Region: Halickyi and Kalush district of Ivano-Frankivsk region.
Essence of the case: Protection of citizens’ rights to safe and healthy environment, protection of environmental components (water, soil, air).
Essence of the problem: Residents of Deliyeve, Lany and Luka villages are suffering from constant odor, which is the result of operation of piggeries by “Danosha”. Fields around the villages are used for manure landspreading that pollute soil by waste, cause emissions to the air and bad odor. In the summer, because of the operation of piggeries, people suffer from excessive amount of mosquitoes and flies. The water level in the villagers’ wells has dramatically decreased after piggeries started operation. Due to the excessive burden on rural roads, houses of local residents began to crack. The extent of the sanitary protective zones is too small for piggeries with such capacities (annual turnover of pig heads).
Main facts:
Pig farm in Deliyeve village:
The pig farm in Deliyeve village is fattening farm that in its work uses the space principle -“all occupied / all empty”. It is projected for a full technological cycle of fattening the livestock. Structure of the farm consists of 4 pig manure storages “Lagoon” that can contain up to 12000 m3. However, according to the letter of the Department of Environment and Natural Resources of Ivano-Frankivsk Regional State Administration of 20/09/2013, there are only 2 lagoons. In accordance with the project documentation, the farm is designed for keeping and fattening 23700 piglets of 7 – 30 kg. and keeping 4000 sows that together make up 27 700 animals. Afterwards, pigs are transported to another farm for rearing up to 100 kg. The nearest residential settlement is located 500 m from the piggery, but according to the State sanitary rules of planning and building of settlements,” the sanitary protective zone for pig farms with capacity of 24000 animals during the year and up to 54000 animals should be 1500 m. Office of the veterinary medicine in the Halych district provided us with a statistic information, which indicates that in 2014 the farm in Deliyeve village realesed 12530 pigs, and in 2015 – 22,763 pigs. The pig farm in Deliyeve operates in accordance with the permits for special water use and permit for the emissions of pollutants into the atmosphere from stationary sources.
Permission for a special water use allows the intake of fresh water from groundwater not exceeding 505.740 m3 / day; 151.387 ths. m3 / year. According to the report on the inventory of emissions of pollutants into the atmosphere from stationary sources, gross annual emissions of pollutants are: nitrogen dioxide – 2.0599 t, ammonia – 17.8516 t, hydrogen sulphide – 2.3202 t, carbon monoxide – 2.0082 t, methane – 126.1017 t, methyl mercaptan – 0.0452 t, psrticulate matters, not differentiated in composition – 0.6481 t, so general amount is 151.0349 t and greenhouse gases: carbon dioxide – 289.7075 t, nitrogen oxide – 0.0413 t, in general – 289.7488 t. Annual total emissions from the company are 440.7837 t.
Pig farm in Lany village:
This fattening pig farm is designed with the capacity of 11 900 animals a year. Number of technology rotations per year is 2.5. Animals of 30 kg are grown up to 100 kg during the period of 14-15 weeks and then taken away. This proves that the farm throughout the year grows and sells out up to 29750 animals.
According to the conclusion of the state ecological expertisa of 2005 year, the structure of the farm consists of 2 manure storages “Lagoon” that can contain up to 12000 m3 of manure. The Department of Statistic has reported that in 2014 the farm in the Lany village sold out 34184 pigs. The pig farm in Lany village operates under the permit for special water use, which allows intake of fresh water not exceeding 280, 85 m3 / day; 80, 46 ths. m3 / year. Materials of the case contain the permit for emissions of pollutants into the atmosphere from stationary sources of 12.06.2012, which is valid during 5 years. The pig farm was allowed to generate the wastes in 2014 of the following type and volume: loss of pigs – 300.0 t and manure – 249.680 t., in 2013: loss of pigs – 300.0 t, manure – 2479.680 t, municipal solid waste – 50.0 t.
Due to the report on the inventory of emissions of pollutants into the atmosphere from stationary sources, gross annual emissions of pollutants are: nitrogen oxide – 1.5448 t / year, ammonia – 9.3312 t / year, hydrogen sulphide – 1.1988 t / year, carbon monoxide – 1.5062 t / year, methane – 84.2908 t/ year, methyl mercaptan – 0 , 0216 t / year, substances in the form of suspended solids – 0.4860 t / year and greenhouse gases: carbon dioxide – 217.2806 t / year, nitrous oxide – 0.0309 t / year. Total emissions from the company are 315.6909 t / year.
