ENVIRONMENTAL NORMS AND INDICATORS: FROM THEORY TO REALITY CASE STUDY FOR THE ARGENTINE REPUBLIC ON WATER AND AIR WORKING PAPER MARIA EUGENIA DI PAOLA EDITOR This study forms part of the Pilot Project for Latin America on Environmental Compliance and Enforcement Indicators in Water and Air of the World Bank Institute. In addition to FARN in Argentina, the institutions participating in this Project are the Green Planet Institute from Brazil, the Interdisciplinary Centre of Biodiversity and Environment (Ceiba) from Mexico, the Economic Commission for Latin America and the Caribbean of the United Nations Organisation (ECLAC) and the International Network for Environmental Compliance and Enforcement (INECE).

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Fundación Ambiente y Recursos Naturales Monroe 2142, 1ºB, (1428) Capital Federal, Argentina Tel/Fax: (54 11) 4783-7032 4787-3820/5919 4788-4266 (ext. 213) E-mail: medipaola@farn.org.ar Web page: www.farn.org.ar/enforcement This publication is available free of charge at: http://www.farn.org.ar/docs/libros.html © 2006 International Bank for Reconstruction and Development / WORLD BANK 1818 H Street, N.W. Washington, D.C. 20433, U.S.A. All rights reserved The results, interpretations and conclusions expressed in this study are entirely those of the author(s) and do not necessarily reflect the opinions of the members of the Board of Directors of the World Bank, or of the governments they represent. The World Bank does not guarantee the accuracy of the data in this study. The borders, colours, names and other information contained on any map in it do not reflect the Bank’s opinion on the legal status of any of the territories, or approval or acceptance of such borders. Due to the unofficial nature of this edition and to the wish to publish as rapidly as possible, the manuscript has not been revised in as much detail as would have been the case with a more official document, and the World Bank accepts no responsibility for any errors it may contain. 2006. Pages. Copy no.

FARN Working team María Eugenia Di Paola, Director of the Research and Training Area, FARN Dolores María Duverges, Researcher in Environmental Policy and Contamination, Research and Training Area, FARN Carlos Galperín, Economic Advisor Eduardo Ortiz, Technical Advisor María Esperanza Alonso, Assistant responsible for the initial institutional survey Technical revision of the document Aldo Rodríguez Salas, Professor of the Universidad del Congreso, Mendoza, Argentina

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List of acronyms and abbreviations ADA Autoridad del Agua (Water Authority) AGN Auditoria General de la Nación (National Auditor General’s Office) AIDIS Inter-American Association of Sanitary and Environmental Engineering AMBA Área Metropolitana de Buenos Aires (Metropolitan Area of Buenos Aires) ASLAC Assessment of Sustainability in Latin America and the Caribbean CAIA Comisión Asesora de Infracciones Ambientales (Advisory Committee on Environmental

Offences) COFEMA Consejo Federal de Medio Ambiente (Federal Environment Council) COHIFE Consejo Hídrico Federal (Federal Water Council) CNRT Comisión National de Regulación del Transporte (National Commission on Transport

Regulation) DPN Defensor del Pueblo de la Nación (National Ombudsman) DPyGC Dirección de Prevención y Gestión de la Contaminación (Directorate of Pollution

Prevention and Management) DIA Dirección de Infracciones Ambientales de la SAyDS (Directorate of Environmental Offences) DPT Dirección Provincial de Transporte (Provincial Directorate of Transport) ECE Environmental Enforcement and Compliance ECLAC Economic Commission for Latin America and the Caribbean EIA Environmental Impact Assessment EIS Environmental Impact Statement ENOHSA Ente Nacional de Obras Hídricas y Saneamiento (National Entity for Water Works and

Treatment) ETOSS Ente Tripartito de Obras y Servicios Sanitarios (Tripartite Entity for Sanitary Works and

Services) EPA Environmental Protection Agency FREPLATA Comisión Administradora del Río de la Plata – Comisión Técnica Mixta del Frente

Marítimo – Proyecto “Protección Ambiental del Río de la Plata y su Frente Marítimo” (Administration Committee for the River Plate)

GEO Global Environment Outlook HDI Human Development Index INA Instituto National del Agua (National Water Institute) INDEC Instituto National de Estadísticas y Censo (National Institute of Statistics and Censuses) INECE International Network for Environmental Compliance and Enforcement INQUIMAE Instituto de Química – Física de los Materiales, Medio Ambiente y Energía

(Chemical-Physical Institute of Materials, Environment and Energy) INTI Instituto National de Tecnología Industrial IWA International Water Association JICA Japan International Cooperation Agency LGA Ley General del Ambiente (General Law of the Environment) LGAA Ley de Gestión Ambiental de las Aguas (Law of Environmental Water Management) LRI Ley de Residuos Industriales (Law of Industrial Waste) LRP Ley de Residuos Peligrosos (Law of Hazardous Waste) MI Management Indicators MRECIC Ministerio de Relaciones Exteriores, Comercio Internacional y Culto (Ministry of

Foreign Affairs, International Trade and Worship) MSyA Ministerio de Salud y Ambiente de la Nación (Argentine Ministry of Health and

Environment) NC National Constitution OECD Organisation of Economic Cooperation and Development

OSN Obras Sanitarias de la Nación (National Water Company) RAFAM Reform of Financial Municipal Administration in the Province of Buenos Aires. SAyDS Secretaría de Ambiente y Desarrollo Sustentable de la Nación (Argentine Secretariat of

Environment and Sustainable Development) SIDSA Sistema de Indicadores de Desarrollo Sostenible para Argentina (Indicator System for

Sustainable Development for Argentina) SIGEN Sindicatura General de la Nación (National Comptroller General’s Office) SPA Secretaría de Política Ambiental (Secretariat of Environmental Policy) SRHN Subsecretaría de Recursos Hídricos de la Nación (Argentine Undersecretary of Water

Resources) TAI The Access Initiative UBA University of Buenos Aires UIA Unión Industrial Argentina UIPBA Unión Industrial Provincia de Buenos Aires UNEP United Nations Environment Programme UNO United Nations Organisation USEPA United States Environmental Protection Agency WRI World Resources Institute

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I. Introduction Environmental compliance and enforcement are practical concepts based on an analysis of the implementation of the law. However, certain elements are essential when assessing that reality. The need for indicators to allow an evaluation of environmental compliance and enforcement, and possible trends in improving them, responds to that fact. An indicator is an evaluation and management tool which is used for strengthening programs and/or activities of environmental compliance and enforcement. Compliance and enforcement indicators help evaluate the degree of environmental enforcement, and measure the level of compliance with those regulations by the regulated community.1 The aim of this project is to identify and analyse environmental compliance and enforcement indicators in questions of water and air so as to determine which needs and aspects are core in building a system of such indicators from an interdisciplinary point of view that brings together environmental management and legal and economic aspects. The research carried out in the Argentine Republic forms part of the Pilot Project for Latin America on Indicators of Environmental Compliance and Enforcement in Air and Water, an initiative of the World Bank Institute. In addition to FARN in Argentina, the following institutions took part in this project: the Institute for a Green Planet from Brazil, the Interdisciplinary Centre of Biodiversity and Environment (Ceiba) from Mexico, the Economic Commission for Latin America and the Caribbean of the United Nations Organisation (ECLAC) and the International Network for Environmental Compliance and Enforcement (INECE). This study specifically aims to reveal the situation of environmental compliance and enforcement (ECE) indicators in air and water, and propose recommendations for improvements in Argentina. Therefore, research at national, provincial and municipal levels was undertaken together with a pilot project in the Municipal District of Morón. The District of Morón in the Province of Buenos Aires was chosen for a variety of factors, the most important of which are the following: 1) Jurisdiction in questions of water and air converge at three levels, namely: Nation, Province of Buenos Aires, and Municipal District of Morón. An analysis of indicators in the three jurisdictions

1 The need for indicators was identified at the 1st International Conference on Environmental Compliance and Enforcement in Latin America, held on 28-29 May 2002. Organised by FARN, with the support of the World Bank Institute and the Government of the Kingdom of the Netherlands, it was preceded by a preparatory electronic dialogue. The Conference was backed by the following institutions: Consejo Empresario Argentino para el Desarrollo Sostenible (CEADS), Comisión de Ecología y Desarrollo Humano de la Cámara de Senadores de la Nación, Comisión de Recursos Naturales y Conservación del Ambiente Humano de la Cámara de Diputados de la Nación, International Network for Environmental Compliance and Enforcement (INECE), Instituto o Direito por um Planeta Verde, IUCN Environmental Law Programme, Information and Cultural Section of the Embassy of the United States, Secretaría de Ambiente y Desarrollo Sustentable de la Nación, Secretaría de Medio Ambiente y Planeamiento Urbano del G.C.B.A., Sociedad Boliviana de Derecho, Ambiental, Sociedad Peruana de Derecho Ambiental (SPDA). Further information at: http://www.farn.org.ar/investigacion/enforcement/conferencia.html The subject was deemed to be of great importance by the Symposium of Judges and Prosecutors of Latin América - Environmental Compliance and Enforcement, held on 23-24 September 2003. Organising Committee – Executive Group: FARN, WBI, UNEP and the Instituto o Direito por um Planeta Verde. Organising Committee – Advisory Group: INECE (International Network for Environmental Compliance and Enforcement), Sociedad Peruana de Derecho Ambiental, IUCN, ECLAC, FIMA, IDEA. Further information at: http://www.farn.org.ar/investigacion/enforcement/simposio.html

and the interaction between them are crucial in a country organised along federal lines, like the Argentine Republic. 2) The Mayor of the Municipal District of Morón was particularly interested in the project, to such an extent that he signed an agreement on joint action between the Municipal District and FARN.2 The areas of study chosen, i.e. water and air, offer especially significant characteristics. They are both assets of common entitlement form part of the environment and recognise no jurisdictional barriers. They not only have value for the population and its development but are also the effect of activities, and the control over them, in aspects related to water and air in a territory, and may have a marked influence in other spheres, such as district, province and nation. Another particularly important aspect concerns the monitoring of public utility service providers in the areas of air and water. In the latter case, a peculiar situation arises involving the cancellation of public service concessions contracts. However, this will not impair the usefulness of the analysis of existing indicators made before the end of the contract by reason of the future needs of the legal-institutional system.3 The methodology used to carry out this investigation was developed on the basis of the document of the INECE group of experts4, and has been complemented and perfected with the experience acquired in the question of indicators by the World Bank, ECLAC5, OECD6, the project on indicators of access to public information and public participation by FARN7, the contributions

2 Cooperation and Complementation Agreement between the Municipal District of Morón and the Fundación Ambiente y Recursos Naturales (FARN) in which the parties undertake to collaborate in the realisation of common tasks and objectives in defence of the right to health, the environment and the quality of life of the inhabitants of Morón. It was signed in the Municipality on 26/05/2004. The project on ECE indicators in water and air is being conducted under this agreement. 3 On 9 September 2005, the Suez company (Aguas Argentina S.A.) decided that it would leave the country, and on 21 March 2006 (B.O. 22/03/2006), the National Executive Power cancelled the respective concession contract, placing the balme on the concession holder, and created Agua y Saneamientos Argentinos S.A., within the Secretariat of Public Works of the Ministry of Federal Planning, Public Investment and Services, for the provision of the service. 4 See Working Document: INECE-OECD (22 October 2003) Workshop on Environmental Compliance and Enforcement Indicators: Measuring What Matters. Paris, France. Prepared by the INECE group of experts on ECE indicators. Available at: http://inece.org/IndBackPaper.pdf 5 See ECLAC (2001). Report from the Seminar on Sustainable Development Indicators in Latin America and the Caribbean, Santiago, Chile; OECD Environmental Indicators, 2001: Towards Sustainable Development http://www.oecd.org/env; United Nations Commission on Sustainable Development, 2001, Indicators of Sustainable Development: Guidelines and Methodologies: http://www.un.org/esa/sustdev/program.htm (29-30 September 2001); Shyamsundar, Priya. (January 2002). Poverty – Environment Indicators. Environment Department Papers. Paper No. 84. Toward environmentally and socially sustainable development. Environmental Economic Series. The World Bank; Henninger, Norbert & Hammond, Allen. January 2002); Environment strategy papers. Environmental indicators relevant to poverty reduction. Strategy Series. Number 3. Washington D.C. The World Bank Environment Department; Performance Monitoring Indicator Handbook. World Bank Technical Paper. No. 334; Millennium Development Goals. From World Development Indicators 2002. WB. 6 OECD (2003) Measuring What Matters. Proceedings from the INECE-OECD Workshop on Environmental Compliance and Enforcement Indicators 3-4 November 2003 Headquarters, Paris, France. Discussion Paper - INECE-OECD Workshop on Environmental Compliance and Enforcement Indicators: Measuring What Matters, prepared by INECE Expert Working Group on Environmental Compliance and Enforcement Indicators. Indicators to measure decoupling of environmental pressure from economic growth. Sustainable Development (2002). OECD Environmental Indicators. Development, measurement and use (2003). Reference paper. Aggregated environmental indices. Review of aggregation methodologies in use (2002). OECD Indicators for the integration of environment concerns into transport policies (1999). OECD Series on environmental indicators. Working Group on Environmental Information and Outlooks. Pollution abatement and control expenditure in OECD countries (2003). OECD. Guiding Principles for Reform of Environmental Enforcement Authorities in Transition Economies of Eastern Europe, Caucasus and Central Asia. Environment. OECD, 2003. 7 FARN, Nápoli, Andrés (ed) (2006). "Acceso a la Información y Participación Pública en materia ambiental". "Actualidad del Principio 10 en la Argentina".

