February 28, 2005

$5K in fines levied for improper disposal, failure to comply with provincial order

PARRY SOUND, ONT-Improper disposal of demolition debris and failure to comply with a provincial officer order led to fines totalling $5,000 for Dale Cecil Brooks, the owner-operator of a Parry Sound company, Dale Brooks Trucking, Logging and Road Construction. In April 2002, the Ontario Ministry of Environment (MOE) learned that burned demolition debris originating from a former nearby hotel was being deposited at Brooks' business site. An inspection by a provincial officer confirmed that many loads of waste were being deposited at the site, including the burned debris from the hotel. The officer told Brooks he had to have a certificate of approval (C of A) in order to establish or operate a waste disposal site. Upon revisiting the site in August 2002, the officer found that the waste had been buried and in April 2003, issued an order requiring the removal of all waste, as defined under the Environmental Protection Act (EPA), by August 1, 2003. The order further required transport of the waste to an MOE-approved disposal site by an approved waste hauler. Brooks did not do so and was charged under the act with operating a waste disposal site without a C of A and failing to comply with the order. He pleaded guilty and was given six months to pay the fine plus victim surcharge. The court also issued a Section 190 order requiring that the waste be removed within 180 days and that Brooks notify the MOE's northern region director concerning the quantity of material removed. He must provide appropriate supporting documentation for the removal as well.

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