According to information provided by the Department of Statistics of Ivano-Frankivsk region, emissions of pollutants and greenhouse gases into the atmosphere from stationary sources of LtD “Danosha” in Galych district in 2013 year was 328.269 t., in 2014 – 535, 926 t, and in 2015 – 547.736 t. Concerning waste, in 2013 651.6 t. of waste were produced, and in 2014 – 59,160.3 t.
Pig farm in Luka village:
This pig farm is designed for 24000 pigs and is located in Luka village of Kalush district. Data collection for this facility continues.
National level
Participants are collecting information, data, official documents and permits concerning operation of pig farms in three villages.
Litigation
EPL v. Department of Ecology and Natural Resources of Ivano-Frankivska Oblast State Administration
EPL applied to court with the suit against the Department of Ecology and Natural Resources of Ivano-Frankivska Oblast State Administration challenging the emission permit issued to “Danosha” LtD for the farm in village Lyka, Kalysh region. EPL claims that the defendant violated legislation concerning the issue of such permits, failed to check data provided by the applicant for the permit and specialized organization, which resulted in underestimation of methane emissions, absence of all the pollutants from pig farms in the permit and other violations.
Ivano-Frankivsk District Administrative Court opened the proceedings and scheduled the case for hearing on 19 April 2017.
The suit is available here (in Ukrainian)
On May 11, 2017 Ivano-Frankivsk Regional Administrative Court declared illegal lack of actions of Department of Ecology and Natural Resources of Ivano-Frankivsk OSA concerning concideration of EPL complaint №1036 dated 06.12.2016. The court rejected other claims of the plaintiff. The court decision is available here (in ukrainian): http://reyestr.court.gov.ua/Review/66531245
Department of Ecology and Natural Resources of Ivano-Frankivsk OSA, LtD «Danosha» and EPL filed appeals. On October 12, 2017 Lviv Appelate Administrative Court dismissed all appeals. The court decision is available here (in ukrainian): http://reyestr.court.gov.ua/Review/69517223
EPL prepared the complaints to the State Fiscal Service of Ivano-Frankivsk oblast concerning underpayment of ecological tax due to underestimation of emissions levels by “Danosha” by farms in Luka and Lany. Copies of the complaints are available here and here (in Ukrainian).
EPL prepared the letter to the Ministry of Environment concerning the actions of “Monolit-Eco” LtD which prepared all the documents for Danosha justifying the emission levels of their farms which became the basis of emission permits received by Danosha. Copy of the letter is available here (in Ukrainian).
International level
In 2014 local residents from villages Deliyeve, Sivka –Vojnylivska and Lany sent the complaint to the Office of Ombudsman of the World Bank concerning the decision of the IFC to grant loan for the project №31990 Axzon A/S/ in Ukraine. Complainants asked the Ombudsman to reconsider the decision to grant loan to Danish company by the IFC taken with violations of its policies of environmental safety, environmental review, access to information. As the result of the operation of Danish company “Danosha” in Ukraine the provisions of the legislation on environmental protection are being violated, the rights of local communities and land legislation is being violated, pollution of air, water and soil is taking place.
Ombudsman Office initiated the mediation procedure between Danosha and claimants, which started in 2014. In 2016 claimants decided to stop mediation due to the lack of efficiency and results. The Report of the Ombudsman office on mediation process is available here:
In 2017 claimants sent the additional information to the original compliant to the Ombudsman Office, containing new facts of violations of IFC standards of environmental and social sustainability by Danosha during the implementation of IFC credited project in Galytsky and Kalysh region.
Pig farms “Danosha” (farmer Hordijchuk) in Tlumach region
We are aware that farmer Hordijchuk plans construction of 3 pigs farms in Tlumach region, Danosha is the contractor of such construction. For this purpose farmer Hordijchuk leased 3 land plots outside of villages Gavrylaky, Gryshka and Hotymyr Tlumach region. Also Tlumach regional state administration (RSA) developed detailed plans of the territory for the construction of pig farms at the outskirts of villages Gavrylaky, Gryshka and Hotymyr and approved them by its decision from 23 February, 2016.
After the launch of pig farm construction works in village Gryshka in summer 2016 local residents started protesting, and works were suspended. Residents started collection of information, official data and decisions concerning construction of three farms and leased land plots.
Litigation
Solovey А. v. Tlumacka RSA
EPL prepared the suit and represented the plaintiff (local resident) in the case against Tlumacka Regional State Administartion challenging its decision on approval of the detailed plans of the territory for the construction of pig farms at the outskirts of villages Gavrylaky, Gryshka and Hotymyr dated 23 February, 2016. The plaintiff was deprived of his right to participate and send comments to the detailed plan of the territory at the outskirts of Grushka village (neighbouring village), although the distance from the planned farm to his house is around 1 km.
