PROCEEDING OF THE INTERNATIONAL
CONFERENCE ON
EUROPEAN
ENVIRONMENTAL POLICY
REMAINS OF THE CYPRUS MINING CORPORATION IN THE INTERNATIONAL CONTEXT
Near
east University, Lefkoþa, TRNC
Abstract
The
results and effects of the open cast mining and refinery operations of the
Cyprus Mining Corporation (CMC) in Lefke, Gemikonagi has been assessed by many
scientists. The accumulation of the chemical wastes has lead to enormous land
contamination, sea and ground water pollution and air pollution. This
contaminated land problem has been defined by many authorities as the Eastern
Mediterranean problem rather than owing it to the island of Cyprus.
Within
the countries of the European Union (EU), there is no single policy model for
dealing with contaminated land, and EU itself has not addressed this particular
issue yet. The norm across Europe is that any party causing contamination of a
site is obliged to remediate the soil and contaminated sites.
The
underlying principles of the Sixth Environment Action Programme of the EU
"Environment 2010: Our future, our choice" is to integrate the concept
of environment into the economic and social policies and to increase the
responsibility of the stakeholders, citizens and businesses which should take
more ownership of efforts to protect the environment. At the beginning of the 21st
century, should this be an approach of any business, and then it is a serious
question to pose that what should be the role of this mining company in
restoration of the site in Lefke.
The
copper mining and refinery operations of the CMC caused the dereliction and
degradation of the landscape in Lefke, Gemikonagi. Accumulation of heavy metals
in the area caused soil and water pollution, which brought restrictions to
animal and plant lives and growth, in the area.
The
contaminated land problems are being faced throughout the world as a result of
various mining activities. Targeting economic development irrespective of
environmental concerns is resulted in threats to human health, nature and
bio-diversity, and animal and plant lives, in many parts of the world.
Governmental authorities are trying to get the responsible companies for the
remediation of the contaminated sites.
Even though many EU countries are facing the same problem, there is no single policy model adopted throughout the EU. However, according to the EU environmental laws, policies and principles, the liable bodies should take the required action to remediate and reclaim the contaminated lands.
Mining
in Lefke and CMC
CMC,
which is acquired by Phelps Dodge Mining Corporation recently, has had a long
mining history and extensive investment in conventional mining and smelting
facilities in Cyprus.
The
company operated at the great profit to its own shareholders at the expense of
damage to the physical, social and spiritual well being of Lefke, Gemikonagi,
whereby the mining activities hampered a peacefulness and prosperity of this
part of the island.
The
pollution created by the activities of the CMC in the area between the years
1916 and 1974, represents an example of enormous land contamination. The open
cast mining and refinery operations resulted in the accumulation of chemical
wastes in high concentrations exceeding standards; copper from floatation tanks,
cyanur from gold mining, 25-30% sulphur from pyrite tanks resulted in soil, sea
and ground water pollution and air pollution in summers, due to the heat,
forming sulphur gases and mining dust. In addition, ferrous and copper sulphates
are transferred to the sources of surface water with air and caused accumulation
of these heavy metals in irrigation and drinking water sources. Another
important point is that, since the wastes from mining activities are open to the
atmosphere, the wastes containing pyrite and calcopyrite continuously gives
reaction with rainwater and oxygen increasing acidity of sea, surface and
groundwater.
The
extent of contaminated land in Lefke, Gemikonagi is at such a level that it
could be regarded as a global environmental problem. Mining Corporation has left
huge amount of chemical wastes covering an area of 500 km2 with
hazardous wastes of 8 million tonnes.
The
accumulation of the heavy metals like copper, arsenic and barium in the
Mediterranean is threatening lives in the sea. Approximately an area of 5 km in
wide and 800m in length is polluted in Mediterranean Sea, turning its colour
into red, which becomes more severe at rainy days. According to the scientific
researches conducted in the area, as heavy metal concentrations are very high,
all agricultural activities, usage of the ponds of Gemikonagi as a potable and
domestic water supply and farming have become very dangerous. As a result of
water sampling from 8-10 m. away from the ponds of Gemikonagi ferrous, copper
were found to be in high concentrations with such a low PH value of 2.42.
(Gokcekus, H. and Gokcekus, H., 1995, p147)
The
clean-up and remedial action is extensive and involves detailed diagnostic
analysis and monitoring, water and tailings containment, water treatment and
soil treatment. It requires a major clean-up operation, a secure repositioning
of the toxic waste and establishment of monitoring mechanisms and pollution
controls to prohibit further decontamination. Researches prevailed that cost of
clean up of this site varies between the values of $ 300 and 500 million. (Erdem
U., 1999, p16) In an area of 100 km2, underground and surface water
and soil contamination is at dangerous level threatening all living organisms in
the area.
