Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/153386
Law No. 755 law of October 28, 2015 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL DECREES: law of management INTEGRAL of waste chapter I aspects general article 1. (OBJECT). This law aims to establish the general policy and the legal regime of the Integral management of wastes in the plurinational State of Bolivia, prioritizing the prevention for the reduction of waste generation, use and final disposal, environmentally safe and health in the framework of the rights of mother earth, as well as the right to health and to live in a healthy and balanced environment.
Article 2. (COMPETENCE FRAMEWORK). This law takes place in the framework of the concurrent competence of industrial and toxic waste, and treatment of solid waste, laid down in paragraphs 8 and 9 of the second paragraph of the article 299 of the political Constitution of the State.
Article 3. (SCOPE).
I. this Act applies to all persons, natural or legal, public or private, that generate waste or carry out activities related to the management of waste, whatever their origin and characteristics.
II. the Integral management of waste sector activities from hydrocarbons, energy, mining and metallurgy, industrial manufacturing, agribusiness and health facilities, as well as radioactive waste shall be governed in accordance with the sectoral rules, in the framework of the policies of the present law.
III. excluded from this law, emissions to the atmosphere, industrial waste water, water, domestic waste and other effluent that is empty on sewage or drainage systems.
Article 4. (CLASSIFICATION OF WASTE). The waste is classified by its characteristics, its source of generation and operational management, in accordance with technical norms issued by the Ministry head of sector.
Article 5. (DEFINITIONS). For the fulfillment of this law, shall be set out in the glossary of terms definitions contained in the annex, which forms an integral part of this law.
Article 6. (PRINCIPLES). The Integral management of wastes is developed according to the principles of the law N ° 300 of October 15, 2012? Law framework of mother earth and Integral Development for living well?, and the following principles: articulation. The Integral management of wastes is articulated with policies for the protection of mother earth, water and sanitation, education, environment, health, climate change, food security and risk management.
Participation. The Integral management of wastes must promote the active, conscious, informed and organized population participation.
Cleaner production. In the continuous application of a strategy environmental, preventive and integrated in the production process, the transformation of production patterns should be promoted to reduce the generation of waste in quantity and harmfulness, and facilitate the use of the same.
Protection of health and the environment. The Integral management of wastes should be directed to the protection of mother earth, preventing health hazards and pollution of water, air, soil, flora and fauna, in accordance with the strategies in the fight against climate change, to live well for current and future generations.
Responsibility of the generator. Any individual or collective person is responsible for the waste generated, assuming their management costs, as well as pollution that it may cause on the environment or health environment, its improper handling.
Shared responsibility. The Integral management of wastes is responsibility social, public and private; It requires the joint participation, coordinated and differentiated by all actors.
Sustainability. The Integral management of wastes must adapt to local conditions on the basis of technical, economic, social and environmental criteria, to ensure its continuity, expansion and permanent improvement.
Sustainability. All activities, work or project for the Integral management of wastes, must maintain a balance between the needs of humans and the conservation of natural resources and ecosystems that will sustain the life of future generations.
Article 7. (INTEGRAL WASTE MANAGEMENT). He is meant by waste management Integral system formed by processes of planning, policy development, organization, financial sustainability, operational, environmental management, education and community development for the prevention, reduction, use and final disposal of waste, within a framework of protection of health and the environment.
Article 8. (INTEGRAL WASTE MANAGEMENT HIERARCHY).
I in the application of the Integral management of wastes, the central level of the State and the autonomous territorial entities, should guide their actions, in order of importance, a: prevention to reduce the generation of waste.
Maximize the use of the waste.
Minimize the final disposal of waste, restricting as far as possible only to those unusable waste.
II. all generator of waste, as well as those who perform the operational management of them, must be its activities in the order of priority referred to in the preceding paragraph.
Article 9. (STATE POLITICS). Establish the following policies of State: planning and inter-institutional and inter-sectorial coordination for the Integral management of wastes.
Prevention of the generation of waste and promotion of change in production and consumption patterns to reduce the quantity and harmfulness of waste.
Use of waste and promotion of the development of markets for the marketing and consumption of recyclable products.
Integral management of hazardous and special waste.
Closure of mine waste and remediation of contaminated sites generated by the inadequate waste management, and the implementation of sanitary landfills for disposal environmental and sanitary safe from them.
Institutional strengthening and capacity development for the Integral management of wastes.
Education, awareness and participation of the population in the Integral management of wastes.
Promotion of the regional or joint solutions in the Integral management of wastes.
Promotion of research and development of technologies for the Integral management of wastes.
Generation of information for decision-making and continuous improvement of the Integral management of wastes.
Article 10. (RIGHTS). Any individual or collective person has the following rights: to enjoy a healthy environment, protected and balanced, free of contamination or deterioration hazards of improper waste management.
Access to the services of Integral management of wastes as universal, continuous, equitable, with quality and efficiency.
Effective and timely attention of complaints and requests that arise as a user of the services related to the Integral management of wastes within the framework of existing legislation.
Access to the information of the Integral management of wastes within the framework of this law.
To receive education and training for the exercise of its role as an actor in the Integral management of wastes.
Article 11. (OBLIGATIONS). Any natural or legal person has the following obligations: comply with the regulatory provisions and regulations in force for the proper management of waste.
Reduce the generation of waste in quantity and dangerousness.
