Bs. As., 24/5/93
VISTO Decree No. 776 of 12 May 1992 and,
That by that act, the NATIONAL EXECUTIVE PODER has assigned the SECRETARIAT OF NATURAL RESOURCES AND HUMAN ENVIRONMENT OF PRESIDENCE OF NATION, competence and responsibility inherent in the sanitation, maintenance and maintenance of watercourses, as arising from article 1 (a), (b), and (c) of the aforementioned legal standard.
In addition, article 2 of the decree has assigned to the Secretariat all the powers and obligations granted to SANITARIAN ARTWORKS OF THE NATION by Decree No. 674 of 24 May 1989.
That, by virtue of the urgent and unbeatable need to address the sanitation of the watershed that make up the rivers La Matanza, Riachuelo and its tributaries, the National State has decided to address a SAINT PROGRAMME of the basin, in order to restore the balance of the said ecosystem, entrusting that task to an intergovernmental Executive Committee.
That the authorities ' concern over the degree of contamination of the Matanza/Riachuelo basin and its tributaries is of old data, a situation that was reflected in the DIGID/73 report of the DEFENSA MINISTERIO.
That, for their part, the Province of BUENOS AIRES, and the MUNICIPALITY OF THE CIUDAD OF BUENOS AIRES, formulated and started on several previous occasions the implementation of sanitation operations of the Matanza/Riachuelo basin and its tributaries.
To that end, the MUNICIPALITY OF THE CIUDAD OF GOOD AIRES approved these tasks by the dictation of Ordinances No. 35.757, 36.098, 36.507, 37.591 and 37.711, while the Province of BUENOS AIRES issued Law No. 9597.
That by virtue of this regulation, both jurisdictions held a Convention on 18 September 1980, entrusting to the ECOLOGICAL COORDINATION OF THE METROPOLITANA SOCIEDAD OF THE STATE (CEAMSE) the execution of the tasks necessary for that purpose, contemplated in the social object set out in article 4 (f) of its social statutes.
The Tripartite Convention "NATION - PROVINCIA OF GOOD AIRES MUNICIPALITY OF THE CIUDAD OF GOOD AIRES" for the Development of the ENVIRONMENTAL RECUPERATION PROGRAMME OF THE MATANZA-RIACHUELO CUENCA, in order to coordinate the work of the represented jurisdictions, aimed at the formulation and implementation of the action plans aimed at improving the environmental conditions of life of the population and optimizing the management of the water resources of the region.
That the river of La Matanza is partial to the character of the public domain of the Province of BUENOS AIRES, its participation is necessary through its organisms or entities specialized in the sanitation of watersheds.
That COORDINATION ECOLOGICA AREA METROPOLITANA SOCIEDAD OF THE STATE (CEAMSE), in which the Province of BUENOS AIRES and the MUNICIPALITY OF THE CIUDAD OF BUENOS AIRES are the owner of a CINCUENTA BY CIENTO (50 %) each, is entitled to that effect by the social object set out in Article 4o f.
That the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS should be integrated into this Programme both with regard to the implementation of the public works necessary for the Sanitation Programme and the processing of the necessary credits for its effective implementation.
That the SECRETARIAT OF NATURAL RESOURCES AND HUMAN ENVIRONMENT OF PRESIDENCE DE LA NATION, by virtue of its competence and responsibilities, must exercise the police power in the field of water pollution, of the quality of the surface and groundwaters and of the discharges in its jurisdiction.
That, in order to address the tasks of the sanitation of the Matanza/Riachuelo watershed and its tributaries, due to its high complexity, it is necessary the activity of different organisms and technically suitable entities, to develop the necessary legal instruments, formulate the technical and operational projects, coordinate their action with the Province of BUENOS AIRES and the different Bonaerense municipalities included in the Matanza/Riachuelo basin.
That by Decree No. 1477 of 26 August 1991 the NATIONAL EXECUTIVE POWER established for the SECRETARY-GENERAL OF THE NATIONAL PRESIDENCE the mission of "Assisting the President of the Nation in activities that ensure the political and functional coherence of the government's action." and also attending the First Magistrate "on the design and updating of the policy (available) in the field of the environment".
That, on the other hand, in accordance with article 104 (i) of Act No. 24,156, on the request of the NATIONAL EXECUTIVE PODER, the General SINDICATURA OF NATION is the appropriate agency for monitoring and auditing the implementation of the MATANZA/RIACHUELO Watershed Sanitation Programme.
That the present measure is determined in the use of the emerging powers of article 86 (1) of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 . Trust in the area of NATION PRESIDENCE the EXECUTIVE COMMITTEE FOR THE SAINTING OF MATANZA/RIACHUELO HYDRICA. Art. 2o s Without prejudice to the powers of the Executive Committee, the following primary responsibilities are determined:
For the SECRETARIAT OF NATURAL RESOURCES AND HUMAN ENVIRONMENT OF NATION PRESIDENCE:
(1) The comprehensive and definitive study for the environmental recovery of the Watershed of the Matanza/Riachuelo, can be carried out by itself or by third parties.
