Documents and publications
Newsletter Nº 23
November 24, 2004

CONTENT:

1. THE GOVERNMENT OF THE CITY OF BUENOS AIRES ADMITS
   THAT THE CELLULLAR PHONE SYSTEM'S ANTENNAS ARE NOT
   LEGALLY AUTHORIZED
   
   
2. CEAMSE IS ASKED FOR INFORMATION AND ALSO THE
   ENVIRONMENTAL POLICY SECRETARIAT REGARDING THE
   SANITARY FILLING IN GONZÁLEZ CATÁN

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THE GOVERNMENT OF THE CITY OF BUENOS AIRES ADMITS
THAT THE CELLULLAR PHONE SYSTEM'S ANTENNAS ARE
NOT LEGALLY AUTHORIZED
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In the framework of an injunctive relief to remove six cellular phone antennas illegally installed in the area "Parque 3 de Febrero" (known as "Los Lagos de Palermo"), the Government of the City of Buenos Aires admitted that such structures do not count with the legal authorization and that is why they must be removed.

In August, the local associations of neighbours Belgrano "C" Manuel Belgrano and Belgrano "C" San Benito, with the sponsorship of the lawyers of the Citizen Control Program on Environment, asked the Justice the immediate removal of those antennas and asked for the Government of the City to exercise the police's power in the matter.
These antennas are situated in green spaces, without the proper authorization of the Local Government, and without the studies of environmental impact established by the Law Nº 123.

The Government of the City, when answering the injunctive relief, recognized that these antennas are not authorized and they would never be authorized because the area where they are situated is part of a UP district (Urbanization Park).

In virtue of this, Justice was asked for help, in the framework of the said cause, in order to fulfill with the proper dismantlement of the structures.
From the Administrative Litigation Contentious Jurisdiction of the City of Buenos Aires Nº 9 Secretariat Nº 17, the Judge in charge, Alfredo A. Kersman, is analyzing the citation of the companies of cellular phone systems owners of the antennas involved in the present injunctive relief.

On the other hand, it is important to mention that agreeing with this debate, the National Commission of Communications (Comisión Nacional de Comunicaciones - CNC), through Resolution 3690/2004 of 11/10/2004, disposed that the titulars of authorizations of radio stations, and the ones conferring licensees of broadcasting stations, must demonstrate that the radiations coming from the antennas of their stations do not affect the population living in the near areas, carrying out an assessment or a sworn declaration incorporated in the said resolution. That documentation will be part of the requirements to be presented before the competent authority for its proper authorization.

FURHTER INFORMATION:

    Resolution of the CNC Nº 3690/04
    http://www.farn.org.ar/bd/ecolegis/tc/4610.html

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CEAMSE IS ASKED FOR INFORMATION AND ALSO THE
ENVIRONMENTAL POLICY SECRETARIAT REGARDING THE
SANITARY FILLING IN GONZÁLEZ CATÁN
------------------------------------------------------------------------------------------

With the assistance of the lawyers from FARN's Citizen Control Program on Environment, neighbours from González Catán, Partido de La Matanza, asked the Environmental Policy Secretariat of the Province of Buenos Aires and CEAMSE information about the sanitary filling in González Catán.

There are accumulated wastes from many of the Municipios from the Western area of the Conurbano Bonaerense (among them we can mention Esteban Echeverría, Ezeiza, Hurlingham, Ituzaingó, La Matanza, Merlo, Morón, Presidente Perón and Almirante Brown). This is more or less 63,000 monthly tons of wastes, equivalent to 2,400 diary tons, quantity that has highly increased since the closure of the sanitary filling in Villa Domínico.

It is important to outline that the agreement that allows the functioning of the sanitary filling has expired, and the neighbours living in the proximities asked for information in many opportunities (and the authorities did not answer) regarding the pollution coming from ground waters, the emissions of gases and odors, and the possible effects on people's health due to the accumulation of wastes in the area.

That's why, and with the instruments given by the Law nº 25,831, the neighbours asked to be informed about: a) which will be the date for the definitive closure of the sanitary filling; b) which is the present state of the sanitary filling; c) which will be the measures during the phase of closure and post-closure of the Sanitary Filling González Catán, with the object to prevent and minimize the possible negative impacts on environment and people's life quality.

Likewise, a list with some questions was elaborated regarding the final destiny of these wastes when closured the sanitary filling of González Catán.