• Courts The Prosecutor's Office investigates the Sant Adrià incinerator for contamination

Legal problems continue for the government of Ada Colau.

The Investigating Court number 5 of Badalona investigates a complaint from the Prosecutor's Office against the councilor of the Barcelona City Council and president of the public company Tersa, Eloi Badia, for a crime against the environment.

The Public Ministry considers that it was committed in the Sant Adrià de Besòs waste incinerator managed by the public company Tersa by emitting polluting gases that posed "a serious risk to the environment and people's health" in the area.

The prosecutor's complaint indicates that both Badía, as president of Tersa as well as Councilor for Climate Emergency and Ecological Transition of the Consistory, and the head of operation of the plant "would have been consciously carrying out and/or tolerating a series of practices contrary to the regulations applicable environment".

That is why he has asked the court to carry out numerous procedures to determine if this crime was committed.

Four years ago, the neighborhood coordinator Airenet denounced to the Public Prosecutor's Office the malfunction of the plant, with very "high" levels of polluting emissions that were already warned about in articles in scientific publications.

After an investigation, the prosecutor decided to file a complaint considering that the incineration temperature of the waste did not follow environmental legislation, as indicated by an inspection by the Generalitat in 2018.

In this sense, the company must submit annual reports on compliance with the emission limit values, in addition to reporting if they are not complied with, although the prosecutor indicates that they have not been able to find this documentation.

That is why the court is asked to urge the Generalitat to provide it.

"The result of the investigation carried out shows that those responsible for the Non-Tersa Energy Recovery Plant (PVE) would not be carrying out temperature control in accordance" with regulations, according to the prosecutor, but rather "use instead of a measurement, a calculation by means of an algorithm based on some formulas without stating that the General Directorate of Environmental Quality and Canvi Climàtic (hereinafter DGQA), as the competent Administration, has officially validated this method of calculating the temperature, which would mean that it is not guaranteeing that the temperature of the combustion gases in the process of burning the waste is greater than 850º for 2 seconds, as required by the aforementioned regulations".

That is why the Prosecutor's Office believes that this situation "would mean the emission into the atmosphere from the PVE of Tersa of polluting compounds with concentrations higher than those allowed and that would cause a serious risk to the health of people living in the surroundings of the incinerator, as well as for the environment".

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