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Environmental Alert – November 2019

ALERT – ENVIRONMENTAL

Amendments to Regulation of environmental emergency report on activities under OEFA authority

Pursuant to Directing Board’s Resolution No. 028-2019-OEFA/CD published yesterday November 28, 2019 in the Official Gazette “El Peruano”, whereby it is set forth to amend the Regulation of environmental emergency report on activities under the Environmental Assessment and Control Agency (OEFA) authority. Said Regulation was approved by Directing Board’s Resolution No. 018-2013-OEFA/CD in 2013.

One of its most relevant amendments is to shorten the deadline to report an environmental emergency incident to OEFA, and submit the pertinent preliminary report. Said deadline has been shortened from 24 hours to 12 hours only upon environmental emergency incident. There is no amendment to 10-business day deadline for submitting the final report.

Likewise, pursuant to his regulation, new formats are approved for such preliminary and final reports (Exhibit I and Exhibit II, respectively).

It should be mentioned that, pursuant to Directing Board’s Resolution No. 018-2013-OEFA/CD, environmental emergency means the “sudden or unforeseen event arising from natural, human or technological causes that affects the activities of the entities subject to this regulation, and causes or may cause damage to the environment”. In addition, environmental emergency cases that must be reported mean fire, explosion, flood, hydrocarbon spill, and disposal of tailings, toxic or dangerous substances, and production water or wastewater.