Machine Translated by Google Machine Translated by Google DOMINICAN REPUBLIC LEY GENERAL ABOUT ENVIRONMENT AND NATURAL RESOURCES (64-00) Official Publication Santo Domingo, Dominican Republic 2000 Machine Translated by Google LEYGENERAL ABOUT ENVIRONMENT AND NATURAL RESOURCES Second edition Design: Lourdes Saleme and Associates Printing: Publisher Owl Santo Domingo Dominican Republic II Machine Translated by Google CONTENTS Title I OF THE FUNDAMENTAL PRINCIPLES, OBJECTIVES AND BASIC DEFINITIONS 13 Chapter I OF THE FUNDAMENTAL PRINCIPLES 13 Chapter II OF THE OBJECTIVES 15 Chapter III BASIC DEFINITIONS 16 Chapter IV OF THE SECRETARIAT OF STATE ENVIRONMENT AND NATURAL RESOURCES 25 Section I OF THE CREATION, OBJECTIVES AND FUNCTIONS OF THE SECRETARIAT 25 Section II OF THE BASIC STRUCTURE OF THE SECRETARIAT OF STATE ENVIRONMENT AND NATURAL RESOURCES _ 31 Section III REORGANIZATION OF PUBLIC BODIES BELONGING TO THE ENVIRONMENTAL SECTOR AND NATURAL RESOURCES 32 Section IV OF THE SI SST EMA HAS GOOD MANAGEMENT AND NATURAL RESOURCES 34 Title II OF THE INSTRUMENTS FOR THE MANAGEMENT OF THE ENVIRONMENT AND NATURAL RESOURCES 36 Chapter I OF THE INCORPORATION OF THE DIMENSION ENVIRONMENTAL PLANNING 37 Chapter II DELORDENAMIENTO DELTERRITORIO 38 Chapter III THE NATIONAL SYSTEM OF PROTECTED AREAS 39 Chapter IV ENVIRONMENTAL ASSESSMENT 47 Chapter V OF THE AN ATIONAL INFORMATION SYSTEM OF THE ENVIRONMENT AND NATURAL RESOURCES 54 Chapter VI LAW IGILANCIAE ENVIRONMENTAL INSPECTION TA LES 55 Chapter VII ON ENVIRONMENTAL EDUCATION AND DISSEMINATION 56 Chapter VIII SCIENTIFIC AND TECHNOLOGICAL RESEARCH 57 Chapter IX INCENTIVES 58 Chapter X OF THE FUNDS OF THE SECRETARIAT OF STATE OF ENVIRONMENT AND NATURAL RESOURCES 60 Chapter XI ON ENVIRONMENTAL EMERGENCIES AND DECLARATION OF AREAS UNDER ENVIRONMENTAL RISK 62 III Machine Translated by Google Title III OF PROTECTION AND QUALITY ENVIROMENT 64 Chapter I GENERAL RULES 64 Chapter II OF WATER POLLUTION 66 Chapter III SOIL POLLUTION 68 Chapter IV ATMOSPHERIC POLLUTION 69 Chapter V OF THE ELEMENTS, SUBSTANCES AND HAZARDOUS PRODUCTS 70 Chapter VI GARBAGE AND DOMESTIC WASTE AND MUNICIPAL 73 Chapter VII HUMAN SETTLEMENTS AND NOISE POLLUTION 74 Title IV OF NATURAL RESOURCES 77 Chapter I OF THE COMMON RULES 77 Chapter II OF THE SOILS 78 Chapter III WATERS 80 Chapter IV BIOLOGICAL DIVERSITY 82 Chapter V OF COASTAL AND MARINE RESOURCES 85 Chapter VI FORESTS 89 Chapter VII CAVES, CAVERNS AND THE UNDERGROUND ENVIRONMENT 91 Chapter VIII MINING RESOURCES 92 Title V OF THE COMPETENCES, RESPONSIBILITY AND SANCTIONS IN ADMINISTRATIVE MATTERS AND JUDICIAL 94 Chapter I OF LAPROCURADURÍA PARALADEFENSADELMEDIO ENVIRONMENT AND NATURAL RESOURCES 94 Chapter II OF THE COMPETENCIES AND ADMINISTRATIVE SANCTIONS 95 Chapter III CIVIL LIABILITY 96 Chapter IV CRIMES AGAINST THE ENVIRONMENT AND NATURAL RESOURCES 98 Chapter V OF JUDICIAL COMPETENCE 100 Chapter VI ON CRIMINAL SANCTIONS 102 Title VI GENERAL AND FINAL PROVISIONS 107 Chapter I GENERAL DISPOSITION 107 IV Machine Translated by Google LEY GENERAL ABOUT ENVIRONMENT AND RESOURCES NATURAL WHEREAS: Being the environment and natural resources a set of common goods and essential for society, it is duty and responsibility of the State and its institutions, including municipal governments, and to each citizen, take care that exhaust, deteriorate or degrade, so that they can be used rationally and enjoyed by present and future generations; WHEREAS: It is necessary to maintain the harmony between human beings and their environment and prevent, remedy, correct or eliminate situations that harm natural resources and the biosphere; WHEREAS: That it is of vital importance the protection, conservation and sustainable use of the various ecosystems that make up the natural heritage and culture of the Dominican nation and of the native, endemic and migratory species of flora and fauna, which are a fundamental part of them; WHEREAS: That the natural resources and biological diversity are the basis for the sustenance of Machine Translated by Google present and future generations, for which it is urgent that the Dominican State apply an environment and natural resources policy that guarantees sustainable development; CONSIDERING: That our territory presents, due to its insular condition, its geomorphological features and its biological diversity, unique ecosystems, some of which show fragility, deterioration and threats that endanger their integrity; WHEREAS: That the rational use of natural resources by carrying out a general land use plan is a guarantee of harmonious development and environmental conservation; WHEREAS: That the intense and constant deforestation to which the national forests have been subjected, the consequent aridization, the depletion of water sources and the alteration of their quality threaten the stability and survival of the Dominican nation; WHEREAS: That the continuous and massive emission of pollutants into the atmosphere, the discharge of liquid substances, the emission of toxic solid particles from industrial, mining, agricultural, tourist and urban, among others, degrade the environment and negatively affect the health and quality of life of the human population and wildlife; WHEREAS: It is the mission of the State to promote and regulate research on the conditions of the environment, natural resources and biological diversity; CONSIDERING: That the preparation, adoption and implementation of emission limits and quality control standards, as well as measures of 2 Machine Translated by Google forecast, control and correction of the degradation of the environment, which guarantee the population the enjoyment of a healthy environment; WHEREAS: That in order to enjoy their inalienable right to life, health and well-being, the human beings also have the right to the availability of fertile soils, to breathe clean air, to drink water drinking water and having access to adequate food, free from contamination; WHEREAS: That it is of vital importance integrate the official, autonomous and semi-autonomous institutions involved in the planning, management, use, management, administration, regulation and promotion of natural resources and the preservation and protection of the environment environment, now dispersed, which makes it difficult to apply of an integral policy on the part of the State, which entails to an effective conservation and protection of the same; WHEREAS: That it is a patriotic duty of all Dominicans support and participate in as many actions as necessary to guarantee the permanence of our natural resources for the use and enjoyment of present and future generations; WHEREAS: That the areas under protection constitute the guarantee of conservation of valuable species, the production of water, the productivity of soils, inland waters and marine ecosystems; CONSIDERING: That the reduction and deterioration of protected areas constitute one of the most identified threats, putting at risk the sustainability of the Dominican nation and its development project harmonious, independent and equitable. 3 Machine Translated by Google SEEN: Section 17 of article 8, and articles 10 and 61 of the Constitution of the Republic; HELD: Section 317, second paragraph, of the Code go Dominican Penal; SEEN: Articles 1382, 1383 and 1384 of the Dominican Civil Code; VIEWS: The laws: • No. 85, dated February 4, 193l, on Hunting; • No. 3003, of July 12, 1951, on the Port and Coast Police; • No. 4378, organic law of Secretaries of State, of the 10 of February 1956; • No. 4471, dated June 3, 1956, especially articles 75 to 88 and 102, which creates the Trujillo Public Health Code; • No. 4990, of August 29, 1958, on Plant Health; • No. 5852, of March 29, 1962, on Dominion of Terrestrial Waters and Distribution of Public Waters, and the laws that modify and complement it; • No. 5856, dated April 2, 1962, on Conservation Forestry and Fruit Trees; • Fishing, No. 5914, of May 22, 1962; • No. 8, dated September 8, 1965, which determines the functions of the Ministry of Agriculture; • No. 6, of September 8, 1965, which creates the Institute National Hydraulic Resources (INDRHI); • No. 55, dated November 22, 1965, which establishes the Sis 4 Machine Translated by Google National theme of Social, Economic and Administrative Planning; • No. 257, of June 17, 1966, which creates the Office of Civil defense; • No. 602, dated May 20, 1977, on Standardization and Quality Systems; • No. 627, dated May 28, 1977, which declares interest national the use and protection, and its acquisition, if necessary, by the State of all or part of the lands included in the Andean areas; • No. 186, of September 13, 1967, on the zone of the Territorial Sea of the Dominican Republic; • No. 305, of May 23, 1968, which modifies article 49 of Law No. 1474, on Communication Routes, of dated February 22, 1938, to establish a maritime zone 60 meters wide on coasts, beaches, rivers, lakes and lagoons of the Dominican territory; • No. 311, dated May 24, 1968, which regulates the manufacture, manufacturing, packaging, storage, import, sale and trade in any form of insecticides, zoocides, phytoncides, pesticides, herbicides and similar products; • No. 531, of December 11, 1969, Organic Law of Budget for the Public Sector; • No. 487, of October 15, 1969, Control of Exploitation and Conservation of Groundwater; • No. 123, of May 10, 1971, which prohibits the extraction of the components of the earth's crust called sand, gravel, gravel and stone; • No. 146, of June 4, 1971, Mining Law of the Dominican Republic; 5 Machine Translated by Google • No. 67, of October 29, 1974, which creates the Directorate National Parks; • No. 114, dated January 3, 1975, which establishes the Park National Zoo, as a center for the promotion of education, research and culture, as regards the biological sciences in general, as well as the preservation of the national fauna; • No. 456, dated October 28, 1976, which establishes the “Dr. Rafael M. Moscoso”, with legal personality as a center for the promotion of education and culture; • No. 632, of May 28, 1977, which prohibits the cutting or felling of trees or bushes at the headwaters of rivers and streams that nourish the hydrographic basins of the entire country; • No. 573, of April 1, 1977, which modifies the title of Law No. 186, of September 13, 1967, and the articles 3, 4, 5, 6, 7 and 8, of said law, on Territorial Sea, Contiguous Zone, Economic Zone, Exclusive Zone and Continental Platform; • No. 380, dated December 11, 1981, on re-refined lubricating oils; • No. 705, of August 2, 1982, which creates the Commission National Forest Technique and its regulations; • No. 218, of May 28, 1984, which prohibits the introduction into the country, by any means, of human excrement or animals, household or municipal garbage and its derivatives, silt or sewage sludge, treated or not, as well as toxic waste from industrial processes; • No. 284, of June 11, 1985, which provides that the fences of rural properties must be raised with hedges alive; 6 Machine Translated by Google • No. 290, of August 28, 1985, on Incentives for Forest Development; • No. 291, of August 28, 1985, which modifies the laws Nos. 211 and 705, of 1967 and 1982, respectively on forest management and sawmills; • No. 295, of August 28, 1985, which declares it to be of high national interest to include in national education programs the need to conserve the natural resources of the country; • No. 112-87, dated December 10, 1987, which establishes the Compulsory Forest Service; • No. 55-88, of June 15, 1988, which modifies articles 6, 8 and 10 of Law No. 290, of August 28, 1985, on Incentive for Forestry Development; • No. 83-89, dated October 12, 1989, which prohibits the placement of construction waste, rubble, and debris on streets, sidewalks, avenues, highways, and green areas, vacant lots, beaches, and public gardens. within the urban and suburban areas of the country; • No. 14-91, of May 20, 1991, which creates the Service Civil and Administrative Career; • No. 300, of July 31, 1998, which provides for compulsory education in all schools and colleges in the country, the subject “Environment and Natural Resources”; • No. 118-99, of December 23, 1999, which creates the Forest Code; SEEN: Laws Nos. 3455, 675, 387, 4848, 3456, 317, 6231, 1728 and 104-67. SEEN: The following resolutions of the Congress National: 7 Machine Translated by Google • No. 550, dated June 17, 1982, which approves the Convention on International Trade in Endangered Species of Wild Fauna and Flora; • No. 59-92, dated December 8, 1992, which approves the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances Depleters of the Ozone Layer; • No. 25-96, dated October 2, 1996, which approves the Convention on Biological Diversity, signed by the Dominican State and the United Nations Conference on Environment and Development "Summit of the Earth”, in Rio de Janeiro, Brazil, on June 5, 1992; • No. 99-97, of June 10, 1997, which approves the accession of the Dominican Republic to the Convention of the United Nations to Combat Desertification in the Countries Affected by Serious Drought or Desertification, in particular in Africa, dated June 17, 1994; • No. 182-98, dated June 18, 1998, which approves the United Nations Framework Agreement on Climate Change, signed on May 9, 1992, between the UN and its Member States; • No. 247, of 1998 by which the Convention is ratified International for the Prevention of Waste Discharges by Ships (MARPOL 73/78); • No. 359-98, of July 15, 1998, which approves the Agreement for the Protection and Development of the Marine Environment in the Greater Caribbean (Cartagena Convention); SEEN: The following resolutions of the City Council of the National District: • Us. 28-66, 88-90, 188-99, 292. 8 Machine Translated by Google • No. 35, dated May 3, 1989, which establishes the limits of noise sources in residential areas; SEEN: The following decrees of the Executive Power had: • No. 1680, dated October 31, 1964, which integrates the National Commission for Nuclear Affairs, previously called the National Atomic Research Commission; • No. 2596, of September 4, 1972, which creates and integrates a Commission that will be in charge of studying the problems caused by the contamination of our environment; • No. 301, dated October 11, 1978, which provides that the General Directorate of Forestry and the National Directorate of Parks must coordinate their activities in common agreement with the Secretary of State for Agriculture and dictates other provisions; • No. 32, of January 27, 1978, which creates and integrates the National Council of Wild Fauna; • No. 1489, dated February 11, 1956, on the functions performed by the Secretaries of State; • No. 752-83, of February 11, 1983, which modifies articles 1 and 2 of decree No. 318, of October 6, 1982, which integrated the National Technical Forestry Commission; • No. 1838-84, dated February 24, 1984, which establishes that the National Meteorological Service will be called from now on, the National Meteorological Office and will function under the Technical Secretariat of the Presidency; • No. 2948-85, dated May 6, 1985, which creates the Forestry Medal; 9 Machine Translated by Google • No. 502-86, of the year 1986, which modifies article 2 of the decree 1838-84, by which the National Meteorological Office is placed as a dependency of the Secretariat of State of Agriculture; • No. 1184-86-407, dated November 14, 1986, which integrates the Governing Board of the National Museum of History natural; • No. 297-87, dated June 3, 1987, which declares as Natural Heritage of the Nation, all the caves, caverns and other underground cavities located in the territory national; • No. 245-90, dated July 22, 1990, which creates and integrates the Board of the National Aquarium; • No. 221-90, dated June 1, 1990, which instructs the General Forestry Directorate to take whatever measures are necessary for the application of article 49, sections b), c) and d), of Law No. 5856, of April 2, 1962 and Law No. 632, of May 28, 1977, on Forest Conservation and Fruit Trees; • No. 217-91, of June 4, 1991, which prohibits the importation, preparation, formulation, commercialization and use of several agrochemical products, due to the fact that they have been proven to be highly dangerous to human health and the environment. environment; • No. 413-91, dated November 8, 1991, which creates and integrates the National Radiological Protection Council attached to the Secretary of State for Public Health and Assistance Social and the National Commission for Nuclear Affairs; • No. 414-91, dated November 8, 1991, which places the Technical Secretariat of the Presidency in charge of the Commission for Nuclear Affairs and modifies decrees Nos. 1680 10 Machine Translated by Google and 1842, from October 31 and December 11, 1964, respectively; • No. 340-92, of November 18, 1992, which creates and integrates the National Commission for the Follow-up of the Agreements of the United Nations Conference on Environment and Development “Earth Summit”; • No. 183-93, of June 24, 1993, which orders the creation of a green belt that surrounds the urban environment of the city of Santo Domingo de Guzmán; • No. 421-96, dated September 9, 1996, which declares September 16 of each year as International Day for the Preservation of the Ozone Layer; • No. 138-97, dated March 21, 1997, through which the Quisqueya Verde National Plan is implemented, as the beginning of a process that promotes the will and governmental and non-governmental initiatives to achieve sustainable development. ; • No. 203-98, dated June 2, 1998, which creates the Office for the Reform and Modernization of the Potable Water and Sanitation Sector; • No. 216-98, dated June 5, 1998, which creates the National Institute for Environmental Protection, as a dependency of the Presidency of the Republic; • No. 152-98, of April 29, 1998, which creates and integrates the Coordinating Commission of the Natural Resources and Environment Sector; • Decree No. 136-99, of March 30, 1999, which re-establishes the limits of the Marine Mammal Sanctuary, created by article 22 of Decree No. 233-96, and creates a National Commission for the Protection of Marine Mammals; 11 Machine Translated by Google SEEN: Regulation No. 207, of June 3, 1998, for the application of Mining Law No. 146, of June 4, 1971; SEEN: Resolution No. 391, of 1991, which formalizes the Dominican Emergency Standard (NORDOM) No. 436. He has given the following Law: LEY GENERAL ABOUT ENVIRONMENT AND NATURAL RESOURCES 12 Machine Translated by Google Title I OF THE PRINCIPLES FUNDAMENTALS, OBJECTIVES AND DEFINITIONS BASIC Chapter I PRINCIPLES FUNDAMENTALS Art. 1. The purpose of this law is to establish the norms for the conservation, protection, improvement and restoration of the environment and natural resources, ensuring its sustainable use. Art. 2. The provisions contained in this law are of public order. Art. 3. Natural resources and the environment are the common heritage of the nation and an essential element for the sustainable development of the country. Art. 4. The conservation, protection, restoration and sustainable use of natural resources, the environment and the assets that make up the natural and cultural heritage are declared of national interest. Art. 5. It is the responsibility of the State, society and each inhabitant of the country protect, conserve, improve, restore and make sustainable use of natural resources and the environment, and eliminate unsustainable production and consumption patterns. Art. 6. The freedom of citizens in the use of resources 13 Machine Translated by Google Sos Naturales is based on the right of every person to enjoy a healthy environment. The State will guarantee the participation of the communities and the inhabitants of the country in the conservation, management and sustainable use of natural resources and the environment, as well as access to truthful and timely information on the situation and status of the same. Art. 7. Environmental protection programs and natural resources must be integrated with general plans and programs for economic development and so that the relevant problems are given a common approach and sustainable solutions are sought subject to a system of priorities in the application of sectoral policies and in the use and conservation of the resources. Art. 8. The prevention criterion will prevail over any other in the public and private management of the environment and natural resources. Failure cannot be claimed of absolute scientific certainty as a reason for not adopt preventive and effective measures in all activities that have a negative impact on the environment, according to the precautionary principle. Art. 9. Environmental impact assessment studies and environmental reports will be the basic instruments for environmental management. Art. 10. The State will order the incorporation of the costs environmental and the use of economic instruments for the prevention, correction and restoration of environmental damage environment and for the conservation of natural resources. 