PHILIPSBURG--The Court of First Instance issued a NAf.-1,000 fine to a 37-year-old businessman Wednesday for the unlicensed and environmentally hazardous storage of oil at two locations.
Following Prosecutor Bart den Hartigh's demand, the owner of the waste management company was also ordered to transport the oil off the island and to clean up the polluted soil in plots on Hyssop Road in Cay Hill and in Sucker Garden, where the oil was stored. Judge Monique Keppels gave businessman Bevan Payne one month to do so.
Payne told the Court he had been collecting waste oil from ships and restaurants on the islands since 2009. In the meantime, he had gathered some 50,000 gallons of oil. He said he had made arrangements with a US-based company to have the oil shipped out of St. Maarten, but until now this company had not lived up to its promises.
According to Inspection Head Henry Ellis and Inspector Joe Olivacce, who were both present at the hearing, Payne had been operating without a licence and had never built better storage facilities, despite their urging him to do so.
"He moved part of the oil, which is stored in the open in oil drums, to a location in Sucker Garden. He had promised to lock the drums away in three containers, but up to now there is only one container. This container is not locked and the terrain is easily accessible, causing a hazard to the surroundings," Ellis said.
"Some of the oil drums are damaged and the soil underneath is soaked with oil," Olivacce added.
The Inspection Department, estimating that clearing the oil and cleaning the terrain would cost an estimated US $18,000, requested the court to impose a conditional fine of US $5,000.
The prosecutor pointed at the fact that the waste ordinance only allowed a maximum fine of NAf. 3,000. He suggested that the court impose a conditional fine of NAf. 1,000 and a suspended prison sentence of two weeks, on the condition that Payne removed the oil and cleaned up the storage locations in one month's time.
"I am not trying to dump oil," Payne said in his defence. He said he had wanted to build a waste recycling plant, but that he could not provide the $300,000 involved with the construction. He further said he had turned to government for help, but had never received any.
He admitted that the oil was not stored properly and that some broken barrels had leaked. "Oil is a hazard to the environment. I accept the reasons for the fine," Payne said.
The inspectors said they had warned him several times since last year to remedy the situation, or face the consequences. In answer, they had always heard the same story. "He promises that something will be done very soon, but when we come back, everything has remained the same."
Oil Mop is currently the only licensed waste management company in St. Maarten involved with oil collection programmes.
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