National solid waste policy-law No. 12,305 of 8/2/2010

28 de December de 2012, por em Sustainability, Trash

Presidency of the Republic
Civil House
Cabinet Subcommittee for Legal Affairs

Law No. 12,305, 2 AUGUST 2010.

 

The establishment of the Brazilian solid waste Policy; changes in law 9,605, February 12, 1998; and other matters.
The PRESIDENT of the REPUBLIC do I know that the National Congress decrees and I sanction the following law:

TITLE I

GENERAL PROVISIONS

CHAPTER I

OF THE OBJECT AND FIELD OF APPLICATION

Art. 1 this law establishes the Brazilian solid waste Policy, featuring on its principles, objectives and instruments, as well as on the guidelines relating to the integrated management and solid waste management, including hazardous, the responsibilities of the generators and the public authorities and economic instruments.

§ 1 shall be subject to observance of this Law the individuals or legal entities, public or private law, responsible, directly or indirectly, by the generation of solid waste and to develop actions related to integrated or solid waste management.

§ 2 this Act does not apply to radioactive waste, which are regulated by specific legislation.

Art. 2 apply to solid waste, in addition to the provisions of this law, the laws on 11,445, of January 5, 2007, 9,974, June 6, 2000, and 9,966, April 28, 2000, the standards set by the national environmental System (Sisnama), national health surveillance system (SNVS), Unified system of attention to agriculture and Health (Suasa) and National metrology system , Standardization and Industrial quality (Sinmetro).

CHAPTER II

DEFINITIONS

Art. 3 for the purposes of this Law, the following definitions shall apply:

I-sector agreement: Act of contractual agreement between the public authorities and manufacturers, importers, distributers or traders, with a view to the implementation of shared responsibility for the life cycle of the product;

II-contaminated area: place where there is contamination caused by disposition, regular or irregular, of any substance or residues;

III-orphan contaminated area: contaminated area whose responsible for disposal are not identifiable or individualizáveis;

IV-life cycle of the product: series of steps involving product development, obtaining raw materials and inputs, the process of production, consumption and disposal;

V-selective collection: solid waste collection previously segregated according to their Constitution or composition;

VI-social control: set of mechanisms and procedures to ensure the information and society participation in the processes of formulation, implementation and evaluation of public policies related to solid waste;

VII-environmentally appropriate final disposal: waste disposal including reuse, recycling, composting, energy recovery and the exploitation or other competent bodies of permitted destinations Sisnama, SNVS and Suasa, including the final disposal, noting specific operational standards in order to avoid damage or risks to public health and safety and to minimize adverse environmental impacts;

VIII-environmentally appropriate disposal: distribution of waste in landfill sites ordered by looking at specific operational standards in order to avoid damage or risks to public health and safety and to minimize adverse environmental impacts;

IX-solid waste generators: individuals or legal entities, public or private, that generate solid waste through its activities, including;

X-solid waste management: set of actions carried out, directly or indirectly, in the stages of collection, transport, transfer, treatment and final destination environmentally adequate solid waste and environmentally appropriate disposal of waste, in accordance with municipal plan of integrated solid waste management or with solid waste management plan, required in the form of this law;

XI-integrated solid waste management: set of actions directed to the search for solutions to solid waste, in order to consider the policy dimensions, economic, environmental, social/cultural, social control and under the premise of sustainable development;

XII-reverse logistics: a tool for social and economic development characterized by a set of actions, procedures and means to enable the collection and refund of solid waste to the business sector, to reuse in your cycle or other productive cycles, or other environmentally appropriate final disposal;

XIII-sustainable patterns of production and consumption: production and consumption of goods and services to meet the needs of current generations and allow better living conditions, without compromising environmental quality and meet the needs of future generations;

XIV-recycling: processing of solid waste process that involves changing its physical properties, physico-chemical or biological weapons, with a view to processing on inputs or new products, in compliance with the conditions and standards established by competent organs Sisnama and, if applicable, the SNVS and Suasa;

XV-tailings: solid waste, after exhausted all the possibilities for treatment and recovery by technological processes available and economically viable, not another possibility than environmentally appropriate disposal;

XVI-solid waste: material, substance, object or thrown resulting from human activities in society, whose final destination is, you propose to proceed or if you are required to proceed in solid or semissólido, as well as in containers and liquid gases whose peculiarities become unfeasible its release on public sewers or water bodies, or require for that technical solutions or economically unviable in the face of best available technology;

XVII-shared responsibility for the lifecycle of products: individual assignments and chained set of manufacturers, importers, distributors and traders, consumers and of holders of public services of urban cleaning and solid waste management, to minimize the volume of solid waste and waste generated, as well as to reduce the impacts to human health and environmental quality arising from the life cycle of products under this Law;

XVIII-reuse: recovery process of solid waste without their biological transformation, physics or physical chemistry, observed the conditions and standards established by competent organs Sisnama and, if applicable, the SNVS and Suasa;

XIX-public service urban cleaning and solid waste management: set of activities provided for in art. 7 of law No. 11,445, of 2007.

TITLE II

NATIONAL SOLID WASTE POLICY

CHAPTER I

GENERAL PROVISIONS

Art. 4th National solid waste policy brings together the set of principles, goals, instruments, guidelines, goals and actions adopted by the Federal Government, alone or in cooperation with States, Federal District, Municipalities or private individuals, with a view to integrated management and environmentally appropriate management of solid waste.

Art. 5th national solid waste policy is part of the National Environmental Policy and articulates with the National Environmental Education Policy, governed by the law of April 27, 1999 9,795, with the Federal Policy of sanitation, regulated by law No. 11,445, of 2007, and with the law on 11,107, April 6, 2005.

