Machine Translated by Google 1 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ DECREE No. 233 THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR, CONSIDERING: I- That in accordance with the Constitution of the Republic, the protection, conservation and improvement of natural resources and the environment must be subject to special legislation. II- That the accelerated deterioration of the environment is causing serious economic and social problems, threatening irreversible damage to the well-being of present and future generations, which makes it necessary to reconcile the needs of economic and social development with the sustainable use of natural resources and to protect to the environment. III- That in order to successfully and comprehensively address environmental problems, taking into account that the environment is made up of several interrelated elements in constant change, whether due to natural causes or caused by human beings, it is necessary to provide the country with modern environmental legislation that is consistent with the principles of sustainability of economic and social development. IV- That El Salvador has signed and ratified international agreements that oblige it to comply with the commitments acquired and, depending on the case, adopt appropriate measures or of another nature, including legislation, to make international regulations operational internally. SO, in use of its constitutional powers and at the initiative of the President of the Republic through Minister of the Environment and Natural Resources and of the Deputies: José Rafael Machuca Zelaya, Sílfide Marixa Pleytez de Ramírez, Norman Noel Quijano González, Miguel Ángel Sáenz Varela, and Elvia Violeta Menjivar, Rene Oswaldo Rodriguez Velasco, Maurice Gonzalez Ayala, Maurice Diaz Barrera, Ernesto Santiago Antonio Varela, Alvaro Gerardo Martin Escalon Gomez, Jose Ricardo Vega Hernandez, David Angel Cruz, Roman Ernesto War, Horacio Humberto Rios Orellana, Mario Juarez, Zoila Beatriz Quijada, Ramon Diaz Bach, Ernesto Angle, Maria Elizabeth Zelaya Flowers, Manuel Alberto Ramirez Handal, Mario Vinicius Peñate Cross, Juan Duch Martinez, Gerson Martinez, Cyrus Cross Zepeda, Ronal Head, Norma Fidelia Guevara of Ramirios, Julius Antonio Gamero Quintanilla, Alfonso Aristides Alvarenga, Gerardo Antonio Suvillaga García, Rosario del Carmen Acosta, Gerber Mauricio Aguilar Zepeda, René Napoleón Aguiluz, Alex René Aguirre, José Antonio Armendáriz Rivas, Walter René Araujo Morales, José Orlando Arevalo Pineda, Humberto Centeno, Jorge Alberto Barrera, Donald Ricardo Calderon Lam, Jaime Valdez, Isidro Antonio Caballero Caballero, Olme Remberto Contreras, Marta Lilian Coto, Luis Alberto Cruz, Roberto José D´Abuisson Munguía, Carlos Alberto Escobar, René Mario Figueroa Figueroa, Hermes Alcides Flores Molina, Nelson Funes, Nelson Napoleón García, Elizardo González Lovo, Schafik Jorge Handal, Jose Ismael Iraheta Troy, Jose Robert Larios Rodriguez, Francisco Robert Lorenzana Duran, Carlos Guillermo Magaña Tobar, Alejandro Dagoberto Marroquín, Oscar Figueroa, Leonardo Hidalgo, Raúl Mijango, Victory of the Rosary of Amaya, Jose Mario Moreno Rivera, Luis Welman Carpio, Maria Ophelia Navarrete de Dubón, Roberto Navarro Alvarenga, Sigifredo Ochoa Pérez, Salvador Horacio Orellana Alvarez, Rubén Orellana Mendoza, Oscar Samuel Ortiz Ascencio, Olga Elizabeth Ortiz Murillo, Arturo Fernandez, Mariela Peña Pinto, Renato Antonio Perez, Jose Maurice Quinteros Cubias, Alejandro Rivera, Abraham Rodríguez, David Rodríguez Rivera, Orfilia Vigil Caballero, José Mauricio Salazar Hernández, ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 2 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ Kirio Waldo Salgado, Mercedes Gloria Salguero Gross, Julio Alfredo Samayoa, Aguiluz Roberto Serrano Alfaro, Wilber Ernesto Serrano Calles, Fabio Balmore Villalobos, Sarbelio Ventura Cortéz, Rubén Ignacio Zamora Rivas, Amado Aguiluz, Ernesto Iraheta. DECREE the following: ENVIRONMENTAL LAW PART I GENERAL DISPOSITION TITLE I THE OBJECT OF THE LAW SINGLE CHAPTER OBJECT OF THE LAW Art. 1.- The purpose of this Law is to develop the Provisions of the Constitution of the Republic, which refer to the protection, conservation and recovery of the environment; the sustainable use of natural resources that allow improving the quality of life of present and future generations; as well as, regulate public and private environmental management and environmental protection as a basic obligation of the State, the Municipalities and the inhabitants in general; and ensure the application of the International Treaties or Agreements entered into by El Salvador in this matter. PRINCIPLES OF NATIONAL ENVIRONMENTAL POLICY Art. 2.- THE NATIONAL ENVIRONMENTAL POLICY SHALL BE BASED ON THE FOLLOWING PRINCIPLES: a) ALL INHABITANTS HAVE THE RIGHT TO A HEALTHY AND ECOLOGICALLY BALANCED ENVIRONMENT. IT IS THE OBLIGATION OF THE GUARDIAN STATE, TO PROMOTE AND DEFEND THIS RIGHT IN AN ACTIVE AND SYSTEMATIC WAY, AS A REQUIREMENT TO ENSURE HARMONY BETWEEN HUMAN BEINGS AND NATURE; b) ADAPTATION TO CLIMATE CHANGE MUST BE PLANNED UNDER THE PRINCIPLES OF COMMON BUT DIFFERENTIATED RESPONSIBILITIES AND USE RATIONAL WITH INTERGENERATIONAL RESPONSIBILITY; c) ECONOMIC AND SOCIAL DEVELOPMENT MUST BE COMPATIBLE AND BALANCED WITH THE ENVIRONMENT; TAKING INTO CONSIDERATION THE SOCIAL INTEREST INDICATED IN Art. 117 OF THE CONSTITUTION; d) THE SUSTAINABLE USE, AVAILABILITY AND QUALITY OF THE NATURAL RESOURCES, AS A BASIS FOR A SUSTAINABLE DEVELOPMENT AND SO IMPROVE THE QUALITY OF LIFE OF THE POPULATION; and) IT IS THE RESPONSIBILITY OF SOCIETY IN GENERAL, THE STATE AND ALL NATURAL AND LEGAL PERSON, REPLACE OR COMPENSATE NATURAL RESOURCES WHAT DOES IT USE TO ENSURE ITS EXISTENCE, SATISFY ITS NEEDS BASIC, GROWTH AND DEVELOPMENT, AS WELL AS FRAME ITS ACTIONS, TO REDUCE OR MITIGATE ITS IMPACT ON THE ENVIRONMENT; THEREFORE SEEKING TO ELIMINATE PRODUCTION AND CONSUMPTION PATTERNS NOT ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 3 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ SUSTAINABLE; WITHOUT DEFECT OF THE SANCTIONS THAT THIS LAW MAY GIVE PLACE; f) IN ENVIRONMENTAL PROTECTION MANAGEMENT, THE PRINCIPLE WILL PREVAIL OF PREVENTION AND PRECAUTION; g) THE POLLUTION OF THE ENVIRONMENT OR SOME OF ITS ELEMENTS, WHICH PREVENT OR DAMAGE ITS ESSENTIAL PROCESSES, WILL HAVE AS AN OBLIGATION THE RESTORATION OR COMPENSATION OF THE DAMAGE CAUSED, HAVING TO COMPENSATE THE STATE OR ANY NATURAL OR LEGAL PERSON AFFECTED IN YOUR CASE, ACCORDING TO THIS LAW; h) THE FORMULATION OF THE NATIONAL ENVIRONMENTAL POLICY SHOULD TAKE TAKING INTO ACCOUNT THE INSTITUTIONAL CAPACITIES OF THE STATE AND THE MUNICIPALITIES, DEMOGRAPHIC FACTORS, CULTURAL LEVELS OF THE POPULATION, THE DEGREE OF POLLUTION OR DETERIORATION OF THE ELEMENTS OF THE ENVIRONMENT, AND THE ECONOMIC AND TECHNOLOGICAL CAPACITY OF THE SECTORS PRODUCTIVE OF THE COUNTRY; i) PUBLIC MANAGEMENT OF THE ENVIRONMENT SHOULD BE GLOBAL AND TRANS-SECTORIAL, SHARED BY THE DIFFERENT STATE INSTITUTIONS, INCLUDING THE MUNICIPALITIES AND SUPPORTED AND COMPLEMENTED BY CIVIL SOCIETY, ACCORDING TO WHAT IS ESTABLISHED BY THIS LAW, ITS REGULATIONS AND OTHER LAWS OF THE MATTER; j) IN THE PRODUCTION PROCESSES OR IMPORTATION OF PRODUCTS, YOU SHOULD ENCOURAGE ECOLOGICAL EFFICIENCY, STIMULATING THE RATIONAL USE OF PRODUCTIVE FACTORS AND DISCOURAGING THE UNNECESSARY PRODUCTION OF SOLID WASTE, INEFFICIENT USE OF ENERGY, OF WATER RESOURCES, AS WELL SUCH AS THE WASTE OF RAW MATERIALS OR MATERIALS THAT MAY RECYCLE; k) IN THE PUBLIC MANAGEMENT OF THE ENVIRONMENT, THE CRITERIA OF EFFECTIVENESS, WHICH ALLOWS TO ACHIEVE THE ENVIRONMENTAL BENEFITS AT THE LEAST POSSIBLE COST AND IN THE SHORTEST TERM, RECONCILING THE NEED FOR PROTECTION OF THE ENVIRONMENT WITH THOSE OF ECONOMIC GROWTH; l) THE OBTAINING OF THE CHANGE OF BEHAVIOR OVER THE PUNISHMENT WITH THE PURPOSE OF STIMULATING THE CREATION OF AN ENVIRONMENTAL PROTECTIONIST CULTURE ENVIRONMENT; m) ADOPT REGULATIONS THAT ALLOW THE OBTAINING OF GOALS DIRECTED TO IMPROVING THE ENVIRONMENT, PROMOTING A WIDE RANGE OF OPTIONS POSSIBLE FOR COMPLIANCE, SUPPORTED BY ECONOMIC INCENTIVES THAT STIMULATE THE GENERATION OF ACTIONS MINIMIZING THE EFFECTS NEGATIVE TO THE ENVIRONMENT; Y, n) ENVIRONMENTAL EDUCATION WILL BE AIMED TO PROMOTE THE ENVIRONMENTAL CULTURE IN ORDER TO RAISE THE POPULATION'S AWARENESS ABOUT THE PROTECTION, CONSERVATION, PRESERVATION AND RESTORATION OF THE ENVIRONMENT. (two) NATIONAL ENVIRONMENTAL POLICY Art. 3.- The national environmental policy is a set of principles, strategies and actions, issued by the Council of Ministers, and carried out by the Ministry of the Environment and ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 4 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ Natural Resources, which in the future of this Law may be called the Ministry and by the National Environmental Management System. The Ministry will present said policy to the Council of Ministers for its approval. This policy will be updated at least every five years, in order to ensure sustainable and sustainable development in the country. The national environmental policy should guide the action of the public administration, central and municipal, in the execution of development plans and programs. DECLARATION OF SOCIAL INTEREST Art. 4.- THE PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT, AS WELL AS THE ADAPTATION AND REDUCTION OF VULNERABILITY TO CLIMATE CHANGE, IS DECLARED OF SOCIAL INTEREST. PUBLIC OR MUNICIPAL INSTITUTIONS ARE OBLIGATED TO INCLUDE, AS A PRIORITY IN ALL THEIR ACTIONS, PLANS AND PROGRAMS, THE ENVIRONMENTAL COMPONENT AND CLIMATE VARIATION. THE GOVERNMENT IS RESPONSIBLE FOR INTRODUCING MEASURES THAT GIVE AN ADEQUATE ECONOMIC VALUATION TO THE ENVIRONMENT IN ACCORDANCE WITH THE REAL VALUE OF NATURAL RESOURCES, ASSIGNING THE RIGHTS TO EXPLOIT THEM SO THAT THE CITIZEN, WHEN ACQUIRING THEM, USE THEM IN ACCORDANCE WITH THE PRINCIPLES OF PREVENTION AND PRECAUTION, WITH INTERGENERATIONAL RESPONSIBILITY AND IN A SUSTAINABLE MANNER. (two) BASIC CONCEPTS AND DEFINITIONS Art. 5.- For the purposes of this Law and its Regulations, it will be understood as: ADAPTATION TO CLIMATE CHANGE: ADJUSTMENT MADE BY HUMAN OR NATURAL ECOSYSTEMS IN RESPONSE TO ACTUAL OR EXPECTED CLIMATE STIMULI AS A RESULT OF OR ITS EFFECTS OF CLIMATE CHANGE, WHICH MITIGATES HARMFUL EFFECTS, MITIGATES DAMAGE, OR TAKES ADVANTAGE OF OPPORTUNITIES. (two) FRAGILE AREA: Environmentally degraded coastal-marine zone, protected wild areas and buffer zones, aquifer recharge zones and slopes of more than thirty degrees without vegetation cover or conservation measures and others that have been decreed as such by Law. NATURAL PROTECTED AREA: Those parts of the national territory legally established in order to enable the conservation, sustainable management and restoration of wild flora and fauna, related resources and their natural and cultural interactions, which have high significance due to their function or their genetic, historical, scenic, recreational, archaeological and protective values, in such a way as to preserve the natural state of biotic communities and unique geomorphological phenomena. CLIMATE CHANGE: CLIMATE CHANGE ATTRIBUTED DIRECTLY OR INDIRECTLY TO HUMAN ACTIVITY THAT ALTERS THE COMPOSITION OF THE GLOBAL ATMOSPHERE AND IS IN ADDITION TO NATURAL CLIMATE VARIABILITY OBSERVED OVER COMPARABLE PERIODS OF TIME. (two) LOAD CAPACITY: Property of the environment to absorb or withstand external agents, without suffering such deterioration that it affects its own regeneration or prevents its natural renewal in normal terms and conditions or significantly reduces its ecological functions. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 5 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ ENVIRONMENTAL COMPENSATION: Set of Mechanisms that the State and the population can adopt in accordance with the Law to replace or compensate for the unavoidable impacts caused by their presence in the environment. Compensation can be made directly or through specialized agents, at the site of the impact, in surrounding areas or in areas more favorable for replacement or recovery. CONSERVATION: Set of human activities to guarantee the sustainable use of the environment, including measures for the protection, maintenance, rehabilitation, restoration, management and improvement of natural resources and ecosystems. POLLUTION: The presence or introduction into the environment of elements that are harmful to life, flora or fauna, or that degrade the quality of the atmosphere, water, soil or goods and natural resources in general, as established by Law. . POLLUTANTS: All matter, elements, compounds, substances, chemical or biological derivatives, energy, radiation, vibration, noise, or a combination of them in any of their physical states that when incorporated or act in the atmosphere, water, soil, flora, fauna or any other element of the environment, alters or modifies its natural composition and degrades its quality, putting at risk the health of people and the preservation or conservation of the environment. ENVIRONMENTAL CONTROL: The supervision, monitoring and application of measures for the conservation of the environment. SOUND POLLUTION: Sounds that, due to their level, duration or frequency, affect human health or the quality of life of the population, exceeding the legally established permissible levels. CLOSURE: The closure and inhibition of the operation of an establishment, building or facility, by administrative or judicial resolution, when, according to the Law, its operation contaminates or endangers the elements of the environment, the balance of the ecosystem, or health. and quality of life of the population. ENVIRONMENTAL DAMAGE: Any loss, reduction, deterioration or damage caused to the environment or to one or more of its components, in contravention of legal regulations. The damage may be serious when it endangers the health of human groups, the ecosystem or species of flora and fauna and irreversible, when the effects it produces are irreparable and