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Environment / Natural Resources

Ministry of the Environment – Amends Supreme Decree N°3/2012 – Sludge Management in the fruit and vegetable processing industry.

On October 26, 2021, the modification of Supreme Decree No. 3/2012 of the Ministry of the Environment (D.S. No. 3/2012) was published, which approves the regulations for the management of sludge from effluent treatment plants of the fruit and vegetable processing industry.

The main modification consists of eliminating the requirement of sludge stabilization (Article 4 of D.S. N°3/2012), i.e. to reduce volatile solids by at least 38% and to have a moisture content of no more than 70%; or to comply with a requirement listed in Article 6 of Supreme Decree N°4/2009 of the Ministry General Secretariat of the Presidency, regulation for the management of sludge generated in sewage treatment plants.

This is due to the fact that there was no technical justification for requiring the same terms as for sludge generated in sewage treatment plants, which ultimately discouraged the reuse of such material.

Should you require additional information on this matter, please contact: Martin Esser, messer@jdf.cl

Ministry of the Environment – Supreme Decree N°39 establishes emission standards for mobile machinery

On October 21, 2021, Supreme Decree No. 39 of the Ministry of the Environment was published, which establishes emission standards for mobile machinery (defined in letter a) of Article 2°), coming into force today.

Scope of application: mobile machinery, which importation is made 24 months from the present date. In the case of tractors, a period of 36 months from the present date shall apply.

Obligated parties: Manufacturers or their legal representatives in Chile, distributors or importers of mobile machinery subject to the emission limits required by the standard, which must submit the respective documentation to the Superintendence of the Environment.

Inspection: Superintendencia del Medio Ambiente.

If you require additional information on this matter, please contact: Martín Esser, messer@jdf.cl

Ministry of the Environment – D.S. N°12/2021 which establishes collection, recovery and other obligations for containers and packaging.

On September 21, 2021, the Ministry of the Environment published Exempt Resolution No. 1026 of September 14, 2021, which approves the proposed Resolution that identifies the products that constitute packaging, also indicating the category to which they correspond, in accordance with the provisions of Article 2°, number 5), second paragraph of Supreme Decree No. 12/2021, which establishes collection and recovery goals and other associated obligations for containers and packaging.

The respective Citizen Participation process expires on October 21, 2021, being able to make the respective observations to the proposal in the following link: https://consultasciudadanas.mma.gob.cl/portal/consulta/112

Should you require additional information on this matter, please contact: Martin Esser, messer@jdf.cl

Dirección General de Aguas – Orders the installation and maintenance of measurement and transmission systems of effective extractions for ground and surface waters.

On September 15, 2021, the following resolutions were published in the Official Gazette, ordering the installation and maintenance of measurement and transmission systems of effective extractions for ground and surface water in different sectors of different regions of the country:

1. Surface water:

(i) Exempt Resolution No. 1,124 of August 19, 2021, orders users whose collection points are located in the Metropolitan Region of Santiago, specifically in the coastal basin between Maipo and Rapel.

(ii) Exempt Resolution No. 1,421 of August 19, 2021, orders users whose collection points are located in the Valparaíso Region, specifically in the coastal basin between Maipo and Rapel.

(iii) Exempt Resolution No. 491 of August 26, 2021, orders users whose collection points are located in the Araucanía Region, in the Imperial river basins; Budi river basin; coastal basins between Budi and Toltén rivers; Toltén river basin; and Queule river basin.

(iv) Exempt Resolution No. 182 of August 30, 2021, orders users whose catchment points are located in the Magallanes and Chilean Antarctica Region, specifically in the basins “Coastal between Andrew Sound and Hollemberg River and Islands to the East” and “Coastal between Laguna Blanca (inc), Otway Sound, Jerónimo Channel and Magallanes”.

2. Ground Waters:

(i) Exempt Resolution N°261 of August 31, 2021, orders the holders whose water catchment points are located in the Tarapacá Region, specifically in the Hydrogeological Sector of Common Use called Salar de Sur Viejo.

