23 December 2022

New Procedures For Issuing Technical Opinions About Contaminated Site Management

Mayer Brown


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Recently, Board Decision No. 106/2022, which was issued by the Environmental Agency of the State of São Paulo, was published. The board decision establishes procedures...
Brazil Environment
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Recently, Board Decision No. 106/2022, which was issued by the Environmental Agency of the State of São Paulo, was published. The board decision establishes procedures to be followed regarding the issuance of technical opinions related to the management of contaminated sites and the reuse of contaminated sites and the issuance of grants for groundwater collection wells in the areas surrounding contaminated sites.

"Technical Opinion"

According to the board decision, a technical opinion is a technical report requested by an interested party, individual or legal entity, on certain stage(s) of proceedings involving contaminated sites and water grants related to water collection around contaminated sites.

Several Types

Technical opinions can be requested in several stages of a management proceeding of contaminated sites, such as:

  1. A Preliminary Assessment and Confirmatory Investigation (in cases involving potential contamination)
  2. (An Intervention Plan for the Reuse of Contaminated Areas
  3. Outcomes from the Implementation and Execution of Intervention Measures
  4. Water Grant Requests
  5. An Evaluation of a Deactivation and Demobilization Plan
  6. An Intervention Plan for a Critical Contaminated Area
  7. An Intervention Plan for Contaminated Areas with Confirmed Risk
  8. A Preliminary Assessment, Confirmatory Investigation, Detailed Investigation and Risk Assessment.
  9. A Mandatory Requirement

The board decision also requires interested parties to request applicable technical opinions for specific situations. For example, for a construction project on a contaminated site, a technical opinion related to an Intervention Plan for the Reuse of Contaminated Site must be requested in order to substantiate the issuance of demolition and construction permits by the municipal body and the environmental agency's Rehabilitation Terms for the proposed new use. This technical opinion will be based on an analysis of both the project and the contamination and of how safety issues will be addressed.

If the Technical Opinion is unfavorable to the interested party, an administrative defense may be filed within 15 days. In the event of an unfavorable administrative decision on that defense, an administrative appeal may also be filed, within 15 days.

The Environmental Team of Tauil & Chequer Advogados in association with Mayer Brown is available for further information.

Visit us at Tauil & Chequer

Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses on their domestic and cross-border activities and offers clients the full range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The firm has a particularly strong and longstanding presence in the energy, oil and gas and infrastructure industries as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become "Tauil & Chequer Advogados in association with Mayer Brown LLP."

© Copyright 2020. Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. All rights reserved.

This 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.

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