Ágora
Environmental Law · Venezuela · Environmental Series
Hazardous Waste in Venezuela
The current regime every company with operations in Venezuela must build into its planning from day one
María Eugenia Reyes · Ágora Abogados SC · 2026
Regulatory framework
Decree No. 2,635
Control of hazardous materials and waste · OG 5,245 · 1998
Law on Hazardous Substances
Generation, transport, final disposal · OG 5,554 · 2001
Both instruments are in force. The 2001 Law did not repeal Decree 2,635 — it operates as subordinate technical regulation.
The 4 obligated parties — liability is not transferred by contract
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Generator
Produces the material or waste as a result of its activity. First link in the chain.
Key obligation
Registration with MINEC. Emergency plans. Bears the greatest liability.
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Transporter
Moves the material between the generation point and the treatment or disposal site.
Key obligation
Must carry the safety data sheet, dispatch guide, and insurance policy at all times.
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Storer
Temporarily holds the material under controlled conditions.
Key obligation
Prevent migration to the environment. Keep incompatible materials separate. Observe maximum storage time.
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⚠️
Final-disposal operator
Treats, eliminates, or confines the hazardous waste.
Key obligation
Requires express MINEC authorization. Disposal only in authorized security landfills.
Operational obligations — apply from the project design stage
Registration with MINEC in the Registry of Activities Capable of Degrading the Environment
Classification under UN systems, updated by ratified international treaties
Emergency and contingency plans designed and implemented by generator and transporter
Controlled storage — incompatible materials separated, maximum storage time regulated
Final disposal only in MINEC-authorized security landfills — unauthorized disposal is a crime
Prior authorization to import recoverable materials — without it, return to country of origin
María Eugenia Reyes
Ágora Abogados SC