The Crown prosecuted Hernder Farms Limited and its director Gottfried Hernder under the Ontario Water Resources Act for operating an unapproved sewage system and discharging raw sewage into a tributary of Richardson's Creek.
The defendants installed a holding tank and leaching bed system without obtaining required approval from the Ministry of the Environment.
In June 2008, a crack in the pipe caused effluent to percolate to the ground surface and flow into the watercourse, causing visible discoloration.
The court found the defendants guilty of all charges, rejecting the defence arguments that approval had been granted, that the discharge was de minimus, and that the defendant exercised due diligence in operating the system.
