Why Prohibitory Rules Are Dictated On Environmental Matters Concerning Waste And Hazardous Waste And Other Provisions

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

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ACT 1252 2008
(November 27)
Official Gazette No. 47186 of November 27, 2008 CONGRESS OF THE REPUBLIC

Whereby prohibitive norms are dictated on environmental matters in the waste and hazardous wastes and other provisions.

THE CONGRESS OF COLOMBIA DECREES: CHAPTER I.

PURPOSE, PRINCIPLES, BAN, traffic and infrastructure.
ARTICLE 1o. OBJECT. This law will be to regulate, within the framework of comprehensive and ensuring the protection of human health and environmental management, everything related to the import and export of hazardous waste in the country, as set out in the Convention Basel and its annexes, taking responsibility to minimize the generation of hazardous waste at the source, opting for cleaner production policies; providing the proper disposal of hazardous waste generated within the national territory and the storekeeper of these disposal within the country. Likewise, the infrastructure that must be provided with the customs authorities and frank and port areas, in order to detect effectively the introduction of these residues and sanctions that brings Law 99 of 1993 are extended is regulated for those who violate the content of this.

Matches Jurisprudence

Concordant Article 2.
. BEGINNING. In order to establish the scope and content of this law, the following principles will be addressed:
1. Attend due diligence prohibiting entry and trafficking of hazardous waste from other countries. The State shall be liable to the entry of goods with another nomination may intend to make any form of waste or hazardous waste and punished according to the law, people who try to enter their conduct hazardous waste under another nomination.
2. Minimize hazardous waste generation through the application of environmentally clean technologies and implementation of comprehensive plans for hazardous waste.
3. Prohibit the generation, storage or disposal of waste or hazardous waste in strategic or important ecosystems in the country in protected areas or sensitive ecological involvement, influence wetland areas or areas of protection or fresh water recharge or seas or oceans.
4. Design plans, systems and adequate, clean and efficient treatment processes, storage, transportation, reuse and disposal of hazardous waste that tend to the care of human health and the environment.
5. Implement strategies and actions to replace production processes contaminants clean processes, induce innovation or technological restructuring, good manufacturing practices and transfer of appropriate technologies, training specialized human resources support, study and implement appropriate economic instruments to national conditions to induce change in production processes and consumption patterns.
6. Exercise a policy of cleaner production as a business strategy in order to generate awareness and social responsibility that includes the joint work between the state, business, academia and the community for their design and implementation, involving public information as a pillar integrated management of hazardous waste.
7. Making the most hazardous waste that may be returned to the production cycle as raw material, thus reducing the costs of treatment and disposal.
8. Develop plans and activities in line with the Environmental Policy for Integrated Waste Management and Hazardous Waste solve the serious problems involving the generation and improper management of hazardous waste.
9. Increasing wealth, encouraging the creation of sources of income and employment, raising the competitiveness of sectors and improving the environmental performance of all actors and social sectors that generate and manage hazardous waste.
10. Develop national and sectoral efforts that allow the elimination of stockpiles of hazardous waste in disused and abandoned pose risks to human health and the environment.
11. Manage internationally processing and disposal of hazardous waste that are not within the capabilities of national technology.
12. Efficient models generate hazardous waste management, with support of engineering and technology available, approximate the environmental reality of the country and serve as tools for prevention, surveillance and contingency. Jurisprudence

