Análisis de actualización a la normativa de control y seguimiento ambiental con la expedición del reglamento al Código Orgánico de Ambiente mediante la ejecución de dos auditorías ambientales de cumplimiento

Abstract

The present work established as a baseline a normative analysis of the modifications, additions, updates, express derogations and tacit derogations to the Environmental Quality Book with the issuance of the Regulations to the Organic Environmental Code published on 12 June 2019 through Official Registry No. 507. The normative analysis had three [3] main objectives. The first objective was to develop an updated matrix of environmental regulations comparing the articles of the Organic Code of the Environment, Regulations to the Organic Code of the Environment, Ministerial Agreement 061 and Ministerial Agreement 013. The second objective was to identify new and tacitly repealed activities to the Environmental Quality Book with the issuance of the Regulations to the Organic Environmental Code through a legal analysis of their applicability. The third and final objective was to carry out two environmental audits of compliance on the same draft. The first audit was carried out with the environmental regulations prior to the Regulation of the Organic Environmental Code and the second audit with the applicable regulations prior to the issuance of the Regulations. The methodology was developed with the collaboration of lawyers specialized in environmental regulations to establish the differences between express derogations and tacit derogations. In addition, the validity of the regulatory bodies was taken into account for projects that obtained their administrative authorization prior and after the issuance of the Regulations. The updated environmental regulation matrix included 84 criteria that correspond to activities that are considered within the control, monitoring and audit for companies whom have any type of administrative authorization. The environmental compliance audits were developed in a project whose administrative authorization corresponds to the Environmental License; however, due to confidentiality issues, the project did not authorize his name to be published within the present investigation.