Law 25/2004, of December 14, of waste since the General Council in its session of 14 December 2004 has approved the following: law 25/2004, of December 14, of waste preamble during the last twenty years has been developed on a global scale a modern waste management. The Basel Convention on the control of cross-border movements of hazardous waste and their disposal, adopted on 22 May 1989, was the first global document that summarised the aim international in the area of waste treatment. The elements of a modern and integrated approach of waste is put in relief in chapters 20, 21 and 22 of Agenda 21, adopted in June 1992 by the United Nations Conference on environment and development.
The Government, aware of the need to address the problems of the environment of a global fashion and in accordance with the rest of European countries, has been adapting to the common lines of action derived from the international regime of waste management and the Community texts. In this sense, you can highlight the adherence to the Basel Convention, which entered into force on 1 November 1999 in Andorra; the national plan of waste of Andorra, approved by the Government in its session of 10 January 2001; and this law, which allows providing the Principality of Andorra of rules to ensure an ecologically rational waste management, secure, transparent, with long-term vision and the ability to adapt to the challenges of the future and of new technologies; In short, a sustainable waste management. The basic rule that until now regulated waste management in Andorra was the solid waste Act approved by the General Council on 31 July 1985. This regulation has been clearly obsolete. It is necessary to enlarge and modernize it by means of a new waste Law adapted to the challenges of the Andorran society of the 21st century, taking into account the needs of future generations, as article 31 of the Constitution.
The basic objective of this law is to enable the Government to carry out environmentally sound management of the waste in a way that guarantees the preservation of the health of the people and the protection of the environment, and provide the legal framework necessary for the realization of the objectives of the national plan of waste.
This law aims to incorporate a waste legislation fully compatible with that of the neighbouring countries and in this regard has been to understand the application to the processes of the incineration directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000, concerning the incineration of waste, and the references to the rules of the European Union in the field of waste and more specifically, in the Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994, relating to packaging and packaging waste, the Commission Decision 96/350/EC of 24 May 1996, by which they adapt the annexes II. And II. B of Directive 75/442/CEE of the Council, relating to waste, Directive 1999/31/EC of the Council, of 26 April 1999, relating to the dumping of waste, the Commission Decision 2000/532/EC of 3 May 2000, which establishes the European List of waste, the Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003, relative to the waste of electrical and electronic devices, in Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and to the Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004, by which modifies the Directive 94/62/EC on packaging and packaging waste.
The law follows the hierarchical criteria European common options for waste management, which is also approved in the national plan of waste: prevention, reuse, recycling, energy recovery and safe disposal.
The law contains the elements of the principle of internalisation of costs of environmental pollution by the agents of production, commonly called the "polluter pays". This general principle, inspired by economic theories, was enshrined in the Rio Declaration on environment and development, June 1992, and applied in a very wide in all areas of environmental protection.
Included in the scope of this law are solid waste but also waste liquids that, due to its characteristics is highly polluting, waste water cannot be taken. To waste with specific regulations, such as the rubble of the work, the actual legislation is applicable in the aspects not established by the specific regulations. The Government reserves the right to develop in the future technical standards relating to the management of specific waste and dangerous, following the criteria established by the Community regulations.
The law defines the respective roles of the different actors in charge of the management of waste, whether they are public authorities, whether they are private entities. It respects and develops the distribution of powers between the Government and the common, such as in article 4.10 of the qualified law of delimitation of competences of the common, of 4 November 1993, and establishes the obligation to provide the common collection service of the urban solid waste that facilitates subsequent use. The collection service covers on the one hand the collection of recyclable waste in separate containers and, on the other hand, the installation of communal storage depots that complement the system. Finally, the law, in order to go progressively enhancing the reuse and recycling of waste, provides for the possibility to establish in the future other programs and systems of selective collection, as well as a triage center, and establishes the obligation to carry out the studies required to establish a strategy aimed at reducing biodegradable waste to be removed in accordance with the guidelines established by the European Union.
The national plan of waste is the basic document that defines the fundamental principles of modern management of the waste in the Principality of Andorra and a strategic instrument that guides and guide the Government's waste policy.
It establishes the obligation to review, at least every five years the objectives of this plan and for this purpose it creates the Committee of coordination and development of the plan.
With the aim of ensuring greater transparency in the management of waste,
It recognises the right to access to environmental information, establish various mechanisms of information to the population, created the Commission of information and surveillance of heat treatment of waste and hazardous waste dumps and encourages the active participation of society in the coordination and development of the national plan of waste.
The law defines the responsibilities of the different actors involved in the production and management of waste, and also asserts the principle of shared responsibility. The latter principle means that all parties involved in the generation and management of waste must assume their share of responsibility for the problems created and work in concert for their solution.
Establishes the system to which they have to adapt the production, possession and management of waste, in such a way that it maintains the minimum level of administrative intervention, which is articulated simultaneously with the participation of the private sector. Declares the obligation to deliver the waste to the administration or to another authorised Manager, establish the necessary conditions for the status of waste management, fix the rules in order to be declared a public services efforts of certain waste and authorises the possible provision of certain public services under administrative concession.
In accordance with the hierarchical criteria established by law, it is expected that the Government, with the competition Commission of coordination and development of the national plan of waste, in accordance with the guidelines and the objectives of the Community regulations, insufficient and develop actions aimed at preventing the generation of waste and the promotion of selective collection, reuse and recycling.
On the other hand, the law devotes two sections specific to the management of landfills and the waste heat treatment centres. To ensure the respect of the general principle set forth in article 21 of this law, the operation of these facilities should be regulated in a precise way in order to get a high and uniform level of protection of people's health and the environment throughout the territory of Andorra.
At the same time, the Government will be able to develop via regulating the technical conditions for admission of waste and exploitation of dumps and waste heat treatment centres. However, the law will define the basic elements that should be envisaged from the outset and that they should govern the future regulations.
Finally, bearing in mind a modern approach to waste management, the law foresees that the public authorities, within the scope of its powers, may establish incentive measures and economic instruments in order to achieve the objectives set and cover the costs of waste management policy.
Dictate rules for the inspection and monitoring regime of obligations set by law. For performances in which the incorrect management of waste results in damage to the environment, establishes the obligation for those in charge of repairing the damage. If necessary, the Administration is empowered to take charge of the repair so wholly owned subsidiary; the cost of this repair was in charge of the offender. With regard to the cases in which it is presumed or ascertains that there is a danger to the health of the people or there is a risk of serious and irreversible damage to the environment, establishing the faculty on the part of the Administration to adopt precautionary measures.
Chapter first. General provisions Article 1 Purpose 1. This law is intended to establish the legal framework for the production and the integrated management of waste, with the aim of protecting public health and preserving the environment, within the framework of sustainable development.
2. The Government, in accordance with the guidelines and criteria established by the rules of the European Union in the area of waste, develop regulatory for technical standards relating to specific and dangerous waste management in order to ensure a secure management for the health of the people and for the protection of the environment.
Article 2 scope of application of Act 1. This law is applicable to all solid and liquid waste, as defined in this law, that will produce, will possess or are handled in the territory of Andorra and which are not regulated by specific rules. With regard to waste with specific regulations, this law only applies to operate in those aspects not regulated by specific regulations.
