The Government reactivates as of today, August 7, the sanctioning regime that will allow municipalities that consume more water than that stipulated in the Special Drought Plan (January 2020) to be fined. For each phase of the drought there is a maximum amount 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 non-compliance has caused serious damage.
The penalty regime for municipalities that spend more water than allowed was included in a Government decree on urgent and 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. They argued that the targeting of the local world was not fair, taking into account their lack of means to correct the inefficiencies in their networks.
For this reason, a political pact that converted the decree into law in Parliament, in May, corrected this defect and established a legal moratorium, in such a way that it was agreed that this sanctioning regime would not enter into force until one month after the Generalitat approved the order of aid to municipalities to improve efficiency in their networks. And precisely this Monday is the date to be able to resume the sanctions.
The first fines will not be immediate, since they must be based on consumption in August. "And until September we will not have data to start the files," say sources from the Department of Climate Action. Municipalities are obliged to inform the ACA of their consumption each month (a self-declaration) and based on this information it is resolved if they have exceeded the set threshold (230 l/inhab/day for all municipal uses in exceptional situations and 200 liters in emergency ).
In any case, the sanctioning regime "will not be retroactive", sanctions will not be imposed on a municipality that has exceeded consumption before the entry into force of the regulation. In addition, "those who apply for these subsidies to improve the efficiency of their 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 moved by a collection effort", that "it does not want to take money from the municipalities", but stresses that an instrument is needed "to demand compliance with the drought plan".
Some small municipalities have expressed the limitations they have in order to have accurate information on their municipal consumption, since sometimes the domestic spending of the farmer is not segmented, a problem that affects small rural municipalities with little technical capacity and personnel.
The ACA has already defined the sanctioning procedure. Before opening the file to non-compliers, it will make prior requirements to remind them of it and request information on what actions are being carried out to resolve the situation. "And in case of inaction, the process would be activated to start the disciplinary file."
Meanwhile, the municipalities of the Alt Empordà that the Generalitat has pointed out for excessive consumption use special circumstances, such as tourist pressure and having residents who do not register, according to the mayor of Peralada, Miquel Brugat (Junts). Many foreigners reside in local housing estates without having registered, which increases the real population and water consumption.
The ACA has asked these municipalities to apply sanctions to those who exceed those 200 liters per day. Brugat and his counterparts argue that these are very small populations. "We do not have the means to carry out this type of control," he pointed out.
The Government's aid order for local entities is endowed with 50 million euros and should help municipalities undertake investments to improve collections and avoid flow losses with measures that include sectorizing networks, digitizing the service, implementing systems to regularize water pressure or remote reading and flow meters, as well as to recover or expand wells and improve treatments (reverse osmosis).
The Government is also giving subsidies to municipalities for the contracting of tanker trucks and emergency works (4 million euros) and is preparing a line of aid to improve supply in high (40 million that must be resolved at the end of the summer or early autumn)
