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In brief

On 20 August 2024, Head Resolution No. 0323-2024-ANA was published. Through it, the Regulation for the Granting of Authorizations for Discharge and Reuse of Treated Wastewater (“Regulation“), approved by Head Resolution No. 224-2013-ANA, was amended. It aims to optimize the evaluation of the procedures for renewing authorizations to discharge and reuse treated wastewater.


In depth

The amendments to the Regulation are as follows:

1. On prohibitions for the final disposal of wastewater

The resolution specifies that discharges of treated wastewater into drainage systems or dry creek beds may not be authorized, unless this is contemplated in the approved environmental management instrument, which evaluates the discharge’s effect on the natural body of water with permanent flow that the dry creek or drain flows into. 

Likewise, the dry creek or drain used to carry the treated wastewater must be located in the project’s area of direct influence.

2. Regarding the renewal of authorization to discharge or reuse treated wastewater

The holder of authorization to discharge or reuse treated wastewater can request its extension. To do so, it is only necessary to verify that the request has been submitted before the expiration of the established term and that the conditions that gave rise to the granting of the authorization are maintained.

3. Adequacy of pending procedures

The pending procedures for authorization to discharge and reuse treated wastewater will be adapted to the present modifications, without backtracking stages or suspending deadlines.

We hope this information is relevant to you and your company. Please do not hesitate to contact us if you require any advice in this regard.

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Author

Valentin Paniagua represents clients in mining and corporate transactions. He has extensive experience in project finance, acquisitions and sales of companies and assets. He advices clients on the different commercial, regulatory, corporate and litigation aspects related to the development of mining activities and natural resources. Recognized for his mining experience, Valentin has been ranked in several leading publications including Chambers Global, Chambers Latin America, IFRL 1000, Legal 500 and Latin Lawyer. He has also been recognized in Who’s Who of Mining Lawyers, for 10 consecutive years.
Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein

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Nicole Freire is an experienced lawyer specializing in environmental, climate change and ESG matters. With over a decade of expertise, she has provided valuable counsel to both local and international companies in various sectors such as mining, hydrocarbons, electricity, and industrial and commercial fields. Nicole is well-versed in navigating the complexities of ongoing business development, administrative sanction proceedings, carbon markets and formulating strategic plans to secure environmental permits. Nicole has been recognized by The Legal 500 in its 2023 edition for Latin America, where she was honored as a "Rising Star" in Environmental Law.
Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein