Integral Management Of Indotrial Waste Regimen Legal - Full Text Of The Norm

Original Language Title: GESTION INTEGRAL DE RESIDUOS INDUSTRIALES REGIMEN LEGAL - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
INTEGRAL GESTION OF INDUSTRIAL RESIDUALS AND SERVICE ACTIVITIES Law 25.612 Please note that the minimum environmental protection budgets for the comprehensive management of wastes of industrial origin and service activities are generated throughout the national territory and derived from industrial processes or services activities. Risk levels. Generators. Technologies. Records. Manifesto. Carriers. Treatment plants and final disposition. Civil responsibility. Administrative responsibility. Jurisdiction. Implementing authority. Provisions would complement. Sanctioned: July 3, 2002. Partially promulgated: July 25, 2002.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

Integrated management of industrial waste and services activities

PART I

Chapter I

General provisions

ARTICLE 1 The provisions of this Act establish the minimum environmental protection budgets for the comprehensive management of wastes of industrial origin and service activities, which are generated throughout the national territory, and are derived from industrial processes or services activities.

It is understood by industrial process, any activity, procedure, development or operation of conservation, repair or transformation in its form, essence, quality or quantity of a raw material or material to obtain a final product through the use of industrial methods.

It is understood by service activity, any activity that complements the industrial one or that by the characteristics of the waste it generates is assimilable to the previous one, based on the risk levels determined by the present.

ARTICLE 2 It is understood by industrial residue to any element, substance or object in solid, semisolid, liquid or gaseous state, obtained as a result of an industrial process, by carrying out a service activity, or by being directly or indirectly related to the activity, including eventual emergencies or accidents, of which its producer or generator holder cannot use it, is removed or has the legal obligation to do so.

Article 3 It is understood by comprehensive management of industrial wastes and service activities to the interdependent and complementary activities of each other, which include the stages of generation, management, storage, transport, treatment or final disposition of them, and which reduce or eliminate risk levels in terms of their danger, toxicity or non-civity, as established by regulation, to ensure the environmental preservation and quality of life of the population.

ARTICLE 4 The objectives of this Act are as follows:

(a) Ensure environmental preservation, the protection of natural resources, the quality of life of the population, the conservation of biodiversity, and the balance of ecosystems;

(b) Minimize the potential risks of waste at all stages of integral management;

(c) Reduce the amount of waste generated;

(d) Promote the use and transfer of clean and appropriate technologies for environmental preservation and sustainable development;

(e) Promote the cessation of environmental risk spills.

ARTICLE 5o They are excluded from this law and subject to specific regulations:

(a) Biopathogenic waste;

(b) Household waste;

(c) Radioactive waste;

(d) Waste derived from normal operations of ships and aircraft.

ARTICLE 6 The import, introduction and transport of all types of wastes, from other countries to the national territory, and their air and maritime spaces, with the exception of those wastes that are previously included in a positive list, approved by the implementing authority and which the interested parties demonstrate, in a fervent way, that will be used as inputs of industrial processes. In addition, there is the exception for the transit of waste under international conventions.

CHAPTER II

Risk levels

ARTICLE 7 The national enforcement authority, as provided for in article 57, subparagraphs (a) and (c), shall conclude the risk levels of the different wastes defined in article 2; for this purpose, they shall be taken into account: the processes of potential environmental degradation that they may generate, the impact on the quality of life of the population, its characteristics, quality and quantity, the origin, process or activity that generates them, and the site where the management of industrial waste is carried out. The regulations established in the international conventions signed should also be respected.

ARTICLE 8 The provincial authorities and the Autonomous City of Buenos Aires, responsible for the control and control of the integral management of the wastes achieved by the present, shall identify the generators and characterize the wastes that produce and classify them, at least, in three categories according to their low, medium and high risk levels.

CHAPTER III

Generators

Article 9 It is considered a generator, to any natural or legal person, public or private, that generates industrial waste and service activities, as defined in Article 1.

