The Malta Environment and Planning Authority is refusing to comment on the details of an investigation into the illegal dumping of hazardous waste and its use in concrete one year after The Sunday Times reported the case.
The authority confirmed that the investigation into the incident was “finalised” but declined to provide details on when it was concluded or on the outcome.
Enemalta had contracted Polidano Brothers in 2004 to dispose of fly ash from the Marsa power station. The hazardous waste was stored in Quarry Number 33 in the area known as Ta’ Belula in the limits of Siġġiewi.
A spokesman for Polidano Brothers had confirmed the fly ash was used as bulking material in concrete mixes to make blocks used for retaining walls.
The quarry did not meet the conditions required for a hazardous waste disposal site and was not covered by the relevant permit.
Nor did Polidano possess a licence to use the hazardous waste in concrete. About 4,000 cubic metres of fly ash had been transferred to the company.
The illegal operation was stopped by Mepa in December 2008 although details only emerged last year after this newspaper followed up parliamentary questions put by Labour MP Leo Brincat about a stop order issued to Enemalta.
Mepa had said at the time that it was still investigating the matter and evaluating its legal options.
Asked again about the case, a Mepa spokesman yesterday said the aim of the investigation was to determine the chain of events which led to the fly ash being managed in a manner that contravened the law.
“The authority is taking up the matter with Enemalta (the actual source of the material) and the quarry operator with a view of determining the respective responsibilities and liabilities of each entity,” he said.
When asked whether Enemalta and Polidano Brothers will be taken to court the spokesman said the authority “could not expand any further” but insisted it had taken the necessary action to ascertain there was no recurrence.
As a consequence of Mepa’s stop order in December 2008 Enemalta had switched off the air filters at the Marsa power station for several months during 2009 to avoid the production of fly ash until it entered into an export contract for the waste.
Fly ash is one of the residues generated in the combustion of fuel oil, and is usually collected by filters that prevent some hazardous substances being emitted into the air. According to EU Directive 91/689/EEC, it is classed as hazardous waste.
The directive provides additional record keeping, monitoring and control obligations from the waste producer to the final disposal or recovery.
While fly ash is present in concrete mixtures abroad to strengthen concrete, it can only be used under strict conditions and by licensed operators. In Malta the law states that such hazardous waste must be exported because the country does not have facilities for its safe disposal.
ksansone@timesofmalta.com