January 17, 2005

Excavating firm fined $16K for disposing of waste at its aggregate pit

CORNWALL, ONT-A Brinston, Ontario excavating company was fined a total of $16,000, plus victim fine surcharges, after pleading guilty to disposing of waste in its aggregate pit, in violation of Ontario's Environmental Protection Act (EPA). Frank Ault Excavating is licensed by the Ministry of Natural Resources (MNR) to remove aggregates, such as sand and gravel, from its pit in the township of South Dundas. The company also has a certificate of approval (C of A) from the Ministry of Environment (MOE) authorizing it to transport commercial and solid non-hazardous solid industrial waste, including contaminated soil. The C of A stipulates that waste is to be disposed only at MOE-approved sites. Neither it nor the MNR licence permits the company to dispose of waste in the aggregate pit. In September 2003, MOE staff responded to a complaint from MNR about waste which was alleged to have been deposited into Frank Ault Excavating's aggregate pit. The MOE inspection confirmed that the company had deposited waste at the site of the pit from a service station decommissioning project. The company subsequently transferred the waste to an MOE-approved site. The MOE charged Frank Ault Excavating with depositing waste on land that was not an approved waste disposal site and with violating a condition of its C of A, acted contrary to sections 40 and 186(3), respectively, of the Act. Fines of $11,000 and $5,000, respectively, were levied for the offences.

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