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Environmental and Sustainability 09/03/2021
CETESB institutes environmental licensing procedures for businesses involved in reverse logistics systems

The Board of the Environmental Agency of the State of São Paulo (CETESB) approved the Decision No. 8/2021/P, that establishes the environmental licensing procedure for businesses involved in reverse logistics systems, as well as the hypotheses in which the Certificate of Movement of Environmental Interest Waste (CADRI) will be dismissed.

 

The normative applies to some kinds of waste, such as lubricant oils, batteries, electronics, medicines, and food, beverage, and pesticides packages. As a rule, the places of delivery, collection points, receiving centers and sorting centers for such waste are exempted from environmental licensing procedure, provided that certain conditions provided for in the regulations are observed.

 

Additionally, according the normative, the CADRI will not be mandatory for: i) the consumers who generate waste listed in CETESB’s Decision and who deliver their waste to delivery sites that has presented valid logistic reverse plan to CETESB and ii) those responsible for the operationalization of the reverse logistics system who are related to a valid Commitment Term with CETESB and perform the primary waste transportation from the delivery site to the establishment involved in the logistic reverse system (sorting centers, receiving centers and final disposal units).

 

The Board Decision No. 008/2021/P entered into force on February 02, 2021, revoking the Board Decision No. 120/2016/C. The Board Decision nº 008/2021/P can be accessed in the following link.

Federal Government initiates the "Adopt a Park" program

On February 9, 2021, Decree No. 10.623/2021 was enacted, setting the conditions of the “Adopt a Park” Program. The initiative consists in the promotion of measures by individuals or legal entities, whether nation or foreign, for the preservation and recovery of federal conservation units.

 

The Program will be coordinated by the Environment Ministry (MMA) and its purpose is the donation of goods and services that are related to program’s preservation goals and the directives of the National System of Conservation Units (Federal Law No. 9.985/2000). MMA will select the areas of the Program according to convenience and opportunity criteria. The inclusion of private areas in the initiative requires the allowance of its owners. On March 3, 2020, MMA Ordinance No. 73/2021 was published, listing the first areas subject to the Program in the Amazon region and the minimum investment to be offered by the interested ones.

 

The formalization of the adoption of an area within the Program will be managed by the Chico Mendes Institute for the Biodiversity Conservation (ICMBIO) by means of a term with the obligations of the adopter and the ICMBIO. The non-compliance with said obligations may give rise to penalties or even the revocation of the adoption term.

 

The Federal Decree No. 10.623/2021 and the Ordinance No. 73/2021 can be accessed here and here.

FEPAM releases Technical Guideline for the licensing of contaminated areas in the state of Rio Grande do Sul

On February 02, 2021, FEPAM has published the Technical Guideline No. 03/2021, which establishes the basic technical procedures for the environmental licensing of contaminated areas or areas suspected of contamination. FEPAM Technical Guidelines No. 01/2011 and 07/2017 were revoked. The full document can be accessed in the following link.

Public Attorney General’s Office proposes ADI regarding the New Environment Code of Rio Grande do Sul

On December 1, 2020, the Public Attorney General’s Office (PGR) filed the Direct Unconstitutionality Action No. 6618 (ADI nº 6618) regarding the provisions of the New Environment Code of Rio Grande do Sul (Law No. 15.434/2020) and the Law No. 14.961/2016 which establishes the procedures of environmental licensing in the State.

 

According to the PGR, the modalities of Single License (LU), Operation and Regularization License (LOR) and Environmental License by Commitment (LAC) characterize new categories of environmental licensing, entailing a supposed violation of the Union’s competence to establish general rules to standardize environmental procedures. In precautionary measure, the PGR claimed the effectiveness suspension of the articles deemed to be unconstitutional.

 

The preliminary injunction claimed by PGR has not been judged so far and the case files have been concluded to the reporting justice, Minister Ricardo Lewandowski. Other information regarding the ADI No. 6618 can be accessed in the following link.

Mato Grosso do Sul changes deadlines regarding reverse logistic system

On February 03, 2021, the State of Mato Grosso do Sul published the Decree No. 15.596/2021, modifying the Decree No. 15.340/2019. which stipulates the directives for implantation of the reverse logistic system of packages in general within the State.

 

According to the new Decree, the managing entities must submit its performance reports by the end of January every year, and not in June anymore, as previously stipulated. Furthermore, new requirements regarding the information to be included in the performance reports were added, especially information related to the number of packages put into the state market.

 

The Decree No. 15.596/2021 can be accessed by the following link.