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Authorization for handlers and generators of hazardous substances, materials, and waste

Resolution No. 73, issued by the Ministry of the Popular Power for the Environment, was published in Official Gazette No. 40,483 of August 26, 2014 (the “Resolution”). The Resolution establishes the requirements to be met by public or private, natural or legal persons in order to obtain the authorization as handlers of hazardous substances, materials, or waste. Said natural or legal persons must be authorized to (i) store or transport hazardous substances, (ii) collect, store, transport, recover or treat hazardous materials, and (iii) collect, temporarily store, transport, treat, eliminate, or carry out the final disposal of hazardous waste. The authorizations granted for handling hazardous substances, materials, or waste will be valid for two (2) years.  The persons duly registered before the entry into force of the Resolution will not require a new registration.  The persons authorized to handle hazardous substances, materials, or waste in the activities of collection, storage, transportation, recovery, treatment, elimination or final disposal are bound to immediately notify the competent authorities of the occurrence of accidents in which hazardous substances, materials, or waste are involved.

 

In addition, the Resolution establishes that the persons that perform activities that generate hazardous waste must only be registered with the State Department of the Popular Power for the Environment, as per the geographical location in which the activity is sought to be performed. However, the persons that generate hazardous waste that are duly registered before the entry into force of the Resolution will not require a new registration.

 

The Resolution repeals Resolutions Nos. 040 and 003, published in Official Gazettes Nos. 37,700 and 39,864, respectively, dated May 29, 2003 and February 14, 2012, also respectively, relating to the requirements for registration and authorization of handlers of hazardous substances, materials, or waste. However, the Temporary Provision of the Resolution states that all registrations with the registry and authorizations for handlers of hazardous substances, materials, or waste that are being processed and with respect to which no notification of lapsing has been given before the entry into force of the Resolution will continue to be governed by the provisions of Resolutions Nos. 040 and 003.

 

The Resolution became effective upon its publication in the Official Gazette.

 

In order to access the Resolution, please click here

 

“NOTE: THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY SPECIFIC MATTER AND ITS CONTENT ARE INTENDED AS A MANAGEMENT ALERT AS TO CURRENT DEVELOPMENTS IN VENEZUELA, ANY SPECIFIC LEGAL QUESTIONS REGARDING THE POSSIBLE APPLICATION OF NEW OR PROPOSED LEGISLATION TO PARTICULAR SITUATIONS SHOULD BE ADDRESSED TO TRAVIESO EVANS ARRIA RENGEL & PAZ.”