The post UHA Appeal against the issuing of another 10 year licence to EnviroServ appeared first on Upper Highway Air.
]]>We have absolute non negotiables, such as an independently run Monitoring Committee (which they are legislated to have in accordance with their licence) to have oversight on the running of the landfill, and to be held accountable for their actions with more than just a slap on the wrist.
The Criminal case has been adjourned to the 14th December 2020.
UHA have lodged an appeal to the issuing of their Waste Management Licence, because instead of reviewing the license, which was due to end in 2024, DEFF have issued another 10 year licence, to end in 2030. They issued this licence on outdated information with no application for renewal to 2030.
Below is a copy of our appeal:
Annexure B
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]]>The post IT ALL STILL STINKS! appeared first on Upper Highway Air.
]]>As you will all know in the Upper Highway the area, the stink is still around. Complaints have been on the rise from 479 in February 2020 to 713 in April 2020. In March 2020, EnviroServ had their waste management license renewed/issued anew. We didn’t know until yesterday, as the DEFF refused to give us a copy, had not loaded a copy on the SAWIC (the state information site where it should be accessible) and EnviroServ, until yesterday, had also not provided it despite numerous requests to their lawyers. So the community was being held up in addressing this issue or even seeing what we were in for. Yesterday, EnviroServ lawyers gave us a copy. It was allegedly received by their client on 26 March 2020. Click here to view.
As you can see, despite it having been a question of the renewal of the license issued in 2014, it is a new license another for 10 years! Nuisance and odour is only to be minimised, not stopped. So now DEFF claim the community is to tolerate nuisance and odour contrary to the Bylaws.
The DEFF claimed to have sent site inspection teams to investigate the site and complaints but cannot provide any feedback despite months of asking. Seems even emails are a chore in lockdown… but we doubt they have even gone as DEFF have only told us what EnviroServ have told them which is:
“The permanent flare has been operational since beginning of December 19 and running really well.
The initial seeding of the permanent bio-scrubber started in the last week of March and commissioning is ongoing but at a reduced rate due to lockdown.
The monitoring results continue to show really low levels measured on site and in Winston Park.”
Its good to know the DEFF are still relying on the evidence of compliance from the polluter and not investigations by their teams.
On the appeal against the STPs granted by Ethekwini, and despite its intention to secure significant increases on rates and taxes, they have still refused to set down any of the appeals launched by the community and UHA against the issue of the STPS. This is despite the fact that almost a year has lapsed since the last appeal was launched, and 18 months since the appeal against the first STP.
The Public Protector’s office did nothing about the complaint, and the Internal Investigations Unit of Ethekwini did nothing, other than to say the appeal would be heard because the Municipality assured them it would.
The Government watchdogs are dead and Ethekwini’s lawyers, Livingston Leandy, and the appeal lawyers supposedly appointed to administer the appeal, Venns Attorneys, have done nothing to ensure the appeal is heard. Did they advise Ethekwini to do the right thing and they just ignored it? Or did they advise them just to delay and by the time the Community got to court it would all be academic? Perhaps someone should ask them?
The criminal matter will probably have to be adjourned given the lockdown and in any event, EnviroServ will raise their constitutional attack in the criminal court against the legislation, again. All the while they continue to trade and the Community is left to deal with the stench from both its operations and the rotten administration who permits it.
As many of you know, some of the UHA Directors have moved away and we are calling for nominations on directors to be appointed to manage the next leg of the fight. Please mail us on [email protected] if you are interested.
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]]>The post January 2020 UHA Update appeared first on Upper Highway Air.
]]>Dear Upper Highway Community, we hope that 2020 is going to be a prosperous year for all.
The Constitutional challenge to the legislation under which EnviroServ and its directors were charged in the criminal matter was set down in the Pietermaritzburg High Court on 15 November 2019. As you may remember, EnviroServ requested yet another adjournment of the matter because their one counsel was not available. The State and Ethekwini readily agreed but UHA knowing full well this was yet another delay tactic, stood firm. We also were fortunate to secure the assistance of Kemp J Kemp SC who together with Charmane, drafted heads of argument which were delivered timeously, as EnviroServ worked to seek the intervention of the Judge President to have the matter adjourned before the scheduled date. The JP rightly pointed out that as all parties did not consent to the adjournment EnviroServ would have to appear on the day and argue for the adjournment.
