In Argentina, Law No. 24,051 (approved by the National Congress on 17 December 1991; published in the Official Bulletin on 17 January 1992) governs the generation, processing, transport, treatment, and final disposal of g[hazardous wastes]. These include those wastes that are listed in Annex I of the Law as well as those possessing characteristics set forth in Annex II (these annexes are identical to Annexes I and II of g[Basel Convention], which Argentina approved through Law No. 23,922).
Under this Law, the competent authority is the Secretariat of Environment and Sustainable Development (Secretaría de Ambiente y Desarrollo Sustentable, or SAyDS), which is within the Ministry of Health and Environment.
Article 49 of the Law sets forth the penalties for violations of the Law, its regulations, and standards. These penalties include:
- a) A formal warning;
- b) A fine ranging from 5,000 to 500,000 Argentine Pesos (approx. US$1,670- 167,000);
- c) Suspension of the permit from the National Registry of Hazardous Wastes for a period of 30 days to 1 year; and
- d) Cancellation of the permit for the facility.
The suspension or cancellation of a permit requires that the facility cease operations or close permanently. The sanctions are applied regardless of whether there is civil or criminal liability, and the sanctions may be cumulative.
The competent sector maintains a registry of the violating companies. Under Law No. 25.831 on Public Access to Environmental Information, in the future this registry will be published on the Internet and could be consulted by users.
The fines are applied initially through an administrative process that guarantees the rights of the accused violator. The process also takes into account the nature of the violation and the nature of the damage arising from the violation.
In case of recidivism (i.e., repeated violations), the sanctions will be multiplied applying a formula established by the Law. Thus, for the third violation within a period of three years, the competent authority is authorised to cancel the permit from the National Registry of Generators and Operators of Hazardous Wastes.
Following are a few illustrative examples of how Argentina has applied these sanctions:
- 1999: A fine of 500,000 Pesos (approx. US$167,000) for a petroleum company due to hazardous waste (mixtures of waste oil and water or hydrocarbons and water) contamination of the Colorado River and its basin.
- 1999: A fine of 200,000 Pesos (approx. US$67,000) to a facility for contaminating the Paraná River and environment with hazardous wastes.
- 1999: A permit of a treatment plant for pathological and radiological wastes was suspended preventively for 30 days for inadequate management. The suspension was then extended for 45 more days. Finally, a penal sanction was applied and the permit was suspended for 10 months. These penalties were applied through administrative procedures.
- 2004: Suspension of the permit of a treatment facility for inadequate management of pathological and radiological wastes for a term six months; sanction was published in the Official National Bulletin.
For more information, contact Ms. Melina Garcia Luciani mluciani@medioambiente.gov.ar or Ms. Silvana Terzi sterzi@medioambiente.gov.ar