Executive Agreement 003-2020

Every Regulated Entity operating in the national territory that is carrying out activities that generate discharges of wastewater and sludge from wastewater treatment systems must comply with the provisions described in this Regulation and in the Norms derived from it. If the discharges do not comply with the parameters established in the respective norm, the Regulated Entity must incorporate the corrective measures that are necessary. In any case, the International Norms contained in the Treaties, Conventions, bilateral or multilateral Agreements subscribed by Honduras shall be applied. SECOND SECTION DEFINITIONS

When the following concepts or definitions are used in this Regulation, it shall be understood: INFLUENT: Water captured by a Regulated Entity to be used in its processes. WASTEWATER (WWs): Waters and other waste liquids, of varied composition, originating from domestic, commercial, institutional, industrial, agricultural, livestock, aquacultural, tourism, mining or any other activity or process capable of generating wastewater. RAW WASTEWATER: Wastewater without any treatment. TREATED WASTEWATER: Wastewater that comes from treatment systems and that, therefore, has received some degree of treatment. This does not necessarily imply that such treatment has been to the satisfaction of the current national standard for discharge and reuse of wastewater. SANITARY SEWER: Works, installations or public services whose purpose is the collection and transport of wastewater to its treatment and discharge point. COMPETENT AUTHORITY (CA): Secretariat of State in the Office of Natural Resources and Environment, MIAMBIENTE. DISCHARGE AUTHORIZATION: Official discharge permit that the Competent Authority issues to a Regulated Entity and that establishes the conditions under which the discharge of its wastewater to receiving bodies or to the sanitary sewer and the disposition of sludge to sites authorized by applicable legislation is authorized. CHAIN OF CUSTODY: Safeguarding and identification procedures used in the handling of a sample, from the moment it is taken at the sampling point until it reaches the laboratory for analysis, ensuring that said sample maintains its integrity and representativeness, without adulteration. CHARACTERIZATION OF WASTEWATER: Precise determination of the physicochemical and microbiological quality of wastewater. FLOW OR DISCHARGE: Volume of water that per unit of time flows through some conduit or channel. The following are distinguished:

• a)

  instantaneous flows or discharges, which are those recorded at a determined moment at a given measurement point;

• b)

  hourly average flows or discharges, which are those resulting from the average of several instantaneous measurements taken during a one-hour interval;

• c)

  daily average flows or discharges, corresponds to the average of daily consumption flows during a period of one year;

• d)

  minimum daily flows or discharges, is the lowest flow registered in a one-day period;

• e)

  maximum daily flows or discharges, corresponds to the maximum daily consumption registered during 24 hours over a one-year period;

• f)

  maximum hourly flows or discharges, corresponds to the maximum consumption recorded during one hour in a one-year period. RESIDUAL CHLORINE: Content of active chlorine, capable of exercising a biocidal action on microorganisms, that remains in a water sample, typically after having been subjected to disinfection operations with said element or its compounds. THERMOTOLERANT (or fecal) COLIFORMS: Bacteria from the human digestive tract (or warm-blooded animal), which are used as indicators of possible contamination of water or sludge with pathogenic bacterial microorganisms, since their presence indicates contact of water with fecal matter. CONCENTRATION: Mass, volume or quantity indicator of substance present per unit volume of its solvent. MAXIMUM PERMISSIBLE CONCENTRATION: Greater concentration allowed in the discharge of a contaminant to a receiving body or to the sanitary sewer. CONTAMINANT: Substance whose incorporation into a natural or artificial body of water or soil, entails or could entail the deterioration of the physical, chemical or biological quality thereof. CONVENTIONAL CONTAMINANT: Water contaminant substance that is easy to control through a treatment plant or of widespread scientific knowledge, which can generally be determined through biochemical oxygen demand, total suspended solids, pH, thermotolerant coliforms and oils and fats. NON-CONVENTIONAL CONTAMINANT: Substances different from those usually found in domestic wastewater. PRIORITY CONTAMINANT: Contaminant that, for being carcinogenic, teratogenic, mutagenic or having acute toxicity, has been considered that its elimination from wastewater and natural waters is of priority importance. REFRACTORY ORGANIC CONTAMINANTS: Organic compounds whose biodegradation is very slow because they are very stable molecules, difficult to degrade. NUTRIENT CONTROL: Treatment operations aimed at the elimination of nutrients in wastewater, typically Nitrogen and Phosphorus. RECEIVING BODY: Site that has been technically proven to have the capacity to receive previously treated wastewater, which may be streams or natural water deposits, dams, channels, marine zones or soil where said waters are discharged, infiltrated or injected. FIVE-DAY BIOCHEMICAL OXYGEN DEMAND (BOD5): Measure of the oxygen used by microorganisms in the biochemical oxidation of biodegradable organic matter contained in a water sample, measured after five days of incubation at 20 °C. CHEMICAL OXYGEN DEMAND (COD): Amount of oxygen equivalent to the amount of a strong oxidizing agent capable of oxidizing a sample of organic matter in an acidic medium. DISCHARGE OR DISPOSAL: Raw or treated wastewater that is discharged or disposed of to a receiving body or to the sanitary sewer. WASTE: All solid, pasty, liquid or gaseous material discarded after having been used, that has no use, reuse, or commercial value and that must be eliminated. TREATMENT EFFICIENCY: Degree of removal of a particular contaminant that a treatment operation is capable of achieving, usually measured in percentage terms. EFFLUENT: Any water flow at the outlet of a process, installation or given activity. REGULATED ENTITY (RE): Natural or legal person, public or private, that generates wastewater and whose discharges will be under state regulation. DISCHARGE REGISTRATION FORM (RD): Document prepared by the Competent Authority, in which the data required at the time of requesting a discharge authorization are specified. AUTHORIZED LABORATORY: Laboratory that has obtained the health license from the Secretariat of State in the Office of Health, to carry out water and sludge analyses and that complies with what is established in the Regulation of the National Register of Environmental Service Providers. SLUDGE: All solid or semi-solid waste with variable moisture content, generated during the treatment of wastewater, water treatment plants, septic tanks or any other process such as dredging of the sewer network and those that generate waste with similar characteristics. PROCEDURES MANUAL: It is a guide whose purpose is to establish the administrative and technical processes that must be carried out for the implementation of the system of Registration, authorization, monitoring and control of wastewater discharges for both projects and companies. MONITORING: Procedure consisting of taking samples of wastewater or natural waters to subject them to specialized analyses and performed in authorized laboratories with the purpose of determining their composition, or the process of measuring the flows of said waters. When this is carried out by the interested party, it will be known as "self-monitoring". COMPOSITE SAMPLE: Sample made up of two or more point samples that have been mixed in known and appropriate proportions to obtain an average result of the composition of wastewater in a given time period:

  • •

    POINT SAMPLE: Is the one that will reflect the composition of wastewater at the instant in which it was taken.

  • •

    SIMPLE COMPOSITE SAMPLE: When the point samples used to make it are combined in equal proportions.

  • •

    WEIGHTED COMPOSITE SAMPLE: When the proportions of the point samples reflect variations in the flows or time intervals in which they are taken.

  • •

    SPATIALLY WEIGHTED COMPOSITE SAMPLE: When the proportions of the point samples of which it is composed, reflect variations associated with the spatial points in which they are taken, such as at different equidistant points across a river. TOTAL NITROGEN: Total content of Nitrogen, whether in the form of ammonia (ammonia nitrogen) or in the form of organic compounds (organic nitrogen), present in a water sample. TECHNICAL NORMS FOR WASTEWATER DISCHARGES TO RECEIVING BODIES AND SANITARY SEWER: Norm that contains the permissible values of the parameters for regulation of wastewater discharges, issued by Decree 058 of April 9, 1996. PRETREATMENT: Process consisting of separating from wastewater, both by physical and mechanical operations, the greatest amount of materials that by their nature or by their size, can create problems in subsequent treatments. SENSITIVE RECEPTOR (SR): Natural or legal persons settled within the area of influence of the point or diffuse discharges of a Regulated Entity, and that are exposed to being affected by such discharge.