14 Machine Translated by Google Art. 11. Human settlement policies will have taking into account the right of human beings to a healthy and productive life in harmony with nature. Art. 12. The formulation of policies on resources natural resources and the environment will take into account the result of the scientific research process. However, the environmental authorities and individuals will apply the precautionary principle. Art. 13. In the use of water resources, human consumption shall have priority over any other use. Art. 14. The national policy on the environment and natural resources must be based on and respect the principles established in this law and in accordance with the international commitments contracted by the Dominican State. Chapter II OF THE OBJECTIVES Art. 15. The particular objectives of this law are: 1) The prevention, regulation and control of any of the causes or activities that cause deterioration of the environment, pollution of ecosystems and degradation, alteration and destruction of the natural and cultural heritage; 2) Establish the means, forms and opportunities for the conservation and sustainable use of natural resources, recognizing their real value, which includes services 15 Machine Translated by Google environmental services that they provide, within a national planning based on sustainable development, with equity and social justice; 3) The correct use of physical space through of a territorial ordering that considers the resources natural and cultural as the basis for the existence and development of human activities; 4) Strengthen the National System of Protected Areas to guarantee biological and landscape diversity; 5) Guarantee the rational management of basins and water systems, thus ensuring their sustainability; 6) Promote and stimulate environmental education as a means of promoting a society in harmony with nature; 7) Promote a healthy environment that contributes to the maintenance of health and prevention of diseases; 8) Promote and encourage actions that tend to development and compliance with this law. Chapter III DEFINITIONS BASIC Art. 16. For the purposes of this law, it will be understood as: 1) SUSTAINABLE USE: The use of natural resources in a manner that respects the functional integrity and carrying capacity of ecosystems of which they are a part. 16 Machine Translated by Google 2) PROTECTED AREAS: A portion of land and/or sea especially dedicated to the protection and maintenance of significant elements of biodiversity and associated natural and cultural resources, managed by legal mandate and other effective means. 3) ARIDIZATION: Progressive loss of water availability in ecosystems altered by human action. Aridization is expressed in a decrease in biodiversity, biological productivity, reorientation of the ecological dynamics and the predominant presence of species adapted to the lack of water. 4) HUMAN SETTLEMENT: Human settlement is understood as the place where a group of people resides and habitually carries out their social activities. 5) ENVIRONMENTAL AUDIT: Systematic evaluation, documented, periodic and objective that is carried out to determine if the management system and environmental behavior meet the previously established provisions, if the system has been implemented effectively and if is suitable for achieving the environmental policy and objectives. 6) BIODIVERSITY: The set of each and every one of the species of living beings, of genes, landscapes and habitats in all its varieties. 7) ENVIRONMENTAL QUALITY: Capacity of the ecosystems to guarantee the basic functions of the species and populations that compose them. It is a direct function of biodiversity and vegetation cover. 8) QUALITY OF LIFE: Degree to which the members of a human society meet their material and spiritual needs. Their rating is based on indicators of basic satisfaction and through value judgments. 17 Machine Translated by Google 9) LOADCAPACITY : Property of the environment to absorb or support external agents, without suffering deterioration such that it affects its own regeneration, or prevents its natural renewal in normal terms and conditions, or significantly reduce its ecological functions. 10) CONSERVATION: The application of the necessary measures to preserve, improve, maintain, rehabilitate and restore populations and ecosystems, without affecting their exploitation. 11) POLLUTION: The introduction into the environment of elements harmful to life, flora or fauna, that degrade or diminish the quality of the atmosphere, of water, soil or goods and natural resources in general. 12) SOUND POLLUTION: Sounds that, due to their level, length or frequency, affect human health, quality of life of the population and the functioning of ecosystems, exceeding the legally established permissible levels. 13) POLLUTANTS: Any matter, element, compound, substance, chemical or biological derivative, 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 and environmental and wildlife conservation. 14) ENVIRONMENTAL CONTROL: Surveillance, inspection, monitoring and application of measures for the protection of environment. 15) ECOLOGICAL CRITERIA: The guidelines require 18 Machine Translated by Google tory contained in this law, to guide the actions of preservation and restoration of the ecological balance, the sustainable use of natural resources and the protection of the environment, which will have the character of instruments of environmental policy. 16) ENVIRONMENTAL DAMAGE: Any loss, decrease, deterioration or harm caused to the environment or to one or more of its components. 17) ENVIRONMENTAL IMPACT STATEMENT: It is a process that analyzes an action proposal from the point of from the point of view of its effect on the environment and natural resources, and consists of the enunciation of the substantial, positive or negative effect of said proposed action on one or several elements. 18) SUSTAINABLE DEVELOPMENT: The evaluable process through environmental criteria and indicators, economic and social that tends to improve the quality of life and productivity of people, which is based on appropriate measures to preserve the ecological balance, protect the environment and use of natural resources, so as not to compromise the meeting the needs of future generations ras. 19) ENVIRONMENTAL DISASTER: The alteration of the environment caused by telluric, atmospheric, climatic or natural infectious, and the induced or produced intentionally or accidentally by human action, immediate or event, which gives rise to catastrophic situations in that, suddenly or not, human tragedies occur, daily life patterns are disrupted, economic and cultural assets are destroyed, or vital natural resources are significantly affected. 19 Machine Translated by Google 20) TOXIC WASTE AND HAZARDOUS WASTE: They are those that, in any physical state, contain significant amounts of substances that present or may present danger to the life or health of organisms alive when released into the environment, or if mishandled due to magnitude or modality of its corrosive, toxic, poisonous, reactive, explosive, flammable, biologically pernicious, infectious, irritant or any other characteristic that represent a danger to human health, the quality of life, natural resources or ecological balance. 21) DESERTIFICATION: It is a progressive and irreversible modification of ecosystems that assumes the ecological characteristics of deserts: water scarcity (lack of immediate rain, runoff and evaporation), strongly seasonal ecodynamics, short periods of intensive growth of opportunistic species (ruderal), progressive decrease of organic matter in soils, predominance of third and fourth level predators, in three others. 22) HYDROLOGICAL DISTRICTS: Conjunction or association of small hydrographic basins located in the same region. 23) ENVIRONMENTAL IMPACT DOCUMENT: Document prepared by a multidisciplinary team, under the responsibility of the proponent, through which the competent authority and other interested parties are made aware of the results and conclusions of the environmental impact study, and the information and technical data are translated into clear and easy to understand language. 24) ECOSYSTEM: Universe of functional relationships between the components of a habitat. 20 Machine Translated by Google 25) ENVIRONMENTAL EDUCATION: Permanent process of citizen training, formal and informal, for decision-making awareness and development of values, concepts, attitudes and skills regarding the protection and sustainable use of natural resources and the environment. 26) ENVIRONMENTAL IMPACT STUDY: Set of technical and scientific activities aimed at the identification, prediction and control of the environmental impacts of a project and its alternatives, presented in the form of a technical report and carried out according to the established criteria by current regulations. 27) STRATEGIC ENVIRONMENTAL ASSESSMENT: It is an instrument for environmental assessment of public policies, activities and sectoral projects to guarantee the incorporation of the environmental variable in the different public administration sectors. 28) ENVIRONMENTAL IMPACT ASSESSMENT: It is the environmental policy and management instrument formed by the set of procedures, studies and technical systems that allow estimating the effects that the execution of a certain work, activity or project may cause on the environment. 29) WETLAND: Extension of marshes, swamps and peat bogs, or surfaces covered with water, whether natural or artificial, permanent or temporary, stagnant or flowing, fresh, brackish or salt, including expanses of marine water the depth of which at low tide does not exceed six metres, including wetlands artificial, such as rice paddies and reservoirs. 30) ENVIRONMENTAL IMPACT: Any significant alteration, positive or negative, of one or more of the components of the environment and natural resources, pro 21 Machine Translated by Google evoked by human action and/or events in the nature. 31) COLLECTIVE INTEREST: Interest that corresponds to communities or groups of people. 32) DIFFUSE INTEREST: It is that which is disseminated in a community, corresponding to each of its members, and that does not emanate from property titles, specific rights or actions. 33) ENVIRONMENTAL LICENSE: Document in which the states that the impact study has been delivered corresponding environmental, and that the activity, work or project can be carried out, under the conditioning of apply the adaptation and environmental management program indicated therein. 34) They are technical standards, parameters and values, established in order to protect human health, the quality of the environment or the integrity of its components. 35) ENVIRONMENT: The system of biotic, abiotic, socioeconomic, cultural and aesthetic elements that they interact with each other, with the individuals and with the community in which they live, and that determine their relationship and survival. 36) EMISSION LEVELS: Measured quantity of the discharge of substances into the environment. 37) ENVIRONMENTAL EMISSION STANDARDS: Values that establish the maximum amount of emission allowed from a substance, measured at the emitting source. 38) LAND PLANNING: Planning, evaluation and control process aimed at identifying and schedule human activities compatible with the conservation, use and management of natural resources in the 22 Machine Translated by Google national territory, respecting the carrying capacity of the natural environment, to preserve and restore the balance ecological and protect the environment, as well as to guarantee the well-being of the population. 39) LAND ORGANIZATION: Planning process aimed at evaluating and programming land use in the national territory, according to its characteristics and potentialities, taking into account natural and environmental resources, economic and social activities and the distribution of the population, within the framework of a policy of conservation and sustainable use of natural resources and the environment. 40) ENVIRONMENTAL PERMIT: Document issued by the competent authority at the request of an interested party, in which certifies that, from the point of view of environmental protection, the activity can be carried out under the condition of complying with the indicated measures. 41) PRESERVATION: Set of provisions and me measures to maintain the current state of an ecosystem. 42) PROTECTION: Set of policies and measures to prevent deterioration, threats and restore the environment and altered ecosystems. 43) COASTAL AND MARINE RESOURCES: Are those constituted by the waters of the territorial sea, the estuaries, the submarine continental shelf, the coastlines, the bays, islands, keys, capes, estuaries, mangroves, reefs, underwater vegetation, scenic beauty viewing spots, biotic and abiotic resources within these waters and associated ecosystems. 44) GENETIC RESOURCES: Set of genes present in wild and/or managed populations that constitute the basis of biodiversity. 23 Machine Translated by Google 45) HYDROLOGICAL RESOURCES: Any source of water, stream or confined, surface or underground, coastal or internal, fresh, brackish or salty, as well as the ecosystems aquatic habitats and species that inhabit them, temporarily or permanently, in areas where the Dominican Republic exercises jurisdiction. 46) NATURAL RESOURCES: Natural elements of that man has to satisfy his needs economic, social and cultural. 47) ENVIRONMENTAL RISK: Potentiality of an action of any nature that, due to its location, characteristics and effects, can cause damage to the environment or to ecosystems. 48) CIVIL SOCIETY: Group of people, natural or legal, holders of a diffuse collective interest in accordance with this law, which expresses their public and social participation in local and/or national life. 49) ENVIRONMENTAL MANAGEMENT UNIT: Unit with clearly defined physical boundaries where The effects of development activities can be planned, evaluated and managed in a systematic, harmonious and comprehensive manner. 50) WILDLIFE: It is the set of species of flora and fauna found in their natural state, not They are neither cultivated nor domesticated. 24 Machine Translated by Google Chapter IV OF THE SECRETARIAT OF STATE ENVIRONMENTAL AND RESOURCES NATURAL Section I OF THE CREATION, OBJECTIVES AND FUNCTIONS FROM THE SECRETARIAT Art. 17. The Secretary of State for the Environment and Natural Resources is created as the governing body for the management of the environment, ecosystems and resources natural, so that it complies with the attributions that in accordance with environmental legislation in general, correspond to the State, in order to achieve development sustainable. Art. 18. They correspond to the Secretary of State for the Environment Environment and Natural Resources the following functions: 1) Prepare the national policy on the environment and natural resources of the country; 2) Execute and monitor the national policy on environment and natural resources; 3) Manage the domain's natural resources of the State to which they have been assigned; 4) Ensure the preservation, protection and safe use sustainable environment and natural resources; 5) Seek the progressive improvement of the management, administration and regulation related to the contamination of the soil, air and water, for the conservation and improvement of environmental quality; 25 Machine Translated by Google 6) Ensure that the exploration and exploitation of mining resources is carried out without causing irreparable damage to the environment and human health; paralyze the execution of any mining activity, when it considers, based on scientific studies, that it may endanger human health and cause irreparable damage to the environment or to ecosystems that are unique or essential for the normal development of the human life; Y guarantee the restoration of ecological damage and the compensation for economic damages caused by mining activity; 7) Control and ensure the conservation, use and research of coastal and marine ecosystems and their resources, of wetlands, as well as the correct application of the regulations relating to them; 8) Promote and guarantee the conservation and use sustainable use of forest resources and monitor the application of the State's forestry policy and the rules that regulate its use; 9) Develop regulations, review existing ones and supervise the effective application of legislation, to guarantee the conservation and sustainable use of natural resources and improving the quality of the environment; 10) Guide, promote and stimulate in private institutions, community and non-governmental organizations, the activities of preservation, restoration, conservation and sustainable use of the environment, as well as the protection of natural resources, adapting their activities to the policies, objectives and goals on environment environment and anticipated natural resources; 11) Promote the integration of civil society and community organizations to the plans, programs and 26 Machine Translated by Google projects aimed at the preservation and improvement enviroment; 12) Elaborate and guarantee the correct application of standards for conservation, preservation and management of protected areas and wildlife; 13) Collaborate with the Secretary of State for Education and Culture in the preparation of educational plans and programs that at the different levels of education will be applied in relation to the environment and natural resources; as well as to promote with said Secretariat outreach programs and non-formal education; 14) Establish mechanisms that guarantee that the private sector adjusts its activities to the policies and sectoral goals envisaged; 15) Stimulate industrial reconversion processes, linked to the implementation of clean technologies and the performance of decontamination activities, recycling and waste reuse; 16) Study and evaluate the economic cost of the deterioration of the environment and natural resources, with so that they are included in the operating costs and considered in the national accounts; 17) Establish the National Information System Environmental and Natural Resources; carry out, organize and updating the inventory of biodiversity and national genetic resources, as well as designing and executing the national strategy for biodiversity conservation; 18) Control and prevent environmental contamination at emission sources. Establish environmental standards and general regulations on the environment environment, to which the settlements must be subject 27 Machine Translated by Google human, mining, industrial, transport and tourist activities; and, in general, any