DEPARTMENT OF ENVIRONMENT, DWELLING AND TERRITORIAL DEVELOPMENT

RESOLUTION NUMBER

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“By which it is regulated the I articulate 12 of the Decree 3100 of 2003, on Plans of Saneamiento and Management of Vertimientos -PSMV, and other decisions”are taken

THE MINISTER OF ENVIRONMENT, DWELLING AND TERRITORIAL DEVELOPMENT

In exercise of the faculties conferred in the numerales 2,10 and 11 of the article 5 of the Law 99 of 1993 and the article 12 of the Decree 3100 of 2003, and

CONSIDERING:

That the Political Constitution determines in the articles 79, 80 and in the numeral 8° of the article 95, the obligation of the State to protect the diversity of the environment, to prevent and to control the factors of environmental deterioration and the right of all the persons to enjoy a healthy environment; likewise establishes as to owe of the persons and of the citizen to protect the natural and cultural resourcesThe conservation of a healthy environment.

That the numerales 2, 10 and 11 of the article 5° of the Law 99 of 1993 need like functions of the Department of the Environment, the regular one the general conditions for the saneamiento of the environment, to determine the most minimum environmental norms and the regulations of general character on environment to the ones that should be held the urban centers and human settlements and in general every service or activityOr indirectly environmental damages, and to dictate regulations of general character tending toward controlling and to reduce the contaminations geosférica, water, of the landscape, sonorous and atmospheric in all the national territory.

That the document CONPES 3177 of 2002, establishes in its chapter IV of priority actions and features for the formulation of the national plan of management of residual water (PMAR), as priority action, the regulation for the formulation, development and evaluation of the Plan of Saneamiento and Management of Vertimientos -PSMV, so that be articulated with the plan of code of the water resource al that reference is done inOf the it mentioned document, and other normative developments.

That according to it established in the article 12 of the Decree 3100 of 2003, the users prestadores of the service of alcantarillado subjects al payment of the vengeful rate should present to the Competent Environmental Authority the Plan of Saneamiento and Management of Vertimientos according to the regulation that for such effect send off the Department of Environment, Dwelling and Territorial Development, which should contain the activities andTo advance in the saneamiento and processing of the vertimientos. Said plan will contain the individual goal of contaminant load reduction of the users mentioned that it will be set for the respective Environmental Authority, whose fulfillment will be evaluated according to the commitments established in the Plan of Saneamiento and Management of Vertimientos.

That by virtue of it exposed, will proceed to regulate the article 12 of the Decree 3100 of 2003 on the Plan of Saneamiento and Management of Vertimientos – PSMV, and to take other decisions.

It RESOLVES:

Article 1.- Contained and reach of the resolution. The present resolution establishes the regulation on Plans of Saneamiento and Management of Vertimientos - PSMV, that they will formulate and they will execute the persons prestadoras of the home public utility of alcantarillado, according to it established in the Law 142 of 1994, and they will evaluate and they will approve the competent Environmental Authorities.

Plan .- 2 article of Saneamiento and Management of Vertimientos - PSMV. Isthe assembly it ordered of programs, projects and activities with their respective investments to to be executed for the harvesting, transportation, processing and final disposition of the residual water dischargeed al public system of alcantarillado, so much sanitary as rain, which they should be They articulated with the objectives and the goals of quality established in the Plan of Code of the Water Resource, according to it stipulated in the Decree 1594 of 1984, or the norms that modify it or they substitute.

Article 3.- Articulation with the instruments of planning and management.- The PMSV should be formulated and to be executed harmonious withthe uses of the respective source established by the Competent Environmental Authority, complying with the criteria of priorización of definite projects in the technical regulation of the sector RAS-2000, and With it they determined in the Plan of Development, and in the Plan of Code, Basic Plan, or Plan of Territorial Code of the respective municipality.

Parágrafo 1.- In absence of the Plans of Code of the Resource referred in the Decree 1594 of 1984 or in those norms that they modify it or they substitute, the Competent Environmental Authorities will be able to establish the uses of the water resource based on the evaluations of quality, without lessening of the restrictions indicated in the in force corresponding norms.

Parágrafo 2.-In the municipalities where himself have not adopted the Plan of Territorial Code, Basic Plan, or Plan of Territorial Code, the PSMV will be formulated based on the information on the state of the basin, section or body of water of the Competent Environmental Authority, and the identification of the investments in programs, projects and activities to carry out for the person prestadora of the service of alcantarillado.

Parágrafo 3.- The contained information inThe PSMV, will have like base for the updating and/or complementación of the Plan of Code, Basic Plan, or Plan of Territorial Code of the respective municipality or district.

Parágrafo 4.- The persons prestadoras of the service of alcantarillado that al moment of entrance in force of the present resolution count on master Plans, they should adapt them and to integrate them al PSMV.

Article 4.- Elaboration, Presentation, Execution and Updating of the PSMV. The persons prestadoras of the home public utility of alcantarillado, they should devise and to present the first one PSMV, for approval of the Competent Environmental Authority, in a maximum time limit of 12 counted months from the date in which the Competent Environmental Authority establish the objectives of quality of the basin, section or body of corresponding water. Likewise, it is its responsibility the adequate execution, and the updating, reformulación or adjust of the same one al except each time that the Competent Environmental Authority revise the global goals of contaminant load reduction, according to the arranged thing in the article 7 of the Decree 3100 of 2003, or the norms that modify it or they substitute.

The breach of the previous activities will involve the imposition of the preventive measures and sanctions to that there be place in the terms of the article 85 of the Law 99 of 1993.

