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A waste transportation company was recently acquitted of operating a waste vehicle that wasn’t leak proof, under Section 16(1) 3. of Regulation 347 under the Environmental Protection Act.

A truck carrying a rolloff transporting solid waste, soil contaminated with fuel, was stopped after a heavy rain.  A small amount of water was observed dripping from the rear of the rolloff.  The water had no sheen or other evidence of having mixed with the waste, which was encased in a heavy plastic liner.  Instead, there was evidence that the water could be dripping from a hollow tubing framework on the outside of the rolloff.  While the door seal retainer plate had lost a fastener, causing the plate to sag, this would not cause a leak during transportation, as the plate had no function while the door was closed.  The company was acquitted.  Ottawa Ontario Court of Justice, December 2, 2011

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