Madrid calls a protection zone around pollutants such stations
CHILE IS NOT THE OMBUDSMAN INSTITUTION
Ombudsman calls on Madrid a protection zone contaminants such stations around Valdemingómez
The Consistory claims it has fulfilled the law by establishing a perimeter of two kilometers condition and says he will make a olfactometry in the
The Consistory claims it has fulfilled the law by establishing a perimeter of two kilometers condition and says he will make a olfactometry in the Friday, April 8, 2011
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MADRID, 07 (EUROPA PRESS) The Ombudsman recommended the City Council of Madrid that will create a protection zone around large facilities will be designed or authorized by the local executive to avoid polluting conditions in residential areas that are in the environment, as currently happens with the smell experienced by residents and Rivas Vallecas account Valdemingómez Technology Park.
The annual report of the Ombudsman, presented this week at the Congress of Deputies, the institution recommended that the capital to incorporate a "protection zone" as Valdemingómez facilities "as an easement or to general property, which can not use land to build housing. "
Thus, the Ombudsman considered that capital should consider the extent of this zone on the basis of "specific activity and specific conditions" for each facility, and should indicate the affected areas on a map, translate your reservation as a zone of protection through "appropriate legal instrument and register in the Registry of Property. " "The recommendation seeks a more appropriate siting of these facilities or installations to avoid homes that are built around difficult or impossible to enjoy decent" in the report.
And, as he recalled the institution, "Makes no sense to officially declare habitable dwellings (by relevant municipal licenses and permits) in an area where, because of the impact of an installation, you can not exercise the right to adequate housing or a healthy environment."
"If a facility has been gradually surrounded by residential areas, this is more an effect of the government forecasts that individuals unless, of course, in cases of illegal subdivisions and buildings," says the Ombudsman the People.
And he insists that "citizens are not responsible for the immediate infrastructure will gradually see their homes surrounded by "as this phenomenon is the result of" poor planning "in this case both the plant itself Valdemingómez as urban developments that have" grown & # 39; around. In any case, the Ombudsman, the responsibility for this lies with the incumbent administration of the facility, which is to be "correct and compensate the damage caused during their lifetime," said infrastructure. FULFILLED THE LAW
However, the Consistory Madrid responded to these suggestions from the institution stating that "the relevance of the protection zone and its width was assessed for urban planning" and that it met "environmental requirements" established by the Community of Madrid. Thus, we established a two-kilometer area around the infrastructure, although not measured "at no time the concrete conditions of the plant or its scope" and not be "estimated future conditions, projecting far could get there (the smell) if it grew "Technology Park. "were adopted purely formal guarantees materially, in the light of complaints have failed to prevent odors," replies the report of the Ombudsman to these arguments.
Regarding the recommendation to the protection zone in infrastructure are designed and constructed in the future, the Consistory responded to the institution that is "at all times conform to the applicable environmental legislation" at all times.
"If a facility has been gradually surrounded by residential areas, this is more an effect of the government forecasts that individuals unless, of course, in cases of illegal subdivisions and buildings," says the Ombudsman the People.
And he insists that "citizens are not responsible for the immediate infrastructure will gradually see their homes surrounded by "as this phenomenon is the result of" poor planning "in this case both the plant itself Valdemingómez as urban developments that have" grown & # 39; around. In any case, the Ombudsman, the responsibility for this lies with the incumbent administration of the facility, which is to be "correct and compensate the damage caused during their lifetime," said infrastructure. FULFILLED THE LAW
However, the Consistory Madrid responded to these suggestions from the institution stating that "the relevance of the protection zone and its width was assessed for urban planning" and that it met "environmental requirements" established by the Community of Madrid. Thus, we established a two-kilometer area around the infrastructure, although not measured "at no time the concrete conditions of the plant or its scope" and not be "estimated future conditions, projecting far could get there (the smell) if it grew "Technology Park. "were adopted purely formal guarantees materially, in the light of complaints have failed to prevent odors," replies the report of the Ombudsman to these arguments.
Regarding the recommendation to the protection zone in infrastructure are designed and constructed in the future, the Consistory responded to the institution that is "at all times conform to the applicable environmental legislation" at all times.
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Thus the Ombudsman's report acknowledges that "a strategic environmental assessment and physically well-made projects can be useful in order to choose the best possible location of a facility and avoid polluting the surrounding area may be built and inhabit homes. "
Thus the Ombudsman's report acknowledges that "a strategic environmental assessment and physically well-made projects can be useful in order to choose the best possible location of a facility and avoid polluting the surrounding area may be built and inhabit homes. " however, clarifies that such documents "do not guarantee that it will establish zones of condition of the facilities which restrict land use."
Thus, he argues that the aim of its recommendation is "that those areas in which the smell (or any other environmental condition) can not be reasonably corrected not intended for residential uses with appropriate restrictions." Especially because the technological improvements that can be applied in this type of infrastructure "take years to get going", while the neighbors suffer the condition.
In this sense, the institution itself "pleased that the City Council of Madrid has decided to change the current flow between the waste sorting and treatment plants and plants to produce methane from organic matter of the park, so the organic fraction now compost plant is transported to Las Lomas plants to produce methane in which the processes are performed in enclosed areas with air removal and destruction of odors in biofilters.also hoped that the work of closing of the Hills has announced the delegate of the Environment of the capital, Ana Botella, also have positive consequences. In any case, the Ombudsman notes that, for now, these solutions "seem to have achieved the goal of zero or negligible odor" on the ground.
"Neither seems sufficient to take into account the emission sources of contamination in environmental assessments that apply if during the evaluative analysis that environmental assessment is not to assume that some plants produce conditions that, however much they are minimized, not allow the enjoyment of a home worth in their surroundings, "he continues.therefore insists that "need" the figure of the protection zone, the definition should be based on "assessments and decisions materials" and "supported by measurements, estimates and projections of real and concrete conditions." STUDY
Olfactometer Besides the recommendation to reserve areas with no houses around this type of facility, the Ombudsman also suggested that the Madrid City Council to conduct a study about Valdemingómez olfaction, a suggestion that the municipal government itself accepted and which undertook to report.
In this regard, the Ombudsman's report notes that this study will be conducted "in residential areas near the Technology Park within a radius of five kilometers, taking into account the season and wind direction." Before
www.consultajuridica.blogspot.com municipal claims that there are other sources of bad smells in the area in which a study should also be similar, the Ombudsman replied that it is the Consistory Madrid who "should be addressed to the competent authorities on other potential sources odor in order to propose to undertake and, where appropriate, coordination of such studies. " 
In this sense, are designated as potential objects of study both wastewater treatment plants that may be in the area, as points within the Southeast Regional Park or more Cañada Real Galiana where they are going "discharges illegal, illegal stockpiles and uncontrolled burning of different types of waste. " With this information, the Ombudsman could "assess the appropriateness of targeting the relevant authorities" to urge them to take action
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