(ii) Exempt Resolution No. 721 of August 16, 2021, orders the holders whose water catchment points are located in the Libertador General Bernardo O’Higgins Region, specifically in the Hydrogeological Sectors of Common Use (SHAC): Yerbas Buenas Chain; El Monte – Tinguiririca; Estero Hidango; Estero Paredones; Estero Pupuya; Estero Quiahue; Estero San Antonio; Estero Topocalma; Laguna Bucalemu; Laguna de Cahuil; Nilahue before Quiahue; Nilahue in Santa Teresa; San Fernando; Tinguiririca Superior; and Chimbarongo.

(iii) Exempt Resolution No. 691 of August 23, 2021, orders the holders whose water catchment points are located in the Maule Region, specifically in the Hydrological Sector of Common Use (SHAC) Chimbarongo.

Should you require additional information on this matter, please contact: Martín Esser, messer@jdf.cl

Ministry of the Environment – Supreme Decree N°38 establishes emission standards for generator sets

On September 15, 2021, Supreme Decree No. 38 was published, which establishes the emission standard for generators, coming into force today. This standard is part of the environmental regulation program 2020-2021 of the Ministry of Environment.

Scope of application: new generator sets (those whose importation takes place 24 months after the entry into force of this decree), throughout the national territory, which are powered by internal combustion engines with compression ignition, with a maximum engine power greater than or equal to 19 kW.

Exception: generator sets operating in areas without access to the National Electric System, whose main use is the supply of residential customers.

Mandatory: Manufacturers or their legal representatives in Chile, distributors or importers of generators subject to the emission limits required by the standard, which must submit the respective documentation to the Superintendence of the Environment.

Should you require additional information on this matter, please contact: Martin Esser, messer@jdf.cl.

Ministry of Public Works – Modifies the Regulation of Major Hydraulic Works (Article 294 of the Water Code).

On September 15, 2021, Supreme Decree No. 131 of July 8, 2021, of the Ministry of Public Works was published in the Official Gazette, which amends Supreme Decree No. 50 of January 13, 2015, of the same ministry, which approves the regulation referred to in Article 295, paragraph 2°, of the Water Code, establishing the technical conditions to be met in the design, construction and operation of the hydraulic works identified in Article 294 of the aforementioned legal text (hereinafter the “Regulation”).

Among the most important modification is the inclusion of the term “Commissioning” (defined in the new letter r) of the Regulation), which is incorporated for those projects that, in practice, require to be operated with water in order to verify their safety, prior to their reception.

Likewise, they include deadlines and the way in which this process must be carried out, which provides greater certainty when requesting the approval of the definitive project.

Notwithstanding the above, all those project owners who have Project Approval and construction authorization prior to these modifications and who do not have reception of works and operation authorization, when submitting to the corresponding reception procedure, may opt to apply the rules of the old Regulation or the new one.

For those owners of projects without Works Reception, whose works have been executed and their commissioning is in progress or exceeded, before the entry into force of these modifications, the new regulations will be applicable.

The provisions of the new second paragraph of Article 55 of the Regulation shall not be applicable to them.

Should you require additional information on this matter, please contact: Martin Esser, messer@jdf.cl.

Ministry of the Environment – Law No. 21.368 regulates the disposal of single-use plastics and plastic bottles

On August 13, 2021, Law No. 21.368 was published, which regulates the delivery of single-use plastics and plastic bottles (“Law No. 21.368”) and modifies certain legal bodies (mainly Law No. 19.300 on General Bases of the Environment and Law No. 20.417, which creates the Superintendency of the Environment and establishes its organic law).

Obligations established:

Prohibitions and/or limitations on the delivery of single-use products inside and outside food vending establishments.
Plastic certification system (not limited to those regulated by the Law).
All disposable plastic bottles marketed by any natural or legal person must be composed of a percentage of plastic that has been collected and recycled within the country.
Returnability obligation for beverage sellers.

Control:

In charge of the municipalities and the fines will be between 1 and 5 UTM for each single-use product delivered in contravention of the provisions of this law; and from 1 to 20 UTM in contravention of those sections related to environmental education and information. The sanctions will be applied by the competent Local Police Court, in accordance with the ordinary procedure contemplated in Law No. 18.287.

Regulatory power:

The Ministry of the Environment shall issue the regulation referred to in this Law in February 2022.

Validity:

From August 13, 2021. Bear in mind the deferred validity for certain provisions established in the first transitory article.

