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DTECK vs. Botievo community in Zaporizhzhia region

In December 2017, the Ministry of Ecology and Natural Resources of Ukraine issued a Law “On the Environmental Impact Assessment”. DTEC was the first company in Zaporizhzhia region that’s covered with the “new wave” of the legislation, or rather its subsidiary Orlivska Vitroelektrostantsia LLC.

The above-mentioned company has started the construction of Orlivska power farm with the capacity of 100 MW and 150 kV electric transmission line with the length of approximately 21 km. The construction that is still in progress has almost destroyed all the roads of Botievo village, those were the roads by which very large-tonnage trucks with construction materials were moving; that significantly exceeded the permissible loads on the road surface. But these losses do not end here. Residents of Botievo village have been affected by that construction, namely residents whose houses are situated alongside the road by which the construction machines were moving. Owners of houses have suffered significant losses because they had to repair their homes at their own expenses.

The residents have repeatedly applied to the local self-government authorities with the request to restore roads, they have written an application letter to the governor of Zaporizhzhia region with the request to help them with solving the problem with the hard-surface road and promoting the restoration of destructed buildings, they have participated in public hearings but their opinions and remarks have not been taken into account.

Orlivska Vitroelektrostantsia LLC continues its “destructive” construction on a regular basis referring to the legitimacy of its activities. All requirements of the Law “On the Environmental Impact Assessment” seem to be fulfilled and no violations have been detected. As the common folk say, “the first step is always troublesome”.

Concerned residents have been finally heard by Spravzhni Dii PO that brought an action to the court against DTEK and its subsidiary Orlivska Vitroelektrostantsia LLC on the cancellation of the Report on the environmental impact assessment based on the breach of the procedure of assessing the environmental impact with regard to:

— non-simultaneous notification of the planned activities and requirements, on providing conditions with the reference to the volume of the research and level of the itemization of information that shall be included to the report on the environmental impact assessment (i. 9 of art. 5 of the Law of Ukraine “On the Environmental Impact Assessment”);
— providing the incomplete package of documents for obtaining the conclusion on the environmental impact assessment, namely the absence of the document that confirms the payment for the public debate (i. 6 of Resolution of the Cabinet of Ministers of Ukraine No. 1026 dated December 13, 2017).

We hope that Spravzhni Dii PO has enough efforts and dedication to bring this case to the logical conclusion. This issue becomes resonant every day and attracts more and more attention. There is no recourse for us but to view the happenings and be hopeful of the community success.