EPA and its senior officials were convicted today (Tuesday) of causing the heavy ecological disaster in Nahal Tzin that occurred 11 years ago. Of dumping hazardous waste and dirt as well as the offense of causing a strong odor. Contractor workers operating in the field on behalf of EPA were acquitted.
The company’s CEO at the time, Yair Vida; VP of Engineering at the EPA, Shlomo Levy; .
In addition, Judge Habib did not accept the EPA’s claims regarding her immunity from prosecution for the project, and ruled that “it is impossible to evade legal responsibility. The defendants knew what the risks were, and had to take precautions. The workers did not receive training to deal with the leaks. ”
Heavy pollution of about 60 acres
In one of the most significant disasters caused to nature in Israel, during infrastructure works to renovate it, two EPA pipelines transporting jet fuel near Nahal Tzin – one of the largest and most important streams in the Negev – was damaged in the pipeline. 722,000 liters of fuel Due to the great difficulty of handling oil when it leaked in the field, and due to the company’s lack of preparedness to deal with malfunctions, in the field emergency operations only about 100,000 liters were pumped after the incident, while the leak led to animal deaths and unprecedented damage. Fix to date.
Justice Habib accepted the position of the State Attorney’s Office in the ruling, according to which the directors of the EPA are obliged to effectively monitor the work that is carried out and where there is a risk, in order to prevent the risk, and that the EPA did not fulfill this obligation. “It is not enough to monitor the quality of the renovation work, the quality of the paint and the casing of the pipe, and it is certainly not enough to send two inspectors to the area, who are not skilled in emergency or emergency response.”
It was further stated that the project management had abandoned the issues of handling an emergency event completely, and as some actions were taken, this could have reduced the environmental damage.
The court ruled that the defendants failed and did not act to instruct or practice conduct in an emergency event similar to those that actually occurred. “An emergency is no longer an unreasonable scenario at this point in time, and it should have been expected, as well as there was room to expect an understanding of the importance of field workers within such an event, leading to the conclusion that practicing such an event and targeted field workers can save lives and reduce The damage, “the court noted. “This failure lies directly at the doorstep of EPA managers, who know and understand the risks well from all those who have operated in the relevant work areas.”
Failures of the authorities
The lengthy ruling spans 200 pages, in which the judge details the responsibilities of officers in the EPA for the disaster. In addition, the ruling addresses the omissions of the authorities themselves after the leak occurred.
According to the ruling, one of the sections in the indictment was dropped due to misconduct by a senior official in the then Ministry of Environmental Protection, Guy Smet, now in charge of oil. At the time of the disaster, Smet served as the Southern District Director in the office, and is in charge of environmental oversight of the contaminated area. Samet authorized the EPA to return quickly to renovate the line after the first leak “due to the security need”, under only three conditions, which concerned the means of pumping and absorbing in the field as well as the media.
Following the leak, Smet noted that there was a need to improve the company’s procedures, and that it should hold discussions with the Ministry of Industrial Sewage and Contaminated Soils Division. However, Smet’s impression was not a condition for returning to project work. In these circumstances, the judge ruled, “the non-existence of this condition cannot be held against the defendants. Smet’s answer in the matter and the explanation he gave cannot stand. As stated, this should not be considered the duty of the defendants.”
The responsibility of the Nature and Parks Authority
The ruling also refers to the Nature and Parks Authority, And that the disaster was caused after an operator of an engineering tool tried to copy an Eshel tree from its place and hit a pipe. This, at the request of the RTG inspector. The judge ruled that the fact that the EPA and its people have a responsibility does not mean that other parties in the field are not responsible for the events.
The judge noted that along with the shortcomings in the supervision of RTG in the field over the works, the investigation conducted by the Nature and Parks Authority (RTG) was conducted improperly: “It was alleged that RTG officials disrupted the investigation by writing action reports, coordinating and contaminating the testimonies of RTG representatives and even by concealing evidence. In addition, RTG conducted an investigation in a conflict of interest and unfairness. The involvement of RTG inspector Tzachi Oleinik was clear. From the beginning, RTG was expected not to act in the investigation of the incidents, to refrain from actions that could disrupt the investigation and coordinate versions, and certainly there was room to refrain from exercising powers and investigating the incident at the criminal level. On the subject.According to the allegations, RTG acted contrary to expectations on all levels. “
The judge ruled that RTG did not act as it should have in the investigation of the events and the transfer of the investigation materials, and that it did not act in the manner expected of it, to the point of fearing an investigation with conflict of interest and disruption. ” [למצער] “Of RTG in transferring relevant materials to the various authorities. Even if the things were done negligently, this justifies an examination and drawing conclusions,” according to the judge.
Despite the conviction: the prosecution will not demand actual imprisonment
The verdict comes many years after the disaster occurred – in June 2011, and in fact, in the background is another criminal case against senior EPA officials, due to their responsibility for the Evron disaster that occurred in December 2014, only three years after the Nahal Tzin disaster. Levy and Savyon are still among the employees of the fossil fuel company, and Levy also serves as the company’s VP of Safety and Environmental Protection, despite his share of responsibility for the heavy disaster.
Either way, the hearing on sentencing arguments is set for March, and the prosecution will not demand actual prison sentences for the defendants. It is likely that the person who will bear the payment of such and other fines that will be imposed on them – is the public itself. According to the EPA regulations, signed by the Accountant General, Yahli Rotenberg, the company is entitled to indemnify officers due to a financial obligation imposed on them by a judgment, thus financing all their legal expenses in the proceeding.
Adam Teva VeDin: to impose actual imprisonment on those responsible
Adam Teva VeDin hopes that the State Attorney’s Office will demand real justice for the public and nature, and will ask the court to impose actual prison sentences on those responsible for the heavy disaster. According to Amit Bracha, CEO of the organization, “The result of the two pollution incidents from 2011 was first and foremost the removal of over 33,000 tons of land from the Nahal Tzin nature reserve, huge and irreversible damage to the entire living environment in the pollution areas. In addition, a significant portion of the contamination remains in the soil even after the huge amount of contaminated soil has been removed.
“One of the most valuable areas in Israel has been damaged in a way that is unclear if and when it will be able to recover, as a result of negligence, carelessness, or just a desire to save some money, effort or time. “He may endanger natural values, knowing that he must do everything necessary to avoid harming them – otherwise he will face a significant punishment. In order to convey this message, actual prison sentences must be imposed on those responsible.”