Issue link: https://maltatoday.uberflip.com/i/1504697
4 maltatoday | SUNDAY • 30 JULY 2023 NEWS JAMES DEBONO THE Environment and Planning Tribunal has confirmed that the dumping of grit-blasting waste under a concrete platform that had been erected in 2012 at the Cospicua shipyard was in breach of regulations but has ordered the authorities to amend the en- forcement order issued in 2016 to omit reference to the breach of waste management regulations. The enforcement was issued in 2016, nearly two years after en- forcement officers collected sam- ples from a concrete platform near the Smithery block during a well-publicised inspection of the site. In its decision, the Tribunal said that the evidence submitted clearly showed "that the material found under the platform con- sisted of used grit." Palumbo claimed that when it took over the shipyards in 2010, it had found a patch of dilapi- dated land that for decades had been used for grit-blasting and painting activities. They claimed the works took place to level out the rough terrain, and that the area had been cleaned thorough- ly before cementing, with any grit-blasting remnants deposited there before assuming ownership of the shipyard. While the tribunal could not de- termine when the grit was actual- ly produced, Palumbo had been responsible for operations at the dockyard since 2010, meaning it was obliged to clean the site from the grit. Palumbo failed to present any evidence that the site had been cleaned from any grit from pre- vious operations when the con- crete platform was erected. The grit samples indicated a layer that was between 11.5-32cm, noting that the amount of material was "not insignificant" and amounted to at least 460 cubic metres. Palumbo's claim that its 2012 works on the platform had not included any additional levels over and above the original plat- form, was contradicted by the PA's investigations that found the original concrete platform located under a layer containing the grit, which was later buried under a new layer of concrete. The Tribunal also noted that Palumbo was well aware of its obligations to clean the site and to export the material to a foreign facility, to the extent that a per- mit to export the grit was issued in March 2013. "Still it results that while the applicant was ful- ly aware of its duty to export this waste, for unknown reasons they still chose to dump some of this material under a new concrete platform," the Tribunal said. Palumbo report: waste was not hazardous During proceedings Palumbo presented a report prepared by SAL Ltd, an accredited labora- tory in Manchester, concluding that "the site (where the grit was found) could overall be classed as a non-hazardous one." But the Tribunal concluded that the toxicity levels of the material were irrelevant to the case. Tests carried out by Prof. Alfred Vel- la on the behalf of the PA were meant to determine whether grit material had been deposited or not, and not to determine wheth- er this was hazardous or not. "The report commissioned by the appellant does not contradict the conclusion of Vella's study which confirmed that the mate- rial found consisted of used grit." The Tribunal concluded that the whole question of whether the material found was hazard- ous or not did not fell in its remit, also because the enforcement no- tice did not indicate that the grit was hazardous. PA ordered to amend enforce- ment notice While the Tribunal turned down three out of the four grounds raised by Palumbo in the appeal, it partly accepted the ap- pellant's argument that it was not in breach of waste regulations is- sued in 2011 as indicated in the enforcement notice. The Tribunal reached this con- clusion after noting that through- out the proceedings, ERA and PA officials had failed to show how Palumbo was in breach of these regulations. Moreover, ERA had also confirmed that the dockyard has a designated area next to Dock 6 where grit is stored for export and that various permits had been issued for the export of this waste. In view of this the tribunal gave the PA 30 days to amend the en- forcement notice and eliminate any reference to the breach of waste regulations. This means that after the enforcement order is amended Palumbo will have to present a 'method statement' to show how the now buried grit will be recovered, treated and transported from the site. Fol- lowing approval of the 'method statement', Palumbo will have to complete the removal of the grit waste in six months. jdebono@mediatoday.com.mt Palumbo dumped grit under cement platform – tribunal But Tribunal has asked Planning Authority to correct enforcement notice by removing reference to breach of waste regulations in its notice