Key Benefits:
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WASTE INTEGRAL N
Capaculo I-General Provisions
ArtAculo 1Aº. (Object).-This law is intended to protect the environment and promote a sustainable development model, in accordance with what is established in the Law No. 17.283, of 28 November 2000, by means of the prevention and reduction of the negative impacts of the generation, the management and all stages of the management of the waste and the recognition of its possibilities generate quality value and employment.
ArtAculo 2Aº. (Statement of general interest).-Suspend the first paragraph of article 21 of the Law No. 17.283of 28 November 2000, which will be worded as follows:
| " It is of general interest to protect the environment against all affections which could be derived from generation, management and any of the waste management operations and their components, whatever their type and throughout their life cycle ". |
ArtAculo 3Aº. (Definitions).-For the purposes of this law it is understood by:
| ) | Residue or waste: substances, materials, or objects, of which someone follows or gives final disposition, or is proposed or is obliged to detach or give you final disposition. They cease to have such a condition when they are subjected to some operation of valorization, under the conditions set forth in the regulation. The Ministry of Housing, Territorial Planning and the Environment (MVOTMA) can establish for the residues derived from the productive activity, the end of the residue condition in temporary form, to the extent that of the analysis Corresponding sectoral issues arise that the residue has entered into the by-product category. Such tests must be performed in a periodic and coordinated manner with the Ministry of Reference. | |
| B) | Subproduct: substances, materials or objects resulting from a production process whose primary purpose is not the production of the product, under the conditions laid down by the regulation, which must consider the utility of the byproduct in the same activity or in others, as its uses for research and development. | |
| C) | Waste value: set of actions whose objective is to recover a residue or one or more of the materials that compose it, including the calorific power thereof. The valorization comprises the preparation for reuse, recycling, and energy value. | |
| D) | Energy value: employment of a waste in order to take advantage of its calorific power. | |
| E) | Comprehensive waste management: management operations and other policy actions, planning, regulatory, administrative, financial, organizational, educational, evaluation, monitoring and audit actions, referred to wastes. | |
| F) | Waste Gestiing: all operational actions to which you are submits a residue for its valorization or dispositionation final, including, among others, the characterization and classification, initial dispositionation, collection, transport, treatments and transformations, marketing and final disposal. | |
| G) | Initial disposition: deposit or abandon the waste made by the generator, in the way you determine the applicable regulations. | |
| H) | Recoleccion: is the set of actions comprising the transient and regulated collection of the initial dispositionand the load of the waste in vehicle-enabled gatherers. | |
| I) | Selective collection: collecting by discriminating by type of residue in function of its treatment and subsequent value. | |
| J) | Transport: comprises the travel of the waste between the different sites included in its management by vehicles enabled. | |
| K) | Treatment: comprises the set of operations that have the conditioning and the value of the waste. | |
| L) | Waste conditioning: operations performed to match the waste for its final value or disposal. | |
| M) | Final disposition: alternative by which the waste placement is derived for treatment in sanitary filling or Long-term deposits, which should be operated to avoid or minimize impacts on the environment and human health, is established by the Law No 18.308, of 18 June 2008. | |
| N) | Fill Waste long-term health or storage: the civil works built on the ground in order to dispose of the waste definitively, according to the Act NA ° 18.308, 18 June 2008. | |
| A ') | Reutilization: action by which the waste is reconditioned to that end, without involving a production process. | |
| O) | Recyclage: use of a residue as input or raw material in a production process, excluding energy value. | |
| P) | Storage: accumulation of waste in a specific place for a given period, under the conditions set by the regulation. | |
| Q) | Extended liability: transfer of responsibility for waste management or funding from waste management to subjects other than the generator. | |
| R) | Waste Generator: physical or legal person, public or private, whose activity is Waste, either permanently, spores, or or eventually. | |
| S) | Waste manager: physical or legal person, public or private, which performs any of the waste management operations and is authorized in accordance with current regulations. | |
| T) | Waste classifier: physical person who has the collection and classification of waste as one of its main means of production, whether it operates in the formalized carA or is in the process of formalization in the framework of public policy programs. | |
| U) | Sorts of waste in origin: action taken by the generator consisting of: distinguish, discriminate, and group waste according to its characteristics and in accordance with the criteria laid down in the regulations. | |
| V) | Segregation at the initial disposal of the sorted waste: process performed by the generator, manager, or waste classifier that consists of the discrimination between those wastes which shall follow the value of the value of the final device. | |
| W) | Internal Gestiation of Waste: Acciation made by the generator and by which internal procedures are established for classification, segregation, storage, among others. |
ArtAculo 4Aº. (Application scope).-Within the scope of application of this law, all waste is its type and origin, except for radioactive waste and waste generated in the Mining exploration or exploitation, when they can be managed in the site where the mining activity takes place.
This law includes the waste or semi-solid waste, as well as those in the lAquida or gaseous phase, which, due to its physical characteristics, cannot be entered into the traditional systems for the treatment of discharges or emissions.
