Key Benefits:
law no 755
LAW OF OCTOBER 28, 2015
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has The following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY
DECRETA:
COMPREHENSIVE WASTE MANAGEMENT ACT
CHAPTER I
GENERAL ASPECTS
Article 1. (OBJECT). This Law aims to establish the general policy and the legal regime of the
Integral Waste Management in the Plurinational State of Bolivia, prioritizing prevention for the reduction of the generation of waste, its use and final sanitary and environmentally safe disposal, 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. (MARCO COMPETENCE). This Law is developed within the framework of the competencies
industrial and toxic waste, and treatment of solid waste, as set out in Section 8 and 9 of Article 299 of the Constitution of the State.
Article 3. (REACH).
I. This Law applies to all natural or legal persons, public or private, who generate waste or perform
activities related to waste management, regardless of where they come from and
II. Integral Waste Management from hydrocarbon, energy, mining and metallurgy activities,
manufacturing, agro-industrial and health facilities, as well as waste the radioactive waste will be regulated in accordance with the sectoral rules in the framework of the This Law.
III. It is excluded from this Law, emissions to the atmosphere, industrial wastewater, domestic wastewater
and other effluents that are discharged on sewer or drainage systems.
Article 4. (CLASSIFICATION OF WASTE). The waste is classified by its characteristics, its source of
generation and operational management, according to technical standard issued by the Ministry of Industry head.
Article 5. (DEFINITIONS). For compliance with this Law, the definitions
set out in the Glossary of Terms contained in the Annex, which forms an integral part of this Law, shall be adopted.
Article 6. (PRINCIPLES). The Integral Waste Management is developed in accordance with the principles of Law No.
300 of 15 October 2012,?Mother Earth Framework Law and Integral Development to Live Well?, and the following principles:
Articulation. Integral Waste Management is articulated with the policies of protection of Mother Earth, Water and Sanitation, Education, Environment, Health, Climate Change, Food Security and Risk Management.
Participation. Integral Waste Management should promote the active, conscious, informed and organized participation of the population.
Cleaner production. In the continuous application of a strategy Environmental, preventive and integrated in the production processes, we must promote the transformation of production patterns to reduce the generation of waste in quantity and dangerousness, and facilitate the use of them.
Protection of Health and the Environment. The Integral Waste Management should be directed to the protection of Mother Earth, preventing risks to the health and contamination of water, air, soil, flora and fauna, in accordance with the strategies to fight climate change, for the good of the current and future generations.
Generator Responsibility. Every individual or collective person is responsible for the waste they generate, assuming the costs of their integral management, as well as the contamination that can lead to health or environment, its inadequate management.
Shared Responsibility. Integral Waste Management is social, public and private responsibility; it requires the joint, coordinated and differentiated participation of all its stakeholders.
Sustainability. All activity, work or project for the Integral Management of Waste, must maintain a balance between the needs of human beings and the conservation of natural resources and ecosystems that will sustain the life of future generations.
Article 7. (INTEGRAL WASTE MANAGEMENT). Is understood by Integral Waste Management to the system
comprised of planning, regulatory development, organization, financial sustainability, operational management, environmental, education and Community development for the prevention, reduction, exploitation and final disposal of waste, in a framework of protection of health and the environment.
Article 8. (HIERARCHY OF INTEGRAL WASTE MANAGEMENT).
I. In the application of Integral Waste Management, the central level of the State and the autonomous territorial entities, they must
orient their actions, in order of importance, to:
Prevent to reduce the Waste generation.
Maximizing waste utilization.
Minimizing the final disposal of waste, restricting as much as possible only for those wastes that are not usable.
II. wastes, as well as those who perform the operational management of the waste, must perform their
activities in the order of priority noted in the preceding paragraph.
Article 9. (STATE POLICE). The following State policies are established:
Inter-institutional and intersectoral planning and coordination for Integral Waste Management.
Prevention of waste generation and promotion of change in patterns of production and consumption to reduce the amount and danger of waste.
Use of waste and promote the development of markets for the The marketing and consumption of recyclable products.
A differentiated management of hazardous and special waste.
Closure of sites and remediation of contaminated sites generated by inadequate waste management, and the implementation of sanitary fillers for the final environmental disposition and
Institutional strengthening and capacity building for Integral Waste Management.
Education, awareness and participation of the population in Integral Waste Management.
Promoting regional or joint solutions in Integral Waste Management.
Promoting research and development of technologies for Integral Waste Management.
Generation of information for decision-making and continuous improvement of the Integral Waste Management.
Article 10. (DERACTS). individual or collective person has the following rights:
To enjoy a healthy, protected and balanced environment, free of contamination or risks of deterioration arising from the improper management of waste.
Access to the Integrated Waste Management services in a universal, continuous, equitable, quality and efficient way.
To the effective and timely attention of complaints and requests that are raised as a user of services related to the Integral Management of Waste, in the framework of the regulations
Access to the information of the Integral Waste Management, in the framework of this Law.
To receive education and training for the exercise of their role as an integral Waste Management actor.
Article 11. (OBLIGATIONS). Every natural or legal person has the following obligations:
Meet the regulatory and regulatory provisions in place for the proper management of waste.
Reduce the generation of waste in quantity and danger.
Seating the waste at source.
Depose the waste in authorized sites.
Perform the proper handling of the waste that generates, through authorized or self-employed operators.
Covering costs that involve operational waste management, according to to its characteristics and source of generation.
Reporting behaviors that threaten or affect health, natural resources, and the environment, as a result of inadequate waste management.
