Tonda Construction Limited was fined $25,000 and Nethercott
Excavating Limited was fined $8,000, because an unlicenced hauler
took old barrels and contaminated soils for (otherwise) lawful
Tonda Construction Limited (TCL) is a construction company
located in London, Ontario. In 2008, employees of the company were
conducting a cleanup of the property and discovered a number of old
barrels that had been hidden from view. The barrels were moved next
to a fence adjacent to private property, until disposal
arrangements could be made. One of the barrels released a quantity
of hydrocarbon-based petroleum which contaminated the surrounding
soil and affected a number of cedars. On December 29, 2008, a
neighbour situated west of the TCL site observed a spill of an oily
substance onto his property's backyard and lodged a complaint
with the ministry. On December 30, 2008, an investigator attended
the scene, observed the spill and obtained a statement from the
In April 2009, TCL arranged for and permitted Nethercott
Excavating Limited to conduct the excavation and site clean-up, as
well as remove and transport dump-truck loads of contaminated soil
to Curran Recycling in Sarnia. Nethercott Excavating did not have a
valid Certificate of Approval to handle and transport such
Tonda Construction Limited pleaded guilty to one violation under
the Environmental Protection Act for permitting or
arranging for the transportation or disposal of waste that was not
part of an approved waste management system for which a Certificate
of Approval had been issued. On June 21, 2010, Nethercott
Excavating Limited had pleaded guilty to one violation under the
Environmental Protection Act for operating a waste
management system without a Certificate of Approval.
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