The Board of Government of the Republic of Chile has given its approval to the following Project of Law TITLE I Nature and functions Article 1 °.-Create the Superintendence of Health Services as a functionally decentralized service, with legal personality and own patrimony, subject to the supervision of the President of the Republic through the Ministry of Public Works. Your home will be the city of Santiago. Article 2.-Corresponding to the Superintendence |! |of Health Services the audit of the |! |health service providers, of the compliance of |! |the rules regarding sanitary services and control |! |of the liquid waste (i) to be found in the case of the services of the companies |! |health, which may, of its own motion or at the request of |! |any interested party, inspect the works of health infrastructure carried out by the (a) a first step in the field of education. TITLE II Organization and patrimony Article 3º.-An official with the title of |! | Superintendent of Health Services will be the chief |! |superior of the Service, will have the functions and |! |attributions that the law grants to him and those that |! |correspond to the heads of service, according to the |! |willing in the Law of General Bases of the |! | State administration. Article 3rd A.-They will be indefable to perform the |! |charge of Superintendent the persons who by themselves, or by |! |their spouses, or by their legitimate relatives up to the |! |first degree of consanguinity, or by persons who are |! |linked to them by adoption links, or through |! |natural persons or legal persons in that they have |! |control of their administration, participate in the property |! |of companies providing healthcare services. Equally, they will be indefable to perform the |! |charge of Superintendent, the people who for their |! |legitimate relatives up to the third degree of |! |consanguinity or second of affinity have, per se or |! |through legal persons in that have control |! |of your administration, more than 10% of the capital with |! |right to vote or you can choose or designate or make choose |! |or designate, at least one director of a company of |! |health services. The same inability will affect officials |! |of the Service who will be charged with exclusive |! |trust of the Superintendent. The over-coming inability will produce the immediate |! |cessation in office. If the affected person does not present the |! |resignation will be declared vacant, without prejudice to |! |the administrative responsibility that may affect you. The over-coming inability may be established |! |by the Comptroller General of the Republic, ex officio or |! |at the request of any person, and if proven |! |will result in the declaration of vacancy of the charge by the |! competent authority. The Superintendent and the officials of your |! |exclusive trust, before assuming your charges, must |! |declare under oath and by instrument |! |protocolized in a notary of the address of the |! | Superintendence, which will be transmitted to the Comptroller |! | General of the Republic, your status |! |patrimonial and that of your spouse, even if they are |! |separated from goods. This statement must be renewed |! |at every opportunity in which a variation |! |relevant of heritage occurs and when the charge is left. |! | The breach of this obligation, as well as the |! default of goods in the declaration in a percentage |! |greater than 20% of the total of goods that should have been |! |declared, will incur liability |! |administrative, being able to sanction This breach |! |until with removal. If the offence is committed |! |when you leave the charge or you will check the facts |! |after you have ceased, the penalty will be the |! |absolute inability to hold public charges for |! |the period of five years, sanction that will be applied |! |prior administrative summary instructed by the |! | Comptroller General of the Republic. In addition, the Superintendent and the officials of your |! |exclusive trust, must declare, as soon as they have |! |knowledge or have reasonably due to know and in |! |the same terms above, the |! |participation of their relatives up to the second degree of |! |consanguinity or affinity in the ownership of the |! |companies referred to in the first subparagraph, or the |! |companies supplying equipment, inputs or services |! |specific specific companies |! |healthcare services or building companies that |! |are regular contractors of |! service companies. Article 3º B.