The Department of Environment and Coastal Resources (DECR) has said its courtroom victory last week against the TCI Fuel Giant Sun Oil Limited, previously known as Shell Bahamas, signals its strong commitment to prosecuting big businesses for pollution in the Turks and Caicos Islands.
“These islands are beautiful by natures, and the DECR has a mammoth task to ensure that the environment is not destroyed. Armed with newly established anti-pollution ordinances, the DECR will take all steps necessary to ensure that all polluters pay, it makes perfect sense that if you pollute this environment then you should pay the cost” explained the Director of the DECR, Mr. Wesley Clerveaux.
On December 30, 2010, there was a spill of approximately 721 gallons of diesel fuel at the Sun Oil pump facility on South Dock, Providenciales. Although much of the spill was absorbed into the soil, approximately 100 gallons of the offensive substance reached the marine environment.
The DECR presented evidence which showed that numerous inspections of the facility were conducted by staff of the DECR in collaboration with the Fire and Rescue Department on November 17, 18, and 19, prior to the spill. Following these inspections, a report was prepared of the findings and the departments concerns over the rusted pipes as a potential source of leakage was shared with the company. The DECR urged the company to take urgent remedial actions to avoid an eminent accident or disaster.
The defendants explained that the spill occurred as a result of repair works which were being undertaken at the pump station, and as such offered apologies to the court for the miss-hap. Since the spill, the company was able to show that they took immediate action to clean-up the environment and fast-track repair and remedial work to the fuel pump station.
The Magistrate in considering the matter took into account the circumstances which led to the spill and the remedial actions which were undertaken by Sun Oil, and ordered a fine of $10,000.00 or six months imprisonment.
The Coastal Protection Ordinance 1992 states that “every person who places or deposits …..any offensive substance on the coast, or who causes of allows any offensive substance to be deposited in the sea…..shall be guilty of an offence and liable on conviction to compensate the owner or owners of such coast for all damage done as a direct or indirect result of the offence and shall be further liable on summary conviction to a fine of $25,000.00 or to a term of imprisonment for two years.”