Separate waste at source.
Depositing waste in authorised sites.
Perform the proper handling of waste generated, through authorised operators or for its own account.
The costs involving the operational management of waste, according to their characteristics and source of generation.
Denounce the behaviors that threaten or affect health, natural resources and the environment, as a result of the inadequate management of the waste.
Chapter II INTEGRAL waste management section I article 12 waste generation prevention. (PREVENTION OF WASTE GENERATION). The prevention of waste generation, is the set of measures intended to prevent or reduce their generation in quantity and dangerousness, through the transformation of models of production, the change in consumer habits and the sustainable use of natural resources within a framework of protection of health and environment.
Article 13. (PREVENTION OF CONSUMER WASTE GENERATION AND PRODUCTIVE ACTIVITIES).
I any natural or legal person, as a consumer, should prioritize the prevention of waste generation.
II. any natural or legal, public or private, person performing any productive activity, should prioritize the prevention of waste generation in quantity or danger, through the application of cleaner production practices as well as the use of raw materials and inputs that may arise from the materials recyclable, biodegradable and non-hazardous substances.
SECTION II article 14 waste. (USE OF WASTE).
I. the use of waste is the set of actions that allow the reuse of the same or the reinstatement
the productive cycle of the different resources in the same, to generate benefits to the environment and the economy of the country, through composting, recycling or energy recovery.
II. priority will be given to recycling and composting on energy.
III. to ensure the appropriate use of waste, you must implement separation at source and recycling systems, as well as the installation of infrastructure and equipment according to regulation of the present law. They form part of this process, the collection or waste sorting facilities.
IV. the central level of the State and the autonomous territorial entities, in coordination with the productive sector, implement mechanisms and strategies to promote the optimization of waste, rather than final disposal.
Article 15. (RESPONSIBILITIES OF THE GENERATOR, PRODUCER, DISTRIBUTOR AND TRADER IN THE USE OF WASTE).
I all waste generator must contribute to the implementation of the programs of waste recovery, fulfilling all the provisions relating to packaging, separation, storage, delivery and collection of waste.
II. any producer of consumer goods, should incorporate in their plans for environmental management, strategies and goals of prevention and utilization as well as the necessary mechanisms for the integral management of waste generated by its activity, within the framework of the policies and principles set forth in this law.
III. a dealer or distributor must implement and support actions aimed at the prevention, separation, storage and delivery for the exploitation of the waste generated by its activity.
Article 16. (CONTAINERS, PACKAGING AND PACKING).
I all producer that manufactures packaging, packaging or packaging, shall prioritize the use of biodegradable or recyclable raw materials, promoting that they are returnable.
II. the production of plastic in its different forms of composition, priority should contain raw materials from containers post consumer recycled, according to regulations issued by the Ministry head of sector.
III. any container or recyclable packaging to occur, should be identified with the symbol and codification of relevant recycling, under technical rules issued by the Ministry head of sector IV. Natural or legal, public or private, anyone who conducts activities of marketing or distribution of products, must establish actions aimed to prevent waste generation, giving priority to the use of containers or reusable or biodegradable packaging.
V. All container which has contained substances or hazardous waste and is ruled out, must be considered waste dangerous and managed through appropriate treatment processes, according to regulations issued for that purpose.
Article 17. (RECOVERY AND MARKETING OF WASTE).
I any natural or legal person having as activity recovery or collection of recyclable waste, must have records and authorizations that corresponds, according to the criteria issued by the competent authority.
II. the residues that are recovered for use, should be incorporated into the recycling chain.
III. the industrial sector in coordination with the central level of the State, through the Ministry head of sector, promote the creation of the registry system of supply and demand of recyclable or industrial waste, as part of the integrated waste management information system, to promote the recovery and use of them, through their Exchange or marketing.
Article 18. (RECOVERY OR RECYCLING).
I recognize the activity of natural or legal persons engaged in the recovery of waste through separation, storage, collection or transport for their use and the generation of decent jobs as a form of subsistence.
II. the central level of the State through the Ministry head of sector, in coordination with the autonomous territorial entities, will promote the support to this sector, through formalisation and technical assistance, programs aimed at improving their conditions of work, health and income generation.
SECTION III planning and information for the INTEGRAL management of waste article 19. (PLANNING). The central level of the State and the autonomous territorial entities, shall develop and implement the Integral management of wastes, through policies, programmes or projects of investment, articulated and harmonized with the medium-term planning, in order to contribute to the achievement of outcomes and goals of the long-term planning of the State, within the framework of existing legislation.
Article 20. (INTEGRAL WASTE MANAGEMENT INFORMATION SYSTEM).
I the information system of the Integral management of wastes creates to manage the national and territorial information of the sector, whose design and Administration will be in charge of the Ministry head of sector, which should be integrated into the national environmental information system, subject to regulation.
II. the system must include permanent and updated on the waste generated and valued information, infrastructure and technologies applied to management, information on authorised operators and other aspects that facilitate the achievement of the objectives of this Act and the regulations derived from it.
III. autonomous territorial entities, the operators of waste management and generators of productive activities, providing timely information established in the previous paragraph, to feed the system.
SECTION IV education, communication, science, technology and research in the INTEGRAL management of waste article 21. (INTEGRAL WASTE MANAGEMENT EDUCATION).