definitive. SUSTAINABLE DEVELOPMENT: It is the improvement of the quality of life of present generations, with economic development, political democracy, equity and ecological balance, without undermining the quality of life of future generations. ENVIRONMENTAL DISASTER: Any event of alteration of the environment, of natural or induced origin, or produced by human action, which, due to its gravity and magnitude, endangers life or human activities or generates significant damage to natural resources, producing severe losses to the country or a region. WASTE: Material or energy resulting from the inefficiency of processes and activities, which have no direct use and are permanently discarded. HAZARDOUS WASTE: Any material without direct use or permanently discarded that, due to its chemical activity or its corrosive, reactive, flammable, toxic, explosive, spontaneous combustion, oxidizing, infectious, bioaccumulative, ecotoxic or ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 6 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ radioactive or other characteristics, which cause danger or endanger human health or the environment, either by itself or in contact with other waste. DESERTIFICATION: The process of land degradation in arid, semi-arid and sub-humid, dry areas resulting from various factors, such as climatic variations and human activities. DESTRUCTION, FINAL DISPOSAL OR DENATURALIZATION: Physical elimination, or transformation into innocuous products of goods that are harmful or dangerous for the environment, the balance of ecosystems and the health and quality of life of the population, under strict control standards. ENVIRONMENTAL DIMENSION: Close relationship that must exist between the environment and development; indicates a characteristic that every development plan must have, whether local, regional, national or global, and that is expressed in the need to take into account the existing environmental situation and its future projection, incorporating elements in an integral way in the process of planning and practical application. BIOLOGICAL DIVERSITY: Variability of living organisms from any source, including terrestrial and marine ecosystems, other aquatic ecosystems and the ecological complexes of which they are part. It includes the diversity of genes, species and ecosystems. ECO- EFFICIENCY: Way of producing or providing a service, emphasizing the reduction of economic and environmental costs, as well as the intensity of the use of resources, throughout the life cycle of the product or service, respecting the carrying capacity of the ecosystems. ECOSYSTEM: It is the basic functional unit of interaction of living organisms with each other and of these with the environment, in a given space and time. ENVIRONMENTAL EDUCATION: Citizen environmental training process, formal, non-formal and informal, for awareness and development of values, concepts and attitudes towards the protection, conservation or restoration, and the sustainable use of natural resources and the environment. ambient. ENDEMIC: species or phenomenon that is circumscribed or occurs, or is found mostly or preferably, in a given territory or ecosystem. CLIMATE SCENARIO: NORMALLY SIMPLIFIED POSSIBLE REPRESENTATION OF THE FUTURE CLIMATE, BASED ON A SERIES OF CLIMATOLOGICAL VARIABLES, DEVELOPED TO BE USED IN THE INVESTIGATION OF THE PROBABLE CONSEQUENCES OF ANTHROPOGENIC CLIMATE CHANGE, FOR THE CREATION OF IMPACT MODELS. (two) DANGEROUS ESTABLISHMENT OR INSTALLATION: That which, due to the type of products it produces; or the raw material used, can seriously endanger health, life or the environment, such as explosives factories, warehouses of toxic or dangerous substances, mineral smelters and those that produce radiation. ENVIRONMENTAL IMPACT STUDY: Diagnosis, evaluation, planning and control instrument, consisting of a set of technical and scientific activities carried out by a multidisciplinary team, aimed at the identification, prediction and control of the positive and negative environmental impacts of an activity. , work or project, throughout its life cycle, and its alternatives, presented in a technical report and carried out according to the legally established criteria. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 7 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ ENVIRONMENTAL ASSESSMENT: The process or set of procedures, which allows the State, based on an environmental impact study, to estimate the effects and consequences that the execution of a certain work, activity or project may cause on the environment, ensure the execution and monitoring of the measures that can prevent, eliminate, correct, address, compensate or enhance, as the case may be, said impacts. STRATEGIC ENVIRONMENTAL ASSESSMENT: The environmental assessment of policies, plans, programs, laws and legal regulations. ENVIRONMENTAL FORM: Document with the character of a sworn statement that is presented to the competent environmental authority, according to a pre-established format, which describes the basic characteristics of the activity or project to be carried out, which by law requires an environmental impact assessment. as a condition prior to obtaining an environmental permit. PUBLIC ENVIRONMENTAL MANAGEMENT: All activities or legal mandates carried out or executed by the State or municipalities in relation to the environment with consequence or impact on it. ENVIRONMENTAL IMPACT: Any significant alteration, positive or negative, of one or more of the components of the environment, caused by human action or natural phenomena in a defined area of influence. ENVIRONMENT: The system of biotic, abiotic, socioeconomic, cultural and aesthetic elements that interact with each other, with individuals and with the community in which they live, determining their relationship and survival, in time and space. MITIGATION: ANTHROPOGENIC INTERVENTION TO REDUCE SOURCES OR IMPROVE SINKS OF GREENHOUSE GASES. (two) PERMISSIBLE LEVELS OF CONCENTRATION: Values or parameters that establish the maximum degree of concentration of contaminants that can be discharged into a source, duct or chimney, in places where monitoring or control of contaminants is carried out during the production process or the realization of an activity. PERMISSIBLE LEVELS OF EXPOSURE: Values of a physical, chemical or biological parameter, which indicate the maximum or minimum degree of concentration, or the periods of time of exposure to certain elements, compounds, substances, chemical or biological derivatives, energies, radiations, vibrations , noise or a combination of them, whose presence in an environmental element can cause damage or constitute a risk to human health. ENVIRONMENTAL QUALITY TECHNICAL STANDARDS: Those that establish the limit values of concentration and periods, maximum or minimum permissible elements, compounds, chemical or biological derivatives, radiation, vibrations, noise, odors or combinations of them, whose presence or lack in the environment may constitute a risk to human health or well-being, life and nature conservation. OBLIGATION TO REPAIR THE DAMAGE: Legal duty to restore the environment or ecosystem, to the situation prior to the event, which polluted, deteriorated or destroyed it, when possible, or to provide compensation to society as a whole, to replace the most appropriate and equitable form of damage, in addition to compensating individuals for damages related to environmental damage, as appropriate. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 8 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ ENVIRONMENTAL PERMIT: Administrative act by means of which the Ministry, in accordance with this Law and its Regulations, at the request of the owner of an activity, work or project, authorizes these to be carried out, subject to compliance with the conditions established by this act. ABANDONMENT PLAN: The document, duly approved by the Ministry, which contains the actions and deadlines for their implementation, which must legally be carried out by the holder of a mineral or hydrocarbon exploration or exploitation concession, to restore the environment or carry out compensatory measures. , if applicable, after finishing the exploration or exploitation work. ESSENTIAL ECOLOGICAL PROCESSES: Those processes that support the productivity, adaptability and renewal capacity of soil, water, air and all manifestations of life. DANGEROUS OR HAZARDOUS PROCESSES: Those that, due to the type of technology they apply, the raw material they use or transform, or the products that generate, endanger or endanger health, human life, ecosystems or the environment, such such as the manufacture, handling, storage and final disposal of toxic, dangerous, radioactive substances. GENETIC RESOURCES: Any material of plant, animal or microbial origin or of any other type of real or potential value that contains functional units of inheritance. NATURAL RESOURCES: Natural elements that man can take advantage of to satisfy his economic, social and cultural needs. TECHNICAL RULES: The guidelines or criteria that regulate the relationship between human beings and their environment in order to ensure ecological balance. RETENTION: Dispose and maintain, by resolution of the competent authority, in accordance with the Law, under prohibition of transfer, use, consumption, storage, cultivation, processing, and security conditions, goods and derivatives of a dubious nature or conditions that put, or may endanger the environmental resources, the balance of ecosystems, or the health and quality of life of the population. SUSPENSION: The temporary cessation of permits, licenses, concessions, or any authorization for the installation or operation of an activity, work or project, when in accordance with the precepts and procedures established by Law it is verified that the environmental Laws and Regulations that gave rise to the granting of said permits, licenses and concessions. HAZARDOUS SUBSTANCES: Any material with corrosive, reactive, radioactive, explosive, toxic, flammable or biologically active characteristics. VULNERABILITY: LEVEL OF SUSCEPTIBILITY OF A SYSTEM TO ADVERSE EFFECTS CLIMATE CHANGE, INCLUDING CLIMATE VARIABILITY, EXTREME EVENTS; DEPENDING ON THE CHARACTER, MAGNITUDE AND SPEED OF THE SAME, TO WHICH THEY ARE EXPOSED, AS WELL AS ITS SENSITIVITY AND CAPACITY TO ADAPT. (two) COASTAL-MARINE ZONE: It is the coastal strip included within the first 20 kilometers that goes from the inland coastline and the marine zone in the area that includes the open sea, from zero to 100 meters deep, and where they are distributed. species of seabed organisms. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 9 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ AQUIFER RECHARGE ZONE: Place or area where rainwater infiltrates into the ground, which becomes part of the groundwater or groundwater. AUTHENTIC INTERPRETATION DECREE No. 566 THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR, CONSIDERING: I.- That by Legislative Decree No. 233, dated March 2, 1998, published in the Official Gazette No 79, Volume 339 of May 4 of the same year, the Environmental Law was issued, with the purpose of developing the Provisions of the Constitution that refer to the protection, conservation and recovery of the environment and the sustainable use of natural resources. II.- That for this purpose said Law, in Article 21, established that in order to carry out the works, projects and activities mentioned therein, prior to their construction or start of operations, they must have an environmental permit and the corresponding approval of the Environmental Impact Study, which must be submitted to the Ministry of Environment and Natural Resources for approval. III.- That in accordance with Art. 107, of the same legal body, the holders@ of public or private activities, works or projects, which were operating when said Law came into effect and which, in accordance with Art. 20 of the same, must undergo an Environmental Impact Assessment, are obliged to prepare an environmental diagnosis within a period maximum of two years and submit it to the Ministry for approval. IV.- That the term Owner@ has created difficulties for the corresponding authorities for its application, and doubts as to who is responsible for complying with certain obligations ordered by the Law, for which it is necessary to authentically interpret the Legal Provisions in which the term is mentioned Owner@. SO, in use of their Constitutional powers and initiative of the Deputies: Elvia Violet Menjivar, Donato Eugenio Vaquerano Rivas, Mario Antonio Ponce Lopez, Norman Noel Quijano Gonzalez, Jorge Antonio Escobar Rosa, Rafael Edgardo Arevalo, Juan Angel Alvarado Alvarez, Douglas Alexander Alas, Jose Ascension Sailor Caceres and Rafael Edgardo Arevalo. DECREES Art. 1.- The thirty-sixth and thirty-seventh paragraphs of article 5, the first paragraph of article 20, article 22, article 23, the literal Aa@ of article 25, the first paragraph and literal Ab@ of article 27 are authentically interpreted , the literal Aa@ of article 64, the first paragraph of article 107 and the second paragraph of article 108 of the Environmental Law, ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 10 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ issued by means of Legislative Decree No. 233, dated March 2, 1998, published in the Official Gazette No. 79, Volume 339 of May 4 of the same year, in the sense that when such Provisions refer to the term Holder or holders@ of public or private activities, works or projects, refers to the owners of the project, work or infrastructure, and therefore they are the ones who must comply with the obligations established in Article 107 of the same. Art. 2.- This interpretation is incorporated into the text of the Law, from the moment of its issuance and validity. Art. 3.- This Decree will enter into force eight days after its publication in the Official Gazette. GIVEN IN THE LEGISLATIVE PALACE: San Salvador, on the fourth day of the month of October of the year two thousand and one. DO No. 198, T. 353, October 19, 2001. TITLE II ENVIRONMENTAL MANAGEMENT CHAPTER I ENVIRONMENTAL MANAGEMENT SYSTEM CREATION OF THE NATIONAL ENVIRONMENTAL MANAGEMENT SYSTEM Art. 6.