service or activity that may generate, directly or indirectly, environmental damage; 19) Promote the incorporation of the environmental dimension and the sustainable use of natural resources to the National Planning System; 20) Assess, monitor and supervise the control of environmental risk factors and those that may influence the occurrence of natural disasters and execute directly, or in coordination with other institutions pertinent, the actions tending to prevent the emergency or to prevent the extension of its effects; 21) Propose to the Executive Power the national positions in relation to international negotiations on environmental issues and on national participation in conferences of the parties to international environmental conventions; propose the subscription and ratification; be the focal point of the same; and represent the country in forums and international environmental organizations in coordination with the Secretary of State for Foreign Affairs. res; 22) Collaborate with the Secretary of State for Health Public and Social Assistance in the formulation of the national population policy and in carrying out studies and common interest evaluations; 23) Promote, in coordination with the organizations competent, the implementation of programs and projects for the prevention of disasters that may affect the environment environment and natural resources, as well as mitigation of the damage caused; 24) Coordinate with the Secretary of State for the 28 Machine Translated by Google Armed Forces and with the National Police, the actions to execute to ensure the protection and defense of the natural resources of the country; 25) Any other function assigned in accordance with the law. Paragraph . The functions mentioned in the paragraphs The foregoing will be done using the collaboration and consultation mechanisms established by the National Planning Office, which will include joint work with the offices planning sectors of the different Secretaries of State and other provincial and municipal authorities. Art. 19. The National Council for the Environment and Natural Resources, as a link between the National System of Economic, Social and Administrative Planning, the national productive sector, civil society and centralized and decentralized public administration entities belonging to the environment sector and natural resources, and as the body responsible for programming and evaluating policies, as well as establishing the national strategy for the conservation of biodiversity. The National Council for the Environment and Natural Resources will be composed of: 1) Secretary of State for the Environment and Natural Resources, who will chair it; 2) Technical Secretary of State of the Presidency; 3) Secretary of State for Agriculture and Livestock; 4) Secretary of State for Public Health and Social Assistance; 5) Secretary of State for Education; 29 Machine Translated by Google 6) Secretary of State for Public Works and Communications; 7) Secretary of State for the Armed Forces; 8) Secretary of State for Tourism; 9) Secretary of State for Industry and Commerce; 10) Secretary of State for Foreign Affairs; 11) Secretary of State for Labor; 12) General Secretary of the Municipal League; 13) National Institute of Hydraulic Resources. In addition, they will be summoned, a representative of the North, South, East, and West regions of the Non- Governmental Organizations (NGOs) in the environment and natural resources area; a representative of a peasant organization; two university representatives (public and private); and a representative of the business sector, from shortlists presented by their respective organizations to the Secretary of State for the Environment and Natural Resources and designated by decree of the Executive Power. Paragraph I. The resolutions of the National Council of Environment and Natural Resources are mandatory and correspond to the Secretary of State Environment and Natural Resources its execution. Paragraph II. A special regulation will regulate the functioning of the National Council for the Environment and Natural resources. 30 Machine Translated by Google Section II OF THE BASIC STRUCTURE FROM THE SECRETARY OF STATE OF ENVIRONMENT AND NATURAL RESOURCES Art. 20. The Secretary of State for the Environment and Natural Resources will be structured, according to its areas of competence and functions, in five undersecretaries of State: 1) Environmental management; 2) Soils and waters; 3) Forest resources; 4) Protected areas and biodiversity; Y 5) Coastal and marine resources. Paragraph: The organic and functional regulations of the Secretary of State for the Environment and Natural Resources will determine the specific functions and internal structure of the undersecretaries and other organic units necessary for their effective operation; Art. 21. The Sectoral Planning and Programming Office is created as an advisory body to the Secretary of State Environment and Natural Resources in matters of economic, social and administrative planning, which in addition to the functions established by Law No. 55, of 22 of November 1965, on the National Planning System, will be the support unit of the Secretariat, in the process of forming it. 31 Machine Translated by Google Section III REORGANIZATION OF ORGANISMS PUBLIC BELONGING TO THE ENVIRONMENTAL SECTOR AND NATURAL RESOURCES Art. 22. It is transferred, and consequently, will depend on the Secretary of State for the Environment and Natural Resources, under its new structure, the Undersecretary of State for Natural Resources of the Secretary of State for Agriculture, the National Directorate of Parks, the Environment Department of the National Planning Office, the National Institute of Forest Resources, the National Institute of Environmental Protection and the Office for the Protection of the Earth's Crust, of the Secretariat of State for Public Works. Paragraph I. Decree No. 216 of June 5, 1998, which creates the Environmental Protection Institute, is repealed (INPRA) and Law 118-99 and its regulations, of the National Institute of Forest Resources (INAREF) and its powers they pass to the Secretary of State for the Environment and Natural Resources. Paragraph II. The Ministry of the Environment and Natural Resources will be in charge of all the buildings, furniture, equipment, materials, and physical resources, whatever its class, in the power of organisms that are transferred to it and of those that are deleted by the present law. Paragraph III. The General Directorate of Mining of the Secretary of State for Industry and Commerce must coordinate with the Secretary of State for the Environment and Natural Resources the formulation of mining policy as well as its application, which must be subject 32 Machine Translated by Google to the national policy on the environment and natural resources adopted by the Executive Power. Art. 23. They are assigned and, therefore, will depend on the Secretary of State for the Environment and Natural Resources, the National Botanical Garden “Dr. Rafael M. Moscoso”, the National Zoological Park “Arq. Manuel Valverde Po destá”, the National Aquarium, the National Museum of Natural History and the National Institute of Hydraulic Resources (INDRHI). Paragraph I. The Boards of Directors of the National Zoological Park, the National Botanical Garden, the National Aquarium, the National Museum of Natu ral History and the National Institute of Hydraulic Resources as administrative and financial control bodies, which will be chaired by the Secretary of State for the Environment Environment and Natural Resources and established and regulated by decree of the Executive Branch. Paragraph II. The institutions mentioned in this article retain their functional, jurisdictional and financial autonomy, as well as their own assets and legal personality. Paragraph III. The National Hi Resource Institute Draulic must submit to the approval of the Secretary of the State of the Environment and Natural Resources plans, programs, projects and activities that this institution is going to execute in the hydrographic basins, within of the powers assigned by this law to the Secretariat State of the Environment and Natural Resources. The National Institute of Hydraulic Resources (INDRHI) It will coordinate with the Secretary of State for the Environment and Natural Resources everything related to the use and exploitation of the country's water resources. 33 Machine Translated by Google Section IV OF THE NATIONAL SYSTEM ENVIRONMENTAL MANAGEMENT _ AND NATURAL RESOURCES Art. 24. To guarantee the design and effective execution of the policies, plans, programs and projects related to the environment and natural resources, there will be a system with functions of formulation, orientation and coordination called the National System of Environmental Management and Natural resources. Paragraph. The National Environmental Management System and Natural Resources constitutes the set of guidelines, standards, activities, resources, projects, programs and institutions that make possible the application, execution, implementation and implementation of the principles, policies, strategies, and provisions adopted by the public authorities related to the environment and natural resources. Art. 25. The National System of Environmental Management and Natural Resources will be formed by: 1) The Secretary of State for the Environment and Natural resources; 2) The institutional programming offices of the decentralized and autonomous organizations that make up the sector; 3) Two representatives of the universities (public and private); 4) The Environment and Resources Commissions Natural of the City Council of the National District, the municipal councils and the Municipal League; 5) Non-governmental organizations 34 Machine Translated by Google (NGOs) of the sector registered in the Secretary of State Environment and Natural Resources. Paragraph. Corresponds to the Secretary of State for Environment and Natural Resources, coordinate the National System of Environmental Management and Natural Resources and prepare the corresponding regulations for its operation. Art. 26. Institutions that are part of the System National Environmental Management and Natural Resources must have environmental management units, organized with their own staff and financed with the budget of each entity. The environmental management units are specialized structures, with functions of supervising, coordinate and monitor policies, plans, programs, projects and environmental actions within its institution and to ensure its compliance with environmental standards, ensuring the necessary inter-institutional coordination of environmental management, in accordance with the guidelines issued by the Secretary of State for the Environment and Natural Resources. 35 Machine Translated by Google Title II OF THE INSTRUMENTS FOR MANAGEMENT ENVIROMENT AND RESOURCES NATURAL Art. 27. The instruments for the management of the environment and natural resources are the following: 1) Environmental planning; 2) This law, the special and sectoral laws, international conventions and treaties, and other legal provisions aimed at protecting the environment and natural resources, including technical standards in environmental protection matters; 3) Territorial planning; 4) The national system of protected areas; 5) Environmental permits and licenses; 6) Strategic environmental impact assessment; 7) The national environmental information system and natural resources; 8) Environmental monitoring and inspection; 9) Environmental education and outreach; 10) Scientific and technological development; 11) Incentives; 12) The national fund for the environment and natural resources. 36 Machine Translated by Google Chapter I INCORPORATION OF THE DIMENSION ENVIRONMENTAL IN THE PLANNING Art. 28. National, regional development planning and provincial level of the country must incorporate the environmental dimension through a dynamic, permanent, participatory and concerted between the different entities involved in environmental management. Paragraph. centralized public institutions, decentralized, autonomous and semi-autonomous entities of the State, the City Council of the National District, the municipal councils, and the Municipal League, will include in their budgets the corresponding items for the application of this article. Corresponds to the Secretariat Technician of the Presidency, through the offices National of Planning and National Budget, and to the League Dominican Municipal Government, in coordination with the Secretary of the State of the Environment and Natural Resources, guarantee compliance with this article. Art. 29. All national, regional, provincial or municipal development plans, programs and projects must be prepared or adapted, as appropriate, guided by the guiding principles of this law, , the environmental policies, strategies and programs established by the competent authorities. 37 Machine Translated by Google Chapter II OF THE REGULATION OF THE TERRITORY Art. 30. The design, formulation and execution of the national planning plan is declared of high national interest. of the territory that incorporates the environmental variables. Paragraph I. The Technical Secretariat of the Presidency, In coordination with the Secretary of State for the Environment and Natural Resources and other competent State bodies, it will develop actions aimed at comply with this article, within a period not exceeding three (3) years, and must be assigned in the draft Revenue Budget and Public Expenditure Law, the corresponding items. Paragraph II. The planning of the territory must Use as a guide the objectives and principles contained in the present law. Art. 31. The planning of the territory, national, provincial or municipal, as the case may be, will have as objectives main the protection of its resources, the reduction of its vulnerability, the reversal of recurring losses due to inappropriate use of the environment and natural resources, and to achieve the maximum possible harmony in the interrelationships of society with nature, taking into account: 1) The nature and characteristics of the different ecosystems; 2) The potential of each region based on its natural resources; 3) The essential balance between activities human and its environmental conditions; 38 Machine Translated by Google 4) Existing ecological imbalances due to human causes; 5) The environmental impact of new human settlements, infrastructure works and related activities. xas. Art. 32. To guarantee adequate environmental management, the Secretary of State for the Environment and Resources Natural will divide the national territory into units of environmental management, and should, whenever possible, Respect the limits of the hydrographic basins. Paragraph. Small basins can be joined for the formation of hydrological districts. Chapter III SYSTEM NATIONAL OF PROTECTED AREAS Art. 33. The national system of protected areas is created, that includes all the areas of that character, existing and that are created in the future, public or private. The responsibilities of the National Directorate of Parks to the Secretary of State for the Environment and Natural resources. For the establishment of the areas protected, the following data must be taken into account: 1) Preserve representative natural ecosystems of the various biogeographical and ecological regions from the country; 2) Protect watersheds, hydrological cycles 39 Machine Translated by Google cos, aquifer zones, samples of biotic communities, particular genetic resources and the genetic diversity of natural ecosystems and their elements; 3) Favor the development of eco-techniques and improve the rational and sustainable use of natural ecosystems and their elements; 4) Protect natural settings and landscapes; 5) Promote recreational activities and tourism mo in coexistence with nature; 6) Promote environmental education, scientific research and the study of ecosystems; 7) Protect the natural environments of historical monuments, archaeological and artistic remains. Paragraph. Management and surveillance of all areas protected, it must be done compulsorily under plans of driving. Art. 34. (Transitional). The national system of protected areas is constituted by the units and categories of conservation established in the following laws and decrees, whose limits are ratified by this law, as well as by other legal and/or administrative pieces that are adopt in the future: Laws Nos.: 1) 4389, dated February 19, 1956, which creates a Forest Reserve for scientific and Nature Protection purposes, called “Armando Bermúdez” National Park; 2) 5056, of December 19, 1958, on the issuance of fishing permits, provided for by law of Fishing, No. 1518, of June 18, 1938; 40 Machine Translated by Google 3) 654, of April 24, 1974, which declares the Cabo Francés Viejo Reserve or National Park and its adjacent El Bretón beach, on the north coast of the territory national; 4) 664, of May 14, 1974, which declares the Reserved or National Park the Island Kids of the Lake In riquillo, province Independence; 5) 409, of April 8, 1976, which modifies articles 1, 4 and 5 of Law No. 244, dated January 10, 1968; Decrees Nos.: 6) 1311, of September 16, 1975, which declares Parque Nacional del Este an area of around four hundred and thirty square kilometers (430KM2) in the La Altagracia province and dictates other provisions; 7) 1863, of April 6, 1976, which declares Reserve Natural Scientist a piece of land in the municipality of Guayubin; 8) 2924, of June 17, 1977, which declares the area where archaeological excavations are carried out in the ancient city of Concepción de La Vega a National Historical Park; 9) 157-86, of February 26, 1986, which declares as areas of public utility and social interest for purposes of the conservation of natural ecosystems and historical and archaeological sites, research, education and recreation, with the category of "Park Nacional Jaragua”, the territories and marine areas there damaged to said Park; 10) 159-86, of February 26, 1986, which declares “Vía Panoramica” for recreation purposes, educational am 41 Machine Translated by Google biental and nature protection, the Aceiti llar-Cape Red road, former Alcoa Exploration road Company; 11) 1026-86-249, dated September 25, 1986, which declares an area of the Caribbean Sea a National Park under the name “La Caleta Submarine Park”; 12) 417-89, of October 26, 1989, which declares Scientific Reserve of Green Ebony (Magnolia Pallescens) several areas in the municipality of Constanza; 13) 82-92, of March 6, 1992, which declares the Loma Quita Espuela Scientific Reserve, located in San Francisco de Macorís, and places it under the administration of the Loma Quita Espuela Foundation, Inc. and the General Directorate of Parks; 14) 16-93, of January 22, 1993, which modifies article 1 of decree No. 156-86, of February 26, 1986, on the Montecristi National Park; 15) 183-93, of June 24, 1993, which orders the creation of a green belt that surrounds the urban environment of the city of Santo Domingo de Guzmán; 16) 356-93, of December 31, 1993, declaring the tourist road, the old Luperón road, connecting the cities of Santiago de los Caballeros and Puerto The payment; 17) 221-95, of September 30, 1995, which creates the National Parks “Nalga de Maco” and “Sierra de Neyba” and the “Las Caobas Natural Monument”; 18) 309-95, of December 31, 1995, which adopts as a guide for the organization of the national system of protected areas, the generic categories agreed by the World Conservation Union; 42 Machine Translated by Google 19) 233-96, of July 30, 1996, which applies the categories established to the norms of the World Union for Nature (IUCN), scientific reserves, national parks, natural monuments, wildlife refuges and panoramic routes, as well as architectural monuments, archaeological