I. the educational system multinational in the framework of its subsystems of Regular education, alternative education and special, and higher education in vocational training, must be incorporated through its different structures curricular and programmatic, in the axis of the articulator of cohabitation with mother earth and community health education, the Integral management of wastes.
II. public authorities or private, must incorporate strategies or educational actions aimed to promote awareness and individual awareness and community partner for the Integral management of wastes.
Article 22. (MEDIA).
I media radio, audiovisual communication and writing, public or private, that are providing this service within the plurinational State of Bolivia, will have mandatory form of free advertising space, to raise awareness and inform the population taking into account their characteristics, educational messages about the Integral management of wastes, according to regulations drawn up by the Ministry head of sector , in coordination with the Ministry of communication.
II. the Ministry of communication, will verify compliance with the provisions of this article and impose administrative sanctions in case of non-compliance.
Article 23. (SCIENCE, TECHNOLOGY AND RESEARCH). The State system of science and technology, should include in their programmes the research, development and promotion of the Integral management of wastes.
SECTION V funding for the implementation of the integrated management of waste article 24. (RESOURCES). Resources for treatment of solid waste, industrial and toxic waste, projects shall be exercised and managed in the framework of the political Constitution of the State and the regulations in force.
Article 25. (RESOURCES OF DIRECT TAX TO THE HYDROCARBONS). Pursuant to the protection of the environment, health and basic sanitation policies, departmental and municipal autonomous governments, within the framework of its powers, may assign resources from direct tax to hydrocarbons, for the implementation of the Integral management of wastes.
Chapter III operational management of waste section I stages of the operational management of waste article 26. (OPERATIONAL MANAGEMENT OF WASTE).
I. operational waste management will be developed through regulation approved by the Ministry head of sector, and comprises the following stages: separation.
II. at all stages of the operational management of the waste, must be implemented preventive and control measures that minimize environmental impacts, ensuring the preservation of health and avoiding risks.
III. not dangerous, hazardous and special waste must be managed separately at all stages.
Article 27. (SEPARATION AND STORAGE IN ORIGIN).
I all generator should separate their waste at source, at least in the following groups: organic.
Special and dangerous, when they are generated.
II. the storage of waste, must be met within the site generator or in authorized areas, according to their characteristics, requirements and conditions of separation, packaging, labelling or marking, taking care that there is proper support of the characteristics of the waste, so that will minimize the risks to health and the environment.
III. for the fulfilment of this article, all public or private institutions according to their nature, need to implement containers differentiated, according to the Group of residue that corresponds.
Article 28. (COLLECTION AND TRANSPORTATION).
I. the collection and transport of waste will be according to the separation groups established in the first paragraph of the preceding article.
II. means of transport of waste must have the technical conditions that make them safe and efficient.
III. transportation of waste generated within the country, permitted purposes of use, treatment or final disposal, with the corresponding authorizations and appropriate controls.
Article 29. (COLLECTION FACILITIES OR TRANSFER).
I for the temporary storage of waste, facilities for collection or transfer, depending on the technical and economic conditions in the stages of collection, transport, treatment and disposal, will implement as appropriate.
II. storage facilities for the collection or transfer of waste, must be placed according to technical standards and have the infrastructure and adequate equipment, meeting environmental and safety during construction, operation and closure, conditions laid down by the competent authority.
Article 30. (TREATMENT).
I waste according to their characteristics, should be subjected to treatment processes for their utilization, reduction of dangerous or safe disposal. Part also of treatment, the operations carried out at final disposal in landfill sites.
II. waste treatment, facilities must have appropriate infrastructure and equipment meeting all the technical, environmental and safety conditions during the construction, operation, closure and rehabilitation where appropriate.
III. plants for the treatment of waste, should be designed and implemented according to the characteristics of the waste to be treated.
IV. the treatment of the waste may include biological, mechanical, chemical or thermal, processes maximize its use for purposes of recovery-oriented.
V. Plants for heat treatment, will be implemented only when to ensure efficient energy use or in the case of hazardous waste to reduce its dangerous characteristics.
VI. commercialization of energy generated in treatment plants, must be regulated by the relevant sectoral bodies.
Article 31. (FINAL DISPOSITION OF WASTE).
I. the final disposal of waste, must be done in landfills or other confinement facilities, which must have the infrastructure and equipment according to the type of waste, quantity and volume, meeting all the technical, environmental and safety conditions during its construction, operation and closure. These facilities must first and foremost run for unusable waste.
II. of landfills should be located in places that meet the technical and environmental regulations.
III. the operation of landfills, must be in accordance with technical and environmental standards, once exhausted life useful fillings, they must enter closing processes, post closure and rehabilitation where appropriate, with the corresponding technical and environmental controls carried out by the competent authority.
IV. prohibited the burning of waste final disposal sites, as well as those in technical standard to set it explicitly.
V. Gases and leachates, product of the decomposition of waste treatment or disposal facilities, must be given appropriate treatment, in accordance with current regulations and management processes.
VI. the disposal of hazardous waste, prior treatment, must be expressly authorised by the competent authority, in fillings or security cells that meet the characteristics defined in environmental technical standards.
Article 32. (AREAS FOR TREATMENT FACILITIES OR FINAL DISPOSITION OF WASTE).
I areas for treatment or waste disposal facilities, must comply with the planning of land use and land use, whereas the benefit of the collectivity, on particular interests as a priority.
