The MIWA waste incinerator in Sint-Niklaas Belgium is be

sentenced on appeal

to close the waste incinerator

 

On November 20 2001, the management of the MIWA waste incinerator in Sint-Niklaas Belgium is be sentenced on appeal to close the waste incinerator at last towards December 31 2002.  This incinerator was operating since 1977 and has a licence until 2008. 

 

The judgement of the Belgium court of appeal is based on the precaution principle (that means not to wait for scientific consensus to take measures for specific dangers for the environment and for the public health) and on the basic principle of preventive acting (that means to take action to prevent environment damage rather than restore the damage afterwards).  The management refuge explicitly to install a denox-filter installation and so they do not apply the best available techniques (BAT).  The Belgium court of appeal says that this decision of the management forms a serious threat for a infringement of the environmental laws.  The sentenced on appeal to close the waste incinerator is a tool to maintain the environmental law and to prevent the environment damage,  with a view to the public interest, says the court of appeal.  It's the first time in Belgium that a licensed firm has to close by the court of appeal due environmental violation of the law.     

 

Unfortunate the judgement is only available in the Dutch language :

 

The "Workshop Environment and Health Sint-Niklaas" has also started in 1999 the procedure to prosecute the management.  This procedure is still pending.

 

Since 4 years the "Workshop Environment and Health Sint-Niklaas" is fighting the incinerator.  In spite of a own health report of 1998 of the impact of the waste incinerator, the politicians and the government refuge till now to close the incinerator while the management is not respecting the Belgium laws.  Since two years the green party in Belgium takes part of the government.  The green party has the minister of health and environment.  Nothing changed. 

 

Hereby the contact address of our lawyer :

 

Hans Van Dooren

Stationsstraat 50

B 9220 -- HAMME

Tel : 00-32-(0)52 47 99 49

E-mail : hans.vandooren@pi.be

BELGIUM

 

Belgian Platform Environment and Health

www.milieugezondheid.be