Second Attempt to Start Supreme Court Proceedings Concerning Incinerator Proposed by Rumen Gaitanski “The Wolf”
Today (16 September at 11 am) is the second hearing of the lawsuit, which could determine whether an incinerator with the capacity to burn the waste produced in all of Bulgaria would be built near the village of Varbovka in Pavlikeni Municipality. The two sides in the proceedings are Petrurgia, a company owned by Rumen Gaitanski “The Wolf”, and civic organizations together with the Regional Inspectorate of Environment and Waters (RIEW) – Veliko Tarnovo.
In 2022, the project generated civic protests in the municipalities of Pavlikeni and Sevlievo. The proposed facility, which would burn 1,160 tons of RDF fuel per day, could turn one of the most fertile agricultural areas of the Danube Plain into the waste incineration hub of Bulgaria.
As the Anti-Corruption Fund Foundation (ACF) revealed in its investigation The Wolf of Varbovka, for a long time, Petrurgia’s project enjoyed the support of local authorities despite public concerns about its potentially negative impact on the environment and human health. For example, in the winter of 2022, an Environmental Expert Council appointed by RIEW – Veliko Tarnovo issued an opinion in favour of the incinerator.
Following a large wave of civic protests and the appointment of a new director at RIEW – Veliko Tarnovo, a new session of the Environmental Expert Council was held. At that session, 19 out of 21 council members voted against the proposed incinerator.
On 28 April 2023, RIEW’s director issued a decision against the investment proposal, citing serious potential negative impacts on air, water and soil quality as well as human health.
Petrurgia challenged the decision of the regional inspectorate. On 12 July 2023, the Administrative Court – Sofia Region decided in favour of the investor.
“The ACF has already commented on the decision issued by Judge Emil Zhelev, who is a former judge in the now-defunct Specialized Criminal Court,” said Lora Georgieva, a member of ACF’s legal team. “The decision is formalistic and essentially not based on the law.”
Also curious is the fact that Petrurgia’s complaint landed in the regional court after a procedural trick which the company initiated in February 2023 when it relocated its headquarters from Sofia to the town of Elin Pelin.
“It is impossible to know definitively what motivated the company’s decision to change the location of its headquarters. However, without a doubt, it was because of this maneuver that the complaint was lodged not at the Administrative Court – Sofia City, but at the Administrative Court – Sofia Region which ended up being well-disposed to the company’s interests,” said Georgieva.
Boyko Stankushev, director of the ACF, expressed the organization’s hope that the Supreme Administrative Court will review the facts of the case as they relate to the tenets of national and European law.
“The stakes are high – the health of the citizens of Pavlikeni, Sevlievo and the whole region, in addition to the right of the Bulgarian public to a clean environment,” said Stankushev.
Rumen Gaitanski is a long-time player in the waste business. Companies related to him hold contracts to collect and transport the waste in many towns and cities in Bulgaria, as well as several districts in Sofia. At present, Mr. Gaitanski is under arrest and has been charged following an investigation into a BGN 148.5 mln. credit he had received from the Bulgarian Development Bank. Considered to be part of the circle around Ahmed Dogan, the honorary chairperson of the Movement for Rights and Freedoms, Mr. Gaitanski sent a statement to the media after his arrest, explaining the investigation into the loan with the “current political situation”.