The holder of the Court of Instruction number 4 of Cartagena accepts “the immediate suspension of all agricultural work” in three plots of two Polígonos de Cartagena near Los Blancos mining dump, as well as “the marketing of products grown there and intended for human or animal consumption”, as long as the soils have not been decontaminated.
Judgment which, according to the decree notified today, “must be processed, checked and supervised by the Corresponding General Directorate of the Autonomous Community of the Region of Murciaafter the appropriate steps and declarations, if necessary”.
In addition, it is ordered that the results of the report be transmitted to the General Directorates for Plant Health and Environmental Quality, “for the withdrawal, if necessary, of the approval for Organic Cultures” and “to initiate, if necessary, the procedures for the declaration of the soils as contaminated”.
“With the precautionary measure requested, it is therefore a question of protecting potential consumers of the products grown on the affected plots, faced with a very high risk of suffering from serious illnesses, but also of avoiding criminal prosecution by the respondents, who During the investigation of this case, it did not adopt effective measures to prevent and adequately treat the mining waste that it owns and manages”, explains the investigating judge.
In the rationale for the resolution, the magistrate analyzes each of the hypotheses that must be met in accordance with the legal system to agree on the origin of the precautionary measure requested (in summary: protectable legal situation, appearance of good law and risk of causing damage, in addition to the requirements of legality , proportionality, exception and ancillary nature), taking into account the investigation procedures carried out. Basically, the report requested by the instructor from the Nature Protection Service of the Civil Guard (Seprona) to “verify the assignment, the impact of leachate and the dragging of mining waste on agricultural soils” near the Corta de los Targets and the diligence in taking samples from the crops existing on the affected lands. Report which concludes that in these soils there are “high concentrations of arsenic, cadmium and lead”.
On the other hand, Portman Golf should be required “as a matter of urgency” to take the necessary measures to prevent wind erosion and that rain or runoff water “penetrates the hazardous waste dumped and stored in La Corta de the Whites”. In addition, he orders the company to build a basin for the collection of leachate and polluting runoff and a waterproofed concrete ditch outside the landfill. Works which, according to the resolution, will be supervised by Seprona and the competent general management.
The measure adopted in the resolution, which is not final and against which it is possible to file a reform and appeal, “is adopted for the time that this procedure is in force, without prejudice to the fact that it may be left without effect or modified at any time during its validity.” treatment”.
The decree recognizes the health risk and not only prevents all agricultural work, it also prohibits the marketing of products grown on the plots and proposes to withdraw the organic farming approval that affects them. The resolution is part of a process initiated in 2017 by the Murcian lawyer Diego de Ramón and of which Ecologistas en Acción is part as an accusation. The organization’s lawyer, J.Dared Manuel Munozconsiders the ban logical but thinks that the measure should have been adopted much earlier and by the Ministry of the Environment.
The lawyer believes that the investigation phase will soon be completed. This will be the time to establish the type of crime and those responsible for this contamination in the Sierra Minera.