Lynas PDF: Contaminating water source is a crime - environmental lawyers
Environmental lawyers have raised their concerns on the Lynas permanent disposal facility (PDF) as contaminating water supply by radioactive or toxic substances is considered a criminal offence.
"Under Section 121(2b) of the Water Supply Services Industry Act 2006, contamination of water supply by radioactive materials or toxic substance is a serious crime," said lawyer Meenakshi Raman (above), who is also Sahabat Alam Malaysia (SAM) president.
When contacted, Meenakshi pointed out that the environmental impact assessment (EIA) report had confirmed that the effluent discharged from the Leachate Treatment Plant (LTP) will not completely remove radionuclides and it depends on the sufficient river flow to provide adequate dilution.
Section 121 of the Water Supply Services Industry Act states that it is a criminal offence to contaminate any part of a watercourse or water supply system which would likely endanger any person's life.
Section 121(2)(b) further states that where death is not the result of the act but the substance used to contaminate any watercourse or water supply system is a radioactive or toxic substance, a person found guilty shall be punished with imprisonment not exceeding 10 years, fine not exceeding RM500,000, or whipping or all three.
Waste disposal in water catchment area
The PDF project site is located in the Sungai Riau water catchment, which contradicted claims by Lynas and the Pahang government.
According to the EIA report, contaminated stormwater will be treated by a Leachate Treatment Plant (LTP) before discharging into the tributaries of Sungai Ara.
Sungai Ara is connected to Sungai Riau that flows into Sungai Kuantan, where the Kobat Water Intake Station is located. The water intake station provides water to 781,000 users in Kuantan.
Even though there is no specific standard for the discharge of radioactive substances in the current Environmental Quality (Industrial Effluent) Regulations 2009, the EIA report proposed its own LTP effluent standards where radioactive material could be allowed.
The EIA report optimistically concluded that even if the effluent contains heavy metals and radionuclides, the concentration of substances at the water intake point will still meet the Raw Water Quality Criteria (RWQC) of the Health Ministry, as it will be diluted by the river water.
Surrounding disposal site yet to be assessed
Meanwhile, Meenakshi emphasised that the PDF project will only make up 29 percent of the larger Multi-Category Industrial Scheduled Waste Disposal Site (MCISWDS).
"All of the impact assessments and proposed mitigation measures in the PDF EIA have been conducted based on the current existing environmental conditions, for example, the natural environment in a forest reserve.
"It has not taken into account the disturbances that will occur due to the construction of the MCISWDS facility."
She pointed out that it is still unknown how the other industrial wastes expected to be dumped in the larger site will interact with the materials in and from the PDF, and it is very important to take this into consideration.
"SAM believes that it would be premature to consider the PDF EIA without also assessing the MCISWDS EIA and what that means for the PDF."
Flawed procedure
Echoing Kuantan MP Fuziah Salleh's call, Meenakshi added that there are some flaws in terms of procedure.
The project site is still categorised as a Rank 1 environmentally sensitive area (KSAS Tahap 1) in the Kuantan Local Plan (KLP) 2035, which cannot be developed into a waste disposal site before amending the local plan.
"It would be prudent not to proceed with the EIA process at this stage, until and unless the KLP is amended. Otherwise, the DG would be contravening Section 34A (4)(a) of the Environmental Quality Act 1974 (EQA), as well as the Town and Country Planning Act."
This since the KLP 2035 has legal effect, until it is amended to allow for the construction of the PDF at the proposed site, she added.
Meenakshi also cited the decision of the Court of Appeal on Jan 27, 2021, in relation to Taman Rimba Kiara on the planning law.
"Under Section 34A(4)(a), the decision by the director-general of Department of Environment (DOE) should relate to an existing development plan, but not a future plan that has not come into effect," she explained.
'Against all common sense'
Lawyer Hon Kai Ping, a member of the Bar Council's environment and climate change committee, believed that the PDF project has posed a significant risk to the water supply system in Kuantan.
"Currently, the EIA review team is studying the site against all common sense," he said.
Hon pointed out that Section 25 of EAQ also prohibits the discharge of waste to pollute inland waters.
The occupier and owner or company director are liable and can be prosecuted, he added.
However, Hon opined that imposing harsh punishment may not result in reducing the number of offenders.
"March 19, 2021, is the last date for the public to revert despite the glaring fact that it is a water catchment area," added Hon, who is also the legal adviser for Save Malaysia Stop Lynas (SMSL).
Malaysiakini has contacted Lynas, DOE and Environment and Water Minister Tuan Ibrahim Tuan Man for a response.
The PDF would house Lynas’ Water Leach Purification (WLP) residue. While it has low radioactivity, its build-up over the years has raised concerns.
Public viewing and feedback on the project’s environmental impact assessment (EIA) report was originally supposed to run from Jan 27 until Feb 28 and will now be extended until March 19. - Mkini
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