November 13, 2006

Scrap metal hauler given jail sentence for waste management violations

WINDSOR, ONT-A scrap metal hauler in southwestern Ontario's Essex County was sentenced to a total of 180 days in jail after being convicted of three waste management offences. In June 2004, Kevin Briggs, operator of a scrap metal hauling business under the unregistered name Active Junk Recycling, was hired by a manufacturing and tool shop to remove scrap steel, and empty, full and partially full barrels of liquid industrial wastes. Briggs and his assistant took the barrels to two rural properties, telling the occupants that the storage would be temporary. He never returned to remove the barrels, however, and the Ministry of Environment (MOE) was eventually notified. Upon investigation the MOE's investigations and enforcement branch found that Briggs did not have a certificate of approval (C of A) to operate a waste management system, and that C of As had not been issued for waste disposal at the two rural properties. Charges were laid and Briggs was convicted of operating a waste management system without a C of A, contrary to section 27(1)(a) of the Environmental Protection Act (EP Act), plus two counts of depositing waste at an unapproved site, in violation of section 40 of the EP Act. He was sentenced to 60 days in jail (consecutive) for each offence. Prosecuting counsel was unopposed on this matter, as Briggs failed to attend the trial.

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