sites, underwater areas of historical and cultural interest and the areas recreational, educational and cultural, previously reserved throughout the national territory by different laws, decrees and administrative provisions. create the parks nationals: "Lake Enriquillo," "Juan Baptist Perez Ran cier," "Cape Cabron," "Sierra Martin Garcia," "Juan Ulise Garcia Bonelly," and "The Smoker. Establishes the definitive lí mites of the “Los Haitises” National Park. Am plies the boundaries of the National Park “Sierra de Bahoruco”. He founded the scientific reserves: "Erick Leonard Ekman" and “Dr. Miguel Canela Lázaro”, the biological reserves: “Padre Miguel Domingo Fuertes”, “Las Neblinas”, “Dr. Joseph de Jesús Jiménez Almonte” and “Wetlands of Bajo Yuna”. Assigns the Natural Monument category to the mountain “Isabel de Torres” and “Bahía de Luperón” and “Cascada del Lemon". Called anthropological reserve "La Cueva de las Maravillas” and expands the limits of the “Cuevas de Borbón” anthropological reserve. Creates the “Río Higuamo” wildlife refuge and assigns the same category to “La guna Cabral”. It expands the limits of the “Sanctuary of Mamí feros Marinos de la República Dominicana”. Create the tracks panoramic views: “Mirador del Atlántico”, “Ríos Comate y Comatillo”, “Mirador de Paraíso”, “Del Río Mao”, “Costa Azul”, “Del Río Bao”, and “Mirador del Valle de La Vega Real”. It creates the national recreation areas: “El Puerto Guaiguí”, “Playa de Andrés-Boca Chica” and “Cayo Levan tado”. Create the ecological corridors: “Duar te Highway”, “Tenares-Gaspar Hernandez”, “El Seibo-Miches”, “El 43 Machine Translated by Google Abanico-Constanza” and “Cabral-Polo”. Authorizes the Committee National “Man and the Biosphere” (Dominican MAB) to present before the MAB Committee of UNESCO, the proposals for the creation of the biosphere reserves: "Hoya del Lago Enriquillo with its mountainous systems to damage" and "The Bay of Samaná and its surroundings" and dictates other provisions for the protection of the natural heritage, historical and cultural of the Dominican Republic. Paragraph I. It is incorporated into the national system of areas protected the historical national park La Isabela created by administrative provision of the National Directorate of Parks. Paragraph II. A period of ninety (90) days is granted to the Executive Power, to present a bill on Protected Areas and Biodiversity. Paragraph III. The national system of protected areas It will have a transitory character until it is presented, Approved and put into effect a sectoral bill that will update the national system of protected areas, as well as the categories according to the international regulations that govern in this regard, their limits, and other pertinent considerations. Until the enactment of the sectoral law on protected areas and biodiversity is not will not allow any modification to it. Art. 35. The objectives of establishing protected areas are: 1) Save, know, conserve and use, according to its management category, biodiversity and ecosystems under a protection regime that make up the heritage native of the republic; 2) Maintain in a natural state representative samples of biotic communities, life zones, regional 44 Machine Translated by Google physiographic zones, biogeographical units, genetic resources, and threatened, endangered, or threatened wildlife species. in danger of extinction, to facilitate scientific research, the maintenance of biological diversity, to ensure ecological stability, promote recreational activities and sustainable tourism and to promote education environment, scientific research and the study of ecosystems; 3) Promote and encourage conservation, recover tion and sustainable use of natural resources; 4) Guarantee the environmental services derived from protected areas, such as carbon sequestration, reduction of the greenhouse effect, contribution to climate stabilization and sustainable use of energy; 5) Preserve and recover the sources of water production and execute actions that allow its control effectively, in order to prevent erosion and sedimentation. Art. 36. Protected areas are State property, must be managed according to their categories, zoning and regulations, based on management plans approved by the Secretary of State for the Environment and Natural Resources, with the participation of the community and its organizations, in the management and management of the themselves. Paragraph I. The Dominican State may establish agreements for the co-management and/or management of protected areas with interested entities, provided that the interest of conservation prevails over any other. Paragraph II. When the national interest or the management category so requires, it is declared under the na na system. 45 Machine Translated by Google tion of protected areas an area belonging to a private person or entity, the Dominican State may declare it of public utility and acquire it through purchase or exchange, being the price and conditions established by the laws that govern this matter or by mutual agreement. Art. 37. When the set of environmental conditions of a determined area or zone is or could be severely affected, the Secretary of State for the Environment Environment and Natural Resources, after the pertinent technical studies, may subject said space to a provisional regime of environmental protection, without this measure necessarily meaning that said area within the system of protected natural areas. Paragraph I. When subjecting a space to the regime of provisional protection indicated in this article, It will establish a management plan or control and recovery program that will indicate the preventive or corrective measures that must be carried out in said area, as well as the responsible for executing those measures and the deadlines within of which they will have to be executed. Paragraph II. An area of provisional environmental protection may cease to be so, or be assigned another specific and stable category, when the environmental conditions improve. have been restored, having ensured the balance of the ecological system that characterizes it. 46 Machine Translated by Google Chapter IV EVALUATION ENVIRONMENTAL Art. 38. In order to prevent, control and mitigate possible impacts on the environment and natural resources caused by works, projects and activities, the environmental assessment process is established with the following instruments: 1) Environmental Impact Statement (DIA); 2) Strategic Environmental Assessment; 3) Environmental impact study; 4) Environmental report; 5) Environmental license; 6) Environmental permit; 7) Environmental audits; Y 8) Public consultation. Art. 39. Public administration policies, plans and programs must be evaluated in terms of their environmental effects, selecting the alternative with the lowest impact negative. A consistency analysis should be performed with the national policy on environment and resources natural. Each institution will make its own evaluations strategic environmental. The Secretary of State for the Environment and Natural Resources will issue the guidelines for evaluations, it will approve and monitor compliance with its recommendations. Art. 40. The project, infrastructure work, industry, or any other activity that due to its characteristics may affect, in one way or another, the environment and the 47 Machine Translated by Google natural courses, you must obtain from the Secretary of State for the Environment and Natural Resources, prior to your execution, the environmental permit or the environmental license, depending on the magnitude of the effects it may cause. Art. 41. The projects or activities that require the presentation of an environmental impact assessment are those following: 1) Ports, docks, waterways, breakwaters, breakwaters, canals, shipyards, salvage yards, maritime terminals, reservoirs, dams, dikes, irrigation canals and aqueducts; 2) High voltage power transmission lines and its substations; 3) Hydro and thermoelectric plants and nuclear plants generation cleares; 4) Airports, bus and railway terminals, railways, expressways, highways and roads audiences; 5) Urban development projects and settlements humans; urban regulation plans; 6) Industrial plants, including sugar factories, cement, liquor, brewery, paper, chemical, textiles, manufacturers of construction materials, equipment and metal products, leather tanning and skins, gas production, halogens, hydracids and acids; 7) Agroindustries and slaughterhouses, stables for breeding, dairying and fattening animals of industrial dimensions; 8) Agrarian transformation plans, plantations 48 Machine Translated by Google agriculture and livestock, rural settlements, including those executed according to the Agrarian Reform Laws; 9) Mining projects, including oil and peat; explorations or prospections, removal of the layer vegetation and the earth's crust, farms, construction and operation of wells, tailings dams, processing plants, refineries and waste disposal; 10) Extraction of aggregates (rocks, gravel and sand); 11) Installation of oil pipelines, gas pipelines, pipelines miners and the like; 12) Commercial tree plantation projects, and sawmills, wood processors; 13) Resource exploitation or cultivation projects hydrobiological and processing plants thereof; 14) Import, production, formulation, transformation, use, marketing, storage, transport, disposal, recycling or reuse of toxic, harmful, explosive, radioactive, flammable substances, corrosive or reactive and others of obvious danger; 15) Environmental sanitation systems, such as they are sewage and drinking water, sewage treatment plants and toxic waste from industrial, household and municipal origin; landfills, submarine outfalls, treatment systems and disposal of solid, liquid or gaseous effluents; 16) The execution of works, programs and activities in national parks and other protected areas; 17) The massive application of chemical products or combinations in urban areas or on surfaces greater than one hundred hectares in rural areas; 49 Machine Translated by Google 18) Engineering works of any kind that are they plan to carry out protection or water production forests and other fragile ecosystems, in cloudy or rainy forests, in high basins, in wetlands or in coastal areas; 19) Hotel facilities or tourist development what, y 20) Industrial estates or parks, maquiladora processing factories or industries and free zones. Paragraph I. The preceding list may be expanded by resolution of the Secretary of State for the Environment and Natural Resources. Paragraph II. Projects, installations or works, both private and State, will be submitted to the system of environmental and social impact assessments. Paragraph III. The Secretary of State for the Middle Am Environment and Natural Resources, will develop a nomenclature explanation of the activities, works and projects contained in this list, which will require an environmental impact statement, environmental impact assessment or environmental report, depending on the magnitude and significance of the environmental impact they may produce. Paragraph IV. The activities, works or projects that do not require an environmental permit or license, they must comply with the environmental rules established by the Secretary of State for the Environment and Natural Resources. Paragraph V. The Secretary of State for the Environment Environment and Natural Resources will establish the criteria for determine if the project requires an environmental permit, and therefore must submit an impact statement 50 Machine Translated by Google (DIA), or if instead you need an environmental license, in which case, you must submit an environmental impact study. You must also establish criteria for exclusion, which allow to identify those projects or activities that do not require entering the environmental assessment process. Paragraph VI. When the State is the promoter, executor, or forms an active part in any of the development projects, you must hire the services of private consultants, or legal entities, in order to carry out the corresponding environmental studies and must comply with the requirements established in this law. Art. 42. The environmental impact statement (DIA), the environmental impact study and the environmental report will be paid by the person interested in developing the activity, work or project, and carried out by a technical team, multidisciplinary if necessary, and may be represented by one of them. It will be a public document, subject to discussion, and those who prepare it must be registered for statistical and information purposes in the Secretary of State for the Environment and Natural Resources, who will establish the certification procedure for service providers of declaration, report, studies , diagnoses, evaluations and environmental audits. Paragraph I. The Secretary of State for the Environment and Natural Resources, based on the nomenclature of the activity, work, or project, will issue the regulations techniques, structure, content, dispositions and methodological guides necessary for the elaboration of the studies of environmental impact, the environmental management and adaptation program and the environmental reports; just like him duration of the validity of permits and licenses 51 Machine Translated by Google environmental conditions, which will be established according to the magnitude of the environmental impacts produced. Paragraph II. The procedural rules for the presentation, categorization, evaluation, publication, approval or rejection, control, monitoring and supervision of environmental permits and licenses will be established in the corresponding regulation. Art. 43. The process of environmental permits and licenses will be administered by the Secretary of State for the Environment and Natural Resources, in coordination with the corresponding institutions, which will be obliged to consult the environmental impact studies with the competent sectoral bodies, as well as with the municipal councils, guaranteeing citizen participation and the corresponding dissemination. Art. 44. The environmental license and permit will include the environmental management and adaptation program that must execute the person responsible for the activity, work or project, establishing the form of monitoring and compliance of the same. Paragraph. The environmental management and adaptation program, established in this article, must be carried out based on environmental parameters and indicators referred to in articles 78 et seq. of chapter I, of title IV, of this law. Until these indicators and parameters are definitively established, Provisional parameters will be used, and the Secretary of State for the Environment and Natural Resources must define a minimum percentage of reduction of the polluting potential, which must be established in all environmental permits and licenses issued. 52 Machine Translated by Google Art. 45. The environmental permit and license oblige whoever is awarded to: 1) Assume administrative responsibilities, civil and criminal damages caused to the environment environment and natural resources. If these damages are product of the violation of the terms established in the environmental license and the environmental permit, must assume the relevant legal and economic consequences; 2) Observe the provisions established in the current special rules and regulations; 3) Execute the management and adaptation program environmental; 4) Allow environmental control by the competent authorities. Art. 46. To ensure that the person responsible for the activity complies with the conditions established in the environmental license and the environmental permit, the Secretary of State for the Environment and Natural Resources will carry out environmental assessment audits when it deems it convenient, for their own means or using the services of third parties. Paragraph. In the management and adaptation program environment, a self-monitoring program will be established, that the person responsible for the activity, work or project must comply with and report on it periodically to the Secretary of State for the Environment and Natural Resources. The results will be compared with the external environmental audit reports. Art. 47. To ensure compliance with the environmental license and the environmental permit regarding the execution of the environmental management and adaptation program, the responsible 53 Machine Translated by Google responsible for the activity, work or project must render a performance bond for an amount equal to ten percent (10%) of the total costs of the physical works or investments required to comply with the environmental management and adaptation program. Art. 48. The Secretary of State for the Environment and Natural Resources will make public the environmental permits and licenses that it grants, as well as the natural or legal persons who are sanctioned by administrative or judicial route. Chapter V NATIONAL DELSYSTEM OF INFORMATION ENVIRONMENTAL AND NATURAL RESOURCES Art. 49. The National Information System is established Environment and Natural Resources under the responsibility of the Secretary of State for the Environment and Natural resources. This system will be made up of public and private organizations and institutions dedicated to generating technical and scientific information on the state of the environment and natural resources. Art. 50. Data from the national information system will be freely accessible and their periodic dissemination will be sought, except for those restricted by specific laws. and the corresponding regulation. Art. 51. Without prejudice to intellectual property rights, anyone who conducts research or works on 54 Machine Translated by Google on the environment and natural resources, will deliver a copy of the investigation or study to the Ministry of State of the Environment and Natural Resources. Art. 52. The Secretary of State for the Environment and Natural Resources will prepare and publish, every two years, a report on the state of the environment and natural resources, in accordance with the format and content established for this purpose by the administration and access regulations. system, based on environmental management units. Chapter VI ON SURVEILLANCE AND INSPECTION ENVIRONMENTAL Art. 53. The Secretary of State for the Environment and Natural Resources in coordination with the authorities competent, will carry out the surveillance, monitoring and inspection that it deems necessary for compliance with the this law, the sectoral laws, their regulations and other administrative provisions. Paragraph I. In order to comply with this article, authorized personnel will have access to the places or establishments subject to said surveillance, monitoring and inspection, and the owners, administrators or persons responsible for them must provide the necessary information and facilities. to carry out these tasks. Paragraph II. The Secretary of State for the Environment and Natural Resources may require from the natural or legal persons that it deems necessary, all information 55 Machine Translated by Google training that leads to verification of compliance with the standards prescribed by this law and its regulations. In turn, they will be obliged to respond to the requirements. Art. 54. The Secretary of State for the Environment and Natural Resources, based on the results of the inspections, will dictate the necessary measures to correct the go irregularities found, notifying the interested party and granting it a prudent term for its regularization . Art. 55. In situations of environmental emergency, the Secretary of State for the Environment and Natural Resources and the corresponding town hall, in coordination with the Secretary of State for Public Health and Social Assistance and related organizations, will immediately establish the measures security approved for the benefit of the common good. Chapter VII ON EDUCATION AND DISCLOSURE ENVIRONMENTAL Art. 56. The Secretary of State for the Environment and Natural Resources, in coordination with the Secretary of State for Education, will carry out environmental education programs –formal and non- formal– with the participation of public and private institutions that carry out educational activities. Art. 57. The Secretary of State for Education will incorporate as a transversal axis, environmental education with a interdisciplinary and mandatory character in the plans and 56 Machine Translated by Google programs of all grades, levels, cycles and teaching modalities of the educational system, as well as of the technical institutes, education, training, and teaching updating, in accordance with the policy established by the state for the sector. Art. 58. The National Council of Higher Education, in coordination with the Secretary of State for the Environment and Natural Resources, will guarantee the incorporation of the environmental dimension in the curricula of undergraduate and graduate, curricular and extracurricular, aimed at the training and improvement of professionals from all branches, in the perspective of contributing to the sustainable use of natural resources and the protection and improvement of the environment. Chapter VIII RESEARCH SCIENTIFIC AND TECHNOLOGY Art. 59. The Dominican State will promote and encourage the applied scientific and technological research in the area of the environment and natural resources for sustainable development. Art. 60. Within the year of the promulgation of this law, the Secretary of State for the Environment and Resources Naturales, in coordination with the pertinent organisms and institutions, will proceed to elaborate and put into execution the permanent program of scientific research and environmental technology for sustainable development. 