On 10 September 2009, the Municipality of Pratdip (Mayor Josep Montané i Vidal) and the EUCC Les Planes del Rei (President Christian Peuman) signed a convenio regulating the management of drinking water (billing/collection) and waste in Planas del Rey (Planes del Rei), in reference to the TSJC ruling of 25/01/2008.
1) Context and purpose
- Purpose: to regulate the billing and collection of drinking water by the municipality, as well as the collection and billing of waste.
- Legal context: partial implementation of the 25/01/2008 ruling confirming that the existence of an EUCC does not exempt the municipality from providing minimum services.
2) Signatory parties
- Municipality of Pratdip: Josep Montané i Vidal, Mayor-President.
- EUCC Les Planes del Rei: Christian Peuman, President.
3) Key clauses of the convenio
- Water management (collection): the municipality assumes responsibility for the collection of water bills without assuming ownership of the facilities (which remain under the EUCC) until the urbanisation is formally received.
- Waste: the municipality ensures collection and billing directly to property owners.
- Meter readings: the EUCC must provide the municipality with readings for 2008–2009 (deadline: 31/12/2009). From 2010 onwards, the municipality will carry out readings only if the meters are accessible from the public road; otherwise, the EUCC must continue to provide quarterly data (deadline: 15 days after the end of the quarter).
- Ordinary expenses (charged to property owners): electricity, chlorination, ACA levy, mandatory analyses.
- Extraordinary expenses: repairs, maintenance of the network/wells/equipment remain the responsibility of the EUCC.
- Possible subsidy: in case of a surplus (income – ordinary expenses), the municipality may subsidise EUCC maintenance within the limit of this surplus.
- Meter compliance: property owners are obliged to relocate their meter outside within 3 months; otherwise, a maximum tariff will be applied on estimated consumption (according to the municipal ordinance).
- Payment: by bank direct debit or cash through BASE (Diputació de Tarragona).
- Well energy: the municipality commits to intervening with FECSA-ENDESA to adjust the contracted power of the pumps.
4) Critical analysis
- Partial compliance: the municipality manages billing and collection but does not assume ownership/maintenance of infrastructures; this shifts structural costs to the EUCC despite the principle of minimum services.
- Hybrid responsibilities: municipal billing, private infrastructure; in case of breakdown or non-compliance, the chain of responsibility remains unclear.
- Political effect: the municipality shows that it “manages” the daily service without bearing the investment; the EUCC remains the financial “buffer”.
- Pressure on residents: obligation to relocate meters and penalties in case of non-compliance; financial and logistical burden for property owners.
- Strategic timing: this type of convenio allows deferring the formal reception of the urbanisation and thus the full assumption of municipal obligations.
5) Consequences for property owners
- Payment to the municipality for services (water/waste) without any guarantee that network maintenance will be assumed by it.
- Possible works to ensure meter accessibility (3 months).
- Tariff risk: application of the maximum rate in case of non-compliance.
Conclusion
The convenio of 10/09/2009 formalises a limited municipal management (billing/collection) while maintaining the EUCC as responsible for infrastructures and extraordinary expenses. This scheme maintains a legal and financial ambiguity, delays the formal reception of the urbanisation, and prolongs the hybrid situation for residents.
