ORDINANCE ON SOLID WASTE AND WASTE EXPLANATORY STATEMENT In its historical devel

opment, legal protection of the environment has been characterized by biased reg
ulation towards the conservation of natural resources. However, given the emerge
nce of a notion of environment much broader conception of it as a fundamental ri
ght closely associated with the quality of human life, begins to develop global
constitutional postulates that the rules require that subject responds to wide-r
anging environmental policies, since it requires the use of resources by present
generations does not compromise the heritage of the future and thus ensure deve
lopment is ecologically, socially and economically sustainable. At present, the
development of cities as the need of an environmental analysis leading to a decr
ease which has been called the modern doctrine stress environment - economic dev
elopment. Thus, the permanence of the human being in society requires a harmonio
us coexistence with their environment, not only with natural elements comprising
it but also to those who live in that space. Not that there is an absolute inco
mpatibility between technological development, the advancement of civilization a
nd the maintenance of ecological balance, but it is important that men know harm
onize and take the responsibility of living together in society. This requires t
hat protects the environment where he lives, and become aware of environmental s
anitation is essential for life. However, such responsibility is not only in the
hands of the citizen but also of governments, who have the arduous task of find
ing the necessary balance between the development of society and environmental c
onservation through the design of sound public laws and effective, education and
implementation of effective control mechanisms. Having regard to the importance
of this task, the first paragraph of Article 127 of the Constitution of the Bol
ivarian Republic of Venezuela provides for the obligation of the State, with the
active participation of society, to ensure that the populace develops in an env
ironment free pollution, where air, water, soil, coasts, climate, ozone layer, l
iving species are specially protected under the law. Thus, preservation of the e
nvironment becomes a competition of the three territorial levels of government p
olicy, where each must ensure that specific aspects of development policy enviro
nment under coordinated and comprehensive. So, the Article 178 of the Constituti
on establishes the powers of the territorial political entities
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local and specifically, the numeral 4, provides that the municipality has jurisd
iction over urban and household, including cleaning, collection and waste treatm
ent. Also, the numeral 2, letter d, of Article 56 of the Organic Law of Municipa
l Public Power says the jurisdiction of the Municipality in environmental protec
tion and cooperation in environmental sanitation and urban cleaning house, inclu
ding cleaning, waste collection and treatment. Additionally, the Waste Act and S
olid Waste, published in the Official Gazette N ° 38 068, dated November 18, 200
4, provides in its Article 14 the jurisdiction of the municipalities in the fiel
d of environmental protection and cooperation with environmental sanitation , es
pecially with regard to the service of urban and household, including all phases
of waste management and solid waste. Currently, in the Chacao municipality, the
ordinance is in force on Waste Collection and Waste, Municipal published in the
Gazette Extraordinary No. 2627, dated September 17, 1999, aimed at regulating t
he activities aimed at cleaning public spaces and waste collection and solid was
te, as essential conditions for preserving the health of the residents of the Mu
nicipality of Chacao, beauty and urban beautification. While the provisions of t
he Ordinance referred to above, adapted at some point to the reality of Chacao M
unicipality, today, many of them are no longer applicable, not only from the pra
ctical point of view but in the legal sense, especially taking into account the
entry into force of the Waste Act and Solid Waste, as this requires the existenc
e of a local regulatory text in line with current legislation that meets the nee
ds of citizens living in this jurisdiction. Given the situation,€local level is
essential an appropriate waste management and solid waste to maintain environmen
tal quality, which can be achieved with effective regulation that seeks a change
of attitude among residents and passers of Chacao Municipality, thereby creatin
g awareness As this matter is concerned. That is why the City Council created a
body of standards adapted to national legislation, establishing responsibility a
nd environmental education. Based on the above considerations above, is submitte
d for consideration by the City Council Ilustre Municipio Chacao, the project "W
aste and Waste Ordinance, developed in five (5) Titles divided into chapters. Ti
tle I - General Provisions: refers primarily to the object of the Ordinance, the
jurisdiction conferred to the Autonomous Institute Municipal Civil Protection a
nd Environment (IPCA) to supervise the faithful performance of waste collection
services and waste in the municipality
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Chacao, the glossary of technical definitions for better interpretation and appl
ication of the Ordinance. Title II .- The Integral Management of Solid Waste and
Waste, which is divided into seven (7) Chapters Chapter I. - Integral Managemen