- The National Environmental Management System is created, formed by the Ministry that will be its coordinator, the environmental units in each Ministry and the autonomous and municipal institutions, it will be called SINAMA and its purpose will be to establish, put into operation and maintain in the entities and institutions of the public sector the principles, norms, programming, direction and coordination of the environmental management of the State. It will have the following objectives: a) Establish coordination mechanisms for environmental management in the entities and institutions of the public sector, to implement the environmental dimension in the development of the country; b) Establish the structural and functional organization of environmental management in public sector entities and institutions; c) Establish procedures to generate, systematize, record and provide information on environmental management and the state of the environment as a basis for the preparation of environmental plans and programs, to assess the environmental impacts of sectoral policies and to evaluate management performance environment of the members of the National Environmental Management System; d) Establish the implementation, execution and monitoring of environmental management as the responsibility of the senior management of each entity or institution of the public sector; Y, and) Establish the rules of participation and coordination between it and the Ministry. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 11 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ The Executive Body in the field of Environment and Natural Resources is responsible for coordinating SINAMA, for which it will dictate the policies that will serve as a guide for the design, organization and operation, which will be centralized in terms of regulations, and decentralized in terms of to the operation. ENVIRONMENTAL UNITS Art. 7.- Public institutions that are part of SINAMA must have environmental units, organized with their own personnel and financed with the budget of the primary units. The Environmental Units are specialized structures, with functions of supervising, coordinating and following up on policies, plans, programs, projects and environmental actions within their institution and to ensure compliance with environmental regulations by the same and ensure the necessary inter-institutional coordination in environmental management, according to the guidelines issued by the Ministry. CHAPTER II PARTICIPATION OF THE POPULATION IN ENVIRONMENTAL MANAGEMENT Art. 8.- The institutions that are part of the National Environmental Management System, prior to the approval of their policies, plans and programs, will consult for their environmental management, with the participating organizations at the regional, departmental and local levels. RIGHT OF THE POPULATION TO BE INFORMED ABOUT ENVIRONMENTAL MANAGEMENT Art. 9.- The inhabitants have the right to be informed, in a timely, clear and sufficient manner, within a period not exceeding fifteen working days, about the environmental policies, plans and programs related to the health and quality of life of the population. , specially for: a) Participate in the consultations prior to the definition and approval of the environmental policy, in the forms and mechanisms established in this Law and its Regulations; b) Participate in consultations, through the channels established by law, when within their Municipality will grant concessions for the exploitation of natural resources; c) Collaborate with the specialized institutions of the State in the inspection and vigilance for the protection of the environment; Y, d) Be informed and participate in consultations about activities, works or projects that may affect it or require an environmental permit. The Ministry will establish guidelines for the use of public consultation mechanisms in relation to environmental management. It will encourage the participation of non-governmental environmental organizations, business organizations and the academic sector. COMMUNITY INVOLVEMENT Art. 10.- The Ministry of the Environment and, as appropriate, the other State institutions, will adopt policies and programs specifically aimed at promoting the participation of communities in activities and works aimed at preventing environmental deterioration. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 12 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ TITLE III ENVIRONMENTAL POLICY INSTRUMENTS CHAPTER I ENVIRONMENTAL POLICY INSTRUMENTS Art. 11.- The following are instruments of environmental policy: a) Environmental Planning within the National or Regional Plans for Development and Territorial Planning; b) Environmental Assessment; c) Environmental Information; d) The Participation of the Population; and) The Environmental Incentives and Disincentives Programs; f) The Environmental Fund of El Salvador and any other Financing Program of Environmental Projects; g) Science and Technology applied to the Environment; h) Environmental Education and Training; and, i) The National Strategy for the Environment and its Action Plan. CHAPTER II INCORPORATION OF THE ENVIRONMENTAL DIMENSION DEVELOPMENT PLANS AND TERRITORY ORDERING INCORPORATION OF THE ENVIRONMENTAL DIMENSION IN DEVELOPMENT PLANS AND LAND PLANNING Art. 12.- The Ministry must ensure that the environmental dimension is incorporated into all national, regional and local policies, plans and programs for the development and organization of the territory. ENVIRONMENTAL REGIME FOR THE DEVELOPMENT AND PLANNING OF THE TERRITORY Art. 13.- Prior to its approval, any policy, plan or program for the development and organization of the national, regional or local territory, must incorporate the environmental regime. ENVIRONMENTAL CRITERIA IN THE DEVELOPMENT AND LAND PLANNING Art. 14.- To incorporate the environmental dimension in any policy, plan or program for the development and organization of the territory, the following criteria must be taken into account: a) The economic valuation of natural resources, including the environmental services that they can provide, according to the nature and characteristics of the ecosystems; ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 13 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ b) The environmental characteristics of the place and its ecosystems, taking into account its natural and cultural resources and especially, the natural vocation and the potential use of the land, being the hydrographic basin, the base unit for the planning of the territory; c) Existing imbalances as a result of human settlements, development activities and other human activities or natural phenomena; d) The balance that must exist between human settlements, development activities, demographic factors and environmental conservation measures; Y, and) The others that indicate the Laws on the development and ordering of the territory. CHAPTER III ENVIRONMENTAL STANDARDS IN THE PLANS OF DEVELOPMENT AND PLANNING OF THE TERRITORY ENVIRONMENTAL STANDARDS IN DEVELOPMENT PLANS Art. 15.- Development plans and land use planning must incorporate the environmental dimension, based on the following parameters: a) The priority uses for areas of the national territory, according to their economic and cultural potentialities, specific conditions and ecological capacities, taking into account the existence of scarce ecosystems, among which hillsides with more than 30% slope, the zone marine-coastal and continental shelf, aquifer recharge zones, mangroves, highly eroded or degraded areas or areas with high population levels, which are established as fragile areas; b) The location of industrial, agricultural, forestry, mining, tourist and service activities and the areas of conservation and absolute protection and restricted management; c) The general guidelines of the urbanization plan, conurbation and the system of cities; d) The location of protected natural and cultural areas and other spaces subject to a special regime for the conservation and improvement of the environment; and) The location of infrastructure works for power generation, communications, transportation, use of natural resources, sanitation of large areas, disposal and treatment of solid waste and other analogous; f) The preparation of zonal, departmental and municipal plans for land use planning; Y, g) The location of works for the ordering, development and use of water resources. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 14 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ CHAPTER IV ENVIRONMENTAL ASSESSMENT SYSTEM ENVIRONMENTAL EVALUATION Art.16.- The environmental assessment process has the following instruments: a) Strategic Environmental Assessment; b) Environmental Impact Assessment; c) Environmental Program; d) Environmental Permit; and) Environmental Diagnostics; f) Environmental Audits; Y, g) Public consultation. STRATEGIC ENVIRONMENTAL ASSESSMENT Art. 17.- The policies, plans and programs of the Public Administration must be evaluated for their environmental effects, selecting the alternative with the least negative impact, as well as an analysis consistent with the National Environmental Management Policy. Each entity or institution will make its own strategic environmental assessments. The Ministry will issue the guidelines for the evaluations, will approve and supervise the fulfillment of the recommendations. ENVIRONMENTAL IMPACT EVALUATION Art. 18.- It is a set of actions and procedures that ensure that the activities, works or projects that have a negative environmental impact on the environment or on the quality of life of the population, are submitted from the pre-investment phase to the procedures that identify and quantify said impacts and recommend the measures that prevent, mitigate, compensate or enhance them, as the case may be, selecting the alternative that best guarantees the protection of the environment. ENVIRONMENTAL PERMIT COMPETITION Art. 19.- For the start and operation of the activities, works or projects defined in this Law, they must have an environmental permit. It will correspond to the Ministry to issue the environmental permit, prior approval of the environmental impact study. SCOPE OF ENVIRONMENTAL PERMITS Art. 20.- The environmental permit will oblige the owner of the activity, work or project, to carry out all the prevention, attenuation or compensation actions, established in the Environmental Management Program, as part of the Environmental Impact Study, which will be approved as a condition for the granting of the Environmental Permit. (SEE AUTHENTIC INTERPRETATION) The validity of the Environmental Permit for location and construction will be for the duration of the construction of the physical work; once it is finished, including the works or installations of ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 15 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ treatment and mitigation of environmental impacts, the Environmental Operating Permit will be issued for the time of its useful life and stage of abandonment, subject to monitoring and control by the Ministry. ACTIVITIES, WORKS OR PROJECTS THAT WILL REQUIRE AN IMPACT STUDY ENVIRONMENTAL Art. 21.- Every natural or legal person must present the corresponding Impact Study Environmental to execute the following activities, works or projects: a) Road works, bridges for mechanized traffic, railways and airports; b) Seaports, piers, shipyards, terminals for unloading or transferring hydrocarbons or chemical products; c) Oil pipelines, gas pipelines, polyducts, carboducts, other pipelines that transport solid, liquid or gas products, and sewage networks; d) Systems for treatment, containment and disposal, storage facilities and final disposal of solid waste and hazardous waste; and) Exploration, exploitation and industrial processing of minerals and fossil fuels; f) Power generation plants from nuclear, geometric thermal and hydraulic, wind and tidal power; g) Electric power transmission lines; h) Dams, reservoirs, and hydraulic systems for irrigation and drainage; i) Works for industrial or commercial exploitation and physical regulation of water resources; j) Plants or fishing, industrial, agro-industrial, tourist complexes or recreational parks; k) Those located in fragile protected areas or in their buffer zones and wetlands; l) Urban projects, constructions, subdivisions or works that may cause a negative environmental impact; m) Projects in the agricultural sector, integrated rural development, aquaculture and forest management located in fragile areas; except for forestry and aquaculture projects that have development plans, which must be registered with the Ministry as of the effective date of this Law, within the term established for environmental adaptation; n) Activities considered highly risky, by virtue of their corrosive, explosive, radioactive, reactive, toxic, flammable or biological-infectious characteristics for human health and well-being and the environment, which must add a Study of Risk and Environmental Management; ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 16 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ ñ) Biotechnology projects or industries, or that involve genetic management or production of genetically modified organisms; Y, O) Any other that may have considerable or irreversible impacts on the environment, human health and well- being or ecosystems. ENVIRONMENTAL FORM Art. 22.- The owner of any activity, work or project that requires an environmental permit for its performance or operation, expansion, rehabilitation or reconversion must submit to the Ministry the environmental form that it requires with the information requested. The Ministry will categorize the activity, work or project, according to its scope and the nature of the potential impact. (SEE AUTHENTIC INTERPRETATION) DEVELOPMENT OF THE ENVIRONMENTAL IMPACT STUDY Art. 23.