By Olasunkanmi Akoni

The Lagos State Government h shut the facilities of three major companies, Nigerian Bottling Company (producers of Coca-Cola), FrieslandCampina (makers of Peak Milk), and Guinness Nigeria Plc over violation of Environmental Management Protection Law, EMPL, 2017, by
extracting large quantities of groundwater without proper authorisation.

The Lagos State Water Regulatory Commission, LASWARCO, had on Friday, sealed off the facilities, during an enforcement exercise.

Director, Technical Services, LASWARCO, Mr. Babatunde Olowu, during the enforcement on Tuesday, maintained that LASWARCO had severally, served notices with the companies for over seven years to ensure compliance with water abstraction regulations, but they have refused to comply.

According to Olowu; “We operate a law that empowers us to regulate most of these heavy abstractors in Lagos State. Abstractors are individuals or entities that extract large quantities of groundwater for commercial purposes.

“So, these companies that we have sealed, basically three of them – Coca-Cola, Freisland Campina and Guinness, abstract water in large quantities.

“And we have been engaging them over time. At least, I have been here for more than seven years now. We’ve been engaging these companies for more than seven years now.

“Some, either they do partial compliance, or some don’t comply at all. So, now that we started implementation of our regulation, we now compel them to fulfill all their regulatory demands.”

The move highlights the commission’s resolve to enforce compliance and address the environmental risks posed by unregulated groundwater abstraction.

Recall that the State Government has revealed plans to embark on immediate enforcement of EMPL, 2017, following discovery of defaulters found abstracting groundwater without authorization for production.
Commissioner for the Environment and Water Resources, Mr. Tokunbo Wahab, who stated this, stressed that the act of unregulated groundwater abstraction could lead to land subsidence, contamination of groundwater sources, and other environmental hazards.

According to Wahab, “The Environmental Management Protection Law, EMPL, 2017, empowers the Lagos State Water Regulatory Commission, LASWARCO, to regulate all activities impacting groundwater, regulate the activities of those engaged in the abstraction, provision, consumption, production, supply, distribution, and sale of water, processing water into carbonated drinks, beverages and others, pursuant to Section 313,sub-section 1 (h) (i).

“The EMPL, pursuant to the Sanctions, Fines and Penalties classifies abstraction of ground water without authorization, operating without a license as offences under Law.

“Unfortunately, there are a significant number of defaulters who are abstracting groundwater without authorization, posing a significant risk to the environment and public health.

“In 2020, Mr. Governor gave concessions of 75 per cent waiver on groundwater abstraction Only a few bottling Companies like 7UP , CWAY and La Casera and the Hotel owners Association were fully compliant.

“However, due to the low level of compliance, LASWARCO is commencing the enforcement of regulatory compliance and to also inform the public of the importance of promoting sustainable groundwater management, reduction in over-extraction.

“These defaulters are not only breaking the law, but they are also denying the state government of additional opportunities to fund critical infrastructure projects and improve the lives of Lagosians.

“That is why government is calling on all organizations that fall within the regulated entities to come forward and regularize their operations.

“Government is committed to working with all stakeholders to ensure that the water sector is regulated in a fair and transparent manner.

“However, Lagos State Government will not hesitate to penalize those who refuse to comply with the law, as already, letters with 72 hours ultimatum was shared last week, and this will continue.

“Enforcement action will be taken against non- compliant organizations (defaulters) as this will serve as a deterrent to others and will also reflect the seriousness with which we take these offenses.

“We are committed to protecting the environment and public health, to ensuring that compliance with regulatory provisions remains mandatory for all entities using groundwater for production or consumption and we will take all necessary steps to ensure that this responsibility is discharged.”