Right of reply: ERA reacts to MaltaToday editorial on scrapyard fires

The Environment and Resources Authority has sent in this right of reply in response to MaltaToday’s editorial People Are Owed An Explanation On Scrapyard Fires.

"The Environment and Resources Authority has consistently enforced the law at the site of the Marsa scrapyard fire, whose compliance permit in 2022 was issued following hundreds of inspections. Claims that the ERA renewed this permit in 2022 “despite” breaches are untrue, as operators that reach compliance standards at law qualify for an environmental permit for their activities. Since 2022, another 37 follow-up inspections were carried out at the Marsa site of JAC Steel, leading to the issuance of administrative fines, Stop & Compliance Orders, and clear instructions to address non‑compliances, in line with the powers of the Environment Protection Act.

Following the fire incident in 2021, ERA carried out hundreds of inspections on the site to ensure the facility reaches compliance: Each inspection produced detailed reports of shortcomings that mandated immediate corrective actions. Common irregularities included repairs to boundary walls, proper sorting of waste, and safe storage of different waste categories. Where the operator failed to act, ERA imposed fines and stop notices without hesitation.

Permit EP 0025/22 was issued in 2022 only after the operator reached the compliance standards required by law. All actions undertaken by ERA have to be taken in line with the laws that govern its mandate.

Permit EP 0025/22 included specific guidance on the storing of waste in designated areas, and specific provisions for the storing of batteries, oils, ELVs and other such dangerous waste. It has to be noted that fire-safety measures are not part of the ERA mandate, neither are they part of the compliance standards required for an environmental permit. Irrespective of this, ERA did recommend that the operator implements fire-safety measures, for which JAC Steel engaged an independent fire engineer to provide fire contingency planning. These reports indicate all the necessary fire prevention measures that have to be implemented in consultation with the Civil Protection Department for their oversight.

Of the 37 inspections carried out at since 2022, 21 were routine inspections; 8 inspections over complaints about waste pile height, odours or leaking oil; 5 inspections to take coring samples from waste piles, and 3 follow-up and site meetings. The aim of these numerous inspections were to keep guiding the operator towards full compliance as mandated by the law. ERA views all waste-management facilities as part of Malta’s essential environmental infrastructure. ERA must ensure these facilities are constantly in compliance with minimum standards—through inspection, guidance and monitoring—so that it can also ensure the proper functioning of the national waste system.

JAC Steel was fined a total of €61,000, faced forfeiture of €9,000 from a bank guarantee, and received multiple stop and enforcement notices—actions that demonstrate ERA’s strict adherence to the law, with evidence‑based assessments, and a zero‑tolerance approach to non‑compliance.

Claims to the contrary are simply not supported by the facts.  ERA remains committed to ensuring that all waste‑management facilities operate within the law, through rigorous inspection, guidance, and enforcement."