Potestad de la autoridad ambiental nacional bajo el principio de subsidiariedad para requerir destrucción de desechos peligrosos e incentivos a la iniciativa privada.

Abstract

The management of hazardous waste requires a correct articulation between environmental legal regulations and the industrial dynamics of a country. In Ecuador, the industrial dynamic has exceeded the positive environmental law in this field, which creates problems for the generators of hazardous waste, since they cannot contract authorized services for transportation, treatment, disposal or final disposal, not for costs, but because they do not exist. Among the root causes of this problem are the high costs and extensive administrative procedures that must be met by the private initiative to qualify as an environmental manager, replicating in many cases technical studies whose results have already been demonstrated by specialized international institutions. This work considers a series of modifications in this legal framework, which will allow both the State and the private sector each one in its field to develop activities that together will reduce the risk of generating environmental damage due to poor management of hazardous waste. The legal changes will allow for the private sector to include within the existing environmental incentives the issue of hazardous waste, as well as to rely on international experience that limits testing and testing for new techniques of treatment, disposal or final disposal of waste, while for the State it will be given the power to act in a subsidiary way and in a preventive or precautionary way, to define a correct management of a dangerous waste and if the case can be repeated to the person responsible for the dangerous waste.