The application of the principle Polluting agent-Payer – case related to the inadequate ousting of effluent industrials This process that was judged in the state of Rio De Janeiro in 20 of September of 2010 on a resource emitted in 2007. Basically the Public prosecution service of Rio De Janeiro entered with a process of ambient damages against a cosmetic company. In the accusation the State Public prosecution service affirms that the company in question does not respect the norms relative techniques to ousting treatment of effluent industrials, ousting of domestic sewer and treatment of solid residues and also the relative norms the intervention and canalization of rivers. Being thus a series of taking of decisions was instituted applying mainly the beginning of Polluting agent-Payer. As result the process, the judge determined the fulfilment of 12 relative measures to the reduction of the impacts caused for the company.
Between them it is the activation of a Station of Treatment of Effluent Industrials, to bind the tubings of contaminated sewers to the treatment system, to enclausurar the manuscript area of hidrxido of ammonia (that he was one of the great problems of the company) preventing the dispersion of gases in the atmosphere, abstention of the launching of liquid residues and ground the open sky and measures of protection to the river that passes close to the installations. Finally, in my opinion, they had been the three last related measures more at the outset: (a) recovery of the area including the demolition of the constructions in the band of protection of the river; (b) indemnity for that they had been reached by the actual damage for the company until the area is recouped in adequate way and (c) the company will have to arcar with all the deriving expenses of this process. Particularly I found very the taking of decisions of the part interesting judge.