Alcoa 'uncooperative' in refinery dust probe - magistrate

Alcoa was fined $45,000 in the Perth Magistrates Court on Wednesday for failing to make sure dust from its Wagerup alumina refinery about 120km south of Perth did not spread to the nearby community.

On May 14, 2006, Alcoa received several complaints from residents who were experiencing burning in their throats, skin irritations and headaches.

Eyewitnesses said they saw large amounts of dust coming from the Wagerup refinery.

On that day the Bureau of Meteorology had warned of adverse wind conditions which put the risk of air-blown dust as high as "extreme".

When the Department of Environmental Protection (DEP) investigated the complaints, it discovered there were no sprinklers on one of the residue drying areas where the dust had blown from.

The use of such sprinklers reduces the risk of dust emissions from the bauxite refining process.

The prosecution submitted that Alcoa did not cooperate with DEP during its investigation of the dust incident.

"At no time during the investigation did Alcoa acknowledge that there was dust emission from the refinery," the prosecution said.

"Further, Alcoa employees refused to provide information and were unco-operative during the compelled interviews."

Alcoa rejected this claims, however, in handing down her sentencing Magistrate Barbara Lane said employees were not co-operative.

The company was convicted on a pollution charge in relation to dust emissions from a residue drying area at the same refinery in 2002.

Following the conviction in 2004, Alcoa had publicly committed to upgrading its sprinkler system to prevent similar instances.

However, by 2006, the company had still had not carried out the agreed improvements sufficiently, the prosecution said.

Alcoa said leading up to the 2006 incident, the company was in the process of replacing the permanent sprinkler system, which had created a gap in sprinkler coverage on one of its residue drying areas.

The magistrate said no analysis of the dust was carried out, but it would have comprised mud, sand, caustic and small traces of alumina.

She said while it was accepted there was no long-term injury, loss or damage to any of the local residents, not knowing what was in the dust would have caused them to feel fear.

"This would make the local residents suspicious, concerned and vulnerable, no doubt feeling powerless against a multinational corporation, feeling that they have no voice," Lane said.

Alcoa were fined $45,000 plus $5000 in court costs.