II. the sites for the construction and operation of infrastructure or facilities of treatment and final disposal of waste, are considered need and public interest, can the territorial entities autonomous, in the framework of their competences, implement the legal regime of expropriation in accordance with current regulations.
III. in cases that may not agree the location of sites for treatment or for the final disposal of waste, the conciliation of the parties will be sought through departmental self-government.
Article 33. (AUTHORIZED OPERATOR).
I any natural or legal person of public or private character that perform services of collection, transportation, treatment or disposal of waste, must arrange registration of authorised operator to the competent authority.
II. any authorized user, must comply with technical, environmental conditions and security, during the provision of the services.
III. authorised operator records and indicators related to its activity, waste management should be incorporated by the competent authority, to the information system of Integral management of wastes.
IV. contracts, agreements or arrangements as appropriate, arising from the provision of services with licensed operators for the operational management of the waste, they must indicate the type of waste according to the classification established in technical standard issued by the Ministry, head of the sector.
SECTION II operational management of municipal, special, industrial and hazardous waste article 34. (OPERATIONAL MANAGEMENT OF MUNICIPAL WASTE).
I. the operational management of municipal waste is within the framework of urban cleanliness and sanitation services.
II. operational management of municipal waste, must be done separately in all its stages and according to the characteristics of each waste, in the framework of the policies and principles set out in this law.
Article 35. (OPERATIONAL MANAGEMENT OF SPECIAL WASTE).
I. the special waste require a run differential, meeting at least the following provisions: storing it at collection points or duly authorized sites.
Perform collection and differentiated transport equipment according to the type of waste.
Prioritize achievement separating hazardous waste that could contain.
II. all home source generator, must meet at least the following provisions: deliver the waste to the recycling systems or authorized collection points.
Assist in gathering campaigns planned by the competent authority.
The costs for the provision of services for the operational management of special waste.
III. special waste from municipal supply, can be managed through the urban toilet or authorized operators, service covering generator costs established by the competent authority, without prejudice to the obligations arising from the extended producer responsibility.
IV. special industrial source waste generator, is responsible for transportation, treatment and final disposition, and may opt for authorised operators, within the framework of the policies of the present law.
Article 36. (OPERATIONAL MANAGEMENT OF INDUSTRIAL WASTE).
I. the operational management of industrial waste is the responsibility of the generator and may be on their own or through operators authorised, complying with the requirements laid down in the sectoral regulations.
II. industrial waste assimilable to home, can be managed through the urban toilet service, covering the generator costs.
III. all generator or operator, where appropriate, must be distinguished from waste management serving the following provisions: separate and store in hazardous, non-hazardous and special industrial waste.
Avoid incompatibility of hazardous waste according to regulations.
The final disposal of industrial waste will be held according to authorization from the current regulations.
Carry out the treatment of own industrial establishments or in treatment facilities, municipal waste or private meeting technical and environmental requirements for the effect;
Control pollution that can generate waste, giving priority to the reduction of its danger and taking advantage of them.
Incorporate the Integral management of wastes as part of the environmental management plan.
Keep a record of hazardous waste that includes the type, composition and amount.
Provide information on waste generation and management at the request of the autonomous territorial entities within their jurisdiction.
The costs for the provision of services for the operational management of industrial waste.
Immediately inform in case of disappearance or spill of hazardous waste, the competent authority.
Others required according to the type of waste, for an effective differentiated management.
Article 37. (OPERATIONAL MANAGEMENT OF HAZARDOUS WASTE).
I. the operational management of hazardous waste is the responsibility of the generator and will be established through regulations issued by the Ministry head of sector.
II. operational management of hazardous waste from productive activities, should be made through authorized operators and comply with the following provisions: separate, label and store hazardous waste in areas or environments that meet safety conditions.
Carry out pre-treatment where appropriate, before delivery to the collection and transportation.
Perform the collection and transport of hazardous waste with the respective transport manifesto, avoiding the incompatibility between these.
Perform treatment processes appropriate to the characteristics of dangerousness of the residue.
Dispose hazardous waste previously treated in licensed facilities.
Ensure the technical conditions of health and safety, during all stages of the operational management of these wastes.
The costs for the provision of services for the management of hazardous waste.
Others required according to the characteristic of the residue, for an effective operational management of hazardous waste.
III. delivery of hazardous waste from productive activities to a licensed operator, must ensure through contracts, records and manifestos of transport which they relate, in order to ensure the safe management of these. In case of default, the generator will be considered responsible for solidarity of the damages which the operator may be caused by inadequate management of these and the sanctions that are applicable.
IV. the export of hazardous waste treatment or disposal purposes, should be framed to treaties, agreements and international conventions ratified by the plurinational State of Bolivia.
V. All generator of hazardous waste from household and similar source, must meet at least the following provisions: deliver to authorized collection points or recycling systems-hazardous waste.
Contribute to the campaigns of collection by the competent authority.
The costs for the provision of services for the management of hazardous waste.
VI. hazardous waste from municipal supply, can be managed through the service of urban toilet, in the framework of the technical and environmental relevant regulations, covering the generator costs established by the competent authority.
VII. the residues of drugs, battery, batteries, light bulbs, lamps, luminaires in disuse, generated in sources of municipal waste, according to technical norms issued by the Ministry head of sector, must be stored in containers differentiated and subsequently handed over to the urban toilet service or deposited in temporary storage centres approved by the competent authority.
