Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 233
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That in accordance with the Constitution of the Republic, protection,
conservation and improvement of natural resources and the environment must be subject to special legislation;
II. Accelerating the environment is causing serious economic and social problems, threatening with irreversible damage to the welfare of present and future generations, which makes it necessary to reconcile the
needs for economic and social development with the sustainable use of natural resources and to protect the environment;
III.-That to successfully and comprehensively address environmental problems, taking into account that the environment is composed of several interrelated elements in constant change either from natural causes or Human beings are required to provide the country with environmental legislation
modern that is consistent with the principles of sustainability of economic and social development;
IV.-That El Salvador has signed and ratified international agreements that oblige it to comply with the commitments acquired and as the case may be, adopt appropriate measures or of other even legislative character, to operate internally
the international regulations;
BY TANTO,
in use of its constitutional powers and on the initiative of the President of the Republic through
of Minister of the Environment and Natural Resources and of the Deputies José Rafael Machuca Zelaya, Silfide Marixa Pleitez de Ramírez, Norman Noel Quijano González, Miguel Angel Saenz Varela, Elvia Violeta Menjívar, René Oswaldo Rodríguez Velasco, Mauricio González Ayala, Mauricio Díaz Barrera, Ernesto
Santiago Antonio Varela, Alvaro Gerardo Martin Escalon Gomez, Jose Ricardo Vega Hernandez, David Angel Cruz, Roman Ernesto Guerra, Horacio Humberto Rios Orellana, Mario Juarez, Zoila Beatriz Quijada, Ramon Diaz Bach, Ernesto Angulo, Maria Elizabeth Zelaya Flores, Manuel Alberto Ramirez Handal, Mario Vinicio
Penate Cruz, Juan Duch Martinez, Gerson Martínez, Ciro Cruz Zepeda, Ronal Umana, Norma Fidelia Guevara de Ramírios, Julio Antonio Gamero Quintanilla, Alfonso Aristides Alvarenga, Gerardo Antonio Suvillaga García, Rosario del Carmen Acosta, Gerber Mauricio Aguilar Zepeda, Rene Napoleon Aguiluz,
Alex Rene Aguirre, José Antonio Almendariz Rivas, Walter Rene Araujo Morales, José Orlando Arevalo Pineda, Humberto Centeno, Jorge Alberto Barrera, Donald Ricardo Calderón Lam, Jaime Valdez, Isidro Antonio Caballero Caballero, Olme Remberto Contreras, Marta Lilian Coto, Luis Alberto Cruz, Roberto Jose D' Abuisson Munguía, Carlos Alberto Escobar, Rene Mario Figueroa Figueroa, Hermes Alcides Flores Molina,
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Nelson Funes, Nelson Napoleon Garcia, Elizardo González Lovo, Schafik Jorge Handal, José Ismael Iraheta Troya, José Roberto Larios Rodríguez, Francisco Roberto Lorenzana Duran, Carlos Guillermo Magana Tobar,
Alejandro Dagoberto Marroquín, Oscar Figueroa, Leonardo Hidalgo, Raul Mijango, Victoria del Rosario de Amaya, José Mario Moreno Rivera, Luis Welman Carpio, Maria Ofelia Navarrete de Dubón, Roberto Navarro Alvarenga, Sigifredo Ochoa Perez, Salvador Horacio Orellana Alvarez, Ruben Orellana Mendoza,
Oscar Samuel Ortiz Ascencio, Olga Elizabeth Ortiz Murillo, Arturo Fernandez, Mariela Peña Pinto, Renato Antonio Perez, Jose Mauricio Quinteros Cubias, Alejandro Rivera, Abraham Rodriguez, David Rodriguez Rivera, Orfilia Vigil Caballero, Jose Mauricio Salazar Hernandez, Kirio Waldo Salgado, Mercedes Gloria
Salguero Gross, Julio Alfredo Samayoa, Roberto Serrano Alfaro, Wilber Ernesto Serrano Streets, Fabio Balmore Villalobos, Sarbelio Ventura Cortez, Ruben Ignacio Zamora Rivas, Amado Aguiluz Aguiluz, Ernesto Iraheta,
DECRETA the following:
ENVIRONMENT LAW
PART I GENERAL PROVISIONS
TITLE I
OF THE ACT OBJECT
ACT OBJECT
Art. 1. This law aims to develop the provisions of the Constitution of the Republic, which concern the protection, conservation and recovery of the environment; the sustainable
natural resources that allow for improve the quality of life of present and future generations, as well as to regulate environmental, public and private management and environmental protection as a basic obligation of the State, municipalities and inhabitants in general; and to ensure application
of the international treaties or conventions concluded by El Salvador in this
PRINCIPLES OF NATIONAL ENVIRONMENTAL POLICY
Art. 2.-THE NATIONAL ENVIRONMENT POLICY SHALL BE BASED ON THE FOLLOWING PRINCIPLES:
(A) ALL INHABITANTS ARE ENTITLED TO A HEALTHY AND ECOLOGICALLY BALANCED ENVIRONMENT. IT IS THE OBLIGATION OF THE TUTELARY STATE, TO PROMOTE
AND TO DEFEND THIS RIGHT ACTIVELY AND SYSTEMATICALLY, AS A REQUIREMENT TO ENSURE HARMONY BETWEEN HUMAN BEINGS AND NATURE;
b) ADAPTATION TO CLIMATE CHANGE MUST BE PLANNED UNDER THE PRINCIPLES
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COMMON BUT DIFFERENTIATED RESPONSIBILITIES AND RATIONAL USE WITH INTERGENERATIONAL RESPONSIBILITY;
c) ECONOMIC AND SOCIAL DEVELOPMENT MUST BE COMPATIBLE AND BALANCED WITH THE ENVIRONMENT; TAKING INTO CONSIDERATION THE SOCIAL INTEREST NOTED
IN ARTICLE 117 OF THE CONSTITUTION;
d) ENSURE THE SUSTAINABLE USE, AVAILABILITY AND QUALITY OF
NATURAL RESOURCES, AS A BASIS FOR SUSTAINABLE DEVELOPMENT AND THUS IMPROVE THE QUALITY OF LIFE OF THE POPULATION,
e) IS THE RESPONSIBILITY OF SOCIETY IN GENERAL, OF THE STATE AND OF ANY NATURAL AND LEGAL PERSON, TO REPLENISH OR COMPENSATE FOR THE NATURAL RESOURCES IT USES TO ENSURE THEIR EXISTENCE, MEET THEIR NEEDS
BASIC, GROWTH AND DEVELOPMENT, AS WELL AS FRAME THEIR ACTIONS, TO MITIGATE OR MITIGATE THEIR IMPACT ON THE ENVIRONMENT; THEREFORE THE ELIMINATION OF THE PATTERNS OF NON-SUSTAINABLE PRODUCTION AND CONSUMPTION
; NO FAULT OF THE SANCTIONS TO WHICH THIS LAW SHALL BE;
(f) IN ENVIRONMENTAL PROTECTION MANAGEMENT, THE PRINCIPLE OF PREVENTION AND PRECAUTION SHALL PREVAIL;
g) POLLUTION OF THE ENVIRONMENT OR ANY OF ITS ELEMENTS, WHICH PREVENTS OR DETERIORATES ITS ESSENTIAL PROCESSES, SHALL LEAD TO OBLIGATION
THE RESTORATION OR COMPENSATION OF THE DAMAGE CAUSED BY INDEMNIFICATION OF THE STATE OR ANY NATURAL OR LEGAL PERSON AFFECTED WHERE APPROPRIATE, IN ACCORDANCE WITH THIS LAW;
h) THE FORMULATION OF THE NATIONAL POLICY OF THE ENVIRONMENT ENVIRONMENT, MUST TAKE INTO ACCOUNT THE INSTITUTIONAL CAPACITIES OF THE STATE AND THE
MUNICIPALITIES, DEMOGRAPHIC FACTORS, CULTURAL LEVELS OF THE POPULATION, THE DEGREE OF CONTAMINATION OR DETERIORATION OF THE ELEMENTS OF THE ENVIRONMENT, AND THE ECONOMIC AND TECHNOLOGICAL CAPACITY OF THE SECTORS
PRODUCTIVE OF THE COUNTRY;
i) THE PUBLIC MANAGEMENT THE ENVIRONMENT MUST BE GLOBAL AND TRANS-SECTORAL,
SHARED BY THE VARIOUS INSTITUTIONS OF THE STATE, INCLUDING THE MUNICIPALITIES AND SUPPORTED AND SUPPLEMENTED BY CIVIL SOCIETY, IN ACCORDANCE WITH THIS LAW, ITS REGULATIONS AND OTHER LAWS OF THE
MATERIA;
j) IN THE PRODUCTIVE OR IMPORT PROCESSES OF PRODUCTS
ENCOURAGING ECOLOGICAL EFFICIENCY, STIMULATING THE RATIONAL USE OF PRODUCTIVE FACTORS AND DISCOURAGING THE UNNECESSARY PRODUCTION OF SOLID WASTE, INEFFICIENT USE OF ENERGY, WATER RESOURCES, AS WELL AS WASTE OF RAW MATERIALS OR MATERIALS THAT CAN
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RECARCLARSE;
k) IN PUBLIC ENVIRONMENTAL MANAGEMENT THE CRITERIA MUST BE APPLIED OF EFFECTIVENESS, WHICH ALLOWS TO ACHIEVE THE ENVIRONMENTAL BENEFITS AT THE LOWEST POSSIBLE COST AND IN THE SHORTEST TIME, RECONCILING THE NEED FOR PROTECTION
OF THE ENVIRONMENT WITH THE ECONOMIC GROWTH;
l) THE EXCHANGE OF THE CHANGE OF CONDUCT ON PUNISHMENT WITH
THE END OF STIMULATING THE CREATION OF A CULTURE ENVIRONMENTAL PROTECTION;
M) ADOPT REGULATIONS THAT ALLOW THE ACHIEVEMENT OF GOALS AIMED AT IMPROVING THE ENVIRONMENT, FOSTERING A WIDE RANGE OF POSSIBLE OPTIONS FOR THEIR COMPLIANCE, SUPPORTED BY ECONOMIC INCENTIVES THAT
STIMULATE THE GENERATION OF ACTIONS THAT MINIMIZE THE NEGATIVE EFFECTS OF THE ENVIRONMENT; AND,
N) ENVIRONMENTAL EDUCATION WILL BE ORIENTED TO PROMOTE ENVIRONMENTAL CULTURE IN ORDER TO RAISE AWARENESS AMONG THE POPULATION ABOUT PROTECTION, CONSERVATION, PRESERVATION AND RESTORATION OF THE ENVIRONMENT. (2)
NATIONAL ENVIRONMENT POLICY
Art. 3.-National policy on the environment is a set of principles, strategies and actions,
issued by the Council of Ministers, and carried out by the Ministry of the Environment and Natural Resources, which may be be called the Ministry and the National Environmental Management System.
The Ministry will present the policy to the Council of Ministers for approval. This policy will be updated at least every five years, in order to ensure sustainable development in the country and
sustainable development.
National environmental policy should guide the action of public, central government
and municipal, in the execution of development plans and programs.
DECLARATION OF SOCIAL INTEREST
Art. 4. SOCIAL INTEREST IS DECLARED TO PROTECT AND IMPROVE THE ENVIRONMENT, AS WELL AS THE ADAPTATION AND REDUCTION OF VULNERABILITY TO CHANGE
CLIMATE. PUBLIC OR MUNICIPAL INSTITUTIONS ARE OBLIGED TO INCLUDE, AS A MATTER OF PRIORITY, PLANS AND PROGRAMMES, THE ENVIRONMENTAL COMPONENT AND THE CLIMATE CHANGE. THE GOVERNMENT IS RESPONSIBLE FOR INTRODUCING MEASURES THAT GIVE AN
ADEQUATE ECONOMIC ASSESSMENT OF THE ENVIRONMENT ACCORDING TO THE REAL VALUE OF THE NATURAL RESOURCES, ASSIGNED THE RIGHTS OF EXPLOITATION OF THE SAME IN SUCH A WAY THAT THE CITIZEN TO THE ACQUIRE THEM, USE THEM ACCORDING TO THE PRINCIPLES OF PREVENTION AND PRECAUTION, WITH INTERGENERATIONAL RESPONSIBILITY AND IN A SUSTAINABLE WAY. (2)
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CONCEPTS AND BASIC DEFINITIONS
Art. 5.-For the purposes of this law and its regulation, we will understand:
ADAPTATION TO CLIMATE CHANGE: ADJUSTMENT MADE BY HUMAN OR NATURAL ECOSYSTEMS IN RESPONSE TO THE REAL OR EXPECTED CLIMATE STIMULI OF CHANGE CLIMATE OR ITS EFFECTS, WHICH ATTENUATES HARMFUL EFFECTS,
MITIGATES DAMAGE OR TAKES ADVANTAGE OF OPPORTUNITIES. (2)
FRAGILE AREA: Environmentally degraded coastal zone, protected wilderness areas, and
buffer zones, aquifer recharge zones, and slopes of more than thirty degrees without plant cover or measures conservation and others that by law have been enacted as such.