57 Machine Translated by Google Art. 61. The Secretary of State for the Environment and Natural Resources will promote a research policy and extension, about the general state and potentialities of the environment and natural resources; So Likewise, it will encourage higher education institutions and research centers to carry out training programs for specialists and promote scientific and technological research on the subject. Art. 62. Natural or legal persons engaged in to research activities on the environment and natural resources, whose results serve as a basis for improving environmental quality and the sustainable use of natural resources, may receive incentives in accordance with the regulations that will be prepared for this purpose. Chapter IX OF THE INCENTIVES Art. 63. The State recognizes the environmental services that offered by the different natural resources and will establish a procedure for including in the national accounts set values. Paragraph. In the case of natural resources owned of the nation, the value of the environmental services they offer will be used to ensure their quality and quantity through conservation and sustainable use measures. Art. 64. The Secretary of State for the Environment and Natural Resources will create the necessary mechanisms, and will issue the rules for the recognition of environmental services. 58 Machine Translated by Google biental. When these services come from resources of patrimony of the Nation, the benefits generated must be reinvested in improving the quality of the environment and in reducing the vulnerability of the territory from which they come. Art. 65. Investments to protect or improve the environment environment and make sustainable use of natural resources, will be subject to incentives that will consist of exemption, partial or total, of taxes and import fees, value added taxes, and shorter depreciation periods, in accordance with the regulations. Paragraph. The Secretary of State for the Environment and Natural Resources will qualify and certify the investments referred to in this article, according to the corresponding regulations, prepared by the Secretary of State. Finance and approved by the Executive Power. Art. 66. The national environmental award is established, which will be awarded periodically by the Executive Power, as Recognition of natural or legal persons and institutions that have stood out in the protection of the environment and sustainable management of natural resources, or in the execution of environmentally sound processes in the country. Art. 67. Companies that implement the management system within the principles of the ISO 14000 standards or any other extra protection and environmental guarantee system, they will benefit according to the regulations prepared for such purposes. Art. 68. The means of social communication that grant free time or space for the dissemination of duly authorized environmental education campaigns, 59 Machine Translated by Google may enjoy tax incentives, in accordance with the rules minds. Art. 69. The State will promote investments for the recycling of domestic and commercial waste, for its industrialization and reuse, in accordance with the procedures technical and sanitary approved by the Secretary of State Environment and Natural Resources. Art. 70. The Secretary of State for the Environment and Natural Resources, in coordination with the Secretary of State for Finance, will prepare a methodology and the pertinent procedures for the payment of fees for uses, discharge emissions and pollutants in receptor bodies, within the parameters and levels established in the environmental quality standards, based on the principles “paying user” and “who pollutes pays”. Chapter X FUNDS FROM THE SECRETARIAT OF STATE ENVIRONMENTAL AND RESOURCES NATURAL Art. 71. The National Fund for the Environment and Natural Resources is created to develop and finance programs and projects for protection, conservation, research, education, restoration and sustainable use, with legal status, independent heritage and administrative own tion, and with jurisdiction throughout the national territory. 60 Machine Translated by Google Art. 72. The operating resources of the Secretary of State Environment and Natural Resources and those of the Fund National Environment and Natural Resources will be integrated with the resources from the granting of environmental licenses and permits, for 25% of the royalties for concessions or contracts for the exploration and exploitation of natural resources, payment of fines for environmental infractions, payment of fees for environmental services, proceeds from the auction or public sale of assets and products seized for having been used illegally environmental, for national and international donations granted for this purpose, for goods and legacies that are granted, for the budget items that are allocated in the national budget. Paragraph. The National Fund for the Environment and Natural Resources will be responsible for no less 33% of the resources raised that do not correspond to the budget allocation of the Secretary of State for Environment and Natural Resources. Art. 73. The resources from the payment of fines will be used, primarily, to finance the education, recovery and improvement projects of environmental quality. Art. 74. The management and administration of the National Fund for the Environment and Natural Resources will be charge of a council, made up of the Secretary of State of the Secretary of State for the Environment and Natural Resources, or his representative, who will preside over it; the Secretary of State for Finance, or his representative; the director of the National Planning Office, or his representative; the general secretary of the Dominican Municipal League, or his representative; an executive director, who ac 61 Machine Translated by Google will act as secretary, appointed by decree of the Executive Power, with voice, but without the right to vote; two representatives from universities (public and private); a representative of the business sector; four representatives of community organizations that work in the area of the environment environment and natural resources, representing the regions north, south, east and west, from shortlists submitted by their respective organizations to the Secretary of State for the Environment Environment and Natural Resources, and designated through executive decree. Art. 75. The Office of the Comptroller General of the Republic must supervise the management of the resources of the National Fund for the Environment and Natural Resources. Chapter XI ON EMERGENCIES ENVIRONMENTAL AND DECLARATION OF AREAS UNDER RISK ENVIRONMENTAL Art. 76. The consequences of environmental disasters caused by negligence will be the exclusive responsibility of the persons or entities causing them, which must replenish or restore the areas or resources destroyed or affected, if possible, and respond criminally and civilly for the damages caused. Art. 77. All State agencies and private institutions will develop training actions to your staff about the contingency plans that are adopted in the event of an environmental disaster, for which 62 Machine Translated by Google it will establish the due institutional coordination, especially with the Civil Defense. Art. 78. The Executive Branch, at the proposal of the Secretary of State for the Environment and Natural Resources, may declare as areas of environmental risk at their various levels, the areas whose contamination index exceeds the permissible limits and which constitute a danger. real identified for health and the environment. The necessary control measures will be applied in them. 63 Machine Translated by Google Title III PROTECTION AND QUALITY OF ENVIRONMENT Chapter I STANDARDS GENERAL Art. 79. The Secretary of State for the Environment and Natural Resources, prior technical opinion: 1) It will issue standards and parameters of environmental quality and will monitor and control the fixed and mobile sources of pollution and pollutants; 2) It will issue quality standards and regulations for ecosystems, which will serve as guidelines for environmental management; 3) It will issue standards and parameters for the discharge of liquid and solid waste, emissions into the atmosphere, noise and visual pollution; 4) It will issue regulations on the location of polluting or risky activities and on the areas of influence of the same. Paragraph. Municipal councils may issue regulations of the types mentioned in this article with exclusive application in the territorial scope of its competition and to resolve special situations, provided that they guarantee a level of protection to the environment, human health and natural resources, greater than that provided by national standards. The monitoring and control of regulatory compliance municipal environment will be the sole responsibility of the corresponding municipality, without prejudice to the 64 Machine Translated by Google competence of the Secretary of State for the Environment and Natural Resources, as provided by this law and its regulations. Art. 80. All processes, machinery and equipment, supplies, products and waste, whose manufacture, import, export, use or handling, may damage the environment, natural resources, or affect human health. where. Art. 81. The legal provisions that establish the standards of environmental quality must set the schedules of compliance, which will include relevant deadlines set by specific regulations to characterize the effluents, emissions or environmental impacts and to carry out the actions or introduce changes in processes or technologies to conform to standards. Art. 82. The dumping of substances or waste is prohibited contaminants in soil, rivers, lakes, lagoons, streams, reservoirs, the sea and any other body or water course. Paragraph. The Secretary of State for the Environment and Natural Resources, in consultation with the Ministry of State of Public Health and Social Assistance, and any other official dependency involved, will issue and apply guidelines for the disposal, storage or final disposal of toxic and hazardous waste. For it will issue the list of the same, which will be updated in accordance with scientific knowledge, available information and international agreements on the matter ratified by the Dominican State. 65 Machine Translated by Google Art. 83. The natural or legal persons responsible for an activity that by their own or fortuitous actions have caused environmental degradation, they will immediately take the necessary measures to control its effect and will notify the Secretary of State for the Environment and Natural Resources and Public Health and Assistance Social or other related official dependencies. Art. 84. The importation of equipment, processes or systems and materials that use atomic energy or any radioactive material, will be regulated by the Secretary of State for the Environment and Natural Resources, in coordination with the competent authority. Art. 85. Industrial, commercial or service activities, and risky processes and products in accordance with what is established in this law and in the lists issued by the Secretary of State for the Environment and Natural Resources, They will be handled in accordance with the guidelines and procedures issued by it. These guidelines will include rules about the location, construction, operation and plans rescue, to reduce the risk and impact of a possible accident, according to the regulations. Chapter II POLLUTION OF THE WATERS Art. 86. It is prohibited to locate all types of facilities in the areas of influence of water supply sources for the population and industries, whose residuals, still treated, present potential risks of contamination of order physical, chemical, organic, thermal, radioactive or of any 66 Machine Translated by Google any other nature, or present potential risks of pollution. Art. 87. The obligatory delimitation of zones of protection around bodies of water, works and hydraulic installations, as well as natural channels and artificial, in order to avoid the dangers of contamination, logging or other forms of degradation. The requirements for the aforementioned protection zones will depend on the use to which the waters are destined and the nature of the facilities. Paragraph. The companies or institutions that manage wastewater management services in a high quality will be responsible for compliance with the standards and parameters in force with regard to discharges of domestic wastewater, or of other types discharged through the municipal sewer. Art. 88. The Secretary of State for the Environment and Natural Resources, as the competent authority, will determine, in consultation with the sectors involved, the destination of wastewater, the characteristics of the receiving bodies and the required prior treatment, as well as the permissible pollution loads. Paragraph. The companies or institutions that manage wastewater management services in a high quality will be responsible for compliance with the standards and parameters in force with regard to discharges of domestic wastewater, or of other types discharged through the municipal sewer. Art. 89. Residual water may only be used after having been subjected to treatment processes that guarantee compliance with current regulations 67 Machine Translated by Google depending on the use for which they will be destined, in consultation with the Secretary of State for Public Health and Social care. Chapter III CONTAMINATION GROUND Art. 90. In order to avoid contamination of the soils, it is prohibited: 1) Deposit, infiltrate or bury polluting substances, without prior compliance with the established standards; 2) Use for irrigation water contaminated with organic waste, chemicals, pesticides and fertilizers minerals; as well as the wastewater from livestock and sewage companies, lacking the regulated quality; 3) Use mineralized water for irrigation, except in the manner provided by the competent state agency; 4) Use chemicals for agricultural purposes or others, without the prior authorization of the competent state agencies; 5) Use any product prohibited in your country originally. Art. 91. Any activity that produces salinization, laterization, aridization, desertification, as well as any other degradation of the soil, outside the established parameters, is prohibited. 68 Machine Translated by Google Chapter IV POLLUTION ATMOSPHERIC Art. 92. The Secretary of State for the Environment and Natural Resources, in coordination with the Secretary of State for Public Health and Social Assistance, and the city councils, will regulate the actions, activities or factors that may cause deterioration and/or degradation of the quality of the air or the atmosphere, depending on what is established in this law, and in the sectoral law and the regulations on the protection of the atmosphere are elaborated. Art. 93. The Secretary of State for the Environment and Natural Resources, in coordination with the Secretary of State for Public Works and the municipalities, will regulate the control of gas emissions and harmful and polluting noise caused by motor vehicles, power plants, other internal combustion engines, boilers and industrial activities. Art. 94. Smoking is prohibited in closed public places, except for those areas established for that purpose. Art. 95. The protection of the ozone layer and the gradual reduction, until the total elimination, of the use of substances and products that cause deterioration, impairment, contamination or other effects harmful to the atmosphere and stratosphere. The preparation and application of a national program to replace the use of substances that deplete the ozone layer is ordered. Art. 96. The State shall take all necessary measures to prevent the production, importation, sale and use of gasoline containing tetraethyl lead. 69 Machine Translated by Google Chapter V OF THE ELEMENTS, SUBSTANCES AND HAZARDOUS PRODUCTS Art. 97. The Dominican State will adopt the regulatory norms to identify, minimize and rationalize the use of elements, combinations and chemical, synthetic or biological substances that can endanger life or health of those who handle them, as well as the occurrence of accidents related to its handling. Paragraph. Any person who handles hazardous waste must be instructed in the knowledge of the physical, chemical and biological properties of these substances. and the risks they entail. Art. 98. The regulations of this law will include the list of dangerous substances and products and their characteristics, and said list may be updated by resolution substantiated information from the Secretary of State for the Environment and Natural Resources, after consultation with the Secretary of State for Public Health and Social Assistance. For ensure the management of said substances, the Ministry of State of the Environment and Natural Resources will issue relevant standards and guidelines, which shall include procedures for labeling them, according to international standards. Art. 99. Whoever imports, manufactures, stores or distributes dangerous substances or products must have knowledge basics of the physical, chemical and biological properties of these substances or products; You should also make sure that they contain the corresponding label in accordance with with its classification in a clear place and in legible letters, in Spanish language, with the specifications for its management. 