Coalition accuses Government of failure on public health
A pressure group has accused the environment department of "catastrophic failures“ in adequately protecting public health and is calling on the Government to “immediately” reopen consultation on clean water legislation.
The Bermuda Clean Air Coalition issued a statement to The Royal Gazette in light of a water quality report on chemicals found in the tanks of residents and schools.
The pressure group also responded to policies it claimed were restricting residents’ access to affordable nutritious food.
The group believes that the water report, completed on August 5, was “suppressed”, with the Department of Environment and Natural Resources only releasing it on Tuesday after consultation on the Water Resources Bill had closed on July 10 and the Clean Air Act on August 31.
However, the Ministry of Home Affairs moved to clarify that the Water Resources Act does not cover potable tank water.
It said in a statement that water testing referenced by BCAC pertains to Belco emissions under its operating licence, approved by the Environmental Authority, and falls under the Clean Air Act.
The Water Resources Act was designed to manage and safeguard Bermuda's freshwater lenses, which are critical to the island’s groundwater resources.
A spokesman for the ministry said: “This distinction is essential in understanding the scope and intent of each legislative framework and would have been explained directly to the BCAC if they had chosen to meet in person with DENR.”
The BCAC added that the “contradictory policies” of the DENR are “directly contributing to Bermuda’s ongoing health crisis” including lack of enforcement over soot and emissions from Belco affecting neighbouring properties, and the enforcement of “overly strict food import policies”.
The water quality in tanks was assessed at ten homes and four schools in May, in accordance with the requirements of Belco’s operating licence.
The report shows that while various contaminants were found in some tanks, the samples passed Bermuda and the United States’s primary standards, meaning they do "not indicate an immediate health risk”.
Some samples exceeded secondary standards — but the report says that secondary standard breaches are only associated with aspects of water such as appearance, odour and taste.
However, the BCAC claims that separate independent water tests carried out in the past by ETR Laboratories advised that water from affected homes was not safe to drink owing to the presence of heavy-metal contaminants.
The BCAC said in a statement that the tests carried out in May by the Bermuda Institute of Ocean Sciences reveal “alarming” levels of pollutants in some tanks.
In its statement, the BCAC said some tested properties showed high levels of iron, in addition to the presence of lead, barium, aluminium, manganese, strontium, vanadium, zinc, cadmium and the polyaromatic hydrocarbon phenanthrene.
It said that “concerning compounds” including strontium, barium, vanadium, arsenic and others were discovered in the water of some homes near Belco.
It said the testing carried out by Bios was inadequate because it only tracked 12 chemicals, “ignoring many crucial heavy metals found in recent independent studies”.
The coalition added: “BCAC is deeply concerned about the DENR’s catastrophic failures in protecting public health and the environment, which are directly contributing to Bermuda's ongoing health crisis.
“Bermuda faces alarmingly high rates of chronic diseases, including diabetes, obesity, and various cancers. Nearly half of Bermuda's residents are affected by at least one chronic health condition.
“These diseases are often linked to environmental pollution and/or a lack of access to nutritious diets — two areas directly impacted by DENR's contradictory policies.
“DENR's repeated failures are creating a perfect storm of health risks. Their lax industrial pollution control combined with restrictive healthy food import policies is directly contributing to Bermuda's health crisis. Bermudians deserve better. We call for an immediate overhaul of Bermuda's environmental and public health regulations to protect our children, improve our population's health and secure our island's future.”
The ministry spokesman said that DENR “firmly disputes any allegations of negligence or failure to act in the public interest”.
He said: “Our approach to policymaking is evidence-based, transparent and inclusive.
"The DENR remains committed to protecting the environment and we will continue working diligently to ensure that the necessary legislative frameworks are in place to address current and future challenges."
The BCAC has requested a revision of the DENR’s food import policies and the transfer of the department’s environmental responsibilities to an independent regulatory body that is not politically aligned.
In its consultation submission, the BCAC also urged the Government to move forward with renewable energy generation.
The ministry said in response: “The DENR remains open to discussions on food policy, though it is separate from air and water resource management. Again, DENR could have explained this had BCAC taken the opportunity to meet.
“In response to BCAC's calls for a shift to renewable energy, the Government has already made this policy commitment under the Integrated Resource Plan, which the independent Regulatory Authority is currently reviewing.
“Public and stakeholder engagement opportunities will continue as part of the ongoing consultation process. The transition to renewable energy is critical to our long-term environmental strategy and DENR is fully committed to this shift.”
The BCAC also called for the implementation of state-of-the-art monitoring methods for air and water quality to accurately assess environmental health risks.
The Bermuda Clean Air Coalition said it has now received acknowledgement of receipt on its 89-page consultation submission for the Clean Air Act from the Government.
The Government extended the consultation from three to six weeks and the pressure group drew up a response with the help of British-based consultancy company Earth Forward Group, and with the endorsement of the Bermuda Environmental Sustainability Taskforce.
The BCAC has called for a formal response to the submission, addressing each concern and recommendation, before the new legislation is sent to Parliament.
The Ministry of Home Affairs said in a statement that the department received 190 submissions through public forums and meetings with various organisations.
It said: “Many of these were responded to during the consultation period. We are now reviewing these submissions, with specific points requiring further examination by the Attorney-General's Chambers for potential inclusion in the proposed amendments.”
On the BCAC’s submission, it added: “DENR is actively reviewing the information in this document. It must be noted that BCAC did not participate in any in-person consultation opportunities despite multiple invitations.
“On the other hand, BEST submitted two documents, both of which were included in the 190 reviewed submissions and received responses during the consultation period.”
A ministry spokesman said: “We are disappointed by BCAC's public criticism of DENR without meeting or before receiving their final submission. The ministry believes communication through local media rather than direct engagement is not productive. DENR has always encouraged open, transparent, constructive dialogue regarding the Clean Air Act and will continue to do so."
In its consultation document, the BCAC called for more stringent air quality standards, as aligned with the World Health Organisation’s, than were written into the draft legislation.
The Government has now said in response: “The Government remains committed to aligning national regulations with WHO guidelines and more stringent international jurisdictions while considering Bermuda's unique environmental and public health realities.
“The proposed legislation reflects this balance, ensuring that we adhere to international best practices while also ensuring feasibility in local implementation. DENR continues to evaluate new data and recommendations to uphold the highest health and safety standards.
“DENR is responsible for enforcing the Clean Air and Water Resources Act in close collaboration with other regulatory bodies. We are committed to ensuring compliance through regular inspections, reporting, and enforcement actions to maintain environmental integrity and protect public health.”
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