Fines for Failing to Properly Dispose of Asbestos Waste

Written by on January 05, 2017.

On December 8, 2016 an individual was convicted for transporting asbestos waste, storing asbestos, and failing to comply with the conditions of a Ministry order contrary to the provisions of the Environmental Protection Act (“EPA”).

The individual operated a business providing asbestos removal services. The individual was investigated by the Ministry of the Environment and Climate Change (“Ministry”) for two violations of the Environmental Protection Act. During the first investigation the Ministry noticed a trailer on site containing numerous bags marked “Asbestos.”

The individual was also stopped by the police while transporting bags of waste marked as “Asbestos” and was ordered back to the construction site. During the second, follow up, investigation the Ministry sampled the waste found in the vehicle and confirmed the presence of asbestos fibres.

Subsequent to the two investigations a Ministry order was issued against the individual that required the removal of the asbestos waste from the vehicle using a Ministry approved company. The individual was also required to notify the Ministry of where the waste was taken for disposal. The individual failed to comply with the requirements of the Ministry order.

The property management company discovered that the unit where the construction was taking place contained numerous yellow bags marked “Caution Waste Asbestos”. The property management company contacted the individual for: the outstanding rental fees; to remove the asbestos waste; and, to require that the unit be vacated prior to the end of the year.

The individual acknowledged ownership of the asbestos waste but failed to remove and properly dispose of it by December 31, 2015. The landlord arranged to have the waste removed by a licensed asbestos disposal company and transported to a Ministry approved landfill facility.

The individual pled guilty to three offences of the EPA was fined $8,000 plus the mandatory 25% victim fine surcharge and was given a period of one year to pay the fine. The Ministry also issued a restitution order against the individual for $3,175.16 associated with the costs incurred by the landlord to dispose of the asbestos waste. The individual was given a period of six months to fulfil the restitution order.

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