August 29, 2005

Waste haulers plead guilty to EP Act charges following joint inspection effort

A joint enforcement initiative, undertaken to ensure that contaminated soil waste haulers are in compliance with the Environmental Protection Act (EP Act), has resulted in the conviction of 11 companies and three individuals for violations of the Act. Fines totalling $8,500 were imposed, plus victim fine surcharges.

The inspection effort, which began in May 2005, involved members of the Ministry of Environment's investigation and enforcement branch, the Ontario Provincial Police and the Ministry of Transportation. The waste haulers were inspected to verify that they are approved to haul contaminated solid non-hazardous waste and that they were operating in accordance with their certificate of approval (C of A) conditions.

The court was told that on May 24 and 25, 2005, the defendants were observed to be hauling contaminated solid non-hazardous waste and soil to two landfill sites in the Ottawa region. Inspection of the vehicles transporting the waste revealed that they were either not authorized to do so or were not clearly marked with the certificate of approval (C of A) name and number. In other instances, the C of A's were not present in the vehicles as required. Following a two-day inspection, 11 companies and three individuals were charged for violations under the EP Act. They pleaded guilty as follows.

*Munro & Scullion Contracting, and 1421736 Ontario Limited pleaded guilty to a charge of operating or establishing a waste management system without a C of A or provisional C of A, contrary to section 27(1)(a); they were fined $1,000 each.

*Gestion des DÈchets Malex /Malex Waste Systems, Carl's Sanitation Services, Mackat, Ray's Haulage and 927889 Ontario Inc all pleaded guilty to one charge each of failing to mark their vehicles with the C of A name and number, contrary to section 10 of Regulation 347 under the EP Act. They were fined $500 each. Kimco Steel Sales also pleaded guilty to two charges under this section and was fined a total of $1,000.

*Peter Alfred Stanley, Jean Claude LÈvesque and Timothy Stephen Dell pleaded guilty to one count each under section 10 of Regulation 347 and were each fined $500.

*144778 Canada Inc, Services Matrec and Losey's Haulage pleaded guilty to one charge each of violating C of A conditions, contrary to section 186(3) of the EP Act, and were each fined $500. All parties were levied victim fine surcharges, exclusive of the fines.

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