This Regulation has the objective of preventing, controlling and reducing pollution generated by wastewater discharges to receiving bodies, in order to ensure the protection of human health and the environment. SECOND SECTION SPECIFIC OBJECTIVES

As specific objectives, the State, through the Competent Authority (CA) and with the support of the Regulated Entity (RE), proposes to:

• a)

  Establish the procedures and control mechanisms required for the registration, authorization of discharges and reuse of wastewater and sludge, administration and management of information related to Regulated Entities;

• b)

  Establish a program of monitoring and control, gradual and systematic of the effluent produced by the Regulated Entities;

• c)

  Prevent or reduce pollution to receiving bodies, produced by wastewater discharges through reuse.

The Competent Authority in matters of control of wastewater discharges shall be exercised by the Secretariat of Natural Resources and Environment, MIAMBIENTE, through the technical bodies that compose it, which, for the purposes of implementing the provisions of this Regulation, will request the collaboration of the following actors:

• a)

  Regulated Entity (RE)

• b)

  Secretariat of Health (SESAL)

• c)

  Sensitive Receptors (SR) SECOND SECTION COMPETENCIES, OBLIGATIONS

In the execution of its competencies, the functions of the Competent Authority are the following:

• a)

  Implement the system of Registration and authorization of discharges of wastewater and sludge, to receiving bodies or to the sanitary sewer, in accordance with what is established in this Regulation;

• b)

  Implement the monitoring and control program, which considers with technical and scientific foundation the following: i. Specifications on sampling procedures, storage and custody of samples and methodologies of laboratory analyses accepted. ii. Develop an information system that includes among other schemes, requested reports, data analysis methodology and information evaluation; iii. Standardization of measures and scheduling of compliance for those companies that do not comply with wastewater regulations.

• c)

  Define and publicize the standards of natural water quality, according to the use of receiving bodies, and the differentiated standards of discharge and reuse of wastewater for the fulfillment of the objectives and standards of environmental quality and health protection;

• d)

  Analyze situations of environmental contamination and their risks to public health generated by inadequate handling or reuse of wastewater, sludge and their byproducts, and propose specific regulations for pollution control based on such analyses;

• e)

  Make effective citizen participation and access to information effective, in the compliance with discharge regulations and regulations for control of water pollution.

• f)

  Inform Regulated Entities, on the establishment and modification of environmental quality standards in general and water in particular and of discharge standards and their regulation.

• g)

  Create within one of the technical Departments of its organizational structure a Discharge Control Unit.

In the application of this Regulation, the Regulated Entity shall have the following obligations:

• a)

  Request before the Competent Authority, the Registration of its wastewater and sludge discharges, providing truthful and accurate information on the quantity and composition thereof, in accordance with the information requirements established in this Regulation;

• b)

  Request before the Competent Authority the Discharge Authorization of its wastewater, reuse and sludge disposition which will define the maximum levels of contaminants that may be discharged to the sanitary sewer or to receiving bodies and other discharge conditions, as stipulated by this Regulation;

• c)

  Monitor regularly and report the results of the analyses of its raw and treated wastewater discharges, as well as of the sludge generated to the Competent Authority, in accordance with the provisions issued in the Discharge Authorization and the stipulations of this Regulation;

• d)

  Apply cleaner production mechanisms and perform plans for minimization in the generation of wastewater at the source;

• e)

  Establish and plan the progressive development of its wastewater purification capacities reporting the information to the Competent Authority;

• f)

  Execute within timeframes agreed with the Competent Authority, the design, construction, commissioning, operation and adequate maintenance of wastewater purification facilities, for compliance with discharge standards;

• g)

  Allow officials of the Competent Authority free access to its facilities for the purpose of inspecting discharges and the wastewater treatment plant generated, and provide them with all relevant information on the generation, handling, control, monitoring, treatment and disposition of its wastewater that could be requested.

In the application of this Regulation, Sensitive Receptors shall have the following rights:

• a)

  Be informed, by the Regulated Entity of its intention to request a Discharge Authorization before the Competent Authority.

• b)

  Report to the Competent Authority the non-compliance of this Regulation by the Regulated Entity.

• c)

  Be informed by the Competent Authority on the establishment and modification of Environmental Quality Standards in general and water in particular and of discharge standards.

• d)

  Monitor the environmental status of the surroundings and general health conditions of the population at risk or currently affected by wastewater discharges from one or more Regulated Entities to receiving bodies within their area of influence;

• e)

  Organize themselves in Environmental Surveillance Committees.

To the Secretariat of State in the Office of Health, the following powers are vested for the application of this Regulation:

• a)

  Support and coordinate with the municipalities and with MIAMBIENTE the carrying out of inspections, audits and other surveillance activities established in the National Regulation for Discharge and Reuse of Wastewater, in addition to forwarding the reports generated from these activities.

• b)

  Request, from the regulated entities to which it applies, proof of registration of wastewater discharge issued by the competent authority as part of the requirements for obtaining or renewing the Sanitary License.

• c)

  Make available the human resources necessary to implement Training Plans on matters concerning the application of this Regulation.

For the purposes of compliance with this Regulation, the Discharge Control Unit shall have the following functions:

• a)

  REGISTRATION AND CLASSIFICATION OF REGULATED ENTITIES: Shall be responsible for the design and implementation of the system of registration and classification of Regulated Entities; the collection, compilation, organization, processing and storage of information on emissions and operational reports and the timely transmission thereof to the sections that require it, with which it will coordinate; the management of a file registry and an index of available information; and for attending, deciding and satisfying requests for information from the public.

• b)

  DISCHARGE AUTHORIZATIONS AND DISCHARGE CONTROL: Shall be responsible for the analysis of requests for discharge authorizations and for ensuring the quality and analysis of supporting information, which is required to decide on them; the issuance of the discharge authorization in accordance with the procedures established in this Regulation; the negotiation with Regulated Entities for the establishment of timeframes for the development of wastewater treatment systems; the analysis and registration of relevant information from the technical and economic proposals presented for this purpose by Regulated Entities; the carrying out of more detailed discharge control activities at the facilities, evaluate the functioning of treatment systems, the nature and composition of discharges, the impacts on receiving bodies and other specialized activities. It is anticipated that this will be a highly technical function, which will require appropriately qualified professional personnel.

• c)

  DISCHARGE INSPECTION: Shall have responsibility for field follow-up and selective inspections of Regulated Entities, and when appropriate after complaint or petition concerning discharges carried out without control, to inspect the environmental status of receiving bodies, and, in the cases of municipalities with which MIAMBIENTE has signed agreements, the officials of the Municipal Environmental Units shall be responsible in the first instance, which shall carry out qualitative inspection reports mainly. When it is necessary to rule on the status and operating conditions of treatment systems, establish special monitoring protocols, evaluate states of environmental contamination in receiving bodies or any other function that demands such competencies.

• d)

  RESEARCH: Shall assume the functions of research of technical and scientific basis involved in the study of the state of contamination of the receiving bodies of the Republic and the state of human health, regularly divulging the results of its work. They shall have responsibility for the management, correct and coordinated use of laboratory resources and other technical resources required for the characterization of natural and wastewater and, therefore, shall also be responsible for the execution of analyses that may be necessary for the independent control of discharges from Regulated Entities.

• e)

  ISSUANCE OF TECHNICAL OPINIONS: Shall issue Technical Opinion derived from the Discharge Inspection process; it shall also pronounce itself by means of Technical Opinion favorably or unfavorably on requests presented for the Registration and Authorization of wastewater discharge.

The Competent Authority shall follow the criteria indicated below, to classify Regulated Entities according to wastewater emissions, based on their source and composition, total volumes emitted per unit of time, and discharge point.

