Region: Ukraine, Kiev region, Fastiv
Essence of the case: Protection of the right to safe and healthy environment, right to participation of the public in environmental decision-making
Parties: Plaintiff – ICO “Environment-People-Law”, Respondent – Ministry of Environmental Protection of Ukraine, third party to the dispute – LLC “Knauf Insulation Ukraine“.
Essence of problem: Foreign company “Knauf Insulation Ukraine” planned to build a plant for the production of mineral wool insulation in the industrial area “Zavokzallya”, Fastiv town. Mineral wool insulation production is classified as possessing the 3rd level of hazard with sanitary protection zone of 300 m. Permitting of such project construction was issued based on false information concerning dangerous environmental factors in the place of construction. It also violated the rights of residents of Fastiv to participation in environmental decisions-making.
Main facts:
08.09.2008 the deputy of the Minister of environmental Protection of Ukraine approved the conclusion of the state ecological expertise № 684 of the project «Construction of the mineral wool plant in industrial area Zavokzallya in Fastiv, Poligrafichna str.14». At the same time EPL found out that two asphalt concrete factories in the area of projected plant. At the same time the EIA conclusion was possitive and the cummulative impact on the air of existing and planned factories was not studied.
In addition, the EIA failed to study the impact of mineral wool production itself. As the para 3 of the Conclusions of State sanitary expertise № 19/3998 noted: it is necessary to control the radioactivity of mineral raw materials needed in huge quantities during glass wool production process. But the research on radioactivity of production process was not performed, possible radioactivity changes of environment were not studied, thus the conclusions of expertisa failed to mention any radioactive impact of production process.
In addition, EPL collected evidence confirming serious violations of legislation during public hearings concerning construction project of Knauf Insulation Ukraine.
On 14.12.2009 EPL filed a lawsuit against the Ministry of Environmental Protection of Ukraine. In the lawsuit EPL requested to declare illegal and anull the conclusion of the state ecological expertise № 684 which approved the project “Construction of a factory for the production of mineral wool insulation in the industrial zone” Zavokzallya”, Fastiv town, to halt violations of legislation.
On January 12, 2011, Lviv Regional Administrative Court ruled in favor of EPL, anulled the conclusion of the state ecological expertise № 684 from 08.09.2008. The defendant and the third party filed appeals against the decision of the first instance court.
On February 17, 2014 Lviv Appelate Administrative Court rejected the appeals of Knauf Insulation Ukraine and the Ministry of Environmental Protection of Ukraine and left the decision of the court of first instance in force.
Fastiv town council informed that preparatory or construction works were not performed at the site in 2013. Knauf recieved the construction permit valid until 2016.
