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Brazil still lacks specific laws dealing with contaminated areas. Recently a technical
rule was issued, CONAMA Resolution 420/2009(page 748), designed to establish
proceedings and parameters for contaminated soil and groundwater investigation and
remediation. The state of So Paulo was the first Brazilian state to regulate the treatment of
contaminated areas by specific legislation, namely State Law No. 13577/2009, regulated by
State Decree No. 54645/2009 and State Decree No. 59263/2013. In its turn, the
environmental protection agency of the state of So Paulo (CETESB) published its technical
manual, contemplating methods, standards and deadlines for investigation and clean-up of
contaminated areas.
Resolution No. 420, December 28, 2099
Establishes provisions for the criteria and guiding values regarding soil quality and
the presence of chemical substances and establishes directives for the environmental
management of contaminated areas by those substances due to anthropic practices
*Portability patterns of chemicals that pose risk to health as defined in Ordinance No.
518/2004 of the Ministry of Health (Table 3).
** Values calculated based on risk to human health, according to the scope of this
Resolution. They differ from the standards of acceptance for human consumption as defined
in the Ordinance No. 518/2004 of the Ministry of Health (Table 5) and the maximum values
allowed for human consumption defined in ANNEX I of CONAMA Resolution No.
396/2008.
(1) For comparison with guiding values, use the recommendations of 3050b methods
(except for the element mercury) or 3051 of USEPA SW-846 or other equivalent procedure
for acid digestion of soil samples on the determination of inorganic constituents by
spectrophotometric techniques.
E - To be set by the State. na-not applicable to organic substances.
(a) The sum for trichlorobenzenes 20 g.L-1.
(b) The sum for 1.2 dicloroetenos; = 50 g.L-1.
(c) The sum for DDT-DDD DDE = 2 g.L-1.
(d) The sum for Aldrin and Dieldrin = 0.03 g.L-1.
*Potability patterns of chemicals that pose risk to health as defined in Ordinance No.
518/2004 of the Ministry of Health (Table 3).
** Values calculated based on risk to human health, according to the scope of this
Resolution. They differ from the standards of acceptance for human consumption as defined
in the Ordinance No. 518/2004 of the Ministry of Health (Table 5) and the maximum values
allowed for human consumption defined in ANNEX I of CONAMA Resolution No.
396/2008.
Adapted from: CETESB, SP Decision from the Board of Directors. No. 195-2005-E, of
November 23, 2005. Official Gazette of the State, Executive Branch, SP, of 12/3/2005,
section 1, v. 115, no. 227, p. 22-23. Rectification in the Official Gazette of the State, of
12/13/2005, v. 115, no. 233, p.
2) Regulation of waste
What types of waste are regulated and how?
The management of solid waste is regulated by the Brazilian Solid Waste Management
Policy, established by Law No. 12305/2010 and Decree No. 7404/2010, as well as by
Brazilian Sanitation and Environmental Education Policies, established by Laws No.
11445/2007 and 9795/1999 respectively, which also address the issues of urban sanitation
and solid waste management. In addition to the abovementioned standards, there are several
specific standards applicable to solid waste at the state and local levels.
Various types of waste are regulated by specific statutes and delegated legislation.
Examples include;
4.1) Radioactive waste (Law No.10308/2001);
4.2) Hazardous civil construction waste (CONAMA Resolution No. 307/2002);
4.2.1) Resolution 307, July 5, 2002
Establishes directives, criteria and procedures for the management of wastes from
building construction
Art. 3. Civil construction waste shall be classified for the purposes of this Resolution, as
follows:
I- Class A - reusable or recyclable waste as aggregates, such as:
a) from construction, demolition, reforms and paving repairs and other infrastructure
works, including soils from earthwork;
b) from construction, demolition, renovation and repairs of buildings: ceramic
components (bricks, blocks, tiles, flooring boards etc.), mortar and concrete;
c) from manufacturing process and/or demolition of concrete precast parts (blocks,
pipes, wires etc.) produced in construction sites;
II- Class B: recyclable waste to other destinations, such as: plastics, paper, cardboard,
metal, glass, wood and plaster; (wording by Resolution No. 431/11).
III- Class C: wastes for which were not developed economically viable technologies
or applications that allow recycling or recovery; (wording given by Resolution No. 431/11).
IV- Class D: hazardous waste from the construction process, such as paints, solvents,
oils and other or those contaminated or harmful to health arising from demolition,
renovations and repairs in radiological clinics, industrial and other facilities, as well as tiles
and other objects and materials containing asbestos or other products harmful to one's health.
(wording by Resolution No. 348/04).
Art. 9 The Plans for Management of Civil Construction Waste should include the following
steps: (new wording by Resolution 448/12)
I- characterization: in this step the generator must identify and quantify the waste;
II- screening: must be carried out, preferably by the generator at the origin, or be held
at licensed disposal areas for this purpose, respecting the classes of wastes laid down in art. 3
of this Resolution;
III- packaging: the generator must ensure the containment of waste after generation
until the transport step, ensuring in all possible cases, the conditions for re-use and recycling;
IV- transportation: should be carried out in accordance with the previous steps and in
accordance with the technical standards in force for the carriage of wastes;
V- destination: should be laid down in accordance with the provisions of this
Resolution.
