{"id":14786,"date":"2021-08-20T03:54:00","date_gmt":"2021-08-20T03:54:00","guid":{"rendered":"https:\/\/amabhungane.org\/?post_type=stories&#038;p=14786"},"modified":"2024-09-19T13:34:19","modified_gmt":"2024-09-19T13:34:19","slug":"210820-upl-chemical-disaster-a-gaping-legal-loophole-or-jaw-dropping-negligence","status":"publish","type":"post","link":"https:\/\/further.co.za\/amabwp\/210820-upl-chemical-disaster-a-gaping-legal-loophole-or-jaw-dropping-negligence\/","title":{"rendered":"UPL chemical disaster: A gaping legal loophole or jaw-dropping negligence?"},"content":{"rendered":"\n<p class=\"p1 wp-block-paragraph\">The agro-chemical giant UPL seemingly sidestepped crucial regulatory defences against environmental and health hazards at its warehouse in Durban \u2013 something for which residents, wetlands, rivers and beaches have paid the price since the facility was set alight on 12 July during civil unrest.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">One immediate consequence was that firefighters called on to extinguish the blaze \u2013 in the middle of widespread chaos \u2013 were unaware they were walking into a hazardous dangerous chemical fire, which put their lives at risk and hampered firefighting efforts.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">The contents of the warehouse were largely kept secret until <span class=\"s1\">amaBhungane<\/span> <span class=\"s1\">revealed an inventory<\/span> detailing the massive quantities of extremely dangerous materials stored there.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Amongst the chemicals stored were several banned in other countries, including at least 26 000kg of Masta 900, an insecticide containing the \u201cvery potent neurotoxin\u201d methomyl which is banned in India where UPL is headquartered, and for which \u201ccontact with skin, inhalation of dust or spray, or swallowing may be fatal\u201d.<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p class=\"p1 wp-block-paragraph\"><em><strong><span class=\"s1\">Read<\/span><\/strong><\/em><\/p>\n\n\n\n<p class=\"entry-title wp-block-paragraph\"><em><a href=\"https:\/\/amabhungane.org\/stories\/210818-upl-fire-heres-the-full-inventory-of-chemicals-in-the-destroyed-cornubia-warehouse\/\">UPL fire: Here\u2019s the full inventory of chemicals in the destroyed Cornubia warehouse<\/a><br><\/em><em><a href=\"https:\/\/amabhungane.org\/stories\/210817-here-it-is-the-toxic-stockpile-of-chemicals-in-torched-durban-warehouse\/\" target=\"_blank\" rel=\"noopener\"><span class=\"s1\">Here it is: The toxic stockpile of chemicals in torched Durban warehouse<\/span><\/a><\/em><\/p>\n<\/blockquote>\n\n\n\n<p class=\"p1 wp-block-paragraph\">The question is: how was such a dangerous facility allowed to set up shop alongside a busy Makro and 400m away from a school?<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<h4 class=\"wp-block-heading p1\">\u201cDangerous goods\u201d<\/h4>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Given the contents of the facility and the fallout from its destruction it is hard to grasp how UPL got away with not conducting the environmental and risk studies legally prescribed by the National Environmental Management Act (Nema) and the Occupational Health and Safety Act (OSHA).<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Under Nema, storing more than 80m<sup>3<\/sup> of \u201cdangerous goods\u201d is a listed activity and requires a basic assessment report, while storing more than 500m<sup>3<\/sup> requires a full environmental impact assessment (EIA).<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">By our calculation, the warehouse contained more than 6 000m<sup>3<\/sup> of \u201ccrop solution products\u201d, including more than 500m<sup>3<\/sup> of products that contain chemicals so dangerous they are banned elsewhere in the world.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">These chemicals included roughly 150 000 litres of atrazine and atrazine-based products, which are banned in the European Union (EU), and 40 000 litres of products using paraquat which is banned in more than 50 countries, including the United Kingdom, China, Thailand and EU nations.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">A very large proportion of the herbicides, insecticides, fungicides and intermediate chemicals in the warehouse are legally considered \u201cdangerous\u201d in a number of ways.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">This includes the fatal neurotoxins and possible carcinogens but also products that cause more minor injuries like skin and eye irritations, or damage to animals and plants. That means the 500m<sup>3<\/sup> threshold requiring a full EIA was also surpassed many times over.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">The more than 500m<sup>3<\/sup> of Triclon, a product containing triclopyr butotyl and classified as \u201cflammable, harmful and environmentally hazardous\u201d and which \u201cmay cause lung damage if swallowed\u201d should arguably have triggered an EIA all by itself.