COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

CANADA

Canada - Environmental Protection, Liability of Company Offcials

R v. VARNICOLOR CHEMICAL LIMITED TRI UNION CHEMICAL OF ELMIRA AND SEVERIN ARGENTON, Director/Owner and Officers

(1992) 9 C.E.L.R. (N.S.) 177 ONTARIO PROVINCIAL COURT

The accused Companies, its director/owner and its officers in Ontario were charged for an alleged breach under the Environrnental Protection Act for unlawfully discharging hazardous waste into the Environment. The company was given a permit to recycle waste paint manufacturing solvents. Liquid waste described as waste derived fuel was rejected by the waste disposal facility in Michigan because it contained unacceptable levels of PCB's. At the time of the Ministry's audit the total inventory of the site was 3.3 times the legal capacity of the site. Further, the tank farms filled with hazardous liquid waste had insufficient containment facilities in the event of a spill. The test showed that ground water both on and off the site were greatly in excess of drinking water guidelines for various chemicals which are acutely and chronically toxic to humans, animals and fish. Some of the chemicals detected could cause injury to the nervous system. The hydrogeological report concluded that the contaminants detected will migrate with the ground water and may eventually discharge into creeks and hence to rivers from which water is taken by municipalities in the region for supplying to residents. Moreover, due to improper storage of liquid and hazardous wastes, fire safety violations had also been discovered.

Decision

The company was not fined as it went out of business. However, the owner was fined and sentenced to eight months imprisonment. The officer was fined Can$ 15,000 for clean up of the site.