Recrudece the tug of war with Chile's mining by throwing their waste in Argentina
The dump rubble and rubbish on the Argentine side has a rather recent history began to form in 2007 under Chilean company and recently was discovered in early 2011, when the sanjuanina company Pachon (formerly managed by Xstrata and now acquired by Global giant Glencore) started complaining without obtaining responses Pelambres. Then in March 2014 filed a civil lawsuit against his Chilean colleague (mining subsidiary of Grupo Luksic controlled by two global giants, Antofagasta Minerals 60% and a Japanese consortium in the remaining 40%). None of it did improve the situation with Chilean waste dump in Argentina.
Quite the contrary, it got worse: the Chilean company considered that the claim from Argentina, where they were asked to remedy the situation taking the dump back to Chile and payment of a fee of rent for the use of field Pachon is "opportunistic" . In this case, Federal Judge Miguel Galvez Atienza issued an injunction to stop pulling is material and the care area. But Pelambres went unanswered on the withdrawal of the dump, and then in March of this year the company Argentina countered with a criminal lawsuit in which to adjudicate crimes of usurpation possible (art. 181 CP), usurpation of water because escombrara produces an alteration in the normal flow of water down, rather than to Argentina to Chile (art. 182 CP) violation of the law of hazardous waste (number 24051) and even smuggling (art. 863 of the Customs Code).
The presentation was made to the federal court by Leopoldo Gallo Rago and novelty is that few days ago the magistrate decided to move forward with the investigation, which includes the request for investigation made by the prosecutor Francisco Maldonado. Calls bring the senior management of the Chilean Company as suspects for the crimes alleged. They are the last three general managers:
Cross-Ignacio Zabala, appointed in 2006 as general manager of the firm, in charge at the time of construction of the dump in 2008, decoupled in January 2012 and now in another giant, Colbum.
Alberto Cerda Mery, Pelambres CEO since May 2012. An experienced and prestigious engineer who went through several major Chilean companies who led Pelambres at the start of the conflict with Pachon.
Robert Andrew Mayne-Nicholls, the current CEO Pelambres since June last year.
The three were identified in the criminal complaint of Glencore as suspects or coauthors because they took "direct participation in the events." The cause was in the hands of the prosecutor Maldonado, who on April 6 last considered appropriate that "they received a statement from Persons responsible ", while the judge considered Leopoldo Gallo Rago four days later that the investigations will take them there" for your chance "with the rest of the measures of inquiry requested in the criminal complaint of Pachon.
Just last March that presentation of a document to understand how the facts in accordance with the terms of the complainant occurred. Holds Glencore-Pachon your defendant Pelambres claimed to have thrown waste in Argentina partly because he mistook the area with Chilean territory, based on "official maps issued by that country" obviously noting that the place belongs to Chile. He adds that " after such authorizations granted by Chile there has been a change of border between the Republic of Chile and Argentina in this sector, so some part of it was finally leaving the territory "Argentina. This means that Pelambres threw up after your land mine in Chile were initially but then an amendment stated that place is Argentina (San Juan, owned by Pachon, for further details). Pelambres notes that there was a joint visit to the area in 2012 that "it placed a new border limit." That is, he ran the limit in favor of Argentina.
The criminal complaint Pachon challenge this explanation as "misleading" because it holds that never operated any border change in the area. On the contrary, he explained that the presence of officials from both countries in place in 2012 went to "densify milestones" ie milestones put as much corroborating the same trace, making closer demarcation between landmark and milestone.
The story of the history of the garbage dump of a Chilean mine in Argentina by Glencore-Pachon continues by stating that "Pelambres admitted the existence of SU dump in ownership" of the mining company Argentina and therefore made the first civil complaint (from business to business) requesting "basically restore things to their previous state at the expense of the defendant, the environmental remediation of the site and the payment of a rental value (rent) for the use of the site and water irregularly."
In that complaint, Pelambres insisted the alleged boundary change that began with the dump in Argentina in 2007 and left in 2011 "after noticing differences in the maps in relation to changes occurring in early 2008". "It is other words Pachón-, reasons submitting it took almost four years to realize that his actions Pelambres contradicted the factual reality on the location of the border limit ".
Tells Glencore "How Pelambres said he learned of the existence of irregularities on the border limit (...) in 2011 he learned of a series of legal actions initiated by opportunists who claimed the granting of mining concessions belongings MLP? (Minera Los Pelambres) with support in a new cartographic edition of IGM of Chile, on paper, apparently in 2008, which showed differences in the boundary line of the letter Cerro Gavino 1996 ". That limit, the argument of Pachon, was never raced. In fact, the dump is still in Argentine territory without Pelambres decide remedy the "error".
It is a giant dump 60 meter high "overburden" boarding about 1.5 kilometers in Argentine territory and occupying some 51 hectares. It is estimated that the amount of material that has been spilled is 26,294,942 cubic meters rock. And in the photos attached demand may even seen a boundary milestone border line in the middle of the dump. Also you can see how the partition of the dump divert water to drain toward the Chilean side.
Rock addition, hundreds of discarded tires of large vehicles that are used in these operations appear. The degradation of untreated materials since 2007 has also generated a "acid rock drainage" of polluting effect without control because they are not treated.
The dump in question is the Cerro Amarillo, one of four built by Pelambres to handle waste your mining giant located a few kilometers from the border with San Juan province of Choapa, Coquimbo Region. It is an enterprise that is the fifth largest global copper and its major developed a pipeline to transport the ore from the deposit in full cordillera to the own port in the town of LOS VILOS.
The lack of agreement between the two companies involved has generated two lawsuits: one civil and one criminal. The latter, more recently, as a result of having been successful and the first serious allegations of crimes that could lead to the request for investigation to the hierarchical flat, still no date.
But also advances a diplomatic and political means to explore the possibility of a solution that includes the transfer of waste from the Chilean mine home. A couple of weeks ago came the first contact that included officials from the National Mining, Foreign Ministry and the Chilean Embassy in Argentina itself. It was in Buenos Aires, but the tone of the negotiations did not go down and ordering Glencore to take the waste could not advance. Worse, after this meeting there was an exchange of letters in which Pelambres called to order from Argentina and that "it is not logical or reasonable."
The week concluded there was also another meeting, but with lower officials. It was in San Juan, nor showed positive results for a possible agreement. Meanwhile, in the next few days you will have more news coming from the federal courts, which seems to be the area where you think face to face parts.