The Government threatened to issue a legally binding order on Belco requiring it to control emissions from the North Power Station, according to minutes released by the Environmental Authority, Bermuda’s emissions regulator.

Emissions Control Orders can be imposed under the Clean Air Act 1991 if it appears “there is in the air an air contaminant that is, or is likely to be, injurious to life or health, or to be detrimental to property”.

The order considered by the Department of Environment and Natural Resources relates only to “damage to property”.

Orders can also be imposed under the Act if an inspector deems a concentration that exceeds, or could exceed, the maximum concentration prescribed for that air contaminant.

The minutes of the meeting dated April 25, 2023 state: “The authority took note that the environmental engineer, DENR [Geoff Smith], sent a warning letter to Belco on April 17, 2023 advising them that Government is considering the issuance of an Emissions Control Order under section 12(1)(v) of the Clean Air Act 1991.

“Specifically, the Emissions Control Order relates to the 'damage to property' caused as a result of the periodic emissions of soot fallout.

“The department has provided Belco until the June 1, 2023 to provide a suitable response, with justified reassurances, of why an Emission Control Order should not be issued, which is in accordance with the process of natural justice.”

Both Belco and the department have been approached for the latest information in relation to the matter.

Under the Clean Air Act, a stop order can be imposed, requiring the utility to cause the emissions to be stopped.

Contravention of this order can result in fines being imposed on the utility of up to $50,000 per day for every day noncompliance continues.

An initial investigation was launched by the Ministry of Health in February. Kim Wilson, the Minister of Health, could have ruled the emissions a statutory nuisance and had them abated under the Public Health Act 1949 but instead passed the investigation on to the DENR.

Asked about the status of the investigation this week, a spokesman for the Ministry of Home Affairs, under which DENR falls, said: "The ministry is working to address the issue facing many residents, businesses and schools impacted by Belco's emissions.

“To that end, under Section 12(1)(v) of the Clean Air Act, the DENR continues actively investigating the matter; as such, the ministry cannot comment further until the investigation is complete.”

Further questions have been asked of the ministry since news emerged that the Emissions Control Order was under consideration.