THE JAMAICA Environment Trust (JET) is alarmed at the repeated failure of the National Environment and Planning Agency (NEPA) to carry out its regulatory function. Citing a number of illegal concrete batching plants on the north coast, JET's CEO, Diana McCaulay, says NEPA is not enforcing its own law.
JET has sought and obtained documents under the Access to Information Act on the Jamaica Pre-Mix Concrete Batching plant located near to the Pinero Group hotel development at Pear Tree Bottom, Runaway Bay. According to the documents supplied by NEPA, St. Ann Enforcement Officer, Charmaine Morris, noticed the plant during site visits on November 9 and 15, 2005. It was operating without the required permits under the Natural Resources Conservation Authority Permit (NRCA) and Licences Regulations, or the Town and Country Planning Act. Ms. Morris recommended that a cessation order be issued until all approvals were obtained. NEPA issued two cessation orders, one dated December 13, 2005 and the other dated January 6, 2006. However, the plant continued to operate.
"NEPA wrote us on February 22, in response to our ATI request, stating that Jamaica Pre-Mix's application for a permit has been approved, but not yet issued. Not only has NEPA allowed this plant to continue operating in clear breach of the law and in defiance of their own cessation order, but they have not issued the permit so Jamaica Pre-Mix does not know the terms and conditions under which they are to operate," Ms. McCaulay said.
NO PERMIT
JET contends the situation at Pear Tree Bottom is not an isolated case. A concrete batching plant associated with the Iberostar hotel development at Lilliput near Montego Bay has also started without a permit or a public meeting.
Dawn Sterling, a citizen of the area, says that the plant just started one day. "The health impacts are awful," said Ms. Sterling. "The plant operates day and night and we are covered with particles of dust and sand. I have reported the matter to the Ministry of Land and the Environment, the St. James Parish Council, NEPA and the Member of Parliament for the area. NEPA has visited and taken pictures but nothing has been done."
More than 200 residents of Runaway Bay have objected to another concrete batching plant proposed for an area adjacent to Seafood Giant in the town. Executive director of the Northern Jamaica Conservation Association, Wendy Lee said, "This is an industrial facility that is totally incompatible with the existing neighbourhood, which is a residential and resort area. It is almost beyond belief that NEPA or the Parish Council could consider subjecting the residents of the area to the dust, noise, traffic and other health hazards associated with a concrete batching plant. The people of Runaway Bay have no intention of allowing this plant to be built."
The environmental groups say this is a typical example of enforcement and planning failures that result in environmental damage and adverse effects on public health.