Hazardous waste management in Malta is being entrusted to companies that have no prior licensing or certification, Lovin Malta has learnt.

The Environment Ministry has defended this practice because government believes it should “allow potential economic operators to invest and obtain necessary certifications even following an award of a particular contract”.

The issue came to light recently when Wasteserv awarded a tender for asbestos management to M Stream Ltd, a company which did not possess vital documentation to get the job done.

Asbestos is a dangerous substance that causes cancers and other diseases, which in the past was used for construction.

When the tender was awarded, a complaint was filed by a competing bidder. Upon review, the Public Contracts Review Board concluded that the tender process should start from scratch.

The PCRB said: “…the Contracting Authority is in duty bound to ascertain and specify the exact requirements which bidders must possess for the proper execution of the tendered works. In this particular case, although the recommended bidder was compliant with what the Authority requested, the latter failed to include existing important issues…”

In fact, the tender requirements did not request specific insurance cover for asbestos handling or permits for the export and storage of asbestos.

When contacted for a reaction, the Environment Ministry downplayed the incident and claimed the tender required the bidders to “obtain/demonstrate possession” of the necessary environmental permits to get the job done.

But PCRB found that such permits take months to obtain, so they should have been a requirement of the tender.

Also, while a 2018 asbestos tender by Wasteserv demanded an asbestos export permit, an air monitoring key expert and proof of training of personnel certified to handle asbestos – the 2020 tender made no such requirements.

Asked to give a commitment to ensure the highest standards when it comes to the removal of hazardous waste, a spokesperson for Environment Minister Aaron Farrugia said:

“Contracting Authorities are encouraged by the Central Government, that while drafting the requirements to be published through open calls, allow as much as possible, for potential economic operators to invest and obtain necessary certifications even following an award of a particular contract. All this with the intention of maximising the market whilst ensuring good value for money and that all legal parameters are respected.”

Sources who spoke to Lovin Malta responded to this statement with incredulity.

“We are talking about a hazardous substance that is legally banned since they can cause illness and death, therefore Contracting Authorities should ensure that bidders have all the necessary permits to execute works and not be given the liberty to figure how to (and if they manage to) obtain the necessary licensing following award,” industry sources told Lovin Malta.

“WasteServ have systematically been removing requirements in tenders that were previously there. The asbestos tender is not the only case. In some cases it is happening even with non-hazardous waste,” they added.

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