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ORDINANCE OF ENVIRONMENTAL PROTECTION

ENVIRONMENT PROTECTION ORDINANCE APPROVES DECREE N ° 899

NOGALES, October 30, 2006 .-

AND HAVING SEEN THIS:

1 .- The 3063 DL content, Municipal Revenue Act.

2 .- The laws contained in 20,033, Revenue Act II.

3 .- The content of the Law 19,300

4 .- honorable council Agreement, dated October 18.

5 .- The authority vested in me by law 18,695 "Constitutional Organic Law of Municipalities"

ORDER:

1 º AGREE TO the following Ordinance for Environmental Protection Commune of Nogales:

ORDINANCE OF ENVIRONMENTAL PROTECTION FOR THE BOROUGH NOGALES

TITLE I GENERAL RULES

SECTION 1: This ordinance is to establish a legal framework to regulate, protect and keep environment and biodiversity protection, so that would assist the exercise of the right to live in an environment free from pollution and to improve the quality of life for all residents of the town of Nogales. Safeguarding and protection of rights under the following ordinance, and the obligations, will be in charge of the Units or the City Department to order these functions.

ARTICLE 2: The Municipality may, ex officio or upon request, the adoption of environmental measures preventive, corrective or remedial measures, ordering the inspections it deems appropriate and report violations in accordance with the provisions of Title VII of this ordinance.

ARTICLE 3: Municipal officials, duly accredited, may conduct inspections of facilities, rooms or enclosures and others, as necessary, provided that the inspection activity has designed to ensure compliance with the requirements of this ordinance.

City staff prepare a record of the inspection performed, with the user identification data, and verification operations, results of measurements and sampling, and anything which is deemed appropriate to make note of the parties. The minutes shall be signed by the municipal official and the user, giving the latter a copy of it.

Copies of the minutes will be collected in a file that will be available to any competent authority that requires it. The foregoing is without prejudice to the oversight role that can fit Carabineros de Chile.

ARTICLE 4: Any person natural or legal person may complain to the municipality by letter addressed to the Mayor and entered into Office Parties, those events or activities which contravene the Act N º 19. 300, Bases of the Environment, its regulations and this ordinance.

PART II RIGHTS AND DUTIES

ARTICLE 5: It will be the Municipality tending to:

a) The environmental equality for all inhabitants of the town of Nogales

b) The right to live in a community clean and free of contamination.

c) Respect and protection of animal life, vegetation and ecological balance existing in the commune.

ARTICLE 6: is the duty of the inhabitants of the town of Nogales and those working or temporarily in it, respecting the environment and comply with this ordinance. Also is the duty of the Municipality ensure and oversee its implementation.

TITLE III OF THE ENVIRONMENT AND POLLUTION

ARTICLE 7: The environment is the overall system consisting of natural and artificial elements of physical, chemical or biological, sociocultural and their interactions, in permanent modification human action or natural and conditions governing the existence and development of life in its many manifestations.

ARTICLE 8: For the purposes of this ordinance shall apply:

a) Contaminant means any element, compound, substance, derived chemical or biological, energy, radiation, vibration, noise, or a combination of them, whose presence in the environment, at certain levels, concentrations or periods of time, may constitute a risk to human health, quality life of the population, the preservation of nature conservation or environmental heritage

b) pollution-free environment: one in which he or the contaminants are at concentrations and periods of less than those likely constitute a risk to human health, quality of life of the population, the preservation of nature conservation or environmental heritage.

ARTICLE 9: Directorates, Departments and Units Municipal Headquarters, in general, should give strict compliance with Law No. No. 19,300, its regulations and this ordinance, in all matters and activities within its competence, for projects that can cause danger, damage or environmental damage

ARTICLE 10 : In the implementation of projects or activities, according to that provided for in Articles 10 and 11 of Law No. 19,300, the City may require any person, natural or legal, public or private, Declaration Environmental Impact Statement, approved by the competent administrative authority prior to the granting of patents and permits.

ARTICLE 11: For projects or activities that do not require Declaration of Environmental Impact or Environmental Impact Study prior to the granting permits, the owner must accompany all technical, legal, economic, health and environmental for study and analysis by the Directorate Works and Municipal Department in charge of the Environment, a situation against which these agencies will issue a technical report, which indicated their agreement, comments or rejection of the project or activity.

ARTICLE 12: The City will be responsible for developing terms of reference for environmental studies, as well as running the studies in this area either directly or through recruitment agencies. In addition, should promote, coordinate and disseminate the interests and activities of all institutions and organizations that can improve the quality of life of the inhabitants of the commune.

ARTICLE 13: The City shall tend to the strengthening, encouragement and dissemination of various

activity involving a development in areas of environmental protection in different sectors of the commune

ENVIRONMENTAL PROTECTION PART IV

ARTICLE 14: industrial facilities must, necessarily, be preserved and maintained by companies or by authorized personnel who will be responsible for good performance. The City shall coordinate with relevant State agencies to achieve adequate compliance with the Ordinance.

ARTICLE 15: There may be emitted gases, smoke, dust or other emissions which, by their nature, are opposed to the limitations set by the respective health service.

ARTICLE 16: There shall be no emission of odor that comes from public or private, canals or ditches and any conduct of solid, liquid or gaseous constitute cause discomfort and inconvenience to the neighborhood, in the form of emission of gases, vapors or solid particles. These activities shall provide a technical report, which is assessed by the municipal and health authority, where appropriate.

