‘Why I did not report Falzon Waste Oils’

“We did not heed MEPA’s advice because Falzon Waste Oils rectified their position there and then when the illegality was discovered, and they remained compliant during subsequent monitoring which was conducted without their knowledge.”

This is engineer Mark Muscat’s justification for not heeding an official letter sent to him by MEPA’s former director for environment protection Martin Seychell on 6 April 2009.

The letter, tabled in parliament on Tuesday, referred to an inspection carried out on 2 April 2009 by MEPA and WSC officials from which it transpired that “illegal dumping of waste oils was being carried out in the public sewer” by Falzon Waste Oils through a hole in the floor of a lavatory in its premises near MEPA’s Hexagon House, which has been plagued by repeated foul smells that prompted employee walkouts.

“In this regard, MEPA is kindly requesting the WSC to consider taking definitive legal measures against Falzon Waste Oils since this entity is in direct breach of legislation that falls within the WSC’s remit,” Seychell wrote in his letter to Muscat.

Seychell also offered MEPA’s full assistance “in respect of witnesses and other evidence” collected by MEPA officials during the inspections.

Interviewed by MaltaToday, Muscat acknowledged that “technically the law is very clear and such cases should be reported to the police for prosecution.”

But he insists that in this and similar cases the WSC prefers to ensure compliance rather than prosecute offenders. “Our approach in these cases is educational… otherwise we will end up prosecuting people who dispose farm waste, brine and even storm water who are also technically in breach of the law. This is the approach we take with restaurants who dispose oil in the public sewers.”

When asked directly why he failed to heed Seychell’s advice, Muscat replied that he took note of it even if he was a bit surprised “considering that it was the first advisory of this nature” and that he was free not to follow it up, mentioning cases related to storm water issue where MEPA did not take his advice.

Muscat excludes Hexagon connection

Muscat also insists that the waste oils case is not linked to the smells at Hexagon House. Muscat categorically excludes that the discharge of waste oils by Falzon was in any way connected to the smells at Hexagon House.

The only link between the two issues was that Falzon Waste Oils was apprehended during an investigation on the source of the smells.

In March 2009 a sample taken from the Marsa pumping station revealed traces of hydrocarbons. This was followed up by an investigation of possible sources and on an inspection held on 2 April, a pipe disposing waste oil was discovered at Falzon Waste Oils.

“The owners immediately rectified this situation but we did not stop there. Without them knowing, we kept monitoring the situation by putting a sampler (a device which can detect pollutants in the drains) in the public drains outside the premises. From this investigation it clearly emerged that there were no further illegal discharges by the company.”

Despite their compliance, Muscat kept insisting with Falzon Waste Oils to sign a “discharge permit” in which they clearly declare that they are not discharging industrial waste into the drainage system. This permit was issued together with an Integrated Pollution Control Permit (IPCC) by MEPA.

“In this way, if they discharge any industrial waste in the drainage system, they will be in breach of the law.”

But that was not the end of investigations on the source of the Hexagon House smells.  During the latest investigation conducted this year following a new report on odours, a sampler was put again in the drains.

“This clearly showed that there was no problem in the drains. It is clear that the smell is not originating from there… I can completely exclude that the cause of the smells is related to waste water in the drains.”

Following a report by Labour MP Leo Brincat the police have now initiated legal proceedings against Falzon Waste Oils. Six WSC employees have been asked to take the witness stand.  “If found guilty he will probably have to pay a small fine… I prefer educating people than  having me employees spend hours in court cases.”

Customer contract

But Muscat admits that illegal discharges are very costly to the WSC, to the extent that this matter is even included in a proposed Customer Contract which will be signed by the corporation and its clients.

The contract stipulates that clients will “not dump oils, fats and greases or any other material which can block the sewage system.” Neither are households allowed to dump chlorides (salts) or chemicals banned by law.

Commercial and industrial establishments must abide to Sewage Discharge Permit regulations and cannot connect the storm-water drain from rood and yards to the waste water system.

Muscat laments that discharges are not only costly but can create inconvenience to residents.

One such blockage resulted in a major disruption in Cospicua on Thursday. In this case the culprit was waste from an unidentifiable farm.