The Ministry of Housing, Use of the Land and Environment (in Spanish, MVOTMA), through the National Directorate for the Environment (in Spanish, DINAMA) presented the Bill of integral waste management in the plenary session of the Technical Advisory Commission for the Protection of the Environment.
The object of the designed text is the protection of the environment, as disposed in Law N° 17.283, "promoting a model of sustainable development through the prevention and reduction of the negative impacts of the generation, management and all stages of waste management and recognition of their potential to generate value and employment."
“Residue” or “waste”, terms that are equivalent in this bill, mean every substance, materials or objects from which someone detaches or gives a final destination, or intends or is requires to detach or to give a final destination. The regulations would apply to all types of waste, except radioactive ones and those generated in exploration or mining, when they can be managed at the site where the mining activity takes place.
Starting from the premise of the general duty to minimize the generation of waste and responsible management thereof (art. 6), art. 7 establishes the responsibility of all waste generators (whatever their type) for the management of waste in all stages, including the necessary costs, excluding the exceptions established by the project itself and in accordance with what regulations may establish in the future.
The project devotes a chapter to "special products" (packaging waste and packaging whatever its origin and function, those of batteries, electro-electronics, tires out of use, used oils, vehicles out of use and others established by the Executive Power). In this regard, art. 41 stipulates that they may only manufacture or import products covered by the specific rules related to the management of special waste, those natural or legal persons that are duly registered in the respective registries, which will be carried out by the MVOTMA. Regarding the merchants and intermediaries of products reached by the regulations of special waste, including packaging, they will be required to receive and accept the refund and return of the products or packaging once their useful life has been completed. The characteristics and scope of this obligation will be determined by the MVOTMA.
Regarding the extended liability, the bill establishes the principle that the regulation will be responsible for establishing the extended responsibility of the manufacturer and importer in the management of special waste, except in those cases in which, as provided in the project, the products from which they are generated are taxed with the Internal Specific Tax (IMESI).
Finally, it should be noted that the project intends to regulate certain tax aspects (in particular the IMESI), as well as issues related to packaging and final disposal of waste.
Montevideo, August 2017