On August 18, 2015, the Yuzhnaya Pravda newspaper dated 08.08.2015 and Visnyk Snigurivshyny dated 13.08.2015 published O. Khyzhnyak’s publications that NIBULON supposedly does not comply with sanitary and environmental standards when constructing a storehouse with auxiliary facilities to store pesticides and agricultural chemicals in Shyroke village (Snigurivka district, Mykolayiv region). We officially inform you that the given accusations are groundless and subjective.
Every agricultural company uses mineral fertilizers and agricultural chemicals in its activity, but not everyone risks executing documents on treatment (storage, use, etc.) of agricultural chemicals officially, as this sector has a lot of legislative obstacles. NIBULON is not afraid of obstacles, because the company stands for doing business transparently.
The storehouse design was developed in compliance with the state construction standards of Ukraine DBN V.2.2-7-98, meeting the standards and rules of sanitary and environmental legislation, while O. Khyzhnyak is lying to people, referring to outdated standards of 1978 that were developed for collective farms, state farms and chemicalization points that lost their validity.
NIBULON’s future storehouse is designed as an active storage which is capable of receiving 20 tons of pesticides and 500 tons of mineral fertilizers. The active storehouse will have functional departments to store mineral fertilizers, a storeroom to store liquid plant protection agents, a shower room with a changing room and a toilet as well as departments for personal protection equipment. It won’t be used to prepare solutions, receive mineral fertilizers in bulk and to pack fertilizers there. Mineral fertilizers and agricultural chemicals are stored in their original package. In order to organize safe conditions to store pesticides and mineral fertilizers, such storages must be in the territory of every farm.
The storehouse construction includes the arrangement of auxiliary facilities: a site under roof for treating seeds, separating and storing packages used; an indoor site for parking specialized machinery, systems of domestic and rainwater sewage with waterproof bioplateaue (an engineering hydrotechnical construction used for post-treatment of domestic, industrial water and rainfall run-off with the help of higher aquatic plants, plankton seaweeds being able to decompose, absorb and transform organic impurities into inorganic ones, ensuring afterpurification of water), plus access roads with hard surface.
According to the State Sanitary Rules “Transportation, Storage, and Application of Pesticides in National Economy” 8.8.1.2.001-98, the width of a sanitary protection area of the active storage and the site to treat seeds must be not less than 200 m from living quarters and surface water. O. Khyzhnyak, having not familiarized himself with the storehouse design documentation, spread data of these sanitary rules intended for basis storehouses. In addition, O. Khyzhnyak’s both articles contain false information on the width of sanitary protection areas for basis storehouses. Concerning this, the Main Department of the State Sanitary and Epidemiologic Service in Mykolayiv Region apologized to NIBULON for a technical mistake in the information provided on O. Khyzhnyak’s demand (letter dated 13.08.2015 No. 1520/0-2).
According to the reference from Chervonodolynsk village council dated 10.08.2015 No. 605, an actual distance from the place of activity to the nearest living quarter is 420 m, from the Lyubyne Reservoir – 310 m. Thus, the storehouse sanitary protection area meets the standards.
There are certain restrictions. The State Sanitary Rules “Transportation, Storage and Application of Pesticides in National Economy” 8.8.1.2.001-98 prohibits the construction and placement of storehouses to store pesticides as well as sites to treat seeds, etc. in the sanitary area of fishery reservoirs (not less than 2 km from reservoir banks).
According to the information provided by Mykolayiv Regional Department of Water Resources (letter dated 11.08.2015 No. 07/1458), the Lyubyno Reservoir, built according to the Ukrainian State Design, Exploration, Scientific and Research Institute (Ukrdiprovodgosp) project in 1968, is on balance of Snigurivka Administration of Irrigation Systems. This reservoir is intended for irrigation. At present it is used for fish farming and domestic needs. The project to establish water protection area of the Lyubyno Reservoir was not developed; the coastal protection belt is 50 m which is more than six times less than the actual distance from the place of activity performance (310 m).
