Legal Framework for Contaminated Sites Management in Peru Vilma Morales Quillama Coordinator of the environmental risk management, chemicals and eco-efficiency area (Department of Environmental Quality/MINAM) September 29th, 2016 Sao Paulo, Brazil Good morning. My name is Vilma Morales from the Environmental Ministry of Peru. I am very happy to be here to present an overview of the legal framework for Contaminated Sites Management in Peru.

Peru is a beautiful and extremely biodiverse country. The main economy activity is mining and fuel that increased since the ´90.

Peru is this… Peru is one of a few countries in the world with such diverse ecosystem and places. Who will not match Machu Pichu and Peru in his mind? This photo is way to the mining places in Madre de Dios (forest to Peru).

But also this… Unfortunately, nowadays Peru is getting more and more know because the negative environmental impacts. This photo shows the impact of ilegal mining in the forest of Peru: destruction of the environment and soil pollution. Soil contamination as a result of human intervention poses a serious problem to the environment, public health and the economy in Peru. T

Overview: legal framework 2014 R.M. N° 085-2014-MINAM aprueba Guías de Muestreo y PDS 2005 Law 27281: For the management of mining legacies 2007 Law 29134: For the management of petroleum legacies 2013 Supreme Decret N°002-2013-MINAM: Environmental quality standards for soil 2009: Environmental Ministry creation 2015 Risk and environmental health assessment guidelines 2014 R.M. N° 125-2014-MINAM: Sampling protocol for environmental emergency. For this reason, the Peruvian environmental authorities had developed environmental standards in order to create and implement public policy to alleviating this problem, including legislation, regulations and a legal framework. In Peru all about Contaminated Site Management started in the 2005 with the approval of the law for the management of mining legacies and was followed by the approval of the law for the management of petroleum legacies in 2007. In 2013 the Environmental Ministry set the legal base for the management of soil contamination, covering all sectors. The new legislation and corresponding guidelines supported to harmonize investigation methodologies and assessment approaches for contaminated sites.

(free download: www.minam.gob.pe) To support the application of the legal obligations, the Ministry of Environment published guidelines about: Soil sampling at contaminated sites, Risk assessment for human health and the environment the elaboration of remediation plans and instructions for regulators how to assess and manage contaminated sites. Important documents that are free download from our website. (free download: www.minam.gob.pe)

Supreme Decret N°002-2013-MINAM: Soil Standards The normative defines use-specific (for residential, agricultural and industrial/ commercial use) soil standards for heavy metals and common organic contaminants (21 parameters). The normative defines use-dependent soil standars for heavy metals and common organic contaminants. Furthermore, it obligates all potencially contaminating activities to present a report about the actual conditions regarding to soil contamination.

Supreme Decret N°002-2013-MINAM: Soil Standards It obligates all potentially contaminating activities to present within one year a report about the actual conditions regarding to soil contamination.

Supreme Decret N°002-2013-MINAM: Soil Standards New projects are obligated to present a base line study about soil parameters regarding the historic or future land use.

Supreme Decret N°002-2013-MINAM: Soil Standards The site investigations should follow a tiered approach, including: A preliminary site investigation (historic exploration, site visit), A preliminary soil sampling, And in the case of proved contamination: a detailed site investigation, risk assessment and remediation actions if necessary.

(in areas of potential interest) 2. Characterization 1. Identification (in areas of potential interest) 2. Characterization (extend of contamination) Soil Decontamination Plan (PDS) 3. Remediation (to eliminate or reduce risk)

7 initiatives to develop the polluted sites management in Peru

1st : Peruvian Ministry of Environment as the head of the National system on contaminated sites management Ministry of Production Ministry of Mining and Energy MINAM Ministry of Agriculture General Direction of Environmental Health Regional Government Because the competence is multisectorial, Peruvian Ministry of Environment works in coordination with the different ministers in order to develop the managing of polluted sites in Peru.

Identification of mining and petrol legacies 2nd : Investigation and remediation projects regarding mining and petrol legacies executed by Ministry of Mining and Energy Identification of mining and petrol legacies “Activos Mineros S.A.C.”: Remediation of high risk mining/petrol legacies 9,000 mining legacies identified 3,200 petrol legacies identified

Mining legacies from illegal and informal mining 3rd : Environmental remediation of contaminated sites program: PP 136 Mining legacies from illegal and informal mining Region of Madre de Dios It has started in 2014 with the goal of prevention and environmental remediation of contaminated and degraded sites by illegal and informal mining (small-scale and artisanal mining), to safeguard the health and environmental areas. Prioritized areas are Puno and Madre de Dios because of the large presence of illegal and informal small-scale mining as the huge environmental impact as you can see in the photos. Region of Puno

4th : National contaminated sites inventory in development SISCO Another iniciative is the national inventory of contaminated sites, known as SISCO. This is a crucial planning tool for the integrated management of contaminated sites, such as oil-polluted soils, mine dumps, hazardous waste heaps and toxic groundwater. A round table was organized at which experts from the public sector were able to discuss and share technical results and experiences. Under construction … check back soon

5th : Triangular cooperation Mexico – Peru - Germany Project calls: “ Improving the system for contaminated site management” (2014-2017) The project fosters an exchange of experience between Mexican, Peruvian and German experts. Stimulate the transfer of knowledge and experience. The Peruvian Ministry of Environment approached Mexico and Germany for support in late 2011. In response to this request, GIZ worked with the Mexican Secretariat of Environment and Natural Resources (SEMARNAT) to set up a triangular cooperation arrangement with Peru. The project has been financed since 2014 with the goal to help Peru to arrange sustainable, integrated management system for contaminated sites. The project fosters an exchange of experience between Mexican, Peruvian and German experts. Furthermore, the triangular cooperation activities stimulate the transfer of knowledge and experience within the 3 countries for the Prevention and Management of Contaminated Sites.

6th : Decentralization process and start managing of contaminated sites at the municipal level 2016 2017 Identification of the problems generated at the municipal level by contaminated sites. Developing a strategy of contaminated sites at municipal level Regional Municipality of Callao Metropolitan Municipality of Lima Regional Municipality of Santa Another initiative is the decentralization process and start managing of contaminated sites at the municipal level. We have started to work with three local governments to know what is the magnitude of contaminated sites at the municipal level. In these local governments we have the problem of polluted areas mainly due to the construction of residential areas in places were industrial areas where built. This work has just started this year and we would like to know results next year. Under construction … check back soon

7th : Latin American Network for prevention and management of contaminated sites (ReLASC) Members… The Latin American Network for the Prevention and Management of Contaminated Sites (ReLASC) was born in Brazil in 2006. ReLASC is a regional network initiative promoted and maintained by public institutions. Its objective is the interchange and diffusion of information and knowledge about contaminated site remediation as well as the pollution prevention of soil and groundwater. It is formed by 8 countries and Peru has the honor to be the president since last year.

7th : Latin American Network for prevention and management of contaminated sites - ReLASC Peruvian technical advice group 5 Peruvian universities 7 public organization Peru developed a Peruvian technical advice group conformed by 5 Peruvian universities and 7 public organizations.

To summarize…

To summarize… Until now, about 1, 200 companies presented soil reports to their competent authorities. The new legislation and corresponding guidelines supported to harmonize investigation methodologies and assessment approaches for contaminated sites. The new legislation also pushed in the public and private sector the interest for capacity building regarding contaminated site investigation and remediation techniques.

We are working to develop the management of polluted sites in Peru.

muito obrigado! vmorales@minam.gob.pe

Questions?