Law 98-25 redefines solid waste management and strengthens control over single-use plastics.
SANTO DOMINGO – The Dominican Republic is beginning a regulatory transition with the enactment of Law No. 98-25, which amends Law 225-20 on Integrated Management and Co-processing of Solid Waste. The legislation mandates the gradual elimination of non-biodegradable foam)
The new regulation also establishes a ban on importing straws, cutlery, lids and foam cups that do not have biodegradability certification.
The legal text states that within the sale of uncertified plastic straws and utensils will be prohibited
The law makes an exception for thermal foam containers with attached hinged lids for food.
It also stipulates that the free distribution of single-use plastic bags
Substitutes and replacement deadlines
Law 98-25 states that national producers will have 24 months to replace foam plates and trays with biodegradable alternatives.
The regulatory framework recognizes recycled paper, sugarcane bagasse, bamboo, and reusable utensils as valid options.
The regulations also stipulate that municipalities and municipal districts will have 36 months to implement source separation and selective collection programs.
It stipulates that the return to work must be mandatory within 12 months. It also orders that national programs for the social inclusion of waste pickers .
The relevant article grants a maximum of 48 months for the definitive closure of open-air landfills throughout the country.
Certification and quality control
Article 154 of Law 98-25 establishes that products must demonstrate a minimum degradation of 20% in the first year or 90% in five years.
Article 161 expressly prohibits foam that does not incorporate biodegradable additives.
The regulations state that the Dominican Institute for Quality (INDOCAL) will be responsible for the technical evaluations, while the Ministry of Environment will issue the certification regulations.
It also mandates annual audits of manufacturers and importers to verify compliance.
System of sanctions and contributions
Article 36 establishes a mandatory annual contribution that ranges from RD$3,000 for companies with income up to RD$1 million to RD$650,000 for companies with operations exceeding RD$100 million.
The provision states that these payments will be deductible from income tax and adjusted according to the consumer price index.
Article 164 establishes that non-compliance with dates and prohibitions will be sanctioned as a serious offense, with fines of 25 to 99 minimum wages in serious cases.
The regulations also stipulate that in very serious situations, such as repeat offenses or the use of non-biodegradable foam, penalties can reach up to 1,000 minimum wages, in addition to temporary or permanent closure of facilities.
The legal text also contemplates the suspension of permits and disqualification from operating for a period of up to two years.