ARTICLE 10. The responsibility for the proper treatment and the final disposition of industrial wastes is the generator.

ARTICLE 11. Industrial waste generators must implement the necessary measures to:

(a) Minimize the generation of wastes that produce, with the potential to do so, adopt progressive programs of technological adequacy of industrial processes, which prioritize the decrease, reuse, recycling or valorization, as established by regulation;

(b) Separate in an appropriate way the incompatible wastes, avoiding the contact of them at all stages of management, defined in Article 2o.

(c) Packaging of industrial waste, when environmental hygiene and safety measures require it, identifying containers and their content, dating them and not mixing them, as established by the regulation.

(d) Properly treat and dispose of the industrial wastes generated by its own on-site activity in order to achieve the reduction or elimination of its hazards, harmfulness or toxicity characteristics; if possible, it must do so in treatment plants or final disposition that provide services to properly qualified third parties, all of which, as provided by the regulations and supplementary laws of the present. Transport shall be carried out by authorized carriers, in accordance with Article 23.

(e) Reuse your waste, such as raw material or insumption of other productive processes, or recycle them.

ARTICLE 12. Generators must periodically present an affidavit specifying the identification data and characteristics of industrial wastes, as well as the processes that generate them. The same must be demanded by the provincial authorities and the Autonomous City of Buenos Aires.

In the case provided for in article 11 (e) that affidavit shall be supported by the relevant technical studies and subscribed by the reuse or recycling of the waste, upon authorization by the competent authority.

ARTICLE 13. Any industrial waste generator shall provide, to the competent authority, the information necessary for the proper determination of the physical, chemical and/or biological characteristics of each of the wastes that are generated, and specify them quantitatively and quantitatively.

ARTICLE 14. The provincial authorities and the Autonomous City of Buenos Aires should establish promotional measures for those generators that implement technological adequacy programmes, as a result of comprehensive environmental management, which are approved by them, and aimed at improving industrial and productive processes, in terms of reducing environmental pollution, the cessation of risky dumps on natural resources, and the reduction of environmental risks that may result in the exercise of different jurisdictions. ARTICLE 15. From the approval of the adequacy programmes, those generators that establish Article 14 will be integrated into a differential control system, as determined by the provincial complementary laws and the Autonomous City of Buenos Aires. ARTICLE 16. Any generator of industrial waste, as its owner, is responsible for any damage produced by these, in the terms of Title II of this Law.

CHAPTER IV

Technology

ARTICLE 17. The implementing authority shall establish the minimum and necessary characteristics that different technologies must possess to be applied in the integral management of industrial wastes, taking into account the improvement of the environmental conditions and the quality of life of the population and the reduction of the risk levels that they may produce.

ARTICLE 18. Generators should inform the relevant authorities of the choice of technologies to be used in the integral management of industrial wastes

CHAPTER V

Records

ARTICLE 19. The provincial authorities and that of the Autonomous City of Buenos Aires, will carry and keep up-to-date the corresponding records, in which all the responsible natural or legal persons must be registered. of the generation, management, transport, storage, treatment and final disposal of industrial waste. The information obtained by them should be integrated into an Integrated Information System, which will be administered by the national environmental authority and free access to the population, except for information that should be considered restricted, affected by acquired rights or national security.

ARTICLE 20. The national implementation authority shall establish the minimum and common requirements for registration in the different records, taking into account the characteristics of the Integrated Information System.

CHAPTER VI

From the manifesto

ARTICLE 21. The nature and quantity of waste, its origin and transfer of the generator to the carrier, and of the generator to the final treatment or disposal plant, as well as the treatment or disposal processes to which they are subjected, and any other operation to which they are carried out, shall be documented in an instrument of affidavit, which shall bear the manifest denomination. ARTICLE 22. The national enforcement authority will determine the common minimum characteristics of the information to be contained and the mechanisms for using the manifesto.