2. Are excluded from the scope of this law: a) the emissions into the atmosphere, but the references in the article 41.
b) discharges of urban or industrial wastewater.
c) The waste from the exploitation of mineral resources and of quarries.
d) The waste from farms and livestock, but the toxic waste produced by these activities.
Article 3 Definitions for the purposes of this law, the following definitions apply: Waste: any substance or object which is linked to the holder, or that the holder has the intention or the obligation to divest, according to the national catalogue of waste, which will be published in accordance with the European waste List.
Waste: waste generated in private homes, shops, offices and services, and all those who are not qualified as dangerous and that by their nature or composition can be assimilated to the previous.
Hazardous waste: hazardous waste are considered: a) are included in the annex I of the Basel Convention of 22 May 1989, in accordance with paragraph 1a) in article 1 of this agreement;
b) that have been classified as dangerous to the Community regulations;
c) are established by the Government through regulatory.
Specific waste: the waste, established by the Government through regulatory, which, although they may not have considered dangerous, require specific regimes established by management. In any case are considered specific waste meat residues, the sanitary waste, medicines, construction waste, sludge from wastewater treatment plants, the ashes and slag from thermal treatment of waste and bulky waste such as, among others, electrical appliances, furniture and mattresses.
Recyclable waste: the waste, established by the Government through regulatory, which for its total or partial recycling possibilities have been subject to specific systems
of management. In any case are considered recyclable waste paper and cardboard, glass, packaging, used vehicles and the tires.
Biodegradable waste: all waste that can break down for anaerobic or aerobic, such as food waste and gardens, the paper and cardboard.
Inert waste: are those waste do not experience any significant physical, chemical or biological transformation. Inert residues are not soluble or fuels, or react physically or chemically. They are not biodegradable, nor adversely affect the materials with which it may come into contact with regard to the possibility of harming human health or contaminate the environment.
By-products: waste that can be used directly as raw materials or as substitutes for commercial products and they are recoverable without the need to subject them to treatment operations.
Package: Any product made with any material of any nature to be used to contain, protect, handle, distribute and present goods, from raw materials to finished products and from the manufacturer to the user or consumer. Packaging also are considered all the articles or rejected materials used for this purpose.
Packages include the primary or secondary or tertiary and the collective sale, or transport, in accordance with the respective definitions of the Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994, relating to packaging and packaging waste, and also the articles and products defined as packaging according to the Directive 2004/12/EC of the European Parliament and of the Council , 11 February 2004, which modifies the Directive 94/62/EC on packaging and packaging waste.
Producer: Any natural or legal person who in his activity, excluding the derived from domestic consumption, produce waste or that run previous treatment operations, mixture or of any other type, which cause a change in the nature or composition of this waste.
Unique producer of waste: Any natural or legal person who, for his activity or as a result of its activity, it generates or possesses waste significantly quantitatively or qualitatively and is declared by the Government, at the proposal of the Commission for the coordination and development of the national plan of waste as a unique producer of waste.
Holder: The waste producer or the natural or legal person that has in its possession and which do not have the status of waste management.
Manager: the person or the public or private entity authorized to carry out waste management operations, whether it is producer of the waste referred to as if it is not.
Waste management: collection, transport, export, waste, storage, marketing, the Elimination of waste and the monitoring of these operations.
Treatment: thermal, chemical, biological or physical processes, including sorting, that change the characteristics of the waste to reduce its volume or danger, or that allow you to retrieve the raw materials or substances they put, facilitate its handling or increase its valuation.
Storage: temporary deposit of waste operation, prior to the operation of recovery or removal.
Prevention: a set of measures aimed at avoiding the generation of waste or to get the minimization or reduction of the amount of the character or harmful to health or the environment of any kind of waste.
Reuse: Any later use of a product for the same purpose for which it was used originally.
Selective: Any differentiated collection system that facilitates the use of the put materials containing the waste.
Recycling: the transformation of waste, in the framework of a process of production, for their initial purpose or for others, such as the organic recycling, but not for the recovery of energy. It is understood also by recycling the joint operations aimed at the recovery of waste by-products.
Waste: Any of the processes listed in the annex II. B of the Commission Decision 96/350/EC of 24 May 1996, by which they adapt the annexes II. And II. B of Directive 75/442/CEE of the Council, relating to waste, or Community regulations thereto.
Assessment Center: Center intended exclusively for the total or partial recovery of waste for later use.
Triage Centre: Centre for the storage, classification, selection and/or the conditioning of waste, whether or not they have been previously separated in the same place where they are produced, in order to facilitate the subsequent recovery.
Communal civic amenity site: reception and storage, conditioning, closed and properly stored during the hours of public service, where the individuals or assimilated (companies in their activities produce waste that can be assimilated by its nature and amount to a particular) can deposit, selectively, certain waste to allow their proper management to ensure its recovery.
Industrial Tip: reception and storage, conditioning, closed and properly stored during the hours of public service, where companies can deposit, selectively, certain waste to allow their proper management to ensure its recovery.
Transfer Center: Center that aims to condition and temporarily store the waste before being recovered or exported.
Waste-to-energy: operation use of the heating power of the waste by means of technologies that respect the environment.
Installation of heat treatment: Any technical unit or equipment, fixed or mobile, dedicated to the thermal treatment of wastes with or without recovery of the heat caused by the combustion, including the incineration by oxidation of waste as well as pyrolysis, gasification or other thermal treatment processes, for example the process of plasma, in so far as the substances resulting from the treatment incinerin below.
This definition includes the location and the full installation, including all lines of incineration and reception facilities, storage and pretreatment of waste in situ; the food systems of waste, fuel and air; the boiler; the treatment of combustion gases; the treatment facilities or on-site storage of
waste incineration and wastewater; the fireplace; as well as the devices and systems for controlling incineration operations, registration and monitoring of the conditions of incineration.
Elimination: Any of the processes listed in the annex II. In the Commission Decision 96/350/EC of 24 May 1996, by which they adapt the annexes II. And II. B of Directive 75/442/CEE of the Council relating to waste or Community regulations thereto.
Landfill: installation of waste disposal by landfill in the surface or underground. Includes internal waste disposal sites by generators and permanent sites, that is to say for a period greater than one year, used for temporary storage of waste.
This definition, however, excludes: a) The installations in which will download the waste in order to condition them for subsequent transport to another location for recovery, treatment or disposal.
b) the storage of waste prior to its valuation or treatment, for a period of less than three years.
c) the storage of waste prior to disposal for a period less than one year.
Lixiviat: Any liquid waste issued by percola deposited, or in a landfill.
Principle "polluter pays": the principle of responsibility which means that, as long as you can identify the entity responsible for an action that negatively affects the environment, it has to pay the cost of restoring and/or compensate the damage caused, irrespective of the criminal or administrative sanctions that may be imposed.
Best available technique: it is meant by "best available technique" the most effective and advanced stage in the development of activities and their methods of operation that demonstrate the practical capacity of certain techniques to constitute, in principle, the basis for limit values designed to prevent and, if this is not possible, to reduce, in general, the emissions and their impact on the environment.
Article 4 hierarchy of waste management options in The hierarchical criteria of options for waste management are, in this order, the prevention, reuse, recycling, waste-to-energy and the elimination.
