Jim Harnum, senior director of the city’s water and wastewater facility told members of the city’s audit and administrative committee and later in an interview, the department will propose between a $300 to $400 fine.

“There should be a fine,” said Mr. Harnum.

The city’s auditor agreed with Mr. Harnum in a report to the committee last week.

The auditor’s report detailed a lack of enforcement by the city against companies that exceed their overstrength agreements.

“Many times, companies who (sic) become aware of exceeding the limits either by a warning letter from the City of self-acknowledgement respond with a request for a new agreement (to increase the limits),” stated the report. “Without provisions for fines or penalties, overstrength agreements lack adequate enforcement capabilities.”

Mr. Harnum said proposing a fine similar to a $305 fine for stealing water from a fire hydrant or theft of water would be appropriate. He said ultimately it would be up to a judge to determine the amount of the fine.

He said there have been only “rare” occurrences when companies violate their overstrength agreements. A recent example occurred when Dofasco stated it was unable to shut down its operations to curtail material from flowing into the sewer after city officials demanded to stop their sewage discharge.

Mr. Harnum said Dofasco and city officials ultimately “worked out” the issue.

“It rarely happens,” said Mr. Harnum.

In 2007 the city had 35 overstrength agreements with local companies which contributed $1.97 million in revenue to the city.

The proposed fines, which Mr. Harnum said could take about six months to implement, will not impact the city’s sewer surcharge agreements with companies.

The sewer surcharge agreements apply to companies discharging water that originates from a source other than the city’s potable water supply into the sewer system. In 2007 the city had 21 agreements with companies producing $1.73 million in revenue.

Meanwhile, Mr. Harnum confirmed the city will be presenting to council by the summer a proposal to remove all phenols  from the overstrength agreements.

Mr. Harnum said the idea is to force companies that want to discharge phenol material into the sewer system, to prove the material is non-toxic. There are about 250 phenol compounds that are non-toxic, and a small amount that are toxic, he said.

“They will have to prove to us their phenols are non-toxic,” said Mr. Harnum.

The idea elicited applause from Stoney Creek councillor Brad Clark, who has been fighting the city to get phenols removed from the overstrength agreements.

“This is a long-time coming,” said Mr. Clark. “We are protecting the water. I’m a very happy camper.”