July 5-12, 2004

Achievor Recovery fined $125K for 13 violations of Ontario EP Act

Achievor Recovery was recently convicted of 13 charges under Ontario's Environmental Protection Act and was fined a total of $125,000, plus victim fine surcharges. In an earlier trial, company president Michael DiCenzo, was fined $25,000 for related offences.

The court was told that Achievor stored thousands of tires and large mounds of crumbs from chipped tires outdoors at its waste disposal site on 145 Orenda Road in Brampton, Ont. This violated the terms of a provisional certificate of approval (C of A) issued by the Ministry of Environment (MOE) to its predecessor, Achievor Recycling Services, which required that whole or chipped tires be stored only in covered bins or in company trailers at the site.

The company also deposited as many as 125,000 used tires on the ground at 125 Orenda Road, a neighbouring business premise which was unrelated to Achievor and was not authorized to accept used tires.

The court heard further that Achievor Recovery contravened an MOE order by continuing to receive used tires failing to remove all tires from the 125 Orenda Road property by May 7, 2002. The company also violated conditions of a second order containing directives concerning tire receiving, handling, and shredding activities, as well as reporting requirements for the 145 Orenda Road site.

Following his trial, company president DiCenzo pleaded guilty to directing used tires to be deposited at an unauthorized site and failing to bring the company into compliance with a condition of a MOE order, in contravention of sections 40 and 186(2), respectively, of the act. He was fined $15,000 and $10,000 for the respective breaches. In addition, Justice of the Peace John Jackson ordered that DiCenzo not be permitted to operate a similar business within Ontario for a period of twelve months.

Achievor Recovery was convicted of one Section 40 count; eight Section 186(2) counts; and four Section 186(3) counts of failing to comply with its provisional C of A. The company received a suspended sentence on one of the Section 186(3) charges. Justice of the Peace Karen Jensen also ordered the company to pay restitution of $57,542 to Premium Properties, owner of the 145 Orenda Road property, to cover cleanup costs at the site now vacated by Achievor.

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