Lima’s Infrastructure Impasse: Millions in Fines and a Road to Nowhere?

A Standoff in the Streets: MTC vs. MML

The bustling metropolis of Lima, Peru, is currently witnessing a heated debate over infrastructure development, specifically the Vía Expresa Sur project. At the heart of the conflict lies a disagreement between the Ministry of Transportation and Communications (MTC) and the Municipality of Metropolitan Lima (MML), centered around environmental certifications and alleged procedural irregularities. The MML faces a hefty fine from the MTC, potentially reaching millions of soles, stemming from the lack of a valid environmental certification for the Vía Expresa Sur project. But the MML argues the fine is politically motivated, a consequence of their efforts to reclaim public land for the project.

The MML insists that recovering public space along the Vía Expresa Sur route falls within their jurisdiction, citing Ordinance No. 2660, which declared the expansion of the Vía Expresa Sur an emergency of metropolitan interest. They perceive the MTC’s demand for an environmental certification as excessive, particularly for actions benefiting the population after a 50-year wait. Lima’s mayor, Rafael López Aliaga, has publicly accused the MTC of hindering progress and imposing fines for reclaiming the Vía Expresa Sur, suggesting a larger scheme involving technical documents and budget mismanagement.

The MTC’s Rebuttal: Due Process, Not Punishment

The MTC, however, refutes these claims. Milagros Verástegui Salazar, Director General of Environmental Affairs at the MTC, clarified that the municipality has only received notification of the initiation of an administrative sanctioning procedure, not an actual sanction. This procedure arises from the alleged lack of a valid environmental certificate during the Vía Expresa Sur project’s development. The investigation began following a complaint from the Environmental Assessment and Enforcement Agency (OEFA) regarding potential harm to green areas during project execution, which was verified in March.

The MTC emphasizes that any public or private investment project within the National Environmental Assessment System requires prior environmental certification, irrespective of its size. They argue that the MML was informed in October of the previous year that its environmental certification for the Vía Expresa Sur had expired in 2020, originally granted in 2015. The ministry maintains that the MML was clearly advised to obtain a valid environmental certification before commencing activities on the project.

Ismael Sutta Soto, Vice Minister of Transport, denied any political harassment from the MTC towards the Municipality of Lima. He reiterated the MTC’s commitment to enforcing environmental regulations fairly and consistently.

Construction Continues: MML’s Defiant Stance

Despite the ongoing dispute, the MML insists that construction of the Vía Expresa Sur will proceed without interruption. Raúl Fernández, head of the General Office of Legal Affairs of the Municipality of Lima, assures residents that the works will continue, emphasizing that the MTC’s procedure is administrative and that the municipality will pursue all legal avenues, if necessary, including a potential legal challenge. He argues that the recovery of public spaces falls under the municipality’s purview, according to the Organic Law of Municipalities, and doesn’t require an environmental certification.

Fernández explains that the administrative procedure began when the MML was reclaiming land and demolishing structures. He claims that residents contacted authorities, including the MTC, due to these actions. He also asserted that the recovered area contained green spaces, but not designated parks, as the land was intended for the road’s expansion.

Expert Opinion: The Necessity of Environmental Certification

Martín D’Azevedo, a lawyer specializing in municipal affairs, underscores the importance of environmental certification for projects like the Vía Expresa Sur. He explained to El Comercio that environmental certification ensures that projects are executed with due diligence and minimal impact on the environment and the population.

D’Azevedo highlights that environmental certifications have a limited validity period because land conditions and circumstances change due to climate factors or human activities. If the MML doesn’t regularize its environmental certification, works on the Vía Expresa Sur could be halted. He argues that the MML has already initiated construction by moving earth and demolishing structures, triggering the need for a valid certification.

Allegations of Irregularities: A Deeper Dive

Adding another layer of complexity, recent allegations have surfaced regarding irregularities in the construction of the Vía Expresa Sur. Alfonso Vásquez Rojas, former Logistics Manager of Emape (Municipal Road Company), claimed he was pressured to resign after refusing to cover up alleged deficiencies in the project. According to the weekly “Hildebrandt en sus Trece”, two Emape technicians issued a report highlighting the absence of soil studies, certificates of non-existence of archaeological remains, geological studies, and environmental impact studies.

The MML responded by stating that the Vía Expresa Sur project has a partial technical file for the execution of the main roads and includes a soil mechanics study. The municipality also denies any cost overruns or favoritism towards the consortium responsible for executing the works.

Road Conditions and Service Disruptions

Adding to the challenges, reports emerged of poor road conditions on a section of the Vía Expresa Sur’s auxiliary lane. The MML attributed the asphalt sinking to an area worked on by the company Luz del Sur. The municipality also acknowledges that electricity outages have occurred due to damage to electrical networks during the Vía Expresa Sur’s construction.

This saga involving the Vía Expresa Sur serves as a stark reminder of the complexities involved in urban development, the importance of regulatory compliance, and the potential for political clashes to impede progress.

FAQ: Understanding the Vía Expresa Sur Controversy

What is the Vía Expresa Sur?

It’s a road project in Lima aimed at connecting Barranco, Surco, and San Juan de Miraflores to ease traffic.

Why is the MTC fining the MML?

For allegedly lacking a valid environmental certification for the project.

Will construction be halted?

The MML insists construction will continue despite the dispute.

What are the alleged irregularities?

Concerns include missing studies and potential environmental impact issues.

Who is responsible for the road’s poor condition?

The MML blames a utility company (Luz del Sur) for the asphalt sinking.

What do you think? Share your comments and thoughts about the infrastructure project in the comments below!