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The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
MINImos BUDGET FOR GESTION AND ELIMINATION OF PCBs
CHAPTER I
General Provisions
ARTICLE 1 This Act establishes the minimum environmental protection budgets for the management of PCBs, throughout the territory of the Nation under article 41 of the National Constitution. ARTICLE 2 These are the purposes of the present:(a) Fiscalize operations associated with PCBs.
(b) Decontamination or removal of PCB-containing devices.
(c) Removal of used PCBs.
(d) Prohibition of entry into the country of PCBs.
(e) Prohibition of production and marketing of PCBs.
Article 3 For the purposes of this Act, it is understood that:PCBs a: polychlorobiphenyls (Bifenilos Polychlorinated), polychloroterphenyls (PCT), monomethyltetrachlorodiphenylmetanus, monomethyldiphenylmetanyl, monomethyldibromodiphenylmetanus, and any mixture whose total content of any of any of the substances mentioned above is greater than 0.005% in weight (50ppm);
PCB-containing appliances: any device containing or containing PCBs (e.g. transformers, container capacitors containing residual amounts) and that has not been decontaminated. Appliances of a type that may contain PCBs shall be deemed to contain PCBs unless otherwise demonstrated;
possessor: the natural or legal person, public or private, who is in possession of PCBs, used PCBs or PCBs;
Disclosure: to the set of operations that allow PCB-contaminated devices, objects, materials or fluids to be reussed, recycled or disposed of in safe conditions, and which may include replacement, understood by this any replacement operation of PCBs for appropriate fluids that do not contain PCBs;
Removal to: treatment operations and final disposition by means approved by applicable hazardous waste regulations.
ARTICLE 4 The Executive Power shall take the necessary measures to ensure the prohibition of the production, commercialization and entry into the country of PCBs, the elimination of used PCBs and the decontamination or elimination of PCBs and PCB-containing devices within the time limits stipulated in the present, in order to prevent, prevent and repair damage to the environment and improve the quality of life of the population. ARTICLE 5o The installation of equipment containing PCBs is prohibited throughout the territory of the Nation. ARTICLE 6 Import and entry to the entire territory of the Nation of PCBs and equipment containing PCBs is prohibited.CHAPTER II
From the Registry
ARTICLE 7 Please refer to the National Integrated Register of PCB holders, which will be administered by the highest-level agency with environmental competence and which will bring together existing records to date. ARTICLE 8 Any PCB holder must register for the registration set out in Article 7.Those who possess only devices containing a total volume of PCBs less than 1 (one) litre are excluded from this obligation. To be exempt from registration, it does not exempt him from compliance with this law. They must also register for registration, PCB manufacturers and marketers.
The information required by the application authority to register in the Register shall be an affidavit.
Article 9 Any natural or legal person carrying out activities or services involving the use of the substances listed in Article 3 shall contract a liability insurance, caption, bank bond, constitute a self-insurance, a reparation fund or another equivalent guarantee as determined by the regulation, to ensure the recomposition of possible environmental damage and to provide coverage of the risks to the health of the population that its activity may cause. ARTICLE 10. The deadline for registration will be one hundred and eighty (180) days.CHAPTER III
From the Implementation Authority
ARTICLE 11. For the purposes of this law, the agency of the Nation of the highest hierarchical level with environmental competence shall be the Authority of Application. As such, it shall have the following obligations:(a) Understand in the determination of policies on PCBs management in a coordinated manner with the competent authorities of the Provinces and the Autonomous City of Buenos Aires, within the scope of the Federal Environment Council (COFEMA).
(b) Formulate and implement, within the framework of the Federal Environment Council (COFEMA), a National Plan for PCB Management and Elimination.
(c) Dictate and monitor compliance with the safety regulations regarding the use, handling, storage and removal of PCBs.
(d) Conduct risk studies and environmental audits in the event of environmental pollution events that have been known for their public impact or for individual complaints. In the latter case, it must assess the seriousness of the complaint and, in the event of its dismissal, it must substantiate its decision.
(e) Coordinate with the highest hierarchical national agency with competence in the area of health, in the cases of the preceding paragraph, the conduct of epidemiological studies to prevent and detect damage to the health of the population in the potential affected area.
(f) To inform residents in the affected area or at risk, through procedures that ensure the widespread and fervent dissemination, the results of environmental reports and epidemiological studies, as well as the measures applied and to implement them.