CHAPTER II

THE PRINCIPLES AND OBJECTIVES

Art. 6 principles of the Brazilian solid waste policy:

I. the prevention and precaution;

II-the polluter-pays principle and the protector-receiver;

III-the systemic vision, in solid waste management, to consider the environmental variables, social, cultural, economic, technological and public health;

IV-sustainable development;

V-the eco-efficiency by matching between the supply, competitive prices, of qualified goods and services that satisfy human needs and bring quality of life and reducing the environmental impact and the consumption of natural resources to a level at least equivalent to the estimated planet support capacity;

VI-cooperation between the different spheres of the Government, the business sector and other segments of society;

VII-the shared responsibility for the life cycle of products;

VIII-the recognition of the solid residue re-usable and recyclable as a good economical and social value, employment and income generator and promoter of citizenship;

IX-respect for local and regional diversity;

X-the right of society to information and social control;

XI-the reasonableness and proportionality.

Art. 7 Are goals of the Brazilian solid waste policy:

I-protection of public health and environmental quality;

II-no generation, reduction, reuse, recycling and treatment of solid waste, as well as environmentally appropriate disposal of waste;

III-encouraging adoption of standards of sustainable production and consumption of goods and services;

IV-adoption, development and improvement of clean technologies as a way of minimizing environmental impacts;

V-volume and reduction of the danger of hazardous waste;

VI-encouraging the recycling industry, in order to encourage the use of raw materials and inputs derived from recyclable materials and recycled;

VII-integrated solid waste management;

VIII-relationship between the different spheres of Government, and of these with the business sector, with a view to technical and financial cooperation for the integrated management of solid waste;

IX-continuing technical training in the area of solid waste;

X-regularity, continuity, functionality and universality of public services of urban cleaning and solid waste management, with adoption of managerial and economic mechanisms to ensure cost recovery of services provided, in order to ensure their operational and financial sustainability, observed the law No. 11,445, of 2007;

XI-priority acquisitions and Government contracts for:

the recycled and recyclable products);

b) goods, services and works which they consider standards-compliant criteria of social and environmentally sustainable consumption;

XII-integration of reusable and recyclable material collectors in actions involving shared responsibility for the life cycle of products;

XIII-stimulating implementation of life cycle assessment of the product;

XIV-encourage the development of environmental management and business systems for improvement of production processes and the reuse of solid wastes, including the recovery and energy use;

XV-stimulating environmental labelling and sustainable consumption.

CHAPTER III

OF THE INSTRUMENTS

Art. 8. Are instruments of National Policy of solid waste, among others:

I-solid waste plans;

II-inventories and annual declaratory system of solid waste;

III-the recycling, reverse logistics systems and other tools related to the implementation of shared responsibility for the life cycle of products;

IV-encouragement for the establishment and development of cooperatives or other forms of Association of reusable and recyclable materials collectors;

V-the environmental surveillance and monitoring, health and agriculture;

VI-financial and technical cooperation between the public and private sectors for the development of research of new products, methods, processes and management technologies, recycling, reuse, waste treatment and environmentally appropriate disposal of waste;

VII-the scientific and technological research;

VIII-environmental education;

IX-fiscal incentives, financial and credit;

X-the National Environmental Fund and the National Fund for scientific and technological development;

XI-the National System of information on the management of solid waste (Sinir);

XII-the National Information System on Sanitation (Sinisa);

XIII-the advice of environment and fit, the;

XIV-the collegiate bodies for the social control of the municipal services of municipal solid waste;

XV-the national registry of operators of hazardous waste;

XVI-sectoral agreements;

XVII-what fits, the instruments of the National Environment Policy, among them: the) environmental quality standards;

b) Technical record of potentially polluting Activities or Users of environmental resources;

c) Cadastre Federal Technical activities and Environmental defence instruments;

d) the assessment of environmental impacts;

and) the national system of information about the environment (Sinima);

f) licensing and review of actual or potentially polluting activities;

XVIII-the terms of appointment and the conduct adjustment terms; XIX-encouraging the adoption of consortia or other forms of cooperation between the federated entities, with a view to lifting the scales of utilization and reduction of the costs involved.

TITLE III

THE GUIDELINES APPLY TO SOLID WASTE

CHAPTER I

PRELIMINARY PROVISIONS

Art. 9 management and solid waste management, should be observed the following order of priority: no generation, reduction, reuse, recycling, solid waste treatment and final disposal of waste environmental.

§ 1 Can be used for energy recovery technologies of municipal solid waste, since it has been proven technical and environmental viability and with the deployment of monitoring program of toxic gas emissions approved by the environmental agency.

§ 2 the Brazilian solid waste Policy and solid waste policies of States, the Federal District and the Municipalities will be compatible with the provisions of the main clause and § 1 of this article and with the other guidelines set forth in this law.

Art. 10. It is for the Federal District and the municipalities integrated management of solid waste generated on their territory, without prejudice to the powers of control and monitoring of federal and State organs of the SNVS and Amazonia, Suasa, as well as the responsibility for managing the waste generator, as set forth in this law.

Art. 11. In compliance with the guidelines and other provisions laid down in this law and its regulation, it is for the States:

I-promote the integration of the Organization, planning and implementation of public functions of common interest related to solid waste management in metropolitan areas, conurbations and micro-regions, under the complementary State law provided for in § 3 of art. 25 of the Federal Constitution;

II-control and supervise the activities of the generators are subject to licensing by the State organ Sisnama.

