Minister without portfolio in the Ministry of Economic Growth and Job Creation Matthew Samuda has disclosed that the Government has received the resignation of Weldon Maddan, the chairman of the National Environment and Planning Agency’s (NEPA) board.

The resignation of the board chairman follows a mediated settlement between the agency and Trade Winds Citrus Limited over an oil spill caused by the latter party in the Rio Cobre in December 2023.

Minister Samuda, who overseas the environment portfolio in the MEGJC, while acknowledging “public concerns regarding the handling of the pollution event involving Trade Winds Citrus Limited and the subsequent withdrawal of the case”, underscored the Government’s commitment to protection of the river and the safety of water flowing from it.

“We understand valid concerns surrounding the care and protection of the Rio Cobre, which is a unique and invaluable asset. There have also been valid expressions of concern regarding the inclusion of a Non-Disclosure Agreement (NDA) clause in the mediated settlement. I have instructed NEPA to waive its rights under this NDA and NEPA has formally written to effect this waiver,” he stated.

Samuda promised that the details of the mediated agreement, along with the NDA and the chronology of events will be shared publicly on NEPA’s website today, November 29, 2024. He further highlighted the Government’s stance on the use of NDAs, noting they should be used only in very limited circumstances.

The minister declared: “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. 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.”

Samuda thanked Maddan for his contrubtion to the agency and reaffirmed the Government’s commitment to safeguarding the Rio Cobre and all other critical natural resources.

In December 2023, an oil spill on the grounds of Trade Winds Citrus Limited, though largely contained to manufacturer’s property, seeped into the Rio Cobre. According to NEPA the seepage was not significant enough to cause a fish kill or require an Environmental Impact Assessment.

The National Fisheries Authority defines a fish kill 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”.

Based on the results of the seepage, NEPA betermined that there was no basis for compensation or extensive consultation with stakeholders. At the same time, 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 associated with the cleanup was far more than the fines stipulated under the Wildlife Protection Act, which amounts to a maximum of $100,000 for breaches. 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. I wish to assure all Jamaicans that the Government remains resolute in its commitment to protecting the Rio Cobre and all our natural resources. We will continue to strengthen regulations, enhance enforcement, and ensure transparency in our actions, as we work toward a sustainable and resilient environmental future,” Samuda revealed.

UC Rusal pollution in 2022

Back in 2022, the Rio Cobre suffered a major fish kill after effluents from Russian-owned miner UC Rusal’s holding pond polluted the river. As a result, water supply to surrounding areas including Spansih Town was cut off and farmers lost crops due to loss of water for irrigation.

That event, Samuda said, highlighted the need for decisive action and greater accountability in safeguarding this vital natural resource.

“In response to the 2022 incident, the Government pursued the matter to the full extent of the law and exercised its authority to draw down on the performance bond of $117 million, as appropriate. This demonstrates our commitment to addressing breaches and enforcing environmental laws. To address these concerns, the Government has already begun collaborating with manufacturers, the mining sector, and the National Water Commission to achieve the ambitious goal of eliminating all effluent discharge into the Rio Cobre. Additionally, we are in the final stages of amending the NRCA and Wildlife Protection Acts to significantly increase fines for environmental breaches, strengthening our enforcement capacity,” he pointed out.

Moreover, Samuda reminded that the prime minister has directed NEPA to work with all stakeholders to develop the plans and engineering solutions to end all trade effluent discharge in the Rio Cobre.  The prime minister has also directed the establishment of a River Control Authority to enhance the governance and protection of Jamaica’s rivers.