The implementing regulations of the law, the national plan of waste and waste management policy must respect this hierarchy favouring their progressive implementation.
Article 5 the principle of caution 1. When there are risks of serious or irreversible damage and injury to human health or to the environment, the absence of scientific certainties and techniques at a given time should not prevent those in charge take effective measures and provided with the aim of preventing harm to people's health and/or environmental degradation.
2. The daily management of the waste should be based, to all levels of decision making, on the principle of caution.
Article 6 the right to access to environmental information 1. The natural or legal persons, entities and also foreign people legally, have the right to request and obtain from the Administration, within the period of one month, the environmental information regulated in this law.
2. The Directors may only refuse to facilitate environmental documentation required by grounded decision. May be lodged against this decision-it resource for the administrative.
3. The public authorities should regularly publish and disseminate general information on the management of waste and must allow and facilitate the query to run the national plan of waste, of the administrative authorisations of commissioning and opening of the treatment, recovery or disposal of waste, as well as of the reports and of the environmental audits which refer articles 37 and 43.
4. The Government, in accordance with the guidelines and criteria set out in Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information, develops, through regulatory, the forms and modalities of access to environmental information, the reasons for denial of access to the information and the modalities for the dissemination of the same.
Article 7 information and Monitoring Committees 1. For heat treatment centres for waste and hazardous waste in landfills will create committees of information and surveillance, formed at least by representatives of the ministries of agriculture and environment and health and wellness, of the ordinary or common concerned and of the civil society, designated by the associations which, according to the who indicate their statutes , have to defend the environment or other fields related to the management of waste, and by representatives of the centre of heat treatment of waste or landfill.
2. The functions of the information and monitoring committees are the following: a) Receive regular information about the quantity and quality of the waste treated or doomed, and any impact on the normal functioning of the thermal treatment center of waste or landfill.
b) receive periodic information control and surveillance plans and propose the adoption of the corrective measures and vigilance considered necessary.
c) promote information to citizens in relation to the impact on public health and the environment of these facilities.
3. The functioning and the composition of the committees of information and surveillance will fix in your Decree of creation.
Article 8 the best technique available to the Government and the public or private managers have to favour the use of the best technology available in the market with regard to the construction and operation of waste management facilities of new creation and to the modifications or alterations of the same.
Second chapter. The role of the public authorities Article 9 Powers and obligations of the Government 1. Corresponds to the Government: a) the approval of the national plan of waste and its subsequent revisions or modifications.
b) the Declaration of the management of certain waste as a public service.
c) the authorization of the opening and the commissioning of the valuation centres and of elimination and control of its management.
d) the definition and the implementation of effective measures to promote prevention in the generation of waste and promote reuse and recycling.
e) the control of the correct application of this law.
f) The regulatory development of this law.
2. The Ministry responsible for the environment: a) the control and monitoring of cross-border movements of waste, as the competent authority in the framework of the Basel Convention.
b) The verification of compliance with the requirements in the centres of waste and waste removal prior to the granting of the authorization of commissioning.
c) the permissions of the private managers of waste and the functions of surveillance, control and correction associated with.
d) control and the monitoring of the correct functioning of the systems of protection of health and of the environment set out in the authorization of opening of landfill sites and permits for operation of waste thermal treatment centers.
e) the control of the conditions for acceptance of waste in any valuation Center, transfer or removal.
f) the evaluation of the environmental impact, of the quality and suitability of the construction, expansion, remodeling, moving and closing of all types of waste and waste disposal.
g) the preparation and periodic update of the national catalogue of waste, harmonized with the European List of waste established by Commission decision 2000/532/EC of 3 May 2000.
h) the determination of the waste which must be qualified as a dangerous, specific and recyclable.
and) carrying out information and awareness-raising campaigns to promote prevention in the generation of waste, reuse and recycling.
j) carry out information and awareness-raising campaigns to promote the selective collection.
Article 10 competencies and common obligations 1. Corresponds to the common: a) the collection and selective collection of waste and the definition of the conditions for the collection of this waste, in accordance with the objectives and deadlines set in the national plan of waste, and transporting it to the assessment centres, transfer or removal.
b) the creation, exploitation, management and closure of the communal storage depots.
c) the creation, exploitation, management and closure of communal landfills.
d) carrying out information and awareness-raising campaigns aimed at promoting the prevention in the generation of waste, reuse and recycling.
e) carrying out information and awareness campaigns aimed at encouraging the separate collection.
2. Are common, with the aim of offering the best service to residents, and to optimize the costs of management, can establish agreements between them and/or with the general administration to perform in a coordinated manner the information and awareness-raising campaigns and manage together the services mentioned in the previous section.
3. Likewise, the communes can establish with the private sector most appropriate formulas in order to effectively provide the service of collection, waste collection and transport, and to manage the communal storage depots.
4. The common, for the purposes provided for in this law, notified to the Government any project of creation, modification and closure of communal landfills, as well as of the storage depots.
5. the common need to develop the necessary rules for the proper functioning of the services mentioned in paragraph 1 of this article.
Article 11 the national plan of waste 1. The national plan of waste is a strategic instrument that allows the Government to plan, coordinate and rationalize the waste management policy in Andorra. The plan is a public document drawn up by the Ministry responsible for the environment and approved by the Government, which must be entirely at the disposal of citizens and should review, at least every five years. Approval and subsequent revisions are published in the official bulletin of the Principality of Andorra.
2. The national plan of waste includes, among others: a) A diagnosis of waste management in Andorra at the time of its writing.
b) the basic principles to be applied in the management of the waste in accordance with the hierarchy of options set out in this law.
c) encrypted objectives related to its management.
d) prioritizing the actions necessary.
3. The national plan of waste must be accompanied by a communication plan that identifies priorities in the implementation of information and awareness-raising campaigns and in the actions aimed at preventing the generation of waste and to encourage the separate collection on the part of producers and possessors.
4. The national plan of waste is achieved by carrying out action programmes that define the actions needed to achieve your goals.
Article 12 Commission of coordination and development of the national plan of waste 1. Create the Commission of coordination and development of the national plan for waste, presided over by the Minister responsible for the environment. The Commission is a consultative body that consists of: a) the Minister/head of the environment.
b)/the director/ora of the Department of the environment.
c) a technician appointed by the Ministry responsible for the environment.
designated by the Ministry of health) a technician responsible.
e) two consuls as representatives of all consuls.
f) a technical representative of each common.
g) two representatives of the civil society, designated by the associations which, according to the who indicate in its bylaws, are to the defense of the environment, or other fields related to the waste management h) a representative of producers and waste managers, appointed by the Chamber of Commerce, industry and services.
2. the Commission has to function and the development of action programmes, the monitoring of the national plan of waste and the participation in the revision, modification and adaptation of the objectives of the national plan of waste. For this purpose, the Commission may carry out and develop a quality plan that will allow them to ensure the good implementation of the national plan of waste and of the programs of action arising.