The development of the detailed plans of the territories should be transparent, based on the opinion of local communities in accordance with national legislation. In this case the development of detailed plans was taking place secretly, with no intention to timely inform local communities and thus to allow them to express their opinion concerning plans of the farmer Hordijchuk (Danish company Danosha is standing behind the scenes). Namely, the conduct of public hearings was substituted by the decisions of the executive committees of the village councils and public hearings were not held. Local residents had no chances to learn about the planning of pig farms construction, judging from the content of the notification in mass media posted by Tlumacka RSA. The plaintiff – resident of Tarasivka village learnt about the planned vicinity with pig farm only after the launch of construction works. In addition, detailed plans of the territory contain flaws, are not based on necessary source data, are ignoring basic construction requirements for such facilities.
It’s interesting to note that Danosha lawyer was representing Tlumacka RSA in court hearing which proved the guesses of local people that Danish company “Danosha” operating 7 pig farms in Galych and Kalush region stands behind farmer Hordijchuk and his plans.
The suit is available here (in Ukrainian)
On March 22, 2017, Ivano-Frankivsk District Administrative Court took a decision to reject the suit. The court decision is available here: http://www.reyestr.court.gov.ua/Review/65576464
The plaintiff addressed the appeal to the appeal court, as he does not agree with the decision of the court of first instance.
On 14 November 2017 Lviv Appelate Administrative Court rejected the appeal and left the decision of Ivano-Frankivsk District Administrative Court from 22.03.2017 without changes. The court decision is available here (in ukrainian): http://reyestr.court.gov.ua/Review/70379551
The plaintiff filed second appeal to Higher Administrative Court. On January, 16, 2018 the Supreme Court opened the case. http://reyestr.court.gov.ua/Review/71630260 The case is awaiting for consideration.
Solovey A. v. Stategeocadaster
On May 12, 2017 Solovey filed a suit to Ivano-Frankivsk District Administrative Court asking the court to declare illegal the Order of Cheif Department of Stategeocadaster in Ivano-Frankivsk oblast dated 07.08.2015, to declare illegal land lease agreement signed on 11 August, 2015 between Cheif Department of Stategeocadaster in Ivano-Frankivsk oblast and Gordiychuk I., to void state registration of land lease agreement in State registry of ownership of real estate. The defendant violated land legislation during issue of abovementioned Order from 7.08.2015 that could be the ground for declaring such Order as illegal, and as the consequence, the land lease agreement should be declared illegal as well. On May 16, 2017, the court issued a motion rejecting the consideration of two claims of law-suit, namely: consideration of legality of land lease agreement dated 11.08.2015 and anullment of state registration of land lease agreement. http://reyestr.court.gov.ua/Review/66498802
On June 23, 2017, the court issued in favor of the plaintiff and declared illegal the Order of Cheif Department of Stategeocadaster in Ivano-Frankivsk oblast dated 07.08.2015 “On approval of the documentation on land use and leasing of the land plot”. The court decision is available here (in ukrainian): http://reyestr.court.gov.ua/Review/67480505
The defendant (Cheif Department of Stategeocadaster in Ivano-Frankivsk oblast) and farmer Gordiychuk I. appealed this decision. On 6 November 2017 Lviv Appelate Administrative Court rejected both appeals and left the decision of Ivano-Frankivsk District Administrative Court from 23 June 2017 without changes. http://reyestr.court.gov.ua/Review/70114396
The Supreme Court of Ukraine opened the second appeal proceedings initiated by the complaint of the Cheif Department of Stategeocadaster in Ivano-Frankivsk oblast and farmer Gordiychuk I. On May 15, 2018 the Supreme Court of Ukraine satisfied two second appeals of farmer and Chief Department, and annuled the decision of the court of first instance dated 23 June, 2017 and appeal court decision dated 6 November, 2017 and issued new decision to close proceedings of administrative case. The Supreme Court decision is available here (in ukrainian): http://reyestr.court.gov.ua/Review/74188516.
In April 2018 Solovey A. filed a suit to Tlumach rayon court of Ivano-Frankivsk oblast against Department of Stategeocadaster in Ivano-Frankivsk oblast challenging the land lease agreement dated 11 August 2015, concluded between the defendant and farmer Gordiychuk. Later the plaintiff added new claims, asking the court to declare illegal
the Order of Cheif Department of Stategeocadaster in Ivano-Frankivsk oblast dated 07.08.2015 “On approval of the documentation on land use and leasing of the land plot”, which resulted in conclusion of land lease agreement. The case is under consideration by the court of first instance.
