El Salvador’s New Special Law on Waste Collection and Disposal

Marianella Guidos, Senior Counsel in El Salvador expert in Environmental and Regulatory Law, shares this article on the new Special Law on Collection, Utilization, and Final Disposal of Waste (the "Law”). 

The Law was published in the Official Gazette on December 20, 2024, Number 244, Volume No. 445, entering into force on the same day. According to Article 109, the Law is of public order and will be effective from the date of its publication in the Official Gazette. Additionally, through this Article, the Law is declared to be of social interest, and the services included in it are considered public services, which may relate to the authority of ANDRES to establish Mixed Economy Companies, as detailed later. 

Regarding the declaration of the Law as being of public order, it is commonly understood to refer to retroactivity. However, the question might be: What does it mean for a waste law to be declared of public order, and what are its implications for its application in society? According to Article 21 of the Constitution, laws cannot have retroactive effect except in matters of public order. There is jurisprudence from the Supreme Court of Justice establishing the definition of public order, which can be variable and refer to the interests the legislator considers prevailing in society at a given time. Likewise, jurisprudence has expressly established that merely stating that a Law is of public order does not make it retroactive, as this could generate legal uncertainty, and respect for constitutional guarantees must always be presumed. 

When reading the Law and its considerations, an inter-institutional relationship between the government and municipalities is highlighted, which is very important for the functioning of the institution. From this, the legislator’s decision to establish that the Law is of public order may arise. 

Regarding the scope of this Law, it is important to note that previously another law on this subject existed, namely the General Law on Waste and Promotion of Recycling (LEGIR). Fundamentally, both laws are quite similar. However, the new Law does not repeal the previous one; rather, it establishes that for all matters not provided for in the new Law, the provisions of the Law on Administrative Procedures and LEGIR shall apply subsidiarily. Therefore, that law (LEGIR) remains in force as applicable. 

Additionally, Article 103 of the Special Law establishes that regulations, guidelines, resolutions, standards, agreements, and other general and specific provisions applicable to sectors regulated by the Law, as well as administrative provisions for internal operation issued by competent authorities, will remain in force insofar as they do not conflict with the Law, unless expressly repealed or amended. 

On the other hand, and a very important point to highlight, Articles 52 and 60 of the Environmental Law, which address contamination and final disposal of solid waste and pollution from substances, residues, and hazardous waste, were expressly repealed by the Law. Therefore, the existing legal framework on the subject continues to be in force. 

The objective of the Law is to regulate the following aspects: 

All of the above related to waste at the national level. Additionally, the Law aims to protect human health, preserve the environment, and promote a circular economy model. 

The Law applies to all natural and legal persons, whether public, private, or mixed-economy entities, which is closely related to the fact that the Law establishes its provisions as public order and that the services referred to are, by their nature, essential public services. This implies that the State has the possibility to establish a mixed-economy company together with a private entity to provide the services established by this Law, as these companies are precisely intended to provide public services. 

The Law applies to all generators of any type of waste in the national territory, including consumers. In this regard, the Law establishes that all persons are responsible for the waste they generate directly and must bear the costs of its integral management, proper handling, environmental contamination, and repair of any damage caused. 

Regarding the type of waste covered, there is some confusion, as it has been said that the Law was created to address municipal solid waste. However, the Law is broader, as it includes a definition of waste (essentially the fourth definition under Salvadoran regulations) that establishes that waste is any type of material, organic or inorganic, solid, liquid, or gaseous, that the generator abandons, rejects, or delivers and that can be reused or transformed into a new good. This definition is almost identical to that in LEGIR, except that LEGIR allows waste to be either reusable or non-reusable, whereas the Special Law only refers to waste that can be reused, which, in my opinion, is inconsistent, as the Special Law provides separate definitions for reusable and non-reusable waste. 

Regarding hazardous waste, the Law establishes that it will be subject to the integral waste management regime established in the Law but will be subject to special regulation, which has not yet been approved. In this regard, hazardous waste is subject to the Environmental Law (except Articles 52 and 60, which are repealed), LEGIR, the new Special Law, and the Special Regulation on Substances, Residues, and Hazardous Waste. 

