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Did the contractors working on the incinerator who sliced into toxic ash pits sealed for ever breach the Construction Environmental Action Plan and what action has the Minister taken or propose to take

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3.8  The Deputy of St. Mary of the Minister for Planning and Environment regarding the possible breach of the Construction Environmental Action Plan in relation to the Energy from Waste Plant:

When the contractors working on the incinerator sliced into toxic ash pits supposedly sealed for ever just weeks into the construction phase, did they breach the Construction Environmental Action Plan and, if so, what action has the Minister taken or does he propose to take?

Senator F.E. Cohen (The Minister for Planning and Environment):

The Construction Environment Management Plan outlines the specific measures that will be taken to control and manage environmental issues on the site. It covers topics such as noise, air quality, water resources and ecology. The plan requires the contractor to take all reasonable actions to minimise risks of spills, leaks or other fugitive emissions to ground and, in the event of a leak or spill, to take all reasonable steps to minimise the area of exposed ground and carry out remedial clean up activities. The contractors are also required to report and record any pollution incidents within 24 hours. The Planning and Environment Department is satisfied that the actions taken by T.T.S. and their contractors accorded with the plan. They reported the incident in a timely and appropriate manner, immediately minimised contact between the waters from the pit and the surrounding ground and undertook all necessary remedial actions including replacing and resealing the damaged liner. Penetrating the liner was a highly regrettable incident but I am advised that in view of the circumstances I have outlined, further action would not be appropriate.

3.8.1 The Deputy of St. Mary :

The Minister appears moderately concerned about this issue but it worries me because within weeks of starting work a site that should have been marked out and should have been safe was sliced into. I would like to have the Minister's comments on whether he thinks any action perhaps should be taken about the water that enters the excavation pit on high tides being pumped out over the steel girders, over the steel piles, into a hole and then on out to sea. That is getting around the discharge permit. I wonder if he has any comments on whether that requires action from his department.

Senator F.E. Cohen:

I am not aware of the specific circumstances the Deputy has outlined. I will investigate the matter and if I find that there is any truth in the matters raised by the Deputy , I will certainly deal with those in the appropriate manner.

The Bailiff :

We come next to a question by the Deputy of St. Martin. Deputy , I notice and perhaps Members will notice that the Minister is going to make a statement later on. I wonder, because there are a large number of questions, whether you might wish to withdraw your question and put your question to the Minister after she has made her statement.

The Deputy of St. Martin :

If it might help because we may get to some of the others as well but I will be prepared to do that.

The Bailiff :

Very well. Thank you very much. That is withdrawn. We come next then to a question by the Deputy of St. Mary of the Minister for Treasury and Resources.