Water pollution and its treatment: the role of concessionaries of water treatment services in the control of municipal waste

Abstract

The administrative competence over waste water treatment implies the power to control the indirect discharge in the municipal sewage network. Normally, this network is managed by private concessionaries. In practice, therefore, it is common that private companies collaborate in this control activity through the issue of waste authorizations or the effective control of the legality of waste, even they may develop directly these activities. This situation entails serious dangers regarding the validity of these actions because sometimes they imply administrative powers or prerogatives. First, this article pursues to determine the scope of the challenges in this field and, second, it explores the possibilities regarding the participation or collaboration of concessionaries in municipal activities which are the exercise of true administrative powers over the individuals/customers of the water treatment services.

Keywords:

water treatment services, water treatment, waste water, indirect discharge, administrative concession, remunicipalization, administrative powers or prerogatives, inspection and control, waste authorizations, administrative affidavit, administrative control, public-private collaboration