The first charge by the Environmental Superintendency (SMA) points to a “poor implementation and operation of the infiltration interception and water injection system.”
On Monday, Chile's Environmental Superintendency (SMA) announced that it had initiated a sanctioning procedure against Anglo American SA, filing three charges for environmental violations in the El Soldado mining project.
The first charge from the agency points to a “poor implementation and operation of the infiltration interception and water injection system.” Regarding the second, the SMA accuses various breaches in the Early Warning Plan.
Finally, there is the issue of "partial implementation of the mitigation measure for the rescue and relocation of wildlife."
All of these charges were classified as serious, with respect to what was authorized in its Environmental Qualification Resolution, and for them, the mining company would be risking a fine of up to 15 thousand UTA, that is, more than $12 billion.
SMA files charges against Anglo American over El Soldado mine
According to the SMA regarding the first point, “stage VII of the drainage system is not fully built, while the hydraulic barrier does not inject the promised flow.”
On the following point, and as established in the investigation, “Anglo American did not inform the SMA within a period of 5 working days of the exceedance of the thresholds foreseen for Sulphate and Boron; it did not present a report analyzing the possible causes of the exceedances within the established period of 15 working days.”
Furthermore, "it did not generate a plan to improve or maintain the mitigation system in light of the verification of the inadequate functioning of the infiltration interception and water injection system."
Finally, there is the issue related to the alleged infringement regarding the relocation of “3,867 individuals of the amphibian rulo toad - whose category of affectation at the date of evaluation was Vulnerable - since the marking of the specimens was not carried out nor were subsequent monitoring carried out.”
Discharge period and program presentation
Following the filing of these charges, Anglo American has an extended period of 15 business days to submit a compliance programme, and 22 business days to formulate its defence in this regard.
According to the Superintendent of Environment, Marie Claude Plumer, “environmental compliance in this and any other project is essential in the context of economic development. For this reason, it is important to reiterate the call to the owners to comply with what is established in their permits in order to operate.”
"The conditions and measures set out in the environmental qualification resolutions have a clear objective, which is to reduce the impact that the implementation of an economic initiative may have on the environment and thereby guarantee its protection," he added.
“El Soldado” is an open-pit copper mine. According to Anglo American, in 2022 some 42,300 tons of fine copper concentrate were produced. The mine is located in the commune of Nogales, in the Valparaíso region.
In turn, the mining tailings are deposited in the “El Torito” dam, which began operations in 1993 with a capacity of 76 Mt, which was expanded to 181 Mt.
Anglo American Response
The company in question stated that it had been notified of the SMA resolution “which relates to certain aspects that the company has been working on internally and about which it has kept the environmental authority informed.”
“While we are analyzing this resolution, we are requesting a meeting with the SMA to understand specific aspects of it and, based on this, decide the next steps to follow,” said Anglo American, who affirmed that they are committed to “working permanently with the authority to comply with all our environmental commitments.”