The judge "advised maintaining the closure effected by the OPDS" and stressed the solvency of administrative acts performed by the Provincial Agency, which also found on the premises more than 130 tons of ash accumulated waste incinerated, which had deposited in a secure landfill and it was done; with the aggravating circumstance, that in recent months (for the stockpiled volume is a longstanding form), apocryphal documents which contained the alleged transfer of the evidence was generated.

Also found that the union ProEconor recycling, linked to Pelco, and should focus exclusively on the recovery of materials and not hazardous waste treatment, it had in its highly toxic waste facilities from Pelco.

Before the closure, the company Pelco, attempt to obtain an injunction enabling it to continue to function, which was dismissed by Judge Luis Arias arguing that such a request could not be granted to "the seriousness of the charges contained in the minutes of closing" . Furthermore Arias said that "the actions realize the existence in the treatment plant Pelco, hazardous waste stored without proper treatment or identification, and presenting sometimes spills due to their improper disposal, a fact which shows a potential for pollution ".