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Six protesters arrested in Puerto Rico over coal ash dumping by 70 trucks

By on July 12, 2017

SAN JUAN – Four demonstrators were arrested Tuesday evening in Puerto Rico as they tried to block the entry of some 70 dump trucks filled with coal ash produced by Applied Energy Systems (AES), said Áxel Valencia, the Police Department’s press director.

Two other demonstrators were arrested Wednesday morning for the same reason, Valencia added. The six arrested are alleged to have obstructed traffic, a misdemeanor offense under the Vehicles and Traffic Law, Act 22, for which they will cited later.

The police showed up to the Peñuelas Valley Landfill (PVL) area to guarantee the entrance of trucks carrying coal ash on Tuesday evening.

Image of the Peñuela Valley Landfill, where AES coal ash is deposited. (File)

The first four arrested were Jimmy Borrero, a former Peñuelas mayoral hopeful of the Puerto Rican Independence Party (PIP); Luis Martínez Acosta, a former PIP candidate to the Senate for the District of Ponce; Orlando Flores Alicea; and José Díaz Pérez, the latter two are members of the PIP Political Commission, which is equivalent to the Governing Board of the Popular Democratic Party (PDP) or the New Progressive Party’s (NPP) directorate.

Although Valencia said that other two people arrested preferred not to be named until they had contact with their respective lawyers, PIP leaders identified them as Guarionex Padilla and environmental activist Carlos García. Padilla is the PIP’s youth leader in Cabo Rojo.

Puerto Rico seeks to export coal ash, bans it from landfills

“The police presence will be maintained until further notice to guarantee demonstrators’ right to freedom of expression and guarantee the entry of the [AES] trucks…. We will continue this work while trucks are being mobilized,” Valencia told Caribbean Business. No date has been set to end the police presence in the area.

María de Lourdes Santiago, the PIP’s electoral commissioner, said some 70 AES trucks were allowed to enter with the backing of La Fortaleza, the Governor’s Office, as the recently signed Act 40, or the law to prohibit coal ash dumping, is limited to so-called fly ash, or pulverised fuel ash. The deposit of other coal combustion products such as bottom ash, boiler slags and flue gas desulfurization (FGD) material (synthetic gypsum) is permitted.

Despite criticisms and protests, government representatives and AES spokespeople have stated that the coal ash dumping is legal and complies with Act 40, because it is material called Agremax, and is not fly ash.

“AES will keep supplying manufactured aggregate to the Peñuelas landfills and will continue to support the manufacturing industry with the solidification of its liquid waste, especially in times as delicate as these,” said AES President Manuel Mata, who assures the company produces 17% of the energy consumed on the island at affordable prices.

La Fortaleza’s chief legal adviser, Alfonso Orona, said in writing that “the deposit of Agremax, which is a substance to solidify liquid waste from pharmaceutical companies, is classified by the federal Environmental Protection Agency as a non-hazardous solid waste.” Therefore, depositing it in landfills will be allowed.

“All federal and local agencies have concluded that this use of coal waste has no harmful effect on people’s health, so the well-being of the people is being assured by this public policy,” Health Secretary Rafael Rodríguez said.

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