This week we participated in the talk “Environmental fines: keys to understanding their calculation and preparing a better defense”, in charge of Katherine Andrea Melgar Támara and Gabriela López.
The meeting addressed the new methodology for calculating fines of the Environmental Assessment and Enforcement Agency —OEFA— of Peru, applicable to procedures initiated from March 28, 2026.
Fines as an economic mechanism
One of the central concepts was the internalization of negative externalities. In other words, that the environmental cost generated by an activity should no longer be absorbed by society but returned to the producer.
The new methodology is based on the following formula:
B/p × (1+F)
In it, the illicit profit is divided by the probability of detection and then adjusted by various grading factors.
The fine thus ceases to function solely as a symbolic sanction and begins to consider the economic benefit obtained by non-compliance.
What is meant by illicit gain?
Illicit gain may include:
- Income obtained improperly.
- Costs avoided by not fulfilling an obligation.
- Costs postponed over time.
This means that what a company did not invest in measurement, monitoring, prevention, or remediation can later become the economic basis for the penalty.
The supposed savings generated by not acting in time ceases to be an advantage and becomes part of the calculation of the fine.
The value of self-reporting
One of the most striking aspects of the methodology is the role of the probability of detection.
Since this variable appears in the denominator of the formula, a higher probability of detection can reduce the amount of the fine.
The category “very high”, The equivalent of 100 % includes certain self-reported non-compliance issues prior to an inspection. In this way, the system recognizes organizations that detect and report their own problems before the authorities intervene.
Transparency and monitoring capacity do not necessarily eliminate responsibility, but they can become relevant factors when determining the sanction.
Sustainability pays off sooner or later.
The main conclusion of the meeting is directly linked to business management: sustainability is not an optional cost.
Organizations can invest in advance in measurement, control, reporting and remediation systems, or later assume a penalty calculated precisely on what they failed to invest in to comply.
Having reliable information allows you to detect deviations, make timely decisions, and reduce exposure to environmental, economic, and regulatory risks.
At DelPlata Green, we help companies move from declarative sustainability to demonstrable sustainability, through measurement and reporting tools based on ZeroCarbon.One technology.
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