Draft bill 186.

Summary.

The draft bill adds five definitions to Article 6 of Law 276 of December 30, 2021: recycled aggregate, digital waste tracking document, end of waste status, waste management plan and temporary reception site. These terms distinguish recovered materials that meet technical standards, the electronic instrument that tracks their movement and municipal facilities for temporary storage, which may not operate as final disposal sites.

The proposed chapter on integrated construction and demolition waste management would require public and private generators to prepare and implement a plan when regulations call for one based on a project’s scale, volume or impact. Plan approval would precede a construction or demolition permit and the execution of public infrastructure projects. Generators would separate waste at its source, prevent its mixing with hazardous substances or waste, and deliver it to operators holding a current permit from the Urban and Household Cleaning Authority (Autoridad de Aseo Urbano y Domiciliario) or to authorized temporary reception sites. A digital document would record transport and destination. Unauthorized dumping or abandonment on road easements, waterways, protected areas, wetlands, coasts and public or private land would be prohibited; proof of destination through that document would be required for the return of municipal guarantees.

Municipalities could authorize, establish and manage temporary reception sites directly or through contracting. Before operating, each site would need an approved environmental management instrument. Regulations would set storage limits, operational safety requirements and measures to control dust and runoff. Municipalities could charge fees for site services and supply conditioned inert materials to local community boards for community works and minor social infrastructure under municipal technical supervision. Every domestic shipment of this waste would carry an official digital tracking document. The Urban and Household Cleaning Authority would administer the relevant module of the Integrated Waste Management Information System, allowing oversight, interoperability with the National Environmental Information System (Sistema Nacional de Información Ambiental) and protection of personal data.

Treated materials would cease to be waste when they have a specific use and a market, meet national technical standards and receive certification from conformity assessment bodies accredited by the National Accreditation Council (Consejo Nacional de Acreditación). Materials exceeding applicable limits for contaminants or hazardous substances would remain excluded. Fixed recovery or grinding facilities would need prior environmental approval. State entities would promote certified recycled aggregates in public works procurement, subject to project specifications, commercial availability in the project area, and technical and economic feasibility. Importing construction and demolition waste for treatment, storage, stockpiling or final disposal would be prohibited, with exceptions for authorized research or technical cooperation and for materials that attained end of waste status in their country of origin and meet the applicable technical and customs requirements.

The competent administrative authority could order the preventive detention of vehicles used for unauthorized transport, dumping or disposal through a reasoned decision when needed to stop continuing environmental damage, preserve evidence or protect the enforcement proceeding. If caught in the act, the National Police (Policía Nacional) would deliver the vehicle and its report within 24 hours; a hearing for the alleged offender’s response would be convened within 48 hours after the vehicle is placed at the authority’s disposal. Provisional release upon posting a bond would be available. The special penalty regime provides written warnings or fines according to severity, prevents an additional penalty under Article 73 for the same acts and preserves the duty to clean up and repair environmental harm. The Executive Branch (Órgano Ejecutivo) would issue regulations within 180 calendar days; the law would take effect one year after its promulgation in the Official Gazette.

The proposal concerns the Urban and Household Cleaning Authority, the National Environmental Information System, the National Accreditation Council, the National Police and the Executive Branch, along with municipalities and local community boards. It would affect construction, demolition, waste transport, materials recovery and public infrastructure procurement.