Frontenac-based business owner fined for Water Resources Act violation

The director of a local septic company based out of Verona has been convicted and fined for violating the Ontario Water Resources Act.

According to the provincial government, David J. Orser, “president and sole director” of Orser Septic in Frontenac County, was found guilty of the violations on Monday, Mar. 13, 2023, in Kingston. He was convicted of “operating, establishing, or altering sewage works without ministry approval,” with the offences occurring from on or about October 21, 2020, until on or about June 11, 2021.

According to documents from the Ministry of the Environment, Conservation and Parks (MECP), Orser Septic owns and operates a septic pumping service “that includes a waste disposal site consisting of two storage lagoons for storing private, residential sewage.” The company was issued an Environmental Compliance Approval (ECA) in September of 2011, allowing the company to “operate the sewage works on an interim basis for three years.” But on September 24, 2011, the ECA expired and “was not renewed due to the company’s failure to submit required documentation to the ministry.”

Well over five years later, in June of 2017, MECP staff “conducted an inspection” where they “observed that the sewage works were being operated without ministry approval.” At that point, Orser was “informed” that his company must “cease operation of the sewage works” until the company obtained a new ECA.

Over three years later, on October 21, 2020, MECP staff attended the site, which is located on Lot 14, Concession 10, in Frontenac County (Portland, South Frontenac Township). That day, MECP staff “confirmed that sewage was still being stored in the lagoons at the site.”

“Mr. Orser was reminded that he lacked ministry approval to operate the sewage works,” the Ministry noted of that visit.

Yet another year passed, and on June 11, 2021, ministry staff once again visited the site, where it was “observed that the sewage works were still in use.” At that point, the ministry’s Environment Investigations and Enforcement Branch investigated and laid charges.

On March 13, 2023 — a year and nine months after those charges were laid — Orser stood in court here in Kingston, where he was convicted of one violation under the Ontario Water Resources Act and fined $2,500. Additionally, Orser was ordered to pay a “victim fine surcharge” of $625. He was given six months to pay all fines.

Kingstonist has reached out the MCEP to find out how long Orser has operated the septic company, as well as whether the company remains in operation today. No response was received by time of publication; however, a representative from MCEP has indicated they are looking into the matter.

The Ontario Water Resources Act was first put in place in 1990. Its stated purpose is “to provide for the conservation, protection and management of Ontario’s waters and for their efficient and sustainable use, in order to promote Ontario’s long-term environmental, social and economic well-being.”