This precipitated a withdrawal of the application by EnviroServ based on the arguments raised in the heads filed by UHA. We thank Kemp J Kemp for his willingness to accept the brief on behalf of the community. We also secured a tender for UHA and our counsels’ costs. EnviroServ as it was repeatedly pointed out would have to argue their challenge in the criminal matter which is still set down for July 2020. The prosecution will be preparing now for trial and we will render any assistance needed.
On the civil action and other pending matters, UHA have, after consultation last year with the nominated community reps, placed a without prejudice settlement proposal on the table and are waiting instructions from EnviroServ’s attorneys. Principally UHA want the monitoring committee properly constituted so that monitoring can take place objectively and legitimately. We have also made what UHA believes to be a sensible proposal on the settlement of the action which will benefit the community. We will update you once we have received a response to our proposals which we hope can resolve the outstanding matters and ensure community monitoring.
We are aware that there have been increased complaints of late, and urge you to please continue reporting in order that the DEFF can investigate the complaints and visit the site in order to see what the cause of the increase in complaints are. We will follow up and seek clarity on the progress of the installation of the final flare which is due to commence early this year.
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]]>The post Green Scorpions Criminal Case against EnviroServ – 18th October 2019 appeared first on Upper Highway Air.
]]>As suspected would be the case, corrupt Ethekwini agreed to adjourn the Constitutional challenge case scheduled to be heard on the 15th of November 2019. The Community has not changed its mind on acquiescing in this further delay tactic, which no doubt will be used to delay the start of the trial next year even though a date has been set.
UHA has still not been approached for any input on a possible plea agreement so one can accept, especially given today’s adjournment of the criminal matter to trial, that EnviroServ and its directors will never do the honourable thing and accept responsibility, willingly, for the pollution caused. Instead they will next year explain to the Criminal Court why, despite their years in the waste business, they were the company and directors which could not run a hazardous landfill correctly, why the Minister and her waste management regulations confused them so, resulting in the pollution they caused – this must have been the mystery polluter’s problem as well. Perhaps if the mystery polluter is ever unmasked by EnviroServ we can ask it.
The post Green Scorpions Criminal Case against EnviroServ – 18th October 2019 appeared first on Upper Highway Air.
]]>The post EnviroServ – different day, same delay appeared first on Upper Highway Air.
]]>This matter has been used by EnviroServ to repeatedly delay the criminal case, and the reason for the requested adjournment is that one of the team of advocates employed by them is no longer available on the date agreed to by them.
UHA has not agreed to this further delay. The Minister apparently has, and Ethekwini was still to let EnviroServ know. It should come as no surprise that the Minister has no problem letting the challenge to the legislation languish, while EnviroServ use this to their advantage to delay justice in the criminal court.
The Community is again the one which is prejudiced. It will also come as no surprise if Ethekwini assist their buddies, EnviroServ, just like they have in failing to deal with any of the appeals launched by UHA and community members against the grant of the Scheduled Trade Permits issued to EnviroServ.
The Green Scorpions Criminal Case against EnviroServ and its Directors set for Friday the 18th of October at the Durban Magistrates Court, will be adjourned for trial as at least they seem to have grown tired of the delay tactics.
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]]>The post DEFF or DEAF? appeared first on Upper Highway Air.
]]>In contradictory terms, she claimed there had been a containment of odours yet the DEA monitor showed that the breaches of the WHO odour annoyance limits were few and far between and of short duration. The DEA monitor proved that in the 45 day period covered by the data provided to UHA, there had been 71 breaches.
The Minister also contradictorily contended that despite there being a containment of odours, that the license conditions must be reviewed to ensure measures are included to prevent and reduce fugitive emissions, this was to include the construction of the permanent flare which is 1.5 years already overdue. This review of the license will not take place until a few months have elapsed. A review which is also overdue, as this was supposed to be done in April 2019 already and in respect of the whole license, not just some of its conditions. It seems the DEFF have already determined that the license will remain valid for the next 5 years.
What this all means, is that the stink continues, and the decision to uplift will have to be challenged by way of a review to the High Court, if the community so mandates, or the Green Scorpions and Minister will have to be directly prevailed upon by community members to take steps to suspend the license again if the stink continues, as it appears it will. For those of you who have already smelt the dump again, there appears to be little chance of it miraculously disappearing, and the Minister seems to think that 71 breaches in 45 days, is few and far between.
The Criminal matter is still pending, and despite EnviroServ claiming it wanted to adjourn the Constitutional challenge to the provisions under which it is being charged in order to negotiate a guilty plea deal, they have not done so. No doubt this was just a delay tactic once more. They simply cannot be taken at their word.
