The burning landfill on Pond Island. (File photo)
PHILIPSBURG–The Court of First Instance has yet to make a decision in the injunction filed in August 2018 by St. Maarten residents Barbara Cannegieter and Camiel Koster, and law firm Bergman Zwanikken Snow Essed (BZSE) against country St. Maarten; the Ministry of Public Housing, Spatial Planning, Environment and Infrastructure VROMI; and former landfill management company Robelto and Son (R&S) B.V. in Sucker Garden.
In the injunction, which was later joined by the Prosecutor’s Office, plaintiffs request that the Court order government and the garbage dump operator to take effective measures to prevent the emission of smoke, gases and stench at the landfill, and to conduct measurements of the toxic fumes and make these public.
In case of non-compliance, the judge is requested to attach to the verdict daily penalties of US $5,000, with a maximum of $1 million.
By means of monthly updates, country St. Maarten has kept litigants and the court abreast of developments at the dump on Pond Island. The seventh, most recent, progress report was submitted to the court by attorneys Aernout Kraaijeveld and Caroline van Hees of Gibson and Associates on June 14.
In the meantime, National Institute for Public Health and the Environment RIVM in the Netherlands has submitted its report about the dump fires.
In their most recent progress report, government’s lawyers contest plaintiffs’ claim that the problems with smoke, stench and gasses emitted at the dump have still not been solved.
Government agrees that the underground fires have not yet been extinguished, but states that “everyone” can see that no big fires have occurred.
Also, government says measures taken have proven successful, as the amount of smoke, stench and gases has become “negligible.”
Throughout the 10-month proceedings, country St. Maarten kept hammering at the fact that the problem with the dump fires cannot not be solved “just like that,” and certainly not within the framework of summary proceedings.
It was pointed out that St. Maarten is committed to the Fire Suppression Plan, which is part of the larger St. Maarten Recovery and Resilience Plan. “The commitment of Country [St. Maarten – Ed.] and the Minister of VROMI is, therefore, enormous,” the lawyers stated.
However, it was also explained that St. Maarten at any time has to adhere to World Bank conditions and protocols, but that government has proven that it is taking on the problems at the dump with urgency.
According to government, the Environmental and Social Impact Assessment and Resettlement Plan must be finalised and approved by the World Bank before the Fire Suppression Plan can be implemented.
Although the number of big fires at the dump has diminished compared with recent years, the problems still have not been solved, litigants claim. According to them, St. Maarten is “combating symptoms,” but the cause of the fires – the dump’s burning core – has not yet been addressed. Almost daily plaintiffs still suffer nuisance from the dump, they said.
The Court indicated during the hearing of September 2018 that it wanted the minister’s commitment that the problems with the dump would be solved by the end of July 2019.
“It is uncertain whether St. Maarten will be meeting this deadline. July 2019 does not seem feasible; September 2019 could still be realistic,” Koster and BZSE attorney Jelmer Snow stated in May.
Litigants are still seeking a verdict in this case. At the end of this month the Court is expected to plan another hearing, possibly the last one in this case, after which the judge is expected to render a verdict, attorney Koster said.
Source: The Daily Herald https://www.thedailyherald.sx/islands/88540-no-court-decision-in-dump-injunction-yet
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