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Inverary Resident Jailed for Failing to Comply with Tire Removal Court Order

Archived Court Bulletin

Inverary Resident Jailed for Failing to Comply with Tire Removal Court Order

Belleville - Ian M. Herd of Inverary, Ontario was today sentenced to 16 days jail after pleading guilty for failing to comply with a Court Order to remove tires from private property, contrary to the Environmental Protection Act.

Ian M. Herd made arrangements with the owner of a property located at Lot 1, North Range, Concession 1, Tyendinaga Township, in the County of Hastings, also known as 441 A&B Craig Road, R.R. #6 in Belleville, to temporarily deposit tires on part of the site. This property is not approved as a waste disposal site.

On March 16, 2004, Mr. Herd was found guilty and fined $13,000 at an ex parte trial in Belleville Court for establishing a waste disposal site for tires without ministry approval. The fine is still outstanding.

Later that month on March 29, 2004, a Court Order under Section 190 of the Environmental Protection Act was issued requiring Mr. Herd to remove all tires from the site within 30 days upon receipt of the Order. The Order was not served until August 31, 2006 as the defendant could not be located. On October 2, 2006, an inspection of the property by officers of the ministry's Belleville office revealed that the tires had not been removed as ordered.

On September 9, 2008, Mr. Herd was sentenced to 60 days in jail, when he pleaded guilty to a further charge of failing to comply with the Section 190 Court Order. On the same day, Mr. Herd was issued a new Section 190 Court Order requiring the removal of all tires from the Craig Road site within 180 days.

On February 25, 2009, a Provincial Officer with the ministry's Investigations & Enforcement Branch, attended the Craig Road site and determined that no work as per the order had commenced at that time. The officer attended the site again on April 6, 2009 a month after the expiry date of the second Section 190 Court Order for the tire removal and found that the tires were still on the site.

On May 18, 2012, approximately 4,886 tires were removed from the property by Liberty Tire under a special tire collection program that involved the owners of the property and paid for by the Ontario Tire Stewardship Program.

At no point in time did Mr. Herd comply with the Court Order.

This matter has now concluded following delays as Mr Herd was on the run for four years after the six-month jail term was imposed. On August 15, 2008 Mr. Herd was convicted in St. Catharines on two Counts of violating the terms of a Provincial Officer's order. On March 20, 2009 he was sentenced in absentia to 6 months in jail. A warrant was subsequently issued for his arrest.

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