On August 3, 2010, the Brazilian National Policy on Waste Management (PNRS) came into force. Established by Federal Law n. 12,305/2010, the PNRS provides for guidelines on joint and environmentally appropriate management of solid waste, and regulates issues such as joint management, proper allocation and disposal, and shared responsibilities.
According to the PNRS, waste management plans must be developed, implemented and operated by generators of waste resulting from industrial, health care, mining and public sanitation activities, as well as commercial establishments that generate hazardous waste. Construction companies, transport terminals and agricultural enterprises are also required to develop, implement and operate such plans. In addition to establishing that such plans should be part of environmental permitting proceedings, the PNRS also provides for their minimum content.
Regarding responsibilities in connection with waste, the PNRS establishes that government, business and the public are responsible for the effectiveness of actions aimed at ensuring compliance with its provisions. Therefore, the PNRS provides for shared responsibilities for the lifecycle of products, which must be individualized and interlinked, encompassing manufacturers, importers, distributors, traders, consumers and providers of urban sanitation and waste management public services.
In this sense, the requirement for the structuring and implementation of reverse logistics stands out. Regardless of urban sanitation and waste management public services, manufacturers, importers, distributors and sellers of certain products must enable the return of their products, after use by consumers, through the use of purchase procedures and the establishment of collection stations, among other initiatives. Agrochemicals, batteries, tires and lubricant oils are among the products that create such obligations. Nevertheless, they may be extended to any product sold in plastic, metal or glass packages, pursuant to pending regulation or other legal instrument.
Lastly, it is worth noting the creation of the National Registry of Hazardous Waste Operators, mandatory for companies that operate with hazardous waste.
For more information about the Agreement, or any other matter raised in this Legal Update, please contact , and .Visit us at mayerbrown.com/brazil.
Visite-nos em mayerbrown.com/brazil.
You have no pages selected. Please select pages to email then resubmit.