CHARLOTTETOWN, Prince Edward Island, January 22, 2007 –
Master Cleaners (1988) Ltd., represented by owner Robert
MacLauchlan, of Charlottetown, Prince Edward Island, appeared
in Provincial Court on January 18, 2007 to plead guilty
to two alleged violations of the Tetrachloroethylene (Use
in Dry Cleaning and Reporting Requirements) Regulations.
On November 15, 2006 Environment Canada charged Robert
MacLauchlan and his company, Master Cleaners Ltd., for violating
sections 4 and 8(1) of the Tetrachloroethylene (Use in Dry
Cleaning and Reporting Requirements) Regulations.
During an inspection in February 2006, an Environment Canada
Enforcement Officer observed that Master Cleaners Ltd. failed
to adequately store tetrachloroethylene residue. Additionally,
Master Cleaners Ltd. did not have adequate wastewater treatment,
thereby potentially allowing untreated tetrachloroethylene
wastewater to be released down the drain.
The Court imposed a penalty on Master Cleaners Ltd. consisting
of a $1,000 fine payable to the Courts, and a $3,000 fine
payable to the Environmental Damages Fund, administered
by Environment Canada. In addition to the fines, Master
Cleaners Ltd. is required to develop and implement a set
of written procedures in order to ensure that the company
does not repeat the offence. The charges against Robert
MacLauchlan were stayed by the Crown.
The penalties imposed by the Court on Master Cleaners Ltd.
recognized that creative sentencing provides deterrence
and allows funds to be directed back towards the community,
where it can have a positive impact on the protection of
the environment.
The Tetrachloroethylene (Use in Dry Cleaning and Reporting
Requirements) Regulations control the operation of dry cleaning
machines that use tetrachloroethylene. The Regulations,
registered in February 2003, were put in place to reduce
releases of tetrachloroethylene to the environment by requiring
newer, more efficient dry-cleaning machines, by minimizing
spills of tetrachloroethylene, and by managing the collection
and disposal of residues and waste water. The Regulations
also impose reporting requirements on the import, recycling,
sale and use of tetrachloroethylene.
The Environmental Damages Fund was created in 1995 to provide
courts and companies with an option to direct that monetary
penalties and settlements be invested for the repair of
the actual harm done to the environment. It helps ensure
the "polluter pays" principle is applied and that
polluters take responsibility for their actions. The money
in the Fund is allocated to local organizations, who often
find various partners to contribute additional money and
other resources to magnify the benefits of projects undertaken
with the funds.
Environment Canada enforcement personnel investigate potential
pollution offences under the Canadian Environmental Protection
Act, 1999 and Canada's Fisheries Act. They help ensure that
companies, government employees and the general public comply
with legislation and regulations that protect Canada's environment.
Kevin Buerfeind