- The Environmental Impact Study will be carried out on behalf of the owner, by means of a multidisciplinary technical team. Companies or persons engaged in preparing environmental impact studies must be registered with the Ministry, for statistical and information purposes, who will establish the certification procedure for service providers of Environmental Impact Studies, diagnoses and audits of environmental evaluation. (SEE AUTHENTIC INTERPRETATION) EVALUATION AND APPROVAL OF ENVIRONMENTAL IMPACT STUDIES Art. 24.- The elaboration of the Environmental Impact Studies, their evaluation and approval, will be subject to the following norms: a) The studies must be evaluated within a maximum period of sixty business days from their receipt; this period includes public consultation; b) In case of approval of the Environmental Impact Study, the Ministry will issue the corresponding environmental permit, within a period not exceeding ten working days after the corresponding resolution has been notified; c) If after the periods indicated in the preceding paragraphs, the Ministry does not make a pronouncement, the provisions of Article 3 of the Law on Contentious-Administrative Jurisdiction will apply; Y, d) Exceptionally, when due to the complexity and dimensions of an activity, work or project, a longer term is required for its evaluation, it may be extended for up to sixty additional business days, provided that the reasons for it are justified. PUBLIC CONSULTATION OF ENVIRONMENTAL IMPACT STUDIES Art. 25.- The public consultation of the Environmental Impact Studies will be governed by the following standards: a) Prior to their approval, the studies will be made known to the public, at the owner's expense, within a period of ten working days so that any person who considers himself or herself affected can express their opinions or make their observations in writing, which will be announced in advance. in media with national coverage and through other media in the manner established by the Regulations of this Law; (SEE INTERPRETATION AUTHENTIC) ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 17 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ b) For those Environmental Impact Studies whose results reflect the possibility of affecting the quality of life of the population or of threatening risks to human health and well-being and the environment, a public consultation of the study will be organized by the Ministry in the Municipality(ies). where the activity, work or project is planned to be carried out; Y, c) In all cases of queries about the Environmental Impact Study, the opinions issued by the public must be weighted by the Ministry. RESOURCES Art. 26.- The resolution that pronounces on an environmental impact study will admit the resources established in this Law and the Law of the Contentious-Administrative Jurisdiction. ENVIRONMENTAL ASSESSMENT AUDITS Art. 27.- To ensure compliance with the conditions established in the environmental permit by the owner of works or projects, the Ministry will carry out environmental assessment audits in accordance with the following requirements: (SEE AUTHENTIC INTERPRETATION) a) The audits will be carried out periodically or randomly, in the manner established by the Regulation of this Law; b) The Ministry will base itself on said audits to establish the obligations that the owner or owner of the work or project must comply with in relation to the environmental permit; Y, (SEE AUTHENTIC INTERPRETATION) c) The environmental assessment audit will constitute the basis for the self-regulation programs for the activities, works or projects that benefit from said program. CONTROL AND MONITORING OF ENVIRONMENTAL ASSESSMENT Art. 28.- The control and monitoring of the Environmental Assessment is a function of the Ministry, for which which will have the support of the environmental units. ENVIRONMENTAL COMPLIANCE BOND Art. 29.- To ensure compliance with environmental permits regarding the execution of environmental management and adaptation programs, the owner of the work or project must submit a compliance bond for an amount equivalent to the total costs of the physical works or investments that are required, to comply with the environmental management and adaptation plans. This bond will last until said works or investments have been carried out in the previously established manner. CHAPTER V ENVIRONMENTAL INFORMATION ENVIRONMENTAL INFORMATION Art. 30.- The Ministry and the Institutions of the National Environmental Management System, They must collect, update and publish the environmental information that they are responsible for managing. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 18 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ The Institutions that make up the National Environmental Management System must provide the information requested by the Ministry, which will be freely accessible to the public. NATIONAL REPORT ON THE STATE OF THE ENVIRONMENT Art. 31.- The Ministry will elaborate every two years for its presentation to the nation through the President of the Republic the national report on the state of the environment. CHAPTER VI ENVIRONMENTAL INCENTIVES AND ECONOMIC DISINCENTIVES ENVIRONMENTAL INCENTIVES AND DISINCENTIVES Art. 32.- The Ministry, jointly with the Ministry of Economy and the Ministry of Finance, after consultation with the National Council for Sustainable Development, will prepare environmental incentive and disincentive programs to facilitate the reconversion of polluting processes and activities, or those that use excessive or inefficient use of natural resources. These programs will also be included in the Laws that contain tax benefits for those who carry out environmentally sound processes, activities, projects or products or support the conservation of natural resources. The Multisectoral Investment Bank will establish lines of credit for the Financial System to support small, medium and microenterprises, so that they can timely adapt to the Provisions of this Law. SUPPORT FOR ENVIRONMENTALLY HEALTHY PRODUCTIVE ACTIVITIES Art. 33.- The Ministry will encourage entrepreneurs to incorporate environmentally appropriate processes and technologies into their productive activity, using incentive and disincentive programs, and promoting national and international financial and technical cooperation. ENVIRONMENTAL MANAGEMENT FINANCING MECHANISMS Art. 34.- The State will promote financing mechanisms for public and private environmental management, with private resources or international cooperation, in addition to those assigned for this purpose in the General Budget of the Nation. SUPPORT FOR RAISING RESOURCES FOR ENVIRONMENTAL MANAGEMENT Art. 35.- The Ministry will support the Municipal Governments, the governmental sectors and the non- governmental sector in the management of resources, through national and international technical and financial cooperation, to be allocated to activities and projects of conservation, recovery and environmentally sound production. FINANCING FOR THE ENVIRONMENTAL COMPONENT IN ACTIVITIES, WORKS OR PROJECTS Art. 36.- In public projects financed with items from the National or Municipal Budget, or with external funds, the necessary items must be included to finance the environmental component in them and the conditions and measures contained in the environmental permit that authorizes said projects. . ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 19 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ NATIONAL ENVIRONMENTAL AWARD Art. 37.- Create the National Prize for the Environment, which will be awarded annually by the President of the Republic, to persons, companies, projects or institutions, which during the year have stood out in activities for the protection of the environment or in the execution of environmentally sound processes in the country. GREEN SEALS OR ECOLABELING Art. 38.- The Regulations of this Law will contain the norms and procedures to regulate the accreditation and registration of the organisms that certify the environmentally sound processes and products, or from the sustainable use of natural resources. Registered organizations or agencies will issue the green seal or eco-labelling to environmentally sound products or processes, after certification by the Ministry. TITLE IV ENVIRONMENTAL DIMENSION SINGLE CHAPTER ENVIRONMENTAL EDUCATION AND TRAINING ENVIRONMENTAL DIMENSION IN PRACTICES FOR OBTAINING DEGREES OR DIPLOMAS Art. 39.- In order to obtain any academic degree, part of the hours of social service must be allocated to practices related to the environment, as established in the respective Laws. SCIENTIFIC AND TECHNOLOGICAL RESEARCH Art. 40.- The National Council for Science and Technology, the Universities, the National Center for Agricultural and Forestry Technology of the Ministry of Agriculture and Livestock, the Ministry of Education and other agencies that promote and develop scientific and technological research, will include in its science and technology plans, programs and projects the environmental dimension. ENVIRONMENTAL AWARENESS Art. 41.- The Ministry will promote with educational institutions, non-governmental environmental organizations, the business sector and the media, the formulation and development of environmental awareness programs. TITLE V POLLUTION PREVENTION AND CONTROL CHAPTER I SPECIAL PROVISIONS DUTIES OF PEOPLE AND STATE INSTITUTIONS Art. 42.- All natural or legal persons, the State and its decentralized entities are obliged to avoid actions that deteriorate the environment, to prevent, control, monitor and report to the competent authorities pollution that may harm health, quality of life of ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 20 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ population and ecosystems, especially activities that cause pollution of the atmosphere, water, soil and the marine coastal environment. POLLUTION PREVENTION AND CONTROL PROGRAMS Art. 43.- The Ministry will prepare, in coordination with the Ministry of Public Health and Social Assistance, the entities and Institutions of the National Environmental Management System, programs to prevent and control pollution and compliance with quality standards. Within them, the gradual introduction of self-regulation programs by the owners of activities, works or projects will be promoted. CHAPTER II ESTABLISHMENT OF TECHNICAL STANDARDS FOR ENVIRONMENTAL QUALITY APPROVAL OF TECHNICAL ENVIRONMENTAL QUALITY STANDARDS Article 44.-. The Ministry, in coordination with the National Council for Science and Technology, will ensure compliance with the technical standards of environmental quality. A special regulation approved by the President of the Republic will contain said norms. REVIEW OF ENVIRONMENTAL QUALITY STANDARDS Art. 45.- It is the obligation of the Ministry to periodically review the technical standards of environmental quality, in order to propose to the National Council of Science and Technology the necessary readjustment according to physical, chemical, biological, economic and technological changes. CHAPTER III POLLUTION PREVENTION AND CONTROL INVENTORIES OF EMISSIONS AND RECEIVING MEDIA Article 46.-. To ensure effective control of protection against contamination, it will be established, by the Ministry in coordination with the Ministry of Public Health and Social Assistance and with the competent authorities in matters of regulation of the use or protection of water, air and soil. , the capacity of these resources as receiving means, prioritizing the areas of the country most affected by pollution. To do this, it will compile the information that allows for the progressive elaboration of emissions and concentration inventories in the receiving media, with the support of the institutions that are part of the National Environmental Management System, in order to support, with a scientific basis, the establishment and adaptation technical standards for air, water and soil quality. PROTECTION OF THE ATMOSPHERE Art. 47.- The protection of the atmosphere will be governed by the following basic criteria: a) Ensure that the atmosphere does not exceed the permissible concentration levels of pollutants, established in the technical standards of air quality, related to substances or a combination of these, particles, noise, odors, vibrations, radiation and light disturbances, and from artificial sources , fixed or mobile; ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 21 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ b) Prevent, reduce or gradually eliminate polluting emissions into the atmosphere for the benefit of human health and well-being and the environment; Y, c) The Ministry, with the support of the National Environmental Management System, will prepare and will coordinate the execution of national plans for climate change and the protection of the ozone layer, which facilitate the fulfillment of the international commitments ratified by El Salvador. WATER RESOURCE PROTECTION Art. 48.- The Ministry will promote the integrated management of hydrographic basins, a special Law will regulate this matter. The Ministry will create a national inter-institutional committee for planning, management and sustainable use of hydrographic basins. It will also promote the integration of local authorities of the same. SUPERVISION CRITERIA Art. 49.- The Ministry will be responsible for supervising the availability and quality of water. A special Regulation will contain the technical standards for this purpose, taking into account the following basic criteria: a) Guarantee, with the participation of users, the availability, quantity and quality of water for human consumption and other uses, through the necessary studies and guidelines; b) Ensure that the inhabitants use correct practices in the use and disposal of water resources; c) Ensure that the quality of the water is maintained within the levels established in the technical standards of environmental quality; d) Guarantee that all discharges of polluting substances are previously treated by whoever caused them; Y, and) Ensure that in all wastewater reuse activities, there is the corresponding environmental permit, in accordance with the provisions of this Law. SOIL PROTECTION Art. 50.