Sole paragraph. The role of the State in the form of the caput must support and prioritize the initiatives of the municipality of consortium or shared solutions between 2 (two) or more Municipalities.

Art. 12. The Union, the States, the Federal District and the municipalities shall organise and maintain, together, the National System of information on the management of solid waste (Sinir), articulated with Sinisa and Sinima.

Sole paragraph. It is up to the States, the Federal District and the municipalities provide the federal agency responsible for coordinating the Sinir all necessary information on waste under their sphere of competence, in the manner and on the periodicity set out in regulation.

Art. 13. For the purposes of this Act, the solid waste have the following classification:

I-about the origin:

the household waste: those originating) of domestic activities in urban residences;

(b) urban cleaning residues): originating in the sweeping, cleaning of public places and public streets and other urban cleaning services;

c) municipal solid waste: included in sub-clauses "a" and "b";

d) wastes from commercial establishments and service providers: those generated in these activities, except those referred to in "b", "e", "g", "h" and "j";

and waste public services) sanitation: those generated in these activities, except those referred to in item "c";

f) industrial waste: those generated in the production processes and industrial installations;

g) health care waste: those generated in health services, as defined in regulation or standards set by the Sisnama and SNVS;

h) construction: the waste generated in the constructions, reforms, repairs and demolition of construction works, including those resulting from the preparation and excavation of land for civil works;

I) agrossilvopastoris: the waste generated in the agricultural and silvicultural activities, including those related to inputs used in these activities;

j) waste transport services: the originating in ports, airports, customs, road and rail terminals and border crossings;

k) mining waste: those generated in research activity, extraction or processing of ores;

II-as regards the danger:

the) hazardous wastes: those who, due to their characteristics of flammability, corrosivity, reactivity, toxicity, pathogenicity, carcinogenicity, teratogenicity and mutagenicity, present significant risk to public health or environmental quality, in accordance with law, regulation or technical standard;

b) non-hazardous waste: those not covered under "a".

Sole paragraph. Respected the provisions of art. 20, the waste referred to in paragraph "d" of sub-item I of caput, whether characterized as non-hazardous, can, by reason of their nature, composition or volume, be assimilated to household waste by municipal public power.

CHAPTER II

SOLID WASTE PLANS

Section I

General Provisions

Art. 14. Solid waste plans are:

I-the national plan of solid waste;

II-the State plans of solid waste;

III-the microrregionais plans of solid waste and solid waste plans of metropolitan areas or urban agglomerations;

IV-the Intercity plans of solid waste;

V-the municipal plans of integrated solid waste management;

I saw the solid waste management plans.

Sole paragraph. Is ensured wide publicity to the contents of the plans of solid waste, as well as social control in its formulation, implementation and operation, subject to the provisions of the Law on the 10,650, April 16, 2003, and in art. 47 of law No. 11,445, of 2007.

Section II

National solid waste plan

Art. 15. The Union shall draw up, under the coordination of the Ministry of environment, the national solid waste Plan, effective for an indeterminate period and horizon of 20 (twenty) years, being updated every 4 (four) years, with minimum content:

I-diagnosis of the current situation of solid waste;

II-proposal of scenarios, including international and macroeconomic trends;

III-goals of reduction, reuse, recycling, among others, in order to reduce the amount of waste and waste sent to disposal environmentally adequate;

IV. goals for the energy use of the gases generated in the final disposal of solid waste;

V-goals for the removal and recovery of waste dumps, linked to social inclusion and economic emancipation of reusable and recyclable materials collectors;

VI-programs, projects and actions to meet the targets set;

VII-technical standards and requirements for access to resources of the Union, to obtain your consent or to access the managed resources, directly or indirectly, by federal entity, when intended for the actions and programs of interest to solid waste;

VIII-measures to encourage and facilitate the regionalised management of solid waste;

IX-guidelines for the planning and activities waste management integrated development regions established by complementary law, as well as to the areas of special tourist interest;

X-standards and guidelines for the disposal of waste and, when applicable, of waste;

XI-means to be used for the control and surveillance, at the national level, of its implementation and operation, ensuring social control.

Sole paragraph. The national plan shall be prepared by solid waste process of mobilization and social participation, including the holding of hearings and public consultations.

Section III

State solid waste plans

Art. 16. The preparation of solid waste State plan, as foreseen by this law, is a condition for States to have access to resources of the Union, or controlled, intended for projects and services related to solid waste management, or to be benefit from incentives or financing of federal entities or promotion credit for such a purpose. (Duration)

§ 1 shall be prioritized access to resources of the Union referred to in the caput States introduce micro-regions, according to the § 3 of art. 25 of the Federal Constitution, to join the Organization, the planning and execution of the actions by neighboring municipalities on solid waste management.

§ 2 shall be established in additional standards regulation on access to the resources of the Union in the form of this article.

§ 3 the responsibility of generators under this Law, the micro-regions imposed as provided for in § 1 shall cover activities of selective collection, recovery and recycling, treatment and final disposal of municipal solid waste, construction waste management, transport services, health services, agrossilvopastoris or other residues, in accordance with the peculiarities microrregionais.

