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On June 21, 2017, SNC-Lavalin Constructors (Pacific) Inc., Dragodos Canada Inc., and EllisDon Corporation pled guilty and were fined for: generating liquid industrial waste, permitting the waste to leave their control with a non-approved waste transportation contractor, and, failing to complete the required waste manifest. In addition to the finding of guilt of the corporate entities, an individual, who provided the disposal site, pled guilty and was fined for arranging or permitting the disposal of waste on land that is not a waste disposal site. All of these activities are contrary to the Environmental Protection Act (“EPA”).

The companies were each fined $30,000 plus the victim fine surcharge and the individual $5,000 plus the victim fine surcharge.

The companies involved were contracted to work on Ottawa’s Confederation Line light rail transit project. Part of the construction activities included the tunneling of approximately 2.5 kilometers. Tunneling activities result in a watery slurry that is considered a liquid industrial waste and must be disposed of in accordance with the provisions of the EPA.

The contractor hired by the companies to dispose of the slurry waste failed to obtain an Environmental Compliance Approval (“ECA”) for the transportation or disposal of the slurry. The contractor removed approximately 13 loads of slurry which was then disposed of at an aggregate extraction pit that was not approved as a waste disposal site. The aggregate pit was, however, licensed under the Aggregate Resources Act for aggregate extraction.

The generator of the waste also failed to complete the required waste manifests for the thirteen shipments of liquid waste. The investigation of the improper disposal of the waste at the aggregate pit was prompted by an anonymous call to the Ministry of the Environment and Climate Change in 2015. The materials disposed of in the aggregate pit were remediated and properly disposed of in accordance with the provisions of the EPA.

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