WASA to review court ruling in leaking sewer pipe case

The Water and Sewerage Authority (WASA) said it was reviewing the judgement delivered by Justice Frank Seepersad in the case filed by a San Juan businessman over a leaking sewer pipe.

On March 6, Seepersad ordered WASA to compensate Matthew Edwards, trading as Sure Bros Enterprises, after they judge found the utility liable for negligence and nuisance over a sewage disaster that forced his business to close for 45 days.

Edwards’s lawsuit arose from an October 21, 2021 incident where his business was flooded with raw sewage at Eastern Main Road, Petit Bourg. The disaster forced him to close his electronic, books and ice-cream shop for a prolonged period. After 42 phone calls to WASA, workers eventually arrived on December 10, 2021, to repair the leaking sewer main.

In its defence, WASA attempted to defend its inaction by citing a lack of resources and competing emergencies. The judge rejected the defence.

In response to questions sent to Newsday, the authority said while it was aware of the court’s decision, it was important to note that the legal process was not yet fully concluded.

“This is a matter where the insurer is on risk and has made the representation in court. The court has determined liability, but the matter of damages remains to be assessed by a High Court Master at a future date.

In his ruling, Seepersad described the state of the sewerage system in TT as a “ticking sewer bomb” that could lead to environmental and sanitary crises if not urgently addressed.

Asked what steps WASA was taking to assess and repair ageing sewer mains, including those that are over 80 years old, the authority responded, “WASA remains committed to ensuring the integrity and reliability of our infrastructure, and we continue to work within the constraints of our resources and capacity to address the challenges posed by ageing systems and increasing demands.”

Asked if the authority planned to appeal the ruling or accept the court’s decision, the company said, “We are currently engaging with our insurers and legal representatives to carefully review the judgement and consider the appropriate next steps. At this time, we are unable to provide further details as the matter is still ongoing.

“We can assure the public that WASA is dedicated to resolving this issue in a manner that is fair and in the best interest of all parties involved.”

Meanwhile, Public Utilities Minister Marvin Gonzales said he was confident WASA would resolve a matter.

In a WhatsApp comment sent to Newsday on March 7, Gonzales said he was aware of the court’s decision.

“It is important to note that the legal process is not yet fully concluded. This is a matter where the insurer is on risk and has made the representation in court.

WASA, he continued, remains committed to ensuring the integrity and reliability of our infrastructure.

“We continue to work within the constraints of our resources and capacity to address the challenges posed by ageing systems and increasing demands.”

Gonzales said, “We are currently engaging with our insurers and legal representatives to carefully review the judgement and consider the appropriate next steps. “

He added no further details could be provided at this time because the matter was still ongoing.

“I can assure the public that WASA is dedicated to resolving this issue in a manner that is fair and in the best interest of all parties involved.”