Essence of case: negligence on behalf of Lviv city council regarding the need to close Hrybovychi landfill and begin its safe reclamation.
Essence of problem: Lviv city council plans to continue storing waste on Hrybovychi landfill, because Landfill reclamation program of 2013 provides for such an opportunity. In addition, draft reclamation program should be revised taking into consideration the advanced international experience. The need of solving the problem concerning transportation, recycling and disposal of waste that are produced in Lviv is also urgent, and the plans of Lviv city council on solving this issue are not justified, transparent, environmentally safe and contain corruption component.
Parties: Lviv City Council, Lviv Regional State Administration, LME “Zbyranka” , OJSC “Hirkhimprom”, villagers of Malekhiv, Hrybovychi, Dublyany; Lviv residents, the Ministry of Regional Development, European Investment Bank, the EPL.
Main facts:
The public is concerned about the environmental situation resulting from omissions and procrastination of local authorities in solving the problem of Hrybovychi landfill, especially after the tragedy that happened on the 30th of May in 2016 that lead to death of people.
The landfill has been functioning since 1959. It was constructed without any project documentation and does not serve as a place of environmentally safe disposal of solid waste.
The permissible amount of waste that can be disposed on Lviv landfill was 10.4 mln. tons. On 01. 06. 2016, the volume of waste that can be disposed on Lviv landfill increased to 12 mln. tons.
According to the decision of Lviv regional council №360 passed on the 2nd of November in 2000 “About Lviv landfill”, Lviv city council was obliged to solve the problem of choosing a new land for disposal of solid waste, and by 2006 to stop functioning of the existing landfill and clean-up the adjacent storage area with acid tars.
In 2011 by decree №743, Lviv City Council 1 declared the environmental situation at the Lviv city landfill and nearby areas environmentally inadmissible and requiring urgent solutions.
Commissioned by the Department of Housing and infrastructure of Lviv City Council, in 2013 “Institute” HIRKHIMPROM” LLC. developed a Complex reclamation project of landfill 2. According to the project, disposal of solid waste on Lviv landfill was extended until 2021.
This project provides expansion of the area of solid waste disposal by placing maps №1, №2, №3 in place of infiltrate storages by removal crude acid and infiltration-polluted water from them (p.30 of Complex reclamation project). Importantly, functioning of Lviv landfill was discontinued by the Resolution 119/01 of Chief Medical Officer of Lviv region Roman Pavliv of 25.11.2003.
In reply to EPL’s requests to Lviv City Council, LME “Zbyranka”, OJSC “Hirkhimprom”, SE “Ukrinvestexpertise”, concerning access to the reclamation project, no answer was received.
Complex project violates the state construction norm V.2.4-2-2005. On 18.10.2016, EPL sent a complaint to the State Architectural and Construction Inspection in Lviv region 3.
In February 2016 Lviv city council submitted to the Ministry of Regional Development an application form for participation in the project “Development of municipal infrastructure in Ukraine” with total cost of 75 mln. euro, which is a joint project with European Investment Bank (EIB).
The main measures proposed in the application form are as follows: Lviv landfill reclamation, construction of waste recycling complex and a new landfill. The content of the application is available in Annex4 4. The position of EIB about the project selection procedure for lending is also available here 5:
From 2004 till 2013, 9.64 million UAH was allocated for the functioning of the Lviv landfill.
21.22 million UAH was spent on social and domestic problems of settlements adjacent to the landfill from 2005 till 2013. The list of measures can be found in the Annex (pp. 18-20 Application form).
In addition, each year Lviv city council provides 360 thousand UAH for wellness vouchers for children of Malekhiv and Hrybovychi villages.
Within the framework of the Kyoto Protocol in 2011 at Lviv landfill there were built 150 gathering wells, installed degassing and generator sets that prevent ignition of methane in landfill. Today gathering wells are destroyed, installations demolished despite the fact that on their construction there were spent millions of dollars of international grant.
With the onset of summer, the probability of fire is high because of methane presence on landfill. Plastic, pellicle, foam, that are disposed on landfill are made from polyvinyl chloride, which under conditions of low-temperature combusting will generate toxic substances. Moreover, the infiltrate on the landfill is not purified, and biogas is not piped out.
In contrast to Lviv poor management, Vinnytsia used public-private partnership tools and arranged on the landfill 12 gas gathering wells, CHP unit, and 710 kilowatt / hour of electricity capacity is generated. Responses of Vinnytsia Regional State Administration, which EPL received before the launch of the CHP can be found in Annex.6 6.
Lviv city council spent millions UAH on development of reclamation projects, construction of local sewage treatment plants, purification of infiltrate, their transportation to treatment facilities of Lviv. Station of physico-chemical treatment of infiltrate, which was built on the landfill according to the decision of Lviv city council 7 and was transferred to the balance of LME “Zbyranka”. The existing station has a capacity of 15 m3 / day while the required capacity is 120 m3 / day.