ArtAculo 5Aº. (Types of waste).-For the purposes of this law and for an appropriate management, the following types of waste are established, without prejudice to other types of regulation:
| ) | households: those generated in households as a result of activities domestic and daily, including minor works of repair within them, as long as they do not correspond to other types of waste regulated by specific national standards. They are included in this type of waste, those which-by their composition and quantity-are of similar characteristics to the above mentioned and are generated in small establishments, which develop commercial or services, according to what is established in the departmental governments ' competence through departmental decree. | |
| B) | Cleanup of public spaces: those from the cleaning of streets and public spaces, to green or recreational areas and, in general, the places to be used for public use, carried out directly or indirectly by departmental or municipal services. | |
| C) | Of economic-productive activities: those generated by public activities or private, commercial, administrative, administrative, services, agricultural and industrial production, among others. | |
| D) | Sanitarios: los generated by human or animal health care centers and services, including those that develop activities related to research and diagnosis. | |
| E) | Construction works: those generated in the construction activities, reform or demolition of works, except those from minor works of domestic repair that are considered to be understood in household waste. | |
| F) | Contaminated soil: the one whose characterAstics have been negatively altered by the presence of Hazardous cter components, which must be regulated by establishing the criteria and standard of concentration from which they are considered to be at risk unacceptable to human health and the environment. | |
| G) | Sediments: sediments from dredging or similar activities, requiring a Specific management by the presence of contaminants or other causes. | |
| H) | Special: those that by their composition or character have been regulated to have independent management of the other types of waste. For the purposes of this law, special waste is considered: |
| 1) | packaging and packaging waste, whatever their origin and function; | |
| 2) | other plastic waste other than packaging and packaging; | |
| 3) | the water and battery waste; | |
| 4) | electro-electrical waste; | |
| 5) | out-of-use pneumatics; | |
| 6) | non-edible used oils; | |
| 7) | edible used oils; | |
| 8) | the vehicles out of use. |
The regulation will define its composition, the criteria and guidelines of management corresponding to each, as the characteristics that define its danger in accordance with other national norms and international instruments. applied.
ArtAculo 6Aº. (General Duty).-The State, departmental governments, autonomous entities, decentralized services, all of the State and non-state public law persons, as well as the persons or legal persons private, they must minimize the generation of waste and manage the same according to what is established in this law and in the specific regulations that are dictated in the matter.
ArtAculo 7Aº. (Generator responsibility).-Any waste generator of any kind will be responsible for the management of the same in all stages, corresponding to the liability of the costs for this, except for the exceptions that establishes the law and in accordance with the provisions of the regulation.
The different operations corresponding to the waste management may be fulfilled by third parties, provided that they are duly authorized or enabled according to what is established by the regulation.
ArtAculo 8Aº. (National competition).-Corresponding to the MVOTMA, through the National Directorate of the Environment, the application of this law, as the comptroller of its compliance.
Suspend the second paragraph of article 21 of the Law No. 17.283of 28 November 2000, which will be worded as follows:
| " The Ministry of Housing, Territorial Ordinance and Environment will dictate the providences and will apply the necessary measures to regulate the management of the waste, whatever its type, including the generation, the collection, the transport, the storage, the marketing, the recycling and other forms of valorization, treatment and final disposal of the same ". |
ArtAculo 9Aº. (Departmental Competition).-Without prejudice to the national competences in this field, it is up to the departmental governments to exercise the tasks assigned to them in the present law. and to lay down additional rules to facilitate or ensure compliance.
Suspend the literals D) and E) from the numeral 24 of the article 35 of the Law No. 9.515,28 October 1935, which shall be drawn up as follows:
| " D) Cleaning the streets and all sites for public use, as well as the transport of waste generated in such operations, for recycling or other forms of valorization, treatment and final disposal. "E) The collection of household waste and its transport, for recycling or other forms of valorization, treatment and final disposal." |
Chapter II-National waste management policy and its instruments
ArtAculo 10. (National waste policy).-The national waste management policy is part of the national environmental policy, and should be based on the principles set out in Article 6Aº of the Law No. 17.283, dated November 28, 2000, according to the following specific applications and supplements:
| A) | Waste regulations and measures will reflect a visit The invention also includes environmental, social, cultural, economic and technological variables, ensuring the economic, social and environmental sustainability of the actions that are derived from them. | |
| B) | The management of the waste will tend towards an integral model, which will cover the entire life cycle of the products, including when appropriate, those associated with the design and use of the products, in order to avoid and minimize waste generation and to facilitate the value of the waste generated. | |
| C) | Local and regional diversities will be considered, adapting the model applicable to these characteristics, in search of the efficiency and efficiency of the system. | |
| D) | The involvement of the set of the society in the management of the waste must tend to the establishment of a shared responsibility system for which the awareness of the various sectors, such as the implementation of sustainable production and consumption modes. | |
| E) | Recognition that waste is capable of generating value and employment in the framework of a formal production process. |
ArtAculo 11. (General Waste Management Guidelines).-Waste management should be adjusted to the following general guidelines:
| A) | hierarchical Scale: |
| 1) | The minimization of the generation in origin must be prioritized against any alternative, through the search of the efficiency and efficiency of the productive processes, the application of better technologies available, the best Environmental practices and the criteria of production and consumption sustainable. | |
| 2) | In a subsidiary form, the reuse and value of the residue must be promoted through recycling. | |
| 3) | It is established in third place of the scale, the energy value and other forms of valorization of waste, driving the continuous improvement and stimulating increasing the corresponding indexes. | |
| 4) | La The alternative of final disposal will be considered as an option of the last instance, contemplating the prevention, mitigation or compensation of the negative environmental impacts that of it could be derived. |
| B) | The application of the hierarchical scale must tend to achieve the best global results, through viable and sustainable solutions, determining in each case the form of articulation of all of them, in order to optimize the performance of the system as a whole. |
