Court of Appeals of Concepción declares bocamina ashes landfill municipal closure illegal

• The Concepción Court of Appeals upheld the application for protection submitted by Enel Generación abrogating the decree by the Mayor of Coronel ordering the closure of the ashes landfill.
• Additionally, the Court sentenced the Municipality to pay legal costs.

Coronel, July 26th, 2019.- The Concepción Court of Appeals decided to uphold the application for protection submitted by Enel Generación Chile S.A. against the decree by the Mayor of Coronel, Boris Chamorro, by means of which the closure of the ashes landfill of Coronel was ordered. Additionally the Court sentenced the Municipality of Coronel to pay the legal costs of this litigation.

“We value the conclusions expressed by the Court of Concepción in its sentence.  This decision allows us to carry out the labors of operation and maintenance of the ashes landfill and also, to continue along with the activities towards the closure of the ashes landfill, all abiding strictly in respect to the regulations in force”, affirmed Michele Siciliano, thermal generation manager for Enel Generación. He added “the sentence sets clarity upon a contingent issue, which during the last weeks has incorporated a factor of concern in respect to the normal performance of our labors, developed day after day by all of our employees, not only in our industrial facilities, but in the construction of links and mutual collaboration activities with the Coronel neighbors as well”.

This past April 26^th, 2019, the Mayor of Coronel ordered the closure of the ashes landfill for the Central Bocamina power plant, claiming alleged breaches to the General Law on Urbanism and Construction. The same day of the closure, Enel Generación filed an application for protection against the decree by the Mayor claiming its illegality. On April 30^th, the Court of Concepción, along with deeming this legal action constitutional, ordered the suspension of the closure effects while the appeal was being processed. Said suspension was resisted by the Mayor of Coronel, who only on May 7^th, 2019 accepted to render compliance in respect to the order by the Court of Concepción.