Repealed - Whereby Prohibitive Norms Are Dictated On Environmental Matters Relating To Hazardous Wastes And Other Provisions

Original Language Title: DEROGADO - Por la cual se dictan normas prohibitivas en materia ambiental, referentes a los desechos peligrosos y se dictan otras disposiciones

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LAW 430
1998 (January 16)
Official Gazette No. 43219 of January 21, 1998

Whereby prohibitive norms are dictated on environmental issues concerning hazardous wastes and other provisions. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES: CHAPTER I.

PURPOSE, PRINCIPLES, PROHIBITION AND SMUGGLING AND INFRASTRUCTURE

ARTICLE 1o. OBJECT. This law will aim to regulate all matters relating to the prohibition to introduce hazardous wastes into the country, in any form as set out in the Basel Convention and its annexes, and the responsibility for the integrated management of generated in the country and in the process of production, management and handling them, also regulates the infrastructure to be provided with the customs authorities and frank and port areas, in order to detect technical and scientific way the introduction of these residues regulates sanctions in law 99 of 1993 for those who violate the content of this law and use of waste lubricating oils are allowed, in order to produce electricity.
Article 2.
. BEGINNING. In order to establish the scope and content of this law should observe the following principles:
1. Minimize the generation of hazardous waste, preventing occurrence or reducing their hazardous characteristics.
2. Prevent the entry and smuggling of hazardous waste from other countries, that Colombia is not able to handle rationally and represent exclusive and unacceptable risks.
3. Design strategies to stabilize the generation of hazardous waste in industries with obsolete and polluting processes.
4. Establish policies and implement actions to replace polluting production processes for cleaner processes, induce technological innovation and the transfer of appropriate technologies, training specialized human resources support, study and apply appropriate to national conditions economic instruments to induce change in production processes and consumption patterns.
5. Reduce the amount of hazardous waste that must go to final disposal sites through maximum utilization of raw materials, energy and natural resources used, when waste from production processes feasible and environmentally acceptable.
6. Generate technical capacity for the management and treatment of hazardous waste which necessarily will occur despite efforts minimization.
7. Dispose waste with minimal environmental impact and human health, treating them previously, and their tributaries, before they are released into the environment. Effective Jurisprudence


ARTICLE 3o. PROHIBITION. No natural or legal person may enter or import hazardous waste without complying with the procedures established for this purpose in the Basel Convention and its annexes. Effective Jurisprudence

ARTICLE 4.
. SMUGGLING. Whoever intends to introduce charging in which the presence of hazardous waste is detected in national territory or illegally enter this burden, you should return without any delay and under their own responsibility, without prejudice to any criminal penalties that may apply. Effective Jurisprudence




The 5th ARTICLE. INFRASTRUCTURE. The national government will equip the customs authorities of foreign and environmental trade, all the mechanisms and procedures necessary to detect irregularities in the procedures for import of hazardous wastes used as secondary raw materials or hazardous waste for disposal in the national territory and will equip the frank and port areas of special laboratories and specialized technical personnel in order to analyze the products and materials that there are received and to detect and reject technical and scientific manner illicit trafficking of elements, materials or hazardous waste, of which have no technical and scientific reasons and will not be managed rationally in accordance with the provisions of the Basel Convention. Effective Jurisprudence


CHAPTER II. LIABILITY

ARTICLE 6.
. LIABILITY OF GENERATOR. The generator will be responsible for the waste it generates. The responsibility extends to tributaries, emissions, products and byproducts for all effects caused to health and the environment.

PARAGRAFO. The manufacturer or importer of a chemical product or with dangerous property for the purposes of this law is equated to a generator, in terms of responsibility for the management of packaging and waste product or substance. Effective Jurisprudence




Article 7. SURVIVAL OF LIABILITY. Full responsibility for the generator remains until the hazardous waste is disposed exploited as an input or definitively.
ARTICLE 8.
. RESPONSIBILITY OF THE RECIPIENT. The receiver of the hazardous waste will assume full responsibility of the generator, once it receives the carrier and made or tested the use or disposal of the same.
PARAGRAFO 1o. While he has not made and tested the use or disposal of waste the receiver is jointly liable with the generator.
PARAGRAFO 2o. The responsibility in this article includes monitoring, diagnosis and remediation of soil, groundwater and surface water if contamination is present these wastes.

Article 9. UNDECLARED CHEMICAL CONTENT. The generator will continue to be comprehensively responsible for the effects caused to health or the environment of a chemical or biological content not declared to the receiver and the environmental authority.

CHAPTER III. OTHER PROVISIONS


Article 10. It is the duty of the generator or producer of hazardous waste perform the physical-chemical characterization of the same through special laboratories duly authorized by the competent authorities and inform the natural or legal persons responsible storage, collection and transport, treatment or disposal thereof.

ARTICLE 11. MONITORING AND CONTROL. The environmental authority of the respective jurisdiction, in coordination with the health authorities, policivas, foreign trade and customs as applicable, shall comply with the functions of monitoring and control in accordance with the provisions of this law.

ARTICLE 12. WASTE LUBRICANT. The use of waste lubricating oil for power generation will only be allowed if they are generated in the country and compliance with the conditions and requirements established for the purpose
the competent authorities. The National Government will establish mechanisms to promote the use of these technologies.

ARTICLE 13. SANCTIONS. In case of violation of the prohibitions set out in this law, environmental authorities under their jurisdiction impose sanctions provided for in Article 85 of Law 99 of 1993 and its regulations, without prejudice to the respective criminal sanction.

ARTICLE 14. EFFECTIVE DATE. This law applies from the date of its enactment and repeal the provisions that are contrary.
The President of the honorable Senate,
Amylkar Acosta Medina.
The Secretary General of the honorable Senate, Pedro Pumarejo
Vega.
The President of the honorable House of Representatives,
Carlos Ardila Ballesteros.
The Secretary General of the honorable House of Representatives,
Diego Vivas Tafur.
Republic of Colombia - National Government.
Published and execute.
Given in Santa Fe de Bogota, DC, 16 January 1998. Carlos Lemos Simmonds

The Minister of Justice and Law,
Almabeatriz Rengifo Lopez.
The Minister of Finance and Public Credit, José Antonio Urdinola Uribe
.
The Minister of Environment,
Eduardo Verano de la Rosa.



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