| C) | Promote the development of national capabilities for the management of the waste generated by the activities performed in the paAs, by applying the Better technologies available at all stages of this management, so that they take into account the particularities of our market and scale. |
| D) | The alternatives of valorization and final disposal of waste must comply with the environmental norms in force, through the adoption of new technological packages and the development and the reconversion of the facilities existing and operational processes. |
| E) | The various operations Waste management must be carried out through formal activities which ensure compliance with applicable health and environmental conditions and discourage informal activities in waste management. |
| F) | The social and labor inclusion of the waste classifiers must be promoted. |
| G) | Waste management plans must define the way to promote the treatment of organic waste which can be compostable, for the purpose of making the value of waste viable as improved soil or fertilizers, according to the guidelines set by the MVOTMA. |
| H) | Waste management plans should seek solutions that consider the possibilities of mitigation and adaptation to climate change and the diversification of the national energy matrix. |
| I) | The free circulation of waste between the different zones and jurisdictions of the paAs should be maintained in order to facilitate the regionalization processes and the effectiveness of the waste management, under the conditions and with the restrictions laid down by the Regulation. |
| J) | The education and training must be encouraged for a waste management that is responsible, participatory, efficient and effective, seeking transparency in the stages of such management. |
| K) | The departmental governments and the municipalities must guide their management plans to the establishment of complementary mechanisms that contribute to the classification and segregation in origin and the selective collection. |
ArtAculo 12. (Specific guidelines for the management of household waste).-Without prejudice to the general guidelines set out in the previous article, the following guidelines will apply to household waste. Specific:
| A) | The organization of waste management should be promoted In areas or regions, which may include several departments or parts thereof, for the most efficient value, treatment and final disposal of the waste. The Executive Branch can set the standard standards in relation to the quality of services, in terms of environmental aspects. |
| B) | The reduction of generation, segregation in origin and selective collection should be promoted as criteria for the management of waste. addresses. |
| C) | The inhabitants will be responsible for sorting and segregating the household waste, as well as its device initial, according to applicable regulations. |
| D) | You must tender to the uniformization of selective collection schemes at level national, in order to facilitate the segregation of waste and the integration of regional services. The MVOTMA can set national criteria for those effects. |
| E) | adopt mechanisms to ensure system sustainability and promote the social inclusion of registered classifiers. |
| F) | The final disposal must be reserved in the field as a last option, in order to achieve the intended goals to be established in the National Waste Management Plan. Likewise, the reduction of the number of final disposal sites should be promoted, favoring the scale of the economy and the rationalisation of the final collection and disposal. The final disposal sites must comply with the environmental mAnimos criteria that the National Environment Directorate establishes. |
| G) | The necessary mechanisms must be adopted to effect environmental improvements on the final disposal sites that are maintained in operation and proceed to perform the works Closing and conditioning of the sites of final disposal that projects will be closed or no longer operational, including monitoring and evaluation within the deadlines established by the regulation and the implementation of the actions necessary to ensure the restrictions of land use on the sites shut down. |
| H) | The inhabitants must be encouraged to know the efficiency and the costs of the various activities of that management. |
| I) | Special waste collection systems generated at home level must be designed and operated as integrated subsystems for the collection of household waste. |
ArtAculo 13. (Instruments for Waste Management).-Without prejudice to the instruments set by the Law No 17.283of 28 November 2000, constitute instruments for the management of waste, among others, the following:
| A) | Planning at the national, regional, departmental, and local level, according to what is provided for in this law. |
| B) | Waste management plans by type of waste and the individual plans of the respective generators that are set. |
| C) | Programs and projects for the improvement of waste management or the promotion of the minimization of the generation or value of waste. |
| D) | The information environmental, social and economic associated with the generation and management of waste and the processes of sensitization, education and environmental training in the field. |
| E) | The establishment of meters and standards for the management of operations related to generation, collection, transportation, valorization, treatment and final disposal of waste, as well as guAs or technical standards to be established. |
| F) | The tests and risk assessments on the management of contaminated sites or waste. |
| G) | Economic and financial instruments, such as incentives and other promotion instruments, such as the "nones, taxes, deposit systems" or "with reimbursement", the constitution of guarantees and insurance. |
| H) | The authorizations, ratings, and affidavits related to the waste management. |
| I) | Performance audits and capacity certifications. |
| J) | Administrative sanctions and other supplementary measures. |
Capaculo III-Planning for Waste Management
ArtAculo 14. (National Waste Management Plan).-Compete to the MVOTMA the formulation of the National Plan of Waste Management, as the instrument of strategic planning at national level for the implementation and development of the National waste management policy.
The Plan must be approved by the Executive Branch and will have a range of at least ten years, and must be reviewed and updated every five years.
The first National Waste Management Plan must be approved within a maximum of two years from the entry into force of this law.
ArtAculo 15. (departmental waste management plans).-Compete to each departmental government the elaboration of the respective Departmental Plan of Waste Management, as the instrument of strategic planning at the level departmental, integrating the plans or initiatives of the municipalities in the field, in the appropriate cases.
The departmental plans will have the same scope as the National Waste Management Plan, which will be referred to as a reference for the purposes of the action of actions, the implementation of indicators and the fulfillment of goals. In addition, they will provide their review and periodic update mechanisms.
Each Intendant will communicate the respective approved plan to the Commission that is created in article 17 of this law, within the maximum period of two years from the publication of the National Plan for Waste and Reporting yearly on the application of the same.
The MVOTMA will establish mechanisms to support departmental governments for the formulation of departmental waste management plans.