CHAPTER II
INTEGRAL WASTE MANAGEMENT
SECTION I
PREVENTING WASTE GENERATION
Article 12. (PREVENTION OF WASTE GENERATION). The prevention of waste generation,
is the set of measures to prevent or reduce their generation in quantity and in danger, by transforming production models, the modification of consumption habits and the sustainable use of natural resources in a framework of protection of health and the environment.
Article 13. (PREVENTING THE GENERATION OF CONSUMER WASTE AND
PRODUCTIVE ACTIVITIES).
I. Every natural or legal person, as a consumer, must prioritize the prevention of waste generation.
II. Every natural or legal person, public or private, who performs any activity productive, must prioritize the
prevention of the generation of waste in quantity or dangerousness, through the application of good practices of cleaner production, as well as the use of raw materials and inputs that come from materials recyclable, biodegradable or non-hazardous substances.
SECTION II
WASTE UTILIZATION
Article 14. (WASTE DISPOSAL).
I. The use of waste is the set of actions that allow reuse of the same or re-incorporation
to the productive cycle of the different resources present in the same, to generate benefits to the the environment and the economy of the country, through composting, recycling or energy use.
II. Priority will be given to recycling and composting on energy use.
III. To ensure the proper use of waste, separation systems must be implemented at source and
collection differentiated, as well as the installation of infrastructure and equipment according to the regulations of this Law. They are part of this process, the waste collection or sorting facilities.
IV. The central level of the State and the autonomous territorial entities, in coordination with the productive sector, will implement the mechanisms and strategies to promote maximum use of waste, rather than its final disposal.
Article 15. (RESPONSIBILITY OF THE GENERATOR, PRODUCER, DISTRIBUTOR, AND
MERCHANT IN WASTE UTILIZATION).
I. Any waste generator shall contribute to the implementation of the waste recovery programmes,
complying with all provisions relating to conditioning, separation, storage, delivery and collection of waste.
II. Every producer of consumer goods, must incorporate in their environmental management plans, strategies and goals of
prevention and use, as well as the necessary mechanisms for the integral management of the waste generated by its activity, within the framework of the policies and principles set out in this Law.
III. Every merchant or distributor shall implement and support actions aimed at prevention, separation,
storage and delivery for the use of the waste generated by its activity.
Article 16. (PACKAGING, PACKAGING AND PACKAGING).
I. Every producer who manufactures packaging, packaging or packaging, must prioritize the use of biodegradable raw materials
or recyclables, promoting these to be returnable.
II. The production of plastic containers in their different forms of composition, priority should contain
raw materials from post-consumption packaging recycled, according to regulations issued by the Ministry of Health sector.
III. Any recyclable packaging or packaging that occurs must be identified with the corresponding
recycling symbol and encoding
under technical standards issued by the Ministry of Industry HeadIV. Any natural or legal person, public or private, who carries out marketing or distribution activities of
products, must establish actions aimed at preventing the generation of waste, prioritizing the use of packaging or packaging reusable or biodegradable.
V. Any packaging that has contained hazardous substances or waste and is discarded, must be considered as waste
dangerous and managed by appropriate processes of treatment, according to rules to be issued to the effect.
Article 17. (RECOVERY AND MARKETING OF WASTE).
I. Any natural or legal person, who has the recovery or collection of recyclable waste as an activity, must count
with the corresponding records and authorizations, according to the criteria issued by the competent authority.
II. The waste that is recovered for use must be incorporated into the recycling chain.
III. The industrial sector in coordination with the central level of the State, through the Ministry of Industry, will promote the creation of the System of Registration of Supply and Demand for Recyclable or Industrial Waste, as part of the System of Integral Waste Management information, to promote the recovery and use thereof, through their exchange or marketing.
Article 18. (RETRIEVER OR RECYCLER).
I. The activity of natural or legal persons engaged in the recovery of waste through separation is recognized,
storage, collection or transport for use and generation of jobs
II.
II. The central level of the State through the Ministry's Head of Sector, in coordination with the territorial entities
, will promote support to this sector through programs of formalisation and technical assistance, aimed at improving their working conditions, health and revenue generation.
SECTION III
PLANNING AND INFORMATION FROM THE
COMPREHENSIVE WASTE MANAGEMENT
Article 19. (PLANNING). The central level of the State and the autonomous territorial entities, will develop
and implement the Integral Waste Management, through policies, programs or investment projects, articulated and harmonized with the In order to contribute to the achievement of the results and goals of the State's long-term planning, in the framework of the current regulations.
Article 20. (INTEGRAL WASTE MANAGEMENT INFORMATION SYSTEM).
I. The Information System of the Integral Waste Management is created to manage the national and territorial information
of the sector, whose design and administration will be in charge of the Ministry of Industry, that will have to be integrated to the National Environmental Information System, subject to regulation.
II. The System must include permanent and up-to-date information on the generated and valued waste, the
infrastructure and technologies applied to its management, information on authorised operators and other aspects which facilitate the achievement of the objectives of this Law and the regulations that result from it.
III. The autonomous territorial entities, the operators of waste management services and activities generators
provide timely provision of the information set out in the previous paragraph, to feed
said System.
SECTION IV
EDUCATION, COMMUNICATION, SCIENCE, TECHNOLOGY AND RESEARCH IN INTEGRAL WASTE MANAGEMENT
Article 21. (EDUCATION IN INTEGRAL WASTE MANAGEMENT).
