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THE ELDER PLEA
FOR A HEALTHY AND SAFE DRINKING WATER
In France, drinking water is the food the most controlled. We find around 70 criteria for water to be qualified drinkable for human.
In France, drinking water is the food the most controlled. We find around 70 criteria for water to be qualified drinkable for human.
In France, the production
of drinking water is subject to very strict and permanent control by
the State government in matter of technic of production, budgetary
means and accounting operations.
Yet it is now on the second month that the public of St-Martin is condemned to cope with polluted drinking water running out of their taps and we are yet waiting on words from the Préfete, representative of the State's government in St-Martin.
Yet it is now on the second month that the public of St-Martin is condemned to cope with polluted drinking water running out of their taps and we are yet waiting on words from the Préfete, representative of the State's government in St-Martin.
On June 25th, 2019, We Saint-Martin residents have been informed by president of French St-Martin Collectivity Daniel Gibbs, that the water distributed to the public as drinkable water is polluted by bromates and therefore not good for drinking, cooking or mouth wash, only bath and cleaning use is authorized.
To Mr. Daniel Gibbs we say: If drinking water is not drinkable it is prohibited to distribute it to the public even free of charge. That is the law.
Article L.1321-1 of the “Code de santé publique”: “Any person offering to supply drinking water to the public …. is obliged to be assured that this water is good for consumption. The using of water unfit for human health in the preparation and preservation of foods or goods destined to human consumption as well as the using of unfit water for domestic purposes are prohibited”
The supplier
responsibility is engaged if he fails to live up to his obligations to supply consumers with drinking water answering to legal quality norms.
The consumer can claim damages compensation without having to prove any damage suffered.
The consumer can claim damages compensation without having to prove any damage suffered.
The truth is that drinking water running out of our taps is today polluted because the production and distribution is in the hands of a public establishment called “Etablissement des Eaux et de l'Assainissement de St-Martin (EEASM)” that knows nothing of the rules of publicity and transparency in matters of delegation/concession of public services to private entities or of the health and safety regulations in the supply of drinking water to the public.
Article L.1411-1 and following of the CGCT reinforced provisions for the rules of publicity and transparency in matter of delegation or concession of public services.
Up to November 30th, 2018, production and distribution of drinking water on french St-Martin was supposedly delegated to private entities owned by the group VEOLIA, in the form of concession of public service contracts, under the supervisory administration and management of a public corporation (régie or EPIC), Called : “Etablissement des Eaux et de l'Assainissement de St-Martin (EEASM),
Formally there were:
- A production of drinking water concession of public service contract with “l'Union Caraïbe de Déssalement d'Eau de Mer (UCDEM)” owned by the group VEOLIA, dated back to the year 1984, and that was to expire on March 31st, 2020
- Two concessions
contracts with “La Société Générale des Eaux Guadeloupe
(SOGEA.G ) also owned by the group VEOLIA, One for the distribution
of public drinking water and the other for public sewage draining,
both to expire in December 2020.
This EEASM is
organized into a “Conseil d'Administration” composed of 8
members: 6 members of the “Conseil Territorial” and two
outsiders.
The first irregularity of this “Conseil d'Administration” that seems contrary to the dispositions of the 2007 Organic law creating the Territorial Collectivity of St-Martin, is the fact that the president of the EEASM is M. Dominique Riboud who is but a simple territorial councillor.,
As Vice-president we find Mme Marie-Dominique Ramphor, a member of the “Conseil Exécutif” of the Collectivity and in third position we find the 4th Vice-president of the “Conseil Territorial”, Sir Steven Patrick as simple member of this “Conseil d'Administration”.
Public water service fall under the administration of the president of the Collectivity and as such he can only delegate this function to one of his Vice-president or eventually to a member of his “Conseil Exécutif” but never to a simple member of the Territorial Council, if the organic law is respected.
To make matters worse, this irregularity is subordinating Daniel Gibbs Vice-president to the authority of a simple member of the Territorial Council.
The other thing that seems irrational with this EEASM is the fact that is administered by a director, 2 engineers, 2 technicians, one secretary and one editor,
This does not appears to be the setting for administrative and management works!
