The Environmental Health Directorate has shrugged off responsibility for potentially toxic fumes emitted by a tarmac plant, saying it first needed reports showing “adverse medical effects” on people’s health before it can legally take action.
The stand taken by the directorate, which operates under the remit of the Superintendent of Public Health, infuriated concerned residents living near the San Ġwann tarmac plant, with one saying this was “totally unacceptable” and others calling for the amendment of any laws tying the hands of the authorities.
Last week, Times of Malta reported how residents of San Ġwann, Iklin and surrounding areas raised fresh complaints about a toxic smell of tarmac that infiltrated closed windows at night from the Bitmac asphalt plant in Tal-Balal Road. The “suffocating” smell happened at night, on average once a week for the past three years, the residents said.
They reported their concerns to both the Environmental Health Directorate (EHD) and the Environment and Resources Authority (ERA).
EHD said: “The concerns about emissions from the Bitmac tarmac factory have already been raised by the EHD with ERA, since the EHD’s remit is to investigate any reports brought to its attention showing health grievances as a result of emissions. To date, EHD has not received reports showing adverse medical effects from emissions on residents’ health. Should such reports be presented, the directorate will be able to formally investigate and take further legal action.”
Meanwhile, ERA replied saying it investigates every report it receives, including the ones related to the indicated plant.
Why should we first wait for people to get sick and then do something?
“These investigations indicated that from an environmental perspective, the processing plant in question has mitigation measures in place to reduce its emissions. However, this does not necessarily mean that no smells are emitted in the manufacturing process, as indicated by the reports from the public.”
The polluter should prove safety, not the residents
The residents have had enough of hearing they must first prove a health risk before the health authorities can take action.
Francis Micallef, from Balzan, an industrial chemist by profession, said: “The onus is on the potential polluter not the victims. Did they not learn anything from the Thalidomide story or the Pacific Gas. They are just trying to slip out of it.”
Thalidomide was a drug prescribed to pregnant women to combat morning sickness between the late 1950s and 1961. It was withdrawn after it emerged it was causing severe malformations and deaths in babies. Also, in the 1950s, Pacific Gas and Electric Company installed a compressor station near the town of Hinkley, California, US. Residents later learned that groundwater was polluted with chromium 6, a cancer-causing heavy metal.
San Ġwann resident Ruth Mercieca, who is a member of Moviment Graffitti, said: “What is the point of health authorities if they do nothing to prevent people from getting sick? Why should we first wait for people to get sick with potential fatal outcomes and then, maybe, actually do something?.... This only shows that our authorities are toothless and totally ineffective. If the current law does not allow them to do anything to prevent, then the law should be amended.”
Iklin mayor Dorian Sciberras agrees that the State had the primary role to protect its citizens. “By putting the onus of proof on the citizens – being the potential victims – one is just creating unnecessary hurdles in the process.”
San Ġwann mayor Trevor Fenech added: “We have made a formal request to ERA to investigate and we believe that both ERA and EHD are the competent authorities on the matter. All measures need to be taken to mitigate the smell coming out of this plant.”
Meanwhile, following a request by residents, the ombudsman has embarked on a two-pronged investigation.
The commissioner for environment and planning is looking into environmental concerns with ERA and the commissioner for health is examining the environmental health issues with EHD.