OEFA imposed environmental fines for more than S/822 million

Between the years 2021 and 2023, the Environmental Assessment and Enforcement Agency (OEFA) imposed more than S/822 million 459,034 in fines for environmental violations, most of them directed at the supervised mining and hydrocarbon sectors.

According to official information from the regulatory body, in 2023 firm fines were imposed – in which the company did not appeal or, when appealing, the amount varied – for almost S/281 million 953,943 (56,960 UIT); in 2022, for S/214 million 398,144 (46,608 UIT); and in 2021, for S/340 million 929,990 (74,115 UIT).

It is one of the most important records since the creation of OEFA, in 2008. Last year alone, the mining sector was sanctioned with a total of S/198 million 851,994, 70% of the total sanctions for that year. Further behind was the hydrocarbon sector, which reached S/47 million 594,745.

But if we go back to the history of the last three years, we see that the mining industries received sanctions for more than S/576 million 333,032; hydrocarbons, S/196 million 253,833; the industry, S/36 million 197,144; and agriculture, S/25 million 116,858.

This last case is particular, since OEFA only began to directly supervise the agricultural sector from 2023, although before that it could impose fines. This year, they will also receive the responsibility for housing, sanitation, health and education, says the head of the organization, Johnny Marchán.

Mining gone awry

Regarding mining, Marchán points out that one of the main violating agents is the Aruntani mine, with operations located between the border of Apurímac and Cusco, largely due to the lack of honesty of the Ministry of Energy and Mines (Minem) to limit it and lead remediations.

“This is actually happening to all sectors. When we received the agricultural competence, only 2% of those administered had Environmental Management Instruments (IGA) and, in addition, Midagri never supervised them on environmental issues,” the executive clarifies.

In this sense, Marchán clarifies that, although it is true that the OEFA is the entity in charge of carrying out the inspection, the truth is that the sector that promotes the activity cannot separate itself from its commitment to the industry. He recognizes, however, the positive progress of some administered in recent years, such as electricity.

In any case, since 2021, fines equivalent to 118,104.93 UIT have already been challenged, more than half imposed during this period. Among them, those of Repsol stand out, a company that has so far challenged more than S/97 million after the Ventanilla spill, in 2022. “This year, we will receive four sectors and, surely, we will have a similar problem, where we have just OEFA will provide the rigor,” he says.

OEFA and its supervisory role for 2024

OEFA has applied 28 administrative measures to Repsol since 2022, some of them already expired and others in the process of being addressed. Of these, 17 are still in process, basically cleanup arrangements in the spill area.

OEFA has its second instance, which is the Environmental Inspection Court. The appeal of the fine comes to them in the first instance and they decide whether the fine is maintained or varied. It has been the case that it even increases.