The tragedy of the dam in Brazil

While rescuers are still looking for victims in the city of Brumadinho, in the Brazilian state of Minas Gerais, after the tragic breakup of a dam, the question facing us in this country is raised. Although Argentina has a regulatory body for the safety of dams under the Ministry of the Interior, Public Works and Housing, it does not have the function of controlling mining dams. In other words, inspections are not conducted with expert state personnel.

To obtain a socio-environmental license for a mining project, civil society knows neither its existence nor its potential risks. The lack of a socio-environmental license can be identified as one of the biggest risks of mining today. While it is true that business activity is the extraction and processing of minerals, relations with their neighbors have become a fundamental aspect of the legislation of many provinces.

However, little is known about the fact that dam safety relies on the coordinated management of different specialized technical disciplines in order to achieve and maintain the highest level of safety possible. As the knowledge advanced, the design and construction of these large structures evolved into increasingly higher retention structures, which in turn resulted in larger reservoirs. This situation undoubtedly generates a risk factor for the lives and property of those who live downstream.

The consequences of the failure of a dam are generally of such gravity that the mere possibility of failure implies a very heavy responsibility, both for the technicians responsible for its design, for its operation. and its control, as well as for the authorities.

The development of engineering has led to a significant technological advance in the monitoring and observation of these hydraulic structures, recommending criteria for their design, construction and operation. But it did not have the necessary correlation between the legal instruments of support, for a necessary and strict regulation of the structural security of these works by the State.

With the advent of the corresponding legislation, a country has the necessary tools to better protect communities downstream of dams. The legal standard establishes obligations for dam operators, as well as mechanisms for the state to regulate its activities.

Since its implementation involves the life and property of citizens, the "Prison Security Service" is public, which means that it obliges the party who carries it out to perform it and generates a commitment on the part of the state to control compliance with its obligations. The fundamental pillars of dam safety are the correct design and construction, the maintenance and control of behavior during operation and the willingness to act effectively and on time in case of emergency.

Faced with the terrible reality of what happened in Brazil, we asked ourselves the question: is everything in order in Argentina?