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">The company however denies it had any obligation to conduct an assessment.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">In a press release, two weeks after the fire, it said: \u201cUPL was advised, prior to opening, that the leasing and operating of a warehouse for its products did not trigger an environmental assessment under the Nema regulations. That advice has, since the fire, been confirmed by its legal consultants.\u201d<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">The company would not disclose that formal advice or even the outline of what its legal consultants have argued.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">AmaBhungane has established that the legal opinion UPL is relying on was written by Norman Brauteseth, a well-respected environmental lawyer based in Durban. Brauteseth would not discuss his legal opinion, calling it \u201cwell-reasoned\u201d but also \u201clegally privileged\u201d.<\/p>\n\n\n\n<h4 class=\"wp-block-heading p1\">Children in harm\u2019s way<\/h4>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Environmental authorisations are not just about ticking boxes.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">A crucial part of the EIA process is public participation, which gives impacted communities the opportunity to weigh in before a facility like UPL\u2019s is allowed to start operating.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Reddam Umhlanga, an elite private school and preschool, is situated just across the highway from the warehouse.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n<div class=\"wp-block-image\">\n<figure class=\"alignleft size-full\"><img loading=\"lazy\" decoding=\"async\" width=\"1350\" height=\"650\" src=\"https:\/\/further.co.za\/amabwp\/wp-content\/uploads\/2021\/08\/UPL-warehouse-location.png\" alt=\"\" class=\"wp-image-21030\" srcset=\"https:\/\/further.co.za\/amabwp\/wp-content\/uploads\/2021\/08\/UPL-warehouse-location.png 1350w, https:\/\/further.co.za\/amabwp\/wp-content\/uploads\/2021\/08\/UPL-warehouse-location-600x289.png 600w, https:\/\/further.co.za\/amabwp\/wp-content\/uploads\/2021\/08\/UPL-warehouse-location-300x144.png 300w, https:\/\/further.co.za\/amabwp\/wp-content\/uploads\/2021\/08\/UPL-warehouse-location-1024x493.png 1024w, https:\/\/further.co.za\/amabwp\/wp-content\/uploads\/2021\/08\/UPL-warehouse-location-768x370.png 768w\" sizes=\"auto, (max-width: 1350px) 100vw, 1350px\" \/><\/figure>\n<\/div>\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">The school has been hesitant to speak out but Keke Raviv, the head of marketing for Inspired Education, the UK group which owns Reddam, provided a few stilted answers:<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">\u201cWas the school aware of the presence of a chemical warehouse? No,\u201d she told us via email. \u201cWe were not contacted regarding an environmental assessment at any stage.\u201d<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Asked when UPL had reached out to warn the school about the toxic fumes billowing from the warehouse, she said: \u201cWe have had no formal communication from [UPL] or any other entity in this regard.\u201d<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">This means a school that normally houses hundreds of children had no warning that a chemical company had quietly moved in next door. It had no opportunity to object or develop an evacuation plan in case a disaster occurred. When that disaster happened, just three months after the company moved in, no one from UPL bothered to call.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Among the chemicals stored in the warehouse was at least 36 000 litres of chlorpyrifos-based insecticides which is banned in the EU. The US Environmental Protection Agency banned chlorpyrifos for agricultural use earlier this year because of concerns about \u201cneurodevelopmental effects to infants, children, and pregnant women\u201d, in other words, hampering the development of children\u2019s brains.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">The only saving grace, Raviv added, was that \u201cthis happened over the school holidays\u201d.<\/p>\n\n\n\n<h4 class=\"wp-block-heading p1\">Major Hazard<\/h4>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Apart from the avoidance of obligations under Nema, UPL has come under fire for not having done a risk assessment in terms of the Occupational Health and Safety Act (OHSA).<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">The act calls on anyone putting in place a \u201cmajor hazard installation\u201d (MHI) to notify the department of labour as well as the provincial and local government. On top of that they would have to put a notification in a local newspaper and post notices in the surrounding community inviting people to object.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">This would have been a second public participation process after one called for under Nema.