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The Agency for Environmental Assessment and Enforcement Modifies the Regulation for Environmental Control Actions

The Agency for Environmental Assessment and Enforcement Modifies the Regulation for Environmental Control Actions

23/11/2020

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On November 12th, 2020, the Agency for Environmental Assessment and Enforcement (Organismo de Evaluación y Fiscalización Ambiental – OEFA) published resolution Nº 18-2020-OEFA/CD (“Resolution 18”), which modifies the regulation for environmental control actions and the monitoring of environmental control authorities during the current health emergency (the “Regulation“). The Regulation sets forth the criteria to regulate the agency´s environmental control faculties.

The main provisions of Resolution 18, are:

(i) Suspension of terms related to ongoing essential activities

Compliance with obligations related to the submission of reports, monitoring and any other information of an environmental or social nature, which must be presented to OEFA and involves field work, is suspended from March 16th, 2020 until: (i) OEFA verifies the registration of the Supervised Entity’s Surveillance, Prevention and Control Plan in the SICOVID-19 Platform, or (ii) when OEFA notices that the Supervised Entity is carrying out such activities without having the SICOVID-19 Registry.

(ii) Administrative proceedings deadlines

– Resolution 18 confirms that the deadlines for administrative proceedings and the exercise of the environmental control functions by OEFA, have been suspended from March 16th, 2020 until the activity subject to supervision

– Resolution 18 includes a new provision, indicating that, with respect to: (i) investment projects that have ceased or whose execution has been abandoned before March 16th, 2020 and (ii) those related to ongoing essential activities, the deadlines for the administrative proceedings and for the enforcement of environmental control by OEFA will resume seven (7) days after Resolution 18 is published (meaning, on November 24th, 2020).

Finally, Resolution 18 confirms that the deadlines for the administrative proceedings, where OEFA is in charge, are resumed as of the date of the publication of the Regulation (June 7th, 2020), when:

a) OEFA notices that the activities are being carried out without the registration of the Surveillance Plan in the SICOVID-19 platform.
b) The Supervised Entity expresses its consent in writing to OEFA, for OEFA to continue with the administrative proceeding or environmental enforcement activity.
c) The final evaluation report, supervision report or administrative resolution does not hold the Supervised Entity responsible.
d) Supervised Entities carry out essential activities related to the collection and cleaning of solid waste of which the municipalities are in charge, or to waste management, either at solid waste treatment infrastructures or in areas degraded by solid waste that have been set for recovery or reconversion.