CEPAL? SERIES environment and development Nor 47

59

3. Conclusions and considerations

for environmental authorities

they interested in applying collections

by water contamination

풮uede to function the contaminador-paying principle in Am? ica

Latin american? The results of this study of evaluaci? affirm that the

it programs Colombian has been cash in the reducci? of the

Contaminaci? h? rich of the industrial sector, and econ? icamente m?

Efficient that the previous system. The Vengeful Rate this generating

a double dividend: reduces the contaminaci? and generates incomes for the

Gesti? and inversi? environmental.

Large reductions in the load contaminant are observed

it poured in the three jurisdictions evaluated despu? to implement the

It programs. Since it was introduced in April of 1997 to the end of the

2000, there were total reductions by basin among the 23% and the 55% of

DBO, and among the 25 and the 80% of SST.

The cases indicate that the collection manej? as a complement the

plan of command and control that operated at the moment of

Implementing. There were so much reductions in the jurisdictions where there was

Fulfillment with the r? imen previous as where it do not there was. The

imposici? of the Rate by the CVC in Cali and CORNARE in Antioquia

logr? additional significant reductions to the ones that himself hab? n achieved

With the inversi? massive in plants of processing. The authorities

they indicated that the rate gener? results in great part by to have been

it implemented as a group with programs of cleaner production,

where the marginal costs are relatively low and the reductions

Aplicaci? of the contaminador-paying principle in Am? ica latin american

60

Result of improvements tecnol? icas in the productive chain. In the case of the DADIMA in Barranquilla, itself

It imposed in a sector that was found with low levels of fulfillment with the previous program.

Tambi? itself registr? a r? departure reducci? of vertimientos despu? of the start of the collection, again

Related to investments in producci? m? clean.

The Vengeful Rate produced benefits econ? icos in three? eas: reducci? of the cost

operating of the environmental authorities; the generaci? of incomes to the environmental authority for

operating the program of control of contaminaci? and for inversi? environmental in the basin; and

Reducci? in the cost of fulfillment of the industrialists.

The introducci? of the system of charges by contaminaci? has turned out m? cost-effective

for the environmental authorities, that the previous system of l? ites permisibles and plants of

Processing. The study of case of CORNARE it shows that the administrative cost is similar al

previous, but the expenses have been redistributed and the reductions of vertimientos have been a lot

Greater. The authorities have reduced the expenses related to the caution of the dise?,

construcci? and operaci? of plants of processing, and have been focused m? to the medici? of

Vertimientos, monitoring of the basin and collection and I collect of the Rate. The administrative cost by

kilogram reduced disminuy? of 165 pesos with the previous system to 35 pesos with the program of

Rates, a reducci? of the 79%.

The studies of case in industrial businesses indicated that the cost of fulfillment itself

it reduces notably with the flexibility to choose the alternatives m? cost-effective of

descontaminar, in comparaci? with the obligaci? to build plants of processing al final of the

Pipe. In the three cases the collection induced to the adopci? of alternatives of production but cleanthat

they reduced the quantity of necessary supplies to produce the final product, diminishing ace? the

Costs of producci? In t? minos econ? icos, the productivity aument? Tambi? is notable the

rapidity of it replaced of the industrial businesses: the three environmental authorities indicated that

so quick lleg? the first invoice by contaminaci?, the managers focused their atenci? of

Immediate in the b? remains of solutions of reducci? of vertimientos.

On the other hand, the rate has generated very important incomes at three o’clock authorities

environmental: they have generated incomes by m? of the double one of them contribute of the national budget among

1998 and 2000. Hist? icamente, the budgetary dependence of the environmental authorities on the

central government has caused sharp financial crisis in? gooses of recesi? econ? ica and cut

Fiscal, causing cuts and inefficiencies in the gesti? environmental. The flow of recaudos of the collection by

contaminaci? has permitted to administer the resource h? rich of form m? adequate, even during the

Recesi? sharp and fiscal crisis that the government of Colombia has lived during the per? gave 1997-2001.

