Multa de Lizama a Ecopetrol, ¿justo?

Last week the decision issued by the Environmental Licensing Authority, ANLA, against Ecopetrol, about the outcrop of crude oil in the Lizama 158 well, in the jurisdiction of Barrancabermeja, Santander, was announced. After almost three years, the entity imposed a fine of 3,863 million pesos for the pollution generated.

 

It is noteworthy that ANLA partially revoked the sanction in the first instance issued in 2020 for 5,155 million pesos, after an appeal filed by the State, which explained that the company addressed the contingency and carried out the necessary actions, according to the level of emergency.

 

Let us remember: in March 2018 this oil well, operated by the State, emanated spilling 550 barrels of crude oil on several streams in the town of La Fortuna, a rural area located between Barrancabermeja and San Vicente de Chucurí. The spilled liquid reached bodies of water such as Caño Muerto and the Sogamoso River and impacted the fauna and flora of the place.

This fact left an inventory of damages to consider: at least 2 437 dead animals (mostly fish), 40 contaminated bodies of water and 418 people affected. The severity of the outcrop was such that it threatened the Magdalena River and was considered an environmental calamity to alert the control entities about the danger of the matter. In the more than 100 years of the Barrancabermeja oil industry, nothing similar had ever happened.

 

Although the commission of international experts from UN Environment, requested by the Ministry of Environment and Sustainable Development, affirmed that the recovery of the damage caused by the well would take a year, citizens of these rural areas affirm that there is still a presence of hydrocarbons in sediments and on the banks of rivers, in addition to other environmental and health problems.

 

Likewise, for some environmentalists, the contamination by this emanation is irreversible, since the concentration of hydrocarbons in Caño Muerto affected the reproductive process of fish such as sea bream, bocachico, catfish and tilefish. To this is added that the most worrying thing is that the discharge of heavy metals, such as mercury, lead or benzene, housed in bodies of water can be toxic to the environment; causing serious consequences for neighboring populations.

 

So, when reviewing these damages, will the fine imposed by ANLA for the oil company be enough to repair the fauna and flora in this area? Can the compensation come to compensate the affected communities? This environmental disaster structurally affected the productive chain of fishing, fishermen, marketers and typical and tourist restaurants of the citizens; Furthermore, it seriously impacted the economy and the social fabric of the inhabitants.

It should be remembered that the Attorney General's Office asked Ecopetrol for compensation, to repair citizens, residents and workers in the areas of influence of the La Lizama well and the inhabitants of the vicinity of the Caño Muerto stream and the Sogamoso river. The Public Ministry highlighted that beyond environmental damage (no less important), the probability of new effects on human health can be registered in indeterminate periods of time.

 

This environmental tragedy cannot be reversed, but it leaves the reflection that the activities by the extractive industry must be more rigorous and these operations must be backed by an efficient contingency plan, to reduce risk levels.

 

On the other hand, this fine leaves the following questions: why did the ANLA partially revoke the sanction imposed in the first instance in 2020? Apart from Ecopetrol, authorities such as the Ministry of the Environment, ANLA and ANH, are they going to respond for these damages? And are there outcrop risk areas in the country such as Lizama?