CONFUSION IS mounting over which Government body is legally responsible for illegal vendor removal, with the Kingston and St. Andrew Corporation (KSAC) virtually washing its hands off the process, and the National Solid Waste Management Authority (NSWMA), which was granted legal responsibility two years ago still not clear on its jurisdiction.
Chairman of the NSWMA Alston Stewart told The Gleaner Tuesday that he was awaiting directive from the Attorney-General's Office on "some grey areas that need to be clarified", as among other things, though the Authority is mandated to effectively manage solid waste that is deemed obtrusive and a waste, the KSAC still has the right to grant authority to persons to erect billboards, to vend and to do trading. The laws of prosecution have also not been transferred to the NSWMA.
The confusion sparked some debate at the KSAC Council meeting yesterday, as Councillors complained that the public was blaming them for not acting on issues that had been removed from their
jurisdiction.
One such complaint came after Town Clerk Errol Greene said that the regulation for the KSAC Litter Act had been repealed to make way for the National Solid Waste Management Act(2001). He said that having sought the advice of the Attorney-General, the directive was that vendor removal was the responsibility of the NSWMA and not the KSAC.
Councillor Angela Brown-Burke said that confusions like these made it difficult for the local authority to perform the role that they should when "piece by piece subjects and matters that should rest with us is wrestled from us."
"We need to make the public aware that most of the things that we're being lambasted for as a council is not our responsibility," another Councillor argued. "The public perception is that all these things fall under the office of the KSAC, but all these agencies have the resources and the responsibility and are not doing their jobs and we get the blame."
The NSWMA took over parts of the KSAC's functions in 2001 and it is now responsible for the regulation and management of the solid waste sector. This includes advancing public health and safety standards and educating the public about safe and efficient waste disposal methods.
"Technically we seem to be responsible for it (vendor removal)," Mr. Stewart said. "The Attorney-General's office supports that view but some areas still need to be
clarified."
He said that response from the Attorney General to his queries for these clarifications were pending. "In the meantime it can only be a joint effort," Mr. Stewart said.
The NSWMA has been working with the KSAC in its weekend cleanup efforts in Downtown Kingston as Mr. Greene concedes that the Authority alone "does not have the weight that the KSAC has in terms of enforcement."
Both men agreed that the joint efforts will continue until clarification is available.
And regarding the success of the last cleanup attempts on Sunday night, Mr Greene said: "I have been advised by the police high command that they have actively recruited and trained persons for that responsibility of ensuring
compliance."
"After working until 4'o clock Sunday morning we were shocked that vendors were back, (but the police) committed that 50 special constables would be deployed downtown yesterday, to ensure zero tolerance," he said. "The KSAC cannot play dead as we have the responsibility for municipal matters and cannot allow the decay that is happening to continue. We will not be silent, we will not rest until this issue is dealt with."