The environmental authorities reported that the recaudos of the rate themselves est? becoming

A motor of new projects of inversi? environmental. The three authorities est? destining the

Greater? of the recaudos in depth Regional, that have created in order to apalancar the inversi?

Of the municipalities in plants of processing, and in programs oriented toward the producci? m?

Clean and the educaci? environmental in the industry.

Although there are important achievements in t? minos environmental and econ? icos, is to be expected that

A system so present innovator difficulties and limitations in its implementaci? This study

busc? to identify the main problems, with the objective to support al perfeccionamiento of these

Instruments in the regi? Inside the main obst? ulos are found:

Problems of management of the limits permisibles:The biggest? of environmental authorities in

Colombia charge the vengeful rate for all the load poured: charge for the environmental service that

It lends the resource h? rich in the asimilaci?, transportation and degradaci? of the flows contaminants. Without

embargo, some alone charge the contaminaci? poured inside the l? ites permisibles, although the

Industrial not the est? complying. As measure of armonizaci?, the Department adopt? the

Tool of the plans of fulfillment. These plans permit that the business continue pouring

CEPAL? SERIES environment and development Nor 47

61

above the l? ites to give them time to identify solutions reducci? m? costoefectivas,

Provided that they paying the rate by the total of their poured. The not to charge for all the

contaminaci? limits the effect incitativo of the rate to change the behavior of the

Contaminadores.

It lacks ofpermission of vertimiento: Al to implement the rate, itself descubri? that thousands of sources

In all the jurisdictions of the pa? see? n functioned without permission of vertimiento. The formalizaci?

and establishment of the permission, and the medici? of all the new flows of vertimientos, has been

Arduous task and has delayed the collection of the rate in some zones.

Resistance of the municipalities and businesses of public utilities: the major violator of the

reglamentaci? of vertimientos in Colombia, as in the biggest? of pa? is in development, has been the

Municipal sector and its businesses of services p? licos. ? the case was you hist? ico from the to? s

Previous low command and control, and continues being the case for the Vengeful Rate. For a 65% of

environmental authorities, the businesses of services p? licos dilate or deny the payment of the rate;

citing other priorities for its budget, regularly do not invest in descontaminaci? neither

They pay for its vertimientos. In the 35% that have conformed al system of rates, have itself

It established Regional Funds of Inversi? Environmental with plans of inversi? where the

Environmental authorities agreed co-finance the inversi? in plants of processing. In those

basins where were defined put joint for the industrial sector and the sector dom? tico, the

breach and not-payment by contaminaci? of the municipal sector creates inequities with the sector

Industrial, that if it has paid and reduced its poured.

Resistance al management of the goals of vertimientos total by basin: The businesses

Regular they have resisted the concept of an equal collection by Kg of equal load for every contaminador.

The sectors that reduce its vertimientos present resistance when the regional factor is adjusted;

they aim at that the goal of the basin itself not alcanz? because the municipal sector have not begun to

Descontaminar. On the one hand, this responds to that the program initiates with a level low of rate

m? ima: the rate should rise gradually until reaching significant levels before all the

Businesses sit down the presi? to descontaminar. Some businesses seek that the rate itself be not adjusted by

Over the rate m? ima. On the other hand, many businesses do not appreciate the importance econ? ica of

that all the sources of the basin they pay the same level of rate by Kg, which is the? ica forms

to equalize the marginal costs of reducci? of vertimientos and to minimize the total cost of

Fulfillment in the basin.

Resistance al change of paradigm and inefficiencies of some environmental authorities:

Despu? of to have done by d? adas under the previous system based on the imposici? of plants of

processing, the introducci? of a system of collections by contaminaci? has been institutional

Dif? il for some authorities. Other problems est? related directly with the

Inefficiency in the administraci? and gesti? in some environmental authorities. Nevertheless, the rate

it has generated sufficient inter? in the community so that the authorities improve the conditions of the

professional group, the systems of informaci? and management of data, ace? as the procedures

Related to the control and caution of the resource h? rich.