ArtAculo 16. (Contents of the plans).-The National Waste Management Plan, as well as departmental plans, will contain the guidelines of public and private action.
They will be formulated on the basis of what is established by this law, in particular with regard to the principles of the waste policy and the guidelines in the field, as well as the provisions of the regulation.
ArtAculo 17. (Coordination of planning).-It is up to the MVOTMA to coordinate with the departmental governments for the elaboration and implementation of the plans, as well as the departmental or regional strategies.
Crate the Commission of Coordination and Planning on Waste, such as coordination, technical cooperation and collaboration among the competent public administrations in the field of waste. This commission will function in the Mbito of the MVOTMA and will be composed of three representatives of the State Department and three mayors or secretaries-general in representation of the Congress of Intendants. Its operation will set it up.
This Commission will have as tasks:
| A) | Driving coordination, cooperation, and collaboration between public administrations as regards waste. |
| B) | Advising on the elaboration and implementation of the National Plan of Gestiation Waste, management strategies and departmental waste plans, including the design of general guidelines for the latter. |
| C) | Analyze the application of waste regulations and their impact at the level of each department. |
| D) | Identify indicators and key aspects for meeting plan goals. |
ArtAculo 18. (Information about management plans).-Waste management plans have a public character. They will be given wide diffusion, clearly indicating the role of the population in them.
Waste management plans and resolutions that approve them must be published in the Official Journal and on official websites, along with relevant management indicators.
ArtAculo 19. (Participation in planning).-The regulation will establish the mechanisms of participation of the stakeholders and of the public in general, in the elaboration and follow-up of the plans to which it refers capadulo.
Waste management plans should be accompanied by education and training actions for a waste management that is responsible, participatory, efficient and effective, seeking transparency in the stages of such management.
Capaculo IV-From Pre-Due and Waste Valorization
ArtAculo 20. (Priorization).-Waste management plans and public or private actions in the field must include actions to prioritize:
| A) | The prevention, avoiding or minimizing waste generation, through measures such as the use of more durable and properly designed products, the use of returnable packaging and the application of the best technologies available in relation to the efficient use of raw materials and raw materials, including water and energy. |
| B) | The value of the waste for reuse or its reconversion into raw material recycled, asA to replace traditional fuels for power generation or to produce compost or other products, among other purposes. |
| C) | The social inclusion of the classifiers through the processes of valorization of waste, in accordance with the provisions of this law. |
ArtAculo 21. (Classification and segregation).- Every generator and manager is responsible for managing waste streams in segregated form for the purposes of facilitating the processes of value.
The systems of classification and segregation in origin, as well as of selective collection, must tend to the search efficiency of the system of value and must be designed according to the final destinations of the materials and with the There are social, environmental and economically sustainable solutions.
ArtAculo 22. (Faculties for the provision).-For the purposes of reducing environmental impacts and facilitating the effective implementation of the waste scale, the Executive Branch may:
| A) | Set guidelines and goals for the reduction of generated waste and for the reduction of the final device. | |
| B) | Dictate the required measures to provide an incentive for the appropriate design of products and services to those effects. | |
| C) | Restricting or prohibiting production, import, marketing and use of those products or materials that generate environmental impacts or risks, including human health. |
ArtAculo 23. (Valorization).- The State, departmental governments, self-appointed entities, decentralized services, all of the state and non-state public law persons, as well as companies, Private persons or private juradic persons, must implement internal systems of classification and segregation of waste in recyclable and non-recyclable within a maximum period of two years from the entry into force of this law.
The Executive Branch through the MVOTMA will establish the technical guidelines for the fulfillment of this article, and may include gradual goals in terms of the advancement of the system.
ArtAculo 24. (Recycling promotion).-For the purpose of encouraging waste recycling, it will be promoted:
| A) | Activities to generate national capabilities for the Waste valorization, with special emphasis on recycling processes. | |
| B) | The technical and financial cooperation between the public and private sectors, both for the development of new products on the basis of materials recovered from waste, as well as for technologies that allow recycling. The State will promote research and technological development aimed at defining the best possible solutions for waste management. | |
| C) | The improvement of the marketing of waste for its use and value, encouraging the encounter between supply and demand and access to information the recyclers and acopios as well as the users who will be valued the same. The Ministry of Industry, Energa and MinerAa, in coordination with the MVOTMA will have the responsibility of the administration of the information system linked to the national capacities for the valorization of waste in order to facilitate the identifying possible targets. | |
| D) | The inclusion of the Prioritization of the acquisition of goods of national production that incorporate recycled materials, among the aspects of environmental sustainability that should be observed in the public procurement, as provided for by article 152 of the Text of the Ordinance of Accounting and Financial Administration of the State (TOCAF). |
ArtAculo 25. (Information on recycling).-Manufacturers and importers of products are obliged to disclose the information necessary to facilitate the recycling and proper management of waste associated with their respective products. products.
The MVOTMA can set guidelines and criteria for this.
ArtAculo 26. (Food for human consumption).-In the manufacture and marketing of food for human consumption, the reduction in the source of losses, waste and surplus of food, through the improvement of the processing and manufacturing of the same, as in the processes for their import, deposit, distribution and marketing, in order to implement changes in the patterns of consumption and marketing.
In cases where surplus food is generated for human consumption, it will be promoted as a human food, provided that it maintains its health and food safety conditions. Food surpluses that occur at the end of the manufacture and marketing of food for human consumption, mainly related to the behavior of the retailers and the retailers, will be understood by surplus food. consumers.