The first irregularity of this “Conseil d'Administration” that seems contrary to the dispositions of the 2007 Organic law creating the Territorial Collectivity of St-Martin, is the fact that the president of the EEASM is M. Dominique Riboud who is but a simple territorial councillor.,
As Vice-president we find Mme Marie-Dominique Ramphor, a member of the “Conseil Exécutif” of the Collectivity and in third position we find the 4th Vice-president of the “Conseil Territorial”, Sir Steven Patrick as simple member of this “Conseil d'Administration”.
Public water service fall under the administration of the president of the Collectivity and as such he can only delegate this function to one of his Vice-president or eventually to a member of his “Conseil Exécutif” but never to a simple member of the Territorial Council, if the organic law is respected.
To make matters worse, this irregularity is subordinating Daniel Gibbs Vice-president to the authority of a simple member of the Territorial Council.
The other thing that seems irrational with this EEASM is the fact that is administered by a director, 2 engineers, 2 technicians, one secretary and one editor,
This does not appears to be the setting for administrative and management works!
Note the absence of
a public accountant that is compulsory in these type of public
corporation in form of an EPIC
The second
irregularity is that this EEASM claims to be an EPIC (Etablissement
Public Industriel et Commercial) since the year 2009. We find no
trace of a 2009 deliberation of the “Conseil Territorial” of the
Collectivity transforming this public corporation (Régie) to the
status of an EPIC.
What we know is that in 2006, the Commune of St-Martin in preparation to be converted into a Territorial Collectivity was forced to reduce the Commune budget to a minimum if they wanted to obtain this change of status from the State
What we know is that in 2006, the Commune of St-Martin in preparation to be converted into a Territorial Collectivity was forced to reduce the Commune budget to a minimum if they wanted to obtain this change of status from the State
For this reason the
Commune decided to transform all of its budgetary integrated public
corporations (Régies) into autonomous subsidized public corporation
(régies) but with an autonomous budget.
This was the case of the drinking water and sewage draining “régie”, as well as the Port Service, The Grand Case Airport etc.
This was the case of the drinking water and sewage draining “régie”, as well as the Port Service, The Grand Case Airport etc.
The Commune Budget
that amounted to the sum of 99 million euros in 1997, or 104,5
millions euros in a consolidated budget with these annexed public
corporations, was reduced to 48,5 millions euros in 2007 when
transferred to the newly created Territorial Collectivity.
OUR QUESTION IS WHO IS TO BE COUNTED RESPONSIBLE FOR THE QUALITY OF THE DRINKING WATER RUNNING FROM OUR TAPS TODAY?
Bromate is
classified by the World Health Organization (WHO) as carcinogenic,
extremely toxic and can cause renal insufficiency, deafness and even
death.
For these reasons,
by the WHO references of drinkable water, the maximum concentration
of bromate acceptable in drinking water is limited to 0,01 mg/L
(10ug/L)
The official
drinking water tests report published for St-Martin dated July 1st,
2009, show up to
213 ug/L of concentrated bromate in the drinking
water distributed to consumers on french St-Martin.
213ug/L in Lowlands
area, 109 ug/L in Sandy Ground, 176ug/L in French Quarter, 198 ug/L
in Baie Rouge, 106ug/L in Belle View, 168ug/L in Oyster Pond.
What is very curious in this report is that coming out of the water plant in Galisbay, the concentration of bromate tested is below 10 ug/L.
What is very curious in this report is that coming out of the water plant in Galisbay, the concentration of bromate tested is below 10 ug/L.
Logically this means
that the arguments advanced by president Daniel Gibbs and the water
producer that the bromate is formed in the water during the
desalination and disinfectant method used to convert the sea water into drinking water, is not justified by the
analysis of these tests performed at the consumers taps.
It is true that bromate in drinking water usually may be formed as the water is disinfected by different technics such as ozonation (electrical means) or the use of concentrated hypochlorite solutions.
But these tests reveal clearly that the bromate in our drinking water is formed not at the level of the production of the drinking water but after leaving the Galisbay water plant.
It is true that bromate in drinking water usually may be formed as the water is disinfected by different technics such as ozonation (electrical means) or the use of concentrated hypochlorite solutions.
But these tests reveal clearly that the bromate in our drinking water is formed not at the level of the production of the drinking water but after leaving the Galisbay water plant.
When we know that water pipes canalizations and sewage pipes
canalizations are both passing side by side in the same underground
canal and that they are both suffering serious leakage on a permanent
basis, we can only question the incompleteness of these tests and
their conformity with the legal norms qualifying healthy
and safe drinking water.