• a)

  BY SOURCES AND COMPOSITION: Attending to the sources and possible compositions, this classification will include the categories of emitters of: i. Domestic Wastewater: Those normally produced in daily domestic activities, which include black water from sanitary systems, and gray water from sinks, showers, dishwashing and laundry areas, cleaning of areas and surfaces and other domestic sources. They are typically composed of conventional contaminants, although they may contain other types of contaminants. ii. Institutional or Commercial Wastewater: Those generated by the indicated sources, such as office buildings, shops, shopping centers, hotels, restaurants and other similar sources, which produce wastewater of composition similar to domestic and that are not classified as special wastewater, categories A or B. iii. Industrial and Agroindustrial Wastewater: Those from industrial operations and agroindustries which may be composed of conventional contaminants and, at the same time, by other contaminants, including refractory organic compounds or others, heavy metals, and other inorganic contaminants. iv. Agricultural, Livestock and Aquacultural Wastewater: Those characterized by containing conventional contaminants and, possibly, some special contaminants, potentially derived from products used to preserve the health of animals or, conversely, from infectious factors to them. v. Special Wastewater, Category A: Those defined as those whose composition contains or may contain priority contaminants and/or acute infectious agents. vi. Special Wastewater, Category B: Those that by the nature of their composition are capable of altering the functioning of treatment plants, causing damage to treatment infrastructure, to the sanitary sewer itself, or putting at risk the health and safety of people working in said installations or living in its vicinity.

• b)

  BY ITS FLOW: Attending to the volumes produced, Regulated Entities may be classified as: i. Small Emitters: Those Regulated Entities that generate up to 4 m3/day of wastewater. ii. Medium Emitters: Those Regulated Entities that generate more than 4 but less than 4000 (Four thousand) m3/day. iii. Large Emitters: Those Regulated Entities that generate 4000 (four thousand) m3/day or more.

• c)

  BY ITS FINAL DISPOSAL SITE: Attending to the discharge point, these shall be classified as: i. Direct Discharges to a Receiving Body. ii. Indirect Discharges, without Treatment, to a Receiving Body when these occur by conduit of a sanitary sewer not connected to a treatment facility. iii. Discharges to a Sanitary Sewer Connected to a Treatment Facility.

Every Regulated Entity that, at the date of entry into force of this Regulation, is carrying out or intends to carry out activities that generate wastewater discharges, to receiving bodies or to the sanitary sewer shall legalize such discharges by means of a Registration and a Discharge Authorization before the Competent Authority issued by the same; it shall also comply with the provisions and norms described in this Regulation.

Shall be exempt from the requirement of Registration and Discharge Authorization, all those Regulated Entities whose classification, in accordance with the criterion "by sources and composition", expressed in Article 11 of this Regulation, classifies them as generators of domestic wastewater or institutional or commercial, and that, simultaneously, in accordance with the criterion "by its flow", are classified as small emitters. This excludes from the requirement of Registration and Discharge Authorization all residential dwellings of the population and small institutional and commercial emitters, whose discharges do not exceed the quantitative limits indicated, and whose wastewater shall be handled by efficient treatment systems, collective or domestic-individual, or discharged to the sanitary sewer.

All those Regulated Entities that, in accordance with the criterion "by flow" according to subsection b) of Article 11 of this Regulation, are found in categories ii or iii and that, at the same time, in accordance with the criterion "by its final disposal site", are found in the classification of discharges to a sanitary sewer connected to a treatment facility, at the time of presenting their Registration and Discharge Authorization request, shall indicate that their wastewater and sludge are being, or will be treated by a central treatment facility not their own, and shall attach to their request an authenticated copy of the treatment service provision contract that they have signed with whoever provides or will provide them with depuration services, which must specify the conditions in which the service will be provided or, failing that, a certificate of connection issued by the operator of the central treatment facility. In these cases, such Regulated Entities shall be exempt from what is stipulated in Article 34 of this Regulation, concerning the requirement to implement treatment systems, logically falling the responsibility for providing the depuration of wastewater to the satisfaction of the Competent Authority on the holder of said central treatment facility.

The minimum information that must be provided in the discharge and sludge registrations, established in the RD Form (Procedures Manual), is as follows:

• a)

  Name or business name of the Regulated Entity.

• b)

  Physical, postal, electronic addresses and cadastral key.

• c)

  Name and position of the legal representative of the Regulated Entity and of the person responsible for the management of wastewater.

• d)

  Business activity.

• e)

  Goods, products and/or services produced.

• f)

  Information on the productive processes employed, including type of production (whether by lot or continuous), number and type of production lines (where applicable), and a flow diagram of the productive processes that clearly indicates the production of liquid waste from operations in the production lines or systems.

• g)

  Daily and annual work schedules.

• h)

  Number of employees at the wastewater production site.

• i)

  Minimum, average and maximum daily and monthly quantity of water used in activities, source(s) and quality thereof.

• j)

  Identification of raw materials and materials used in production, and their quantities, with particular emphasis on the possible presence of hazardous and/or controlled substances capable of generating hazardous waste as identified in Annexes I and III of the Basel Convention. When industrial chemical products are involved, a copy of the Material Safety Data Sheet (MSDS) shall be presented for each one.

• k)

  Levels of production sustained and representative of the operation of the installation. This information shall be compared with the information on characterization of effluents, so that specific discharges, or discharges per unit of production, can be estimated.

• l)

  Geo-referenced location, in Universal Transversal Mercator (UTM) coordinates, of each of the discharges and identification of the origin of these (operations that generate them, qualitative appreciation of their possible contents).

• m)

  Denomination of the final receiving body(ies) of the discharge(s) and the known uses of said body(ies).

• n)

  Date of initiation of discharges and annual period in which they occur. o) Possible applications of effluent reuse and percentage of effluent reused. p) Complete technical description of the wastewater treatment systems and/or liquid waste minimization that it operates, if it does. q) Characterization of discharges in accordance with what is established in the Procedures Manual. r) A characterization of sludge based on the regulation that is established.

Regulated Entities, whether new or in operation, that do not have an Environmental License shall request the Registration and Authorization of Discharges in the same administrative process of environmental licensing before the Competent Authority.

Operating companies that have an Environmental License shall proceed to request their Registration and Authorization of Wastewater Discharge before the Competent Authority in accordance with the following:

• a)

  In the case of companies that have six (6) months or less remaining until their Environmental License expires, they must perform this procedure at the time of renewal;

• b)

  Companies that are subject to control and monitoring, by virtue of the fact that the Environmental License has a remaining validity period greater than six (6) months, must request the Discharge Authorization separately from the Environmental License, with the validity period of the Authorization coinciding with the remaining time for the Environmental License to expire, and for subsequent renewals of both permits the time of the Discharge Authorization shall be equal to that of the Environmental License;

• c)

  Companies whose Environmental License has no expiration date shall request the Discharge Authorization separately within six (6) months after the entry into force of this Regulation.

Regulated Entities that operate production or service facilities in more than one geographic location or address shall request an independent Registration and Authorization of Discharge for each production site or service location. Regulated Entities that discharge, at a given geographic location, through more than one discharge line shall indicate this in their Registration, but shall not register such discharge lines in more than a single Registration, nor shall they obtain more than a single Discharge Authorization.

The requirements to register and obtain discharge authorization are:

• a)

  Request or petition for Registration and Authorization of wastewater discharges presented by Legal Representative, and for new projects in the same written submission of the application for Environmental License, which shall be resolved through an administrative Resolution;

• b)

  Form RD "Registration of wastewater and sludge discharges";

• c)

  Operating companies shall present an initial characterization of their discharges, as stipulated in this Regulation. In the case of new companies that are not yet operating, they shall present a projection or estimation of their discharges.

Upon receipt of a request for registration and authorization of discharge from an operating Regulated Entity, the Competent Authority shall proceed to:

• a)

  Analyze the information presented in Form RD;

• b)

  Analyze the results of the initial characterization to verify compliance with the Technical Standards for Wastewater Discharges to Receiving Bodies and Sanitary Sewerage and sludge regulations. The Competent Authority reserves the right to request that the discharge characterization be repeated if it has not been carried out in accordance with the technical guidelines established in this Regulation;

• c)

  Register and, in the event that the characterization of discharges shows that they comply with the Technical Standards for Wastewater Discharges to Receiving Bodies and Sanitary Sewerage and sludge regulations, authorize the discharge, taking into account what is established in Article 26 of this Regulation;

• d)

  Establish deadlines for the various actions contemplated in section two of Chapter V of this Regulation, for those Regulated Entities that do not comply with the Technical Standards for Wastewater Discharges to Receiving Bodies and Sanitary Sewerage, so that the Regulated Entity reduces the generation of pollutants within the maximum periods established in this Regulation;

• e)

  Evaluate reports of compliance progress, self-monitoring reports, inspection reports and others, in order to determine that Regulated Entities comply with the commitments acquired and with the regulations, to proceed to issue the discharge authorization.

