PROPERTY OWNER FINED $80,000 AND SENTENCED TO JAIL

FULL TEXT OF CONVICTION

Convicted – David Robert Allen Sutter

Court Location – Walkerton

Description of Offences – The conviction is for failing to comply with the requirements of a court Order.

Date of Offences – Various dates between June 19, 2020, and November 9, 2021

Date of Conviction –January 16, 2025

Penalties Imposed –

• On January 16, 2025, David Robert Allen Sutter was convicted of eight violations under the Environmental Protection Act. Sentencing occurred on June 26, 2025, and September 11, 2025. The defendant was sentenced to 90 days in jail, fined a total of $80,000 plus a victim fine surcharge of $20,000, and given six months to pay.

• As part of sentencing, a new court Order was issued to the defendant under Section 190(1) and 190(2) of the Environmental Protection Act requiring him to comply with the 2019 court Order.

Background –

• Between July 15, 2005, and November 5, 2023, David Robert Allen Sutter was the registered owner of a property located at 1137 Highway 6 in the Town of South Bruce Peninsula. Prior to 2005, the site was operated as a gas station.

• In 2006, the owner of a neighbouring property located at 1135 Highway 6 retained an environmental consultant to assess their property. An assessment report was completed and identified the presence of gasoline range contamination at 1135 Highway 6.

• In April 2007, the Ministry of Transportation conducted an unrelated investigation in the area of 1137 Highway 6 and identified hydrocarbon impacts which were attributed to the former gas station pump island that was located at the property.

• In September 2016, the owner of the neighboring property located at 1135 Highway 6 contacted the ministry with concerns regarding the quality of the water from the well on their property.

• Ministry staff sampled the well and results exceeded the Ontario Drinking Water Quality Standards for benzene. Based on the sampling results, the ministry concluded that the contaminant was gasoline. The ministry advised the property owner of 1135 Highway 6 that the water from its well was not fit for human consumption.

• In April 2017, the ministry issued a Provincial Officer’s Order to David Sutter requiring him to complete several action items. Amongst other requirements, David Sutter was ordered to retain a qualified person to identify, manage, and remediate the hydrocarbon impacts on and off site. He was also required to provide the neighbouring property at 1135 Highway 6 with a reliable source of potable water with respect to hydrocarbons. David Sutter did not comply with the Order.

• On September 23, 2019, David Sutter was convicted of nine violations under the Environmental Protection Act for failing to comply with the 2017 Provincial Officer’s Order. Following sentencing, David Sutter was ordered to pay a fine and issued a court Order requiring him to complete the action items outlined in the 2017 Provincial Officer’s Order.

• In June 2020, it was determined that all of the items in the court Order remained outstanding. As of October 2020, David Sutter remained in non-compliance with the court Order.

• Since 2017, the owner of the neighbouring property at 1135 Highway 6 has been without a reliable source of potable water at their property, which should have been remediated by David Sutter.

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