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Property Owners fined $3,000 for Waste Violations

Archived Court Bulletin

Property Owners fined $3,000 for Waste Violations

Convicted - Iva Kealey and Dwayne Kealey

Location - Perth

Description of Offence - The convictions relate to failing to comply with a Provincial Officer's Order and depositing waste on land that did not have an Environmental Compliance Approval.

Date of Offence - September 29, 2015

Date of Conviction - September 19, 2017

Penalty Imposed - Iva Kealey and Dwayne Kealey were convicted of one offence each, under the Environmental Protection Act. Iva Kealey was fined $2,000 plus a victim fine surcharge (VFS) of $500, and Dwayne Kealey was fined $1,000 plus a $250 VFS. Both defendants were given six months to pay.

Background -

  • On May 28, 2015, Iva Kealey purchased a property located on Pinery Road, Smith Falls which comprises about 480 acres.
  • On September 29, 2015, ministry staff received an anonymous call advising that shingles and construction waste was being deposited at the site.
  • Ministry staff inspected the site and validated that construction and demolition waste had been deposited on the site.
  • On October 13, 2015, ministry staff served a ministry order on Iva Kealey, ordering the removal of all construction and demolition waste from the site no later than October 30, 2015. Iva Kealey later provided a statement and confirmed that she was the owner of the site, that she had received the ministry order, and that  her son Dwayne Kealey had deposited the waste.
  • Dwayne Kealey later later provided a statement confirming that he had deposited the waste generated by his construction activity, and that he was trying to clean up the site.
  • Subsequently, the matter was referred to the ministry's Investigations and Enforcement Branch. Following an investigation, the defendants were charged and convicted.

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