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Alberta Provincial Court Decision Tetrachloroethylene Regulations

On February 23, 2016, Mr. Ali Khair-Eldin, owner of First Class Cleaners and Todd Cleaners, both dry-cleaning facilities operating in Edmonton, Alberta, entered guilty pleas in Alberta Provincial Court to 5 counts under the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (Regulations). The facts admitted were that Environment Canada discovered numerous offences relating to the improper use and handling of tetrachloroethylene waste which included open containers, lack of secondary containment and a failure to ship all of its waste within the calendar year as required by the Regulations. Mr. Eldin was the 100% shareholder and director of both corporations, and he was involved in the day-to-day operations. Mr. Eldin received a sentence of 4 months imprisonment to be served conditionally.

The first 75 days of the sentence will be a period of house arrest and for the remainder of the sentence, Mr. Eldin will be subject to a curfew. Mr. Eldin will also be required to perform 60 hours of community service as a part of the sentence.

The Regulations have been in effect since 2003 and compliance materials have been sent to all dry-cleaning facilities. Tetrachloroethylene is a water and air contaminant that is harmful to both the environment and to people. The purpose of the Regulations is to reduce releases of the tetrachloroethylene into the environment. Environment Canada is responsible for enforcing the Regulations and routinely inspects dry-cleaning facilities to ensure the facilities are in compliance. Non-compliance may result in a prosecution.

This is the first term of imprisonment imposed for offences under these Regulations.


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