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made by Dr. Michael Stahl8, the efforts of the working teams in Brazil and Mexico, and the development of their own team of researchers and workshops.9 This document first considers the context of its creation and development, and secondly the methodology chosen. It also refers in general to the state of the art in matters of environmental indicators in the Argentine Republic, and addresses the methodological evolution of their analysis, the regulatory context and institutional legal study of the topic, as well as an economic and technical analysis. It then deals in detail with the chosen indicators, on whose development the three points of view present in the study are based, namely, the technical aspects and environmental management, the economic, and the legal-institutional perspectives. It ends with the conclusions and recommendations arising out of the research.

8 In mid-September we received the visit of Mr. Michael Stahl, Director of the Office of Compliance of the US Environmental Protection Agency and member of the group of experts on ECE indicators from the International Network for Environmental Compliance and Enforcement (INECE), under the Visitors Programme of the US Embassy in Argentina. For further information on the visit see: http://www.farn.org.ar/eventos/040913.html. Stahl, M (2004). Performance Indicators for Environmental Compliance and Enforcement Programs: the US EPA Experience. Available at: www.inece.org/forumsindicators.html (visited 05/04/2005) 9 See reference to the interviews and workshops in this document. Points 4 (Workshops) and 5 (Interviews) in chapter 4.

2. Methodological Context 1. Definitions In order to give this document a methodological context, it is fundamental to understand the concept of ECE indicators and how they relate to sustainability indicators. We thus consider it necessary to begin by defining an indicator as a quantitative or qualitative measure that is used to reveal changes and simplify information on reality which can help to understand and appraise complex phenomena.10

In defining ECE indicators, we speak of a direct relationship with its finality, since they aim both to evaluate programs of environmental compliance and enforcement and to measure the community’s compliance with regulations. These indicators will allow the environmental authority to analyse its performance while assessing the effectiveness of the tools and strategies designed to achieve the proposed objectives. The authority may use its resources more efficiently, either by assigning them to activities that can produce results or by withholding them from those areas not producing results.11 What is the relationship between ECE indicators and sustainability indicators? Sustainability indicators are a system of signals facilitating evaluation of the progress made by countries and regions in achieving sustainable development. They are specific tools with which to assess public policies, and to strengthen decisions and public participation.12 Basic institutional aspects involving ECE indicators are considered in the framework of this type of indicator. 2. Methodological classification The INECE classification of ECE indicators has been particularly useful in this investigation. It pursues a logic that is related to the performance and effect of activities realized when executing laws. It identifies indicators from the very creation of the measures applied by the state, and by means of input indicators analyses the resources that serve the authority as a basis to accomplish its functions and objectives. Then, by means of output indicators, it addresses the output data from the system that refer to the product obtained as a result of those activities, considering for example the number of control or promotion tasks of compliance carried out. Continuing the analysis of the effects caused by these activities, the classification establishes categories of outcome indicators that include immediate and intermediate outcome indicators on the effects caused in the short and medium term by output indicators, as well as final outcome indicators on environmental quality.

10 Definition that considers as a source the INECE Indicators Forum: www.inece.org. and the definition of the United Nations Population Fund and EEA glossary: http://glossary.eea.eu.int/EEAGlossary/ 11 Stahl, Michael M. (April 15, 2002). Performance Indicators for Environmental Compliance and Enforcement Programs: The US EPA Experience. 12 See ECLAC, UN. (2003) Assessment of Sustainability in Latin America and the Caribbean – Consultation meeting on sustainable development indicators for the countries of Latin America and the Caribbean. Santiago de Chile, 7-10 October 2003. See also the focus on institutional aspects in The World Bank Environment Department. Segnestan, Lisa (1999) Environmental Performance Indicators. Page 23.

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Input indicators

Immediate and intermediate

outcome indicators

Final oiutcome (environmental)

indicators

Output indicators

-Variation in air and water quality - Impact in human health - Variation in environmental impact

- Investment in clean technologies - Improved information systems

- Register of emitters - Number of sanctions - Amount collected in fines

- Staff - Training - Budget

ENVIRONMENTALCOMPLIANCE AND

ENFORCEMENT INDICATORS

Source: Chart prepared by Di Paola, María Eugenia (2004) on the basis of information published by INECE in the document “Measuring What Matters,” Paris, INECE. (22 October 2003)”. This journey, from creation to the true impact of monitoring, is related to the concepts of effectiveness and efficiency of a rule. A rule can be said to be not only effective but also efficient since its enforcement can produce positive environmental change. That is, when the activity of the control body executing that rule extends not merely to a request for a permit but also to improvements in the quality of either water or air.13

An indicator does not provide a magical solution in analyzing an activity. However, if combined with different variables within the framework of a logic of creation, development and finality of the tasks and activities of implementing environmental regulations, it can be particularly useful in perfecting them. 3. Benefits of the indicators It is necessary to bear in mind the use of these indicators in the administrative management of the state and their enforcement by society, considering the following characteristics:

• They are objective tools of analysis of the environmental compliance and enforcement programs and activities.

• They benefit the functionary in the improvement of his management system, since they can

provide data for evaluation and the perfecting of the system.

13 Quoted in Di Paola, María Eugenia. (2002) Hacia la construcción de un programa de aplicación y cumplimiento de la normativa ambiental en América Latina. Note 5 p. 20. Buenos Aires: FARN. Publication of the First Internacional Conference on Environmental Compliance and Enforcement. 28-29 May 2002. “Esquivel, J. (1972) Bibliographic Note from Foundations of Jurisprudence by Jerome Hall, Critique vol. VI, no. 16-17, pp 139-142. The efficiency of a legal rule implies attaining the object, purpose or end of a legal rule or law. This notion is different to that of effectiveness. A law can be effective (have effectiveness), i.e. be obeyed by the subjects of it, without its object having been attained.”

• They grant transparency to the management system enforced by the Executive Power in

relation to other organs of state and to civil society.

• They are useful tools in updating environmental regulations on the basis of an analysis of their enforcement, both for the Legislative and the Executive branches.

• They provide objective elements for budgetary assessment and accountability of the

Executive to the Legislature.14 ECE indicators are thus a positive contribution to various social stakeholders, such as the state bodies in charge of directly executing the regulations. These bodies make up one or more areas of the administration with environmental interests and benefit from the use of the indicators in an impartial analysis that can help them perfect performance. They also help entities with transversal responsibilities, whose function is to strengthen the governance of the system by way of tasks that tend to enforce regulations, either because of their jurisdiction in exercising the control of the state (e.g. National Auditor General, National Comptroller General and Ombudsman), as well as in the international community (e.g. Foreign Ministry), since they may have objective elements to accomplish their mission. Similarly, ECE indicators can contribute to the work of the public or private bodies whose real or potential finality is to provide technical or academic advice and which may have a role as support entities for the performance of the functions both of the enforcement bodies as well as of bodies with transversal responsibilities. Civil society is also an important beneficiary, since it includes various social stakeholders, namely citizens in general, and non-governmental organisations defending certain interests, base and intermediate organisations, and churches of different creeds. The transparency granted to the system by the definition and utilisation of indicators of this kind favours access and the relation of civil society with administrative power, both as regards access to information and in fostering citizens’ participation in environmental control.15 The private sector is another field favoured by the existence and use of ECE indicators, considering the regulated community’s need for clear common rules. This sector comprises the small, medium and large companies which provide services directly to the community, or the state and the community simultaneously, through the concession of public services, and the associations and chambers that bring companies together.

14 Stahl, M (2004). Performance Indicators for Environmental Compliance and Enforcement Programs: the US EPA Experience. Available at: www.inece.org/forumsindicators.html (visited 05/04/2005). 15 An example of what we have been saying is the case of the US Environmental Protection Agency (EPA) whose information on its web page: www.epa.gov/indicators/abouteii.htm (visited 05/04/2005) grants transparency to the system and encourages citizens to exercise control in this respect.

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4. Development of the methodology 1. Geographical Area As mentioned above, the geographical area of the investigation is the Municipal District of Morón. In 2004, Argentina had a gross domestic product (GDP) of 447 billion pesos, according to INDEC estimates which, at the March 2006 exchange rate of $3.05 / USD, was equivalent to 147 billion dollars. In economic terms the Province of Buenos Aires is the largest in the country accounting for around 32% of total GDP.16

Another form of appreciating the importance of the districts studied is by referring to population. According to the 2001 census, Argentina had 36,260,130 inhabitants, of which 13,827,203, or 38.13% of the total, were in the Province of Buenos Aires. With 309,380 inhabitants, the District of Morón had 0.85% of the population of the country and 2.24% of the population of the province. Another indicator to help place Argentina in its social context is the Human Development Index (HDI) as calculated by the United Nations Development Programme. This index indicates the relative location of the country in the world table in terms of life expectancy at birth, level of education and GDP per capita. The HDI for 2005 placed Argentina in 34th position among the 177 countries in the world included in the index, a similar position to the one held in 2002 and 2000. The index is calculated on the basis of several indicators, among which are healthy life expectancy, literacy, schooling and per capita income.17

16 There are no GDP estimates for the district of Morón. 17 Source: http://hdr.undp.org/reports/global/2004/espanol/pdf/hdr04_sp_HDI.pdf

Geographical location of the Federal Capital and the Province of Buenos Aires

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Geographical location of the Municipal District of Morón

Description of the socio-economic medium18

Morón is a predominantly urban municipal district with a high population density of 6,392 inhabitants per km². Its age distribution percentages are as follows: 64.1% of the population are aged from 15 to 64, 25.9% are under 14, and 10% are over 64 years of age, while the economically active population totals 154,440 inhabitants, or 43.5% of the total.19

In view of these percentages the District of Morón can be said to have a high percentage of young population and a very high economically active population. The number of housing units is estimated at approximately 114,000 with average occupation of 3.12 inhabitants. Its surface area of 55.6 km² is divided into 3,597 blocks. The district comprises the following localities20: Castelar (114,050 inhabitants), El Palomar (70,583 inhabs.), Haedo (44,497 inhabs.), Morón (104,845 inhabs.) and Villa Sarmiento (21,432 inhabs.). Infrastructure of the Municipal District of Morón The table below shows the infrastructure of the Municipal District of Morón and the relevant percentages of population.

GAS 98% use natural gas

18 Polverini, Edith C. (2004). Towards integral management of urban solid waste – Case study: Possibilities and limitations for the implementation of an integral management plan for urban solid waste in the Municipal District of Morón. Dissertation - Specialisation Course in Metropolitan Environmental Management (FADU-UBA). 19 Polverini, Edith C. (2004). Op. Cit. 20 Polverini Edith C. (2004) Op. Cit. Number of inhabitants per locality from the 2001 census.

SEWERS 47% are linked to main sewerage

RUNNING WATER 73% have running water

ELECTRICITY 100% have electricity

ASPHALT 95% of the streets in Morón are asphalted

Source: Polverini, Edith C. (December 2004). Towards integral management of urban solid waste – Case study: Possibilities and limitations for the implementation of an integral management plan for urban solid waste in the Municipal District of Morón. Dissertation - Specialisation Course in Metropolitan Environmental Management (FADU-UBA). It should be stressed that the elected government in the District of Morón was born out of a Neighbourhood Association created within the district, which differs from the traditional political parties of the Argentine Republic. The district is also part of the Zero Discretionality Programme that aims to develop transparency and public participation policies.21 Despite the geographical focus on the District of Morón, it is important to bear in mind that this study covers aspects that have meant analyzing competences in matters of water and air both in the Province of Buenos Aires and nationally, as below. 2. Experience and particularities of the investigation The pilot experiment has various purposes, including an analysis of the current scenario with a view to studying whether indicators in the districts studied currently exist, their level of use and recommendations for better future use. The period of time considered for the analysis of existing documentation was 5 years considered retroactively. One of the main challenges of the project was to overcome a frequent obstacle, which is the divergence of criteria between technical and political functionaries of the public institutions interested in the question of ECE indicators and concerning the availability of information for the pilot experiment. Mention should thus be made of the role in this study of the following public institutions, which showed clear convergence between their management and technical bodies: the Municipal District of Morón, the AGN, the SIGEN and the National Ombudsman’s Office. Consequently, the investigation, which was carried out by means of workshops, interviews and documentary surveys, began at the end of 2003 and concluded in April 2005, as a result not only of the novel nature of the topic and the analysis it required, but also of the difficulties in gaining access to information in certain spheres. The documentary study revealed inconsistent development at the different jurisdictional levels that concern the authorities responsible for the direct enforcement of regulations. Therefore, as mentioned above, in the District of Morón a study was carried out together with public municipal stakeholders and also with civil society organisations. From the Province of Buenos Aires (SPA, ADA) no formal response was obtained and consultations took place with members of the

21 This programme is carried out together with Fundación Poder Ciudadano. Further information at: http://www.moron.gov.ar/discrecionalidadCero.html (visited 05/04/2005)

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Permanent Review Committee in matters of air22 and with academics in the field of water with a view to studying related information. On behalf of the Argentine Secretariat of Environment and Sustainable Development, a request was made for the presentation of written requests for information, a general workshop was held, and in a second instance a specific workshop was organised on the subject of water.23 Nevertheless, and in particular reference to the written presentation, delays by the entity in responding reveal the existing difficulty in appropriation by the authorities of this tool that can make a clear contribution to improving management.24

3. Workshops During the study nine workshops were held. They were exercises in awareness-raising on the importance of the topic and were channels for the exchange of information between the various stakeholders. Below is a list of the workshops organised: 1- National workshop on Environmental Compliance and Enforcement Indicators for Argentina – Water and Air. Held on 20 May 2004 in the Argentine Secretariat of Environment and Sustainable Development, City of Buenos Aires, it aimed to provide a more in-depth analysis of the subject and to formulate proposals that could be used by the various stakeholders in the community, e.g. authorities, regulated community, civil society and academic sector as tools to measure the state of development and environmental implementation, as well as the involvement of society in environmental decision-making. Its appeal was multisectorial, invitations were sent out to the government sector (at national, provincial and municipal levels), to control bodies, to the private sector (public service concession holders and industrial chambers), academic sector and civil society (non-governmental organisations).25

