Environmental Issues and Laws

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environmental issues and laws

Problems are something that occurs every day in society, and as in other countries of the world there are laws to
provide a solution or regulate these problems, and as expected there is a long list of both social and environmental
problems, but today we will focus in the impact of environmental problems and the laws that currently exist to
provide a solution or regulate either: abusive consumption, controlling the unnecessary and compulsive creation of
co2, the extinction of flora and fauna, both marine and terrestrial, and the loss of biodiversity that characterizes us
so much

-There are always cases in which, due to the negligence of certain companies, mostly mining companies, or the
inhabitants themselves, the well-being of the health of many inhabitants is involved, and that is why when carrying
out such cases, action must be taken taking into account the law and the following articles

CONCORDANCES: Law No. 28804, Single Transitory Provision

Article 30.- Decontamination plans and treatment of environmental liabilities

Article 28.- Of the Declaration of Environmental Emergency

In case of sudden and significant environmental damage caused by natural causes

or technological, CONAM, in coordination with the National Institute of Civil Defense and the Ministry of Health

or other entities with environmental competence, must declare the Environmental Emergency and establish plans

special in the framework of this Declaration. The law and its regulations regulate the procedure and the

declaration of said emergency

-Another of the big problems is the excessive production of CO2, which is the main pollutant in many cities around
the world, and although the creation of CO2 cannot be stopped in itself, since it is part of the cycle of creating air
fostered by plants if it can be controlled and avoided excess

Article 32.- about the Maximum Permissible Limit

1 The Maximum Permissible Limit - LMP, is the measure of the concentration or degree of elements,

substances or physical, chemical and biological parameters that characterize an effluent or an emission, which when

being exceeded causes or can cause damage to health, human well-being and the environment. your determination

corresponds to the Ministry of the Environment. Its compliance is legally enforceable by the Ministry of

Environment and the organizations that make up the National Environmental Management System. The criteria for
the

determination of supervision and sanction will be established by said Ministry."


-Another aspect of this issue is the obligation to report on the consequences, the solutions or even the problems
themselves, and for that the responsibility of reporting falls on the state and also involves the citizens themselves.

"Article 42.- Of the Obligation to Inform

Public entities with environmental powers and legal persons that provide services

public, in accordance with what is indicated in the preceding article, has the following obligations in terms of

access to environmental information:"

to. Establish mechanisms for the generation, organization and systematization of information

related to the sectors, areas or activities under its responsibility.

b. Facilitate direct access to the environmental information that is required and found in the

scope of its competence, without prejudice to adopting the necessary measures to protect the normal development

of their activities and as long as they are not involved in legal exceptions to the access of information.

c. Establish criteria or measures to validate or ensure the quality and suitability of the information

environment they have.

d. Disseminate free information on the activities of the State and in particular, that related to its

organization, functions, purposes, powers, organization chart, dependencies, opening hours and

administrative procedures in charge, among others

Article 136.- Of the sanctions and corrective measures

136.1 Natural or legal persons who violate the provisions contained in this Law

and in the complementary and regulatory provisions on the matter, they will become creditors, according to the

seriousness of the infraction, to sanctions or corrective measures.

136.2 The following are coercive sanctions:

to. Admonition.

b. Fine not greater than 10,000 Tax Units in force on the date on which it is fulfilled

the pay.(*)

(*) Numeral modified by the Second Modifying Complementary Provision of Law No. 30011,

published on April 26, 2013, whose text is as follows:

"b. Fine not greater than 30,000 Tax Units in force on the date on which the

the pay."

c. Confiscation, temporary or definitive, of the objects, instruments, artifacts or substances used

for the commission of the offence.

d. Halt or restriction of the activity causing the infringement.

and. Suspension or cancellation of the permit, license, concession or any other authorization, as appropriate

the case.

F. Partial or total, temporary or permanent closure of the premises or establishment


-In cases where the damage is already almost irremediable, according to the law, certain fines must be complied
with and imposed, which could range from large amounts of money as repairs, to closure or closure of works,
temporary or permanent closures for the establishment, which only harms not only to the owners but to those with
family who only work, since they are deprived of their work

Article 27.- Of the activity closure plans

The holders of all economic activities must guarantee that at the close of activities or

facilities do not subsist negative environmental impacts of a significant nature, having to consider such

aspect when designing and applying the environmental management instruments that correspond to them in
accordance with

the current legal framework. The National Environmental Authority, in coordination with the environmental
authorities

sectors, establishes specific provisions on the closure, abandonment, post-closure and post-abandonment of

activities or facilities, including the content of the respective plans and the conditions that guarantee

its proper application.

-and an environmental emergency must also be declared and try to act quickly with the help and collaboration of
both the state and various environmental organizations and residents

Article 28.- Of the Declaration of Environmental Emergency

In case of sudden and significant environmental damage caused by natural causes

or technological, CONAM, in coordination with the National Institute of Civil Defense and the
Ministry of Health

or other entities with environmental competence, must declare the Environmental Emergency
and establish plans

special in the framework of this Declaration. The law and its regulations regulate the
procedure and the

declaration of said emergency.

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