UPL chemical spill: Entire ecosystem damaged, may take years to recover

July’s pandemonium not only resulted in lootings, but the burning of chemical giant UPL’s facility which means the environmental situation remains in an “emergency state”.

Minister of Forestry, Fisheries and the Environment Barbara Creecy yesterday released the Joint Preliminary Investigation into the Compliance Profile of the United Phosphorous Limited (UPL) South Africa (Pty) Limited in Cornubia, north of Durban.

Creecy said the report was a result of an investigation by a multi-disciplinary team into the regulatory environment in which the UPL warehouse was required to operate, and the environmental impact of the chemical spill and fire incident which caused a serious environmental problem over the past few months.

“Empirical evidence shows an entire ecosystem, which includes the oHlanga tributary, the uMhlanga estuary, the beaches and the coastal environment, not only in the vicinity of the UPL, but for several kilometres to the north of the uMhlanga estuary mouth, has been seriously impacted and may take several years to recover.

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“Beaches along this stretch remain closed, and subsistence and recreational fishing, as well as the utilisation of any marine living resources in the area, remains prohibited,” she said.

According to the report, the fire at the warehouse lasted for approximately 12 days.

“During the unrest which prevailed in the country, in particular KwaZulu-Natal and Gauteng over the period 12-16 July, the UPL warehouse was one of the many buildings that were damaged, in this case by fire, during the incidents of looting and destruction of property, which took place.

“The investigative team was advised that the ability to extinguish the fire was hampered by a number of factors, including security related concerns linked to the unrest, access to adequate water supply, personal protective equipment, and the collapse of the metal structure which required demolition teams to cut through metal debris in order to ensure safe passage for firefighters to smoldering pockets of materials,” said the report.

UPL noted in a statement from the “limited time” it had to consider the preliminary report, “it is also evident that very little has been said about UPL’s extraordinary efforts at the containment and clean-up of its lost products, its compliance with its obligations and directives issued – all at considerable cost to UPL and in adverse circumstances possible”.

“UPL has desisted from highlighting the many inadequacies of government’s response to this matter,” UPL said.

“If it had, it would have detailed the many disorganised, uncoordinated and contradictory responses from the authorities.

“It decided that the best course of action would be to remain focused on urgent containment efforts and dealing with the damage caused by the looters and the failure of the state to provide adequate protection at the time of the violence.

“UPL will in due course respond to allegations of non-compliance in the appropriate forums. For now, it intends to get on with the clean-up and rehabilitation. It has had extensive interactions with the authorities in the past, and trusts that the minister’s current visit and actions have not prejudiced that.”

The report added the immediate response from the authorities to this particular incident was focused on three priorities.

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“To implement short- to medium-term emergency interventions to ensure that further environmental and health risks were contained, including actions to prevent further effluent from entering the river system; to oversee and guide the assessment, cleanup and remediation process and investigate the incident within the ambit of the regulatory environment applicable to such a facility,” said the report.

Creecy said an independent team of investigators comprising environmental management inspectors from both the national and provincial departments initiated a criminal investigation.

“This investigation is being undertaken in line with the Criminal Procedure Act and involves the collection of evidence, including sampling of, amongst others, sand, water, fish and plants, to determine criminal liability in relation to the harm that has been caused to the environment.

“These findings will be made by a court of law once the National Director of Public Prosecutions makes a decision to prosecute this matter,” she said.

Creecy said although some work was being done towards the environment, the danger had not yet passed and the government continued to monitor affected communities.