MUNICIPALITY INTEGRATED WASTE MANAGEMENT
By: Attorney Eduardo Lara Salazar
Among the legislative changes in late 2010, the National Assembly passed the Comprehensive Waste Management (LGIB, 2010), which seeks to establish regulatory provisions to reduce the generation, ensuring the use and disposal of waste.
This led to the need to update what is written under the title "City, waste and solid waste."
This instrument repeals the Act on Waste and Solid Waste (2004).
This activity has been declared by way of public utility law as and social interest, besides being a public service.
LGIB Noting the specific powers to the three territorial levels of official authority should be included as concurrent jurisdiction, so that everyone has a share of responsibility defined.
The national level is responsible for policy on integrated waste management and solid waste, establish criteria for the establishment of taxes, adopt technologies for the treatment or use. Do not forget that the environmental and health is a national court, as it is closely related to this issue, Hence it is appropriate to review the Organic Environmental Law (LOAmb, 2006), the Health Law (1998) and the Law of Local Planning Councils (2010).
The states and the District Capital, the provision of services of transfer and disposal of solid waste, either directly or through third parties such as associations, cooperatives, private enterprises, for example, also participate in the use of waste through the creation of collective-owned enterprises, with organized communities.
While at the commune, the management of urban cleaning service and home. The Organic Law of Municipal Public Power (LOPPM, 2010) points out in the cast of competences and binding, including cleaning, waste collection and treatment, to carry out whatever means they can with management and the law says Another competition is the regulation by ordinance, including fees, charges or other derivative financial aspect of providing the service. One of the most outstanding environmental education is applied to this field, as possible in order to ensure in every area of \u200b\u200btheir performance, as this will cause changes in the population, not only to meet schedules collecting or keeping public spaces cleaner, but is an essential tool in the recycling, which will improve the quality of life, not counting savings of economic resources and personnel which may be assigned to other duties at the local level.
exercising control in urban and town planning, should propose locations for the siting of facilities in integrated waste management and solid waste.
To implement the integrated management of municipal waste must have a landfill, so the LGIB has some regulations to adapt the facilities to open and transform them into landfills. These can be by any means of management, such as associations, which offer greater extent, since the association with several local entities more bearable economics and could be located inside or outside the jurisdiction of a municipality or members of the commonwealth, according to the respective contract.
As this involves large sums of money for local, understands the legal system to establish the so-called economic system, made up of taxes, subsidies, tariffs, grants and other, hence the public should prompt payment service.
The LGIB citizen participation has been established as a prime element in achieving its objectives. In this regard, the LOPPM has several ways to pursue it, and social control. It will be recalled the adoption of the Organic Law on the Social (2010).
As a source of employment and participation, establishes that: LGIB be preferred to the participation of organized communities in the management of recovered materials in their own geographic space and transportation to the collection centers and recycling plants. For these cases, mechanisms should be developed between municipal authorities and communities.
Importantly, the LGIB offers tax incentive mechanisms aimed at economic, technological, social and educational so the State must `promote them, for only thus will be the responsibility or action of individuals, especially enterprise level, with a view to a less or not contaminated and better quality of life of its inhabitants.
These incentives range from preferential access to credit, full or partial exemptions from taxes, fees or contributions, as provided by Tax Code (2001) and LOPPM or LOAmb., For example.
In the export field LGIB include it as a harvesting system, giving the same preferences and incentives that the use of recyclable materials.
reader is suggested to take a look at other articles that I wrote called "From Municipal Organization and Management", "all of the municipal", "Media Management", "Municipality and Planning", "The CLPP the Act of 2010 "," Municipality and Town Planning "," Municipal and public services "," City and Environment " "Municipality and Health", "Municipality and Budget, among others, where you can get more information which can be found in www.eduardolarasalazarabogado.blogspot.com or www.tecnoiuris.com (Podium Law Municipal Law).
Another time he touch on other topics related to the topic.
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