2- Workshop on Environmental Compliance and Enforcement Indicators in Argentina –Water and Air- held on 26 May 2004 at the Morón City Council, Province of Buenos Aires. At this meeting a Cooperation and Complementation Agreement was signed between FARN and the city council. After the formal ceremony, the workshop took place with the research team and municipal public officials being guided by a base document. 3- Conference by Dr. Michael Stahl, Director of the Compliance Office of the US Environmental Protection Agency on Function of the Performance Indicators of the Programs of Environmental Compliance and Enforcement: Basic concepts and practices. Held on 13 September 2004 at the

22 Created by the Province of Buenos Aires Decree N° 3395/96. Text available at: www.spa.gba.gov.ar/Leyes/gaseosos/Leyes%20y%20Decrees/dec3395.html 23 It was necessary to resort to the information request procedure under the terms of Law Nº 25,831 on Access to Public Environmental Information (LAIPA) in order to gain access to the available information on indicators. The request was made on 29 March 2004. 24 A reply was received from the National Environmental Authority on 9 November. The maximum period of 30 working days under art. 8 of the Access to Public Environmental Information Law had been exceeded by 5 months 27 days. 25 Present: Guillermo Acuña, ECLAC, United Nations; Nelso Albiano, Hospital de Niños “R. Gutierrez”; Carolina Alterini, SAyDS; Mora Arauz, Fundación Ciudad; Gisell Berté, IRAM; Cecilia Beuret, ENRE; Andrea Brusco, SayDS ; Eduardo Cáneva, SayDS ; Hernán Carlino, SAyDS; Leonardo De Benedictis, CEADS, Repsol YPF; Ernesto De Titto, MSyA; Alberto Derlindati, Departamento. Salud Ambiental, MSyA; María Inés Duaygués, SAyDS; Raúl Estrada, MRECIC; Gustavo Falcón, Aguas Argentinas S.A.; María Elena Faure, ENOHSA; Marcela A. Ferreyra, Aguas Argentinas S.A; Saúl Flores, MSyA; Andrea Gainza, AGN; Mariana García Torres, National Ombudsman; Nélida Harracá, SAyDS; Miguel A. Hildmann, MRECIC; Paula Isla, Aguas Argentinas; David Kullock, SAyDS; Carlos H. Lacoste, SAyDS; Natalia Machain, FARN; Jorge Minputt, UIA; Andrés Nystorowycz, AGN; Analía Beatriz Oviña, Repsol YPF, Adriana Piffaretti, AGN; María del R. Ponce, Morón City Council; María Verónica Reguero, Edesur S.A.; María Cecilia Rodríguez, AGN; María Rossi, SAyDS; Ricardo Roizen, INA; Cristina Sabalain, INDEC; Bettina Schreck, Repsol YPF; Lucila Serra, SAyDS; Analía Sahaniuk, FARN.

Environment and Sustainable Development Secretariat (SAyDS), Argentine Ministry of Health and Environment, the event was organised by FARN with the support of the Embassy of the United States of America and the sponsorship of the SAyDS. It was attended by 35 persons from the government, private, academic and non-government sectors involved in the project on ECE Indicators for Argentina - Water and Air. Dr. Michael Stahl was invited under the visitors’ programme of the Embassy of the United States of America. 4- Presentations by Dr. Michael Stahl on Function of Performance Indicators in Programs of Environmental Compliance and Enforcement: Basic concepts and practices, to the Secretary of Environment Policy of the Province of Buenos Aires, Lic. Jorge Etcharrán, and to the Commission of Environment and Sustainable Development of the Honourable Senate of Argentina and the Commission of Natural Resources and Conservation of the Human Environment of the Honourable Senate of Argentina. Held on 14 September 2004, together with the work team of FARN. 5- Workshop on Environmental Compliance and Enforcement Indicators in relation to water, with officials from the SAyDS. Held on 22 February 2005 in the City of Buenos Aires.26

6- Workshop on Environmental Compliance and Enforcement Indicators on gas emissions in random traffic checks. Held on 24 February 2005 with officials from Morón City Council.27

7- Workshop on Indicators of Environmental Compliance and Enforcement on water in areas served by Aguas Argentinas S.A., as well as in areas not served, with officials from Morón City Council. Held on 9 March 2005.28

8- Workshop on Environmental Compliance and Enforcement Indicators on water with Aguas Argentinas S.A. held on 10 March 2005 at the FARN offices, City of Buenos Aires.29

9- Workshop on Indicators of Environmental Compliance and Enforcement on emissions from vehicles carrying out interjurisdictional and international cargo and passenger transport, held on 11 March at the National Commission on Transport Regulation (Comisión National de Regulación del Transporte, CNRT), City of Buenos Aires.30

4. Interviews In order to identify and study indicators, interviews were held with: 1) National government bodies with direct responsibility in matters of water and air: the DPyGC of the SAyDS, SRHN, ETOSS, ENOHSA and the CNRT; provincial bodies: SPA, DPT; and at municipal level: Morón City Council in general, Directorate of Authorisations, Secretariat of Infrastructure, Directorate of 26 Present: Dr. Maria Inés Duaygues, Director of the DIA, Ing. Carlos Arselli, Director of the DPyCC, SAyDS, Ing. Patricia Maccagno, Indicators of Sustainability, SayDS, Dr. Silvana Terzi, Directorate of Environmental Promotion and Sustainable Development, SAyDS, and the FARN research team. 27 Present: Dr. Javier Báez, Coordinador del Departamento de Transporte, Lic. Alejandro Frezzia, Coordinador de la Dirección de Tránsito y Transporte, Arq. Edith Polverini, Environmental Coordinator, District of Morón, and the FARN research team. 28 Present: Agr. Jorge Cavallaro, Head of Department of Authorisations, Sergio Zurano, Undersecretary of Modernisation and Transparency, Arq. Edith Polverini, Environmental Coordinator, Arq. Aquino, Infrastructure, Ing. Roberto Gallo, Directorate of Industry of the District of Morón, and the FARN research team. 29 Present: Arq. Gustavo Falcón, Environment and Urban Development Manager, Aguas Argentinas S.A., Dr. Mirta Mobilio, Aguas Argentinas S.A. and the FARN research team. 30 Present: Ing. Roberto Domecq, Assistant Director of Inspection and Supervision of Services, CNRT, and the FARN research team.

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Environmental Coordination, Directorate of Industry, Directorate of Traffic and Transport; 2) National bodies with transversal responsibilities: National Ombudsman (DPN), AGN, SIGEN, MSyA, and the Foreign Ministry; 3) Technical and academic support bodies: INDEC, INTI, INA, FREPLATA, and INQUIMAE; 4) Civil Society: AIDIS, Residents’ Association of Castelar, interested residents; 5) Private sector: national public utility concession holders: Aguas Argentinas S.A., and at municipal level: Applus Argentina S.A; and 6) Industrial establishment chambers at national level (UIA) and at provincial level (UIPBA) (see Appendix). The basic form used in the interviews contained questions on aspects of applicable regulations as well as of the study of input, output and outcome indicators. At the end it considers what trend emerges and whether the interviewee is interested in developing indicators or a system that brings them together. On the basis of this survey a series of indicators were identified. They are included in the following graphics and reveal that a low number of final outcome indicators were studied.

5 Indicators surveyed:

(a) Water For water, the identification of indicators fell as progress was made in the survey, with a higher number of input indicators and a lower number of output, intermediate and final result indicators.

0

1020

3040

5060

7080

90

Inputs Outputs Intermediateoutcome

Final outcome

ECE water indicators identified

YesNo

Source: FARN 2005. Question: Do ECE indicators exist for water?

20 FARN

The study of each type of indicator for water appears below, with reference to sources.

Source: FARN 2005.

Source: FARN 2005.

22 FARN

Source: FARN 2005.

(b) Air

Although there are similarities in the identification of the indicators studied for air, the decrease in the final outcome indicators for water, in comparison with the other indicators, is even more pronounced, as shown below.

0

20

40

60

80

100

Inputs Outputs Intermediateoutcome

Final outcome

ECE AIR INDICATORS IDENTIFIED

YesNo

Source: FARN 2005. Question: Do ECE indicators exist for air?

24 FARN

Source: FARN 2005.

Source: FARN 2005.

26 FARN

Source: FARN 2005.

Comments on the interviews and workshops The degree to which the different agencies and sectors contributed information in the interviews and workshops varied considerably. Nevertheless, the following important information sources on specific indicators deserve to be mentioned:

• For air, the CNRT provided a considerable amount of information on specific indicators, namely: input, output, intermediate and final outcome, plus a large amount of information that can be used as a base for the preparation of other indicators.31

• For water, Aguas Argentinas S.A. supplied further information on intermediate and final

outcome indicators. Similarly, ETOSS also provided a large amount of information on specific indicators, namely input, output, intermediate and final outcome, as well as information that can be used for the preparation of other indicators.32

• As regards the audits of direct enforcement bodies with interest in water and air, both in the

AGN and in the SIGEN, information of interest in the subject was identified thanks to its reports. In the case of the AGN, input, output, intermediate and, in some cases, final outcome indicators were studied. Input and output indicators were identified from the SIGEN reports.

Documentary survey The analysis of international documents focused on the survey of experiences of international agencies and sectors and of other countries that have implemented or are implementing projects on ECE indicators and similar issues. In Argentina, and principally in the districts involved in the pilot experiment, a diagnosis was made of regulations, reports on management, budget, programming, case law, doctrinaire and academic articles, as well as the technical documentation available. Thematic justification Both water and air are resources of common entitlement, and therefore the aspects linked to access are especially important. Due to their physical-chemical characteristics, they are receptor bodies for various industrial or service activities, whose consequences very often go beyond geographical limits and involve the intervention of more than one government authority.33

Water We can consider various aspects on water management, access to drinking water and a sewerage service, monitoring of activities subject to concessions and those that have an impact on water quality, and the coordination of activities between competent authorities.

31 For further information see chapter on selected indicators VIII 32 For further information see chapter on selected indicators VIII 33 Di Paola, María Eugenia (2000). La preservation, la mejora de la calidad del aire y la sustentabilidad. Ch. 6 (from p. 279). In Ambiente, Derecho y Sustentabilidad. Juan Rodrigo Walsh, (ed.). Buenos Aires: La Ley.

28 FARN

Worldwide, a billion people have to drink unsanitary water, while 40% of humankind (roughly 2.5 billion people) lacks adequate sanitation services. In Latin America, only 14% of sewage is treated in some way. 34

According to the latest census, in Argentina 7,760,803 inhabitants (21.6%) lack adequate safe water supply systems35, while 57.5% (20,654,920) have no sewerage services36. The contamination of underground waters also exacerbates the risks to health, since 28% of homes use this water supply as they lack a connection to a water supply37. The problem is even more serious in Greater Buenos Aires, where 3.5 million people lack running water at home38. The pollution of coastal and river waters also reflects a crisis situation in the country, and fundamentally in the Buenos Aires Metropolitan Area (AMBA).39 Among the important problems concerning water in the study area, the most serious are:

• Overlap of regulations and jurisdictions between authorities in application and lack of recognition of municipal autonomy. Various national and provincial regulations are applicable in the study area that has varying values of water quality, with different control authorities, i.e. provincial and national (DPyGC of the SAyDS and ADA in the Province of Buenos Aires). In addition, the role of the City Council is not recognised as being sufficiently far-reaching in the Provincial Constitution.

• Need to expand the drinking water and sewage network. The area covered by the drinking

water and sewage service awarded in concession to a private company (Aguas Argentinas S.A.) comprises part of the District of Morón. However, both networks need to be expanded. For this reason, within the District of Morón there currently coexists an area covered by the company and another which is not. In fact, on 9 September 2005, the Suez company (Aguas Argentina S.A.) decided to leave the country and, on 21 March 2006, the National Executive Power cancelled the concession contract claiming that the concession holder had failed to comply with its contractual obligations.40 Agua y Saneamientos Argentinos S.A. was created within the Secretariat of Public Works in the Ministry of Federal Planning, Public Investment and Services to provide the service.41

• Need for sewage treatment. Sewage from Morón is dumped untreated into the River Plate,

along with that from other districts of the Province of Buenos Aires.

• Rise in the water tables. The water tables in Morón, as in other districts of Buenos Aires Province, have risen. This has caused a particularly serious problem of floods, contaminated

34 Quoted by Perpiñal, Daniel & Vezzulla, Juan Martín. (2005). La protección del agua y el derecho a un ambiente sano Un caso emblemático: Municipalidad de Berazategui. Suplemento de Derecho Ambiental, Revista La Ley, 11 May 2005.35 Taken from the article published in the Clarín newspaper on 22/03/2005 under the title “A sixth of the world’s population has no drinking water – UN Report on World Water Day”. 36 A clear example is the situation of the area of the Matanza Riachuelo Basin, where 55% of the population has no sewerage services and 35% lack access to drinking water. 37 Cf. World Bank. Geography Department I The Latin América and Caribbean Regional Office. (1995). Environmental Pollution in Argentina. Problem and Options. Volume II: Technical Report. p. 8. Quoted by Perpiñal & Vezzulla (2005). 38 National Auditor General. Investigaciòn y Análisis de los antecedentes de la Problemática del Agua Subterránea en el Área Metropolitana. Informes y Estudios sobre la Problemática del Agua. Technical Document Nº12. Buenos Aires, 1997, p. 9). Quoted by Perpiñal y Vezzulla (2005). 39 The state company in charge of the service until its privatisation, Obras Sanitarias, had estimated that 2.2 million m³ per day of untreated sewage and 1.9 million m³ per day of waste flow from the AMBA to the River Plate. Di Paola, Maria Eugenia and Nápoli, András (1999) “Calidad del Agua” – Programa Buenos Aires Sustentable, Publication FARN. 40 Decree 303/2006 B.O. 22/03/06. 41 Decree 304/2006 B.O. 22/03/06.

water and problems in public and private structures (e.g. cracks in road surfaces, subsidence of supporting structures of houses and other buildings).

