MPF STOPS BELO MONTE~
31 August 2016 at 7:50 pm
Justice suspends license of Belo Monte operation for non-compliance with licensing conditions
Decision meets request of MPF. The plant’s viability condition, sanitation deployment in Altamira until today has not been completed
The Federal Court granted an injunction sought by the Federal Public Ministry (MPF) and commanded the Brazilian Environmental Institute (Ibama) to suspend the effects of the operation license of the Belo Monte plant for disobedience of the Norte Energia s.a licensing conditions. The company should have completed the deployment of 100% of the sanitation and water supply of Altamira still in July 2014, but have not finished the work.
The judge Maria Carolina Brave do Carmo, which occurred during the judicial process is “entrepreneur, with the support of Ibama, has interpreted its obligation to deploy sanitation project in the manner most favourable to him, releasing of pass this along to the local government in immediate operating conditions“. The company claims that the links of the sanitary sewage system with the residences of the city should be the responsibility of the municipality of Altamira.
However, for the federal court “If the deployment of 100% of the sanitary sewage system of the municipality of Altamira is the responsibility of the entrepreneur, and shall comply with the schedule established works, and if the household sewer connection extensions are an integral and essential to the sanitary sewage system designed to reach your goal, it is clear that compliance with the installation license 2.10 etching was borne by the entrepreneur and should have been effective until July from 2014, “according to the ruling.
The condition of basic sanitation, considered one of the most important of the Belo Monte dam, planned since the previous license of the enterprise, granted in 2010. By licensing deadlines, the plant should have delivered potable water supply systems and sanitation in day 25 of July 2014. Even knowing this, Ibama has released the operation of the power plant and the Xingu River bus at the end of last year. On operation license, issued in November 2015, Ibama gave deadline until September 2016 so that the sanitization Altamira was completed. It wasn’t.
To the Prosecutor of the Republic Avin Rezende Person, “so far, the North energy and the Government remained inert as the chaotic situation of sanitation in Altamira, adopt appropriate measures for the proper fulfilment of environmental conditioning”. The MPF‘s action shows that even in front of the Ibama Office in town runs open sewer.
The judicial decision records that the measures of preventing environmental damage should have been required by the Ibama before issuing operating license. “The fact is that the environmental authority, based on the precautionary principle, should not have accepted the concession of the operation license,” says the injunction. The license is now suspended until it is fully completed the implementation of sanitation, including cleaning and deactivation of the rudimentary trenches and water wells, with piped drinking water supply for the entire urban area of the city of Altamira.
The North energy has several deadlines to meet. In 20 days, must submit the plan of emergency supply of drinking water and the technical operational plan with timeline of the works of the sewage system, under penalty of fine of R$ 20000 per day of delay in presentation. Until the next day on September 30, the company has to actually install all systems of water supply and sanitation, contemplating all the households of urban area of Altamira. The company and the city will also have to pay fines if it doesn’t start, in 40 days, environmental education campaign with coverage in the entire city, funded by the North energy.
Full injunction http://www.mpf.mp.br/pa/sala-de-imprensa/documentos/2016/269-43-2016-4-01-3903-acp-saneamento-em-altamira.pdf
Case # 269–43.2016.4.01.01.3903
Federal prosecutors in Pará