The Regulation covers the following subjects:
1. Solid waste projects that require an Environmental Management Instrument
| Environment sector |
| National government (Ministry of Environment — MINAM) |
Regional government |
Local government |
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1. Nonhazardous solid waste conditioning areas and infrastructure located in natural protected areas and their buffer zones; regional conservation areas; fragile ecosystems; bodies of water; archeological, cultural and monumental heritage areas; as well as areas where the presence of archeological remains has been proven
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Investment projects within the framework of the competencies established for regional governments in Legislative Decree No. 1278 (Legislative Decree approving the Law on Integrated Waste Management) |
Investment projects within the framework of the competencies established for local governments in Legislative Decree No. 1278 (Legislative Decree approving the Law on Integrated Waste Management) |
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2. Solid waste treatment plant
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3. Sanitary landfill with a capacity ≥ 1,000 t/day
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4. Hazardous waste or mixed landfills, as well as hazardous waste landfills that include treatment plants
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5. Spoil tips with an operating capacity ≥ 1,000 t/day
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6. Spoil tips with solid construction and demolition waste recovery infrastructures with an operating capacity ≥ 1,000 t/day
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7. Projects that include two or more typologies contained in the Annex of Ministerial Resolution 260-2023-MINAM, with at least one typology included in this list
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2. Solid waste infrastructures that require an FTA
Paragraph 3.1 of the Annex to Ministerial Resolution No. 260-2023-MINAM has been amended to read as follows:
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Organic waste recovery infrastructure where at least one of the following activities is performed:
- Processing municipally managed organic waste or similar materials through composting and/or vermicomposting
- Recovering organic waste from nonmunicipal management resulting from the processes of economic activities
- Generating biochar through pyrolysis
- Hydrolyzing organic waste
- Extracting methane and/or biol (liquid, organic fertilizer) from organic waste
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Inorganic waste recovery infrastructure where at least one of the following activities is performed:
- Conditioning and/or recovering hazardous solid waste
- Dismantling and/or disassembling waste from electrical and electronic equipment (WEEE)
- Pyrolysis and/or coprocessing of end-of-life tires (ELT)
- Recovering oils and/or hazardous and nonhazardous oily mixtures without producing biodiesel
- Recovering used lead acid batteries through the following processes:
- Uncovering
- Draining
- Dismantling
- Recovering energy accumulators and similar materials other than used lead acid batteries
- Washing containers that have contained hazardous substances
- Destroying and/or physically disintegrating end-of-life vehicles (vehicle scrapping)
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| Infrastructure for the recovery of solid waste from construction and demolition |
| Municipal solid waste transfer plants |
| Landfills with a capacity of less than 1,000 t/day |
| Landfills with an operating capacity of less than 1,000 t/day |
| Landfills with infrastructure for the recovery of solid construction and demolition waste with an operating capacity of less than 1,000 t/day |
| Other infrastructure under Article 17(e) of Law No. 27446 (Law of the National Environmental Impact Assessment System) |
3. Additional considerations
- If the project is not detailed or includes two or more typologies, the binding opinion of the MINAM on the Environmental Certification requirement must be requested.
- Waste conditioning areas that are not subject to the SEIA comply with the Environmental Technical Provisions established by the MINAM. Therefore, it is not necessary to submit an FTA.
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We hope this information is of relevance to you and your company. Please do not hesitate to contact us if you require any advice in this regard.
Click here to read Spanish version.
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