Supervision to businesses

Definition

Direct oversight includes monitoring and follow-up of actions in order to ensure that the parties are complying with environmental and socio-environmental obligations arising from environmental regulations, management tools and the provisions and guidelines issued by the relevant bodies of the Environmental Evaluation and Enforcement Agency (OEFA), as well as any other obligations arising from subsequent regulation or the transfer of additional responsibilities to OEFA.

Office in charge

Supervision Directorate

  • Role

Within the role of direct Oversight:

  • Follow-up and verification of compliance with the enforceable environmental obligations.
  • Issuing preventative measures, specific mandates and recommendations.
  • Direct oversight includes monitoring and follow-up of actions in order to ensure that the parties are complying with environmental and socio-environmental obligations arising from environmental regulations, management tools and the provisions and guidelines issued by the relevant bodies of the Environmental Evaluation and Enforcement Agency (OEFA), as well as any other obligations arising from subsequent regulation or the transfer of additional responsibilities to OEFA.
  • Solid waste management is an example of regulations established in environmental obligations to the parties, as well as standards of Maximum Permissible Limits for different environmental components.
  • Meanwhile, the environmental management tools both within the National System of Environmental Impact Assessment (Environmental Impact Studies and detailed and semi-detailed Environmental Impact Statements) and those who are regulated by sectorial rules, for example, mine closure plans or plans of abandoning a gas project, also provide environmental and social obligations.
  • In the case of provisions issued by the relevant authority, the administrative actions, for example, issued by the Environmental Evaluation and Enforcement Agency (OEFA) will be taken into consideration, as part of the requirement for studies to determine if an environmental component is being affected, to prevent an imminent adverse effect, or to redress an adverse effect which has already occurred.
  • Should a OEFA supervisor detect during an oversight activity that the provisions stated in the approved Environmental Management Instrument are not sufficient to avoid an impact to the environment, the Oversight Directorate shall report the fact to the corresponding Certifying Authority so the required corrections are performed, while in parallel it shall issue the corresponding mandates to avoid an environmental degradation.
  • The direct oversight faculties encompass the preventative measures provision, mandates of a specific character and recommendations.
  • Through direct supervision, the Oversight Directorate shall obtain the evidence required to establish the existence or lack thereof of environmental infractions. Should it be the first case, it shall report it to the Enforcement, Sanction and Incentives Directorate.