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">The risk assessment itself would at the very least have to detail \u201can estimation of the total result in the case of an explosion\u201d and \u201cpotential effects of a major incident on any other installation, members of the public and on residential areas\u201d.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">In a 31 July press release, UPL said: \u201cIn relation to the risk assessment requirements under the Major Hazardous Installation (MHI) Regulations, UPL took the view that its warehouse operation did not constitute an MHI and that it did not need to conduct a risk assessment.\u201d<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Gerhard Verdoorn, an expert toxicologist who has advised UPL since the fire, reiterated this to us, reasoning that the MHI regulations only apply when very specific chemicals are at issue &#8211; mostly flammable petrochemicals that are listed in other OHS regulations, the General Machinery Regulations of 1988.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">None of the extremely dangerous chemicals in the Cornubia warehouse are on that list, Verdoorn pointed out. The current MHI regulations date from 2001 but a draft amendment released for comment in 2019 would potentially have put almost everything in the Cornubia warehouse on the list, but that draft has not become legislation yet.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Even under the current rules it is not clear-cut whether UPL\u2019s position is valid.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">As things stand the OSHA is at the very least ambiguous on when something is an MHI.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">It defines a MHI firstly as an installation where more than the \u201cprescribed quantity\u201d of any substance is or may be kept. This \u201cprescribed quantity\u201d refers to the explicitly listed petrochemicals Verdoorn is alluding to.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><em>We&#8217;re a non-profit newsroom that exposes wrongdoing, empowering people to hold power to account. But we cannot do it without <\/em><em><u><a href=\"https:\/\/amabhungane.org\/support\/\">your support<\/a><\/u><\/em><em>.<\/em><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">But the definition continues: \u201cany installation where any substance is produced, processed, used, handled or stored in such a form and quantity that it has the potential to cause a major incident\u201d.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Any substance.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">UPL has previously said: \u201cThe prospect of a cataclysmic fire, in the absence of the extraordinary circumstances that occurred in this instance, was extremely low.\u201d<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">There might be room for legal argument but UPL\u2019s self-exculpatory position definitely falls foul of industry best-practice.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">By way of contrast the local chemical group AECI has registered all its pesticide storage sites as MHIs.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Geraldine Kistin, AECI\u2019s safety, health, environment and quality manager, confirmed that the group has adopted the more expansive definition of such an installation:<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">\u201cThere are two criteria for determining whether a facility is an MHI: The first is the storage of a quantity of a listed material&#8230; This list is limited and focussed mainly on combustibles. The second criteria affects the storage of any material that \u2018has the potential to cause a major incident\u2019. The determination of the second criteria requires an expert assessment. All of AECI Plant Health\u2019s MHI\u2019s have been assessed as such by experts.\u201d<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">The eThekwini municipality has only after the fact awakened to the lack of an MHI registration. Asked if UPL had registered the warehouse spokesperson Msawakhe Mayisela responded:<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">\u201cThe site did not disclose their MHI status. There was no application or request to Local Authority made for the approval of the site\/establishment as an MHI.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">\u201cUpon receipt of the full inventory of the chemicals stored on site, there was no notifiable substances found. However, the client was instructed to evaluate the site risk base on the quantities stored.\u201d<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">This instruction apparently occurred only after the fire.<\/p>\n\n\n\n<h4 class=\"wp-block-heading p1\">Pointing fingers<\/h4>\n\n\n\n<p class=\"p1 wp-block-paragraph\">A number of companies played a role in saddling Durban with a secret toxic hazard: including UPL and JSE-listed Fortress REIT. This does create some ambiguity about who could be made to face the music if authorities \u2013 or the public \u2013 take any kind of legal action related to the lack of an EIA or risk assessment.