In accordance with current environmental legislation, the Ministry of Environment and Natural Resources may impose various administrative sanctions for non-compliance with the provisions of an environmental authorization, without prejudice to any civil and/or criminal liabilities that such non-compliance may entail.
The Regulation for Environmental Control, Monitoring, Inspection, and the Application of Administrative Sanctions establishes that inspectors from the Ministry of Environment are authorized to adopt the necessary measures, such as the suspension of activities, seizure or confiscation of objects, among others, for preventive purposes or when the existence of an administrative violation causing environmental damage, danger, or an imminent risk to the environment and natural resources has been verified.
Environmental Authorizations may also be suspended or revoked when non-compliance with the Environmental Management and Adaptation Program (PMAA) or with applicable environmental regulations is evidenced, where such non-compliance may involve risks to natural resources, environmental quality, or human health.
Finally, if an environmental offense has been committed as a result of a decision made by a company’s management within the ordinary course of its commercial activities, the company responsible for the damage may be subject to a prohibition from carrying out the activity in connection with which the environmental offense was committed. Such prohibition may apply for a period of one (1) to three (3) years or may be permanent in cases involving serious damages, including the poisoning of human groups, destruction of habitats, or irreversible contamination.
