DOMINICAN REPUBLIC Law and Practice Contributed by: Guillermo Estrella Ramia, Yamel Llenas Lajud, Mariela Santos Jiménez and Valentina Gallo Botero, Estrella & Tupete
industrial waste. All collection, transport, treatment and final disposal activities require environmental authorisation and are subject to traceability and tech- nical oversight in accordance with regulations. The framework is reinforced by the Technical Environ- mental Regulation for the Management of Hazardous Chemical Substances and Wastes, which sets storage and disposal standards. The National Solid Waste Pol- icy promotes reduction, reuse, recycling and recovery, incorporating incentives and compliance mechanisms that support the transition towards modern and sus- tainable waste management. 15.2 Retention of Environmental Liability In the Dominican Republic, the responsibility of the waste generator or producer is not automatically extinguished upon delivery to a third party. The gen- erator retains joint and several liability for the manage- ment and final disposal of its waste until it is properly treated or eliminated in accordance with the technical standards approved by the Ministry of Environment and Natural Resources (MIMARENA). This responsibility persists even after the waste has been handed over or disposed of by a third party if the generator fails to comply with legal obligations regard- ing handling, traceability or selection of authorised managers. Liability may only be discharged if the gen- erator can document that the waste was transferred to a duly authorised operator, ensuring full traceability of transport, treatment and final disposal. If the third party breaches regulations or causes contamination, MIMARENA may extend liability to the original generator, particularly when there is an absence of valid records or management contracts. This framework embodies the Extended Producer Responsibility (EPR) principle, which holds the gener- ator accountable for the entire life cycle of the waste, even after its disposal. 15.3 Circular Economy Requirements The Dominican Law on Integrated Solid Waste Man- agement and Co-processing and its Implementing Regulation introduce the principle of Extended Pro- ducer Responsibility (EPR), under which manufactur- ers, importers and distributors must assume the envi-
ronmental management of their products once they reach the end of their life cycle. Although there is no general obligation to design prod- ucts for dismantling or recycling, the law promotes eco-design and source prevention, encouraging the manufacture of durable, reusable and recyclable prod- ucts. The Ministry of Environment and Natural Resources may require producers to recover, recycle or prop- erly dispose of products that become waste through sector-specific management plans or voluntary and regulatory agreements, particularly in sectors such as
the following: • packaging; • plastics; • used tyres; • lubricants; and • electrical or electronic equipment. In such cases, producers must:
• establish collection, return and recovery systems; • register with the National Waste Management System; and • ensure traceability of the process through to final disposal. 15.4 Rights and Obligations Applicable to Waste Operators Waste operators – including collectors, transporters, managers and co-processors – must be registered and obtain environmental authorisation from the Min- istry of Environment and Natural Resources (MIMA- RENA). They are required to comply with technical standards for storage, transport, treatment and final disposal, and to maintain traceability and periodic reporting systems. Their rights include: • participating in integrated management pro- grammes; • receiving compensation for duly authorised ser- vices; and
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