2) Evaluate, monitor and control during the previous stages, the development and subsequent stages of the works, the state of situation of the Cuenca and the environmental impact of the works.
(3) Agree with the province of BUENOS AIRES the application of the rules concerning effluent discharges in all cases where they are not reached by national legislation.
(4) Exercising the police power within each jurisdiction.
For the SECRETARIAT OF PUBLIC AND COMMUNICATIONS OF THE MINISTERY OF ECONOMY and PUBLIC SERVICES:
(1) Development of the project of public works that make sanitation and integral use of the basin.
(2) Direct, inspect and certify the development of the works in question, and may carry out the works by themselves or by third parties.
For ECOLOGICAL AREA METROPOLITANA STATE SOCIEDAD (CEAMSE):
(1) Implementation of the Matanza/Riachuelo Sanitation Programme approved by the Executive Committee within the modalities and time frames provided for in the agreement provided for in article 3 (f) of the present. (Remodified decision by art. 1 Decree No. 1603/93 B.O. 03/08/1993. Where he said, "Article 2 (f) of the present," he says, "Article 3 (f) of the present." )
(2) The final disposition of solid, semisolid pollutants and underwater objects, which are extracted from the Basin and/or its area of influence.
For the province of BUENOS AIRES:
(1) Planning, coordination, recruitment and execution of infrastructure works to be carried out within their territorial jurisdiction.Art. 3o : They will be the functions of the Executive Committee:
(a) Coordinate the interjurisdictional actions of the various competent agencies of the National, Provincial or Municipal Public Administration involved in the process of sanitation of the Matanza/Riachuelo watershed.
(b) Coordinate the necessary means to develop, develop and execute the sanitation project of the Matanza/Riachuelo basin and the works to be carried out as a result of it.
(c) Assess, modify and coordinate the Watershed Sanitation Plan and the implementation schedule.
(d) Determine the driving actions and mechanisms to be used in the implementation of the sanitation and cleaning of bed and water mirror.
(e) To agree with the province of BUENOS AIRES which will be the implementing and coordinating agencies of the infrastructure works necessary for the purpose of the proposed sanitation, in the jurisdiction of the different municipalities, as well as the origin of the resources for the financing of them.
(f) To agree with ECOLOGICAL COORDINATION AREA METROPOLITANA SOCIEDAD DEL ESTADO (CEAMSE) on the terms and modalities to which its participation in the Matanza/Riachuelo basin sanitation project will be subject.
(g) To accept and to reconcile the views of the coastal provincial municipalities, on those issues that can directly violate the common good that is intended to be achieved with the project.
(h) Draft its internal rules of procedure and determine the human resources and administrative infrastructure inputs to be provided by each Executive Committee member agency.Art. 4o El The Executive Committee shall be chaired by the Secretary-General of the Presidency of the Nation, who may designate an Alternate President to assist him in the execution of his functions.
It will be composed of a representative of the SECRETARIAT OF NATURAL AND HUMAN ENVIRONMENT RESOURCES of the NATION PRESIDENCE, the SECRETARIAT OF PUBLICS AND COMMUNICATIONS of the MINISTERY OF ECONOMY, ARTWS and PUBLIC SERVICES, and of the MUNICIPALITY OF THE CIUDAD OF GOODS, not less than the Assistant Secretary level.
Invite the province of BUENOS AIRES to designate a representative of equal rank and under identical conditions to the rest of the agencies of the National and Municipal Public Administration.
Once the agreement provided for in article 2 (f) is implemented, a representative of ECOLOGICAL AREA METROPOLITANA SOCIEDAD DEL ESTADO (CEAMSE) shall be fully incorporated into the Executive Committee.Art. 5o . Instrúja al MINISTERIO DE ECONOMIA AND ARTWS AND SERVICES PUBLICS manage, both at the national and international level, the funds necessary to carry out comprehensive and definitive studies for sanitation, its comprehensive plan of works and all other inputs necessary to realize the project.
To delegate to the Minister of Economics the establishment of the modalities, conditions and guarantees to which the province of BUENOS AIRES, the municipalities or COORDINATION ECOLOGICA AREA METROPOLITANA SOCIEDAD DEL ESTADO (CEAMSE) should be adjusted in order to access funds of the National State, or international managed by it, to support the cost of the works to be carried out in their respective territorial areas or specific competences.Art. 6th La The General SINDICATURA OF THE NATION will monitor the correct application of funds that finance the sanitation program. Art. 7o . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Domingo F. Cavallo.