May 14, 2007

Earthmoving firm fined $16K for failing to comply with C of A terms

GODERICH, ONT- H Kerr Construction has been fined $16,000 after failing to comply with Certificate of Approval (C of A) requirements for operating a waste oil heater that burns used oil. The company, which specializes in earthmoving and grading, obtained a C of A from the Ministry of Environment (MOE) in 1997 to operate an used fuel oil heater in order to reduce costs related to its maintenance building and the shipping of waste oil to a recycler. During an inspection of Kerr Construction's maintenance building in January 2006, an MOE officer determined that the company was out of compliance with its C of A conditions requiring analysis of the used fuel oil prior to use and the development of an operations and maintenance program. After an investigation by the MOE's investigations and enforcement branch, the firm was charged and convicted of two counts of failing to comply with a term or condition of its C of A, contrary to section 186 (3) of the Environmental Protection Act. In addition to the fine, the company was levied a victim fine surcharge.

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