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Environmental liability and sanctions

Last verified: 2026-10-30 · Status: Stable

Whoever damages the environment answers without proof of fault and must repair it. The Ministry can fine up to 3,000 minimum salaries, and courts up to 10,000, while a company convicted faces 5,000 to 20,000 minimum salaries. Any person or association can file a complaint.

Key facts

Top Ministry fine3000 minimum salariesLey 64-00 art. 167, as of 2026-10-30 · in force
Top court fine10000 public sector minimum salariesLey 64-00 art. 183, as of 2026-10-30 · in force
Top company fine for a crime20000 minimum salariesLey 64-00 art. 176, as of 2026-10-30 · in force
Strict liability for damageYes textLey 64-00 art. 169, as of 2026-10-30 · in force

The rule

1. Anyone who damages the environment or natural resources has strict liability, must repair the damage at its own cost where possible and must compensate.Ley 64-00 General sobre Medio Ambiente y Recursos Naturales, art. 169, 2000-08-18 official text · verified 2026-10-30
2. Repair means restoring the prior state where possible and paying for harm to the environment, communities or individuals.Ley 64-00 General sobre Medio Ambiente y Recursos Naturales, art. 169 paragraph, 2000-08-18 official text · verified 2026-10-30
3. The Ministry can fine from half a minimum salary to 3,000, by the size of the offender and the damage. It can also restrict activity, seize items, suspend or close.Ley 64-00 General sobre Medio Ambiente y Recursos Naturales, art. 167, 2000-08-18 official text · verified 2026-10-30
4. Administrative, civil and criminal liability are independent.Ley 64-00 General sobre Medio Ambiente y Recursos Naturales, art. 168, 2000-08-18 official text · verified 2026-10-30
5. Those who took part are jointly liable. A company's liability arises when its management bodies authorized the acts.Ley 64-00 General sobre Medio Ambiente y Recursos Naturales, art. 172, 2000-08-18 official text · verified 2026-10-30
6. An official who authorizes damaging activity is jointly liable with the operator.Ley 64-00 General sobre Medio Ambiente y Recursos Naturales, art. 171, 2000-08-18 official text · verified 2026-10-30
7. Environmental crimes include serious harm to resources, damage in protected areas, illegal discharges, breach of license terms, and false data to get a license or altered logs.Ley 64-00 General sobre Medio Ambiente y Recursos Naturales, art. 175, 2000-08-18 official text · verified 2026-10-30
8. If directors decide the crime in the company's normal business, using its funds and for its gain, the company faces 5,000 to 20,000 minimum salaries and a ban on the activity for one month to three years. Severe harm allows permanent closure.Ley 64-00 General sobre Medio Ambiente y Recursos Naturales, art. 176, 2000-08-18 official text · verified 2026-10-30
9. Courts can impose six days to three years of prison, fines of a quarter of a minimum salary to 10,000 public sector minimum salaries, confiscation, indemnity, loss of the license, demolition and restoration.Ley 64-00 General sobre Medio Ambiente y Recursos Naturales, art. 183, 2000-08-18 official text · verified 2026-10-30
10. Any person or association can complain about actual or potential damage, and demand compliance from the Ministry or the environmental prosecutor.Ley 64-00 General sobre Medio Ambiente y Recursos Naturales, art. 178 and paragraph, 2000-08-18 official text · verified 2026-10-30
11. The prosecutor must act within 3 working days on a serious matter.Ley 64-00 General sobre Medio Ambiente y Recursos Naturales, art. 181, 2000-08-18 official text · verified 2026-10-30
12. Mandatory environmental liability insurance is foreseen in the law, for rules to be set by the finance authority.Ley 64-00 General sobre Medio Ambiente y Recursos Naturales, art. 173, 2000-08-18 official text · verified 2026-10-30

Step by step

  1. Audit sites before buying them.
  2. Log permits, monitoring and incidents.
  3. Set an emergency plan; the Ministry issued an emergency protocol by Resolución 0052-2025.
  4. Treat a Ministry inspection record as evidence, since courts rely on it under art. 170.
  5. Check insurance; the law foresees it but we found no rule making it effective.

Common traps

  • Strict liability means proving diligence does not remove the duty to repair.
  • Directors who authorize the act expose the company to the art. 176 range and themselves to art. 183.
  • The law's fine is counted in minimum salaries, and art. 183 says public sector. Peso amounts are not given here for that reason.
  • Neighbors and NGOs have standing, so conflict can arise without the Ministry.
  • A Ministry sanction does not end civil or criminal exposure.

Sources

Related pages

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