SOUTH Africa’s largest waste management company, EnviroServ was convicted in the Durban Regional Magistrate’s Court on Monday, 14 December for the contravention of the National Environmental Management: Air Quality Act 39 of 2004 (NEM: AQA).
The company was handed a fine of R4 million, R2 million payable now and R2 million suspended for three years.
It has been more than four years since emissions contributed to the odours which were experienced across parts of the community surrounding the Shongweni Landfill.
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In a move to put the criminal charges behind them, EnviroServ’s board of directors deemed it in the best interest of all stakeholders to avoid lengthy and costly litigation and authorised EnviroServ to enter into a plea and settlement agreement with the National Prosecuting Authority.
“We decided to plead guilty to one of the five charges brought against EnviroServ. The charge related to the emission of odours in terms of the Air Quality Act during the period of 24 months ending January 2017,” said EnviroServ CEO, Dean Thompson.
The company would also need to reimburse the Department of Environment, Forestry and Fisheries (DEFF) for R1.2 million, while the Upper Highway Air non-profit company (UHA NPC) was awarded R1.2 million in damages and costs in pursuing the case.
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Thompson noted the company invested millions of Rands and many man hours to identify and reduce emissions.
“As a result, over the past few years, all administrative actions against EnviroServ have been lifted and the site has been permitted to operate for some time now.”
“If EnviroServ is found guilty of infringement in the next three years, the R2 million suspended becomes payable,” said the Upper Highway Air NPC’s Lauren Johnson.
The local organisation also agreed to conclude its pending suits against EnviroServ as part of the guilty plea agreement. Johnson noted the DEFF would, within the next 60 days, undertake a review of the operations of the monitoring committee.
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“This is because it is in the hands of the community to ensure that EnviroServ does not continue polluting and it is compelled to operate as it must,” she said.
UHA NPC said it would meet soon to determine how to best use the money within the community, and also those further afield in KZN, to help those less fortunate who have been affected by environmental disasters.
“This has been a long road, with a heavy cost on all of our lives and families. We want to take this opportunity to thank each and every one in the community who trusted us with their mandate, fought alongside us, cried with us, rejoiced with us. UHA would not have got this far and got a guilty conviction if it were not for all of you. So from the bottom of our hearts, thank you,” said Johnson.
EnviroServ remains under the strict oversight of local and national authorities.
Caxton Local Media Covid-19 reporting
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