The Ministry of Works and Engineering has come under fire for repeatedly violating environment laws at its waste management facility in the East End of the Island.

Auditor General Larry Dennis has reported that surveys carried out by the Ministry of the Environment in 1999 and 2001 showed that Works and Engineering was “grossly ignoring its operating licence”.

And he said the surveys had revealed “serious and persistent” violations of the conditions of the licence to run the facility near Bermuda International Airport.

He said: “The 2001 report noted 12 violations of the operating licence, eight of which were also identified in the 1999 report.

“As a result of these violations, oil, chemicals and other pollutants are being released into the environment, and waste is being improperly stored and contained.”

Mr. Dennis, in his Auditor's report for 2000/2001 tabled in the House of Assembly on Friday outlined the catalogue of infractions and said the facility was licensed to the Ministry of Works and Engineering, which subcontracted its operation to a private contractor.

In his report, he said: “These situations continue despite written communications to the Ministry of Works and Engineering over the years by the Environment Office, the Minister of the Environment and the Government Conservation Officer.

“The Ministry of Works and Engineering responded that it recognises the need to improve and to that end is working (to solve problems), but one should realise that there is always a cost associated with such ventures.” Mr. Dennis said revoking the waste facility's operating licence or closing it down were not practical options because Bermuda's waste had to go somewhere.

And he said one Ministry taking another to court would be “somewhat bizarre” and hardly a sensible use of public funds. Therefore, he said, better enforcement options were required.

He added: “In this case, Government needs to decide whether it is serious about compliance, and complying itself, with the environmental legislation it has enacted.

“In other cases, where non-Government entities are licensed to provide essential services, consideration should be given to providing the Ministry with powers to levy penalties or fines without having to resort to time-consuming and expensive court action.”

He recommended the Environment Ministry explore with the Government the desirability of legislating more effective and prompt methods of enforcing environmental protection legislation, particularly in situations where the Government itself is the offender.

Last night, Alex Scott, Minister of Works and Engineering, was off the Island and unavailable for comment.

But the Environment Ministry's response in the report was that, in the most part, legislation was adequate but some modernisation was necessary.

The response said: “The introduction of legislation that will allow the ticketing of certain offences will serve to increase environmental compliance and reduce the amount of time necessary to pursue relatively minor cases for prosecution.

“This will increase enforcement and ease the congested court system. With regard to compliance of other Government departments, co-operation is essential.”

But Shadow Works and Engineering Minister Erwin Adderley said last night that these violations should not be considered “relatively minor” as the operating licence was being “grossly ignored”.

And he said Government could not enforce one set of rules for the public and another for itself.

Mr. Adderley said: “If we make rules and regulations we must stand by them and enforce them, or else how can we expect other people to live by them?

“Government has to lead by example. If somebody cuts down a cedar tree, Government wants to take that individual to court. Yet, we had some very serious environmental infringements from the Ministry of Works and Engineering, but they seem to be saying they can get away with it because they have excuses.

“This issue has obviously not been resolved because of cost. It is going to cost millions of dollars, but it cannot go on.”

And Mr. Adderley said as far as he was aware, there was legislation in place to enable people to be fined, and Government was not exempt from that.

He added: “This is serious and more importantly, Government does not need a law to require them to comply. I would have thought that Government should have complied automatically.”

Lee Beauchamp, manager of Seahorses Bookmakers, of Queen Street, Hamilton, wishes to point out that his company was not one of the two Bermuda betting houses which has accumulated betting tax arrears due to the Government of $400,000.

He said when Auditor General Larry Dennis talked in the media about two betting companies who owed tax, he should have named them so as not to cast doubt over all betting houses.