With regard to the residues of food intended for human consumption that cannot be used for the use referred to in the previous paragraph, their use as animal feed shall be prioritized, provided that they have and maintain the health and safety conditions. animal food safety.
Capaculo V-Recycling Chain Order
ArtAculo 27. (Recycle chain formalization).-Only duly authorized and registered persons or legal persons can permanently or repeatedly perform the various operations related to the obtention and marketing materials for recycling, such as marketing and distribution of recycled products.
Within the six-month period from the entry into force of this law, the MVOTMA, in coordination with the Ministry of Labor and Social Security and the Ministry of Economic and Financial Affairs, will establish the guidelines for the Authorisation and registration, including mechanisms to ensure traceability and formalisation of the waste recycling chain, in an inclusive and effective manner.
ArtAculo 28. (Promotion).-The regulation will establish the forms of promotion of the processes of valorization of waste and the adaptation of the chain of recycling to what is established in this law, including the forms of comptroller of the marketing of materials recovered from the waste.
ArtAculo 29. (Enabling and prohibitive).-The maximum period for the adaptation of the different subjects involved in the chain of the disposal of waste to what is established in this law and its regulations of three years from the entry into force of this law.
As of the expiration of the term, the marketing of waste by operators who have not obtained the corresponding authorization or have no current registration is prohibited.
Capaculo VI-From the inclusion of classifiers
ArtAculo 30. (General provisions).-The social, labor and productive inclusion of the classifiers in the waste management is subject to the provisions of this law, without prejudice to other public policies in the field. material.
The activity of the classifiers must be regulated by the Executive Branch, without prejudice to the measures that are established at the departmental level to facilitate their inclusion in the formal system and the generation of appropriate working conditions.
The actions for social, labor and productive inclusion arising from the national waste policy and the plans provided for in this law should be considered in conjunction with other public policies. The Executive Branch through the Ministries of Labor and Social Security and Social Development, must follow up on the actions referred to.
ArtAculo 31. (Include processes).- The processes of promoting social, labor, and productive inclusion that are intended or derived from this law must:
| A) | Incorporate equity criteria. |
| B) | Count with social, transient, and multidimensional accompanying mechanisms to strengthen the transit work, strengthening perspectives and projects personal and viable access to rights, goods and social services. |
| C) | Support training and training for the task, enhancing the acquisition of knowledge and specific skills needed for their good performance, both from the individual perspective and from the collective perspective. |
ArtAculo 32. (Public inventory of initiatives).-Create the inventory of social and productive inclusion initiatives of classifiers. The same shall be carried out by the Ministry of Labour and Social Security, and its first version shall be available no later than six months after the entry into force of this Law.
ArtAculo 33. (Registration of classifiers).-The registration of waste classifiers for the implementation of the social inclusion actions provided for in this law, which will be carried out by the Ministry of Labour and Social Security.
This State Department, in coordination with the Ministry of Social Development, will establish the conditions and requirements for the registration, which must be in operation within the maximum period of six months from the entry into validity of this law.
To be able to access the benefits of social, labor and productive inclusion arising from the application of this law, classifiers must be registered.
ArtAculo 34. (Certificate of Competence).-The Ministry of Labour and Social Security, in coordination with the National Institute of Employment and Vocational Training (INEFOP) and the Ministry of Social Development, must elaborate and implement a qualification certificate program for classifiers, in order to improve their inclusion in formal employment and to tend to ensure adequate levels of performance in the work.
ArtAculo 35. (EstAmulo to private companies).-Comet al Ministerio de Trabajo y Seguridad Social, in coordination with the Ministry of Social Development and the Ministry of Industry, Energaa and MinerAa, the development of a program of incentive to private companies associated with the management of waste, for the recruitment of registered classifiers, which must be aimed at the new jobs generated from the entry into force of this law.
That program will be run according to what you set the regulation.
ArtAculo 36. (Support actions).- The State, departmental governments, autonomous entities, decentralized services, all state entities and non-state public law persons should prioritize in the processes of acquisition of waste management services, registered classifiers or those incorporated in the form provided for in the regulation.
ArtAculo 37. (FONDES).-Agri-gase to article 13 of Law No. 19,337, dated August 20, 2015, the following literal:
| " D) Promote and support the development of cooperative enterprises or other forms of self-managed associations integrated by waste classifiers and that allow the consolidation and development of productive and sustainable enterprises that support the processes of social inclusion, labor and production of the classifiers of wastes ". |
ArtAculo 38. (INEFOP).- Agri-gase to item 2A ° of the Law No. 18.406, of 24 October 2008, the following literal:
| " R) Cooperate, participate, and provide support for the development of assistance that responds to the creation, formalization and consolidation of the productive chain associated with the value of waste and in particular, to those processes that promote the social inclusion, labor and productive of classifiers ". |
Chapter VII-Special Waste
ArtAculo 39. (Manufacturers and importers).-It may only manufacture or import products reached by the specific rules related to the management of special waste persons or legal persons who are duly registered in the registry to be created in the MVOTMA.
ArtAculo 40. (Traders and intermediaries).-The merchants and points of sale to the consumer, as well as the other intermediaries in the chain of distribution and marketing of products reached by the waste regulations Special items, including packaging, are required to receive and accept the return of products or packaging once their life is completed in accordance with what is established in the Gestition Plans.
The Executive Branch, through the regulation of this law, must establish the conditions for the effective application of the obligation referred to in the preceding paragraph and determine the scope of the obligation.
