Justice ordered to shield the Arroyo del Gato to stop pollution

The Federal Justice of La Plata gave partial clearance to an environmental proposal to stop the process of contamination and dumping of waste on the stream of Arroyo El Gato, one of the five waterways that runs through the city in a west-east direction. The measure was issued by the Federal Civil, Commercial and Contentious Administrative Court 4 of La Plata, in charge of the judge Alberto Recondo, by impulse of the Chair of Environmental Law of the Faculty of Legal and Social Sciences of the National University of La Plata (UNLP).

In the sentence to which he agreed 0221.com.ar it is ordered “that within 60 calendar days (from the notification of the measure), the Municipality of La Plata and the Province of Buenos Aires, arbitrate the necessary measures to proceed with the reinstallation of the floating containment barrier and extraction of solid waste, which was located on Arroyo el Gato in the vicinity of Calle 7 and 514 “. What’s more, forces to “proceed to the installation of a second floating barrier to contain and extract solid waste on Arroyo el Gato, in the vicinity of the CEAMSE Ensenada Environmental Complex. This, in order to facilitate the removal of solid waste from the water course, to what should be guaranteed a system of collection of the same, in a daily and mechanized way “.

The main purpose of the lawsuit is “the prevention, cessation and recomposition of the environmental damage generated in the Ecological System, made up of the Río de la Plata, the Río Santiago and the Arroyo El Gato, as a result of sewage effluents from the ABSA plant, located in the town of Ringuelet, and the solid urban waste, discharged into the water basin as a result of actions and omissions of the Municipality of La Plata and the Province of Buenos Aires “.

Regarding the ruling, the Justice also ordered that “within 60 calendar days the Province of Buenos Aires and Aguas Bonaerenses SA establish and communicate” to the intervening court “the start date and execution period of the project for the treatment and final disposal of sewage fluids from the cities of La Plata, Berisso and Ensenada “.

What’s more a provisional plan to avoid the detrimental effects of the untreated sewage discharge in the system made up of the Arroyo el Gato, Río Santiago and Río de La Plata, must be presented to the court, during the period that will take the realization and implementation operation of the referred work “.

The provincial government will also have to work in coordination with the municipalities of La Plata, Berisso and Ensenada to carry out “the necessary measures to carry out a survey of the entire extension of Arroyo el Gato, the Santiago River and the Río de La Plata basin ( …) in order to identify all the points (specifying location) through which the discharge of solid or liquid pollutants occurs regularly (indicating their nature) into the water course, through anthropic activities legitimate or illegitimate “. The single report must be sent to the court within the specified period.

The record stated that the environmental damage that led to the complaint would be mainly produced by two different sources: polluting sewage effluents without adequate treatment, coming from the ABSA plant located in Ringuelet; and solid urban and household waste discharged into the water basin as a result of actions and omissions of the local Municipality and the Province.

In 2009, the Municipality created an intersectoral commission for the treatment of waste in the Arroyo El Gato, which resulted in an agreement with the CEAMSE, from which arose the installation of a floating barrier to retain solid waste that was transported by the course of the stream, and which was located at the intersection of streets 7 and 514, but that tool stopped working “and since then solid waste has accumulated in the affected area, thus configuring the responsibility of the Municipality by default ”, was mentioned in the current file.

In the case, it was argued that the installation of the barrier “should be the first step in a comprehensive plan to rebuild the System, since it will be responsible for collecting the most transcendent, highly polluting solid waste, which also obstructs the drainage of the basin. This being a concrete, economical and low-maintenance way to achieve the intended purpose “.

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