These tests only report on the rate of bromate and chlorine found in the drinking water, in other words, strictly constituents attributed to the disinfectant treatment of the drinking water.
What we need and demand from our local and State government is a complete information on the quality of the drinking water distributed in conformity with drinking water norms fixed by the World Health Organization as well as by our french health code,
We need to know not only the rate of disinfectant constituents in our drinking water but also the rate of microbial, other chemical and radionuclides constituents in the public drinking water distributed to consumers on french St-Martin .
These tests only report on the rate of bromate and chlorine found in the drinking water, in other words, strictly constituents attributed to the disinfectant treatment of the drinking water.
What we need and demand from our local and State government is a complete information on the quality of the drinking water distributed in conformity with drinking water norms fixed by the World Health Organization as well as by our french health code,
We need to know not only the rate of disinfectant constituents in our drinking water but also the rate of microbial, other chemical and radionuclides constituents in the public drinking water distributed to consumers on french St-Martin .
WE
HEREBY STAND TO OUR RIGHTS TO HAVE ACCESS TO AN ADEQUATE SUPPLY OF
SAFE DRINKING WATER.
WE DO NOT TRUST EEASM OR OUR PRESENT WATER SUPPLIER THE GROUP SAUR.
The truth is that we
do not know who is really running the water plant in Galisbay and
what technic is used for the desalination of the sea water or for the
disinfectant treatment of drinking water.
Is it EEASM? and therefore the group SAUR name is but dust in our eyes?
Is it EEASM? and therefore the group SAUR name is but dust in our eyes?
If we refer to the
manner in which the president of EEASM, M. Dominique Riboud handled
the necessary reconstruction of the water plant and the distribution
network in the aftermath of hurricane Irma, we have all reasons to be
suspicious of corruption in the administration and management of
these delegations/concessions of public services for the production
and distribution of drinking water on french St-Martin.
At the time of the passing of hurricane Irma over St-Martin, public drinking water was exploited by UCDEM/VEOLIA under a concession of public service contract to expire on March 31st, 2020 and the distribution of drinking water exploited by SOGEA.G/VEOLIA, also by concession of public service contract to expire December 31st, 2020.
We do not have a copy of these concession of public service contracts but what we know by law, is that in these type of concessions, the operator of the concession is under obligation by law to take out an insurance as to cover both his civil responsibility as to guarantee all risks link to the damage of goods object of his exploitation of the public service, this covering all equipment, installations, machineries, materiel etc.
At the time of the passing of hurricane Irma over St-Martin, public drinking water was exploited by UCDEM/VEOLIA under a concession of public service contract to expire on March 31st, 2020 and the distribution of drinking water exploited by SOGEA.G/VEOLIA, also by concession of public service contract to expire December 31st, 2020.
We do not have a copy of these concession of public service contracts but what we know by law, is that in these type of concessions, the operator of the concession is under obligation by law to take out an insurance as to cover both his civil responsibility as to guarantee all risks link to the damage of goods object of his exploitation of the public service, this covering all equipment, installations, machineries, materiel etc.
We also know that by
law EEASM as an EPIC, as it claims to be, is also under obligation to
take out an insurance against all financial risks.
We know that the company UCDEM/VEOLA had invested considerably in the year 2006 in the renewal of the equipment and installations of the water plant in Galisbay, this included replacing the old technic of production of drinking water consisting of “thermo-compression” by a new technic known as “Osmose inverse” a system of ultra-performant filtering.
By this new system
the production, in 2006, cost of drinking water was reduced to €.2, 62/m3
compared to €. 4,17/m3 before.
Note that Dutch Sint-Maarten with this same new technic is producing its drinking water at the cost of €.1,50/m3.
Note that Dutch Sint-Maarten with this same new technic is producing its drinking water at the cost of €.1,50/m3.
With the passing of hurricane Irma, this water plant was severely damaged, and in need of a complete replacement of its desalination equipment, installations and digitalization system.
CURIOUSLY, INSTEAD OF ALLOWING THE INSURANCE COMPANIES OF THESE CONCESSIONAIRES OPERATORS TO COMPENSATE FOR THE DAMAGES CAUSED BY HURRICANE IRMA AND BY SO DOING ASSURE THE MUCH NEEDED RENEWAL OF THE WATER PLANT DAMAGED EQUIPMENT AND INSTALLATIONS AND OF THE DEFECTIVE DISTRIBUTION NETWORK, WE FIND THE PRESIDENT DOMINIQUE RIBOUD ENGAGED IN A TRANSACTIONAL PROTOCOL TO TERMINATE BY ANTICIPATION ALL THREE CONCESSIONS.