ArtAculo 41. (Extended liability).- The extended liability of the manufacturer and importer in the management of the special waste is established, except in those cases where, as provided for in this law, they are taxed for Internal Specific Tax products from which they are generated.
ArtAculo 42. (Financing).- Please see Chapter 11 of the 1996 Ordered Text the following article:
| " ARTACLE 1Aº BIS.-The first will be taxed at any Title, and the impact on its own use, made by the manufacturers and importers of the goods that are detailed, with the fixed amount per unit physical unit or the rate to be set by the Executive Branch, whose maximum values in each case are indicated: A) Envases: Excluding those referred to in the following literal. The Tax will be determined on the basis of a fixed amount per set of assets, the maximum value of which will be 10 (ten) Units Indexed per kilogram. B) Other Goods: 1) Disposable boxes and boxes used for contain products: Maximum rate 180% (one hundred and eighty percent). 2) Film plastic: Maximum rate 20% (twenty percent). 3) Vasos, dishes, cutlery, sorbets and demA dishes or disposable table utensils: Maximum rate 180% (one hundred and eighty percent). 4) Single-use bags for transporting and containing goods, including those defined in the Law No. 19,655, August 17, 2018: Maximum rate 180% (one hundred and eighty percent). The rates referred to in literal B) will apply to the manufacturer's or importer's no-tax sale price, with The provisions of Article 35 of the Law No. 18.083, ofDecember 2006. The Executive Branch shall be required to determine the basis of the goods covered by that literal, in accordance with the criteria laid down in Article 33 of the Law No. 18.083, of 27 December 2006. The Executive Branch shall also be empowered to set differential rates and amounts for the various types of goods included in this Article. type of material, volume, weight, recycling feasibility and the significance of the environmental impact associated with the final disposal of the same. In the import of packaged goods, the containers containing them, in the conditions to be determined by the Executive Branch. In this case, the tax will be final and will be determined on the occasion of the import on a fixed amount per physical unit corresponding to the package containing the imported product, the value of which will be more than 10 (10) Units Indexed per kilogram. In case the importer does not provide the required information for the tax determination, the same will be determined on the maximum value set in the previous paragraph. The Executive Branch give a tax credit to the manufacturers or importers of goods they use for their marketing returnable packaging under the conditions it establishes, provided that the return of the same is credited through certificates issued by the National Environment Directorate of the MVOTMA. Executive branch to grant a tax credit to entities that implement systems of collection or recycling of the goods referred to in the first subparagraph. To access the benefit set out in the preceding paragraph, the entity shall have to: accredit the effectiveness of these systems through certificates issued The National Directorate of the Environment of the MVOTMA, under conditions to be determined by the Executive Branch. The tax credits referred to in the preceding points cannot exceed the Internal Spinning Tax corresponding to each one of the returnable containers or of the disposable goods that are collected or recycled " |
ArtAculo 43. (Criteria for special waste programs).- The public order programs for selective collection, sorting and valorization of materials corresponding to numerals 1) and 2) of the Article 5Aº of this law shall be executed according to the following criteria:
| A) | The design and execution must be agreed with departmental governments, tending to the efficiency of operations and maximization of the Recovery and Valorization Indexes. |
| B) | required operations must be run by both private and public entities. |
| C) | For operations that are not executed by departmental governments, the allocation of quotas or service contracts must be carried out by means of public and competitive procurement processes, which consider (i) the implementation of the national legislation; formal work, through mechanisms that promote inclusion in the entry of classifiers into the formal system. |
| D) | The selection criteria will be governed by evaluation mechanisms that must integrate the variables quality and price of the service, as well as the generation of formal jobs directed to waste classifiers. |
| E) | The private companies that operate the systems must be both private companies and classifier cooperatives, in both formally constituted cases. |
| F) | Control of operations will be carried out by the respective departmental government, corresponding to the MVOTMA the control in the field of its competencies, including the monitoring of programs through the monitoring and dissemination of management indicators. |
ArtAculo 44. (Envases).-Importers and manufacturers of products placed on the market in non-returnable containers should minimize the volume and weight of the containers according to the needs of content protection and marketing of the product.
The Executive Branch may restrict or prohibit the use of certain materials such as packaging or packaging, or set up to be up for non-returnable packaging.
Packaging and packaging must be of materials that will be used for reuse and recycling or in the absence of biodegradable materials.
Chapter VIII-Special Financing for Waste Management
ArtAculo 45. (FONAGRES).- AutorAzase to the Executive Branch to constitute a management trust according to the Law No. 17,703, of 27 October 2003, which will be called the National Waste Management Fund (FONAGRES), with the aim of financing the special waste management programs and supporting the improvement of management For the purposes of this law, the department of waste management of the national waste management policy shall be the subject of waste by the departmental governments.
Be required to transfer to the Administrative Trust (National Waste Management Fund-FONAGRES) up to an amount equal to the annual collection corresponding to the provisions of Article 42 of this Law, Considering the progress of the special waste management programs. The enabling of budget credits to deal with this transfer must be done through the legal mechanisms envisaged.
The Executive Branch must designate the physical or legal person who will act as a fiduciary.
For the purposes of the state action as a trustee, a Council of Directors of the FONAGRES will be formed, which will be integrated by a representative representative and an alternate of the MVOTMA, Ministry of Economic and Finance, Ministry of Industry, Energy and Social Security Ministry, Ministry of Labor and Social Security, Office of Planning and Budget, as well as two representatives from the Congress of Intenden and a representative representative and an alternate from the PIT-CNT and the CA ¡ mara de Industrias del Uruguay. The Board of Directors shall be chaired by the representative of the MVOTMA.