The Municipality has still not prosecuted any of the appeals against the Scheduled Trade Permits granted to EnviroServ, both that in October 2018 or that in July 2019. It deliberately refuses to process the appeals, meaning one cannot review those decisions until the internal appeal are complete. This deliberate, and quite frankly corrupt conduct, is the subject of a complaint to the Public Protector and the CIIU of the Municipality which UHA have initiated.
The Constitutional Challenge is set down for the 15th of November 2019, and the Criminal hearing is set down for 18th October 2019.
UHA will be attending the hearing on the 15 November 2019 to oppose the Constitutional Challenge. You are welcome to attend should you support our laws not being changed to allow for more pollution and environmental degredation.
The civil claim against EnviroServ is still pending, and EnviroServ have despite repeated promises, still failed to discover documents they intend to use at the trial.
EnviroServ still control the monitoring committee, rubber-stamping their agenda so that they can claim in the press that the “independent monitoring committee” endorses and supports them trading.
A public meeting will be convened to discuss the Minister’s latest decision, but this does not stop the community directly addressing the Green Scorpions and the Minister to take action against the continuing stink which should be done. Continued reporting of the stink is also very important.
Lastly, while EnviroServ abuses the Court processes to continually avoid any accountability we urge the community to exercise the commercial power they do have and that is to BOYCOTT EnviroServ and ANY CLIENTS USING THEM FOR BUSINESS, because their Rands and cents are all they care about, not your health or well-being!
We also suggest the community revert to lawful protest action as many of you want to.
Remember, if you do not report it, it did not happen.
Please continue to report, support and donate.
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]]>The post Minister uplifts suspension in toto appeared first on Upper Highway Air.
]]>The Minister stated that she is happy with their containment of odours and that the H2S levels have shown a significant decrease and that the episodes are few and far between. Ironically, she has also requested the license conditions be amended to include remedial and preventative measures. We await the amended license.
To read her decision – please click here.
The post Minister uplifts suspension in toto appeared first on Upper Highway Air.
]]>The post GREEN SCORPIONS VS ENVIROSERV CONSITITUTIONAL COURT CHALLENGE appeared first on Upper Highway Air.
]]>UHA will be given an opportunity to give input as representatives of the affected communities/victims.
Previous post about this can be read here.
The post GREEN SCORPIONS VS ENVIROSERV CONSITITUTIONAL COURT CHALLENGE appeared first on Upper Highway Air.
]]>The post Site visit and monitoring comittee meeting, June 20th 2019 appeared first on Upper Highway Air.
]]>With this said, EnviroServ have once again unilaterally called for a Monitoring Committee meeting on June, 20th (details below). This has been done so that they can have a railroaded vote in favour of this upliftment of the suspension.
Site visit at 1pm,
MC meeting 3pm (Kwa Linda Hall, KwaNdengezi).
MC agenda
MC minutes from previous meeting
As other members seem to attend without mandate, if you would like to be heard and raise your concerns, we urge you to attend this meeting.
Please continue to report, support and donate.
The post Site visit and monitoring comittee meeting, June 20th 2019 appeared first on Upper Highway Air.
]]>The post EnviroServ claims no more smell & requests permission to trade freely again appeared first on Upper Highway Air.
]]>This suspension was first varied by the Minister’s appeal decision in December 2017, when she allowed the receipt of solid inorganic waste which did not contain sulphur, and again on 7 March 2019, when she allowed them to receive Municipal Solid Waste and Medical waste in addition to the prior waste allowed.
We contracted our experts to assist with the response to EnviroServ’s submissions, which has cost UHA approximately R100k (we have not yet received all the invoices). The results of further testing undertaken, in particular the possible deposition of Mercury as a result of the operation of the flare, were also submitted.
It is also apparent from the work undertaken by our experts that EnviroServ persists in its false reporting to the authorities that none of the complaints received can be related to the Landfill. Our experts, WSP, have highlighted the failure by EnviroServ’s Dr Schoonraad to conduct the analysis in accordance with the most basic scientific methods and principles and the fact that his analyses are also not conducted in accordance with the Minister’s directives in December 2017.
The summary table containing EnviroServ’s request and UHA’s response can be seen below for your information.
Remember to report, support and donate.
The post EnviroServ claims no more smell & requests permission to trade freely again appeared first on Upper Highway Air.
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