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Eugenio Cabezas
Nerja
Tuesday, 12 November 2024, 12:07
Spain’s Ministry for Ecological Transition is trying to claim back 5.4 million euros from Nerja town hall on the eastern stretch of the Costa del Sol for the management of the town’s first sewage treatment plant, which has been in operation since October 2020. Since then, the socialist (PSOE) central government and the town hall, governed by the Partido Popular (PP) have been in a tug-of-war over who should pay.
The town hall has repeatedly rejected central government’s demands, which would reach 14.8 million over the next 25 years. Furthermore, in May the town hall took the matter to court to clarify whether or not there is this obligation, which they argue there is not, according to the mayor José Alberto Armijo.
After learning the amount of the so-called tariff for water use in 2025, published on Monday in the Official State Bulletin (BOE), Armijo considered it “an injustice of the Spanish government with Nerja and Maro”. He went on to say, “the government intends that the people of Nerja and Maro pay, to date, the amount of 5.4 million euros for something that no other citizen of the province of Malaga has had to pay regarding the co-financing of works declared of general interest, and the responsibility of the government of Spain.” He said that the town hall “will continue to fight against this injustice”.
The BOE published Monday 12 November stated that the draft tariff for water use which includes the amortisation of investment costs and operating and maintenance costs of the facilities of the Nerja wastewater treatment plant for 2025, “in accordance with article 309.3 of Royal Decree 849/1986 of 11 April, which approves the regulations of public water, this public information process is carried out in order that they can make the appropriate claims”.
Regarding the justification for the economic claim of the treatment plant to Nerja town hall the document points out that the approval of RDL 4/2023 on drought measures has introduced important changes in article 114 of the Royal Legislative Decree 1/2001, of 20 July, which approves the consolidated text of the water law: Point two of this article, which refers to those who benefit from other specific water works financed totally or partially by the state, has been modified,” the Ministry points out.
According to this new wording, “works that are not for the regulation of surface water or groundwater but belong to one of the categories listed in article 122.1 and 2 of this law are considered specific, in particular, works for desalination, supply, sanitation, purification and reuse will be considered specific. The obligation to pay arises when the elements of the tax (Water Use Tariff) are perfected, which in this case are set out in article 114 of the TRLA and 304 and following of the Public Hydraulic Domain Regulations,” the BOE states.
“The aforementioned article 304 of the RDPH establishes that the object of this tax is the use or availability of water made possible by specific hydraulic works, therefore, it is sufficient that the hydraulic works exist for the levy to accrue, as their existence allows the availability of water, as in the case of the Nerja treatment plant, which even has a tertiary treatment that would allow the reuse of treated water," the Ministry points out in its dossier.
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