Durban - Enviroserv’s chief executive and several top managers intend bringing an application in the Durban Regional Court to have charges of violating environmental and air quality regulations that they are facing for operations at the firm's Shongweni landfill site set aside.
Chief executive Dean Thompson, group technical director Esme Gombault, operations manager Clive Kidd and waste disposal specialist Johan Schoonraad are facing charges under the Air Quality Act and the Waste Act relating to an offensive odour that allegedly emanated from the dump between 2015 and 2017.
According to the charge sheet, they are facing charges of not preventing the emission of offensive odour caused by activities on site, and failing to manage waste in such a manner that it does not cause a nuisance through odour, among others.
The matter was in court earlier this month and was postponed to December 14 for the managers to bring an interlocutory application in which they will object to the charges.
Thompson said EnviroServ through its legal counsel was asking that all criminal charges be set aside.
“Separately, there is an administrative appeal to our licence, by one organisation, to which we will respond in terms of legislation. Our operations remain compliant to the rigorous requirements set out by the relevant authorities,” Thompson said.
Albi Modise, the spokesperson for the Environmental Affairs Department, said local NPO Upper Highway Air had last month lodged an appeal against the department granting EnviroServ a reviewed waste management licence for the site in March. In the appeal the group claimed that the department had irregularly issued the licence to the company and that the 10-year extension had been based on outdated documents, and was irrational.
“EnviroServ's responding statement is due on or before August 24. The minister will then consider the matter. The deadline for the decision currently stands at November 16,” Modise said.
Several residents yesterday described the smell which they alleged emanated from the dump during low pressure weather systems as being “diesel-like” with an undertone of the stench of rubbish.
Gordon Jarvis said the smell was worse during rainy weather and he previously had to “close up everything and live like in a prison” in his home 3km from the dump. “It is a refinery type of smell like diesel or crude oil,” he said.
Jenny Gevers said she had picked up the smell for a few days over the past six months. She lives 3.5km from the dump. “It’s a mixture of diesel and petrol and a rubbish smell and it burns the eyes, nose and throat. Before a thunder storm when the pressure drops we then get the smell. It's usually worse in summer,” Gevers said.
The Mercury