VIII. waste indicated in paragraphs VI and VII of the present article, shall be paid to treatment processes in appropriate facilities, without prejudice to the extended producer responsibility, where appropriate. To this end, the central level of the State and the autonomous territorial entities, will promote infrastructure implementation of reach individually or combined treatment.
SECTION III responsibility extended producer article 38. (EXTENDED PRODUCER RESPONSIBILITY).
I. the extended producer responsibility corresponds to a special scheme for integrated waste management, under which producers and distributors are responsible for comprehensive management of its products, to the post consumer phase, when they become waste.
II. the producer or supplier subject to the regime of extended producer responsibility, must meet the following provisions, as applicable to each type of waste: to develop mechanisms of deposit, refund and return or other mechanisms for the recovery and use of waste, assuming the costs that correspond, in coordination with the autonomous territorial entities.
Carry out or participate actively in the Organization of communication campaigns, messages of awareness raising and education for the operational management of these wastes.
Establishing agreements or arrangements with municipal self-governments, to improve systems for the collection and management of waste.
III. This provision applies initially to PET bottles, polythene bags, rims or tyres, batteries or batteries and pesticide containers, which generates waste, according to selective criteria according to installed capacity or volume of distribution according to regulations issued by the Ministry head of sector.
IV. Eastern regime may be extended to other areas by Supreme Decree, according to studies and technical feasibility.
Chapter IV assignment of responsibilities for the implementation of the integrated management of waste article 39. (THE CENTRAL STATE LEVEL RESPONSIBILITIES). The central level of the State through the Ministry head of sector, has the following responsibilities: regulate the implementation of the Integral management of wastes.
Develop and implement the planning of the Integral management of wastes, in coordination with the autonomous territorial entities, in the framework of the national planning system, policies and principles of this Act.
Promote the implementation of projects of integrated management of industrial waste, hazardous and special, coordination with autonomous territorial entities and the productive sector.
Technical assistance for the development of the Integral management of wastes.
Promote and develop programs relating to education, communication, science, technology and research related to the Integral management of wastes.
Develop technical standards for the management of industrial waste, special and hazardous.
Regulate the implementation of extended producer responsibility and authorized operators.
Manage the information system of the Integral management of wastes.
Article 40. (RESPONSIBILITIES OF DEPARTMENTAL AUTONOMOUS GOVERNMENTS). Departmental autonomous governments, within the framework of the regime and policies of this Act, have the following responsibilities: regulate and execute responsibilities assigned in this law in your jurisdiction.
Run the regime and the national policy on the Integral management of wastes.
Establish and implement departmental planning for the Integral management of wastes in accordance with the policies and principles of this law, and national planning.
Include the Integral management of wastes in the planning of departmental development.
Promote the implementation of projects of integrated management of industrial waste, hazardous and special, coordination with the different levels of Government and the productive sector.
Promote or develop programs relating to education, communication, science, technology and research related to the Integral management of wastes.
Assist with the autonomous municipal governments of his Department, in actions that make to the consolidation of sites identified for the implementation of treatment and final disposal of waste infrastructure.
Monitor and track pollution problems caused by the improper management of waste require the corrective and mitigation actions and impose sanctions when they correspond.
Issue the appropriate permits for the operation of facilities of treatment or final disposal of waste, in the framework of the environmental regulations in force.
Check the effective implementation of the technical rules for the integrated management of industrial waste, special and hazardous.
Carry out the technical and environmental control facilities and operators authorized for the operational management of the waste in the municipalities.
Issue authorizations and corresponding records of operators of industrial, hazardous and special waste within the scope of its jurisdiction;
Manage departmental information concerning the implementation of the Integral management of wastes, according to the requirements of the information system of the Integral management of wastes.
Run in coordination with the central State level and local self-governments, the extended producer responsibility.
Providing technical assistance in the Integral management of wastes.
Article 41. (RESPONSIBILITIES OF THE AUTONOMOUS MUNICIPAL GOVERNMENTS). Municipal autonomous governments, within the framework of the regime and policies of this Act, have the following responsibilities, arranged in a way not limited: regulate and execute responsibilities assigned in this law in your jurisdiction.
Run the regime and the national policy on the Integral management of wastes.
Establish and implement municipal planning for the Integral management of wastes, in accordance with the principles and policies of this Act, departmental and national planning.
Include the Integral management of wastes in Municipal development planning.
Develop projects for the implementation of the Integral management of wastes;
Implement and execute projects of Integral management of wastes.
Support the implementation of projects of integrated management of industrial waste, hazardous and special, coordination with the different levels of Government and the productive sector.
Implement projects of closing or sanitation facilities or sites of municipal liability, presenting problems of pollution caused by the inadequate management of the waste.
And monitor follow-up to the pollution problems caused by inadequate waste management, and demand corrective actions of mitigation to the competent environmental authority.
Develop, update and disseminate information concerning the implementation of the Integral management of wastes within their jurisdiction, to feed the information system of Integral management of wastes.
Issue authorizations and corresponding records of authorized operators, which perform services in operational management of municipal waste within its jurisdiction and impose penalties where appropriate, in the field of its competences.
