CEJ files case against CEA and Customs on importation of waste

By Sheain Fernandopulle  

The Centre for Environmental Justice (CEJ), a Colombo based public interest environmental organization, has instituted legal action in the Court of Appeal (CA Writ 303/2019) against the Central Environmental Authority (CEA) and the Director General of Customs on the omissions and failures to regulate the importation of mixed contaminated waste for a period of time.  
The petitioners state that some entities have imported consignments of waste material which includes clinical waste, used cushions and mattresses, plant parts, plastic waste and other unclassified and hazardous waste into the country from United Kingdom in the guise of importing permitted consignments with the intention of disposing such waste within the country, which may cause severe damage to the environment as well as cause severe threats on the health of the general public of the country.   

Petitioners also state that if any such consignments containing chemical waste are permitted to be buried in our soil or sent to open dumps, the underground table and the surrounding environment will be severely affected thereby polluting and contaminating surrounding water bodies.   

People will be exposed to severe health risks due to the pathogens in the clinical or other waste found in the imported waste.   

Petitioners further state that all such alleged imports of waste have been imported without adhering to the terms of the BASEL Convention on the Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal for which Sri Lanka is a signatory and had ratified the said convention in 1992.  

CEJ Executive Director Hemantha Withanage said Sri Lanka does not have facilities to manage such waste and reception of such hazardous and added contaminated waste could be done only by a country which has the capacity of handling hazardous waste adhering to international standards.  

“Disposal of waste can be done only under a permit issued by the CEA under the regulations of the National Environmental Act No.47 of 1980 as per amended clauses,” Mr Withanage said.  

Disposal of waste can be done only under a permit issued by the CEA under the regulations of the National Environmental Act No.47 of 1980 as per amended clauses