Main provisions of this Supreme Decree

1. Deadline for environmental adaptation and for submitting the corrective environmental management instrument

• A new exceptional term has been established for owners of solid waste infrastructures who, as of the effective date of this Supreme Decree, either (i) do not have an approved environmental management instrument (IGA) or (ii) have executed expansions and/or modifications without following the corresponding modification procedure. These owners may submit the Environmental Adaptation Form (FAA) and the corrective IGA according to the following terms:

*As from 16 January 2025

• The FAA is not a prerequisite for the administrative procedure for evaluating the corrective IGA.
• The corrective IGA approved for expansions and/or modifications executed without the corresponding IGA will be incorporated in the next modification or update of the IGA for the solid waste infrastructure activity. The corrective IGA approved for these expansions or modifications cannot be further modified or updated.
• Owners of degraded areas of municipal solid waste and construction and demolition waste are exempt from this provision.

2. Modifications planned within the framework of the adaptation of executed activities

• During the adaptation process, owners may include planned modifications and/or expansions in the corrective IGA, provided that the negative environmental impacts are not significant.
• Modifications and/or expansions that generate significant impacts must be processed through the preventive IGA, which must be incorporated into the corrective IGA of the approved activity. These provisions also apply to solid waste conditioning areas, as appropriate.

3. Other provisions

• The deadline for the adaptation of degraded areas for reconversion and recovery has been extended.
• Until the Ministry of Environment issues a final pronouncement on the corrective IGA, the OEFA will carry out orientative supervisions without punitive purposes. However, if significant risks are identified or the effectiveness of environmental control is affected, administrative measures may be dictated. This provision does not apply to owners who fail to submit the corrective IGA by the deadline granted in this Supreme Decree.
• Owners of solid waste activities not subject to the National Environmental Impact Assessment System that do not have an approved Environmental Technical File must submit a DP within four years. Upon expiration of this period, the owner must submit the DP, without prejudice to the supervision actions determined by the environmental oversight entity.
• The administrative procedures for approving corrective IGAs that are in process at the time this Supreme Decree comes into force will be governed by the previous regulations under which the procedure began, until the evaluation process is completed.

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We hope this information is of relevance to you and your company. Please do not hesitate to contact us if you require any advice in this regard.

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