For this reason, the following indicators have been chosen for analysis in the question of water:

• Indicators from the Directorate of Pollution Prevention and Management of the SAyDS. Interaction with the Directorate of Environmental Offences. System applicable in the area of Aguas Argentinas S.A. In fact, these indicators consider the monitoring activities of the national authority in its area of jurisdiction (covering part of the District of Morón), for monitoring waste from industries that is then dumped in sewers and rainwater drains.

• Indicators on control of the public utility provider by ETOSS. These indicators are of use in

considering how a company that provides a public service (provision of running water and sewerage) is monitored by a state regulatory body. They deal with aspects closely linked to the expansion of the drinking water network and the sewerage service, sewage treatment and industrial waste.

• Indicators applicable by the Municipality of Morón. This is an analysis of how the City

Council monitors water quality, in an area in which Aguas Argentinas provides no service. It also considers how the rise in the water tables is dealt with, both in the area covered by Aguas Argentinas S.A., and in that not served by the company.

Air The situation is rather similar to the problem of water in that there is considerable overlap in regulations and jurisdictions. Nevertheless, specific characteristics can be observed, e.g. atmospheric pollution caused by mobile and fixed sources, and its affect on air quality and the health of the population. According to Petcheneshsky, the areas most exposed to air pollution in the Argentine Republic are: the City and Province of Buenos Aires, Córdoba and Greater Córdoba, Rosario and Greater Rosario, Mendoza and Greater Mendoza, La Plata and Greater La Plata. The first three, i.e. the metropolitan area, Greater Córdoba and Greater Rosario, are areas of highest population density.42

Significant problems related to air in the study area:

• Overlap of regulations and competences between enforcement authorities at different government levels and lack of recognition of municipal autonomy. Certain regulations governing fixed sources are largely provincial and are enforced by the provincial authority. In questions of mobile sources the national, provincial and municipal authorities coexist and exercise different types of controls, but the role of the city council is not recognised as being sufficiently far-reaching by the Provincial Constitution.

• Air pollution caused by mobile sources. The transport of both passengers and cargo is

carried out in various kinds of vehicles, including private vehicles, a large number of which are poorly maintained. This leads to significant air pollution in Morón and the Metropolitan Área of the City of Buenos Aires.

42 Petcheneshsky, Tatiana. (1998). Situación del Monitoreo de la Calidad del Aire (GEMS-Aire) en la República Argentina. Gestión de la Calidad del Aire Urbano Industrial. Apuntes Técnicos AIDIS Series.

30 FARN

• Air pollution caused by large fixed sources. The pollution caused by large-scale fixed

sources in Morón falls mostly within the jurisdiction of the provincial enforcement authority. The consequences of monitoring this type of sources in the municipal area often affect the relationship between the resident and the Municipality, making interjurisdictional relations more complex. An example is the air pollution from the Morón Crematorium. This establishment is currently closed but caused serious problems in the relationship between the city and its residents, who demanded from the council powers which are in fact held by the SPA. This is a clear example of the problem mentioned above of the failure to recognise municipal autonomy.

The following indicators have been chosen for analysis in the question of water:

• Indicators used by the CNRT regarding vehicles involved in interjurisdictional transport of cargo and passengers, since they are mobile sources of air pollution.

• Indicators on the system of fixed sources of gaseous emissions in the Province of Buenos

Aires, since they are specific generators of air pollution.

• Indicators applicable to vehicles checked at the roadside by the Municipality of Morón, since these indicators are designed for mobile sources of air pollution, and are complemented by those mentioned above, which exist nationally (CNRT).

8. Water: selected indicators Below is an analysis of selected indicators on questions of water, with examples at the three levels of government in the study area of the pilot experiment, i.e. the District of Morón. 1. Water: Directorate of Pollution Prevention and Management (DPyGC). Interaction with the Directorate of Environmental Offences, SAyDS a) Jurisdictions Through the DPyGC, the SAyDS exercises police powers in the control of water pollution in interjurisdictional bodies of water.43 In the study area this control, which covers natural, surface and subterranean waters, affects all industrial and/or special establishments that continually or sporadically dump waste in the City of Buenos Aires and the 17 districts belonging to the area covered by the service provider (Aguas Argentinas S.A. until 21 March 2006), including Morón.44 The DPyGC is obliged to: a) Prepare proposals for tools linked to prevention and management of air pollution. b) Propose methodologies and techniques related with prevention, monitoring and pollution management. c) Coordinate and exercise operative functions necessary for compliance with police powers in pollution matters. d) Promote and participate in studies and research into the development of air pollution indicators, such as instruments of assessment, planning and pollution control. e) Propose and promote a system of reliability, recognition and registration of laboratories with capacity to determine the degree of air pollution.45

The main function of the DIA, which is also part of the SAyDS, is to hear administrative cases on infringements to the application of the sanctions established in the regulations applicable in its jurisdiction. The DPyGC and the DIA will interact in the same administrative proceeding, at an infringement, which, after detection by the DPyGC, is sent to the DIA for it to intervene. During the course of this investigation the DIA reformed its summary proceedings, incorporating particularly important aspects in SAyDS Resolution 475/200546:

43 Its function is to have jurisdiction over all matters related to the enforcement of National Decree Nº 674/89 (B.O. 06/06/1989) and its modifying decree Nº 776/92 (B.O. 15/05/1992). The control involves everything related to the quality of natural, surface and subterranean waters, all kinds of discharges by industrial and special establishments, including hazardous waste discharged directly or indirectly into the medium. 44 Federal Capital and districts of the Province of Buenos Aires included in the régime of the former Obras Sanitarias de la Nación (OSN): General San Martín, La Matanza, Morón, Hurlingham, Tres de Febrero, San Fernando, San Isidro, Vicente López and Tigre, whatever the destination of the waste may be. For the districts of Almirante Brown, Avellaneda, Berazategui, Esteban Echeverría, Ezeiza, Florencio Varela, Lanús, Lomas de Zamora and Quilmes, when they directly or indirectly use an external network of sewers or main sewer operated by Aguas Argentinas. 45 See http://www.medioambiente.gov.ar/default.asp?idseccion=18 (Last visit 28/03/06) 46 B.O. 10/05/05.

32 FARN

a) Creating an Advisory Committee on Environmental Offences (CAIA), coordinated by the Director of the DIA and made up of SAyDS representatives with possible interest in the field. One of the functions of this Committee is to follow up sanctions.

The CAIA should: propose to the SAyDS secretary the bases for the entity’s policy on inspections and control; prepare statistics, registers and other studies regarding environmental offences; agree standards or parameters of reference for appraising the merit of starting summary proceedings in general, and in particular in the case of formal infringements, and as regards the main violative behaviour and the sanctions that should be applied to it; assess the results of enforcement of the regulation and, if need be, study and suggest reports from SAyDS, or the criteria with which it is enforced.

The Committee must meet periodically, at the request of the Director of Environmental Offences, and will submit, at least every six months, a report to the SAyDS secretary on its activities in the exercise of its functions.

b) Establishing criteria for appraising sanctions, for which the (real or potential)

environmental damage caused and the nature of the infringement must be taken into account. To that end the prosecutor may observe the standards set by the Advisory Committee on Environmental Offences. The conduct of the offender during the hearing of the case will be taken into account, with acknowledgement of the offence committed, or where appropriate, the voluntary offer to provide a timetable for activities of repair or redress of the situation originating the proceeding being considered positive conduct.

c) Preventive measures: when from the survey carried out by the national directorates there

emerges a reliable technical confirmation of the existence of serious danger or imminent damage for health and life of persons and/or of the environment, this could exceptionally give rise to the issuing of a preventive measure suspending inscription of the presumed offender in the registers of the SAyDS, or another measure where appropriate.

d) Simplification of the process of water contamination: it establishes a quicker procedure

for dealing with infringements concerning water pollution. It is important to note that, as mentioned above, with the issuing of SAyDS Resolution No. 1156/05, the ADA will retain the operative functions of environmental police powers over establishments located in the districts mentioned in the resolution. Nevertheless, the Nation continues to reserve the power to carry out technical visits to take samples from the establishments located in the districts included in order to assess enforcement with environmental objectives and obtain statistical data. Therefore, cases in which the DPyGC and DIA will intervene will continue to exist, bearing in mind that the transfer is taking place gradually. b) Identification and use of indicators Below is a summary of the indicators studied in this field. Input

• Data on inputs and resources. • In relation to economic indicators, there is information on the budget requested and

executed by the DPyGC of the SAyDS, but it is not available to the public.

Output

• Number of establishments that presented an annual affidavit (for which no stamp duty is paid). Establishments are classified by type of dumping and degree of danger involved, which allows them to develop programs addressing types of pollutants and their damage (for 2005 galvanoplastics and tanneries are the priority sectors).

• As regards the system of official inscription, the DPyGC acts when the public service

provider detects an abnormality (since the latter is obliged to carry out verifications in the area of its incumbency), but it does not discriminate in the registers between voluntary or official inscriptions.

• Number of companies involved (4,985).47

(Indicated on the map below)

47 Information available at http://www.medioambiente.gov.ar/?idarticulo=129 (last visit 21/03/05).

34 FARN

Industrial establishments classified by the DPyGC in 2001

Source: http:// www.medioambiente.gov.ar/?idarticulo=129 Establishments are classified by district according to a Geographical Information System. There are no formal channels of communication between the mayors of the municipal districts and the DPyGC. In general, the relation is informal and reveals dissimilar experiences.

• Inspections and sanctions proposed by the DPyGC.

• Number of summary proceedings registered with the DIA. From 2001 to 2005, a total of 859 proceedings were instituted, 300 were concluded (120 with a fine), while another 282 are in progress. 277 correspond to other areas and 60 remain to be notified. Fines totalling $374,500 had been imposed by the end of 2005.

• On economic indicators, the DPyGC has a register of the number of inspections carried out

and an estimate of the expense per inspection according to the type of industry checked (efficiency indicator). However, this information is not public. Although useful when requesting the budget to perform the necessary inspections, it is not requested by the Ministry of the Economy when defining the budgetary allocation.

• A consequence of the inspections is the charging of fines when abnormalities are detected.

At present, the amounts per sanction are the following:

- Absence of technical file: $500. In general, the proceeding is instituted but deadlines are

given for presentation. - Failure to present an affidavit: $5,000.

- Unlawful discharge: fines range from $33,000, $66,000 and $100,000. The amounts are not

linked with the financial possibilities or size of the company, which disproportionately affects small- and medium-sized companies. As they are appealable in court, the collection of these fines is usually a lengthy process, and in many cases never occurs. The amount of the fines is not specifically fixed to the control of pollution but is destined to a tax revenue account.

There also exists a requirement in regulations which indicates that whoever dumps waste unlawfully must pay special pollution control dues, only collected after the taking of two samples by the administration. At present this type of operation is not performed by the authority since it requires a number of inspectors and a suitably sized laboratory, so is not considered cost-effective. Another point to consider as regards output indicators is that although the enforceable regulations demand that the application authority publish the list of companies sanctioned administratively for dumping waste in a newspaper of the Federal Capital every two months, this is not actually done. Intermediate outcome

• No intermediate outcome indicators are available. However, there is information with which to construct them and be able to specify the type of modification in the behaviour of offenders, for example whether they have begun to treat the waste, or whether they have made a technological change to their production and/or waste treatment systems.

Here, the actions of compliance and enforcement are the source of three main motives for which companies might modify their behaviour:

• The first and most important is due to an interruption in the connection to the sewers, in cases of unlawful dumping, thus preventing further dumping of industrial waste. In the City of Buenos Aires and the respective area of the Province of Buenos Aires, such interruptions were made, at an ETOSS resolution, by the concession holder for the drinking water and sewer service “with the detection of real risks caused by them, that may affect public health”, among other things.48 The power to restore the service lies with the SAyDS, for which an administrative process is required that may take at least 40 days, during which time the company will be unable to operate, with a considerable loss of revenue. According to a SAyDS resolution of 2005, the rehabilitation procedure establishes that in the event of a repeat offence within two years of the first interruption, a new one will be established for

48 ETOSS Res. 43/1999 authorized the concession holder Aguas Argentinas S.A. to interrupt directly the sewage collection service from industrial and special establishments, with the detection of real risks caused by them that may affect public health, other users connected to the same sewage network or their maintenance personnel when performing their duties. , The SAyDS and the ETOSS should be informed immediately of the proceedings, and the factual background to justify the measure adopted. It is also important to note that on 9 September 2005, the Suez company (Aguas Argentina S.A.) decided to leave the country, and on 21 March 2006, the National Executive Power cancelled the concession contract claiming that the concession holder had failed to comply with its contractual obligations. Agua y Saneamientos Argentinos S.A. was created to provide the service within the Secretariat of Public Works in the Ministry of Federal Planning, Public Investment and Services.

36 FARN

a period of 5 months, and that in the event of a third interruption a criminal denunciation will be filed claiming risks to public health and the environment.49 50

• The second reason is the payment of the fines, but is linked more with administrative

failings than with unlawful dumping, since the fines for this offence are difficult to collect, as stated in the item on output indicators.

