Petition filed seeking new laws against importing waste

• CEJ files petition before CA, wants containers returned to origin  
• Special CEA team conducting investigation, plan to file legal action against company

By Shanika Sriyananda  

The Centre for Environmental Justice (CEJ) yesterday filed a petition before the Court of Appeal to order the Government to draft new laws blocking imports of waste materials to Sri Lanka. 

The petition was filed against the Central Environmental Authority (CEA) and the Director-General of Customs for their failure to regulate the importation of mixed contaminated waste into the country.

The Consumer Security Unit of the Sri Lanka Customs (SLC) had taken over 100 containers, stocked with used mattresses, carpets, plastics, polythene, larvae, dead plants, fungus and other items like bird feathers and uncategorised waste, into custody on 8 July.  

The CEJ had requested the Court of Appeal to order the CEA and SLC to conduct an investigation in the illegal importation of hazardous waste and also to take legal action against the importer or importers under the terms of the National Environmental Act and also the Customs Ordinance.

CEJ Executive Director Hemantha Withanage said that the waste consignments were imported to dispose of within the country and it would cause severe damages to people and the environment.

“If such consignments containing chemical waste are permitted to burry in our soil or sent to open dumps, the underground water table and the surrounding environment will be severely affected. The hazardous chemicals in the waste may also cause adverse health risks including cancer and kidney diseases when such waste is buried, disposed or exposed without adhering to the accepted methods for disposal of such waste,” he said.

He also said that the importer had violated the National Environmental Act (NEA) No. 47 of 1980, which had clearly stated that the disposal of waste could only be done under a permit issued by the CEA.

“Sri Lanka does not have facilities to manage hazardous wastes. Hazardous and contaminated waste could only be disposed by a country which has the capacity of handling hazardous waste adhering to the international standards,” he said.

Withanage said that the importer had also violated the terms of the BASEL Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal for which Sri Lanka is a signatory and had ratified the Convention in 1992, by bringing hazardous waste amounted approximately to 4,500 MTs.

The CEJ has also requested the Court to order the importer to re-export the waste containers back to their original destination.

However, the National Movement for Consumer Rights Protection (NMCP), accusing the CEA of having a hidden agenda to protect the company that imported the hazardous waste, has written to the UN Secretary General requesting to take legal action against the CEA for violating the terms and conditions of the BASEL Convention by allowing the company to import clinical waste and other hazardous waste to Sri Lanka.

“The CEA is misleading the public by saying that they had ordered the company to resend the waste loads to its country of origin. The CEA is attempting to protect the company and we have evidence to prove this claim,” NMCP Chairman Ranjith Withanage said.

He said that the company had continuously imported hazardous waste to the country since 2017 and they had imported waste not only from the UK but from some other countries.

“The CEA has not taken any step to prevent harmful chemicals from leaking from the waste dump at Katunayake Export Processing Zone. This poses a severe danger to human health,” he accused. When contacted CEA Chairman Isura Devapriya said a special CEA team, including CEA’s laboratory experts, and officials of the Board of Investment (BOI) had visited the site yesterday and they would issue their report soon.

“We are taking legal action against the company after the team hands over its report to us,” he said adding that the CEA would defiantly take legal action against the company for importing waste without obtaining an Environmental Protection License. He also said that the team would investigate whether they had imported clinical waste, which is not spelled out the NEA’s schedule regarding the disposal of garbage.

“We are in the process of gathering the necessary details to take legal action against the company. Since the waste stored in their land they cannot claim that the waste does not belong to them,” he said.