Kalpitiya peninsula is a very fragile ecosystem. Its people mainly depend on agriculture with very limited freshwater resources. Unfortunately, Norochcholai Coal power plant has become a major public nuisance to the local people while become an environmental polluter in the Kalpitiya Peninsula, violating several environmental regulations in the country.
The discussions on the adverse impacts ts of Norochcholei coal power plant has emerged with the community allegations on losing their livelihoods, depletion of water resources, deteriorating fish habitats, spreading fly ash and coal dust and causing health issues such as skin problems, eye irritation and Asthma. The coal power plant has been operated without following acceptable environmental standards for a very long period due to non-operative Electro Static Precipitator (ESP), Flue Gas Desulphurization unit, haphazard dumping of Coal ash, spreading of fly ash through the emission stack and releasing of ash into the sea etc.
The Ceylon Electricity Board (CEB) as the project developer has failed to follow precautionary and preventive measures to recover environmental pollution and other negative impacts on human population.
The discussion on the Norochcholei coal power plant was begun in the late 1980’s and the Environmental Impact Assessment (EIA) report for the first phase was produced in 1998. It was challenged in the Court of Appeal in 1999 and the CEB agreed to produce a new EIA and look for new locations. In 2005, former president Mahinda Rajapaksha entered into a contract with China to build a coal power plant. However, CEB as the main project implementer failed to obtain the proper approval with a new EIA report. Although the first EIA was done in 1998, most of the dimensions and environmental impacts have been changed since 1998. In such a situation the law required the project proponent to produce a fresh EIA report.
Hemantha Withanage, then Executive Director of the Environmental Foundation has commented on the negative impacts of the first EIA in 1998 with reference to the advertisement appeared in the “Daily News” dated 30th April 1998. He stated that “the legality of approving process was questionable because the major part of the project lies within the jurisdiction of North Western Provincial Statute (NWPS) and the approval should be received from them. However, it was believed that NWPS was unconstitutional and therefore, the EIA should be carried out under National Environment Act (NEA). Further, Provincial Environmental Authority was interested in a part of the project and EIA covered only a part of the project (power plant)”. Addressing only a part of the project totally misguided the decision makers and the community.
Today, the project has caused irreversible damages and destructions to both anthropogenic and natural environment, ecological balance, and the interest of people. Water usage in the power plant has saline the underground water resources. Fly-ash and Mercury from coal power plant has caused serious of health issues.
Violation of the Constitutional Rights-Chapter on the Directive Principles of the State Policy and fundamental duties enshrined the protection of nature and environment, rights of the people as fundamental duties imposed on every person. But failure of CEB and other relevant stakeholders to perform its fundamental duties has caused violation of the fundamental rights particularly with reference to the section no 12 (1), 14 (1) (g) and (h) of the Constitution.
Violation of the International conventions-Sri Lanka has ratified several International Conventions emphasizing obligation of protecting the nature. Stockholm Declaration on Human Rights 1972, Paris Convention for the Protection of the World Culture and Natural heritage 1972, World Charter for Nature 1982 and, Agenda 21, Rio Convention on Biological Diversity 1992 are some instances. However, government has failed to act as the guardian of the natural resources on behalf of present and future generations, complying with these international instruments.
Violation of the National Environmental Act- CEB has failed to conduct an EIA or IEE which is mandatory by the Section 23 AA of the NEA. It is mandatory to obtain approval from an appropriate project agency for any project which is being undertaken in Sri Lanka. Further, section 23 BB of the NEA prescribes that project proponent needs to submit an IEE report or EIA report to such a Project Approving Agency (PAA). As an environmental organization, CEJ has pointed out these violations to the court of appeal under case of CA.AP No 1112/2006 requesting CEB to follow the mandatory statutory provisions and Central Environmental Authority should be the appropriate project approving agency.
Violation of the EPL procedure- Norochcholai coal power plant has been running more than over one year without an Environmental protection License (EPL) which is a regulatory tool under the provisions of the NEA.
Under section 23K. (1) “No person shall pollute the atmosphere or cause or permit the atmosphere to be polluted so that the physical, chemical or biological condition of the atmosphere is so changed as to make or reasonably be expected to make the atmosphere or any part thereof unclean, noxious, poisonous, impure, detrimental to the health, welfare, safety, or property or human beings, poisonous or harmful to animals, birds, wildlife, plant or all other forms of life or detrimental to any beneficial use of the atmosphere”. There are similar provisions to prohibit the pollution of water and the soil.
Running a polluting entity without an EPL is a furnishable offence. According to the NEA” Every person who contravenes the provisions of subsection (1) shall be guilty of an offence, and on conviction shall be-
Liable to a fine not less than rupees ten thousand and not exceeding rupees one hundred thousand, and thereafter in the event of the offence being continued to be committed, to a fine of rupees five hundred for each day on which the offence is so continued to be committed
2. Required to take within such period as may be determined by court, such corrective measures as may be deemed necessary, to prevent further damage being caused by the pollution of atmosphere and furnish at the end of such period sufficient and acceptable proof of the incorporation of such corrective measures. The court shall also require such person convicted to bear the expenses incurred by the authority in the correction of damage already.
Violation of the Coast Conservation Act and the Marine Pollution Prevention Act-Further, construction of marine structures has caused erosion of the coast. Vessel movements associated with coal transport, exhausted warm water discharged from the plant and coal waste released in to the water during unloading, have an impact on reducing fish population, degrading of the animal biomass and marine ecology which deprives the livelihood of fishing families. Section 16 of the Coast Conservation Act No: 57 of 1981 prescribes that an applicant should furnish an environment impact assessment related to such a development to engage in a development activity in the coastal area.
Violation of the Criminal Procedure- The Coal power plant at Norochcholai has been making continuous nuisance to the people living around. Under the section 98 of the Criminal procedure code, the Magistrate is empowered to remove or prohibit any trade or occupation being injurious to the health or physical comfort of the community.
CEJ has taken several efforts to point out the negative impacts of Norochcholai power plant from the beginning. Making the surrounded community including fishing families aware, conducting the impact analysis on environment and human aspects, publishing case studies and convincing politicians on the issue are some of instances. Further, CEJ has filed a case (CA. AP 1112/2006) against nine respondents including CEB, CEA seeking an order in the nature of mandamus directing the respondents to conduct EIA and obtain the approval following the provisions of National Environment Act.
Undoubtedly, the Coal power plan has made positive impacts on the national development by generating electricity. Yet, the local communities have no significant benefits while they become the frontline affected communities suffer from the environmental pollution and public nuisance caused by the CEB.
The inaction and negligence of CEB to perform statutory duties have caused emerge series of violation including concept of sustainable development, principles of environmental law, Principle of precautionary action and Principle of Inter-generational equity. Above cumulative impacts were to be assessed properly and precautionary measures were to be taken adequately in the beginning of project.
Finally, I conclude that this power plant has done a great disaster over the last few years on a substantial scale. As a nature benevolent community, we believe that the responsible parties should seek for sustainable solutions instead of concealing this kind of a menace.
Chathurika Hathurusingha