According to the decision of Lviv city council №951 of 15.09.2016, the contract on cooperation between Lviv city council and Malekhiv village council envisages closure of Lviv landfill and its complete reclamation, drainage of infiltrates with appropriate treatment of collected infiltrate 8. With this agreement, Lviv city council promised ten million UAH to Malekhiv village council for the construction of roads, schools, dispensaries and other infrastructure development. On 29th of September 2016, Malekhiv village council refused to sign the agreement because it provided got further disposal of solid waste on Lviv landfill. 9
Over the past 15 years of the landfill functioning, local authorities have taken numerous decisions on termination of waste disposal on the landfill, on the disastrous consequences caused by the landfill for the environment and human health.
In EPL’s opinion, first of all, Lviv city council should eliminate the source of threat to the environment and health of Malekhiv residents and surrounding villages.
Decisions of Malekhiv village council can be found here: 10
Decisions of Hrybovychi village council can be found here: 11
Decisions of Dubliany city council can be found here: 12
Decisions of Zhovkva district council can be found here: 13
Decisions od Lviv region council can be found here: 14
On 23.06.2016, in reply to EPL’s request the state enterprise “Lviv regional laboratory center of State Sanitary and Epidemiological Service of Ukraine” provided information about sanitary and epidemiological situation in the landfill area. According to this reply, 19 out of 40 water samples from wells showed exceeding concentrations of lead, cadmium, nickel and copper 15, which are extremely dangerous for health of residents.
In 2011, the Ministry of Environment and Natural Resources of Ukraine issued a conclusion of state ecological expertise on the environmental situation around the Lviv landfill, by which the Ministry declared further functioning of the landfill inadmissible.16
Even before the tragedy at the Lviv landfill, on 25th of April, at a roundtable, which was held by the Internet portal “Your City”, representatives of the Lviv city council reported about the prospects of construction of a new landfill at the site of the lakes with acid tars. Acid tars were related to the bankruptcy estate of OJSC “L’vivs’kyi DoslidnyiNaftomaslozavod”. On 11.05.2016, EPL sent a letter to the Lviv mayor with proposals, which are available in Annex.17.
On 30 May, the tragedy on the Lviv landfill took lives if four people as a result of garbage landslide.
On 1 June 2016, EPL held a press conference18 19. Following the press-conference, EPL has prepared an appeal to the President’s Administration, Verkhovna Rada, the Cabinet of Ministers, the Ministry of Regional Development, Lviv Regional State Administration, Lviv City Council 20.
Lviv City Council did not find a land lot for the construction of a new landfill and waste-recycling complex although it claims that it has been looking for it since 2006 21.
In the summer of 2016, Lviv City Council commissioned the state enterprise “Institute Hirhimprom” to produce a working draft of “Technological map of solid waste storing as a priority measure for Lviv landfill stabilization.” The working draft was examined by the state enterprise “Western expert-technical center” (Lviv) in 2016. No copies of expert’s report and working draft were provided to EPL in reply to EPL’s information requests to LLC “Institute Hirhimprom” and SE “Western ETC”.
On 30.09.2016, EPL sent an appeal to the Lviv City Council concerning closure of the landfill 22.
On 21 November 2016, EPL took part in the meeting devoted to the problems of Hrybovychi landfill attended by Deputy Minister of Ministry of Regional Development Kruhliak E.B., representatives of the Lviv City Council, LLC “Institute Hirhimprom”, heads of Hrybovchi and Malehiv village councils and activists of Malehiv village.
The first time, since the tragedy on Hrybovchi landfill, representatives of the Lviv City Council (Pushkarev, Holets, Fedyshyn) stated that Lviv City Council would stop disposing wastes in Hrybovchi landfill and reclamation of the landfill would be started.
At the meeting representatives of Lviv city council also stated that 70 mln. of USD are needed for purification of infiltrates on the Lviv landfill. When EPL asked a Polish enterprise about the cost of local treatment facilities for treating landfill infiltrate with capacity of 120 m3 / day, the reply of Polish company was that they need 7 mln. UAH to install treatment facilities by reverse osmose methods. As a result of the meeting on 21th of November, EPL prepared and submitted proposals to the Cabinet of Ministers, the Ministry of Regional Development, Lviv Regional State Administration and Lviv City Council23.
For five months regional and local authorities had been conducting numerous meetings, including those with local residents, but unfortunately the government does not have a vision of a comprehensive solution.
EPL has prepared proposals to the Lviv Regional State Administration and Lviv City Council on the complex solution of problems with solid waste management in Ukraine. The proposals first of all envisage involvement of European experts, holding international tenders and ensuring control by the European experts over the process. These proposals can be found in Annex 24.
