Home Waste Management Budgets Minimos Environmental Protection - Full Text Of The Norm

Original Language Title: GESTION DE RESIDUOS DOMICILIARIOS PRESUPUESTOS MINIMOS PROTECCION AMBIENTAL - Texto completo de la norma

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GESTION OF DOMICILIARY RESIDUES Law 25.916 Minimum environmental protection budgets for the comprehensive management of home waste. General provisions. Competent authorities. Generation and Initial Provision. Collection and Transportation. Treatment, Transfer and Final Disposition. Interjurisdictional coordination. Implementing authority. Violations and sanctions. Complementary provisions. Sanctioned: August 4 of 2004 Partly promulgated: September 3, 2004

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

Integral management of household waste

Chapter I

General provisions

ARTICLE 1 The provisions of this Act establish the minimum environmental protection budgets for the comprehensive management of household wastes, whether of residential, urban, commercial, care, health, industrial or institutional origin, with the exception of those that are regulated by specific rules. ARTICLE 2 Denomination of house residue to those elements, objects or substances that, as a result of the processes of consumption and development of human activities, are rejected and/or abandoned. Article 3 It is called integral management of home wastes to the interdependent and complementary activities of each other, which constitute a process of actions for the management of home wastes, in order to protect the environment and quality of life of the population.

Integral management of home waste includes the following stages: generation, initial provision, collection, transfer, transport, treatment and final disposition.

(a) Generation: it is the activity that involves the production of household waste.

(b) Initial provision: it is the action by which the waste is deposited or abandoned; it is made by the generator, and must be done in the manner determined by the different jurisdictions.

The initial provision may be:

1. General: without classification and separation of waste.

2. Selective: with classification and separation of waste from the generator.

(c) Collection: it is the set of actions that includes the collection and loading of waste in the collecting vehicles. The collection may be:

1. General: without discriminating against different types of residue.

2. Difference: discrimination by type of residue based on treatment and subsequent valuation.

(d) Transfer: includes transitory storage activities and/or waste conditioning for transportation.

(e) Transport: includes the travel of waste transfer between the different sites included in the integral management.

(f) Treatment: includes the set of operations for the conditioning and valuation of waste.

It is understood by conditioning the operations carried out in order to adapt the residues for their valuation or final disposition.

It is understood by value to any procedure that allows the use of the resources contained in the waste, by recycling in its physical, chemical, mechanical or biological forms, and reuse.

(g) Final provision: includes the set of operations aimed at achieving the permanent deposit of household waste, as well as the inevitable rejection fractions resulting from the treatment methods adopted. At this stage, the activities of the closure and post-clausura of the final disposal centres are also included.

ARTICLE 4 The objectives of this Act are:

(a) Achieving adequate and rational management of household wastes through their comprehensive management in order to protect the environment and quality of life of the population;

(b) Promote the valuation of household wastes through the implementation of appropriate methods and processes;

(c) Minimize the negative impacts that these wastes can produce on the environment;

(d) Achieve the minimization of wastes for final disposal.

Chapter II

Competent authorities

ARTICLE 5o The competent authorities of this law shall be the agencies that determine each of the local jurisdictions. ARTICLE 6 The competent authorities shall be responsible for the comprehensive management of household wastes produced in their jurisdiction, and shall establish the complementary standards necessary for the effective enforcement of this law.

They will also establish waste management systems adapted to the characteristics and particularities of their jurisdiction, which should prevent and minimize potential negative impacts on the environment and quality of life of the population.

ARTICLE 7 The competent authorities may enter into bilateral or multilateral agreements that enable the implementation of regional strategies for any or all of the stages of the comprehensive management of home waste. ARTICLE 8 The competent authorities will promote waste valuation through the implementation of compliance and phased implementation programmes.

