On April 14, 2022, Decree No. 11,043 was issued by Brazilian government, approving the Brazilian Solid Waste Plan (Plano Nacional de Resíduos Sólidos - “Planares”). Planares is provided in Federal Law No. 12,305/2010, which instituted the Brazilian Solid Waste Policy (Política Nacional de Resíduos Sólidos – “PNRS”) and had been submitted for public consultation by the Ministry of the Environment.

Awaited   by society for more than a decade, Planares aims to guide the management of solid waste nationally and over a 20-year horizon , taking into consideration (i) an analysis  of waste generated in Brazil, (ii) the expected scenarios for managing different types of waste (based on national, international and macroeconomic trends), (iii) the applicable targets for managing different  types of waste, (iv) the guidelines and strategies proposed to enable environmentally sound solid waste management, (v) the programs and actions for adequate solid waste management, (vi) the norms and technical conditions to enable access to government-funded resources, (vii) the norms and guidelines for the adequate final disposal of tailings (or residues, when applicable) and (viii) the means of control and inspection to implement and operationalize environmentally sound solid waste management.

Planares provides important management instruments, such as the national inventory of solid waste (which must be recorded  by companies) and the Waste Transport Manifest (MTR), which aim at tracking and controlling the process for proper solid waste management. The plan presents objectives, including goals related to expanding the  collection of urban solid waste, maximizing the recovery of materials, the energetic use of waste, the environmentally sound final disposal of waste, the closure of dumps and controlled landfills, the implementation of charges by municipalities related to solid waste management services, the progressive increase of solid waste mass recovery nationally, the formalization of contracts between municipalities and collector associations, and the implementation of initiatives for recovering organic waste.

The Environmental Team of Tauil & Chequer Advogados in association with Mayer Brown is available for further information on this topic.