EnviroServ to be ‘prosecuted for toxic stench’
EnviroServ claimed they did not receive a charge sheet from the NPA, however should the matter arise, they will deal with it appropriately.
THE National Prosecuting Authority has taken a decision to criminally prosecute EnviroServ, the waste disposal company accused of emitting toxic fumes from its Shongweni landfill site. Advocate Moipone Noko of the Director of Public Prosecutions made the announcement on Monday, 27 February.
“A decision to prosecute has been made. Arrangements are under way for the accused to make their first appearance in court,” said Noko.
The Department of Environmental Affairs (DEA) opened a case of contravening the National Air Quality Act at the KwaNdengezi police station in September last year, following thousands of reports from affected residents in Hillcrest, Shongweni, Dassenhoek and surrounding communities.
The case was then transferred to the Provincial Task Team for further investigation.
WATCH: Upper Highway residents join “Toxic Trek”
The DEA issued a notice of intention to EnviroServ to revoke/suspend their landfill licence last month, pending further investigations.
Residents have claimed the toxic fumes are responsible for the increased rates in asthma, bronchitis, pneumonia, eczema, nosebleeds and other illnesses. Children in particular have been severely affected.
Four schools in the Highway area – Curro Hillcrest, Winston Park Primary School, Hillcrest Primary School and Highbury Preparatory School, submitted a letter of concern and complaint to the DEA on 22 February, 2017.
WATCH: Hillcrest motorcade drives home toxic stench awareness
The letter, submitted by Belinda Willows, acting head of Highbury Preparatory School on behalf of all four schools, stated that nearly 4000 children at the schools had been affected by the chemical smell and schools are urging the DEA to accelerate the sharing of the facts regarding the malodour as soon as possible.
Willows wrote: “Our children have a right to breathe clean air in their homes and at school and we urge you to resolve this matter as speedily as possible as it appears to be getting worse each month rather than better.”
The stench has also affected horses stabled in the Summerveld area, many of which will be participating in the Vodacom Durban July. The horse fraternity has reported that their horses have been suffering from unusual ailments such as nosebleeds and coughs.
Upper Highway Air NPO director, Lauren Johnson, said the Upper Highway Air committee is absolutely elated at the news that the National Prosecuting Authority has decided to prosecute EnviroServ for alleged breaches of their legal obligations in the conduct of their waste management operations.
“We are grateful to the Green Scorpions for their thorough and swift action on this matter. We hope the DEA will take cognisance of this development in their decision to suspend/revoke EnviroServ’s Shongweni Waste Management license according to the s56 notice issued. This is a step closer to regaining our constitutional right to an environment that is not harmful to our health and well-being,” added Johnson.
Meanwhile, Dean Thompson, EnviroServ’s Group CEO said on Tuesday that to date the company had not seen a charge sheet.
“Should the matter arise, we will deal with it appropriately,” added Thompson.
Last month, EnviroServ’s coastal operations manager, Clive Kidd told the Highway Mail on a site visit that the bacteria Deslufovibrio vulgaris contributed to the stench and that because of a drop in Ph level – sanctioned through regulation changes by the DEA – the bacteria had been able to survive.
However, the company still maintained they are not the sole contributor to the odour and that other industries in the area needed to be investigated as well.
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