New Regulation on Urban Solid Waste for Large Quantity Generators

On February 1, 2014, Resolutions No. 137/2013 (“Resolution 137”), No. 138/2013 (“Resolution 138”) and No. 139/2013 (“Resolution 139”), enacted by the Agency for the Sustainable Development of the Province of Buenos Aires (“OPDS” after its acronym in Spanish), entered into force. These resolutions set forth the obligation for certain generators of urban solid waste to implement a differentiated management plan of such waste.

1. Resolution 138
Resolution 138 establishes that 4 and 5 star hotels, shopping malls and commercial galleries, hypermarkets, and fast food chains (the “Large Quantity Generators”) located in the municipalities of the Metropolitan Area of Buenos Aires must implement a differentiated management plan of such waste, taking on separation at origin, transport, treatment and/or final disposal. Besides, Resolution 137 provides that gated communities and country clubs located in these municipalities must take on waste separation at origin and transport of the recyclable fraction for treatment.
Large Quantity Generators are required to file before May 2, 2014 a management plan of their waste with the OPDS, which will have a validity of 1 year as of the approval date(gated communities and country clubs must comply with this submission before April 2, 2014). The plan must include: a) the designation of an Environmental Representative, who will be in charge of implementing the management of the urban solid waste and monitoring its fulfillment; b) the determination of certain indicators (of generation and recovered material); c) evidence of hiring a collection service for generated waste and/or the treatment center and/or the final disposal facility.
In addition, Large Quantity Generators must fulfill the following obligations: a) to have an operation log which must contain, at least, the actions conducted by the waste management for each month; b) submit the certificates issued by the urban waste collectors and/or the treatment centers and/or final disposal of the waste for the documentation of the management and to allow the evaluation of the fulfillment of the plan. Moreover, the OPDS has the power to request detailed information about the degree of implementation of the private management programs annually.
Resolutions 137 and 138 define, among others, the following concepts:
a) Solid Urban Waste: “are those elements, objects or substances generated and discarded resulting from activities in urban and rural centers, including those whose origin is domestic, commercial, institutional, healthcare and non-special industrial waste similar to domestic waste.”     
b) Separation at origin: “is the action by which the generator classifies at origin waste under its control, in two fractions: recyclable and non-recyclable. Recyclable waste must be disposed of in green bags and non-recyclable waste in black bags with the aim of reducing the volume of wastes for final disposal, taking on the costs of transportation, treatment and/or final disposal.”
c) Recyclable waste: “are materials subject to exploitation such as cardboard, paper, tetra-brik-like carton packages, plastics, PET, glass, metals, among others.” The list, as can be deduced from the text, is only illustrative.

2.  Resolution 139
Resolution 139 is applicable to industrial facilities located within the Metropolitan Area of Buenos Aires that are considered “large quantity generators” in accordance with section 3 of provincial law 14,273. That is, only industries that generate over 1,000 kg of waste per month are affected by this regulation.
Such facilities, when requesting a renewal of the Annual Environmental Aptitude Certificate, must file a solid urban waste management plan that contains at least the following items: a) designation of an Environmental Representative; b) determination of certain indicators that allow setting the goals to reduce and recycle waste based on the kilograms generated; c) hiring a collection service for wastes separated at origin and final disposal of such waste.
Finally, Resolution 139 defines separation at origin as “the action by which the generator classifies waste under its control in two fractions: dry and wet. Dry waste must be disposed of in green bags and wet waste in black or grey bags, with the aim of reducing the volume of the waste for final disposal, taking on the costs of transportation and final disposal.”