Learn more about the Brazilian solid waste Policy

14 de August de 2014, por em Trash

In the language of trash, waste is waste solids that can no longer be reused, recycled or treated, and should be sent to landfills. Solid waste already liable to reuse, recycling or treatment for economically viable technologies should be inserted in the production chain of recycling cannot be sent to landfills. Only waste disposal in landfill is still a challenge for municipalities, in need of a good system of separate collection and treatment of organic waste, to send a minimum of solid waste to the landfill. Check out the following relevant questions about the Brazilian solid waste Policy.

1. What is the deadline for the closure of landfills?

The deadline for closure of landfills, according to the law No. 12,305/10, is August 2, 2014 and, from this date, the waste must have a environmentally appropriate disposal. This period is part of the goals of the State or municipal plans of solid waste, which shall provide for the orderly distribution of waste from landfill, in order to avoid damage or risks to public health, safety and to minimize adverse environmental impacts, to the separate collection. In addition, the municipality shall establish targets for the reduction of solid waste generation.

The law does not expressly in closure of landfills, but this is a consequence of environmentally appropriate disposal of waste that must be reflected in the goals for the removal and recovery of these dumps in their solid waste plans.

The disposal of solid waste in landfills is a crime since 1998, when it was sanctioned the law of environmental crimes (Law 9,605/98). The law provides, in its article 54, which cause pollution through the release of solid waste in accordance with environmental laws and regulations is a crime. In this way, the dumps that are operating are in disagreement with the law No. 12,305/2010 and 9,605/98.

Thus, the areas of landfills should be disabled, isolated and recovered environmentally. The closure of landfills and landfill controlled comprises at least: fencing actions; rainwater drainage; cover with soil and vegetation cover; surveillance system; relocation of people and buildings located within the area of the landfill or landfill controlled. The relocation must be participatory form, using as a reference the program pró-catador (Decree 7,405/10) and the programs of social interest housing.

2. What is the value of the fine for those who do not meet the deadline of having the solid waste?

In accordance with articles 61 and 62 of the Decree 6,514/08, which regulates the law of environmental crimes, who cause pollution that may result in damage to human health or the environment, including the improper disposal of solid waste, will be subject to a fine of $ 5000 to $ 50 million.

3. The Mayor is held responsible for failure to comply with the deadline of

environmentally appropriate disposal of solid waste?
According to the law of environmental crimes, those responsible for solid waste disposal in landfills can be held accountable. Is of constitutional competence the municipalities organize and provide public services of local interest, among which is the solid waste management.

4. What will happen to the municipality that still have dumps?

The federal Government is in conjunction with the Federal prosecutors to establish a trading strategy of closure of landfills through conduct adjustment Terms (TACs) with the prefectures.

5. How is the supervision?

Competent authorities are to cultivate infraction and establish administrative procedure employees of environmental agencies members of the national environmental System (Sisnama), designated for inspection activities, as well as the agents of the Port Authorities, the Ministry of the Navy.

The State and municipal agencies environment and the Brazilian Institute of environment and renewable natural resources (Ibama), are responsible for monitoring the actions that may cause damage to the environment, within their spheres of competence.

6. The that represents the deadline of August 2, 2014?

12,305/2010 law provides, in its article 54 that "environmentally appropriate disposal waste (…) should be deployed in up to four years after the date of publication of this law ", that is, until August 2, 2014.

Tailings are the solid waste that cannot be reused, recycled or treated, not showing another possibility of allocation than the environmentally appropriate disposal. Recyclable waste and organic waste, for example, may be treated with appropriate methods and standardised and return to productive cycle, it is not considered waste.

Therefore, what the law is, after August 2, 2014, distributable materials reuse, recycling or treatment for economically viable technologies (such as recyclable waste or organic) can no longer be sent to final disposal.
For disposal in landfill waste only, the municipality must have a good solid waste management system, including separate collection and treatment of organic waste, for example, in order to send as little as possible for the landfill.

