WASTE. A judgment, in two readings. In the litigation between the SYDNE (syndicat intercommunal waste treatment in the North and the East), chaired by Gérald Jersey the Cirest, the administrative tribunal gave reason to the 1 in dismissing the petition filed by Jean-Paul Virapoullé to suspend the market signed with Inovest (Suez) for the sorting, treatment, storage, disposal and recovery of waste. A market of 243 million euros signed for a period of 15 years (our previous editions). “The court confirms that this market is in total compliance with the public procurement code. This contract will ensure the processing of 2 100 000 tons of waste”), welcomes the union.
The project should help to reduce of 70 % the mass of buried waste. For the SYDNE, the project “is in the interest of environmental preservation of our island” by the development of a “tri-optimized alternative.” And to say that his opponents were “associated” through “many months of negotiation.” Not the opinion of Jean-Paul Virapoullé determined to go “until the end.” He will appeal the verdict to the Council of State and now turns to the judgment on the merits for this time obtain the cancellation of the market. The elected official is talking about a “partial victory” and denounces a judgment “incomprehensible.”
“Like us, the judge considered that the fundamental right of elected officials to information has been violated”, lance-t-il, reaffirming that the commission has not had access to the market. The tribunal judge that due to “insufficient information, the members of the committee have authorized the signing of a contract without being able to understand all of the terms and conditions of implementation”, particularly regarding a clause of redemption of the solid fuels recovery (CSR) “, that might be from 2021 an additional cost of 14 %.” The latter fixed at € 40 per tonne of CSR called to be burned to produce energy – which will have to be sold within a radius of 15 km around the future of the factory of TMB (Tri Mechano-Biological) of Sainte-Suzanne “, whereas the initial study of Egis set a price of 10 euros,” said one of the side of the Cirest.
“If the fuel can not be sold on for 40 euros, this is the SYDNE and therefore the taxpayer will pay the difference”, translated Olivier River of the legal service of the EPCI. Not enough to cancel the market, the judges consider at the same time that the contract was awarded without advertising or competitive “meets the administrative and technical restrictions of benefits to be realized.” The mayor of Saint-André deplores the fact that “France is now ruled by democracy in nÂ°2 and by the multinational corporations in nÂ°1.” According to him, the project poses a risk on the finances of the inter-municipal associations and will require an increase in taxes, that refutes the SYDNE. In the meantime the judgment on the merits, the Cirest will file another appeal on the “legality” of the project based on two recent decisions of the administrative courts of Bordeaux and Lyon, which confirmed the prohibition to build new TMB. We’ll see about that.