25679 The Senate and Chamber of Deputies of Argentina in Congress assembled, etc.,
punished by force of law:
Chapter I General Provisions (Articles 1 through 6)
SECTION 1 - This law provides minimum budgets for environmental protection for the management of PCBs throughout the nation in terms of Article 41 of the Constitution. Ref
Regulations: Constitution (1994)
art. 41 ARTICLE 2 - Son purposes of this:
a) To oversee the operations associated with PCBs.
b) Decontamination or disposal of equipment containing PCBs.
c) The disposal of used PCBs.
d) The prohibition of PCBs entering the country.
e) The prohibition of production and marketing of PCBs.
Article 3 - For the purposes of this Act, the term: PBS: polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCT) monomethyltetrachlorodiphenylmethane,
monomethyldichlorodiphenylmethane, monomethyldibromoodiphenylmethane, and any mixture of either total content
of the above substances is above 0.005 wt% (50ppm);
equipment containing PCBs means any equipment or having contained PCBs (for eg transformers, capacitors, receptacles containing residual stocks) which has not been decontaminated. Equipment of a type which may contain PCBs shall be considered as containing PCBs unless it can prove otherwise;
Possessing a natural person or legal entity, public or private, who is in possession of PCBs, used PCBs or equipment containing PCBs;
Decontamination: the set of operations which enable equipment, objects, materials or fluids contaminated by PCBs to be reused, recycled or disposed of safely, and that may include replacement, meaning all replacement operation PCBs by suitable fluids not containing PCBs;
Elimination to: processing operations and disposal by means approved by the applicable hazardous waste regulations.
ARTICLE 4 - The Executive Branch shall take the necessary measures to ensure the prohibition of the production, marketing and PCBs from entering the country, the elimination of waste PCBs and the decontamination or disposal of PCBs and equipment containing PCBs within deadlines set forth herein, to prevent, avoid and repair damage to the environment and improve the quality of life of the population.
ARTICLE 5 - It is forbidden throughout the nation, the installation of equipment
that contain PCBs.
ARTICLE 6 - The importation and entry to the entire territory of the Nation of PCBs and equipment containing PCBs. CHAPTER II
Registry (Articles 7 to 10)
ARTICLE 7 - Create the Integrated National Register of Holders of PCBs to be administered by the higher hierarchical level agency with jurisdiction over environmental and bringing together existing records to date.
ARTICLE 8 - A holder of PCBs must enroll in the registry established in Article 7.
are excluded from this requirement those holding only equipment containing PCBs a total volume of less than 1 (one) liter. Be exempt from the registration registration, does not exempt compliance with this law. They must also register with the manufacturers and marketers of PCBs.
The information required by the enforcement authority to enter in the Register shall be an affidavit.
Article 9 - Any natural or legal person carrying out activities or services involving the use of the substances listed in Article 3 must take out civil liability insurance, bonds, bank security, constitute a self-insurance, a compensation fund or other security equivalent as determined by regulation, to ensure the restructuring of environmental damage and cover the risks to the health of the population that their activity may cause.
ARTICLE 10. - The deadline for registration shall be one hundred eighty (180) calendar days. CHAPTER III
From the Enforcement Authority (Articles 11 to 13)
ARTICLE 11. - For the purposes of this Act shall be the agency implementing authority of the Nation
higher hierarchical level with environmental competence. In that capacity
have the following duties:
a) Understanding on the determination of policy on management of PCBs in coordination with the competent authorities of the provinces and the Autonomous City of Buenos Aires, within the scope of the Federal Council on the Environment (COFEMA).
b) Develop and implement, within the Federal Council on the Environment (COFEMA), a National Plan for Management and Disposal of PCBs.
c) To establish safety standards for the use, handling, storage and disposal of PCBs and monitor compliance with them.
d) Carry out risk assessments and environmental audits for environmental contamination events whose knowledge reached by public impact or individual complaints.
