March 22, 2004

Former carpet dyer ordered to pay $8K in restitution following illicit waste disposal

Business operator Anne Hein was ordered to pay $8,000 in restitution to cover the costs of cleaning up illicitly disposed wastes from her defunct carpet dyeing business in Newmarket, Ont.

After her business ceased operation, Hein contracted for the disposal of numerous barrels of rusted and leaking drums of hazardous dyes. The contracted parties, who did not have a Certificate of Approval from the Ministry of Environment, as required under Ontario's Environmental Protection Act, transported the waste and "midnight dumped" it along the side of the road at five locations in Melancthon Township.

Hein was charged with two violations under section 186(1) of the Act: permitting the dyes to pass from her control to an unauthorized waste transportation system operator; and causing, permitting or arranging for the deposit of waste upon land that was not an approved waste disposal site. She was given a suspended sentence on both counts and issued the restitution order. In consideration of her advanced age and financial and health status, she has been given three years to make the restitution payment.

The two men contracted to transport the waste were also charged under the Act for their involvement in the incident. One pleaded guilty to three charges under section (40) and one charge under section 21(1) of regulation 347. He was fined $1,000, with one year to pay, and was placed on 18 months probation with a condition to serve 200 hours of community service. The second man pleaded guilty to one charge under section 21(1) of regulation 347 and was fined $800, with 60 days to pay.

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