As of today, August 7, the Government will reactivate the penalty regime that will allow fines for municipalities that consume more water than stipulated in the Special Drought Plan (2020). For each phase of the drought there is a maximum allocation of water for municipal uses. The fines for exceeding this threshold can range between 10,000 and 50,000 euros, but in extreme cases they would reach 150,000 euros if it is considered that the breach has led to serious damage.
The sanctioning regime for municipalities that spend more water than allowed was included in a Government decree of extraordinary measures to deal with the drought approved at the beginning of the year, but the sanctions were paralyzed after the opposition shown by the municipalities, especially the PSC The latter alleged that it was not fair to point to the local world, taking into account the lack of means to correct inefficiencies in the networks. Therefore, a political pact in Parliament (in May) corrected this defect and established a moratorium, so it was agreed that this sanctioning regime would not come into force until one month after the Generalitat approved the order of aid to municipalities to improve efficiency in the networks. And precisely this Monday is the date to be able to resume the sanctions.
The first fines will not be immediate, as they will have to be based on consumption in August. “And until September we will not have data to start the proceedings”, say sources from the Department of Climate Action. The municipalities are obliged to inform the ACA of their consumption each month (a self-declaration) and based on this information it is decided whether they have exceeded the set threshold (230 l/habitant/day for all municipal uses in exceptional situations and 200 liters in emergency).
In any case, the sanctioning regime “will not be retroactive”, no sanctions will be imposed on a municipality that has exceeded consumption before the entry into force of the rule. In addition, “those who opt for these subsidies to improve the efficiency of the networks will not be able to have immediate sanctions, since it is understood that they are in the process of improving them”.
The ACA points out that the Administration “is not driven by a desire to collect money”, that it “does not want to take money from the councils”, but emphasizes that an instrument is needed “to demand compliance with the drought plan”.
Some small municipalities have expressed the limitations they have in being able to have accurate information on municipal consumption, since sometimes the domestic expenditure of livestock farmers is not segmented, a problem that affects small rural municipalities with little technical and personnel capacity.
The ACA has already defined the sanctioning procedure. Before the file is opened on the non-compliers, it will make prior requests to remind them of this and will demand information on what actions are being taken to resolve the situation. “And in case of inaction, the process would be activated to start the sanctioning file”.
Meanwhile, the Alt Empordà municipalities that the Generalitat has pointed out for excessive consumption have special circumstances, such as tourist pressure and having residents who do not register, according to the mayor of Peralada, Miquel Brugat ( Together). Many foreigners live in housing estates in the town without being registered, which increases the actual population and water consumption.
The ACA has asked these councils to apply penalties to those who exceed these 200 liters per day. Brugat and his counterparts point out that these are very small populations. “We don’t have the means to do this kind of control”, he points out, reports Efe.
The Government aid order for local bodies is endowed with 50 million euros and must be used for the municipalities to undertake investments to improve catchments and avoid flow losses with measures that include sectorizing the networks, digitizing the service, implementing systems to regulate water pressure and remote reading and flow meters, as well as to recover or expand wells and improve treatments (reverse osmosis).
