NEPA chairman resigns; oil spill case deal to be published

Weldon Maddan, the chairman of board of the National Environment and Planning Agency (NEPA), has resigned over the agency's withdrawal of the court case against Trade Winds Citrus Limited in relation to an oil spill in the Rio Cobre last December. 

Minister with responsibility for the environment, Matthew Samuda, also says a non-disclosure agreement (NDA) signed in the matter is expected to be published on NEPA's website today.

"The Government of Jamaica is not satisfied that the issue was handled at the Board leadership level with the required standards of transparency and openness. Consequently, following a conversation this morning, Board Chairman, Mr Weldon Maddan, offered his resignation. Mr Maddan's resignation has been accepted," a media statement from samuda on Friday afternoon said.

He said the Government understands valid concerns surrounding the care and protection of the Rio Cobre, which is a unique and invaluable asset.

He also stated that there have been valid expressions of concern regarding the inclusion of a non-disclosure Agreement (NDA) clause in the mediated settlement.

Samuda said he has instructed NEPA to waive its rights under the NDA and NEPA has formally written to effect the waiver.

As a result, the mediated agreement, along with the NDA and the chronology of events will be made public on NEPA's website today, November 29, 2024, Samuda said.

He noted that the Government has previously signalled that NDAs should be used only in very limited circumstances.

"This situation did not warrant such a clause, and the Natural Resources Conservation Authority (NRCA) has been directed to desist from including NDA clauses in future mediated agreements," Samuda disclosed.

On the matter of the pollution incident in December 2023, Samuda said he has been advised by NEPA that:

1. The incident involved an oil spill on the grounds of Trade Winds Citrus Limited. While the spill was largely contained to Trade Winds property, some seepage occurred into the Rio Cobre. However, the extent of the seepage was not significant enough to cause a fish kill or require an Environmental Impact Assessment (EIA).

2. According to the National Fisheries Authority, a fish kill is defined as “a large-scale mortality events of fish that occur due to various factors, such as wastewater pollution, hypoxic conditions, nutrient enrichment, and the introduction of pathogens, weather in area of or percent of population”; this did not occur.

3. In light of the foregoing, a determination was made by NEPA that there was no basis for compensation or extensive consultation with stakeholders. It is also worth noting that Trade Winds Citrus Limited assumed full responsibility for the cleanup and restoration efforts, which were conducted under the guidance of NEPA, the Water Resources Authority, the National Fisheries Authority, and Petrojam. The costs of these efforts greatly exceeded the fines stipulated under the Wildlife Protection Act, which amounts to a maximum of $100,000 for breaches.

4. The matter went to mediation on October 2, 2024, and the resulting agreement was approved by the NEPA Board on November 26. Considering the limited material impact of the incident and the comprehensive cleanup undertaken, the NRCA determined that withdrawing the case was justified.

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