3. The Commission, in accordance with the needs of the monitoring of the national plan for waste, you can hold different types of meetings: ordinary Meetings in which participants) in all members of the Commission. The Commission meets in regular session at least twice a year.
b) Thematic Meetings and technical working groups in which the participation of members of the Commission delegates to this effect with the aim of solving technical problems. In these groups can attend external technical experts appointed by the members of the Commission.
c) extraordinary Meetings at any time if the circumstances so advise.
4. the members of the Commission are appointed for a period of four years.
5. the Commission shall adopt a regulation of inner workings.
6. the Commission may appoint a Committee of Experts consisting of people of independent bodies and recognized for its expertise in environmental matters to advise the Commission and formulate clear proposals for review and/or modification of national plan of waste in accordance with the criteria approved by the Commission itself.
Third chapter. Obligations of producers and holders of waste Article 13 responsible management of the waste producer, the importer, seller or any other person responsible for launching to the market or the distribution of products the use of which produces or generates waste is responsible for managing them correctly, in accordance with the provisions of this law and the regulations that develop.
Article 14 obligation to deliver waste producers and holders of waste should deliver them to the Commons, under the conditions determined by the communes, in order to be reused, recycled, recovered or disposed of. The common n acquired the property from the time of delivery and the owners are exempt of liability at that time, provided that you have applied the rules to delivery.
Article 15 obligation to deliver non-urban or urban waste assimilable to the producers and holders of waste which are not assimilable to urban or urban must deliver them to authorized managers, in accordance with the conditions laid down. In the event of damage caused by non-urban waste, provided that it is not able to establish clearly the responsibility of the producer/owner or manager's liability is joint and several liability between the two.
Article 16 obligation of unique producers of specific waste, recyclable or hazardous to deliver them to the selective collection in order to achieve the objectives established in the national plan of reuse and recycle of waste, special waste producers of glass, paper, cardboard, cans, tires and other recyclable waste, hazardous or specific, have the obligation to deposit the materials cited in the containers provided for this purpose , or to deliver them to the selective through other procedures established by the Government or the common concerned, without prejudice to the systems of reuse that may be established. To this end, the Government and made public, at the proposal of the Commission for the coordination and development of the national plan for waste and by means of the official bulletin of the Principality of Andorra, the list of natural persons and legal entities declared as unique producers of waste and/or the list of the activities that correspond to the unique producers of waste and the various processes of selective , which will be reviewed periodically.
Article 17 right conditions of storage of waste 1. The holder of the waste is obliged to keep them in appropriate conditions of cleanliness and safety. These conditions are defined by regulations, depending on the nature of the waste.
2. The maximum time that a waste you can save it to the same facilities is one year, except the express repeal of the Ministry responsible for the environment.
Article 18 Fitting of hazardous waste 1. The hazardous waste must be listed, packaged and labeled accurately, in accordance with national rules.
2. The Government establishes by regulation the collection, transport and temporary storage of hazardous waste, respecting, in any case, the regulations applicable in the European Union.
3. The owner or Manager has the obligation to report immediately to the Ministry responsible for the environment in the event of disappearance, loss or leakage of dangerous waste.
Article 19 prohibition of the uncontrolled dumping is forbidden to leave, pour or eliminate solid or liquid waste or in the territory of the Principality of Andorra does not expressly authorised in accordance with this law and the regulations that develop.
Article 20 agreements with public and private organizations for the fulfilment of the obligations contained in articles 13 to 16, you can establish agreements and collaboration agreements with private entities that must be approved by the competent authorities, and also agreements between the administrations.
The fourth chapter. The waste management Section first. General principles Article 21 protection of human health, the environment and the landscape 1. The management of waste should be carried out without endangering the health of the people nor use procedures and methods that could damage the environment and, in particular, without creating risks for the water, the air or the soil, nor for the flora and fauna and without threaten the landscapes and places of special natural or cultural interest.
2. Without prejudice to the powers that correspond to common in relation to the refuse bins and communal landfills, the Government determines the number of facilities of waste management with the aim of ensuring the health of the people and preserve the environment, according to the forecasts you can set up the national plan of waste.
Article 22 1 treatment facilities. Waste treatment facilities that the law does not define as communal competence are of the Government, when the same Government the create, or licensing scheme in private. The Government-owned facilities may be subject to concession. The authorization or the grant does not exempt the Administration to fulfill its functions of monitoring and surveillance.
2. The industrial and communal landfill sites not storage depots are owned and communal management. The Commons can agree on the most appropriate forms of management, in accordance with the legislation in force.
3. The operations of management of batteries, used oils (mineral and vegetable), tires, batteries, fluorescent tubes and other specific waste or hazardous according to the criteria of the Government constitute a public service and, consequently, are owned and public management. The management of this type of waste can be the object of administrative concession. The concession does not absolve the Administration to fulfill its functions of monitoring and surveillance.
4. Taking into account the need to tend towards a more sustainable management of waste, recyclable waste management operations, specific and dangerous, that thanks to its high economic cost cannot be assumed
spontaneously by the private sector, can be declared of ownership and public management.
5. The conditions of installation and operation of waste thermal treatment centers and recovery centres and/or removal, and also the conditions of admission and management of residues from all the centres of recovery and disposal, set out in this Act and by regulation.
6. In all cases, prior administrative authorization, the projects of construction and operation of centres for treatment, recovery or disposal of waste must be subject to the procedure of environmental impact assessment and public information for a period of sixty days from the date of publication in the official bulletin of the Principality of Andorra, in accordance with the provisions of this law. The administrative permissions of the projects will be published in the official bulletin of the Principality of Andorra.
Second section. Authorisations, obligations and prohibitions Article 23 prior to commissioning the facilities that made treatment operations, recovery or disposal of the waste need the authorisation of operation of the Government, subject to a favourable technical report binding of the Ministry responsible for the environment, regardless of the requirements in general in other laws and regulations.
Article 24 Approval of the private managers of waste 1. Only the authorized private managers can make waste management operations in the territory of Andorra.
2. private managers of waste require authorization from the Ministry responsible for the environment, in accordance with the procedures established by regulatory pathway.
3. the authorization to private managers of waste is a mandatory requirement for the Constitution of a deposit and liability insurance under the terms to be determined by regulation.
Article 25 Obligations of the private managers of waste Are obligations of the private managers of waste: a) having the authorization of private management of waste and all other required.
b) have the permission and/or operation of the facility, if applicable.
c) Bring a record of entries and exits of the waste, which specify, for each residue, the origin, its reference in the national catalogue of waste and the destination.
d) Sent every six months with a list of the registry entries and exits mentioned in the Ministry responsible for the environment.
e) to have the human, technical and material resources suitable for the proper management of waste.
f) notify the authorities concerned all the extension project, of change or closure of facilities with six months in advance in order not to damage and/or disrupt the quality of service assured.
g) abide by the rules of waste management established by this law and the regulations that develop.
Article 26-Prohibition of mixing waste Will prohibit mixtures of waste and any other operation that may hinder the proper management and control.
Article 27 import and export of waste 1. Control of the export of waste and their surveillance is the competence of the Government, through the Ministry responsible for the environment, and is governed by the international treaties in force that Andorra is part and, in particular, by the Basel Convention, on 22 May 1989.
2. The procedures of export of the waste must respect the specific modalities foreseen in complementary bilateral agreements and regional or you can sign up to the Government for the proper management of waste. These procedures have been developed for regulatory pathway.