Upon receipt of a request for Registration and Authorization of Discharge from a new Regulated Entity, the Competent Authority shall proceed to:

• a)

  Analyze the information presented in Form RD and register the Regulated Entity;

• b)

  Analyze the data of estimation or projection of discharges;

• c)

  Stipulate by administrative resolution the commitments acquired by the Regulated Entity once it enters operation;

• d)

  Evaluate the report (characterization of the first discharge), which the Regulated Entity shall present, in order to determine that it complies with the commitments acquired and with the regulations, to proceed to issue the Discharge Authorization;

• e)

  Evaluate operational reports. SECTION FIVE INITIAL CHARACTERIZATION OF DISCHARGES

Prior to registration and Authorization of Discharges, every Regulated Entity in operation shall perform an exercise of characterization of the same, based on the characterization and sectorized monitoring table that shall be established in the Procedures Manual, which shall determine both its composition and the total load of pollutants being discharged. All analyses must be performed by an authorized laboratory.

For purposes of initial characterization, the Competent Authority may request a more comprehensive prospective analysis initially, and upon ruling out the presence of certain pollutants, may request characterization based only on those identified for the purposes of subsequent monitoring reports that the Regulated Entity must present, as established in Article 36 of this Regulation.

In addition to the initial characterization of discharges, the Regulated Entity shall present a characterization of the receiving body of such discharge, the analyses to be performed shall be the same as those indicated in the Procedures Manual.

The initial characterization of discharges prior to the issuance of the Discharge Authorization and subsequent detailed monitoring of wastewater, to be included in regular emissions reports and operational reports of wastewater treatment systems, shall include what is established and shall be subject to the methodological procedures indicated in "Basic Technical Guidelines for Monitoring and Control of Wastewater Discharge and the Byproducts and Residues of its Treatment", which are presented in Annex 1 of this Regulation.

The resolution in which the Discharge Authorization is granted shall contain at a minimum the following information:

• a)

  Parameters of the National Technical Standard for Wastewater Discharges to Receiving Bodies and Sanitary Sewerage and what is established in the Technical Regulation on sludge that is issued by the Competent Authority, which the Regulated Entity shall monitor, report and comply with;

• b)

  Wastewater and sludge monitoring requirements that the Regulated Entity must satisfy, including, for each pollutant under control, the frequency, type of sample and location(s) of the sampling point(s) to be used in monitoring, as well as the complete information that the Regulated Entity must record as part of the monitoring to be performed. In any case, laboratory analyses of monitored parameters must only be performed by an authorized laboratory;

• c)

  Monitoring requirements, when necessary, of the water(s) of the receiving body or bodies, at the discretion of the Competent Authority, to evaluate the impacts of the discharge of wastewater from a Regulated Entity on such body or bodies, including, for each pollutant parameter under control, the frequency, type of sample, and location(s) of the sampling point(s) to be used in monitoring, as well as the complete information that the Regulated Entity must record as part of the monitoring to be performed;

• d)

  Frequency with which the results of wastewater and sludge monitoring shall be reported to the Competent Authority;

• e)

  Specification of the type of wastewater treatment system that shall be implemented to comply with the maximum allowable limits in accordance with the Technical Standard for Wastewater Discharges to Receiving Bodies and Sanitary Sewerage;

• f)

  Agreed periods between the Regulated Entity and the Competent Authority for the phased implementation, if applicable, of the treatment systems that the Regulated Entity must operate and deadline dates for the commissioning of the same;

• g)

  Special conditions that the Regulated Entity must observe in the handling of sludge, solid waste and possible gaseous byproducts of wastewater treatment;

• h)

  Special conditions that the Regulated Entity must observe in the reuse of its wastewater, if applicable;

• i)

  Applicable measures derived from public petitions, when applicable.

The Discharge Authorization shall have a validity period for the same length of time as the Environmental License lasts. In the case of companies that have an Environmental License with indefinite validity, such Authorization shall last five (5) years. Notwithstanding the foregoing, the Discharge Authorization granted to a Regulated Entity may be revoked for the reasons typified in this Regulation and specified in the authorization itself, for the knowledge of the Regulated Entity.

Regulated Entities must request, before the Competent Authority, the renewal of their discharge authorizations with an advance notice of six (6) calendar months before the expiration date thereof. For this purpose, they shall complete a renewal application for authorization in which they must specify any change that may have occurred in the original data of their Registration, in such a way that such changes, if they have not been presented to the Competent Authority in the regular reports that the Regulated Entity must present for modifications made in the inter-report period, be taken into account by the Competent Authority for the conditions of authorization renewal.

Upon renewal of the Discharge Authorization, the Competent Authority reserves the right to modify any treatment objective, quantitative discharge norm and general provision that it has previously issued, insofar as the needs of discharge control warrant it and in light of the probable growing complexity of water pollution in the country, associated with the growth and concentration of the population, the growth and differentiation of productive activities, the development of new control techniques, the appearance of new pollutants, and any other justifiable cause.

Reviews of the objectives for control of discharge standards and other provisions shall normally occur in periods of five (5) years, coinciding with the duration of the validity of the Discharge Authorization and shall be communicated to Regulated Entities when established. The Competent Authority reserves the right to conduct them with greater frequency.

Any Regulated Entity requesting Authorization for the discharge of wastewater, for the first time or when renewing the Authorization, must assume the administrative costs established by the Competent Authority. CHAPTER V MECHANISMS AND CONDITIONS FOR CONTROLLING DISCHARGES FIRST SECTION CONTROL OR TREATMENT OF WASTEWATER

As the first option by the Regulated Entities, when their wastewater does not comply with the Technical Standard, prior to obtaining the Discharge Authorization, they must improve their processes using the Best Available Technologies or implementing Good Environmental Practices, the periods for the implementation of such changes shall be established by consensus with the Competent Authority. SECOND SECTION DEADLINES FOR THE IMPLEMENTATION OF PREVENTION MEASURES OR TREATMENT SYSTEMS

When, from the discharge of its raw wastewater, an operating Regulated Entity cannot guarantee compliance with the objectives and discharge standards indicated by the Competent Authority and the implementation of Best Available Technologies (BAT) or Good Environmental Practices (GEP) are not effective, it must implement systems for their treatment. To do so, it must observe what is set forth in number 7 (Procedures for the establishment of wastewater treatment systems) of Annex 1 of this Regulation.

Once the existence or projection of a discharge is established, a treatment system must be implemented in accordance with what is provided in the previous Article, such that the treatment objectives and discharge standards defined by the Competent Authority for Regulated Entities can be met. These shall have a peremptory deadline depending on whether the Regulated Entity requires:

• a)

  Primary treatment and management of its resulting sludge, shall have one year for its implementation,

• b)

  Conventional secondary treatment, including disinfection, and the management of its resulting sludge, shall have two years for its implementation,

• c)

  Treatment for nutrient control, shall have three years for its implementation,

• d)

  Advanced treatment, where required, shall have four years for its implementation.