Art. 10. Civil construction waste, after screening, should be used in the following ways: (new
wording by Resolution 448/12)
I- Class A: should be reused or recycled in the form of aggregates or sent to landfill of
waste material storage class A for future uses; (new wording by Resolution 448/12)
II- Class B: should be reused, recycled or sent to temporary storage areas, being
willing to allow their use or future recycling;
III- Class C: must be stored, transported and used in accordance with the specific
technical standards.
IV-Class D: must be stored, transported and used in accordance with the specific
technical standards. (new wording by Resolution 448/12)
LEAD-ACID BATTERIES
Art. 8 Batteries, with lead-acid electrochemical system, may not possess metal levels above
the following limits:
I- mercury - 0.005% by weight; and II-cadmium- 0.010% by weight.
3) Regulation of air emissions
The standards are determined considering levels of concentration of air pollutants which if
exceeded may adversely affect the health, safety and welfare of the population and damage
the flora and fauna and the environment in general.
The main technical rules relating to air emissions are as follows:
5.1) CONAMA Resolution No. 05/1989, created the National Air Quality Control Program
(PRONAR) to improve air quality and/or maintain air quality in areas not yet degraded.
PRONAR set limits for emission levels of atmospheric polluting sources by source type and
priority pollutants. Resolution 05 paved the way for establishing maximum emission levels
based on the intended use of the area.
In order to allow for the implementation of policies that will hinder the continued
deterioration of air quality throughout the entire National Territory its areas will be divided
according to the following classification related to intended uses:
Class I: Preservation areas, leisure and tourism such as National and State Parks, Ecological
Stations and Reserves and Hydro-mineral and Hydrothermal Resorts. The air quality in these
areas shall be upheld in levels that are very close to verified ones and must not be subjected
to further anthropogenic intervention.
Class II: Areas where the level of air quality deterioration is limited by the standards that
apply to secondary air quality standards.
Class III: Development areas where the level of air quality deterioration is limited by primary
air quality standards.
CONAMA will, through specific Resolution, define Class I and Class III areas and nay other
area will be considered as a Class II area.
5.2) CONAMA Resolution No. 03/1990, specifies quality standards and analysis methods for
air pollutants in terms of total suspended particulates, smoke, free particulates, sulfur dioxide,
carbon monoxide, and ozone.
Art. 2 The following concepts are hereby established for all purposes of this Resolution:
I Primary Air Quality Standards are pollutant concentrations that if surpassed may
be hazardous to the health of the population.
II Secondary Air Quality Standards are pollutant concentrations below those that
can have any adverse effects on the wellbeing of the population as well as having minimal
effects of the fauna, flora, goods and the environment in general
Art. 3 The following Air Quality Standards are hereby established:
I Total of Particles in Suspension
a) Primary Standard
1 Medium annual geometric concentration of 80 (eighty) micrograms per cubic meter of
air.
2 Medium concentration during 24 (twenty-four) hours of 240 (two hundred and forty)
micrograms per cubic meter of air which cannot be exceeded more than once per year.
b) Secondary Standard
1 - Medium annual geometric concentration of 60 (sixty) micrograms per cubic meter of air.
2 - Medium concentration during 24 (twenty-four) hours of 150 (one hundred and fifty)
micrograms per cubic meter of air which cannot be exceeded more than once per year.
II - Smoke
a) Primary Standard
1 Medium annual arithmetic concentration of 60 (sixty) micrograms per cubic meter of air.
2 Medium concentration during 24 (twenty-four) hours of 150 (one hundred and fifty)
micrograms per cubic meter of air which cannot be exceeded more than one per year.
b) Secondary Standard
1 - Medium annual arithmetic concentration of 40 (forty) micrograms per cubic meter of air.
2 - Medium concentration during 24 (twenty-four) hours of 1oo (one hundred) micrograms
per cubic meter of air which cannot be exceeded more than one per year.
IV Sulfur Dioxide
a) Primary Standard
1- Medium annual arithmetic concentration of 80 (eighty) micrograms per cubic meter of air.
2- Medium concentration during 24 (twenty four) hours of 365 (three hundred and sixty five)
micrograms per cubic meter of air which cannot be exceeded more than one per year.
b) Secondary Standard
1 - Medium annual arithmetic concentration of 40 (forty) micrograms per cubic meter of air.
2 - Medium concentration during 24 (twenty four) hours of 1oo (one hundred) micrograms
per cubic meter of air which cannot be exceeded more than one per year.
V - Carbon monoxide
a) Primary and Secondary Standards
1- Medium concentration during 8 (eight) hours of 10.000 (ten thousand) micrograms per
cubic meter of air (9 ppm) which cannot be exceeded more than once per year.
2 Medium concentration during 1 (one) hour of 40.000 (forty thousand) micrograms per
cubic meter of air (35 ppm) which cannot be exceeded more than once per year.
VI - Ozone
a) Primary and Secondary Standards
1 Medium concentration during 1 (one) hour of 160 (one hundred and sixty) micrograms
per cubic meter of air which cannot be exceeded more than once per year.