Acting Kingdom Representative intends to temporarily take over permits, supervision and enforcement at Selibon
Acting Kingdom Representative Jan Helmond speaks in a video message about his intention to temporarily take over permits, supervision and enforcement at Selibon, location Lagun. The following is his message. Full video is available here.
(Read the text of the video message below)
Bon tardi, good afternoon,
This morning I informed the Executive Council that it is my intention to temporarily take over their tasks regarding the waste problem on Bonaire.
This is a drastic, but necessary decision.
Allow me to explain:
For years we have seen major concerns about the processing of waste at the Lagun landfill. Residents complained about stench, health problems and polluted air. According to research following these complaints, residents are chronically exposed to stench, emissions of polluted air and flue gases that have not been fully burned. Selibon therefore shut down their incinerator last year.
This spring several fires broke out at the landfill. Residents were again exposed to air pollution. Some even had to leave their homes.
Following these fires, the Human Environment and Transport Inspectorate (ILT) investigated the process of granting permits, supervision and enforcement by the Public Entity of Bonaire. I received their report on October 21 — more than three weeks ago.
Their findings are alarming:
The risk of air, water and soil pollution is increasing every week. Old fires are still smoldering underground. Hazardous substances such as asbestos, biomedical waste and slaughterhouse waste are not being processed in a proper and safe manner.
Other research shows that the seawater and seabed in Lagun Bay are seriously polluted, e.g. with heavy metals.
The Inspectorate sees significant health risks for human, animals and local nature. They also note that no comprehensive nuisance permit or environmental permit (based on the BES Housing Act) has been issued for Selibon. Supervision and enforcement by the Public Entity Bonaire has been inadequate for years. Unfortunately, signals about the situation have not been taken seriously in time.
According to the Inspectorate, the current situation is worrying, complex and urgent.
I immediately shared their report with the Executive Council and asked them for a response. I also indicated that this might turn into a formal case of neglect of duties by the Public Entity. In their response to the report - on 1 November - the Executive Council indicated that they share it’s conclusions. The Council also indicated that Selibon NV is not able to resolve this in a sustainable and structural manner and that the waste company has not had its business operations in order and that the Public Entity has fallen short in the granting of permits, supervision and enforcement.
The Executive Council has also announced a number of actions, but also indicates that major investments are required for their success.
In the meantime, a new fire broke out last week at the landfill. The fire brigade responded excellently. They narrowly prevented oil tanks from catching fire or even exploding. Bonaire has escaped disaster. But again, many residents had to leave their homes.
This last fire led to even more unrest, resulting in an emergency meeting by the Island Council. Emotions and tensions are high. Not only among local residents, united in Pro Lagun. People all over the island are concerned about their health, the welfare of animals and nature, the environment and economic consequences.
Bonaire is rightly proud of its reputation as a blue destination. The situation at Selibon is completely at odds with this.
Furthermore, the risk of new fires is still high at the landfill, where underground fires are still burning and remains are still smoldering.
Quick and decisive action is absolutely necessary. Selibon and the Public Entity cannot do this alone.
Various Executive Councils have failed to solve the waste problem. It is doubtful if sufficient manpower, resources and expertise are even available on the island. In any case, the current situation exceeds the knowledge and expertise of the Public Entity.
As acting Kingdom Representative, I’m therefore drawing the formal conclusion of neglect of duty by the Public Entity Bonaire. Hence my intention to formally take over, as authorized by the Public Entities Bonaire, Sint Eustatius and Saba Act (WolBES).
In practical terms, this decision means the following: as acting Kingdom Representative, I will temporarily take over the licensing, supervision and enforcement powers at Selibon from the Executive Council. The Public Entity will retain its full authority for all other tasks. And Selibon employees will - as always - continue to collect your waste.
Of course, the council will be given the opportunity to give its formal opinion, after which I will make a final decision. I will do so this week.
How will the process continue after that?
If the formal decision is made, the Human Environment and Transport Inspectorate (ILT) will start working on the situation at Lagun. This must be done in close cooperation with the employees of Selibon, the residents of Lagun and the surrounding area and with the Executive Council and the civil servants of the Public Entity. This close collaboration is absolutely vital. We have a joint problem and must also solve it together.
The government ministries responsible are ready to help with this. Not only with the urgent problems of today, such as cleaning up slaughterhouse waste and hospital waste. But also with finding a sustainable, long term solution to the waste problem.
I understand very well the severity of this heavy administrative intervention. It is in fact the last resort as permitted by law. It may indeed evoke strong emotions. But it is necessary now.
Let me therefore be very clear: this means no judgement about the involvement of the Executive Council and the civil servants of the Public Entity. It means no judgement about the commitment of all the people who work at Selibon. They work very hard every day to keep our island clean, and do so with great enthusiasm.
But the problem is too complex and urgent for them to handle. We have to intervene quickly. We must solve the waste issue sustainably. Selibon and the Public Entity cannot do this alone.
Finally, I make two very concrete promises: firsty, this intervention will not last longer than is strictly necessary. It will only last until we have a sustainable solution within reach and until the Public Entity can carry out its legal duties regarding waste processing independently.
But we must also be very realistic: the current complex and dangerous situation has grown slowly over the years. It will therefore not be solved tomorrow. In the weeks and months ahead we will have to work very hard to improve the situation step by step.
Secondly, we will inform you very well about all the actions taken by authorities involved.
I ask you all to trust our commitment to work hard and to work together towards a sustainable solution.
Because that's what Bonaire deserves.
And that's what you deserve.