Two construction companies have been fined a total of $85,000 for violations of Ontario’s Environmental Protection Act in 2021.

Convicted were Ostim Ltd. and Pomerleau Inc. Ostim was found to have discharged a contaminant, namely expanded polystyrene foam, into the environment causing an adverse effect. Pomerleau, meanwhile, was found to have failed to comply with a provincial officer’s order by failing to notify the ministry of rasping activities at the worksite.

Ostim was fined $45,000 under the act, and will pay a supplementary victim fine surcharge (VFS) of $11,250.  Pomerleau was fined $40,000 plus a surcharge of $10,000. 

In May 2019, Pomerleau Inc. was retained as a general contractor to complete construction at a retirement residence located on Princess Street in Kingston. 

Pomerleau sub-contracted Ostim Ltd. to install an exterior insulation and finishing system (EFIS) on the exterior of the building while it was under construction. 

The EFIS product was used as an exterior wall covering and was installed using a multi-layered process which involved an Expanded Polystyrene (EPS) foam layer. Ostim used a procedure called “rasping” as part of the installation which created EPS foam particles as a by-product. 

Ostim performed the rasping using specialized tools to shave or trim the EPS foam insulative layer to create a smooth surface prior to the application of the base and finishing coats.

The installation of the EFIS system occurred during a period between the summer of 2020 and the fall of 2021.

In August 2021, the ministry issued an order to both companies after receiving public complaints about EPS foam particles that were migrating from the site onto neighbouring residential properties. 

The order required that the defendants cease the discharge of EPS foam particles, prepare a written plan to prevent the discharge of EPS foam particles from the site including control measures to be implemented, and notify the ministry at least one day in advance of any rasping activities at the site. 

On September 17, 2021, Ostim performed rasping in an area without the control measures that were required in the order. Further EPS foam particles were discharged from the site. The ministry was not notified of the rasping activity in advance. 

This discharge of EPS foam particles from the site resulted in off-site impacts and interfered with a neighbour’s ability to use their property. An Environmental Compliance Officer attended the impacted neighbourhood and observed evidence of EPS foam on neighbouring properties and on city streets.

As a result of further complaints, in September 2021, the companies received an amending order that required them to notify the ministry at least one business day in advance of any rasping activities at the site. The order also required the defendants to provide the ministry with the location to be rasped and photos of the enclosure covering the work area in question. 

In October 2021, the ministry contacted Pomerleau to inquire about rasping activities at the site as no recent information related to rasping activities had been provided.

In November 2021, Pomerleau notified the ministry that rasping at the site had been completed and rasping activities had taken place during the week of October 11, 2021. No notification of any rasping activities had been provided to the ministry, as required by the order.

The ministry’s Environmental Investigations and Enforcement Branch investigated and laid the charges that resulted in the convictions.