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Legal Action to be Taken Against Windalco

By: , August 7, 2022

The Key Point:

In a press release on Friday (August 5), the Prime Minister disclosed that the National Environment and Planning Agency (NEPA) intends to serve a Notice of Intention to suspend the environmental permits and licences of Windalco and to bring legal action against the company for breaches of the Wildlife Protection Act and the Natural Resources Conservation Act.
Legal Action to be Taken Against Windalco
Photo: File
Prime Minister the Most Hon. Andrew Holness.

The Facts

  • In the meantime, Prime Minister Holness said he has also been advised that the National Resources Conversation Authority (NRCA) has written to the commercial bank holding the environmental performance bond (EPB) posted by Windalco, to recover the full amount in favour of the NRCA.

The Full Story

Prime Minister, the Most Hon. Andrew Holness, says action will be taken to prosecute bauxite and alumina company Windalco, following the recent pollution and fish kill in the Rio Cobre, St. Catherine.

In a press release on Friday (August 5), the Prime Minister disclosed that the National Environment and Planning Agency (NEPA) intends to serve a Notice of Intention to suspend the environmental permits and licences of Windalco and to bring legal action against the company for breaches of the Wildlife Protection Act and the Natural Resources Conservation Act.

Additionally, NEPA CEO, Peter Knight, speaking at a press conference today, said that “further action will be pursued against the company, mandating it to improve its environmental accountability and stewardship to prevent any recurrence of similar pollution incidents”.

From NEPA’s assessment, it is understood that Windalco, in losing control of its processes, has caused the release of thousands of litres of harmful trade effluent containing sodium hydroxide (caustic soda) from the effluent holding pond (EHP) at the Charlemont Mud Stacking and Drying Facility into the environment, by way of the tributaries of the Rio Cobre. The incident occurred during the period July 26 to August 4.

Mr. Knight said a meeting has been called with the company, which will take place next Monday (August 8).

In the meantime, Prime Minister Holness said he has also been advised that the National Resources Conversation Authority (NRCA) has written to the commercial bank holding the environmental performance bond (EPB) posted by Windalco, to recover the full amount in favour of the NRCA.

The company has been directed to replenish the EPB as soon as the drawdown is completed.

The Prime Minister said that the incident is “wholly unacceptable” and having “devastating impacts”.

He recommitted to Jamaicans that the amendments required to increase fines and penalties for environmental breaches will come to Parliament in the coming months.

He said, further, that the Government will be implementing a water-safety plan for the entire Rio Cobre system.

Mr. Holness also indicated intentions to pursue action against Windalco in a sitting of Parliament today.

Last Updated: August 8, 2022

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