NEED FOR IMMEDIATE ENFORCEMENT ACTION RELATING TO ESKOM’S FLAGRANT NON-COMPLIANCE WITH ATMOSPHERIC EMISSION LICENCE CONDITIONS AT KENDAL POWER STATION

The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa Johannesburg, and the Vukani Environmental Justice Movement in Action, issued a formal request to the Minister of Environment, Forestry and Fisheries for immediate enforcement action against Eskom's Kendal power station. The letter alleges flagrant and chronic non-compliance with Atmospheric Emission Licence (AEL) conditions, specifically regarding particulate matter (PM) limits, and argues that previous government interventions have failed to compel compliance.

• Kendal power station has demonstrated chronic non-compliance with its Atmospheric Emission Licence (AEL) particulate matter (PM) limit of 100 mg/Nm3. An expert review of monthly emission reports from April 2016 to December 2017 found approximately 248 exceedances at Kendal, with PM exceedances occurring in 90% of the reported months (19 out of 21).
• Recent sample reports from 2018 and 2019 show that some units at Kendal power station have emitted particulate matter at levels significantly higher than the legal limit. Specifically, units 5 and 6 showed exceedances 12 to 13 times and 3.5 to 4 times the PM limit, respectively.
• The lack of fabric filters is identified as a primary driver for the frequent particulate matter exceedances at several Eskom stations, including Kendal, Lethabo, Kriel, Duvha, and Matla.
• Eskom has attributed its emission exceedances to recurring operational failures, including ash backlogs, emission controls being out of commission, and damage to electrostatic precipitators.
• Previous enforcement attempts by the Department of Environment, Forestry and Fisheries (DEFF) have been ineffective. Despite a pre-compliance notice in the 2016/7 National Environmental Compliance and Enforcement Report (NECER) and subsequent enforcement notices following a December 2017 inspection, violations have continued.
• Under the National Environmental Management: Air Quality Act (AQA) and the National Environmental Management Act (NEMA), non-compliance with AEL conditions or the duty of care can lead to significant penalties, including fines up to R10 million and imprisonment for up to 10 years for directors or management personnel.

APA

Centre for Environmental Rights (2019). NEED FOR IMMEDIATE ENFORCEMENT ACTION RELATING TO ESKOM’S FLAGRANT NON-COMPLIANCE WITH ATMOSPHERIC EMISSION LICENCE CONDITIONS AT KENDAL POWER STATION. https://cer.org.za/wp-content/uploads/2019/07/CER-letter-to-Minister-Creecy_-Kendal-enforcment-action_22-July-2019.pdf?x21779

Chicago

Centre for Environmental Rights. NEED FOR IMMEDIATE ENFORCEMENT ACTION RELATING TO ESKOM’S FLAGRANT NON-COMPLIANCE WITH ATMOSPHERIC EMISSION LICENCE CONDITIONS AT KENDAL POWER STATION. 2019. https://cer.org.za/wp-content/uploads/2019/07/CER-letter-to-Minister-Creecy_-Kendal-enforcment-action_22-July-2019.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=NEED FOR IMMEDIATE ENFORCEMENT ACTION RELATING TO ESKOM’S FLAGRANT NON-COMPLIANCE WITH ATMOSPHERIC EMISSION LICENCE CONDITIONS AT KENDAL POWER STATION |date=22 July 2019 |url=https://cer.org.za/wp-content/uploads/2019/07/CER-letter-to-Minister-Creecy_-Kendal-enforcment-action_22-July-2019.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2019need, author = {{Centre for Environmental Rights}}, title = {{NEED FOR IMMEDIATE ENFORCEMENT ACTION RELATING TO ESKOM’S FLAGRANT NON-COMPLIANCE WITH ATMOSPHERIC EMISSION LICENCE CONDITIONS AT KENDAL POWER STATION}}, publisher = {Centre for Environmental Rights}, year = {2019}, month = jul, url = {https://cer.org.za/wp-content/uploads/2019/07/CER-letter-to-Minister-Creecy_-Kendal-enforcment-action_22-July-2019.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }