EPA collaborates with many agencies to eradicate pollution

Dec 16, 2008 Letters

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Dear Editor,
In reference to a letter published in the SN on Wednesday, 1st December, 2004, written by Mr. Peter Khan and captioned “What is the EPA’s role with noise and air pollution?”, the Agency hereby responds for the benefit of Mr. Khan and the general public who may be concerned.

The Environmental Protection Agency (EPA) was established under the Environmental Protection Act of 1996, which provided for the management, conservation, protection and improvement of the environment, the prevention or control of pollution, the assessment of economic development, and the sustainable use of natural resources. This should clarify that the Agency’s mandate includes air and noise pollution.

However, the EPA is not the only authority that responds or should respond to noise nuisance, air and other forms of pollution. It must be noted that the Agency is relatively small, with an office only in Greater Georgetown.

Our normal working hours are Monday to Friday, between 8am and 4:30pm, except in cases where there is need to respond to an environmental emergency with potentially significant and widespread impacts outside of these hours.

It should also be recognised that the EPA alone cannot solve all of our pollution problems and respond to every pollution complaint throughout the length and breadth of Guyana on a daily basis.

Consequently, for administrative and logistical reasons, the EPA has a coordinating and collaborative role to work along with other regulatory authorities, hence the existence of the Guyana Police Force, Regional Authorities, Neighbourhood Democratic Councils (NDCs), Mayor and City Councils (M&CCs), Central Board of Health – Public Health Officers, Occupational Health and Safety Department, Sectoral Agencies, such as GGMC and GFC, etc., all of which existed long before the EPA.

Therefore, if a complaint is made to the EPA on noise pollution from a generator at a residence, which is affecting a neighbour, for example, the Agency may seek assistance to respond to this complaint.

On this basis, the Agency may refer the complaint to the relevant authority to provide quick response and feedback. However, for more significant or problematic cases and long-standing complaints that the local authorities are unable to resolve, the EPA may intervene at the central level.

Mr. Khan further questioned, “Is it the responsibility of the police to stamp out the loud music at functions and in night clubs, which goes into the wee hours of the morning?”

Yes, it is, as the first point of contact; the police work around the clock to maintain the peace and law and order, by enforcing the laws of Guyana (EPA Act, City by-laws and Public Health Ordinance, inclusive).

Please note, however, that since the beginning of our existence the Agency has made several visits to residences during the nights in response to complaints from noisy equipment and sound-making devices.

On the issue of ‘what role the EPA plays to suppress noise nuisance, the Agency plays a major role, since it is an offence under the Noise Regulations 2000, Part v, for any person, proprietor or occupier of any building, private premises (including night clubs) or vehicle to cause or allow any loud, unnecessary, excessive or unusual noises in the operation of any sound-making device or equipment audible at a distance of 50ft from the source, and shall be liable to a fine of between G$300,000 and G$750,000 and to imprisonment for one year.

Our recommendations to avoid or reduce noise pollution varies, as this is dependent on the sources and receptors, nature of the polluting activity, the location, the longevity of the activity which is creating the disturbance, etc.

For new development projects engaging our attention, pollution abatement capabilities must be demonstrated through the use of best available technology before approval.

Often this is involved in the planning and design phases, where an Environmental Impact Assessment (EIA) or Environmental Management Plan (EMP) may be required. With regard to existing operations for which a complaint is made, recommendations are made usually by means of a compliance schedule that sets out the timelines for conformity with specific requirements.

Environmental authorisations and compliance schedules usually include conditions to enclose an open facility/generator, a sufficiently soundproof building/nightclub, use of mufflers/silencers on equipment, development of buffer areas/land, trees/walls/fences, relocation of equipment/facility, use of new equipment, cease order to immediately stop the polluting activity, etc.

For polluters who are non-compliant, we use the ‘polluter pays’ principle and the ‘strict liability’ principle.
Within the last month alone, the EPA has issued four cease orders/prohibition notices and two compliance schedules, due to air and noise pollution emanating from furniture workshops, rice mill, sand mine and an asphalt plant.