Article 5.- Basic structure of the Plan of Saneamiento and Management of Vertimiento. The Plan of Saneamiento and Management of Vertimientos – PSMV, should include as a minimum the following components:

  • Diagnosis of the system of alcantarillado.
  • Identificación Of the bodies receivers and of the points of vertimiento.
  • Characterization of the discharges of residual water.
  • Information supplied by the Competent Environmental authority on the state of the basin, section or body of water in terms of quality, Based on it it established in the article 6 of the Decree 3100 of 2003.
  • It generated contaminant load projections, collected, transported and treated.
  • Objectives of quality and goals of short (cash since the presentation to the 2° year), medium (cash since the 2° to the 5° year) and long time limit (cash since the 5° to, most minimum, the 10° year), including the individual goals of contaminant load reduction.
  • Description detailed of the programs, projects and activities with its respective cronogramas and investments.
  • Indicators of monitoring that reflect the physical advance of the works planned, and the level of achievement of the objectives of quality proposed in function of the parameters established according to the environmental regulatory nature in force.

Parágrafo. For effects to set the first global goal of contaminant load reduction on the part of the Competent Environmental Authority, the persons prestadoras of the home public utility of alcantarillado should propose, in the framework of the procedure established in the article 9° of the Decree 3100 of 2003, an individual goal of contaminant load reduction, from the information with which they counting al start of the process of

Article 6.- Works in Execution. If al moment of the expedition of the present resolution the persons prestadoras of the home public utility of alcantarillado, are executing works of saneamiento for the management and control of vertimientos domestic, these they will be included in the PSMV, as work in execution.

Article 7.- Horizon of the PSMV. The elaboration of the Plan of Saneamiento and Management of Vertimientos will be carried out for a most minimum horizon of 10 years, and its execution will be planned in agreement al cronograma of activities established in the same one.

Article 8.-According to it established in the parágrafo of the article 30 of the decree 3100 of 2003, for the users prestadores of the public utility of alcantarillado, the PSMV will do the times of the respective Plan of Fulfillment.

Article 9.- Revision and Approval of the PSMV. The Competent Environmental Authority will revise and will approve the PSMV and its updating, subject to verification of its agreement with the instruments of planning and management related in the article 3 of this administrative act, including the goal of individual reduction for the responsible one for the Plan.

Once it received the PSMV of the person prestadora of the home public utility of alcantarillado, the Competent Environmental Authority, will proceed to revise it and to approve it in a maximum term of three counted months from the presentation of the same one.

When the PSMV himself do not accompany by the documents or essential, that is to say necessary information to perform modifications, the Competent Environmental Authority will require the person prestadora of the home public utility of alcantarillado, so that deliver the necessary information and/or carry out the corresponding adjustments in the time limit set by the Competent Environmental Authority, which will not be greater to a (1) month.

During this time limit, will be understood suspended the term with the one that counts the Competent Environmental Authority for the revision and approval of the PSMV.

Parágrafo. The goals of individual reduction of load contaminant should be specified in quantitative terms and to be measured through indicators that reflect the impact of the actions in the state of the water resource. For it, additional al state of the basic parameters that are indicated in the following article of the present Resolution, the following indicators should be incorporated as a minimum: total volume of residual water generated in the area of action of the person prestadora of the home public utility of alcantarillado and of complementary activities, volume of residual water colectada, number of vertimientos punctual eliminated, associated contaminant load quantity, total volumeThe residual water that are object of processing indicating the level of processing, and removed contaminant load level.

Article 10.- basic Parameters for the monitoring and monitoring of the PSMV.- The Competent Environmental Authorities, to their cost, they should perform programs of monitoring of the water sources regarding which they have themselves established PSMV, in function of the uses expected of the resource and of the goal of individual reduction established and based on the behavior of al except the following parameters: DBO5 ,DQO, SST, Coliformes Fecal, Oxygen Disuelto, and pH.

Parágrafo .- The Competent Environmental Authority will divulge the persons prestadoras of the home public utility of alcantarillado that act in its area of jurisdiction, information on the state of the basin, section or body of water in terms of quality.

Article 11.- Monitoring and Control.- The control and monitoring to the execution of the PSMV will be carried out on the part of the Competent Environmental Authority, quarterly as soon as al physical advance of the investments and activities planned, and annually with respect to the individual goal of established contaminant load reduction, for which the person prestadora of the home public utility of alcantarillado, will deliver to the authority reports of the same one.

Article 12. State of transition. The Plans of Fulfillment of the persons prestadoras of the home public utility of alcantarillado, approved before to the entrance in force of the present Resolution, they will continue subject to the terms, conditions and obligations indicated in the corresponding administrative acts.

The Plans of Fulfillment of the persons prestadoras of the home public utility of alcantarillado, whose procedure have initiated before to the expedition of the present resolution, they will continue their procedure according to it established in the Decree 1594 of 1984.

In the cases previously cited, the Competent Environmental Authorities should request that in the PSMV, the Plan of Fulfillment be one of their components, and they will continue carrying out the activities of control and necessary monitoring, with the purpose of determining the fulfillment of the environmental norms.

Article 13.- Force. The present resolution governs from its publication.

PUBLÍQUESE AND be COMPLIED

It given in Bogota, D. C. to the

SANDRA SÚAREZ PEREZ

Minister

Devised: Zayda Sandoval- Juan Daniel Avila- Stella Rodriguez

It revised: Francisco Manjarres – César Rolls - Meyra Red