Stoisits: Unnecessary Utility Payments

Unnecessary Utility Payments

Mr. N.N. has had his swimming pool for 18 years and has been paying utilities (water and Sewer) for the tap water he uses to fill his swimming pool. The bill is determined according to the amount of water taken. However when Mr. N.N. drains his pool, he is not allowed to discharge the wastewater through the sewer, since the water must be disposed though a catch basin. The reason is a so-called separate sewer system, where only polluted water is drained into the sanitary sewer.

Swimming pool wastewater is generally harmless and though it strains the pipes, it doesn’t need to be treated. Nevertheless, Mr. N.N. pays his utility fees for the tap water as if he would discharge it through the sanitary sewer for treatment.

Already 15 years ago, Mr. N.N. complained to the authorities together with the neighbors. Consequently, he was given the option to use water from the storage tank of the fire department and to fill the pool using the fire engines. But this was not a satisfying solution for Mr. N.N.

Complaints and claims were dismissed in accordance to the regional laws of Salzburg. Even decisions of the constitutional and administration Court confirm that the bill should be according to the amount of water taken. Only industrial and agricultural companies are entitled to discounts, but private persons are not.

The municipality concerned, more specifically the Salzburg regional government, was not present during the broadcast. In a letter however, the municipality stated again that the decision was correct and that there was no case of maladministration. Therefore it did not fall under the jurisdiction of the Austrian Ombudsman Board. “The Austrian Ombudsman Board is obligated to investigate complaints. Their argument has no hold and only proves that they have no other arguments“, said Ombudswoman Stoisits. “These decisions are based on a different context. They compare apples and oranges and want to shuffle off responsibility. There has already been an initiative to change the law, which eventually has not been carried out. But there should be a principle in the law, stating that citizens of Salzburg should not pay for something without receiving a service in return. Mr. N.N. has no choice but to discharge the water somewhere else – nevertheless he pays for the sanitary sewer.”

Up to now, a few municipalities solved the problem with the fire department or the mayor granted a discount. According to the law, exceptions and discounts are only allowed for businesses, farming or industries, for example gardeners or breweries. “We need a solution for private persons“, said Ombudswoman Stoisists and criticized the current legal framework.

“The Austrian Ombudsman Board has already made a legal proposal to the local government of Salzburg, but nothing has been done yet. Maladministration will always be maladministration, the Austrian Ombudsman Board will continue to demand amendments.”

Re-examination: Stolen Batch Mixer

In the South Tyrolean Puster Valley, right next to the Austrian-Italian boarder, four batch mixers worth around 800.000 Euros were stolen in June 2008. The owner immediately filed a charge. Nevertheless, the batch mixers drove through Austria, mainly on highways, and disappeared. By the end of the year, there was still no new information on the whereabouts of the batch mixers and an employee of the company concerned started his own investigations. Thanks to the records of the Go-Box for lorries subject to tolls, he could follow the exact itinerary of the vehicles. The police did not ask ASFINAG (the company responsible for tolling) for this data. According to them, data like this could not be forwarded by ASFINAG. A representative of ASFINAG denied this – in a case of danger in delay, this data could very well be handed over to the police when they ask for it.

Ombudswoman Stoisits: “Up to now, none of the batch mixers have turned up and the thieves cannot be found. The police could not clarify what would be done if a similar case occurred once again.” Because the police insists, that a new law is needed so as to obtain the data immediately from ASFINAG. “This is not true; the current legal framework allows the disclosure of data in a case of danger in delay. Therefore, there is no need for a new law“, said Ombudswoman Terezija Stoisits. “If nothing is done and the lorries do not reappear, the concerned party considers taking legal action so as to claim public liability from the Republic of Austria.”

Green electricity law and state aid for private photovoltaic systems

The organic farmer N.N. has planned to install photovoltaic panels for a long time, but the state aid was too uncertain. A new statewide green electricity law was missing, and at the same time the regions had already stopped their support.

Production was at a standstill, in the company producing the photovoltaics. The reason was a blockade in Brussels, since exceptions for industries appeared to be in violation of EU-laws on competition.

As long as this authorization was not given, there was no state aid in Austria – although other countries increased their funding. Austria only used 0.3 per mille from green electricity; however 10 percent would be possible. For that, a suitable aid would be needed for the relatively expensive production of photovoltaics and to create employment.

But the aid structure only would support old technologies, said the parties concerned. The present law prevents the installation of photovoltaics. For private persons, state aid would be necessary, too – by doubling the aid from 9 to 18 million euros, only a quarter of the applications could be provided.

Since September 2009, a new green electricity law exists. Nevertheless, in 2009 the Austrian Ombudsman Board was confronted with numerous complaints, especially concerning the management and the handling of the climate and energy funds as well as about the small budget.

Furthermore, the Ombudswoman criticized the present distribution of the money: “The industry sector is privileged; private persons are in a disadvantage. Even this year, there is not enough money for the amount of applications, even though the budget was doubled.”

The Austrian Federal Minister for Economy promised that the law will be clarified and more money will be spent on photovoltaics. This could already be done next year. Ombudswoman Stoisits: “Renewable energies are the future and producers of renewable energy must not be disadvantaged.“