-The Superintendent, the |! |officials of the Superintendence and the persons who |! |provide you services, must keep reservation of the |! |antecedents that they know in the exercise of their |! |functions, relative to the business of the persons |! |subject to their audit, especially those who |! |review the character of reserved, while maintaining |! |such quality and shall refrain from using them in |! |own benefit or third party. Prohibit the Superintendent and the others |! |service officials lend on their own or through |! |other natural or legal persons, services |! |personal to persons or entities subjected to the |! |audit of the Superintendence or the managers, |! |bosses or employees of them, during their performance in the |! |service. The same prohibition will apply to the |! |companies mentioned in the first article of the article |! |above, which are not subject to the |! |audit of the Superintendence. The ban noted in the above paragraph is |! |will apply to the Superintendent and officials of his |! |exclusive trust up to 3 months after haber |! |dejation of the charge. The penalties set forth in the final paragraph of the |! |previous article, will be applicable to the violation |! |of the obligations and prohibitions set forth in this |! |article. The provisions of this article shall be understood without any |! prejudice to other civil liability and |! |criminal offences which may be imputed to the offender. Article 4 °.-Corresponding to the Superintendent: a) Administer the Superintendence and dictate the |! |instructions necessary for the fulfillment of their |! |fines; b) Propose the technical norms regarding the design, |! |construction and exploitation of sanitary services and a |! |discharges of waste (c) To comply with the decrees with force |! |of law N ° 70 and 382, of 1988, of the Ministry of Works |! | Public, and to ensure compliance by the |! |entities audited, of the legal provisions and |! |regulations, and technical standards, instructions, |! |orders and resolutions dictating to the |! |delivery of sanitary services and downloads of |! |industrial liquid waste. This faculty includes |! |also the ability to interpret them; d) Study and report to the Ministry of Works |! | Public applications for expropriation of goods |! |buildings and water rights, required for the |! |provision of sanitary services; e) Apply the penalties that this law indicates, of |! |conformity to its Title III; f) Provisionally administer the service, a |! |expense of the respective infringer, through a |! |delegated administrator, designated from among the persons |! in the Register of Delegates |! | Administrators, set to the Decree with force of |! |law No. 382, 1988, of the Ministry of Public Works; g) To confer judicial power to qualified lawyers |! |for the exercise of the profession, even if they are not |! |officials of the service, and to delegate the faculties |! |contained in the two incissos of article 7 ° of the Code |! |of Civil Procedure; h) Execute the acts and celebrate the conventions |! |necessary for the fulfillment of the purposes of the |! | Service. In the exercise of these powers, you may |! freely administer, acquire and dispose of |! |any nature, with the exception of those whose |! |acquisition or disposal requires the approval of the |! | Ministry of Finance; (i) Require the companies ' response |! |pradestors to user claims in cases |! |corresponding; j) Issue periodic reports on the quality of |! |service of the various pradestors and on any |! |other useful information for the user of services |! |sanitarios. The reports should be based on indicators |! |objectives; k) Request other institutions for the information |! |necessary for the performance of their duties, and l) The other functions and attributions that the laws |! |assign to it. Article 5.-The Superintendent, subject to |! |the plant and maximum endowment of the Superintendence, |! |will enjoy the widest freedom to establish your |! |internal organization. The staff to hire from the Superintendence will be able to |! |perform functions of managerial character or of |! |head, which will be assigned, in each case, by the |! | Superintendent. The staff to be assigned such |! |functions will not be able to exceed 7% of the maximum envelope |! |of the Superintendence. The Superintendent will ensure that the work |! |audit of the Superintendence is exercised |! |properly throughout the national territory, owing |! |establish one or more venues with competence in one or |! |several Regions, without prejudice to the faculty |! |grants article 35 of the law No. 18,575 to agree |! |with other public services that they assume their |! |functions in those places where the Superintendence |! |has no office. In regional offices and other offices that the |! | Superintendence establishes by itself or enable by means of |! |convention, will receive and process the queries or the |! |claims of the users that have not been resolved s by |! |the respective prestorator. Article 6 °.