3. it is forbidden the import of waste in Andorra unless justified by exceptional causes and by means of temporary express authorisation from the Government.
4. The waste originating from the European Union can only come from managers, authorized by the competent authority of the country of origin and import movement is done in accordance with Community law.
5. The Government published a list of authorized managers to export the waste out of the territory of the Principality of Andorra, in the form and conditions that must be determined.
The third section. Prevention, reuse and recycling Article 28 Actions aimed at preventing the generation of waste and to promote reuse and recycling 1. The Government, with the competition Commission of coordination and development of the national plan of waste, elaborates and carries out the actions aimed at the prevention of waste generation, the promotion of reuse and recycling and, consequently, to the reduction of the waste to be removed.
2. The actions referred to in the previous section must contemplate the following aspects: a) due to the hierarchy of waste management options provided for in article 4, to develop priority measures set out in articles 49, 50 and 51 which favour the prevention in the generation of waste.
b) to promote the selective collection of waste, with the implementation of new programs of separate collection of hazardous waste, and recyclables and/or a triage center of waste and a biflux collection system.
c) to carry out, within a maximum period of three years from the entry into force of the law, the studies required to establish a strategy aimed at reducing biodegradable waste to be removed in accordance with the guidelines laid down in the Directive 1999/31/EC of the Council, of 26 April 1999, relating to the dumping of waste.
d) Reduce to a minimum the removal of waste from electrical and electronic equipment in order to try to achieve the objectives for the recovery, reuse and recycling established by the Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003, relative to the waste of electrical and electronic equipment.
e) minimum to achieve the objectives for the recovery and recycling of packaging and packaging waste laid down in Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004, by which modifies the Directive 94/62/EC on packaging and packaging waste.
Article 29 selective urban waste Are common need to implement systems of selective collection of waste, which facilitate reuse, recycling and other forms of waste, according to the criteria and the objectives of the national plan of waste and its subsequent revisions.
Article 30 communal storage depots
1. The communes must create and set up the communal storage depots that are an important element of the strategy of selective waste collection.
2. The objectives of a communal garbage dumps are the following: a) to enable the separation of specific materials of waste generated in the parishes and facilitate proper management, because of the risk that these materials can lead to people and the environment.
b) to facilitate the contribution of bulky materials without the user having to wait for the specific day of the collection to the public.
c) collaborate in the selective collection of other materials that are part of the waste.
d) collaborate in the removal of dumping of materials management difficult for a private individual.
e) allow for the proper management of the materials collected, giving priority to the waste.
3. The common establish the conditions under which the producers or holders of waste can deliver them to the municipal garbage dumps, as well as the list of allowable waste. In any case the communal storage depots have to admit the following waste: bulky waste; solvents, paints, glues, varnishes, sprays, insecticides, dyes and other toxic products of common use; paper and cardboard; glass; packaging; tins; scrap metal and metals; used oils, minerals and vegetables;
Timbers; textiles; domestic appliances and electronic materials; expired drugs;
fluorescent tubes and mercury vapor lights; tires and automotive waste such as oils, batteries, refrigerants, antifreeze and brake fluids; batteries; toners for printers and photocopiers; and, in the case of individuals who have made small works, the construction debris.
Section four. Management of landfills Article 31 Categories of landfill sites and types of allowable waste 1. Landfills are classified according to the following categories: a) hazardous waste dumps.
b) non-hazardous waste dumps.
c) inert waste Landfills.
2. the landfill can only receive waste that have previously been treated in accordance with the provisions of the current regulations, with the exception of inert waste, for which no previous treatment is expected.
3. In landfills are not allowed in any case the following waste: a) residues.
b) waste which, in terms of dumping, are explosives, inflammable or corrosive.
c) sanitary waste.
used Tyres of whole or chopped).
e) batteries and batteries.
f) put Waste from separate collection.
4. The Government publishes the list of waste that can support each category of landfill and/or the criteria that must comply with the waste to be able to be in one of these lists, and also the procedure for admission of the waste. In any case, the managers of landfill sites have the obligation to create and maintain a detailed log of and reception of waste, indicating the date, origin, amount and type of waste. The landfill managers may refuse to admit the waste if they consider that do not meet the criteria of acceptance; in this case you must report immediately to the Ministry responsible for the environment.
Article 32 requirements for the site of a garbage dump 1. In order to determine the location of a landfill must take into consideration the following criteria: to) the distance between the limits of the landfill and the areas of housing, agricultural or urban areas and recreational areas.
b) the existence of groundwater, rivers and other bodies of water.
c) the geological characteristics and hydro in the area.
of) the risks of floods, landslides or collapses of avalanche, on the site of the landfill.
e) the protection of natural heritage or cultural.
The Government, without prejudice to the powers of Commons in accordance with the law of delimitation of competences and the general law of spatial planning and urban development, defined by regulation the requirements they have to comply with landfill sites in relation to the criteria set forth.
2. You can only authorize the dump if, views the characteristics of the site with respect to these requirements or corrective measures necessary, ensures that the landfill does not present any serious risk to the health of people and the environment.
Article 33 the prevention of nuisance and dangers of landfills 1. We have to take necessary measures in order to reduce the inconvenience and dangers coming from the garbage dump as: a) The harmful animals and insects.
b) emissions of odours and dust.
c) the matters brought by the wind.
of) the noise and movement of vehicles.
e) the formation of aerosols.
2. You must equip the landfill so that their waste is not dispersed in public and/or in the surrounding areas.
3. The dump should be designed in a way that will minimize their visual impact.
4. must have the waste in the landfill so that it guarantees the stability of the mass of waste and the associated structures and, in particular, that prevent landslides.
5. The landfill must be protected in order to prevent the free access. Access must be closed with suitable media outside of the opening hours. The system of control and access to every landfill must have a programme of measures that will allow them to avoid the illegal deposits.
Article 34 protecting people's health and the environment 1. All landfill must be located and designed so that it meets the necessary conditions in order to prevent pollution of the soil, groundwater or surface water and in order to ensure that the leachate is collected efficiently, in time and in the minimum conditions established by regulation.
2. The Manager of the landfill must take the appropriate measures in order to limit the accumulation and migration of landfill gas. The landfill gas must be picked up at all biodegradable waste dumps and have to deal with. The collection, treatment and use of landfill gas are made in a way that will reduce to a minimum the risks to human health and damage or degradation of the environment.
3. The Manager has the obligation to report immediately to the Ministry responsible for the environment to any anomaly or problem discovered carrying out maintenance operations and surveillance of the dump, and apply corrective measures that the Ministry responsible for the environment recommended.
Article 35 procedure of permission of opening of landfills 1. The creation of a landfill, it is communal particular, must be previously authorized by the common of the parish where the aim is to locate.
2. Once you have obtained the prior agreement of the ordinary territorially competent, the managers of landfill sites, in order to get the permission to open a dump, it must notify the Ministry is particular, communal responsibility for the environment the following information: a) the construction project.
b) the name and professional qualification of the person in charge of the daily management of the landfill.
c) the category of landfill.
of The maximum capacity of the tank) planned landfill.
e) the description of the types of waste that is expected to be placed on it.
f) the description of the location of the landfill, including the geological and hydrological information in the field.
g) proposed methods to prevent and reduce pollution, particularly the methods used to control the infiltration of water, the management of leachate and the release of gases.
h.) The proposed plan for the operation, maintenance and control of the landfill.
and) the plan scheduled for the closure of the landfill.
j) the study of environmental impact.
k) The bank guarantee.