I. The Plurinational Educational System within the framework of its Regular Education, Alternative Education and
Special Education, and Higher Education Vocational Education systems, must incorporate through its different curricular and programmatic structures, in the articulator axis of education in coexistence with Mother Earth and Community Health, the Integral Management of Waste.
II. Public or private bodies, must incorporate educational strategies or actions aimed at promoting the
awareness and Individual awareness and community partner for Integral Waste Management.
Article 22. (MEDIA).
I. The radio, audiovisual and written media, public or private, that are providing this service
within the Plurinational State of Bolivia, will have mandatory spaces Free of charge, in order to make known and inform the population taking into account their characteristics, educational messages on the Integral Management of Waste, according to the regulations elaborated by the Ministry of sector, in coordination with the Ministry of Communication.
II. It will be responsible for verifying compliance with the provisions of this Article and imposing administrative penalties in the event of non-compliance.
Article 23. (SCIENCE, TECHNOLOGY AND RESEARCH). The State System of Science and Technology,
should include in its programs the research, development and promotion of Integral Waste Management.
SECTION V
FINANCING FOR IMPLEMENTATION
INTEGRAL WASTE MANAGEMENT
Article 24. (RESOURCES). The resources for solid waste treatment projects, industrial waste and
toxic, will be exercised and managed in the framework of the State Political Constitution and current regulations.
Article 25. (RESOURCES OF THE DIRECT TAX ON HYDROCARBONS). In compliance with the
policies for protection of the environment, health and basic sanitation, the autonomous departmental and municipal governments, within the framework of their competences,
CHAPTER III
SECTION I
CHAPTER III
CHAPTER III
SECTION I
STAGES OF OPERATIONAL WASTE MANAGEMENT
Article 26. (OPERATIONAL WASTE MANAGEMENT).
I. The operational waste management will be developed by regulation approved by the Ministry of Industry Head, and
comprises the following stages:
Separation.
Storage.
Collection.
Transport.
Transfer.
Treatment.
Final Disposition.
II. At all stages of operational waste management, preventive and control measures must be implemented
to minimize environmental impacts, ensuring preservation of the environment. health and avoiding occupational risks.
III. Non-hazardous, special and hazardous waste must be managed in a differentiated manner at all stages.
Article 27. (SEPARATION AND STORAGE AT SOURCE).
I. Every generator must separate its waste at source, at least in the following groups:
Organic.
Recyclables.
Unusable.
Special and hazardous, when these are generated.
II. The storage of the waste, must be met within the generator's predium or in authorized areas, according to
its characteristics, requirements and conditions of separation, packaging, labelling or marking, taking care that there is a proper compatibility of the characteristics of the waste, in such a way as to minimise the risks to health and the environment.
III. For compliance with this Article, all institutions public or private according to their nature,
must implement differentiated containers, according to the corresponding residue group.
Article 28. (COLLECTION AND TRANSPORTATION).
I. The collection and transport of the waste will be in accordance with the separation groups set out in Paragraph I of the
Previous article.
II. The means of transport of waste must have the technical conditions that make them safe and efficient.
III. The transport of waste generated within the country, is permitted for use, treatment or
final disposition, with corresponding authorities and due controls.
Article 29. (COLLECTION OR TRANSFER FACILITIES).
I. For temporary storage of waste, facilities for the collection or transfer may be implemented,
depending on the technical and economic conditions in the collection, transport, treatment and final disposition, as appropriate.
II. Storage facilities for the collection or transfer of waste, must be located according to technical standards and have the appropriate infrastructure and equipment, complying with the environmental and safety conditions during its construction, operation and closure, established by the competent authority.
Article 30. (TREATMENT).
I. The waste according to its characteristics must be subjected to treatment processes for its use, reduction
of its dangerousness or safe final disposition. They also form part of the treatment, the operations performed at the final disposal sites in landfills.
II. The facilities for the treatment of waste, must have the infrastructure and equipment appropriate,
meeting all technical, environmental and safety conditions during construction, operation, closure and rehabilitation where appropriate.
III. Plants for the treatment of waste must be designed and implement based on the characteristics of the
waste to treat.
IV. The treatment of waste may include biological, mechanical, physical-chemical or thermal processes, oriented to
maximizing its use for recovery purposes.
V. Plants for the heat treatment, will be implemented only when the energy use is guaranteed with
efficiency or in the case of hazardous waste is reduced its hazardous characteristics.
VI. generated in treatment plants, should be regulated by the
competent.
Article 31. (FINAL DISPOSAL OF WASTE).
I. The final disposal of the waste, must be carried out in landfills or other confinement facilities, the
which must have the infrastructure and equipment according to the type of waste, quantity and volume, fulfilling all technical, environmental and safety conditions during its construction, operation and closure. These facilities should be primarily operational for non-usable waste.
II. Health fillers must be located in places that meet the current technical and environmental standards.
III. functioning of the sanitary fillers, it must be done according to technical and environmental standards, once
exhausted the life of the fillers, these must enter into processes of closure, post closure and rehabilitation where appropriate, with the corresponding technical and environmental controls carried out by the authority competent.
IV. The burning of waste is prohibited in final disposition sites, as well as in those where the technical standard
expressly states.
V. The gases and leachate, the product of the decomposition of waste in treatment or disposal facilities
final, must have adequate handling and treatment processes, in accordance with current regulations.
VI. The disposal of hazardous waste, after treatment, must be expressly authorized by the competent
authority, in fillers or security cells that meet the characteristics defined in environmental technical standards.