PROTECTED NATURAL AREA: Those parts of the national territory legally established in order to enable conservation, sustainable management and restoration of the flora and wildlife, related resources and their natural and cultural interactions, which they have high
significance for its function or its genetic, historical, scenic, recreational, archaeological and protective values, in such a way that they preserve the natural state of the biotic communities and the unique geomorphological phenomena.
CLIMATE CHANGE: CLIMATE CHANGE ATTRIBUTED DIRECTLY OR INDIRECTLY TO HUMAN ACTIVITY THAT ALTERS THE COMPOSITION OF THE GLOBAL ATMOSPHERE AND WHICH IS IN ADDITION TO THE NATURAL CLIMATE VARIABILITY OBSERVED OVER TIME PERIODS
COMPARABLE. (2)
LOAD CAPACITY: Property of the environment to absorb or support external agents,
without suffering deterioration such that it affects its own regeneration or prevents its natural renewal in normal terms and conditions or reduces significantly its ecological functions.
ENVIRONMENTAL COMPENSATION: A set of Mechanisms that the State and the population can adopt in accordance with the law to replenish or compensate for the inevitable impacts of their presence in the environment. environment. Compensation can be made directly
or through specialized agents, on the impact site, in surrounding areas, or in areas that are more conducive to replenishment or recovery.
CONSERVATION: human activities to ensure the sustainable use of the environment, including measures for the protection, maintenance, rehabilitation, restoration, management and improvement of natural resources and ecosystem
CONTAMINATION: The presence or introduction to the environment of elements that are harmful to life, flora or fauna, or which degrade the quality of the atmosphere, water, soil or property
and natural resources in general, as set by law.
POLLUTANT: All matter, element, compound, substances, chemical or biological derivatives, energy, radiation, vibration, noise, or a combination of them in any of their
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physical states that when incorporated or acting in the atmosphere, water, soil, flora, fauna, or any other element of the environment, alter or modify its natural composition and degrade its quality,
putting people's health at risk and the preservation or conservation of the environment.
ENVIRONMENTAL control: The audit, monitoring and implementation of measures for the
conservation of the environment.
SONIC POLLUTION: Sounds that by their level, prolongation or frequency affect the
human health or the quality of life of the population, surpassing the legally established permissible levels.
DECOMMISSIONING: The closure and inhibition of the operation of an establishment, building or installation, by administrative or judicial decision, where, in accordance with the law, its functioning is contaminated or jeopardises the elements of the environment, the equilibrium of the ecosystem, or the health and quality
of population life.
ENVIRONMENTAL DAMAGE: All loss, decrease, deterioration or damage caused to the environment
or to one or more of its components, in contravention of legal norms. The damage can be serious when it endangers the health of human groups, ecosystem or species of flora and fauna and irreversible, when the effects it produces are irreparable and definitive.
SUSTAINABLE DEVELOPMENT: of the quality of life of present generations, with economic development, political democracy, equity and ecological balance, without undermining the quality of life of the generations to come.
ENVIRONMENTAL DISASTER: Every event Environmental change, natural or induced, or produced by action human, which by its severity and magnitude puts in
life or human activities or creates significant damage to natural resources, producing severe losses to the country or region.
DISCLAIMER: Material or energy resulting from the inefficiency of processes and activities, which do not have direct use and is permanently discarded.
HAZARDOUS WASTES: Any material without direct use or permanently discarded as a result of its activity chemical or its corrosive, reactive, flammable, toxic, explosive characteristics, spontaneous, oxidant, infectious, bioaccumulative, ecotoxic or
radioactive or other characteristics, which cause danger or endanger human health or the environment, either alone or in contact with other waste.
DESERTIFICATION: The process of land degradation of arid, semi-arid and sub-humid, dry land resulting from various factors, such as climatic variations and human activities.
DESTRUCTION, DISPOSITION END OR DENATURATION: Physical removal, or processing into products innocuous or dangerous goods for the environment, the balance of ecosystems and the health and quality of life of the population, under strict control standards.
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ENVIRONMENTAL DIMENSION: Close interrelationship that must exist between the environment and the development; indicates a characteristic that must have any development plan, either local,
regional, national or global, and that is expressed in the need to take into account the existing environmental situation and its future projection, incorporating elements in a comprehensive way in the process of planning and practical implementation.
BIOLOGICAL DIVERSITY: Variability of living organisms from any source, including terrestrial and marine ecosystems, other aquatic ecosystems, and the ecological complexes of the
s. It includes the diversity of genes, species and ecosystems.
ECOEFFICIENCY: Way to produce or provide a service, with emphasis on the decrease of
economic and environmental costs, as well as the intensity of the use of the resources, through the life cycle of the product or service, respecting the capacity of the ecosystems to load.
ECOSYSTEM: It is the basic functional unit of interaction of living organisms with each other and with the environment, in a space and time.
ENVIRONMENTAL EDUCATION: Environmental training process public, formal, non-formal and informal, for the awareness and development of values, concepts and attitudes towards the protection, conservation or restoration, and the sustainable use of natural resources and the environment.
ENDEMIC: species or phenomenon that is circumscribed or occurs, or is mostly or preferably found, in a particular territory or ecosystem.
CLIMATE SCENARIO: GENERALLY SIMPLIFIED CLIMATE REPRESENTATION FUTURE, BASED ON A SERIES OF CLIMATOLOGICAL VARIABLES, ELABORATED FOR
TO BE USED IN THE RESEARCH OF THE PROBABLE CONSEQUENCES OF ANTHROPOGENIC CLIMATE CHANGE, FOR THE CREATION OF IMPACT MODELS. (2)
ESTABLISHMENT OR DANGEROUS INSTALLATION: Aquella which for the type of the products it produces; or of the raw material it uses, can seriously endanger health, life or the environment, such as explosives factories, Toxic or
hazardous substances, mineral smelters, and those producing radiation.
ENVIRONMENTAL IMPACT STUDY: Diagnostic, Evaluation, Planning
and Control Instrument, constituted by a set of technical and scientific activities carried out by a multidisciplinary team, intended for the identification, prediction and control of the environmental, positive and negative impacts of an activity, work or project, throughout its life cycle, and its
alternatives, presented in a technical report and carried out according to the legally established criteria.
ENVIRONMENTAL ASSESSMENT: The process or set of procedures, which allows the State, on the basis of an environmental impact study, to estimate the effects and consequences that the execution of a given work, activity or project can cause the environment, ensure execution and follow up of measures that can prevent, remove, correct, attend,
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compensate or enhance, as the case may be, such impacts.
ENVIRONMENTAL ASSESSMENT STRATEGIC: Environmental assessment of policies, plans, programs, laws, and legal standards.
ENVIRONMENTAL FORM: A document with an affidavit that is submitted to the competent environmental authority, according to a pre-set format, which describes the basic characteristics of the activity or project to be performed, which by law requires an assessment
of environmental impact as a condition prior to obtaining an environmental permit.
ENVIRONMENTAL PUBLIC MANAGEMENT: All legal activities or mandates that performs or
runs the State or municipalities in relation to the environment with or impact on the environment.
ENVIRONMENTAL IMPACT: Any significant, positive or negative changes to one or more of the components the environment, caused by human action or natural phenomena in a defined area of influence.
ENVIRONMENT: The system of biotic, abiotic, socioeconomic, cultural and aesthetic elements that interact with each other, with individuals and with the community in which they live, determining their relationship and survival, in time and space.
MITIGATION: ANTHROPOGENIC INTERVENTION TO REDUCE SOURCES OR IMPROVE GREENHOUSE GAS SINKS. (2)
PERMISSIBLE LEVELS OF CONCENTRATION: Values or parameters that set the maximum degree of concentration of pollutants that can be discharged into a source, pipeline
or chimney, in places where monitoring is performed or control of the pollutants during the production process or the performance of an activity.
PERMISSIBLE LEVELS OF EXPOSURE: Values of a physical, chemical or biological parameter, indicating the maximum or minimum degree of concentration, or periods of time of exposure to certain elements, compounds, substances, chemical or biological derivatives, energies,
radiations, vibrations, noises or combination thereof, whose presence in an environmental element can cause damage or constitute a risk to human health.
TECHNICAL STANDARDS ENVIRONMENTAL: Those setting the concentration limit values and periods, maximum or minimum permissible elements, compounds, chemical or biological derivatives, radiations, vibrations, noises, odors or combinations thereof,
whose presence or lack in the environment may pose a risk to health or human welfare, life and nature conservation.
OBLIGATION TO REPAIR THE DAMAGE: Legal duty to restore the environment or ecosystem, to the situation prior to the fact, that contaminated, deteriorated or destroyed, when it is possible, or to give compensation to the society as a whole, to replace in the most appropriate and equitable way the damage, in addition to compensating individuals for related damages.
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with environmental damage, as appropriate.
ENVIRONMENTAL PERMIT: Act (a) administrative means by means of which the Ministry in accordance with this law and its regulations, at the request of the owner of an activity, work or project, authorizes the latter to be carried out, subject to compliance with the conditions that this act establishes.
ABANDONMENT PLAN: The document, duly approved by the Ministry, which contains the actions and time limits for its implementation, which the holder of a concession must legally undertake
for the exploration or exploitation of minerals or hydrocarbons, for the restoration of the environment or for compensatory measures, where appropriate,
ESSENTIAL ECOLOGICAL PROCESSES
Those processes that underpin productivity, adaptability and capacity to renew soils, water, air and all of the manifestations
of life.
HAZARDOUS OR HAZARD PROCESSES: Those of the type of technology that they apply, the
raw material they use or transform or the products they generate, put or can endanger health, human life, ecosystems or the environment, such as manufacturing, handling, storage and final disposal of toxic, dangerous, radioactive substances.
GENETIC RESOURCES: Any material of plant, animal or microbial origin or other type of real or potential value containing functional units of inheritance.
NATURAL RESOURCES: Natural elements that man can take advantage of satisfy their economic, social and cultural needs.
TECHNICAL RULES: The guidelines or criteria that regulate the relationships of the human being with its environment in order to ensure the ecological balance.
RETENTION: Dispose and maintain, by resolution of the competent authority, in accordance with the law, under prohibition of movement, use, consumption, storage, cultivation, processing, and security conditions, goods and derivatives of doubtful nature or conditions that they place,
or be able to put, at risk the resources of the environment, the equilibrium of the ecosystems, or the health and quality of life of the population.
SUSPENSION: The temporary cessation of permits, licenses, concessions, or any authorization to install or operate an activity, work or project, when in accordance with the precepts and procedures established by law it is established that the laws and environmental regulations that gave rise to the granting of such permits, licenses and concessionsbeen violated
.
HAZARDOUS SUBSTANCES: Any material with corrosive, reactive, radioactive, explosive, toxic, flammable or biological activity characteristics.
VULNERABILITY: LEVEL OF SUSCEPTIBILITY OF A SYSTEM TO THE ADVERSE EFFECTS
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OF CLIMATE CHANGE, INCLUDING CLIMATE VARIABILITY, EXTREME EVENTS; CHARACTER, MAGNITUDE AND SPEED OF THE SAME, AS TO WHICH
IS EXPOSED, AS WELL AS ITS SENSITIVITY AND ADAPTIVE CAPACITY. (2)
COAST-MARINE ZONE : It is the coastal strip within the first 20
kilometers that ranges from the inland shore inland and the sea area in the area that comprises the open sea, from zero to 100 meters depth, and where the species of organisms of the sea bed are distributed.
AQUIFER RECHARGE ZONE: Place or area where the rain waters infiltrate the soil, which become part of the groundwater or
TITLE II
ENVIRONMENTAL MANAGEMENT
CHAPTER I SYSTEM OF ENVIRONMENT MANAGEMENT
CREATING THE NATIONAL ENVIRONMENT MANAGEMENT SYSTEM
Art. 6.-Create the National System of Environmental Management, formed by the Ministry that will be its coordinator, the environmental units in each Ministry and the autonomous and municipal institutions, will be called SINAMA and will have as purpose establish, operate and maintain
in public sector entities and institutions the principles, standards, programming, direction and coordination of the environmental management of the State.
