Enviro-Serv Recycling Services Inc, Prairie Distributors Inc. & Nas Hassanali Plead Guilty

Calgary AB (2/26/2010) Enviro Serv

Count 8 - On about the 13th day of December , 2006 , at or near Crossfield, Alberta did consign hazardous waste without the waste being accompanied with a manifest that is completed in accordance with the regulations, contrary to section 191(a) of the Environmental Protection and Enhancement Act and did thereby commit an offence contrary to section 227(j) of the Environmental Protection and Enhancement Act.

Prairie Distributors

Count 4 - Between the 2nd day of October, 2006 and the 24th day of November, 2007, both dates inclusive, at or near Crossfield, Alberta did fail to store hazardous waste in an amount and in a manner so that at least secondary containment is provided for liquid hazardous waste, and there are no openings in the secondary containment system that provide a direct connection to the area surrounding the system, contrary to s. 11(1)(c) of the Waste Control Regulation and did thereby commit an offence contrary to section 42 of the Waste Control Regulation.

Count 11 - Between the 2nd day of October, 2006 and the 31st day of December, 2006, both dates inclusive, at or near Crossfield, Alberta did knowingly import hazardous waste into Alberta for the purpose of disposal, contrary to s. 15(2) of the Waste Control Regulation and did thereby commit an offence contrary to section 42 of the Waste Control Regulation.

Count 14 - Between the 2nd day of October, 2007 and the 16th day of September, 2008, both dates inclusive, at or near Crossfield, Alberta did knowingly commence or continue an activity that is designated by the regulations as requiring an approval, to wit, Schedule 1(f) of the Activities Designation Regulation which provides as follows:

the construction, operation or reclamation of a facility that is engaged in the storage of hazardous waste that is generated by a person other than the person responsible for the facility within the meaning of the Waste Control Regulation (AR 192/96) where

ii) more than 10 tonnes of hazardous waste are stored at the facility at any one time

without being the holder of the required approval contrary to section 60 of the Environmental Protection and Enhancement Act. and did thereby commit an offence contrary to section 227(j) of the Environmental Protection and Enhancement Act.

Nas Hassanali

Count 4 - Between the 2nd day of October, 2007 and the 15th day of September, 2008 , both dates inclusive, at or near Crossfield, Alberta did commence or continue an activity that is designated by the regulations as requiring an approval to wit:

the construction, operation or reclamation of a facility that is engaged in the storage of hazardous waste that is generated by a person other than the person responsible for the facility within the meaning of the Waste Control Regulation (AR 192/96) where more than 10 tonnes of hazardous waste are stored at the facility at any one time

without an approval contrary to section 61 of the Environmental Protection and Enhancement Act. and did thereby commit an offence contrary to section 227(j) of the Environmental Protection and Enhancement Act.

FINES:

They were fined as follows:

Enviro-Serv: $10,000 plus surcharge

Prairie Distributors: $15000 per count plus surcharge for a total of $45,000 plus surcharge

Nas: $3,000 plus surcharge

All were give a year to pay (End of Feb 2011).

All were also ordered not to handle or store hazardous waste for 3 years (maximum). I was told by defence counsel that they have stopped picking up waste.

The sentence was a joint submission and reflected the financial circumstances of the businesses and it is within the range for this kind of contravention by a small closely held corporation. Defence counsel said it well when he told the judge that Nas was completely over his head by trying to handle hazardous waste.

Contact: Cailee Ellis, 403.297.6636