Region: village Duliby, Zhydachiv region, Lviv oblast
Essence of the case: Protection of the right to residents to safe and healthy environment, protection of elements of environment (water, soil, air), protection of activists
Essence of the problems: launch of operation of pig farm, located at the distance of 230 м from the nearest house violates the minimal sanitary distance for such facilities, the approved detailed plan of the territory is missing, thus the land plot under the farm is not allocated to the owners of the pig farm, the negative possition of local residents concerning the farm operation is ignored, absence of necessary permitting documents and lack of cooperation and information exchange concerning the business plans of Lember-Agro LtD is problem as well.
Main facts:
In spring 2016 “Lemberg-Agro” LtD delivered pigs to the pig farm equipped within the former cattle farm in village Duliby, with no notice to the local community, with lack of permitting documents and no legal title over the land plot under the pig farm. Company planed to launch the pig farm with annual capacity of 12000 pigs. Opinion of local population was not taken into account, as well as the threat to health of people residing only 230 m from the farm was not evaluated. Functioning of similar pig farm of Lemberg-Agro in neighbour village Lishcun resulted in health problems of its residents, in bad odour and conflicts, and violations of the rights of local people.
“Lemberg-Agro” LtD owns the building of former cattle farm, but failed to recieve the land plot under the farm for lease due to the absence of approved detailed plan of the territory by Zhydachiv RDA. In 2014 “Lemberg-Agro” LtD attempted to develop detailed plan of the territory, but it recieved negative comments from residents of Duliby village in 2016 during public hearings in Duliby. RDA is delaying approval the detailed plan of the territory thus “Lemberg-Agro” LtD has no right to apply for the leasing of land plot.
Close location of houses from pig farm violates the normative sanitary distance for such facilities. Local residents are concerned about the technological process of pigs breeding, management and disposal of manure, water usage due to absence of reconstruction project for this farm.
“Lemberg-Agro” LtD recieved emission permit for the farm, but pigs are absent in the farm in Duliby.
Litigation
EPL v. “Lemberg-Agro” LtD
EPL sent informational request on 04.07.2016 to “Lemberg-Agro” LtD, asking information: 1/ which permitting documents were necessary and were issued to the pig farm in Duliby (please provide us with the copies); 2/ what are the projeted data for this farm; which methods of collection and disposal of manure were selected; 3/ what is the land area leased to or owned by “Lemberg-Agro” LtD for the manure application; 4/ what is the annual water usage of the pig farm; 5/ does the reconstruction project foresee the filtering of the air emitted from the fam buildings (if yes – who produced the filters); 6/ if public hearings were conducted in village Duliby concerning the operation of pig farm in the village ( if yes – when they took place). “Lemberg-Agro” LtD refused to provide EPL requested information.
In August, 2016 EPL filed a suit to Lviv district administrative court challeging violation of its right to information. On З November, 2016 court ruled in favor of EPL. The court decision is available here: http://reyestr.court.gov.ua/Review/62538251 “Lemberg-Agro” LtD filed an appeal and appelate court left it without satisfaction and left the decision of the court of first instance without changes. http://reyestr.court.gov.ua/Review/64593068
Decision of the court was implemented, EPL received an answer from “Lemberg-Agro” LtD with copies of the documents requested.
