January 20, 2012
Environmental Law

I. The Authority of the Matanza-Riachuelo River Basin modified the Regulations for the Industrial Reconversion and the Penalties Regulations

II. The Federal Secretariat of Environment and Sustainable Development extended the deadline for the fulfillment of the limits for the emission of pollutants, noises and parasite radiation coming from automobiles

 III. Waste Electrical and Electronic Equipment Act is enacted in the Province of Buenos Aires

IV. The Authority of the Matanza-Riachuelo River Basin is entitled to impose penalties to those who do not comply with their obligation to remove inactive vessels 

V. The Authority of the Matanza-Riachuelo River Basin sets forth the rules that apply to its authority to order preventive measures

VI. The Federal Secretariat of Energy established the quality characteristics of the nitrogen oxide reduction agent to operate converters with selective reduction catalysts

VII. The Water Authority of the Province of Buenos Aires approved the annual schedule of the due dates for the tax of inspection of the effluents quality and conditions control  

I. The Authority of the Matanza-Riachuelo River Basin modified the Regulations for the Industrial Reconversion and the Penalties Regulations

On December 5th, 2011, the National Official Gazette published Resolution No. 1173/2011 of the Authority of the Matanza-Riachuelo River Basin (“ACUMAR”) which partially amends annexes II, II a) and II b) of Resolution No. 276/2010 and section 16 of Annex I of Resolution No. 377/2011.

The abovementioned Resolution No. 1173/2011 modifies the Regulations for the Industrial Reconversion of the Facilities on the Matanza-Riachuelo River Basin (Annex II of Resolution No. 278/2010). Regarding the submission of the Industrial Reconversion Programs (“PRI”), it indicates a preliminary analysis of the filed documents and forms in order to verify that they are complete. If said forms are incomplete, the PRI can be rejected. If the forms have not been submitted or are deemed to be partially incomplete, the Executive President of the ACUMAR may order that the facilities be totally or partially closed.

If the PRI is complete, the Coordination Office shall prepare a technical report and issue an opinion on the approval or rejection of the Activities Plan submitted together with the PRI.

Moreover, it is set forth that the documents and forms of the PRI shall be signed by a licensed professional on the subject matter and by the legal responsible of the facility or his/her proxy. The documents shall be presented in their originals or in certified copies.

On the other hand, the Penalty Regulations of the ACUMAR are partially amended. The new resolution sets forth that in case of omissions in the information requested in the PRI forms, or if said forms have not been properly filled in, the PRI shall be deemed as not submitted, being the ACUMAR entitled to declare the procedure expired and to apply a penalty, regardless of the application of preventive measures.

II. The Federal Secretariat of Environment and Sustainable Development extended the deadline for the fulfillment of the limits for the emission of pollutants, noises and parasite radiation coming from automobiles

On December 13th, 2011, the National Official Gazette published Resolution No. 1800/2011 of the Federal Secretariat of Environment and Sustainable Development, which amends Resolutions No. 35/2009 and 1434/2011 of the same secretariat and approves an extension for the fulfillment of the limits for the emission of pollutants, noises and parasite radiation coming from automobiles.

 III. Waste Electrical and Electronic Equipment Act is enacted in the Province of Buenos Aires

On December 15th, 2011, the Official Gazette of the Province of Buenos Aires published Law No. 14,321, which sets forth a system for the management of Waste Electrical and Electronic Equipment (“WEEE”), and Decree No. 2300/2011, which partially enacts said law.

The aim of the law is to prevent the generation of WEEE and to encourage its reuse, recycling and the reduction of its environmental impact. Annex I sets forth the categories of the electrical and electronic equipment (“EEE”) to which this regulation applies.

Among other issues, this regulation sets forth obligations for the producers and distributors of EEEs. Besides, the disposal of WEEE as household solid waste is forbidden.

A one-year term as from the enactment of the law is granted so that the producers of EEEs that commercialize them within the Province of Buenos Aires can fulfill the provisions of the law. The Executive Power of the Province of Buenos Aires shall set forth more specific regulations on the application of this law within 90 days as from the date its publication.

IV. The Authority of the Matanza-Riachuelo River Basin is entitled to impose penalties to those who do not comply with their obligation to remove inactive vessels

On December 21, 2011 the National Official Gazette published Resolution No. 1265/2011 of the ACUMAR, entitling said authority to impose penalties to those persons who do not fulfill their obligation of removing inactive vessels.

It is set forth that the owners, legal representatives, ship-owners, captains, ship agents and/or any other person holding a legitimate interest on the vessels and naval devices declared inactive by the Argentine Coast Guard shall move these vessels out of the Matanza-Riachuelo River Basin within 30 days as from the date they have been served notice. In case of non-compliance, there shall be a $ 5,000 daily fine for the first week. This amount shall progressively increase a 50% for each additional week of non-compliance.

Moreover, the Resolution regulates other cases involving the following vessels: (i) vessels declared as inactive and risky; (ii) vessels with an unknown owner; and (iii) foreign vessels.

In case of non-compliance of the notice to remove a vessel, the ACUMAR shall be entitled to carry out all the works necessary for the removal, scrapping and/or transfer of the vessel to an authorized place; the cost of said works shall be reimbursed by the non compliant person.

V. The Authority of the Matanza-Riachuelo River Basin sets forth the rules that apply to its authority to order preventive measures
On December 22, 2011, the National Official Gazette published Resolution No. 1266/2011 of the ACUMAR, thus replacing Section 20 of Annex I of the Resolution No. 278/2010.

It is set forth that in case of danger of serious and imminent damage for the health and/or the environment, the ACUMAR shall be entitled to order the preventive measures deemed necessary. The General Technical Office and the Executive President Office of the ACUMAR are entitled to order the execution of said measures, which shall be subject to ratification by the President of the Board of Directors of the ACUMAR.

The Resolution sets forth that the adopted measures shall remain in force until the situation that originated them is solved; this circumstance shall be certified through technical reports and/or until the preliminary approval of the Industrial Reconversion Programs by the Executive President; this approval shall be ratified by the Executive Board and by the Board of Directors. The lift of the preventive measure shall be provisional until the Executive Board and the Board of Directors issue a definitive order.

VI. The Federal Secretariat of Energy established the quality characteristics of the nitrogen oxide reduction agent to operate converters with selective reduction catalysts

On December 29th, 2011, the National Official Gazette published Resolution No. 110/2011 of the Federal Secretariat of Energy, setting forth the quality characteristics of the nitrogen oxide (NOx) reduction agent that are necessary to operate converters with selective reduction catalysts (SCR catalytic converters).

VII. The Water Authority of the Province of Buenos Aires approved the annual schedule of the due dates for the tax of inspection of the effluents quality and conditions control

On December 30th, 2011, the Official Gazette of the Province of Buenos Aires published Resolution No. 940/2011 of the Water Authority, which approves the annual schedule of the due dates for the tax of inspection of the effluents quality and conditions control.

Should you need further information, do not hesitate to contact Laura N. Lavia Haidempergher or Pablo Crimer.

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