On July 12th of this year, the new Regulation of Evaluation, Control and Environmental Monitoring entered into effect in accordance of the governmental Agreement No. 137-2016, (hereinafter referred as RECSA). This implies another change to environmental regulations within the country.  In less than two years two Regulations were approved, one of which was implemented in 2015 (Government Agreement 60-2015) and another not yet in effect (Government Agreement 20-2016). The new RECSA is now in in effect and mandatory.

RECSA, like its predecessors, defines the procedure for approval of environmental instruments by the Ministry of Environment and Natural Resources -the obligation to have an environmental instrument are regulated by the Environmental Protection and Improvement Law from 1986-. It also establishes the obligation to have an environmental license and surety bond in effect. In other word; any activity, work, project or industry, must fulfill three requirements: have an environmental instrument approved, a valid environmental license and surety bond. This is for all stages of the activity, work, project or industry accordingly.

It is worth mentioning that the failure to fulfill any of these three requirements, entails the enforcement of administrative sanctions such as fines. Furthermore, contamination is a crime. If there is any existing contamination brought by the activity, work, project or industry, a prison sentence for 2 to 10 years and a fine of Q.3,000 to Q.10,000 may be enforced. Is your company complying?

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