The environmental protection court in Valdivia attributes Enel and its thermoelectric Bocamin air contamination to Lota and Coronel, although the verdict states that the damage may come from other sources. At Kolbun, meanwhile, the verdict says that the presented evidence does not allow them to prove their responsibility.
The ruling was approved by the ministers Michael Hanke Domes, Roberto Pastein Carrasco and Pablo Miranda Nigro, who found that former Enel (now Enel) had exceeded the standard for thermoelectric emissions by 340 hours in 2014, adding a factory in the area saturated with particulate matter , an ecological condition that remains to this day, taking responsibility for environmental damage.
After a three-year processing, the lawsuit filed by fishermen, algae and residents of Lota and Coronel was partially accepted, and in 2015 they condemned former Enesa and Kolbun for contamination in communes from the former coal zone.
In its decision, the Third Environmental Tribunal of Valdivia found that the responsibility of the Bokamin Thermal Power Plant was certified for air pollution, but Minister Michael Huntke noted that Ennel is not the only source of material that causes environmental damage.
"Endesa is responsible for air pollution in the municipality of Lota and Coronel because in 2014 over 340 hours it exceeded normal emissions of thermoelectric", convicted Minister Michael Huntke.
However, legal proceedings were rejected in the part that convicted central Santa Maria, but the judge explained that the court had reached that conclusion because of lack of evidence against the generator, Kolbun.
"Although there are ecological damage in the air in the communal tanks of Tulkhauano, Lotta and Coronel, the plaintiffs have not shown what Kolbun's illegal behavior in this case is. The belief is that he is responsible for some illegal behavior in connection with the environmental damage he has discovered."
In this regard, the lawyer of the neighbors of the thermoelectric Kolbun, Andres Duran, emphasized in the explanation of Minister Huntek and recalled the sentence attributed to the violation of Santa Maria by solving the ecological qualification that gave the green light in the center located in Coronel.
"I think what the Minister says is right, and act according to a recent court decision, where he punishes Kolbun with two serious offenses: one bypassing and another from other teams, except those authorized , and thus the 20 MW to the central. "
Although the Environmental Court accredited the damage in the air from the operation of Bokamin, he ruled out the contamination of water and soil, and ordered Enel (former Enesa) to reduce the emissions of particles by 30%, which should be completed within six months , reads the resolution.