Art. 17. The State plan of solid waste will be developed for validity by an indeterminate period, covering the entire territory of the State, with horizon of performance of 20 (twenty) years and reviews every 4 (four) years, and having as minimum content:

I-diagnosis, included the identification of the main waste streams in the State and its social, economic and environmental impacts;

II-proposal of scenarios;

III-goals of reduction, reuse, recycling, among others, in order to reduce the amount of waste and waste sent to disposal environmentally adequate;

IV. goals for the energy use of the gases generated in the final disposal of solid waste;

V-goals for the removal and recovery of waste dumps, linked to social inclusion and economic emancipation of reusable and recyclable materials collectors;

VI-programs, projects and actions to meet the targets set;

VII-technical standards and requirements for access to State resources, to obtain your consent or to the managed resource access, directly or indirectly, by State entity, when the actions and programs of interest to solid waste;

VIII-measures to encourage and enable the Consortium or shared management of solid waste;

IX-guidelines for the planning and activities waste management of metropolitan areas, conurbations and regions;

X-standards and guidelines for the disposal of waste and, when fit, residues, compliance with the provisions laid down at the national level;

XI-prediction, in accordance with the instruments of territorial planning, especially the ecologic-economic zoning and coastal zoning, of:

the favourable areas for location) of solid waste treatment or disposal of waste;

b) degraded areas due to improper disposal of solid waste or tailings to be object of environmental recovery;

XII-the means to be used for the control and surveillance, at the State level, of its implementation and operation, ensuring social control.

§ 1 in addition to the State solid waste plan, a Member State may draw up plans microrregionais of solid waste, as well as specific plans directed to metropolitan regions or urban agglomerations.

§ 2 the development and implementation by the States of microrregionais solid waste plans, or plans for metropolitan areas or urban agglomerations, in accordance with the provisions of § 1, shall necessarily with the involvement of the Municipalities involved and do not exclude or replace any of the prerogatives the Municipalities provided for by this law.

§ 3 the responsibility of generators under this Law, the microrregional plan of solid waste must meet the State plan and establish integrated solutions for the selective collection, recovery and recycling, treatment and final disposal of solid urban waste and, considering the peculiarities microrregionais, other types of waste.

Section IV

Municipal plans of Integrated Solid Waste Management

Art. 18. The development of integrated management of municipal solid waste, according to by this law, is a condition of the Federal District and the municipalities have access to resources of the Union, or controlled, intended for projects and services related to cleaning and urban solid waste management, or to be benefit from incentives or financing of federal entities or promotion credit for such a purpose. (Duration)

§ 1 shall be prioritized access to resources of the Union referred to in the caput of the municipalities:

I-opt for inter-municipal consortium solutions for solid waste management, including the development and implementation of inter-municipal plan, or that fall voluntarily microrregionais solid waste plans referred to in paragraph 1 of art. 16;

II-deploy separate collection with the participation of cooperatives or other forms of Association of reusable and recyclable materials collectors formed by individuals from low-income families.

§ 2 shall be established in additional standards regulation on access to the resources of the Union in the form of this article.

Art. 19. The municipal plan of integrated solid waste management has the following minimum content:

I-diagnosis of the situation of the solid waste generated within its territory, containing the origin, volume, waste characterization and the forms of appropriation and final provision adopted;

II-identification of areas favourable for environmentally appropriate disposal of tailings, observed the master plan contemplated in paragraph 1 of art. 182 of the Federal Constitution and environmental zoning, if any;

III. identification of the possibilities of deploying solutions Consortium or shared with other Municipalities, considering the criteria of economy of scale, the proximity of the established sites and ways of prevention of environmental risks;

IV. identification of solid waste and the generators are subject to specific management plan pursuant to art. 20 or the reverse logistics system in the form of art. 33, observing the provisions of this law and its regulations, as well as the norms established by the Sisnama and SNVS;

V-minimum specifications and operational procedures to be adopted in the public services of urban cleaning and solid waste management, including the appropriate tailings disposal environmentally and observed the law No. 11,445, of 2007;

VI-operational and environmental performance indicators of public services of urban cleaning and solid waste management;

VII-rules for transport and other solid waste management steps contemplated in art. 20, in compliance with the norms established by the Sisnama and SNVS and other relevant provisions of federal and State legislation;

VIII-definition of responsibilities with regard to its implementation and operation, including those stages of the solid waste management plan referred to in art. 20 the position of public power;

IX-technical training programs and actions aimed at its implementation and operationalization;

X-environmental education programs and actions that promote the generation, not the reduction, reuse and recycling of solid waste;

XI-programmes and actions for the participation of the groups concerned, in particular of cooperatives or other forms of Association of reusable and recyclable materials collectors formed by individuals, if any;

XII-mechanisms for the creation of sources of business, employment and income, through the recovery of waste solids;

XIII-system for calculating the costs of providing public services of urban cleaning and solid waste management, as well as the way of charging for these services, observed the law No. 11,445, of 2007;

XIV-goals of reduction, reuse, recycling and recycling, among other, in order to reduce the amount of waste sent for environmentally appropriate disposal;

XV-description of the shapes and the limits of local government participation in selective collection and in reverse logistics, respected the provisions of art. 33, and other actions relating to the shared responsibility for the life cycle of products;

XVI-the means to be used for the control and surveillance, at the local, the implementation and operation of solid waste management plans referred to in art. 20 and reverse logistics systems provided for in art. 33;

XVII-preventive actions and corrective to be practiced, including monitoring program;

XVIII-identification of environmental liabilities related to solid waste, including contaminated areas, and respective measures taken;

XIX-periodicity of its review, noted as a priority, the duration of the multiannual plan.

§ 1 the municipal plan of integrated solid waste management can be inserted in the sanitation plan provided for in art. 19 of law No. 11,445, of 2007, respected the minimum content laid down in items of the caput and subject to the provisions of § 2, all of this article.

§ 2 To Municipalities with less than 20,000 (twenty thousand) inhabitants, integrated management of municipal solid waste will have simplified content, in the form of regulation.