t: This chapter provides the implementation of comprehensive waste management an
d waste, the development of municipal comprehensive management plan and the prov
ision of urban cleaning service and home. Chapter II .- The Waste Generation and
Solid Waste: joined a chapter that contains the means by which waste will be re
moved and waste disposal, and the imposition of fines as a sanction for conduct
prohibited in specific rules and prohibitions general. Chapter III .- The Tempor
ary Storage: in this chapter establishes the provision of waste and urban waste,
the performance of office for the removal and disposal of waste and solid waste
containers features, the layout and schedule waste generated in health faciliti
es. Chapter IV .- The Waste Collection Service and Solid Waste: Establishes the
collection methods or systems, schedule, solid waste in public areas of public u
se, responsible for selective harvesting, transport equipment and the fee the co
ncept of collection. Also includes activities transfer processing. Chapter V - T
ransportation: This Chapter shows everything about the form of waste and waste t
ransport, transport of debris, building materials and vegetable waste and severa
l liability. Chapter VI .- Of Use: provides the different harvesting activities
as regards separation programs and disposal. Chapter VII .- The Education and Ci
tizen Participation in this chapter are incorporated articles on citizen partici
pation, where the Autonomous Institute of Municipal Civil Protection and Environ
ment (HICP) should seek the participation of the community, in order that it bec
omes a active subject in the development of a healthy environment, through direc
t participation in prevention activities and planning in public interest environ
mental protection. Title III .- Procedure: falls within five (5) chapters. Chapt
er I. - the standard procedure: it is composed of the administrative procedure w
ith the competence of the Autonomous Institute
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Municipal Civil Protection and Environment (IPCA) to start, adjudicate and decid
e, all on the basis of constitutional and legal regulations in force, in the int
erests of safeguarding the public interest environmental rights of citizens and
by due process. Also, include the possibility that the offender should make a co
mmitment to rectify the defects within a reasonable time and accomplished this,
ordered the closure of the proceedings, given that the purpose of this Ordinance
is extensive, ie is directed at the prevention of behaviors that degrade the en
vironment, without leaving aside the punitive activity that might be generated u
nder an administrative procedure. In that sense, this chapter is an innovation i
n relation to the existing Ordinance, given that even if it provides for penalti
es, not punitive administrative procedure governing the forward. Chapter II .- P
rocedure for flagrancy: This chapter contains the procedure relating to flagrant
violations,€which allow the Environmental Inspectors assigned to the Institute
Autonomous Municipal Civil Protection and Environment (IPCA), the imposition of
sanctions in cases where they observe the violation. Chapter III .- Resources: r
egulate it pertains to the notice of administrative actions that affect individu
al rights or personal interests, legitimate and direct the administration; and t
he respective appeal and review cases in which it operates negative administrati
ve silence. Chapter IV .- The Collection: provides that the Autonomous Institute
of Municipal Civil Protection and Environment (IPCA), keep a record of product
payment of penalties imposed and those interested should obtain the appropriate
solvent. Together with this, be forwarded to the Tax Administration Division of
the Mayor of the Municipality of Chacao, an account of the fines imposed on acco
unt of breach of this Ordinance and the latter in turn will forward the Autonomo
us Institute of Municipal Civil Protection and Environment ( IPCA), information
on payments received for the same, for the purpose of closing the relevant admin
istrative procedures, update the registration of offenders and establishing an e
ffective mechanism of coordination between the two bodies; these provisions whic
h are new with respect to existing Ordinance. Chapter V - Supplementary provisio
ns: establishing recidivism, in which the offense shall be doubled on the previo
us one, likewise, indicates the joint responsibility and obligation of the offen
ders to correct and repair from the path. .- Title IV Final Provisions: it state
s that all matters not provided in the procedures in this Ordinance shall be gov
erned by the provisions of the Organic Law on Administrative Procedures. Also pr
ovides a rule stating that all provisions of the Ordinance, may be developed thr
ough regulations made for that purpose, subject to the purpose, spirit and reaso
n of them.
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CONTENTS
ORDINANCE ON SOLID WASTE AND WASTE TITLE I GENERAL PROVISIONS Article 1 .- Purpo
se .- Powers ARTICLE 2 ARTICLE 3 .- Glossary TITLE II OF THE INTEGRAL MANAGEMENT
OF SOLID WASTE AND WASTE MANAGEMENT CHAPTER I ARTICLE 4 .- INTEGRAL Integrated
Management Waste and Waste ARTICLE 5 .- Preparation of Municipal Comprehensive M
anagement Plan ARTICLE 6 .- Service Provision urban and household CHAPTER II OF
THE GENERATION OF WASTE AND SOLID WASTE ARTICLE 7 .- The Waste and Waste Generat
ion ARTICLE 8 .- Solid Ban Launch of Public Roads Article 9 .- Prohibition of Pl
ace Furniture & Cachivaches ARTICLE 10 .- Cleaning of Sidewalks Propaganda or AR
