1526806 Ontario Inc. - conviction information for 2016-01-12

Corporation details
Corporation name: 1526806 Ontario Inc.
Address: 391 Victoria Avenue North
City: Hamilton
Province/territory: Ontario
Postal code: L8L 5G7
Country: Canada
Sector or industry: 335 - Electrical equipment, appliance and component manufacturing
Case details
Location of offense: 391 Victoria Avenue North, Hamilton, Ontario
Case summary:

On September 15, 2010 a site inspection was conducted at 1526806 Ontario Inc., 391 Victoria Avenue North Hamilton, Ontario, pursuant to the PCB Regulations. The site inspection determined that a transformer with a PCB concentration greater than 500mg/kg was in use contrary to paragraphs 6(c) and 16(1)(a) of the PCB Regulations. A second PCB transformer with a PCB concentration greater than 500 mg/kg was disconnected from the main power supply lines and had not been sent for destruction to an authorized facility or stored within 30 days after the transformer had ceased to be processed or used on a daily basis contrary to subsection 19(1) of the PCB Regulations. On September 30, 2010 a warning letter was issued to 1526806 Ontario Inc., and Edward Ulrich for alleged violations of paragraphs 6(c), 16(1)(a), subsections, 19(1), 33(1), 39(1) and section 42 of the PCB Regulations. On June 18, 2013 a follow up inspection executed at 1526806 Ontario Inc., at 391 Victoria Avenue, Hamilton, Ontario, confirmed that a transformer with a PCB concentration greater than 500mg/kg continued to be used contrary to paragraphs 6(c) and 16(1)(a) of the PCB Regulations. A second PCB transformer with a concentration greater than 500 mg/kg remained on site and disconnected from the main power supply and had not been sent for destruction to an authorized facility or stored within 30 days after the transformer had ceased to be processed or used on a daily basis contrary to subsection 19(1) of the PCB Regulations. On July 2, 2013 a Notice of Intent to issue an Environmental Protection Compliance Order was issued to 1526806 Ontario Inc. and Mr. Edward Ulrich.

On July 15, 2013 an Environmental Protection Compliance Order was issued to 1526806 Ontario Inc. and Mr. Edward Ulrich for on-going violations of paragraphs 6c, 16(1)(a) and subsection 19(1) of the PCB Regulations. On January 29, 2014 a follow up inspection determined that 1526806 Ontario Inc. and Mr. Edward Ulrich had failed to comply with the Environmental Protection Compliance Order issued on July 15, 2014 contrary to subsection 238(1) of CEPA. Paragraphs 6c and 19(1) of the PCB Regulations continued to be contravened.

On January 29 2014, an investigation was initiated by Environment Canada Enforcement Branch. On March 11, 2014 a search warrant was executed at 1526806 Ontario Inc. located at 391 Victoria Avenue North, Hamilton Ontario. The search warrant authorized the collection of liquid samples of Askarel from each of the electrical transformers located in the electrical room. On March 27, 2014, E.O. Bett obtained the laboratory results for PCB analyses from the samples collected during execution of the search warrant on March 11, 2014.

The laboratory results indicated the following: The electrical transformer identified by serial number NP5060-1 and labeled with Environment Canada label OR24069 was determined to have a PCB concentration of 776,000 mg/kg (Sample # OR001573). The electrical transformer identified by serial number NP5060-2 and labeled with Environment Canada label OR24070 was determined to have a PCB concentration of 739,000 mg/kg (Sample # OR001574). On May 22, 2014 Chargers were filed with the Hamilton Court.

Charges:

Count 1

Between July 15, 2013 and January 11, 2014, both dates inclusive, at or near the City of Hamilton, in the Province of Ontario, 1526806 Ontario Inc. and Edward Ulrich did use equipment containing polychlorinated biphenyls (PCBs) in a concentration of 500 mg/kg or more, contrary to paragraph 6(c) of the PCB Regulations, thereby committing an offence under subsection 272(1) of the Canadian Environmental Protection Act, 1999.

Count 2

Between July 15, 2013 and January 11, 2014, both dates inclusive, at or near the City of Hamilton, in the Province of Ontario, 1526806 Ontario Inc. and Edward Ulrich, each being a person who owned, controlled or possessed polychlorinated biphenyls (PCBs) or products containing PCBs, did fail, within 30 days after the PCBs or products containing PCBs ceased to be used daily, to send them for destruction to an authorized facility or store them at a PCB storage site, contrary to subsection 19(1) of the PCB Regulations, thereby committing an offence under subsection 272.1(1) of the Canadian Environmental Protection Act, 1999.

Count 3

Between July 15, 2013 and January 11, 2014 both dates inclusive, at or near the City of Hamilton, in the Province of Ontario, 1526806 Ontario Inc. and Edward Ulrich, each being a person to whom an Environmental Protection Compliance Order was issued, did fail to comply with the Order contrary to subsection 238(1) of the Canadian Environmental Protection Act, 1999, thereby committing an offence under subsection 272(1) of the said Act.

Enforcement notification: Hamilton-based warehouse faces stiff penalty for PCB regulations offences
Conviction
Result: Guilty (Court Decision)
Date of conviction: 2016-01-12
Court level: Provincial and Territorial Superior Court
Nature of offense(s):
  • Failure to comply with an EPCO,
  • Use of a substance without a permit
Additional details about the nature of the offense: Not available
Legislative details
Act Regulations Section(s)
Canadian Environmental Protection Act, 1999 (CEPA) PCB Regulations Para 6c, subsection 19(1), CEPA 238(1)
Sentencing
Date of sentencing: 2016-07-27
Location of sentencing: Hamilton
Sentence(s):
  • Fine
Amount of fine(s): $70,000
Sentencing details:

On July 27, 2016, at the Provincial & Territorial Superior Court (John Sopinka) in Hamilton, Ontario, 1526806 Ontario Inc. was ordered to pay a fine of $70,000 in exchange for all charges being transferred from the individual owner to the numbered company and the fine payment being made on the day of sentencing.

Count 1: $ 30,000

Count 2: $10,000

Count 3: $30,000
All funds were to be directed to the Environmental Damages Fund

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