Bill 499.

Summary.

The bill regulates final waste disposal sites in the Republic of Panama from planning through post-closure. It classifies sites as dumps, uncontrolled open-air disposal sites, controlled disposal sites and sanitary landfills, and defines the main technical terms. Landfill management would follow principles of prevention, precaution, environmental and public-health protection, operator responsibility, transparency, public participation and sustainability. Its requirements would apply to individuals, organizations and municipalities involved with mechanized sites for non-hazardous solid waste. In accordance with Law 276 of December 30, 2021, it assigns coordinated duties to the Ministry of Health (Ministerio de Salud), the Ministry of Environment (Ministerio de Ambiente) and the authority responsible for waste management (Autoridad regente en el manejo de residuos).

For landfill siting, the bill establishes separation requirements concerning airports, populated areas, water intakes and other facilities, and excludes land subject to specified geological, groundwater or flood risks. It requires environmental, topographic, hydrogeological, hydrological, hydraulic and geotechnical studies. A developer must submit three possible sites, recommend one and provide information on land use, the property, nearby communities, utilities, a preliminary design, public consultation and municipal consent. Further criteria address soil type, groundwater depth, protected areas, access roads, cover material and service life. Sites must also have impermeable barriers, leachate and gas management, monitoring, contingency and workplace-safety measures, waste separation and an operating plan. The operator is responsible for proper operation, compliance with approved plans and damage caused by breaches of technical or environmental rules. An integrated management plan must cover operation, closure and post-closure.

Projects must bear professional signatures in accordance with the Technical Board of Engineers and Architects (Junta Técnica de Ingenieros y Arquitectos); municipal projects also require the municipal engineer’s signature. Private companies submit projects to the authority responsible for waste management (Autoridad regente en manejo de residuos), with copies to the municipality and the health and environmental authorities. That authority approves projects by resolution after favorable opinions from the Ministry of Health and Ministry of Environment and municipal acceptance. The technical file covers waste characteristics, service life, plans and infrastructure. Population and waste generation must be studied before design. The design includes fencing, access control, drainage, leachate treatment, gas vents and sanitary barriers. Access roads follow Ministry of Public Works (Ministerio de Obras Públicas) technical standards. The bill also specifies cover-material properties, stormwater drainage, biogas control, and trench and area disposal methods.

Through its Environmental Health Directorate (Dirección de Salud Ambiental), the Ministry of Health monitors sanitary conditions, issues technical opinions, inspects sites and may impose measures and sanctions under Law 276 of December 30, 2021 on integrated waste management. The Ministry of Environment assesses environmental instruments, monitors and inspects sites, and approves mitigation measures. The waste-management authority approves projects and operating licenses, supervises technical compliance, receives semiannual reports and approves closures. Municipalities plan and supervise disposal and may grant operating concessions; they also promote waste-reduction campaigns. Closure requires a plan approved by the health and environmental authorities. The operator must maintain and monitor the site for a period of no less than twenty (20) years after closure. The bill requires community consultation, allows periodic inspections and provides for temporary suspension or revocation of operating permits, without excluding civil and criminal liability. It addresses control of greenhouse-gas emissions and directs the Executive Branch to issue regulations within no more than twelve (12) months. It would take effect upon promulgation. Its provisions concern these public bodies, municipalities, nearby communities, and the waste-management, engineering and construction sectors.