§ 3 the provisions of § 20 does not apply to Municipalities:

I-members of special tourist interest areas;

II-inserted into the area of influence of enterprises or activities with significant environmental impact of regional or national scope;

III-the territory covering, in whole or in part.

§ 4 the existence of municipal solid waste integrated management does not exempt the Municipality or the Federal District environmental licensing of landfills and other infrastructure and operational facilities members of public service urban cleaning and solid waste management by the competent organ of the Amazonia.

§ 5 the definition of responsibilities in the form of item VIII of the caput of this article, it is forbidden to assign to public service urban cleaning and solid waste management to carry out steps in the management of the waste referred to in art. 8:00 pm disagreement with the respective environmental license or with rules laid down by the Amazonia and, if applicable, the SNVS.

§ 6 in addition to the provisions laid down in sections I to XIX of the caput of this article, the municipal plan of integrated solid waste management will include specific actions to be carried out within the bodies of the public administration, with a view to the rational use of environmental resources, to combat all forms of waste and the minimization of the generation of solid waste.

§ 7 the contents of the municipal plan of integrated solid waste management will be available for the Sinir, in the form of regulation.

§ 8 The lack of integrated management of municipal solid wastes cannot be used to prevent the installation or the operation of enterprises or duly licensed activities by competent bodies.

§ 9 pursuant to regulation, the Municipality that opt for inter-municipal consortium solutions for solid waste management, ensured that the inter-municipal plan satisfies the requirements laid down in items I to XIX of the caput of this article, may be exempt from the application of the development of integrated management of municipal solid waste.

Section V

The solid waste management plan

Art. 20. Are subject to preparation of solid waste management plan:

I-solid waste generators provided for in points (a) to "e", "f", "g" and "k" of sub-item I of art. 13;

II-the shops and services:

the) generate hazardous waste;

b) generate waste which, even characterized as non-hazardous waste, by its nature, composition or volume, will not be treated as household waste by municipal public power;

III-construction companies, in accordance with regulation or standards set by the Sisnama;

IV-responsible for the terminals and other facilities referred to in subclause "j" of sub-item I of art. 13 and under regulation or standards set by the Sisnama and, if applicable, the SNVS, transport undertakings;

V-those responsible for agrossilvopastoris activities, if required by the competent body, or SNVS Sisnama Suasa.

Sole paragraph. Subject to the provisions of Chapter IV of this title, shall be laid down by regulation, specific requirements relating to hazardous waste management plan.

Art. 21. The solid waste management plan has the following minimum content:

I-description of the project or activity;

II-diagnosis of solid waste generated or administered, containing the origin, volume, and the characterization of the waste, including environmental liabilities related to them;

III-subject to the rules laid down by the Sisnama, SNVS and Suasa and, if any, the municipal plan of integrated solid waste management:

the explanation of those responsible for) each step of solid waste management;

b) definition of the operational procedures relating to solid waste management steps under the responsibility of the generator;

IV. identification of consortium or shared solutions with other generators;

Preventive and corrective actions-v to be performed in cases of mismanagement or accidents;

VI-goals and procedures related to the minimization of the generation of solid waste and, in compliance with the norms established by the Sisnama, SNVS and Suasa, the re-use and recycling;

VII-if applicable, actions relating to the shared responsibility for the life cycle of the products, in the form of art. 31;

VIII-taken measures of environmental liabilities related to solid waste;

IX-periodicity of its review, noted, if applicable, the period of validity of the respective operation license in charge of Sisnama.

§ 1 the solid waste management plan will meet the provisions of municipal solid waste integrated management of the respective Municipality, without prejudice to the rules laid down by the Amazonia, the SNVS and Suasa.

§ 2 the absence of municipal solid waste integrated management does not preclude the development, implementation or operationalization of the solid waste management plan.

§ 3 shall be set out in regulation:

I-rules on the chargeability and the content of the solid waste management plan on the performance of cooperatives or other forms of Association of reusable and recyclable materials collectors;

II-criteria and simplified procedures for presentation of solid waste management plans for micro and small enterprises, thus considered those defined in items I and II of the art. 3 of complementary law in 123, December 14, 2006, since the activities carried out by them does not generate hazardous waste.

Art. 22. For the preparation, implementation, operationalization and monitoring of all stages of the solid waste management plan, included the control of environmentally appropriate disposal of tailings, will be appointed technical manager properly enabled.

Art. 23. Those responsible for solid waste management plan will keep you updated and available to the competent municipal body, the licensor of the Amazonia and other authorities, complete information about the implementation and operationalization of the plan under your responsibility.

§ 1 For the achievement of the provisions in the caput, without prejudice to other applicable requirements by the authorities, will be implemented declaratory system with at least annually, in the form of regulation.

§ 2 the information referred to in the caput shall be passed on by public bodies to Sinir, in the form of regulation.

Art. 24. The solid waste management plan is an integral part of the environmental licensing process of the enterprise or activity by the competent organ of the Amazonia.

§ 1 in the projects and activities not subject to environmental licensing, the adoption of the solid waste management plan is the responsibility of the competent municipal authority.

§ 2 in the process of environmental licensing referred to in § 1 in charge of federal or State organ of Sisnama shall be ensured the competent municipal body hearing, in particular as regards the environmentally appropriate disposal of waste.

CHAPTER III

THE RESPONSIBILITIES OF THE PUBLIC POWER AND GENERATORS

Section I

General Provisions

Art. 25. The Government, the business sector and the collective are responsible for the effectiveness of the actions directed to ensure compliance with national solid waste policy and the guidelines and other provisions laid down in this law and its regulations.

