PETALING JAYA: A lawyer says members of the public can sue the company responsible for the water pollution that has disrupted supply to 1.2 million consumers in the Klang Valley.
Speaking to FMT, Derek Fernandez, an expert in local government and environmental laws, said this was one way the affected public can seek compensation for the inconvenience caused by the unscheduled shutdown of four water treatment plants.
He added the public could sue the relevant local authority and even Lembaga Urus Air Selangor (LUAS) if it can be proven that there was an abuse of power or willful failure to act against the culprits more so if it has happened before.
Kajang assemblyman Hee Loy Sian said yesterday that the source of the pollution was a heavy vehicle workshop in Rawang and according to a New Straits Times report, the same factory had previously been compounded RM60,000 for the same offence.
Fernandez said the latest water disruption was a threat to the water security of Selangor, depriving people of clean water at a time when regular hand washing was an important part of the fight against Covid-19.
“’Hundreds of businesses already suffering due to Covid-19 now face serious losses as a result of days of water disruptions. So it is inadequate, improper and even irregular for paltry compounds to be levied against the wrongdoers,” Fernandez said.
He listed a series of laws which should be used and immediately enforced against the pollution culprits to deter others from doing the same.
This includes Section 121 of the Water Services Act 2006 which provides penalties for the contamination of water supply namely, an RM500,000 fine or 10 years’ jail or whipping or all three.
“This section read together with the provisions of the Penal Code and Criminal Procedure Code would allow immediate arrest of the individuals involved,” he said.
He said Section 277 of the Penal Code makes it a criminal offence for a person who corrupts or fouls a water source or renders that water source unfit for use, and provides a jail term of three months or RM1,000 fine or both.
The Local Government Act 1976 allows the local authority to take action for pollution of streams or rivers including demanding that the offender clean up the pollution at its own cost.
Should the offender fail to do so, they will be liable for full costs of rectifying the problem.
“This can include the total costs the water authority and local authority have to incur to rectify the situation. Also, the person can be liable to pay a fine of RM2,000 or imprisonment of up to one year or both.”
He added that Section 70 of the same act actually allows for a fine of RM5,000 and imprisonment for up to two years or both.
“The same act and various by-laws also allow the local authority to not only seal the building but seize all items in the building that were part of the production to produce the pollutant and caused a public nuisance by contaminating the river.”
The local authority can also close down the business permanently by refusing to issue a licence to the company because of the risk of future water pollution from their business and of the individuals concerned not being able to manage that risk.
“In fact, the act gives the local authority the power to demolish the building in the event the nuisance, in this case river pollution, cannot be abated and the factory remains a threat to public health.”
Assets seized from the factory can even be auctioned off towards rectifying the problem, he said.
“Where the laws include a penalty of a jail term and or fine, the government must request a jail term and custodial sentence for repeat offenders because of the serious damage caused to the public.”
Fernandez added the authorities should also disclose full names and the company, or businesses found to have caused pollution.
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