Hazardous Waste: Ruling on Treatment of Sewage Effluents

On October 30, 2025, Chamber IV of the Federal Court of Cassation ruled continuing the criminal investigation against former directors of Aguas Santafesinas SA (ASSA) for discharging more than 350 million liters per day of untreated domestic and industrial effluents into the Parana River.

The ruling overturned the judgment of the Federal Court of Appeals of Rosario, which had vacated the indictments on the grounds that the effluents ASSA discharged did not fall within the scope of Law 24051 on Hazardous Waste, as they were not “waste” from an industrial or productive process. It also held that criminal liability would only arise upon proving that the discharge contaminated, poisoned, or adulterated the environment and simultaneously created a concrete and serious risk to public health.

The Court of Cassation found this reasoning arbitrary. First, it clarified that ASSA’s status as a state-owned company providing a public service does not exempt it from complying with Law 24051, since it applies to all activities without distinction between private industry and public service.

Second, it held that the classification of waste as hazardous is not limited to waste originating from industrial or productive processes. Instead, it depends on the presence of hazardous components. In this case, the Court noted that ASSA’s effluents—which contained pathogenic microorganisms, fecal coliforms, heavy metals, and other dangerous substances—may be deemed hazardous waste under the Hazardous Waste Law.

The Court further emphasized that the criminal provision invoked does not require proof of actual harm to individuals; the mere existence of contamination—here, through the discharge of hazardous waste into a watercourse—is sufficient to constitute an offense under article 200 of the Argentine Criminal Code and article 55 of Law 24051, both of which describe endangerment crimes.

Additionally, the Court observed that both provincial and federal regulations mandate adequate treatment of effluents prior to discharge and that ASSA allegedly failed to comply with applicable regulatory standards.

On these grounds, the Court of Cassation ordered the investigation to continue and remanded the case for a new ruling regarding the criminal liability of the accused former directors.

This ruling establishes a significant principle: discharging untreated sewage effluent, even if done by a public service provider, may constitute a criminal offense under Law 24051, as it poses a risk to human health.

In conclusion, the ruling underscores the primacy of environmental criminal liability and affirms that state-owned companies are not exempt from statutory obligations to protect the environment and public health.