TICLE 11 .- Article 12 .- Advertising Ban Ruling, Drawings, Graffiti realization
ARTICLE 13 .- Animal Droppings ARTICLE 14 .- Animal Carcasses Deposit ARTICLE 1
5 .- Article 16 .- Debris Grease Traps
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ARTICLE 17 .- deposit waste that exceeds the capacity of Container Deposit ARTIC
LE 18 .- Substances that pose ARTICLE 19 .- Clean Activity Zone Loading and Unlo
ading ARTICLE 20 .- Cleaning of Private Gardens ARTICLE 21 .- Prohibitions CHAPT
ER III General TEMPORARY STORAGE OF ARTICLE 22 .- Proper Disposal of Waste and M
unicipal Waste ARTICLE 23 .- Performance of Office for the Removal and Disposal
of Solid Waste and Waste ARTICLE 24 .- Characteristics of Recipients ARTICLE 25
.- Requirements Temporary storage of waste and residues. ARTICLE 26 .- Hours ART
ICLE 27 .- Disposal Waste Generated in Health CHAPTER IV THE WASTE COLLECTION SE
RVICE AND SOLID WASTE ARTICLE 28 .- Collection Methods and Systems Article 29 .-
In Public Areas or Public Use ARTICLE 30 Collection Schedule .- ARTICLE 31 .- C
ollection and Transport Equipment Article 32 .- Collection Fee Concept ARTICLE 3
3 .- Responsible for Selective Collection TRANSPORTATION CHAPTER V Article 34 .-
Transport of Waste and Solid Waste
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ARTICLE 35 .- Waste and Waste Transport through an Article 36 .- Transport Conce
ssionary Debris, Construction Materials and Waste Plant ARTICLE 37 .- Guaranty C
HAPTER VI USE OF ARTICLE 38 .- Solid Waste Utilization ARTICLE 39 .- Achievement
Activities Waste and Solid Waste ARTICLE 40 .- Activity Waste Utilization for C
ommercial Purposes ARTICLE 41 .- Separation Programs ARTICLE 42.Procesamiento Tr
ansfer Activities, Treatment or
Article 43 .- Disposal CHAPTER VII EDUCATION AND CIVIC PARTICIPATION Citizenship
ARTICLE 44 .- Article 45 .- Direct Participation in Planning Activities Prevent
ion and Education Campaign ARTICLE 46 .- PART III CHAPTER I PROCEDURES OF REGULA
R ARTICLE 47 PROCEDURE ARTICLE Procedure .- Home 48 .- Letter to request Party L
apse ARTICLE 49 .- The commitment to Article 50 .- Inspection
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ARTICLE 51 .- Article 52 .- Decision Completion of Article 53 .- Notification Pr
ocedure CHAPTER II THE PROCEDURE FOR FLAGRANCY FLAGRANCY ARTICLE ARTICLE 54 .- 5
5 .- Written File Download Article 56 .- 57 .- Completion of Procedure Article 5
8. - Challenge of the sanctions imposed ARTICLE 59 .- Article 60 Lapse to Decide
Admission of Offense .- CHAPTER III ARTICLE 61 RESOURCES ARTICLE 62 .- .- Notif
ication Notification Recipient ARTICLE 63 .- Location of Notification ARTICLE 64
. - Publication of the act Article 65 .- Appeal for Reconsideration ARTICLE 66 .
- negative administrative silence CHAPTER IV OF THE FUND ARTICLE 67 .- Registrat
ion of Payment ARTICLE 68 .- Value of Fines Imposed CHAPTER V SUPPLEMENTARY PROV
ISIONS ARTICLE 69 .- Recidivism
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Article 70 .- Responsibilities ARTICLE 71 .- Article 72 .- Guaranty Penalties AR
TICLE 73 .- Obligation of Offenders PART IV FINAL PROVISIONS ARTICLE 74 .- Artic
le 75 .- Remission Regulation Repeal Article 76 .- 77 .- vacatio Legis
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Bolivarian Republic of VENEZUELA Bolivarian state DE MIRANDA municipality of Cha
cao The City Council of the Municipality of Chacao State Bolivariano de Miranda,
in exercise of the powers set out in paragraph 1 of Article 54 and paragraph 1
of Article 95 Ordinal 3 of the Organic Law of Public Power Municipal, the follow
ing sanctions: ORDINANCE ON SOLID WASTE AND WASTE TITLE I GENERAL PROVISIONS Art
icle 1 .- Purpose This ordinance is to regulate the integral management of waste
and solid waste and prevent environmental risk situations that endanger health
and cause environmental degradation in the jurisdiction of the Municipality of C
hacao. ARTICLE 2 .- Municipal Jurisdiction Autonomous Institute of Civil Protect
ion and Environment (IPCA) is the body responsible for overseeing the faithful f
ulfillment of obligations established in this Ordinance and in particular that r
elating to the waste collection service and solid waste and to carry out the adm
inistrative procedure under this Ordinance. Glossary ARTICLE 3 .- For the purpos
es of this Ordinance and according to its structure, provides the following defi
nitions: Integrated Waste Management and Solid Waste: The process that incorpora
tes policies, resources and actions aimed at waste management and solid waste in
the jurisdiction of the municipality. It includes the following phases: generat
ion, collection, storage, transport, transfer, processing, use, disposal and any
other operation involving waste and solid waste. Debris and Solid Waste: Any su
bstance or object which the holder discards or is required to discard and which
are normally generated by a community, other agricultural waste. They are classi
fied according to land use and location as residential, business, commercial, in
dustrial, hospital, construction and demolition, hazardous and non hazardous. Wa
ste: Any material or combination of materials resulting from any process that is
not intended for use or is not usable and should be removed or disposed of perm
anently. Residue: All articles or substances that the holder no longer considere
d of sufficient value to be retained, but that can be treated, reused, recycled
or recovered through the use of various technologies. Selective Collection: Sepa
ration of waste at source by material type.
