Court orders contaminated property cleanup

Published Wednesday April 30th, 2008
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William Burgoyne of Plaster Rock was ordered by Grand Falls provincial court judge Jacques Desjardins on April 22 to clean up his contaminated property by the end of August.

Burgoyne, a trucker, was represented by his brother, Jody, who entered a guilty plea on his behalf to a charge of failing to comply, between Oct. 11, 2006 and Dec. 11, 2007, with an order issued on Sept. 7, 2006 by the New Brunswick Department of the Environment under the Petroleum Products and Handling Regulation of the Clean Environment Act to excavate and remove contaminated soil at 91 Harrison Street, Plaster Rock within 30 days of the date of reception of the order.

"The Grand Falls office of the Department of the Environment received a complaint on June 2 related to a furnace oil spill from a tank located outside a house trailer," stated Crown prosecutor Charles Couturier. "There was a large spot of dead grass on one side of the house. The spill went under the house trailer and onto the other side. Burgoyne had apparently unhooked the hose due to water in the tank. He had no insurance on the building. An official letter was sent to him on Sept. 6 to clean up the property. Analysis of soil samples confirmed it was furnace oil," he added. "He faces a minimum fine of $500 and a maximum of up to $50,000. With the passage of time, the oil has gone down further into the soil. The cost of the cleanup will now be more expensive than if it had been earlier."

"Due to financial difficulties, it was not feasible for my brother to do the cleanup. Since then, the family has stepped in to help clean up the property," stated Jody Burgoyne.

William Burgoyne was fined $600 to be paid by August 31 or in default of payment, he must serve 15 days in provincial jail. He was also placed on probation for a period of six months during which he must keep the peace, be of good behaviour and excavate and remove the contaminated soil no later than August 31.

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