North beaches and the coastal environment were seriously impacted by the recent fire and spill event at the UPL Cornubia warehouse and may take several years to recover and will be felt for a considerable period of time.
This is according to Minister of Forestry, Fisheries and the Environment, Barbara Creecy, who addressed the media on Sunday, 3 October, where she was was releasing the joint preliminary investigation into the Compliance Profile of UPL South Africa (Pty) Limited in Cornubia. The minister was joined by the KwaZulu-Natal MEC for Economic Development, Tourism and Environmental Affairs, Ravi Pillay, and eThekwini Councillor Diana Hoorzuk. The report was the 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 that caused extensive environmental damage. Beaches along the KZN north coast remain closed, and subsistence and recreational fishing, has been prohibited.
“The findings indicate that UPL was not in possession of the requisite environmental authorisation prior to establishing its operations in Cornubia three months before the incident. The authorisation should have been obtained from the KZN EDTEA. 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 the 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. A criminal case has been opened in September at Verulam Police Station,” said Creecy.
“The criminal investigation 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. The probe will also take into account the liability of other role-players that may have been involved in this matter. The recommendations are not limited to this particular incident but also suggest proactive measures to strengthen the regulation of this sector. The report also recommends an evaluation of the response of the authorities to the incident, with the aim of enhancing our capabilities to respond to similar incidents in the future,” added Creecy.
The authorities requested UPL to place a mobile clinic in the affected communities on a semi-permanent basis and to extend the human health risk assessment to include biological monitoring of the affected community and a multi-stakeholder forum will ensure meaningful engagement between authorities and the public, and act as a conduit for the dissemination of information. “The danger has not yet passed. But, in time with enough remedial work and attention, we hope the environment will recover and those responsible for this incident, directly and indirectly, will have to own up to, and take responsibility for, their actions.” Desmond D’Sa, of the South Durban Community Environmental Alliance (SDCEA) and Suren Beeprajh, of the KZN Subsistence Fishing Forum, said no information was received from government since 12 July. “We are happy about the health issues that are being addressed, however, we need to know the timeframes as to when the tests will take place. The beach closures have affected the fisherfolk. We don’t hear what will happen to the people who lost their livelihood. Will they be compensated?” they asked.
In a statement, UPL said that they are disappointed by Minister Creecy’s release of the preliminary report. “UPL has always been fully committed to cooperation with all three spheres of government to help manage the after-effects of the violent attack on its Cornubia warehouse. It has had extensive correspondence with government and has always acted in good faith in its interactions. “The preliminary report was only sent to UPL a matter of mere hours before its release. UPL had insufficient time to properly consider the preliminary report. The report fails to address what is at the heart of the issue – namely, that the fires, which led to the pollution, were caused by rioters involved in the civil unrest in KwaZulu-Natal at the time and which the emergency services were unable to contain. UPL will respond to allegations of non-compliance in the appropriate forums. For now, it intends to get on with the clean-up and rehabilitation.”