• The third reason has to do with not wishing to appear as an offender. It is of exclusive

concern to large companies that do not want problems and repercussions in the media, not merely because the names of those who fail to comply are published. Making the names of offenders public with the associated loss of public prestige is one of the methods in which environmental policy could incentivate greater compliance.

Similarly, it should be mentioned that when companies are the object of an administrative case due to their failure to comply with regulations, the SAyDS has a background of promoting technological change in an industry that was in such a situation and that replaced its contaminating technology with clean technology. It was able to carry this out thanks to an agreement between the Universidad Tecnológica National and the Clean Production Area of the SAyDS. Final outcome

• There is no continuous representative data on water quality in the receptors used for dumping. This is a vital absent element, since even with the data generated by the concession holder at the discharge points of the main sewers and in areas in the River Plate of intake of water for treatment, this is insufficient for follow-up and assessment of the efficacy of the control actions and their relation with any improvement in the receptor bodies.

A Programme of Observation and Control of Hydric Pollution within the DPyGC makes developed methodology accessible to the public. Nevertheless, the latest values date from the year 2000 and it now operates irregularly due to the lack of finance.51

49 In accordance with Appendix I of SAyDS Resolution 777/05. 50 See note 177. 51 www.medioambiente.gov.ar

c) Assessment The table below presents aspects linked with the assessment of the indicators analyzed:

Focus of analysis Input indicators Output indicators Intermediate outcome indicators

Final outcome indicators

1. Motivation or origin for the construction of the indicator

Economic input indicators are not available publicly for budgetary reasons. Data available to calculate input indicators from an economic perspective (e.g. budgeted and executed spending).

The data for the production of indicators is used as internal information. Data is available to calculate output indicators from an economic perspective (e.g. cost per inspection)

Do not know directly the effects caused by the plan of operations in the area. Has data to calculate intermediate outcome indicators from an economic perspective (e.g. companies that modified their conduct and type of actions realized)

Not produced

2. Effective degree of use of the indicator

Data on resources used to schedule the inspection activities.

Data from the affidavits included in a data base and filed, on some occasions are reported centrally.

Specific official indicators have not been designed. No follow-up on the affects of the control programme.

Official specific indicators have not been designed. No results obtained to allow preventive actions to be taken

3. The existence of reference indicators

The indicators used are of self-taught construction.

No indicators have been designed. The data they have allow specific indicators to be developed.

The reference indicators studied are the discharge limits generally used as a reference by the US EPA.

Reference indicators that could be studied are the discharge limits generally taken as a reference by the US EPA

4. Solidity of information Information regarding resources and inputs is solid and is systematised.

The information obtained from the affidavits of establishments is not systematically checked.

Data on the effects of environmental compliance are not systematic.

No official information produced by the body in this regard.

5. Human resources or capacities used in preparing indicator

Scarce human resources, but technically very well trained with the capacity to generate and foster indicators.

Assessment on formulation and enforcement of DPyGC and DIA indicators

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Indicadores Materia Agua y Aire 39

d) Trends observed In analyzing the indicators in this item certain trends have been identified that may make an interesting contribution to the subject. On the one hand, and as mentioned above, during the investigation, the internal procedure on infringements of the SAyDS, of great importance for the work of the DIA, changed. It led to the creation of the Advisory Committee on Environmental Offences to follow up sanctions, establish parameters and statistics, with the obligation to inform on its progress periodically. This is a theme of some scope considering the gap that can exist between the imposing of the sanction and its perfection. The regulation also establishes criteria for determining sanctions and their appraisal, the possibility of filing preventive measures and a simplified procedure for imposing sanctions for hydric contamination in the area analyzed by this study. As for the DPyGC it is important to remember that it established as a priority of investigation the amount of pollution discharged by industries into the River Plate.

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2. Water: Indicators on the control of Aguas Argentinas S.A. exercised by ETOSS a) Introduction

This chapter discusses aspects linked to environmental compliance and enforcement indicators on water, dealing specifically with those concerning the control that ETOSS exercises over Aguas Argentinas S.A. We believe that the peculiar situation involving the cancellation of public service concessions contracts on 21 March 2006 by the National Executive Power will not impair the usefulness of analyzing existing indicators before the end of the contract by reason of the future needs of the legal-institutional system.52 b) Jurisdictions ETOSS is the regulatory and quality control body for the services provided by the concession holder for the provision of drinking water and sewerage services (until 21 March 2006 performed by Aguas Argentinas S.A.), within the area served.53 The body was created by the Agreement signed between the National Executive Power, the Province of Buenos Aires and the former Municipality of the City of Buenos Aires, now the Autonomous City of Buenos Aires, in February 1992.54 The area of competence includes part of the District of Morón, a sector of which is served by the public service provider.55 The body has the following functions56:

• Execute and enforce the regulatory framework and the concession contract for the public

service provision of drinking water and sewage. • Request from the service provider the necessary reports to exercise control of the

concession.57 It should analyse and comment on the annual report to be submitted, make its conclusions public and adopt the corresponding contractual measures.58

• Approve the improvement and expansion plans of the service in the area of the concession.

52 See Decree 303/2006 (B.O. 22/03/06). 53 Created by Law Nº 23,696. 54 ETOSS is headed by a Board of Directors comprising two representatives from each of the three jurisdictions that signed the partnership agreement. The Board of Directors elects the President and Vice-president for a one-year term. 55 The area includes the City of Buenos Aires and 17 municipal districts of Greater Buenos Aires, among which is Morón. The areas where agreements have been made on the services being carried out by third parties are not included. On 21 March 2006, (B.O. 22/03/06), the National Executive Power cancelled the respective concession contract, placing the blame on the concession holder, and created Agua y Saneamientos Argentinos S.A. within the Secretariat of Public Works of the Ministry of Federal Planning, Public Investment and Services, for the provision of the service. 56 Decree Nº 999/92 (B.O. 30/06/92) that approves the regulatory framework for the concession 57 As obligations on both parties the following deserve to be mentioned: Aguas Argentinas S.A: guarantee quality of the water supplied to users (according to physical-chemical and bacteriological parameters similar to those advised by the World Health Organisation) and verifying, by a systematic series of analyses, that levels are within the limits established in the concession contract; ETOSS: oversee control, verifying compliance by concession holder with the stipulated control programme, doing own analyses and measurements to compare with the results obtained by Aguas Argentinas S.A. As regards the sewage system goals are fixed for waste treatment in order to gradually redress the contamination of water courses with sewage. These treatment goals are set at two levels: primary and secondary, increasing the demand over time. To satisfy this point the concession holder must construct sewage treatment plants. The results of the checks made by the concession holder are systematically submitted to ETOSS, in three formats and modalities: a) alert levels, b) information system on service levels (SINIS) which is analyzed monthly and stored by the Service Quality Management of the regulatory body, which takes actions for, and makes recommendations to, the concession holder, and c) Annual Report on Service Levels: at the end of each contract, the concession holder informs ETOSS of the levels of conformity with all the parameters on quality required in the contract. This report must bear the certificate issued by the Technical Auditor of the Concession. On the basis of this audited report analysis is made of trends, the goals reached and the corresponding sanctions are applied with a view to correcting negative trends. 58 Interview with the Service Quality Management of Aguas Argentinas S.A.

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• Publish the expansion plan.59 • Check that the concession holder is complying with the plans mentioned as well as with

those on investment, operation and maintenance proposed to satisfy effectively the goals of the service and its expansion.

• Approve a Users’ Regulation that contains the rules governing procedures and claims, and

attend to the claims of users for deficient provision of the service.60

• Apply to the concession holder the sanctions established in the concession contract over failure to comply with obligations. It also has the power to request precautionary measures from the National Executive when, due to responsibility of the concession holder, situations of extreme gravity occur to affect good service and endanger the health of the population.

• ETOSS has an ad honorem Advisory Committee made up of representatives of associations

or bodies linked to sanitary issues and to users. In the case of undertakings, constructions, concessions or the implementation of any other action under the jurisdiction of the districts of the province of Buenos Aires that are in the regulated area, it must invite a representative from each jurisdiction involved to form part of the committee, to participate in the examination of and give advice on any questions that may affect it.61

Quality control on drinking water As mentioned above, ETOSS intervenes in the quality control of water for human consumption by assessing data provided by the concession holder (monitoring plan). It also collects requests from districts in the area concerning complaints from residents about the flow of water and water pressure, and about quality. In deciding the substances to check, ETOSS follows the Argentine Food Code (1955), the list of substances found in appendix II of the concession contract, the comparable Safe Drinking Water Act (from the US) and corresponding resolutions of the US Environmental Protection Agency (EPA) and information from other international libraries. The body has no authorisation to modify the contract, but this in no way impedes it from carrying out controls to contribute to a better application of it. Therefore, by common accord with the concession holder other substances can be added to it. A case in point is the cryptosporidium bacteria which appeared in 1995 and which ETOSS has incorporated into the analysis of water quality, although the contract dates back to 1992. As mentioned above, on 9 September 2005 the Suez Group (Aguas Argentinas S.A.) announced that it was to leave the country. On 21 March 2006, the National Executive Power in Argentina decided to cancel the contract with Aguas Argentinas S.A., which had been in force for almost 13 years. The principal cause for the decision was inadequate quality, with the presence of nitrates in

59 In the concession obligatory goals were established for the expansion of the drinking water and sewage services, to be fixed every five years throughout the thirty of duration of the concession, until the whole of the initial deficit is covered of forty per cent (40%) for water supply and sixty per cent (60%) for sewers, concentrated entirely in Greater Buenos Aires. 60 The user should complain to the provider of the public service beforehand, and if the service provider fails to respond, then a complaint to ETOSS is in order. 61 See Res. ETOSS 38/99.

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different areas covered by the service. The prolonged nature of the problem is contemplated in the decree and is based on the successive sanctions imposed by ETOSS as a result. Controlling discharge of waste In controlling the discharge of waste, ETOSS intervenes in its capacity as regulatory body, and in coordination with the DPyGC in the SAyDS.62 According to toxicology experts, nursing mothers are the most vulnerable group to the ingestion of nitrates.63

Regarding the discharge of waste by the concession holder, the control of unlawful industrial discharge into the sewers is carried out under a programme that began in 2001 called Integral Pollution Control (CIC). It combines the three methodologies of control: indirect control, direct control and a special vehicle for in situ sampling and verification. As to the obligations of the regulated community, different rules apply depending on the location of the establishment or activity. If it is in one of the areas served of Buenos Aires Province, both national and provincial parameters are applied. There is no agreement on the permissible maximum discharge, so the regulated establishment must comply with both bodies.64 Likewise, and as mentioned above, consideration must be given to the agreement on transferring operational policing powers from the Nation to the Province of Buenos Aires, adopted by Res. SAyDS 1156/05. The Commission created by this agreement has various powers in systematizing and coordinating information and it can propose modifications to existing regulations in questions of water pollution and the limit values permitted in national and provincial regulations.

62 See development of the functions of DPyGC, SAyDS, in the previous item: 1. Water: Directorate of Pollution Prevention and Management. Interaction with the Directorate of Environmental offences, SAyDS 63 See La Nación Sebastián Ríos. Nitrates – a real danger for nursing mothers. 31 March 2006. Quote from Dr. Carlos Damín, Professor, Faculty of Medicine UBA. 64 See Chapter 5. Normativa e Institucionalidad Ambiental Argentina.

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Treatment of sewage Mention should be made here of a judicial decision that reached the Argentine Supreme Court of Justice. On 22 September 2004, by a conciliation process, an agreement was struck between the Municipality of Berazategui, Aguas Argentinas S.A. and the National Executive Power.65 It established that Aguas Argentinas S.A. would carry out the works required in the treatment of sewage. The work was scheduled was partly to take place in 2004 and be included in the renegotiation of the contract for the period 2005/2008. However, the contract was not renegotiated and the work subject to the schedule stipulated in the agreement was not carried out.66 Therefore, the sewage treatment plant at Berazategui is still a matter pending. Scope of the network The table below describes the area and the population covered by the drinking water and sewerage services (with entries for Morón).

Source Web page: http://www.etoss.org.ar/desarrollo/sitioetoss05/index.htm Data corresponding to the 10th Year Report presented by Aguas Argentinas S.A., audited by the Technical Auditors for the Concession. (2003).

65 Proceedings entitled “Municipalidad de Berazategui c/Aguas Argentinas S.A. s/Ordinario” File No. 1694/01. 66 The concession holder’s Integral Treatment Plan was the master plan for sewage treatment in the area and the improvement of water quality along the River Plate is also subject to renegotiation.

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Expansion of the network It should be stressed that the concession contract signed between the State and Aguas Argentinas S.A., included the maintenance and expansion of existing works among the obligations of the concession holder, as well as the construction of new drinking water services and sewage works67. It stipulated that, during the period of the concession, the concession holder was to carry out studies, and plans for the improvement and expansion of the services68, and it outlined the mechanism to be used with a plan of improvements and expansion called PMES. This plan was designed to identify the work and actions needed to reach the required service standards in accordance with the periods fixed and with Appendix I of the contract69. However, as the AGN points out, the company appears to have failed to comply with around 90% of the expansion plans agreed for 1998-2003.70

c) Identification and use of indicators The following indicators on the control of Aguas Argentinas S.A. carried out by ETOSS have been studied on the basis of information from both bodies. Input indicators

• Data on inputs and resources.

• Voluntary training, the cost of which is borne by ETOSS.

• Concerning the actions of ETOSS, the quality control area is allocated around 18% of the total ETOSS budget, a budget which is financed with the regulation charge paid by users and corresponds to 2.27% of the tariff. This budget means that the amount of chemical analyses to be made is reduced to half of those desired.

