The Environmental Agency of the State of São Paulo
(Companhia Ambiental do Estado de São Paulo -
CETESB) recently published in the Official Gazette new guidelines
for managing contaminated areas and the procedures for requesting
technical opinions related to the execution of the management of
contaminated areas.
This new board decision, No. 056/2024/E, is in line with State Law
No. 13,577/2009 (which establishes guidelines and procedures for
the protection of soil quality and the management of contaminated
areas), State Decree No. 59,263/2013 (which regulates State Law No.
13,577/2009), and State Decree No. 62,973/2017 (which complements
and amends provisions related to environmental management).
The process for managing contaminated areas is broken down into
three categories of procedures—three “blocks” of
stages—under Resolution No. 420/2009 of the National
Environmental Council (Conselho Nacional do Meio
Ambiente - CONAMA):
- Block 1 – the Identification: Preliminary Assessment and Confirmatory Investigation stages
- Block 2 – the Diagnosis: Detailed Investigation, Risk Assessment, and Preparation of the Intervention Plan stages
- Block 3 – the Intervention: Execution of the Intervention Plan and Monitoring for Closure stages
In the absence of suspected contamination, the process will end
at Block 1, the preliminary assessment stage. If risks above
acceptable levels are not identified, the process will end at Block
2, after a more detailed investigation and risk assessment; and in
that case, Block 3 will include only the monitoring for the closure
stage.
The new board decision establishes that the approval of each block
will be granted by the issuance of a technical opinion. To request
a technical opinion, the legal entity responsible for the
management procedure must submit the results meeting the
block's testing criteria to CETESB. Before submitting the
results, the legal entity must complete all applicable stages.
However, in cases involving risks to human life or to public
health, certain emergency measures must be taken, as outlined in
Article 19 of State Decree No. 59,263/2013.
The rules for the submission of reports and requests for technical
opinions established in CETESB Board Decision No. 038/2017/C have
been revoked by the board decision, except in relation to requests
for technical opinions concerning a deactivation pan of enterprises
and the results of the implementation and execution of intervention
measures.
Visit us at mayerbrown.com
Mayer Brown is a global services provider comprising associated legal practices that are separate entities, including Mayer Brown LLP (Illinois, USA), Mayer Brown International LLP (England & Wales), Mayer Brown (a Hong Kong partnership) and Tauil & Chequer Advogados (a Brazilian law partnership) and non-legal service providers, which provide consultancy services (collectively, the "Mayer Brown Practices"). The Mayer Brown Practices are established in various jurisdictions and may be a legal person or a partnership. PK Wong & Nair LLC ("PKWN") is the constituent Singapore law practice of our licensed joint law venture in Singapore, Mayer Brown PK Wong & Nair Pte. Ltd. Details of the individual Mayer Brown Practices and PKWN can be found in the Legal Notices section of our website. "Mayer Brown" and the Mayer Brown logo are the trademarks of Mayer Brown.
© Copyright 2024. The Mayer Brown Practices. All rights reserved.
This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.