The Minister of Home Affairs said the problem of soot falling on residents’ properties near Belco can be addressed under clean air legislation that is set for debate in the House of Assembly today.

Walter Roban explained that a “nuisance” provision was introduced in the Clean Air Amendment Bill 2024.

It would mean the soot problem could be dealt with under the Clean Air Act instead of under the Public Health Act 1949, which provided for low-level penalties.

Despite residents, schools and businesses being exposed to the soot, not least since the commissioning of the North Power Station in 2020, Mr Roban said he was not aware of a single related fine imposed on the plant.

That could now change, he said.

Mr Roban told The Royal Gazette: “I think that is why I am passing the law so that they can be.

“I have not been satisfied; I have made public statements on this.

“I am glad that what I am doing now will make them a lot more responsible as to what happens around those soot discharges.

“The licensing of Belco is happening under my legislation and the statutory nuisance is under me now.

“The fines are higher, there are action plans that are required and the licence provisions of each entity will be substantially modified to reflect that they will have to act.

“That is why there was never any effort to act against them as a nuisance under the Public Health Act because it was felt it would be a meaningless exercise, at least to the gravity that everyone felt that the soot discharges were posing on those residents.

“The Public Health Act provisions were not sufficient.”

Belco has carried out some remedial work for some affected residents including painting over soot-streaked roofs and providing assistance with water filtration.

Mr Roban added: “Even if Belco paints the roofs, cleans the cars or sweeps the driveways, it doesn’t change the inconvenience and discomfort that these discharges cause.

“People still feel like they have been wronged.

“It is the nuisance, the inconvenience, the aggravation, it is how you feel about it — that is what is also being brought to value with this provision.

“We bring that into scope and account now with how we will regulate.

“Now we finally have a more robust nuisance provision.”

The Bill would also allow for the issuing of an emission control order when a facility is found to be in breach of standards, which would empower an inspector to request an “air quality action plan” to be submitted for approval — with a stop order to follow if it is not adhered to.

The licensee of a controlled plant that fails to comply with an order, or where “the nuisance is likely to recur”, could be sent to court and held liable to a fine not exceeding $20,000.

A series of new sections included in the Bill would allow for fines of $5,000 a day upon conviction of breaking an order, and enable the “cancellation, suspension and variation” of licences where an action plan has not been followed.

The principal Act would retain a potential fine of $50,000 per day for non-compliance of a stop order. A stop order may require a person on whom it is served to stop the contravention specified in the order.

Nuisance fines under the Public Health Act include a $420 fine on a person against whom the court makes an order, and where an order is not complied with, there is a fine of $336 per day of contravention.

Mr Roban said: “This is all part of trying to have a much more severe regime around penalties.

“Most of what we are doing there is to enhance stronger provisions for the nuisances.

“The air quality action plan is a new addition designed for those who receive an emissions control order.

“It is more prescriptive for those now in that they have to outline a plan for how they are going to remediate within a period of time.

“It covers their operation for the following three-year period.”

The Bill will prepare the way for regulations that aim to introduce more stringent air quality standards for emissions including fine particulates, nitrogen oxides, sulphur dioxide and volatile organic compounds.

Such pollutants can originate from industrial emissions, transportation and waste management facilities, and can contribute to respiratory illnesses, cardiovascular diseases and reduced life expectancy.

The regulations, which Mr Roban said align with, or even surpass, British and European Union standards, are to be tabled early in the new year.

Belco said earlier it has remained compliant under existing, less stringent regulations.

Wayne Caines, the company’s president, said last night: “Our entire team remains dedicated to minimising our environmental impact and fostering positive community relations.

“We welcome the proposed amendments to the Clean Air Act 1991 and will continue to meet our regulatory requirements as we work towards a sustainable energy future.”