Mila Parot
Zubimendi.
Protecting
the environment is a serious matter but in the Basque territories
if you are a big, politically-connected polluter, you can
endanger public safety and health with impunity. Most cases
are handed by issuing fines, administrative orders, or warnings.
In residual Navarre, for instance, the first indictment of
a company for environmental crimes only happened last year.
Francisco
José Fernández de Aguirre and Miguel José Ugalde Barbería
of iron foundry Fagor Luzuriaga, on trial as I write, are
accused of hazardous waste violation for allegedly failing
to perform required hazardous waste determinations, disposal
of hazardous waste on highly contaminated land 200 meters
from the banks of the Cidacos River, and failing to comply
with disposal requirements. The hazardous wastes involved
in these alleged violations include nickel, lead, zinc, and
arsenic. The two defendants deny liability for the alleged
violations. Each faces up to 4-year jail term, 4 years inhabilitation,
and €5,000 in fines. Mondragón Corporación
Cooperativas (MCC) acquired Fagor Luzuriaga in 1997. High
officials of the Government of Navarre testified for the defence
that Fagor Luzuriaga, located in Tafalla, is in compliance
with environmental laws and regulations.
In
western Navarre, the three Basque territories known as Bascongadas
(aka Basque Country) has the most anemic enforcement records
in the Basque territories. While the regional government trumpeted
"record-breaking" fines against polluters in 2000, some enforcement
officials on the front line think they are losing the battle.
This is not hard to understand knowing that the government
itself is a major polluter as it maintains a lindane dumpsite
at the Bilbao airport, endangering the health of the nearby
residents and users of the airport.
According
to the European Environment Agency (EEA) Austria, Denmark
and Ireland as well as one region in Germany (North Rhine-Westphalia)
and two regions in Spain (the Basque Country and Catalonia)
produce 6.5 million tonnes hazardous waste per year. This
is approximately 1/5 of the total hazardous waste generation
in all European Environment Agency (EEA) member countries.
In addition, industries in residual Navarre produced 90,000
tonnes of hazardous waste in 2001, 60% more than in 1998.
Smaller
businesses that lack legal resources and clout are treated
differently than larger companies, particularly those with
political muscle.
This
is the case of Sierra de Urraun, a small company that owns
the land where Recupal, a waste hauler and chronic polluter
illegally dumped hazardous waste two years ago. The owner
of Recupal is nowhere to be found, according to the authorities,
and Sierra de Urraun is held responsible for cleaning up the
waste, as it owns the property. Obviously, Recupal did not
violate the inept Basel Liability Protocol, which fails to
attach liability to the "aftercare" of disposed hazardous
waste as well as to the very own generators of hazardous waste.
The
Basque grass roots environmental groups must engaged in a
struggle that cuts to the heart of the current system. The
outcome will determine the kind of nation our children inherit.
The Navarrese nation is threatened by the haphazard and lax
environmental laws, which create a system where major polluters
can operate with little fear of being caught or punished.
What's at stake is the health and safety of a large portion
of the Basque people, the fiscal soundness of local governments,
and the democratic process itself.
2003
January 31