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">In April this year UPL signed a five-year lease for 14 000m<sup>2<\/sup> of space in the newly-built warehouse in Cornubia, a multi-phase development sandwiched between the gated golf estate of Mount Edgecombe and the tourism heartland of Umhlanga.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">The Cornubia Ridge Logistics Park, within which the warehouse falls, was initially developed by Tongaat Hulett Developments as part of its ongoing programme of turning sugar cane fields into new urban areas.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">In 2016, Tongaat Hulett sold a portion of the Cornubia land to a joint venture led by property investment group Fortress REIT. Together with its partner, M&amp;F Giuricich Developments, it would later build the warehouse that UPL would rent.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">In order to comply with Nema, Tongaat Hulett did in fact commission an EIA in 2015 to look at whether the proposed development would pose any risk to the environment or neighbouring communities.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">At the time, however, there were no plans to lease out a part of the \u201cmixed use\u201d development for the storage of hazardous chemicals.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">[sidebarContentSingleImage target=modal url=https:\/\/amabhungane.org\/wp-content\/uploads\/2021\/08\/UPL-warehouse-location-Google-Earth.png][\/sidebarContentSingleImage]<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">But Kwazulu-Natal\u2019s environmental regulators made sure to close this loophole.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">In the written environmental authorisation it warned: \u201cPrivate facilities that require the storage and handling of dangerous goods that exceeds 80m3 in capacity are subject to a separate EIA application prior to the construction and installation of such infrastructure.\u201d<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">It added that this clause \u201cmust be included\u201d in any future \u201cpurchase and sales or lease documentation\u201d.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">This means that the normal thresholds for volumes of \u201cdangerous\u201d goods necessitating an EIA under Nema had to be literally written into the UPL lease with Fortress.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">The question is: why, despite a clear message from regulators, did UPL fail to commission a new EIA? And why did Fortress allow UPL to occupy the warehouse, knowing that it had not done one?<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">When amaBhungane first questioned UPL about its environmental permits, its public relations firm initially told us to rather speak to JHI Excellerate, the property managers. JHI Excellerate in turn told us to speak to Fortress, the property owners.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Steven Brown, the chief executive of Fortress, pointed the finger back at UPL: \u201cAs landlords we require the tenants to obtain all of the approvals that they require in order to operate their business from the premises being rented. This is contained in our lease which is a contract between the landlords and the tenant.\u201d<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">\u201cThe key for us now, as I&#8217;m sure you will agree, is assisting in the cleanup, and focusing on the rebuilding of our facility once given the go-ahead.\u201d<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">AECI, the UPL competitor, does conduct EIAs at sites storing high volumes of dangerous chemicals but its manager Kistin does make one allowance:<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">\u201cIf we were to commence operations on a third-party developed site as a tenant, this activity [an EIA] would not necessarily be triggered but another activity may be triggered.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">\u201c[T]he manufacture, storage and handling of pesticides, insecticides and herbicides is heavily regulated and clearly poses risks to human health and the environment. Whether one of the regulatory triggers for one of the various laws has been met is not always clear and will depend on the specific circumstances in which an activity is undertaken or commences and on occasion even the experts and regulators may differ.\u201d<\/p>\n\n\n\n<h4 class=\"wp-block-heading p1\">Firefighters on the front line<\/h4>\n\n\n\n<p class=\"p1 wp-block-paragraph\">UPL has time and again insisted that most of the dangerous materials in the warehouse were likely incinerated in the fire.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">But again, this in no way absolves the company of both legal and ethical requirements. A risk assessment would have ensured that the local fire department knew what was in the warehouse. UPL would also have been forced to draw up an emergency plan and provide copies to local government and emergency services.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Some risk assessors also advise companies to provide the authorities with detailed safety data sheets setting out the hazards for each chemical on site.