LEI No. 12,305, OF August 2, 2010.

Institutes the National Policy on Solid Waste; changes the Law no 9,605, of February 12, 1998; and gives others providences

THE PRESIDENT OF THE REPUBLIC I know that the National Congress decrees and i sanction the following Law:

TITLE I

GENERAL PROVISIONS

CHAPTER I

OF THE OBJECT AND FROM THE FIELD OF APPLICATION

Art. 1º This Law institutes the National Policy of Solid Waste, disposing of its principles, objectives and instruments, as well as on the guidelines regarding integrated management and management of solid waste, included the dangerous, the responsibilities of generators and public power and to the applicable economic instruments.

§ 1º Are subject to the observance of this Law the physical or legal persons, of law public or private, responsible, directly or indirectly, for the generation of solid waste and those that develop actions related to integrated management or solid waste management.

§ 2º This Law does not apply to radioactive rejections, which are regulated by legislation specific.

Art. 2º Apply to solid waste, in addition to the provisions of this Act, in the Laws us 11,445, of January 5, 2007, 9,974, of June 6, 2000, and 9,966, of April 28, 2000, the standards established by the organs of the National Environment System (Sisnama), of the National Health Surveillance System (SNVS), of the System Unified from Attention to Agrolivestock Sanity (Suasa) and the National System of Metrology, Normalization and Industrial Quality (Sinmetro).

CHAPTER II

DEFINITIONS

Art. 3º For the effects of this Law, it is understood by:

I-sectoral agreement: act of a contractual nature struck between the public power and manufacturers, importers, distributors or traders, with a view to the implantation of the shared responsibility for the life cycle of the product;

II-contaminated area: location where there is contamination caused by the provision, regular or irregular, of any substances or residues;

III-contaminated orphan area: contaminated area whose disposition-responsible areas are not identifiable or individualizable;

IV-life cycle of the product: series of steps involving product development, obtaining of raw materials and inputs, the productive process, the consumption and the final disposition;

V-collection selective: collection of previously segregated solid waste as per its constitution or composition;

VI-social control: set of mechanisms and procedures that guarantee the society information and participation in the processes of formulation, implementation and evaluation of the public policies related to solid waste;

VII-end-destination environmentally appropriate: waste targeting that includes reuse, recycling, composting, recovery and energy use or other intended destinations admitted by the competent bodies of Sisnama, SNVS and Suasa, among them the final provision, observing specific operational standards in such a way as to prevent damage or risks to public health and safety and to minimise adverse environmental impacts;

VIII-final environmentally appropriate provision: ordered distribution of rejects in landfilings, observing specific operational standards so as to avoid damage or health risks public and safety and to minimise adverse environmental impacts;

IX-generators of solid waste: physical or legal persons, of public or private law, which generate solid waste through their activities, in them included consumption;

X-solid waste management: set of actions exerted, directly or indirectly, in the steps of collection, transport, transshipment, treatment, and final destination environmentally appropriate solid waste and environmentally appropriate final disposition of the rejects, according to municipal plan for integrated solid waste management or with solid waste management plan, required in the form of this Act;

XI-integrated solid waste management: set of actions aimed at the search for solutions for solid waste, in a way to consider the political, economic, environmental, cultural and social dimensions, with social control and under the premise of sustainable development;

XII-reverse logistics: instrument of economic and social development characterized by a set of actions, procedures and means aimed at viabilizing the collection and restitution of the solid waste to the business sector, for repurpose, in its cycle or other productive cycles, or other environmentally appropriate end-destination;

XIII-sustainable patterns of production and consumption: production and consumption of goods and services in a way meet the needs of current generations and allow for better living conditions, without compromising environmental quality and the fulfilment of the needs of future generations;

XIV-recycling: process of transformation of the solid waste that involves altering its physical properties, physico-chemical or biological, with views to the transformation into inputs or new products, observed the conditions and standards set by the competent organs of the Sisnama and, if couber, of the SNVS and Suasa;

XV-rejects: solid waste that, after exhausting all possibilities of treatment and recovery by technological processes available and economically viable, present no other possibility other than the environmentally appropriate final disposition;

XVI-solid waste: material, substance, object or well discarded resulting from human activities in society, to whose final destination is carried out, whether it proposes to proceed or if is bound to proceed, in the solid or semi-solid states, as well as gases contained in containers and liquids whose particularities make it unviable to launch into the public sewerage network or in water bodies, or require for this technical solutions or economically infeasible in the face of the best available technology;

XVII- shared responsibility for the life cycle of products: set of individualized and threaded assignments of manufacturers, importers, distributors and traders, consumers and holders of public cleaning services urban and manhandling of solid waste, to minimise the volume of solid and rejected waste generated, as well as to reduce the impacts caused to human health and environmental quality arising from the life cycle of products under this Act;

XVIII-reuse: process of harnessing solid waste without its transformation biological, physical or physico-chemical, observed the conditions and standards set by the competent organs of the Sisnama and, if couber, of SNVS and Suasa;

XIX-public service of urban cleaning and solid waste manhandling: set of activities foreseen in the art. 7º of Law No. 11,445, of 2007.

