Ignored: Experts’ calls for police investigation against waste oil company

A report prepared by officials of The Malta Environment and Planning Authority (MEPA)’s Environmental Permitting and Industry Unit following two inspections held in March and April 2009 had called on the authorities to commence legal proceedings against Falzon Waste Oils, in connection with the illegal discharge of waste oil in the sewage network next to Hexagon House.

These reports were passed by MEPA to the Water Services Corporation (WSC) so that it could initiate legal action, but this recommendation was never implemented.

Legal proceedings against the waste oils company were only commenced last week after Labour MP Leo Brincat filed a report to the police.

Report’s recommendations ignored

A report tabled in parliament by the Prime Minister following a request by Opposition MP Leo Brincat this week confirms that the authorities were not only aware of the illegality but had been specifically asked to commence legal action by MEPA’s experts.

The report authored by Environment Protection Officer Aimee Brincat and Environment Protection Inspector Josianne Muscat refers to an inspection on the sewer manhole in front of A. Falzon Ltd and Falzon Waste Oils Co Ltd’s premises carried out on 2 April 2009.

The report states that upon opening the manhole a sewer pipe connected to a toilet in the garage of Falzon Waste Oils Co Ltd was observed to be discharging large quantities of oil contaminated water in the sewer.

Upon being called on site to explain the illegal discharge, the operation manager of the facility claimed that the facility was discharging clean water collected from surface run off. 

But the inspection revealed the existence of an illegal discharge of oil-contaminated water in to the public sewer by means of a flexible hose found in the hole of a bathroom floor of a garage belonging to the company. Two of the rainwater culverts from which water was percolating into the sewers were also found to be containing large quantities of oil.

The report concludes that “it is very evident that illegal dumping of oil-contaminated water was occurring from Falzon Waste Oils Ltd on the day of the inspection” and that it could not be excluded that “such an illegal activity had been going on for a period of time.” This claim was sustained by the evidence of old oil stains found in the hole where the flexible pipe was observed discharging illegally, and also in the sewage manhole in front of the company’s premises.

In its recommendations, the report clearly states that legal proceedings should be initiated against Falzon Waste Oils Co. Ltd “by the competent body in connection with the illegal discharge of waste oil in the sewer.”

Photos of the hose still discharging oil-contaminated water were included in the report.

MEPA passes buck to WSC

The case was first raised in parliament by opposition environmental spokesperson Leo Brincat in November 2009.  The Labour spokesperson asked the Prime Minister whether “political pressure” was exercised to stop action against a company after it was identified as the source of the illegal discharge.

Replying this parliamentary question in November 2009 Prime Minister Lawrence Gonzi confirmed the existence of an illegal discharge but refused to name the name the company responsible.

The Prime Minister claimed that MEPA had sent all the evidence it possessed on this case to the Water Services Corporation “so that it could initiate legal action as the entity responsible”.

The case was taken a step further by MaltaToday during the next month, when questions were sent to the WSC asking for the name of the company involved and whether legal action had been taken against the culprit.

After waiting for three weeks and following persistent efforts to get a reply, MaltaToday reported that  WSC was mum on this case.

The report by MEPA vindicates Brincat’s claims that the company has developed an illegal connection to the sewers and the nearby culverts to dump their waste.

Company had redressed situation

Answering another parliamentary question last month, Minister Tonio Fenech – who is responsible for the WSC – confirmed  that no criminal procedures have been taken by the police on illegal dumping of waste oils in the drainage system in Marsa after the case was reported by MEPA to WSC.

Fenech was not responsible for the WSC at the time of the incident, as this fell under Austin Gatt’s portfolio.

According to Fenech, no legal action was taken because the waste oil company immediately redressed the said irregularities and subsequent inspections by the WSC confirmed no further irregularities were committed.

The company was later granted an Integral Pollution Control Permit, which prohibits the dumping of industrial waste. In February 2011, the WSC also conducted a week-long monitoring exercise on the drainage system around Hexagon House, which excluded the dumping of petroleum products.

Timeline:

March/April 2009: Inspections by MEPA identify Falzon Waste Oils Co Ltd as source of illegal waste oil discharge in sewers. 

April 2009: MEPA’s Environmental Permitting and Industry Unit’s report recommends legal action against Falzon Waste Oils Co Ltd.

November 2009: Leo Brincat asks Prime Minister asks the Prime Minister whether “political pressure” was exercised to stop legal action against a company after it was identified as the source of an illegal discharge.

November 2009: Prime Minister refuses to name company involved but reveals that MEPA had sent all the evidence it possessed on this case to the Water Services Corporation so that it could initiate legal action as the entity responsible.

December 2009: WSC refuses to reply questions sent by MaltaToday asking for the name of the company involved and whether legal action was being taken against it.

March 2009: Tonio Fenech tells parliament that no legal action was taken against company because the waste oil company involved immediately redressed the irregularities.

April 2009: Leo Brincat files police report against Falzon Waste Oils Ltd.

Link: http://www.maltatoday.com.mt/archives