- The prevention and control of soil contamination will be governed by the following criteria: a) The Ministry will prepare guidelines for environmental zoning and land use. The central Government and the Municipalities in the formulation of the plans and programs of development and territorial ordering will be obliged to comply with the zoning guidelines when issuing the permits and regulations for the establishment of industries, businesses, housing and services, which imply risks to the health, human welfare or the environment; ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 22 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ b) The inhabitants must use correct practices in the generation, reuse, storage, transportation, treatment and final disposal of domestic, industrial and agricultural waste; c) The Ministry will promote integrated pest management and the use of natural fertilizers, fungicides and pesticides in agricultural activity, which maintain the balance of ecosystems, in order to achieve the gradual substitution of agrochemicals for natural bioecological products; Y, d) The Ministry in compliance with this Law and its Regulations will monitor and ensure that the use of agrochemicals produces the least impact on the balance of ecosystems. A special Law will contain the list of agrochemical products and substances for industrial use whose use will be prohibited. PROTECTION OF THE COASTAL - MARINE ENVIRONMENT Art. 51.- To prevent pollution of the coastal-marine environment, the following measures will be adopted: a) The Ministry, in accordance with this Law and its Regulations, will prevent and control spills and dumping of waste, resulting from operational activities of ships and vessels; and of any polluting substance; b) The Ministry, in coordination with the competent authorities, will prepare the guidelines related to the management of waste originating in port, industrial, maritime facilities, tourist infrastructure, fishing, aquaculture, transportation and human settlements; Y, c) The Ministry, in accordance with this Law and its Regulations, will issue guidelines in relation to the use of wastewater treatment systems, coming from the urbanizations and industries that are developed in the coastal-marine zone. Any activity, work or project that involves the risk of discharge of pollutants in the coastal-marine zone, must obtain the corresponding environmental permit. POLLUTION AND FINAL DISPOSAL OF SOLID WASTE Art. 52.- The Ministry will promote, in coordination with the Ministry of Public Health and Social Assistance, Municipal Governments and other organizations of society and the business sector, the Regulation and programs for reduction at the source, recycling, reuse and adequate final disposal of solid waste. For the above, a national program for the comprehensive management of solid waste will be formulated and approved, which will incorporate the selection criteria of the sites for their final disposal. CHAPTER IV CONTINGENCIES, EMERGENCIES AND ENVIRONMENTAL DISASTERS ENVIRONMENTAL DISASTER PREVENTION Art. 53.- The State and its institutions have the duty to adopt measures to prevent, avoid and control environmental disasters. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 23 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ EMERGENCIES AND ENVIRONMENTAL DISASTERS Art. 54.- Faced with the imminence or occurrence of an environmental disaster, the Executive Branch will declare a state of environmental emergency for as long as the situation and its consequences persist, covering the entire affected area, adopting aid, assistance, and mobilization measures. of human and financial resources, among others, to support the affected populations and try to mitigate the deterioration caused. OBLIGATION TO DEVELOP ENVIRONMENTAL PREVENTION AND CONTINGENCY PLANS Art. 55. - The Ministry, in coordination with the National Emergency Committee, will prepare the National Prevention and Environmental Contingency Plan, the latter being the one that will execute it. The Plan will emphasize fragile or high-risk areas, according to a National Map of Environmental Risk that will be prepared by the Ministry with the support of specialized institutions. Public or private institutions that carry out hazardous processes or handle hazardous substances or waste, or are located in high-risk areas, which are already defined in the Map established in the previous paragraph, are required to incorporate the National Prevention and Contingency Plan. Environmental in institutional prevention and contingency plans in their specific areas and sectors of action and performance. In the case of private institutions, they must pay a bond that guarantees the establishment of their Institutional Prevention and Contingency Plan, incurring in administrative responsibility whoever has the obligation and does not prepare said plan. In order to obtain the corresponding environmental permit, interested companies must establish its Institutional Prevention and Contingency Plan. CHAPTER V ENVIRONMENTAL RISKS AND HAZARDOUS MATERIALS ENVIRONMENTAL RISKS AND HAZARDOUS MATERIALS Art. 56.- The Ministry will qualify the activities of environmental risk according to this Law and its Regulatory Provisions. INTRODUCTION, TRANSIT, DISTRIBUTION AND STORAGE OF SUBSTANCES DANGEROUS Art. 57. - The introduction, transit, distribution and storage of dangerous substances will be authorized by the Ministry, in coordination with the Ministry of Public Health and Social Assistance, the Ministry of Economy and the Superior Council of Public Health; a special regulation will regulate the procedure for this matter. HAZARDOUS WASTE Art. 58.- The Ministry, in coordination with the Ministry of Public Health and Social Assistance, Economy and the municipalities, in accordance with the relevant Laws and Regulations of the same, will regulate the management, storage and final disposal of hazardous waste produced in the country. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 24 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ PROHIBITION OF INTRODUCING HAZARDOUS WASTE Art. 59.- The introduction into the national territory of hazardous waste, as well as its transit, release and storage, is prohibited. POLLUTION BY SUBSTANCES, RESIDUES AND HAZARDOUS WASTE Art. 60.- Any natural or legal person that uses, generates, collects, stores, reuses, recycles, markets, transports, treats or makes final disposal of hazardous substances, residues and waste, must obtain the corresponding environmental permit, in accordance with what is established in this Law. PART II SPECIAL PROVISIONS TITLE VI NATURAL RESOURCES SINGLE CHAPTER COMMON PROVISIONS INCORPORATION OF NATURAL RESOURCES IN NATIONAL ACCOUNTS Art. 61.- It will correspond to the Ministries of Finance, Economy and the Central Reserve Bank, in coordination with the Environment and Natural Resources, to assign an economic value to natural resources and include them in the national accounts. PERMITS FOR THE USE OF NATURAL RESOURCES Art. 62.- When the Ministry grants environmental licenses or permits for the sustainable use and exploitation of a natural resource, the measures to prevent, minimize, correct or adequately compensate the environmental impact will be taken into account. In the environmental permit for the use of natural resources, the specific provisions for the protection of the environment must be included. CONCESSION REQUIREMENT Art. 63.- The Ministry will require the interested party, the concession issued by the competent authority, prior to the granting of environmental permits for the use and exploitation of natural resources. REVOCATION OF ENVIRONMENTAL PERMITS FOR THE USE OF RESOURCES Art. 64.- They are causes for revocation of environmental permits for the use of resources natural the following: a) The refusal of the holder of the environmental permit to comply with the conditions established in it; and, (SEE AUTHENTIC INTERPRETATION) b) The violation of the technical standards of environmental quality and those of rational and sustainable use of the resource. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 25 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ TITLE VI-TWICE ADAPTATION TO CLIMATE CHANGE (2) SINGLE CHAPTER FROM ADAPTATION TO CLIMATE CHANGE (2) INSTITUTIONAL STRENGTHENING AND SOCIAL RESPONSIBILITY (2) Art. 64-A.- THE STATE, THROUGH THE CENTRAL GOVERNMENT, DECENTRALIZED, AUTONOMOUS, SEMIAUTONOMOUS AND MUNICIPAL ENTITIES, SHALL ADOPT THE NECESSARY REGULATIONS TO STUDY, INVESTIGATE, PREVENT, PLAN AND RESPOND IN AN URGENT, ADEQUATE, COORDINATED AND SUSTAINED MANNER TO THE IMPACTS NEGATIVES OF CLIMATE CHANGE. LIKEWISE, EVERY NATURAL OR LEGAL PERSON, ESPECIALLY THE PRIVATE SECTOR AND ORGANIZED CIVIL SOCIETY, SHALL ADOPT PRACTICES THAT PROVIDE CONDITIONS TO REDUCE VULNERABILITY, IMPROVE FORCED ADAPTATION CAPACITIES AND ALLOW THE DEVELOPMENT OF PARTICIPATORY PROPOSALS TO MITIGATE THE ADVERSE EFFECTS OF CLIMATE CHANGE. (two) INCORPORATION IN THE NATIONAL ENVIRONMENTAL POLICY (2) Art. 64-B.- THE MINISTRY SHALL INCORPORATE ADAPTATION TO CLIMATE CHANGE WITHIN THE NATIONAL ENVIRONMENTAL POLICY, AS A CROSS-CUTTING AXIS AND OF SPECIAL ATTENTION. (two) ANTICIPATED AND PLANNED ADAPTATION (2) Art. 64-C.- THE ADAPTATION OF HUMAN SYSTEMS TO CLIMATE CHANGE WILL BE ANTICIPATED AND PLANNED, FOR THIS THE MINISTRY: a) IN COORDINATION WITH SINAMA THEY WILL ELABORATE THE REGULATORY RULES, NECESSARY TECHNICAL GUIDELINES, GUIDELINES AND INSTITUTIONAL GUIDES FOR THE PROCESS OF CREATION AND PROMOTION OF INSTITUTIONAL CAPACITIES AND REDUCING VULNERABILITY TO FACE ADAPTATION TO CHANGE CLIMATE IN A PLANNED MANNER AND PREFERABLY BEFORE THE EVENT BE MANIFESTED; b) WILL IDENTIFY, EVALUATE AND SELECT ADAPTATION OPTIONS TO THE CLIMATE CHANGE ASSESSING RISK AND PRIORITIZING THE CAPACITY TO LOAD OR RESILIENCE OF ECOSYSTEMS, POTENTIAL IMPACTS, CONDITIONS OF VULNERABILITY, COSTS, EFFECTIVENESS, EFFICIENCY AND VIABILITY OF EACH OF THEY; c) LEAD THE RESEARCH, PROMOTION, DEVELOPMENT AND INCREASE OF THE USE OF TECHNOLOGIES THAT REDUCE THE EMISSION OF GREENHOUSE GASES AND SEQUESTRATION OF CARBON DIOXIDE, PROMOTING ADVANCED TECHNOLOGIES OR INNOVATIVE THAT ARE REAL, QUANTITATIVE AND ECOLOGICALLY SUSTAINABLE; d) IN COORDINATION WITH THE COMPETENT INSTITUTIONS WILL IMPLEMENT THE SYSTEMATIC AND PROGRESSIVE DEVELOPMENT OF AN ENERGY MATRIX BASED ON SUSTAINABLE AND NON-POLLUTING RENEWABLE ENERGIES; Y, e) OTHERS ASSIGNED IN THIS LAW, REGULATIONS AND LAWS ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 26 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ SPECIALS. (two) NATIONAL CLIMATE CHANGE PLAN (2) Art. 64-D.- THE NATIONAL CLIMATE CHANGE PLAN IS THE FRAMEWORK FOR INTERINSTITUTIONAL COORDINATION OF THE PUBLIC AND INTERSECTORAL ADMINISTRATION IN THE ASSESSMENT OF POLICIES, IMPACTS, VULNERABILITY OF THE DIFFERENT SECTORS AND SYSTEMS IN THE FACE OF ADAPTATION TO CLIMATE CHANGE. THE NATIONAL CLIMATE CHANGE PLAN WILL HAVE THE FOLLOWING OBJECTIVES: a) ACHIEVE INTEGRATION IN THE MATTER OF ADAPTATION TO CLIMATE CHANGE FOR THE PLANNING AND MANAGEMENT OF SOCIOECONOMIC AND NATIONAL ECOLOGICAL SYSTEMS; b) ENCOURAGE AND PROMOTE PARTICIPATORY PROCESSES IN ALL SECTORS INVOLVED IN THE DIFFERENT SECTORS AND SYSTEMS, TENDERING TO THE IDENTIFICATION OF THE BEST ADAPTATION AND MITIGATION OPTIONS TO CLIMATE CHANGE WITHIN SECTORAL POLICIES; c) CREATE AN UNINTERRUPTED PROCESS OF GENERATION OF KNOWLEDGE AND CAPACITY STRENGTHENING, APPLYING THEM TO THE ADAPTATION OF THE CLIMATE CHANGE; d) DEVELOP AND APPLY METHODS AND/OR TOOLS FOR THE EVALUATION OF IMPACTS, VULNERABILITIES AND BETTER ADAPTATION TO CLIMATE CHANGE, IN EACH SOCIOECONOMIC SECTOR AND ECOLOGICAL SYSTEM AFFECTED; e) DEVELOP REGIONAL, NATIONAL AND REGIONAL CLIMATE SCENARIOS SPECIFIC GEOGRAPHICAL REGIONS AND THEIR LINES OF ACTION; Y, f) IMPLEMENT AWARENESS AND INFORMATION CAMPAIGNS FOR ADAPTATION TO CLIMATE CHANGE. (two) OF THE APPROVAL OF THE NATIONAL PLAN (2) Art. 64-E.- THE MINISTRY WITH THE SUPPORT OF THE NATIONAL ENVIRONMENTAL MANAGEMENT SYSTEM ENVIRONMENT, THEY WILL ELABORATE THE NATIONAL CLIMATE CHANGE PLAN EVERY FIVE YEARS. EVERY NATIONAL PLAN MUST BE SUBMITTED TO THE PUBLIC CONSULTATION PROCESS REGARDING ENVIRONMENTAL MANAGEMENT REGULATED BY THIS LAW. (two) CLIMATE SCENARIOS (2) Art. 64-F.- THE MINISTRY WILL DEVELOP FUTURE CLIMATE SIMULATION MODELS FOR THE DIFFERENT SECTORS AND SYSTEMS, WITH THE PURPOSE OF BUILDING REGIONAL, NATIONAL AND SPECIFIC GEOGRAPHICAL CLIMATE SCENARIOS, WHICH ALLOW A BETTER REPRESENTATION OF FUTURE CLIMATE CONDITIONS, TO REDUCE UNCERTAINTY, VULNERABILITY AND PLAN FOR FORMS OF ADAPTATION FOR THE DIFFERENT ECOSYSTEMS. THE CLIMATE SCENARIOS WILL BE DEVELOPED CONSIDERING GENERAL ASPECTS WITH THE PURPOSE OF BEING COMPARED WITH OTHER STUDIES. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 27 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ THE CLIMATE SCENARIOS WILL BE INCORPORATED IN THE DIFFERENT ECOSYSTEM MODELS, PRIORITIZING HUMAN HEALTH, BIODIVERSITY, WATER AND COASTAL MARINE RESOURCES, FORESTS, AGRICULTURAL SECTOR, AQUACULTURE, SOIL, TRANSPORTATION, INDUSTRY, ENERGY, TOURISM, URBAN PLANNING AND CONSTRUCTION. (two) MONITORING REPORTS (2) Art. 64-G.- APPROVED THE NATIONAL CLIMATE CHANGE PLAN, THE MINISTRY SHALL PREPARE A MONITORING REPORT EVERY TWO YEARS, SUMMARIZING THE ACHIEVEMENTS, OBSTACLES AND PROPOSALS IN ITS IMPLEMENTATION AND IN EACH OF THE EVALUATED STRATEGIC AREAS, CONSIDERING THE STRENGTHENING OF CAPACITIES AND THE CLIMATE, TECHNOLOGICAL AND FINANCIAL ASPECTS. (two) TITLE VII RENEWABLE NATURAL RESOURCES CHAPTER I SUSTAINABLE USE USE AND PROMOTION OF RENEWABLE NATURAL RESOURCES Art. 65.