Judgment in Isla case

August 17, 2009 6:24 AM

The Court of First Instance for administrative procedures ordered in the case against the Isla refinery (the Curacao refinery run by Venezuela’s state-owned oil company PDVSA) that the Island Executive has to take action against the Isla refinery since it is exceeding the license it obtained based on the Nuisance Act Ordinance.

The foundation ‘Stichting Schoon Milieu op Curaçao’, SMOC (Clean Environment in Curacao) has instituted legal proceedings almost three years ago demanding the Island Executive to take action against the Isla for constant violation of the granted license based on the Nuisance Act Ordinance. SMOC states that the Isla exceeds the annual average norm regarding the emissions of sulpher dioxide and TSP (Total Suspended Particulates), causing health damage to residents nearby the refinery.

The Island Executive gave the Isla a license in 1997 based on the Nuisance Act Ordinance. A document is attached to this license (“attachment F”) that contains the requirements regarding the environment regulation. In its official capacity or upon request of any interested party, the Island Executive can take action against any offender of the Nuisance Act Ordinance according to article 34 of this Ordinance. The Island Executive can prohibit certain activities and even impose a penalty in case of non-compliance. According to the Court, the Island Executive, as the license issuer, is obliged to take the necessary measures if the annual average norm of emissions of sulpher dioxide and TSP is being exceeded. The Court, in the administrative procedures, ordered the Island Executive to decide within four months if and how they will make use of the right to take action against Isla.

There was also a civil case against Isla. Recently the Court of First Instance ordered in the civil case against Isla that Isla has to lower emissions by 2010 or high fines will be inflicted. Legal proceedings against Isla were instituted by residents who live nearby the refinery, as well as by SMOC and by ‘Stichting Humanitaire Zorg Curaçao’ (Human Health Foundation).

Starting from 2010 the Isla faces a fine of five million Antillean guilders if its sulphur dioxide emission exceeds the environmental standard that regulates the annual average norm of sulphur dioxide emission in the area of the Jewish cemetery “Beth Chaim”. Besides the aforementioned fine, the Isla also faces a fine of half a million Antillean guilders if it exceeds the yearly average standard for the TSP emission more then 18 times a year.

The Island Executive has always stated not to be able to take action against the Isla by forcing it to comply with the norms to lower the sulphur dioxide and TSP emission due to the fact that as a consequence Isla would be forced to close down. Isla claims that lowering the emissions would require big investments. The Court of First Instance has ordered however, that it can be expected of Isla to carry out such investments since complying with the environmental standards is of high importance. Based on reports by experts, the Court is of the assumption that the Isla is able to carry out the investment needed to meet stricter emissions standards at the refinery. 

(Source: www.ekvandoorne.com)

August, 2009