ALCOA Minerals of Jamaica, Inc, (Jamalco) is appealing the enforcement notice recently served by the National Environment and Planning Agency (NEPA), following the seepage of caustic liqueur at its refinery in Halse Hall, Clarendon.

The notice, served on the company on July 5, cited a “breach in the containing wall of the Residual Storage Area 2 (Eastern Dam) resulting in the release of caustic liqueur at the residue storage area” at Halse Hall.

“Permeability of the dam to the caustic liqueur presents the risk of structural failure to a hazardous storage, thus posing a serious threat to public and environmental health and safety,” said the notice, which had a July 6 effective date.

“Residential dwellings of the community of Hayes Cornpiece are located at a distance of approximately 70 metres from the eastern dam,” it added.

Jamalco has appealed the notice “on grounds that the timeline required by the agency (NEPA) for submission of a mitigation schedule and ceasing of the activity were impracticable,” the company said in a written response to Observer queries.

According to the notice, Jamalco is required to submit a status report on the integrity of the containing wall or dam face of Residual Storage Area 2 (Eastern Dam) within 28 days of the effective date of the notice.

It further requires that the company “submit a schedule for the mitigation of the breaches in the dam face or the areas that are demonstrating permeability to caustic liqueur contained in the Residual Storage Area 2 (Eastern Dam)”, also within 28 days of the effective date of the notice.

Those 28 days have since expired even as the notice remains in effect — at least until the appeals tribunal of the NRCA takes a decision.

“Notwithstanding any appeal against this notice, it shall remain in effect pending the final determination of the appeal,” the notice reads.

At the same time, it warns: “If you fail to comply with this notice, you may be prosecuted and the minister (with portfolio responsibility for the environment) may take such steps as he considers appropriate to ensure the cessation of the activity to which this notice relates.”

Up to Tuesday, it was unclear when the tribunal would hear the matter.

NEPA boss Peter Knight has, however, defended the agency’s decision to issue the notice and stipulations thereof.

“We are fully prepared to defend the position and the requests we have made of Jamalco in that enforcement notice… at the hearing,” he told the Observer, while confirming the bauxite company had appealed the decision.

Jamalco would not comment on what it felt its chances were of getting the effective date on the notice extended, but said it was committed to environmental preservation.

“Jamalco takes its environmental responsibility seriously and will continue to be vigilant in ensuring that its operations are in full compliance with sound engineering and regulatory requirements,” the statement read.

At the same time, it sought to assure that “the water quality and general environment has in no way been compromised by this minor breach”.

“This is borne out by the findings of the Water Resources Authority which, in collaboration with independent consultants conduct quarterly water sampling and laboratory analysis from 17 groundwater monitoring wells and seven drinking water production wells in proximity to Jamalco’s refinery and residue storage operation,” the company said.

Beyond that, Jamalco, which said the seepage was first observed by their environmental surveillance team and reported to the Jamaica Bauxite Institute, said they had made efforts to contain the problem.

“A small drainage blanket with a collection channel and sump was constructed to control the sweating. This has been substantially effective in managing the situation,” the company said.

Still, they admitted that heavy rains could present a challenge.

“The potential for increased water levels in the dyke during the rainy season makes a permanent solution desirable. To that need, extensive geo-technical studies have been conducted by Jamalco’s Residue Lead Team and independent specialists and a timetable has been agreed for a permanent fix, with the full installation of a leachate collection system by May 2012.