Cement to be unloaded at Kordin silo pending court decision

The civil courts will not be able to decide over a request to stop the unloading of cement into a silo constructed next to the grain silos at the Kordin terminal, despite a request by Kordin Grain Terminal to stop the unloading of cement.

KGT has filed a civil claim against the Malta Environment and Planning Authority (MEPA) after it sanctioned a cement silo constructed next to its grain silos. KGT claims this poses a health and safety risk.

But UC Ltd has requested that the courts stop MEPA from obstructing any unloading of cement currently taking place at Kordin.

Mr Justice Mark Chetcuti said in court he could not decide over UC's request as KGT's legal representative Adrian Delia had asked for KGT to be included as an interested party.

The courts have already upheld UC Ltd's request, which means cement will continue to be unloaded in the silos next to KGT's grain silos today, Friday, afternoon.

KGT is the only provider of grain storage on the island and the terminal abides by regulations to ensure that the grain is suitable for human consumption, in the making of breads and other foodstuffs. Delia said that should cement traces from UC's silo be found, it could jeopardise human health.

Delia said KGT had a legal and moral obligation to intervene and demand the cessation of operations at UC Ltd's cement silo.

Dr Paul Lia, appearing for UC Ltd, requested time to reply to KGT's request.  Judge Chetcuti ruled that the decision is being postponed to next Monday in order to allow Dr Lia to file his replies.

However MEPA's legal representative, Dr Robert Abela, argued that there was no more need of UC Ltd's warrant of prohibitory injunction, as in the meantime the cement had been fully unloaded and MEPA had no equipment to return the cement to the vessel. The ship was also assumed to have left port.

Dr Paul Lia replied that the ship was still berthed at Kordin, but that the disengagement process had started. While the unloading of cement was complete, the cleaning process was still underway. Interrupting the fully computerised pneumatic process would result in heavy damages, something confirmed in court by UC director Etienne Carabott.

"A pneumatic system discharges the cement from the vessel into the silo. After being unloaded, air is used to clear the system of any traces. Should the operation be terminated abruptly and the system disengaged, the cement still in the pipes could contaminate the surrounding area, compromising the environment," Carabott said.

Rrobert Abela, for MEPA, replied that should the unloading operation be stopped but the pipes not disengaged, there will be is no risk of contamination. Lia retorted saying there was only one berth and no other ship could dock with grain or other material until the cement vessel departs.

In an address to the media, Carabott said that since 1968 the company Central Cement had held a monopoly with stevedores having an exclusivity agreement to transport the cement as shareholders of Central Cement.

UC Ltd, which entered in business in 2012, said it obtained permits from MEPA and Valletta Gateway Terminal - which regulates loading procedures in the Grand Harbour - and invested €3 million in its operation with a state-of-the-art cement silo.

Carabott said UC had been approached by Central's stevedores that only they can transport cement. But UC employs a system where cement is directly pumped from a ship into the silo, bypassing the stevedores.

"We refused their request because their trucks would expose the cement to the environment. The silo's system does not allow the unloading of material onto such vehicles. We employ suitable trucks where the cement is never exposed to the surroundings and the whole system is contained, ensuring no contamination."

The Kordin docking facilities only cater for one ship at a time to berth and unload.

Past requests by KGT against Valletta Gateway Terminal and UC Ltd to stop unloading of cement, had been rejected.

Carabott said that KGT did not complain over the grit at Dock No. 6 or material from Central Cement carried by the winds and ending on the conveyor belts carrying grain. "No complaints were ever raised about dead animals being found on the belts nor about the pigeons who roost there," Carabott said.

"While KGT is concerned about the contamination of their grain by any traces of cement from UC Ltd's silo, a bulldozer used for construction work is lowered into the ship to sweep the grain so it can be vacuumed out onto the belts. The possible contamination from exhaust fumes and particles falling off the bulldozer's tracks never worried KGT."

On Wednesday, MEPA filed a warrant of prohibitory injunction against UC Ltd to cease their very first unloading operations as they did not have an environmental permit. However UC Ltd had already prepared both an environmental impact assessment and a risk assessment report. In a counter request, UC Ltd asked the court to preclude MEPA from stopping their operation.

Meanwhile, it is expected that Dr Paul Lia, on behalf of UC Ltd will withdraw his warrant against MEPA once the unloading of cement is concluded at 1pm. Once the operation is terminated there will be no further need for UC Ltd's legal request.