Notwithstanding the foregoing, if a Regulated Entity finds that it has economic difficulties to carry out the required investments, it may request from the Competent Authority an extension of the deadline defined herein. The request to this effect must be submitted formally through a petition letter signed by the legal representative of the Regulated Entity and supported by the presentation of general balance sheets and income statements from independent audits of the last five (5) years, which demonstrate such difficulty. For the purpose of authorizing such request for the first and only time, where priorities permit, provided there is no risk to public health, as determined by the General Directorates of Vigilance of the Regulatory Framework, Standardization and Integrated Health Networks, through the Health Surveillance Unit or another designated unit; as well as for the preservation of the environment; the Competent Authority may determine reasonable periods of time that, counted from the issuance of the Discharge Authorization, may not exceed one year. THIRD SECTION MONITORING REPORTS

Regulated Entities that implement a wastewater treatment system are obligated to submit to the Competent Authority the following monitoring reports: a) Regular emission reports. Once the commitments with the Competent Authority are established, the Regulated Entity shall monitor its discharges and send reports of its emissions to that Authority. For this purpose, it shall be guided by what is established in number 3 (Regular emission reports) of Annex 1 of this Regulation. b) Operational reports of treatment systems. Once the commitments with the Competent Authority are established, the Regulated Entity shall monitor its discharges and send operational reports of its treatment system to that Authority. For this purpose, it shall be guided by what is established in number 4 (Operational reports of wastewater treatment systems) of Annex 1 of this Regulation. FOURTH SECTION SAMPLING AND ANALYSIS PROCEDURES

The Competent Authority shall establish technical standards or regulations for the sampling and analysis of discharges of wastewater and sludge from regulated entities. Until such standards are issued, they shall be governed by what is established in number 5 (Sampling and analysis procedures) of Annex 1 of this Regulation. FIFTH SECTION INSPECTION PROCEDURES

The selective control mechanisms shall take the form of inspections and direct sampling to be carried out by the Competent Authority. For such purpose, the representatives of the Competent Authority, duly accredited by means of an identification card, shall have, upon written notification and not necessarily with prior notice, access to the production facilities, to the treatment systems operated by Regulated Entities and to the discharge points, as well as to all information regarding the operation of the treatment systems and other processes pertinent to the objectives of pollution control.

For the purpose of conducting the selective inspections established in Article 38 of this Regulation, the Competent Authority shall assign its inspectors through a selective and pre-established inspection program, detailed in number 10 (Inspection procedures) of Annex 1 of this Regulation.

In relation to the mechanisms and conditions for controlling discharges, the representatives of the Competent Authority:

• a)

  Shall have access to the property of a Regulated Entity where a discharge or treatment facility to be controlled is located, or to the sites where Records pertinent to the Discharge Authorization are kept;

• b)

  May review and obtain any Record of information relevant to the Discharge Authorization or other permits;

• c)

  May inspect the facilities, equipment, practices and operations regulated under the conditions of the Discharge Authorization;

• d)

  May conduct sampling of any substance, at any location, relevant to what is regulated by the Discharge Authorization;

• e)

  May interview operators of the treatment systems and other personnel of the Regulated Entity with involvement in these systems; and f) Shall comply with the stipulations of hygiene, industrial safety, biosecurity and others that are pertinent for their own protection and that of the Regulated Entity, established by the latter, for which purpose the Regulated Entity must provide them with the necessary equipment and instructions at the time. SIXTH SECTION PROCEDURES IN CASE OF ANOMALIES, EXTRAORDINARY AND EMERGING DISCHARGES

If, after conducting the inspections established in Article 38, it is found that a treatment system does not comply with the wastewater quality conditions discharged, established in the Discharge Authorization, the inspector must follow the steps indicated in number 11 (procedures in cases of anomalies) of Annex 1 of this Regulation.

The Competent Authority shall prepare, before the inspection program begins, the formats for various notifications, action orders and notification of violation of discharge conditions as support to the procedures indicated in number 11 (procedures in cases of anomalies) of Annex 1 of this Regulation.

When, for reasons of emergency qualified by the Competent Authority and associated with failure and/or malfunction of treatment systems or any of their components that could arise inadvertently by a Regulated Entity, said entity is in the need to discharge its wastewater in violation of discharge standards, the Regulated Entity in question incurs the responsibility of notifying in writing the Competent Authority of such extraordinary discharge, within a period not exceeding 48 hours counted from its beginning, indicating the estimated volumes of the discharge, the composition or state of treatment of the wastewater discharged, the receiving body to which it was discharged and the reasons justifying the emergency situation, and also explaining what actions it has taken to resolve this situation. The Regulated Entity is not exempt from applicable sanctions as provided in this Regulation.

When, for reasons of maintenance and/or modification of its treatment systems, a Regulated Entity foresees that it must divert the discharges of its wastewater in such a way that they do not pass through the treatment system, or are only partially treated in it, and therefore must be evacuated in violation of discharge standards, it must request, in writing, authorization from the Competent Authority to do so within a period of at least thirty (30) business days before the date of the planned discharge and obtain such authorization. The Competent Authority may reserve the right to authorize or not the discharge, as well as the duration thereof, which shall be granted for one time only. In such request, the Regulated Entity must specify the estimated volumes of the discharge, the composition or state of treatment of the wastewater that will be discharged, the receiving body to which it will be discharged and the reasons justifying the request. The Regulated Entity is not exempt from applicable sanctions as provided in this Regulation and must apply necessary changes immediately to the infrastructure and corrective measures.

When activities of sample collection, field inspection, chain of custody, laboratory analysis, interpretation of results are conducted, derived from an official action or as a result of a complaint, the costs incurred by the Competent Authority must be paid by the complained-of party or infractor, in accordance with values established by the Competent Authority, provided that the results reflect that the complained-of party or infractor generates pollution that exceeds the levels permitted by the respective Technical Standard. SEVENTH SECTION MANAGEMENT OF SLUDGE AND BY-PRODUCTS GENERATED IN WASTEWATER TREATMENT SYSTEMS, SEPTIC TANKS AND WATER TREATMENT PLANTS

For purposes of this Regulation, the following are recognized as by-products of wastewater and drinking water treatment: a) Organic and inorganic waste retained in the screening operations located at the entrance to the treatment system. b) Sand, and c) Floating materials that can be decanted from the surfaces of primary and secondary sedimentation tanks, which include but are not limited to slag, foam and grease. The by-products, based on their characteristics, shall be disposed of in accordance with what is stipulated in the Technical Regulation for Comprehensive Sludge Management, and while it is being drafted, they shall be guided by WHO guidelines.

According to their characteristics, sludges are classified as: a) HAZARDOUS SLUDGES: These are special industrial or commercial waste with hazardous characteristics. b) NON-HAZARDOUS SLUDGES: These are waste generated in domestic wastewater treatment plants, septic tanks, water treatment plants and non-hazardous industrial wastewater. Their management shall be regulated in the Technical Regulation for Comprehensive Sludge Management, which for this purpose shall be issued by the Competent Authority within a period not to exceed two (2) years after this Regulation is approved, without prejudice to what is established in the Current Regulation for Comprehensive Solid Waste Management.

Until such regulations are issued, the final disposal of non-hazardous sludges may be carried out in sanitary landfills or in sites authorized by the local authority. CHAPTER VI QUALITY OF NATURAL WATERS AND REUSE OF WASTEWATER FIRST SECTION USES OF NATURAL WATER BODIES

The following potential or actual uses of natural water bodies are recognized:

• a)

  SUPPLY TO POPULATIONS: Natural water intended for the production of drinking water that will be used for supply to populations; it is subdivided into 2 categories: Category A: Waters that from a health standpoint can be treated to drinking water standards with only the addition of disinfectants. Category B: Waters that from a health standpoint can be treated to drinking water standards through conventional or advanced treatment;

• b)

  PRESERVATION OF AQUATIC AND COASTAL FLORA AND FAUNA: That which has the basic quantity and quality of water and maintains the natural life of aquatic and terrestrial ecosystems, without causing significant alterations in them and which allows the reproduction, survival, growth, extraction and use of hydrobiological species in any of their forms.

• c)

  AGRICULTURAL AND LIVESTOCK USE: That which is used for irrigation of crops, for the consumption of livestock in its various species, as well as for other activities that the Secretary of State in the Office of Agriculture and Livestock establishes. It is subdivided into three categories: Category A: Water for irrigation of vegetables and fruits that are consumed raw. Category B: Water for irrigation of any other type of crop. Category C: Water for the consumption of livestock.

• d)

  LANDSCAPE USES: Water intended to be used for irrigation of green areas, parks, sports fields, road medians, cemeteries, green strips, streets and roads for dust control and other spaces actually or potentially occupied by humans, application in which the quality of the water used may have impacts on soil, crops and human and animal health through direct or indirect contact with it.

