WILLEMSTAD - "The Isla Refinery contributes more than mcg / m3 (micrograms per cubic meter) of SO2 (sulfur dioxide) and has to pay a fine of 75 million guilders." This should be the ruling in higher appeal this Tuesday in the case brought by SHZC, SMOC and 25 residents.
INCORRECT CALCULATIONS
According to Isla, the high SO2 measurements of recent years are the fault of the other sources (Aqualectra, CRU, traffic, shipping) and its own contribution is less than 80 mcg / m3. Also, according to experts from the Netherlands from StAB and TNO who were appointed by the court to calculate Isla's contribution, Isla's contribution is less than 80.
SMOC has been trying for years to prove that the calculations were incorrect, because the measurements of SO2 are much higher than the calculations done by experts. The data used by the experts came from Isla and was, SMOC proved time and again, incomplete and often incorrect. The experts did not want to perform a validation, did not calculate the contribution from the other sources and held on to their calculations for Isla alone: less than 80!
Isla won, its expensive lawyer team from the Netherlands was naturally very satisfied.
MEASUREMENTS PROVIDE PROOF (SEE TABLE BELOW)
Now that the Isla has been inoperative for almost a year, there are measurements that prove that the contribution from the other sources is very small, and the experts were completely wrong with their calculations. The graph with validated measurements (see below) shows the months in which Isla is completely inoperative, compared to the same months of the years 2013-2017. Only the other sources, including CRU, are now measured:
SO2 average 2013-2017: 183.4 mcg / m3 (Isla + CRU + Aqualektra + traffic + shipping)
SO2 average 2018: 23.3 mcg / m3 (CRU + Aqua electricity + traffic + shipping)
CRU did not operate at full capacity in 2018. If it does operate at full capacity, the contribution from CRU is 30 mcg / m3, so it has been established in the court cases. Isla's contribution is therefore on average much higher than 80 mcg / m3 in almost a year, and according to the 2010 judgment, PdVSA must then pay a fine of 75 million guilders. That seems like a lot of money, but according to a very recent press release from Isla, PdVSA has paid 270 million guilders a year in maintenance and investment. According to SMOC, PdVSA has earned approximately USD 500 million (tax-free) for 30 years in Curaçao.
On Tuesday 30 April, the court in higher appeal will decide whether that 75 million guilders must be paid to the 26 claimants. That ruling has already been postponed twice.