Considerations for environmental authorities interested in

introducing collections by water contamination

Environmental authorities of pa? is interested in introducing collections by contaminaci? h? rich

they should take into account that the system can achieve important environmental benefits and

econ? icos, but its? ito depends in the efficiency of the dise? of the program and the efficacy in the

Aplicaci? on the part of the environmental institutions. For Colombia, has not been a system f? il of

implementing: the industrial businesses resisted hardly the system of collections; the municipalities

hist? icamente have not wanted to control their vertimientos, and that predisposici? contin? under the

Framework econ? ico.

Aplicaci? of the contaminador-paying principle in Am? ica latin american

62

The implementaci? successful depends on environmental institutions aut? omas, regional, and

They qualified. It is required autonom? pol? ica to implement a collection by contaminaci? even

When companies pol? icas exercise presi? in against. Authorities are required written down and operating

in the basins to be able to arrange goals of reducci?, to measure the flows contaminants, to monitor

the basins, and to charge and to collect really: this itself cannot be handled since an authority

Centralizada. Above all, a national program is required of capacitaci? : the laws, institutions

and professional resources of all the pa? is of the regi? est? related to programs of

Limit permisibles and plants of processing. Introducing a system of collections by contaminaci?

it represents a change of paradigm, and requires of extensive capacitaci? so that the professionals

Environmental they be appropriated of the program and they handle it in an adequate way. It should be noted that the

Department and the Environmental Authorities of Colombia have maintained programs of capacitaci?

t? nica of so much constant form for the environmental professionals as the ones that operate in the

Sector regulated.

Above all, the aplicaci? of a program of collections by contaminaci? depends on the

existence of a national law that legalizes its operaci?, determines the generating fact, the subjects

Active and passive, and it establishes the destiny of the recaudos. The Colombian program has been object of

several demands related to these themes; particularly, if itself not the destiny is established of the

Funds, other companies to treat? to obtain control of this great flow of financial resources.

CEPAL? SERIES environment and development Nor 47

63

Bibliografía

Asoca? (2001), General aspects of the sugar sector.

___ (2000), General aspects of the sugar sector.

Barrier, Et al. (1996), Economic appraisal of the costs in health caused

by the water contamination. Bogot? University of the Andes, Faculty

Of Econom?, Especializaci? in Evaluaci? Social of Projects.

Baumol, W.J. and Oates, W.AND. (1988), Efficiency Without Optimality: The

Charges and Standards Approach: The Theory of Environmental Policy.

Cambridge: Cambridge Press.

Bressers, Hans Th.To. and Schuddenboom, J. (1993), To Survey of Effluent

Charges and Other Economic Instruments in Dutch Environmental Policy.

Even? : OECD.

Castle, Martha (2000), Utilization of the recaudos: regional funds of

descontaminación water. CAEMA-World Bank Institute.

Commissariat G?? al du Plan (1997), Evaluation du dispositif of agences

Of l’ eau. Paris: The Documentation Fran? ise.

CORNARE (1998), Vengeful Rates: our commitment with the water.

Report of advance of the regional goal.

___ (1998), Vengeful rates: our commitment with the water. Report of

Advance of the regional goal. Third semester.

___ (1999), Vengeful rates: our commitment with the water. Report of

Advance of the regional goal. Fourth semester.

___ (1999), Vengeful rates: our commitment with the water. Report of

Advance of the regional goal. Fifth semester.

___ (2000), Vengeful rates: our commitment with the water. Report of

Advance of the regional goal. Sixth semester.

___ (2000), Vengeful rates: our commitment with the water. Report of

Advance of the regional goal. S? timo semester.

___ (2001), Vengeful rates: our commitment with the water. Report of

advance of the regional goal. Eighth semester.

Aplicaci? of the contaminador-paying principle in Am? ica latin american

64

CVC (1997), Put of proposed contaminants loads reduction for the implementation of the collection of the

vengeful rates by vertimientos in jurisdictional area of the CVC, 1997-2002. Subdirecci? of Gesti?

Environmental, Group Quality of the Water.

