Wangsa Maju MP Tan Yee Kew and the residents claimed that the action by workshop Yip Chee Seng & Sons Sdn Bhd, in disposing hazardous waste into Sungai Gong, had caused water disruptions in Klang Valley for four days from Sept 3, 2020.
The directors and employees of the workshop have been charged in the sessions court previously with committing mischief by causing hazardous waste to flow into the rivers.
Tan and the residents contended that the state and federal government agencies had failed to take swift action in preventing the cuts.
“The failure by the state and federal agencies denied us our fundamental right to enjoy clean water service,” they said in their 200-page lawsuit.
The state authorities named as defendants are the menteri besar, the Selayang municipal council (MPS), Selangor Water Management Authority (LUAS) and the irrigation and drainage department, while the defendants from the federal government are the National Water Services Commission (SPAN), the environmental quality council, the environment department (DoE) and the environment and water minister.
Air Selangor and a company, Pakar Scieno TW Sdn Bhd, were also named.
Tan and the residents pointed out that there were at least nine water cuts that took place from 2013 to 2020.
“The state and federal agencies did not take appropriate measures to prevent water cuts from happening again,” they said.
The 810 plaintiffs want a court declaration that Yip Chee Seng & Sons ought to be liable for negligence, and a declaration that the public authorities from state and federal governments have breached their statutory duties in maintaining the water quality.
They are also seeking damages for their sufferings during the four-day water supply disruptions.
Last year, Tan said her office was preparing a class action suit against the authorities over the frequent water cuts that affect the livelihoods of Klang Valley residents.
On Tuesday, 463 areas in five districts across the Klang Valley again experienced unscheduled water cuts after odour pollution was detected at the Jenderam Hilir raw water pump station. Water supply was restored to all 463 areas this morning.
Meanwhile, Air Selangor in its defence to the lawsuit, said the Sept 3, 2020 water cuts were caused by pollution committed by “third parties”.
“We executed our duty as required under the Water Services Industry Act, namely to stop the water treatment plant if we detected the TON (threshold odour number) reading beyond 1.
“We also mobilised our water tanks to provide clean water to those affected by the cuts,” it said, adding that Tan and the residents have no rights to claim for damages from Air Selangor.
MPS, in its response, said it had issued compounds under the by-laws against Yip Chee Seng & Sons for not having a valid business permit and sealed off their premises on Sept 3, 2020.
Besides the Sept 3 compound, MPS said, it also compounded the company in the past for breaching the by-laws on business operations.
MPS also affirmed that it should not be held liable in the lawsuit.
The High Court fixed Sept 17 for mention, pending the state and federal governments’ filing of their defence statements.