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Instead, firefighters arrived unprepared and unaware of the danger they were walking into.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">\u201cWhen the fire was reported to us, the fact that it contained dangerous goods was not communicated to us,\u201d Bheki Hadebe, division commander for eThekwini Fire and Emergency Service, told us via email.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Although UPL reported the fire on the night of the 12<sup>th<\/sup> of July, the Makro next door had been badly looted, and the fire trucks needed a police escort to safely get through the makeshift barricades on the road, meaning it only arrived mid-morning on the 13<sup>th<\/sup> of July.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">\u201cWhen the fire department was eventually able to attend to it, the fire was so advanced and in places covered by so much rubble and sheet metal from the destroyed warehouse that it took several days to access certain areas and extinguish the smouldering debris,\u201d UPL later said in a press release.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Verdoorn, UPL\u2019s own toxicology expert, described it as \u201ca total fiasco\u201d.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">\u201cThey had no proper PPE&#8230; I would never go to a spill without full PPE and a respirator\u2026the real threat to human life was with the fire fighters,\u201d he told amaBhungane.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Hadebe told us that while firefighters had breathing apparatus to protect them from any toxic fumes, the PPE they had was not designed for chemical spills. UPL had provided the fire department with safety data sheets setting out the risks posed, but only for three herbicides out of the hundreds of chemicals stored in the warehouse: Oris, Leopard and Dizone F3.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">It is not clear why UPL chose these three products out of the hundreds in the warehouse. The active ingredients in Oris and Leopard are toxic, while Leopard and Diozone produce toxic fumes in a fire. But these were neither the most common or the most dangerous products in the warehouse.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Based on those three chemicals, the firefighters felt they were adequately protected, Hadebe said, adding that so far none of the firefighter have reported experiencing any adverse health effects.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">But knowing what was in the warehouse could also have changed the strategy firefighters used.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">\u201cIf they had declared all the chemicals in the warehouse we might have taken a different approach, in terms of the strategy,\u201d Hadebe said. This includes using different firefighting equipment and \u201cfighting the fire from a safe distance\u201d.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Among the chemicals in the warehouse UPL had a number classified as \u201chighly flammable\u201d as opposed to simply combustible. These include 8 000 litres of Judge, an insecticide containing lufenuron that \u201cwill be easily ignited by heat, sparks or flames\u201d.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">There was also 17 600 litres and 26 000kg of highly flammable bromoxynil-based herbicides. Another \u201cextremely\u201d flammable substance in the warehouse was 11 000 litres of the herbicide Tenazol.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Many of the substances stored in the warehouse also required very specific fire-fighting methods.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Take for instance the 36 000 litres of chlorpyrifos-based insecticides that the EPA banned over risks of developmental effects on children.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">According to a safety data sheet produced by UPL itself, in case of a fire, emergency responders should use dry powder to extinguish the flames and \u201cavoid water coming in contact with the product\u201d.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">When it burns chlorpyrifos produces toxic fumes or a \u201cpoisonous mist\u201d. Firefighters must wear full PPE with self-contained respirators. The fumes are so bad that the data sheet advises that \u201cseverely contaminated clothing that cannot be adequately decontaminated\u2026must be disposed as a hazardous waste\u201d.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Masta 900, the insecticide containing the \u201cvery potent neurotoxin\u201d methomyl produces \u201cvery toxic fumes\u201d of nitrogen dioxide and sulphur dioxide when burned. When fighting fires the safety data sheet warns: \u201cdo not get water inside the containers. Runoff to sewers could create fire or explosion hazard\u201d.