Mail & Guardian

‘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

- Tunicia Phillips Tunicia Phillips is an Adamela Trust climate and economic justice reporting fellow, funded by the Open Society Foundation for South Africa

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.

 ?? Photo: Guillen Sartorio, AFP ?? Deadly: A member of a clean-up team pulls dead fish from the umhlanga estuary after chemicals entered the water system from a UPL warehouse that was burned during looting in July.
Photo: Guillen Sartorio, AFP Deadly: A member of a clean-up team pulls dead fish from the umhlanga estuary after chemicals entered the water system from a UPL warehouse that was burned during looting in July.

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