(g) Promote the use of substitutes for PCBs and carry out a broad public awareness campaign on the damages caused by the incorrect elimination of PCBs, and appropriate measures for the repair of the environment.
(h) To promote and coordinate with governmental and non-governmental agencies, technical support for the creation of substitutes for PCBs, the control of the quality of them, the access to existing substitutes by small and medium-sized enterprises that by their activity require them and to any technical measure that tends to replace the substances listed in Article 3.
(i) To advise and support local jurisdictions in PCB management control and control programmes.
ARTICLE 12. The national enforcement authority shall, within a maximum of sixty (60) days, implement the necessary measures to enable all PCB holders of the country to have access to the administrative instruments required for registration in the registry established in Article 7o, the information shall be an affidavit.The possessor must update the information in the registry at least every two (2) years and must immediately notify changes that involve modification of PCBs still unused, PCBs in use and used PCBs.
ARTICLE 13. The implementing authority is authorized to expand the list of substances covered by Article 3 (a) of the present, in accordance with scientific and technological developments in the field.CHAPTER IV
responsibilities
ARTICLE 14. Before 2010 all PCBs-containing devices, and their possessor wants to keep them in operation, must be decontaminated exclusively by the possessor. Until this happens the possessor will not be able to replenish PCBs, having to replace it with fluids free of that substance. ARTICLE 15. Before the year 2005 any possessor shall submit to the application authority, a program for the elimination or decontamination of the devices containing PCBs, with the objective of not having equipment installed in the entire territory of the Nation containing PCBs. ARTICLE 16. Any device that has content: PCBs and having been decontaminated will still be in operation must have a label where it is clearly read "Unfinished APARTMENT that has CONTAINEd PCBs". ARTICLE 17. It is the obligation of the PCB holder, within a maximum period of sixty (60) days:(a) Clearly identify all equipment and containers containing used PCBs and PCBs, should be clearly read "CONTIENE PCBs".
(b) Instrument an internal record of activities involving PCBs.
(c) Adjust the equipment they contain and the storage sites of used PCBs and PCBs and implement the necessary measures to avoid putting people's health and environmental pollution at risk.
ARTICLE 18. In the light of the slightest indication of PCB leakage, leakage or loss on any equipment or installation, the possessor must implement corrective and preventive measures to repair the damage caused, reduce the risks to people and the environment and prevent the incident or accident from happening again. ARTICLE 19. It is presumed, except evidence to the contrary, that the PCBs, used PCBs and any apparatus containing PCBs, are at risk in the terms of the second paragraph of Article 1113 of the Civil Code, as amended by Law 17.711. ARTICLE 20. It is presumed, except proof to the contrary, that all damage caused by PCBs, and used PCBs is equivalent to that caused by dangerous residue.CHAPTER V
Offences and sanctions
ARTICLE 21. Offences to this Act, as well as its supplementary regulations and rules, shall be repressed by the local enforcement authority, with a summary guaranteeing the right of defence and the valuation of the nature of the offence and the injury caused, with the following sanctions, which may be cumulative:(a) Appreciation;
(b) Fine from 10 (ten) minimum salaries of the initial basic level of the national civil service up to 1000 (one thousand) times that value;
(c) Disqualification for a given time;
(d) Closure;
(e) The implementation of these sanctions is independent of civil or criminal responsibility attributable to the offender.
The minimum and maximum set out in subparagraph (b) may be doubled in the case of repeat offenders.
ARTICLE 22. What is entered in the form of fines referred to in the preceding article, subparagraph (b) shall be received by the provincial authorities and the Autonomous City of Buenos Aires, as appropriate, to form a fund intended exclusively for the restoration and environmental protection in each jurisdiction, in accordance with the provisions of the supplementary regulations.CHAPTER VI
Supplementary provisions
ARTICLE 23. Default any rule that is contrary to this law. ARTICLE 24. Regardless of this law, used PCBs and waste containing PCBs are still met by specific hazardous waste regulations. ARTICLE 25. All deadlines set out in this Act shall be counted from publication in the Official Gazette. ARTICLE 26. This law is of public order and must be regulated within a maximum of sixty (60) days. ARTICLE 27. Contact the Executive.IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTS OF THE OCTOBER OF THE YEAR DOS MIL DOS.
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