Art. 26. The holder of the public services of urban cleaning and solid waste management is responsible for the organisation and provision of these services, directly or indirectly observed the municipal plan of integrated solid waste management, law No. 11,445, of 2007, and the provisions of this law and its regulations.

Art. 27. The person or legal entity referred to in art. 20 are responsible for the implementation and operation of integral solid waste management plan approved by the competent body in the form of art. 24.

§ 1 the services of collection, storage, transport, transfer, treatment or final disposal of solid waste, or tailings disposal, does not exempt the person or legal entity referred to in art. 20 of the liability for damages that may be caused by improper management of their waste or tailings.

§ 2 in cases covered by art. 20, the steps under the responsibility of the generator that are taken by the Government will be properly paid by individuals or companies responsible, subject to the provisions of § 5 of art. 19.

Art. 28. Household solid waste generator has ceased its responsibility for providing waste suitable for the collection or, in the cases covered by art. 33, with the return.

Art. 29. It is up to the Government to act, in the alternative, in order to minimize or stop the damage as soon as it becomes aware of harmful event to the environment or to public health related to solid waste management.

Sole paragraph. Those responsible for the damage fully ressarcirão the Government for expenses incurred as a result of actions undertaken in the form of the heading.

Section II

Of Shared Responsibility

Art. 50 h Shared responsibility is hereby established by the life-cycle of products, to be implemented individually and chained, including manufacturers, importers, distributors and traders, consumers and holders of public services of urban cleaning and solid waste management, depending on the tasks and procedures provided for in this section.

Sole paragraph. The shared responsibility for the life cycle of products aims to:

I-reconcile interests between the economic and social agents and the business management and marketing processes with environmental management, developing sustainable strategies;

II-to promote the utilization of solid wastes, directing them to their supply chain or for other productive chains;

III-to reduce the generation of solid waste, the waste of materials, pollution and environmental damage;

IV. encourage the use of inputs of less aggressive to the environment and sustainability;

V-stimulate the market development, the production and consumption of products from recycled and recyclable materials;

VI-provide the productive activities to achieve efficiency and sustainability;

VII-to encourage good practices of social and environmental responsibility.

Art. 31. Without prejudice to the obligations laid down in the solid waste management plan and to strengthen the shared responsibility and your goals, manufacturers, importers, distributors and merchants have liability covers:

I-investment in the development, manufacturing and marketing of products:

the) to be able, after the use by the consumer, the re-use, recycling or other forms of environmentally adequate destination;

b) whose manufacture and use to generate the least amount of solid waste;

II. disclosure of information regarding ways to prevent, recycle and eliminate the waste associated with their respective products;

III-recoil of the products and the remaining waste after use, as well as its subsequent environmentally appropriate final disposal in the case of reverse logistics system object in the form of art. 33;

IV-commitment when signed agreements or terms of appointment with the Municipality, participate in the actions provided for in the municipal plan of integrated solid waste management, in the case of products not yet included in the reverse logistics system.

Art. 32. Packagings shall be manufactured with materials that allow re-use or recycling.

§ 1 the respective responsible ensuring that packages are:

I-restricted in volume and weight the dimensions required to protect the content and the marketing of the product;

II-designed to be reused in a manner technically feasible and compatible with the requirements applicable to the product they contain;

III-recycled, if reuse is not possible.

§ 2 the regulation will have on the cases where, for technical or economic reasons, is not feasible the implementation of the provisions of the main clause.

§ 3 is responsible for the provisions of this article any person who:

I-packaging or manufacture provides materials for the manufacture of packaging;

II-puts into circulation packaging, materials for the manufacture of packaging or packaged products, at any stage of the trade chain.

Art. 33. Are required to structure and implement reverse logistics systems, upon return of the products after consumer use, independently of the public service urban cleaning and solid waste management, manufacturers, importers, distributors and marketers of:

I-pesticides, their residues and packaging, as well as other products whose packaging after use, constitute hazardous waste, subject to hazardous waste management rules set out in law or regulation, in standards set by the Amazonia, the SNVS and Suasa, or technical standards;

II-batteries;

III-tires;

IV-lubricating oils, waste and packaging;

V-fluorescent lamps, mercury and sodium vapor and mixed light;

VI-electrical and electronic products and components.

§ 1 in the form of provisions in regulation or in sector agreements and terms of engagement signed between public authorities and the business sector, the systems referred to in the caput shall be extended to products marketed in plastic, metal or glass, and other products and packaging, considering, as a priority, the degree and extent of the impact to public health and the environment of the waste generated.

§ 2 the definition of products and packaging referred to in § 1 shall consider the technical and economic feasibility of reverse logistics, as well as the degree and the extent of the impact to public health and the environment of the waste generated.

§ 3 Without prejudice to any specific requirements laid down by law or regulation, in standards set by the Sisnama and SNVS, or sector agreements and terms of engagement signed between public authorities and the business sector, it is up to manufacturers, importers, distributors and marketers of the products referred to in sections II, III, V and VI, or of the products and packaging referred to in items I and IV of the caput and paragraph 1 take all necessary measures to ensure the implementation and operationalization of the reverse logistics system under his charge, as set out in this article and may, among other measures:

I-deploy product purchase procedures or packaging used;

II-delivery stations available reusable and recyclable waste;

III-to act in partnership with cooperatives or other forms of Association of reusable and recyclable materials collectors, in the cases contemplated in § 1.

§ 4 consumers should make the return after use, to merchants or distributors, the products and the packaging referred to in items I to VI of the caput, and other products or packages of object reverse logistics, in the form of § 1.

