The "A Citizen With An Urgent Cause!!" Story

It was an ordinary day.  Checking Facebook and found a story in Sint Maarten's "The Daily Herald" that was published on the Facebook page known as SIMPLY SXM.  Seems my friend, Barbara Cannegieter, who lives on the island known as Sint Maarten, had shared the link with the world.  

My wife Carol with Dee and Barbara at their home in Sint Maarten.

She has finally taken a bold stand!  The newspaper reported that a local citizen has taken the government on the island to court over the constant fire that burns in the local dump.  The dump can be seen from her home high in the hills above the capital city of Philipsburg on the Dutch side of the island known as Sint Maarten/St. Martin.  One side of the dual government island is Dutch while the other is French.  Carol and I have been visiting the island for close to 20 years now to enjoy their beaches, food and culture.  Along the way we have been lucky enough to gain quite a few good friends on both sides of the island.  Two such friends are Barbara and her husband Diederick.  Barbara grew up in nearby Williamsport, Pennsylvania and after a few visits to the island years ago, met and married her husband, Dee.  She has called Sint Maarten home since that time.  She loves the island and does her part to keep it safe and healthy and to survive there as a resident.  

The dump burns off in the distance.

Back on February 6, 2018 she sent a letter on behalf of the Sint Maarten Pride Foundation for which she is the secretary, to "His Excellency Eugene Holiday", the Governor of Sint Maarten.  She told of her disgust with the frequent and violent landfill fires that have plagued their side of the island for years.  With the arrival of the deadly hurricane Irma, the fire had become even more worrisome and harmful to the residents who live near the dump.  From Barbara's home in the hills high above Philipsburg she can see the dump every day and can see the environmental damage that it is doing to her country.  

Another day of flames and smoke.

She and her group, Sint Maarten Pride, were appealing to the Governor for help in remedying the problem.  She told of having to wear face masks, closing windows in their homes and staying indoors due to the fires that spit our their toxic components.  She told the Governor that the people in the Dutch Kingdom are guaranteed clean air as stated in their constitution, but are having a hard time finding it on most days.  She ended her letter with a statement stating they trust he will take their appeal on the landfill issue seriously and immediately.  

Another day of burning.  It is daily, non-stop.

Well, that was over six months ago, and the FIRE IS STILL BURNING!!  So, she took it upon herself, along with a few others, to file an injunction against Country St. Maarten, the Ministry of Public Housing, Spatial Planning, Environment and Infrastructure VROMI and current management company of the landfill Robelto and Son B.B. in Sucker Garden.  She and the other plaintiffs requested that the Court order the government and the dump operator to take effective measures to prevent the emission of smoke, gases and stench at the landfill within three months following a Court ruling.  They also requested that the Court order government to have an official Institution such as the Netherlands Institute for Public Health and the Environment conduct measurements of toxic fumes.  They based their claim on legal protection they may invoke under environmental laws which are anchored in the Civil Code.  They also argued that the government and dump operator can be held liable based on "tort" or an "unlawful act."  Article 5:37 of the Civil Code is at the core of the dispute, as this article stipulates that the owner of a parcel of land may not cause hindrance such as, but not limited to, noise, smoke and gases continuously.  

Would you live in conditions like this.  No one should have
to put up with this in a civilized world!  It looks like a war zone.

The winds in St. Maarten generally come in an Easterly direction and the plaintiffs who work and live west of the dump suffer weekly and sometimes daily, depending on the winds, the plaintiffs said in a press release.  Barbara's home is less than two kilometres from the dump and another plaintiff, Mr. Koster who is a lawyer, lives seven kilometres from the dump as well as works in an office two kilometres west of the dump.  They constantly have complained of the foul smell, stinging eyes, sore throats, lungs and nasal passages as well as constant headaches.  Mr. Koster also said that the employees of his law firm have gone home numerous times due to the conditions at the dump.  No one should have to live like that in a developed country such as Sint Maarten.  This is all due to a dump that is filled with all types of waste from household waste to appliances, vehicles, chemical waste and batteries.  A mountainous pile of waste creates all types of chemical processes to arise which leads to the fire, gases and smoke.  Not only that, but on certain days the smoke blows directly toward the ship dock where cruise ships land with patrons who expect to explore the shopping in Philipsburg without the smoke from the dump.  Barbara and the other plaintiffs state that Country St. Maarten is in violation of its constitutional obligation to promote public health and liability of the country.  It also knowingly allows the dump to be operated without the required permits and allows all types of waste, allegedly even from abroad, to be discharged on the dump.   According to the three plaintiffs, government has failed to take any visible action to prevent or reduce the inconvenience, whereas it is "a fact" that the dump is located on a parcel of land that belongs to the government and for which Country St. Maarten and the minister are legally responsible.  The dump nuisance is virtually continuous.  It effects the health of all the citizens in the path of the dump's smoke and fumes.  The plaintiffs demand that the government take all necessary measures to prevent the emission of smoke and odor as soon as possible, but in any event within three months of judgment.  Seems the government has been arguing for years that it is working on a solution.  So, why is the dump still active?  The plaintiffs also requested, in case of non-compliance, that the Judge attach to the verdict daily penalities of US $5,000 with a maximum of $1 million.  Hopefully the case will be heard by the end of next month.  Money always speaks loudly to elected officials.  Maybe, just maybe, Carol and I will be able to visit Barbara and Dee without having to wear a mask the next time we visit the island.  NO ONE SHOULD HAVE TO LIVE LIKE THAT!!  Make the elected officials move into the homes in the path of the smoke and fumes and see what happens.  There is no way they would want to put up with the unsafe conditions!  It was another extraordinary day in the life of an ordinary guy.