In Israel constructing a gas station requires strict compliance of safety, reliability and environmental regulations, as well as obtaining permits including a building permit and a business license. After receiving initial permission, the authorization process requires the involvement of other authorities including the Ministry of Labor and Social Affairs, the Ministry of Environmental Protection, the Israel Police, the Fire Department and others.
Therefore it is easy to understand that the long list of requirements an entrepreneur is required to meet is intended to ensure that the product of black gold does not harm the environment or endanger human life. It is not hard to imagine the disastrous consequences caused by the leakage of gas into the soil and further into the groundwater. In addition the extent of damage caused by a possible gas tank explosion is unimaginable.
In most areas the authorities monitor gas stations to check for environmental damage and take the necessary measures to ensure the regulations are enforced. However, as experience has taught us, the situation in Judea and Samaria is quite different. The Palestinian Authority does not enforce these regulations and in many cases is responsible for a long line of severe environmental hazards in areas under their control - including hazardous waste disposal, illegal quarrying, causing irreversible damage to nature, severe air pollution, and pumping groundwater in a hazardous and unsupervised manner.
In area C which is under Israeli rule, comprising approximately 60% of the total area of Judea and Samaria, the Civil Administration has avoided fulfilling its obligation to prevent environmental damage.
Over a decade ago the State Attorney Office issued a report warning against the illegal activities of gas stations in Judea and Samaria. The report stated that the Civil Administration must map out these gas stations and then either begin a process of authorizing the gas stations in retrospect, or alternately begin a process to demolish the stations. During this period almost nothing was done, and the pollution to the environment increased significantly.
As part of the efforts to prevent environmental hazards in Judea and Samaria, "Green Now" filed a petition against the lack of action by the Civil Administration. The petition was prepared by attorneys Hila Cohen, Tomer Israel, and Naftali Verzberger from the Legal Forum.
Once the petition was filed, Supreme Court Judge Dafna Erez-Barak ordered the State to file its response within 30 days. The current Head of the Civil Administration admitted that this issue was not handled during the nine years since the State Attorney issued a directive in this matter.
In their petition Green Now states that in any other area in Israel a gas station which functions illegally and without proper authorization from all the necessary authorities is required to pay a very heavy fine and in some cases is demolished. In Judea and Samaria there is no enforcement of the law and therefore the Legal Forum together with Green Now is acting to ensure the current situation does not continue.
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