The Law also establishes principles similar to those in LEGIR, adding the principle of Extended Producer Responsibility, which is highly relevant. This principle requires manufacturers to take responsibility for their products throughout the entire lifecycle, including post-consumption and final disposal. It also establishes the principle of traceability, which mandates that integral waste management must include self-sufficient, pre-established procedures to track the quantities, location, and path of waste or waste batches throughout the handling chain. 

Article 8 of the Law establishes that all generators of special waste must contract collection and final disposal services. Article 13 specifies that collection must be carried out by authorized companies, so as generators we must ensure this with special waste managers; collection must occur at a frequency that prevents excessive accumulation and promotes proper handling. 

Article 14 establishes that it is the responsibility of generators to: 

Collectors and transport companies are responsible for safe handling (the Law defines handling broadly) until delivery to treatment or final disposal facilities. Therefore, all industrial and commercial waste generators must ensure that collection and final disposal services are contracted and that all service providers used for collection, transport, and disposal are authorized. The same obligation applies to companies that only perform collection and transport, as they must ensure that special waste is delivered to authorized companies for final disposal. 

Currently, it is important to note that to know what procedures, technical requirements, or steps must be followed, we must wait for the regulations issued by ANDRES, as Article 11 establishes that ANDRES will issue specific regulations detailing waste classification, criteria, methodology, and procedures, including sampling and analysis methods. In the meantime, LEGIR and its regulations apply to matters not addressed in the new Special Law. 

Another important obligation is that both generators and managers must provide adequate temporary storage areas FOR EACH TYPE OF WASTE. This requires containment units, defined as physical or environmentally controlled areas for temporary storage of waste to prevent exposure that could negatively impact health and the environment. These units can be permanent or temporary. 

Although the Special Law provides no further detail on these units, LEGIR is supplementary, so Article 32 of LEGIR and its regulations (Article 12 establishes color codes for waste containment) apply. The Special Regulation on Integral Solid Waste Management also applies for temporary storage standards, including location, coverage, and capacity requirements. 

As of December 20, 2024, the National Solid Waste Authority (ANDRES) is established as the principal authority on waste. ANDRES is a public legal entity with its own assets and administrative, technical, and financial autonomy, attached to the Ministry of Public Works and Transportation (MOPT). ANDRES is competent nationwide, acting as the superior, deliberative, governing, and regulatory body in waste collection, utilization, and disposal policy. 

ANDRES is responsible for integral waste management and recycling, with exclusive authority to formulate, implement, and evaluate national sector policies. Article 105 establishes that ANDRES will issue, implement, and supervise national waste management policy, authorize and regulate all procedures related to management, transport, treatment, utilization, disposal, and recycling of solid waste, as well as infrastructure and operations related to these activities (transfer stations, recycling plants, collection centers, and landfills). Article 102 clarifies that pending and new applications during the first 90 days after the Law’s entry into force will be processed under the applicable previous law. 

ANDRES is responsible for regulation, direction, authorization issuance, monitoring, evaluation, control, enforcement of sanctions, and applicable technical regulations. It may assume, wholly or partially, municipal responsibilities for management, logistics, collection, utilization, and disposal of waste. Municipalities must make available to ANDRES all assets related to waste management. 

ANDRES is also the sole authority for administrative processes related to environmental evaluation, waste management plans, environmental impact assessments, and issuance of environmental permits for facilities and managers regulated by this Law. It develops or updates the National Plan for Integral Waste Management, administers the Integrated Waste Management System, and supervises authorizations and permits, including approval and registration of Waste Management Manuals. 

Due to the principle of specialty, natural and legal persons regulated by this Law are exempt from Chapter IV of the Environmental Law’s Environmental Assessment System, with the Authority issuing the corresponding regulations for compliance. Article 105 clarifies that previous references to other institutions for waste permits are now transferred to ANDRES. 

Regarding infractions and sanctions, the Law classifies them as minor, serious, and very serious. Minor infractions may be enforced by National Civil Police agents, Metropolitan Agents, transit managers of the Vice Ministry of Transportation, or inspectors designated by the competent authority. When a minor infraction is determined, a notice will be issued according to Article 77. Serious and very serious infractions will be sanctioned as described in Articles 81 and the following. 

The information provided by ARIAS® is presented for informational purposes only. This information is not legal advice and is not intended to create, and does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking advice from professional advisers.