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Tonda Construction Limited was fined $25,000 and Nethercott Excavating Limited was fined $8,000, because an unlicenced hauler took old barrels and contaminated soils for (otherwise) lawful disposal. 

Tonda Construction Limited (TCL) is a construction company located in London, Ontario. In 2008, employees of the company were conducting a cleanup of the property and discovered a number of old barrels that had been hidden from view. The barrels were moved next to a fence adjacent to private property, until disposal arrangements could be made. One of the barrels released a quantity of hydrocarbon-based petroleum which contaminated the surrounding soil and affected a number of cedars. On December 29, 2008, a neighbour situated west of the TCL site observed a spill of an oily substance onto his property’s backyard and lodged a complaint with the ministry. On December 30, 2008, an investigator attended the scene, observed the spill and obtained a statement from the complainant.

In April 2009, TCL arranged for and permitted Nethercott Excavating Limited to conduct the excavation and site clean-up, as well as remove and transport dump-truck loads of contaminated soil to Curran Recycling in Sarnia. Nethercott Excavating did not have a valid Certificate of Approval to handle and transport such waste.

Tonda Construction Limited pleaded guilty to one violation under the Environmental Protection Act for permitting or arranging for the transportation or disposal of waste that was not part of an approved waste management system for which a Certificate of Approval had been issued. On June 21, 2010, Nethercott Excavating Limited had pleaded guilty to one violation under the Environmental Protection Act for operating a waste management system without a Certificate of Approval.

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