Identify and determine within the land use Plan, the location of sites or spaces for the implementation of final disposal and waste treatment infrastructure.
Article 42. (SECTORAL COORDINATION COUNCIL). With the aim of improving coordination and implement sectoral policies for the Integral management of wastes within the framework of the law Nº 031 July 19, 2010? Law framework of autonomy and decentralization - Andrés Ibáñez?, the sectoral Council of waste, will be created between the central level of the State and the autonomous territorial entities, whose conformation and performance will be established by regulations issued by the Ministry head of the sector.
Chapter V inspection, surveillance, violations and sanctions article 43. (INSPECTION AND SURVEILLANCE).
I all levels of Government in the exercise of its powers and functions, have powers of inspection and surveillance on all productive activities and operational waste management facilities.
II. the register of inspection and surveillance actions developed, are test pre formed for initiation and continuation of administrative processes.
III. measures of prevention, mitigation and remediation is necessary shall be established in those cases which, in exercise of the powers of inspection and surveillance activities that because of inadequate management of wastes, harm or threaten to harm their health or the environment are detected,.
IV. the provisions necessary for the implementation of the regime of inspection and surveillance, and protection measures, correspond to the regulatory development of departmental and municipal, autonomous governments within the framework of their competence, without prejudice to the powers of environmental control of the central level of the State.
Article 44. (MINOR OFFENCES). They are considered minor offences as follows: shed, leave or bury non-hazardous waste on roads or public areas.
Breach the actions of separation and classification of waste non-hazardous in origin, where there is a system of recycling or exploitation established.
Comply with the payment for the provision of waste management services.
Article 45. (GRAVE BREACHES). They are considered serious violations as follows: deposit or abandon waste in unauthorized places.
Burn open not hazardous or special waste.
Provision of operational management of not special or hazardous waste without the appropriate authorization issued by the competent authority.
Skip prevention efforts in the generation and use of waste from productive activities.
Allow entering landfills, domestic animals and consumption, for the purpose of feeding.
Allow entering landfills, of persons for the purposes of the informal gathering.
Failure to comply with the obligations of the extended producer responsibility.
Feed animals for human consumption, with hazardous waste for human health, in final disposal sites.
Article 46. (SERIOUS OFFENCES). The following serious violations are considered: bury, deposit or abandon hazardous waste in unauthorized places.
Open sky or in unauthorized installations burning hazardous waste.
Provision of operational management of hazardous waste, without proper authorization.
The disposal of hazardous waste with non-hazardous waste management systems.
Article 47. (EXTENSION OF INFRINGEMENTS). Levels of Government considered the offences set out in the preceding articles, not limited, and can extend them, within the framework of its competences.
Article 48. (SANCTIONS).
I. the minor, serious or very serious infractions will be sanctioned directly, according to territorial jurisdiction, in accordance with regulations issued by the territorial autonomous entity, being extra implementation of the range of penalties established in this article.
II. when the offence is committed within the territorial jurisdiction of a municipality, the authority competent to apply the penalties regime will be the corresponding municipal self-government.
III. when the offence is committed in more than one municipality, the authority competent to apply the penalties regime will be affected municipal self-governments.
IV. operators authorized for the management of waste are subject to the sanctioning regime established in the legal instruments that authorize their activity and to the environmental regime.
Article 49. (RANGE OF PENALTIES).
I. with regard to the offences described in this chapter, the following penalties are established: N ° offences person Natural person legal 1 Lèves up to half (1/2) existing national minimum wage.
One (1) to four (4) existing national minimum wages.
2 serious two (2) to five (5) minimum wages in national force.
Five (5) to twenty (20) minimum wages in national force.
3. very serious of six (6) to ten (10) minimum wages in national force.
Twenty-first (21) and forty (40) minimum wages in national force.
II. the sanctions referred to in the preceding paragraph, shall apply in proportion to the degree of responsibility of the offenders or the damage or caused threat, as well as recidivism.
III. the payment of the penalties by offenders, does not absolve the responsibility of implementing other measures in the framework of the environmental regulations.
ADDITIONAL PROVISIONS FIRST. Regulatory instruments or any other instrument of assessment and applicable environmental control according to environmental legislation, must undergo a review process and conform to the principles, purposes and provisions of this Act, on the basis of proposals that are drawn up at the request of the Ministry of head of sector, in coordination with the appropriate bodies.
THE SECOND. The Executive branch of the central State, through the competent entities, level must develop or update policy instruments for the management of waste from the activities of the sector hydrocarbons, energy, mining and metallurgy, industrial manufacturing, agribusiness and health facilities, as well as radioactive waste, by regulation sector, within the framework of the policies of the present law.
THIRD. Public and private institutions to stored goods or products considered to be waste, will be the same for its use, treatment or safe final disposal, as appropriate in order of priority, through authorised operators.
-FOURTH. (Paragraph 11 is embodied in article 216 of the law No. 1768 of March 10, 1997, criminal code, with the following text:? 11) it Vertiere leachate generated in sites of final disposition, bodies or water courses, as well as which dispose waste or establish dumps adjacent to bodies or watercourses, affecting human health or food safety and has not implemented corrective and repair.?
QUINTA. Amending article 31 of the law No. 1333 of 27 April 1992, of the environment, with the following text:? Article 31. Prohibited the introduction, deposit and transit through the national territory of toxic, hazardous and radioactive waste or otherwise generated in foreign countries, which, by its nature, constitute a danger to the health of the population and the environment.