It will have the following objectives:
a) Establish environmental management coordination mechanisms in entities and
public sector institutions, to implement the environmental dimension in the development of the country;
b) Establish the structural and functional organization of environmental management in public sector entities and institutions;
c) Establish procedures to generate, systematize, register and provide information on environmental management and the state of the environment as a basis for the preparation of environmental plans and programs to assess environmental impacts
of the sectoral policies and to assess the performance of environmental management of the members of the National Environment Management System;
d) Set as own responsibility for the top management of each entity or
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public sector institution implementing, implementing and monitoring management , and,
e) Establish the rules for participation and coordination between this and the Ministry.
Compete the Executive Body in the field of the Environment and Natural Resources, the coordination of the SINAMA, for which it will dictate the policies that will serve as a guide to the design, organization and operation of which will be centralized in terms of normation, and decentralized in terms of the
operation.
ENVIRONMENTAL UNITS
Art. 7.-The public institutions that are part of the SINAMA must have environmental units, organized with their own staff and financed from the budget of the primary units.
The Environmental Units are structures specialised, with the functions of supervising, coordinating and following up on the policies, plans, programmes, projects and environmental actions within its institution and to ensure compliance with environmental standards by the same and ensure the necessary
interagency coordination in environmental management, according to the guidelines issued by the Ministry.
CHAPTER II
POPULATION PARTICIPATION IN ENVIRONMENTAL MANAGEMENT
Art. 8.-The institutions of the National Environmental Management System prior to the approval of their policies, plans and programs, will consult for their environmental management,
with the participation organizations at the level Regional, departmental and local.
POPULATION RIGHT TO BE INFORMED ABOUT ENVIRONMENTAL MANAGEMENT
Art. 9. -The inhabitants have the right to be informed, in a timely, clear and sufficient manner, within a period not exceeding fifteen working days on the environmental policies, plans and programs
related to the health and quality of life of the population, especially for:
a) Participate in pre-definition and approval of environmental policy,
in the forms and mechanisms established in this law and its regulations;
b) Participate in the queries, through the channels established by law, when within its
municipality will be awarded concessions for the exploitation of natural resources;
c) Collaborating with the State's specialized institutions on oversight and oversight
for environmental protection; and
d) Reporting and participating in the queries on activities, works or projects, which may affect or require Environmental Permission.
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The Ministry will establish guidelines for the use of consultation mechanisms public in relation to environmental management. Encourage the participation of non-governmental organizations
environmentalists, business organizations, and academia.
COMMUNITY PARTICIPATION
Art. 10. -The Ministry of the Environment and, as appropriate, the other institutions of the State, will adopt policies and programs specifically aimed at promoting the participation of the
communities in activities and works destined for the prevention of environmental deterioration.
TITLE III
ENVIRONMENT POLICY INSTRUMENTS
CHAPTER I
ENVIRONMENTAL POLICY INSTRUMENTS
Art. 11.-They are instruments of environmental policy:
a) Environmental Ordinance within National or Regional Development Plans
and Territorial Ordinance;
b) Environmental Assessment;
c) Environmental Information;
d) Population Participation;
e) Environmental Incentive and Disincentives Programs;
f) The El Salvador Environmental Fund and any other environmental project financing programs;
g) Science and Technology Applied to the Environment;
h) Education and Training Environmental; and
i) The national environment strategy and its action plan.
CHAPTER II
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INCORPORATION OF THE ENVIRONMENTAL DIMENSION DEVELOPMENT AND MANAGEMENT PLANS TERRITORY
INCORPORATING THE ENVIRONMENTAL DIMENSION INTO DEVELOPMENT PLANS
AND TERRITORY ORDERING
Art. 12.-The Ministry shall ensure that the environmental dimension is incorporated into all the
national, regional and local policies, plans and programs of development and management of the territory.
ENVIRONMENTAL REGIME FOR THE TERRITORY DEVELOPMENT AND ORDER
Art. 13.-Prior to its approval, any policy, plan or program of development and planning of the national, regional or local territory, must incorporate the environmental regime.
ENVIRONMENTAL CRITERIA IN THE DEVELOPMENT AND MANAGEMENT OF THE TERRITORY
Art. 14.-To incorporate the environmental dimension in any policy, plan or program of development and planning of the territory, the following criteria must be taken into account:
a) The economic assessment of natural resources, including the environmental services
that they can provide, according to the nature and characteristics of the ecosystems;
b) The environmental characteristics of the site and its ecosystems, taking into account its
natural resources and cultural and in particular, the natural vocation and the potential use of the soil, being the basin hydrographic, the base unit for territory planning;
c) Existing imbalances by effect of human settlements, development activities and other human activities or natural phenomena;
d) balance that must exist between human settlements, development activities, demographic factors and environmental conservation measures; and
e) The others that point out the laws on the development and management of the territory.
CHAPTER III ENVIRONMENTAL STANDARDS IN THE DEVELOPMENT AND ORDERING PLANS
TERRITORY
ENVIRONMENTAL STANDARDS IN DEVELOPMENT PLANS
Art. 15.-Territorial development and planning plans should incorporate the environmental dimension, based on the following parameters:
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a) Priority uses for areas of national territory, according to their economic and cultural potential, specific conditions and ecological capacities, taking into
the existence of scarce ecosystems, among which must include slopes with more than 30% slope, the marine-coastal zone and continental shelf, aquifer recharge areas, mangroves, areas highly eroded or degraded or with
high population levels, which are established as fragile areas;
b) Localization of industrial, agricultural, forestry, mining, tourism
and services and areas of conservation and absolute protection and restricted management;
c) The general guidelines of the urbanization, conurbation and system plan of
cities;
d) The location of protected natural and cultural areas other subject spaces
to a special system of conservation and improvement of the environment;
e) The location of the infrastructure works for power generation, communications,
transportation, natural resource utilization, extensive area sanitation, disposal and treatment of solid waste and other analogous;
f) The elaboration of zoning, departmental and municipal plans of the
territory; and
g) The location of works for the management, utilization and use of resources
water.
CHAPTER IV ENVIRONMENTAL ASSESSMENT SYSTEM
ENVIRONMENTAL ASSESSMENT
Art. 16.-The environmental assessment process has the following instruments:
a) Strategic Environmental Assessment;
b) Environmental Impact Assessment;
c) Environmental Program;
d) Environmental Permission;
e) Diagnostics Environmental;
f) Environmental Audits; and
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g) Public Consultation.
STRATEGIC ENVIRONMENTAL ASSESSMENT
Art. 17.-The policies, plans and programs of the public administration, should be evaluated
in their environmental effects, selecting the alternative of less negative impact, as well as an analysis of consistency with the National Policy of Management of the Environment. Each entity or institution will make its own strategic environmental assessments. The Ministry will issue guidelines for assessments,
approve and monitor compliance with recommendations.
ENVIRONMENTAL IMPACT ASSESSMENT
Art. 18.-It is a set of actions and procedures that ensure that the activities, works or projects that have a negative environmental impact on the environment or the quality of life of the
population, are submitted from the pre-investment phase to the procedures identifying and quantifying such impacts and recommending the measures that prevent, attenuate, compensate or enhance, as appropriate, by selecting the alternative that would best ensure the protection of the environment.
ENVIRONMENTAL PERMISSION COMPETITION
Art. 19. For the commencement and operation of the activities, works or projects defined in this law,
must have an environmental permit. It will be up to the Ministry to issue the environmental permit, after approval of the environmental impact study.
SCOPE OF ENVIRONMENTAL PERMITS
Art. 20. -Environmental Permit will force the owner of the activity, work or project, to perform all
the actions of prevention, mitigation or compensation, established in the Environmental Management Program, as part of the Environmental Impact Study, the which will be approved as a condition for the granting of the Environmental Permit.
The validity of the Environmental Permit for location and construction will be for the duration of the construction of the physical work; once the construction of the site is completed, including the works or installations of
treatment and attenuation of environmental impacts, will be issued Environmental permit to operate for the time of its useful life and stage of abandonment, subject to the monitoring and control of the Ministry.
ACTIVITIES, WORKS OR PROJECTS THAT WILL REQUIRE AN ENVIRONMENTAL IMPACT STUDY
Art. 21.-All natural or legal persons shall submit the corresponding Environmental Impact Study to carry out the following activities, works or projects:
a) Road works, bridges for mechanized traffic, railways and airports;
b) Sea ports, jetties, shipyards, discharge terminals or transfers of hydrocarbons or chemicals;
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c) Pipelines, gas pipelines, polyducts, carboducts, other pipelines that transport solid products, liquids or gases, and sewerage networks;
d) Treatment, confinement and disposal systems, storage facilities and final disposal of solid waste and hazardous wastes;
e) Exploration, Industrial exploitation and processing of fossil fuels and minerals;
f) Power generation plants from nuclear, thermal, geothermal and hydraulic, wind and tidal power;
g) Power transmission lines;
h) Presas, reservoirs, and hydraulic systems for irrigation and drainage;
i) Works for industrial or commercial exploitation and physical regulation of water resources;
j) Plant or complex fishing, industrial, agro-industrial, tourist or recreational parks;
k) in fragile protected areas or in their buffer zones and wetlands;
l) Projects urbanisation, construction, lotifications or works that can cause negative environmental impact;
m) Projects in the agricultural sector, integrated rural development, aquaculture and forest management located in fragile areas; except for projects forestry and aquaculture that
have development plans, which must be registered with the Ministry from the time of this law, within the time limit set for environmental adequacy;
n) Activities regarded as highly risky, by virtue of corrosive characteristics, explosive, radioactive, reactive, toxic, flammable or biological-infectious
for human health and welfare and the environment, which should be added to an Environmental Risk and Management Study;
n) Projects or industries biotechnology, or involving the genetic management or production of genetically modified organisms; and
or) Any other that may have significant or irreversible impacts on the environment, human health and well-being or ecosystems.
ENVIRONMENTAL FORM
Art. 22.-The holder of any activity, work or project that requires environmental permission for its performance or operation, extension, rehabilitation or conversion shall present to the Ministry
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the environmental form that it requires with the information requested. The Ministry will categorize the activity, work or project, according to its size and the nature of the potential impact.
ELABORATION OF THE ENVIRONMENTAL IMPACT STUDY
Art. 23. The Environmental Impact Study shall be carried out on behalf of the holder, by means of a multidisciplinary technical team. Companies or individuals, who are dedicated to preparing environmental impact studies, must be registered with the Ministry, for statistical and information purposes,
who will establish the certification procedure for Environmental Impact Studies, Diagnostics and Environmental Assessment Audits services.
ASSESSMENT AND APPROVAL OF ENVIRONMENTAL IMPACT STUDIES
Art. 24.-The elaboration of Environmental Impact Studies, their assessment and approval, will be
subject to the following rules:
a) Studies must be evaluated within a maximum of sixty working days counted
from its receipt; this period includes the public consultation;
b) In the event of approval of the Environmental Impact Study, the Ministry shall issue the corresponding Environmental Permit, within a period not exceeding ten working days after
of notified the corresponding resolution;
c) If the periods indicated in the literals have elapsed antecedent, the Ministry, will not be
pronounced, will apply the provisions of Art. 3 of the Law of Administrative Litigation Jurisdiction; and
d) Exceptionally, when by the completeness and dimensions of an activity, work or Project is required for a longer period for evaluation, which may be extended for up to sixty additional business days, provided the reasons for this are warranted.
PUBLIC CONSULTATION OF ENVIRONMENTAL IMPACT STUDIES
Art. 25. The public consultation of Environmental Impact Studies shall be governed by the following rules:
a) Prior to its approval, the studies shall be made of the public's knowledge, at the expense of the holder, within ten working days of the any person deemed to be affected will express their views or make their written observations, which will be announced
in advance in national media and through other means in the form established by the the present law;
b) For those Environmental Impact Studies whose results reflect the the possibility of affecting the quality of life of the population or of threatening risks to human health and well-being and the environment, will be organized by the Ministry a public consultation of the study in it or the Municipalities where it is thought to carry out the activity, work, or project;
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and
c) In all cases of consultations on the Environmental Impact Study, the opinions issued by the public should be weighted by the Ministry.
RESOURCES
Art. 26.-The ruling on an environmental impact study will admit the
resources established in this law and the Law of the Administrative Litigation Jurisdiction.
AUDITS OF ENVIRONMENTAL ASSESSMENT
Art. 27.-To ensure compliance with the conditions set out in the environmental permit by the holder of works or projects, the Ministry will carry out environmental assessment audits according to
the following requirements:
a) audits shall be carried out periodically or at random, in the form established by the
regulation of this law;
b) The Ministry shall be based on such audits to establish the obligations to be fulfilled
or owner of the project or project in relation to the environmental permit; and
c) The audit of Environmental assessment will form the basis for self-regulation programs for activities, works or projects that are coupled to the program.