Output indicators

• Number of infringements committed by Aguas Argentinas S.A. • Number of fines collected from Aguas Argentinas S.A., discriminated by type of fault and

year, information that it uses to verify compliance by the concession holder from 2002 to date.71

• Annual report submitted by the concession holder, making its conclusions public, and

control over the adoption of corresponding contractual measures.

• Reports required from the concession holder to carry out the control of the Concession.

67 Pursuant to art. 1.1.1 of the concession contract. 68 Pursuant to chap. 12 of the concession contract. 69 On goals and obligations on improvements and expansion of the service. 70 See the following article published in La Nación, 21/03/06: “According to the audit, 90% of the contract has yet to be realized.” 71 Source: interview and web site: www.etoss.org.ar (Technical Information Section) last visit 21/03/06.

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• ETOSS has a record of demands by subject (water, sewers, commercial, urgent), type (detail of the problem for each subject) and region (including Morón) from 1999 to 2005. The statistics concerning the results of claims are at the disposal of users on the web site.72

• In economic indicators on control exercised by ETOSS, there are no estimates of efficiency

indicators, such as cost per inspection. The situation is similar for Aguas Argentinas S.A. regarding its work of checking the quality of the waste discharged by enterprises into the sewer network. Information is available to calculate the cost of each analysis (including the stages of inspection, analysis and administrative and legal procedures), but this has not been done.

• Number of Environmental Impact Assessments and Environmental Impact Statements

recorded by Aguas Argentinas S.A. to carry out the improvement and expansion plans in accordance with Resolution ETOSS 85/01. The request made to ETOSS to carry out quality control on those studies, despite the approval required by the corresponding Enforcement Authority, emerges from reports of the SIGEN 73.

Intermediate outcome indicators

• The area or sector under the responsibility of ETOSS carries out periodical follow-up after the application of the sanction for failure to comply with the concession contract.

• ETOSS follows up compliance with the improvement and expansion plans approved and

the investment, operation and maintenance plans proposed by the concession holder. • From the start of the concession, ETOSS has compiled data on the concession holder’s

conduct regarding the expansion of the network, water quality and goals for primary and secondary sewage treatment. These reports are not available to the public on the web site.

• The control actions by Aguas Argentinas S.A. of the waste discharged into the sewer

network have been an element used for the control of offenders, as described in the point on actions of the DPyGC of the SAyDS. In this case the concession holder used its equipment and personnel to inspect and analyse the waste.74

• According to the information available to the public on the ETOSS web site, in compliance

with the routine monitoring system in 2003 the concession holder made 140,694 analyses of the water distributed and 15,999 analyses of water from perforations in service.75

• In the period 2001-1st half 2002 it emerged that 12% of total sewage had been treated.76

72 Source: interview and web site: www.etoss.org.ar 73 Source: www.sigen.gov.ar/documentacion/informes_sigen/eie030601.pdf 74 See Res. Nº SAyDS Nº 777/2005 and Res. Nº ETOSS 43/1999. 75 Source: http://www.etoss.org.ar/desarrollo/sitioetoss05/index.htm (29/03/06) 76 AGN Report ETOSS 2003 (analyses period 2001-1st half 2002). Likewise, the Service Quality Management of ETOSS has a daily sampling plan from the time the water is taken from the river until it is returned by way of the sewer network . It also carries out an annual check through requests to Aguas Argentinas for reports. ETOSS controls the concession holder so that it can control itself. Therefore, Aguas Argentinas examines a broad spectrum of chemical parameters and the laboratory makes 500,000 analyses per year on samples extracted at different points of the system. It also has a Centre of Command and Telecontrol of the Service, which controls water quality continuously at the water treatment plants (Gral. San Martín and Gral. Belgrano) and at the Elevator Stations. The information is visualised in real time by way of a centralised control in order to guarantee the quality of the water supplied.

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• ETOSS has information on well water quality (year 2000) from which critical areas

including Morón (presence of nitrates and total coliforms) emerge.77 Nevertheless, according to Aguas Argentinas S.A. representatives, the level of nitrates fell under the nitrates plan, in Morón in 2003 due to work on the Saavedra Morón underground river.78 It should be pointed out that the presence of higher levels of nitrates than permitted was used as grounds by the national government to cancel the contract.

• Similarly, ETOSS has water quality indicators on the services arising out of the reports

submitted by Aguas Argentinas S.A., which allow it to follow up compliance with the concession.79

• Aguas Argentinas S.A. has constantly monitored the discharges made by industries detected

as being at risk. This information is not public. If a citizen should consult the discharges made by a particular industry, the service provider submits it to the enforcement authority.

• The concession holder has internal data on the quality of the receptors used for the

discharge of waste from the networks Final outcome indicators

• Despite the existence of specific campaigns in the River Plate80, the data generated by the concession holder regarding the quality of the receptor (River Plate), is internal and therefore the indicators are not published.

• There are no published indicators made continuously and systematically on the quality of

the receptor (River Plate). d) Assessment The table below presents aspects linked with the assessment of the indicators analyzed:

77 AGN Report ETOSS 2002 (analyses period 1994-2000). ETOSS also compiles statistics on water quality, effluents, water pressure in the network and service interruptions (service quality indicators). In information leaflets, a chart plots the evolution in the quality of the water distributed in the area served since the start of the concession (year zero) to the sixth year. It contains data on: chlorine, nitrates, turbidity, total coliforms. 78 See minutes of the meeting on the workshop on indicators of environmental compliance and enforcement, 10 March 2005. 79 AGN Report 2003, and web page http://www.etoss.org.ar/desarrollo/sitioetoss05/index.htm 80 E.g. in the framework of the Freplata Campaign “Classification of outlets of coastal water courses of the River Plate and its Maritime Front in Argentina”.

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Assessment on formulation and application of indicators for water concerning control over Aguas Argentinas S.A. by ETOSS Focus of analysis Input indicators Output indicators Intermediate outcome

indicators Final outcome indicators

1. Motivation or origin for the construction of the indicator

The control body knows of the resources available to the concession holder. It has data to calculate input indicators from an economic perspective (e.g. spending budgeted and executed). Economic input indicators are not publicly available. The motivation is budgetary.

The follow-up indicators for the programme of the concession holder are outlined in the concession contract It has data to calculate output indicators from an economic perspective (e.g. cost per inspection).

Data on the effects on the conduits of the networks is compiled by mandate of the concession contract. It has data to calculate intermediate outcome indicators from an economic perspective (e.g. companies that modified their conduct and type of actions realized)

The concession holder has internal data on quality in the receptors of waste discharged into the sewer network in order to meet discharge standards in the River Plate.

2. Effective degree of use of the indicator

The ETOSS reports are based on the information provided by Aguas Argentinas S.A. are filed and in some cases published.

The data provided by the concession holder allow for follow-up of the concession contract through the indicators.

The data on quality of the discharge into the main sewer is used for quality control.

Data produced by the concession holder on the quality of the receptor (River Plate) is internal and therefore indicators are not published, except on specific campaigns. The control body makes no continuous systematic quality studies of the receptors of the discharges into the sewer network.

3. The existence of reference indicators

The indicators have been constructed according to the needs for control of the concession holder. Some indicators refer to the description of daily activities and their percentage relationship with the commitments assumed by the concession holder.

There are no published quality indicators on the receptors of waste compiled

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4. Solidity of information The data is generally compiled, sorted and systematised by the concession holder and can be checked by the control body. No systematic form of compiling data on economic indicators.

continuously and systematically. The parameters used are those found in the relevant item (mostly taking EPA values as reference)

5. Human resources or capacities used in preparing indicator

Human resources producing the base data on the indicators are skilled, as in the control body.

Although no indicators of this type are compiled systematically, the human resources are trained to do so.

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e) Trends observed It is important to mention that both the former concession holder and ETOSS have supplied information on this topic. This information, as also mentioned in the analysis of indicators from the DPyGC and the DIA of the SAyDS, serves as a base for the control the government authority must carry out (e.g. information provided by the service provider on dumping). Nevertheless, we believe that it should form part of a system of indicators that relates input/output indicators with intermediate and final outcome indicators, and that there should be a systematic and continual study of the quality of the receptor bodies, regarding which the enforcement authority, ETOSS and the service provider will jointly produce technically adequate and compatible information. It is also very important that this system should be accessible by the public, not only because of the obligations imposed by the applicable regulations, but also because it would contribute to perfecting control of the establishments that dump waste, as well as the provider of the drinking water and sewage services. Finally, these aspects should be borne in mind in any future framework posed by the legal-institutional structure, with the aim of articulating transparent control mechanisms for the new provider of the drinking water and sewage services.

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3. Indicators applicable for water by the District of Morón a) Jurisdictions Prior to issuing authorisation of a commercial, industrial and/or services establishment, Morón City Council must request certification proving that the water supplied is suitable for human consumption. If requested, the establishment must produce similar certificates with a maximum one-year period.81 Municipal regulations establish the different periods for carrying out new analyses according to the category of establishment.82 The housing complexes and establishments where the provision of water is made by the service provider, without intermediate tanks, are not affected by this obligation. In that case, they are also required to show a quality analysis certificate. The municipal health authority can request quality controls on drinking water in establishments not included and/or more frequently than the period stipulated in the local regulation in situations in which it believes it is necessary on health grounds.83 The certifications of suitability for human consumption must be issued by the Zonal Laboratory Department, an office of the Directorate of Preventive and Environmental Medicine.84

Moreover, in work establishments, the local authority must request an analysis of drinking water, as demanded by the regulations on Hygiene and Safety at Work.85

Through the Secretariat of Infrastructure and Planning of the District of Morón, Project Management Sector, follow-up is made on the needs of the population and on the provider of water and sewer services by making petitions for improvement both to the regulator and to the actual provider. Regarding the network expansion plans, the council requests the priorities indicated by the study of urban needs and policies and participates with ETOSS in verifying the results of the projects and works. Since in some areas of the municipal district (both in the area served by the service provider and in the area not served) water tables are at ground level, it uses piezometers and depressor pumps to continuously and systematically check their level. Recordings have been made monthly since September 2001. The Municipality of Morón has a total of 42 freatimeters and according to the values given may install depressor pumps provided by Aguas Argentinas S.A. through ETOSS. A total of 120 have been placed at different places in the district. The locations of both the freatimeters and the pumps are included in a Geographical Information System and are perfectly visible. The council also follows up the water and sewer network expansion works and the hydraulic work planned and executed by the Directorate of Works of the Province of Buenos Aires. In order to grant municipal authorisation, the Authorisations Sector of the Municipality of Morón requires that establishments comply with the legal rules of the Province of Buenos Aires in all

81 Bylaw Nº 9856, art. 1 82 Bylaw Nº 9856, art. 2. Appendix I: every three months, appendix II: every six months and appendix III every twelve months. 83 Bylaw Nº 9856, art. 6 84 Bylaw Nº 9856 85 Law 19,587.

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environmental aspects (liquid discharges, analyses of drinking water, presentation of permission to discharge gaseous waste). The General Inspection Sector follows up compliance. A requirement stipulated by the system of location of industries of the Province of Buenos Aires, is that in order for municipal authorisation to be granted, a Certificate of Environmental Suitability is necessary, which for 2nd and 3rd category companies must be issued by SPA, the environmental body of the Provincial Executive. As there is considerable delay in approving certificates in the province, the municipality has to issue provisional authorisation until such time as the provincial certificate is ready, when final authorisation can be given. This is an example of how failings in coordination between the authorities mean that the council must necessarily adapt its regulatory framework in order to overcome administrative delays by the provincial authority. The crossing of data on the demands for municipal and provincial regulations strengthens the follow-up on compliance made by the administrator of the respective duties. The Municipality completed the industrial census that will give a reliable data base to all areas of the council and will serve as an incentive for industrial and commercial exchange in the municipality and the province. An agreement has been signed with the academic sector (Universidad Tecnológica National-Haedo) to make an environmental diagnosis of industries to give them support in learning of environmental conditions and their improvement. The council does not intervene directly in the design of large-scale projects and their maintenance. In the area not served by the provider of drinking water and sewers, it only checks drinking water at the request of a private individual who is applying for permission to carry out new work or subsistence. The individual must give the data and location of the extraction wells for water for human consumption and with the payment of the fee has the right to send a simple of water to the zonal municipal laboratory. This is a voluntary procedure and no record of the analysis is kept. At present industrial discharge is not checked and no follow-up is made of the quality of the surface courses in the municipal district. The following charts present the percentage of the population served with drinking water and sewers, since the council has 20% of area not covered by mains drinking water and a 55% deficit in sewage collection.

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Source: Polverini, Edith C. (December 2004)

Source: Polverini, Edith C. (December 2004) b) Identification and use of indicators Input indicators

• Data on inputs and resources. • No input indicators are available from an economic point of view, since how much of the

spending in the respective areas is destined to water is not identified.

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Output indicators

• Number of establishments that presented a request for registration (requirement prior to municipal authorisation) and the classifications of the different establishments.

• Number of establishments registered in the recently finalised industrial census. This register

is a valid tool for the Council to know the establishments by sector and location regarding the liquid discharge outside the area served.

• Number of water meters and depressor pumps.

• Records of the rise and fall of the water tables.

• No output indicators are available from an economic point of view. However, calculations

can be made of the total amount to be charged for company authorisation, in which the quality of the water used must be shown to comply with the parameters demanded.

Intermediate outcome indicators

• Results of the actions of depression of water tables as continuously recorded by water meters.

• Results of the analyses of water for human consumption of registered establishments.

Final outcome indicators

• No continuous representative data is available on water quality of the waste discharged and its receptors.

c) Assessment The table below presents aspects linked with the assessment of the indicators analyzed:

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Assessment on formulation and application of indicators for water by the Municipality of Morón Focus of analysis Input indicators Output indicators Intermediate outcome

indicators Final outcome indicators

1. Motivation or origin for the construction of the indicator

Data from the study and control of the level of water tables, and verification of compliance with provincial regulations. Control of drinking water. Has data to calculate output indicators from an economic perspective (e.g. authorisation charges collected).

