Environmental Licensing
Environmental licensing is the administrative act carried out by the competent body necessary for undertakings or activities that have an impact on the environment and that use natural resources to function. The environmental agency will analyze the activity or undertaking and verify whether it complies with the requirements of the law, that is, whether the location, installation or activity of the undertaking does not affect the environment. He will be able to inform necessary actions for this adequacy or when everything complies with us, approve the environmental license.
Environmental license is a set of studies carried out by competent professionals in the environmental area where environmental reports, plans and projects for environmental control, environmental diagnosis, management plan, degraded area recovery plan, and preliminary risk analysis are presented. The type of study required will depend on the type of activity, size and impact it has on the region in which it is located.
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Preliminary license
Prior license is the administrative act in which the environmental agency responsible for the area issues a document with conditions, restrictions and environmental control measures that must be obeyed by the person responsible for the area. This document is required in the preliminary planning phase of the enterprise or activity in accordance with the specifications contained in the approved plans, programs and projects, including environmental control measures and conditions determined for the operation.
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Installation license
Installation license is the administrative act issued by the responsible environmental agency that authorizes the installation of the enterprise or activity in accordance with the specifications contained in the approved plans, programs and projects, including environmental control measures and other conditions.
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Operating license
Operation license is the administrative act issued by the environmental agency that authorizes the operation of the activity or enterprise, after verifying the effective fulfillment of what is contained in the licenses prior to this one, with the environmental control measures and conditions determined for the operation.
Which enterprises need environmental licensing?
Every company, enterprise that has potentially polluting activities, such as: industries, extraction and treatment of minerals, civil works (roads, dams, railways, etc.), utility services (thermal power plants, water treatment plants, interceptors, treatment plants sewage, waste treatment and disposal, among others). They are better specified in Annex 1 of CONAMA Resolution 237 of 1997.
What are the stages of environmental licensing?
Environmental licensing consists of a few steps. Initially, it is necessary to define, by the competent environmental agency, together with the participation of the entrepreneur, the documents, projects and environmental studies necessary to start the licensing process. An environmental license will also be required by the entrepreneur, accompanied by other documents such as projects and relevant environmental studies.
Soon after, the environmental agency will analyze these documents presented and carry out technical inspections, when necessary, in addition to requesting clarifications and additions when applicable. If the environmental agency finds any information incomplete, it will be required to reiterate this request. If necessary, public hearings and requests for clarifications and additions will be required.
Then the conclusive technical or legal opinion will be issued, if necessary. Finally, approval or rejection will be issued by the environmental agency.
The stages are described in article 10 of CONAMA 237/1997.