-The Superintendence, for all its |! |legal effects, will be considered an institution |! |audit, according to the provisions of the article |! | 2 ° of the decree law No. 3,551, of 1980. The staff of the Superintendence shall be governed by the |! |prescribed in article 156, letter e), of the law N ° |! | 18,834 and their remuneration shall be the ones that the |! | Title I of decree law N ° 3,551, of 1980. The assignment set out in article 17 of the |! |law No. 18,091, will also apply to the staff of the |! | Superintendence of Health Services and will be |! |will determine in the same way. For this purpose, the |! | Superintendent shall report annually to the Ministry |! |of Finance on this matter. DELETED PARAGRAPH |! | By this assignment the plant staff and |! |a hires from the Superintendence will perceive, as |! |correspond, a performance stimulus bonus |! |official, non-taxable, which will be regulated by the |! |rules which are passed on to express: a) The bonus will be paid annually to 25% of |! |the officials belonging to or assimilated to the |! |escalations and degrees of Directors, Professionals and |! | Best-performing Fiscalizers in the previous year; b) For these purposes it will be considered the result |! |of the qualifications that have obtained the |! |officials, in accordance with the rules that the |! |govern in this matter; c) The amounts that are paid by concept of this |! |bonus will not be able to exceed a quarter of |! percentages fixed annually by supreme decree |! |of the Ministry of Finance in compliance with the |! |set in the second paragraph of article 17 of the |! |law No. 18,091, and will be determined in that act |! |administrative. In the same supreme decree will be set the |! |percentage to be perceived by the officials who have not |! |been object of qualification in attention to their |! |participation in the qualifying process, the ones that are not |! |will consider for the effects of the limit set in |! |the preceding letter; d) The amounts to be fixed in accordance with the |! |previous letter added to which it corresponds to pay for |! |concept of the monthly allowance referred to in the |! |article 17 of Law No. 18,091, will not be able to exceed, in |! |no case, of the maximum percentage that the |! |second paragraph of that disposition sets; e) Officials receiving the |! |bonus will only be entitled to receive it during |! |the twelve months following the respective |! |qualifying process; f) The bonus will be paid to officials |! |in service to date in four installments |! |quarterly. The amount to be paid on each fee will be |! |equivalent to the value accumulated in the quarter |! |respectivo; g) For tax purposes the |! |amount paid on each fee has been accrued by parties |! |equal in each month of the quarter respective calendar, |! |and h) The expense that represents this bonus will be |! |will do with the resources that the |! | Superintendency finances annually its |! |remunerations. Article 7.-REPEALED |! | |! | Article 8.-The personnel of the National Directorate of the National Service of Sanitary Works who are in service to the date of validity of this law and who do not meet to that date the requirements to retire, Under Article 12 of Decree Law No 2,448 of 1978, it will pass without a continuity solution, to constitute a plant attached to the Secretariat of the Ministry of Public Works, which will not be considered for the purposes of the maximum staff of that Secretariat. The officials in question shall retain the statutory, pension and remuneration arrangements which they have at present. The charges of such plant that are vacant for any cause shall be suppressed by the sole ministry of law. The staff who pass to the plant referred to in the first subparagraph and choose, within 15 days of the validity of this law, to withdraw from the Service, shall be entitled to an indemnity, of a tax charge, equivalent to six months of the The total amount of remuneration payable in the last month in which it provided services. The compensation referred to in the preceding paragraph shall not be taxable or shall constitute income for any legal effect and shall be compatible with the eviction corresponding to those officials. The administrative formalities to which the term of the staff services and the payment of the compensation shall be completed shall be carried out through the Secretariat of Public Works. The persons who integrate the plant referred to in the first subparagraph shall be appointed by the Undersecretary of Public Works to any organ or service of the State Administration, including to the municipalities at the express request of the Mayor. respective. These destinations may only be carried out in order to carry out the duties of the office concerned and in posts in the same hierarchy. The destination involving a change of habitual residence may not be ordered but by the acceptance of the official concerned and the expenditure shall be the responsibility of the target organ or service. Article 9.-REPEALED |! | |! | Article 10.