By Mike Anderson

The Town of Georgina is considering further legal action, including possible fines, against Ross Draper, a commercial farm operator in Keswick, after bylaw officers witnessed a hydrovac (vacuum) truck dumping liquid soil on his property at 22954 Warden Ave on February 2.

According to a Town spokesperson, Draper does not have a permit to dump fill, which is required by the Town’s Site Alteration bylaw. 

Allowing a vacuum truck to dump its load on the property also violates a court injunction the Town obtained in 2022 to stop Draper from illegally dumping fill.

Under the Town’s Site Alteration bylaw, which is intended to protect groundwater and the environment from contamination, a property owner could face a $10,000 fine for each day the offence occurs or continues to occur. That fine climbs to $25,000 a day if the property owner is convicted of a subsequent offence. 

Fines for corporations are more substantial. If convicted of a first offence, the corporation can be fined up to $50,000 a day, or $100,000 a day on a subsequent conviction. 

Still, the Town said while Draper may have breached the injunction, there is no automatic penalty for doing so. Further legal action would be required. 

Moreover, the Town has been reluctant to levy fines for illegal dumping under its bylaw. In fact, no fines have been levied over the past five years. 

“Provincial Offences Court proceedings are not thought to be the most effective tool in site alteration matters,” a Town spokesperson said. 

According to provincial soil regulations, vacuum trucks are required to have their loads tested for contaminants before they’re allowed to dump at licensed clean-fill sites.

If contaminants are detected, they must go to a facility that accepts contaminated waste. However, only a few facilities in the GTA accept contaminated fill, and tipping fees are considerably higher. 

So, some vacuum truck operators are illegally dumping on rural properties for as little as $300 a load, in order to avoid testing, and potentially higher tipping fees. 

Draper’s property at 22954 Warden Ave. cuts across an LSRCA-regulated area and is adjacent to wetlands, including a tributary of the Maskinonge River.

It’s also directly across from the Town’s Waste Transfer Station at 23068 Warden Ave, so much of the illegal dumping has been done in plain sight of Town staff.

Still, the Town’s decision to obtain the original injunction (2022) was largely the result of a complaint by Alec Cloke, president of United Soils, a large clean-fill disposal site in Stouffville.

In an email to former Regional Councilor Rob Grossi and Ward 3 Councilor Dave Neeson dated April 3, 2022, Cloke said Draper had been accepting untested fill, mostly from vacuum trucks, on a daily basis for years.

Cloke demanded that the Town stop the illegal dumping, or it could face legal action.

“Town council and senior staff have a fiduciary duty to uphold the legislation designed to protect the public, and you aren’t doing that,” Cloke wrote.

While the Town is still considering its next steps, it has notified Draper that the court injunction remains in effect, and he is prohibited from importing fill onto his property. 

According to the Town, bylaw officers will continue to monitor the site. 

Mike Anderson
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