Africa-Press – Namibia. NAMIBIA Dairies has shifted blame to the City of Windhoek, Engen Namibia and Rentech Trading over an oil spill that contaminated Windhoek’s water three years ago.
This comes as the City of Windhoek is suing Namibia Dairies for N$24 million, due to the loss of production of water for the city, and damages as a result of the oil spill in February 2019.
A summons dated 18 January 2022 states that around 24 000 litres of heavy fuel oil spilled from the Namibia Dairies’ Avis factory in Windhoek, and drained into the storm water drains and into the municipal sewer line.
Namibia Dairies, through lawyer Mark Kutzner of Engling, Stritter and Partners, issued a plea on 24 June 2022 denying sole responsibility for the oil spill.
The company denies being liable to the municipality, but says if the High Court finds them liable, the court should hold Engen Namibia and Rentech Trading equally liable.
“The first party (Engen Namibia) and second party (Rentech Trading) were further wrongful and negligent by failing to take adequate steps to prevent a heavy fuel oil spill from occurring, including regular inspections and testing of all plants, including inspections and testing of the safety valve,” Kutzner said.
He denied the municipality’s claim that 24 000 litres of heavy oil was spilled and said the damage resulting from the oil spill is due to negligence on the part of Namibia Dairies, the City of Windhoek, Engen Namibia and Rentech Namibia, as they all had the opportunity to avoid the consequences but failed to do so.
Namibia Dairies, an Ohlthaver & List (O&L) subsidiary, is particularly gunning for Engen Namibia, saying the quality of the heavy fuel oil supplied by Engen Namibia for use at its Avis factory was poor and substandard.
Namibia Dairies also accuses Engen Namibia of failing to clean up the steel reservoir in which the fuel is stored.
“A clean-up and desludging of the steel reservoir was required and, in fact, long overdue since at least October 2016,” Kutzner said in the plea.
Kutzner said the unlawful breach of contract and wrongful negligence by Engen Namibia to clean the steel reservoir resulted in the build up of debris in the system, causing the failure of the pressure regulating valve. This in turn caused an increase in the pressure in the ring main, thereafter the safety pressure relief valve on the heavy fuel oil line heater in the boiler room was activated to blow off pressure.
He said the municipality carries as much blame for the damage caused by the oil spill because it was not equipped and/or prepared to deal with a heavy fuel oil spill.
Kutzner said the municipality failed to correctly operate and/or maintain and keep the evaporation pond and the storm water emergency channel ready and available to accommodate the contaminated sewage.
“Had the plaintiff (municipality) taken the necessary, adequate and reasonable steps timeously, alternatively, had the plaintiff not taken belated inadequate and unreasonable steps, it would not have been necessary for the plaintiff to shut the Gammams Water Care Works (WCW) down completely for a period of 19 days,” Kutzner said.
Kutzner said the 19 days of closure of the Gammams WCW was excessive.
Namibia Dairies is now requesting a reduction in the N$24 million demanded by the municipality.
“The total amount of alleged clean-up and remediating costs are, in any event, excessive and as a result of the plaintiff having failed to involve, from the start, necessary and professionally trained experts equipped to deal with heavy fuel oil spills, and of the plaintiff having failed to take the necessary, adequate and reasonable steps timeously from the start,” Kutzner said.
Namibia Dairies also wants to share the costs of the suit demanded by the municipality with Engen Namibia and Rentech Trading.
Both Engen Namibia and Rentech Trading have issued notices to defend the allegations made by Namibia Dairies.
Engen has appointed Ellis And Partners Legal Practitioners as its legal representatives, while Rentech appointed Francois Erasmus and Partners.
The case will be heard on 5 August.
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