KINGSTON, Jamaica- After coming under pressure over its controversial decision to discontinue legal action against Trade Winds Citrus Limited over an oil spill in the Rio Cobre last December, the National Environment and Planning Agency (NEPA) has moved to explain the sequence of events that led up to its decision.

In a four-page document, NEPA summarised that it launched an investigation into the oil spill after it received a report on December 11, 2023.

It said it was revealed that Heavy Fuel Oil (HFO – Bunker C) was released from the boiler house at Jamaica Beverages Limited operated by Trade Winds Citrus Limited Dairy Farmers.

By February 23, 2024, NEPA concluded that Trade Winds Citrus had taken “all the necessary steps to address the impact of the oil spill and has eliminated any further threat to the environment from the facility”.

The matter went to court but, by the time of the fifth court appearance on May 21, both parties requested additional time.

On July 11, the Legal and Enforcement, Public Relations and Marketing Committee (LECPRMC) (NRCA committee) recommended that the matter be brought to mediation and thereafter withdrawn depending on the outcome of the mediation.

“The committee was of the view that the enforcement instrument was complied with and there would be no further impact on the environment.

At an NRCA meeting on July 16, the NRCA accepted the recommendation of the LECPRMC,” NEPA said.
NEPA explained that by the time of the sixth court appearance on September 3, both parties requested that the court refer the matter to mediation.

“The judge indicated that the parties may do their own mediation,” NEPA said. It shared that mediation was held on October 2 and the parties came to an agreement.

According to NEPA, the mediation agreement was drafted and mediation agreement was received from Trade Winds on October 18 and submitted to the NRCA.

The Director of Public Prosecutions (DPP) was written on October 23 seeking guidance in relation to entering a nolle prosequi.

The DPP acknowledged receipt of the letter the following day. NEPA followed up with a visit to the DPP’s office on November 25, as it sought a response.

“The DPP’s office indicated the matter was reassigned and response to be sent soon,” said NEPA in its chronology of events. The mediation agreement was signed by the NRCA and NEPA at the seventh court appearance on November 27 when the matter was withdrawn.

The DPP responded the same day requesting additional information.
(“The) judge indicated that it is within the NRCA/NEPA purview to withdraw a matter,” NEPA stressed.

Meanwhile, NEPA chairman Weldon Maddan tendered his resignation on Friday over the controversial decision and what portfolio minister Matthew Samuda described as a lack of transparency in how the matter was handled.

In a news release, Samuda said the Government of Jamaica was “not satisfied that the issue was handled at the board level with the required standards of transparency and openness.” He said Maddan offered his resignation following a meeting on Friday morning.

The decision to discontinue criminal action against Trade Winds Citrus triggered outrage from environmental groups Jamaica Environment Trust and Friends of Rio Cobre, which stated that “the decision sets a dangerous precedent that trivialises environmental violations and prioritises corporate interests over the health of natural resources and justice for impacted Jamaicans.”

Of note is that NEPA, in its attempt to clear the air also stated that Friends of Rio Cobre, which is pursuing a civil matter in the court, has no standing to bring such a matter.

“It is important to note 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 has been directed to desist from including NDA clauses in future mediated agreements,” Samuda said.

Regarding the pollution incident in December 2023, Samuda said he was advised by NEPA that, among other things, it had determined 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 clean-up 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,” Samuda noted.