New Special Law on Waste Collection, Utilization, and Final Disposal
Marianella Guidos and Pamela Domínguez from El Salvador, experts in Environmental and Regulatory Law, share this article on the new Special Law on Waste Collection, Utilization, and Final Disposal (the "Law").
This Law was published in the Official Gazette Number 244, Volume No. 445, on December 20, 2024, and came into effect on the same day of its publication in the Official Gazette.
The Law has been issued with the purpose of comprehensively regulating the management, collection, transfer, use and final disposal of waste at the national level, guaranteeing that these activities are carried out in a sanitary and environmentally safe manner.
This Law creates the National Authority of Solid Waste, hereinafter "ANDRES”, which is attached to the Executive Branch through the Ministry of Public Works and Transportation ("MOPT”). ANDRES has legal personality and its own assets, as well as administrative, technical and financial autonomy. Its main role is to be the entity responsible throughout the national territory for integral waste and recycling management, with powers to grant, suspend, modify and revoke authorizations, issue environmental permits for facilities and waste managers, create regulations, guidelines, instructions, procedures and National Plans for Integral Waste Management.
The Law establishes that all persons, whether natural or legal, are responsible for the waste they directly generate. Therefore, they must assume the costs of its integral management, its adequate handling, the contamination that may be caused in the environment by its mismanagement and the reparation of the damages it produces.
This law establishes the obligations of all waste generators, among which are: to guarantee the correct segregation, storage and delivery of the waste they generate to authorized waste managers.
The Law makes specific mention of common solid special handling waste, since this waste must be delivered by waste generators to collectors specifically authorized to manage common solid special handling waste.
Collection and transportation companies are obliged to guarantee the safe handling of waste until it is delivered to the treatment or final disposal facilities.
Something important to note is that the Ministry of the Environment (MARN) continues to be responsible for hazardous waste; therefore, the applicable regulations for this type of waste continue to be the Special Regulations on Hazardous Substances, Residues and Wastes, the International Agreements subscribed on the subject of hazardous waste and residues, and the provisions of Arts. 56 to 59 of the Environmental Law. The Law repealed Art. 60 of the Environmental Law.
In addition to the above, the Law establishes different infractions applicable to both waste generators and waste managers. These infractions range from minor to very serious violations, with a fine ranging from US$20 to US$100 for minor violations and from US$101 to US$10,000 minimum monthly salaries of the commercial sector in force for serious and very serious violations.
It is important to note that the Integral Waste Management Law is still in force, so the obligations of waste generators and managers established therein are still mandatory. Likewise, ANDRES, in accordance with its powers, will issue guidelines and regulations that will broadly regulate different aspects mentioned in the Law.
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