Article 32. (AREAS FOR TREATMENT FACILITIES OR FINAL DISPOSITION OF
WASTE).
I. The areas for treatment facilities or final disposal of waste, must comply with the planning of
territorial planning and use of soils, considering the benefit of the community as a priority,
II.
II. Sites for the construction and operation of infrastructure or treatment facilities and final disposal facilities,
are considered to be of necessity and public utility, and may be (i) the right to apply the right to the right of legal regime of expropriations under current regulations.
III. In cases where the location of sites for the treatment or for the final disposal of waste cannot be agreed, reconciliation of the parties through the departmental autonomous government will be sought.
Article 33. (AUTHORISED OPERATOR).
I. Any natural or legal person of a public or private nature, who performs collection, transport,
treatment or final disposal of waste, must process its authorized operator registration, before the competent authority.
II. Any authorized operator, must comply with the technical, environmental, and security conditions during the service
capability.
III. The authorized operator records and the waste management indicators related to your activity, must be
incorporated by the competent authority, to the Integrated Waste Management Information System.
IV. The contracts, agreements or conventions as appropriate, resulting from the provision of services with the
operators approved for the operational management of the waste, shall indicate the type of residue according to the classification established in technical standard issued by the Ministry's 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 grooming and sanitation services
.
II. The operational management of municipal waste must be carried out in a differentiated manner at all stages and according to the
characteristics of each residue, in the framework of the policies and principles established in this Law.
Article 35. (OPERATIONAL MANAGEMENT OF SPECIAL WASTE).
I. Special waste requires differentiated management, at least the following provisions:
Make storage at collection points or properly authorized sites.
Perform differentiated collection and transport, with equipment according to the type of waste.
Prioritize the use of separating the hazardous wastes that they might contain.
II. All home-source generator, must meet at least the following provisions:
Deliver special waste to collection systems
collection campaigns scheduled by the competent authority.
Cover costs for the provision of services for the operational management of special waste.
III. Special municipal source waste, may be managed through the urban grooming service or
authorised operators, covering the generator the corresponding costs established by the competent authority, without prejudice to the obligations arising from the liability Producer Extended.
IV. The industrial source special waste generator, is responsible for its transport, treatment and final disposal,
being able to opt for authorized operators, in the framework of the policies of this Law.
Article 36. (OPERATIONAL MANAGEMENT OF INDUSTRIAL WASTE).
II. Industrial waste that is equivalent to home addresses, can be managed through the urban grooming service,
covering the generator the corresponding costs.
III. All generator or operator, when (i) a differentiated management of waste must be carried out by complying with the following provisions:
Separate and store hazardous, non-hazardous and special industrial waste.
Avoid the incompatibility of hazardous waste according to regulations.
The final disposal of industrial waste will be carried out in accordance with current regulations.
Perform the treatment of the waste in the industrial establishments or in treatment facilities, municipal or private, meeting the technical and environmental requirements for the effect;
Control the contamination that can be generated by its waste, prioritizing the reduction of its dangerousness and the use thereof.
Incorporate Integral Waste Management as part of the plan environmental management.
Bring a record of hazardous waste that includes the type, composition, and quantity.
Provide information about the generation of waste and its management at the request of its autonomous territorial entities jurisdiction.
Cover costs for the provision of services for the operational management of industrial waste.
Immediately report in case of disappearance or spill of hazardous waste, to the authority competent.
Other that are required according to the type of residue, for 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 by regulation
issued by the Ministry of Industry Head.
II. The operational management of waste hazardous from productive activities, must be performed through
authorized operators and comply with the following provisions:
Separate, label and store hazardous waste in areas or environments that meet security conditions.
Perform pre-treatment where applicable, prior to delivery for collection and transportation.
Perform hazardous waste collection and transport with the respective transport manifest, preventing incompatibility between these.
Performing appropriate treatment processes hazardous waste.
Dispose previously treated hazardous waste in authorized facilities.
Ensuring technical safety and health conditions, during all stages of operational management of
Covering the costs for the provision of services for the operational management of hazardous waste.
Other that are required according to the residue feature, for effective operational management of hazardous waste.
III. hazardous waste from productive activities to an authorised operator, must
be secured by means of contracts, registers and transport manifests which correspond, in order to ensure the safe management of these. In the event of non-compliance, the generator shall be held responsible for the damages that the operator may cause for the improper management of these and the applicable penalties.
IV. The export of waste dangerous for the purposes of treatment or final disposal, should be framed to the treaties,
international agreements and conventions ratified by the Plurinational State of Bolivia.
V. All generator of hazardous waste of source home and similar, must meet at least the following
provisions:
Deliver hazardous waste to the differentiated collection systems or authorized collection points.
Coassist in the collection campaigns scheduled by the competent authority.
Cover the costs for the provision of services for the operational management of hazardous waste.
VI. Hazardous municipal source waste, may be managed through the urban grooming service, in the framework
corresponding technical and environmental, covering the generator the costs established by the competent authority.
VII. Waste of drugs, batteries, batteries, bulbs, lamps, disused luminaries, generated in sources of
municipal waste, according to the technical standard issued by the Ministry Head of Sector, shall be stored in separate containers and subsequently delivered to the urban toilet service or deposited in temporary collection centres approved by the competent authority.
VIII. The waste referred to in paragraphs VI and VII of this Article, they must enter
processing in appropriate facilities, without prejudice to the Producer's Extended Responsibility, where appropriate. To this end, the central level of the State and the autonomous territorial entities will promote the implementation of treatment infrastructures with individual or joint reach.
