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Ontario haulers plead guilty to violations

Eleven companies and three individuals pleaded guilty to violations under Ontario's Environmental Protection Act (E...


Eleven companies and three individuals pleaded guilty to violations under Ontario’s Environmental Protection Act (EPA).

In May 2005, members of the Ministry of the Environment’s Investigation and Enforcement Branch partnered with the Ontario Provincial Police and the Ministry of Transportation in a joint inspection initiative to ensure contaminated soil waste haulers are in compliance with the EPA. The waste haulers were inspected to determine if they are approved to haul contaminated solid non-hazardous waste and if they were operating in accordance with the conditions of a Certificate of Approval.

The court heard that, on May 24, 2005 and May 25, 2005, the defendants were observed to be hauling contaminated solid non-hazardous waste and soil to two landfill sites located in the Ottawa region. Upon inspection, it was revealed that the vehicles transporting the waste were either not authorized to do so or the vehicles were not clearly marked with the name and number of its Certificates of Approval. In other instances the Certificates of Approval were not present in the vehicles as required. Following a two-day inspection, 11 companies and three individuals were charged for violations under the EPA.

Between June 16 and July 14, 2005, the companies and individuals pleaded guilty to the following charges under the EPA:

– Munro & Scullion Contracting Inc., and 1421736 Ontario Limited pleaded guilty to one count of operating or establishing a waste management system without a Certificate of Approval or provisional Certificate of Approval contrary to Section 27(1)(a) and were fined
$1,000 each;

– Gestion des Dechets Malex Inc. /Malex Waste Systems Inc., Carl’s Sanitation Services Ltd., Mackat Inc., Ray’s Haulage Incorporated, 927889 Ontario Inc., all pleaded guilty to one count each for failing to mark the vehicles with the name and number of the Certificates of Approval contrary to Section 10 of Regulation 347 under the EPA. They were fined $500 each; Kimco Steel Sales Ltd. also pleaded guilty to two counts under this section and received a total of $1,000 in fines;

– Peter Alfred Stanley, Jean Claude Levesque and Timothy Stephen Dell pleaded guilty to one count each under Section 10 of Regulation 347. Each individual received a $500 fine.

– 144778 Canada Inc., Services Matrec Inc., and Losey’s Haulage Ltd. also pleaded guilty to one count each for violating Certificate of Approval conditions contrary to Section 186(3) of the act. The companies each received a $500 fine. Victim Fine Surcharges are exclusive of the fines.

Justices of the Peace Louisette Girault and William Stewart presided over the matters in the Ontario Court of Justice in Ottawa.


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