National litigation
EPL against Lviv City Council concerning closure of the landfill
On 28.10.2016, EPL filed a suit against Lviv City Council and Lviv municipal enterprise “Zbyranka” to Halytskyi district court of Lviv, with the requirement to oblige Lviv City Council to make a decision on Hrybovchi landfill closure and declare illegal actions of Lviv City Council. The text of the lawsuit is available here: 25
A similar lawsuit was brought by 3 residents of Malekhiv area in October 2016. We hope that these two cases can be united into one court case.
EPL against DC “Ukrderzhbudekspertyza” on access to information
EPL appealed in court the refusal of the state enterprise “Ukrderzhbudekspertiza” to provide a copy of the experts report prepared based on the results of examination of the landfill reclamation project.
1 Decision of Lviv city council №743
2 Complex reclamation project of landfill in Hrybovychi village, Zhovkva district, Lviv region
3 EPL’s complaint to the State Architectural and Construction Inspection
4 Application form of Lviv city council to the Ministry of Regional Development
5 Letter from the EIB of 13.09.2016.
6 Response of Vinnytsia Regional State Administration
7 http://www8.city-adm.lviv.ua/inteam/uhvaly.nsf/(SearchForWeb)/FBB43F14DBFF3A0DC22579210050724E?OpenDocument
8 http://www8.city-adm.lviv.ua/inTEAM/Uhvaly.nsf/(SearchForWeb)/0EE460A80951E106C22580360042FBBB?OpenDocument
9 http://galinfo.com.ua/video/malehivska_silrada_ne_pogodylas_na_propozytsiyu_lvova_240627.html
10 Decision of Malekhiv village council
11 Decision of Hrybovychi village council
12 Decision of Dubliany city council
13 Decision of Zhovkva district council
14 Decision of Lviv Regional Council
16 Conclusion of the state ecological expertise by the Ministry of Environment of 2011
17 EPL proposals to Lviv city mayor of 11/05/2016
18 http://www.epl.org.ua/events/2597-anons-zvolikannia-chynovnykiv-vyrishyty-problemu-smittia-u-lvovi-obernulasia-lykhom-dlia-liudei-ta-dovkillia
19 http://www.epl.org.ua/events/2605-hromadskist-zaklykaie-pryslukhatysia-do-ievropeiskykh-investoriv-zapozychyty-ikhni-tekhnolohii-ta-pryshvydshyty-implementatsiiu-zakonodavstva-v-sferi-povodzhennia-iz-pobutovymy-vidkhodamy
20 EPL’s request of 01.06.2016
21 Response of Lviv city council of 08.26.2016
22 EPL’s Statements for Lviv city council about closure of the landfill 30/09/2016
23 EPL’s proposals of 25/10/2016
24 EPL’s proposals to Lviv Regional State Administration and Lviv City Council of 11.01.2016
25 EPL’s lawsuit against LCC, LME “Zbyranka”
 10 Рішення Малехівської сільради.pdf | [ ] | 3640 Кб |
| 11 Рішення Грибовицької сільради.pdf | [ ] | 1716 Кб |
| 12 Рішення Дублянської міськради.pdf | [ ] | 1228 Кб |
| 13 Рішення Жовківської райради.pdf | [ ] | 7216 Кб |
| 14 Рішення Львівської облради.pdf | [ ] | 8661 Кб |
| 15 Відповідь СЕС.pdf | [ ] | 591 Кб |
| 16 Висновок ДЕЕ.pdf | [ ] | 1703 Кб |
| 17 Пропозиції ЕПЛ від 11_05_16.pdf | [ ] | 330 Кб |
 2 Комплексний проект з рекультивації.doc | [ ] | 12824 Кб |
| 20 Звернення ЕПЛ від 01_06_16.pdf | [ ] | 515 Кб |
| 21 Відповідь ЛМР від 26_08_16.pdf | [ ] | 1203 Кб |
| 22 Звернення ЕПЛ про закриття сміттєзвалища.pdf | [ ] | 1506 Кб |
| 23 Пропозиції ЕПЛ від 25_10_16.pdf | [ ] | 431 Кб |
| 24 Пропозиції ЕПЛ до ЛОДА та ЛМР від 01.11.2016.pdf | [ ] | 621 Кб |
| 25 позовна заява_EPL.doc | [ ] | 62 Кб |
| 3 Скарга ЕПЛ до ДАБІ.pdf | [ ] | 1480 Кб |
| 4 Анкета ЛМР до Мінрегіону.pdf | [ ] | 4425 Кб |
| 5 Letter to Ukraine Ecology Centre.pdf | [ ] | 1335 Кб |
| 6 Відповідь Віннницької ОДА.pdf | [ ] | 348 Кб |