§ 5 merchants and distributors should make the return to the manufacturers or importers of the products and packaging collected or returned in the form of §§ 3 and 4.

§ 6 manufacturers and importers will provide environmentally suitable disposal of the products and packaging collected or returned, and the tailings to the environmentally appropriate disposal, in the form established by the competent organ of the Amazonia and, if any, by the municipal plan of integrated solid waste management.

§ 7 If the holder of the public service urban cleaning and solid waste management, by sectoral agreement or term of commitment with the business sector, undertake activities of responsibility of manufacturers, importers, distributors and merchants in reverse logistics systems of products and packaging referred to in this article, the actions of the public authorities shall be duly remunerated , in the form agreed between the parties.

§ 8 With the exception of the consumers, all of the take back systems will keep you updated and available to the competent municipal and other authorities with complete information on the implementation of the actions under their responsibility.

Art. 34. Sectoral agreements or terms of appointment referred to in section IV of the caput of the art. 31 and § 1 of art. 33 may have nationwide, regional, State or municipal.

§ 1 The sector agreements and terms of commitment signed nationwide have prevalence over the signed regionally or State, and these on the signed in municipal scope.

§ 2 the application of competing rules according to § 1, the agreements entered into with smaller geographical range can expand, but doesn't slow down, the environmental protection measures in sectoral agreements and terms of commitment signed with greater geographical coverage.

Art. 35. Whenever established separate collection system for integrated management of municipal solid waste and in the application of art. 33, consumers are required to:

I-package properly and in a differentiated manner the solid waste generated;

II. provide the reusable and recyclable solid waste for collection or return.

Sole paragraph. The municipal public power may establish economic incentives to consumers who participate in separate collection system referred to in the caput, in the form of municipal law.

Art. 36. In the context of shared responsibility for the life cycle of products, it is up to the holder of the public services of urban cleaning and solid waste management, observed, if any, the municipal plan of integrated solid waste management:

I-adopt procedures to reuse the reusable and recyclable solid waste from urban cleaning public services and solid waste management;

II-establish separate collection system;

III-articulation with economic agents and social measures to facilitate the return to the productive cycle of reusable and recyclable solid waste from urban cleaning services and solid waste management;

IV-to carry out the activities defined by sectoral agreement or term of commitment in the form of § 7 of art. 33, upon proper remuneration for the business sector;

V-deploy composting system for organic solid waste and articulate with the economic and social agents forms of use of the compound produced;

I saw him give adequate waste disposal environmentally and tailings from the public service urban cleaning and solid waste management.

§ 1 For the compliance with the provisions laid down in sections I to IV of the caput, the holder of the public services of urban cleaning and solid waste management will prioritize the organisation and functioning of cooperatives or other forms of Association of reusable and recyclable materials collectors formed by individuals from low-income families, as well as their recruitment.

§ 2 the employment provided for in § 1 is dispensable for tender, in accordance with section XXVII of the art. 24 the law in 8,666, June 21, 1993.

CHAPTER IV

OF HAZARDOUS WASTE

Art. 37. The installation and operation of enterprise or activity that manages or operates with hazardous waste can only be authorized or licensed by the competent authorities responsible check minimum technical and economic capacity, in addition to conditions to provide the care needed to manage these wastes.

Art. 38. Legal entities operating with hazardous waste in any phase of its management, are required to register on the national registry of operators of hazardous waste.

§ 1 the registration referred to in the caput shall be coordinated by the competent federal organ Sisnama and deployed jointly by the Federal, State and municipal authorities.

§ 2 for registration, the legal entities referred to in the caput need count on technical responsible for managing hazardous waste, from your own staff or contractor, qualified, whose data will be kept updated in the register.

§ 3 the registration referred to in the caput is an integral part of the Federal Technical Register of potentially polluting Activities or Users of environmental resources and Information system provided for in art. 12.

Art. 39. Legal entities referred to in art. 38 are obliged to draw up hazardous waste management plan and submit it to the competent body of the Amazonia and, if applicable, the minimum content SNVS set out in art. 21 and other requirements laid down in regulation or technical standards.

§ 1 the hazardous waste management plan referred to in the caput may be inserted in the waste management plan referred to in art. 20.

§ 2 the legal entities referred to in art. 38:

I-keep updated and easily accessible record of all procedures related to the implementation and operationalization of the plan referred to in the caput;

II. report annually to the competent body of the Amazonia and, if applicable, the SNVS, on the amount, the nature and the temporary or final disposal of waste under their responsibility;

III-to adopt measures to reduce the volume and the dangerousness of waste under your responsibility, as well as to improve their management;

IV-to inform immediately the competent organs on the occurrence of accidents or other claims related to hazardous waste.

§ 3 where requested by the competent organs of Sisnama and SNVS, will be ensured access for inspection of facilities and procedures related to the implementation and operationalization of the hazardous waste management plan.

§ 4 in case of control by federal or State of the organ and the SNVS Sisnama information about the content, implementation and operationalization of the plan referred to in the caput shall be passed on to the municipal public power, in the form of regulation.

Art. 40. The environmental licensing of enterprises or activities that operate with hazardous waste, the licensor of Sisnama may require the hiring of civil liability insurance for damage caused to the environment or to public health, in compliance with the rules on coverage and the ceilings fixed in procurement regulation.

Sole paragraph. The provisions in the caput shall consider the size of the company, according to regulation.

Art. 41. Without prejudice to the other spheres of Government initiatives, the Federal Government should structure and maintain instruments and activities aimed at promoting the decontamination of areas.