- The use and exploitation of renewable natural resources must ensure its sustainability, its quantity and quality, adequately protecting the ecosystems to which they belong. The institutions that have powers to use the same resource must coordinate and make their management compatible with the provisions of this Law and its Regulations to ensure sustainability in the use of said resource. CHAPTER II BIOLOGICAL DIVERSITY ACCESS, PROTECTION AND USE OF BIOLOGICAL DIVERSITY Art. 66.- The access, investigation, manipulation and use of biological diversity, may only be done through a permit, license or concession granted by the authority in charge of managing the resource, to ensure its protection and conservation in accordance with this Law, Special laws and International Agreements ratified by the country. Where appropriate, prior to the granting of permits, licenses or concessions, local communities will be consulted. ACTIONS AND SPECIAL CONSERVATION MEASURES Art. 67.- The State, through the institutions responsible for safeguarding biological diversity, will regulate as a priority the conservation in their place of origin, of the species of singular character and representative of the different ecosystems, the threatened species, in danger or endangered legally declared, and the germplasm of native species. SAFETY STANDARDS ON BIOTECHNOLOGY Art. 68.- The Ministry, with the support of specialized institutions, will apply the safety standards to which the varieties resulting from human action must comply by means of ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 28 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ biotechnology, supervising its use in order to minimize the adverse impact on native biological diversity. NATIONAL BIOLOGICAL DIVERSITY STRATEGY Art. 69.- The Ministry, with the participation of the institutions responsible for safeguarding biological diversity, will formulate the National Strategy for Diversity within a period not exceeding one year from the entry into force of this Law. Biological, which will be updated periodically. For its formulation and execution, the Strategy will integrate all sectors of society. TITLE VIII THE ECOSYSTEMS CHAPTER I WATERS AND AQUATIC ECOSYSTEMS MANAGEMENT AND USE OF WATER AND AQUATIC ECOSYSTEMS Art. 70. - The Ministry will elaborate and propose to the President of the Republic for his approval the necessary Regulations for the management, use, protection and management of waters and ecosystems taking into account the current Legislation and the following criteria: a) Its management will be carried out in conditions that prioritize human consumption, keeping a balance with other natural resources; b) Aquatic ecosystems must be managed taking into account the interrelationships of its elements and the balance with others; c) Actions will be promoted to ensure that the balance of the hydrological cycle does not suffer negative alterations for productivity, the balance of ecosystems, the conservation of the environment, the quality of life and to maintain the climatic regime; d) Ensure the quantity and quality of water, through a system that regulates its different uses; and) Measures will be established for the protection of water resources from the effects of pollution; Y, f) Every concessionaire of a water resource for its exploitation will be responsible for its preservation. PROTECTION OF CHARGING ZONES Art. 71.- The Ministry will identify the aquifer recharge zones and will promote actions that allow their recovery and protection. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 29 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ CHAPTER II COASTAL-MARINE ENVIRONMENT MARINE WATERS AND ITS ECOSYSTEMS MANAGEMENT AND PROTECTION OF COASTAL-MARINE RESOURCES Art. 72.- It is the obligation of the Ministry, in coordination with the Municipal Councils and the competent authorities, protect the natural resources of the coastal-marine zone. POLICY FOR THE USE OF COASTAL-MARINE RESOURCES Art. 73.- The Ministry, in coordination with the competent authorities, will prepare, within a period of one year, counted from the entry into force of this Law, a Policy for the Use of Coastal Marine Resources, and It will propose it to the Council of Ministers for its approval to guide the activities of use and protection of these resources in a sustainable manner. A special regulation will contain the rules and procedures for the conservation of these ecosystems. ESTABLISHMENT OF SPECIAL AREAS Art. 74.- The mangroves and reefs are an ecological reserve, so no alteration will be allowed in them. The coastal-marine zones where these ecosystems are contained will be considered fragile areas. MANAGEMENT OF SOILS AND TERRESTRIAL ECOSYSTEMS Art. 75.- The President of the Republic, at the proposal of the Ministry, will formulate the Regulations related to the management of soils and terrestrial ecosystems, taking into account the following criteria: a) The use of the land and of the terrestrial ecosystems must be compatible with its natural vocation and productive capacity, without altering its balance; b) Practices that cause erosion, soil degradation due to contamination or modification of its topographical and geomorphological characteristics must be avoided; c) Soil conservation and recovery practices must be carried out by those who carry out agricultural, livestock, forestry, mining, urban, infrastructure or other activities that affect or may negatively affect their conditions; d) In the cases of construction of civil works and use of non-renewable natural resources, which may directly or indirectly cause significant deterioration of the soil, the required regeneration and restoration actions must be carried out; Y, and) In aquifer recharge areas and hydrographic basins, priority will be given to the protection of soils, water sources and currents, ensuring that they maintain and increase their basic flows. To comply with the provisions of the preceding paragraphs, the Ministry will promote special training and technology transfer programs, as well as a national plan to combat deforestation, erosion and desertification. SPECIAL MANAGEMENT WITH SOIL PROTECTION MEASURES ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 30 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ Art. 76.- Degraded soils or in danger of degrading, must be subject to special protection, in accordance with the rules established in this Law and its Regulations. CHAPTER III MANAGEMENT AND SUSTAINABLE USE OF FORESTS MANAGEMENT AND SUSTAINABLE USE OF FORESTS Art. 77.- For the management and sustainable use of forests, it must be taken into account the following: a) The Ministry, in coordination with the Ministry of Agriculture and Livestock, in consultation with the relevant institutions and organized sectors, will develop and apply a set of market mechanisms that facilitate and promote reforestation, taking into account the economic value of the forest, in which incorporates, among others, the non-timber use values, the environmental services it provides as a protector of water resources, the soil, biological diversity, energy, carbon fixation from the atmosphere, the production of oxygen and its effects as a climate regulator; Y, b) The Ministry, in coordination with the entities and institutions involved, will prepare a proposal for those forest areas that, due to their value for the conservation of soils, biological diversity and water, must be acquired by the State or included in programs with financing for their conservation. The State, through financing instances, will support forestry technology projects and use of biological diversity. TITLE IX PROTECTED AREAS SINGLE CAPITAL SYSTEM OF NATURAL PROTECTED AREAS SYSTEM CREATION Art. 78.- Create the System of Protected Natural Areas, which will be made up of those areas established as such prior to the entry into force of this Law and those created subsequently. It is the responsibility of the Ministry to ensure the application of the Regulations and to formulate the policies, plans and strategies for the conservation and sustainable management of these areas, to promote and approve plans and strategies for their management and administration and to follow up on their execution. SYSTEM OBJECTIVES Art. 79.- The objectives of the Protected Areas System are the following: a) Preserve the native biotic zones in a natural state, the biological diversity and the ecological processes of regulation of the environment and of the natural genetic patrimony; ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 31 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ b) Provide and promote options for study, technical and scientific research, provide facilities for interpretation and environmental education and opportunities for recreation, leisure and tourism; c) Promote and encourage the conservation, recovery and sustainable use of natural resources; d) Preserve and recover the sources of production of water resources and execute actions that allow effective control to prevent erosion and sedimentation; Y, and) Preserve the provision of environmental services derived from protected areas, such as carbon sequestration, reduction of the greenhouse effect, contribution to climate stabilization and sustainable use of energy. MANAGEMENT PLANS FOR PROTECTED AREAS Art. 80.- The management of all protected areas must be done in accordance with a Management Plan that must have the participation of the population involved and must be prepared by specialists in the field. DELEGATION OF MANAGEMENT OF NATURAL PROTECTED AREAS Art. 81.- The management of protected natural areas will be carried out through the State, which may delegate said function to private sector organizations or autonomous institutions that guarantee compliance with regulations and the execution of the Management Plan. TITLE X NON-RENEWABLE NATURAL RESOURCES SINGLE CHAPTER RATIONAL USE OF NON-RENEWABLE NATURAL RESOURCES REQUIREMENTS FOR THE USE OF NON-RENEWABLE NATURAL RESOURCES Art. 82.- For the rational use of non-renewable natural resources, without prejudice of what is contained in the Laws of the matter, the following will be mandatory: a) Prior to the concession or permit for the exploitation of non-renewable natural resources, the interested party must submit an Environmental Impact Study; b) The concessionaire for the use of these resources is responsible for the emissions, discharges and waste that are produced; c) In fragile areas, exploitation may only be authorized under the restrictions imposed by this Law and other special ones; Y, d) The exploitation of quarries and the extraction of material from the riverbeds of rivers and lakes, lagoons and beaches can only be done through an environmental permit issued by the Ministry. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 32 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ PART III ADMINISTRATIVE, CIVIL AND CRIMINAL LIABILITY TITLE XI PREVENTIVE MEASURES AND ACCESSORY SANCTIONS SINGLE CHAPTER PREVENTIVE MEASURES Art. 83.- The Ministry may adopt at any time, by reasoned agreement, the provisional measures that are necessary to ensure the effectiveness of the resolution that may fall, avoid the maintenance of the effects of the infraction and the foreseeable damage to the environment. environment and ecosystems. Preventive measures must be adjusted to the intensity, proportionality and needs of the objectives that are intended to be guaranteed in each specific case. Preventive measures may be replaced by a bond that guarantees the restoration of the actual or potential damage caused. The Ministry will condemn the offender at the moment of pronouncing the definitive resolution, to repair the damage caused to the environment and if the damage caused is irreversible, it will be condemned to the compensation that may be due for the loss or destruction of natural resources or deterioration of the environment, as well as the compensatory measures essential to restore damaged ecosystems. APPLICATION OF PREVENTIVE MEASURES Art. 84.- The Minister may order ex officio or at the request of the Public Ministry or any person, whether natural or legal, the preventive measures referred to in the previous article in the presence or imminence of serious damage to the environment, or to human health, giving a period of 15 days for the affected person to appear to express his defense. These measures will last as long as the person responsible for the threat of deterioration or deterioration does not eliminate its causes and will be limited to the area, process or product that directly threatens to deteriorate or deteriorate the environment, that endangers or affects human health and quality of life of the population. The Minister must resolve on the continuation or revocation of the preventive measures that have been imposed within a period of ten days counted from the expiration of the term granted to the affected party to express his defense. TITLE XII INFRACTIONS, PENALTIES, CRIMES AND ENVIRONMENTAL RESPONSIBILITY CHAPTER I ADMINISTRATIVE AND CIVIL LIABILITY ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 33 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ LIABILITY FOR POLLUTION AND DAMAGE TO THE ENVIRONMENT Art.85.- Whoever, by action or omission, makes emissions, discharges, disposal or discharge of substances or waste that may affect human health, puts at risk or causes damage to the environment, or affects essential ecological processes or quality of life of the population, will be responsible for the act committed or the omission, and will be obliged to restore the affected environment or ecosystem. If this restoration is impossible, it will indemnify the State and individuals for the damages caused. CHAPTER II ENVIRONMENTAL INFRACTIONS ENVIRONMENTAL INFRACTIONS Art. 86.