JOURNALIST STORY: ENVIRONMENTAL JUSTICE AND CRIME – THE COYOTE AND THE SWIFT BIRD ITRICA

About 110 million cubic meters of wastewater, according to data from the State Statistics Office, are annually discharged into Macedonian rivers. To make the picture clearer, it is twice as much as the total amount of water that all the artificial lakes in the country have.

What percentage of this amount of wastewater is part of the industry?

It is very difficult to say because all large water users who have technological processes, do not have a permit to discharge water and do not properly measure the discharged wastewater. There is a lack of statistical data on what is happening in the field.

“From 2012 To 2019, The Ministry Of Environment, Which Issues Permit For The Use And Discharge Of Water, Issued A Total Of 767-770 Permits, Of Which Only 87 Refer To Permits For Water Discharge, Or 12% Of The Issued Permits. It Shows That There Is No Proper Proportion Between The Water Used And The Water Discharged.“

In this country, we often have the opportunity to witness concrete pollution of rivers and lakes, but justice hardly reaches the green side. The small practice of resolving cases related to ecology and endangering the right to a healthy environment in the country shows devastating data on the punishment of crime and irregularities. Processes are conducted in all courts, but the results lag.

“The Country Is A Signatory To International Conventions And Agreements That Define Human Rights, Including The Right To A Healthy Environment, Such As The European Convention On Human Rights (ECHR) And The Aarhus Convention. “

THE WHITE WATERS OF BREGALNICA ARE STILL WAITING FOR RESOLUTION

A year and a half after the waters of Bregalnica turned white, we are still waiting for a final epilogue. The genesis of the proceedings for the case that was current in the public went like this:

On June 23, 2020, near the settlement of Makedonka in Shtip, the river water completely turned white. The smell of polycolor further disturbed the citizens. For several hours, there was no change in the color of the water, nor in the smell coming from the river.

On the same day, Krim technique from the Police Station – Shtip and the Association of Sport Fishermen “Bregalnica” from Shtip took samples from the water and from the wastewater channel of the former textile factory “Makedonka”, which were delivered to an accredited laboratory in Skopje to determine what chemical caused the pollution.

“The Law On The Environment Is The Basic Law That Regulates The Protection Of The Environment. According To The Law, Environmental Pollution Is The Emission Of Polluting Substances And Substances, Which Is The Result Of Human Activity, In The Air, Water Or Soil, Which Can Be Harmful To The Quality Of The Environment, Life And Health Of People Or, Emission Of Pollutants Substances And Substances That May Cause Damage To Property Or That Disrupt Or Affect Biological And Regional Diversity And Other Ways Of Using The Environment. A Polluter Is Any Legal Or Physical Person Whose Action, Directly Or Indirectly, Causes Environmental Pollution.“

“The Law On Water, Among Other Things, Regulates The Treatment Of Urban Wastewater. According To The Legal Provisions, Waste Water Disposal Means The Collection, Removal, Purification And Discharge Of Waste Water From Domestic And Industrial Effluents (Waste Water That Does Not Originate From Nature), As Well As Collected Storm Water From Atmospheric Precipitation In Urbanized Areas. Municipalities Are Obliged To Collect, Remove And Purify The Waste Water That Originates Or Is Created In Their Area, Including The Removal Of Sludge. “

According to the principle of a high level of protection, everyone is obliged when undertaking activities or when performing activities to ensure a high level of protection of the environment and the life and health of people.

During the unloading of the chemical LITEX S 9070 in the “Technical Textiles” DOOEL factory within the Shtip Technological-Industrial Development Zone (TIRZ Shtip), due to a broken hose, the chemical leaked into the stormwater channel that goes directly into the river.

The State Environmental Inspectorate (SEI) determined that the chemical is not toxic, the company has a Decision to carry out activities from the Ministry of Health and a Decision for an approved environmental report from the Municipality of Shtip. According to the findings, the DIŽS issued a sanction measure. They point out that “Technical Textile” from Shtip was still working without a B-integrated environmental permit, which was issued by the municipality. Because the factory “Technical Textiles” d.o.o.e.l. did not inform the Ministry and DIŽS about the accident, the legal entity was fined with a payment order in the amount of 3,000 euros in denars. Half of the amount has been paid into the budget in accordance with the legal deadline.

To prevent similar accidents in the future, the factory was instructed to build an underground reservoir and take appropriate protective measures. Depending on the results of the samples taken, additional measures were announced.

After the investigation by the Basic Public Prosecutor’s Office Shtip (OJO Shtip), an indictment was submitted to the Basic Court in Shtip due to the crime of pollution of the environment and nature.

Based on an order from the Basic Public Prosecutor’s Office Shtip (Shtip Public Prosecutor’s Office), samples for laboratory research were taken from the river. The laboratory tests of the samples taken, which were carried out by the AMBICON laboratory at the University “Goce Delchev” – Shtip, determined that increased concentrations of dissolved ions and metals were not regulated, but a significant increase in the turbidity of the water was determined.

WHY IS ENVIRONMENTAL JUSTICE DELAYED?

The case of Bregalnica is just one of a series of environmental problems that have been waiting for a solution for years. The biggest problem is the imprecise legislation that will precisely and guarantee these rights.

Another problem is the human capacity in the institutions. There is a lack of inspectors who will prosecute crimes related to the environment, investigators, and professionals in the field of ecology.

The problem of impunity is also of great importance. The personal interest of the powerful comes before the constitutionally guaranteed right of citizens to the environment. The most absurd is the problem that indicates that non-governmental organizations that file lawsuits related to the environment, usually fight against state institutions that violate laws.

Author: Katerina Topalova

Ana
Share
This