President Dominique Riboud, in the name of the EEASM, decided to simply take on all the post-Irma reconstruction works to be done to put back into service the water plant and the distribution canalization, all to the charge of the Collectivity.
At the same time HE initiated a transactional protocol with the group VEOLIA, discharging all concessionaires/operators of all responsibility and obligations resulting from damages caused to their exploitation by hurricane Irma and to engage into a friendly anticipated termination of their concession of public service contracts.
The unanswered question is what has been done with the Insurance money of these concessionaires of public service in compensation of the damages caused by hurricane Irma to the goods (biens) in their hands by concession contract at the time of passing of hurricane Irma?
WHERE
IS THE RATIONEL IN THE COLLECTIVITY DECISION TO CONCLUDE IN HURRY AN ANTICIPATED TERMINATION OF CONTRACT WITH THE GROUP VEOLIA?
- CONCERNING THE
CONCESSIONAIRE UCDEM/VEOLIA:
Note that this company UCDEM/VEOLIA had never manifested the will for an anticipated termination of it concession contract that was to expire normally on March 31st, 2020, only 16 months away from the anticipated termination decided for November 30th, 2018. This was all an unilateral forced decision of Dominique Riboud president of the EEASM
Note that this company UCDEM/VEOLIA had never manifested the will for an anticipated termination of it concession contract that was to expire normally on March 31st, 2020, only 16 months away from the anticipated termination decided for November 30th, 2018. This was all an unilateral forced decision of Dominique Riboud president of the EEASM
UCDEM?VEOLIA, a
company owned by the group VEOLIA, by a contract signed with the Commune of
St-Martin on February 24th, 1984, was ever since
the signing of contract, in charge of the production of public
drinking water on french St-Martin.
This delegation of
public service to UCDEM/VEOLIA group was in the form of a concession
of public service contract.
Curiously, We note
the following:
- Neither in the immediate aftermath of hurricane Irma or during the negotiation for an anticipated termination of the concession contract, it was ever referred to insurance money for damage compensation resulting from the passage of hurricane Irma.
- We know that UCDEM/VEOLIA had practically rebuild the water plant in 2006 yet nowhere in the aftermath of hurricane Irma it was question of reconstruction cost or contractual obligations
- Nowhere we find trace of the annual report imposed by law, by which the concessionaire is to give account on his exploitation of the public service and also an analysis of the quality of the public service as provided by article L. 1411-3 of the CGCT
- Nowhere we find any reference to previsional programs not executed as provided by articleL. 2224-11-13 of the CGCT
The only terms
of this anticipated termination of concession of public service are
as followed:
- UCDEM will restitute free of charge to the Collectivity and in working condition the land and installations listed in article 15 of the February 24th, 1984 concession contract,
- The Collectivity represented by EEASM (Etablissement Des Eaux et de l'Assainissement de Saint-Martin) takes act of the absence of goods (biens) belonging to UCDEM/VEOLIA and that should have been taken over by EEASM.
- EEASM is responsible for the taking over of the employees employed in the frame of the concession contract and ending on November 30th, 2018
- In regards to circumstances, referring to hurricane Irma, both parties agreed that no sum is due by the UCDEM to the Collectivity in compensation of the state of conditions of the goods (biens) returned, wether in regards of their maintenance, or renewal or by rights to contractual renewal
- Up to the date of November 30th, 2018 UCDEM will pursue in the execution of its contract and assume all its obligations and responsibility as concessionary of public service.
- CONCERNING THE CONCESSIONARY SOGEA.G./VEOLIA
We are led to believe that the decision to proceed to this hurry anticipated termination of public service concession contract with the group VEOLIA started by a letter dated June 15th, 2017 by which the SOGEA.G ( Société Générale DES Eaux Guadeloupe, owned by the group VEOLIA.
Seemingly this letter was a simple complaint and warning to the Collectivity on the state of degradation, technically and financially, in the last years of the public service given to the SOGEA.G/VEOLIA to exploit upon concession of public service contract and logically give warning not to be able to pursue the exploitation in such a context.
In reply, by a letter dated July 13th, 2017, EEASM in the person of its president Dominique Riboud, expressed the desire to conclude a friendly anticipated termination of all three concessions with the group VEOLIA (the one with UCDEM and the Two with the SOGEA.G.).