___ (1999), Report of evaluation of the fulfillment of the goal of reduction of the loads contaminants

poured in the area of jurisdiction of the CVC, 1998-first and second semesters of 1999. Subdirecci?

Of Gesti? Environmental, Group Quality of the Water.

___ (1999), Report of evaluation of the fulfillment of the goal of reduction of the loads contaminants

Poured in the area of jurisdiction of the CVC, first semester of 1999. Subdirecci? of Gesti?

Environmental, Group Quality of the Water.

___ (2000), Report of evaluation of the fulfillment of the goal of reduction of the loads contaminants

Poured in the area of jurisdiction of the CVC, second semester of 1999. Subdirecci? of Gesti?

Environmental, Group Quality of the Water.

DADIMA (1999), The vengeful rate. Barranquilla.

Field, B. (1995), Environmental economy: an introduction. Mc Graw Hill.

Freeman, A. (1990), Water Pollution Policy. Washington: Policies for Environmental Protection, Resources

For the Future.

Guhl, N.AND., Et al. (1998), Guide for the local and environmental management. FONADE.

Lovei, M. (1995), 밊inancing EvenLlution Abatement: Theory and Practice? In: Environmental Economics

Series Paper. Washington, Not. 28.

Department of the Environment of Colombia (1998), The one that contaminates pays: clean water for Colombia

Al smaller cost. Implementation of the Vengeful Rates by Water Contamination. Bogot? Office of

They go? isis Econ? ico.

Osorio, Patrician (1992), Control of the water contamination in the Colombian sugar industry. CVC,

Divisi? of water, Secci? of control of the contaminaci?

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Sanclemente, G. (2000), Legal bases for the design and application of economic instruments in countries in

Development. CAEMA-World Bank Institute.

CEPAL? SERIES environment and development Nor 47

65

Anexos

CEPAL? SERIES environment and development Nor47

67

I enclose I

Vengeful rates set against instruments of command and control

To continuaci? a summary of the results obtained is presented in the evaluaci? of the

It programs of vengeful rates in Colombia. For effects of the they go? isis, a picture has elaborated itself

comparative from a s? thesis of the main instruments of regulaci? direct

(planeaci?, administraci?, control, caution and gesti?), which est? developed in the Law

99 of 1993. From? tos a comparative one with the main effects is done that to the

Moment have managed to identify, to ra? of the aplicaci? of the Decree 901 of 1997. The parallel itself

it contextualizes, to? m?, with the evaluaci? or referring of the Decree 1594 of 1984, understanding that

? has been you hist? icamente the norm framework for the gesti? and administraci? of the vertimientos

L? uidos in Colombia, since 1984.

VENGEFUL RATES SET AGAINST INSTRUMENTS OF COMMAND AND CONTROL

FOR THE MANAGEMENT OF THE WATER CONTAMINATION IN COLOMBIA

Comparative focus Not Type of

instrument

Description

(legal living of the

instrument) Before:

Dec. 1594 of 1984

Today: Decree of Rates

Vengeful (Dec. 901 of 1977)

1 Of formulation or

execution of

political

Functions that

develops the authority

environmental in its

jurisdiction, and are

different to the ones that it

compete al Department

Of Environment.

1.1 Executing the

political, plans

and projects

local in

matter

environmental that it

they have been

confident to the

AA, in agreement to

the law and inside

of the environment of its

jurisdiction

Law 99 of 1993,

Article 31.

National code of the

natural resources

(Law 2811 of 1974).

Administration, control, caution and

I monitor of the water resource (among them

the vertimientos), with nula or very

incipient subjection to guidelines and technical

Of planning.

The administration of the water resource not

it was done with strategic vision in none

AA of the country.

The AA that implemented rates

vengeful they were seen motivated to

developing operating plans of

Vertimientos liquid.

The rates have been registered as

you program or strategic projects in

the plans of action trianuales of the AA

(more than the 70% of the AA Of the country).

1.2 Promoting and

developing the

participation

Common.

Law 99 of 1993,

Article 31, numeral 3.

National code of the

natural resources