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Waste Transfer Businesses and Director fined $100,000 for Environmental Protection Act Violations

Court Bulletin

Waste Transfer Businesses and Director fined $100,000 for Environmental Protection Act Violations

Convicted - C of A Company Inc., KNR Services Ltd., The Recycling Depot (Maple) Inc., Romeo Dibattista Jr.

Court Location - Newmarket

Description of Offence - The convictions relate to non-compliance with conditions of a ministry approval relevant to a waste site, and non-compliance with a ministry order.

Date of Offence - On three dates during the period beginning on or about May 17, 2017 and ending on or about July 27, 2017.

Date of Conviction - November 30, 2018

Penalty Imposed - C of A Company Inc., and The Recycling Depot (Maple) Inc. were jointly convicted of three offences under the Environmental Protection Act. KNR Services Ltd. and Romeo Dibattista Jr. were also convicted of the third offence under the same Act. The defendants were fined a total of $100,000 plus a victim fine surcharge of $25,000 and were given two years to pay the fines.

Background - 

  • At the time of the violations, The Recycling Depot (Maple) Inc., C of A Company Inc. and KNR Services Ltd. occupied corporate offices at a site in Vaughan, and jointly operated a solid non-hazardous waste transfer and processing facility, under a ministry approval for waste. Romeo DiBattista Jr. was the sole registered officer for all of the companies.
  • On May 17, 2017, the ministry received a public complaint about dust discharging from the facilty. An inspection identified that the grinding of wood waste was being done without using a water suppressant to prevent dust from discharging, in contravention of the ministry approval that requires the company to take reasonable steps to prevent fugitive emissions.
  • On July 18, 2017, ministry staff conducted a site inspection and found a pile of wood waste with a total volume more than 20 times that allowed under the ministry approval. The companies had violated this condition several times since August 2016 and the ministry had repeatedly brought the violations to the companies' attention.
  • On July 21, 2017, the ministry issued an order to the four defendants, containing a number of requirements related to the repeated non-compliance issues.  One item required them to stop accepting and adding waste wood to the stockpile, and to reduce the stockpile to the permitted limit by July 26, 2017. The defendants failed to meet this requirement.
  • The ministry's Investigations and Enforcement Branch investigated and laid charges resulting in the convictions.

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