Construction Companies fined $70,000 for Discharging Asphalt Particulate and Causing an Adverse Effect
Toronto - Gazzola Paving Limited and Robert E. Young Construction Ltd. pleaded guilty to one offence each and were fined $20,000 and $50,000 respectively for discharging asphalt dust into the natural environment and causing an adverse effect, contrary to the Environmental Protection Act (EPA).
As part of the resolution, Robert E. Young Construction Ltd. agreed to pay $300 in restitution to each of 38 vehicle owners who were impacted by the discharge, to compensate the owners for the costs incurred to have their vehicles professionally cleaned.
Robert E. Young Construction Ltd. (Young Construction) operates mobile crushers, and crushes rock, gravel, concrete, reclaimed concrete and reclaimed asphalt, under ministry approval.
Gazzola Paving Limited (Gazzola Paving) produces hot-mix asphalt for use on roads, airports and commercial properties, under ministry approval.
In late April 2015, Gazzola Paving retained Young Construction to crush a stockpile of reclaimed asphalt at a Gazzola Paving property with its mobile crusher equipment.
On April 29, 2015, the operation of the crusher caused the emission of asphalt dust, which coated
38 vehicles owned by employees of a neighbouring business. The material adhered to the paint and did not come off in a car wash.
Subsequently, the matter was referred to the Ministry's Investigations and Enforcement Branch. Following an investigation, the defendants were charged and convicted in court.
On June 15, 2017, Gazzola Paving Limited and Robert E. Young Construction Ltd. were convicted of one offence each. Gazzola Paving was fined $20,000 plus a victim fine surcharge of $5,000 and was given 120 days to pay. Young Construction Ltd was fined $50,000 plus a victim fine surcharge of $12,500 and was given one year to pay.