REGION: village Hryada, Lviv district, Lviv region.
Merits of the case: Protection of environmental rights of residents of Gryada village from pollution caused by the pig farm of LLC «APP Hryada».
Core of the problem: The LLC “APP Gryada” pig farm has been poisoning the air and surrounding land for many years, resulting in suffering of the local residents. Рeople do not have the opportunity to use their house, the surrounding area. When the wind blows from the side of the pig farm, it is not possible to breathe. The pig farm does not have all the necessary permits for its activities. There is no current conclusion of the sanitary-epidemiological examination of this facility, only the conclusion of the sanitary-epidemiological examination regarding the project of reducing the sanitary-protective zone of LLC “APP Gryada” pig farm is available. There are no documents regarding the assessment of the impact of this pig farm on the environment. The construction of the lagoon for the storage of manure in 2019 was not accompanied by any permit documentation. Despite this, state authorities do not take appropriate measures, residents’ complaints remain without proper response.
MAIN FACTS:
* On March 20, 2015, a criminal case under Art. 356 of the Criminal Code of Ukraine regarding the illegal actions of the officials of the LLC “APP Gryada” was initiated.
* The results of the measurements of the state ecological inspection (SEI) in the water of the Mlynivka River revealed an excess of: ammonium nitrogen – 60.8 times, nitrites – 16.2 times, BSK5 – 44 times, HSK – 6.4 times, total iron – 8 times, dissolved oxygen – 2.5 times. An excess was recorded in the Yarychivsky canal: ammonium nitrogen – 14.4 times, nitrites – 5.6 times, BSK5 – 14 times, HSK – 2.5 times, total iron – 4.4 times, dissolved oxygen – 2.2 times.
* On October 16, 2019, State Ecological Inspection (SEI) specialists surveyed the territory near the LLC “APP Gryada” in the Gryada village. They found a pipe from fence of the farm leaking waste water from the territory of the farm to the Hryada-Sytykhiv road.
* In the summer and autumn of 2019, the LLC “APP Gryada” pig farm spilled manure on an area of up to 15 ha.
* In December 2019, soil measurements were carried out at the site of the manure spill, which showed the presence of toxocarа and roundworm eggs in the soil.
* In September 2019, air measurements at the border of the sanitary and protective zone on the side of Gryada village showed an excess in the content of ammonia, nitrogen dioxide, and hydrogen sulfide.
* In 2016, LLC “APP Gryada” received the conclusion of the state sanitary-epidemiological examination regarding the justification for establishing (reducing) the sanitary and protective zone for the pig farm of LLC “APP Gryada” (as of May 18, 2016). According to this document of the state sanitary-epidemiological examination, it loses its force in the event of a change in production capacity, deviations in the actual indicators of atmospheric air pollution and noise during the operation of the pig farm. The enterprise has increased the number of pigs compared to what is provided for in the conclusion (5 pig barns and expansion to 7). Іnstead of the two vertical closed manure storages provided for today, only 1 lagoon, which was recently built, is being operated. Therefore, due to such changes in the production activity and capacity of the pig farm, this conclusion cannot be considered valid and relevant.
* By order of the head of the Zhovkiv District State Administration No. 249 dated August 12, 2020, a commission was established to consider appeals to the hotline of local residents on the issue of the ecological condition of the village of Hryada. These appeals are due to the consequences of the activity of LLC “APP Gryada”.
* Since the construction and commissioning of this pig farm, LLC “APP Gryada” has not ensured the implementation of any of the procedures for assessing the impact on the environment from the activities of the pig farm at that time or today, therefore the last cannot guarantee compliance with the ecological safety of the activities of the pig farm LLC “APP Gryada”.
* On a pig farm, up to 12,000 pigs are kept at the same time, and the annual turnover of the farm is more than 30,000 of pigs, but the State Consumer Service believes that the normative sanitary and protective zone for such facility should be 500m and it can be adhered to (the nearest houses are at a distance of 560m).
*The State Consumer Service issued a new conclusion of the state sanitary-epidemiological examination No. 12.2-18-4/4367 dated 31.05.2022, which reduced the size of the sanitary and protective zone for the LLC “APP Gryada” pig farm to 250m.
Court proceedings:
Based on: the absence of a valid conclusion of the sanitary-epidemiological examination of this facility and the project of establishing a sanitary protection zone in the pig farm of the LLC “APP Gryada”, the absence of a project for the organization of a sanitary protection zone in the pig farm, the absence of a conclusion of environmental impact assessments on the increase of the number of pig barns and the construction of a manure storage facility, systematic pollution of land and water, and violation of the requirements of environmental protection legislation, exceeding the number of livestock, the number of pigs, a resident of Gryada village, with the help of the ICO “Environment-People-Law” (EPL) appealed to the Zhovkiv district court of the Lviv region with a lawsuit about the termination of the production activity of the pig farm LLC “APP Gryada” in Gryada village. By the decision of the Zhovkiv District Court of the Lviv Region dated October 13, 2021, proceedings in the case were opened and the case was assigned for consideration under the rules of simplified proceedings. The decision of the court of first instance has not yet been issued.
