It is the power and duty of the person responsible for the Environmental Management (Gestión Ambiental) processes, through their personnel, for the Integrated Management of Solid Waste, which, in coordination with other municipal units, in accordance with their competence, the following:
a- To plan, design, implement, operate, and provide the public service of integrated management of solid waste under municipal jurisdiction.
b- To elaborate, implement, and operate the environmental education and information campaigns necessary for the correct implementation of the integrated management of solid waste under municipal jurisdiction.
c- To elaborate, implement, and operate an area for handling user complaints, through which complaints are handled and processed in relation to the rights and obligations established by this Regulation for municipal authorities and for the inhabitants and visitors of the canton. This task must be done in coordination with municipal inspectors or the municipal police when applicable.
d- To observe and monitor compliance with the regulations for the public service of integrated management of solid waste under municipal jurisdiction.
e- To supervise and monitor the correct provision of the public service of integrated management of ordinary solid waste under municipal jurisdiction, subject matter of the present regulation.
f- To establish the registry of companies and individuals authorized for the provision of services for the integrated management of ordinary solid waste under municipal jurisdiction referred to in this regulation.
g- To establish and keep updated the registry and database of large generators of solid waste under municipal jurisdiction.
h- To issue the corresponding technical opinions for the provision of the public service of urban sanitation under municipal jurisdiction to the owners and/or responsible parties of subdivisions (fraccionamientos) and housing complexes of any type.
i- To organize administratively and operationally the public service of urban sanitation under municipal jurisdiction and formulate the annual program thereof in accordance with the Plan Municipal de Gestión Integral de Residuos Sólidos.
j- To carry out campaigns for the prevention and minimization, collection, reuse, recovery, and separation of valorizable waste contained in solid waste under municipal jurisdiction.
k- To stimulate and promote, with the population, the activities necessary to aid in the surveillance and compliance with this regulation.
l- To implement preventive actions and mechanisms to avoid throwing, spilling, depositing, or accumulating waste in public spaces that could cause harm to health, hinder their free use, or damage the urban image, in accordance with article 8, subsection f) of Ley 8839. m- To permanently monitor the correct separation of solid waste under municipal jurisdiction at the generation sources.
n- To permanently monitor the absence of hazardous waste in solid waste under municipal jurisdiction and notify the competent authorities of the presence of hazardous and special handling waste during the provision of the public urban sanitation service under municipal jurisdiction.
o- To establish and inform the population of the routes, schedules, and frequency with which the public urban sanitation service under municipal jurisdiction will be provided.
p- To coordinate with national authorities in monitoring compliance with current regulations.
q- To determine, together with the finance department, the amount of the taxes for the service to which the provision of the public urban sanitation service will be subject.
r- To seek the use of instruments, personnel, and machinery in such a way as to allow the optimization of its functions, resources, and the public service provided. s- To prohibit the separation of waste in solid waste collection or transport trucks, under conditions not authorized by the Municipality.
t- To promote the establishment of recovery centers.
u- To maintain detailed data systems that will integrate the Information System on the Integrated Management of Waste (Sistema de Información sobre la Gestión Integral de Residuos), which will contain information relating to the local situation, inventories of waste generated, the infrastructure available for its handling, the legal provisions applicable to its regulation and control, and other aspects that facilitate the achievement of the objectives of the Law.
v- To coordinate with national authorities for the execution of the applicable legal provisions regarding special handling and hazardous waste.
w- To prevent and eliminate open dumps, unauthorized collection, and stockpiling of waste within the canton.
x- To coordinate with other municipal authorities for the application of joint actions for the prevention and integrated management of solid waste under municipal jurisdiction.
y- The other faculties and powers granted by this ordinance and applicable legal provisions.
Of the integrated management of solid waste.
Article 8 Of the responsibilities.
Both the generators, the users of the service, as well as the individuals and legal entities authorized by the Municipality for the handling of some of the stages of solid waste management in the canton, are responsible for complying with the provisions established in this regulation.
The responsibilities of the different actors are as follows:
- a)Responsibilities of the Generators.
1-To temporarily store the amount of waste generated in their home, business, or others in such a way that they do not cause any environmental impact and/or risk to their health or that of other people in the community.
2-To place the solid waste generated for the collection service only the night before and the day of the corresponding collection day, in such a way that they do not cause environmental or health impacts.
3-The waste to be collected must be in closed plastic bags or closed receptacles, placed on public roads in a way that does not obstruct free transit, or in the sites already designated by the municipality due to difficult access.
4-In areas where the Municipality offers the separate collection service for valorizable materials, these must be separated from their generation and placed separately for the collection service.
5-Valorizable waste such as glass, paper, cardboard, plastic, and aluminum, among others, must be delivered dry and free of organic waste and within the established schedule. The collecting entity may establish other or new conditions for its separation, packaging, and collection, which shall be communicated previously to the users in writing.
6-Sharp waste must be individually packaged to minimize the risk for collection personnel.
8-To place ordinary waste in bags or another receptacle on the ground or in a low-height metal basket, in front of their property, or in a collective container, within the boundaries of the public road and from where the collection truck can have easy access to carry out the collection thereof.
9-In areas where collective receptacles are offered, the generator must deposit their solid waste in the same, guaranteeing that they will be freely accessible to the municipal personnel responsible for collection, and they shall be closed after their use.
In case the waste is spread on the public road before being collected, the generator is obliged to pick it up and deposit it again in a receptacle; it is the responsibility of the generator and property owner to keep the sites with the containers, trash cans, or fronts of their properties clean.
10-To keep clean the sites with the containers or receptacles where solid waste is placed while awaiting collection.
- b)Responsibilities of the Collectors.
1-To provide the solid waste collection service in an accessible, periodic, and efficient manner for all users.
2-To guarantee collection in the area assigned under their responsibility. The frequency of collection is decided by mutual agreement with the municipal officials. The collector may be the Municipality or a private company to which a concession was granted. Regardless of this, the responsibility remains with the Municipality.
3- The collecting entity shall establish the collection day(s) for the different sectors of the Canton, which shall be communicated to the citizenry periodically.