Chatham Cleaners Limited - conviction information for 2015-07-31

Corporation details
Corporation name: Chatham Cleaners Limited
Address: 202 Grand Avenue West
City: Chatham
Province/territory: Ontario
Postal code: N7L 1C1
Country: Canada
Sector or industry: 812 - Personal and laundry services
Case details
Location of offense: 202 Grand Avenue West, Chatham, Ontario
Case summary: Chatham Cleaners Limited is located in Chatham, Ontario and is in the business of dry cleaning clothes. In October 2012, officers conducted a re-inspection of the facility to verify compliance of a previous written warning letter issued in September 2009, for violations of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations, specifically subparagraph 5(f)(ii), section 8, subsection 9(1), paragraph 14(a), paragraph 14(b), and section 16. The inspection revealed on-going violations relating to not shipping waste water (p.8(1)(a)) or treating waste water on site (p.8(1)(b)), and not shipping residue (p. 9(1)). After reviewing the information obtained, the officers issued an Environmental Protection Compliance Order and later initiated an investigation.  During the investigation, evidence obtained through interviewing the suspect, interviewing the solvent seller and waste services provider, and documents obtained through a production order of the solvent seller and waste services provider formulated enough grounds to lay charges against Chatham Cleaners Limited. There was enough evidence to determine they had not shipped or treated waste water or shipped residue for three consecutive 12 month periods. 
Charges:

14 Counts:

Count 1. Section 238 of Canadian Environmental Protection Act, 1999 (CEPA), an offence under paragraph 272(1)(a) of that Act.
Count 2. Subsection 9(1) of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations
Count 3. Subsection 9(1) of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations
Count 4. Subsection 9(1) of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations
Count 5. Paragraph 8(1)(a) of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations
Count 6. Paragraph 8(1)(a) of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations
Count 7. Paragraph 8(1)(a) of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations
Count 8. Section 238 of CEPA 1999, an offence under paragraph 272(1)(a) of that Act.
Count 9. Subsection 9(1) of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations
Count 10. Subsection 9(1) of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations
Count 11. Subsection 9(1) of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations
Count 12. Paragraph 8(1)(a) of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations
Count 13. Paragraph 8(1)(a) of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations
Count 14. Paragraph 8(1)(a) of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations

Enforcement notification:
Conviction
Result: Guilty Plea
Date of conviction: 2015-07-31
Court level: Provincial and Territorial Court
Nature of offense(s):
  • Other
Additional details about the nature of the offense: Have waste water and residue transported to a waste management facility no less than once every 12 months.
Legislative details
Act Regulations Section(s)
Canadian Environmental Protection Act, 1999 (CEPA) Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations 8.1a), 9.1
Sentencing
Date of sentencing: 2015-07-31
Location of sentencing: Chatham, ON
Sentence(s):
  • Penalty for the EDF
Amount of fine(s): $5,000
Sentencing details:
On July 31, 2015, before the Provincial Court of Justice at Chatham Ontario, the corporation Chatham Cleaners Limited pleaded guilty to one rolled up count of: between the dates of December 12, 2009 and December 11, 2012, (both dates inclusive) did fail to have all residue and waste water transported to a waste management facility no less than once every 12 months as required by paragraph 8 (1)(a), and subsection 9(1) of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations contrary to Section 272.1(1)(f) of the Canadian Environmental Protection Act, 1999 and was sentenced to pay a fine in the amount of $5,000. 

Aggravating Factors were not considered. 

The following Mitigating Factor was considered:
     - The offence predated the requirement for mandatory victim surcharge.
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