Feature Article October 14, 2004
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Micro business closed down by MoE Approval processby Jeff Green
Steve Dunham of Ompah started up a small business this past spring, delivering garbage and recycling to the Ompah dump for a fee of $17 a month. Although the business was a modest success, having eight residential and one business client, the Palmerston Motel & Restaurant, it was closed down at the end of September because of a requirement of the Ontario Ministry for the Environment.
The existence of the business was no secret to the township of North Frontenac. In fact, Steve Dunham was invited to a meeting of the townships Waste Management Committee this past spring to discuss the application of the new bag tag system within the township.
Dave Smith, township Councillor, Waste Management Committee member and, until the business closed down, a satisfied customer of Steve Dunhams, said that Dunham had developed a delivery service that worked out perfectly. When Dunhams business came to the attention of Christine Brown, an Environmental Officer with the Kingston office of the MoE, she contacted Dunham during the summer and told him he must register the business with the MoE and seek a certificate of approval. In a letter to Dunham dated August 9, Brown wrote, During May, 2004, the Ministry was informed that you were operating a waste hauling business without obtaining a waste management certificate of approval.
This contravenes Section 27 of the Environmental Protection Act, according to Brown, which reads Certificates of approval 27. 1. No person shall use, operate, establish, alter, enlarge or extend, (a) a waste management system; or (b) a waste disposal site, unless a certificate of approval or provisional certificate of approval therefor has been issued by the Director and except in accordance with any conditions set out in such certificate.
In her letter, Brown demonstrated an awareness of the size of the business, writing that, It was indicated that you initiated the waste hauling business three to four months ago and that you haul waste from six cottages and from a restaurant in the Ompah area.
When contacted earlier this week and asked how big an operation had to be to fall under the category of waste management system Brown said under Section 5 of the Environmental Protection Act, any equipment used in hauling waste is a waste management system and is subject to the Act.
Brown also said that the MoE takes a reactive approach to these matters. They do not proactively seek out private businesses that haul garbage for individual customers We regulate complaints on a reactive basis, she said
Asked whether there was any allegation that the Dunham operation had caused any environmental damage, Christine Brown would only say that, our office was informed that there was a business that was not in compliance with the Environmental Protection Act.
Steve Dunham was off moose hunting earlier this week, but his wife Jen told the News that they had looked at the possibility of obtaining a certificate of approval, but that the process was anything but simple.
It wasnt just a matter of filling out a form. The application came with a thick manual and it was impossible for us to even determine what the certificate would cost us; they can cost up to $60,000.
In the end, the Dunhams determined that it would cost $500 for the certificate, and a further $200 for the Ministry of the Environment to fill out the form. We dont have all the information we would need to fill it out, Jen Dunham said, and our business is too small to justify spending $700 at this point.
After speaking once again with Steve Dunham on September 16, and finding out that he did not intend to seek the certificate, Christine Brown wrote back to Steve Dunham. Her letter says, in part, You have indicated that you will continue to haul waste without applying for a certificate of approval, which is in direct violation of our legislation. Please note that failure to comply with Ministry of the Environments legislation is considered an offence and is subject to the penalties prescribed under legislation. In addition, be advised that this incident has been referred to the Ministrys Investigations and Enforcement Branch for their review and consideration."
According to Jen Dunham, Steve was surprised by the tone of the letter because he had told Christine Brown he would end the business, but would continue to haul Alice Daveys garbage for free. Jen Dunham presumes that it is this free hauling that Christine Brown is referring to in her letter.
Alice Davey is the owner of the Palmerston Restaurant & Motel. She is 81 years old and no longer drives. Until earlier this year, her employees had taken the garbage to the dump in a car she owned (the car was old and has now been taken off the road). Alice Davey phoned Christine Brown about three weeks ago, and recalled this week that Christine Brown told her she must bring her garbage to the dump herself.
She said even an employee or a relative of mine can not bring it for me. When I asked her if I was expected to carry the garbage myself the two miles to the dump she said Thats not my problem.
Christine Brown did not comment to the News directly concerning what Alice Davey quoted her as saying, but she did say said that if someone wants to take garbage to the dump for another person as a goodwill gesture, the Ministry has no problem with that.
When asked directly what she had told Alice Davey over the phone, Christine Brown said she had informed her that she is required to dispose of her waste properly. Asked directly if Steve Dunham could, now that his business is shut down, take Alice Daveys garbage to the dump, Christine Brown reiterated, If its a person thats just doing a good will gesture, the Ministry has no problem with it.
