Ontario Construction News staff writer
The City of Guelph and Varcon Construction Corporation have been fined a combined $270,000 for violations of the Ontario Water Resources Act stemming from sewage spills into the Eramosa River during a municipal infrastructure project.
According to Ontario’s Ministry of the Environment, Conservation and Parks, the convictions relate to incidents in February 2019 when raw sanitary sewage was discharged into the river during sewer replacement work.
The city pleaded guilty on Feb. 10, 2023 to one violation under the Act and was fined $85,000, plus a victim surcharge of $21,250. Varcon Construction was found guilty following a trial and was fined $185,000, plus a victim surcharge of $46,250. Together, the penalties total $337,500, including surcharges.
Violations occurred during a major municipal infrastructure project involving the replacement of watermains and sanitary sewers. Varcon had been awarded a contract in 2018 to complete one phase of the work.
According to a report from the ministry, bypass pumping systems were required to divert sewage while sections of sanitary sewer were replaced. Varcon retained a subcontractor to develop a bypass pumping plan and provide equipment, and the plan was subsequently accepted by the city.
Contract specifications required continuous monitoring of the bypass system, emergency spill response procedures, freeze protection measures and duplicate pumping systems on site at all times.
A bypass system installed in Eramosa River Park began operating on Feb. 15, 2019. Two days later, the system failed, resulting in a significant sewage spill into the Eramosa River.
Investigators determined the system was not being monitored when the failure occurred because a security guard assigned to watch the operation had been stationed at the wrong location.
The spill was first reported by a local resident. City staff responding to the incident found a large volume of sanitary sewage discharging into the river and were able to restart one of the pumps, stopping the release.
A second spill happened Feb. 20, 2019, after sewage levels overwhelmed the bypass system when one of the backup pumps failed to start. Construction crews excavated containment pits and city staff deployed a vacuum truck to manage the overflow, but untreated sewage reached the river for a short period.
The ministry says the releases “impaired water quality in the Eramosa River, a cold-water fishery and source of drinking water for several communities.” Raw sewage contains pathogens such as E. coli as well as organic materials that can have long-term impacts on aquatic ecosystems.
The ministry’s Environmental Investigations and Enforcement Branch conducted the investigation that led to the charges and subsequent convictions.
The case highlights the importance of rigorous monitoring and contingency planning for bypass pumping operations on municipal sewer projects, particularly when work is being conducted near environmentally sensitive waterways.
