South Africa: Eskom Faces Criminal Charges Over Air Pollution At Kendal Power Station

South Africa’s Minister for Environment, Forestry and Fisheries Barbara Creecy has revealed that summons was served on Eskom on November 27, 2020 notifying it of the decision by the Senior Public Prosecutor to pursue criminal prosecution in respect of air pollution by Eskom’s Kendal Power station.

This includes, amongst others, a charge of supplying false and misleading information in reports prepared by management at Kendal power station to an Air Quality Officer, which is a criminal offence listed in Section 51(1)(g) of the Air Quality Act.

The summons orders Eskom representatives to appear in the Witbank Regional Court on 28 January 2021.

This follows an internal investigation and report prepared by Eskom Audit and Forensic (A&F) into air quality compliance and reporting, initiated by Eskom CEO Andre de Ruyter on 17 May 2020 following investigations and articles by EE Business Intelligence on these matters.

The Eskom investigation report finds that “allegations made by media personalities are mainly proven true”, and that Eskom Generation management should take heed of the reality of Kendal’s poor emissions performance.
Minister Creecy commented: “The Department of Environment, Forestry and Fisheries (DEFF) has yet to receive the full report on Eskom’s internal investigation and findings in respect of air quality compliance and reporting at Kendal power station.”

“A thorough and detailed analysis of the full report is needed in order for the Department to understand the implications of its findings and how these may affect the action currently being taken against the power station,” she added.

The Eskom internal investigation report highlights the false and misleading classification of regular, ongoing and extended atmospheric emission contraventions above the statutory limits as “Section 30” exceedances in reports to the regulatory authorities.

A Section 30 exceedance, however, refers to a short-term exceedance that may occur in an incident or emergency situation, such as an unexpected, sudden and uncontrolled release of a hazardous substance, including from a major emission, fire or explosion.

Following extended periods of non-compliance of all six generation units at Kendal in 2018 and 2019, the DEFF finally issued a Compliance Notice to Eskom on 10 December 2019.

The notice essentially compelled Eskom to cease operation of two units, and ordered corrective measures to be undertaken, over time, in order to ensure that operations are undertaken in compliance with the Kendal’s Atmospheric Emissions License (AEL).

“However, and despite the above, some of Eskom’s units at this power station have continued to operate in non-compliance, which has resulted in the Department issuing a further warning on 17 November 2020”, said Minister Creecy.

Upon notification to Eskom and Kendal power station of the wrong classification of contraventions as Section 30 exceedances in its reports to the regulatory authorities, the reports were modified and subsequently resubmitted in March 2020.

However, the Eskom investigator found that the significant misreporting and misleading reporting identified in the original reports was perpetuated in the resubmitted reports. The investigator concluded that this was a continuation of a failure to apply a “duty of care” by Kendal.

Source: Esi Africa