SECTION III
EXTENDED RESPONSIBILITY OF THE PRODUCER
Article 38. (EXTENDED PRODUCER RESPONSIBILITY).
I. The Producer's Extended Responsibility corresponds to a special comprehensive waste management regime, as
to which producers and distributors are responsible for the overall management of their products, until the post-consumption phase, when they become waste.
II. The producer or distributor subject to the Producer's Extended Liability regime, must comply with the following provisions, as applicable to each type of waste:
Develop deposit, return, and return or other mechanisms for the recovery and use of the waste, assuming the corresponding costs, in coordination with the autonomous territorial entities.
Perform or actively participate in the organization of communication campaigns, awareness messages and education for the operational management of these wastes.
Establishing agreements or agreements with municipal autonomous governments to improve the systems for the collection and management of waste.
III. This provision is initially applied to PET bottles, polyethylene bags, tires or tyres, batteries and
orbatteries and packaging, the use of which generates waste, according to selective criteria according to installed capacity or volume of distribution according to regulations issued by the Ministry of Industry Head.
IV. This regime may be extended to other categories by Supreme Decree, according to studies and feasibility
technique.
CHAPTER IV
ALLOCATION OF RESPONSIBILITIES FOR IMPLEMENTATION
OF INTEGRAL WASTE MANAGEMENT
Article 39. (RESPONSIBILITIES OF THE CENTRAL LEVEL OF THE STATE). The central level of the State to
through the Ministry's Head Ministry, has the following responsibilities:
Regular implementation of the Integral Management of Waste.
Develop and implement the Integrated Waste Management planning, in coordination with the autonomous territorial entities, within the framework of the national planning system, the policies and principles of this Law.
Promote the execution of Integrated Management of Industrial, Dangerous and Special Waste Management projects in a coordinated way with the autonomous territorial entities and the productive sector.
Prestate technical assistance for the development of Integral Waste Management.
Promote and develop programs related to education, communication, science, technology and research related to Integral Waste Management.
Elaborate technical regulations for Integral Waste Management Industrial, Special and Dangerous.
Regular application of the Extended Responsibility of the Producer and authorized operators.
Manage the Integrated Waste Management Information System.
Article 40.
departmental autonomous governments, within the framework of the regime and the policies of this Law, have the following responsibilities:
Reglamenting and executing in his jurisdiction the responsibilities assigned in this Law.
Run the regime and national policy regarding Integral Waste Management.
Establish and implement departmental planning for Integral Waste Management in accordance with the policies and principles of the This law, and national planning.
Include Integral Waste Management in Departmental Development Planning.
Promote the implementation of Comprehensive Industrial, Dangerous and Special Waste Management projects, in a coordinated manner with the different levels of government and the productive sector.
Promote or develop programs related to education, communication, science, technology and research related to Integral Waste Management.
Coassist with the municipal autonomous governments of its department, in the actions to be undertaken for the consolidation of identified sites for the implementation of treatment infrastructures and final disposal of waste.
Monitoring and monitoring pollution problems caused by the inadequate management of waste, requiring corrective actions and mitigation, and impose sanctions when they correspond.
Issue the corresponding authorizations for the operation of the treatment facilities or final disposal of waste, in the framework of the current environmental regulations.
Control the effective compliance of the technical regulations for the Integral Management of Industrial, Special and Dangerous Waste.
Perform the technical and environmental control of the facilities and authorized operators for the management the operational waste in the municipalities.
Issue the authorizations and corresponding records of special, industrial and hazardous waste operators within the scope of their jurisdiction;
Administer departmental information regarding implementation of management Integral Waste, according to the requirements of the Integrated Waste Management Information System.
Run in coordination with the central level of the State and with the municipal autonomous governments, the Producer's Extended Responsibility.
Provide technical assistance in Integral Waste Management.
Article 41.
RESPONSIBILITIES OF MUNICIPAL AUTONOMOUS GOVERNMENTS).Autonomous municipal governments, within the framework of the regime and the policies of this Law, have the following responsibilities, set forth in an enunciative manner and not limiting:
Reglamenting and executing in your jurisdiction the responsibilities assigned in this Law.
Running the regime and national policy regarding Integral Waste Management.
Establishing and implementing the Municipal planning for the Integral Management of Waste, in agreement with the principles and policies of this Law, departmental and national planning.
Include Integral Waste Management in Municipal Development Planning.
Develop projects for implementation of Management Waste Integral;
Implement and execute Integrated Waste Management projects.
Support the implementation of Integrated Management of Industrial, Dangerous and Special Waste Management projects in a coordinated way with the different levels of government and the productive sector.
Implement closure projects or (a) sanitation of municipal facilities or sites of responsibility, which present pollution problems caused by inadequate waste management.
Monitoring and monitoring of pollution problems caused by the inadequate management of waste, and require corrective and mitigation actions to the Environmental Authority.
Develop, update and disseminate information regarding the implementation of Integral Waste Management in its jurisdiction, to feed the Integral Management Information System Waste.
Issue the authorizations and corresponding records of authorized operators, who perform services in the operational management of municipal waste within their jurisdiction and impose penalties where appropriate, in the field of their competencies.
Identify and determine within the Territorial Ordering Plan, the location of sites or spaces for the implementation of final disposal and waste treatment infrastructures.