• e)

  USE IN AQUACULTURE: That used in the cultivation of aquatic organisms from fresh, brackish and salt water, which include fish, mollusks, crustaceans, algae and aquatic plants where cultivation involves intervention in the production, planting, feeding, reproduction and protection process; application in which the quality of water may compromise the viability of the organisms to be cultivated and/or human health through consumption of these.

• f)

  INDUSTRIAL USES: Water used in various industrial uses, such as cooling, steam generation, use as raw material and other process uses, applications in which water quality may alter industrial processes through fouling, growth of biological films, deposition of precipitations and scale formation, corrosion and/or compromise public health through the formation of aerosols capable of transporting microorganisms and pathogenic elements to the environment. The Competent Authority, in consultation with Regulated Entities that are industrial water users and with accredited technical sources, shall establish the categories and regulations relevant to this use.

• g)

  RECREATIONAL USES: Water used for recreational purposes in activities such as swimming, diving, medicinal baths and other uses that involve direct contact of humans with water (Category A), or its use in activities such as water sports and fishing, which involve indirect contact with water (Category B), application in which the quality of water may compromise human health.

• h)

  NON-POTABLE URBAN USES: Waters that may be used for applications such as fire control, waste flushing and air conditioning, which do not involve direct contact of humans with water, nor consumption of it.

The State through the Competent Authority, in consensus with the involved sectors, shall issue regulations to govern the different uses of water. SECOND SECTION WATER QUALITY CRITERIA ACCORDING TO USE

The Competent Authority shall define, with the participation of technical, scientific, research instances and others pertinent to ensure on a technical basis, the criteria and regulations that shall govern the quality of waters of natural bodies, according to their use; as well as the quality of wastewater to be used in reuse applications, according to the nature of such application.

Natural waters or reuse wastewater that do not comply with the quality regulations corresponding to such application may not be used in any regulated use. These regulations shall also serve to inform the decisions that the Competent Authority appropriately makes in relation to the definition of specific objectives and discharge regulations of wastewater to receiving bodies. THIRD SECTION FORMS OF REUSE OF TREATED OR RAW WASTEWATER

For purposes of this Regulation, the following shall be considered forms of reuse of treated or raw wastewater: a) Those established for natural waters in Article 49 subsections b), c), d) and h) of this Regulation, under specific regulations. b) Use for Aquifer Recharge: It refers to the use of water for artificial recharge of aquifers, either for the replenishment of these, or for the control of saltwater intrusion or the control of land subsidence caused by the depletion of underground water reservoirs, application in which the presence of dissolved solids, nitrates, volatile organic compounds or microorganisms and pathogenic elements may put human health at risk. CHAPTER VII LIMITS FOR THE DISCHARGE OF WASTEWATER FIRST SECTION CRITERIA FOR ESTABLISHING DISCHARGE LIMITS BASED ON WATER QUALITY

The limits for the discharge of pollutants contained in Wastewater shall be defined by the Competent Authority as a function of the receiving body, treatment needs and objectives, baseline environmental conditions and risks to human health, watersheds or control zones and others that it considers applicable.

The Competent Authority shall proceed, within a period not exceeding ten (10) years from the effective date of this Regulation, to define the quantitative regulations that shall limit the discharge of wastewater to receiving bodies, based on the best practical technology available and/or the water quality of the receiving bodies. SECOND SECTION QUALITY OF WATER BODIES

The Competent Authority shall promote and coordinate the performance of water quality studies of receiving bodies within watersheds considered priority or representative and in locations such that the effects of major discharges from municipal, industrial, agroindustrial, agricultural, aquacultural and other sources capable of producing significant disturbances to the water quality of such bodies can be revealed by such studies. The studies thus performed shall initially be carried out for at least the following water bodies: a) ATLANTIC WATERSHED: Ulúa, Chamelecón, Aguán, Leán, Patuca Rivers; Yojoa Lake; aquifers of the Sula Valley and the Olancho Valley; fresh, brackish surface waters and marine waters near the coast of the Bay Islands insular system. b) PACIFIC WATERSHED: Choluteca and Nacaome Rivers; aquifers of Tegucigalpa and the Choluteca Valley; fresh, brackish surface waters and marine waters near the coast, estuaries and the insular system of the Honduran territory in the Gulf of Fonseca.

The Competent Authority shall coordinate with the Water Authority, the National Electric Energy Enterprise (ENEE), the National Meteorological Service (SMN), the Permanent Contingencies Commission (COPECO), or the entities that precede them and any other entity in the country that performs hydrometric measurements for the purpose of establishing for itself, or having access to a database with information on the flow rates of the natural water bodies of the Republic under different climatic conditions.

The Competent Authority shall strengthen its technical and economic capacity so that, within a period not exceeding five (5) years from the effective date of this Regulation, the monitoring indicated can be carried out in all the watersheds of the country, including its main rivers and tributaries, the most important aquifers due to their water supply and propensity for contamination and coastal and insular zone waters.

The Competent Authority shall proceed within a time period not exceeding ten (10) years from the effective date hereof, to define the quantitative discharge regulations based on the best practical technology available, which shall govern the different productive activities in the country. With the reports issued by the Regulated Entities, the Competent Authority shall proceed to generate a database that allows it to identify, by type of productive activity, the degrees of treatment that can practically be achieved with the operation of such treatment technologies, in such a way that the real purification performance that can be expected from the different technologies in use are determined. The discharge regulations thus defined shall normally be established in terms of the maximum permissible discharges per unit of time, for each of the given pollutants (for example, kilogram of Biochemical Oxygen Demand five per day (kg BOD5/day)), by type of productive activity.

Once the discharge regulations based on water quality referred to in Article 55 of this Regulation are defined, if discharges by the Regulated Entity are made based on technology-based regulations, and if this exceeds the limits established by the regulations founded on water quality and are such that the treatment objectives cannot be met, those established based on water quality shall prevail. FOURTH SECTION DISCHARGE REGULATIONS TO RECEIVING BODIES AND SANITARY SEWERS Article 61.- While the periods previously established for the preparation of discharge regulations, based on water quality and best practical technology available do not expire and the Competent Authority has not defined the indicated regulations, for all those discharges that occur directly to any receiving body, or indirectly to it through a sanitary sewer not connected to a treatment system, the regulations indicated in Decree 058 of April 9, 1996 ("Technical Standards for the Discharge of Wastewater to Receiving Bodies and Sanitary Sewers") shall apply, subject to the following modifications: a) TEMPERATURE OF DISCHARGES TO RECEIVING BODIES: The value cited in Article 6 of Table #1, Group A, temperature parameter of the "Technical Standards for the Discharge of Wastewater to Receiving Bodies and Sanitary Sewers" which shall be read as < 35 °C (less than thirty-five degrees Celsius). b) INTERPRETATION OF THE TERM "MAXIMUM PERMISSIBLE CONCENTRATION": All quantitative values under the heading "Maximum Permissible Concentration" in Tables # 1 and 2 of the "Technical Standards for the Discharge of Wastewater to Receiving Bodies and Sanitary Sewers", shall be understood as the maximum values that may not be exceeded by wastewater discharges to receiving bodies (Table # 1) or to sanitary sewers (Table # 2), determined as average values in a monitoring protocol performed during three independent and consecutive wastewater production days of at most 24 hours duration each, through the use of composite samples for all those parameters that can be measured by composite samples, or in a monitoring protocol of equal duration that quantifies the average values by taking at least three (3) point samples per day of wastewater production of at most 24 hours duration each, for those parameters that can only be determined through the use of point samples. FIFTH SECTION DISCHARGES TO SANITARY SEWERS WHEN CONNECTED TO A TREATMENT SYSTEM

When the Regulated Entity discharges to a collector connected to a centralized wastewater treatment system operated by third parties, the wastewater emitted by it must comply with the needs of composition and total pollutant loads defined by the operator of the centralized treatment system, such that the loads to be removed are within the handling capacity of said system and that the characteristics of the effluent to be treated guarantee the non-disruption of treatment, its safety and the integrity of the physical works of the treatment and sewage systems themselves, without compromising the health and safety of persons subject to exposure to hazardous substances due to potential spills and exfiltration from sewage systems. In particular, under these conditions, wastewater containing the alterations indicated in number 6 (discharges to sanitary sewerage when connected to a treatment facility) of Annex 1 of this Regulation may not be discharged.

