Ontario orders closure of St. Catharines waste plant where explosion led to worker’s death

A hazardous waste facility in St. Catharines, Ont., has been ordered to permanently close after an investigation into a 2023 explosion that killed 37-year-old Ryan Konkin.

The company and its directors — Steve Baker, Sharon Baker and Tyler Baker — face a combined 21 charges from the Ministry of the Environment, Conservation and Parks (MECP).

The MECP said Ssonix Products must submit a closure plan by March 31 following an Ontario Land Tribunal hearing.

“Our role is to respond to incidents to assess for potential impacts to human health and the environment, and work to ensure those responsible take appropriate actions to clean up and restore the natural environment,” the ministry said in a statement.

In the early hours of Jan. 12, 2023, emergency crews were called to the facility following a series of explosions and a fire. Homes in the area were evacuated as crews put out the fire.

Konkin, the only person in the building at the time, was taken to hospital and later died. 

Konkin’s fiancée, Natalia Sepúlveda-Lastra, described him as hilarious and a “hard worker.” She told CBC Hamilton in March 2023 that first responders who treated him heard his final words.

“He managed to say to the nurses, ‘All I did was open the door.’ … I wish I could’ve been the one that heard that,” she said.

The ministry said once the company’s closure plan is accepted, Ssonix Products will have to implement it.

“The ministry continues to monitor activities at the site to ensure that appropriate actions are taken to address any environmental impacts, and that applicable regulations and guidelines are followed to protect human health and the environment,” said a spokesperson for the MECP. 

In a November news release, Niagara police announced they had charged the three Ssonix Products directors with “criminal negligence causing death” and “arson by negligence.”

A rundown of charges against company, directors

In September 2023, Ssonix Products and the directors faced 84 combined charges under the Fire Protection and Prevention Act.

In early 2023, the Ministry of Labour issued the company 11 requirements and one order — which is done when a ministry inspector determines a contravention of the Occupational Health and Safety Act.

The charges were laid under the Environmental Protection Act (EPA) and the Ontario Water Resources Act (OWRA).

Ssonix and Steve Baker face one count each of releasing a contaminant likely to cause an adverse effect.

Additional charges against Ssonix include:

• One count of operating or modifying an air-related facility without the required Environmental Compliance Approval (ECA).
• One count of operating or expanding a waste facility “without proper ECA.”
• One count of discharging material that may impair water quality.
• And seven counts of failing to comply with the terms of its “waste ECA.”

Charges against all three directors include:

• One count each of failing, as officers or directors of Ssonix, to take reasonable care to prevent the company from violating an EPA’s section related to discharging contaminants.
• One count each of failing to prevent the company from violating an EPA’s section related to hazardous waste-related violations.
• One count each of failing to prevent the company from violating an OWRA’s section related to water quality impairment.