EFL challenges TEC approval of Sampur Coal power plant despite critical EIA

Environmental organisation petitions SC to stop proposed coal power plant

Twice rejected, critical Environmental Impact Assessment (EIA) report of the Trincomalee Power Co. Ltd. (TPCL), a joint venture between the Ceylon Electricity Board (CEB) and the National Thermal Power Corporation (NTPC) of India, was approved by the Technical Evaluation Committee (TEC) at the third attempt due to political influence, an environmental organisation, Environment Foundation Ltd (EFL), petitioned the Supreme Court, seeking to stop construction of the proposed Sampur Coal Power Plant (SCPP).

Although the TEC report is flawed, despite identifying critical shortcomings highlighted in the EIA and instances of immitigable impact, it has yet allowed the project to move forward, petitioner EFL claimed.

The petitioner's main contention was that the respondents twisted the environment clearance and the project approval to proceed with the SCPP, despite revocation of the Gazette releasing the lands for heavy industry, was contrary to the National Environmental Act.

EFL states it filed the petition to fulfil its constitutional duty as a citizen of Sri Lanka, to protect the environment and its resources for the socio-economic conditions and liveli- hoods of the people in the area, as well as in the public interest and thus ensure the respondents comply with the relevant environmental protection and pollution control laws.

It is alleged there is an “imminent infringement” to its Fundamental Rights (FR) as the respondents continue with the construction of the coal-fired power plant either in Sampur or in any other place in the country, despite such power plants causing extensive irreparable damage to the environment.

The petitioner claims the TPCL's EIA would belittle and misrepresent the environmental impacts of the power plant and requested court to nullify same.

The petitioner further alleged the potential impact of daily withdrawal from Koddyar Bay, an ecologically sensitive and diverse marine environment, of some 2.23 million litres of seawater for the cooling systems, and directly returning same, but highly polluted hot water at 38-41C to Shell Bay, another rich marine zone home to corals, shell fish, reef fish, whales, dolphins and deep ocean fish, are conveniently not considered in the EIA. The amount of water thus used is equivalent to the total water storage of the Randenigala Reservoir.

The EFL claimed the EIA had also not adequately considered the multiple emissions of toxic fumes and dust and its impact on the marine ecosystem and its biodiversity, by spillage during the unloading of coal. Further, the EIA is silent on the annual emission of 170 kg of neuro-toxin mercury and the impact of toxic materials such as heavy metals, which would cause kidney disease.

The EIA is also deficient by excluding other relevant impacting areas of activities such as the coal unloading bay, transmission line and other infrastructure work directly related to the project. The petition also pinpoints the EIA's failure to address the modus operandi for the utilisation and disposing of fly ash and bottom ash, annual output of which is 300,000 tons.

"It is also important to note the total disregard and failure in the EIA to consider less polluting alternatives which are at cost parity or cheaper, such as Liquid Natural Gas (LNG) based power plants and renewable energy," added EFL.

The petitioner further claims that, allegedly based on the TEC report, the second respondent CEA granted its conditional approval which is also invalid in law, as it disregards the EIA's shortcomings and the issues raised within the TEC report.

The petitioner argues that, conditions laid down by the second respondent CEA, would not be sufficient to minimise the environmen- tal damage and other adverse impacts. EFL argued that key mitigating technologies such as closed loop cooling systems, superior acid and dust suppression methodologies, filtering systems for heavy metals, mercury and other pollutants, are not suggested in the proposed system, either by the project proponent or by the CEA in its conditional approval.

EFL contends that the Norochcholai 'Lak Vijaya' coal power plant is a “living example” to showcase the adverse impact on environment and socio economic conditions of the people. Coal is stored in the open. Coal dust and fly ash from burnt coal is carried up to 2km away from May to August, blackening fields, crops, buildings and houses. People afflicted by diseases such as asthma, wheeze, cough and eye irritations are increasing.

This severe pollution has destroyed crops as well as natural vegetation; caused crippling loss of income to farmers, while fishermen return with a severely depleted catch, as heated sea water and coal spillage pollutes the sea, making it uninhabitable for fish and marine animals. In addition, fishermen are barred from their traditional fishing grounds by the Navy. Temperatures rise in the surrounding areas and seas when coal is burnt. In this deadly scenario, people of the area are dislodged and displaced, to escape the devastation to their lives and livelihoods.

The petitioner further states that Sri Lanka has international obligations vis-a-vis, pledges made at the UN Climate Change summits in Durban and Paris, to reduce greenhouse gas emissions, in the global fight against the climate change which impacts adversely on weather systems, plants and animals, oceans and marine life, with coal being one of the worst emitters of the greenhouse gases.

EFL also argues that the State is dutybound to seek alternative sources of power generation which have much less adverse impact than coal. The petitioner requests court to declare there is an imminent violation of its FR due to the setting up of the SCPP by the respondents, and to declare the EIA and TEC recommendations and the approval so granted illegal and null and void.

It also sought an order directing the respondents to formulate and implement a viable alternative power generation plan, in consultation with the President and the CEA, instead of the proposed 500MW coal-based power generation plan.

EFL cited Chairman, CEB, Anura Wijepala, Chairman, CEA, Prof. Lal Mervin Dharmasiri, Chairman, Public Utilities Commission of Sri Lanka, Saliya Mathew, Power & Renewable Minister Ranjith Siyambalapitiya among others as respondents.