CHAPTER VII

Of the carriers

ARTICLE 23. The natural and legal persons responsible for the transport of waste can only receive and transport those who are accompanied by the corresponding manifesto. The industrial waste and service activities transported will be delivered in full and, only, in the places authorized by the corresponding authorities, for storage, treatment or final disposition, which the generator determines.

ARTICLE 24. If, by special or emergency situation, the waste cannot be delivered to the treatment, storage or final disposition plant indicated in the manifesto, the carrier must immediately communicate this situation to the generator and take the necessary measures to guarantee at all times what is indicated in Article 4 of the present.

ARTICLE 25. The national enforcement authority will determine the obligations to which industrial waste carriers and service activities should be adjusted. ARTICLE 26. When the transport of the waste has to be carried out outside the provincial or Autonomous City of Buenos Aires, there must be a prior agreement between the jurisdictions involved, and by which, the conditions and characteristics of the waste are established, as provided for by the rules of the parties involved.

Provincial environmental authorities may determine exceptions when the level of risk of waste is low or zero and are only used as input of another productive process.

ARTICLE 27. Any carrier shall ensure that the potential environmental damage that its activity may cause may be recomposed; for this purpose it may cover environmental risks through the hiring of a liability insurance, caption, bank bond, the establishment of a self-insurance or a repair fund, or other equivalent guarantee, as determined by the regulation.

ARTICLE 28. Any waste carrier is responsible, as a guardian of the same, for any damage produced, during transportation from generation sites to authorized storage, treatment or disposal sites.

CHAPTER VIII

Of treatment plants and final disposition

ARTICLE 29. It is called a treatment plant to those sites where the physical characteristics, chemical composition or biological activity of any type of industrial residue and service activities are modified, in such a way that their harmful, dangerous or toxic properties are removed or reduced, or that energy and material resources are recovered, or that a residue of lower risk levels is obtained, or that it is made susceptible to recovery or finalization, of environmental safety, safety or value, ARTICLE 30. It is called a final disposal plant to sites specially built for the permanent deposit of industrial waste and service activities, which meet conditions such as ensuring the unalterability of the quantity and quality of natural resources, under environmental hygiene and safety standards that do not endanger or affect the quality of life of the population, in a significant way.

ARTICLE 31. For exceptional and well-founded reasons, the provincial authorities and the Autonomous City of Buenos Aires will be able to authorize storage plants, for the temporary deposit of waste, under environmental hygiene and safety standards that do not endanger or affect the quality of life of the population, significantly,

Transition criteria and storage times will be determined by the relevant authorities, based on technical foundations and depending on the environmental characteristics of the site, its environment and the risk levels of the wastes to be stored.

ARTICLE 32. Any storage, treatment or final disposal of waste, prior to its release, shall undertake an environmental impact study, which shall be presented to the competent authority, which shall issue an environmental impact statement, in which it bases its approval or rejection. The regulation shall determine the minimum and common requirements to be included in the study.

ARTICLE 33. The national application authority will agree with the provincial authorities and the Autonomous City of Buenos Aires, within the framework of the Federal Environment Council (COFEMA), the characteristics and contents of the environmental impact study and the conditions for the empowerment of the storage, treatment and final disposition of industrial wastes and service activities, as well as the particular characteristics that must have them according to the quality and quantity of waste that they treat, store or finally dispose.

ARTICLE 34. Any storage, treatment or final disposal of industrial wastes shall carry a permanent record of operations, as determined by the competent authority, whose information shall be integrated into the Integrated Information System.

ARTICLE 35. The national enforcement authority will agree with the provincial authorities and the Autonomous City of Buenos Aires, the general criteria on the conditions of closure of the storage, treatment or final disposal of wastes, and the environmental preservation and quality of life of the population must be guaranteed at all times.

ARTICLE 36. The national enforcement authority, as provided for in article 57, subparagraphs (a) and (c), shall establish the general, minimum and common criteria on the methods and feasibility of storage, treatment and final disposition of industrial waste and service activities.

