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Construction Companies and an Individual fined $95,000 for Waste Disposal Violations

Archived Court Bulletin

Construction Companies and an Individual fined $95,000 for Waste Disposal Violations

Ottawa - SNC-Lavalin Constructors (Pacific) Inc., Dragados Canada Inc., and EllisDon Corporation pleaded guilty to one offence each and were each fined $30,000 for being a generator of liquid industrial waste, permitting the waste to leave its control by a non-approved waste transportation contractor, and failing to complete a waste manifest, contrary to the Environmental Protection Act (EPA).

Richard Ernest Rump pleaded guilty to one offence and was fined $5,000 for arranging or permitting the deposit of the waste upon land that is not a waste disposal site, contrary to the EPA.

Through a joint venture called OLRT Constructors (OLRT), SNC-Lavalin Constructors (Pacific) Inc., Dragados Canada Inc., and EllisDon Corporation were contracted to build Ottawa's Confederation Line light rail transit project.  Construction of the line began in 2013 and required approximately 2.5 kilometres of tunneling.

The tunneling operation involves cutting rock using machines lubricated by water and produces a watery slurry waste.  The slurry is classified as a liquid industrial waste, which must be removed and disposed of in accordance with regulatory requirements. 

In early January 2015, OLRT hired a contractor to dispose of the slurry waste.  The contractor did not hold an ECA to haul the waste as required.

The contractor hauled 13 loads of the slurry from March 4, 2015 to March 12, 2015 and disposed all at a dugout area at a property on Howie Rd., in Ottawa. The site was licensed under the Aggregate Resources Act for aggregate extraction but was not an approved waste disposal site.

The OLRT was the generator of the waste, and did not complete waste manifests for the thirteen shipments.

At the time of the violations the aggregate pit was leased to Richard Earnest Rump who had contracted with the haulage company to allow the waste to be deposited at the pit despite the fact that the pit was not an approved waste disposal site.

The illegal disposal of liquid industrial waste at the pit was discovered as a result of an anonymous call to the ministry on March 12, 2015. 

Shipments of the slurry to the pit were immediately terminated by OLRT and OLRT Constructors conducted a cleanup of the material that had been disposed of at the pit and arranged for proper disposal of the slurry in compliance with the EPA.

Subsequently, the matter was referred to the ministry's Investigations and Enforcement Branch. Following an investigation, the defendants were charged.

On June 21, 2017, SNC-Lavalin Constructors (Pacific) Inc., Dragados Canada Inc., and EllisDon Corporation were convicted of one offence each. Each of the companies were fined $30,000 plus a victim fine surcharge of $7,500 and were given 90 days to pay. Richard Ernest Rump was convicted and was fined $5,000 plus a victim fine surcharge of $1,250 and was given one year to pay.

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