Data from the study and control of the level of water tables, and verification of compliance with provincial regulations. Control of drinking water.

2. Effective degree of use of the indicator

Continuous data on water tables. Although control of drinking water is a requirement no records of it exist.

A systematic study of the state of the water tables. Due to municipal requirements follow-up is made of compliance with provincial regulation for authorisation.

3. The existence of reference indicators

Municipality has data on inputs and resources allocated to municipal management. It has skilled personnel and the means to organise existing data and prepare other data for the production of input indicators, specifying e.g. what proportion of spending of the respective areas is allocated to water.

For drinking water values, data from the Argentine Food Code is taken into account. For water table levels local hydrogeological values are used.

4. Solidity of information Information on water table levels is sound. Studies of drinking water are made by recognised laboratories. For verification of compliance with provincial regulations, permission must be obtained from the authority. A sample of discharge is taken if a denunciation is made.

No water quality indicators for the area not served

5. Human resources or capacities used in preparing indicator

Although the municipality has personnel to compile the base information, special training must be given in producing the necessary indicators.

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d) Trends observed Although it has been observed that in this matter no inter-area coordination system exists, there is interest in the development of such a system by public officials. The aspects recommended for in-depth study include the interrelation of existing information86 as well as that produced in the future. Another important consideration is the need for specific training in the area of ECE Indicators, to allow the information to be processed and interrelated adequately. This set of factors would make a clear contribution to perfecting the environmental powers of the Municipality of Morón and, also to guiding it through the process leading to the future delegation of powers within the provincial system of industrial location.87

86 E.g. Information from the census of industries in which it appears if permits issued by the Province of Buenos Aires in environmental matters exist, as well as from the Register of the analyses requested from the Zonal Laboratory of the Directorate of Preventive and Environmental Medicine, which can be crossed with the Dept. of Authorisations and the Directorate of General Inspection of the District of Morón. 87 See provincial law 11,459 on industrial location (B.O. 16/12/93)

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9. Indicators selected in questions of air: There follows an analysis of selected indicators that address examples at the three government levels with interest in the study area of the pilot experiment, such as the District of Morón.

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1. Air: Indicators used by the CNRT for gas and sound emissions from vehicles that make interjurisdictional transport of cargo and passengers a) Jurisdictions The Comisión National de Regulación del Transporte (CNRT)88 is responsible for controlling mobile sources for gas and sound emissions in federal, interjurisdictional and international jurisdictions. It checks and authorized the vehicles used in the transport of passengers and cargo for safety and technical conditions through the controls in authorizing the vehicle, roadside checks and the System of Technical Inspection Workshops.89 Regarding the vehicles used in urban passenger transport, it inspects the emissions of exhaust and contaminating gases. It also controls the national transport of cargo and passengers. It is important to bear in mind that in this matter there is a separation between the CNRT and the local jurisdictions as to control functions, which has already been discussed in the chapter on the technical perspective of this report. Data concerning regular transport services in the Metropolitan Area of Buenos Aires appear below: Data on urban passenger transport Regular Services - (RMBA) Year 2003

Number of lines 136 Number of unregistered companies 100 Maximum number of authorised vehicles 10,790 Minimum number of authorised vehicles 7,609 Number of vehicles in circulation 9,342 Average age of vehicles 7.3 years Number of passengers 1.296 billion Kilometres travelled 689 million

Source: www.cnrt.gov.ar (last visit 23/03/06). The CNRT has a data base that, by crossing and classifying, allows indicators to be extracted for the calculation of the pollution load overall and by zones of the various pollutants emitted into the atmosphere by the vehicles in circulation. b) Identification and use of indicators The CNRT has provided substantial information, allowing the following indicators to be identified: Input indicators 88 Interviewed: Inspection and Supervision of Services Area. 89 The compulsory technical checks (RTO are the Spanish initials) are carried out by private workshops under the control of the National Executive Consultancy on Transport (CENT), a body formed by the Universidad Tecnológica National, the Transport Secretariat and CNRT. These workshops are responsible for checking emissions and issuing certification. The results of the RTO for each vehicle are entered into a data base. Faulty vehicles fail the RTO, until the problem is solved. They have approximately 50 inspectors of whom 8 carry out checks on urban passenger transport.

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• Data on inputs and resources.

• The CNRT budget does not specify how much is actually allocated to controlling vehicle

emissions, but this indicator could be constructed if the information were disaggregated. The structure of spending is largely made up of the cost of inspection personnel, and to a lesser extent, by capital goods.

Output indicators

• Number of vehicles inspected, either in the RTO or in spot checks

• No output indicators, such as cost per inspection, are calculated from an economic point of view; however, this indicator can be calculated.

• Concerning the fines collected from offenders, information on actual amounts collected is

not included in computer records, and the incoming amounts are not destined to the area of control but to general tax revenues.

Intermediate outcome indicators

• Registers of the values of gas and smoke emissions that the inspection workshops carry out and send to the CNRT. They can learn the behaviour of vehicles by crossing characteristic details of each vehicle with emission details verified and can obtain compliance with regulations indicators.

• In the CNRT they consider that the greatest impact on the change of behaviour in offenders

is caused by immobilizing the vehicle, while fines are in second place, despite the fact that the amounts of the fines are high and are not related to the offender’s financial position.

Final outcome indicators

• No systematic monitoring of air quality is carried out in the areas of greatest density of vehicular traffic, so the influence of any improvements made in vehicles regarding the base conditions of air quality and the cause-effect relationship are not known.

c) Assessment The following table presents aspects linked with the assessment of the indicators analyzed:

Indicadores Materia Agua y Aire 59

Focus of analysis Input indicators Output indicators Intermediate outcome indicators

Final outcome indicators

1. Motivation or origin for the construction of the indicator

CNRT has a data base it compiles from the information sent to it by the RTO and from roadside checks, the motive for which is contractual. Economic input indicators are not available to the public for financial reasons. Has data to calculate input indicators from an economic perspective (e.g. spending budgeted and executed).

CNRT has a data base it compiles from the information sent to it by the RTO and from roadside checks, the motive for which is contractual. Has data to calculate input indicators from an economic perspective (e.g. cost per inspection).

Indicators on degree of regulatory compliance by regulated vehicles are used in the design of future plans by CNRT Has data to calculate intermediate outcome indicators from an economic perspective (e.g. companies that modified their conduct and type of actions realized)

2. Effective degree of use of the indicator

Few control indicators on waste emitted which are used for the reports they prepare and are published.

Data on compliance with regulations and promotion campaigns. The data and certain indicators are published.

By organising data systematically the CNRT can do historical follow-up and evaluate trends.

3. The existence of reference indicators

The indicators have been constructed according to the control needs of the workshops offering the service. Certain indicators are related to a description of day-to-day activities and their percentage relationship with the commitments made by the workshops.

4. Solidity of information Data is compiled, sorted and systematised by the workshops and sent to the CNRT and may be checked by the control body. From an economic perspective, the compilation is not systematic.

5. Human resources or capacities used in preparing indicator

The human resources that generate the basic data for the indicators (authorised workshops) are skilled, as are those of the CNRT.

No indicators to evaluate the modification in air quality resulting from the vehicles checked.

Assessment on formulation and application of air indicators used by the CNRT for gaseous emissions

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d) Trends observed Certain information can be systematised for improved use and enforcement in the control activities carried out by the CNRT, linking input, output and intermediate and final outcome indicators. Concerning the offences and corresponding sanctions imposed, as well as the fines effectively received by the body, there is a checklist used for audits that could serve as input for the calculation. There is also a need to link this information with that from the Legal Department that follows up the summary proceedings. Controlling the new equipment certified and authorised by SAyDS after the emission of the certificates, and the inclusion of this control in the checks carried out by CNRT, are vitally important,. At present there is a public transport promotion service, which involves not raising fares and opening bus-only lanes. This incentive could be combined with the need to comply with the objectives laid out bye the regulations on gas emissions.

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2. Indicators of the system of fixed sources of gaseous emissions in Buenos Aires Province a) Jurisdictions In air, the Province of Buenos Aires has a legal framework applicable to fixed sources. The SPA is the control authority for fixed sources of air pollution,90 and is responsible for classifying industries91, studying the feasibility of their location and granting permission to discharge gaseous waste. Permission is granted for two years, like the Certificates of Environmental Suitability, and the renewal of both must be requested jointly. Every three years as a maximum the SPA must check quality standards and guidelines on air quality, emission, odour threshold and scale of odours.92 The table of maximum acceptable values for air quality established by Res. SPA 242/97, which modified appendix II of Decree 3395/96, allows for follow-up on the variation of atmospheric parameters that appear in the following table of application:

90 Law Nº 11,459 on industrial location.91 Decree Nº 3395/1996 which regulates Law Nº 5965, art. 4. Those affected must submit their form (affidavit), included in appendix II of the Decree, to the SPA. The form must be supplied by the SPA. Within 60 days the Authority must grant permission to discharge waste, which will be revocable. If the subject is not in a position to obtain the permission to discharge gaseous waste as it does not conform to the regulation, it must submit an adaptation schedule that must contain full details of the proposals and periods of adaptation to the provisions of this decree, in which case the SPA will grant permission to discharge waste on the condition that it strictly complies with the schedule presented and opportunely approved. 92 Included in the appendices to Decree Nº 3395/96

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Appendix III Ambient air quality standard Table A Basic Pollutants

Pollutant

Symbol mg/m3

ppm Period of time

Sulphur dioxide

SO2

1.300 (7) 0.365 (7)

0.080

0.50 (7) 0.14 (7)

0.03

3 hours (2) 24 hours (1) (3)

1 year (1) (4)

Suspended particulate matter (PM-10) (6)

PM-10

0.050 0.150 (7)

1 year (1) (2) 24 hours (1) (2 (3)

Carbon monoxide

CO

10.000 (7)

40.082 (7)

9 (7)

35 (7)

8 hours (1)

1 hour (1)

Ozone (Photochemical oxidants)

O3

0.235 (7)

0.12 (7)

1 hour (1) (2)

Nitrogen oxides (expressed as nitrogen dioxide)

NOx

0.367 (7) 0.100

0.2 (7) 0.053

1 hour (1) (2) 1 year (1) (2) (4)

Lead(5)

Pb 0.0015 (arithmetical mean )

3 months (1) (2) (4)

(1) Primary standard. (2) Secondary standard. (3) 24 hours measured between 1000 hs on day 1 and 1000 hs on day 2. (4) Arithmetic mean in the period studied. (5) Determined on the basis of total particulate matter (TPM). (6) Particles with a diameter less or equal to 10 microns. (7) Cannot be exceeded more than once a year. Observations: The values in this table refer to standard condition (Temperature: 25oC and Pressure of 1 atmosphere). Reference: US National Ambiental Air Quality Standards, (NAAQS). Decree 3395/96 creates a Permanent Review Committee made up of recognised professionals specialising in the question of gaseous waste, whose function is to update the standards.

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b) Identification and use of indicators From the study the following indicators have been identified and will be described below. Please note that economic indicators have not been studied due to the fact that access to the respective information was not possible. Input indicators

• Data on inputs and resources Output indicators

• Number of establishments that have made their affidavit with studies of emissions and their correlation with air quality by diffusional mathematic models.

• Records of establishments with problems of air pollution according to area, allowing areas

of risk to be established.

• Data on industrial establishments closed by the SPA since 2004. The resolutions that determine closure appear on the SPA web page93, based on which it can de decided which sanctions correspond to the question of gaseous waste.

The following charts have been prepared to illustrate the percentage of sanctions imposed by the provincial authority in questions of gaseous waste over the total recorded for the Province of Buenos Aires.

Source: FARN 2006.94

93 http://www.spa.gba.gov.ar/clausuraslevant/index.html 94 Of a total of 31 sanctions imposed, 18 corresponded to offences for gaseous emissions.

64 FARN

Source: FARN 2006.95

Intermediate outcome indicators According to the registers mentioned and the inspections made, in some cases by extracting samples of emissions from the conduits into the atmosphere, they intervene by requesting that the conditions causing the air pollution be corrected. They have the means to follow up these modifications. The drawback is the low number of inspections they can carry out given the great administrative burden placed on the sector with recording all affidavits. There is also a strategic problem - that in general the inspections they carry out are made on the registered universe, which according to estimates from members of the Advisory Council is 40% compliance.

95 Of a total of 44 sanctions imposed, 25 corresponded to offences for gaseous waste.

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Final outcome indicators Air quality is not monitored systematically, so in areas with environmental commitment, the base conditions of air quality and the cause-effect relationships are not known. Measurements are only made on the basis of specific denunciations. c) Assessment The table below presents aspects linked with the assessment of the indicators analyzed:

66 FARN

c) Assessment on formulation and application of indicators on the system of fixed sources of gaseous emissions in the Buenos Aires Province

Focus of analysis Input indicators Output indicators Intermediate outcome indicators

Final outcome indicators

1. Motivation or origin for the construction of the indicator

Personnel compile and evaluate the basic data from the fixed-source emitters (affidavit), as demanded by the applicable regulations.

Have internal indicators that are not used to officially reformulate the control programme and are not published

Have internal indicators that are not used to officially reformulate the control programme and are not published

2. Effective degree of use of the indicator

The indicators that allow an evaluation of the degree of compliance with the programme of follow-up and control are internal to the sector and are not published

Has certain isolated unsystematised data on air quality. The data allows the identification of areas of environmental risk caused by emissions and air quality from affidavits and certain isolated measurements.

3. The existence of reference indicators

In general use as reference indicators those from the EPA (e.g. table above).

