The Federal Environmental Agency approved the proceedings to verify the fulfillment of the obligation of taking out environmental insurance, as provided by section 22 of the General Environment Law No 25,675.
On December 12, 2013 the Official Gazette published Resolution No 502/2013 (the “Resolution”) issued by the Federal Environmental Agency (the “SAyDS”, after its acronym in Spanish), which approved the proceedings to verify the fulfillment of the obligation of taking out environmental insurance, as provided by section 22 of the General Environment Law No 25675 (“LGA,” after its acronym in Spanish).
The Resolution also approved the minimum contents of the sworn statements to be filed by those who have the obligation to take out environmental insurance.
According to Annex I of the Resolution, the Dirección de Residuos Peligrosos (Hazardous Waste Office within the SAyDS or the “Office”) shall request those who are obligated to obtain the Annual Environmental Certificate provided in Law No 24,051 on Hazardous Waste (i.e. generators, transporters and operators of hazardous waste) to file a Sworn Statement which must contain Environmental Complexity Level (“NCA,” after its acronym in Spanish) in accordance with Resolution No 1639/2007 SAyDS and its amendments.
The proceedings will vary depending on the activity:
- If, according to the declared NCA the company belongs to the first category, the Office shall continue with the administrative proceedings as usual.
- If according to the declared NCA the company belongs to the second or third category, the environmental policy must be filed together with the sworn statement.
In this case, if the company qualifies as of the second category and is an operator of hazardous waste, or qualifies as of the third category, the Office shall call for the intervention of the Environmental Risks Assessment Unit to issue a report on the declared NCA and the coverage of the insurance. On the other hand, if the company qualifies as of the second category and is a generator or an occasional generator (generador eventual) of hazardous waste, the Office shall continue with the administrative proceedings as usual.
The contents of the affidavit –which shall be signed by the legal representative and by the technician in charge–, will depend on whether it is an industrial activity that takes place within fixed facilities or it is a hazardous waste transportation activity.
In the first case, the sworn statement must contain at least: i) the NCA that has been set; ii) a statement on whether the company has been declared a “polluting agent” by the Autoridad de Cuenca Matanza Riachuelo (the Matanza-Riachuelo Basin authority); iii) for companies which qualify as of the second or third category, an annex which must include the Insurable Minimum Amount of Sufficient Entity assessed by the company and signed by the relevant insurance company’s legal representative.
The hazardous waste transportation companies must file a sworn statement which must contain at least: i) the NCA that has been set; ii) an annex that includes the Insurable Minimum Amount of Sufficient Entity assessed by the company. In addition, it must include the following items: 1) hazardous waste categories that the SAyDS authorized to be transported; 2) a list of the plate numbers for the vehicles subject to the applicable regulation (Law No 24,051).
Despite the provisions in the previous paragraph, we call attention to the fact that the proceedings set for hazardous waste transportation companies has been suspended by Resolution No 1531/2013 issued by the SAyDS –published in the Official Gazette on December 12, 2012– for the length of time that application of Section 3 of Resolution No 177/2013 by the SAyDS is suspended as well. This regulation had approved the calculation method for the Insurable Minimum Amount of Sufficient Entity for hazardous materials, substances, goods and waste transportation, but was suspended by Resolutions No 600/2013 and 1201/2013 since there was no insurance policy wording approved covering this kind of activity.