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Utilization of waste: Use of systems such as: recycling, recovery, reduction, co
mposting, vermiculture and other science and technology develop, for the purpose
s of making a profit on solid waste. Temporary Storage Areas: common site in whi
ch users have the scrap and waste for collection. Waste Generated in Health: Mat
erial or substance generated or produced in establishments related to the health
sector, human or animal, whatever its nature or origin intended to disuse or ab
andonment.€Collection Process: A set of activities for the storage or waste coll
ection and solid waste from temporary storage areas, in order to transport to fi
nal disposal site. Secondary Waste: Substances or materials, solid or liquid, th
at flow from units or compacting collectors at the time of collection, removal o
r compaction of waste and residues. Disposition: Phase in which are arranged in
final form, health and environmentally safe waste and solid waste. PART II OF TH
E INTEGRAL MANAGEMENT OF SOLID WASTE AND WASTE MANAGEMENT CHAPTER I ARTICLE 4 .-
INTEGRAL Integrated Waste Management and Waste 1. The integrated management of
waste and residues in the Chacao municipality is in accordance with the guidelin
es established in the Plan Integral Municipal Waste Management and Waste. 2. El
Plan Integral Municipal Waste Management and Waste is approved by the mayor by d
ecree and prepared by a committee, the Mayor believes the purpose, comprising re
presentatives from all areas of municipal management of the dealership involved
and to provide public service of urban and household of the municipality or othe
rwise. ARTICLE 5 .- Preparation of Municipal Comprehensive Management Plan 1. El
Plan Integral Municipal Waste Management and Waste is produced in accordance wi
th the provisions of the National Plan of Integrated Waste Management and Solid
Waste, if it exists. 2. The Municipal Plan must be developed using the methods o
f consultation and citizen participation exist, and taking into account social,
economic, health and environmental issues; providing for the use of the latest t
echnologies and processes best suited to the needs and characteristics of munici
pal spaces, in order to optimize the performance or operational phases, control,
supervision and management oversight.
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ARTICLE 6 .- Providing of the urban and household 1. The service for urban and h
ousehold is developed through the procedures laid down in the rules governing th
e municipal government. 2. Whoever violates this rule, shall be punished by a fi
ne of ten (10) and thirty (30) tax units in the case of natural persons or a fin
e of forty (40) and sixty (60) tax units in the case of legal persons and as the
immediate suspension of the activity. CHAPTER II OF THE GENERATION OF WASTE AND
SOLID WASTE ARTICLE 7 .- The Waste Generation and Solid Waste Any natural or le
gal person, public or private, producing or holding waste and solid waste as a r
esult of its operation, should proceed at their disposal and destruction in acco
rdance with the provisions of this ordinance. ARTICLE 8 .- Prohibition of throwi
ng a Public Way. It is prohibited to launch all kinds of road debris and waste.
2. Those traveling on public roads in the municipality and intend to dispose of
waste and residues must use baskets or bins installed for this purpose. 3. Whoev
er violates this rule, shall be punished by a fine of three (3) and six (6) tax
units. ARTICLE 9 .- Prohibition 1 installing furniture and stuff. The affixing o
f furniture and junk to be disposed of in areas designated for the temporary dis
posal of waste and solid waste from households or commercial or public areas. 2.
Whoever violates this rule, shall be punished by a fine of ten (10) and twenty
(20) tax units. ARTICLE 10 .- Cleaning of Sidewalks 1. The owners, managers, adm
inistrators or individual responsible for commercial or industrial establishment
s, as well as residents of single-family residential property can take measures
to clean the sidewalks adjacent to the property, ensuring the proper disposal of
waste and waste product the activity. In the case of buildings, apartments or o
ffices this activity lies with managers, custodians or guardians. 2. In order to
guarantee and preserve the conditions of cleanliness of public areas of the mun
icipality that may be affected by the cleaning of sidewalks, establishing the re
sponsibility for the compliance of this Ordinance to the Community Environment C
ommittees or other groups of citizens to fulfill these functions.
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ARTICLE 11 .- advertising or publicity 1. Prohibiting littering public spaces an
d urban furniture installed in it, through acts involving post, distribute or la
unch posters, stickers, brochures,€leaflets and printed materials. 2. Whoever vi
olates this rule, shall be punished by a fine of ten (10) and twenty (20) tax un
its. Article 12 .- Prohibition of Striped, Drawings, Graffiti realization 1. Pro
hibiting littering public spaces or access to public and private, unless authori
zed by the owner, through acts that involve scratching or drawing, including the
performance of graffiti. 2. Whoever violates this rule, shall be punished by a
fine of ten (10) and twenty (20) tax units. ARTICLE 13 .- an animal droppings. T
he droppings of animals must be deposited by their owners, holders or responsibl
e dog waste bins located for such purposes in the jurisdiction of the Municipali
ty of Chacao. 2. Improper disposal thereof shall be punished by a fine of betwee
n three (3) and five (5) tax units. ARTICLE 14 .- Animal Carcasses 1. It is proh
ibited to abandon animal carcasses of any species, and their burial in public la
nd or public use. 2. Whoever violates this rule, shall be punished by a fine of
ten (10) and twenty (20) tax units. ARTICLE 15 .- Deposit Debris 1. Place is pro
hibited in public spaces and commercial areas, all kinds of debris and waste fro
m construction and renovation of buildings or works carried out inside or outsid
e of them. 2. This prohibition on grounds of general interest and protecting env
ironmental quality and the guarantee of public ornament. 3. Whoever violates thi
s rule, shall be punished by a fine of ten (10) and thirty (30) tax units. ARTIC
LE 16 .- All Grease Trap a business establishment that dispenses food or engagin
g in any kind that require the use of oils and lubricants should have a grease t
rap that meets the characteristics in the standards and criteria for the provisi
on adequate waste and municipal solid waste. 2 Once installed, the merchant must
ensure the proper operation of grease traps, through, inter alia, for carrying
out periodic maintenance. 3 Every person who contravenes this provision shall be
punished by a fine of between ten (10) and thirty (30) tax units.