70 Machine Translated by Google Art. 100. It is prohibited to import toxic waste according to with the classification contained in the international conventions on the matter approved by the Dominican Republic, or the one established by the Secretary of State Environment and Natural Resources, in consultation with the Secretary of State for Public Health and Social Welfare, as well as prohibiting the use of the national territory as transit for these residues and as their deposit. Art. 101. The importation, manufacture, elaboration, handling, use, accumulation, evacuation and final disposal of radioactive substances or chemical combinations or synthetic, biological, waste and other matter, which by their high-risk nature may cause damage to the health of human beings, the environment and natural resources, will be regulated by the Secretary of State Environment and Natural Resources. Paragraph. The Secretary of State for the Environment and Natural Resources will regulate the management of substances, garbage, and hazardous waste, based on the principle that whoever establishes the risk must be responsible of the cost of the entire process of its disposal or deposit in the site authorized by the Secretary of State for the Environment and Natural Resources. Art. 102. Any accident or extraordinary event with real or probable environmental impact, loss of life or injuries, or the imminent risk of their occurrence, occurring or likely to occur, in human settlements, industries, facilities or in places where there are deposits of dangerous substances, you must be notified immediately to the Civil Defense office, the Fire Department, the Secretary of State for 71 Machine Translated by Google Environment and Natural Resources and the Secretary of State of Public Health and Social Assistance of the locality, by the owners, directors or representatives of the community, company or installation generating the event, or by any citizen who becomes aware of it. Art. 103. When for reasonable reasons, established by the competent authority, it was not possible to return to the country of origin the harmful elements mentioned in articles 104 and 105 of this law, it will proceed, prior to confiscation carried out by the Secretary of State for the Environment Environment and Natural Resources, to their neutralization and final disposal under conditions of environmental safety. These operations will be carried out on behalf of those who have introduced them into the country and the payment of a fine equivalent to at least five times the cost in the market for the product, plus the costs of its harmlessness. Art. 104. Metals, articles and radioactive substances or hazardous materials and their waste, as well as apparatus and equipment that use such materials, will be processed, handled, possessed, imported, exported, transported, deposited, used, disposed of, or otherwise disposed of with the rules and regulations formulated by the Secretary of State for the Environment and Natural Resources. Art. 105. The Secretary of State for the Environment and Natural Resources may authorize the export of toxic waste when there is no adequate procedure in the country for the deactivation or elimination of the same; For this, the prior and express consent of the receiving country will be required to eliminate them in its territory, according to international conventions ratified by the State. 72 Machine Translated by Google Chapter VI GARBAGE AND DOMESTIC WASTE AND MUNICIPAL Art. 106. Municipal councils will operate collection, treatment, transportation and disposal systems. disposal of non-hazardous solid waste within the municipality, observing the official standards issued by the Secretary of State for the Environment and Natural Resources, jointly with the Secretary of State for Public Health and Social Assistance, for the protection of the environment and health. Art. 107. The placement, launching and final disposal of solid or liquid waste, toxic or not, in places not established for it by the competent authority attempted. Paragraph I. Under no circumstances shall the operation of municipal landfills in the vicinity of beds, fountains, bodies of water, or in those places where runoff and infiltration can contaminate it. Paragraph II. It will be essential to be able to establish and put into operation a municipal landfill, carry out the pertinent environmental evaluation study, in accordance with the provisions of article 38 and following of this law. Art. 108. Solid waste classification systems will be implemented in all public institutions, prior to their shipment to final disposal sites. 73 Machine Translated by Google Chapter VII SETTLEMENTS HUMAN AND POLLUTION SONIC Art. 109. It is the responsibility of the State to guarantee that human settlements are the subject of planning adequate, which ensures a balanced relationship with the natural resources that serve as support and environment. Paragraph . It will be the responsibility of the municipalities municipalities and the National District, require the environmental studies corresponding to the proponents of projects of urban and suburban development and expansion, in its area a of influence, in coordination with the Secretary of State for Environment and Natural Resources, without which authorizations or permits may not be granted for new civil and development works, or modifications of existing ones. Art. 110. Human settlements may not authorize czar: 1) In beds, riverbeds or dejection areas, area exposed to marine variations, floodplains, swamp or fill, near industrial areas, bases military, dumps, municipal landfills, deposits or hazardous substance facilities; 2) In places where there are certain probabilities of the occurrence of overflow of aguadas, landslides and any condition that constitutes danger to the life and property of people. Paragraph. The State will prepare a relocation plan for the transfer of human settlements that, at the time of entry into force of this law, are located in the places indicated in the previous part of this 74 Machine Translated by Google same item. For such purposes, it will identify and consign in the national budget the corresponding items for its execution within a prudent and reasonable term and to the extent possible. Art. 111. The Secretary of State for the Environment and Natural Resources, in coordination with the municipalities municipal authorities and other corresponding authorities, will ensure that urban development programs and regulations pay special attention to the zoning of human settlements, the delimitation of industrial areas, services, residential, urban-rural transition, green spaces and contact with nature. Art. 112. Civil engineering works and structures, prin cipally dwellings and other buildings housing beings humans, will be designed and built according to anti-seismic standards and preventive measures against possible fires and with materials that can withstand earthquakes and hurricanes, in addition to the necessary provisions to minimize their damage. Paragraph. The Secretary of State for Public Works and Communications, in coordination with the Secretariat of State of the Environment and Natural Resources, will be the responsible for enforcing this article, for which which will submit the corresponding regulation to the approval of the Executive Branch. Art. 113. Industries, warehouses and other facilities which by their nature can cause environmental degradation, should be located in remote areas of the settlements humans. Paragraph I. It will be the responsibility of the Secretariat of State of the Environment and Natural Resources, the 75 Machine Translated by Google City Council of the National District and the municipalities municipal authorities, prohibit and control the construction of houses, residential projects or the like around industrial sectors, for which no right will be granted. authorization type. Paragraph II. It will be the responsibility of the Secretary of State for the Environment and Natural Resources, the City Council of the National District and the municipal councils, to prohibit and control the establishment of industries and companies or the like around the housing sectors. which , no type of authorization will be granted. Paragraph III. Facing the conflicts that arise and with the purpose of seeking viable solutions, in the cases established with conflicts at the time this law enters into force, the corresponding environmental studies will be carried out, serving the Secretary of State of the Environment and Natural Resources as arbitrator in the mitigation process. Art. 114. The Secretary of State for the Environment and Natural Resources, in coordination with the municipalities municipal authorities and the municipal police, will regulate the issuance of noises and annoying or harmful sounds to the environment and health, in the air and in the residential areas of the areas urban and rural, as well as the fixed or ambulatory use of loudspeakers. Art. 115. The emission of noise produced by the lack of the exhaust silencer or its faulty operation, of power plants, motor vehicles, as well as the use in private vehicles of sirens or horns, which, due to the nature of their utility, correspond to police services, ambulances, firefighters or maritime vessels. 76 Machine Translated by Google Title IV RESOURCES NATURAL Chapter I OF THE RULES COMMON Art. 116. The conservation, use and exploitation of the natural resources will be regulated by this law, the sectoral and/or special laws and their respective regulations, and by the provisions and regulations issued by the competent authority in accordance with this law. The state may granting rights for the use of resources by concession, permits, licenses and quotas. Art. 117. To achieve the conservation, use and sustainable use of natural resources, both terrestrial and marine, must be taken into account, among others, the following criteria: 1) The ecological function of the resource; 2) The peculiarity of it; 3) The fragility; 4) The sustainability of the proposed management; 5) The plans and priorities of the country, region and province where the resources are located. Paragraph I. Prior to the granting of permits, with assignments and signing of contracts for the rational exploitation of natural resources, the State will request and take into account the opinion of the municipal governments and the representative social organizations of the respective municipalities. Paragraph II. When it comes to natural resources 77 Machine Translated by Google renewable energy, the municipality or municipalities where said exploitation, they will receive five percent (5%) of the net benefits generated. Art. 118. The State, for reasons of public interest, may limit in total or partial form, permanent or transitory, the use and exploitation of natural resources. Is The matter will be regulated through sectoral laws, regulations or administrative or special provisions for each resource. Art. 119. Sectoral and/or special laws that regulate ownership, conservation, use and exploitation of the natural resources must be framed in what is established in this law. Chapter II OF THE FLOORS Art. 120. The Secretary of State for the Environment is ordered Environment and Natural Resources the elaboration and application of rules and parameters of zoning or ordering of the territory, which clearly determine and delimit the potential and the uses that must or can be given to soils, according to their capacity, their particular potentialities and their specific environmental conditions. Art. 121. Those who carry out agricultural, livestock or forestry must conserve, rehabilitate or increase the productive capacity of the soils, using techniques and appropriate exploitation and conservation methods, preventing their degradation or sterilization. 78 Machine Translated by Google Art. 122. It is prohibited to give to mountainous soils with slopes equal to or greater than sixty percent (60%) of inclination the use of intensive tillage: plowing, removal, or any other work that increases the erosion and sterilization of the same, allowing only the establishment of permanent plantations of fruit bushes and timber trees. Paragraph I. Preference will be given to the maintenance of native forest cover, the development of combinations that include perennial and cover crops, and techniques agroforestry that guarantee their protection, production and the natural storage of water. Paragraph II. On steeply sloping soils referred to in this article, will not be applied the provisions of the laws on Agrarian Reform, nor may be subject, as of the enactment of this law, to human settlements, or to activities agricultural or of another nature that endanger soil stability and national infrastructure works. Art. 123. Preferably, soils with productive agricultural capacity classes I, II and III will be used for food production. Any other use must be approved by the Secretary of State for the Environment and Natural Resources. Art. 124. Any natural or legal person, private or public, that carries out geological, pedological exploitation, extraction of minerals or aggregates, as well as construction of roads, embankments, dams or reservoirs, or that executes any other activity or work that may affect the soil, is obliged to adopt the necessary measures to avoid its degradation and to achieve its rehabilitation immediately conclude each stage of intervention. 79 Machine Translated by Google Art. 125. The cost of soil rehabilitation will be at charge of the executors of the intervention that caused their degradation or contempt. Chapter III OF THE WATERS Art. 126. All the waters of the country, without any exception, they are property of the State and their domain is inalienable, imprescriptible and unattachable. There is no private ownership of the waters or acquired rights over them. Art. 127. Every person has the right to use water to satisfy their vital needs for food and hygiene, that of their family and their animals, provided that with this does not cause harm to other users or imply diversions or contention, nor the use of machines or the performance of activities that deteriorate and/or undermine in any way the channel and its margins, alter it, contaminate it or make it impossible for it to be used by third parties. Art. 128. The use of water can only be granted in harmony with the social interest and the development of the country. Art. 129. The National Land Management Plan will establish the hydrological zoning, prioritizing the areas for water production, conservation and forest use, among others, and guaranteeing a mandatory protection strip of thirty (30) meters on both banks of river currents, as well as around lakes, ponds and reservoirs. 80 Machine Translated by Google Art. 130. In the construction of reservoirs, regardless of their purposes, it is mandatory, before proceeding to close the dam, to remove the vegetation and everything that may affect the quality of the water from the body of the dam. and possible fishing exploitation. Art. 131. The use of surface waters and the extraction of the underground ones will be carried out in accordance with the capacity of the basin and the qualitative state of its waters, according to the evaluations and opinions issued by the Secretary of State for the Environment and Natural Resources. Art. 132. In hydrographic basins, whose waters are used for public supply, the Ministry of State of the Environment and Natural Resources will establish restrictions on use to guarantee, maintain and increase the quality and quantity of water. Art. 133. The dumping of debris or rubbish in karstic areas, riverbeds and streams, caves, sinkholes, ground depressions and drains. Art. 134. Los efluents of the residual liquid water They must be treated in accordance with the regulations in force, before their final discharge. Art. 135. The Secretary of State for the Environment and Natural Resources, after evaluating it, will decide on the authorization requests, granting or permission to exploitation, use or exploitation of residual waters, imposing in each case the necessary conditions so that there is no contamination of the environment or affect the health of human beings. 81 Machine Translated by Google Chapter IV ON DIVERSITY BIOLOGICAL Art. 136. It is declared of high national interest: 1) The conservation of flora and fauna species native and endemic species, promoting their reproduction and multiplication, as well as the preservation of the natural ecosystems that serve as habitat for those species of native and endemic flora and fauna whose survival depends on them, which will be subject to rigorous on-site protection mechanisms; 2) The identification, classification, inventory and the scientific study of the components and habitats of the species that make up the national biological diversity; 3 ) Ensure maintenance of balance appropriateness of representative ecosystems of the diverse biogeographical regions of the Republic; 4) Facilitate the continuity of evolutionary processes your; 5) Promote the collective defense of ecological components, and 6) Seek community participation in the conservation and rational use of genetic resources, as well as ensure a fair and equitable distribution of the benefits derived from its proper management and utilization. Art. 137. It is the duty of the State and all its inhabitants to ensure the conservation and sustainable use of biological diversity and of the national genetic heritage, in accordance with the principles and standards established 82 Machine Translated by Google in national legislation and in international treaties and agreements approved by the Dominican State. Art. 138. The destruction, degradation, reduction or reduction of natural ecosystems and species of wild flora and fauna, as well as the collection of Specimens of flora and fauna without the proper authorization from the Secretary of State for the Environment and Natural Resources. Art. 139. The competent instances of the Secretary of State for the Environment and Natural Resources will elaborate the list of endangered, threatened or protected species, which will be subject to rigorous control and protection mechanisms in situ and ex situ, that guarantee its recovery and conservation in accordance with special laws and international agreements approved by the Dominican State. Art. 140. In relation to the species of flora and fauna declared as threatened, in danger or in danger of extinction by the Dominican State or by any other country, in accordance with the international treaties signed by the Dominican State, hunting, fishing, capturing, harassment, mistreatment, death, trafficking, importation, exportation, trade, manufacture or production of handicrafts, as well as illegal display and possession. Art. 141. In order to regulate the protection and preservation of the biological diversity of the country, a term is established maximum of one (1) year, from the effective date of this law, for the Secretary of State for the Environment and Natural Resources to present a biodiversity bill which should reflect, among other aspects, what refers to: 83 Machine Translated by Google 1) Protected natural areas; 2) Genetic resources; 3) Animal and plant species; 4) Conservation of species in situ and ex situ; 5) Use and sustainable use of biodiversity resources. Art. 142. In order to safeguard biological diversity, the Secretary of State for the Environment and Natural Resources may: 1) Establish closure systems; 2) Set quotas for hunting and capturing species of fauna; 3) Retain shipments of wildlife products, both those originating in the country and those in transit, in any phase of its shipment or transfer, when it presumes that it is illegal trade or the provisions of this law and its regulations and the international conventions approved by the State are violated, being exempt from any kind of liability. Art. 143. The capture or hunting of specimens of wild fauna for economic, sporting or any other purpose. another type, can only be carried out under strict compliance with the provisions established in the laws in force. Art. 144. The introduction into the country of species or specimens of exotic fauna and flora that: 1) May harm natural ecosystems or endemic and native fauna and flora; 84 Machine Translated by Google 2) They can become a plague; 3) May endanger the life or health of human beings or other living species; Y 4) They can serve as objects or as participants active in hunting activities, violent competitions, bets of any kind, tournaments or races, that imply or tend to the elimination, sacrifice, mistreatment, Harassment or torture of the single specimens involved or their offspring. Paragraph. The Secretary of State for the Environment and Natural Resources, in relation to subsection 4, may authorize them when it deems it pertinent, for special reasons. Chapter V RESOURCES COASTAL AND MARINE Art. 145. Maritime-terrestrial or coastal public domain assets belong to the Dominican State and, therefore, they are inalienable, imprescriptible and unattachable. All citizen has the right to its full enjoyment, except for the limitations imposed by national security, which will be object of regulation. Art. 146. The Dominican State will ensure the protection of the spaces that comprise the maritime-terrestrial or coastal public domain assets and will guarantee that the aquatic, geological and biological resources, including flora and fauna included in them, are not subject to destruction, degradation, impairment, disturbance, contamination, inadequate modification, diminution or drainage. 