The need for an establishment to obtain an Environmental Impact Authorization prior to any of its operating phases has already been discussed in previous editions.
As has also been seen, this type of Authorization is not perpetual, which is why it is very important to actually control the time periods contained therein for each of its phases.
Strictly linked to the issue of time periods is the significance of any conditions that may arise in an Authorization, which, if not dealt with effectively, may lead to its termination.
Article 35 of the General Law on Ecological Balance and Environmental Protection determines that, once an application for an Environmental Impact Authorization has been submitted, after the due evaluation steps have been carried out, the Competent Authority will issue a resolution that may:
- Issue, without further ado, the referenced Authorization;
- Reject it;
- Issuing the same in a conditional manner.
It is a common practice that, within the establishments, the personnel responsible for managing permits, licenses and authorizations, do not realize the meaning of a condition.
As a corollary to this, in their records there are various Authorizations in Matters of Environmental Impact that have established, excuse the redundancy, conditions for their establishment, for which action and follow-up plans are not developed to guarantee their due compliance.
The implication of this omission is that the referenced Authorization will be considered non-existent, and, therefore, the linked establishment will be at risk of being Sanctioned, either financially through large Fines, or forced to suspend its activities (temporarily or permanently), and even criminal responsibilities may be aired for its legal representatives.
The natural and obvious meaning of the term condition is given by the Dictionary of the Royal Spanish Academy, which defines it as “a situation indispensable for the existence of another”. Which is equivalent to saying that, if the provisions of a Condition are not met, the Authorization for Environmental Impact will not exist.
As indicated at the time for the management of deadlines, a similar statement must be made: The proper control of the conditions established in Authorizations for Environmental Impact is the obligation of those responsible for each establishment, in order to avoid falling into situations of non-compliance.
Finally, it should not be lost sight of that these conditions cannot only be found in Resolutions referring to the indicated Authorization, but also in other Resolutions of the Authority, such as those that issue Operating Licenses, those that Authorize Waste Management Plans, among others.
Remaining at your pleasant service for any clarification or extension that may be required, I cordially greet you
Leandro M. Lamas Stalla
Deputy Project Director
CIS Consultants