MONITORING AND MONITORING OF ENVIRONMENTAL ASSESSMENT
Art. 28.-The control and monitoring of the Environmental Assessment, is a function of the Ministry, for the
which will have the support of the environmental units.
BOND OF ENVIRONMENTAL COMPLIANCE
Art. 29.-To ensure compliance with Environmental Permits in respect of the execution of the Environmental Management and Adequation Programs, the owner of the project or project shall be required to submit a
Compliance Fiance for an amount equal to the total costs of the physical works or investments that are required to comply with the environmental management and compliance plans. This bond will last until such works or investments have been made in the previously established form.
CHAPTER V ENVIRONMENTAL INFORMATION
ENVIRONMENTAL INFORMATION
Art. 30.-The Ministry and the Institutions of the National Environmental Management System,
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must collect, update and publish the relevant environmental information
The institutions that make up the National Environmental Management System must provide the information requested by the Ministry, which will be freely accessible to the public.
NATIONAL REPORT OF THE STATE OF THE ENVIRONMENT
Art. 31.-The Ministry will prepare every two years for its presentation to the nation through the
President of the Republic the national report of the state of the environment.
CHAPTER VI
ENVIRONMENTAL INCENTIVES AND DISINCENTIVES ECONOMICS
ENVIRONMENTAL INCENTIVES AND DISINCENTIVES
Art. 32.-The Ministry, together with the Ministry of Economy and Finance, after consultation with the National Council for Sustainable Development, will develop incentive programs and
environmental disincentives to facilitate the conversion of
These programs will be included, in addition to laws that contain tax benefits for those
to carry out processes, activities, environmentally sound projects or products or supporting the conservation of resources
The Multisectoral Investment Bank will establish credit lines for the financial system to support small, medium and micro-enterprises so that they can adapt to the provisions of this law in a timely manner.
SUPPORT FOR ENVIRONMENTALLY SOUND PRODUCTIVE ACTIVITIES
Art. 33.-The Ministry will encourage entrepreneurs to incorporate in their productive activity, processes and environmentally sound technologies, using incentive and disincentives programs, and promoting national and international cooperation. financial and technical.
ENVIRONMENTAL MANAGEMENT FINANCING MECHANISMS
Art. 34.-The State will promote financing mechanisms for public and private environmental management, with private resources or international cooperation, in addition to those assigned for this purpose in the General Budget of the Nation.
SUPPORT FOR THE COLLECTION OF RESOURCES FOR ENVIRONMENTAL MANAGEMENT
Art. 35.-The Ministry shall support the Municipal Governments, governmental sectors and non-governmental sector in the management of resources, through national and international technical and financial cooperation, to be used for activities and conservation, recovery and environmentally sound production projects.
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FINANCING THE ENVIRONMENTAL COMPONENT IN ACTIVITIES, WORKS OR PROJECTS
Art. 36.-In public projects financed from national or municipal budget items, or with external funds, the items needed to finance the environmental component in the projects and the conditions and measures contained in the budget shall be included. the environmental permit authorized by those
projects. NATIONAL ENVIRONMENT AWARD
Art. 37.-Create the National Environment Award, which will be awarded annually by the President of the Republic, to individuals, companies, projects or institutions, which during the year have been highlighted in environmental protection activities or running processes
environmentally sound in the country.
GREEN SEALS OR ECO-LABELING
Art. 38.-The regulation of this Law shall contain the rules and procedures for regulating the accreditation and registration of bodies that certify the environmentally sound
and productshealthy, or coming from the sustainable use of natural resources.
Registered organizations or organizations will issue the green or eco-label to environmentally sound products or processes, after certification by the Ministry.
TITLE IV
DIMENSION ENVIRONMENTAL
UNIQUE EDUCATION AND ENVIRONMENTAL TRAINING
ENVIRONMENTAL DIMENSION IN PRACTICES FOR OBTAINING DEGREES OR DIPLOMAS
Art. 39.-For the purpose of obtaining any academic degree, a portion of the hours of social service shall be allocated to practices related to the environment, as established in the respective laws.
SCIENTIFIC RESEARCH AND TECHNOLOGY
Art. 40.-The National Council of Science and Technology, the Universities, the National Center for Agricultural and Forestry Technology of the Ministry of Agriculture and Livestock, the Ministry of Education and other organizations that promote and develop the scientific and technological research, will include in
their plans, programs and projects of science and technology the environmental dimension.
ENVIRONMENTAL AWARENESS
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Art. 41.-The Ministry will promote with educational institutions, environmental nongovernmental organizations, the business sector and the media, the formulation and development of
environmental awareness programs.
TITLE V
CONTAMINATION PREVENTION AND CONTROL
CHAPTER I SPECIAL PROVISIONS
DUTIES OF STATE PERSONS AND INSTITUTIONS
Art. 42.-All natural or legal persons, the State and its decentralized entities are obliged,
to avoid the deterioration of the environment, to prevent, control, monitor and report to the competent authorities the contamination that it can harm health, the quality of life of the population and ecosystems, especially activities that cause pollution of the atmosphere, water,
the soil and the marine coastal environment.
PREVENTION PROGRAMS POLLUTION CONTROL
Art. 43.-The Ministry of Public Health and Social Assistance, the Ministry of Public Health and the institutions of the National System of Environmental Management, programs to prevent and control pollution and compliance with the the quality standards. Within the same
the gradual introduction of self-regulation programs by the holders of activities, works or projects will be promoted.
CHAPTER II
ESTABLISHING QUALITY TECHNICAL STANDARDS ENVIRONMENTAL
APPROVAL OF ENVIRONMENTAL QUALITY STANDARDS
Art. 44.-. The Ministry, in coordination with the National Council of Science and Technology, will ensure compliance with the technical standards of environmental quality. A special regulation approved by
the President of the Republic will contain these rules.
REVIEW OF ENVIRONMENTAL QUALITY STANDARDS
Art. 45.-It is the obligation of the Ministry, periodically to review the technical standards of environmental quality, in order to propose to the National Council of Science and Technology the necessary readjustment of
agreement to the physical, chemical, biological changes, economic and technological.
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CHAPTER III CONTAMINATION PREVENTION AND CONTROL
INVENTORIES OF EMISSIONS AND RECEIVING MEDIA
Art. 46.-. In order to ensure effective control of pollution protection, it will be established, by the Ministry in coordination with the Ministry of Public Health and Social Assistance and with the competent authorities in the field of use or protection of water, air and soil,
the capacity of these resources as receiving means, prioritizing the areas of the country most affected by pollution.
To do this, it will collect the information it allows to elaborate in form progressive inventories of emissions and concentrations in the receiving media, with the support of the Member institutions of the National Environmental Management System, in order to support the establishment with scientific basis
and the adequacy of the technical standards of air, water and soil quality.
ATMOSPHERE
Art. 47.-The protection of the atmosphere shall be governed by the following basic criteria:
a) Ensure that the atmosphere does not exceed the permissible concentration levels of
pollutants, as laid down in the technical standards of quality of the air, related to substances or combination of substances, particles, noises, odors, vibrations, radiations and light disturbances, and from artificial, fixed or mobile sources;
b) Prevent, decrease or phase out emissions of pollutants into the atmosphere for the benefit of human and human health and
Ministry, with support from the National Environmental Management System, will develop and coordinate the implementation of the National Plans for Climate Change and Protection
of the Ozone Layer, which will facilitate the compliance with international commitments ratified by El Salvador.
PROTECTION OF THE WATER RESOURCE
Art. 48.-The Ministry will promote integrated river basin management, a special law
will regulate this matter.
The Ministry will create a national inter-institutional committee on planning, management and sustainable use
of basins hydrographic. You will also promote the integration of local authorities from them.
MONITORING CRITERIA
Art. 49.-The Ministry will be responsible for monitoring the availability and quality of water.
A special regulation will contain the technical standards for this purpose, taking into account
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the following basic criteria:
a) Ensure, with the participation of users, availability, quantity and quality of water for human consumption and other uses, through studies and guidelines
required;
b) Procurate that the inhabitants use good practices in the use and disposal of the resource
water;
c) Ensure that water quality is maintained within the levels set in the
environmental quality standards;
d) Ensuring that all discharges of polluting substances are previously treated
by those who will cause them; and
e) Watch that in all Wastewater reuse activity, count with the corresponding Environmental
Permit, according to what is established in this Law.
SOIL protection
Art. 50.-The prevention and control of soil contamination will be governed by the following criteria:
a) The Ministry will develop guidelines for environmental zoning and land use. The central government and the municipalities in the formulation of plans and programs of development and territorial planning will be obliged to comply with the guidelines of
zoning when issuing the permits and regulations for the establishment of industries, shops, housing and services, which involve risks to health, human welfare or the environment;
b) The inhabitants shall use good practices in the generation, reuse, storage, transport, treatment and final disposal of household waste,
industrial and agricultural;
c) The Ministry will promote integrated pest management and the use of fertilizers, fungicides
and natural pesticides in agricultural activity, which maintain the balance of ecosystems, in order to achieve gradual replacement
Ministry in compliance with this law and its regulations will monitor and ensure that the use of agrochemicals produces the least impact on the
of theecosystems. A special law will contain the listing of agrochemicals and industrial-use substances whose use will be prohibited.
COASTAL-MARINE PROTECTION
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Art. 51.-To prevent pollution of the coastal-marine environment,
following measures
be taken:(a) The Ministry, in accordance with this law and its regulations, will prevent and control the
spills and gills of wastes, resulting from operational activities of vessels and vessels; and of any pollutant;
b) The Ministry, in coordination with the competent authorities, shall draw up guidelines for the handling of waste originating in the port, industrial, maritime, infrastructure facilities tourism, fisheries, aquaculture, transport and
human settlements;
c) The Ministry of conformity to this law and its regulations will issue guidelines in
relation to the use of water treatment systems waste, coming from the urbanizations and industries that develop in the coastal zone. Any activity, work or project that involves risk of discharge of pollutants in the coastal-marine area
must obtain the corresponding environmental permit.
CONTAMINATION AND FINAL DISPOSAL OF SOLID WASTE
Art. 52.-The Ministry will promote, in coordination with the Ministry of Public Health and Social Care, Municipal Governments and other organizations of society and the business sector the regulation and programs of reduction in the source, recycling, reuse and adequate final disposal of waste
solids. For the above, a national program for the Integral Management of Solid Waste will be formulated and approved, which will incorporate the selection criteria of the sites for their final disposal.
CHAPTER IV
CONTINGENCIES, ENVIRONMENTAL EMERGENCIES AND DISASTERS
ENVIRONMENTAL DISASTER PREVENTION
Art. 53.-The State and its Institutions have a duty to take measures to prevent, prevent
and control environmental disasters.
EMERGENCIES AND ENVIRONMENTAL DISASTERS
Art. 54.-In the light of the imminence or occurrence of an environmental disaster, the Executive Body will declare the state of environmental emergency for the duration of the situation and its consequences, covering
the entire affected area, adopting measures of aid, assistance, mobilization of human and financial resources, among others, to support the affected populations and to seek to mitigate the deterioration caused.
OBLIGATION TO DEVELOP PLANS FOR PREVENTION AND ENVIRONMENTAL CONTINGENCY
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Art. 55. -The Ministry, in coordination with the National Emergency Committee, will prepare
National Plan
Prevention and Environmental Contingency Plan, the latter being the one that will implement it. The Plan will place emphasis on fragile or high-risk areas, according to a National Environmental Risk Map that will be developed by the Ministry with the support of specialized institutions.The institutions, public or private, that carry out dangerous processes or handle hazardous substances or wastes, or are in high-risk areas, which are already defined in the Map
set out in the previous paragraph, are obliged to incorporate the National Plan of Prevention and Environmental contingency in institutional plans for prevention and contingency in their areas and sectors
when it comes to private institutions, they must be granted bail to guarantee the establishment of their Institutional Plan for Prevention and Contingency, incurring administrative responsibility who
have the obligation and do not elaborate such a plan.
To obtain the corresponding environmental permit, the interested companies must
establish their institutional plan for prevention and contingency.
CHAPTER V
ENVIRONMENTAL RISKS AND HAZARDOUS MATERIALS
ENVIRONMENTAL RISKS AND HAZARDOUS MATERIALS
Art. 56.-The Ministry will qualify environmental risk activities according to this law and its regulatory provisions.
INTRODUCTION, TRANSIT, DISTRIBUTION AND STORAGE OF HAZARDOUS SUBSTANCES
Art. 57. -The introduction, transit, distribution and storage of dangerous substances will be authorized by the Ministry, in coordination with the Ministry of Public Health and Social Assistance, the Ministry of Economy and the Higher Health Council. Public; a special regulation will regulate the
procedure for this matter.