-The Superintendence's patrimony shall consist of: (a) The resources allocated to it annually in the Public Sector Budget Law or other laws. (b) movable and immovable property, body or incorporated, which is transferred or acquired to any title. TITLE III Procedure and Penalties Article 11-Service providers |! |health care providers who incur any infringement of the |! |laws, regulations and other rules relating to the |! |health services, or in breach of |! |instructions, orders and resolutions that dictate the |! | Superintendence, may be the object of the application by |! |this, without prejudice to those specifically established |! |in this law or in other legal or regulatory bodies, |! |of some of the following fines for tax benefit |! |in the following cases: a) One to fifty annual tax units, |! |dealing with infractions that matter deficiencies in |! |the quality, continuity or enforcement of the |! |services, undue charges, economic treatment |! |discriminatory to the users, deficiencies in the |! |attention of the users ' claims, damage to the |! |networks or general works of the services, or |! |breach of the obligation to deliver information |! |required by the Superintendence in accordance with the |! |law. b) Fifty-one thousand tax units |! |annual, in the case of violations that they put in |! |danger or seriously affect the health of the population, or |! |that affect the generality of the users of the |! |services. c) One to one hundred tax units per year, |! |when it comes to violations committed by the |! |health service providers, who import the no |! |compliance with the obligations and deadlines established |! |by law regarding the concessions to which it refers |! |the decree with force of law No. 382, of 1988, of the |! | Ministry of Public Works, as well as of the orders |! |written and requirements, duly notified, and |! |deadlines set by the Superintendence of Services |! | Sanitarios, in exercise of the attributions that the law |! |entrusts him, in relation to matters of your |! |competition. d) Fifty-one to five hundred units |! |annual taxes when dealing with infringements |! |concerning the delivery of false information or |! |manifestly erroneous; and failure to comply with |! |provided in articles 63º, 64th, 65th, 66th, 67º and 70º |! |of the decree with force of law No. 382, of 1988, of the |! | Ministry of Public Works. e) Fifty-one to ten thousand units |! |annual taxes in the case of non-compliance |! |of the development program referred to in the article |! | 14º of the decree with force of law No. 382, of 1988, of the |! | Ministry of Public Works. f) Fifty-one thousand tax units |! |annual when it comes to the delivery or misuse of |! |insider information. The establishments that incur in any |! |infringement to laws, regulations and other rules |! |related to discharges of industrial waste |! |liquids or in breach of instructions, |! |orders and resolutions that dictate the Superintendence, |! |may be the object of the application by this, without |! |prejudice to those specifically established in |! |this law or in other legal or regulatory bodies, |! |of any of the following sanctions: 1. Multa for tax benefit in the next |! |cases: a) One to one hundred tax units per year, |! |dealing with waste disposal managers |! |industrial ones that do not comply with the current regulations. b) Fifty-one thousand tax units |! |annual, in the case of violations that they put in |! |danger or seriously affect the health of the population, or |! |that affect the generality of the users of the |! |services. 2. Closing in the following cases: |! | a) When the generating establishments of |! |liquid industrial waste do not meet the standards of |! |emission in force; b) When the discharge of their effluents into networks of |! |public sewer the base of the same, |! |either at the place of the discharge or in another different; c) When the discharge of their effluents into networks of |! |public sewer damage or interfere the |! |functioning of the water treatment plant |! |associated servers (d) When discharging its effluents into courses or |! |surface water bodies or underground affects the |! |fetches for drinking water; e) When discharging their effluents into courses or |! |surface or ground water masses put in |! |danger or seriously affect the health of the population or |! |cause serious pecuniary damages to activities |! |economic established. In the cases of (b), (c), (d) and (e) in which |! |no emission standards are required for the |! |establishment, the authority may close the |! |establishment for up to 30 days. In any case, the |! |term will be less than 30 days, if the standard |! |applicable to the specific case. The closure may affect the whole of the |! |establishment or part of its facilities. Only |! |will apply when the establishment has been previously |! |fined for an infringement of the same nature, in |! |those cases where the damage has not been imminent. If |! |it was, the closing will only take place when there is no |! |other effective means to stop the damage that the download |! |causes and only for as long as the need for |! |keep it. This measure must be applied by resolution |! |founded in which it will be expressed, especially, the |! |circumstance of no other effective means to |! |stop the damage. The fines mentioned in this article will be able to |! |increase up to double the maximum amount indicated |! |for each case when it comes to violations |! |repeated. You can also collect the penalty of fine |! |the closure provided for in this article. The amount of the fine will be determined |! |prudentially in consideration of the amount of |! |affected users and the seriousness of the infringement. Article 11 A.