3. Once the information communicated and the corresponding inspections, the Ministry responsible for the environment prepares a technical report on the conformity of the premises, indicating the Government the possibility to authorize or not the opening of the dump, or the modifications necessary for its future opening.
4. The opening and operation of a landfill is authorized only when the previous technical control confirms that does not present any serious risk for human health and for the environment and subject to deposit a bank guarantee that will allow them to ensure a sound management of the dump until its closure. The amount of the guarantee, their methods of payment and management and their return are determined by the regulations.
5. The authorization fixes: a) the category of the landfill.
b) the total amount of waste that can be placed.
c) minimum requirements that must be followed for the preparation of the landfill and deposit operations.
d) surveillance and control procedures that must be followed for the operation of the landfill.
e) the demands to close it.
6. The person in charge of the daily management of the landfill must be a competent technician professional in this area, and ensure appropriate training to the personnel of the landfill.
Article 36 Closure of landfills and responsibilities after the closing 1. Landfills have a duration of operation is limited. A year before reaching the peak of its storage capacity of the waste, the managers must notify the Ministry responsible for the environment and present a detailed plan for its closure. The managers report also to the common anticipation of the closure of the landfill, so that they can plan the common extension or the new location of its landfills.
2. The Government develop regulatory for the technical standards that are essential to close a landfill.
3. The Declaration of closure of a landfill does not put an end to the administrative responsibility of the Manager, which is subject to the provisions of the initial authorisation and of the contract.
4. After the closure, the Manager is responsible for the maintenance and surveillance of the dump during the time that the Government expected to regulatory pathway. This duration may not be less than 5 years for the landfills of inert and 10 years for the two remaining categories.
Article 37 preparation of reports the owner of the landfill of hazardous waste non-hazardous and must write an annual report of operations that must be delivered to the Ministry responsible for the environment and made available to the public. This report must include at least the number of days of operation of the landfill, the amount, the nature and the origin of the waste deposited, controls water, leachate and gases carried out and the events in the operation of the landfill, especially those that may have an impact on the health of the people and/or the environment.
Article 38 powers of Government control the Ministry responsible for Environment control: to) That the waste that are admitted to the dump are according to the list published by the regulation according to the category of the landfill.
b) protection systems of health and of the environment they work in accordance with the conditions set in the permit to open.
c) that all the conditions set out in the Decree of authorisation are respected.
Fifth section. Waste management thermal treatment centers Article 39 general principles 1. The guidelines and criteria set out in Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000, concerning the incineration of waste, especially with regard to the conditions of the application for the installation, commissioning, licensing of emission limit values in the atmosphere and of pollutants in waste water, waste incineration , to the controls and requirements of measurement and, generally, to the conditions of exploitation, are fully applicable to the management of waste thermal treatment centers.
2. waste heat treatment facilities in Andorra will be subject to recovery of the energy produced by combustion.
Article 40 types of allowable waste waste heat treatment centers the Government established by decree a list of allowable residues in each centre of heat treatment of waste, indicating the allowable amount and quality.
Are strictly excluded from the radioactive waste incineration and waste they put from selective collection.
Article 41 health and Environmental Protection 1. All central heat treatment of waste must be located, designed and operated in a manner that meets the necessary conditions in order to prevent soil contamination, pollution of groundwater, pollution of surface water, the pollution of the air and noise pollution, in order to protect the health of the population and preserve the environment.
2. The Government sets acceptable limit values for emissions regulation in the atmosphere and the acceptable limit values of pollutants in wastewater. These limit values must meet at least the European directives in force.
3. The Government also defined via statutory requirements of self controls and measurements that have to carry out heat treatment centres for waste to be able to verify that you do not exceed the limits of emissions
the atmosphere or the limits of pollutants in wastewater established.
These measurements and self controls must meet at least the European directives in force.
4. The waste heat treatment centre manager has to report immediately to the Ministry responsible for the environment and the Commission of information and monitoring centre of any incident in the operation that may have an impact on the quality of the broadcasts.
Article 42 procedure for the authorisation of operation 1. The heat treatment centre, in order to obtain the authorization of operation, must notify the Ministry responsible for the environment, the following information: a) the names and professional qualifications of the person responsible for the daily management of the centre.
b) the description of the installation and of the installations for the treatment of waste water and emissions.
c) facilities established for the measurement of emissions in the air and in the water.
d) the number and type of self controls that fee will be.
e) estimated the maximum capacity of the installation.
f) The proposed plan for the operation, maintenance and control of the centre.
g) the study of environmental impact.
h.) The bank guarantee.
2. once the information communicated and carried out the inspections, the Ministry responsible for the environment prepares a technical report on the conformity of the premises, indicating the Government the possibility to authorize or not the commissioning of thermal treatment centre, or the modifications necessary for the operation.
3. The opening and operation of a thermal treatment of waste is authorized only when the previous technical control confirms that does not present any serious risk for human health and for the environment and subject to deposit a bank guarantee that will allow them to ensure a sound management of the centre. The amount of the guarantee, their methods of payment and management and their return are determined by the regulations.
4. The authorization of commissioning Note: a) the categories of waste which are accepted in the centre and control processes for admission and reception of waste.
b) total capacity of incineration.
c) the limits of allowed emissions in the air and in the water.
d) the number and the type of self controls that must be carried out in the centre, indicating the procedures of sampling and of measurement that will be used.
e) the duration of the maximum permissible stoppages or failures of the purification systems or of emissions measurement systems for which it is possible to exceed the emission limit values provided.
5. Are set by Decree the minimum working conditions and the requirements that must be followed in abnormal operating conditions and in situations of failure.
6. The person in charge of the daily management of a waste thermal treatment center must be a competent technician professional in this field and ensure appropriate training to all staff that work.
43 article reporting the owner of a waste thermal treatment center must write an annual report of exploitation that, in conjunction with an environmental audit conducted by an independent external, must be delivered to the Ministry responsible for the environment and to the Commission of information and monitoring center and made available to the public. This report must include at least the quantity and the quality of the emissions in the atmosphere and water, compared with the limits set out in the authorization, the number of days of operation of the centre, the amount and the nature of waste treated, the events in the operation of the centre, especially those that may have an impact on the quality of the emissions , and the corrective measures that have been carried out.
Article 44 powers of control of the Government 1. The Government, through the Ministry responsible for the environment, controls: a) the systems for the protection of the health of the people and the environment to work in accordance with the conditions set out in the authorization of commissioning.
b) that all the conditions set out in the Decree of authorisation are respected.
2. If the Center does not meet the conditions of the permit, in particular with regard to the emissions in the air and in the water, the Ministry responsible for the environment can take the measures appropriate to ensure the respect, even the temporary suspension of the operation of waste thermal treatment center.