HAZARDOUS WASTES
Art. 58.-The Ministry, in coordination with the Ministry of Public Health and Social Care, Economy and the municipalities, according to the relevant laws and regulations, will regulate
handling, storage and final disposal of hazardous waste produced in the country.
PROHIBITION OF THE INTRODUCTION OF HAZARDOUS WASTE
Art. 59.-The introduction into the national territory of hazardous wastes, as well as their transit, release and storage, is prohibited.
CONTAMINATION BY HAZARDOUS SUBSTANCES, WASTES AND WASTES
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Art. 60.-Any natural or legal person using, generating, collecting, storing, reusing, recycling, marketing, transporting, treating or disposing of substances, wastes and hazardous wastes shall obtain the Environmental Permit corresponding, according to what is established in this
law.
PART II
SPECIAL PROVISIONS
TITLE VI
NATURAL RESOURCES
CHAPTER ONLY COMMON PROVISIONS
INCORPORATION OF NATURAL RESOURCES INTO ACCOUNTS NATIONAL
Art. 61.-Corresponding to the Ministries of Finance, Economy and the Central Reserve Bank
in coordination with the Environment and Natural Resources to assign to natural resources an economic assessment and to incorporate them into the accounts
NATURAL RESOURCE UTILIZATION PERMISSIONS
Art. 62.-When the Ministry grants environmental licenses or permits for the use and sustainable use of a natural resource, measures to prevent,
minimize, correct or compensate for the impact
In the environmental permit for the use of natural resources, the
specific environmental protection provisions must be included.
GRANT REQUIREMENT
Art. 63. -The Ministry shall require the person concerned, the concession issued by the competent authority, prior to the granting of environmental permits for the use and use of natural resources
.
REVOKING ENVIRONMENTAL PERMISSIONS FOR RESOURCE UTILIZATION
Art. 64.-The following are causes of revocation of the environmental permits for the use of natural resources:
a) The refusal of the holder of the environmental permit to comply with the conditions laid down in this; and
b) environmental quality and utilization standards
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rational and sustainable resource.
TITLE VI-BIS (2)
ADAPTATION CLIMATE CHANGE
UNIQUE CHAPTER OF CLIMATE CHANGE ADAPTATION
INSTITUTIONAL STRENGTHENING AND SOCIAL RESPONSIBILITY
Art. 64-A.-THE STATE THROUGH THE MIDDLE GOVERNMENT, DECENTRALIZED ENTITIES,
AUTONOMOUS, SEMI-AUTONOMOUS AND MUNICIPAL, WILL ADOPT THE NECESSARY REGULATIONS TO STUDY, INVESTIGATE, PREVENT, PLAN AND RESPOND IN AN URGENT, APPROPRIATE WAY, COORDINATED AND SUSTAINED THE NEGATIVE IMPACTS OF CLIMATE CHANGE.
EVERY NATURAL OR LEGAL PERSON, ESPECIALLY THE PRIVATE SECTOR AND ORGANISED CIVIL SOCIETY, WILL ADOPT PRACTICES THAT ENCOURAGE CONDITIONS FOR
REDUCING VULNERABILITY, IMPROVING CAPACITY FOR FORCED ADAPTATION, AND ALLOW FOR THE DEVELOPMENT OF PARTICIPATORY PROPOSALS TO MITIGATE THE ADVERSE EFFECTS OF CLIMATE CHANGE. (2)
INCORPORATION INTO NATIONAL ENVIRONMENT POLICY
Art. 64-B.-THE MINISTRY WILL INCORPORATE THE ADAPTATION TO CLIMATE CHANGE WITHIN
OF THE NATIONAL ENVIRONMENT POLICY, AS A TRANSVERSAL AXIS OF SPECIAL ATTENTION. (2)
ANTICIPATED AND PLANNED ADAPTATION
Art. 64-C. -THE ADAPTATION OF HUMAN SYSTEMS TO CLIMATE CHANGE WILL BE
ANTICIPATED AND PLANNED, FOR THIS PURPOSE THE MINISTRY:
a) IN COORDINATION WITH THE SINAMA WILL DEVELOP THE REGULATORY NORMS,
TECHNICAL GUIDELINES, GUIDELINES AND INSTITUTIONAL GUIDELINES NEEDED FOR THE PROCESS OF CREATING AND PROMOTING INSTITUTIONAL CAPABILITIES AND REDUCING VULNERABILITY TO COPE WITH ADAPTATION TO CHANGE
CLIMATE IN A PLANNED AND PREFERABLY BEFORE THE EVENT MANIFEST;
b) IDENTIFY, EVALUATE AND SELECT CLIMATE CHANGE ADAPTATION OPTIONS BY ASSESSING RISK AND PRIORITIZING THE CAPACITY OF ECOSYSTEM LOAD OR RESILIENCE, POTENTIAL IMPACTS, CONDITIONS OF
VULNERABILITY, COSTS, EFFECTIVENESS, EFFICIENCY AND FEASIBILITY OF EACH;
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c) WILL LEAD RESEARCH, PROMOTION, DEVELOPMENT AND INCREASED USE OF TECHNOLOGIES THAT REDUCE THE EMISSION OF GREENHOUSE GASES AND CARBON DIOXIDE SEQUESTRATION BY PROMOTING ADVANCED TECHNOLOGIES
OR NOVEL THAT ARE REAL, QUANTITATIVE AND ECOLOGICALLY SUSTAINABLE;
d) IN COORDINATION WITH THE INSTITUTIONS COMPETENT TO IMPLEMENT THE SYSTEMATIC AND PROGRESSIVE DEVELOPMENT OF A MATRIX ENERGY BASED ON SUSTAINABLE AND NON-POLLUTING RENEWABLE ENERGIES; AND,
AND) OTHERS ASSIGNED TO IT IN THIS LAW, REGULATIONS AND SPECIAL LAWS. (2)
NATIONAL CLIMATE CHANGE PLAN
Art. 64-D.-THE NATIONAL CLIMATE CHANGE PLAN, IS THE FRAMEWORK OF INTER-AGENCY COORDINATION OF PUBLIC AND INTERSECTORAL ADMINISTRATION IN THE EVALUATION OF
POLICIES, IMPACTS, VULNERABILITY OF DIFFERENT SECTORS AND SYSTEMS ADAPTATION TO CLIMATE CHANGE.
THE NATIONAL CLIMATE CHANGE PLAN WILL HAVE THE FOLLOWING OBJECTIVES:
A) ACHIEVE INTEGRATION IN CLIMATE CHANGE ADAPTATION FOR THE PLANNING AND MANAGEMENT OF SOCIO-ECONOMIC SECTORS AND SYSTEMS
ECOLOGICAL NATIONAL;
b) ENCOURAGE AND PROMOTE PARTICIPATORY PROCESSES IN ALL SECTORS
INVOLVED IN THE DIFFERENT SECTORS AND SYSTEMS, WITH THE IDENTIFICATION OF THE BEST OPTIONS FOR ADAPTATION AND MITIGATION TO CLIMATE CHANGE WITHIN THE SECTORIAL POLICIES;
c) CREATE AN UNINTERRUPTED PROCESS OF GENERATING KNOWLEDGE AND CAPACITY BUILDING, APPLYING TO ADAPTATION OF CHANGE
CLIMATE;
D) DEVELOPING AND APPLYING METHODS AND/OR TOOLS FOR EVALUATION OF
IMPACTS, VULNERABILITIES AND BETTER ADAPTATION TO CHANGE CLIMATE, IN EACH SOCIO-ECONOMIC SECTOR AND AFFECTED ECOLOGICAL SYSTEM;
e) DEVELOPING REGIONAL, NATIONAL AND SPECIFIC GEOGRAPHIC REGIONS CLIMATE SCENARIOS AND THEIR LINES OF ACTION; AND,
f) IMPLEMENTING CAMPAIGNS AWARENESS AND INFORMATION ON ADAPTATION TO CLIMATE CHANGE. (2)
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OF THE APPROVAL OF THE NATIONAL PLAN
Art. 64-E.-THE MINISTRY WITH THE SUPPORT OF THE NATIONAL SYSTEM OF MANAGEMENT OF THE ENVIRONMENT
ENVIRONMENT, WILL DRAW UP EVERY FIVE YEARS THE NATIONAL PLAN OF CLIMATE CHANGE.
ANY NATIONAL PLAN MUST BE SUBMITTED TO THE PUBLIC CONSULTATION PROCESS WITH
REGARDING THE ENVIRONMENTAL MANAGEMENT THAT THIS LAW REGULATES. (2)
CLIMATE SCENARIOS
Art. 64-F.-THE MINISTRY, WILL DEVELOP FOR THE DIFFERENT SECTORS AND SYSTEMS MODELS OF FUTURE CLIMATE SIMULATION, WITH THE OBJECTIVE TO BUILD CLIMATE SCENARIOS
REGIONAL, NATIONAL AND OF SPECIFIC GEOGRAPHIC REGIONS, THAT ALLOW A BETTER REPRESENTATION OF FUTURE CLIMATE CONDITIONS, TO REDUCE UNCERTAINTY, VULNERABILITY AND PLAN ADAPTATION FOR DIFFERENT ECOSYSTEMS.
THE CLIMATE SCENARIOS WILL BE DEVELOPED CONSIDERING GENERAL ASPECTS IN ORDER TO BE COMPARED WITH OTHER STUDIES.
CLIMATE SCENARIOS WILL BE INCORPORATED INTO THE DIFFERENT ECOSYSTEM MODELS, PRIORITIZING HUMAN HEALTH, BIODIVERSITY, MARINE AND COASTAL WATER RESOURCES, FORESTS, AGRICULTURAL SECTOR, AQUACULTURE, SOIL, TRANSPORTATION, INDUSTRY, ENERGY,
TOURISM, URBANISM AND CONSTRUCTION. (2)
FOLLOW-UP REPORTS
Art. 64-G.-APPROVED THE NATIONAL PLAN OF CLIMATE CHANGE THE MINISTRY WILL HAVE TO ELABORATE EVERY TWO YEARS, A FOLLOW-UP REPORT, SUMMARIZING THE ACHIEVEMENTS, OBSTACLES
AND PROPOSALS IN THE IMPLEMENTATION OF THE SAME AND IN EACH OF THE STRATEGIC AREAS ASSESSED, CONSIDERING CAPACITY BUILDING AND CLIMATE, TECHNOLOGICAL AND FINANCIAL ASPECTS. (2)
TITLE VII
RENEWABLE NATURAL RESOURCES
CHAPTER I
SUSTAINABLE USE
USE AND EXPLOITATION OF RENEWABLE NATURAL RESOURCES
Art. 65. The use and use of renewable natural resources must ensure the sustainability of renewable natural resources, their quantity and quality, and adequately protect the ecosystems to which
belong.
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Institutions that have competencies for the use of the same resource shall coordinate
and make it compatible with the provisions of this law and its regulations to ensure sustainability in the use of this resource.
CHAPTER II BIOLOGICAL DIVERSITY
ACCESS, PROTECTION AND HARNESSING BIOLOGICAL DIVERSITY
Art. 66.-Access, research, manipulation and exploitation of biological diversity, only
may be made by permission, license or concession granted by the authority in charge of administering the resource, to ensure its protection and In accordance with this law, special laws and international conventions ratified by the country. Where appropriate, prior to granting permissions,
licenses or concessions, local communities will be consulted.
SPECIAL CONSERVATION ACTIONS AND ACTIONS
Art. 67.-The State, through the institutions responsible for ensuring biological diversity, will primarily regulate conservation in its place of origin, of species of singular character and
representative of the different ecosystems, endangered or endangered species legally declared, and native species germplasm.
BIOTECHNOLOGY SAFETY STANDARDS
Art. 68.-The Ministry, with the support of specialized institutions, will apply the security standards to which the varieties resulting from human action will be subject through the
biotechnology, supervising their use in order to minimize the adverse impact on native biological diversity.
NATIONAL BIODIVERSITY STRATEGY
Art. 69.-The Ministry, with the participation of the institutions responsible for ensuring the
biological diversity, will formulate in the period not greater than one year counted from the entry into force of this Law, the National Strategy of the Biological diversity, which will be updated regularly. For its formulation and execution the Strategy will integrate all sectors of society.
TITLE VIII
ECOSYSTEMS
CHAPTER I
WATER AND AQUATIC ECOSYSTEMS
MANAGEMENT AND WATER USE AND AQUATIC ECOSYSTEMS
Art. 70. -The Ministry will elaborate and propose to the President of the Republic for approval
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the necessary regulations for the management, use, protection and management of waters and ecosystems taking
into account the current legislation and the following criteria:
a) Your management will be performed under conditions that prioritize human consumption, saving a
balance with other natural resources;
b) aquatic ecosystems must be managed taking into account interrelationships
its elements and balance with others;
c) Actions will be promoted to ensure that the balance of the hydrological cycle does not suffer
negative changes to productivity, balance of ecosystems, conservation of the environment environment, quality of life and to maintain the climate regime;
d) Ensure water quantity and quality, by means of a system that regulates their different uses;
e) Measures to protect the water resources of the the effects of pollution; and
f) Any concessionaire of a water resource for its exploitation will be responsible for its preservation.