This Council will be advised and assisted by a Consultative Commission, coordinated and convened by the MVOTMA, composed of government representatives and the academic, business, trade union and other non-governmental organizations, be determined by the regulation.
ArtAculo 46. (Destination of FONAGRES).-The FONAGRES must be directed to:
| A) | Contribute to the financing of selective collection systems, classification, transport and valorization of special waste generated by products taxed by IMESI, including control and monitoring mechanisms. | |
| B) | Technical and financial assistance for the improvement of waste management performed by departmental governments, among others for: |
| 1) | Achieve the economic and financial sustainability of the waste management system, through the appropriate cost structure, the systematization of its financing or other forms; | |
| 2) | Improve waste management processes in the department and municipalities; | |
| 3) | Elaborate Reference for the calls to Related to the waste management; and, | |
| 4) | Run final device projects, improve infrastructure and equipment, or other related to waste management. |
| C) | The promotion of social, labor, and productive inclusion of the Registered classifiers in waste management. |
| D) | Developing Educational and informative communication campaigns oriented to promote the minimization of the generation and the value of waste. |
ArtAculo 47. (FONAGRES Heritage).- The FONAGRES will be integrated with the following resources:
| A) | Those coming from the IMESI collection, according to the artAculo 42 of this law. |
| B) | The contributions that come from people fAsks or jurAdic, public or private, such as those come from international cooperation. |
| C) | Payments and returns corresponding to the reintegration of the programs and projects that are financed by the Fund. |
| D) | The product of the investments that |
| ) | |
| The inheritances, legacies, and donations that are made to you. |
The realization of contributions to the Fund will not repudiate the lack of trust to those who have them in.
ArtAculo 48. (PROVAR).- Crate the Waste Valorization Program (PROVAR), in the A Mbito of the Ministry of Industry, Energaa and MinerAa, in order to promote the processes of valorization of waste at national level and the development of new products to minimize waste generation.
This program will be implemented in coordination with the MVOTMA and the Ministry of Economic and Finance, strengthening its integration with other national strategies that aim for the productive economic development in a sustainable way, with social equity and environmental balance.
The PROVAR will be financed with contributions from the FONAGRES with a minimum of 2% (two percent) and up to 5% (five percent) of the annual allocations to the Fund.
ArtAculo 49. (Scope of PROVAR).-The PROVAR will understand:
| A) | Technical assistance and the promotion of waste valorization to national level. | |
| B) | Financing of investment projects targeted at the waste value. | |
| C) | The promotion of research and technological development to obtain energy and new products from the waste. | |
| D) | The innovation in the design of products that reduce the generation of waste and the impacts that are derived from them. |
Capaculo IX-From the final disposal of waste
ArtAculo 50. (Final Disposition).- The MVOTMA must set the minimum conditions of design, operation, and closure of the final disposal sites, as well as its location according to the Law No. 18,308, ofJune 2008.
The National Waste Management Plan should include the incremental goals to be achieved to prevent waste with recycling potential or value for the final disposal.
ArtAculo 51. (Authorization and conditions).- Only the final disposal of waste in sanitary fillers or long-term deposits with environmental authorization granted by the MVOTMA can be performed. Those who are operational shall have a period of three years to obtain from the promulgation of this law.
The Ministry must determine the requirements for granting the aforementioned authorization and other aspects related to the processing of the corresponding application.
ArtAculo 52. (Bans).- As of the enactment of this law it is prohibited:
| A) | The entry of animals into the final waste disposal fillers. |
| B) | The entry to the final disposal fillers of people outside of the operations of the fillers. |
| C) | Waste burning. |
ArtAculo 53. (Closing and Post-Closing).- The holders of the final disposal operations are responsible for the closure, maintenance, and post-closing tracking of the final disposal sites for a period of ten years. For hazardous waste and five years for non-hazardous waste.
Both deadlines will be counted from the completion of the post-closing works and the MVOTMA will be able to extend them for the same period, in case of the post-closure follow up of elements that merit an action even after the expected.
During the post-closing period, the filler holder is responsible for maintaining the integrity of the installation and the periodic controls to be established in the corresponding environmental authorization.
ArtAculo 54. (Restriction of use).-The buildings used for the final disposal of waste shall have the following restrictions of use, in addition to those set by the Executive Branch:
| A) | During the end period of the final disposal site the buildings used for this purpose shall be subject to the conditions of use arising out of the respective closure project and the environmental authorisation granted, without the possibility of altering the conditioning operations or generating risks to the environment. |
| B) | In any case, the area of the building in which the final disposal facilities are located Restrictions of use for a period of at least twenty years, during which the construction of any type of housing and its use with a housing destination shall be prohibited. |
Due to the corresponding deadline, the housing construction and its housing destination will be conditioned to the prior authorization of the MVOTMA, by means of a request that should contain the mAnima information that this ministry requires. In no case shall construction be authorised with that destination, in the case of buildings where hazardous waste has been disposed of.
ArtAculo 55. (Inventory and Registration).- Each Intrend must carry a departmental inventory of the final disposal sites for household waste, be active, pre-tested or closed, in accordance with what you establish the regulation.
The inventory should be sent to the National Environment Directorate, which will be responsible for the National Inventory of Final Waste Disposal Sites.
