As we pointed out in our recent blog post, a second cosmetics company was fined for using per- and polyfluoroalkyl substances (PFAS) in its consumer products. While PFAS regulations continue to develop, as well as risks associated with PFAS, traditional enforcement actions have been in the news.
Below, we look at some environmental enforcement actions that include individuals being fined, as well as a decades-long release.
Company and Directors Fined
A “numbered company” (11705580 Canada Inc.) and its directors were fined in excess of $1,000,000 for violating Ontario’s Environmental Protection Act. As reported in the Court Bulletin, Mario Cascio, Wesley Dass, and 11705580 Canada, Inc. were fined $1,025,000.
Between April and August 2020, the defendants directed multiple trucking contractors to deposit hundreds of truckloads of construction and demolition waste at a site. The waste was comprised of plywood, drywall, brick, insulation, and glass, amongst other materials.
The convictions against Mario Cascio are for the following:
- Depositing, permitting, or arranging for the deposit of waste onto land that was not an authorized waste disposal site.
- Operating, establishing, altering, enlarging, or extending a waste management system or waste disposal site without ministry approval.
- Failing to comply with a Director’s Order by failing to provide documentation to the ministry related to the source and transportation of waste.
- Failing to comply with a Director’s Order by failing to remove all waste from a site.
- Failing to comply with a Director’s Order by failing to submit a report confirming that all waste had been removed from a site.
Mario Cascio was fined $300,000, plus a victim surcharge of $75,000.
The convictions against Wesley Dass are for the following:
- Depositing, causing, permitting, or arranging for the deposit of waste onto land that was not an authorized waste disposal site.
- Submitting false or misleading information in a statement made to a Provincial Officer.
- Failing to comply with a Director’s Order by failing to remove all waste from a site.
Wesley Dass was fined $225,000, plus a victim surcharge of $56,250.
The conviction against 11705580 Canada Inc. is for depositing, causing, permitting, or arranging for the deposit of waste onto land that was not an authorized waste disposal site.
The company was fined $500,000, plus a victim surcharge of $125,000.
According to the City of Hamilton, approximately 50 residents’ sanitary sewer discharges were connected to the stormwater sewer pipe that discharged into the harbour (Photo by Sharon Waldron on Unsplash).
26-Year Sewage Leak
A leak that is believed to have started in 1996 was discovered on November 22, 2022, at the northeast corner of Wentworth Street North and Burlington Street East in Hamilton, Ontario. According to the City of Hamilton, approximately 50 residents’ sanitary sewer discharges were connected to the stormwater sewer pipe that discharged into the harbour.
Then, in January 2023, crews discovered another leak in the area of Rutherford and Myrtle Avenues in Hamilton. “The city had said a newly constructed storm sewer in 1996 was connected to a 100-year-old combined sewer pipe and as a result, 11 properties had been flushing sanitary wastewater into the harbour” (Source: CTV News).
The City of Hamilton investigated and reported the matter to the Ministry of the Environment.
The city and the ministry made a joint submission to the court for a $600,000 fine, as well as payment of $80,000 to the Bay Area Restoration Council, a charitable organization in Hamilton involved with the Hamilton Harbour remediation action plan.
Since this incident was discovered, the City has conducted approximately 1,700 inspections. No additional issues were reported.
“We take this matter seriously and have taken immediate steps to remediate the situation and strengthen safeguards to help prevent similar incidents in the future, and remain committed to improving our wastewater and stormwater systems,” James Berry wrote in an email to CBC News.
Older infrastructure that may have been modified many times over the years may require closer evaluation. Recalling a project from several years ago where a client had stormwater with puzzlingly high fecal coliform in their discharge. After doing some dye studies, we found that a bathroom discharge pipe was connected to the stormwater outlet. This was contrary to the blueprints we reviewed.
Environmental Consulting Assistance
If you need assistance with an environmental assessment, remediation, or permitting issue, we can help. For more information or for assistance, contact Katherine Rey, E.P., at 519-948-7300, Ext. 137, or Christopher Paré, P.Geo., Ext. 114.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes HazMat Magazine, BizX Magazine, Michigan Lawyers Weekly, GreenStone Partners, Manure Manager Magazine, and Progressive Dairy.
Christopher Paré, P.Geo, reviewed this blog. Chris is a senior geoscientist and manager of Dragun’s Windsor, Ontario, office. Chris has more than 30 years of experience on projects ranging from environmental site assessments (Phase One/Two ESA), excess soils, remedial investigations, soil and groundwater remediation, Permits to Take Water, Records of Site Conditions, vapour intrusion, and site decommissioning. Chris is a frequent speaker, author, and expert witness. See Chris’ bio.
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