Tuesday, November 14, 2023, 10:39 p.m.
The Administrative Litigation Chamber of the Superior Court of Justice (TSJ) upheld several appeals filed by the Molina de Segura City Council against two resolutions of the Segura Hydrographic Confederation (CHS) that were initiated for allegedly having carried out a prohibited polluting activity by failing to comply the obligation to have adequate treatment of urban wastewater, as there is no common sanitation network for the residents of the urban center, specifically in the areas of El Rellano, El Romeral and Casa Ros, among others. The basin organization imposed a financial penalty of 3,000 euros in each of the five appealed files, so the City Council will not have to face these fines after the resources are estimated by the TSJ.
According to the sentences, the CHS argued that in these areas they use independent septic tanks per home, which constitutes an activity that is likely to contaminate the public hydraulic domain.
But the TSJ considers that the Administration does not provide proof of the accusation it makes. “Thus, the Confederation’s accusation regarding those wells or blind pits, hypothetically polluting, is made without any specificity to the house or complex that suffers from said situation or facility,” the judicial body clarifies in its resolutions. The TSJ points out that the procedure begins with a report that states the impossibility of carrying out tests on the public hydraulic domain, since there is no water treatment facility.
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