Article 42. (COUNCIL OF SECTORAL COORDINATION). For the purpose of improving coordination and
materialize the sectoral public policies for the Integral Management of Waste, under Law No. 031 of 19 July 2010,?The Framework Law on Autonomy and Decentralization-Andrés Ibanez?, will be created the Sectoral Council of Waste, between the central level of the State and the autonomous territorial entities, whose conformation and functioning will be established by
CHAPTER V
INSPECTION, SURVEILLANCE, VIOLATIONS AND SANCTIONS
ARTICLE 43. (INSPECTION AND SURVEILLANCE).
I. All levels of government in the exercise of their duties and functions, have inspection and surveillance powers
on all productive activities and facilities for operational waste management.
II. The recording of the developed inspection and surveillance actions, are constituted as a pre-constituted test for
beginning and continuing administrative processes.
III. In those cases, which, in exercise of the powers of inspection and surveillance, activities to be detected cause of
improper management of waste, damage or threaten to harm health or the environment, the prevention, mitigation and remediation measures deemed necessary will be established.
IV. necessary for the implementation of the inspection and surveillance regime, and of the measures of
protection, correspond to the regulatory development of the autonomous departmental and municipal governments, within the framework of their competences, without damage to the environmental control powers at the central level of the State.
Article 44. (MINOR INFRACTIONS). The following are considered minor infractions:
Rice, abandon or bury non-hazardous waste in roads or public areas.
Incompliance with the separation and classification actions of non-hazardous waste at source, when there is a differentiated collection system or
Incompliance with payment for the provision of the waste operational management services.
Article 45. (SERIOUS INFRACTIONS). The following are considered serious violations:
Deposit or abandon special waste in unauthorized places.
Set Bakers.
Burning non-hazardous or special waste to the open sky.
Provide operational management services for non-hazardous or special waste, without the corresponding authorization issued by the competent authority.
Omit prevention actions in the generation and use of waste by part of the productive activities.
Allow income to Sanitary, domestic, and consumer animal fillers, for feeding purposes.
Allow entry to sanitary fillers, persons for informal collection purposes.
Failure to comply with the obligations of the Liability Extended Producer.
Feed animals for human consumption, with hazardous waste for human health, at final disposal sites.
Article 46. (SERIOUS INFRINGEMENTS). The are considered to be the following:
Burying, depositing or abandoning hazardous waste in unauthorized locations.
Burning to open skies or in unauthorized hazardous waste facilities.
Preserving hazardous waste operational management services, without the authorization.
The disposal of hazardous waste through non-hazardous waste management systems.
Article 47. (EXTENSION OF VIOLATIONS). The levels of government will consider the violations
set forth in the preceding Articles, in an enunciative and non-limiting manner, and may extend the same, within the framework of their competencies.
Article 48. (SANTIONS).
I. The minor, serious or serious infractions will be punished directly, according to the territorial jurisdiction,
according to regulations issued by the autonomous territorial entity, the application of the scale of sanctions set out in the following Article.
II. When the violation is committed in the territorial jurisdiction of a municipality, the competent authority to apply the
sanctioning regime shall be the corresponding municipal autonomous government.
III. In more than one municipality, the competent authority to apply the regime
sanctioning will be the municipal autonomous governments affected.
IV. Authorized waste management operators will be subject to the sanctioning regime established in the
legal instruments that authorize their activity and the current environmental regime.
Article 49. (SANCTIONS SCALE).
I. Regarding the violations described in this Chapter, the following sanctions are established:
N ° Natural Person Violations Legal Person
1 Mild To Medium (1/ 2) National Minimum Wage
From one (1) to four (4) national minimum wages in place.
2 Graves From two (2) to five (5) national minimum wages in place.
From five (5) to twenty (20) national minimum wages in place.
3 Gravitas From six (6) to ten (10) national minimum wages in place.
From twenty one (21) to Forty (40) national minimum wages in force.
II. The penalties outlined in the preceding paragraph shall be applied in a manner commensurate with the degree of responsibility
of the offenders or the damage or threat occasioned. how recidivism.
III. The payment of penalties by offenders, does not absolve the responsibility of applying other measures in the framework
of environmental regulations.
ADDITIONAL provisions
FIRST. The regulatory instruments or any other instrument of environmental assessment and control
applicable according to current environmental legislation, must undergo a review process and conform to the principles, purposes and provisions of this Law, based on proposals to be developed at the request of the Sector Head Ministry, in coordination with the corresponding instances.
SECOND. The Executive Body of the central level of State, through the competent entities, must
elaborate or update the normative instruments for the management of waste of the activities of the field hydrocarbons, energy, mining and metallurgy, industrial manufacturing, agroindustrial and health facilities, as well as radioactive waste, through sector regulation, in the framework of the policies of this Law.
THIRD. Public institutions and private storage of goods or products considered to be waste,
will be used for their use, treatment or final disposition, as appropriate, in order of priority, through authorized operators.
FOURTH. The numeral 11 to Article 216 of Law No. 1768 of March 10, 1997, Penal Code,
with the following text:
? 11) Vertiere leachate generated at final disposal sites, in bodies or courses of water, as well as waste or set up adjacent to bodies or water courses, affecting human health or food security, and has not implemented corrective and repair measures.?
QUINTA. Article 31 of Law No. 1333 of 27 April 1992, of the Environment, is amended with the
following text:
? Article 31. The introduction, deposit and transit through national territory of toxic, dangerous, radioactive or other waste generated in foreign countries, which by its characteristics constitute a health hazard, is prohibited. of the population and the environment.
Illicit traffic in hazardous waste will be sanctioned in accordance with the penalties established by law. ?