- They constitute infractions to the present Law, and its Regulation, the actions or omissions committed by natural or legal persons, including the State and the Municipalities the following: a) Initiate activities, works or projects without having obtained the corresponding Environmental Permit; b) Provide false data in environmental impact studies, environmental diagnoses and any other information that has the purpose of obtaining the environmental permit; c) Failure to comply with the obligations contained in the environmental permit; d) Failure to render, in the stipulated terms and periods, the bonds established by this Law; and) Authorize activities, works, projects or concessions that by Law require a Permit Environmental, without having been granted by the Ministry; f) Grant Environmental Permits, knowing that the proponent of the activity, work, project or concession has not complied with the legal requirements for it; g) The refusal of the concessionaire for the use or exploitation of natural resources to prevent, correct or compensate the negative environmental impacts produced by the activity under concession within the periods and terms that have been set for this purpose, taking into account the levels of impacts produced; h) Violate the technical standards of environmental quality and rational and sustainable use of the resource; i) Prevent or hinder the investigation of duly identified employees, belonging to the Ministry or other authority legally empowered to do so, or not provide them with the necessary collaboration to carry out environmental inspections or audits in the activities, plants, works or projects; j) Emit pollutants that violate the permissible levels established by regulation; k) Failure to give timely notice to the competent authority, on spillage of substances, products, residues or hazardous waste, or contaminants, that endanger life and human integrity; Y, l) Failure to comply with the other obligations imposed by this Law. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 34 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ CLASSIFICATION OF ENVIRONMENTAL INFRACTIONS Art. 87.- Environmental infractions are classified as less serious and serious, taking into account the damage caused to the environment, natural resources or human health. a) Less serious infractions are those foreseen in literals d); g); j); k) and l) of Article 86; Y, b) They are serious infractions, the others described in the same Art. 86. APPLICATION OF SANCTIONS Art. 88.- The sanctions for the infractions established in this Law, will be applied by the Ministry, prior compliance with due legal process. The Minister may delegate the instruction of the procedure to officials of his dependency. SETTING THE FINES Art. 89.- The fines will be established in monthly minimum wages, each monthly minimum wage equaling thirty urban daily minimum wages in force for the city of San Salvador. *INCISE DECLARED UNCONSTITUTIONAL Less serious infractions will be sanctioned from two to one hundred monthly minimum wages; and the serious, from one hundred and one to five thousand monthly minimum wages. *SECTION DECLARED UNCONSTITUTIONAL It will correspond to the sanctioning authority to qualify the infraction. administrative sanctions they do not exonerate the sanctioned person from the criminal responsibility that he incurs. PROPORTIONALITY AND BASIS OF SANCTIONS Art. 90.- In the imposition of the administrative sanctions regulated and established in this Law, the principle of proportionality will be applied in the infraction and the sanction, taking into account the following circumstances: a) The seriousness of the damage caused to the environment, to the health or quality of life of people; b) The actions that the infringer took to repair the damage caused; c) The benefit obtained by the infringer; d) The economic capacity of the offender; Y, and) The reiteration in the violation of this Law and its Regulations. TITLE XIII PROCEDURES CHAPTER I ADMINISTRATIVE SANCTION PROCEDURE ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 35 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ START OF THE PROCEDURE Art. 91.- The sanctioning administrative procedure will be initiated ex officio, by complaint or by Notice to the Ministry. When the National Civil Police, Municipal Councils, the Office of the Attorney General of the Republic or the Office of the Attorney General for the Defense of Human Rights become aware of an environmental infraction by any means, they will proceed immediately to inspect the place or places where the infraction was committed. The Inspection Act that is drawn up for this purpose, will constitute proof of the commission of the same. The innocence of the alleged offender is presumed throughout the sanctioning procedure. PREVIOUS ACTIONS Art. 92.- Prior to the initiation of the sanctioning procedure, prior actions may be carried out by officials of the Ministry with the competence to investigate, ascertain, and inspect environmental matters, with the purpose of determining, on a preliminary basis, the concurrence of circumstances that justify it. INSTRUCTION AND SUBSTANCE OF THE PROCEDURE Art. 93.- The investigation of the procedure will be ordered by reasoned resolution, which indicates, at least, the following: a) The official who orders the instruction with expression of place and date of the resolution; b) Appointment of the instructor of the procedure, who will act by delegation and of the secretary of proceedings who will also have the powers of notifier; c) Brief statement of the facts that justify the investigation, the type of infraction that constitutes and the sanction that may correspond; d) Indication of the right to view the proceedings, to allege and invoke the Laws and other legal reasons that justify what has been done by the alleged offender, to provide exculpatory evidence, to make use of the hearing and the other guarantees that make up due process legal; Y, and) Provisional measures that have been adopted. The resolution that orders the investigation will be notified to the alleged offender observing the formalities established in subsection 3 of article 220 of the Code of Civil Procedures. In the act of notification, a copy of the Minutes that is drawn up for this purpose and of the previous actions, if any, will be delivered. The accused will have a period of fifteen days, counting from the day after the notification mentioned in the previous paragraph, to submit the allegations, documents and information that they deem appropriate and will propose the means of evidence that they intend to assert and will point out the facts that they intend to prove. . Once the period for pleadings has elapsed, the procedure will be open to evidence for a period of ten business days. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 36 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ ASSESSMENT OF THE TEST Art. 94.- The reports of the environmental officials constitute evidence. The test will be evaluated in accordance with the rules of healthy criticism. MOTIVATION OF THE RESOLUTION Art. 95.- The resolution that decides the appropriateness or inappropriateness of the sanctions administrative proceedings will be duly motivated and will resolve all issues raised by the parties. VALUE OF DAMAGE TO THE ENVIRONMENT Art. 96.- Whenever an administrative sanction is imposed, the offender will be ordered to restore, restitute or repair the damage caused to the environment, granting him a reasonable period of time to do so. In case of non- compliance, experts appointed by the Ministry will proceed to determine the value of the investment that must be allocated to such objectives. The certification of the value and the resolution that orders the restoration, restitution or repair of the damage will have enforceable force against the offender. APPEAL FOR REVIEW Art. 97. - Any resolution pronounced in the administrative phase will admit the appeal for review, which will be heard and resolved by the Minister with a view of the records within a period of ten business days. The term to file it will be five business days from the notification and will be optional for the purposes of the Contentious-Administrative action. MINIMUM PENALTY Art. 98. - In any stage of the procedure, the alleged offender may recognize that he has committed the offense attributed to him and if he restores or repairs the damage caused to the environment and compensates the individuals who have suffered damages, the sanction will be imposed. minimal. CHAPTER II JUDICIAL PROCEDEMENT SECTION I JURISDICTION AND COMPETENCE (1) ENVIRONMENTAL JURISDICTION Art. 99.- THE ENVIRONMENTAL JURISDICTION TO KNOW AND RESOLVE ACTIONS THROUGH WHICH CIVIL LIABILITY IS DERIVED FROM ACTS THAT ATTEMPT AGAINST THE ENVIRONMENT CORRESPOND TO: a) THE ENVIRONMENTAL COURTS OF FIRST INSTANCE; Y, b) THE ENVIRONMENTAL CAMERAS OF SECOND INSTANCE WITH SEATS IN THE CITY OF SAN SALVADOR, SANTA ANA AND SAN MIGUEL, SO THAT THEY KNOW TO THE DEGREE OF APPEAL OF THE JUDGMENTS AND THE ORDERS THAT, IN THE ENVIRONMENTAL COURTS OF FIRST INSTANCE, END THE PROCESS, AS WELL AS THE RESOLUTIONS THAT ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 37 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ THE LAW EXPRESSLY STATES. THEY WILL ALSO KNOW IN FIRST INSTANCE THE CLAIMS THAT ARE JOINTLY BROUGHT AGAINST PUBLIC OFFICIALS AND THE STATE, IN ITS CAPACITY AS SUBSIDIARY GUARANTOR. (1) SECTION II ACTION AND CIVIL LIABILITY CIVIL LIABILITY Art. 100.- The State, decentralized entities and any natural or legal person that by action or omission deteriorates the environment, is obliged to repair the damages caused. Whenever possible, it must restore damaged ecosystems or carry out compensatory actions in cases where the damage is irreversible. WHEN IT IS A LEGAL PERSON, IT IS LEGALLY PRESUMED THAT THE ACTS OF ITS ADMINISTRATORS, EMPLOYEES AND COMPANIES WITH WHICH THEY HAVE CONTRACTUAL RELATIONS, HAVE BEEN CARRIED OUT BY THEIR ORDER AND MANDATE; CONSEQUENTLY, THEY SHALL BE SOLIDARILY RESPONSIBLE FOR THE ENVIRONMENTAL DAMAGE CAUSED. (1) Contractors and subcontractors are also jointly and severally liable. In the case of acts of public officials and employees, they will respond directly and mainly; and, the State in a subsidiary manner. EXERCISE OF CIVIL ACTION Art. 101.- CIVIL ACTION MAY BE BROUGHT BY NATURAL OR LEGAL PERSONS WHO HAVE SUFFERED INJURIES DERIVED FROM ENVIRONMENTAL DAMAGE. THE STATE, THE MUNICIPALITIES, THE PUBLIC MINISTRY AND THE OFFICIAL INSTITUTIONS AUTONOMOUS, THEY WILL BE OBLIGATED TO SUE WHEN THERE IS ENVIRONMENTAL DAMAGE. NATURAL PERSONS, EITHER INDIVIDUALLY OR COLLECTIVELY, WHO CONSIDER THEMSELVES AFFECTED MAY INTERVENE ACCORDING TO COMMON LAW OR BE REPRESENTED BY THE ATTORNEY GENERAL'S OFFICE OF THE REPUBLIC, WHO WILL BE OBLIGATED TO ATTEND COMPLAINTS ABOUT ENVIRONMENTAL DAMAGE AT THE TIME THEY HAVE. KNOWLEDGE. (1) OF THE PROCEDURE (1) Art. 102.- THE CIVIL ACTION CONTEMPLATED IN THIS LAW WILL BE PROCESSED BY GENERAL RULE, IN A COMMON DECLARATIVE PROCESS, IN THE MANNER PROVIDED FOR IN THE CIVIL AND COMMERCIAL PROCEDURAL CODE, WITH FULL RESPECT FOR THE CONSTITUTIONAL RIGHTS OF HEARING AND DEFENSE. WHEN IT IS ABOUT THE VALUE OF DAMAGES INDICATED IN THE SECOND PARAGRAPH OF THE ARTICLE 96 OF THIS LAW, IT WILL BE PROCESSED IN THE EXECUTIVE PROCESS OR THE SETTLEMENT OF DAMAGES, IN THE FORM ESTABLISHED IN THE CIVIL PROCEDURAL CODE AND TRADE. THE CIVIL ACTION CONTEMPLATED IN THE FIRST SUBSECTION OF ARTICLE 43 OF THE CODE CRIMINAL PROCESS MAY BE PROCESSED IN THE ENVIRONMENTAL COURTS WHEN THERE IS NO ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 38 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ ASSESSMENT OF THE DAMAGES, IN ORDER TO QUANTIFY THEM AND CONTINUE WITH THE EXECUTION OF THE JUDGMENT. EVERY PROCESS WILL BEGIN WITH THE WRITTEN OR VERBAL DEMAND; IN THE LAST CASE, THE JUDGE WILL ORDER THAT IT BE SENT IN THE RECORD, WHICH MUST OBSERVE THE RELEVANT FORMALITIES. ONCE THE PROCESS HAS BEEN STARTED, IT WILL BE DIRECTED AND PROMOTED OFFICIALLY. (1) OF THE TEST (1) Art. 102-A.- WITHIN THE PROCESS, THE JUDGE SHALL HAVE THE POWER TO COLLECT EX OFFICIO THE EVIDENCE THAT THEY CONSIDER RELEVANT THAT ALLOWS THEM TO ESTABLISH THE EXTENTS OF THE CONTROVERTED FACTS IN THE PROCESS. THE AUTHORITY REPORTS CONSTITUTE EVIDENCE. THE MEANS OF EVIDENCE RECOGNIZED IN THE COMMON LAW, IN ADDITION TO THE TECHNICAL AND SCIENTIFIC MEANS, WILL BE ADMISSIBLE. THE TESTS WILL BE ASSESSED IN ACCORDANCE WITH SOUND CRITICISM. THE ENVIRONMENTAL COURTS SHALL PERFORM THEIR JURISDICTIONAL FUNCTION SUBJECT TO WHAT IS ESTABLISHED IN THE CONSTITUTION, THE INTERNATIONAL TREATIES AND AGREEMENTS, RATIFIED BY EL SALVADOR, THE ENVIRONMENTAL LEGISLATION, JURISPRUDENCE AND THE DOCTRINAL PRINCIPLES OF ENVIRONMENTAL LAW. (1) OF THE LOAD OF PROOF (1) Art. 102-B.- THE BURDEN OF PROOF IN THE ENVIRONMENTAL PROCEDURE WILL CORRESPOND TO THE DEFENDANT. THE JUDGE WILL ORDER THE RELEVANT TECHNICAL STUDIES TO BASE ITS RESOLUTION. (1) PRECAUTIONARY MEASURES (1) Art. 102- C.- PRECAUTIONARY MEASURES MAY BE DECREED BY THE COMPETENT ENVIRONMENTAL JUDGE, OFFICIALLY OR AT THE REQUEST OF A PARTY, AS A PRIOR ACT OR AT ANY STAGE OF THE PROCESS, WHICH MUST BE ADJUSTED TO THE INTENSITY, PROPORTIONALITY AND NEED OF THE OBJECTIVES THAT THEY ARE INTENDED TO GUARANTEE IN EACH SPECIFIC CASE, SUCH MEASURES MAY NOT BE GUARANTEED OR GUARANTEED, AND THE FOLLOWING ASSUMPTIONS MUST BE BASED ON: a) THAT THERE IS A THREAT OR IMMINENCE OF DAMAGE TO THE ENVIRONMENT WHAT MAY OR MAY NOT AFFECT HUMAN HEALTH; b) THAT YOU ARE IN THE PRESENCE OF DAMAGE TO THE ENVIRONMENT, WHICH COULD GENERATING DANGER OR AFFECTING HUMAN HEALTH AND THE QUALITY OF LIFE OF THE POPULATION; Y, c) THAT THERE IS THE NEED TO PREVENT DAMAGE TO PERSONS OR PROPERTY OF THOSE AFFECTED, PROVIDED AND WHEN THESE ARE DERIVED FROM THE ASSUMPTIONS OF THE PREVIOUS LITERALS. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 39 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ WHEN THE REQUEST FOR PRECAUTIONARY MEASURES IS AS AN ACT PRIOR TO THE DEMAND, THE JUDGE SHALL ORDER BY ANY MEANS THE CORROBORATION OF THE FACTS ON WHICH THE REQUEST IS BASED, BEING OBLIGATED TO THE PUBLIC ENTITIES, WITHOUT CHARGE OF ANY KIND OR NATURE, TO MEET THE REQUIREMENTS OF TECHNICAL SUPPORT THAT THE MENTIONED JUDGE FORMULATE FOR THESE PURPOSES. IN THE EVENT THAT THE TECHNICAL REPORT ISSUED BY THE PUBLIC ENTITIES CORROBORATES THE EXTREMES RAISED IN THE REQUEST OF THE PARTY, THE JUDGE SHALL ORDER THE CONTINUITY OF THE SAME AND SHALL HAVE A PERIOD THAT SHALL NOT EXCEED FIVE BUSINESS DAYS TO CERTIFY THE FILE TO THE PROSECUTOR'S OFFICE GENERAL OF THE REPUBLIC, FOR THE PURPOSE OF PROMOTING THE CORRESPONDING ACTION WITHIN A MAXIMUM PERIOD OF FIFTEEN WORKING DAYS. THE JUDGE MAY ORDER PRECAUTIONARY MEASURES SUCH AS THE TOTAL OR PARTIAL SUSPENSION OF THE EVENT, ACTIVITY, WORK OR PROJECT; THE TEMPORARY CLOSURE OF ESTABLISHMENTS AND ANY OTHER NECESSARY TO PROTECT THE ENVIRONMENT AND PEOPLE'S QUALITY OF LIFE. PRECAUTIONARY MEASURES ARE SUBJECT TO PERIODIC REVIEW. THE JUDICIAL AUTHORITY WILL ALWAYS ASSESS, FOR ITS IMPOSITION, REVOCATION OR MAINTENANCE, THEIR PROPORTIONALITY AND THE BALANCE BETWEEN THE LEGAL ASSETS THAT MAY BE IN CONFLICT. IF THE MINISTRY OF THE ENVIRONMENT AND NATURAL RESOURCES HAS ORDERED PREVENTIVE MEASURES BASED ON THE PROVISIONS OF ARTICLES 83 AND 84 OF THE ENVIRONMENTAL LAW AND THEY HAVE NON-COMPLIED, IN ACCORDANCE WITH ARTICLE 42 OF THIS LAW, IT SHALL CERTIFY THE FILE TO THE JUDGE ENVIRONMENTAL, TO START THE RESPECTIVE PROCESS, AND IF IT CONSIDERS NECESSARY, IT WILL ORDER THE PRECAUTIONARY MEASURES OF THE CASE. (1) EFFECTS OF THE FINAL JUDGMENT Art. 103.- THE JUDGE, IN THE FINAL SENTENCE, MUST RESOLVE ON THE CLAIMED CIVIL LIABILITY AND WHATEVER ITS CONSEQUENCE MAY BE, IN ADDITION TO WHAT IS ESTABLISHED IN THE SECOND SUBSECTION OF ARTICLE 100 OF THIS LAW. IN ADDITION, IT MUST PRONOUNCE, WHERE APPROPRIATE, ON THE PRECAUTIONARY MEASURES THAT I WOULD HAVE DECREED. IF THE SENTENCE IS A CONVICTION, THE COURT MUST PRONOUNCE AND ORDER THE GUILTY PARTY TO RESTOR, RESTITUTE OR REPAIR THE DAMAGE CAUSED TO THE ENVIRONMENT, ESTABLISHING A PERIOD FOR DOING IT, BASED ON A TECHNICAL REPORT THAT ESTABLISHES IT. IN THE CASE OF THE FINAL SUBSECTION OF ARTICLE 101, THE FINAL JUDGMENT THAT IS GIVEN WILL HARM OR BENEFIT, AS THE CASE IS, ALL THE MEMBERS OF THE COMMUNITY THAT HAVE BEEN MENTIONED IN THE LAWSUIT. (1) FAILURE TO COMPLY WITH THE FINAL JUDGMENT (1) Art. 103-A.- WHEN THERE IS NON-COMPLIANCE WITH THE FINAL CONVICTION JUDGMENT, THE OFFICIAL JUDGE WILL ORDER THE SEIZURE OF THE ASSETS OF THE CONVICTED. IF IN THE UNCOMPLIED FINAL JUDGMENT IT HAD BEEN ORDERED WHAT IS ESTABLISHED IN THE SECOND SUBSECTION OF ARTICLE 100, THE FUNDS FROM THE EXECUTION OF THE VALUE ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 40 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ FIXED FOR THE ENVIRONMENTAL MEASURES DECREED IN THE FINAL JUDGMENT, THEY SHALL BE EFFECTIVE UNDER THIS LAW AND SHALL BE DEPOSITED IN THE CUSTODY FOREIGN FUNDS ACCOUNT. IF THE STATE DOES IT DIRECTLY, FOR COMPLIANCE WITH WHAT IS ORDERED IN THE SENTENCE, THE ECONOMIC RESPONSIBILITY FOR THE GUILTY PARTY WILL BE THE TOTAL OF WHAT IS DISTRIBUTED BY THE STATE; AS WELL AS AN ADDITIONAL 10% PERCENTAGE ON SAID AMOUNT. THE ECONOMIC LIABILITY REFERRED TO IN THIS LAW SHALL BE DEDUCTED WITHOUT PREJUDICE TO THE CRIMINAL, ADMINISTRATIVE OR OTHER LIABILITY THAT MAY APPLY. (1) APPEAL Art. 104.- The final sentence will be appealable in return effect and will be processed in accordance with the provisions of the Code of Civil Procedures. CHAPTER III CRIMINAL LIABILITY CRIMINAL LIABILITY Art. 105.- Anyone who, as a consequence of infringing the Provisions established in this Law commits a crime, will be punished in accordance with the provisions of the Penal Code. CRIMINAL ACTION Art. 106.- The environmental criminal action is public and its exercise corresponds to the Office of the Attorney General of the Republic, notwithstanding that natural or legal persons may exercise their right of personal action in accordance with the provisions of this Law and the Criminal Procedure Code. TITLE XIV TRANSITIONAL AND FINAL PROVISIONS SINGLE CHAPTER ENVIRONMENTAL DIAGNOSTICS Art. 107.- The owners of public or private activities, works or projects, which are in operation at the time this Law comes into effect, and which, in accordance with Art. 20 of the same, must undergo an environmental impact assessment, are obliged to prepare an environmental diagnosis within a maximum period of two years and submit it to the Ministry for approval. The Ministry may establish shorter terms of up to one year in the cases of activities, works or projects in operation that generate dangerous products or use dangerous processes or generate highly polluting emissions. (SEE AUTHENTIC INTERPRETATION) The diagnosis must be accompanied by its corresponding environmental adaptation program as a requirement for the granting of the respective permit; It must contain the types and levels of contamination and environmental impacts of the activity, work or project in execution. The content, scope and procedures for its preparation will be established in the Regulations of this Law. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 41 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ ENVIRONMENTAL ADAPTATION PROGRAMS Art. 108.- The Environmental Adaptation Program must contain all the measures to reduce pollution levels to attenuate or compensate, as the case may be, the negative impacts on the environment. For the execution of the Environmental Adaptation Program, the owner of an activity, work or The project will have a maximum term of three years. (SEE AUTHENTIC INTERPRETATION) The previous period may be reduced, in the case of activities, works or projects in operation that produce dangerous products or use processes or generate highly polluting emissions. VOLUNTARY ENFORCEMENT PLANS Art. 109.- When, due to the complexity and dimensions of the activity, work or project, which must undergo an Environmental Diagnosis and its corresponding Environmental Adaptation Program, and at the request of the owner, the latter may benefit from a Voluntary Application Plan, which will imply carrying out an Environmental Audit with the results of which the owner will prepare the corresponding Environmental Adaptation Plan with the direction of the Ministry. The term of application of said plan may not exceed two years. SUSPENSION TO OPERATE Art. 110.- The activities, works or projects that are operating and that do not comply with what is established in Art. 107, 108 and 109, will be suspended until they comply with the established legal requirements. ENVIRONMENTAL COMPETENCE Art. 111.- It will correspond to the Courts of First Instance and the Chambers of Second Instance with jurisdiction in civil or mixed matters to know about the infractions committed to this Law and Regulations, while the Courts referred to in Art. 99. FIRST NATIONAL REPORT ON THE ENVIRONMENT Art. 112.- The first national report on the state of the environment referred to in article 31 of this Law, will be prepared by the Ministry and presented to the nation by the President of the Republic within a period not exceeding six months from the effective date of this Law. FIRST ERROR Art. 113.- While the Code of Criminal Procedure, issued by Legislative Decree No. 904, dated December 4, 1996, published in the Official Gazette No. 11, Volume 334, of the twentieth of January 1997, the Justices of the Peace will be competent to collect the first proceedings for environmental crimes committed in their jurisdiction. REGULATION Art. 114.- The President of the Republic will issue the General Regulations of this Law and the special ones established in it, within a period not exceeding one hundred and eighty days, counted from the date of its validity. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 42 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ LAW SPECIALTY Art. 115.- This Law is of a special nature, therefore its regulations shall prevail. over any other that opposes it. VALIDITY Art. 116.- This Law will enter into force eight days after its publication in the Diario Official. GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the second day of the month of March, nineteen hundred and ninety-eight. JUAN DUCH MARTÍNEZ, PRESIDENT. GERSON MARTÍNEZ, CIRO CRUZ ZEPEDA PEÑA, FIRST VICE PRESIDENT. SECOND VICE PRESIDENT. RONAL HEAD, NORMA FAITHIA GUEVARA DE RAMIRIOS THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT. JULIO ANTONIO GAMERO QUINTANILLA, JOSE RAFAEL MACHUCA ZELAYA, FIRST SECRETARY. SECOND SECRETARY. ALFONSO ARÍSTIDES ALVARENGA, GERARDO ANTONIO SUVILLAGA GARCIA, THIRD SECRETARY. FOURTH SECRETARY. ELVIA VIOLETA MENJÍVAR, JORGE ALBERTO VILLACORTA MUÑOZ, FIFTH SECRETARY. SIXTH SECRETARY. PRESIDENTIAL HOUSE: San Salvador, on the twenty-fourth day of April, nineteen ninety-eight. PUBLISH, Armando Calderon Sol, Republic President. Miguel Araujo, Minister of the Environment and Human Resources. D. O. N° 79 Volume No. 339 Date: May 4, 1998 VD/sp 20-11-2018 RENOVATIONS: (1) DL No. 1045, APRIL 12, 2012, DO No. 88, T. 395, MAY 16, 2012. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 43 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ (2) DL No. 158, OCTOBER 11, 2012, DO No. 211, T. 397, NOVEMBER 12, 2012. AUTHENTIC INTERPRETATION: ÿ DL No. 566, OCTOBER 4, 2001, DO No. 198, T. 353, OCTOBER 19, 2001. EXTENSIONS: ÿ THE DEADLINE ESTABLISHED IN ARTICLE 107 IS EXTENDED SO THAT THE HOLDERS OF PUBLIC OR PRIVATE ACTIVITIES, WORKS OR PROJECTS COMPLY WITH THE REQUIREMENTS ESTABLISHED THEREIN. DL Nº 891, APRIL 27, 2000, DO Nº 89, T. 347, MAY 16, 2000. (DUE 05/12/2001) ÿ THE DEADLINE ESTABLISHED IN ARTICLE 107 IS EXTENDED SO THAT THE COUNTRY'S MUNICIPALITIES COMPLY WITH THE REQUIREMENTS ESTABLISHED THEREIN. DL No. 77, JULY 24, 2003, OF No. 158, T. 360, AUGUST 28, 2003. (Expires 08/28/2004) ÿ THE DEADLINE ESTABLISHED IN ARTICLE 107 IS EXTENDED IN ORDER THAT WHEN IT COMES TO WORKS OR PROJECTS WHOSE PURPOSE IS THE FINAL DISPOSAL OF SOLID WASTE, THE COUNTRY'S MUNICIPALITIES MEET THE REQUIREMENTS ESTABLISHED THEREIN. DL Nº 862, NOVEMBER 4, 2005, DO Nº 226, T. 369, DECEMBER 5, 2005. (DUE 12/05/2006) UNCONSTITUTIONALITY: ÿ THE CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF JUSTICE, THROUGH JUDGMENT No. 115-2012, PUBLISHED IN DO No. 167, T. 408, OF SEPTEMBER 14, 2015, DECLARES UNCONSTITUTIONAL ART. 89 IN ITS INC. 1st AND 2nd, REGARDING THE CRIMINAL LEGAL CONSEQUENCE OF A FINE, DUE TO NON-OBSERVANCE OF THE CONSTITUTIONAL PRINCIPLE OF CRIMINAL LEGALITY ART. 15 OF THE CONSTITUTION OF THE REPUBLIC, TO THE EXTENT THAT THE FORWARDING FOR ITS COMPLEMENTATION DOES NOT HAVE ANY EXISTENCE IN EXECUTIVE DECREES N° 103, 104, 105 AND 106 ALL OF 1-VII-2013, PUBLISHED IN THE OFFICIAL GAZETTE N° 119 , VOLUME 400, OF 1-VII-2013. (JQ/16/10/15) TRANSITIONAL PROVISION: ÿ TRANSITORY PROVISIONS ON COMPREHENSIVE WASTE TREATMENT SOLID. DL Nº 237, FEBRUARY 8, 2007, DO Nº 47, T. 374, MARCH 9, 2007. (DUE 09/09/2007) RELATED PROVISIONS: ÿ RELATED PROVISIONS ON CHOICE OF JURISDICTION ENVIRONMENTAL WHICH WILL BE IN CHARGE IN THE FIRST INSTANCE, OF COURTS ENVIRONMENTAL AND SECOND INSTANCE, OF AN ENVIRONMENTAL CHAMBER; THE WHICH WILL HAVE EXCLUSIVE COMPETENCE TO KNOW AND RESOLVE THE CIVIL ACTIONS OF ANY AMOUNT IN WHICH THE ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 44 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ CIVIL LIABILITY DERIVED FROM ACTS THAT ATTENTION, AGAINST THE ENVIRONMENT. DL Nº 684, MAY 22, 2014, DO Nº 105, T. 403, JUNE 9, 2014. REMODELING: DL Nº 576, DECEMBER 20, 2016, DO Nº 240, T. 413, DECEMBER 23, 2016. TRANSITIONAL REFORM: DL Nº 652, APRIL 06, 2017, DO Nº 76, T. 415, APRIL 26, 2017. *NOTE: Extends competence on a transitory basis of the Environmental Chamber of Second Instance based in Santa Tecla, while the Chamber is created of Civil Matters of the Fourth Section of the Center of the aforementioned Municipality and Department, to hear Civil, Commercial and Tenancy Matters, of the following Courts: Civil Court with residence in Santa Tecla; Civil Court with residence in Quezaltepeque, as well as Civil, Commercial and Tenancy Matters processed in the Labor Court of Santa Tecla; Court of First Instance residing in San Juan Opico; Court of First Instance residing in La Libertad, all of them from the Department of La Libertad; Court of First Instance residing in Chalatenango; Court of First Instance residing in Tejutla and Court of First Instance residing in Dulce Nombre de María, the latter from the Department of Chalaten PARTIAL REPEALING OF DL N° 684/14: REPEALS THE DEADLINE ESTABLISHED IN ARTICLES 6 AND 7 AND GRANT A NEW DEADLINE THAT EXPIRES ON 12/31/2015, ACCORDING TO THE EXTENSION ESTABLISHED IN THIS DECREE. DL No. 8, MAY 28, 2015, DO No. 108, T. 407, JUNE 16, 2015. (DUE 12/31/2015) PARTIAL REPEALING OF DL N° 8/15: PARTIALLY REPEALS ART. 2, REGARDING THE DEADLINE FOR THE CREATION OF THE SECOND INSTANCE ENVIRONMENTAL CHAMBER WITH HEADQUARTERS IN SAN SALVADOR, AND EXTENDING THE COMPETENCE OF THE THIRD CIVIL CHAMBER OF THE FIRST SECTION OF THE CENTER. DL No. 172, NOVEMBER 12, 2015; DO No. 217, T. 409, NOVEMBER 25, 2015. (DUE 12/31/2016) TRANSITIONAL PROVISIONS TO DL N° 172/15: TEMPORARY PROVISION TO EXTEND THE CREATION OF THE ENVIRONMENTAL COURT WITH HEADQUARTERS IN SANTA ANA AND THE ENTRY INTO FUNCTIONING OF THE ENVIRONMENTAL COURT WITH HEADQUARTERS IN SAN MIGUEL. DL No. 215, DECEMBER 10, 2015; DO No. 235, T. 409, DECEMBER 21, 2015. (DUE 07/01/2016) TRANSITIONAL PROVISIONS TO EXPAND THE CREATION OF THE ENVIRONMENTAL COURT WITH HEADQUARTERS IN SANTA ANA, AS WELL AS THE ENTRY IN FUNCTIONING OF THE ENVIRONMENTAL COURT WITH HEADQUARTERS IN SAN MIGUEL. DL No. 535, NOVEMBER 17, 2016; DO No. 232, T. 413, DECEMBER 13, 2016. (DUE 03/01/2017) TRANSITIONAL PROVISIONS TO EXTEND THE CREATION OF THE ENVIRONMENTAL CHAMBER OF SECOND INSTANCE WITH HEADQUARTERS IN SAN SALVADOR. DL No. 574, DECEMBER 20, 2016; DO No. 240, T. 413, DECEMBER 23, 2016. (DUE 03/01/2017) VD 21/11/18 VD 3/12/18 VD 3/01/19 VD ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google 45 LEGISLATIVE ASSEMBLY - REPUBLIC OF EL SALVADOR ____________________________________________________________________ 14/01/19 VD 24/01/19 VD 29/01/19 VD 31/01/19 VD 18/02/19 VD 18/02/19 VD 21/02/19 VD 21/02/19 VD 05/03/19 VD 05/03/19 VD 14/03/19 VD 14/03/19 VD 14/03/19 ___________________________________________________________________ LEGISLATIVE INDEX