Dumps
from past copper mining operations have now created serious acid mine drainage
and toxic seepage.
During
the course of operation of the CMC, between the years 1916 and 1974, the company
has helped the economic development of the area. After division of the island in
1974, the company has ceased operation with the excuse of the political issues
and left the dumped wastes containing heavy metals and radioactive substances.
Wastes
was placed in inadequate tailing dams and resultant leakages have contaminated
local water supplies and soils with acidic waters. This highly acidic cocktail
of dissolved metals has spread throughout the surrounding estuary and coastal
areas. Consequently, besides health problems, since the mining wastes were
dumped near the sea, the development of the province has been inhibited for many
years as a result of limited investment in the area. The tourist industry and
fisheries have been threatened, the local-well water supplies destroyed and the
agricultural usage of the area ended.
Mining
in international context
Examples
of such serious contaminated lands are various. In conjunction with USA laws,
American companies are obliged to clean up the contaminated areas resulted of
their operations. The USA Government targets previous owners of the mines making
them liable. As an example, the Smuggler Mountain lead mining site in Colorado
has a serious acid mine drainage and toxic seepage problem. Its old lead and
cadmium mine workings have contaminated soils and groundwater in neighbouring
residential areas. The cost of this project as estimated by Environmental
Protection Agency (EPA) is currently US$ 4.2 million.
The government has placed companies on its 'Superfund List', which
obliges businesses for financing for the clean up of contaminated sites.
An
illustrative case is that concerning the respective responsibility of the
industry for the management mine closure and rehabilitation of old tin, copper
and silver mining and smelting operations in Cornwall, UK. Generally, Companies
denied responsibility for any ensuing flooding and pollution since they had
officially abandoned the mine. Environmentalists in the UK are pressing for the
law to be changed so that companies that abandoned their mines are liable for
any resulting pollution.
In
developing countries, like Peru, similar pollution liability issues are also
being faced. This country is engaged in privatising the state mines. Legacy of
past pollution from toxic tailings was preventing the government from selling
those enterprises since the cost of clean-up rendered the investments uneconomic
and unattractive to foreign capital. Furthermore, it is more difficult to target
and litigate against previous mine owners in developing countries. The task of
determining liability and enforcing clean up is more critical since local miners
have limited resources and it is required a long-time search for foreign
investors responsible for the many old and abandoned mines.
Policy
and administration of contaminated land across the European Union
Many
of the states of the EU are now viewing contaminated land as a serious problem.
Belgium, France, Germany, Spain and the UK have the greatest contaminated land
problem compared to other EU Countries. These countries encompassed 94% of coal
and steel-based contamination in the EU. The remaining 10 members of the EU have
less extensive contaminated land problem. (Christie, S. and Teeuw, R., M., 2000,
p25) Contaminated sites and old waste disposal sites cause direct and indirect
effects on the environment and on human health. Avoidance of further
contamination is being given the highest priority in the Action Programmes of
the EU.
Contaminated
land is a large-scale problem in many areas of Europe, particularly where there
has been early and continuous industrialisation. In some EU countries
discoveries of severely contaminated land have led to the initiation of policy,
however, there is no single policy model for dealing with the contaminated lands
within the countries of the EU. The EU itself has not addressed this particular
issue yet since the problem is too extensive, the remediation is too expensive
and the extent of the problem still unknown. As in the case of the CMC mines,
generally, contaminated land has to be recognised because of the catastrophic
events and then more immediate, localised concerns have carried policy forward.
Dealing with contaminated land depends upon the different political,
administrative and institutional structures of each Member States. Environmental
Agencies are involved at all levels in an advisory capacity or for the
enforcement of remediation standards.
Contaminated
land is linked to waste disposals and treated according to waste directives.
Contaminated land policy has been concentrated on the aim at the prevention of
further contamination on the premise that prevention is better than cure.
Prevention is also much more cost effective and sustainable to avoid pollution.
In order to control present pollution, legislation has been passed at both
national and European level by using planning and fiscal measures. The actual
controls vary according to the legislative and administrative system and the
specific concerns of the Member States.
Above
national concerns, policies and legislation, there are the concerns of the EU.
The EU policy principles like the polluters pay principle, precautionary
principle, subsidiarity and sustainability play the key role in contaminated
land policy in Member States. In addition, the European Commission has granted
funds for demonstration techniques to locate and restore the contaminated sites
since 1988 and has funded research into risk assessment and restoration of
abandoned disposal sites and contaminated industrial sites. (Christie, S. and
Teeuw, R., M., 1998, p11) Although there is no European law, which specifically
addresses the problem of contaminated land, the European Commission is setting
up a network for cooperation on industrially contaminated land.