TRANSIENT PROVISIONS
FIRST. For the implementation and adaptation of this Law, the central level of the State and the entities
autonomous territorial, within one hundred and eighty (180) days from the publication of this Law, will draft the regulations corresponding to their respective responsibilities set forth in this Law.
SECOND.
I. Waste contaminated sites and areas must enter decommissioning, technical closure and sanitation processes
environmental, in compliance with current regulations and health protection, within a maximum of five years. (5) years, according to the planning issued by the Ministry of Industry Head.
II. From the 2016 management, municipal autonomous governments must program within their institutional budget,
sufficient resources to initiate actions conducive to compliance with what is established in the first paragraph of this disposition.
THIRD. The Ministry's Ministry of Head, will draft the Plan of Implementation of this Law, within a period
maximum of one hundred and eighty (180) days from the publication of this Law.
FOURTH. The identification of waste dangerous will be regulated by Supreme Decree, within the period of
one hundred and eighty (180) days from the publication of this Law.
OPENING AND ABROGATORY PROVISION
ONLY. All provisions contrary to this Law shall be abrogated and repealed.
Remit to the Executive Body for constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, eight days in October of the
year two thousand fifteen.
Fdo. Jose Alberto Gonzales Samaniego, Lilly Gabriela Montano Viana , Ruben Medinaceli Ortiz, Maria Argene
Simoni Cuellar, A. Claudia Torrez Diez, Ginna Maria Torrez Saracho.
Therefore, it was enacted so that it has and will comply as the Law of the Plurinational State of Bolivia.
Palace of Government of the city of La Paz, at the twenty-eight days of the month of October of the year two thousand fifteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Reymi Luis Ferreira DEL
DEFENSE AND INTERIM MINING AND METALLURGY, Luis Alberto Sanchez Fernandez, Ana Veronica Ramos Morales, Virginia Velasco Condori, Ariana Campero Nava, Maria Alexandra Moreira Lopez, Roberto Ivan Aguilar Gomez, Cesar Hugo Cocarico Yana MINISTER OF RURAL DEVELOPMENT AND LAND AND ACTING ECONOMY AND PUBLIC FINANCE, Hugo José Siles Núñez del Prado, Marianela Paco Duran.
ANNEX LAW N ° 755
GLOSSARY OF TERMS
For the purposes of understanding and interpreting this Law, the following definitions must be used:
A.
Productive activity: Process involving human, technological, and material factors for
production, transformation, and assembly of goods or service provision.
water: Water from domestic, commercial, agricultural, and industrial processes
or a combination of them with or without treatment after use.
Waste storage: Stage the operational management of the waste in which the waste is contained
in a container temporarily until delivery to the collection service for subsequent treatment or final disposal.
Electrical appliances and electronics: All appliances that are in need of current Electrical or fields
electromagnetic, as well as the devices needed to generate, transmit and measure these currents.
Energy Use: Treatment oriented to use the waste for power generation as
alternative source.
Urban area: It is the municipal public service consisting of storage, sweep and cleaning, collection,
transport, transfer, treatment and final disposal of municipal solid waste.
B.
Biodegradable: Product or substance that can be broken down by the action of biological agents, such as plants,
animals, microorganisms and fungi, under natural environmental conditions.
Botadero: Place of final disposal of waste that does not comply with technical standards, or provisions
in force, creating or being able to create health or environmental risks.
PET bottle: Envase made of polyethylene plastic material Terephthalate (PET), which once consumed its
content, is turns to waste.
C.
Recycling Chain: Set of stages and actors involved during generation, recovery, transport, and
harnessing recyclable waste in the industry.
Closing: Final Suspension of a final disposal site or waste treatment facility, for failure to comply with the requirements set by the relevant technical regulations
Bout Technical Closure: Selside of a bottom line meeting the conditions set in the corresponding technical regulations.
Product Lifecycle: They are all stages of product development, from the acquisition of material
premium and inputs, manufacture, assembly, distribution, marketing and use, until its use or disposal of the product once converted into waste.
Composting: Controlled aerobic process Breakdown of organic waste by micro-organisms
and soil fauna for obtaining organic fertilizer. Activities related to earthwork are also included in this process.
D.
Final Disposition: The stage of the operational management of the waste that consists of permanently depositing the
waste into a physical space.
Distributor: Person acquiring the manufacturer's merchandise or exporter, for after importing
selling them on internal market to other distributors or directly to consumers.
E.
Packaging: It is any material that encloses or protects a product with or without packaging in order to preserve it
and facilitate its delivery to the consumer.
Packaging: Any material, which in the form of a box or wrapper, is used to condition, present,
manipulate, store, preserve, and transport a commodity.
Envase: Material used to contain, protect, manipulate, distribute and present goods, from materials
premiums to finished products, at any stage of the chain manufacturing, distribution, and consumption.
Pesticide packaging: It is the container that contains the product to protect or preserve it and facilitates its
handling, storage, distribution and presenting the label identification.
G.
Differentiated Waste Management: Set of stages relative to storage, collection, transport,
treatment and disposal of waste, performed in a differential manner according to its characteristics and source generation, in order to take advantage of the resources contained in the waste and minimize the risks to the environment and health.
Generator of waste: Individual or collective person, public or private, that generates waste as a result
of your consumption or production activities.
Management Operational: A set of technical actions aimed at the proper management of the waste that
involves separation, storage, collection, transport, transfer, treatment and final disposal.