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ARTICLE 17 .- deposit waste that exceeds the capacity of the container 1. It is
prohibited to deposit on containers, packages or bags for waste and solid waste
from households, commercial or any other kind of objects or waste whose weight o
r volume exceeds the capacity of the container authorized. 2. Whoever violates t
his rule, shall be punished by a fine of ten (10) and twenty (20) tax units. ART
ICLE 18 .- Deposit Substances that pose 1. Without prejudice to other existing p
rovisions, is permitted to deposit in vessels, containers or bags for waste and
hazardous municipal solid waste, liquid waste, explosive, flammable, toxic, radi
oactive or in any way involve risks in handling or public health in general. 2.
Whoever violates this rule, shall be punished by a fine of twenty (20) and thirt
y (30) tax units. ARTICLE 19 .- Clean Activity Zone Loading and Unloading 1. The
owners, tenants or managers of commercial establishments that receive goods of
any kind should take appropriate action to end the shipment of these in areas wh
ere the activity is done loading and unloading not foul public spaces. 2. Whoeve
r violates this rule, shall be punished by a fine of ten (10) and twenty (20) ta
x units. ARTICLE 20 .- Cleaning of Private Gardens 1. The waste product of the c
leanup of private gardens should be prepared following the standards and criteri
a for proper disposal of waste and municipal solid wastes, issued by the Autonom
ous Institute of Municipal Civil Protection and Environment. 2. Whoever violates
this rule, shall be punished by a fine of five (5) and ten (10) tax units. ARTI
CLE 21 .- General Prohibitions also is prohibited in the jurisdiction of the Mun
icipality of Chacao: 1 Burning waste, waste material of any nature, except where
previously authorized and under the conditions permitted. Whoever violates this
rule, shall be punished by a fine of ten (10) and twenty (20) tax units. 2nd Pi
tch to the pavements, streets, roads, waterways and other public places liquid w
aste, even when they come from external or internal cleaning of buildings. Whoev
er violates this provision,€shall be punished by a fine of between five (5) and
ten (10) tax units. 3rd Pitch to the pavements, streets, alleys, waterways and o
ther public sewage. Whoever violates this rule, shall be punished by a fine of t
en (10) and thirty (30) tax units. 4 ° Diverting water bodies into public spaces
through the process of draining the land or bad product
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installations, breakdowns, ruptures or take to the water pipes. Whoever violates
this rule, shall be punished by a fine of ten (10) and thirty (30) tax units. 5
° Soil public spaces in the carrying out of repair or maintenance of any vehicl
es, equipment or artifacts. Whoever violates this rule, shall be punished by a f
ine of ten (10) and twenty (20) tax units. 6 ° Wash any vehicle, equipment or de
vices in public areas. Whoever violates this rule, shall be punished by a fine o
f five (5) and ten (10) tax units. 7 ° Abandon any vehicle, equipment or devices
in public areas. Whoever violates this rule, shall be punished by a fine of ten
(10) and thirty (30) tax units. CHAPTER III TEMPORARY STORAGE OF ARTICLE 22 .-
Proper Disposal of Waste and Municipal Waste 1. Waste and municipal solid waste
must be disposed in temporary storage areas in accordance with the provisions of
this ordinance and the rules and criteria for proper disposal of waste and muni
cipal solid waste. 2. Whoever violates this rule, shall be punished by a fine of
five (5) and ten (10) tax units. ARTICLE 23 .- Performance of Office for the Re
moval and Disposal of Solid Waste and Waste When waste and solid waste abandoned
or disposed of in a manner contrary to the provisions of this Ordinance and oth
er applicable rules, the Municipal Autonomous Institute of Civil and Environment
Protection (IPCA), you can open once the procedure of its own motion the remova
l and subsequent disposal of these, from the liable when appropriate. ARTICLE 24
.- Characteristics of Recipients The characteristics of the bins or containers
for temporary storage will be determined in the operating plan for the collectio
n company, according to the characteristics of harvesting equipment to use, to s
erve the community, available area for location and technical specifications giv
en by the municipal executive following the provisions of the Waste Act and Soli
d Waste. ARTICLE 25 .- Requirements for temporary storage of waste and residues.
1 All temporary storage sites of waste and waste from commercial or residential
buildings must meet the following conditions: 1 Being located in areas that all
ow easy access for collecting units.
