Repeals Law No. 3.133 And Amends Act No. 18.902 On Industrial Waste

Original Language Title: DEROGA LA LEY Nº 3.133 Y MODIFICA LA LEY Nº 18.902 EN MATERIA DE RESIDUOS INDUSTRIALES

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"(Artículo 1º.-Introdúcense las siguientes modificaciones en la ley Nº18.902: 1) (amended article 11 of the following form: a) delete, in the second paragraph, the phrase"either industrial or mining"."

(b) replace paragraph 2 of the second paragraph by the following: "(2. Clausura en los siguientes casos: a) where liquid industrial waste generators establishments do not meet emission standards;"

(b) when the discharge of effluents into public sewage networks causes the override them, either at the place of discharge or other diverse;
c) when the discharge of effluents into public sewage networks damage or interfere the operation of the wastewater treatment plant associated with this network;

(d) when the discharge of effluents in courses or bodies of surface water or groundwater affects the catchments for drinking water;

e) when discharge their effluent into courses or bodies of surface water or groundwater would endanger or seriously affect the health of the population or cause serious financial damage to established economic activities.

In the case of the letters b), c), d) and e) in that there are no enforceable emission standards to the establishment, the authority may close the establishment by up to 30 days. In any case, the period shall be less than 30 days, if they received the standard applicable to the specific case.

The closure may affect the establishment all or part of its facilities. It applies only when the establishment has been previously fined for infringement of the same nature, in those cases in which the harm was not imminent. If it did, the closure will only take place when there is no other effective means to stop the damage causing the download and only lasts while the need to keep it. This measure should be applied by founded resolution which will be expressed, especially the circumstances there is no other effective means to stop damage. "."

(c) replace the third subparagraph by the following: "the fines referred to in this article may increase up to double the maximum amount designated for each case in the case of repeated infractions. May, in addition, accumulate penalty fines to the closure referred to in this article. "."

(2) Replace subparagraph first of article 11 by the following: "Article 11 a.-officials of the regulatory entity, belonging or related to plants of professionals and monitors, designated as supervising health services and establishments that generate liquid industrial waste, will have the quality of Ministers of faith in the verification of the facts of infringements of the legislation.".

(3) Introducense the following articles 11 B, 11 C and 11 D, new: "article 11 B-at least ninety days prior to the entry into operation of treatment systems, liquid industrial waste generators establishments shall give notice in writing to the Superintendence of health services."

Processes and production systems will have a confidential character. Hazardous inputs and effluents will be public knowledge.

The notice referred to in subsection first will inform about the inputs, processes and production systems, the system of treatment of effluents and their control systems, and will aim at only the Superintendency to secure, by means of resolution, plan of monitoring and respective periodic reports to the auditor.

Article 11 C-in order to validate the self-control reports presented by the issuing establishment, the SVS may oversee production systems, the system of treatment of effluents and their control systems.

Will be in charge of the generator establishment of liquid industrial waste all the costs involved in the periodic reports, including the respective sampling and laboratory analysis; the latter should be performed by laboratories accredited in the national system of accreditation.

This provision shall also apply with respect to the establishments that generate liquid industrial waste that recycle their effluent, or intended them for irrigation, even though they are not subject to a program of monitoring, should be denounced irregularities in the management of effluents.

Article 11 D-in the exercise of its power to verify compliance with the emission standards, the Superintendent may require, in certain cases, that it must be expressed in the respective resolution, conducting surveys and analysis additional to those laid down in the decision referred to in article 11 B, whose cost will be charge of liquid industrial waste generator.

If control, periodic reports should issue the generator of liquid industrial waste or samples and further investigation found broken emission or laws, standards the Superintendency will give you a term so he rectified the situation, without prejudice to the sanctions that might impose, in accordance with the law. "."

(4) be added to article 19, following the final dot (.), which happens to be followed (..), as follows: "the prerogative to require the help of the security forces, as the to take measures to ensure the safety of the population, may also exercise it to obtain full compliance with orders, resolutions and instructions issued in the exercise of the Faculty's control of liquid waste.".