-Officials of the entity |! |regulations, belonging or assimilated to plants |! |of Professionals and Fiscalizers, designated as |! |fiscalizers of the sanitary services and of the |! |establishments that generate waste Industrial |! |liquids, will have the quality of ministers of faith in the |! |verification of the constitutive facts of infractions |! |of the current regulations. The facts established by these |! |faith ministers will constitute a legal presumption. Article 11 B.-With at least ninety days of |! |anticipation to the entry into operation of the systems |! |of treatment, the generating establishments of |! |liquid industrial waste shall give notice by |! |written to the Superintendence of Health Services. Production processes and systems will have the |! |character of confidential. Hazardous inputs and |! |effluents will be public knowledge. The notice referred to in the first paragraph |! |will inform about the inputs, processes and systems |! |productive, the effluent treatment system |! |and its control systems, and will have by object only that |! |the Superintendence set, by resolution, the plan |! |monitoring and periodic reports respective to the |! |fiscalizer. Article 11 C.-In order to validate the |! |self-control reports submitted by the |! |establishment issuer, the Superintendence will be able to |! |audit the production systems, the system of |! |treatment of effluents and their systems control. They will be in charge of the establishment generator of the |! |liquid industrial waste all costs |! |involved in the periodic reports, including the |! |respective sampling and laboratory analysis; these |! |last should be performed by laboratories |! |accredited in the National Accreditation System. This provision will also be applicable in respect of |! |waste generating establishments |! |industrial liquids that recycle their effluents, or the |! |intended for irrigation, even if they are not submitted |! |a monitoring program In case of being |! |reported irregularities in the management of effluents. Article 11 D.-In exercise of its power of |! |verify compliance with emission standards, the |! | Superintendence may require, in qualified cases, |! |to express in the respective resolution, the |! |performance of sampling and Additional analysis to the |! |established in the resolution referred to in the |! |article 11 B, the cost of which will be charged to the generator |! |liquid industrial waste. If of the audit, of the periodic reports |! |that must issue the generator of industrial waste |! |liquids or of the sampling and additional analysis |! |it results in violation of the norms of emission or the |! Superintendence will give you a deadline |! |for you to remedy the situation, without prejudice to the |! |sanctions that you may impose, according to the |! |law. Article 12.-Sanctions shall be applied by |! |resolution of the Superintendent. The fines imposed by the Superintendence |! |must be paid at the General Treasury of the |! | Republic, within ten days counted from |! |the date of the notification of the resolution |! |respective. Article 13.-The affected person may claim of the |! |application of the sanction or of his or her amount, before the judge of |! |letters in the corresponding civil, within the deadline of |! |ten days counted from the date of its notification. The notification of the complaint filed |! |will suspend the application of the sanction, without prejudice to |! |that, in the case of the fines, the realignments and interests |! |as referred to in article 16 are written from the |! |11th day of the notified the resolution of the |! | Superintendent who applied the sanction. The complaint will be subject to the rules of the |! |summary procedure. The first or second instance statements that |! |do not give rise to the claim, will necessarily condemn |! |in costs to the claimant. The payment of the fines plus the realignments and interests |! |as referred to in article 16, must be made |! |within the fifth day of the execution of the judgment. Article 14.-If the fine is not paid and has been made payable for having passed the time limit for claiming from it, or there will be an enforceable sentence rejecting the claim, the Superintendence may execute the infringer to the In the civil case of Santiago, he accompanied a copy of the resolution that applied the sanction, which will have by itself executive merit, or the final judgment, if any. This is without prejudice to the provisions of Article 233 of the Code of Civil Procedure. In this judgment, the defendant may not derogate from other exceptions than that of prescription, that of not having the title and the payment. In the latter case, he must always be ordered to pay the costs, unless he proves to have given the Superintendence of Sanitary Services the proof of payment of the fine. Article 15.-The Superintendence may not apply a fine to an offender, after four years after the date on which the offence was committed. The action for the recovery of a fine shall be prescribed within two years, since it became chargeable in accordance with Articles 13 and 14. Article 16.