4. Solidity of information The information compiled from the affidavits of the fixed-source emitters is not systematically verified by the control body (SPA)

5. Human resources or capacities used in preparing indicator

The human resources that work in the specific area if the control body are skilled. There are shortcomings related to the physical resources and an insufficient budget allocation.

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d) Trends observed It is fundamental that the authority should organise existing information in a system of input, output, intermediate and final outcome indicators. The enforcement authority must check every three years as a maximum the air quality standards and air quality, emission, odour threshold and odour scale guidelines. This has not been carried out. As mentioned above, it is fundamental that the universe of industries controlled is not only made up of registered industries, but that plans are made to incorporate more such establishments. The industrial establishments making emissions into the atmosphere that are considered risky, due to the special constituent elements detailed in the regulation96, must implement monitoring programs and keep a written record of them. This record must be complemented with air quality measurements.97 This information would allow output indicators to be linked with outcome indicators since the regulation establishes the need for continuous monitoring of air quality. Lastly, the need is observed for the information in the register to be available to the public to allow correct transparent control by the authority and the community. 3. Indicators applicable to vehicles checked at the roadside by Morón City Council a) Jurisdictions As regards mobile sources, the Province of Buenos Aires has its own legal system. Under the Provincial Traffic Law98, the province requires that private vehicles, as well as transport made within its territory, comply with the Vehicular Technical Verification (VTV), and to that end authorized specific workshops to do the work, and has statistics on who has undergone the VTV. The authority in the matter is the Transport Secretariat. Locally, Morón City Council must exercise control of mobile sources by applying the Provincial Traffic Law. It must thus make compulsory monthly technical checks quickly and at random in the street. It must be mentioned that the concession holder who takes the VTV within the municipal area is the one who makes the corresponding random check together with the municipal authority. b) Identification and use of indicators The following indicators have been identified in Morón: Input indicators

• Data on inputs and resources 96 Law Nº 11,720 and its regulations. 97 Decree 3395/96 art. 18 The complementary studies and monitoring programs must be submitted to the Enforcement Authority when permission to discharge is requested and upon renewal or request from the Enforcement Authority. 98 See Law Nº 11,430 Province of Buenos Aires.

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Output indicators The workshops that in the municipal district have records of the vehicles checked, either in the VTV or in random checks. The data includes those vehicles that failed the check on gaseous waste emissions. Intermediate outcome indicators Roadside tests are filed for the possible preparation of a register of the vehicles inspected. Although specific indicators have not been drawn up, it could be done. An example could be the calculation of indicators of vehicles inspected in comparison with the total number of vehicles, to reveal the degree of compliance with the regulation.

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Final outcome indicators Air quality is not monitored systematically or in the areas of greatest traffic density, therefore the influence of the improvements made in the vehicles on the base conditions of air quality and the cause-effect relationship are not known. c) Assessment The table below presents aspects linked with the assessment of the indicators analyzed:

Focus of analysis Input indicators Output indicators Intermediate outcome indicators

Final outcome indicators

1. Motivation or origin for the construction of the indicator

Has data to calculate input indicators from an economic perspective (e.g. spending budgeted and executed).

Has data to calculate output indicators from an economic perspective (e.g. cost per inspection).

Has data to calculate intermediate outcome indicators from an economic perspective (e.g. drivers/companies that modified their conduct and type of actions they carried out)

Do not measure air quality in areas where they evaluate vehicle emissions, therefore there are no outcome indicators.

2. Effective degree of use of the indicator

Reports are made when a fine for violation is requested Do not measure air quality in areas where they evaluate vehicle emissions, therefore there are no outcome indicators

3. The existence of reference indicators

There are no reference indicators since no environmental indicators or others have been designed

Do not measure air quality in areas where they evaluate vehicle emissions, therefore there are no outcome indicators

4. Solidity of information The data collected is on paper and is not in a computerised data base. However, it is filed on computer and can be used to construct a data base. The information provided by the concession holder is reliable since the equipment used is calibrated and authorised.

Do not measure air quality in areas where they evaluate vehicle emissions, therefore there are no outcome indicators

5. Human resources or capacities used in preparing indicator

The human resources are not specifically trained to measure vehicle emissions and do not have the instruments to do it. The data is provided by the concession holder who does have trained personnel and the means. It would be opportune to organise training activities for the generation of indicators and their use.

At municipal level and in the area of the of the concession holder of the VTV there are no means or human resources to evaluate the effects of spot checks on air quality .

Assessment on formulation and application of indicators applicable to vehicles checked at the roadside by the Council

70 FARN

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d) Trends observed The importance of recording all the information obtained from vehicle checks so that it can be shared with other areas was observed. This record would allow a monthly analysis of the behaviour of the vehicles and indicate whether there is a rise or fall in the level of infringement. The information could also be useful in redefining control operations. Resources are needed to carry out the relevant measurements in order to verify that the regulation is being observed, after the offence and the payment of fines. The information on offences is reviewed in the case of hire cars, taxis and school transport, because a certificate showing the vehicle is free of debt, with information on offences committed in previous years, must be produced when renewing authorisation. A follow-up mechanism in the Small Claims Court has been operational since 2000 and seeks to speed up proceedings for taxpayers on any sort of vehicle who require that information or service, and includes checks on vehicle emissions.99 As to the cross-referencing of data between the provincial and municipal authority, the provincial body does not request a municipal certificate showing the vehicle is free of debt for public transport, although this would be appropriate considering the importance of that follow-up. The fines imposed on those responsible for public passenger transport are paid in the council offices and are allocated in part to the province and in part to the council. Lastly, the need has been identified to train staff in the areas on technical aspects for vehicle control, and the systematisation of the corresponding information.

99 Consultation with Dr. Enrique Louteiro, Small Claims Court Judge of the District of Morón.

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10. Conclusions Effective management control, by means of a system of indicators, allows for the programming of policies, regulations, goals, assigning resources and assessing trends in application. Consequently, and as the principal reflection of this investigation, after a study that shows the existence of diverse unsystematised indicators, we can conclude with the need for a system of ECE indicators in the Argentine Republic. We understand that the preparation of a system should comprise several guidelines linked to the institutional, economic and technical aspects analyzed, and that basically it should be based on existing capacities and resources, to optimise them, and identify and generate those tools that might serve to secure a systemic analysis, which does not present isolated but interrelated indicators, transparently and usefully. This step goes beyond the mere text of the regulation and seeks to analyse trends in compliance and enforcement, to allow the programs and activities of compliance and enforcement of the regulations to be strengthened, to perfect performance, and to contribute to governance serving also as a tool of analysis and link between governors and governed. Below we include aspects that we consider core if a system of indicators is to be possible. It should be remembered that our analysis is based on experiences in the pilot activity in the study area in questions of water and air in the sample analyzed. Nevertheless, we had to gather transversal and institutional information on aspects that not only concern water and air, but also other environmental and public topics, such as budget analysis, control between bodies of the executive power itself and between the legislature and the executive nationally, aspects linked to the concession of public services and the functioning of information systems. Despite the change in the corporation responsible for providing public drinking water and sewer services in the area covered by the concession holder, Aguas Argentinas S.A., it should be borne in mind that the indicators studied on the latter and the control body (ETOSS), are of fundamental importance in defining the indicators to be established in the new framework. a- Information and the interrelation of indicators Aspects linked to the production, systematisation, administration and access to information are fundamental in the question of ECE indicators. We understand that it should lead to the development of a system of information in a framework of transparency and free access, in accordance with the provisions of the General Environmental Law and the Law of Access to Public Environmental Information. To carry out that objective, existing capacities should be used and optimised. As mentioned above, the SIAN is the existing system, institutionalised by the COFEMA for that purpose. From the experiments and the analysis carried out in, the system needs to be brought up to date, and a lack of incorporation of specific details linked to ECE indicators has been observed. Despite that, the different institutional nodes have been created and provide a departure point to integrate such information. We cannot ignore the fact that, considering the analysis of the chosen indicators, computerised records exist that could be perfected and linked, and that could be of use as a pivot for the integral development of indicators (e.g. Register of authorised interjurisdictional transport and registers of complaints to the CNRT, reports from Aguas Argentinas and ETOSS and record of claims from the latter). As regards the indicators identified and their interrelation, according to the survey, a greater number of input indicators and clear failings in the scant information on final outcome indicators have been identified. As regards the indicators located between input and final outcome, identification fell as

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progress was made with the analysis of the output and intermediate outcome indicators. However, the important thing is that identification could be made of input, output and intermediate outcome indicators, to a greater extent than of final outcome indicators. So various reflections and recommendations to bear in mind arise. Firstly, the need to optimise the relation between the input, output and intermediate outcome indicators, which although they serve to assess part of the procedure will be a tool to assess the performance and impact of compliance and enforcement activities. (For example, what happens after activities are programmed, resources allocated, inspections made and offenders sanctioned?). Likewise, and regarding the final outcome indicators, having information on air and water quality is a need, and its link with the other indicators will contribute to measuring the impact on environmental quality of the measures adopted in enforcing and complying with the regulation. We believe the interrelation between indicators and the generation of information to achieve final outcome indicators can be very useful, with the aim of making the most of existing capacities, tending to interaction of the technical and academic support bodies in this framework. We detected that the latter bodies very often have personnel and adequate techniques that could be of use to the State in the development of this type of indicators (e.g. INQUIMAE measurements, agreement between the UTN and the District of Morón) b. The economic aspects An important aspect that is also related to the interaction between the various types of indicators concerns the need to link information on output and outcome indicators with spending budgeted and executed by the state. The budget per programme system which, by virtue of its different dates of implementation, reveals considerable development in national administration, and less in the Province of Buenos Aires, and even less in Morón, provides a suitable framework for the development of enforcement and compliance indicators. Nevertheless, this requires: firstly, an improvement in the implementation of the current system; secondly, a greater development of general indicators in the programs; thirdly, greater detail in environmental programs and a disaggregation of goals and activities according to the natural resource affected. In addition to these considerations, a current trend that can contribute to the development and use of compliance and enforcement indicators, such as the incipient culture of making, an assessment of management in the budgetary field and presenting it publicly, should not be forgotten. This is beginning to be felt in the budget areas of the three jurisdictional levels studied and in the auditing areas of the different bodies. The trend is towards a greater use of indicators. Another aspect not included in the budgetary calculations but which should be borne in mind, is related to the cost for the state of the existing deficiencies in compliance and enforcement, i.e. when problems in control lead to greater costs for restoring the environment, responding to the health problems of the population, following up the case and the payment of compensation in the legal cases brought against the state in this question. As regards the intermediate outcome indicators, there is a gradual increase in demand on companies to have performance indicators, even if only to meet company and economic objectives and not necessarily in response to national, provincial or municipal regulations.

74 FARN

c- Supporting regulations and the institutional aspects of the system The development and use of ECE indicators deserve to be included in the annual environmental report prepared by the National Executive Power, in accordance with the provisions of article 18 of the General Law on the Environment. The obligation to produce information is stipulated in the same article of the LGA, which is like a mandate for all provincial and municipal authorities. As mentioned, the budget, both as regards its preparation and execution, is a particularly useful base and framework for indicators of this kind. However, despite the existence of these regulations, it would be positive if provincial legislatures, on the one hand, and the National Congress on the other, which have the power to sanction laws on minimum standards, were to include in their environmental regulations the design and use of compliance and enforcement indicators by the control authorities. This would explicitly make design indicators obligatory, principally on performance and impact, thus revealing trends and developments in environmental phenomena, and in strategic planning and programming of actions and resources. Designing a system of environmental indicators to allow follow-up of progress of a programme or action over time so as to assess behaviours and efficiency and effectiveness very simply would be particularly positive. To that end the system should have parameters indicating advances and regression in environmental matters. One relevant aspect in the production of information and indicators, as well as their coordination and compatibility, is interinstitutional and interjurisdictional relations. An example of the first is the agreement recently signed between the national environmental authority and the provincial water authority with a view to organizing and clarifying policing powers in the matter, as well as coordinating aspects related to parameters to be considered in the area covered in Greater Buenos Aires in the Province of Buenos Aires including the Municipality of Morón. Likewise, and specifically on the question of the Municipality of Morón and the national and provincial enforcement authorities, two aspects emerge for consideration in pursuit of such interjurisdictional coordination. On the one hand, the scope of the cross checks on compliance with provincial regulations carried out by the municipality. On the other, the need for the municipality to have the necessary technical capacity and the means to exercise its environmental policing power and aspire to receive the delegation of powers provided for in provincial regulations. However, it cannot be ignored that this forms part of a provincial reality which is adverse to municipal autonomies that must be recognized in accordance with the National Constitution. As regards the institutions that enforce regulations, from the information studied it emerges that the bodies regulating the public services of private companies have specific guidelines on the obligation to generate specific indicators. This situation does not carry the same emphasis when the control is exercised directly from the state towards the regulated community. For this reason, it is necessary to institutionally strengthen the control by regulatory bodies of concession holders of public services to encourage them to systematise information on indicators of this kind. On the other hand, enforcement bodies which directly control the regulated community should be urged to incorporate these indicators systematically. Notwithstanding this comment, those entities that have transversal jurisdictions and that exercise control of public administration from its different functions (Ombudsman, AGN, SIGEN), are also deserving of consideration, especially at national level. They could interact in this framework and

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objectivise the choice and application of ECE indicators, preventing a marked bias by the sole assessment of the enforcement authority. It is fundamental to consider the role of the community as a whole in the design and use of the indicators, and the importance of these indicators in the improvement of management. They should not be viewed merely as a formal report whose content only seeks to justify actions by the state, both in proceedings and in results. It is thus fundamental that together with the identification, design and use of indicators there should be not only intergovernmental coordination but also institutionalized participation of civil society in carrying out a process that truly responds to a global and not partial view of the problem.