Should you require additional information on this matter, please contact: Martin Esser, messer@jdf.cl

Ministry of Environment – Supreme Decree N°12, establishes collection and recovery targets and other obligations associated with packaging.

On 16 March 2021, Supreme Decree N°12 (“D.S. N°12/2021”), dated 8 June 2020, was published, which establishes the targets for the priority product containers and packaging and, therefore, must also comply with the provisions of Law N°20.920 which establishes the framework for waste management, extended producer responsibility and the promotion of recycling (“REP Law”).

This decree comes into force as of today, with the exception of titles III (collection and recovery targets) and IV (obligation of design, coverage and operation of waste reception and storage facilities; selective collection systems for household recycling), which will come into force as of 16 September 2023.

The SMA will monitor compliance with the targets and other obligations established in the supreme decrees of the priority products, as well as the functioning of the management systems.  It should be remembered that these supreme decrees can be appealed before the Environmental Courts. The deadline for lodging an appeal is 30 days from today.

If you require further information on this matter, please contact: Martin Esser (messer@jdf.cl)

Directorate General of Water sets water use rights subject to payment of a patent for non-use.

On January 15, 2021, Exempt Resolution No. 2.662, of December 28, 2020, was published in the Official Gazette, in which the General Directorate of Water established the list of water use rights subject to the payment of a patent for non-use of the water, for fiscal benefit, when the water is not associated with a collection (and restitution) work necessary to use it (Article 129 bis 9 of the Water Code), process 2021.

Within this process, it is necessary to have the following times in sight:

– Deadline to appeal the decision (Appeal for Reconsideration or Claim, article 137 of the Water Code): until 26 February 2021.

– Deadline to comply with the obligation to pay (Article 129 bis 7° of the Water Code): until 31 March 2021.

– Term of the General Treasury of the Republic to include the Rights in the judicial auction lists (article 129 bis 11° and 12° of the Water Code): between the first of April and the first of June 2021.

In case you require additional information on this matter, you may contact Sven Herlin, sherlin@jdf.cl; and/or Martin Esser, messer@jdf.cl

General Directorate of Water – Supreme Decree No. 53 of the Ministry of Public Works, approves regulations for monitoring effective surface water extraction.

On October 15, 2020, Supreme Decree No. 53 (“D.S. No. 53/2020”), dated April 3, 2020, of the Ministry of Public Works (“MOP”) was published, which regulates some of the amendments introduced by Law No. 21. 064, published on January 27, 2018, that is, to make explicit the terms, criteria, and technical conditions necessary to apply the well-founded resolutions issued by the General Water Directorate to comply with the obligation to install and maintain a Measurement and Transmission System to control, measure, and report the water extracted by users’ organizations or the exclusive owner of an aqueduct that extracts water from a natural stream, including water extracted from accumulation works located on the natural course. Also, users’ organizations or the exclusive owner of an aqueduct that draws water from a natural stream, and are users of non-consumptive surface water rights, must install a measurement system at the point of restitution (Article 38 and 307 bis of the Water Code).

In case you require additional information on this matter, you can contact Marcelo Mardones, mmardones@jdf.cl; Martin Esser, messer@jdf.cl

General comptroller’s office, ecological conservation areas defined in territorial planning instruments should be considered as areas placed under official protection

On September 30, 2020, the General Comptroller of the Republic (“CGR”), issued Opinion No. 39766/2020, in which it ruled that the Ecological Preservation Areas, defined in territorial planning instruments, must be considered as areas placed under official protection for purposes of Article 10, letter p), of Law No. 19,300, on the General Basis of the Environment, so that projects or activities, likely to cause environmental impact, which are located in such areas, must enter the Environmental Assessment System.

In combination with this, the CGR orders the Environmental Evaluation Service to adapt the Instructional Letter No. 130,844, of 2013, and said service must inform the CGR of this within 30 days. The aforementioned document unifies criteria and technical requirements on areas placed under official protection and protected areas for the purposes of the Environmental Impact Assessment System.

Notwithstanding, this Opinion shall not apply to projects already approved.

In case you require additional information on this matter, please contact Marcelo Mardones, mmardones@jdf.cl; and/or Martín Esser, messer@jdf.cl.