Farmer fined $20,000 for Ontario Water Resources Act violation

CHATHAM — On December 12, 2023, a Chatham court convicted a farmer for discharging a material, namely Bailer Juice, into the Finn and Cooper Drain which may have impaired the quality of the water. The offence occurred during the period beginning on or about August 19, 2021, and ending on or about August 27, 2021.

Wallace Williams was convicted of one violation under the Ontario Water Resources Act (OWRA), fined $20,000 plus a victim fine surcharge of $5,000, and given 12 months to pay.

Wallace Williams owns and operates a farm in Merlin, Ontario. The farm grows soybeans and other vegetables. To assist in fertilizing the soil, Williams sprays Non-Agricultural Source Materials (NASM) onto his fields. These materials include Bailer Juice (liquid obtained when sweet corn is processed) and Cake (organic material left in the bottom of the processor).

The release of NASM into a water body may result in viral and bacterial contamination, oxygen depletion, the poisoning of fish and other aquatic organisms, and the disruption of oxygen levels in water that may result in the destruction of fish habitats.

On August 5, 2021, Mr. Williams began accepting and applying Bailer Juice onto his field. This field discharges to the Finn and Cooper Drain, which ultimately discharges to Lake Erie.

On August 19, 2021, a complaint was made to the Municipality of Chatham-Kent about the water in the Finn and Cooper Drain, which appeared to be running black.

City staff and ministry officers attended the site and determined the source to be Mr. Williams’ farm, where Bailer Juice was being actively applied and discharging to the Finn and Cooper Drain.

Multiple dead fish and large amounts of algae were noted in the Finn and Cooper Drain downstream of the source. An expert opinion prepared by the ministry later determined that these events were caused by the discharge of Bailer Juice from Mr. William’s farm.

The ministry’s Environmental Investigations and Enforcement Branch investigated and laid charges which resulted in the conviction.