RECHARGING ZONE PROTECTION
Art. 71.-The Ministry will identify the aquifer recharge zones and promote actions that will allow
its recovery and protection.
CHAPTER II
COASTAL ENVIRONMENT-MARINE MARINE WATERS AND THEIR ECOSYSTEMS
MANAGING AND PROTECTING COST-MARINE RESOURCES
Art. 72.-It is the obligation of the Ministry, in coordination with the Municipal Councils and the competent authorities, to protect the natural resources of the coast-marine zone.
POLICY FOR ORDERING THE USE OF OFFSHORE RESOURCES
Art. 73.-The Ministry, in coordination with the competent authorities, shall, within one year, draw up, from the date of entry into force of this Law, a Policy on the Ordinance of the Use of Marine Coastal Resources, and propose it to the Council of Ministers for approval that
orients the activities of harnessing and protecting these resources in a sustainable way. A special regulation will contain the rules and procedures for the conservation of these ecosystems.
ESTABLISHMENT OF SPECIAL ZONES
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Art. 74.-The mangroves and reefs are ecological reserve, so it will not be allowed in them
alteration. Coastal-marine areas where these ecosystems are contained will be considered fragile areas.
LAND MANAGEMENT AND SOIL ECOSYSTEMS
Art. 75.-The President of the Republic, on a proposal from the Ministry, will formulate the regulations
regarding the management of soils and terrestrial ecosystems, taking into account the following criteria:
a) The use of soil and ecosystems terrestrial must be compatible with its vocation
natural and productive capacity, without altering its equilibrium;
b) The practices that lead to erosion, soil degradation by
contamination or the modification of their topographical and geomorphological characteristics;
c) Soil conservation and recovery practices, by
who perform agricultural, livestock, forestry, mining, urban, infrastructure, or other activities that affect or may adversely affect their conditions;
d) In the case of construction of civil works and the use of non-renewable natural resources, which may directly or indirectly cause significant deterioration of the soil, regeneration and restoration actions must be carried out. required; and
e) In aquifer recharge areas and watershed prioritize the protection of the
soils, sources and streams of water, ensuring that they maintain and increase their basic flow rates.
For compliance with the above literals, the Ministry will promote special training and technology transfer programs, as well as a National Plan to Combat Deforestation, Erosion and Desertification.
SPECIAL MANAGEMENT WITH SOIL PROTECTION MEASURES
Art. 76.-Degraded or endangered soils should be the subject of special protection, in accordance with the rules laid down in this Law and their regulations.
CHAPTER III MANAGEMENT AND SUSTAINABLE USE OF FORESTS
MANAGEMENT AND SUSTAINABLE USE OF FORESTS
Art. 77. For the management and sustainable use of forests, the following must be taken into account:
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a) The Ministry in coordination with the Ministry of Agriculture and Livestock, in consultation
with the relevant institutions and the organized sectors, develop and implement a set of market mechanisms that facilitate and promote reforestation, taking into account the economic valuation of the forest, in which they are incorporated between
others, non-timber usage values, that of environmental services providing as a protector of water resources, soil, biological diversity, energy, atmosphere carbon fixation, oxygen production and its effects as
climate regulator; and
b) coordination with the entities and institutions involved, will develop a
proposal of those forest areas, which for their value for the conservation of soils, biological diversity and waters, must be acquired by the State or included in programs with funding for their conservation.
The State through funding instances support forest technology and biodiversity exploitation projects.
TITLE IX PROTECTED AREAS
UNIQUE CHAPTER
PROTECTED NATURAL AREAS SYSTEM
SYSTEM CREATION
Art. 78.-Create the System of Protected Natural Areas, which will be constituted by those areas established as such prior to the validity of this law and those that would be created
later.
It is the responsibility of the Ministry to ensure the implementation of the regulations and formulate policies,
plans and strategies for conservation and sustainable management of these areas, to promote and approve plans and strategies for their management and administration and follow up the execution of the same.
SYSTEM OBJECTIVES
Art. 79.-The objectives of the Protected Areas System are as follows:
a) Preserve indigenous biotic zones in a natural state, biological diversity, and ecological processes for the regulation of the environment and natural genetic heritage;
b) Providing and encouraging options for study, technical and scientific research, providing facilities for interpretation and environmental education, and opportunities for the
recreation, recreation and tourism;
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c) Promote and encourage the conservation, recovery and sustainable use of resources
natural;
d) Keep and recover water resource production sources and execute actions
that allow effective control to prevent erosion and sedimentation; and,
e) Keep service delivery environment that is derived from protected areas
, such as fixing carbon, reduced greenhouse effect, contribution to climate stabilization and sustainable energy use.
PROTECTED AREA MANAGEMENT PLANS
Art. 80.-The management of all protected areas must be done according to a Management Plan
that must have the participation of the population involved and must be elaborated by specialists in the topic.
DELEGATION OF THE MANAGING PROTECTED NATURAL AREAS
Art. 81.-The management of protected natural areas will be carried out through the State, who will be able
to delegate this function to private sector organizations or to autonomous institutions that guarantee compliance with the regulations and the execution of the management plan.
TITLE X
NON-RENEWABLE NATURAL RESOURCES
CHAPTER ONLY RATIONAL USE OF NON-RENEWABLE NATURAL RESOURCES
REQUIREMENTS FOR THE USE OF THE NON-RENEWABLE NATURAL RESOURCES
Art. 82.-For the rational use of non-renewable natural resources, without prejudice
of the laws of the matter, the following shall be required:
a) Prior to the grant or permit for the exploitation of resources non-renewable natural resources,
the data subject must present an Environmental Impact Study;
b) The concessionaire of the use of these resources, is responsible for the emissions,
discharges and wastes that occur;
c) In fragile areas only the use of the pairings under the
restrictions imposed by this law and other special ones; and
d) The exploitation of quarries and the extraction of material from the cause of river rivers
and lakes, lagoons and beaches can only be done through permission environmental issued by the Ministry.
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PART III ADMINISTRATIVE, CIVIL AND CRIMINAL LIABILITY
TITLE XI
PREVENTIVE MEASURES AND ANCILLARY SANCTIONS
SINGLE PREVENTIVE MEASURES
ART. 83. -the Ministry may at any time adopt, by means of a reasoned agreement, the measures of a provisional nature which are necessary to ensure the effectiveness of the decision which
could have, to avoid the maintenance of the effects of the
The preventive measures must be adjusted to the intensity, proportionality and needs of the objectives that are intended to be guaranteed in each particular case.
preventive measures may be replaced by a guarantee guaranteeing the restoration of the real or potential damage caused.
The Ministry will condemn the offender at the time of the final decision, to the
repair of damage to the environment and if the damage caused is irreversible will be condemned to compensation to be caused by loss or destruction of natural resources or deterioration of the environment, as well as compensatory measures indispensable to restore
damaged ecosystems.
APPLICATION OF PREVENTIVE MEASURES
Art. 84. -Minister may order of office or at the request of the Public Ministry or any person, whether natural or legal, the preventive measures referred to in the previous article before the
presence or imminence of serious damage to the environment environment, or human health giving a 15-day period for the affected person to appear to demonstrate their defense.
These measures will last as long as the person responsible for the threat of deterioration or deterioration does not eliminate their causes and will be circumscribed. the area, process or product that directly threatens to deteriorate or deteriorate the environment, which it puts in danger or affect the human health and quality
of life of the population.
The minister must resolve on the continuation or recall of the preventive measures that
has imposed in the end of ten days counted from the expiration of the period granted to the affected to manifest their defense.
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TITLE XII
VIOLATIONS, SANCTIONS, CRIMES AND ENVIRONMENTAL LIABILITY
CHAPTER I ADMINISTRATIVE AND CIVIL LIABILITY
LIABILITY FOR POLLUTION AND DAMAGE TO THE ENVIRONMENT
Art. 85. -Who by action or omission, make emissions, giddings, disposal or discharge of
substances or wastes that may affect human health, put at risk or cause harm to the environment, or affect ecological processes essential or the quality of life of the population, will be responsible for the fact committed or the omission, and will be obliged to restore the environment or
affected ecosystem. If this restoration is impossible, it will compensate the State and individuals for the damages caused.
CHAPTER II ENVIRONMENTAL VIOLATIONS
ENVIRONMENTAL VIOLATIONS
Art. 86. -They constitute violations of this law, and their regulations, actions or omissions
committed by natural or legal persons, including the State and the Municipalities:
a) Start activities, works or projects without have obtained the environmental permission
corresponding;
b) Supply false data in environmental impact studies, environmental diagnostics
and any other information that is intended to obtain the permit environmental;
c) Failure to comply with the obligations contained in the environmental permit;
d) No render, in the terms and deadlines stipulated, the sureties established by this Law;
e) Authorizing activities, works, projects or concessions, which by law require environmental permission, without having been granted by the Ministry;
f) Grant environmental permits, knowing that the proponent of the activity, work, project or concession has not met the legal requirements for it;
g) The refusal of the concessionaire for the use or exploitation of natural resources prevent, correct or compensate for the negative environmental impacts of the activity under granting within the terms and terms that for that purpose has been
fixed, taking into account the levels of impacts produced;
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h) Violating technical standards of environmental quality and rational use and sustainable
of the resource;
i) Prevent or hinder the investigation of properly identified employees,
belonging to the Ministry or other authority legally empowered to do so, or not to provide them with collaboration necessary to carry out environmental inspections or audits in the activities, plants, works or projects;
j) Issue pollutants that violate the permissible levels laid down in regulation;
k) Skip to give timely notice to the competent authority, on spill of substances, products, waste or waste hazardous, or polluting, endangering human life and integrity; and
l) Failure to comply with the other obligations imposed by this law.
CLASSIFICATION OF ENVIRONMENTAL VIOLATIONS
Art. 87-Environmental violations are classified in less serious and serious, taking into account
the damage to the environment, natural resources or human health.
a) They are less serious infractions, those provided for in the (d); (g); (j); (k) and (l) of Art. 86; and
b) These are serious violations, the others described in Art. 86.
APPLICATION OF SANTIONS
Art. 88.-The penalties for violations established in this Law will be applied by the
Ministry, prior to the due process of legal process.
The Minister may delegate the instruction of the procedure to officials of his/her dependency.
FIXING THE FINES
Art. 89.-The fines will be established in monthly minimum wages, equating each monthly minimum wage to thirty minimum urban daily wages in force for the city of San Salvador. DECLARED UNCONSTITUTIONAL
Less serious infractions will be sanctioned from two to a hundred minimum monthly wages; and the severe ones, from one hundred to five thousand minimum monthly wages. *DECLARED UNCONSTITUTIONAL
Corresponding to the sanctioning authority will qualify the violation. The administrative sanctions do not exonerate the penalty of the criminal liability in which it incurs.
PROPORTIONALITY AND BASIS OF SANCTIONS
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Art. 90.-In the imposition of the administrative penalties provided for in this law, the principle of proportionality shall apply in respect of the infringement and the sanction, taking into account the following circumstances:
a) damage to the environment, to the health or quality of life of the persons;
b) The actions the offender took to repair the damage caused;
c) The benefit obtained by the offender;
d) The economic capacity of the infringer; and
e) The reiteration in violation of this law and its regulation.
TITLE XIII
CHAPTER I SANCTIONING ADMINISTRATIVE PROCEDURE
START OF THE PROCEDURE
ART. 91.-The administrative sanctioning procedure will be initiated ex officio, by complaint or by
notice to the Ministry.
When the National Civil Police, Municipal Councils, Attorney General of the Republic or
Attorney General for The Defense of Human Rights, having knowledge of any means of an environmental offence, will immediately proceed to inspect the place or places where the offence was committed. The inspection report that will be lifted will constitute proof of the commit
of the same.
The innocence of the alleged offender is presumed throughout the sanctioning procedure.
PREVIOUS ACTIONS
Art. 92.-Prior to the initiation of the sanctioning procedure, prior actions may be carried out by officials of the Ministry with competence to investigate, to ascertain, to inspect in environmental matters, for the purpose of preliminarily determine the concurrency
of circumstances that warrant it.
