EnviroServ may appeal suspension
ENVIROSERV is considering appealing a decision taken by the Environment Affairs Department to suspend the company’s “acceptance, treatment and disposal of waste” at the Shongweni landfill site.
Chief executive of EnviroServ Dean Thompson said their legal experts were considering this notice and would act in due course. “The provisional advice is that an appeal will be filed against this directive as we believe that not all relevant information has been properly considered.”
Last week, he said, they shared information with the department on fresh data obtained from three real-time air quality monitors recently installed in communities surrounding the landfill site.
These monitors revealed the presence of high levels of sulphur dioxide (a harmful gas with a pungent odour), a gas typically produced by combustion processes, and which they said did not emanate from landfill sites.
“This, to our knowledge, has yet to be followed up by the authorities.”
On Tuesday, the Department of Environmental Affairs issued a statement saying that despite “many interventions” implemented by the company to comply with the instructions contained in the compliance notice (issued on October 21, 2016), there was still an unacceptably high level of landfill gases being emitted from the landfill site.
The notice included an “11point action plan” which indicated how the facility would be implementing the measures, and included the suspension of the acceptance and disposal of certain types of waste; a commitment to decant and dispose of all stored leachate and contaminated stormwater offsite; to convene an urgent monitoring committee meetings; to provide a detailed leachate and stormwater management plan; to undertake a toxicological study and technical assessment of the site; and to provide a detailed inventory of all waste streams accepted by the site.
The suspension, they said, came four working days after receipt of the notice, and would remain in force indefinitely.
Residents of areas including Hillcrest, Shongweni, Dassenhoek and surrounds have been locked in a battle with the company since last year as they believe the odour from the landfill site is causing health problems.
Upper Highway Air, a group set up by community activists, earlier this week brought legal action in the Durban High Court against the company; two of its employees, Thompson and Esme Gombault; the Minister of Environmental Affairs; the Minister of Water and Sanitation; the MEC for Economic Development, Tourism and Environmental Affairs; and the eThekwini Municipality.
Yesterday, attorney Charmane Nel, who is representing the residents’ group, told The Mercury that the suspension would not alter their pending legal action.
“There is additional relief sought extending well beyond the issue of the suspension or revocation of the licence or any portions of the licence.
“These relate to ensuring that EnviroServ complies with the terms of their licence and the statutory provisions governing their waste management activities.”
“(We) will take all necessary steps available to ensure the suspension of operations as per the department’s decision is enforced pending any appeal by EnviroServ which they have already widely communicated to their clients.”
Meanwhile, the company is also set to appear in court next week on criminal charges.
National Prosecuting Authority spokeswoman Natasha Kara said the charges would be disclosed in court.