Bill 378.

Summary.

The bill establishes a special administrative regime for the río Caimito watershed, identified as Cuenca No. 140, in the province of Panamá Oeste, in accordance with Law 41 of July 1, 1998 and Law 44 of August 5, 2002. Its objectives include preventing pollution, balancing water uses while prioritizing human consumption, food security, and ecosystem protection, maintaining environmental surveillance, and restoring riverbanks and groundwater recharge areas. Its scope includes tributaries, supplying subwatersheds, and activities with direct or indirect effects on water resources and associated ecosystems.

The Ministry of Environment (Ministerio de Ambiente) would coordinate implementation with the Ministry of Health (Ministerio de Salud) and the National Water Supply and Sewerage Institute (Instituto de Acueductos y Alcantarillados Nacionales) on discharges and drinking water; with the Ministry of Housing and Land Use Planning (Ministerio de Vivienda y Ordenamiento Territorial), the National Land Administration Authority (Autoridad Nacional de Administración de Tierras), and the municipalities of Arraiján, La Chorrera, and Capira on land use planning and riverbank protection; with the Ministry of Agricultural Development (Ministerio de Desarrollo Agropecuario) on soil use and farming; and with the Panama Aquatic Resources Authority (Autoridad de los Recursos Acuáticos de Panamá) on fisheries and aquaculture. The Caimito River Watershed Committee (Comité de Cuenca Hidrográfica del Río Caimito) would participate under Law 44 of 2002 and Executive Decree 479 of 2013. Actions would be aligned with the Panama Sanitation Program and the environmental, watershed management, and municipal land use plans named in the bill.

The bill would prohibit discharges and emissions of untreated waste or substances into the river, its tributaries, riverbanks, recharge areas, and associated water bodies. Discharges would have to meet environmental quality rules and Maximum Permissible Limits. New activities capable of generating effluent would require an approved Environmental Impact Assessment, permits, and certified treatment systems. Existing facilities could continue operating, but their owners would have to bring them into compliance, connect to sewer networks, or install certified treatment. The Ministry of Environment would monitor compliance and provide technical assistance. Projects with significant watershed impacts would require an environmental assessment addressing risks to water quality, riverbank stability, and ecological integrity, together with applicable mitigation, compensation, or restoration measures.

A permanent monitoring program would conduct sampling and physical, chemical, biological, hydrological, and microbiological analyses. Results would be published every six months on an open portal and integrated into national information systems. The Caimito River Watershed Committee (Comité de la Cuenca Hidrográfica del Río Caimito) would participate in selecting sampling sites and sharing findings with communities. Violations would include unauthorized pollutant discharges, operating without certified treatment, interfering with treatment processes, obstructing inspections, and missing compliance deadlines. Through administrative proceedings, the Ministry of Environment could impose fines, suspend operations, order closure, and require environmental repair or restoration, without excluding civil or criminal liability.

The Caimito River Watershed Sanitation and Recovery Fund (Fondo para el Saneamiento y Recuperación de la Cuenca del Río Caimito) would receive budget allocations, at least fifty percent (50%) of fines collected for watershed violations, contributions, and resources from agreements. It would finance monitoring, restoration, riverbank protection, and technical support, subject to transparency and fiscal oversight under the General Environmental Law (Ley General de Ambiente) and the other rules cited. The Executive Branch (Órgano Ejecutivo) would issue regulations within six (6) months, after consulting the Caimito River Watershed Committee (Comité de la Cuenca del Río Caimito). Once the regulations take effect, maximum compliance periods would be two (2) years for industrial, agroindustrial, and commercial activities, three (3) years for residential projects and developments, and five (5) years for single-family homes. The bill would take effect ninety (90) days after publication in the Official Gazette. Its provisions could concern environmental, health, and land authorities, municipalities, communities, agricultural producers, industries, businesses, developers, and homeowners.