Chapter III

Generation and Initial Provision

Article 9 Generate, for the purposes of this Act, any natural or legal person who produces waste under Article 2. The generator has an obligation to carry out the initial collection and the initial disposal of the wastes in accordance with the complementary standards established by each jurisdiction. ARTICLE 10. The initial provision of home waste should be made through appropriate methods that prevent and minimize the potential negative impacts on the environment and quality of life of the population. ARTICLE 11. Generators, depending on the quality and quantity of waste, and the conditions in which they are generated are classified as:

(a) Individual generators.

(b) Special generators.

The parameters for their determination shall be established by the complementary rules of each jurisdiction.

ARTICLE 12. Special generators, for the purposes of this law, are denominated to those generators that produce household waste in quality, quantity and conditions such that, at the discretion of the competent authority, require the implementation of particular management programs, previously approved by it.

Individual generators, for the purposes of this law, are denomination to those generators that, unlike special generators, do not require particular management programs.

Chapter IV

Collection and transport

ARTICLE 13. The competent authorities should ensure that household waste is collected and transported to the sites enabled by means of methods that prevent and minimize negative impacts on the environment and quality of life of the population. They should also determine the methodology and frequency of collection, which should be adapted to the amount of waste generated and to the environmental and geographical characteristics of their jurisdiction. ARTICLE 14. The transport must be carried out in enabled vehicles, and properly conditioned in order to ensure proper containment of the waste and to avoid dispersion in the environment.

Chapter V

Treatment, Transfer and Final Provision

ARTICLE 15. Denomination of the treatment plant, for the purposes of this law, to those facilities that are authorized for this purpose by the competent authority, and in which the household wastes are conditioned and/or valued. The rejection of the processes of valorization and any house residue that has not been valued must have as its destination a final disposition center authorized by the competent authority. ARTICLE 16. Denomine transfer station, for the purposes of this law, to those facilities that are authorized for this purpose by the competent authority, and in which the household wastes are temporarily stored and/or conditioned for transport. ARTICLE 17. Denomination of centers of final disposition, for the purposes of this law, to those places specially conditioned and authorized by the competent authority for the permanent disposition of the waste. ARTICLE 18. The competent authorities shall establish the necessary requirements for the establishment of the final disposal centres, depending on the characteristics of the household wastes to be disposed of, the technologies to be used, and the local environmental characteristics. Without prejudice to this, the empowerment of these centers will require the approval of an Environmental Impact Assessment, which involves the implementation of a Monitoring Plan of the main environmental variables during the phases of operation, closure and post-clausura. ARTICLE 19. For the operation and closure of the treatment plants and the transfer stations, and for the operation, closure and post-clause of the final disposal centres, the competent authorities must authorize methods and technologies that prevent and minimize the potential negative impacts on the environment and quality of life of the population. ARTICLE 20. Final disposal centres should be located in sites sufficiently far from urban areas, in such a way as not to affect the quality of life of the population; and their location should be determined by considering land planning, land use and urban expansion for a period of time that includes the post-clausura period. They may also not be established within protected areas or sites that contain significant elements of natural and cultural heritage. ARTICLE 21. Final disposal centres should be located in places that are not flooded. If this is not possible, they should be designed in such a way as to avoid flooding.

Chapter VI

Interjurisdictional coordination

ARTICLE 22. The Federal Environment Council (COFEMA) for the purposes of this Act, and in compliance with the Federal Environmental Covenant, shall act as the inter-jurisdictional coordination agency, in order to cooperate with the fulfilment of the objectives of this Act. ARTICLE 23. The coordinating body will have the following objectives:

(a) Consensual policies for the comprehensive management of household wastes;

(b) To agree on technical and environmental criteria to be used at different stages of comprehensive management;

(c) Consensualize, together with the Implementation Authority, the goals for the valuation of home waste.

Chapter VII

Implementation authority

ARTICLE 24. It will be enforcement authority, within its jurisdictionthe highest-ranking agency with environmental competence to be determined by the national executive branch. ARTICLE 25. The functions of the implementing authority shall be:

(a) Formulate policies on household waste management, which are agreed within COFEMA.

