Were the batteries that burned “hazardous waste”?

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Bolloré Logistics and Blue Solutions counterattack. This Friday, November 22, 2024, the two companies were at the administrative court of Rouen (Seine-Maritime), to contest a decree of the Dreal (Regional Directorate for the Environment, Planning and Housing), service under the authority of the prefect.

A formal notice which, as revealed 76actupointed out serious failings on the part of the two manufacturers, following the fire which ravaged a warehouse in Grand-Couronne on January 16, 2023. In this building, used lithium batteries were stored. This major disaster was particularly marked public opinionand major clean-up operations had to be put in place.

The owner's responsibility

In its decree, Dreal describes used batteries as “ hazardous waste », stored without authorization by Bolloré Logistics. She also reminds that the company does not participate in clean-up efforts post-fire, just like Blue Solutions. The order requires them to contribute to these operations.

These “accusations” do not pass muster for Bolloré Logistics (tenant of the burned warehouse) and Blue Solutions (owner of the batteries). The latter were this Friday at the Rouen administrative court to express their incomprehension, and by their own admission, their “anger”.

“What was written is not fair. You have been misled,” says Maître Rélu, the lawyer for Bolloré Logistics. Its main strategy to overturn the order consists of charging the owner of the warehouse destroyed in the fire, namely Highway Logistics France 8 (HFL8). “ You have been misled by this operator,” he insists, addressing the Dreal representative.

According to Bolloré Logistics' lawyer, it is up to HFL8 to take charge of groundwater cleanup efforts. “They have considerable financial resources,” he slips. The council believes that the various failures observed in the building are directly attributable to the owner. “Lithium pollution shows that the slab was not waterproof,” he cites as an example (among many others). “And that’s the exclusive responsibility by HLF8! »

Batteries, “hazardous waste”?

For almost three hours, the three lawyers from Bolloré Logistics and Blues Solutions focused on defending several points scattered in the approximately 150 pages of arguments transmitted to the court. In addition to the responsibility attributed to HLF8, the debate focused in particular on the very nature of these batteries. Are they waste? Dangerous what's more?

Me Pauline Leddet-Troadec, for Bolloré Logistics, affirms that the prefecture does not provide proof that it is waste. “It is a decision of the administration which is outside the legality. […] It is a misuse of power particularly serious. »

“It’s a error of law committed by the administration,” says Me David Deharbe, lawyer for Blue Solutions. “The further we go in this matter, the crazier it becomes. » For many minutes, the lawyer wanted to show that the stored batteries were not waste.

These were batteries that were the subject of studies. Which constituted customer returns. If they were sent to Grand-Couronne, it was because they had integrity.

These batteries could be subject to “remanufacturing”, which “Dreal did not understand”, he asserts. “They were working batteries! […] 97.5% of the batteries had a capacity of 3,000 cycles. And one cycle corresponds to 400 kilometers. » And to cite the insurance of Blue Solutions which compensated the industrialist to the tune of 15 million euros. “15 million euros for waste! », quips Me Deharbe, “And that’s the ceiling! »

“You are discreditingthe reputation of an industrialistwith an unfounded stroke of a pen,” launches the Blue Solutions council.

La Dreal persists and explains herself

On the Dreal side, its representative responded point by point to the lawyers of the two industrialists. He repeated the emergency that it was necessary to take this decree to continue to finance the decontamination efforts. “The decree of October 7 is intended to defend the environment. It is urgent to take decisions to clean up the pollution,” he recalled to encourage the summary judge, Clémence Galle, to enforce the order to industrialists.

Unlike the opposing party, he endeavored to show that Bolloré Logistics did indeed store waste. “These batteries required workthey were not ready for use. And it's still garbage at this point. » According to him, the said batteries had hardly moved from the warehouse before the fire. “Why do we store these batteries for four years? », he asks.

According to Dreal calculations, of the 12,000 batteries present in the premises,only 11% was reused in various forms. “That doesn’t make you think it’s not trash. […] They need operation to be reusable, in the meantime, they are waste. »

The summary judge, Clémence Galle, indicated that the closure of the investigation would be postponed until Wednesday, November 27. The time needed for the parties to submit new arguments concerning the nature of these famous batteries. The decision on the Dreal decree should come immediately.

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