The following is a release from Trade Winds Citrus Limited on Rio Cobre oil spill controversy:

Trade Winds Citrus Limited (TWCL) has noted recent media reports regarding a settlement reached with the National Resources and Conservation Authority (NRCA) concerning criminal proceedings arising from an oil spill in December 2023.

TWCL wishes to clarify the details of the matter and provide additional context.

Incident Overview On 12 December 2023, TWCL was made aware of an oil spill at the Dairy Farmer’s Facility (DFF), an outdated beverage processing plant it had recently purchased. The spill affected a 1.4 km canal located on the DFF property. This canal, shared by several other companies and residences, leads to the Rio Cobre River. Upon notification, TWCL acted immediately to contain the spill, taking swift action to prevent further contamination.

Measures included:

• Blocking the mouth of the canal to prevent contamination of the river.
• Creating check dams at intervals upstream in the canal.
• Deploying oil booms, absorption pads, and skimmers to recover the oil and limit its spread.

Remediation Measures

TWCL launched an immediate and comprehensive clean-up operation, working in close partnership with environmental experts and agencies, including the National Environment and Planning Agency (NEPA).

Key actions taken during the remediation process included:

• Manual recovery of oil and the use of eco-friendly dispersants.
• Excavation and bioremediation of contaminated soil, one of the most effective and expensive methods of environmental remediation.
• Incineration of other contaminated materials.
• Monitored natural attenuation (MNA) to facilitate the natural breakdown of pollutants in soil and groundwater.

Regular monitoring and testing of both water and soil confirmed TWCL’s compliance with the NRCA Revised Standards for Petroleum in Groundwater and Soil (2015).

Importantly, there was no evidence of any environmental damage or a “Fish Kill”, as confirmed by both the NRCA and NEPA. Assertions that local fishermen were unable to fish due to the incident are unfounded.

Legal Proceedings and Settlement

On 18 December 2023, the NRCA initiated criminal proceedings against TWCL in the Saint Catherine Parish Court for an alleged breach of Section 11 of the Wildlife Protection Act. TWCL was charged with causing polluting matter to enter the Rio Cobre River, which carries a maximum fine of J$100,000. The NRCA was the complainant, and it acted as prosecutor through a fiat granted by the Director of Public Prosecutions (DPP), the prosecuting arm of the government. There was no other party to this case, and there is no provision for any compensation claim in this type of proceeding. Following extensive discussions and mediation, the NRCA recognized TWCL’s prompt, effective, and professional remediation efforts, and the absence of environmental harm. Consequently, the NRCA entered into a Mediation Settlement Agreement with TWCL, which included its withdrawal from the proceedings. The agreement was based solely on the continued commitment of TWCL to uphold and expand its use of best environmental practices, as well as further collaboration with local groups to develop sustainable solutions for the protection of the Rio Cobre River and surrounding ecosystems.

There is nothing secret or controversial about this agreement, and it did not involve any form of monetary compensation.

The focus of the agreement was on enhancing TWCL’s environmental stewardship and ensuring the company’s ongoing commitment to sustainability. On 27 November 2024, the NRCA formally indicated to the Saint Catherine Parish Court that it would offer no evidence in the case, leading to the Court’s discharge of TWCL from the charges. Continued Commitment to Environmental Stewardship TWCL has always demonstrated a strong commitment to environmental protection. The company remains steadfast in its dedication to the environment and upholding the highest standards of environmental management. TWCL reaffirms its commitment to best practices and has intensified efforts to safeguard the Rio Cobre River and its surrounding ecosystems. As part of its proactive approach, TWCL is fully compliant with the Government of Jamaica’s recent mandate to ban any form of discharge into the Rio Cobre River.

TWCL operates an NRCA-approved wastewater treatment system, which recycles all discharge for the irrigation of its crops. Recognizing the challenges the government’s mandate may pose for other companies, TWCL has offered to share its wastewater disposal solution as a model for broader industry compliance.

In further support of environmental monitoring, TWCL has made several kilometres of its riverfront property available for NEPA to install early detection devices. These devices will provide real-time alerts for potential pollutants, reinforcing efforts to protect the Rio Cobre and its ecosystem.