He The Ministry of Environment and Sustainable Development (Mades) joins efforts to mitigate epidemics of dengue fever, chikungunya and Zika, is transmitted by mosquitoes and cases are increasing in the region; through a The Environmental Contingency, which will last for 150 days, provides the legal framework for municipal governments for the management of urban solid wasteeradicate secret rubbish dumps and impose sanctions on owners of abandoned vacant land.

Mades issued a statement regarding Resolution Number 696/23“Where an environmental emergency is declared throughout the country for the management of urban solid waste generated in various cities of the Republic and for the purpose of implementing all necessary environmental protection measures,” in line with epidemiological alert issued by the Ministry of Health and Social Welfare.

“Through this document, the agency provides steps mitigating environmental impacts on human health, caused by a lack of adequate municipal solid waste management and poor processing of household waste, to mitigate the spread of vectors that transmit dengue fever, chukungunya and Zica,” reads a publication on the X social network.

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“In this provision it is stipulated that Municipalities should identify inappropriate municipal solid waste disposal sites and proceed with their transportation to landfills. “In accordance with regulations, they must also properly manage recyclable materials, sorted and hazardous waste, as well as used tires,” he explained in the statement.

“Similarly, the municipality was declared affected by an epidemiological outbreak of dengue fever They should identify vacant land filled with weeds and waste and notify the owner by any appropriate means. “So they can immediately clean up,” he explained. “Municipal governments that own landfills must submit an Environmental Contingency Plan for Comprehensive Solid Waste Management to environmental authorities, so that related actions can be evaluated for subsequent adoption.”

The last section stands out: “Directorate of Integrated Environmental Supervision, Directorate General of Quality Control of the Environment and Natural Resources, depending on Mades, will oversee compliance with all measures to reduce environmental impacts on human health”.

“Failure to comply with the obligations set out in the Contingency Declaration will result in sanctions.as well as communication to the Public Prosecutor on criminal responsibility that such acts of negligence and actions may result in sanctions provided for in Law 716/96, which means a prison sentence of up to 5 years for those who avoid the relevant actions. legal obligations to environmental impact mitigation measures or implementing them poorly,” concluded Mades’ announcement.

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UU no. 5146/2014 “gives administrative authority to the current Seam (Environmental Secretariat) Mades, in terms of the collection of fees, tariffs and fines”, allowing the current environmental law administrative authority to carry out the process of summarizing fines for those who violate environmental regulations .

Through Decree Number 2598 of 2014, Article 5 of Law Number 5146 of 2014, “Granting administrative powers to Seam, regarding the collection of royalties, levies and fines,” was regulated and came into force. fines for environmental violations come into force. Remember, article 5 of Law Number 5146/14 regulates that: “The value of fines determined as administrative sanctions according to the law where Mades is the Enforcement Power, will be adjusted to a maximum value that does not exceed the equivalent amount.” up to 20,000 (twenty thousand) minimum wage for various unspecified activities.”

The article also stipulates that “fines will be applied without prejudice to the obligation to repair and provide compensation for environmental damage that may be caused and regardless of criminal sanctions appropriate to the scope of the jurisdiction.” The scale and classification of fines for committing offenses provided for in the legislation covering Seam is divided into offenses according to the following scheme:

Very light: the scale of fines for this offense ranges from 1 to 500 days’ wages. Small: the fine scale for this offense ranges from 501 to 3,000 wages. Seriously: the scale of fines for this offense ranges from 3,001 to 10,000 wages. Very serious: the scale of fines for this offense ranges from 10,001 to 20,000 wages.

To apply fines on any scale, the following aspects related to the process must be taken into account: the severity of the damage caused to the environment or public health; profit motive; perpetrator behavior during summary processing. Sanctions in the form of: warnings, fines, disqualification, suspension or revocation of permits, suspension of activities, closure of premises and/or confiscation of assets may be imposed, in accordance with the legal regime applicable in each case.

In addition to the sanctions applied by Mades within the scope of its jurisdiction, perpetrators may be subject to sanctions within the framework of Law no. 716/96 which punishes crimes against the environment. This law protects the environment and the quality of human life from parties who order, carry out, or because of their authority, allow or authorize activities that threaten the balance of the ecosystem, the preservation of natural resources and the quality of human life, the Enforcement Authority of which is the Ministry General, through the Special Prosecutor’s Office in environmental matters.

There are two Mades resolutions in force, namely Mades Resolution No. 356/20, “With the approval of the National Plan for Comprehensive Urban Waste Management”, which clearly sets out waste management criteria. urban solid waste (RSU). Making Resolution No. 61/2022, “Procedure for presentation and registration of the Municipal Plan for Comprehensive Waste Management within the framework of Law 3956/2009 on Comprehensive Waste Management in the Republic of Paraguay.”

Municipal competence is key by establishing in Law 3966/10, the Organic Law of Municipalities, the following: “It is the responsibility of the municipal government to protect the environment and cooperate with environmental sanitation, especially with regard to urban and home cleaning services. , including all phases of comprehensive solid waste management.” Among other things, they have the following powers:

a) Provide efficiently, directly or through third parties, the services included in each stage of comprehensive solid waste management, in accordance with the policies, strategies and standards established by the Enforcement Authority;

b) Determine the terms, methods and special provisions in accordance with which comprehensive solid waste management will be implemented, based on this Law and its regulations;

c) Regulate waste management as a whole through respective regional regulations based on this Law and its statutory regulations; develop a Local Comprehensive Solid Waste Management Plan, and coordinate with competent environmental and health authorities;

d) Select service providers through tenders for service concessions, taking into account their real capacity for comprehensive management.

Chapter VI of the Regulations Law 3956/2009 concerning Comprehensive Waste Management in the Republic of Paraguay talks about Contingency Plans, in article 100: The Waste Management Plan must consider Contingency Plans to deal with emergency situations. The aim is to clearly present the steps to be taken in the event of an incident or accident in waste management, with staff provided with information and training for their implementation.

In article 101: Contingency Plans must consider at least the following steps: a) Current information regarding various risks associated with waste management. b) Mitigation of events that may endanger, directly or indirectly, the safety and/or health of people working at the facility or residents in the area of ​​influence. c) Identification, location and availability of personnel and equipment necessary to respond to the emergency.