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Wołomin. Two proceedings by the prosecutor’s office regarding waste, one concerning failure to fulfill obligations

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The prosecutor’s office is conducting two proceedings regarding the hazardous substances dump at Łukasiewicza Street in Wołomin. One of them concerns the possibility of failure to fulfill his duties by the staroste of Wołomin County, Adam Lubiak (PiS). Investigators are investigating why he did not withdraw the decision to allow waste to be stored and processed here.

Prosecutor Piotr Preneta from the Warsaw-Praga District Prosecutor’s Office informed that two proceedings are being conducted in connection with the discovery of a waste landfill in Wołomin.

16,000 tons of waste. The expert will examine the stored substances

The first one was initiated on June 2 in connection with Article 183, paragraph 1 of the Penal Code: “whoever, contrary to the regulations, stores, removes, processes, collects, neutralizes, transports waste or substances or recovers waste or substances in such conditions or in such a way that it may endanger human life or health or cause a reduction in the quality of water, air or the earth’s surface or damage to plants or animals, shall be punishable by imprisonment for a term of between one and 10 years.

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As Preneta added, the director of the Department of Waste Management, Emissions and Integrated Permits of the Masovian Voivodeship Marshal’s Office was interviewed. “The findings made so far indicate, among others, that approximately 16,000 tons of waste may be stored at ul. Łukasiewicza 11 in Wołomin,” the prosecutor said. He added that investigators are collecting documentation regarding the company’s consent to collect and store waste.

The prosecutor’s office also appointed a chemical expert to examine the substances stored in the Mausers. “We are waiting for the opinion. The waste storage site has been inspected,” the prosecutor described.

They check whether the staroste has fulfilled his duties

On August 7, proceedings were initiated under Article 231 of the Penal Code, which concerns abuse of powers by a public official. The first paragraph of the cited paragraph states that “a public official who, exceeding his powers or failing to fulfill his duties, acts to the detriment of the public or private interest, shall be subject to the penalty of imprisonment for up to 3 years.”

“The proceedings are being conducted regarding possible irregularities during the administrative proceedings regarding the withdrawal of the decision authorizing the company managing the property (…) to collect waste and the decision authorizing waste processing,” said a representative of the prosecutor’s office.

As “Gazeta Stołeczna” reported, a private company collected waste on the plot at Łukasiewicza on the basis of two decisions issued by the district office: for storage (December 2015) and waste processing (May 2018). Due to the violation of the conditions of both decisions, the starosta should withdraw them. But he didn’t. Prosecutor Preneta pointed out that “the collection and analysis of relevant documentation is ongoing in the case.”

On August 22, at the Wołomin County office, we asked why Adam Lubiak had not withdrawn both decisions. We have not received a response so far.

The cost of waste removal was estimated at PLN 200 million

The plot at Łukasiewicza Street in Wołomin contains from 16 to even 20 thousand liters of hazardous waste. Flammable substances and those that may form explosive compounds in contact with air are stored in plastic and metal packaging. Many of them are in terrible condition.

The cost of removing the landfill is estimated at PLN 200 million. The local government is unable to allocate such an amount and appealed to the central authorities to act in a “crisis management” mode.

Already in May this year, the mayor of Wołomin, Elżbieta Radwan, warned that the commune is affected by the “scourge” of illegal waste.

“The amount of waste exceeds my competences”

The giant landfill in Wołomin became famous due to the conference of Civic Coalition MP Jan Grabiec, which was disrupted by Deputy Minister of Climate and Environment Jacek Ozdoba. The government representative was accompanied by staroste Adam Lubiak.

In an interview with a TVN24 reporter The starosta assured that he had taken administrative steps to liquidate the landfill. – I have withdrawn the decision to process this waste. I sent the inspection two or two and a half years ago and wanted to reverse the decision to landfill. Unfortunately, I couldn’t do it because the amount of waste exceeds my competences – explained Lubiak.

Main photo source: TVN24

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