Sasol appeared in the Secunda Court on 20 September 2022 on environmental charges
Sasol faced environmental charges in a rare turn of events on September 20, 2022. Nomia Machebe, Manager: Media and Communications, represented Sasol at their first appearance in court.
Sasol is facing a variety of charges. They range from pollution to Illegally dismissing a whistleblower to constructing facilities without the necessary authorisation.
“On Wednesday, 27 July 2022, the National Prosecuting Authority served Sasol with a summons instituting criminal proceedings. The charges relate to historical aspects of environmental management at its Secunda Operations,” said Alex Anderson, Group Media Manager: Sasol, In a statement released by Sasol.
“The summons follows an investigation by the National Environmental Management Inspectorate (EMI), as an agency of the Department of Forestry, Fisheries and the Environment (DFFE). Sasol fully cooperated with the authorities in this investigation,” continued Anderson, “The first appearance in the matter was in the Secunda Magistrate’s Court on 20 September 2022. The matter was postponed to 13 January 2023 for further investigation by the State, while Sasol awaits the docket.”
Some of the charges that Sasol is facing are so severe that fines of up to R10m or imprisonment (or both) could be made. This would be for each incident or collective, as decided by the judge.
Section 332 of the Criminal Procedure Act 51 of 1977 provides for the criminal liability of corporate or juristic persons as well as for directors and employees (shortened). In short, those that were involved as well as the directors could be held responsible in terms of the act.
Here is a more detailed look at the charges. Please note that these charges were shortened and do not reflect the exact charge sheet.
Unauthorised disposal of waste.
Sasol stands accused that, between January 2012 and February 2019, they illegally discharge or negligently disposed of waste that contained Vanadium, Diethanolamine & Potassium Carbonate from the Benfield West unit inside the Sasol plant. This was allegedly done through the chemical drain valve at the Benfield West phase 1 area into the chemical sewer which flowed into the API dams.
Unlawful prejudice and/or dismissal of a whistle-blower.
Whistle-blower Ian Erasmus was allegedly unlawfully dismissed in July 2020. The charges state that Erasmus’s contract of employment was terminated without any reasonable grounds
Please read: Whistleblower – To Be or Not to Be
Disposal that is likely to cause pollution.
Sasol also stands accused that, between January 2012 and February 2019, they unlawfully and negligently, disposed of waste in a manner that was likely to cause pollution or harm to health and well-being, by disposing of Vanadium into the API dams in which water is used in the cooling processes of the facility, and also discharged into the neighbouring river.
Commencing with listed activities without an environmental authorisation. (Activity 8)
Sasol allegedly disposed of waste as defined in section 20 of the Act, excluding domestic waste, but including the establishment, expansion, upgrading or closure of facilities for all waste, ashes and building rubble, by rehabilitating the Black Product Area without an Environmental Authorization and/ or a prescribed permit.
Commencing with a listed activity without an environmental authorisation (Activity 55)
In this charge, Sasol stands accused of allegedly constructing facilities for the treatment of effluent, wastewater or sewage with a daily throughput capacity of more than 2000 cubic meters but less than 15000 cubic meters, by constructing the MSU plant (Desalination Plant) without an environmental authorisation and/ or a prescribed permit/s.
Unlawful, negligent disposition/discharge of contaminated water source
And lastly, Sasol is charged with allegedly channelling the water from the API dams which is likely to contain the chemical Vanadium, into the Klipspruit river, an activity which caused or was likely to cause groundwater and environmental pollution between January 2012 and February 2019
What is Vanadium and what are the Hazards?
According to Wikipedia Vanadium is a chemical element with the symbol V and atomic number 23. It is a hard, silvery-grey, malleable transition metal. The elemental metal is rarely found in nature, but once isolated artificially, the formation of an oxide layer somewhat stabilizes the free metal against further oxidation
The website rsc.org list the uses of Vanadium as
About 80% of the vanadium produced is used as a steel additive. Vanadium-steel alloys are very tough and are used for armour plates, axles, tools, piston rods and crankshafts. Less than 1% of vanadium, and as little chromium, make steel shock resistant and vibration resistant. Vanadium alloys are used in nuclear reactors because of vanadium’s low neutron-absorbing properties.
Vanadium(V) oxide is used as a pigment for ceramics and glass, as a catalyst and in producing superconducting magnets.
Read more: https://www.lenntech.com/periodic/elements/v.htm#ixzz7ga8bJ5bz
Health Hazards of Vanadium
| Vanadium compounds are not regarded as a serious hazard, however, workers exposed to vanadium peroxide dust were found to suffer severe eye, nose and throat irritation. The uptake of vanadium by humans mainly takes place through foodstuffs, such as buckwheat, soya beans, olive oil, sunflower oil, apples and eggs. Vanadium can have a number of effects on human health when the uptake is too high. When vanadium uptake takes place through the air it can cause bronchitis and pneumonia. The acute effects of vanadium are irritation of the lungs, throat, eyes and nasal cavities. Other health effects of vanadium uptake are: – Cardiac and vascular disease – Inflammation of the stomach and intestines – Damage to the nervous system – Bleeding of livers and kidneys – Skin rashes – Severe trembling and paralyses – Nose bleeds and throat pains – Weakening – Sickness and headaches – Dizziness – Behavioural changes The health hazards associated with exposure to vanadium are dependent on its oxidation state. This product contains elemental vanadium. Elemental vanadium could be oxidized to vanadium pentoxide during welding. The pentoxide form is more toxic than the elemental form. Chronic exposure to vanadium pentoxide dust and fumes may cause severe irritation of the eyes, skin, upper respiratory tract, persistent inflammations of the trachea and bronchi, pulmonary oedema, and systemic poisoning. Signs and symptoms of overexposure include; conjunctivitis, nasopharyngitis, cough, laboured breathing, rapid heartbeat, lung changes, chronic bronchitis, skin pallor, greenish-black tongue and an allergic skin rash. |
What is Diethanolamine and what are the Health hazards
Diethanolamine is a surfactant, corrosion inhibitor; component in soaps, shampoo, cleaners, polishers, cosmetics, and pharmaceuticals; chemical intermediate in the rubber chemicals industry.
It is listed as Cancer-Causing by the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment
Also read: https://www.sciencedirect.com/topics/neuroscience/nitrosamine
It also becomes very hazardous when combined with other substances such as nitrates.
What is Potassium carbonate and what are the hazards
Potassium carbonate, K2CO3, appears as a white powder or as a colourless solid crystal and has a salty taste. Also known as potash or pearl ash, it may be used in pharmaceutical laboratories as a drying agent or as a source of potassium. It is also used in fire extinguishers, to make soap, to make glass, and softened water
Potassium carbonate causes severe skin burns and serious eye damage, it also causes serious eye irritation. It may result in permanent eye damage. It is harmful if inhaled or swallowed.
It may be corrosive to metals.
Potassium carbonate is harmful to aquatic life as it may increase the pH of waterways which will adversely affect aquatic life.