-The delay in the payment of any fine applied by the Superintendence, in accordance with the law, shall accrue the interests and readjustments established in Article 53 of the Tax Code. If the fine is not appropriate and, however, has been entered into tax coffers, the Superintendence or the respective court, as the case may be, shall be ordered to be returned duly adjusted in the manner set out in Articles 57 and 58 of the Tax Code. Article 17.-The one affected by the expiration of the concession referred to in Chapter III, of TITLE II of the decree with force of law N ° 382, of 1988, of the Ministry of Public Works, will be able to claim from it before the judge of letters in the civil that corresponds, within ten days, from the date of notification, by the Superintendence, of the supreme decree declaring it. The complaint shall be subject to the rules of the summary procedure and its interposition shall not suspend the expiry of the period, unless the judge of the case decides otherwise. Article 18.-The administrative period of days laid down by this law shall be read as working days. The notifications that practice the Superintendence will be made by registered letter and the deadlines to which they refer will start to run three days after received by the Empresa de Correos de Chile. Article 19.-The Superintendence will adopt the |! |measures necessary to ensure the security of the |! |public and safeguard the rights of the users of |! |sanitary services, being able to require the help of the |! |public force for the compliance with their resolutions. |! | The prerogative to require the help of force |! |public, such as to adopt measures to ensure |! |the security of the population, may also exercise it |! |to obtain full compliance with the orders, |! |resolutions e Instructions that dictate in the exercise |! |of the power of control of the liquid waste. TITLE IV Provisions several Article 19a.-Directors, managers, |! |officials, employees or external auditors of a |! |entity subject to the audit of the |! | Superintendence that alter or disappear antecedents or |! |data, correspondence or other document any or that |! |hide or destroy these elements, in order to |! |hinder, divert or circumvent the fiscalization that |! |corresponds to exercise the Superintendence according to |! |the law, will be punished with the penalty penalty from 100 to |! | 1,000 monthly tax units. They will also suffer |! |as accessory penalty the one of disablement for five years |! |to perform charges of director, administrator, |! |manager or external auditor of an anonymous company. If the penalty is not paid, the convicted person will suffer for |! |replacement and reward, one day of imprisonment for each |! |ten monthly tax units of fine, no |! |being able to exceed the prison of 60 days. Article 20.-The Superintendence of Services |! | Sanitarios will be the legal successor of the National Service |! |of Sanitary Works, in that it corresponds to the |! |normative functions and control of the services |! industry, which |! |entrusts you with the laws. References to the National Works Service |! | Sanitary, your National Address or your Director |! | National, contained in the current legislation, will be |! |will understand the Service Superintendency |! | Healthcare or the Superintendent, if any. Article 21.-Transfer to the Superintendence of Health Services, or to the Fiscus where appropriate, by the sole ministry of the law, the movable and immovable property that are in use and enjoyment by the National Directorate of the National Service Sanitary Works, of which the Fiscus owns and which are currently destined for the service or which are owned by it, all of this as determined according to the operating needs of said Superintendence, by decree The Ministry of Public Works, which also has to be signed by the Minister of Finance. Within 180 days following the application of this law, the Superintendence will send to the Ministry of National Goods an inventory of the movable and immovable property which, by reason of this provision, are transferred to it. The Real Estate Conservative and the Civil Registry and Identification Service will practice the registration, in favor of the Superintendence, with the only presentation of authorized copy of the decree of transfer, inscriptions that will be exempt from all taxes or duties. Article 22.