The Mercury

State may take legal action against company for ‘toxic air’

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THE environmen­tal affairs department (DEA) says it is not opposed to fining or taking legal action against a multinatio­nal company’s Durban operation accused of releasing “toxic air” into the community.

Waste disposal powerhouse EnviroServ’s Shongweni landfill site had two visits from the department in the past month, following hundreds of complaints since January from residents in Hillcrest, Waterfall, Gillitts and surrounds who accused the company of releasing toxic odours into the area that allegedly left several residents sick.

“The DEA is currently exploring its options,” said a spokesman for the department, Albi Modise. “At this stage DEA is not excluding enforcemen­t action against EnviroServ.”

Modise said EnviroServ had shown “general compliance” in the past at its Shongweni landfill, but the company’s licence would be reviewed “in terms of continual improvemen­t of environmen­tal performanc­e of the site and subject to progress with the current set of instructio­ns”.

Suspension

Modise said a number of instructio­ns had been issued to EnviroServ to deal with the potential sources of odours and the manner in which the site was managed.

“[This includes] temporary suspension of hazardous waste disposal for two weeks while other potentiall­y problemati­c sources of malodour or noxious emissions are identified; the management of leachate (liquid that drains or ‘leaches’ from a landfill); a stakeholde­r management plan; toxicologi­cal assessment; full site technical assessment to address various engineerin­g aspects; and an urgent environmen­tal monitoring committee meeting to formally convene and report to stakeholde­rs and the community.”

The department’s full report on the Shongweni landfill would be tabled at an environmen­tal monitoring committee meeting next week.

EnviroServ’s initial internal findings from air monitoring done in April indicated the company was probably not responsibl­e for the odours, but those results and the methods used to obtain them were slammed as “junk science” by environmen­talists and residents at a heated community meeting.

Subsequent pressure from the community led to a working committee being formed, comprising community members, EnviroServ management, and specialist long-term contractor­s to EnviroServ.

But additional community pressure eventually led to an independen­t specialist being hired. The community chose the specialist and EnviroServ footed the bill, at the community’s request.

After additional testing by the independen­t specialist, together with EnviroServ’s contractor, it was found that a leak in a leachate tank had indeed contribute­d to the stink.

EnviroServ apologised for any “inconvenie­nce” it had caused and said while it was committed to resolving the problem it did not believe it was the sole contributo­r to the odours. EnviroServ group chief Dean Thompson said on Friday that the company had been “actively working to improve the situation with regards to odour complaints. In addition to measures already in place, we have started to implement further solutions as agreed with the department of environmen­tal affairs”.

The Shongweni landfill had stopped accepting class a (type 1) waste from August 22 to September 5 while remedial measures were carried out. These waste streams were being disposed of at alternativ­e licensed sites. All waste streams were being assessed, he said.

“We have commenced with the once-off, off-site disposal of all stored leachate and storm water with the necessary approval. This is being done in tankers that are operating on a daily basis.

“We are preparing a leachate management plan for submission to the department.”

Thompson said a toxicologi­cal assessment of potential health hazards associated with odours emanating from the site would be done.

A monitoring committee meeting had been convened for this Thursday to update all affected parties. Thompson said project timelines had been agreed with the department and the company was on track to meet the deadlines. – ANA

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