DOMINICAN REPUBLIC Law and Practice Contributed by: Guillermo Estrella Ramia, Yamel Llenas Lajud, Mariela Santos Jiménez and Valentina Gallo Botero, Estrella & Tupete
even where a private indemnity clause exists, MIMA- RENA or the Environmental Prosecutor’s Office (PED- MA) may still demand damage remediation or sanc- tions from the licence holder or responsible operator. In practice, contractual indemnities serve as instru- ments of internal risk allocation, commonly used in mergers, acquisitions or industrial leases, but they do not release parties from administrative liability. The party that undertakes the repair may subsequently file a recourse action against the counterparty under Article 1251 of the Civil Code. 12. Contaminated Land 12.1 Key Laws Governing Contaminated Land In the Dominican Republic, soil contamination and remediation are governed by Law No 64-00 on Envi- ronment and Natural Resources and the Regulation for Environmental Control, Monitoring and Inspection, which impose the duty to prevent, control and restore soil and subsoil degradation. MIMARENA is the com- petent authority to identify contaminated sites, order remediation and supervise corrective measures, based on the Environmental Standards on Soil and Groundwater Quality. When contamination is detected, MIMARENA may require the landowner or operator to submit a Reme- diation and Monitoring Plan, including clean-up, con- tainment or ecological restoration measures. In cases of abandonment, the state may carry out remediation subsidiarily and recover the associated costs from the responsible party. The Dominican regulatory approach is both corrective and increasingly preventative, encouraging the evalu- ation of environmental liabilities in industrial, mining and energy operations, as well as voluntary early management as a means of compliance and sanc- tion reduction. 12.2 Clearing Contaminated Land Law No 64-00 on Environment and Natural Resources establishes that the responsibility to clean or reme- diate contaminated land lies with any person who
causes, tolerates or benefits from environmental dam- age. Consequently, the operator or landowner may be required by the Ministry of Environment and Natural Resources (MIMARENA) to carry out decontamina- tion measures, regardless of their direct involvement in the incident. This obligation is public and non-delegable vis-à-vis the state, although it may be contractually trans- ferred between private parties through indemnity or risk-allocation clauses, without exempting the holder from liability before the authorities. MIMARENA retains the authority to order remediation by the identified responsible party or, if necessary, to undertake it sub- sidiarily and recover the costs from those liable. 12.3 Determining Liability When multiple persons or entities contribute to con- tamination, Law No 64-00 on Environment and Natural Resources establishes a regime of joint and several liability, under which all involved parties are collec- tively liable to the state for the reparation or compen- sation of the damage. The Ministry of Environment and Natural Resources may demand full restoration from any of the responsible parties, who then retain the right of recourse among themselves under Article 1251 of the Civil Code. In practice, authorities and courts consider factors such as the following to internally apportion respon- sibility: • causal participation; • degree of control; • benefit obtained; and • demonstrated diligence. This regime aims to ensure effective and immediate remediation of environmental harm, avoiding pro- cedural delays and ensuring that the final cost falls upon those who caused, tolerated or benefited from the damage. 12.4 Proceedings Against Polluters In the Dominican Republic, locus standi rules are broad and flexible, reflecting the public and collec- tive nature of the right to a healthy environment. The Constitution and Law No 64-00 on Environment and
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