North Augusta company one of two contractors fined for Water Resources Act violations

The Ministry of Environment, Conservation and Parks has laid $23,000 in fines after an investigation into Ontario Water Resources Act violations by Odessa and North Augusta companies at a construction site on Bath Road in Kingston.

According to a release from the provincial government, dated Thursday, May 22, 2025, three entities — 1382845 Ontario Limited (operating as Dave Irish Well Drilling or DIWD), David John Irish, and MacLellan Water Treatment and Pumps Ltd. — have been convicted and charged after the ministry’s Environmental Investigations and Enforcement Branch completed its investigation.

In September 2022, MacLellan Water Treatment and Pumps, based in Odessa, was providing water treatment system services for a boat dealership and marina facility located on Bath Road, according to the release. At the facility’s request, MacLellan Water Treatment and Pumps retained DIWD, a well drilling contractor in North Augusta, Ontario, to construct a new well at the site.

In the release, the province outlined that MacLellan Water Treatment and Pumps’ staff proposed that the new well be positioned in a spot that would minimize the amount of work required and allow them to re-use and reconnect some existing infrastructure on site from a historical well. McLellan Water Treatment and Pumps asked DIWD to complete the necessary locates, but did not confirm the work was done, according to the province.

“In October 2022, Mr. Irish constructed a new well at the site. The well was positioned at the general location recommended by MacLellan Water Treatment and Pumps. Mr. Irish otherwise took no steps to ensure the well was properly positioned,” the release stated.

“In November 2022, a properly licensed staff from MacLellan Water Treatment and Pumps installed a well pump and associated hardware, rendering the well operational for the facility. However, neither Mr. Irish nor MacLellan Water Treatment and Pumps conducted proper pre-construction site assessments to identify potential sources of contamination and were not aware of the nearby sewage holding tank.”

According to the release, at the completion of the well’s structural stage, Irish placed a one-litre plastic bottle of water taken from the well on the well casing in the parking lot at the site. Irish reportedly did not provide this water sample or the location of the sample to the well purchaser.

The province stated that in March 2023, the ministry became aware of the well construction activities that had occurred at the site. Ministry staff attended the site to conduct an inspection and confirmed that the well was constructed approximately five metres too close to the sewage holding tank, which is a potential source of contamination for the well, according to the release.

The provincial government detailed the following convictions and the penalties imposed:

Convictions:

• The convictions against 1382845 Ontario Limited and MacLellan Water Treatment and Pumps Ltd. are for failing to ensure that the well site was separated from a sewage system holding tank by the applicable clearance distance.
• The conviction against David John Irish is for failing to provide the well purchaser with a water sample from the well of at least one litre for visual examination on the day the structural stage of the well was complete.

Penalties:

• On October 21, 2024, MacLellan Water Treatment and Pumps Ltd. was convicted of one violation under the Ontario Water Resources Act (OWRA), fined $7,000 plus a victim fine surcharge (VFS) of $1,750, and given 90 days to pay.
• On November 8, 2024, 1382845 Ontario Limited was convicted of one violation under the OWRA, fined $12,000 plus a VFS of $3,000, and given 90 days to pay.
• On November 8, 2024, David John Irish was convicted of one violation under the OWRA, fined $4,000 plus a VFS of $1,000, and given six months to pay.

The province did not detail whether these fines have been paid.

Read the detailed release from the province here.