Court rules Napanee RV resort violated Environmental Protection Act, fined $6,000

A Napanee court has ruled the operators of Pickerel Park Resort must pay $6,000 for violating the Environmental Protection Act.

An Ontario court media release published Feb. 6 states Castle Amalco Real Estate Holdings ULC was ordered the pay the fine plus a $1,500 victim fine surcharge.

The conviction is for failing to comply with ministry approval by failing to build a sewage works in accordance with the description set out in an Environmental Compliance Approval (ECA).

The document shows Pickerel Park operates a sewage works under a ministry-issued ECA. The ECA requires Castle Amalco to design, build, install, operate and maintain the sewage works in accordance with the description set out in the approval. Castle Amalco retained a third-party engineering company to design and install the sewage works in accordance with the relevant approval requirements. Castle Amalco relied on the engineering company to determine if and when an amendment to an ECA was required, including potential changes required during installation.

During the period from July 21, 2017, to Aug. 29, 2019, approvals were issued to Pickerel Park for upgrades to two on-site sewage works.

A sewage works at a Pickerel Park site park lodge was approved for upgrades to address a proposal to install washroom facilities. Thereafter, Pickerel Park decided not to proceed with installing washroom facilities as it was determined that there was no sewage generated at the park lodge, no sewage to be treated, and accordingly no requirement to install a sewage treatment system. An additional sewage works at a Pickerel Park site’s transfer station was approved for upgrades. Due to concerns regarding the age and condition of the site’s above-ground holding tank, it was determined that it should be replaced with a larger holding tank to prevent overflows and service disruptions.

The increased holding capacity of the tank made the system more secure, stable and protective of the environment, however the larger tank was not consistent with the tank size approved in the ECA.

As a result, during the period from July 21, 2017, to August 29, 2019, Castle Amalco failed to build or install a sewage works at Pickerel Park in accordance with the description set out in the ECA and the application for the ECA.

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

Pickerel Park RV Resort and Campground, which now operates under the name Sun Retreats Hay Bay, is located at 655 South Shore Rd. in Greater Napanee.


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