Convicted – Kapital Produce Ltd.

Court Location – Windsor

Description of Offence – The convictions relate to failing to comply with an Environmental Compliance Approval contrary to Sec.186(3) of the Environmental Protection Act.

Date of Offence – October 16, 2018, and March 26, 2019.

Date of Conviction – April 1, 2022

Penalty Imposed Kapital Produce Ltd. was convicted of two violations under the Environmental Protection Act and was fined a total of $50,000, plus a victim fine surcharge of $12,500 and were given 12 months to pay the fine.

Background –

  • Kapital Produce Ltd. operates a hydroponic greenhouse which specializes in growing, marketing, selling and shipping gourmet produce.
  • The company has an Environmental Compliance Approval which prohibits the discharge of Greenhouse Nutrient Feedwater to the facilities Stormwater Management Facilities and states that total phosphorus in the stormwater pond shall not exceed 0.5mg/L.
  • On October 16, 2018, a Provincial Officer attended the greenhouse operation to conduct an inspection. While there, the Officer observed Greenhouse Nutrient Feedwater entering a nearby catch basin which empties into one of the company’s stormwater ponds.
  • On March 26, 2019, Provincial Officers attended the greenhouse operation to conduct a follow-up inspection. At the time of the inspection, water samples were collected from the Stormwater Pond and all discharges into the pond.
  • Results from the water samples taken indicated that the level of phosphorus in both ponds were 9.1 mg/L and 19.6mg/L respectively, exceeding the limit of 0.5mg/L set by the Environmental Compliance Approval.
  • The ministry’s Environmental Investigations and Enforcement Branch investigated and laid charges which resulted in two convictions. The convictions were for failing to comply with an Environmental Compliance Approval.