The Article 1 of the Water Code defines key terms, in particular “a multiple-purpose reservoir is a reservoir that is used for two or more purposes (except recreational ones) according to the passport and “a fishery water facility is a water facility (its part) used for fishery purposes”.
In addition, according to the clauses of the Article 51 of the Water Code, the multiple-purpose reservoirs cannot be used under leased terms for fishery needs, cultural, health-improving, medical, recreational, sports and tourism purposes as well as for carrying out scientific and research works.
In order to check O. Khyzhnyak’s information on rating of the Lyubyno Reservoir as a fishery water facility, NIBULON addressed itself to the Department of Protection, Use and Reproduction of Water Bioresources and Regulation of Fishery in Mykolayiv Region, to the Department of Ecology and Natural Resources of Mykolayiv Regional State Administration. NIBULON has found out the following information: the Department of Ecology and Natural Resources of Mykolayiv Regional State Administration (letter dated 13.08.2015 No. 01-04/1617-05) informed thatthepermitto use the LyubynoReservoirfor fisheryneeds had notbeen issued. While the Department of Protection, Use and Reproduction of Water Bioresources and Regulation of Fishery in Mykolayiv region informed that the Lyubyno Reservoir is used by Sphinks Yug Ltd. company (director – O.M. Khyzhnyak) for production of aquaculture products (letter dated 14.08.2015 No. 01-13/949), but Sphinks-Yug Ltd. does not have any entitling documents to perform this activity.
Thus, O. Khyzhnyak’s family is using the reservoir for fishery needs; fishing activities are performed, but legal basis is absent. Thus, the fact that the Lyubyno Reservoir is a fishery reservoir is doubtful and must be inspected.
NIBULON guarantees that environmental protection measures specified in the project are performed, and the company complies with the environmental safety conditions during its activities planned.
The company strictly follows the public discussion procedure specified in the resolution of the Cabinet of Ministers of Ukraine dated 29.06.2011 No. 771 “Procedure on Community Participation in Discussing Issues that may Influence Environmental Condition”. The village council was involved in discussing this project: the Visnyk Snigurivshyny newspaper dated 09.07.2015 No. 53-54 (10900-901), dated 13.08.2015 No. 63-64 (10910-911) published declarations of intent and consequences of activity. People have an opportunity to familiarize themselves with the project; public hearings were announced.
NIBULON’s activity in Shyroke village is focused not only on ensuring of the production environmental safety but also on cooperation with the community. Since 2012, NIBULON has paid more than UAH 11.6 million taxes and dues in Snigurivka district. NIBULON has been signing social partnership agreements with Chervonodolynsk village council for several consecutive years. These agreements aim to implement state and regional programs of social and economic character, to preserve and enrich traditions of historical and cultural heritage, and to maintain the territorial community infrastructure. In 2015, NIBULON plans to allocate about UAH 100 thousand for these purposes. Since 2013, NIBULON has allocated more than UAH 465 for charitable assistance in Snigurivka district. These funds were directed to purchase windows, computer and musical equipment for schools and kindergartens, to purchase musical equipment and tennis tables for cultural club, to clear roads from snow in winter, to repair church and to produce bells, to install post-treatment water points and bus stops. The schools in Snigurivka district receive sports goods and New Year’s presents from NIBULON every year.
The conclusion is clear. NIBULON is a reliable and socially responsible company operating transparently and within legislative field. Does Mr Khyzhnyak conduct his business within legislative field? Probably, elections are coming and he does not have his own achievements.
Letter from the Main Department of the State Sanitary and Epidemiological Service in Mykolayiv Region
Letter from the Department of Ecology and Natural Resources of Mykolayiv Regional State Administration
Inquiry given by the executive committee of Chervonodolynsk village council (Snigurivka district, Mykolayiv region)
Letter from the Department of Protection, Use and Reproduction of Water Bioresources and Fishery Regulation in Mykolayiv region
Letter from Mykolayiv Regional Department of Water Resources