-Facultêté al Presidente de la |! | República para que, within 30 days to count de |! |the publication of this law, by supreme decree |! |issued by the Ministry of Public Works, subscribed |! |further by the Minister of Finance, assign to the |! | Planning Directorate of the General Directorate of |! | Public Works, the following functions and attributions: |! |functions and attributions: a) Control and administration of the agreements of |! |external credits contracted for works executed by |! |the National Service of Sanitary Works and, in general, |! |all those functions that compete with the organism |! |executor defined in such conventions. b) To grant to the companies anonymous successor of |! |the Regional Directorates of the National Service of |! | Sanitary Works, the resources of the credits |! |contracted with the Inter-American Development Bank, |! |in current execution, to bring to The programs of |! |investment contractually assumed by the Service |! | National of Sanitary Works and according to the |! |provided in the article 1 ° transitory of the law N ° |! | 18,885. c) Dispose the administrative acts for the |! |service of the public debt to the Service |! | National of Sanitary Works. This decree will assign the necessary personnel to |! |fulfill such functions, the one that will be destined to the effect |! |from among the staff of the maximum endowment established |! |for the Ministry of Public Works, including the |! |personnel to which the Article 8 °. Article 23.-Limited companies which are constituted under the provisions of Law No 18,885 must assume the operational obligations contracted by the National Service of Sanitary Works in the agreements with international organizations of credit, which correspond to the territory of their respective jurisdiction. Likewise, the Metropolitan Company of Sanitary Works S.A. and the Company of Sanitary Works of Valparaiso S.A. will have to assume these obligations in respect of the rural drinking water systems that have been financed with the Bank's resources. Inter-American Development. Article 24.-The decree with force of law No 70, 1988, of the Ministry of Public Works, in the form indicated: (a) Substitute, in the first paragraph of Article 2 ° the words "the Ministry of Economy, Development and Reconstruction" and "the Ministry", by "the Superintendence of Health Services" and "the Superintendence", respectively. (b) Substitute in Articles 3, 5, 8, 9, 11, 12, 13, 15, 21, 1 ° transitional, 3 ° transitional and 7 ° transitional, the word "Ministry" for the words "Superintendence of Health Services". (c) Intercalase the expression " by this Superintendence ", following the word" determined " in the first indent of Article 21 °. (d) Substitute the second indent of Article 17 ° by the following: " The repayment options and their conditions shall be offered by the provider to the person concerned and he may choose between them. The provider shall always provide bonds or, where appropriate, shares in the company itself and any other mechanism or instrument to be agreed by the parties which means a real refund. '; Article 25.-Decree Law No 2,050 of 1977 and the decrees with force of law N ° 1,810, 1978 and No. 22, 1988, of the Ministry of Public Works. Notwithstanding the abrogation of the decree Law No 2,050, the National Service of Sanitary Works shall subsist for the purposes provided for in Article 5 of Law No 18,885. Article 26.-The following amendments to the decree with force of law N ° 382, 1988, of the Ministry of Public Works: (a) Add the following Article 9a): " Article 9a).-Concessions to establish, construct and operate public services intended to produce drinking water, distribute drinking water, collect sewage water and dispose of sewage water, grant the right to use, free of charge, national public goods for the installation of sanitary infrastructure, under the conditions laid down by the respective municipalities when these facilities may have the normal use of the good national public use. In case the connection of a sewerage system to a collection network to allow the gravitational drain, force to pass through the premises of another owner, a legal servitude of sewerage will be constituted house. The length and width of the strip of land subject to serfdom shall correspond to the technical feasibility of the project of connection granted by the provider, obliging the person concerned to indemnify the damage. ', and (b) Add the following articles: " Article 60.-In the case of the production or distribution of drinking water or of the collection, treatment or disposal of waste water or other related services, the term of inheritance referred to in Article 77 of the Code of Waters, in the sense of understanding all kinds of buildings, whether they are urban or rural. Article 61.-For the purposes of Title V of the Water Code, it should be understood that health service providers leave the waters served when they are evacuated in the networks or facilities of another provider or if they are they are confused with natural or artificial waters, unless there is a right to drive such waters by such channels, networks or installations. '; Title V Of the information Article 27.-The Superintendent may require a |! |the persons subject to their audit and the related |! |persons who maintain transactions with those, |! |the information that is necessary for the exercise of |! |their functions. Regarding the related companies, |! |you will only be able to request the information regarding the |! |transactions that you have made with the company |! |sanitary. Failure to comply with the provision will be |! |sanctioned with the fine set forth in the article 11 (a) of Article 11 of this Law. The persons required by the Superintendence in |! |use of the faculty indicated above, will only be able to |! |except to deliver the requested information, |! |invoking a legal standard in force on secrecy. Article 28.