The Cueva de los Guácharos national park, declared a ‘Biosphere Reserve’ by UNESCO, will have wastewater treatment plants to contain uncontrolled discharges into the Suaza River basin.
RICARDO AREIZA
The uncontrolled dumping of sewage in the Suaza River basin, in the biological corridor, one of the great ecological heritage of Huila, is controlled for now.
The orders issued by the Council of State and the Administrative Court of Huila served to confront the serious contamination that had been recorded in the Cueva de los Guácharos national park, declared a ‘Biosphere Reserve’ by UNESCO.
The multiple direct discharges of wastewater, without any treatment, threaten conservation efforts in the extraordinary ecosystem, the first declared national natural park and the first protected area in the country.
The discharges of sewage from the population centers located in the area of influence, the deficiency of sanitary batteries and the anthropic action due to the growth of population centers threaten the conservation and preservation efforts of this rich ecological heritage.
Serious pollution
In Acevedo, the second coffee-growing municipality in the country, the sewage system flows through six landfills, four that go directly to the Suaza River and two that go to the ‘Guache’ and ‘La Marajo’ streams, which in turn flow into the river. Suaza, according to the technical report provided by the administrator of the Cueva de los Guácharos National Natural Park.
Furthermore, the municipality does not have a wastewater treatment plant. The rural population located on the route between the park and the San Adolfo inspection does not have a wastewater treatment system.
The Suaza River basin presents fragmentation in its coverage as a consequence of the subsistence activities of the communities that live there.
In the town center of San Adolfo, the heart of coffee production, there is also no wastewater treatment plant. They all flow into the water sources, El Miedo stream and Riecito stream, they have three discharge points without any treatment.
San Marcos, another of the main population centers, does not have a sewage system; it is managed by septic tanks and the rest is discharged into the Suaza River. The same occurs in the rural population centers of Carmen and Pueblo Viejo.
In rural areas there are deficiencies in sanitary batteries.
Court order
The contamination of the basin by wastewater, increased by high coffee production, was not an environmental priority, which gave rise to a popular action for its protection, endorsed in 2016 by the Administrative Court and confirmed by the Council of State.
The judicial bodies recognized the national and regional importance of the rich ecosystem as a provider of environmental goods and services and as a development pole in ecotourism, scientific research, environmental education and sustainable development. However, they considered that, in this matter, there was a clear omission by the environmental authorities to stop pollution.
“No measures were established to prevent, address and mitigate risk situations that threatened the integrity of the water source, despite the fact that it had been determined as a cause of possible deterioration of the ecosystem,” said Judge Roberto Mario Chávarro, now deceased.
Since 1984, when human occupation was controlled, the park’s biodiversity entered a process of passive restoration, contemplated in the management plan, efforts that were put at risk by pollution phenomena.
Urgent measures
In principle, the Administrative Court declared the Ministry of Environment and Sustainable Development, the Regional Autonomous Corporation of Alto Magdalena (Cam), jointly responsible for the contamination of the Suaza River basin, for omission in the proper exercise of its constitutional and legal powers. to the Government of Huila and the municipality of Acevedo.
Likewise, he ordered definitive solutions to resolve the lack of a sewage system in the inspections of San Marcos, San Adolfo and Acevedo, which are part of the area of influence of the national park.
The popular action was reviewed by Judge Oswaldo Giraldo López on November 17, 2017 when the second instance was resolved. The judicial official reiterated that pollution occurs in areas surrounding the Natural Park, particularly in the inspection of San Adolfo, in the village of San Marcos and in the municipality of Acevedo itself, where domestic wastewater is discharged directly into the Suaza River. without prior treatment.
Despite the peremptory deadlines, the actions were not carried out, which caused another incident of contempt.
The controversy
The entities involved recognized the pollution problems. The Special Administrative Unit of National Natural Parks opposed it, arguing that in this case it does not have the competence to implement policies that link the municipalities and autonomous corporations outside the territorial scope of the Cueva de los Guácharos National Park.
Taking into account that the dumping of untreated wastewater into the Suaza River basin occurs in the rural area bordering the National Natural Park, the responsibility lies with the municipal authorities and therefore with the CAM as an environmental authority.
In his opinion, it is up to the mayor’s office and the Government of Huila who, within their framework of autonomy, must define the best measures to guarantee the recovery and conservation of the Suaza River basin.
The same position was supported by the Ministry of the Environment, alleging that it is not competent to respond for the alleged damage caused to the collective rights discussed.
Under these conditions, the Council of State modified the first instance ruling and excluded the Ministry of Environment and Sustainable Development and National Parks since they are not attributable to the contamination of the Suaza River basin.
Instead, it declared the Regional Autonomous Corporation of Alto Magdalena (CAM), the Government of Huila and the Mayor’s Office of Acevedo responsible for the contamination of the Suaza River basin, by omission in the proper exercise of their constitutional and legal powers.
Solutions
Despite the delays, popular action served to expedite solutions. The construction of the wastewater treatment plants (WWTP) in both the urban area of Acevedo and the town centers of San Adolfo and San Marcos have already been contracted. According to the official report, the works are being carried out under contract 118 of 2021, signed between Aguas del Huila and the Unión Temporal Bioservicios.
Additionally, the Mayor’s Office of Acevedo purchased the property for the construction of the WWTP in the town center of San Marcos, carried out in 2021, through contract 076 of 2021.
The CAM reported several sanctioning processes. In addition, it executed construction contract No.226 of 2023 to carry out at all costs the construction of eco-efficient domestic stoves for 34 beneficiaries in Acevedo and carried out 35 days of environmental education and educational awareness-raising activities in the area, according to the report presented by the deputy director of Environmental Management Deyci Martina Cabrera.
Follow-up
For now, the committed public entities passed the verification test.
“It is evident that the actions taken here have been diligent inasmuch as, in the monthly compliance reports, they attest to the efforts carried out for the implementation of the wastewater treatment systems of Acevedo, San Marcos and San Adolfo, the main object of the present constitutional action; said Judge Nelcy Vargas Tovar.
Secondly, he highlighted the work and campaigns that they have been carrying out together with educational institutions, community residents and tourists on efficient use and saving of water, protection and conservation of water sources and comprehensive management of solid waste.
“These efforts allow us to continue guaranteeing the rights sought, that is, the protection of areas of special ecological importance, the enjoyment of a healthy environment, public health, access to public services, among others,” he concluded.
Therefore, it endorsed the follow-up efforts and refrained from opening the contempt incident for non-compliance with the first and second instance sentences.