ARTICLE 37. In any storage plant, treatment or final disposal of waste, its holders shall be liable, as guardians or owner, in the event that the competent authority has made the corresponding certification pursuant to article 43 (b), of any damage produced by them because of the activity that is carried out in it.

ARTICLE 38. The natural and legal persons holding or responsible for the storage, treatment or final disposal of wastes should ensure the recomposition of the possible environmental damages that their activity may cause; for this purpose it may cover the environmental risks through the hiring of a liability insurance, caption, bank bond, the establishment of a self-insurance or a repair fund, or another equivalent guarantee, as determined by the regulation.

ARTICLE 39. The use of the property for the installation or operation of systems and plants of treatment or final disposal of waste shall be communicated to your relevant registry seat in the registry of the property.

PART II

CHAPTER I

Civil liability

ARTICLE 40. It is presumed, except evidence to the contrary, that any residue defined in the scope of Article 2 is a risky matter in the terms of the second paragraph of Article 1113 of the Civil Code, as amended by Law 17.711.

ARTICLE 41. In the field of extra-contractual liability, the transmission of the domain or voluntary abandonment of industrial wastes and service activities is not opposed to third parties. ARTICLE 42. The owner or guardian of a residue is not exempted from liability for demonstrating the guilt of a third party for whom it should not respond, whose action could be avoided by the use of due care and in accordance with the circumstances of the case. ARTICLE 43. The generator's liability for damage caused by the waste does not disappear due to the transformation, specification, development, evolution or treatment of these, except:

(a) Those damages caused by the greatest risk that a certain residue acquires as a result of improper or defective management or treatment, carried out at any stage of the integral management of industrial waste and service activities;

(b) Where the residue is used as an input of another productive process, as determined by the regulation.

CHAPTER II

Administrative Liability

ARTICLE 44. Any violation of the provisions of this law, its regulation and the supplementary rules that are determined, shall be repressed by the competent authority with the following sanctions, which may be cumulative:

(a) Appreciation;

(b) Fine from 50 (fifty) minimum salaries at the initial base level of the corresponding administration up to 200 (two hundred) times that value;

(c) Temporary, partial or total closure;

(d) Suspension of activity from 30 (treinta) days to 1 (one) year;

(e) Final cancellation of the authorizations and registrations of the corresponding records.

These sanctions shall be applied without prejudice to the civil or criminal liability that may be imposed on the offender.

The suspension or cancellation of registration in the registers shall entail the cessation of activities and the closure of the establishment or premises, the criminal complaints may be made.

ARTICLE 45. The penalties set out in the preceding article shall be applied after summary instruction to ensure the right to defence, and shall be graduated in accordance with the nature of the offence and risk or damage caused.

ARTICLE 46. In the event of recidivism, the minimum and maximum penalties provided for in article 44 (b) and (c) may be multiplied by a figure equal to the amount of recidivism increased in one unit.

ARTICLE 47. The person who, within the term of 3 (three) years prior to the date of the commission of the offence, has been punished by another offence, of identical or similar cause.

ARTICLE 48. The actions to impose sanctions under this Act are prescribed at 5 (five) years from the date on which the authority has taken notice of the offence.

ARTICLE 49. What is entered in the form of fines referred to in article 44, subparagraph (b) shall be perceived by the provincial authorities and the Autonomous City of Buenos Aires, as appropriate, to form a fund intended exclusively for restoration and environmental protection, not being able to be used for other budgetary purposes, in each of the jurisdictions, and in accordance with the provisions of the supplementary rules.

ARTICLE 50. Where the offender is a legal person, those responsible for the administration, administration or management of the offender shall be jointly responsible for the penalties set out in article 44.

