The trial of trafficking PCB contaminated oils returned
The Chimirec group, suspected of illegally diluted waste oil simply polychlorinated biphenyls or PCBs, mixing with other oils, scored the first point in the opening of his trial before the Criminal Court of Paris, Monday, May 14 . Three plants in Grez-en-Bouère (Mayenne) Dugny (Seine-Saint-Denis) and Blamont (Meurthe-et-Moselle), the chairman of the holding, Jean Fixot and six executives are concerned. Advocates of industrial had warned they oppose a priority issue of constitutionality. This is what they did with success.
On the specific issue of the disposal of these hazardous wastes, lawyer Jean-Nicolas Clement argued that law lacked clarity on the definition of "dilution". It is made to the articles of the code is not successful environment, transcription and even "slave," he said, a European directive, and the legislature would merely stand behind simple laws on the issue of waste disposal. "The law has not established the essential characteristics of wrongful conduct, the lawyer insisted. The rule of the game is not known in advance. All this is violently unconstitutional. "
The court heard the argument and thus transmit the priority issue of constitutionality. If it continues its journey to the Constitutional Council and if it concludes that indeed the crime of disposal of hazardous waste is not well enough defined by law, the Chimirec trial - which will be held from anyway not before several months - would lose much of its substance.
The defense also wants to see in this case that "administrative irregularities" and "different interpretations" on the orders of operations. The civil parties whose ranks have swelled (ADEME Association valleys and prevention of pollution, protection of water Commission, National Center for independent information on waste, the Regional Council of Pays de la Loire, Ecology without borders France Nature Environment , Mayenne natural environment, Greenpeace) list, they, the other complaints: false, fake scans, fake certificates of destruction of hazardous waste facility operating filed without authorization.
Everyone wonders about the impact of this potential vagueness of the law on the other complaint against Chimirec, especially plant Aprochim its subsidiary, based in Grez-en-Bouère. After the seizure of several surrounding farms and slaughter of herds of cattle contaminated with PCBs, residents have asked the prosecutor Laval judicial investigation for "endangering the lives of others and pollution."