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Corporate Director fined $12,500 for Failing to comply with a Certificate of Approval

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Corporate Director fined $12,500 for Failing to comply with a Certificate of Approval

Convicted - Harvey Ambrose

Location - Welland

Description of Offence -  The conviction relates to failing to comply with the terms and conditions of a Provisional Certificate of Approval (C of A).

Date of Offence - during the period beginning on or about April 15, 2015 and ending on or about August 11, 2015

Date of Conviction - October 16, 2017

Penalty Imposed - Harvey Ambrose was convicted of one offence under the Environmental Protection Act (EPA), was fined $12,500 plus a victim fine surcharge of $3,125 and was given one year to pay the fine.

Background -  

  • Harvey Robert Ambrose is listed as the sole director for the company Power Grow Systems Inc., located on Garner Road in Niagara Falls.
  • The site is governed by a Provisional Certificate of Approval (C of A), which set out conditions for use of the site, including limits to the amount of wood waste that can be on site to a maximum of 1,000 tonnes at any time.
  • On April 15, 2015 ministry staff executed a routine inspection and estimated that the wood waste was in excess of the tonnage limits. Further information was subsequently provided to the ministry by Power Grow employees which indicated that the amount of wood waste was well in excess of the 1,000 tonne limit in the C of A.
  • On August 11, 2015, ministry staff returned to the site and learned that there was 4,230 tonnes of wood waste on site, that had accumulated starting on April 8, 2015 and ending on May 26, 2015.
  • Subsequently, the matter was referred to the Ministry's Investigation and Enforcement Branch. Following an investigation, the defendant was charged.

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Environment and Energy