PROCEDURE INSTRUCTION AND SUBSTANTIATION
Art. 93. -The procedure instruction will be ordered by a motivated resolution, in which
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indicate at least the following:
a) The official ordering the instruction with the expression of place and date of the decision;
b) Appointment of the instructor of the procedure, who will act by delegation and the secretary of action who will also have the privileges of the notifier;
c) the facts justifying the instruction, the kind of infringement which is constituted and the
d) Indication of the right of view of the proceedings, of alleging and invoking the laws and other legal reasons justifying the action by the alleged infringer, to provide evidence of discharge, to make use of the hearing and the other warranties that make up
due process of law; and
e) Provisional measures that have been taken.
The resolution ordering the instruction shall be notified to the alleged infringer observing the formalities laid down in Article 220 (3) of the Code of Procedure Civilians. The act
of the notification shall be given copy of the act which the effect is lifted and of the previous actions, if any.
The accused will have the deadline of fifteen days, to count of the following of the cited notification
in the above paragraph to provide the allegations, documents and information they deem appropriate and will propose the means of proof to which they intend to assert themselves and will point out the facts they intend to prove.
period of allegations shall be open to evidence of the procedure for 10 working days.
TEST ASSESSMENT
Art. 94. -Reports from environmental officials constitute evidence.
The test will be evaluated according to the rules of healthy criticism.
MOTIVATION OF THE RESOLUTION
Art. 95. -The resolution that decides the origin or provenance of the administrative sanctions will be duly motivated and will resolve all the issues raised by the parties.
VALUE OF ENVIRONMENTAL DAMAGE
Art. 96.-Whenever an administrative penalty is imposed, the offender will be ordered
restore, refund or repair the damage caused to the environment, granting him a reasonable period of time to do so. Case of non-compliance will be determined by experts appointed by the Ministry
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the value of the investment that must be intended for such purposes.
Certification of the value and of the resolution ordering the restoration, restitution or repair of the damage will have executive force against the offender.
REVIEW RESOURCE
Art. 97. -Any decision rendered in the administrative phase shall admit the review appeal, which shall be known and shall be resolved by the Minister with a view to the file within ten working days. The time limit for filing will be five business days counted from the notification and will be optional
for the purposes of the Administrative Contentious action.
MINIMUM SANCTION
Art. 98. -In any state of the proceedings the alleged infringer may acknowledge that he has committed the offence attributed to him and whether he will restore or repair the damage caused to the environment
and compensate the individuals who have suffered damages, the minimum sanction will be imposed.
CHAPTER II JUDICIAL procedure
SECTION I
JURISDICTION AND JURISDICTION (1)
ENVIRONMENTAL JURISDICTION
Art. 99.-THE ENVIRONMENTAL JURISDICTION TO KNOW AND RESOLVE ACTIONS THROUGH WHICH CIVIL LIABILITY IS DERIVED FROM ACTS THAT THREATEN THE
ENVIRONMENT CORRESPONDS TO:
(a) THE ENVIRONMENTAL COURTS OF FIRST INSTANCE; AND,
b) THE SECOND INSTANCE ENVIRONMENTAL CHAMBERS WITH A SEAT IN THE CITY OF SAN SALVADOR, SANTA ANA AND SAN MIGUEL, SO THAT THEY KNOW IN DEGREE
APPEAL OF THE SENTENCES AND THE CARS THAT, IN THE ENVIRONMENTAL COURTS OF FIRST INSTANCE, PUT AN END TO THE PROCESS, AS WELL AS THE RESOLUTIONS THAT THE LAW EXPRESSLY STATES. THEY WILL ALSO KNOW IN THE FIRST INSTANCE
OF THE LAWSUITS THAT ARE JOINTLY INITIATED AGAINST THE CIVIL SERVANTS AND THE STATE, IN THEIR CAPACITY AS A SUBSIDIARY GUARANTOR. (1)
SECTION II
ACTION AND CIVIL LIABILITY
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CIVIL LIABILITY
Art. 100. -The State, decentralized entities and any natural or legal person who by action or
omission deteriorates the environment, is obliged to repair the damages caused.
When possible, it must restore the ecosystems damaged or compensatory actions
in cases that the damage is irreversible.
WHEN IT IS A LEGAL PERSON, IT IS LEGALLY PRESUMED THAT THE ACTS
OF ITS ADMINISTRATORS, WORKERS AND COMPANIES WITH WHOM HAVE CONTRACTUAL RELATIONS, HAVE BEEN EFFECTED BY THEIR ORDER AND MANDATE; CONSEQUENTLY, THEY WILL BE JOINTLY AND SEVERALLY LIABLE FOR THE ENVIRONMENTAL DAMAGE CAUSED. (1)
Contractors and subcontractors also respond in solidarity.
Dealing with acts of civil servants and public employees will respond directly and primarily; and, the State in a subsidiary form.
CIVIL ACTION
Art. 101. THE CIVIL ACTION MAY BE EXERCISED BY NATURAL OR LEGAL PERSONS WHO HAVE SUFFERED DAMAGES RESULTING FROM ENVIRONMENTAL DAMAGE.
THE STATE, THE MUNICIPALITIES, THE PUBLIC MINISTRY AND THE OFFICIAL AUTONOMOUS INSTITUTIONS, WILL BE OBLIGED TO SUE WHEN ENVIRONMENTAL DAMAGE EXISTS.
NATURAL PERSONS, WHETHER INDIVIDUALLY OR COLLECTIVELY, WHO ARE CONSIDERED TO BE AFFECTED MAY INTERVENE UNDER THE COMMON LAW OR BE
REPRESENTED BY THE ATTORNEY GENERAL ' S OFFICE, WHO WILL BE OBLIGED TO ATTEND COMPLAINTS ABOUT ENVIRONMENTAL DAMAGE AT THE MOMENT THEY ARE AWARE OF. (1)
OF THE PROCEDURE (1)
Art. 102.-THE CIVIL ACTION REFERRED TO IN THIS LAW SHALL BE DEALT WITH AS A GENERAL RULE, IN A COMMON DECLARATIVE PROCESS, IN THE MANNER PROVIDED FOR IN THE CIVIL AND COMMERCIAL PROCEDURAL CODE, WITH FULL RESPECT FOR THE CONSTITUTIONAL RIGHTS OF HEARING AND DEFENSE.
WHEN IT IS VALUED FOR DAMAGES REFERRED TO IN ARTICLE 96 (2) OF THIS LAW, THE
SETTLEMENT OF DAMAGES, IN THE FORM ESTABLISHED IN THE PROCEDURAL CODE, MAY BE PROCESSED IN THE EXECUTIVE PROCESS. CIVIL AND COMMERCIAL.
THE CIVIL ACTION REFERRED TO IN THE FIRST PARAGRAPH OF ARTICLE 43 OF THE CRIMINAL PROCEDURAL CODE MAY BE PROCESSED IN THE ENVIRONMENTAL COURTS WHERE THERE IS NO VALUE
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OF THE DAMAGES, IN ORDER TO QUANTIFY THE DAMAGES AND CONTINUE THE EXECUTION OF THE
STATEMENT.
EVERY PROCESS WILL START WITH WRITTEN OR VERBAL DEMAND; IN THIS LAST CASE
THE JUDGE WILL ORDER THAT HE SETTLE IN THE MINUTES, WHICH MUST OBSERVE THE RELEVANT FORMALITIES. ONCE THE PROCESS IS STARTED, IT WILL BE DIRECTED AND PROMOTED ON ITS OWN INITIATIVE. (1)
OF THE TEST (1)
Art. 102 A.-IN THE PROCESS, THE JUDGE SHALL HAVE THE POWER TO COLLECT FROM HIS OFFICE
EVIDENCE WHICH HE CONSIDERS RELEVANT TO ENABLE HIM TO ESTABLISH THE EXTREMES OF THE FACTS AT ISSUE IN THE PROCEEDINGS.
AUTHORITY REPORTS CONSTITUTE EVIDENCE.
THE MEANS OF PROOF RECOGNIZED IN THE COMMON LAW, IN ADDITION
OF THE TECHNICAL AND SCIENTIFIC MEANS, SHALL BE ADMISSIBLE.
TESTS WILL BE VALUED IN ACCORDANCE WITH HEALTHY CRITICISM.
THE ENVIRONMENTAL COURTS SHALL PERFORM THEIR JUDICIAL FUNCTION SUBJECT TO THE PROVISIONS OF THE CONSTITUTION, TREATIES AND INTERNATIONAL CONVENTIONS, RATIFIED BY EL SALVADOR, ENVIRONMENTAL LEGISLATION, CASE LAW AND PRINCIPLES DOCTRINAIRES
OF THE ENVIRONMENTAL LAW. (1)
OF THE LOAD OF THE TEST (1)
Art. 102-B.-THE BURDEN OF PROOF IN THE ENVIRONMENTAL PROCEEDINGS SHALL BE FOR THE DEFENDANT.
THE JUDGE WILL ORDER THE RELEVANT TECHNICAL STUDIES TO SUBSTANTIATE YOUR RESOLUTION. (1)
OF THE PRECAUTIONARY MEASURES (1)
Art. 102-C.-THE PRECAUTIONARY MEASURES MAY BE DECREED BY THE COMPETENT ENVIRONMENTAL JUDGE, EITHER ON ITS OWN INITIATIVE OR AT THE REQUEST OF A PARTY, AS A PRIOR ACT OR IN ANY STATE
OF THE PROCESS, WHICH MUST CONFORM TO THE INTENSITY, PROPORTIONALITY AND NECESSITY OF THE OBJECTIVES THAT ARE INTENDED TO BE ENSURED IN EACH INDIVIDUAL CASE, SUCH MEASURES MAY NOT BE SUBJECT TO CAUTION OR ENTRENCHING, AND THE FOLLOWING
BUDGETS:
SHOULD BE TAKEN AS THE BASIS FOR THE THREAT OR IMMINENCE OF DAMAGE TO THE ENVIRONMENT
THAT MAY AFFECT HUMAN HEALTH OR NOT.
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b) THAT THE PRESENCE OF DAMAGE TO THE ENVIRONMENT, WHICH COULD
GENERATE DANGER OR AFFECT HUMAN HEALTH AND THE QUALITY OF LIFE OF THE POPULATION.
(c) THAT IS IN THE NEED TO PREVENT DAMAGE TO THE PERSONS OR PROPERTY OF THE AFFECTED, AS LONG AS THESE ARE DERIVED FROM THE ASSUMPTIONS OF THE PREVIOUS LITERALS.
WHEN THE REQUEST FOR PRECAUTIONARY MEASURES IS AS AN ACT PRIOR TO THE REQUEST, THE JUDGE WILL ORDER BY ANY MEANS TO CORROBORATE THE FACTS IN WHICH
THE PETITION IS BASED, WITH THE PUBLIC ENTITIES OBLIGED, NO TYPE OR NATURE, TO MEET THE REQUIREMENTS OF TECHNICAL SUPPORT THAT THE AFOREMENTIONED JUDGE MAKES FOR THOSE EFFECTS.
IF THE TECHNICAL REPORT ISSUED BY THE PUBLIC ENTITIES CORROBORATES THE EXTREMES RAISED IN THE PARTY ' S REQUEST, THE JUDGE MUST ORDER THE
CONTINUITY AND WILL HAVE A PERIOD OF NOT MORE THAN FIVE DAYS. IN ORDER TO CERTIFY THE FILE TO THE ATTORNEY GENERAL OF THE REPUBLIC, IN ORDER TO PROMOTE THE CORRESPONDING ACTION WITHIN A MAXIMUM PERIOD OF FIFTEEN WORKING DAYS.
THE JUDGE MAY ORDER THE PRECAUTIONARY MEASURES SUCH AS THE TOTAL OR PARTIAL SUSPENSION OF THE EVENT, ACTIVITY OR PROJECT; THE TEMPORARY CLOSURE OF ESTABLISHMENTS AND ANY OTHER NECESSARY TO PROTECT THE ENVIRONMENT AND THE QUALITY OF LIFE OF THE
PERSONS.
PRECAUTIONARY MEASURES ARE SUBJECT TO PERIODIC REVIEW. THE JUDICIAL AUTHORITY
SHALL ALWAYS ASSESS, FOR THE IMPOSITION, REVOCATION OR MAINTENANCE, THE PROPORTIONALITY OF THESE AND THE BALANCE BETWEEN THE LEGAL ASSETS THAT MAY BE IN CONFLICT.