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Another product, MSMA 720, specifically warns firefighters: \u201cDo not use direct jet of water. Avoid water coming in contact with the product. Contain water used for fire fighting for later disposal. Avoid the accumulation of polluted run-off from the site.\u201d<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Unfortunately, this is precisely what happened.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">\u201cBecause a significant volume of water was used to extinguish the fire &#8230; water from the fire operations overwhelmed the containment system and escaped into the environment,\u201d UPL noted in its 31 July press release.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">Damaged water mains then exacerbated the situation: \u201cLarge amounts of water that went down the drains with the chemicals were from the onsite water supply that flooded the warehouse after the roof collapsed when there was an explosion from this building,\u201d Hadebe told us.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">From here, water contaminated with the toxic soup of insecticides and herbicides flowed into a wetland, and into the Ohlanga river, the Umhlanga Nature Reserve and the sea.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">\u201cThe fish didn\u2019t stand a chance,\u201d Verdoorn told us. \u201cThey have almost no resistance to toxins. We are still going to see a massive impact on plants [over time]. The water will, in time, recover but for now the entire area is a hazard zone.\u201d<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">To date, three-and-a-half tonnes of dead fish and sea-life have been collected from the Ohlanga river and the beaches. This is not surprising when one looks at how many UPL products are classified as \u201cvery toxic to aquatic life\u201d and \u201cmay cause long lasting harmful effects to aquatic life\u201d.<\/p>\n\n\n\n<h4 class=\"wp-block-heading p1\">Radio silence<\/h4>\n\n\n\n<p class=\"p1 wp-block-paragraph\">For weeks after the fire, the community and authorities had to guess what was in the plumes of smoke and the runoff that contaminated rivers.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">By contrast a nearby company Digistics issued a pre-emptive notice to authorities and residents on 13 July warning that its Cornubia warehouse contained a relatively small amount, 2&nbsp;500kg, of a hazardous and explosive anhydrous ammonia.<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">\u201cFirst responders and authorities must prepare to react to an emergency situation with the utmost of caution and be prepared for necessitated evacuation of the immediate and surrounding areas otherwise,\u201d the company said, providing the cell phone number of the regional manager.<\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">UPL did not respond to our detailed questions. Instead, its public relations firm referred us to the holding statement UPL has used since 24 July:<span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n\n\n\n<p class=\"p1 wp-block-paragraph\">\u201cWe apologise that our client is unable to provide you with a detailed response at this time. Their immediate efforts &#8230; have been directed at extinguishing the fire, containing the escape of product from the facility property, and dealing with the many tasks associated with those activities.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"<p>How did a warehouse storing tons of toxic and flammable chemicals, some banned elsewhere, quietly move in next door to a school, a Makro superstore and a wetland without anyone knowing?\u00a0<\/p>\n","protected":false},"author":6,"featured_media":21031,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[2],"tags":[704,231,3,705,706,460,690,36,707,708,709,710,692,711,712,713,670,693,714,715,716,474,717,718,719],"class_list":["post-14786","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-stories","tag-aeci-plant","tag-amab","tag-amabhungane","tag-bheki-hadebe","tag-chemicals","tag-dewald-van-rensburg","tag-dr-gerhard-verdoorn","tag-ethekwini","tag-fortress","tag-geraldine-kistin","tag-mf-giuricich-developments","tag-major-hazardous-installation-regulations","tag-methomyl","tag-mhi","tag-mount-edgecombe","tag-msawakhe-mayisela","tag-nema","tag-neurotoxins","tag-norman-brauteseth","tag-paraquat","tag-steven-brown","tag-susan-comrie","tag-tenazol","tag-tongaat-hulett","tag-upl-warehouse"],"acf":[],"_links":{"self":[{"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/posts\/14786","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/comments?post=14786"}],"version-history":[{"count":2,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/posts\/14786\/revisions"}],"predecessor-version":[{"id":30053,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/posts\/14786\/revisions\/30053"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/media\/21031"}],"wp:attachment":[{"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/media?parent=14786"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/categories?post=14786"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/tags?post=14786"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}