"Isla should not be allowed to continue to cause damage"

November 16, 2009 7:09 AM

“The residents have experienced the dangers of an improper procedure with the cat cracker – which Isla by the way had also mentioned in their appeal – two weeks ago, when they had been overtaken by an emission of poisonous white dust again.”

Lawyer Sandra in ‘t Veld had brought up the aforementioned during the hearing of the appeal in the case the neighbors of the Isla had instituted. The lawyer represented the Foundation Clean Environment Curaçao (Smoc). Smoc had appealed because they considered the imposed fine of 5 million guilders per year for the Isla, upon violating the environment standards for emission, too low .
“The fear for of an explosion appears reasonable. How much more does it take before prompt action is required?” In ‘t Veld wonders. The Isla had complained about the prejudice of the judge. However, their appeals do not reveal anything new in the case, according to Smoc.

The case is simple, says In ‘t Veld. “One only has to look at the torching and the soot clouds above the refinery. This is not normal and should be stopped immediately. The Isla is trying to complicate the case by putting up thick smoke screens. They are continuously bringing up irrelevant permit aspects that belong in the administrative case. Of course, this does not imply that the case is no longer suitable for a disciplinary measure. Furthermore, the urgency has only increased in the meantime due to the interval of time and the many incidents during that period which will only increase the threat of a disaster. In essence, the case is therefore very simple and it should be kept simple. The Isla is acting unlawfully by knowingly causing at least eighteen untimely deaths and thousands of cases of illnesses, closure of schools and other material and immaterial damage. The damaging actions could be terminated almost immediately by appropriate investments, as the Isla has known all those years but refuses to do so. Closing down the refinery entirely does not appear necessary just yet, although according to Isla, this is the only option to terminate their unlawful actions. However, in the end the decision is up to Isla.”

This purely concerns the termination of the damaging actions caused by Isla, Smoc stated. For that purpose, the residents had changed their demand by deed of November 5th, 2009. They alternatively demand the compliance of independent minimum judging measures for unlawful acting, which implies an 80 µg/m3 SO2 as an annual average concentration on livability and a 365 µg/m3 as a 24-hour average on livability.

“No one should be should be allowed to cause affliction and damage with impunity in a constitutional state. Everything should be done to stop this situation immediately. One would naturally expect that this is the government’s responsibility. However, it is up to the civil judge to act if the government neglects their protecting task. The former could certainly be entrusted with that task. I wish to conclude with the order that had been laid down by CDMR in 1983(!), upon request of the Board of Governors of the island territory Curaçao in the published ‘Environment Research Shell Curaçao’, “To the residents of Marchena, Wishi, Gasparitu and Rosendaal. That they may be released from the ever present nasty smell and sooty emission”.”

(Source: National Newspaper Amigoe)

14 November 2009