UPL did not have environmental authorisation says environment minister

AT a press briefing on Sunday, the Department of Environment, Forestry and Fisheries reported that United Phosphorus Limited (UPL) was not in possession of the requisite environmental authorisation, prior to establishing its operations in Cornubia.

The department’s minister, Barbara Creecy released the joint preliminary investigation into the compliance profile report of UPL after the company’s warehouse was set on fire during the unrest in July.

The fire led to a chemical spill that flooded chemicals into the Ohlanga stream and the ocean. This led to the ongoing closure of beaches north of the uMngeni River.

Residents from Blackburn Village, uMhlanga, Durban North, iZinga and Prestondale complained about chemical fumes after the fire was put out.

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“The compliance profile report contains a factual assessment of the seven different government authorities relating to all the licenses, permits and authorisations that UPL was required to have, in order to lawfully conduct its operations at Cornubia, compared with those that UPL held at the time of the fire. The environmental authorisation should have been obtained from the KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs.

“In addition, UPL had not obtained a critical risk assessment or planning permissions from the eThekwini Municipality, in terms of the Occupational Health and Safety Act (OHSA), and the relevant municipal by-laws. Had UPL undertaken this process, it would, in all probability, have been defined as a major hazard institution, considering the significant volumes and nature of the chemicals stored at this particular location. These assessments would have determined the emergency readiness of the facility in the face of a disaster, such as a fire,” Creecy said.

Following Sunday’s briefing, UPL said it was ‘deeply disappointed’ that minister Creecy had decided to release her department’s preliminary findings of an investigation into a fire incident at its Cornubia Warehouse ‘without any prior discussion with the company’.

“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 trust that the Minister’s current visit and actions have not prejudiced that,” the statement concluded.