Govt response to fuel leak report 'woefully inadequate', lawyer says

Fri, Apr 24th 2015, 10:24 PM

Environmental attorney Romauld Ferreira of Ferreira and Co. said yesterday it is "woefully unacceptable" for any government official to say he or she is satisfied with the government's response to a Rubis gas station fuel spill more than two years ago, He was referring to comments Marathon MP Jerome Fitzgerald and Minister for the Environment Kenred Dorsett made about the spill.

On Monday, Fitzgerald said he is satisfied that government officials are doing what needs to be done to address the matter. Fitzgerald said he understands the "reasons and rationale" behind the decision to withhold the document.

Dorsett has suggested that the education campaign following the spill could have been more transparent.

"If they are saying that they are satisfied with their response then that means that they are satisfied with Bahamian citizens being exposed to nine thousand, nine hundred times higher prescribed limits than in The United States," he said.

"If they are saying they are satisfied with their response then they are really saying that they are satisfied that doing nothing for almost three years about that danger is acceptable. I leave that to the readers to determine whether that is acceptable or not."

Black & Veatch completed a report on the spill on February 20, 2014. It concluded that residents who live and work near the Rubis gas station on Robinson Road were exposed to chemicals that could create health risks.

The consultants also revealed that ground contamination levels of benzene at several homes in the vicinity of the Rubis on Robinson Road in May 2013 were hundreds of times, and in some cases thousands of times higher than the acceptable screening levels in The United States.

Ferreira referred to chapter 232 section three of the Environmental Health Act, which states, "the minister is charged with the responsibility of promoting and protecting the public health and providing for and ensuring the conservation and maintenance of the environment.

"In particular, it is the responsibility of the minister to regulate, monitor and control the actual likely contamination or pollution of the environment from any source, ensure compliance in all matters and activities relating thereto and establish minimum standards required for a clean, healthy and aesthetically pleasing environment."

Director of the Bahamas Environment, Science and Technology (BEST) Commission Philip Weech indicated during a town meeting last Thursday that the agency did not release the report because it did not have the approval of the Office of the Attorney General to do so.

Ferreira said the timeline speaks for itself. He also said the BEST commission made a decision to release the report on its website only "in the face of great public outcry after we raised the alarm" during that meeting. He said Bahamians have been calling on the government to enact a Freedom of Information Act and a Bahamas Environmental Protection Act to protect them when the government "does nothing". But one Progressive Liberal Party MP has objected to the government's response.

Fort Charlotte MP Dr. Andre Rollins said he is "sickened" by the lack of compassion the government has shown to the people of Marathon regarding the spill. He said he has given notice that at the next sitting of the House of Assembly he will move for the appointment of a select committee to investigate the spill.

Responding to questions about a class action lawsuit, Ferreira said a second town meeting will be called to discuss the way forward. He said it is critical to determine how many residents have been impacted.

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