Bill 655.

Summary.

The bill establishes a framework for operating and maintaining wastewater treatment plants (WWTPs) in the Republic of Panama. It would cover public and private plants, whether existing or new, as well as sanitary sewerage systems and associated infrastructure when they directly affect plant operations. Authorities responsible for environmental protection, health, sanitation, standardization, accreditation, metrology, and oversight would coordinate their actions to avoid duplicate procedures, reports, or penalties for the same operational event. The bill defines operational continuity, effluent, sludge, operation, maintenance, operators, discharge parameters, technical supervisor, and Operation and Maintenance Plan (OMP). The Executive Branch would develop a classification of WWTPs based on the source of the wastewater, capacity, technology, risk, and complexity.

Each WWTP would have to meet its authorized discharge parameters and control its processes, monitor treatment, manage inputs and waste, apply safety measures, and respond to contingencies. Maintenance would include inspections, calibrations, repairs, component replacement, and rehabilitation planning. Each plant would have an up-to-date OMP available on site, tailored to its design and operating conditions, with procedures, assigned responsibilities, records, response protocols, and performance indicators. Owners and, where applicable, operators would monitor effluent under the discharge authorization or concession and retain the results. Sludge management would cover characterization, traceability, treatment, potential beneficial use, and final disposal under Law 276 of 2021; operating plants would submit an annual report.

Operation and maintenance would be entrusted to people with appropriate training and technical qualifications. Each WWTP would have a designated, registered operations supervisor. Operators and technical supervisors would demonstrate their knowledge through training, assessments, diplomas, or documented experience, as provided by the regulations, and participate in continuing education. They would implement the OMP, keep records, report incidents, and facilitate inspections. Owners would provide technical, human, and financial resources, designate personnel, retain documentation, and report risks. They would be jointly liable to the State with the operator and technical supervisor for violations and for certain damage arising from failure to comply with the OMP, unjustified interruptions, or alteration of records, without prejudice to their right of recourse. They would also secure resources through tariffs, reserves, or other applicable mechanisms. The OMP would include climate risk assessment and emissions management; emissions quantification would be required for larger systems as provided by the regulations.

The competent authority would administer a national register of plants and operators, containing data on location, capacity, responsible personnel, performance, and incidents. Owners and operators would maintain traceable reports on water, volumes, inputs, sludge, maintenance, and failures. The General Directorate of Standards and Industrial Technology (Dirección General de Normas y Tecnología Industrial) of the Ministry of Commerce and Industries (Ministerio de Comercio e Industrias) would establish minimum requirements for standardizing them. Documents would be retained for the period set by regulation and could be submitted in physical or digital form. Depending on the plant, they would be validated by bodies accredited by the National Accreditation Council (Consejo Nacional de Acreditación) or by authorized professionals; mandatory engagement of accredited bodies would be limited to plants of greater complexity and high impact.

Noncompliance would be penalized under sectoral environmental and health legislation. The bill lists violations concerning the OMP, continuity of operations, records, registered personnel, and inspections. The Executive Branch would issue implementing regulations within 180 calendar days after promulgation and could phase in certain obligations. It provides for the regularization of operators with prior experience and allows 12 months from the entry into force of the regulations to bring sludge management at existing plants into compliance. The proposed law would take effect upon its promulgation in the Official Gazette. Its provisions concern competent public authorities; owners, operators, and technical personnel of public and private plants; and the sanitation and wastewater treatment sectors.