‘Prosecute UPL for chemical spill’
An investigation by the environment department has uncovered that the multinational operated its Kwa-zulu Natal warehouse without proper authorisation
Acriminal investigation into the muntinational, UPL, must be instituted after the chemical spill from its Cornubia warehouse into a protected area during the July riots.
The environment, forestry and fisheries department made the recommendation in its report into the blaze at the warehouse situated near the Kwazulu-natal north coast.
The department also found that UPL (formerly United Phosphorus Limited) was operating without environmental clearance.
And a scheduled activities permit had not been obtained by UPL from the ethekwini metropolitan municipality.
The July riots in Kwazulu-natal and Gauteng were sparked by the incarceration of former president Jacob Zuma.
The fire caused chemicals to spill into the umhlanga estuary and the surrounding wetland ecosystem, destroying the natural environment.
“The unlawful establishment and operation of the UPL facility created a point source of pollution in that particular location, close to a river system, a residential neighbourhood, a sensitive protected area and the coastal environment,” the department said in its report.
“The environment in this area is considered to be significantly damaged as a result of the pollution from this incident which may have resulted in an entire ecosystem service loss.”
The investigation into UPL’S compliance before and after the blaze found that the company’s operations involved the unlawful storage of chemicals classified as “a dangerous good”.
An environmental authorisation would have been required prior to the storage operations commencing, because the volumes of chemicals stored in the warehouse was significant (exceeding 500 cubic metres), therefore constituting a “listed activity” identified in terms of the National Environmental Management Act.
The Act stipulates that storage cannot commence without environmental authorisation.
“The EIA [environmental impact assessment] process would have, among other things, assessed the readiness of the facility to respond to an emergency situation. Furthermore, any EA issued would have been subject to a number of conditions aimed at mitigating risks identified,” the department told parliament’s portfolio committee on environment, forestry and fisheries.
The department said the ethekwini municipality had not granted permission for the warehouse to be occupied.
The umhlanga Lagoon Nature Reserve is a free recreational facility, has a variety of marine and bird species (including migrant birds) and is a prime research area.
The UPL spill caused a collapse in the ecosystem and the department says the true extent of the damage is still unknown.
The department said that the National Prosecuting Authority will make a final decision on prosecution after the criminal investigation.
It told the portfolio committee that this must be complemented by restorative justice, compensation for damages and “polluter pays” principles.
The chemical company says it has spent R177-million in clean-up operations and on monitoring the effects of the spill on public health.
In its statement, UPL said it was co-operating with authorities and the government.
“Despite the spillage resulting from factors beyond UPL’S control as a result of the fundamental breakdown in law and order, it has spared no effort or expense in containing the situation,” it said.