(b) Develop an annual report with the information provided to it by the provinces and the City of Buenos Aires, which must, at least, specify the type and quantity of household wastes that are collected, and also those that are valued or have potential for their valuation in each jurisdiction.

(c) Promote measures to include informal waste collection circuits.

(d) Promote environmental education programmes in accordance with the objectives of this Act.

(e) Provide advice for the organization of value programs and differentiated collection systems in different jurisdictions.

(f) Promote population participation in waste reduction, reuse and recycling programmes.

(g) To promote, through social communication programmes and economic and legal instruments, the value of waste, as well as the consumption of products in which the material is used valued or with potential for its valuation.

(h) Promote and encourage the participation of the productive and trade sectors of goods in the integral management of waste.

(i) To promote and consensualize, within the framework of COFEMA, a national programme of quantifiable targets for the valuation of progressive compliance wastes, which should be reviewed and updated periodically.

Chapter VIII

Offences and sanctions

ARTICLE 26. Failure to comply with the provisions of this Act or with the regulations that are determined accordingly, without prejudice to any civil or criminal sanctions that may be appropriate, shall be punished by:

(a) Appreciation.

(b) Fine of ten (10) to two hundred (200) minimum salaries at the initial basic level of the National Civil Service.

(c) Suspension of the activity of thirty (30) days up to one (1) year, as appropriate and according to the circumstances of the case.

(d) Final cessation of the activity and closure of the facilities, as appropriate and in accordance with the circumstances of the case.

ARTICLE 27. The penalties set out in the preceding article shall be applied after summary instruction that ensures the right of defence, and shall be graduated in accordance with the nature of the offence and the damage caused. ARTICLE 28. In the event of recidivism, the maximum penalties provided for in article 26 (b) and (c) may be multiplied by a figure equal to the amount of recidivism increased in one unit. ARTICLE 29. The person who, within the term of three (3) years prior to the date of commission of the offence, is deemed to have been punished for another violation of the same or similar cause. ARTICLE 30. The actions to impose sanctions provided for in this Act are prescribed at five (5) years after the date on which the offence has been committed or the competent authority has taken notice of it, which is later. ARTICLE 31. This entry into fines referred to in article 26 (b) shall be received by the competent authorities, as appropriate, to form a fund intended exclusively for environmental protection and restoration in each jurisdiction. ARTICLE 32. When the offender is a legal person, those responsible for the leadership, administration or management shall be jointly responsible for the sanctions set out in this chapter.

Chapter IX

Adequacy periods

ARTICLE 33. A period of 10 years, from the entry into force of this law, shall be set aside for the adequacy of the different jurisdictions to the provisions laid down in this law in respect of the final disposition of home waste. After that period, the final provision of household waste that does not comply with such provisions is prohibited throughout the national territory. ARTICLE 34. A period of 15 years, starting with the entry into force of this law, shall be established for the adequacy of different jurisdictions to the set of provisions set out in this Act. After that period, the management of household waste that does not comply with such provisions is prohibited throughout the national territory.

Chapter X

Complementary provisions

ARTICLE 35. The competent authorities shall establish, within their jurisdiction, special management programmes for those household wastes that, due to their particular characteristics of danger, noxiety or toxicity, may present significant risks to human or animal health, or to environmental resources. ARTICLE 36. The provinces and the City of Buenos Aires should provide the Authority of Application with information on the type and quantity of home waste collected in its jurisdiction, as well as those that are valued or that have potential for their valuation. ARTICLE 37. Import or introduction of household waste from other countries to national territory is prohibited. ARTICLE 38. This law is of public order. ARTICLE 39. Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE FOUR DAYS OF THE MONTH OF AUTHOR YEAR.

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EDUARDO O. CHANGE. A. GUINLE. . Eduardo D. Rollano. . Juan Estrada.

- No.

NOTE: The bold texts were observed.