The Provincial Court of Guadalajara has acquitted all the political charges that were prosecuted in the case of the fire at the toxic waste recycling plant in Chiloeches (Guadalajara), which occurred in August 2016 in the facilities of the town of Guadalajara, which caused a cloud of toxic smoke and the dumping of waste that was stored in an uncontrolled manner in the treatment plant, as reported on Tuesday by Europa Press.
The magistrates understand that there was no abandonment of obligations or functions of the seven positions and technicians of the Administration prosecuted for the crime of environmental prevarication.
On the other hand, it has condemned the five businessmen of the companies related to the management of said plant, Kuk Medioambiente SL and Grupo Layna Gestión de Residuos SL,
for a crime against natural resources and the environment, considering them as criminally responsible authors.
Specifically, Francisco Fernández is sentenced to four years and two months in prison (and a 6,000-euro fine);
the brothers Pablo, Sergio and Manuel Amador Layna to three years and 11 months (and a fine of 5,400 euros);
and Juan José Gutiérrez de Loma to three years and six months (and a fine of 2,886 euros).
These convicts have been acquitted of the crime of participation in a criminal group and the crime of hazardous waste management.
and Juan José Gutiérrez de Loma to three years and six months (and a fine of 2,886 euros).
These convicts have been acquitted of the crime of participation in a criminal group and the crime of hazardous waste management.
and Juan José Gutiérrez de Loma to three years and six months (and a fine of 2,886 euros).
These convicts have been acquitted of the crime of participation in a criminal group and the crime of hazardous waste management.
The Guadalajara court does not consider it proven that the fire occurred as a result of the industrial activity carried out in the facilities, nor due to the massive and uncontrolled accumulation of waste, although this circumstance favored the spread of the fire and made it difficult to extinguish it.
The magistrates point out that the fire was caused intentionally, but without stating the authorship.
However, it has considered as proven facts that the treatment plant had suspended since 2013 the mandatory Integrated Environmental Authorization, necessary for its operation, nor did it have an opening license.
The facilities had "significant deficiencies", with contamination of the soil, subsoil and groundwater.
The judgment indicates that, during the time that the condemned companies managed the site, “a progressive and uncontrolled accumulation of waste occurred consciously and voluntarily in the Chiloeches plant facilities, and liquid waste was dumped on the adjoining land, also producing the transfer of waste without any type of control and in an irregular manner to landfills”.
The plant was closed through a resolution of the mayor's office in June 2016.
Regarding the acquitted political officials (Miguel Chillarón, Carlos José Blázquez, Matilde Basarán, Sergio David González, Olga Villegas, José María Michelena, César Urrea, Jesús Moreno, José Antonio Morales, Alejandro Martín, Ramón Palma and Mario Sánchez and the company Salmedina) the magistrates consider that they did not breach their obligations when processing the applications for the granting of the Integrated Environmental Authorization for the operation of the Kuk Medioambiente facilities.
Nor are they aware that they ceased to carry out their function of control and monitoring of this authorization or that there was favorable treatment to benefit the companies now condemned.
Both companies have been sentenced to pay a fine of 36,000 euros each.
In the case of Kuk Medioambiente SL, it has also been prohibited from carrying out activities related to waste treatment and management for two years.
The sentence is not final and there is an appeal before the Superior Court of Justice of Castilla-La Mancha.
All defendants must jointly and severally compensate the Junta de Comunidades de Castilla-La Mancha with 5 million euros, the Tajo Hydrographic Confederation with 22,000 euros and the Altamira entity with one million euros.
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