On July 27th, 2017, the Conseil Territorial of COM St-Martin deliberated, giving authorization to the EEASM president to open negotiation with the group VEOLIA to terminate by anticipation all three concession contracts by November 30th, 2018.
Just like as stated above with UCDEM/VEOLIA, we find no trace of Insurance compensation for damages caused by hurricane Irma to the distribution canalization and network.
We find the same compromise of the Collectivity not to request any sum of any nature in compensation of the state of condition of the goods (biens) belonging to the Collectivity and restituted at the ending of the contract.
The only difference noted is that:
- The SOGEA,G./VEOLIA was paid off the sum of €. 100 109,94 for the take over by the EEASM of goods property of the SOGEA.G./VEOLIA- The payment by EEASM of the sum of €.1 400 000,00 to the group VEOLIA in compensation of anticipated termination of concession of public service contract. Sum to be paid before December 31st, 2018- The granting free of cost by the SOGEA.G/VEOLIA of its property building situated 5 rue Leopold Mingo Concordia to the EEASM
WHY WASTED €.1 400 000,00 IN INDEMNITY FOR ANTICIPATED TERMINATION OF
CONCESSION OF PUBLIC SERVICE CONTRACTS EXACTLY AT A MOMENT WHEN
THESE CONCESSIONAIRES OPERATORS WERE UNDER OBLIGATION BY LAW AND BY
CONTRACT TO ASSUME THEIR RESPONSIBILTY THROUGH THEIR INSURANCE, TO THE RENEWAL AND RECONSTRUCTION OF THE “BIENS” OBJECT OF
THE CONCESSION CONTRACTS AND THAT WAS UNDER THEIR RESPONSIBILTY AT
THE PASSING OF HURRICANE IRMA?
WHY THE PRESIDENT OF THE EEASM IGNORED THIS LEGAL OBLIGATION AND SIMPLY TOOK OVER AT THE CHARGE OF THE COLLECTIVITY ALL POST-IRMA RECONSTRUCTION COST ?
All three contracts were terminated by anticipation on November 30th, 2018,
WHY THE PRESIDENT OF THE EEASM IGNORED THIS LEGAL OBLIGATION AND SIMPLY TOOK OVER AT THE CHARGE OF THE COLLECTIVITY ALL POST-IRMA RECONSTRUCTION COST ?
All three contracts were terminated by anticipation on November 30th, 2018,
- UCDEM/VEOLIA contract was to normally expire on March 31st, 2020 (in 16 months)
- SOGEA.G/VEOLIA contracts, one signed on March 23rd, 2006 for the distribution of public drinking water and the other signed on August 2014 for the exploitation of sanitation drainage, were both to naturally expired on December 31st, 2020 in ( 2 years 1 month)
We are told that after anticipated termination of the contract with “l'Union Caraibe de Dessalement d'Eau de Mer (UCDEM/VEOLIA)” the former water producer and La Generale Des Eaux Guadeloupe the former water distributor, it is now the group SAUR that is now in charge of the production and the distribution of public water.
Seemingly it is by a deliberation of May 15th, 2018 that the “Conseil Territorial” voted in favor of the group SAUR as the new concessionaire of public service by contract for the production and distribution of drinking water on french St-Martin.But SAUR is only the name of a group just like VEOLIA is the name of the group of which belong the company UCDEM and the company “Général Des Eaux Guadeloupe” , subsidiary companies (filiales) of VEOLIA.
So which of SAUR company is in charge of the production and distribution of drinking water here on French St-Martin?
What we know is that while the group VEOLIA has a world record of a very wealthy group, present on 5 different continents and is enjoying a high economic growth rate, on the contrary, the group SAUR is rather today a declining group that was recently in the last few months save from total collapse by a Swedish investment group that now controls the group.
The concession of public service contract signed by EEASM wit this group SAUR is the least to say very ambiguous:
- No where it is stipulated in clear terms that this group is in charge of the production of drinking water,
- No where, as it is the rule for these type of concession, we find any imposed obligation upon the group SAUR to take in charge the necessary investment to reestablish the production norms for the production of a healthy and safe drinking water in conformity with the WHO and the french Health code.
- No where we find a previsional program for renewal or reparation work of importance on the goods given by concession of public service to be exploited by the group SAUR
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