Potanin dodges a fine

Norilsk Nickel does not agree with the methodology for calculating fuel spill damage.
08.07.2020
Kommersant
Origin source
Norilsk Nickel did not agree with the record fine of 147.7 billion rubles, which was issued to the company by Rosprirodnadzor for a fuel spill near Norilsk. The company drew attention to the use by Rosprirodnadzor of maximum damage coefficients, which, as a rule, are used for those who were not involved in the elimination of the accident. In this case, the MMC immediately started liquidation. At the same time, the company states that it is still ready to eliminate the consequences of the spill at its own expense.

Norilsk Nickel does not agree with the methodology for calculating environmental damage, which was used by Rosprirodnadzor when calculating the fine for an accident with a fuel spill at TPP-3 near Norilsk on May 29. The company said it had sent a letter to the service. The GMK believes that the calculations were based on principles that distorted the result. According to Rosprirodnadzor, the accident caused 147.7 billion rubles in damage, and Norilsk Nickel has already been asked to cover it voluntarily. The head of the Ministry of Natural Resources Dmitry Kobylkin called the amount of the fine corresponding to the damage caused to the ecology of the Arctic.

In the calculations, the company points out, a maximum coefficient of 5 was used, taking into account the duration of the negative impact of pollutants on the water body in the absence of measures to eliminate it. In the current law enforcement practice, such a coefficient is of a penalty nature and is applied when the perpetrator of the accident did nothing to eliminate it or did not apply any measures for a long time. Norilsk Nickel emphasizes that the company started to liquidate the accident immediately, so the use of the coefficient is unreasonable.

Norilsk Nickel also believes that the argument of Rosprirodnadzor about the need to apply the maximum coefficient to cases of pollution of water bodies with oil products due to their solubility is refuted by judicial practice, since diesel fuel is not a soluble pollutant.

In addition, Rosprirodnadzor, according to the MMC, incorrectly calculated the mass of oil products that entered the water bodies. The fact is that the amount of water-fuel mixture, contaminated soil and sorbent collected in the area of ​​CHP-3 is calculated before the end of the collection of oil products in this area.

In an official statement, the company confirmed its commitment to compensate for the damage it caused in full and restore the ecosystem in the area of ​​the accident. The latest measurements by Rosprirodnadzor show that the background values ​​of the maximum permissible concentration of pollutants in water bodies have been achieved.

Nornickel proposes to organize joint work with Rosprirodnadzor, other state organizations and independent experts to develop effective measures to restore the environment.

Such work can be organized within the framework of an interdepartmental commission created by the Ministry of Natural Resources or in a specially created working group.

The company has not yet answered Kommersant's question whether its position on the amount of the fine means that Norilsk Nickel will challenge it in court.

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