An audited entity, in order to comply with the environmental noise emission standard in force D.S. N°38/2011 MMA or any other environmental regulation, general or specific, that requires it to carry out measurements and analysis, including sampling, must hire a Technical Entity for Environmental Auditing (ETFA) with current authorization to carry out such activities.
The foregoing includes the preparation of periodic compliance reports to be submitted to the Superintendencia del Medio Ambiente (SMA), in its capacity as environmental supervisory authority. The same shall apply in the case of reporting compliance programs, remediation plans, compensation plans or interim measures.
The inspection activities carried out by an ETFA with a current authorization may also be ordered and contracted by the SMA.
Article 21 of D.S. N°38/2013 MMA
The owners of a project, system, activity or source that are not covered by an ETFA to comply with the commitments established in any environmental instrument, must also carry out the sampling, measurement, analysis, inspection and/or verification activities committed.
These activities may be carried out by companies accredited by the National Standards Institute (INN) or authorized by government agencies (OE).
When there are no ETFAs or companies accredited by the NSB or authorized by the SOs to execute a required scope, the activities may be executed by private consultants.
The licensees must send to the SMA, together with the corresponding follow-up report or report, the background information supporting this lack of capacity of all the authorized ETFAs at the country level in the required scopes. This background information must include information issued by the ETFA consulted, since the SMA will be able to audit the ETFA involved, in order to verify the lack of capacity to provide the service.
Exempt Resolution No. 1024/2017 SMA
*Private consultant can perform environmental auditing activities in case there are no ETFA or accredited (INN) or authorized (OE) companies for the required scope.
**EIS: Environmental Impact Statement; EIA: Environmental Impact Study.