Name and shame toxic smell culprit
Judge orders Enviroserv to prove who is responsible
ENVIROSERV is to name and shame the alleged culprit responsible for the hazardous air emissions in the Upper Highway to prove its innocence if it is to continue operating.
The Sunday Tribune has reported extensively on the “toxic smell” that has residents living around the Shongweni landfill site allegedly sneezing and coughing – Enviroserv has repeatedly denied being the cause of the smell.
The public outcry led to the civil group Upper Highway Air (UHA) taking legal action and on Wednesday the Durban High Court granted interim relief compelling Enviroserv to cease all acceptance, treatment and disposal of waste at Shongweni.
Earlier this month the company’s chief executive, Dean Thompson said its specialist report on the human health risks arising from the site “found the primary air contaminant contributing to odour in the Upper Highway area is present at levels not linked with major health issues”.
Enviroserv also claims to have found evidence that the gas that is a source of the communities’ complaints is sulfur dioxide but claim the site is not the source.
Thompson said the health symptoms related to the exposure to sulphur dioxide match those reported by the community, which includes “severe irritation of the nose and throat, shortness of breath, tightness in the chest and wheezing, irritates or burns the skin or burns”.
This argument was also presented by the company’s lawyer, Johan Wasserman, in court last week, where he defended Enviroserv against the UHA’S bid to stop operations at the landfill.
Judge Gregory Kruger not only granted interim relief but also ordered Enviroserv to tender the copy of the controversial toxicology report, which the company had intentionally withheld from the court and UHA out fear that it could be used to incriminate it.
The UHA experts are still going through the report to determine if any of the activities at the landfill flouted Enviroserv’s licence conditions.
As it stands, UHA is convinced that Enviroserv is the source of the gaseous smell and the company has to find the culprits if they want to keep the landfill operational.
When the matter returned to court, Judge Kruger said he wanted Wasserman to present evidence on who is responsible for the malodour.
“Why is it the duty of the first respondent (Enviroserv) to identify the other culprit when there are organs of the state responsible for that?” Wasserman asked in reference to the Department of Environmental Affairs (DEA).
“It is the first respondent who is saying it is not us or not only us who is polluting the air but the applicant (UHA) is only pointing at the first respondent,” the judge responded.
Enviroserv claims closing the landfill could be detrimental to the community as an intake of waste needs to continue in order to solidify the liquids in the site, which is part of the remedial action implemented as per the DEA’S instruction.
Thompson said they were concerned the science regarding the problems at Shongweni Landfill had been misunderstood by the court.
“The risk now is that the communities may be further compromised by the closure decision as hazardous waste disposal experts fear the malodour will increase.”
“We also need to remain cognisant of the background atmospheric hydrogen sulphide that already exists in the area from other sources aside from Shongweni which are yet to be identified by the national air quality officer or ethekwini Municipality.”
The company has requested DEA intervention and an investigation into the sulphur dioxide but had not received a response at the time of publication.
Affected communities however do not believe Enviroserv’s claims of another culprit and want the landfill permanently shut down. They believe Enviroserv has been lying all along about what is really happening at the landfill and that is why it has repeatedly refused to release a toxicology report until the court ordered it .
“We just want our lives to go back to normal where we don’t have to constantly worry about having sore throats, or chest pains, or itchy eyes or blocked noses. Like the judge said – people’s health is at stake and Enviroserv must stop trying to play mind games with us just so that they can keep making money,” said community activist Sandile Bele.
His sentiments were shared by Assagay’s Leigh Rapson, whose 3-year-old grandson, Seth Campbell, has been in and out of hospital with respiratory problems, suspected to be linked to the gaseous fumes. “It breaks your heart because there is nothing you can do.”