The sixth section. Soils contaminated Article 45 Declaration of contaminated soil 1. Corresponds to the Ministry responsible for the environment declared a contaminated soil. It is understood by "contaminated soil" one that contains pollutants in concentrations superior to those which are of its own, affecting its functions and represent a risk for people and/or the environment. These concentrations are determined in accordance with the criteria and standards, depending on the nature of the soil and of the uses are determined by regulatory pathway.
2. In the Declaration of contaminated soil have to identify those responsible for the contamination, the delimitation of the contaminated soil, the status of the contamination, the desirability or need to carry out some type of action and the date and method of carrying out cleaning operations and recovery, if necessary.
3. The Declaration of contaminated soil will have to notify the causing of pollution and, in the event that can not be identified, the owner of the ground. It urges the person to whom it has addressed the notification that assume and carry out cleaning operations and recovery, if applicable, within the period determined in the same statement.
4. The measures that correspond to the Ministry responsible for the environment does not exclude other possible complementary measures arising from communal competencies.
46 article Declaration of rehabilitation of a contaminated soil Corresponds to the Ministry responsible for the environment stated that the soil has ceased to be contaminated after checking out that cleaning and recovery operations have been carried out properly.
Chapter five. Economic instruments and other incentives Article 47 the principles to be followed for the creation of waste management taxes in accordance with the requirements of the principle of "polluter pays", the taxes that can be set up in order to take on the cost of waste management are subject to the following rules: a) the principle of causality: will rate the activity that causes an adverse effect to the environment
environment, in this case the production of waste and the danger or harmfulness of the same.
b) principle of cost coverage: the amount of the fees can reach cover entirely the direct and indirect costs of waste management.
c) principle of proportionality: the taxes related to the waste management will be proportional to the amount of waste generated or contributed, as well as their greater or lesser impact on the environment according to their characteristics.
Article 48 Right of public authorities to take economic measures for the improvement of waste management the public administrations, in the field of their respective competence, and in accordance with the provisions of the law, must adopt the appropriate tax, financial and economic measures in order to promote the prevention, reuse, recycling and recovery of waste and their elimination that respects the environment. Likewise, you can fix all sorts of incentive measures such as credits and subsidies, among others.
Article 49 setting up taxes for the protection of the environment at the time of setting taxes relating to the management of waste, the laws should take into account the fact that these taxes have deterrent effects on the production of waste, because of the composition, the volume or the difficulties of management, are considered to be potentially harmful to the environment.
Article 50 incentives and disincentives to promote the environmentally sound management of waste 1. It is prohibited to manufacture, import and marketing of products of waste generators do not have viable treatment in Andorra or abroad due to lack of agreement.
2. The Government should promote flows of deposit and return of specific product lines, both in the domestic trade as well as in the import of products, in order to facilitate the prevention and reuse.
3. Furthermore, the Government must promote the production, import and marketing of products that represent a minimum waste production.
Article 51 the promotion of the use of reusable materials, recyclable and put the public authorities, within the framework of public contracts for works and supplies, must encourage the use of reusable materials, recyclable and put, and also the use of products made with recycled materials that meet the appropriate technical specifications.
Chapter six. Inspection and surveillance. Infractions and sanctions Article 52 the general scheme of sanctions 1. The offences established by this law are subject to fines in accordance with this chapter, without prejudice, if any, of the corresponding civil and criminal responsibilities.
2. When the damage to the environment caused by the accumulation of activities occasioned by different people, the competent administration may impute individually this responsibility and their economic effects in each of those responsible.
3. The civil liability is joint and several liability in the following cases: a) When the owner or the Manager of the waste delivered to natural or legal persons other than those set out in this law.
b) when there are several responsible and is not possible to determine the degree of participation of each infringement.
4. Only are exempt of liability are producers and possessors who lend the waste to authorized managers, and as long as they fulfilled in compliance with the requirements established in this law and its regulations.
5. Equally, the urban waste holders are exempt from liability for damages that may arise as a result of this kind of waste that have always delivered in the Commons or authorized managers, while respecting the respective regulations and other applicable regulations.
Article 53 precautionary measures The competent public administrations, in accordance with the principle of precaution and proportionality, can adopt and demand at any given time, jointly or separately, any of the following precautionary measures: a) imposition of precautionary measures of correction, security or control that prevent the production or continuity in the production of the damage.
b) full or partial temporary suspension of activity.
Article 54 in the account liable for damage When there was a damage to the environment and, especially, when there is a serious danger for the health of the people or when there is a risk of serious and irreversible damage to the environment, the Government must require the tortfeasor who proceed to restore the affected environment. In case of breach of this obligation, the Government should proceed to carry out the restoration of the environment affected by the responsible, without prejudice to the application of the principle of economic impact of the expenses of all kinds that have been in the process of restoration.
Article 55 the powers of inspection of the Administration 1. The public administrations have to inspect the premises of producers and waste managers, through its own services or by means of the appropriate technical services, within the scope of its powers.
2. The Act of inspection results, if applicable, to the processing of the record sanctioning and/or the adoption of precautionary measures and restoring these to articles 53 and 54.
3. Irrespective of the provisions of this title relating to civil liability and/or criminal, failure to comply with the conditions of the grant or of the administrative authorization of managers may result in the revocation of the authorisation by the competent authorities and to the cessation of the activity.
Article 56 typology of infringements 1. Without prejudice to the infractions that can establish for the breach of the regulations on waste collection of communal sphere, the offences covered in this law are classified as minor, serious and very serious.
2. minor offences Are: a) the delay in the supply of information or of documents that must be provided to the administration according to the provisions of this law, the applicable regulations or the terms and conditions contained in the authorisations and contracts with the contracted companies.
b) the Commission of any of the violations indicated in paragraph 3, for the lack of quantity or danger, does not deserve the status of serious.
c) breach of the obligation to deliver the waste in accordance with that established in the communal regulations.
d) the breach of the obligation to deliver non-urban or urban waste assimilable to authorized managers.
e) breach of the obligation to deliver the recyclable waste in the
containers provided for this purpose, or to deliver them to the selective through other procedures in accordance with the provisions of the regulations and the communal regulations.
f) the failure to keep the waste in appropriate conditions of cleanliness and safety and/or save them more than a year in the same facilities.
g) the lack of labeling or incorrect or partial labelling of packaging containing hazardous waste.
h) breach, by the economic agents set out in article 20, of the obligations arising from agreements or cooperation agreements signed.
and any other statutory or contractual legal violation), that is not classified as a serious or very serious.