In
Central Eastern Europe Countries that are candidate for EU membership like
Hungary and Poland, there exists some kind of help programmes organized by the
European Communities to adopt and implement the Community’s legal acts. The
Commission proposes a package of new instruments to assist the cost of accession
of these countries. Among these the instruments for Structural Policies for
Pre-Accession (ISPA) instrument is the most significant one half of which has
been devoted to environmental infrastructural investment.
Most importantly, the Special Accession Programme for Agriculture and
Rural Development (SAPARD) instrument provide funds for agricultural rural
development.
Different
policy instruments are used in the Member States. Although a number of states do
not have specific legislation, application of these may deal with specifically
contaminated land with little effectiveness.
Application
of liability measures is also different across Europe. Even though all Member
States subscribe to polluters pay principle, the interpretation of this varies
considerably across Europe. Germany, the one that has many problems of
industrially contaminated land employs strict liability for industrial sites.
Although the initiators of environmental pollution are normally required to pay
for the control of pollution or for the restoration of damaged areas, there
exist some problems associated with the application of civil and public
liability like not to be able to find the initiator. The polluters pay principle
is superior to other systems of financing for redevelopment such as taxes on
waste licensing or supplying subsidies or grants. However, this principle cannot
be used in situations where no initiators can be identified, where the polluter
cannot pay for the clean up, or where public authorities are legally responsible
for the damage.
As
in some, the polluter is expected to pay for all the necessary remediation; in
others there are subsidies or grants available to reduce polluters liability.
Taxes
on waste are found in a number of European countries. The monies are used
specifically for the costs of dealing with contaminated land.
Most
countries have some sort of licensing where specific conditions attached to for
polluting activities in respect of remediation, which is applied particularly to
waste sites.
Precautionary
principle, 'it is better to prevent than cure' is part of European waste
legislation and is found in much contaminated land legislation of the Member
States. In spite of the policy and legislation, land is being still contaminated
across Europe, and much remains to be done to enforce this important principle.
(Christie, S. and Teeuw, R., M., 1998, p12)
The
principle of sustainability is applied in some countries directly, some
countries consider it as an extension of the precautionary principle and some do
not address this at all.
EU
Environmental Policy
The
Sixth Environment Action Programme of the European Union "Environment 2010:
Our future, our choice" is designed to integrate environment into economic
and social policies and to increase the responsibility of the stakeholders,
citizens and businesses which should take more ownership of efforts to protect
the environment. As the Community's interest was stimulated by growing concern
over the environmental degradation, policies have come to focus on avoidance of
the environmental damage and eventually on the conditions for sustainable
development, resulting in the preparation and enforcement of the environmental
action programmes after the year of 1974.
The
sustainable development principle is an important part of the Commission’s
current action programme for the environment, besides being subject to intense
interest in several of the Member States. This
principle plays an incentive role for the precautionary forms of environmental
regulation and encourages more and stronger regulatory actions and enforcement
mechanisms to be taken.
Environmental
legislation has tended to focus on the regulation of certain activities or
substances, which carry risks to human health and the environment. The focus of
the legislation is away from finding a proper solution if there happened an
injury to person, damages to their property or to the environment. With the
application of polluters pay principle and the principle of preventative action,
the Community is to ensure that those who cause injury to human health or cause
damage to the environment are held responsible for their actions. In the White
Paper on Environmental Liability of February 2000, the Commission presented a
regime where those who cause injury to persons or their property, contaminate
sites or cause damage to bio-diversity is liable and responsible for the
remedial action.
Besides
pursuing some of the targets from the Fifth Environmental Action Programme, the
new programme goes further, calling for the active involvement and
accountability of all sections of society in the search for innovative, workable
and sustainable solutions to the environmental problems.
Conclusion
Most
of the priority has been given to the achievement of economic growth,
irrespective of the resulting environmental or spatial consequences throughout
the world for many years.
In
EU countries, the recognition of the importance of the environment has led to
the evaluation of a range of policies aimed at succeeding sustainable
development.
The
mining activities of the CMC does not show any harmony with all EU principles
like precautionary and sustainability, besides not complying with legal
framework of most countries and the Constitution of the Northern Cyprus
Government. In addition, the approach of the CMC to this particular issue is to
refuse the polluters pay principle of the European Communities, which is one of
the representatives of the EU environmental policy.
The
current Environment Action Programme Environment 2010 calls for more collective
and cognitive approach to the environmental issues to be succeeded with
strengthening the roles and responsibilities of businesses and citizens and with
integrating the environment into the economic and social policies.
The
CMC should accept its environmental liability and take the required remedial
action in the area of Lefke, Gemikonagi through negotiating with the Northern
Cyprus Local Governmental and Non-Governmental Bodies.
References