In the latter case should assess the seriousness of the complaint and if rejected, must
its decision.
e) Coordinate with the body of the nation's highest hierarchical level competence in the health area, where the previous section, the epidemiological studies to prevent and detect damage to the health of the population of the possible affected area.
f) Report to the people living in the area affected or at risk, following procedures to ensure reliable and massively
disseminating the results of environmental reports and epidemiological studies, as well as the measures implemented and applied.
g) Promote the use of alternatives to PCBs and conduct a broad outreach campaign to the public about the damage resulting in the improper disposal of them, and the measures recommended for the repair of the environment.
h) Promote and coordinate with governmental and non-technical support to the creation of substitutes for PCBs, the control of their quality, access to existing substitutes by small and medium enterprises that activity required of them and all technical measure store performance to replace the substances listed in article 3.
i) advise and assist local jurisdictions in monitoring and control programs for the management of PCBs.
ARTICLE 12. - The authority of national application, later than sixty (60) calendar days to implement the measures necessary to ensure that all holders of PCBs in the country can access the administrative tools required for registration set out in Article 7, the information constitutes affidavit.
The owner shall update the information in the registry at least every two (2) years and shall immediately notify changes involve modifying quantities of PCBs still unused, PCBs in use and used PCBs.
ARTICLE 13. - It authorizes the enforcement authority to expand the list of substances covered by Article 3, paragraph a) of this, in accordance with scientific and technological advances in the field. CHAPTER IV
responsibilities (Articles 14 to 20)
ARTICLE 14. - By 2010 all equipment containing PCBs, and that its owner wants to keep them in operation, must be decontaminated at the sole responsibility of the holder. Until this happens the owner may not replace PCBs, should replace that substance-free fluids.
ARTICLE 15. - Before 2005, any holder shall submit to the enforcement authority, a program for disposal or decontamination of equipment containing PCBs, with the aim that by 2010 are not in the whole territory of the Nation installed equipment containing PCBs.
ARTICLE 16. - Any device that contained: PCBs and having been decontaminated will continue to operate should have a sign which clearly reads "DEVICE THAT HAS CONTENT DESCONTMINADO PCBs."
ARTICLE 17. - It is the duty of the owner of PCBs, a maximum of sixty (60) days
calendar: a) Clearly identify all equipment and containers used PCBs and PCBs, should be clearly legible
"CONTAINS PCBs."
b) Implement an internal record of activities that are involved PCBs.
c) Adjust containing equipment and storage locations of PCBs and used PCBs and implement the necessary measures
to avoid jeopardizing people's health and environmental pollution
.
ARTICLE 18. - With a hint of leaks, leaks or loss of PCBs in any equipment or facility, the holder shall implement corrective and preventive measures to repair the damage, reduce risks to people and the environment and prevent the incident or accident happen again.
ARTICLE 19. - It is presumed, unless proved otherwise, that the PCBs, used PCBs and equipment containing PCBs all, is something risky in terms of the second paragraph of Article 1113 of the Civil Code, amended by Law 17,711. Ref
Rules: Civil Code Article Art.1113
20. - It is presumed, unless proved otherwise, that any damage caused by PCBs, and PCBs used is equivalent to that caused by a hazardous waste. CHAPTER V
Infractions and penalties (Articles 21 to 22)
ARTICLE 21. - Violations of this law and its regulations and standards are complementary
repressed by the local enforcement authority, prior summary to ensure the right of defense and the assessment of the nature of the offense and the injury, with following sanctions, which may be cumulative:
a) Warning;
b) A fine from 10 (ten) minimum wages of the initial basic category management national public until 1000 (one thousand) times that value;
c) Disqualification for a specified period;
d) Closure;
e) The application of these sanctions is independent of civil or criminal liability attributable to the infringer.
The minimum and maximum set forth in paragraph b) may be doubled for repeat offenders.
ARTICLE 22. - I entered in fines referred to in the preceding article, subparagraph b) shall be collected by the provincial authorities and city of Buenos Aires, as appropriate, to form a fund exclusively for the restoration and environmental protection each of the jurisdictions, according to establish additional rules. CHAPTER VI
complementary provisions (Articles 23 to 27)
ARTICLE 23. - Deróguese any standards that conflict with this law.
ARTICLE 24. - Regardless of this law, the waste containing PCBs and used PCBs are made by the specific regulations for hazardous waste.
ARTICLE 25. - All deadlines specified in this Law shall be counted from the date of publication in the Official Gazette.
ARTICLE 26. - This Act is of public order and should be regulated within a maximum period of sixty (60) calendar days.
ARTICLE 27. Contact the Executive. SIGNATORIES SIGNATORY