We are engaging the assistance of the Guyana National Bureau of Standards (GNBS) to develop noise and air emission standards. Currently, interim noise standards developed by GNBS for specific environmental/zones (residential, industrial, commercial, etc.) are used.

For example, the permissible noise level for residential areas is 55dB at daytimes and 45dB at nighttimes, while for industrial sites this is higher at 75dB at daytimes and 70dB at nighttimes.

EPA officers use noise meters and other instruments to measure noise level against these limits in responding to complaints. Further, in cases where local standards are non-existent, international standards are consulted.

The Agency is also involved in education and awareness, and does this through various means.
We are currently engaging Guyenterprise to improve public awareness and education of Environmental Protection Regulations 2000 for Noise, Air, Water and Hazardous Wastes.

In addition, we continue to promote staff development and capacity building of the EPA and other sectoral agencies through relevant local and overseas training.

We also constantly source and upgrade monitoring equipment for use in environmental inspections.
Mr. Khan was curious about ‘how many complaints have been made regarding noise nuisances from open standby generating sets in residential areas’.

Several, and the number continues to grow yearly with increasing demand for alternative power supply nationally, and as the public become more familiar with the EPA and its functions.

The majority of complaints we receive are in regards to noise nuisance from generators, compressors and planers (the latter from woodworking operations). In 2002, we received 167 complaints, 59 were investigated and 20 were referred to other authorities to follow up, while in 2003, 154 complaints were received, 70 were responded to and 11 were referred.

A significant number of complaints in order of magnitude were related to noise, dust, odour, smoke nuisances and solid-waste pollution.

Only a few complaints were based on water-quality pollution. Complaints are often from industries and bottom-house operations, such as rice mills, sawmills, furniture/woodworking, mechanical workshops and residential generators.

However, a large percentage of complaints are made for personal reasons and not strictly from pollution (competition in business and other neighbourly conflicts).

“What is the role of the EPA with regard to air pollution (dust, smoke and stench)?” was another issue raised by Mr. Khan.

As already indicated above, the EPA is responsible along with many other authorities for ensuring that the air pollution from all sources of generation is avoided or, if unavoidable like some will be, a minimum standard should be met.

We respond to all forms of pollution to the environment, i.e. dust, smoke, odour, water, sewage, solid wastes, noise, etc.

Further, it is an offence under the Air Quality Regulations Part vii (22) to store, handle or transport any solid, liquid or gaseous material or substance in such a manner that any air contamination is released into the atmosphere.

Finally, Mr. Khan claimed, “I was told that the EPA only handles industrial complaints, therefore, if my neighbour is smoking up the area where we live, I must report this matter to the regional council”.
Mr. Khan may have been misinformed, misguided or misinterpreted the information given to him.

The EPA is here to protect our environment and safeguard the health and safety of Guyanese, thus, whether pollution results from an industrial, residential, commercial, institutional, religious or governmental activity, the EPA should and would respond and have responded.

Yes, you should report this to your regional council; you can also report it to the EPA. We have referred persons to regional and local authorities for reasons already stated in the 2nd and 3rd paragraphs of this letter.

Our Noise and Air Regulations 2000, part IV (2) clearly states that any person who is disturbed by foul odours, smoke, dust, other emissions or noise emitted from sound-making devices, equipment, machinery, vehicle or any property shall make a written or oral complaint to the agency.

We reiterate that on many occasions we have conducted inspections, made recommendations and issued sanctions on matters that such authorities have jurisdiction over.

Citizens of Guyana should also recognise that they have a right to pursue civil actions also against any polluter. The EPA hopes that these answers satisfy the concerns raised by Mr. Khan and other interested Guyanese. Please feel free to contact our office via any means if further clarification is necessary.

Thank you, Mr. Khan, for highlighting these issues and thereby facilitating a response from the Agency publicly for the benefit of all interested.
Yours co-operatively,
Doorga Persaud
Executive Director
EPA

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