Lixiviate: Liquid resulting from the decomposition of the organic residue disposed at the final disposal site,
as well as the infiltration of the pluvial water through the waste and which can generate contamination.
Full or Pneumatic: Rubber piece with or without air chamber, which is mounted on the metal part
central of a wheel.
M.
Proper handling: These actions are performed by the generator, by storing, separating, and
delivering its waste to an authorized operator, or its collection and transportation to the treatment and/or final disposition where applicable, in the framework of the current regulations.
P.
Pretreatment: These are those physical and/or chemical operations that are often to be carried out on
waste, so as to reduce the risks due to its dangerousness and facilitate the next steps in its treatment.
Environmental management plan: Set of plans that set out in detail the actions required
to prevent (prioritizing cleaner production practices) mitigate, control, compensate and correct the possible negative environmental effects or impacts caused by the development of a productive activity in project or operation.
Treatment plants: Are those facilities in which, by means of mechanical, biological, physical-
chemical processes, thermal or by combination, the characteristics of the waste to be used,
stabilize them, reduce their volume, or obtain a less hazardous waste to safely perform their transport and final disposal.
Producer: Everyone who as an economic unit performs activities production.
R.
Recycling: Process that applies to the material or waste, to be reinstated to the production or consumption cycle,
as raw material or new product.
Collection: Operation consistent in collecting the waste generated to be transported to
facilities transfer, treatment, or a confinement or final disposition site.
Differentiated collection: Waste collection operation that is performed separately for each type of
waste according to its characteristics and nature, with the goal of facilitating your specific treatment.
Recovering or Recycler: Person and/or association dedicated to the recovery of waste for use.
Healthcare filler: Installation or infrastructure that meets the technical, sanitary and environmental conditions
used for the final disposal of waste where the spreading, accommodation and compaction of the same on an impermeable basis, the cover with soil or other inert material, the handling and treatment of leachate and gases and, vectors in order to prevent contamination of the environment and protect the health of the population.
Safety Fill: Installation or infrastructure that meets the technical, sanitary and
environmental conditions where they can
Remediation:
set of activities aimed at the elimination of pollution or pollutants from the
impacted area, for the purpose of protection of human health and the environment.
Residue: Solid state material, semi-solid or liquid generated in extraction processes, profit,
transformation, production, consumption, use, control, repair or treatment, whose generator or holder decides or requires to be disposed of, which may be capable of being used or required to be subject to treatment or final disposal processes.
Solid waste: Solid or semi-solid state materials of non-hazardous, special or dangerous characteristics,
generated in extraction, profit, transformation, production, consumption, use, control, repair, or
treatment, the generator or holder of which decides or requires the disposal of these, and may be capable of being used or required to be subject to treatment or final disposal processes.
Waste electrical appliances and electronics: Are electrical or electronic devices at the time they are discarded or discarded. This term comprises all of the components, consumables, and subassemblies that are part of the product at the time it is discarded.
Special Waste: These are those that are required by their volume and composition characteristics of a management
special for each type of waste.
Industrial wastes: Are the waste generated in productive activities, whatever their degree of
dangerousness.
Industrial waste to be assimilated to households: These are those that are generated in activities
, because of their characteristics they can be managed in conjunction with household waste.
Organic waste: Comprises waste generated primarily in places where activities are performed
cooking, food consumption, gardening and pruning of plants, fruit plants, vegetables or other products generated by nature's action. Their main characteristic is that they can be broken down by the natural action of living organisms such as earthworms, bacteria and fungi mainly.
Recyclable waste: They are all waste, which can be used as raw material in processes of
making the same product from which it was generated or from another product.
Unusable waste: It is all waste that cannot be exploited by reuse,
recycling or biological treatment.
Hazardous waste: These are those that carry potential risk to humans or to the environment, by possessing
any of the following characteristics: corrosivity, explosiveness, flammability, pathogenicity, radioactivity, reactivity and toxicity, including packaging that
voluminous waste: They are waste that because of its dimensions, weight and characteristics, cannot be
managed like the rest of the municipal waste and therefore they will be the object of a type of special collection and a different treatment depending on its characteristics. Special wastes form this group.
Reuse: Any operation by which the residue is reused in the state in which it is located.
S.
Separation at source of waste: Operation of segregation or classification of different typologies or fractions
of waste in the place where they are generated for the purpose of facilitating their differentiated collection and subsequently ensure its quality utilization.
T.
Transport of waste: Stage of operational management by which waste is moved from
collection points to treatment or final disposal facilities, with frequency and equipment required.
Waste Treatment: Set of operations to transform waste by methods
mechanical, biological, physical-chemical or thermal, of waste for the use of resources content in them or in order to reduce their danger; also to operations made for the safe final disposal of waste in sanitary fillers.
Biological treatment: A set of operations for the transformation of organic waste to
through biological processes through composting, earthworm, or biodigestion.
Mechanical treatment: A set of operations for the recovery, classification, or transformation
mechanical of the recyclable waste.
Treatment physico-chemical: Treatment system that uses physical and/or chemical processes to modify the
properties of the residues, by neutralization, precipitation of heavy metals, reduction and oxidation of toxic substances or other processes, in order to facilitate the use thereof, as well as the
treatment: Treatmentthat uses thermal processes by which the
properties of the waste for energy use are modified. or for their final disposal. Heat treatment will only be considered energy use if it is achieved with a high degree of energy efficiency or if fossil fuels are substituted according to the best available techniques.
U.
User: Any individual or collective, public or private person, who uses the operational management services
of waste or benefits from urban grooming services.
