Greenhouse Grower Convicted and fined $40,000 for Violations Under the Nutrient Management Act and the Ontario Water Resources Act

December 15, 2022

December 13, 2022

Environment, Conservation and Parks

Convicted – Nature Fresh Farms

Location – Windsor Court

Description of Offence – The two convictions are for:

  • applying greenhouse nutrient feedwater to land without taking all reasonable steps to ensure that the feedwater does not pond on the surface (Nutrient Management Act, $10,000).
  • permitting the discharge of greenhouse nutrient feed water into a watercourse, specifically from a land application that flowed into the Bailey Drain, which may impair the quality of the water (Ontario Water Resources Act, $30,000).

Date of Offence – During the period beginning on or about July 20, 2020, and ending on or about July 21, 2020

Date of Conviction – November 7, 2022

Penalty Imposed – Nature Fresh Farms was convicted of two violations and fined a total of $40,000, plus a victim fine surcharge of $10,000 with 90 days to pay

Background –

  • Nature Fresh Farms Inc. owns an agricultural property at a site on Mersea Road 10 and Mersea Road 11 in Staples. The company grows and distributes greenhouse grown produce.
  • The company grows produce using a solution of water and nutrients known as greenhouse nutrient feedwater (GNF).
  • GNF is applied to plants in a closed loop system. Eventually, recycled GNF cannot be effectively adjusted and must be disposed of. The spent GNF contains nutrient value that can be used to fertilize field crops.
  • Nature Fresh Farms has an approved GNF application plan, which allows for land application to field crops under specific conditions. The plan states that GNF applications cannot pool or travel across land.
  • On July 22, 2020, it was reported to the ministry that a red liquid was discharging from the property into the Bailey Drain, which is located adjacent to the property. Subsequent testing of the liquid confirmed that it was GNF.
  • Following notification by the ministry, the company determined that the required land application procedure had not been followed, causing GNF to pond and flow into the Bailey Drain.
  • Subsequently, the company flushed the Bailey Drain with freshwater to mitigate any potential impairment to the quality of the water.

An investigation by the ministry’s Environmental Investigations and Enforcement Branch resulted in charges being laid and the convictions