Cetesb establishes new procedure for demonstrating compliance with waste take-back system in the context of environmental licensing

On July 30, 2024, Cetesb published its new Board Decision No. 051/2024/P (DD), which revoked DD No. 127/2021/P and established a new procedure for demonstrating compliance with waste take-back system within the scope of environmental licensing in the state of São Paulo.

The procedure covers all manufacturers, importers, distributors and traders of the products detailed in the new DD that generate waste subject to a waste take-back system in the state of São Paulo, such as companies in the sectors of lubricating oil, food, beverage, medicine, agricultural pesticide, electronics and batteries.

DD changes the deadline for submitting the results report to July 30 of each year and establish new quantitative targets, taking into account the targets provided for in the National Solid Waste Plan (Planares), established by Federal Decree No. 11,043/2022.

The requirement to attest compliance with a waste take-back system as a condition for environmental licensing corresponds to a trend that has been gaining strength in several Brazilian states. In São Paulo, this practice was set in 2018 with DD No. 076/2018/C, establishing a regulatory framework on the matter.

Despite the benefits of aligning state and federal goals for the management of procedures, with the new DD nº 051/2024/P, the sectors covered by the National Solid Waste Policy (PNRS) must meet the new deadlines and goals to avoid impacts on their environmental licenses for projects located in the state of São Paulo.

The Environmental and Sustainability team at Souto Correa is available to provide more information and clarifications on the matter.

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