IF THE MINISTRY OF THE ENVIRONMENT AND NATURAL RESOURCES HAS ORDERED PREVENTIVE MEASURES ON THE BASIS OF ARTICLES 83 AND 84 OF THE LAW OF THE ENVIRONMENT AND HAVE FAILED TO COMPLY, IN ACCORDANCE WITH ARTICLE 42 OF THIS
LAW, WILL CERTIFY THE FILE TO THE ENVIRONMENTAL JUDGE, TO INITIATE THE RESPECTIVE PROCESS, AND IF IT CONSIDERS NECESSARY, WILL ORDER THE PRECAUTIONARY MEASURES OF THE CASE. (1)
EFFECTS OF THE DEFINITIVE STATEMENT
Art. 103.-THE JUDGE, IN THE FINAL JUDGMENT, MUST RESOLVE ON THE CIVIL LIABILITY CLAIMED AND WHATEVER ITS CONSEQUENCE, IN ADDITION TO THE PROVISIONS OF ARTICLE 100 (2) OF THIS LAW.
IN ADDITION, YOU MUST DECIDE, WHERE APPROPRIATE, ON THE PRECAUTIONARY MEASURES THAT YOU HAVE DECREED.
IF THE SENTENCE IS DAMNING, THE COURT MUST RULE AND ORDER
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GUILTY OF RESTORATION, RESTITUTION OR REPAIR OF DAMAGE TO THE ENVIRONMENT
SETTING, SETTING A TIME LIMIT FOR DOING SO, ON THE BASIS OF A TECHNICAL OPINION ESTABLISHING IT.
IN THE CASE OF THE FINAL PARAGRAPH OF ARTICLE 101, THE FINAL JUDGMENT SHALL, AS THE CASE MAY BE, PREJUDICE OR TAKE ADVANTAGE OF ALL MEMBERS OF THE COMMUNITY WHO HAVE BEEN MENTIONED IN THE APPLICATION. (1)
FAILURE OF THE DEFINITIVE STATEMENT (1)
Art. 103-A.-WHEN THE GUILTY JUDGMENT IS NOT UPHELD, THE COURT OF OFFICIO SHALL ORDER THE LIEN OF THE GOODS OF THE SENTENCED PERSON.
IF IN THE MISSED FINAL JUDGMENT AS PROVIDED FOR IN THE SECOND PARAGRAPH OF ARTICLE 100, THE FUNDS COMING FROM THE EXECUTION OF THE VALUE FIXED FOR THE ENVIRONMENTAL MEASURES DECREED IN THE FINAL JUDGMENT, HARAN
EFFECTIVE UNDER THIS LAW AND WILL BE DEPOSITED IN THE ACCOUNT OF FOREIGN FUNDS IN CUSTODY.
IF THE STATE DOES SO DIRECTLY, IN ORDER TO COMPLY WITH WHAT IS ORDERED IN THE JUDGMENT, THE ECONOMIC RESPONSIBILITY FOR THE CULPRIT WILL BE THE TOTAL OF THE STATE ' S EROGADO; AS WELL AS A PERCENTAGE OF THE ADDITIONAL 10% ON THAT AMOUNT.
THE ECONOMIC RESPONSIBILITY REFERRED TO IN THIS LAW SHALL BE DEDUCTED WITHOUT PREJUDICE TO THE CRIMINAL, ADMINISTRATIVE OR OTHER LIABILITY TO WHICH IT OCCURS. (1)
APPEAL RESOURCE
Art. 104.-The final judgment will be appealed in effect and will be dealt with in accordance with the Civil Procedure Code.
CHAPTER III
CRIMINAL LIABILITY
CRIMINAL LIABILITY
Art. 105.-That as a consequence of infringing the provisions set forth in this law will incur a crime, it shall be sanctioned in accordance with the provisions of the Penal Code.
ACTION PENAL
Art. 106.-The environmental criminal action is public and its exercise corresponds to the Office of the Prosecutor General of the Republic, without prejudice to the ability of natural or legal persons to exercise their right of
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personal action in accordance with the provisions of this Law and the Criminal Procedure Code.
TITLE XIV
TRANSIENT AND FINAL PROVISIONS
UNIQUE CHAPTER
ENVIRONMENTAL DIAGNOSTICS
Art. 107.-The holders of public or private activities, works or projects, which are located
operating upon the entry into force of this law, which according to Art. 20 of the present law must be subject to environmental impact assessment, are required to produce an environmental diagnosis within a maximum of two years and submit it to the Ministry for approval. The Ministry may set deadlines
for up to one year in cases of activities, works or projects in operation that generate hazardous products or use hazardous processes or generate highly polluting emissions.
the diagnosis must be accompanied by its corresponding environmental adequacy program as a requirement for the granting of the respective permit; it must contain the types and levels of pollution and environmental impacts of the activity, work or project in execution.
The content, scope, and procedures for processing will be established in the regulations of this law.
ENVIRONMENTAL ADEQUACY PROGRAMS
Art. 108.-The Environmental Adequation Program must contain all measures to reduce
pollution levels to mitigate or compensate, as the case may be, negative impacts on the environment.
For the implementation of the Program Environmental adequacy, the holder of an activity, work or project, will have a maximum period of three years.
The previous period may be reduced, in the case of activities, works or projects in operation that produce dangerous products or use processes or generate highly polluting emissions.
VOLUNTARY APPLICATION PLANS
Art. 109.-When due to the complexity and the dimensions of the activity, work or project, that must
undergo an Environmental Diagnosis and its corresponding Environmental Adequation Program, and at the request of the owner, the owner may benefit from a Plan Voluntary Application, which will involve the realization of an Environmental Audit with whose results the owner will elaborate with the direction of the Ministry
the corresponding Plan of Environmental Adequation. The implementation period of such a plan may not be longer than two years.
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SUSPENSION TO OPERATE
Art. 110. -Activities, works or projects that are operating and that do not comply
with the provisions of Art. 107, 108 and 109, will be suspended until they comply with the legal requirements established.
ENVIRONMENTAL COMPETITION
Art. 111.-Corresponding to the Courts of First Instance and the Chambers of the Second
Instance with jurisdiction in civil or mixed matters to know about the violations committed to this law and regulations, as long as the Courts referred to in Art. 99.
FIRST NATIONAL REPORT OF THE ENVIRONMENT
Art. 112.-The first national report on the state of the environment referred to in Article
31 of this law, shall be drawn up by the Ministry and presented to the nation by the President of the Republic within a period of not more than six years. months counted from the time of this law.
FIRST PROCEEDINGS
Art. 113.-While not in force the Penal Code, issued by Legislative Decree No. 904, dated December 4, thousand nine hundred and ninety-six, published in the Journal
Official No. 11, Volume 334, of the twentieth of January from one thousand nine hundred and ninety-seven, the Peace Judges will have the competence to collect the first proceedings for the environmental crimes committed in their jurisdiction.
REGULATION
Art. 114. -The President of the Republic shall issue the general regulation of this law and the
special rules established therein, within a period of not more than one hundred and eighty days, counted from the date of its validity.
SPECIALTY ACT
Art. 115. -This law is of special character therefore its rules will prevail over
any other than the contrarien.
VALIDITY
Art. 116. -This law will enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, two days from the month of March of a thousand nine hundred and ninety-eight.
JUAN MARTINEZ
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PRESIDENT
GERSON MARTINEZ CIRO CRUZ ZEPEDA PENA FIRST VICE PRESIDENT VICE PRESIDENT
RONAL UMANA NORMA FIDELIA GUEVARA DE RAMÍRIOS THIRD VICE-PRESIDENT FOURTH VICE-PRESIDENT
JULIO ANTONIO GAMERO QUINTANILLA JOSÉ RAFAEL MACHUCA ZELAYA FIRST SECRETARY SECOND SECRETARY
ALFONSO ARISTIDES ALVARENGA GERARDO ANTONIO SUVILLAGA GARCIA THIRD SECRETARY FOURTH SECRETARY
ELVIA VIOLETA MENJÍVAR JORGE ALBERTO VILLACORTA MUNOZ FIFTH SECRETARY SIXTH SECRETARY
CASA PRESIDENTIAL: San Salvador, 24 days in the month of April, one thousand nine hundred and ninety-eight.
PUBLISH, ARMANDO CALDERÓN SOL, President of the Republic.
Miguel Araujo, Minister of the Environment and
Human Resources.
D. O. N ° 79 Took N ° 339
Date: May 4, 1998
REFORMS:
(1) D.L. No. 1045, APRIL 12, 2012; D.O. No. 88, T. 395, MAY 16, 2012.
(2) D.L. No. 158, OCTOBER 11, 2012; D.O. No. 211, T. 397, NOVEMBER 12, 2012.
EXTENSIONS:
-D.L. Nº 891, 27 APRIL 2000; (Art. 107) D.O.Nº 89, T. 347, 16 MAY 2000.
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-D.L. Nº 77, 24 JULY 2003; (Art. 107)
D.O. NO 158, T. 360, AUGUST 28, 2003. (FOR MUNICIPALITIES TO COMPLY WITH ENVIRONMENTAL IMPACT)
-D.L. No. 862, NOVEMBER 4, 2005;
D.O. NO 226, T. 369, DECEMBER 5, 2005.
AUTHENTIC INTERPRETATION:
D.L. Nº 566, OCTOBER 4, 2001; D.O. NO 198, T. 353, OCTOBER 19, 2001.
UNCONSTITUTIONALITY:
*THE CONSTITUTIONAL ROOM OF THE SUPREME COURT OF JUSTICE, BY WAY OF SENTENCE No. 139-2013, PUBLISHED IN D. O. No. 144, T. 408, OF AUGUST 12, 2015, DECLARES ART UNCONSTITUTIONAL. 89 INC. 1 ° AND 2 °, AS REGARDS THE LEGAL CONSEQUENCE-PENALTY OF FINE, FOR NON-OBSERVANCE OF THE CONSTITUTIONAL PRINCIPLE OF CRIMINAL LEGALITY -ART. 15 OF THE CONSTITUTION OF THE REPUBLIC-TO THE EXTENT THAT THE FORWARDING FOR ITS COMPLEMENTATION DOES NOT EXIST TO LGUNA IN THE EXECUTIVE DECREES N ° 103, 104, 105 AND 106 ALL OF 1-VII-2013, PUBLISHED IN THE OFFICIAL JOURNAL NO 119, TOOK 400, OF 1-VII-2013. (JQ/16/10/15)
TRANSIENT DISPOSITION:
TRANSIENT DISPOSITION ON INTEGRAL TREATMENT OF SOLID WASTE.
D.L. No. 237, FEBRUARY 8, 2007; D.O. No. 47, T. 374, MARCH 9, 2007. (Art. 107)
RELATED PROVISIONS:
AUTHORIZATION FOR A PERIOD OF 45 DAYS FOR THE USE OF THE ASIGULF SANITARY FILLERS, LOCATED IN THE CARMEN, DEPARTMENT OF THE UNION;
TECOLUCA, DEPARTMENT OF SAN VICENTE; Y, ACAJUTLA, DEPARTMENT OF SONSONATE. D.L. No. 102, AUGUST 20, 2009;
D.O. No. 188, T. 385, OCTOBER 9, 2009.
ERECT ENVIRONMENTAL JURISDICTION WITH COMPETENCE IN CIVIL ACTIONS,
IN WHICH ENVIRONMENTAL RESPONSIBILITIES ARE TO BE BROUGHT TO BEAR. D. L. No. 684, 22 MAY 2014; D. O. No. 105, T. 403, 9 JUNE 2014. PARTIAL REPEAL:
REPEAL THE DEADLINE SET IN ARTICLES 6 AND 7 AND GRANT NEW
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DEADLINE OF 31/12/2015, AS EXTENDED BY
PRESENT DECREE. D. L. No. 8, 28 MAY 2015, D. O. No. 108, T. 407, JUNE 16, 2015. (VENCE 31/12/2015)
PARTIAL DEROGATION FROM D. L. NO 8/15. PARTIALLY REPEAL ART. 2, CONCERNING THE DEADLINE FOR THE CREATION OF THE SECOND-INSTANCE ENVIRONMENTAL CHAMBER BASED IN SAN SALVADOR, AND
EXTEND THE COMPETENCE OF THE THIRD-PARTY CHAMBER OF THE FIRST SECTION OF THE CENTER. D. L. No. 172, NOVEMBER 12, 2015;
D. O. No. 217, T. 409, NOVEMBER 25, 2015. (EXPIRES 31/12/2016) TRANSITIONAL PROVISION TO D. L. N ° 172/15 TRANSITIONAL PROVISION TO EXTEND THE CREATION OF THE COURTHOUSE
ENVIRONMENTAL WITH HEADQUARTERS IN SANTA ANA AND THE ENTRY INTO OPERATION OF THE ENVIRONMENTAL COURT BASED IN SAN MIGUEL. D. L. No. 215, DECEMBER 10, 2015;
D. O. No. 235, T. 409, DECEMBER 21, 2015. (VENCE 1/07/2016)
JCH 07/06/12
SV 05/12/12
SV 11/07/14
SP 17/07/15
JQ 16/10/15
SP 22/12/15
JQ 02/02/16
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