Concordant

ARTICLE 3. DEFINITIONS.
Disaster: In addition to the definitions provided in Decree 4741 of 2005 issued by the Ministry of Environment, Housing and Territorial Development and its annexes, the following is taken into account it is a natural fact or manmade negatively affecting to life or the environment, often ending in permanent changes to human societies, ecosystems and the environment in general.
Emergency: This is a situation caused by a disaster that can be controlled locally without adding measures or changes in the proceeding. It appears when, in the combination of known factors, phenomenon or event that was not expected, eventually, unexpected and unpleasant, which can cause damage or unwanted human health negatively change and the environment, without exceeding the responsiveness arises of the affected community.
Stocks: Are all those hazardous waste used as raw material for an industrial process, which have not been consumed in its entirety and remain abandoned or disused installations within the generator or burial.
Manager hazardous waste: natural or legal person providing the services of collection, transportation, processing, use or disposal of hazardous waste within the framework of comprehensive management and meeting the requirements of current regulations.
Internal Management: The action taken by the generator involving coverage, planning and implementation of all activities related to the minimization, generation, segregation, internal movement, storage and / or treatment of hazardous waste within their facilities.
External management: The action taken by the manager of hazardous waste involving coverage and planning of all activities related to the collection, transportation, treatment, utilization and / or disposal of hazardous waste off-site generator .
Hydrocarbons waste: Organic compounds consist of carbon and hydrogen that have been used and as a result of such use is contaminated by physical or chemical impurities.
Hazardous waste: It is that waste or waste due to their corrosive, reactive, explosive, toxic, flammable, infectious or radioactive characteristics may cause hazards, damage or unwanted direct and indirect effects on human health and the environment. Also, they are considered hazardous waste packaging and packaging materials that came in contact with them.
Nuclear waste: Hazardous waste containing radioactive chemical elements product of a nuclear process such as nuclear fission. The residue can also be generated during processing fuel for reactors or nuclear weapons or in medical applications such as radiation or nuclear medicine weapons. In addition, it is a recyclable single use or substance containing a quantity of radionuclides (radioactive elements) such that its dumping, dispersion or exposure, may have direct and indirect impacts on human health and the environment.
Are usually classified for reasons of management:
declassifiable waste (or exempt): They have no radioactivity that could harm the health of people or the environment in the present and for future generations.
Low activity waste: They have gamma or beta radioactivity at levels less than 0.04 GBq / m3 if they are liquid, 0.00004 GBq / m3 if they are gaseous or contact dose rate is less than 20 mSv / h if they are solid. Only considered in this category if their average life is less than 30 years. They should be stored in surface storage.
Intermediate level waste: They have gamma or beta radioactivity higher than low-level waste levels, but less than 4 GBq / m3 for liquid, gaseous or solid with any activity whose contact dose rate exceeding 20 mSv / h. Like the low-level waste, they can only be considered within this category those wastes whose half-life is less than 30 years. They should be stored in surface storage.
HLW or high average life: All those emitting materials alpha and beta issuers materials or gamma levels exceeding the limits imposed by the intermediate level waste. all those whose half-life is also more than 30 years. They should be stored in Deep Geological Storage (AGP).
Average life: The average lifespan of a nucleus before disintegrating. It is represented by the Greek letter (T) tau.


ARTICLE 4. PROHIBITION. the introduction, importing or trafficking of waste or hazardous waste into the national territory by any natural or legal person, public or private, is prohibited. Similarly, it is prohibited disposal or final acceptance of hazardous waste in landfills that do not meet the capacity or suitable physical and technical conditions for such purpose. Jurisprudence

Concordant
The 5th ITEM. SMUGGLING. Whoever intends to introduce charging in which the presence of hazardous waste is detected in national territory or illegally enter this burden, should return immediately, according to customs legislation and strict supervision by the competent or environmental authorities his substitute without prejudice to any criminal penalties that may apply. In the event of a related transport of hazardous waste smuggled into the country, which in imminent danger to human health or environmental emergency, the fine or penalty should be adjusted according to the generated impact assessments.

ARTICLE 6o. REGULATORS. The Ministry of Environment, Housing and Territorial Development shall regulate the content of this law and may be defined as waste or hazardous waste those containing other substances, elements or compounds other than the foregoing, under complementary or concurrent criteria for classification. However, will attend the proposed classification systems of the United Nations, the International Conventions on the matter and national and international specialized organizations.
CHAPTER II.
LIABILITY.

ARTICLE 7. LIABILITY OF GENERATOR. The generator will be responsible for the hazardous waste it generates. The responsibility extends to tributaries, emissions, products and byproducts, dismantled and obsolete equipment, personal protection equipment used in handling this type of waste and all effects caused to health and the environment. Jurisprudence

Concordant
Article 8. LIABILITY OF MANUFACTURER, IMPORTER AND / OR CARRIER. The manufacturer, importer and / or carrier of a product or chemical hazardous characteristics, for the purposes of this Act, shall be treated as a generator, in terms of responsibility for the management of packaging, transport or movement, storage up unloading and receipt at the final destination of the product or substance waste and personal protection used in handling this type of waste.

Article 9. SURVIVAL OF LIABILITY. The overall responsibility of the generator manufacturer, importer and / or carrier, subsists until the hazardous waste is harnessed as an input or finally disposed in deposits or technically designed systems not represent risks to human health and the environment.

ARTICLE 10. 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. PARAGRAPH 1.
. While has not been made and tested the use or disposal of hazardous waste by the competent environmental authority or person acting as the receiver is jointly liable with the generator. PARAGRAPH 2.
. The responsibility in this article includes monitoring, diagnosis and remediation of soil, surface and groundwater and their interactions with human health and the environment in the event that this contamination by these residues.
ARTICLE 11.
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 12. OBLIGATIONS. It is the duty of the generator of hazardous waste:
1. Perform physical-chemical and / or microbiological characterization thereof, in accordance with the provisions of the RAS (Resolution 1060 of 2000, Title F) and other existing procedures, through special laboratories duly authorized by the competent environmental authorities or whoever their times, to identify the degree of danger thereof.
2. Inform the natural or legal persons responsible storage, collection and transport, use, treatment or disposal thereof.

