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January 26, 2004
Construction firm owner convicted of illegal storage of demolition waste
ST CATHARINES, ONT-Carl McCulligh, owner of McCulligh Construction, in Wainfleet, was convicted on three charges related to the illegal storage of demolition waste and fined a total of $9,500. The court was told that between April 26, 2001 and April 25, 2002, McCulligh Construction dumptrucks deposited approximately 100 tonnes of demolition waste on a 64-acre parcel of land belonging to Carl McCulligh. A provincial officer order issued to McCulligh required the cleanup and removal of the demolition waste, but McCulligh failed to meet three conditions of the order. Specifically, he failed to: remove the demolition waste by May 14, 2002; notify the Ministry of Environment 24 hours in advance to ensure the proper cleanup and removal of the demolition waste; and submit the required documentation to verify the proper removal of the demolition waste by May 25, 2002 (condition three). McCulligh was fined $1,500 for each of three charges under section 186(2) of the Environmental Protection Act of failing to meet three requirements of a provincial officer order. He was also fined $5,000 for violating section 40 of the Act by depositing demolition waste on a property which did not have a certificate of approval for receiving the waste.