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Fine for increased consumption of water back into effect on SP decides TJ

01/15/2015

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

 



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Injunction suspended for a day the collection of the contingency fee.
Judge says ban penalty can cause harm to public health.
The government of São Paulo managed to get a stay of injunction prohibiting the charging of penalty to its customers Sabesp to increase water consumption. The appeal was filed on Wednesday (14) by the State Attorney General (PGE) in São Paulo before the Court of Justice (ECJ) and was analyzed by Judge José Renato Nalini on the same day.

The judge, who is also president of TJ, rejected the argument of Judge Simone Viegas de Moraes Leme, the 8th Court of the Treasury of. She had stated that federal law 11.445 / 207 requires the use of official rationing before applying contingency fee.

On Wednesday, Governor Geraldo Alckmin (PSDB) was asked about the decision of Judge Simone Leme. He admitted that the state already goes through rationing since the National Water Agency (ANA) ruled in March 2014 the decrease in water withdrawal from the Cantareira System. He dismissed use decree to declare rationing.

Fines for those who consume more water (Photo: Art / G1)
Back-and-forth of the fine
A week ago, Sabesp was authorized by the Regulatory Agency for Sanitation and São Paulo State Energy (Arsesp) to apply a fine of 40% to 100% for those who consume more water this year in comparison between February 2013 and January 2014.

But on Tuesday (13), Judge Simone Leme evaluated action filed by the Brazilian Association of Consumer Protection (Protest). She granted a provisional decision (injunction).

In the order, the judge said that "rationing is unofficial and does not reach the population of São Paulo equitable way should." It also demanded the supply company the elimination of losses and awareness campaign before imposing a fine.

Damage to public health
After resource PGE, Judge José Renato Nalini said that inhibit the implementation of the contingency fee could damage public health.

"No one can survive without water. The contingency fee would obtain approximate savings to 2,500 liters per second, volume capable of supplying more than 2 million consumers, "he said.

The chairman of TJ, the implementation of contingency rate observed Article 46 of Federal Law No. 11,445 / 2007, authorizing the adoption of tariff mechanisms to cover costs of emergency.

"At no time the law determines the legal adoption of a formal and prior decree rationing. Is present and lasts for months the situation far beyond the critical shortage of water resources, "said the judge.

Pressure reduction
In a preliminary decision on Tuesday, Judge Simone Viegas de Moraes Leme also charged that Sabesp inform the districts affected by "maneuvers or pressure reduction." As Alckmin, Sabesp also admitted for the first time, the entire metropolitan area is with pressure reduction in supply and published map of the affected areas.

SYSTEMS LEVEL
On Wednesday (14)

- Cantareira: 6.3%
- Alto Tietê: 11.1%
- Guarapiranga: 40%
- High Cotia: 30%
- Rio Grande: 69.8%
- Rio Claro: 26.5%
Shortage in Cantareira
The main container assembly of Greater São Paulo is the Cantareira System, which supplies 6.5 million people and has a capacity of 1.46 trillion liters.

The level on Wednesday was 6.3% and has water of the second dead volume, which has reserves of 105 billion liters. Both the useful volume (973 billion liters) as the first dead volume (182.5 billion liters) have been exhausted.

The Cantareira had 59.6 mm of rain since January 1, representing 22% of the historical average for the month, which is 271.1 mm. In December, when the summer began, the rain index was also below average. The expected 220.9 mm, 165.5 mm rain, or 74.9% of the average for the month.

Cantareira can dry until March
The reduction in the removal of water from the Cantareira dams began to be adopted in 2014. On 13 March last year, the flow captured from 33 to 27.9 cubic meters per second, by determining the ANA. When SPTV, President of Sabesp, Jerson Kelman, said the current recession will be 13 cubic meters per second and the Cantareira can dry until March.

Both the state government and Sabesp argue that reducing the pressure is more efficient than the rotation of water. This morning the company announced that all its customers in neighborhoods in the capital city and in the cities of São Paulo receive water under pressure for some time of the day.

The company states that the reduction is "mainly during the night / early morning, during which most of the population sleeps and economic activities are virtually nonexistent." If the property has-cash-water to reduce pressure on the network is not perceived, says the company.

It rains, but why not go up?
Despite the time recorded in the capital and greater São Paulo since the end of last year, the level of dams did not rise because the isolated rains are insufficient to increase the volume of the reservoirs.

The rain that could help in the recovery consists of frontal systems (cold fronts) or moisture runners leaving the Amazon with regard to the Southeast.

But according to meteorologists the Emergency Management Center (CGE), linked to the Government of São Paulo, and the National Institute of Meteorology (Inmet), an atmospheric blocking prevents these systems from reaching the state of São Paulo and does not allow rain more widespread and longer duration.

"Besides located, it is poorly distributed rain and only reaches urban centers, not the region of most reservoirs. And yet, the rain isolated in a reservoir which is part of a system does not add much. Ideally rain throughout the system, "said meteorologist CGE Adilson Nazario.



Source: G1

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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