CHAPTER III

Criminal Responsibility

ARTICLE 51. Incorporate the Criminal Code, the present chapter on environmental crimes, such as supplementary law. ARTICLE 52. It will be repressed with imprisonment from 3 (three) to 10 (ten) years, using industrial waste and service activities, to adulterate or contaminate water, soil, atmosphere, or to put at risk the quality of life of the population, living beings in general, biodiversity or ecological systems. If the act is followed by the death of any person or extinction of a kind of living, the penalty shall be 10 (ten) to 25 (veinticinco) years of imprisonment or imprisonment. ARTICLE 53. Where any of the facts provided for in the preceding article are committed by imprudence or negligence or by imperfection in the art or profession itself or by non-observance of regulations or ordinances, imprisonment of 1 (one) month to 2 (two) years shall be imposed. If there is a disease, injury or death of any person or species, the penalty will be 6 (six) months to 5 (five) years. ARTICLE 54. Where any of the facts provided for in the preceding articles had occurred by a decision of a legal person, the penalty shall be applied to directors, managers, trustees, members of the monitoring board, administrators, technical officer, or representatives of the same person who had intervened in the punishable act, without prejudice to the other criminal responsibilities that might exist.

CHAPTER IV

Jurisdiction

ARTICLE 55. It shall be competent to know of the actions that derive from this law the corresponding ordinary justice.

PART III

CHAPTER I

From the Implementation Authority

ARTICLE 56. The area with environmental competence determined by the executive branch shall be the enforcement authority of this law.

ARTICLE 57. Compete to the enforcement authority:

(a) Understand in the determination of policies in the field of industrial waste and service activities, in a coordinated manner, with the authorities with environmental competence of the provinces and of the Autonomous City of Buenos Aires, in the field of the Federal Environment Council (COFEMA);

(b) Promote the use of productive processes and treatment methods that involve minimizing, recycling and reuse of them, and the incorporation of technologies most appropriate for environmental preservation;

(c) Formulate and implement, within the framework of the Federal Environment Council (COFEMA), the National Plan for the Comprehensive Management of Industrial Wastes and of Service Activities, which should, among others, include the parameters of waste reduction in the generation stage, and the deadlines for compliance;

(d) To advise and support local jurisdictions in waste control and control programmes;

(e) Develop an Integrated Information System, free access for the population, which manages the data produced in each of the jurisdictions, regarding the comprehensive management of waste;

(f) Manage national resources and resources from international cooperation for the implementation of this Act;

(g) To exercise all other powers and powers conferred upon it by this law.

PART IV

CHAPTER I

Complementary provisions

ARTICLE 58. The implementing authority shall develop and update a list of hazardous, toxic or harmful elements or substances contained in industrial wastes and service activities, specifying the risk characteristics, resulting from the different atropic activities covered by this law, which shall be incorporated into the Integrated Information System.

ARTICLE 59. The Executive Power will contemplate, through the regulation of the present, the implementation of incentives for those generators that, as a result of the optimization of their production processes, changes in technologies or adequate environmental management in general, minimize waste generation, reuse or recycle the same, significantly reducing the risk levels set out in Article 7o.

ARTICLE 60. Default of Law 24.051 and any rule or provision that is contrary to this Law.

Until a specific law on minimum budgets for the management of pathological waste is enacted, the provisions of Law 24,051 and its annexes shall be retained in respect of the matter. Furthermore, until the regulation establishes the creation of the different registers determined by this Act, the annexes and records contained in this Act shall be maintained.

ARTICLE 61. It is recommended that the provincial states and the Autonomous City of Buenos Aires issue complementary standards to the present in the terms of article 41 of the National Constitution, and the Federal Environment Council (COFEMA) propose policies for the implementation of this law.

ARTICLE 62. The Executive Branch shall regulate this law within 120 (ten twenty) days of its promulgation. ARTICLE 63. This law shall be of public order. ARTICLE 64. Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE THREE DAYS OF THE JULY OF THE YEAR DOS MIL DOS.

_

EDUARDO O. CHANGE. . JUAN C. MAQUEDA. . Eduardo D. Rollano. . Juan C. OyarzĂșn.

NOTE: The bold texts were observed.