The Environmental Management Authority (EMA) is considering legal action against Home Construction Ltd (HCL) for the company's failure to obtain a certificate of clearance before beginning work on a site at Santa Rosa West, near the Crossings residential district.
Environmental group Papa Bois Conservation has raised concerns about the alleged breach, which has resulted in possible lead contamination of the Arima River, which could put the residents of the area at risk. In the release sent to the T&T Guardian yesterday, the EMA's managing director, Dr Joth Singh, said the authority was looking at the situation very carefully with a view to taking legal action.
"Lead exposure in the environment is of critical concern, as its effects on human health, especially among children, can be detrimental," he said. "The EMA is stringent in addressing issues such as this one in Santa Rosa. "Legal action is being considered against HCL with the issuance of a Notice of Violation.
"HCL will be required to repair the breakage in the lead containment area within a week as well as face some stiff penalties," he said. The release said HCL had not applied for a certificate of clearance. "On June 29, 2012, the EMA conducted a site visit and observed that a drainage sump or retention pond was being constructed by HCL.
"The EMA also observed a breach in the lead concrete cap and exposure of the geo-textile layer. Further investigations revealed that HCL neither applied for nor was issued a CEC for the construction of the sump." The EMA said Singh had written to HCL about the certificate of clearance violation as well as asking the company to correct the breakage in the containment.
The Water and Sewerage Authority (WASA), the release said, has also been notified as a precautionary measure, since there is a possible threat to the Arima River. The EMA said preliminary results are inconclusive and it has contracted the Caribbean Industrial Research Institute (Cariri) to do indepth investigations.
Water, soil and sediment are being tested for lead. Contacted yesterday for a comment on the issue, an HCL official refused to give the name of the CEO or any other party involved. The woman who answered the company's phone said: "I have nothing to say. The last time allyuh call, things end up big, big."
The official also refused to answer a question about how many people live at the Crossings, which was constructed by HCL. She also refused to answer any questions about the alleged leakage of leachate into the watercourse at Santa Rosa West. HCL's Web site defines the company as an integrated property developer, responsible for the construction of more than 15,000 homes and 2.5 million square feet of commercial and retail space in communities.
The EMA's release says HCL was issued a certificate of clearance on March 16, 2004, for "the remediation of a lead-contaminated site and for the development of a residential community, 'The Crossings,' at Santa Rosa West." HCL treated and stabilised the lead on site (in situ) and capped the lead-contaminated area using concrete and a geo-textile layer (non-biodegradable plastic used to form a water barrier).
According to the conditions outlined in this CEC, the lead-containment area was to remain a restricted area with fencing and warning signs. The CEC also requires HCL to sample groundwater and submit quarterly reports to the EMA. Minister of Health Dr Fuad Khan, when contacted, said the Chief Medical Officer (CMO), Dr Akenath Misir, has been asked to look into the matter urgently and was working closely with the Ministry of the Environment as well as the EMA.
Up to press time, Misir had not replied to an e-mail from the Guardian. The manager, media and public relations of the Corporate Communications Unit of the Ministry of Health, Francisca Jordan, asked the T&T Guardian to e-mail questions to be posed to the CMO on the matter. In a release issued later yesterday, the ministry said it was monitoring the situation and was awaiting a report from the EMA.
"The public health sector staff in the surrounding clinics are alerted about the health implications and (are) ready to provide any necessary medical support," the release said.