-Prior to the authorization of the judge in turn |! |in the competent civil, the Superintendent may cite a |! |declare the representatives, directors, |! |administrators, advisors and dependents of the |! |entities audited, regarding some made whose |! |knowledge deems necessary for the compliance of |! |its functions. They will not be obliged to attend |! |declare the persons indicated in article 361 of the |! | Code of Civil Procedure, to which the |! | Superintendence shall request written declaration. The Superintendent may require justice |! |ordinary, against persons who having been |! |cited under warning, do not contest without cause |! |justified to declare, the application of the procedure |! |of aaward contemplated in the Articles 93 and 94 of the |! | Tax Code. Article 29.-The Superintendence must have |! |of all the information used for the fixing |! |tariff, in particular the bases of the studies, the |! |studies presented by the prestators, the studies and |! Superintendence, the reports of the |! |experts, the updated development plans, the |! |advances of work and all other information of interest to |! |the urbanizers and users of the sanitary service, |! |giving the necessary facilities for their knowledge and |! |for reproduction, with charge to the interested party. Equal |! |obligation will govern for periodic reports to which |! |alludes to article 4 (j). Article 30.-The Superintendence will have the |! |obligation to keep updated a database |! |technicians of each healthcare system set up under |! |concession, which includes the required basic parameters |! |to estimate the costs of each system, real and |! |optimized. Title VI Of Resources Article 31.-The deadline for the interposition of the |! |replacement facility set forth in Article 9º of |! |the law No. 18,575 shall be five working days counted |! |from the notice of the claimed resolution and the |! | Superintendence will have another ten business days |! |to resolve. The interposition of this resource will suspend the |! |term to claim of illegality when it comes to the |! |matters for which this resource proceeds. Article 32.-The persons or entities that they deem |! |that the resolutions or omissions of the Superintendence |! |do not conform to the law, regulations or rules that you |! |apply to apply and that it causes injury, they may |! |claim of such acts before the Court of Appeals of |! | Santiago. The claim must be filed within the deadline |! |of fifteen business days counted from the notice of the |! |act claimed. The Court of Appeal will transfer it by |! |six business days to the Superintendence, notifying you |! |this resolution by trade. When the quality or continuity can be affected |! |of the service the interposition of the resource will not suspend |! |the effects of the claimed act nor will the Court be able to |! |decree some measure with that object while it is |! |find pending the claim. Evacuated the transfer by the Superintendence, or |! |accused the rebellion, the court will order to bring the |! |cars in relation and will have to add |! |extraordinarily the cause to the table of the day |! |subsequent, previous draw. The Court will rule |! |within the term of fifteen days. Against that |! |resolution will not proceed any recourse. Transitional Article.-For the purposes of the preparation and execution of the first contest to be held for the entry to the posts of race, in quality of holder, in the Superintendence of Health Services, the Superintendent will exercise the functions corresponding to the selection committee referred to in Article 18 of Law No 18,834. JOSÉ T. MERINO CASTRO, Admiral, Commander in Chief of the Navy, Member of the Government Board.-FERNANDO MATTHEI AUBEL, General Air Force, Commander in Chief of the Air Force, Member of the Government Board.-RODolfo STange OELCkers, General Director, General Director of Carabineros, Member of the Government Board.-SANTIAGO SINCLAIR OYANEDER, Army Lieutenant General, Member of the Government Board. Because I have had to approve the previous law, I sanction it and sign it in sign of promulgation. Take effect as the law of the Republic. Register with the Comptroller General of the Republic, be published in the Official Journal and insert into the Official Collection of the Comptroller's Office. Santiago, 8 January 1989.-AUGUSTO PINOCHET UGARTE, Captain General, President of the Republic.-Martin Costabal Llona, Minister of Finance.-Pedro Larrondo Jara, Rear Admiral, Minister of Economy, Development and Reconstruction.-Hernan Abad Cid, Brigadier General, Minister of Public Works. What I transcribe to US for your knowledge.-Salutes intently to US.-Norman Bull de la Jara, Undersecretary for Economics, Development and Reconstruction.