Sole paragraph. If, after decontamination of orphan site held with Federal Government resources or another entity of the Federation, are identified those responsible for the contamination, these ressarcirão the full value to the Government employee.

CHAPTER V

OF ECONOMIC INSTRUMENTS

Art. 42. The Government could institute measures and inducing credit lines to meet priority initiatives:

I-prevention and reduction of the generation of solid waste in the production process;

II-development of products with lower impacts to human health and environmental quality in their life cycle;

III-implementation of physical infrastructure and acquisition of equipment for cooperatives or other forms of Association of reusable and recyclable materials collectors formed by individuals from low-income families;

IV-development of projects for solid waste management intermunicipal character or, pursuant to item I of the caput of the art. 11, regional;

V-structuring of selective collection systems and reverse logistics;

VI-decontamination of contaminated areas, including orphans;

VII. development of research towards clean technologies applicable to solid waste;

VIII-development of environmental management and business systems for improvement of production processes and the reuse of waste.

Art. 43. In the promotion or on granting of credit incentives intended to meet guidelines of this law, official institutions can establish credit differentiated criteria of access of beneficiaries to credits of the national financial System for productive investments.

Art. 44. The Union, the States, the Federal District and the municipalities, within the framework of its powers, may establish rules in order to grant fiscal incentives, financial or credit, the limitations of complementary law in 101, May 4, 2000 (Fiscal responsibility law), to:

I-industries and entities dedicated to re-use, treatment and recycling of solid waste produced in the national territory;

II-projects related to responsibility for the life cycle of products, primarily in partnership with cooperatives or other forms of Association of reusable and recyclable materials collectors formed by individuals from low-income families;

III-companies dedicated to urban cleaning and related activities.

Art. 45. The public consortiums constituted in accordance with law in 2005, 11,107, aiming to achieve decentralization and provision of public services involving solid waste, have priority in getting incentives instituted by the Federal Government.

Art. 46. The attendance to the provisions of this Chapter shall be effected in accordance with the complementary law No. 101 of 2000 (law of Fiscal responsibility), as well as with the guidelines and objectives of the multiannual plan, the goals and the priorities laid down by the laws of and within the limits of the budgetary guidelines availabilities offered by annual budgetary laws.

CHAPTER VI

THE PROHIBITIONS

Art. 47. The following are prohibited forms of distribution or disposal of solid waste or tailings:

I-release on beaches, in the sea or any water bodies;

II-fresh release, aside from mining waste;

III-burning in the open or in containers, non-licensed facilities and equipment for this purpose;

IV-other forms sealed by the Government.

§ 1 When declared health emergencies, the burning of waste in the open can be performed provided that authorized and monitored by the competent bodies, and SNVS Sisnama, when fit, of Suasa.

§ 2 Ensured proper waterproofing, settling basins of wastes or industrial or mining waste, properly licensed by the competent organ of the Amazonia, are not considered water bodies for the purposes of item I of the caput.

Art. 48. The following shall be prohibited in the areas of waste or tailings disposal, the following activities:

I-use of waste prepared as food;

II-social grooming, subject to the provisions of section V of the art. 17;

III-creating domestic animals;

IV-establishment of temporary or permanent housing;

V-other activities forbidden by the Government.

Art. 49. It is prohibited to importation of hazardous solid waste and tailings, as well as the characteristics of solid waste to cause damage to the environment, public health and animal and plant health, although for treatment, reform, reuse, reuse or recovery.

TITLE IV

TRANSITIONAL AND FINAL PROVISIONS

Art. 30 h The absence of regulation provided for in § 3 of art. 21 shall not preclude the actions under this Law, co-operatives or other forms of Association of reusable and recyclable material collectors.

Art. 51. Without prejudice to the obligation of, regardless of the existence of fault, to repair the damage caused, the action or inaction of individuals or legal entities that import non-compliance with the provisions of this law or its regulations subjected violators to the penalties provided for in law, in particular those laid down in the law on 9,605, February 12, 1998, which "provides for criminal sanctions or administrative conducts and activities derived from affecting the environment , and other matters ", and in its rules.

Art. 52. Compliance with the provisions in the caput of the art. 23 and in paragraph 2 of art. 39 of this law is considered relevant environmental interest obligation for the purposes of art. 68 of law nº 9,605, 1998, without prejudice to the application of other sanctions in penal and administrative spheres.

Art. 13th Paragraph 1 of art. 56 of law 9,605, February 12, 1998, goes into effect as follows:

"Art. 36 h ………………………………………………………………………

§ 1 in the same penalties incurred:

I-abandons products or substances referred to in the caput or uses them at odds with environmental or safety standards;

II-handles, packages, stores, collects, transports, reuses, recycles or hazardous waste disposal differently from established in law or regulation.

…………………………………………………………………………………” (NR)

Art. 54. The environmentally appropriate disposal of waste, subject to the provisions of paragraph 1 of art. 9, should be deployed in up to 4 (four) years after the date of publication of this law.

Art. 55. The provisions of arts. 16 and 18 shall enter into force on 2 (two) years after the date of publication of this law.

Art. 36 h The reverse logistics relating to products in items V and VI of the caput of the art. 33 will be implemented progressively according to schedule established in regulation.

Art. 57. This law shall enter into force on the date of its publication.

Brasília, August 2, 2010; 189 and 122 of the Republic's independence.

LUIZ INÁCIO LULA DA SILVA
Rafael Tan Favetti
Guido Mantega
José Gomes Temporão
Miguel Jorge
Izabella Monica Vieira Teixeira
Joao Reis Santana Filho
Marcio Fortes de Almeida
Alexander Ramos P

This replaces the text published in the 3.8.2010