85 Machine Translated by Google Art. 147. Maritime-terrestrial public domain assets very sound: 1) The shores of the sea and the estuaries, which includes: • The maritime-terrestrial area or space between the low tide line, listing or equinoctial live maximum and the limit to where the waves reach in the largest known temporary or, when it exceeds it, that of the line of equinoctial live maximum high tide. This area extends also by the margins of the rivers to the place where the effect of the tides becomes noticeable; • The maritime strip of sixty (60) meters wide to from high tide, as prescribed by law 305, dated April 30, 1968; • The marshes, lagoons, marshes, estuaries; • Low-lying land that is flooded as a result from the ebb and flow of tides, waves or the seepage of sea water; • Beaches or deposit areas for loose materials such as sand, gravel and pebbles, including escarpments, berms and dunes, with or without vegetation, formed by the action of the sea or the marine wind, or other natural or artificial causes; 2) The territorial sea and internal waters, with their bed and subsoil; 3) The natural resources of the economic zone and the Continental shelf; 4) Accessions to the shore of the sea by deposit of materials or by withdrawal from the sea, whatever be the causes; 5) The land reclaimed from the sea as a direct or indirect consequence of works, and the dried up on its shore; 86 Machine Translated by Google 6) The lands invaded by the sea that pass to be part of your bed for any reason; 7) The substantially vertical cliffs that are in contact with the sea or with maritime-terrestrial domain spaces until their crowning; 8) Land demarcated as public domain that, for whatever reason, have lost their characteristics natural beaches, cliffs or maritime-terrestrial areas; 9) The islets and keys in inland waters and territorial sea, or those that are formed or are formed by natural causes; 10) The land incorporated by the concessionaires to complete the surface of a maritime-terrestrial public domain concession; 11) The land adjoining the sea shore that are acquired for incorporation into the public maritime- terrestrial domain; 12) The works and installations built by the Es ted in said domain; 13) Coastal works and installations and maritime signaling; 14) Ports and port facilities; Art. 148. The granting of permits to individuals and concessions for the usufruct and exploitation of space coastal-marine and its resources, will be done as long as the environmental assessment determines the adequacy with the their conservation and protection. Art. 149. The Dominican State will regulate, by means of a special law, subsistence, commercial and 87 Machine Translated by Google industrial. It will determine the methods and practices of fishing, the introduction, transplantation, cultivation and breeding, the places and the dates, the species that can be captured, their size, its sex and the number of copies that is allowed cap stands. Art. 150. The owners of the land threatened by the invasion of the sea or the sands of the beaches, due to natural or artificial causes, may build defense works, under authorization granted by the competent authority, after carrying out the environmental impact study. Art. 151. Residual substances originating from economic and social activity, including those from shipping vessels. any type and nationality, must receive adequate treatment before being discharged into jurisdictional waters or in the economic zone of waters immediately above the coast, outside the territorial sea, in the extension established by law, according to national regulations and contained in international agreements related to the protection of the marine environment, approved by the State. These discharges will be carried out prior approval of the Secretary of State for the Environment and Natural Resources. Art. 152. In order to prevent pollution of the marine and coastal environment by hydrocarbons and other substances harmful and dangerous, the dumping of: 1) Bilge, ballast or tank washing water, at a distance less than that established in the provisions in force; 2) Residuals produced by the exploration and exploitation of oil wells located in places where they can affect the coastal zone; 88 Machine Translated by Google 3) Industrial waste, whose content of hydrocarbons and other harmful and dangerous substances exceeds the established standard. Art. 153. The dumping of garbage or waste of any kind on the coasts, keys, sand beaches or in the waters that surround them is prohibited. Chapter VI OF THE FORESTS Art. 154. The management and use of forests and forest soils must be sustainable. A special law will regulate the integral forest management and the sustainable use of the resources of the forest for the purposes of its conservation, exploitation, production, industrialization and marketing, as well as the preservation of other natural resources that are part of its ecosystem and the environment in general. Art. 155. The Secretary of State for the Environment and Natural Resources will classify the forests according to their purpose, considering the aspects of conservation, protection and production. Art. 156. The destruction of native forests is prohibited. Art. 157. The use of forest plantations made for commercial purposes will be allowed in the middle and lower basins, as well as in the flat lands that are dedicated to the commercial production of tree species and timber. 89 Machine Translated by Google Paragraph I. Forest regulations shall be governed by the sectoral law, and until the national forest inventory of native forests is carried out, the cutting, exploitation, sawing and industrialization of native trees is prohibited. Paragraph II. In order to update the existence of the national forest reserve of native forests and artificial plantations for commercial purposes, a maximum term of one (1) year is established, from the effective date of this law, for the Ministry of State of the Environment and Natural Resources plans and executes a national inventory, which must reflect, among other aspects, what refers to: 1) Native forests in native protected areas; 2) Native forests corresponding to protection category; 3) Native forests corresponding to the category of protection and production; 4) Native forests corresponding to production category; 5) Artificial forests corresponding to the category of protection and production; 6) Artificial forests corresponding to production category. Art. 158. All owners of rural areas must maintain or recover a minimum percentage of forest cover, which will be defined by the Secretary of State for the Environment and Natural Resources for each of the Environmental Management Units. 90 Machine Translated by Google Art. 159. The establishment of commercial forest plantations for the purpose of exploiting timber, energy, industrial, food and ornamental. Paragraph. All forest exploitation projects must be carried out in accordance with the management plan corresponding, which must be formulated by providers of forest services, similar to those that stipulates this law in its article 42. Chapter VII OF THE CAVES, CAVES AND THE ENVIRONMENT UNDERGROUND Art. 160. The natural patrimony of the nation is declared caves, caverns and other natural underground cavities of the national territory. Any physical alteration is prohibited of its natural and cultural characteristics, as well as the extraction of its secondary formations, paleontological, archaeological or any other kind of natural or cultural materials from its interior, and the introduction of waste and objects of any kind that may alter the conditions of the existing ecological balance. Art. 161. Special emphasis will be placed on the protection of underground aquifers, avoiding any type of contamination or use contrary to the interest of this law. Paragraph. The cavities that, for justified reasons, must be modified must be notified to the Secretary of State for the Environment and Natural Resources, which may issue a certification, after raising 91 Machine Translated by Google caving that will determine whether or not the cavity is of such importance as to be preserved from any modification. Chapter VIII RESOURCES MINERS Art. 162. In the use of mining resources, including its extraction, concentration, benefit and refining, the concessionaires will be obliged to: 1) The proper disposal or disposal of waste materials, toxic or not, according to the project operational and closure plan; 2) Rehabilitate the areas degraded by their activity, as well as the areas and ecosystems linked to them that may be damaged or, failing that, carry out other activities aimed at protecting the environment, under the terms and conditions established by the Secretary of State for the Environment and Natural Resources. Paragraph. To guarantee the provisions of this article, the Secretary of State for the Environment and Natural Resources will require mining concessionaires to provide insurance or a bond in favor of the State Dominica no. Art. 163. Concessionaires, once work has begun, must report periodically to the Secretary of State for the Environment and Natural Resources on the progress of the works and their effect on the environment environment and natural resources. Secretary of State 92 Machine Translated by Google of the Environment and Natural Resources must compare such reports with the results of monitoring, supervision, based on the corresponding environmental license or permit. Art. 164. The extraction of rock, sand, gravel and gravel, the industrialization of salt and lime and the manufacture of cement, They will be subject to the technical standards established by the specific law and its regulations, in order to avoid the negative impact that said activities may produce on the environment and human health. 93 Machine Translated by Google Title V OF THE SKILLS, RESPONSIBILITY AND SANCTIONS IN MATTER ADMINISTRATIVE AND JUDICIAL Chapter I OF THE ATTORNEY'S OFFICE FOR DEFENSE ENVIROMENT AND RESOURCES NATURAL Art. 165. The Attorney General's Office for the Defense of the Environment and Natural Resources is created, as a specialized branch of the Attorney General's Office of the Republic. The Office of the Attorney for the Defense of the Environment and Natural Resources will exercise the representation and defense of the interests of the State and society in this matter. Art. 166. The Office of the Attorney for the Defense of the Environment and Natural Resources will have the following powers: 1) Exercise the actions and representation of the interest public, as a procedural part, in all those trials for infringement of this law and other complementary legal provisions; 2) Exercise actions on behalf of the State arising from damage to the environment, regardless of those promoted by individuals who have suffered damage to their person or property. Also, it will exercise 94 Machine Translated by Google the other actions foreseen in this law, in the Law of Judicial Organization of the Republic and in the other pertinent laws. Chapter II COMPETENCES AND SANCTIONS ADMINISTRATIVE Art. 167. The Secretary of State for the Environment and Natural Resources is empowered to order the following measures: 1) Fine from half (1/2) minimum wage to three thousand (3,000) current minimum wages, on the date offense was committed, depending on the size of the natural or legal person who caused the damage and the magnitude of the damage caused; 2) Limitation or restriction of activities that cause damage or risk to the environment, or if it is the case, subjecting them to the modalities or procedures that make said damage or risk disappear; 3) Confiscation and/or seizure of objects, instruments, artifacts, vehicles, raw materials, products or articles, finished or not, used to cause the damage; Y 4) Prohibition or temporary or provisional suspension of the activities that generate the environmental damage or risk to be avoided and, in extreme cases, closure partial or total of the premises or establishment where it is carried out carry out the activity that has generated the violation of this law and other related ones. 95 Machine Translated by Google Paragraph I. Persons or legal entities that do not comply with the orders, summons and recommendations issued by the Secretary of State for the Environment and Natural Resources, will be subject to the temporary or definitive withdrawal of the authorization to exercise or carry out the activities that caused them, without prejudice to other sanctions that the competent court may dictate. Paragraph II. The measures referred to in this Article, they will be adopted and applied according to the corresponding administrative process by means of a reasoned resolution made in writing, which must be notified by means of a bailiff and may be appealed according to the administrative Procedure. Art. 168. The administrative resolutions issued by the Secretary of State for the Environment and Natural Resources are independent of civil liability or penalty that may arise from violations of this law. Chapter III OF THE RESPONSIBILITY CIVIL Art. 169. Without prejudice to the sanctions established by law, anyone who causes harm to the environment or natural resources natural, will have strict liability for damages that may cause, in accordance with this law and the complementary legal provisions. Likewise will be obliged to materially repair it, at its cost, if this is possible, and compensate him according to the law. 96 Machine Translated by Google Paragraph. The repair of the damage consists of the reestablishment of the situation prior to the fact, in the cases that it is possible, in the economic compensation of the damage and harm caused to the environment or to natural resources, communities or individuals. Art. 170. To determine the magnitude or amount of the damages incurred, the court will take into account the minutes taken by the technicians and inspectors and the reports of formal character evacuated from the Secretary of State of Environment and Natural Resources and other environmental agencies of the State, without prejudice to the expertise and expert opinions that the judge of the case requires, in accordance with official letter or petition. Art. 171. The official who, by action or omission, authorizes the performance of actions, activities or installations, that cause damage and harm to environmental resources, to the balance of the ecosystem, to the health and quality of life of the population, will be jointly and severally liable with who executed them. Art. 172. When in the commission of the act they participate two or more people, they will be jointly and severally liable for all the economic damages caused. In the case of legal persons, the liability provided for in this article shall be established when the management or administrative bodies of the same have already authorized the actions that caused the damage. Art. 173. The Secretary of State for Finance, at the proposal of the Secretary of State for the Environment and Natural Resources, will make the necessary provisions for the 97 Machine Translated by Google establishment of compulsory civil liability insurance to cover damage to the environment and natural resources caused accidentally. Chapter IV CRIMES AGAINST ENVIRONMENT AND RESOURCES NATURAL Art. 174. Anyone who is negligently or intentionally, by action or omission, transgresses or violates this law and other provisions that complement it, incurs a crime against the environment and natural resources and, therefore, will respond in accordance with them. Thus, from any aggression or crime against the environment and natural resources an action is born against the guilty or responsible party. Art. 175. They commit crimes against the environment and natural resources: 1) Whoever violates this law, the complementary laws, regulations and norms, and carries out activities that substantially or permanently damage natural resources; 2) Whoever produces alterations, damages or losses within the national system of protected areas and who cut or destroy trees in protected forest areas and in fragile areas, legally declared as such; 3) Whoever hunts, captures or causes the death of species declared in danger of extinction or legally protected; 98 Machine Translated by Google 4) Whoever uses explosives, poisons, traps or other instruments or arts that damage or cause suffering to species of terrestrial or aquatic fauna, whether they are endemic, native, resident or migratory; 5) Who violates the rules, parameters and limits permissible discharges or final disposal of substances legally defined toxic and dangerous substances, and discharge them in bodies of water, release them into the air or deposit them in places not authorized for it, or in authorized sites without permission or clandestinely; 6) Who violates the rules, parameters and limits allowable, and discharge untreated sewage into bodies of water or sewage systems, disposes of non-hazardous industrial solid waste in unauthorized sites or emits polluting substances into the air, gas leaks, biological and biochemical agents; 7) Who violates the relevant technical standards and generates or manages toxic or dangerous substances, transforms toxic or dangerous waste by transferring the contamination to another receiving medium, or whoever operates, stores or download on unauthorized sites; 8) Whoever violates the regulations contained in the environmental licenses or permits, or has obtained them using false data or altering the environmental logs on emissions and discharges, or the public official who grants such licenses or permits, without complying with the requirements of the environmental impact assessment process, when required by law. Art. 176. When any of the punishable acts described above have been committed by decision of the governing bodies of a legal person, within the activity that said person normally performs and with 99 Machine Translated by Google their own funds, in search of a profit or in their self-interest, regardless of the sanctions to that the immediate author of the crime becomes a creditor, the legal person will be sanctioned with a fine of five thousand (5,000) to twenty thousand (20,000) minimum wages, and according to the seriousness of the damage caused, the prohibition of carry out the activity that originated the illicit (or crime) for a period of one (1) month to three (3) years. In case of damage from Greater severity that entails intoxication of groups destruction of habitats or extensive irreversible contamination, the activity will be prohibited or closed definitive establishment, at the discretion of the judge. Paragraph. The judicial action derived from the crimes provided for by this law and complementary laws is of public order and is exercised ex officio, by complaint or by complaint. Chapter V COMPETENCE JUDICIAL Art. 177. The courts of first instance of the corresponding jurisdiction will be competent to judge in the first degree, violations of this law. Art. 178. Every person or association of citizens has active procedural legitimacy to enunciate and sue for any fact, action, factor, process, or the omission or obstruction of them, which has caused, is causing or may cause damage, degradation, impairment, contamination and/ or deterioration of the environment and natural resources. 