Illicit traffic in hazardous waste shall be punished in accordance with the penalties established by law. ?
TRANSITIONAL PROVISIONS FIRST. For the implementation and adequacy of this Act, the central level of the State and the autonomous territorial entities, within the period of one hundred and eighty (180) days from the publication of this law, shall draw up the regulations according to their respective responsibilities laid down in this law.
I dumps and waste-contaminated areas must enter closing, closing technical and environmental sanitation, processes in compliance with current regulations and health protection, within a maximum of five (5) years, according to planning Ministry issued by head of sector.
II. starting from 2016 management, municipal self-governments should be scheduled within its institutional budget, sufficient resources for first start actions conducive to the fulfilment of the provisions of paragraph of this provision.
THIRD. The Ministry head of sector, shall draw up the Plan of implementation of this law, within a maximum of one hundred and eighty (180) days from the publication of this law.
-FOURTH. The identification of hazardous waste is regulated by Supreme Decree, within the period of one hundred and eighty (180) days from the publication of this law.
SOLE ABROGATION AND REPEAL PROVISION. They abrogate and repealing all provisions contrary to this law.
Refer to the Executive Body for constitutional purposes.
Two thousand and fifteen is given in room sessions of the Assembly Legislative plurinational, eight days of the month of October in the year.
FDO. José Alberto Gonzales Samaniego, Lilly Gabriela MONTAÑO Viana, Ruben Medinaceli Ortiz, Maria Argene Simoni Cuellar, A. Claudia ten Torrez, Ginna Mary Torrez Saracho.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, twenty-eight days of the month of October in the year two thousand and fifteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, officials Luis Ferreira Minister of Defense E interim of mining and metallurgy, Luis Alberto Sánchez Fernández, Ana Veronica Ramos Morales, Virginia Velasco Condori, Ariana Campero Nava, María Alexandra Moreira López, Robert Ivan Aguilar Gomez, Cesar Hugo Cocarico Yana Minister of development RURAL and land E interim of economy and finance public, Hugo Jose Siles Nuñez del Prado , Marianela Paco Durán.
Annex law N ° 755 glossary of terms for the purposes of understanding and interpretation of the present law, should use the following definitions: A. productive activity: process that involves human, technological factors and materials for production, processing and Assembly of goods or provision of services.
Waste water: water from domestic, commercial and agricultural uses and industrial processes or a combination thereof with or without aftertreatment to its use.
Waste storage: stage of the operational management of waste in which residues are contained in a container on a temporary basis until its delivery to the collection service for further treatment or disposal.
Electrical and electronic equipment: all equipment needed to run electrical current or electromagnetic fields, as well as equipment required to generate, transfer and measurement of such currents.
Energy use: Oriented treatment to use the residue for the generation of energy as an alternative source.
Urban toilet: municipal public service consisting of storage, scanning and cleaning, collection, transport, transfer, treatment and disposal of municipal solid waste.
B. biodegradable: Product or substance that can be decomposed by the action of biological agents, such as plants, animals, microorganisms and fungi, under natural environmental conditions.
Dump: Place of waste disposal that does not meet technical standards, or regulations environmental, creating or being able to create health or environmental risks.
PET bottle: Container made of material plastic polyethylene terephthalate (PET), which once consumed its content, it becomes waste.
C. recycling chain: set of stages and actors involved in the generation, recovery and transportation of recyclable waste in the industry.
Closing: Suspension definitive site of final disposal or waste treatment installation, for failure to comply with the requirements that establish the corresponding technical rules technical closure of landfills: a waste dump sealing fulfilling the conditions laid down in the relevant technical regulations.
Life cycle of the product: are all the stages of the development of a product, from the procurement of raw materials and inputs, manufacture, Assembly, distribution, marketing and use, to use or disposal of the product once converted into waste.
Composting: Aerobic process controlled decomposition of organic waste, using microorganisms and fauna of the soil to obtain organic fertilizer. They are also of this process activities related with Vermiculture.
D. final disposal: stage of the operational management of waste, which consists of depositing waste in a physical space permanently.
Distributor: Person that he acquires goods from manufacturer or exporter, after importing them sold in domestic market to other distributors or directly to consumers.
E packing: It is any material that contains or protects a product with or without container in order to preserve it and facilitate its delivery to the consumer.
Gasket: Any material, which in the form of box or wrap, is used to condition, present, manipulate, store, preserve and transport goods.
Package: Material used to contain, protect, handle, distribute and present goods, from raw materials to finished products, in any phase of the chain of production, distribution and consumption.
Pesticide container: is the vessel that contains the product to protect it or keep it and facilitates their handling, storage, distribution and presents the identification label.
G management of waste: set of steps relating to the storage, collection, transportation, treatment and disposal of waste, made of differentially according to their characteristics and source of generation, in order take advantage of resources contained in waste and minimize the risks to the environment and health.
Generator of waste: public or private, individual or collective person generating waste as a result of their consumption or production activities.
Operational management: set of technical actions aimed to carry out adequate waste management that involves the separation, storage, collection, transportation, transfer, treatment and final disposal.
L. leachate: Liquid resulting from the decomposition of organic waste in the final disposal site, as well as the infiltration of rainwater through the waste and pollution that can generate.
