Environmental Alert – December 2024

Amendments to the Law of Integral Solid Waste Management are approved

On December 21, 2024, Law No. 32212 was published, which amends the Law on Integral Solid Waste Management, approved by Legislative Decree No. 1278 (“LGIRS”).

The following are the main aspects of the approved amendments:

• Precisions on the use of discarded material: Articles 9 and 10 of the LGIRS are amended to establish the following:
  • The waste material generated in an activity process can be directly used in another process of the same operator. This waste material is not considered solid waste.
  • The elements generated from post-consumption or from an activity complementary to the main activity are not considered as discarded material.
  • If the use of discarded material involves a modification of the environmental management measures, without this implying the modification of project components, an updated environmental study must be submitted to the competent authority.
  • The generators of waste material must include in their Solid Waste Minimization and Management Plan the general aspects of waste generation and management, in terms of estimates and projections.
• Provisions for the alternative use of quarries: Article 66-A is incorporated to the LGIRS, which establishes that the owners of non-metallic mining activities may request the exclusion of the closure commitments of the exploitation quarries that are part of their mining operation, as well as other facilities linked to their operation, to be used by the regional governments or by the private sector as infrastructure for the recovery or final disposal of construction and demolition waste, as long as it is in the public interest. These regional governments or interested third parties from the private sector must have an environmental management instrument that regulates the use of the quarries. The execution of such projects is carried out in areas where surface land is owned. The regulations of this legislative decree will develop the conditions and mechanisms for the aforementioned alternative use.
• Transfer of state-owned land for solid waste infrastructure: The SBN may transfer state-owned land free of charge, at the request of regional or local governments for the exclusive purpose of building or expanding infrastructure for the final disposal of solid waste. A favorable opinion from the Ministry of the Environment must be obtained.
• Adequacy of the Regulation and additional rules: It is established that within a period of no more than 120 calendar days from the publication of Law No. 32212, the Regulations of the LGIRS, approved by Supreme Decree No. 014-2017-MINAM and other additional rules necessary for the implementation of Law No. 32212 must be adjusted.

Para más información, contactar con Francisco Tong (ftong@estudiorodrigo.com), Camila Masini (cmasini@estudiorodrigo.com) y/o Natalia Zúñiga (nzuniga@estudiorodrigo.com).