The Public Prosecutor has asked for the case against Nerja Town Hall to be shelved over raw sewage being dumped into the sea.

The case dealt with the sewage pipe that comes out below the Maro cliffs, pouring untreated sewage straight into the sea, leaving the rocks covered when there has been strong surf.

The case, which is being brought before Court Nº2 in Torrox, began in March 2019 after several official complaints were (denuncias) lodged by a local, Jorge Narváez, and the protectionist group, Ecologistas en Acción.

During these two years the Mayor, José Alberto Armijo (PP), as well as the previous socialist one, Rosa Arrabal (PSOE), and six current and ex-councillors, were cited as the accused. Even two heads of the water-utility company, Aguas de Narixa S.A., were included.

The Public Prosecutor recommended that the case be temporarily shelved even though the damage to the marine ecosystem, especially within the natural park, is beyond all doubt. He considers, however, that those responsible in the Town Hall, the Junta de Andalucia and the Central Government cannot be held legally responsible.

He does consider that the environmental management has been “chaotic” where handling sewage in Nerja is concerned. He does point out that the problems were well known to the three administrative bodies from the very beginning.

The Public Prosecutor considers it beyond dispute that the environment has been damaged, as nine tonnes of seabed domestic refuse have been dumped around the pipe outlets alone.

“We cannot find indications of criminal responsibility by the State,” says the P.P. as the ‘ownership’ of the material dumped corresponds to the Town Hall,” he says, adding, “nor can we ignore the co-responsibility of the regional and state administrations.

He admits the fact that the Town Hall has no administrative responsibility over the sewage-treatment plant, as that lies with the Junta and Central Government.

He considers that the State cannot be held responsible given the changing parties in power, economic circumstances (economic crisis) and even changes in the law.

As for the Junta, he points out that they issued at least three fines between 2006 and 2017 over the continuing problem.

Editorial comment: in other words, it’s everybody’s fault but nobody’s fault. Had it been private entities involved, there would have been no hesitation by a public prosecutor to assign blame and prosecute, many will consider.

(News: Nerja, Axarquia, Costa del Sol, Malaga, Andalucia)