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2 ° Have Adequate drainage mechanisms, ventilation, lighting and security, under
stood as controlled access to the area. 3rd Run periodic maintenance plans for t
he purpose of ensuring the cleanliness of these areas and the sanitary condition
s thereof. 2 Those who fail to comply with this provision will be fined between
thirty (30) and forty (40) tax units. Article 26 .- Disposal Schedule 1. The was
te disposal and solid waste in temporary storage areas should be between one and
three hours before the time of collection set for the area concerned. 2. Whoeve
r violates this rule, shall be punished by a fine of five (5) and ten (10) tax u
nits for residential buildings and ten (10) and fifteen (15) tax units for retai
lers. ARTICLE 27 .- Waste Generated in Health a waste generated in health facili
ties should be submitted for the purposes of collection, duly sealed, taking int
o consideration the submission and placement measures for these wastes in accord
ance with the regulations governing field. 2 The temporary storage of wastes gen
erated in health facilities that apply to the types B, C and D must be in contai
ners and under the conditions laid down in Decree No. 2218 dated April 23, 1992
"Rules for Classification and waste management in health facilities ", Official
Gazette Extraordinary No. 4418 dated April 27, 1992 or replacing legal instrumen
t. 3 Improper disposal of these wastes shall be punished with fines ranging betw
een thirty (30) and forty (40) tax units in the case of the waste type B€between
fifty (50) and sixty (60) tax units in cases of waste types C and D. CHAPTER IV
 THE WASTE COLLECTION SERVICE AND SOLID WASTE ARTICLE 28 .- Collection Methods a
nd Systems The municipality shall adopt the collection methods or systems best s
uited to the characteristics of the municipal territory, ensuring compliance wit
h health conditions and service appropriate environmental. ARTICLE 29 .- In Publ
ic Areas or Public Use solid waste generated in public areas or public use the m
unicipality must be removed by regular scanning operations manual, mechanical or
washing. ARTICLE 30 .- Collection Schedule 1. The Mayor approved the route and
schedule waste collection and waste in the municipality, taking into account the
normal working hours of shops and off-peak hours traffic on public roads.
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2. The schedule must indicate the time at which the inhabitants of the Chacao mu
nicipality shall for the purposes of collection, containers or bags pleased with
the litter and waste in temporary storage areas. ARTICLE 31 .- Collection and T
ransport Equipment Harvesting equipment and transportation must be identified an
d maintained in good sanitary conditions, operation and functioning in accordanc
e with the laws and other regulations governing the matter. Article 32 .- Collec
tion Fee for Concept 1. The rate imposed by the concept of waste collection serv
ice and solid waste is determined by a special order issued to that effect when
the service is performed by the Municipality directly. 2. For those cases where
the service is provided under other procedures laid down in this Ordinance, the
rate is fixed by the relevant legal instrument. ARTICLE 33 .- Selective Collecti
on Manager Responsible for providing the collection service will be responsible
for providing appropriate containers for selective collection of waste in tempor
ary storage areas, as well as making the information and education campaign on t
he benefits of this activity. CHAPTER V THE TRANSPORTATION ARTICLE 34 .- Transpo
rt of Waste and Solid Waste transport of waste and waste generated within the ju
risdiction of the municipality of Chacao is performed under the conditions estab
lished in this ordinance. ARTICLE 35 .- Waste and Waste Transport through a Conc
ession 1. In the event that the transport of waste and waste generated in the Ju
risdiction of the Municipality of Chacao is conducted through a dealership, it w
ill have the obligation not generate secondary waste product collection activity
. 2. Whoever violates this rule, shall be punished by a fine of twenty (20) and
thirty (30) tax units. Article 36 .- Transportation of Debris, Building Material
s and Waste Plant 1. The collection and transport of debris, building materials
and vegetable waste, is carried out in properly equipped vehicles the devices ne
cessary to prevent the contents transported dirty or damaged roads and other pub
lic spaces. 2. Whoever violates this rule, shall be punished by a fine of ten (1
0) and thirty (30) tax units.
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Article 37 .- Guaranty Every natural or legal person who provides solid waste di
sposal or people acting under conditions other than those covered by this ordina
nce, it should respond jointly and severally for the damages that may arise from
this cause, without prejudice to the sanctions as may be appropriate. Chapter V
I USE OF ARTICLE 38 .- Use of Solid Waste Solid waste characteristics allow, sho
uld be exploited through their use or re-entry into the production process as a
minor subject, without which represents risks to health and the environment. ART
ICLE 39 .- Activities of Utilization of Waste and Solid Waste activity waste uti
lization and waste within the jurisdiction of the municipality is made according
to use systems that are approved by the mayor by decree. ARTICLE 40 .- Activity
Waste Utilization for Commercial Purposes 1. The activity recovery of waste for
commercial purposes can not be performed within the jurisdiction of the municip
ality without the authorization of the Mayor or her delegate such attribution. 2
. Whoever violates this rule, shall be punished by a fine of ten (10) and twenty
(20) tax units in the case of natural persons or a fine of thirty (30) and fift
y (50) tax units in the case of legal persons. ARTICLE 41.- Separation Programs
Municipality promote mechanisms for citizens to participate in the programs of s
olid waste separation at source, according to the methods and systems to be impl
emented taking into consideration the health and environmental aspects, and in o
rder to minimize their generation. Article 42 .- Transfer Activities, processing
transfer activities, processing of waste and waste generated in the jurisdictio
n of the municipality is governed by the law and other technical provisions gove
rning the matter. Article 43 .- Disposal The disposal of waste and waste generat
ed in the municipality is developed by the Metropolitan District of Caracas, acc
ording to health and environmental regulations for the installation and operatio
n of disposal sites.
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CHAPTER VII EDUCATION AND CIVIC PARTICIPATION Citizenship ARTICLE 44 .- The Auto
nomous Municipal Institute of Civil Protection and Environment (IPCA) will promo
te citizen participation in monitoring, control and implementation of activities
aimed at handling and proper disposal of waste and waste in the area where the
community develops. ARTICLE 45 .- Direct Participation in Prevention Activities
and Self-Municipal Planning Institute of Civil Protection and Environment (IPCA)
, promote activities for the community to be established as an active subject in
the development of a healthy environment, through direct involvement in prevent
ion and planning activities of public interest in environmental protection. ARTI
CLE 46 .- Self Campaigns Municipal Educational Institute of Civil Protection and
Environment (IPCA) promote institutional development of educational campaigns f
or the community, with respect to the obligations imposed by this Ordinance. PAR
T III CHAPTER I PROCEDURES OF ROUTINE PROCEDURE ARTICLE 47 .- Beginning of Proce
dure 1. To initiate proceedings ex officio, the Autonomous Institute Municipal C
ivil Protection and Environment (IPCA) order the commencement of this situation
by notifying individuals whose individual rights or legitimate interests, person
al and direct potentially affected by granting a period of ten (10) working days
to submit their arguments, enhance and dispose of the evidence they consider re
levant. Expiry of that period will continue with the proceedings. 2. Commencemen
t of the proceedings upon request of an interested party, the Independent Munici
pal Institute of Civil Protection and Environment (IPCA), order the inspection o
n the site and verified the allegations, will be opened to the procedure and not
ify the individuals whose individual rights or legitimate interests personal and
direct potentially affected by granting a period of ten (10) business days to s
ubmit their arguments, enhance and dispose of the evidence. 3. Expiry of that pe
riod continue with the proceedings. ARTICLE 48 .- Letter to request a party to p
roceedings initiated at the request of a party, it must state the following aspe
cts: 1 The agency to which it is addressed.
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Names 2nd or complete the complainants and the corresponding numbers of identity
cards, or failing that passport numbers. If the complainant is a legal entity w
ill require instrument attesting to their representation. 3rd clear and concise
expression or the allegations. 4 ° Location of where the events allegedly occurr
ed that are reported, indicating the street or avenue, or trade name of the prop
erty condemned, name of the Construction and any other indication that the compl
ainant's view considers relevant information. 5 ° Name and surname of the accuse
d, address of place of residence or other place where you can receive informatio
n or notification, telephone number and email, if knew or any. ARTICLE 49 .- Len
gth of time for a commitment. If within the probationary period stated in previo
us articles, the alleged offender is committed by letter allocated to the Autono
mous Institute of Municipal Civil Protection and Environment (IPCA) to correct t
he irregularities will open within five (5) days working to implement the commit
ment. 2. This period may be extended by a reasoned request, taking into account
the particular characteristics and complexity of the case. Article 50 .- Inspect
ion Once the time period provided for in the preceding article or extension, the
Autonomous Institute of Municipal Civil Protection and Environment (IPCA), Orde
r a re-inspection for the purpose of verifying compliance with the undertaking.
Corrected the irregularities of the procedure ordered closed. ARTICLE 51 .- Deci
sion The decision will occur within twenty (20) business days following the expi
ration of the period for filing claims, seek and adduce evidence and the time gi
ven to rectify the irregularities. ARTICLE 52 .- Completion of Procedure If the
decision of the Autonomous Institute of Municipal Civil Protection and Environme
nt (IPCA), determines that there is no violation of this Ordinance, he shall not
ify the alleged violator and the complainant of the procedure is closed. Article
53 .- Notification The decision shrinks the previous article, we will notify in
terested parties, according to the rules provided in this Ordinance. CHAPTER II
THE PROCEDURE BY ARTICLE 54 .- FLAGRANCY FLAGRANCY the purposes of this Ordinanc
e, shall mean flagrant violation being committed or has just committed and the o
ffender is caught in the
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the commission of an environmental inspector or any police officer serving the m
unicipality. ARTICLE 55 .- Disclaimer Statement of the infringement, the Environ
mental Inspector will impose the appropriate sentence in which the initiation of
a period of three (3) business days, for the purposes that the alleged offender
present his letter of discharge. ARTICLE 56 .- Record Imposed the penalty shall
be open records, which contain all the processing is to be created in the matte
r. ARTICLE 57 .- Procedure Completion of disclaimers in the letter of the allege
d violator may admit the violation and to enter the bank receipt for the payment
of the fine imposed, in which case it shall order the closure of the file. ARTI
CLE 58 .- Objection to the penalty imposed if the letter of discharge the allege
d violator contests the fine, will open within five (5) business days for the pr
omotion and examination of the evidence, starting from the next working day the
presentation of the document. ARTICLE 59 .- Lapse to Decide Within twenty (20) b
usiness days following the expiration of the probationary period, the Autonomous
Institute of Municipal Civil Protection and Environment (IPCA) will issue the r
espective decision confirming or revoking the sanction imposed. This period may
be extended only once by an act motivated. ARTICLE 60 .- Admission of Offense If
the alleged offender does not present the letter of discharge within the period
established in this Ordinance, shall be deemed admitted the offense. In this ca
se the expiration of the probationary period, the Autonomous Institute of Munici
pal Civil Protection and Environment (IPCA) will issue the decision within twent
y (20) business days following the expiration of that period. CHAPTER III OF RES
OURCES ARTICLE 61 .- Self Notification Municipal Institute of Civil Protection a
nd Environment (IPCA) notify interested parties of any administrative act of a p
rivate character affecting their individual rights or legitimate interests, pers
onal and direct. The notification must contain the full text of the measure and
indicate the resources that come with an expression of the terms for exercise an
d to the authorities which must be made.