ARTICLE 17: In order to avoid air pollution in the district, prohibits the emission of fumes, gases, odors, vibrations and noise when these exceed the maximum rates set by the relevant health authority.

ARTICLE 18: prohibited the incineration, burning brush or grass, leaves, debris or, more generally, any solid, liquid or other material fuel for domestic, industrial or hospital without proper authorization in accordance with the provisions of the Decree No. 276, 1980, the Ministry of Agriculture.

PART V RULES OF CLEANING AND ORNAMENTAL

Article 19: Prohibition throw papers, wastes of any kind and, in general, all kinds of objects, debris and in the streets, in parks, gardens, plazas, streams, country roads, vacant lots, natural channels and artificial water, drains, ditches and canals in the district.

ARTICLE 20: opening is prohibited sewer cameras, whether public or private, to place in them, trash, waste or substance of any kind alter the purpose for which they were designed, except for the cleaning of stagnant water, waterlogging product derived from rainwater.

ARTICLE 21: discharge is prohibited, discharge to public sewers or private, or any other natural or artificial stream, streams, country roads, all types of liquid contaminants, industrial, flammable, corrosive, from any economic activity, production, public or private, except with the competent authority.

Article 22: Prohibition drain the water from irrigation canals or other waters on public roads or public use or in any way, to avoid the waterlogging.

ARTICLE 23: It is forbidden to throw garbage and waste ditches, rivers, streams, rivers and stormwater drains in order to ensure normal free-flowing runoff and their channels .

ARTICLE 24: It is prohibited to deposit or remove debris in the national property for public use is not authorized for that purpose; also downloading is also prohibited in deposits or private landfills, without the authorization of the competent bodies .

Article 25: Prohibition shed and store garbage or rubbish of any sort on private properties without the consent of the City and Health Service

ARTICLE 26: People who order or make loading or unloading any type of material or merchandise shall, immediately after the action, make sweeping, cleaning, removing waste that has fallen to the street

ARTICLE 27: The land transfer household solid waste, animals, debris, sand, gravel, dirt, product development , wood and wastes, which may or fall to the ground or produce recreation vehicles may not be equipped to fulfill these tasks, provided with tents or other protective elements.

ARTICLE 28: It is forbidden individuals, making pruning, to remove or destroy trees on public roads, without prior permission from the Municipality . In addition shall be punished with the maximum fine under this ordinance, any person who destroys trees, existing gardens in squares, parks, streets, avenues and national property for public use.

ARTICLE 29: They incur the same penalties, people who cause damage to facilities and assets that enable ornaments and plazas, playgrounds and the like, streets and roads, without prejudice to civil and criminal liability incurred by the offender.

ARTICLE 30: All vacant lots or vacant lots shall have a perimeter of six feet high and free of weeds, rubbish and waste and also accumulated , health vector control, with the owners or tenants or who stop to any title, as appropriate, those responsible for them.

ARTICLE 31 : The shops, kiosks and other businesses must have and maintain trash receptacles and clean swept around them. Failure to comply with this provision shall constitute grounds for imposition of a fine in the case of kiosks, in addition, causal term occupancy permit national asset for public use.

ARTICLE 32: not make fires of all kinds within the urban area and rural papers, tires, demolition material, organic material, waste, etc., whether on public roads, in vacant lots, backyards.

ARTICLE 33: animals or domestic birds should remain in their homes from their owners in order to not disturb the neighbors (noise, smells and delivery devices), by holding them responsible. In addition, it prohibits the keeping of large animals (eg horses, cattle, pigs, sheep, bees, etc.) Concentration in sectors of housing, as well as subsistence and protection of animals in vagrancy.

TITLE VI OF SOLID WASTE

ARTICLE 34 : The household waste (household garbage) are those from the normal domestic activity and the establishment that produced by nature and volume are similar to those above.

ARTICLE 35: It is forbidden:

a) Depositing waste containing liquid or liable to liquefy

b) Depositing waste in bulk in bins, packages, boxes and similar

c) The abandonment of garbage on the street

d) Pour the garbage deposited in containers, garbage cans or any type of containers placed by the municipality, located in the street.

e) Deposit industrial and sanitary waste in receptacles for household waste.

ARTICLE 36: No individual may engage in the transport or utilization of domestic waste without prior approval of the City , respecting the rules imposed by the Health Service and thereby ensuring compliance work under existing health conditions.

Article 37: Prohibits the existence of micro landfills or illegal dumps, understanding

for such, the collection of household waste, industrial and any public spaces or

private premises not expressly approved by the municipality and the authority concerned.

also prohibited dumping waste on public roads, national property for public use,

private land or tax, employed or unemployed.

ARTICLE 38: It is the responsibility owners of "vacant lots" properly fenced

their farms to prevent others from logging in to dump trash, debris or old objects.

still taken these measures, the owners of the sites will be responsible for the micros

landfills that could be produced, whereupon the City may act on their behalf under the provisions Law Municipal Income

PART VII PROCEDURE AND PENALTIES

Article 39: Violations of the rules set out in this ordinance, shall be fined up to 5 UTM, attended the seriousness and authority of the act.

ARTICLE 40: shall have jurisdiction to hear complaints for violation of the provisions of this ordinance, the local police court, concerned under the procedure set Law No. 18,287 .

ARTICLE 41: The repeated acts punishable by this ordinance, a fine will go from 3 to 5 UTM.

2 ° THIS ordinance came into effect from

day

November 1, 2006.

Enter , CONTACT and filed.

CORTES OSCAR PUEBLA

MAYOR