Pucusana approves ordinance to contain and clean blood waste spills

The District Municipality of Pucusana approved Ordinance No. 399-2026/MDP, which obligates fishermen, transporters, and other responsible parties to prevent, contain, clean, and recover local public spaces affected by spills of fish blood (sanguaza), residual liquids, and hydrobiological waste. The regulation was approved via Council Agreement No. 048-2026/MDP, dated August 31, 2026, and was published in the Official Gazette El Peruano on Thursday, October 15, 2026.

The Municipal Council of Pucusana approved the ordinance by the unanimous vote of the five council members attending the ordinary session on August 31, 2026, as recorded in Council Agreement No. 048-2026/MDP. Mayor Juan José Cuya Espinoza signed both documents. The votes in favor were:

• Teresa Loayza Quispe
• César Antonio Navarro Arias
• Manuel Armando Navarro Chumpitaz
• Rolando Espinoza Campos
• Sandra Paola Canchanya Espinoza

The regulation is based on Law No. 27972, Organic Law of Municipalities, which recognizes as an exclusive district function the provision of public cleaning services and the control of sanitation, hygiene, and health in beaches and other public places; Law No. 28611, General Environmental Law; and Law No. 31199, Law for the Management and Protection of Public Spaces.

What it prohibits and who it obligates

The ordinance applies to natural or legal persons who, within the district of Pucusana, generate or allow spills, runoff, or abandonment of fish blood, residual liquids, contaminated ice, or hydrobiological waste in public spaces under municipal administration. The following are prohibited:

• Discharging, pouring, throwing, draining, or allowing the dripping, filtration, or runoff of such waste in local public spaces.
• Washing vehicles, chambers, boxes, containers, vessels, equipment, or implements linked to hydrobiological products on public roads when the resulting liquids run off into a public space.
• Abandoning hydrobiological remains, contaminated ice, containers, packaging, wrapping, or materials impregnated with organic matter.
• Conducting fish blood or waste toward beaches, green areas, storm drains, or sinks.
• Omitting initial control and containment actions in the event of a spill.

Immediate attention and oversight

In the event of a spill, the responsible party must stop or control the source, temporarily delimit the affected area, contain and collect the liquids, clean the space, and manage the waste in accordance with solid waste regulations. They must also immediately notify the Municipality if the spill reaches a beach, a storm drain, a green area, or is of a magnitude that cannot be controlled with the available means.

Municipal personnel may verify spills and visible impacts, identify alleged responsible parties, request the cessation of the discharge, and demand the containment, collection, cleaning, and immediate removal of waste, in addition to drafting reports and gathering photographs, videos, location records, and statements.

Infractions, sanctions, and validity

The behaviors classified as infractions are incorporated into the current Single Table of Administrative Infractions and Sanctions (CUISA) of the District Municipality of Pucusana, along with the fines and corrective measures of the Single Annex. The sanctioning procedure is processed in accordance with the Single Ordered Text of Law No. 27444, Law of General Administrative Procedure.

In addition to the fine, the authority may order the cessation of the behavior, the containment of the spill, the collection and removal of waste, the cleaning of the area, and the recovery of the affected public space. The ordinance enters into force thirty calendar days following its full publication, after a prior period of dissemination and guidance of another thirty days.

The regulation expressly delimits its competence: it does not regulate traffic, circulation, routes, or vehicle authorizations, and it does not replace the competencies of SANIPES, DICAPI, ANA, OEFA, PRODUCE, MTC, or SUTRAN. When the event exceeds municipal competence, the municipality communicates the proceedings to the competent entity.

With this ordinance, Pucusana provides itself with a specific instrument to combat pollution by fish blood (sanguaza) on streets, sidewalks, the boardwalk, and beaches, a recurring problem in a fishing district. Fishermen, transporters, and merchants in the hydrobiological sector must adapt their operations and respond with immediate cleaning in the event of any spill, under risk of a fine.

Source: Official Gazette El Peruano, No. 19576, Thursday, October 15, 2026, Legal Norms section, pp. 114-120 (official reference: Ordinance No. 399-2026/MDP, cve 2564658-1; Council Agreement No. 048-2026/MDP, cve 2564646-1).