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Environmental
Inspection by PROFEPA
(The
Prosecutor for the Protection of the Environment)
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| PROFEPA - is
the Prosecutor for SEMARNAT and is responsible for the
oversight of compliance to Environmental laws,
regulations, and standards (NOMs) and carries out
inspections ex oficio, by reason of complaint, when an
accident occurs, or to verify corrective measures
previously agreed on.
INSPECTION ORDER -
The inspection order (citatorio) is prepared which
details what will be inspected and for what reasons. It
will cite all the legal ordinances that are basis of the
inspection. The notification is made and 24 hours later
the inspection takes place.
IF THERE IS
COMPLIANCE If compliance is found, then the
inspection is resolved and archived.
IF NON COMPLIANCE
Is found - then an official notification is made of
the initiation of the Administrative Procedure. The
Party in violation has 5 days to respond with any
clarification and evidence. After 3 day and all evidence
is examined a resolution is made. The resolution can
resolve the procedure by absolving the party inspected
(matter is archived), or issue a resolution with
corrective measures and fines. The recourses to the
Resolution are the following: |
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RECOURSE OF REVIEW
The violator requests the review of the
inspection and the acts of the authority (PROFEPA) and
review whether the actions follow the law and that the
process was correct. |
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REQUEST FOR RECONSIDERATION
Request the revocation or modification
after compliance with the corrective measures made to
correct the irregularities detected in the inspection.
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REQUEST FOR COMMUTATION
The violations are corrected and the
environmental irregularities are corrected by making
investments that are directed towards the protection of
the environment instead of paying the fine imposed.
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AGREEMENTS FOR RESTORATION OR COMPENSATION OF DAMAGES
Assure the restoration and/or
compensation of the damages caused by the activities of
the violator, through the implementation of actions that
restore or reestablish the ecosystems, obtaining greater
benefits for the environment and natural resources.
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JUICIO
DE NULIDAD - NULLIFICATION PROCEDURE
You make an argument that the process was
illegal – arguing that there was some procedural act or
illegal act or violation of constitutional rights. If
the (Tribunal Federal de Justicia Fiscal y
Administrativa) Federal Court of Fiscal and
Administrative Justice agree, the inspection and
findings are null. You can be inspected again, but if
you are diligent, there will no longer be violations.
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JUICIO
DE AMPARO – CONSTITUTIONAL PROTECTION -
Once there is a final resolution and all other recourses
are exhausted – if there have been violations of
constitutional guarantees, defects in any part of the
process, notification, or unconstitutional acts of the
authority, the Offended party sues the authority (PROFEPA)
and argues before a Federal District Court (Juzgado del
Distrito). If the amparo proceeds, the process will
revert back to the step in the procedure where the
violation occurred, for example, if the Offended party
was not notified according to the Law, then the
procedure will return to that step and notification will
be carried out and the procedure will continue from that
point.
(for more information
about Amparo - go to
www.intramex.net - These are some of my notes on
Amparo with a diagram, sorry but I haven't done this in
English yet) |