The identification of certain rolls as part of a final waste disposal site, as well as the restrictions that correspond to or are established, should be registered by the holder of the device or by the MVOTMA in its defect, in the Property Registry, Real Estate, according to the number 12 of article 17 of the Law No. 16,871, dated September 28, 1997.
ArtAculo 56..- The Executive Branch may set criteria for the application of differential rates or rates of its competence, which will discourage the final disposal of materials. in respect of which there are national capacities for recycling.
Chapter X-Information, education, and public participation
ArtAculo 57. (Computer System).- The MVOTMA, through the National Environment Directorate, must develop, implement and coordinate a system of information on waste management, aimed at both the decisions of the public and private sectors to provide information to the public at large.
ArtAculo 58. (departmental and local information).- The trends must provide the National Environment Directorate with the information related to the management of waste in the area of its competences, from an agreement with the guidelines established by the MVOTMA, for which the departmental governments will be provided with appropriate assistance.
ArtAculo 59. (Environmental report).- The Executive Branch, through the MVOTMA and as part of the national environmental report provided by article 12 of the Law No. 17.283, of 28 November 2000, should develop and disseminate information on the compliance of the national waste policy and progress in the implementation of the goals set out in the National Plan of Waste management and departmental plans in the field.
ArtAculo 60. (Promotion of participation).- The MVOTMA, the departmental and municipal governments, in the field of their competences, must promote the participation of all sectors of society and the public in General in the prevention of generation, the value and the stages of waste management.
To such effects, they should encourage the formation, consolidation and functioning of organized civil society groups interested in participating in the design and implementation of plans and programs to prevent the generation of waste and the Environmentally sound management of the same.
To improve the control and monitoring of waste management, the implementation of citizen monitoring programs should be promoted.
ArtAculo 61. (Education).- Without prejudice to the provisions of article 11 of the Law No. 17.283, of 28 November 2000, the MVOTMA and the authorities of the education must promote the environmental education linked to the prevention of the generation, value and environmental management of wastes.
Capaculo XI-Other Provisions
ArtAculo 62. (Responsibility for damage).- The persons or legal persons responsible for the damage caused by the waste management may cause, without prejudice to the authorizations, approvals or ratings that can be granted in accordance with this law and its regulations.
ArtAculo 63. (Waste Export).-ProhAbese waste export:
| A) | To the Parties to the Basel Convention on the Control of Movements Transboundary Hazardous Waste and its Elimination, approved by the Law No. 16.221, of 22 October 1991, that they would have prohibited the import of such waste, when such prohibition has been communicated in accordance with paragraph (a) of Article 4Aº of the same. |
| B) | Any importing State of hazardous waste and other waste included in the Basel Convention, which would not have given its written consent to the import in question, or where there are reasons to show that such waste will not be subject to rational environmental management. |
| C) | In cases where the Executive Branch declares that: |
| 1) | There are sufficient facilities and capacity in the national territory to be subjected to an environmentally sound management and provided that this does not create unequal conditions of competition or serious harm to the national economy; or, | |
| 2) | The shortage of the materials that make up the waste can generate damage to the national economy. |
ArtAculo 64. (Hazardous Waste Introduction).- Suspend the article 1Aº of the Law No 17.220of 11 November 1999, which shall be worded as follows:
| " ITEM 1Aº. ProhAbese the introduction in any form or under any (a) in the areas subject to the national jurisdiction, of the hazardous wastes or wastes referred to in Article 3Aº of this Act ". |
ArtAculo 65. (Hazardous Waste).-Suspend the second paragraph of the 3Aº article from the Law No. 17.220, dated November 11, 1999, in the wording given by article 367 of the Law No. 17,930of 19 December 2005, which will be worded as follows:
| " Without prejudice to other categories that can be foreseen in the legislation national and as long as they are not expressly defined by the regulation, are included among the hazardous wastes reached by this law, the radioactive and those considered as such according to the literal (a) of paragraph 1 of the article 1Aº and Annexes 1 and 111 to the Basel Convention on the Control of Movements Transfrontier hazardous wastes and their elimination, approved in Basel (Switzerland) on 22 March 1989, and their amendments ". |
ArtAculo 66. (MercaderAa a destruccional).- When goods or objects entered under any regime into the national territory, whatever their rule, are destined for destruction or must be destroyed by abandonment, in A customs decision or a sanitary barrier, it will be considered waste for the purposes of this law and the destruction will be understood through the processes of valorization, treatment or final disposal that authorizes the Direction National Environment.
The provisions of the above paragraph shall also apply where the waste management or the destruction of goods or objects coming from A areas with special customs surveillance or treatment, such as free zones, is applicable. free stores or customs exkeys.
ArtAculo 67. (Rural Soil).-Declare that the prohibitions of the rural land scheme, as provided for in Article 39 (4) of the Law No. 18.308, of 18 June 2008, does not include those constructions associated with the processes of valorization, treatment and final disposal of waste.
ArtAculo 68. (penalties).- The violations of the provisions of this law and its regulations shall be sanctioned by the MVOTMA, in accordance with the provisions of Article 6Aº of the Law No. 16.112, of 30 May 1990, in article 4Aº of the Law No. 16.466of 19 January 1994, in Article 15 of the Law No. 17.283of 28 November 2000 and in its amending rules.
Chamber of Sessions of the CA of Representatives, in Montevideo, on September 11, 2019.
CA-Mplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leitos y Decretos, la Ley por la que se crean rales para la gestionation integral de residuales.
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 Montevideo, Uruguay. Legislative Power. |
