The appellants appealed a Municipal Cost Recovery Order (MCRO) issued by the City of St. Catharines for $4,155,116.21 relating to the cleanup of a spill following an explosion and fire at a hazardous waste facility.
The appellants argued the MCRO included costs unrelated to the spill, was unreasonable, and that the individual directors were not in control of the pollutants.
The Tribunal found that under s. 100.1(15) of the Environmental Protection Act, its jurisdiction was limited to considering ownership/control and the relation/reasonableness of costs.
The Tribunal held the individual directors had charge, management, and control of the pollutants.
However, the Tribunal deducted $116,628.57 for costs unrelated to preventing adverse effects (legal fees, insurance adjuster, unsupported expenses) and $350,778.55 for unreasonable on-site project labour costs incurred while supporting the Office of the Fire Marshal's investigation.
The appeal was allowed in part, revising the MCRO amount to $3,687,709.09.
