The Brest judicial court (Finistère) has just declared Timac Agro responsible for the moral damage suffered by France Nature Environnement and Nature Environnement 17. These two associations took legal action in 2020 following repeated breaches of environmental regulations.
At issue: the Tonnay-Charente site where Timac Agro – owned by the Roullier group – has produced nitrogen and phosphate fertilizers dedicated to agriculture for decades.
Between 2010 and 2019, several “non-conformities” were established in Tonnay-Charente.
The site has now been shut down for almost a year, intended to become a logistics platform.
In 2017, a monitoring of runoff water noted nitrogen concentrations greater than 200 times the authorized standard.
On several occasions, Timac Agro has also exceeded the maximum values for atmospheric emissions of certain pollutants such as ammonia, hydrochloric acid and potassium permanganate.
“Successive formal notices have not put an end to these practices,” notes Nature Environnement 17, estimating that “the agro-industrial company has deliberately endangered the health of residents, its employees and the natural environment.”
New actions soon?
Tired of waiting for hypothetical sanctions, the two environmental associations brought the matter before a civil court.
At the end of a particularly detailed judgment, the Brest judges considered that “the extent of these breaches, their persistence over time, despite repeated inspections by the administration, and repeated requests in terms of bringing them up to standard , as well as the impact on the neighborhood makes it possible to characterize a significant harm to the associations.
The sum of 20,000 euros was granted to each of them “in compensation for the damage to the collective interests” that they defend.
“This is the first time that justice has recognized pollution from Timac Agro, and not just non-compliance.
This recognition could open the way to new actions, particularly on the part of local residents,” says Marie Bomare, lawyer with Nature Environnement 17. In Tonnay-Charente, this conviction for atmospheric and aquatic pollution comes in an extremely sensitive context.
Nearly 150 families living in a neighborhood adjoining Timac Agro and called “the city of gardens” are currently called upon by the State and the Regional Health Agency (ARS) to carry out blood and urine tests to detect the presence of heavy metals. (cadmium, mercury and lead).
Several corings carried out in the gardens of these residents revealed concentrations “above the expected values” and up to 10 times higher than the “national guideline values” for lead.
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Joined by “Le Parisien” - “Today in France”, the mayor of Tonnay-Charente says he “takes note” of this judgment.
“It is a shame that a group like this does not give itself the means to respect the regulations,” adds Éric Authiat, referring to “the major concerns of local residents”.
According to this elected official, the municipality is currently considering “taking legal action” and filing a “complaint against X” for these acts of pollution.
Timac Agro, for its part, does not wish to comment on this decision.
“Our client will take the time to analyze in detail the motivation for this judgment and reserves the right to appeal,” says the company through its counsel, Me Gwladys Beauchet.
Please note: a second judgment pronounced in parallel by the Brest judicial court concerned the Saint-Malo site (Ille-et-Vilaine) operated by Timac Agro.
The company Timac Agro was also found responsible for air pollution and will have to compensate the associations Bretagne Vivante, Eau et Rivières de Bretagne and France Nature Environnement to the tune of 25,000 euros each.