THE contractor working on the Paya Terubong pair road where a landslide killed several foreigners at Bukit Kukus failed to comply with an erosion and sedimentation control plan (ESCP), said Zairil Khir Johari.
The state public works, utilities and flood mitigation exco said this was discovered earlier this month before last Friday’s landslide.
“The sediment pond, check dams and other components were not in compliance with the approved ESCP.
“A part of the topsoil was not covered with grass or mulching. Open slopes were not covered with geotextile sheets. There were also no silt fences at the slope,” he told a press conference at his Komtar office today.
These irregularities were found by a special Op Lumpur task force that checks on erosion and sedimentation control in construction projects.
The task force was deployed to the construction site at Bukit Kukus on October 8 to check on mud flood concerns highlighted by Penang Island City councillor Dr Chee Heng Leng in a complaint submitted on October 4.
The complaint had originated from Penang Hill Watch, which was set up by Penang Forum. Concerns raised were on the conditions at the Bukit Kukus Highway project, specifically the exposed slopes leading to soil erosion that resulted in “heavy rainfall run-off causing flooding of mud-laden waters”.
Zairil said the contractor was issued a notice to take the necessary mitigation measures within 14 days or face a stop-work order.
He also said following the Op Lumpur findings, the city council was ordered to draft by-laws to allow for stiff compound measures against errant contractors.
Zairil also said that the areas the task force found to be non-compliant did not include the spot where the fatal landslide occurred.

Drainage and Irrigation Department (DID) district engineer Nortilawati Osman, who headed the task force, said the areas the team visited during the October 8 spot check were not close to the landslide area.
“The landslide area is on the left. We went to the right, and conducted checks on erosion and sedimentation. We could not see the construction site containers from where we were.
“We only conducted checks according to our jurisdictional scope. The contractor also did not tell us about a stream on the hill,” she said.
It was reported that the contractor had allegedly cut off a water source on the hill without diverting the water flow.
Penang Island City Council mayor Yew Tung Seang told reporters yesterday that he suspected this could be one of the main causes of the landslide.
Meanwhile, state DID senior assistant director Amphai Ee Bau said there are many tributaries on the hill that flows into Sg Relau.
“We don’t know how many exactly. Some may be waterways that dry up and only have water when it rains. Those might have been overlooked.
“But if there is a stream, you must divert the water from sensitive areas,” he said.
On the landslide, Zairil said that the cause must be uncovered and if there was proof of professional negligence, those responsible must be held accountable.
“The project consultant is to conduct self-checking. There is also an independent checker.
“The probe is ongoing to see if all parties involved had done their jobs. The one that failed to do its job will face action.” – October 23, 2018.
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