Tire or tyre: rubber with air Chamber or without it, which is mounted on the metal centerpiece of a wheel.
M. proper handling: are actions carried out by the generator, through storage, clearance and delivery of its waste to a licensed operator, or its collection and transportation to treatment and/or disposal facilities where appropriate, within the framework of existing legislation.
P pretreatment: Are those physical and/or chemical operations that often must be performed on waste, in order to decrease the risks for their dangerousness and facilitate the next steps of your treatment.
Environmental management plan: set of plans which set out in detail the actions that are required to prevent (giving priority to cleaner production practices) mitigate, monitor, compensate and correct possible effects or negative environmental impacts in the development of a productive activity in project or operation.
Treatment plants: are installations where processes mechanical, biological, physical-chemical, thermal, or by combination of these, are modified characteristics of the waste to take advantage of them, stabilize them, reduce their volume, either to get a less hazardous waste for safer transportation and final disposal.
Producer: Any person who carries out productive activities as economic unit.
R recycling: The process that it applies to material or residue, to be reinstated to the production cycle or consumption, as raw material or new product.
Collection: Operation consisting in collecting the waste to be transported to transfer facilities, treatment or confinement or disposal site.
Recycling: operation of waste collection is carried out separately for each type of waste according to its characteristics and nature, with the aim of facilitating your specific treatment.
Recycler or reclaimer: person or association dedicated to the recovery of waste for its use.
Landfill: installation or infrastructure that complies with the technical conditions, sanitary and environmental employee for the final disposal of waste is performed where recreation, placement and compaction of them on a waterproof base, cover with earth or other inert material, handling and treatment of leachate and gases, and vector control in order to avoid contamination of the environment and protect the health of the population.
Filling of safety: installation or infrastructure that meets the technical, sanitary and environmental conditions where can be deposited or confine themselves waste characteristics of dangerousness prior treatment.
Remediation: A set of activities aimed at the removal of pollution or contaminants from the
impacted area, for the protection of human health and the environment.
Waste: Material in solid state, semi-solid or liquid generated in extraction processes, benefit, processing, production, consumption, use, control, repair or treatment, whose generator or holder decides or required to get rid of this one, which can be susceptible to exploitation or required subject to treatment or disposal processes.
Solid waste: materials in State solid or semi-solid from non-hazardous, special or hazardous characteristics, generated in extraction processes, benefit, processing, production, consumption, use, control, repair or treatment, whose generator / holder decides or required to get rid of these, and can be susceptible to exploitation or they require to comply with treatment or disposal processes.
Waste electrical and electronic equipment: are electrical and electronic equipment at the time they are disposed or discarded. This term includes all, consumable components and subassemblies that are part of the product at the time in which it is disposed.
Special waste: are those requiring a special for each type of waste management for its characteristics of volume and composition.
Industrial waste: is waste generated in production activities, whatever their degree of danger.
Industrial waste assimilable to home: are those that even though they are generated in productive activities, because of their characteristics can be managed together with household waste.
Organic waste: includes waste generated mainly in places where activities of kitchen, consumption of food, gardening and pruning of plants, centers for supply of fruits, vegetables and other products generated by the action of the nature. Its main feature is that they can be decomposed by the natural action of organisms such as worms, bacteria and fungi mainly.
Recyclable waste: are all the waste, which can be used as raw material in manufacturing processes of the same product from which it was generated or another product.
Unusable waste: are all the waste that can not be exploited through reuse, recycling, or biological treatment.
Hazardous waste: are those that entail potential risk to humans or the environment, by any of the following characteristics: corrosivity, explosivity, flammability, pathogenicity, radioactivity, reactivity, and toxicity, including containers that had contained them.
Bulky waste: are those wastes which due to its dimensions, weight and characteristics, cannot be managed like the rest of municipal waste and therefore will be object of a type of special collection and different treatment depending on their characteristics. They form this group special waste.
Reuse: Any operation by which turns to use the residue in the State in which it is located.
S. separation at source of waste: operation of segregation or classification of the different types or fractions of waste in the place where they are generated in order to facilitate differentiated collection and then ensure its quality management.
T. waste transport: stage of the operational management whereby the waste are moved from collection points to the facilities of treatment or final disposal, with the frequency and necessary equipment.
Waste treatment: set of operations aimed at the transformation of waste by means of mechanical, biological, physico-chemical or thermal, of waste for the exploitation of the resources contained therein or to reduce its harmfulness; In addition, to the operations performed for safe waste disposal in landfills.
Biological treatment: set of operations aimed at the transformation of organic waste through composting, Vermiculture, or biodigestion through biological processes.
Mechanical treatment: set of operations aimed at recovery, classification or mechanical transformation of recyclable waste.
Physico-chemical treatment: treatment system that uses processes physical and/or chemical to modify the properties of the waste through neutralization, precipitation of heavy metals, the reduction and oxidation of toxic substances or other processes, in order to facilitate the use of the same, as well as the reduction of dangerous and safe final disposal.
Heat treatment: treatment system that uses thermal processes by which the properties of waste are modified for energy use or disposal. Single heat treatment will be considered energy use if this is done with a high degree of energy efficiency or will replace fossil fuels in accordance with best available techniques.
U user: Individual or collective, public or private, anyone who uses the services of operational waste management or benefits from the urban cleaning services.
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