Any Regulated Entity that discharges its wastewater to a collector, whether or not connected to a treatment system operated by third parties, must have its composition and total pollutant loads adjusted to the values permitted in the Quality Standards for Discharge of Wastewater to Sanitary Sewerage, contained in the Technical Standards for Discharge of Wastewater to Receiving Bodies and Sanitary Sewerage. In such case, the Regulated Entity must perform a Pretreatment process at the site where such discharges are generated, so that the effluent complies with the maximum permissible limits established in the aforementioned standards. CHAPTER VIII REGULATED ENTITIES THAT ALREADY HAVE WASTEWATER TREATMENT SYSTEMS

When a Regulated Entity, upon the entry into force of this Regulation, has already implemented measures for minimization and/or treatment of wastewater, it must:

• a)

  Present to the Competent Authority a technical and economic summary of the treatment system operated, which records: i. Summary of studies on treatment of wastewater from the Regulated Entity, when these have been conducted; ii. Unit operations of the treatment operated and design criteria for each one; iii. Average and maximum depuration capacities per unit operation in terms of hydraulic loads and pollutant loads that they handle; iv. General flow diagram of the system; v. Information on performance obtained, by unit operation, including Records of concentrations and flow rates of entry and exit to each operation and a summary of depuration efficiencies of each unit operation and of the system as a whole; vi. Detail of investment costs and operation and maintenance of the system; vii. A summary of analyses of treatment alternatives contemplated at the time when the Regulated Entity made its decisions on the articulated system; and, viii. A technical and economic justification of why the finally operated system has been selected;

• b)

  Conduct and present an Environmental Audit of the treatment system in accordance with the regulatory framework and what is stipulated in this Regulation, and ensure that it has a valid Environmental License;

• c)

  Articulate the modifications that may be necessary to the treatment system if it proves to be insufficient for compliance with the standards stipulated for the Regulated Entity by, and within a schedule negotiated with the Competent Authority, generating progress reports of such process and allowing inspections that in the judgment of the Competent Authority are necessary;

• d)

  Record in daily logbook the relevant details of the operation of treatment systems, including volumetric measurement of wastewater discharged daily, and present to the Competent Authority reports on the operation of its treatment systems, with a minimum frequency of quarterly, including all information that in the judgment of the Competent Authority or established in this Regulation is necessary to characterize the quality of wastewater entering and exiting treatment, treatment efficiencies, total and specific loads of pollutants handled by unit and/or process in the treatment, operating conditions, possible operating problems found and actions taken by the Regulated Entity to resolve them, and articulated maintenance. CHAPTER IX INFORMATION AND PUBLIC PARTICIPATION FIRST SECTION ENVIRONMENTAL AWARENESS AND EDUCATION

The Competent Authority, in coordination and with the support of Non-Governmental Environmental Organizations (NGOs), programs and agencies of international cooperation and international financial organizations that work on environmental issues, universities, municipalities, research centers and other relevant institutions, will promote and support actions for the development of education and public awareness on matters and problems related to water pollution and the quality of receiving bodies and the practical actions that can be taken to help address these problems. SECOND SECTION ORGANIZATION OF ENVIRONMENTAL MONITORING COMMITTEES

The Competent Authority will support municipal authorities and Municipal Environmental Units (UMAs), in the organization and training of Environmental Monitoring Committees (CVAs) at the level of municipalities and communities initially and, eventually, at the level of watersheds and/or control zones, when in these latter regions social and/or governmental environmental management organizations are constituted. THIRD SECTION PUBLIC HEALTH WARNING SYSTEM

Based on analyses of environmental status and health risks, the Competent Authority bears the responsibility of alerting the public about any risk associated with the use of receiving bodies. Such alerts must be communicated through the different communication media available to the Competent Authority. CHAPTER X PROHIBITIONS, INFRACTIONS AND SANCTIONS FIRST SECTION PROHIBITIONS

The following are prohibitions of this Regulation:

• a)

  It is prohibited to initiate any type of activity that generates wastewater without having the Registry and its respective Authorization for discharge of wastewater.

• b)

  Discharge to water bodies or infiltrate into soil, subsoil or groundwater aquifers, polluting substances that do not comply with the maximum permissible values established in the National Technical Standard for Discharge of Wastewater to Receiving Bodies and Sanitary Sewerage;

• c)

  Dump into water bodies, pollutants that cause, or are capable of causing alterations to health and/or ecosystems, in the absence of a Discharge Authorization;

• d)

  Dilute in any manner the discharges of wastewater to receiving bodies or sanitary sewerage;

• e)

  Dispose in water bodies and sanitary sewage systems, the sludges described in Article 47 subsection (b) of this Regulation, sludges generated in septic tanks and those generated in water treatment plants, as well as any other solid or gaseous waste from said treatment systems;

• f)

  Discharge to receiving bodies or sanitary sewerage waste contaminated with radioactive substances;

• g)

  Wash in water bodies, private or commercial vehicles of any kind; agricultural, industrial, construction, sludge transport and other work equipment; application equipment or pesticide containers and other agrochemicals; raw materials, intermediate products, final products and equipment from any food production or processing operation, or any other productive activity, at any scale; or carry out within water bodies or in their adjacent zones from which pollutants can be transported to their waters, cleaning activities of containers, artifacts, materials and products capable of altering the quality of the waters of said bodies.

• h)

  Dispose of the sludges described in Article 47 subsection (b), without complying with what is established in the Technical Regulation for Integral Sludge Management issued by the Competent Authority. SECOND SECTION ADMINISTRATIVE INFRACTIONS

Administrative infractions are understood to be actions or omissions that violate the provisions and administrative resolutions contained in this Regulation in the matter it regulates, provided that these are not typified as crimes. Administrative infractions shall be divided into Minor, Less Serious, and Serious.

The following are Minor infractions of this Regulation:

• a)

  Delay of up to two months in requesting renewal of the Discharge Authorization;

• b)

  Delay in delivery of an emissions report and/or an operational report of up to fifteen (15) business days, without reasonable justification, satisfactory and without communication of the delay to the Competent Authority;

• c)

  Delay of up to one month in presenting the program of corrective actions requested by the Competent Authority for compliance with discharge standards, without valid justification;

• d)

  Delay of up to one month in presenting the report of progress status of corrective actions agreed upon by a Regulated Entity with the Competent Authority, without valid justification;

• e)

  Prevent or hinder, for the first time, inspections of discharges or treatment systems by the Competent Authority;

• f)

  Delay of up to fifteen business days in initiating execution of action orders established by the Inspector, without valid justification;

• g)

  Report in the Registry request for discharges, in the initial characterization of the effluent, or in regular emissions or operational reports of treatment systems, incomplete or incorrect information, due to lack of appropriate knowledge thereof, or for not having generated it properly;

• h)

  Construct treatment systems in the absence of approval by the Competent Authority, provided that this does not result in the systems not complying with the established discharge standard;

• i)

  Fail, within the 48-hour period established in this Regulation, to report extraordinary discharge of spillage that occurs in emergency conditions, provided that this does not entail serious episodes of environmental alteration or serious health risks associated with the spillage of priority pollutants;

• j)

  Wash in water bodies, equipment, machinery or vehicles of any kind;

• k)

  Fail to request authorization from the Competent Authority for conducting extraordinary programmed discharges within the period established in this Regulation, provided that this does not entail serious episodes of environmental alteration or serious health risks associated with the spillage of priority pollutants.

• l)

  Leave in public thoroughfares the residues produced from desilting sewers, drains or collectors, for more than 48 hours after completing the respective work.