100 Machine Translated by Google Paragraph . Likewise, they may demand before the Secretary of the State of Environment and Natural Resources and any other competent authority established by this law and current legislation, or before the Environment Attorney's Office Environment and Natural Resources, compliance with the obligations established by this law and other laws environmental standards, environmental quality standards, regulations, , opinions and resolutions, demanding the cessation, correction, or repair of the anomalous situation that drives or causes it, and the sanctions stipulated for offenders. Art. 179. They are holders of the environmental action, with the sole In order to stop the damage and obtain restoration, the natural or legal persons who have suffered the damage or damage, the Dominican State, through the Secretary of State for the Environment and Natural Resources and other State agencies with powers environmental. Art. 180. Any natural or legal person who has a legitimate interest in adopting the measures ordered by this law may intervene by providing evidence that are relevant to the case. Art. 181. The prosecuting magistrate, for the defense of the environment and natural resources of the corresponding jurisdiction, acting as judge of the complaint, is obliged, if it considers that the case has signs of seriousness, to give an expedited course, ex officio or before the complaints, complaints or referrals provided for in this law, in a period not exceeding three (3) business days, with the purpose that the anomalies or environmental damages are corrected as soon as possible and the infractions to the environmental laws are known by the corresponding court. 101 Machine Translated by Google Art. 182. The exercise of the environmental judicial action does not imply a waiver of the action for damages. Chapter VI SANCTIONS CRIMINAL Art. 183. The court of first instance of the jurisdiction The corresponding authority may dictate against natural or legal persons who have violated this law, the following sanctions or obligations: 1) Correctional prison from six (6) days to three (3) years and, if people have died as a result of the violation, the provisions of the Dominican Penal Code will apply; me 2) Fine of a quarter (1/4) of the minimum wage up to ten thousand (10,000) minimum wages in force in the public sector on the date the sentence is pronounced; me 3) The confiscation of raw materials, tools, equipment, instruments, machinery, transport vehicles, as well as products or articles, if any, that come from the violation committed, or were used in the perpetration of the criminal act, or may in themselves constitute danger to natural resources and the environment, or to human health; me 4) The obligation to financially indemnify people who have suffered damages; me 5 ) Temporary or definitive withdrawal of the authorization, license or permit to exercise or carry out activities that have caused, or may cause damage or harm; me 102 Machine Translated by Google 6) Destroy, neutralize or dispose of, in accordance with the procedures indicated by this law and the competent authority, the substances elaborated, manufactured, manufactured, processed or offered for sale, likely to cause damage to human health and the environment; me 7) The obligation to modify or demolish constructions that violate provisions on protection, conservation and defense of the environment and human beings; me 8) The obligation to return to their country of origin the dangerous or harmful substances and elements or combinations that have been imported in violation of the law; y/o 9) Install the necessary devices to stop o avoid contamination, impairment, decrease or degradation of the environment; me 10) The obligation to return the elements to the natural environment from which they were stolen; me 11) The obligation to repair, replace, indemnify, restore, restore or rehabilitate to its original state, to the extent possible, the natural resource eliminated, destroyed, impaired, diminished, deteriorated or modified. negatively. Paragraph . Objects, raw materials, machinery, instruments, vehicles, products or articles seized by order of the corresponding court, of in accordance with this article, or that have been confiscated or seized by the Secretary of State for the Environment and Natural Resources and that the court ratifies, that do not entail danger to people, natural resources or the environment and have value commercial, will be sold at public auction, and the five 103 Machine Translated by Google account percent (50%) of the amount of your sale will be used to repair environmental damage and fifty percent (50%) remaining, to compensate the damages in favor of the people harmed by their actions, if any. Otherwise, they will go to the perative fund of the Secretariat. of the State of the Environment and Natural Resources created in this law, prior deduction of legal expenses and selling. Art. 184. State officials who have expressly or through carelessness and indifference allowed the violation of this law, will be subject to the application of the penalties indicated in numerals 1 and 2 of the article precedent, regardless of the sanctions of an administrative nature that may be exercised against them, including the temporary or definitive separation of their functions. Art. 185. The sanctions established by this law will be applied by analogy in cases of violations of the provisions contained in the other laws or decrees that complement this law, and any other existing sanctions in these matters are repealed. Art. 186. In the application of sanctions for violation of the this law and other complementary legal provisions, the judge will take into account: 1) The seriousness and significance of the violation, mainly the criterion of the impact on the health of beings and the damages or imbalances caused to the environment and natural resources; 2) The malicious intent of the culprit(s); 104 Machine Translated by Google 3) Recidivism, if any, and 4) The socioeconomic condition of the cause(s) of the damage. Art. 187. They will be recognized as aggravating circumstances in the application of the sanctions that are imposed: 1) To those who have intentionally caused environmental disasters, including widespread pollution and fires, where there have been loss of life, injuries, diseases, epidemics, destruction, degradation of ecosystems, elimination of specimens of fauna and unique, endangered, or endangered flora; 2) To those who have hindered the work in turned on for the correction of environmental disasters; 3) To those who refuse to transmit with character emergency, news, calls and information from authorities on environmental disasters; 4) To those who order, authorize, insinuate or allow their subordinates or dependents, salaried or not, the commission of acts expressly prohibited by this law and other related ones; 5) State officials who order, allow, insinuate, encourage or authorize their subordinates or individuals, even verbally, the execution of actions or omissions that violate this law and other related laws, thus harming the natural heritage of the nation or the health of human beings; 6) To those who impede or hinder inspections or checks, or resort to means of any inducing them to make mistakes, or present to the competent authorities total or partial reports or data false. 105 Machine Translated by Google Paragraph. In addition, circumstances will be considered aggravating: 1) If the damage caused reached proportions catastrophic; 2) If the violations have been carried out in towns or in their surroundings, and have seriously affected the natural resources that constitute the basis of the economic activity or development of the region. 106 Machine Translated by Google TITLE VI PROVISIONS GENERAL AND FINALS Chapter I PROVISIONS GENERAL Art. 188. In addition to the other functions assigned by the law and regulations, the Secretary of State for the Environment Environment and Natural Resources will exercise, in matters related with the environment and natural resources, functions that have not been expressly attributed by law to another institution. Art. 189. The Secretary of State for the Environment and Natural Resources will henceforth exercise the other functions that, in matters of protection of the environment and the natural resources had been carrying out the institutions that had been transferred to them. Art. 190. All the programs and projects that the Office National Planning Department and any other public entity that coordinates, executes or is in the process of preparing or formulating matters related to the environment and natural resources, both with internal resources and external credit or international cooperation resources, will be transferred to the Secretary of State for the Environment and Natural Resources, in accordance with the powers defined in this law. Art. 191. The Secretary of State for the Environment and Natural Resources will coordinate with the Secretary of State of the Armed Forces, with the National Police and with the 107 Machine Translated by Google municipalities, the application of the policy on the environment environment and natural resources of the State. Art. 192. The sectoral or special laws, decrees and other legal provisions, related to the environment and natural resources, should be framed within the principles and provisions of this law and will be considered as complementary to it. Paragraph I. The Secretary of State for the Environment and Natural Resources, in coordination with the corresponding institution, will present to the National Congress, via the Executive Power, the projects for the modification, update and modernization of the following laws: • No. 5852, of March 29, 1962, on Dominion of Terrestrial Waters and Distribution of Public Waters, and the laws that modify and complement it; • No. 5856, dated April 2, 1962, on Forest Conservation and Fruit Trees, and its modifications; • Of Fishing No. 5914, of May 22, 1962, and its modifications; • No. 311, dated May 24, 1968, which regulates the manufacture, manufacturing, packaging, storage, import, sale and trade in any form of insecticides, zoocides phytoncides, pesticides, herbicides and similar products; • No. 123, dated May 10, 1971, which prohibits the extraction of components of the earth's crust called sand, gravel, gravel and stone; • No. 67, of October 29, 1974, which creates the Directorate National Parks; • No. 85, dated February 4, 1931, on Hunting, and its modifications; 108 Machine Translated by Google • No. 218, of May 28, 1984, which prohibits the introduction into the country, by any means, of human or animal excrement, household or municipal waste and its derivatives, silt or sewage sludge, treated or not, as well as toxic waste from industrial processes; • No. 290, of August 28, 1985, on Incentives for Forest Development and its modifications; • No. 300, of July 31, 1998, which provides for compulsory education in all schools and colleges in the country, the subject “Environment and Natural Resources”. Paragraph II. The Secretary of State for the Environment and Natural Resources will promote, together with the corresponding institutions, the updating and modernization in accordance with the provisions of this law, of the following legal provisions: Laws Nos.: • 3003, of July 12, 1951, on Port Police and Costs and their modifications; • 4990, of August 29, 1958, on Plant Health and its modifications; • 146, of June 4, 1971, Mining Law of the Republic Dominican Republic and its modifications; • 186, of September 13, 1967, on the area of which determines the limits of the Territorial Sea of the Dominican Republic cana. 109 Machine Translated by Google Chapter II ON THE PROVISIONS FINALS Art. 193. Clauses f) yo) of the article remain deleted 1, sub-section (b) of Article 4 and Article 7 of Act No. 8, of September 8, 1965, which determines the functions of the Ministry of Agriculture. Art. 194. They are transferred to the Secretary of State for the Environment Environment and Natural Resources the powers conferred on the Secretary of State for Agriculture by the Law of Fishing No. 5914, dated May 22, 1962. Art. 195. Article 4 and subparagraphs g) and h) of the Article 5 of Law No. 6, of September 8, 1965, which creates the National Institute of Hydraulic Resources (INDRHI), so that from now on they say: "Art. 4. INDRHI will be the highest national authority in relation to the control, use and construction of river works (regulation or channeling of rivers and flood protection); agricultural hydraulics (natural sanitation by open ditches, artificial evaluation and drainage); of infiltration irrigation, canal irrigation, underground irrigation and sprinkler irrigation, of dams and dams; and hydroelectric plants; Art. 5. g) Intervene, prior approval of the Secretary of State for the Environment and Natural Resources, in the conservation of water currents, lakes and lagoons; in the protection of watersheds and in the torrential correction works, with the cooperation of the Secretary of State for Agriculture and the Agrarian Institute Dominican; h) Carry out, in coordination with the Secretariat of 110 Machine Translated by Google State of the Environment and Natural Resources, the recognition and evaluation of the hydraulic resources of all the national basins”. Art. 196. Article 4 of Law No. 5852, of 29 of March 1962, on Domain of Terrestrial Waters and Distribution of Public Waters, so that where it says Secretary of State for Agriculture, it says Secretary of State for Natural Resources and the Environment, and chapters I, II, III and IV of the aforementioned law, in the parts that are necessary, so that in the future, the management and granting of concessions and permits for the exploitation and use of groundwater contemplated in the same passes to the Secretary of State for the Environment and Natural resources. Art. 197. Law No. 487, of October 15, 1969, and its regulation No. 2889, of May 20, 1977, Exploitation Control and Water Conservation Underground, so that where it says INDRHI, it says Secretary of State for the Environment and Natural Resources. Art. 198. Article 2 of Law No. 123, of 10 of May 1971, which refers to the commission in charge to purge the requests for concessions and permits, to include the Secretary of State for the Environment and Natural Resources as a member of the same, and it is established that he will become the chairman of said commission. Also I know modify articles 3, 9, 10, 11 (paragraph I), 12 and 20 of the Regulation No. 1315, of July 29, 1971, for the application of Law No. 123, dated May 10, 1971, so that where it says Secretary of State for Public Works and Communications, hereinafter said Secretary of State for the Environment and Natural Resources. 111 Machine Translated by Google Art. 199. Laws No. 290 of August 28 are modified of 1985, on Incentives for Forestry Development; No. 291, of August 28, 1985, which modifies Laws Nos. 211 and 705 of 1967 and 1982, respectively; the No. 55, of the 15 of June 1988, which modifies articles 6, 8, and 10 of the law 290, of August 28, 1985, on Incentives for Forestry Development, and its regulations, so that where it says National Technical Forestry Commission (CONATEF), it says Secretary of State for the Environment and Natural Resources. Art. 200. Decrees No. 3278, of January 27, 1978, which creates and integrates the National Council of Fau na Silvestre, are repealed; No. 2596, dated September 4, 1972, which creates integrates a Commission that will be in charge of studying the problems caused by the contamination of our environment; No. 301, dated October 11, 1978, which provides that the General Directorate of Forestry and the National Directorate of Parks shall from now on coordinate their activities in common agreement with the Secretariat of State of Agriculture, and dictates other provisions; he does not. 39, of September 7, 1965, which integrates a Commission for the study of the problem of deforestation in the country; Decree No. 1824, of February 23, 1984, which creates and integrates a Commission in charge of carrying out a study tending to establish regulations that allow the development of aquaculture and fisheries; No. 531, of 1990, which requires the performance of impact studies environmental in all development projects carried out in the coastal zone; decree No. 152-98, of 29 April 1998, which creates and integrates the Coordinating Commission of the Natural Resources and Environment Sector; the Articles 2 and 3 of Decree No. 136-99, which reestablishes the limits of the Marine Mammal Sanctuary created by the 112 Machine Translated by Google article 22 of decree No. 233-96 and creates a Commission National for the Protection of Marine Mammals. Art. 201. They are transferred to the Secretary of State for the Environment Environment and Natural Resources the powers conferred in Article 18 of Decree No. 1142, of April 28 of 1966, which approves the Organic Regulation of the Ministry of Agriculture. Art. 202. All quality standards, orders, rules, permits, contracts, licenses and authorizations that may have been issued, made, granted or adopted by organizations governmental, remain in force as long as they do not contradict the letter and spirit of this law, in which case they will be modified in accordance with its provisions. Art. 203. (Transitory). Pending the approval of the next Income Budget project and Public Expenditure Law, The Secretary of State for the Environment and Natural Resources will function with the respective funds from the current budgets of the institutions that are transferred to it n . Art. 204. This law repeals and replaces any other legal provision or part of it that is contrary to it. GIVEN in the Session Room of the Chamber of Deputies, Palace of the National Congress, in Santo Domingo de Guzmán, National District, capital of the Dominican Republic, on the eighteenth day of the month of July of the year two one thousand; 157th years of Independence and 137th of Restoration (FDOS) Rafaela Alburquerque, President; Ambrosi na Saviñón Cáceres, Secretary and Rafael Ángel Franjul Troncoso, Secretary. 113 Machine Translated by Google GIVEN in the Sessions Room of the Senate, Palace of the National Congress, in Santo Domingo de Guzmán, District Nacional, Capital of the Dominican Republic, on the twenty-fifth (25th) day of July of the year two thousand (2000); years 157 of the Independence and 136 of the Restoration of the Republic. RAMON ALBURQUERQUE RAMIREZ, president GINETTE BOURNIGAL DE JIMÉNEZ Secretary. ANGEL DINOCRATE PÉREZ PÉREZ, Secretary HIPOLITO MEJIA President of the Dominican Republic In exercise of the powers conferred on me by article - 55 of the Constitution of the Republic, I promulgate this Law and command that it be published in the Official Gazette, for your knowledge and compliance. DADA in Santo Domingo de Guzmán, National District, Capital of the Dominican Republic, at eighteen (18) days of the month of August of the year two thousand (2000), years 157 of the Independence and 138 of the Restoration. HIPOLITO MEJIA 114