Waste Management Company and Director fined $30,000 for Environmental Protection Act Violations
Convicted - Optimum Environmental Corp. and Gennaro Adamo
Court Location - Toronto
Description of Offence - The convictions relate to failing to meet specific ministry approval conditions including those related to operating hours and waste volume requirements, and failing to comply with ministry Orders relating to wood dust discharge. As the company Director, the conviction against Gennaro Adamo relates to failing to prevent the company from contravening the ministry Orders.
Date of Offence - On various dates ranging between March 29, 2017 and June 14, 2018.
Date of Conviction - July 18, 2019
Penalty Imposed - The company was convicted of three violations and the Director was convicted of one violation, under the Environmental Protection Act. The company was fined $25,000 and the Director was fined $5,000 plus a 25% victim fine surcharge. Both defendants were given 60 days to pay the fines.
- Optimum Environmental Corp. operates a waste transfer/processing facility on Ingram Drive in Toronto. The company operates under a ministry approval for waste.
- Gennaro Adamo is a Director of the company.
- On-site, the company receives solid non-hazardous waste material, including institutional, commercial, industrial, construction and demolition waste materials (including used wood, concrete brick and inert fill).
- Under the ministry approval, specific provisions must be followed including operating only during specific hours and ensuring that waste volumes do not exceed 800 tonnes, and under the ministry Orders, the need to take all necessary steps to prevent wood dust from leaving the site.
- Additionally, the Environmental Protection Act requires that a Director take reasonable care to prevent the corporation from contravening an order.
- During 2018, site inspections revealed various issues that contravened the ministry approval or the ministry Orders.
- Despite the issuance of the two ministry Orders and offence tickets, voluntary compliance was ultimately unsuccessful during the relevant time period.
- The ministry's Investigations and Enforcement Branch investigated and laid charges resulting in four convictions.