CHILE Law and Practice Contributed by: Pablo Méndez, Christian Rojas, Pablo Neupert and Vicente Huidobro, TM Abogados
14. Asbestos and Polychlorinated Biphenyls (PCBs) 14.1 Key Policies, Principles and Laws Relating to Asbestos and PCBs Asbestos In the Chilean legal system, the use of asbestos has been prohibited since 2001 under Supreme Decree No 656/2001 of the Ministry of Health, which restricts its production, importation, distribution, sale, and use in various products and construction materials. This ban is complemented by legislation on hazardous chemi- cal substances, which regulates their handling, trans- port and final disposal (Supreme Decree No 57/2019 of the Ministry of Health). Despite the prohibition, asbestos remains present in thousands of older buildings, prompting government programmes for its removal and requiring specific pro- tocols for the identification, handling and safe man- agement of this material in replacement projects. Additionally, Supreme Decree No 148/2003, by the Ministry of Health (Sanitary Regulation on the Man- agement of Hazardous Waste), classifies PCB waste as hazardous, including it among the listed Hazardous Waste Categories (Article 18). PCBs By contrast, the use of PCBs in electrical equipment was banned in 1982 through Exempt Resolution No 610 issued by the Superintendency of Electric and Gas Services. Due to the challenges associated with their disposal, it was established that PCB stocks, as well as waste derived from electrical equipment still in operation, must be properly stored to prevent environmental contamination, with users held responsible for ensur- ing compliance. Currently, several Chilean companies – mainly in the electricity, transportation, metallurgy and mining sec- tors – still use PCB-containing equipment as coolants in transformers and capacitors, taking advantage of their resistance to flammability and high temperatures. However, all companies that continue to operate PCB- containing equipment must cease their use by 2025
and ensure their complete elimination no later than 2028. This obligation is framed within the Stockholm Convention, an international agreement signed in 2001 and in force since 2004, which Chile joined in 2005, aimed at controlling and eliminating these haz- ardous substances (Stockholm Convention, 2001). 15. Waste 15.1 Key Laws and Regulatory Controls In the Chilean Legal System, waste management is primarily governed by Law No 20,920 on Extended Producer Responsibility (the “REP Law”). This stat- ute establishes a comprehensive waste management framework aimed at reducing waste generation, pro- moting reuse and recovery, and applying the extended producer responsibility principle, under which manu- facturers and importers must take responsibility for the waste generated by their products at the end of their life cycle. The law identifies six “priority products” subject to specific collection and recovery obligations: • packaging; • tyres; • lubricating oils; • electrical and electronic equipment; • batteries; and • textiles. Producers must organise and finance waste man- agement systems, either individually or collectively, under the supervision of the Ministry of the Environ- ment (MMA). For each regulated category, the MMA issues Supreme Decrees that set binding collection, recy- cling and recovery targets as well as detailed opera- tional obligations. To date, the following decrees have been enacted: • Supreme Decree No 8/2021, on tyres; • Supreme Decree No 12/2021, on packaging; and • Supreme Decree No 47/2024, on lubricating oils.
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