News Release

For immediate release
September 7, 2007

THREE INDIVIDUALS FINED TOTAL OF $35,000 FOR ILLEGAL DUMPING OF LIQUID WASTE AND ORDERED TO PAY RESTITUTION

HAMILTON – Michael Mierzwa, David Mark Almeida and Ramzey Mahmoud have been fined a total of $35,000 plus victim fine surcharge for violating the Environmental Protection Act.  All three individuals pleaded guilty to illegally transporting and dumping liquid waste that caused or was likely to cause an adverse effect.

On Monday, September 18, 2006, a resident informed the local police of having witnessed two persons, Michael Mierzwa and David Mark Almeida, engaging in dumping activities on land near Highway 97 and Lennon Road in Hamilton.  Ministry of the Environment staff attended the scene where they observed that the soil and vegetation had been contaminated by the spilled waste.

Following an initial investigation, charges were laid by the Ministry of the Environment’s Investigations and Enforcement Branch on September 28, 2006 against Michael Mierzwa and David Mark Almeida.  Following additional investigation and information on the source of the drums, charges were also laid on January 3, 2007 against those two individuals and Ramzey Mahmoud.

The court heard that a total of 16 large drums containing waste oily water and solvent were found at the site, nine of which had been offloaded from the rear of a rented U-Haul truck parked on-site.

Michael Mierzwa, David Mark Almeida and Ramzey Mahmoud each pleaded guilty to one count of acting contrary to section 41 of the Environmental Protection Act relating to the transportation and handling of waste.  The three individuals also pleaded guilty to one count each under section 14(1) of the Environmental Protection Act for discharging a waste that was likely to harm the environment.

Ramzey Mahmoud was fined $15,000, David Mark Almeida was fined $12,000 and Michael Mierzwa was fined $8,000.  All three fine amounts are exclusive of the victim fine surcharge.  In addition to the fines, the court also imposed restitution orders requiring the individuals to pay the City of Hamilton a total of $11,763.62 for costs incurred in removing and disposing of the excess waste and contaminated soil.  The three individuals were given one year to pay the fines.

Justice of the Peace Norma General-Lickers sentenced the defendants on August 22, 2007 in the Ontario Court of Justice in Hamilton.

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Contact information for media:
John Steele Ministry of the Environment 416-314-6666
Contact information for the general public:
416-325-4000 or 1-800-565-4923/ www.ene.gov.on.ca

 

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