March 14, 2012
Environmental Law
I. The Provincial Agency for Sustainable Development releases the draft agreement with electricity companies, distributors and cooperatives
On February 1, 2012, Resolution No. 23/2012 of the Provincial Agency for Sustainable Development (“OPDS”) was published in the Official Gazette of the Province of Buenos Aires. This rule approves the draft agreement between the OPDS and the companies that carry and distribute electricity, as well as electricity cooperatives, in relation to the decontamination plans of equipment with PCBs, within the framework of Resolution No. 1118/02 of the former Secretariat of Environmental Policy.
II. The Secretariat for the Prevention of Drug Addiction and Fight against Drug Trafficking approves a new Handbook of Procedures
On February 13, 2012, Resolution No. 1797/2011 of the Secretariat for the Prevention of Drug Addiction and Fight against Drug Trafficking (“SEDRONAR”) was published in the Official Gazette. This resolution approves a new Handbook of Procedures of the Federal Registry of Chemical Precursors (“RENPRE”). Likewise, the rule revokes Resolution SEDRONAR No. 1572/2010.
III. The Secretariat for the Prevention of Drug Addiction and Fight against Drug Trafficking approves a new system for the submission of the quarterly affidavits
On February 16, 2012, Resolution SEDRONAR No. 39/2012 was published in the Official Gazette. This rule approves a new system of “Digital Application of Transaction Reports” (ADIT), for the submission of the reports referred to in section 7, subsection 1) of Law No. 26,045 (quarterly affidavits related to the movement of chemical controlled substances).
The use of this system will be optional as from 01/01/2012 to 01/01/2013. After this date, its use will be compulsory. Likewise, the rule revokes Resolution SEDRONAR No. 1/2007.
IV. The Matanza Riachuelo Basin Authority modifies its internal structure
On February 16, 2012, Resolution No. 180/2012 of the Matanza Riachuelo Basin Authority (“ACUMAR”) was published in the Official Gazette. The resolution modifies the internal structure of the ACUMAR by excluding the Executive Council from the ordinary intervention of administrative files.
As a consequence, several rules of the ACUMAR related to this matter were modified, such as: (i) Internal Organization Code (Annex I of Resolution No. 3/2010); (ii) Code of Supervision and Control of Facilities (Annex I of Resolution No. 278/2010); (iii) Code of Industrial Restructuring of Facilities (Annex II of Resolution No. 278/2010); (iv) Code of Punishment (Annex I of Resolution No. 377/2011); (v) Code of Non-Refundable Contributions of the “Producción Limpia para Todos” Plan (Annex I of Resolution No. 874/2011); and (vi) Code of Supervision and Control and Industrial Restructuring of Facilities (Annexes I.a and II.a of Resolution No. 278/2010).
V. The City of Buenos Aires sets forth the framework for urban cleaning services
On February 16, 2012 the Official Gazette of the City of Buenos Aires published Law No. 1420 which sets forth the regulatory framework for urban cleaning services. This law sets forth the requirements, modalities and conditions that the abovementioned service must comply with under the provisions of laws No. 992 and 1854 of the City.
VI. The Provincial Agency for Sustainable Development declares extinguished by the statute of limitations the action corresponding to all those punitive proceedings starting before 12/31/2010
On February 23, 2012 the Official Gazette of the Province of Buenos Aires published OPDS Resolution No. 24/2012. This rule declares extinguished by the statute of limitations the action corresponding to all those punitive proceedings starting before 12/31/2010, in which a punitive administrative act has not been performed and/or no acts interrupting or suspending the statute of limitations have taken place.
The resolution excludes the statute of limitations statement of the actions corresponding to punitive proceedings ruled by Law No. 11,720 (Provincial Hazardous Wastes Law).
VII. The Provincial Agency for Sustainable Development creates the “Program on Remediation Control, Liabilities and Environmental Risk”
On February 23, 2012 the Official Gazette of the Province of Buenos Aires published OPDS Resolution No. 25/2012 which modifies sections 1 and 4 of OPDS Resolution No. 88/10. The rule creates the “Program on Remediation Control, Liabilities and Environmental Risk” which shall work in the Special and Pathogen Waste Department of the OPDS Provincial Waste Management Authority.
VIII. The Provincial Agency for Sustainable Development regulates the scheme for industrial classification
On February 23, 2012 the Official Gazette of the Province of Buenos Aires published OPDS Resolution No. 22/2012. The rule sets forth that the industrial facilities which, prior to the issuance of Decree No. 353/11 have been ranked in the second category (according to Decree No. 1741/96) with an Environmental Complexity Level of up to 15 points, shall submit the documentation required by this resolution for its reclassification.
Should you need further information, please contact Laura N. Lavia Haidempergher or Pablo Crimer.
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