January 3, 2005

Failure to complete waste manifests leads to over $60K in fines

GODERICH, ONT-The municipality of Huron East was fined a total of $60,000 and Pannabecker Holdings a total of $7,500-plus victim fine surcharges-after pleading guilty to three charges of violating Regulation 347 under Ontario's Environmental Protection Act. The Mid-Huron Landfill Site Board operates the Mid-Huron landfill site in the township of Central Huron, under the authorization of a certificate of approval (C of A) issued by the Ministry of Environment (MOE) to the former township of Goderich (now the municipality of Central Huron). Leachate generated by the landfill operation is collected, removed and transported to a transfer facility in the town of Goderich. The Board is officially registered as both the generator and receiver of waste. In its capacity as receiver, the Board is responsible for receiving and disposing of waste leachate at the transfer facility. A ministry-issued C of A (sewage) authorizes the Board to undertake its receiving activities. In January 2001, the Board entered into an agreement with Pannabecker Holdings to haul leachate from the Mid-Huron landfill to the Goderich transfer facility. Pannabecker was not authorized for this activity at the time, as it did not hold a C of A to haul leachate; however, the company purported to do so via an agreement signed with a second company which did hold a C of A to handle and transport non-hazardous liquid industrial waste. A June 2002 inspection by the MOE found that, between January 2001 and June 2002, neither the generator, nor the carrier, nor the receiver completed the necessary waste manifests for each load. Regulation 347 stipulates that leachate-a Class 149L liquid industrial waste-must be registered and characterized on a manifest first by the generator, then by the carrier, and finally by the receiver. By permitting leachate waste to leave the generation site without completing waste manifests and by failing to obtain copies of waste manifests from the carrier of each load received at the transfer facility, the Board violated Sections 19(1) and 23(5), respectively, of Regulation 347. In permitting leachate waste to pass from its control without completing waste manifests, Pannabecker Holdings acted contrary to Section 22(1) of the regulation. The municipality of Huron East pleaded guilty to the two charges on behalf of the Board, and was fined $30,000 for each of the violations. Pannabecker Holdings also pleaded guilty to a single count and was fined $7,500.
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