The Court of Review of Foggia, at the hearing of 17 January 2011, accepted the request for review proposed following the seizure of the company, which took place on 27 December 2010.
The seizure had been ordered by the Judge for the Preliminary Investigations of Lucera, Dr. Ida Moretti, following the request of the PM dott. Elisa Sabusco, for the alleged violation of various environmental regulations.
Among other accusations, that of emitting nauseating odors, perceived in the surrounding area, and of managing the company in compliance with the authorizations obtained by the Province.
The most serious accusations were undoubtedly that of forfeiting a quantity of product to be treated of approximately 290,000 tons, against the 83,000 per year allowed by the authorization, and of discharging polluted rainwater into the Vulgano stream.
All the accusations were contested, also in point of fact, by the lawyers Michele Vaira and Giampaolo Sechi, who deposited a copious defensive memory.
In particular, it emerged that the 293,000 tons indicated by the Carabinieri do not correspond at all to reality, since they are mere 74,000 tons (compatible with authorizations).
The analyzes of the water discharged into the Vulgano stream carried out by ARPA on behalf of the Carabinieri themselves, upon careful reading of the rules, fall well within the limits of the law (the information provided by the carabinieri took as reference a wrong table, relating to the discharge on the land and not in a stream).
The smells emitted by the company, also thanks to the copious investments made (about 13 million euros) fall absolutely within the limits permitted by law for similar activities.
The Court fully accepted the request for a review, ordering the company to be released from prison.
Already in 2007 the company had been seized by the Preliminary Investigation Judge of Lucera for similar reasons and subsequently seized by the Foggia Review Court.
Even in that case, all the charges were deemed non-existent by the Court.
Mr. Chiloiro, the company’s legal representative, declares:
«I am delighted that our lawyers have denied point by point all the serious accusations unjustly made against our company, showing that the NOE Carabinieri have offered the Judge incorrect data and normative references. Now we will ask the damage to those responsible for the unjustified stoppage of the activity. It is serious to think that you can unjustly target a healthy company, which employs forty employees (beyond related industries), on the basis of completely unfounded accusations.
It emerges from the same documents of the accusation that the smells emitted, in compliance with the law, are simply the result of production, and are absolutely not polluting “.
GAZZETTA DEL MEZZOGIORNO 19 gennaio 2011
CORRIERE DELLA SERA
19 gennaio 2011