7. The deadline for environmentally appropriate disposal shall be extended?

The federal Government will adopt a measure to extend the deadline for the environmentally appropriate disposal waste. It is not just to extend the deadline-the discussion is broader and involves peculiarities of each region, State and city in the country. Therefore, the deadline for local authorities shut down the dumps ended on Saturday day 2. It should be emphasized that the improper disposal of solid waste – whether in the water or soil – is environmental crime provided for by Law n° 9,605 (law of Environmental Crimes) since 1998 and, therefore, the postponement of the deadline would franchise the municipalities of the constitutional obligation to protect the environment and fight pollution in any of its forms including, of course, available in open dumps , the dumps.

8. What is the deadline for the preparation of solid waste plans?

States and municipalities can draw up your plans at any time, there is no specific requirement or a deadline for the submission of those documents. The plans, however, are important tools for the care of the law and the local planning of solid waste management.

The implications of not having a waste plan are given in art. 55 of the law, which defines that 12,305 from August 2, 2012, States and municipalities that do not have their elaborate plans may not have access to resources of the Union, or controlled by it, to be used in projects and services related to solid waste management.

In this way, so the States/municipalities develop their plans will be able to plead features available in Federal Government actions intended for solid waste management.

9. After the waste plan, access to the resources of the Union is automatic?

The national solid waste policy establishes how the condition for access to the Union's resources or controlled, the development of solid waste management plans. However, the existence of the plan completed, approved and which complies with the minimum content laid down in Law 12,305/2010, is a necessary condition, but not enough to formulate the request for resources. It is essential, for example, that the object of the claim is included in the plan and that the municipality is not defaulted.

In this way, requests for public resources should be enjoyed by the fire, based on the principles of discretion, convenience and opportunity, and may be granted or not.

The decision to grant federal public resources should take into account the provisions of the law dealing with the 12,305/2010 priorities for access to the resources of the Union. For example, the municipality that chooses to Consortium solutions for solid waste management and/or deploy separate collection with the participation of cooperatives or other forms of Association of reusable and recyclable materials collectors can be prioritized.

10. The federal Government has credit lines for investment in the area of solid waste?

Between 2012 and 2014, the federal Government provided $ 1.2 billion for the implementation of the PNRS. A good part of the resources made available was not applied by States and municipalities. Of this total, r $ 56.7 million were from the Ministry of the environment (2011-2012). The Ministry of cities, the Ministry of environment and the National Health Foundation (Funasa) remain, in General, support for initiatives related to solid waste.

11. How many municipalities completed their solid waste plans?

According to the research of Basic Municipal Information-MUNIC, base year 2013 (IBGE, 2014), 1,865 municipalities have declared possessing plans of integrated management of solid waste in terms of the PNRS.

12. The term of the day August 2 also applies to the reverse logistics?

Don't. The national solid waste policy (PNRS) does not set deadline for the implementation of the reverse logistics systems. Reverse logistics are procedures aimed at regulating the activities of collection and return of discarded products to manufacturers and importers (through dealers and distributors) for the reintroduction into the production chain or your environmentally appropriate disposal. Taking into account the shared responsibility.

13. Which chains whose reverse logistics systems will be deployed in Brazil?

There are five reverse logistics chains being deployed in Brazil:
the plastic packaging of Lubricating Oils)-sectoral agreement was signed 12/19/2012 day.
b) sodium Vapor lamps and mercury and Mixed light – the draft sectoral agreement, concluded after negotiations between the Government and the sector, was approved at a meeting of the CORI and the next step is the public consultation.
c) electrical and electronic products and their waste – ten proposals were presented, already analyzed by the MMA, and are negotiated with proponents.
d) packaging – draft sectoral agreement was approved at a meeting of the CORI and the next step is to subject it to public consultation.
e) dispose of medications – the proposals are still under negotiation.

14. How many dumps are there in Brazil?

It is estimated that 59% of Brazilian municipalities still have their waste environmentally inappropriate in dumps or controlled landfills (dumps with poor coverage).

15. How many cities in Brazil have landfills?

According to the information gathered in 2014 by MMA next to Federation Units, 2.2 thousand municipalities have their collected municipal solid waste in landfills, individual or shared by more than one municipality.

16. How much garbage is produced in Brazil?

In 2012, we collected 64 million tons of municipal solid waste, estimate based on data from the National Sanitation Information System (SNIS) published in 2014, which is the Ministry of cities.

Source: Ministry of environment