Environmental damage or imminent threat of damage communication
In compliance with articles 14, 15 and 18 of the Decree-Law no. 147/2008 of 29 July (EL Act), updated, the operators, within the scope of their occupational activity, or the interested parties, who detect the occurrence of an environmental damage or an imminent threat of environmental damage, must communicate to the Portuguese Environment Agency (APA) the relevant information through the submission of an EL Form.
According to the above-mentioned act, occurrences to be communicated refer only to adverse, measurable and significant effects on a natural resource or to measurable and significant impairment of a natural resource service that occur directly or indirectly or to sufficient likelihood that an environmental damage will occur in the near future.
Within the meaning of EL Act, the following natural resources are considered:
- protected species and natural habitats;
- water;
- land (when there is a significant risk for human health).
When an environmental damage or an imminent threat of environmental damage occurs, operators should immediately adopt all feasible mitigation measures to control, contain, eliminate or manage the contaminants and any other damaging factors, while communicating the occurrence to the authorities and services necessary for a prompt intervention (such as the municipal civil protection service, if necessary).