3. Are serious offences: a) the exercise of an activity described in this law without the mandatory authorization or the authorization expired or suspended, or the breach of the obligations imposed by this law, in the regulations that develop or in the permit, without which it has compromised the health of the people or without serious deterioration or damage has occurred to the environment.
b) acting contrary to the provisions of this law or of regulations that develop when the activity is not subject to specific authorisation, without that you have put at risk the health of the people or without serious deterioration or damage has occurred to the environment.
c) the abandonment, dumping or disposal of solid or liquid waste non-hazardous or in parts of the territory of the Principality of Andorra does not expressly authorised in accordance with this law and the regulations that develop.
d) the breach of the obligation to provide information or documentation to the administrations or the concealment or falsification of data required by the applicable regulations or permits, as well as the non-fulfilment of the obligation of custody and maintenance of this documentation, in the terms established in the regulatory development of the law.
e) the lack of bonds or insurance, or their renewal, when they are required.
f) obstruction of the exercise of the functions of inspection, supervision and control for the public administrations.
g) mix different categories of hazardous waste among themselves or of those with whom you do not have this consideration, provided that, as a result of this mixture, not be put in danger the health of the people and/or produced a severe deterioration or damage to the environment.
h) breach of the obligation to deliver, sell or give non-urban or urban waste assimilable to authorized managers, and also the acceptance of these wastes in conditions other than those set out in the corresponding authorizations or to the provisions of this law.
and take appropriate measures not to) the fact in order to reduce the inconvenience and dangers coming from the landfill.
j) the Commission of any of the offences specified in section 4, for the lack of quantity or entity, does not deserve the status of very serious.
k) recidivism in the Commission of any mild violation.
4. very serious offences Are: a) the exercise of an activity described in this law without the mandatory authorization or the authorization expired or suspended, or the breach of the obligations imposed on the permit if he has compromised the health of the people and/or damage has occurred or serious impairment to the environment, or when the activity has taken place in protected areas or of special interest.
b) acting contrary to the provisions of this law or of regulations that develop when the activity is not subject to specific authorization, if it has been compromised the health of the people and/or damage has occurred or serious impairment to the environment or when the activity has taken place in protected areas or of special interest.
c) the abandonment, dumping or disposal of solid waste or hazardous liquids or in parts of the territory of the Principality of Andorra does not expressly authorised in accordance with this law and the regulations that develop.
d) the abandonment, dumping or the Elimination of any other type of liquid or solid waste not dangerous, or in the territory of the Principality of Andorra does not expressly authorised in accordance with this law and the regulations that develop, if it has been compromised the health of the people and/or damage has occurred or serious impairment to the environment.
e) the concealment or alteration of data provided to administrative records for the obtaining of authorisations, permits or licenses related to the exercise of the activities covered in this law.
f) the export or import of waste against provisions of this law, the regulations that develop, the international agreements and other agreements signed by the Government.
g) the mixture of the different categories of hazardous waste among themselves or of those with whom you do not have this consideration, if, as a result of this mixture, it has become critically endangered the health of people and/or damage has occurred or serious impairment to the environment.
h.) The delivery, sale or transfer of dangerous waste or specific to natural or legal persons other than those set out in this law, as well as the acceptance of these wastes in conditions other than those that appear in the corresponding authorizations or to the rules established in this law, if it has been compromised the health of the people and/or damage has occurred or serious impairment to the environment.
I) in the case of a contaminated soil, do not carry out the cleaning operations and recovery in the deadline established in the Declaration.
j) recidivism in the Commission of any serious offence.
Article 57 Penalties 1. The offences to which it refers the article above give rise to the imposition, by the competent authorities of the following sanctions: a) in the case of minor offences: fine from 1,000 euros up to 3,000 euros.
b) in the event of serious violations: Penalty from 3,001 EUR up to 15,000 euros, except in the case of hazardous waste, in which the amount is from 6,001 up to 30,000 euros.
Disable for the exercise of any of the activities set out in this Act for a period of time of up to one year.
The Administration can agree on the immediate closure temporary or ultimate, total or partial, of the facilities. The preventive closure counted as in time of execution of the penalty.
c) in the case of very serious offences: Fine from 15,001 to 200,000 euros, except in the case of waste
dangerous, in which the amount is from 30,001 up to 200,000 euros.
Disable for the exercise of any of the activities set out in this Act for a period of time not less than one year nor more than ten.
The Administration can agree on the immediate closure temporary or ultimate, total or partial, of the facilities. The preventive closure counted as in time of execution of the penalty.
2. The sanctions have been imposed, taking into account the circumstances of the offence, the degree of culpability, the reiteration, the participation and the benefit obtained, and also the danger that has put the health of the people and the extent of the damage caused to the environment.
3. For the assessment of recidivism will take into account the strong sanctions imposed during the previous year for minor offences and during the two previous years for serious offences.
4. The amounts fixed in this article are updated periodically in accordance with the budget Law.
Article 58 Prescribing offences to which this law refers to prescribe at the end of 2 years in the case of minor offences, 3 years in serious offences and 15 years in the very serious offences. The time of beginning of the prescription begins to run at the time that the Administration discovered the violation and is interrupted at the moment that begins the sanctioning procedure against the offender.
Article 59 Disciplinary Body 1. Corresponds to the Ministry responsible for the environment, in accordance with its powers of inspection and control, the opening, the processing and resolution of sanctioning, unless very serious sanctions resolution, which corresponds to the Government.
2. common corresponds to the opening, the processing and resolution of cases relating to the powers that are conferred by this law.
3. The common or the Ministry responsible for the environment that initiate a sanctioning procedure will have to communicate with each other. The corresponding notification involves inhibition of the body notified in order not already another sanctioning procedure for the same facts.
Additional provision the first revision of the national plan of waste, according to the plan, expected to be held before the end of the year 2006.
Successive revisions, which will be conducted at least every five years in accordance with the provisions of article 11, will be adapted to the basic principles to be applied in the management of the waste in accordance with the hierarchy of options set out in this law and taking into account the criteria and guidelines that may be setting the rules of the European Union on the management of waste and the protection of the environment in order to get to achieve objectives similar to those established in the European Union in the field of prevention, reuse, recycling and disposal of waste.
First transitional provision private managers operating in the Principality of Andorra and to manage any type of waste at the time of the entry into force of this law shall have one year to adapt to the requirements of this law.
Second transitional provision The common feature of a period of 18 months from the time of the entry into force of the law to create the communal storage depots.
Third transitional provision the Government has approved in a maximum period of three years, the regulations, the lists and catalogues of application of this law, but the regulations relating to the collection, transport and temporary storage of hazardous waste that have been approved in a maximum period of six months.
Repealing this Act derogates the solid waste Law, adopted by the General Council in the session of July 31, 1985, and any other provision of the same rank or lower rank which contradict.
First final provision this law shall enter into force the day after its publication in the official bulletin of the Principality of Andorra.
Second final provision the Commission of coordination and development of the national plan of waste should be established and should adopt an internal regulation of operation within a maximum period of four months from the entry into force of the law.
Third final provision within a period of one year from the entry into force of the law, the Government has published in the official bulletin of the Principality of Andorra the Catalan translation of the Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994, relating to packaging and packaging waste; the Commission Decision 96/350/EC of 24 May 1996, by which they adapt the annexes II. And II. B of Directive 75/442/CEE of the Council, relating to the waste; of Directive 1999/31/EC of the Council, of 26 April 1999, relating to the dumping of waste; the Commission Decision 2000/532/EC of 3 May 2000, relative to the European List of waste; of Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000, concerning the incineration of waste; of the Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003, relative to the waste of electrical and electronic equipment; of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information; and Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004, by which modifies the Directive 94/62/EC on packaging and packaging waste.
The fourth final provision within a period of two years from the entry into force of the law, the Government has to submit to the General Council a project of environmental impact evaluation law harmonized with the regulations of the European Union.
Casa de la Vall, 14 December 2004 Francesc Areny Casal Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília Jacques Chirac President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra