"Let's Not be Trash to our Beaches." Image Source- MARN, Gobierno El Salvador.
El Salvador Environmental Law

El Salvador Reforms Environmental Law and Penal Code to Impose Fines on Violations

Soledad Quartucci

El Salvador Reforms Environmental Law and Penal Code to Impose Fines on Violations

El Salvador reforms Environmental Law and Penal Code to impose fines on those who dump garbage in unauthorized places, and civil liability sanctions on those who seriously endanger the environment and the lives of Salvadorans. With the imposition of sanctions, the deputies seek to make the population aware of the importance of not throwing solid waste in inappropriate spaces.

 

El Salvador Reforms Environmental Law and Penal Code to Impose Fines on Violations
Image Source- MARN, Gobierno El Salvador.

 

In order to reduce the levels of environmental contamination in El Salvador and educate the population to avoid harmful practices, the deputies of Nuevas Ideas proposed reforms to article 98 of the Environmental Law.

The amendments define a penalty of $20 for those who throw less than two pounds of waste in inappropriate places. If the fine is paid within a maximum period of 10 days, the amount will be reduced to 50%.

These amendments are added to the reforms proposed to article 257 of the Penal Code to punish people who throw more than two pounds of garbage in unauthorized spaces.

 

 

The parliamentarian of the Cyan Bench, Carlos Bruch, explained that these modifications contemplate that people are creditors of a fine of $1,500 and if they do not pay it they will have a tax insolvency in the Treasury, they will not be able to process their police certificate or leave the country.

 

El Salvador Reforms Environmental Law and Penal Code to Impose Fines on Violations
“Let’s Not be Trash to our Beaches.” Image Source- MARN, Gobierno El Salvador.

 

“If the fact is classified as improper disposal of waste, the sanction will be paid with a sentence of one to three years in prison, which may be replaced by public utility work. And if it is done from a car, the license will be suspended for up to six months,” explained the official.

 

 

The other amendment contemplates that if the competent authorities, in this case the Ministry of the Environment and Natural Resources, establish that “environmental contamination” has been committed, by proving the impact on the ecosystem, the persons indicated must pay a 100% fine. If they do not cancel it within a year, they will not be able to leave the country, nor process the police or treasury solvency.

 

 

Deputy Helen Jovel added that these amendments are not intended to affect the population, but rather to raise awareness of the misuse of solid waste and residues that generate pollution throughout the country.

 

Image Source:@AsambleaSV. “We are committed to caring for our environment and leaving a better country for the next generation. We have approved digital evidence for sanctioning those who throw trash in unauthorized places.”

 

“Our intention is not to affect the pockets of Salvadorans, because we know that it is difficult for each one of us to earn money; but we do seek that the garbage is not thrown where it does not belong so as not to incur fines,” said the deputy.

The institution in charge of regulating and supervising compliance with the regulations will be the Ministry of the Environment, which will process the sanctioning administrative processes. In addition, it will be the National Civil Police (PNC) that will impose the fines, detailed the parliamentarian Rodrigo Ayala, who proposed the two reform projects.

 

El Salvador Reforms Environmental Law and Penal Code to Impose Fines on Violations
Source: Asamblea El Salvador, Environmental Actions and Sanctions.

 

“It is intended to prevent the negative effects of the improper disposal of waste in cities, streets, sidewalks and public spaces that cause damage to health. What is sought with these reforms is that any person who throws garbage in improper places be sanctioned,” said legislator Bruch.

 

 

During the last few weeks, legislative members met with delegates from the Ministries of Health and Environment, as well as representatives of the Attorney General’s Office and the Supreme Court of Justice, who explained how the mismanagement of garbage generates problems of health and serious damage to ecosystems.

 

 

According to the monitoring carried out by the Ministry of the Environment, the main aggravating factor for the contamination of water resources in the country is the final disposal of garbage or solid waste by citizens. This report revealed that of the 55 rivers that were monitored by the institution, 17 resulted in poor water quality and another five had “extremely poor water quality.”

 

 

Soledad Quartucci | Latina Republic

Dr. Soledad Quartucci is the founder and CEO of Latina Republic, a 501(C)3 California-based nonprofit organization. Latina Republic is committed to improving the diversity and professional development of storytellers in the media industry as representation matters and affects the stories we tell. Latina Republic makes space for and empowers unheard voices and trains the next generation of leaders in the U.S.

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