Greenhouse and Owner Fined $360,000 for Environmental Protection Act and Ontario Water Resources Act Violations

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Convicted - AMCO Farms Inc. and Fausto Amicone

Location - Windsor

Description of Offences -

• The convictions against AMCO Farms Inc. are for:
  • failing to comply with an Environmental Compliance Approval by failing to operate and maintain storm water management facilities such that the compliance limit for total phosphorus was not exceedeed
  • altering an existing sewage works other than in accordance with an Environmental Compliance Approval
  • failing to comply with a Permit to Take Water by exceeding the maximum daily water takings permitted

• The conviction against Fausto Amicone is for, as director of AMCO Farms Inc., failing to take all reasonable care to prevent AMCO Farms Inc. from contravening Environmental Compliance Approval conditions

Date of Offences - Various dates between March 14, 2022 and November 30, 2024

Date of Convictions - April 24, 2026

Penalties Imposed -

• AMCO Farms Inc. was convicted of one violation under the Environmental Protection Act, 1990, and two violations under the Ontario Water Resources Act ,1990, fined $340,000 plus a victim fine surcharge of $85,000 and given 30 days to pay.

• Fausto Amicone was convicted of one violation under the Environmental Protection Act, 1990, fined $20,000 plus a victim fine surcharge of $5,000 and given 12 months to pay.

Background -

• AMCO Farms Inc. (AMCO) owns and operates a 67-acre greenhouse complex located at 523 Wilkinson Drive in Leamington.

• Fausto Amicone is the sole director of AMCO.

• The ministry issued AMCO an Environmental Compliance Approval for the establishment and operation of storm water management facilities and sewage storage tanks, including four ponds.

• The four ponds discharge into the Sturgeon Creek Drain, then into Sturgeon Creek and ultimately into Lake Erie.

• A condition of the Environmental Compliance Approval required AMCO to operate and maintain the storm water management facilities such that the four-month rolling average compliance limit for total phosphorus was not exceeded. AMCO's annual reports and monthly laboratory sampling results showed that the total phosphorus four-month rolling average for the period of April 3, 2024, to July 5, 2024, was 64.5 times the permitted compliance limit.

• As director, Mr. Amicone did not take all reasonable care to prevent AMCO from failing to operate the Storm Water Management Facilities in accordance with the Environmental Compliance Approval.

• Between March 2022 and September 2023, construction of a pond part of the storm water management facilities pond occurred which increased its storage capacity. As of November 30, 2024, despite continuing to operate the pond, AMCO had not yet submitted a completed application to amend the Environmental Compliance Approval to reflect the pond's altered storage capacity.

• In September 2023, the ministry issued AMCO a Permit to Take Water for water taking from six wells. According to the ministry's Regulatory Self Reporting System, AMCO exceeded the combined maximum water taking amount on several occasions between January 23, 2024 and June 23, 2024.

• The ministry's Environmental Investigations and Enforcement Branch investigated and laid charges which resulted in the convictions.

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