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Article 62 .- Notification Recipient 1. The notice shall be addressed to the add
ressee and, if necessary, any other person having a legitimate interest, persona
l and direct. 2. The notice shall be notified personally and will record the per
son signed the receipt of the official notification, stating the date on which i
t occurred. ARTICLE 63 .- Location of Notification The notification may be pract
iced in a room with the person to whom it is directed, in the place where the in
fringement is generated in this Ordinance, or their normal place of work, in the
latter case which is sufficient to deliver the notice to any person who signed
receipt by recording the date and time when the act is performed, as well as you
r name and identity card. Article 64 .- Publication of the act when it is imprac
ticable, the notice in the manner prescribed in the preceding articles shall be
the act of publication in a newspaper of national circulation, and in this case,
the person notified shall mean fifteen (15) days after publication, a fact whic
h will be noted explicitly. Article 65 .- Appeal for Reconsideration 1. Acts tha
t are issued on the occasion of this Ordinance, affecting individual rights or l
egitimate interests, personal and direct citizen, may be contested,€by filing th
e complaint because before the Autonomous Institute of Municipal Civil Protectio
n and Environment (IPCA), within fifteen (15) working days following notificatio
n of the contested decision. 2. The appeal will be decided within fifteen (15) b
usiness days and shall be administratively exhausted. ARTICLE 66 .- Administrati
ve Silence Negative In cases in which the municipal administration has not issue
d the written decision or appeals to the citizen, within the periods specified i
n this Ordinance, be deemed to have operated the negative administrative silence
. CHAPTER IV OF THE FUND ARTICLE 67 .- Payment Registry Autonomous Institute of
Municipal Civil Protection and Environment (IPCA), keep a record of payment proc
eeds of the sanctions imposed for violation of this Ordinance and those interest
ed should obtain the appropriate solvent.
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ARTICLE 68 .- Value of Fines Imposed an Autonomous Institute Municipal Civil Pro
tection and Environment (IPCA) forward to the Tax Administration Division of the
Mayor of the Municipality of Chacao, an account of the fines imposed by the con
cept of breach of this Ordinance to the end that should perform the appropriate
recovery efforts. 2 The Department of Revenue sent to the Autonomous Institute o
f Municipal Civil Protection and Environment (IPCA), information on payments rec
eived for fines, which will update the register of offenders. CHAPTER V SUPPLEME
NTARY PROVISIONS ARTICLE 69 .- Recidivism 1. In case of recurrence of breaches r
eferred to in the preceding articles, the penalty will be doubled compared to th
e previous one which he has been imposed on the offender. 2. In case of recurren
ce for more than three times in one year the commercial sector, the Autonomous I
nstitute Municipal Civil Protection and Environment will prepare a report to be
submitted to the Department of Revenue to set in motion a summary procedure lead
ing to the temporary closure of the up to a maximum of 15 continuous days. Artic
le 70 .- Responsibilities The imposition of sanctions provided for in this Ordin
ance, does not exclude the liabilities of any nature in which offenders may incu
r from it by the damage caused to municipal public property. Article 71 .- Guara
nty The employer is jointly liable with the employee or any person under his or
recruitment, when they violate any of the obligations under this Ordinance. ARTI
CLE 72 .- Penalties The penalties referred to in this ordinance shall be imposed
on owners, tenants or occupants of any title of the property and / or businesse
s. In case of buildings or shopping centers sanctions imposed upon the board of
condominium or the administrator of the property. Article 73 .- Obligation of Of
fenders Without prejudice to the penalties established in this ordinance, offend
ers are required to correct and / or repair and return from the path space with
the original conditions.
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PART IV FINAL PROVISIONS ARTICLE 74 .- Reference 1. All matters not covered in t
he procedures in this Ordinance, is governed by the provisions of the Organic La
w on Administrative Procedures. 2. All matters not covered by this ordinance sha
ll be regulated as provided in the Waste Act and Solid Waste, or the legal syste
m that replaces it. Regulation Article 75 .- All provisions of this Ordinance, m
ay be developed by regulation issued for that purpose, subject to the purpose, s
pirit and reason of them. 76 .- Repeal Ordinance is repealed Partial Amendment t
o the Ordinance on Waste Collection and Waste, Municipal published in the Gazett
e Extraordinary No. 2627, dated September 17, 1999. Legis vacatio ARTICLE 77 .-
This Ordinance shall be effective sixty (60) calendar days, counted from publica
tion in the Gaceta Municipal. Given, signed and sealed in the room where in sess
ion the City Council of the Municipality of Chacao, at seventeen (17) days of Ma
y two thousand and seven (2007). Years of Independence 197 º and 148 º of the Fe
deration.
THE PRESIDENT Raúl Solórzano
ALEJANDRO LOVERA The City Clerk (E)
Mayor's Office in Chacao, eight (8) day of June two thousand seven (2007). Years
of Independence 197 ° and 148 ° of the Federation. Meets, published and be exec
uted.
MAYOR LEOPOLDO MENDOZA LÓPEZ
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