The following are Less Serious infractions of this Regulation:

• a)

  Recidivism in the commission of a minor infraction, insofar as it is not classified as a serious infraction in the provisions of this Regulation;

• b)

  Non-compliance with technical specifications in conducting the initial characterization of discharges, regular emissions reports and operational reports of treatment systems, resulting in the production of erroneous information;

• c)

  Delay of more than fifteen (15) business days in delivery of an emissions report and/or an operational report, without reasonable justification, satisfactory and without communication of the delay to the Competent Authority;

• d)

  Delay of more than 45 business days in presenting the program of corrective actions requested by the Competent Authority for compliance with discharge and sludge disposal standards without valid justification;

• e)

  Delay of more than one month in presenting the report on the progress status of corrective actions agreed upon by a Regulated Entity with the Competent Authority, without valid justification;

• f)

  Delay of more than fifteen business days in initiating execution of action orders established by the Inspector, without valid justification;

• g)

  Non-compliance with deadlines agreed with the Competent Authority for the development of wastewater and sludge treatment systems, without justified cause;

• h)

  Failure to record daily in the Registry the volumes of wastewater discharges, without justified cause.

The following are Serious infractions of this Regulation:

• a)

  Recidivism in the commission of a less serious infraction, with the exception of that stipulated in subsection a) of Article 72 of this Regulation;

• b)

  Prevent or hinder, two or more times, inspections of discharges or wastewater and sludge treatment systems, or resort to means of any kind to induce them to error;

• c)

  Reuse wastewater and sludges in violation of applicable legislation;

• d)

  Negligence in the operation of wastewater and sludge treatment systems;

• e)

  Maliciously provide false data of any kind to inspectors or any other official of the Competent Authority, during inspection visits or in registration information, in regular emissions reports, in feasibility studies, in operational reports, in compliance progress reports of discharge and sludge standards;

• f)

  Fail to report within the 48-hour period, the discharge of extraordinary spillage established in this Regulation that occurs in emergency conditions, when this entails serious episodes of environmental alteration or serious health risks associated with the spillage of priority pollutants, or in any other manner;

• g)

  Fail to register discharges, not have discharge authorization or not have its renewal, resulting in the spillage of wastewater without proper registration or in the absence of a valid Discharge Authorization;

• h)

  Not have authorization from the Competent Authority for conducting programmed extraordinary discharges within the period established in this Regulation, when this entails serious episodes of environmental alteration or serious health risks;

• i)

  Wash in water bodies, vehicles or agricultural, industrial, construction, sludge transport and other work equipment; application equipment or pesticide containers and other agrochemicals; raw materials, intermediate products, final products and equipment from any food production or processing operation, or any other productive activity, at any scale; or conduct within water bodies or in their adjacent zones from which pollutants can be transported to their waters, cleaning activities of containers, artifacts, materials and products capable of altering the quality of the waters of said bodies;

• j)

  Discharge to water bodies or infiltrate into soil, subsoil or groundwater aquifers polluting substances that do not comply with the maximum permissible values established in the National Technical Standard for Discharge of Wastewater to Receiving Bodies and Sanitary Sewerage and the Technical Regulation for Integral Sludge Management issued by the Competent Authority.

• k)

  Dump into water bodies and soil, pollutants that cause, or are capable of causing alterations to health and/or ecosystems, in the absence of a Discharge Authorization;

• l)

  Dilute in any manner the discharges of wastewater to receiving bodies, or sanitary sewerage;

• m)

  Dispose in water bodies the sludges resulting from treatment of wastewater, as well as any other solid or gaseous waste thereof;

• n)

  Discharge to receiving bodies or sanitary sewerage waste contaminated with radioactive substances. o) Store or temporarily deposit, collect, transport and dispose of sludges within or outside where they are generated in conditions that may cause harm to health, public thoroughfares and the environment. p) Establish clandestine sludge dumpsites. q) Throw sludges into springs, public sources, aqueducts, pipes, drains or any water body or the storm sewerage system. r) Deposit dangerous or untreated sludges in sites not authorized by the Competent Authority.

The sanctions applicable to actions or omissions that violate the provisions and administrative resolutions contained in this Regulation shall be the following:

• a)

  Fine, which shall not be less than One Thousand Honduran Lempiras (L. 1,000.00), nor greater than One Million Honduran Lempiras (L. 1,000,000.00);

• b)

  Cancellation or revocation of the tax incentives established by this Regulation;

• c)

  Temporary suspension of activities that generate wastewater;

• d)

  Permanent closure of activities that generate wastewater;

• e)

  Indemnification for damages; and,

• f)

  Restoration or restitution of things or objects affected to their natural being and state.

Minor infractions shall be sanctioned with fines that shall not be less than One Thousand Honduran Lempiras (L. 1,000.00), nor greater than Five Thousand Honduran Lempiras (L. 5,000.00).

Less serious infractions shall be sanctioned with fines in accordance with the following:

• a)

  When there is recidivism for the first time, the amount of the fine shall be greater than Five Thousand Honduran Lempiras (L. 5,000.00), but not greater than Twenty Thousand Honduran Lempiras (L. 20,000.00);

• b)

  When recidivism occurs more than once for a minor infraction or is considered by itself a less serious infraction, the amount of the fine shall be greater than or equal to Twenty Thousand Honduran Lempiras (L. 20,000.00), but less than One Hundred Thousand Honduran Lempiras (L. 100,000.00);

• c)

  The sanctions of permanent closure, total or partial, suspension for up to six (6) months, cancellation or revocation, indemnification and restoration or restitution, shall be applicable together with the fine, when applicable.

The fines for serious infractions of this Regulation are as follows:

• a)

  Those indicated in letters a), b), c), d) of Article 73, with a fine that shall be greater than or equal to One Hundred Thousand Honduran Lempiras (L. 100,000.00), but less than Two Hundred Thousand Honduran Lempiras (L. 200,000.00);

• b)

  Those established in subsections e), f), g), h), i), o), p) of Article 73, with a fine that shall be greater than or equal to Two Hundred Thousand Honduran Lempiras (L. 200,000.00), but less than Six Hundred Thousand Honduran Lempiras (L. 600,000.00);

• c)

  Those contained in letters j), k), l), m), n), q), r) of Article 73, with a fine that shall be greater than or equal to Six Hundred Thousand Honduran Lempiras (L. 600,000.00), but not greater than One Million Honduran Lempiras (L. 1,000,000.00).

The sanction of temporary closure of the activities or installations subject thereto shall be applied when these contaminate the environment or may cause harm to human health by exceeding, for more than four (4) months, the discharge limits of contaminants established in the present Regulation, in the current technical standards or in the levels of contamination to be discharged, agreed upon by the Regulated Entity with the Competent Authority. The Competent Authority shall determine the duration of the temporary closure, which in any case shall not exceed six (6) months, a period that shall be considered peremptory for the Regulated Entity subject to the closure sanction to restore its discharges to the regulated values.

The sanction of permanent closure of the activities or installations subject thereto shall be applied when, after the temporary closure sanction has been established against such Regulated Entity, this entity, after two (2) months have elapsed since the restart of operations of the temporarily closed installations or activities, has not restored the discharges to the regulated values.

The sanctions of indemnification for damages and losses and the restoration or restitution of things or objects affected to their natural being and state shall be applied in accordance with the provisions of the Regulation of the General Environmental Law. CHAPTER XI TRANSITORY PROVISIONS

While a Discharge Control Unit ascribed to the Competent Authority is operationally established, with a functional organizational and administrative structure and a budgetary allocation that allows it to assume its responsibilities; the activities of registration of Regulated Entities and Authorization of their Discharges, as well as the other functions for the achievement of the provisions and objectives of the present Regulation, may be assigned by the Competent Authority to one of its departments, with capacity to handle the subject matter.

As of the effective date of the present Regulation, the value of the temperature parameter in Table 1, Article 6 of Agreement 058 of April 9, 1996, which contains the Technical Standards for the Discharge of Wastewater to Receiving Bodies and Sanitary Sewerage, is hereby repealed, and shall be read in accordance with what is established in Article 61 of this Regulation. Any other provision contained in said Agreement that contravenes what is established in the present Regulation is also repealed.

The Competent Authority may issue technical standards for the design and operation of small wastewater treatment systems to be used in areas lacking sanitary sewerage, as management solutions for domestic, institutional, and small commercial generators.

The Competent Authority shall issue, within a period not exceeding six (6) months from the effective date of this Regulation, a Procedures Manual for its implementation.