It Sanctions The Transport Of Wastes To Landfills Clandestine

Original Language Title: SANCIONA EL TRANSPORTE DE DESECHOS HACIA VERTEDEROS CLANDESTINOS

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"Sole article.-Introducense in the law No. 18.290, of transit, the revised, coordinated and systematized text was fixed in the decree with force of law No. 1 of the ministries of transport and telecommunications and justice, enacted in 2007 and published in 2009, the following articles 192 bis, 192 ter and quater 192:" article 192 bis-who order or perform "" using motorized and non-motorized vehicles or animal traction, transport, transfer or deposit of waste, waste or waste of any kind to or on the public highway, terrains, in landfills or deposits clandestine or illegal, or sites in the national assets for public use, shall be punished as follows: fine of 2 to 100 monthly tax units who have the transfer or deposit provided that any of them has been performed. The same punishment shall apply to the owner of the motor vehicle with which make transport, transfer, or deposit, except that it shows that the vehicle was taken without his knowledge or permission express or implied;

A fine of 2 to 50 monthly tax units who perform the deposit or transfer driving motor vehicles. In addition, it punishable by suspension of driver's license and inability to obtain it for up to two years;

A fine of 0.2 to 1 monthly tax unit and bogie removal and tools to drive an animal-drawn vehicle. The animal will be delivered to who was driving the car;

With the same previous fine and removal of the vehicle manual traction who will lead it or who perform the transfer in non-motorized vehicle, and with a fine of 20 to 150 units per month, if undertakes or carries out transport, transfer, or deposit of waste, toxic, hazardous or infectious in any type of vehicle tax. Additionally, shall be punished with lower in your middle grade presidio and the suspension of driver's license and inability to obtain it for up to two years.

Imposed offenders of the behaviors described above, at least double the fine established as a basis for each behavior. In addition, where appropriate, suspend again the license, at least for a minimum of six months and up to two years.

Vehicles and species that in the described situations will be removed from circulation by Carabineros de Chile, putting them at the disposal of the competent court in the places covered by the municipalities for this purpose, apply the offender provisions in the second and third subparagraphs of article 156 of this law.

The municipality of the commune where transit vehicle that is withdrawn from circulation, by Yes or through third parties, must download the trash, waste or waste and transfer them to authorized landfills. The offender, whether the owner of the vehicle, motorized or non-motorized, which order or perform, you must pay the fine and costs associated with the transfer and disposal of trash, waste or waste incurred by the municipality. The vehicle that is withdrawn from circulation in accordance with the preceding subparagraph only will be returned to the owner upon receipt of proof of payment of the respective fines and costs associated with the transfer and disposal of trash, waste or residue.

Municipalities will dictate an Ordinance governing authorizations to transport garbage, waste, debris or waste of any kind, establishing the requirements and the procedure for granting this authorization and an obligation to carry it in the vehicle, where appropriate. The designated transport shall be governed by the provisions of the Ordinance for the commune where it generates waste, waste, waste or debris. The foregoing is without prejudice to the other requirements and authorizations that are required, in compliance with the regulations in force.

Also, for institutions of the State and municipalities, they should demand collectors of waste and inert solid waste vehicles the respective authorization of the director of the area of the institution who aware of the existence of the contract of disposal which indicate that the ultimate destiny of waste will be a sanitary landfill or a legally authorized landfill.

Article 192. ter-transport and removal of rubble in containers or bags will be covering the load in a way that is both recreation, dispersion of materials or dust during his transfer and they fall off their respective transport. Which carry out transport without the measures indicated must pay a fine of up to 3 monthly tax units.

In any case, the natural or legal person who has the authorization to transport debris shall communicate in writing to the municipality which will be the number of cubic meters of rubble that will be placed, its nature and composition, mode and means to be used in the removal, transport them and their place of destination.

Article 192.-any person who surprised or detect the behaviors described in the articles 192 bis quater or 192 ter may make in knowledge of this fact municipalities, Carabineros de Chile or the health authority, who shall send the background to the public prosecutor or the competent courts, as appropriate. People may attach photographs, films or other means of proof evidencing the place, patent of the vehicle or the day that followed the facts. "."