3. Formulate and implement plans Hazardous Waste Management with their respective contingency plan to ensure minimization, management, integrated management and monitoring of waste generated.
4. Ensure that the packaging or packaging, or encapsulated packaging, labeling and external management of hazardous waste generated, is in accordance with the provisions of current regulations.
5. Possess and update the respective material safety data sheets and provide those responsible for the internal management, personal protection equipment required in the process.
6. Train the personnel in charge of internal management in all matters relating to the proper management of these wastes and basic precautions and emergency care.
7. Registered with the competent environmental authority and update their data should generate other types of waste than initially reported.
8. Other Colombian imposed environmental regulations.

ARTICLE 13. EXPORT. They may only be exported from the national territory hazardous waste that because of its complexity can not be handled environmental and sanitary within Colombian territory.
In this case, the generator, transporter and receiver hazardous waste must comply with the provisions of the Basel Convention and other current regulations governing the matter.

ARTICLE 14. INVENTORIES, Burials HAZARDOUS WASTE AND CONTAMINATED EQUIPMENT OBSOLETE. The Government, along with environmental competent or person acting authority, will have to develop cross-sectoral, national and international efforts to treat, remove and dispose of stocks and burial of hazardous waste, in addition to machinery and items that have had contact with to protect these natural resources and foster the right to a healthy environment.

ARTICLE 15. WASTE OIL. The use of oil residues, among which are waste lubricating oils for power generation only be allowed if they are generated in the country and compliance with the conditions and requirements established by the competent authorities. The National Government will establish mechanisms to promote the use of these technologies and their regulations.

ARTICLE 16. MONITORING AND CONTROL. The environmental authority or person acting in coordination with, policivas, health authorities of foreign trade and customs, as applicable, will have to fulfill the functions of prevention, inspection, monitoring and control, in accordance with established in this law and other provisions of Colombian environmental legislation.

ARTICLE 17. SANCTIONS. In case of violation of the prohibitions set out in this law, the authorities impose administrative, criminal or disciplinary action that may be required, without prejudice to the responsibility which is due by impacts or caused damage to the environment, human health sanctions, physical integrity and life of the inhabitants.
Types of sanctions. The Ministry of Environment and the Regional Autonomous Corporations, shall require the offender of the rules on environmental protection or management use of renewable natural resources reasoned decision, depending on the seriousness of the offense, the following types of sanctions and preventive measures: | || 1. Penalties:
a) daily up to an amount equivalent to 300 minimum monthly wages, liquidated at the time of issuance of the respective resolution Fines;
B) Suspension of registration or license, license, permit or authorization;
C) temporary or permanent establishment, construction or service in and revocation or expiration of the permit or concession Close;
D) Demolition of the work, at the infringer, when having advance without permission or license and not having been suspended, cause obvious harm to the environment or renewable natural resources;
E) Confiscation final product or products used to commit the offense.
2. Precautions:
a) verbal or written reprimand;
B) preventive Confiscation of individuals or specimens of fauna or flora of products and tools used to commit the offense;
C) Suspension of work or activity, when its continuation can be derived harm or danger to renewable natural resources or human health or the work or activity has started respetivo without permission, concession, license or authorization;

D) Conduct, within a fixed period of studies and evaluations required to establish the nature and characteristics of the damage, effects and impacts caused by the infringement and the necessary measures to mitigate or compensate. PARAGRAPH 1.
. Payment of fines does not exempt the offender from the execution of the works or measures that have been ordered by the entity responsible for the control or the obligation to restore the environment and renewable natural resources affected. PARAGRAPH 2.
. The penalties provided by this Article shall apply without prejudice to the exercise of civil and criminal actions that may be. PARAGRAPH 3.
. For the imposition of the measures and sanctions referred to in this article, it will be the procedure laid down by Decree 1594 of 1984 or the Statute that amends or replaces it.
PARÁGRAFO 4o. In the case of department San Andrés and Providencia, the sanctions provided for in Articles 28, 29 and 35 of Law 47 of 1993 shall apply, without prejudice to those provided in this article. Editor's Notes



Matches
ARTICLE 18. EFFECTIVE DATE AND REPEAL. This law applies from the date of its enactment and repeal the provisions that are contrary. Editor's Notes


The President of the honorable Senate,
HERNÁN SERRANO FRANCISCO ANDRADE.
The Secretary General of the honorable Senate,
EMILIO OTERO DAJUD.
The President of the honorable House of Representatives, GERMÁN
MALE Cotrino.
The Secretary General of the honorable House of Representatives,
JESUS ​​ALFONSO RODRÍGUEZ CAMARGO.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and enforced.
Given in Bogotá, DC, on November 27, 2008.

The Alvaro Uribe Minister of Environment, Housing and Territorial Development, Juan Lozano Ramírez
.

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