Ttitle II

OF THE NATIONAL SOLID WASTE POLICY

CHAPTER I

PROVISIONS GERAIS

Art. 4º The National Solid Waste Policy brings together the set of principles, objectives, instruments, guidelines, targets and actions adopted by the Federal Government, in isolation or in regime of cooperation with states, Federal District, municipalities or private individuals, with views to integrated management and management environmentally suitable of solid waste.

Art. 5º The National Policy of Solid Waste integrates the National Policy of the Environment and articulates with the National Policy on Environmental Education, regulated by the Law no 9,795, of April 27, 1999, with the Federal Basic Sanitation Policy, regulated by Law No. 11,445, of 2007, and with the Law no 11,107, of April 6 of 2005.

CHAPTER II

OF THE PRINCIPLES AND OBJECTIVES

Art. 6º Are principles of the National Solid Waste Policy:

I-the prevention and the precaution;

II-the polluter-payer and the protector-payee;

III-the systemic vision, in the management of solid waste, which considers environmental, social, cultural, economic, technological, and public health variables;

IV-the sustainable development;

V-the ecoefficiency, upon compatibilization between supply, at competitive prices, of goods and services qualified to meet human needs and bring quality of life and the reduction of environmental impact and consumption of natural resources to a minimum level, equivalent to the estimated sustainability capacity of the planet;

VI-the cooperation between the different spheres of public power, the business sector and too many segments of the society;

VII-the responsibility shared by the life cycle of the products;

VIII-the recognition of the reusable and recyclable solid waste as an economic well and of social value, working generator and income and promoter of citizenship;

IX-respect to the local and regional diversities;

X-the right of society to information and control social;

XI-reasonableness and proportionality.

Art. 7º Are Objectives of the National Solid Waste Policy:

I-protection of public health and environmental quality;

II-non-generation, reduction, reuse, recycling and treatment of solid waste, as well as final disposition environmentally appropriate of the rejecites;

III-stimulus to the adoption of sustainable standards of production and consumption of goods and services;

IV-adoption, development and enhancement of clean technologies as a way to minimise environmental impacts;

V-reduction of volume and of periculousness of hazardous waste;

VI-incentive to the recycling industry, having in view to foster the use of raw materials and inputs derived from recyclable and recycled materials;

VII-integrated management of solid waste;

VIII-articulation between the different spheres of public power, and of these with the business sector, with views to technical and financial cooperation for the integrated management of solid waste;

IX-continuing technical capacity-building in the area of solid waste;

X-regularity, continuity, functionality and universalization of the provision of public services of urban cleaning and solid waste manhandling, with adoption of managerial and economic mechanisms that ensure the recovery of the costs of the services provided, as a way of ensuring its operational and financial sustainability, observed Law No 11,445, from 2007;

XI-priority, in government takeovers and hiring, to:

a) recycled and recyclable products;

b) goods, services and works that consider criteria compatible with patterns of social and environmentally sound consumption sustainable;

XII-integration of the weatherers of reusable and recyclable materials in the actions that involve the responsibility shared by the life cycle of the products;

XIII- stimulus to the implementation of the product lifecycle assessment;

XIV-incentive to development of environmental and business management systems aimed at the improvement of productive processes and the reuse of solid waste, included recovery and energy harnessing;

XV-stimulation to environmental labelling and sustainable consumption.

CHAPTER III

OF THE INSTRUMENTS

Art. 8º Are instruments of the National Solid Waste Policy, among others:

I-the solid waste plans;

II-the inventories and the annual declaratory system of solid waste;

III-selective collection, reverse logistics systems and other tools related to the implementation of the shared responsibility for the life cycle of the products;

IV-the incentive for the creation and development of cooperatives or other forms of association of reusable and recyclable material pickers;

V-the monitoring and the environmental, sanitary and agri-monitoring;

VI-technical and financial cooperation between the public and private sectors for the development of researches of new products, methods, processes and technologies of management, recycling, reuse, waste treatment, and environmentally appropriate final disposition of rejects;

VII-the scientific and technological research;

VIII-the environmental education;

IX-the tax, financial and crediting incentives;

X-the National Environment Fund and the National Fund for Scientific and Technological Development;

XI-the National System of Information on the Management of Solid Waste (Sinir);

XII-the National System of Information in Basic Sanitation (Sinisa);

XIII-the advice of environment and, in what couber, those of health;

XIV-the municipal collegiated bodies intended for the social control of municipal solid waste services;

XV-the National Cadastro of Hazardous Waste Operators;

XVI-the setorial arrangements;

XVII-in what couber, the instruments of the National Environment Policy, among them:

a) the standards of environmental quality;

b) the Federal Technical Cadet of Potentially Polluting Activities or Users of Environmental Resources;

c) the Federal Technical Cadet of Activities and Environmental Defense Instruments;

d) the assessment of environmental impacts;

e) the National System of Information on Environment (Sinima);

f) the licensing and overhaul of effective or potentially polluting activities;

XVIII-the terms of commitment and the terms of adjustment of conduct; nineteenth-the incentive to the adoption of consortia or to other forms of cooperation between the federates, with a view to raising the scales of taking advantage and to reducing the costs involved.

Ttitle III

OF THE GUIDELINES APPLICABLE TO SOLID WASTE

CHAPTER I

PROVISIONS PRELIMINARY

Art. 9º In the management and management of solid waste, it must be observed the following order of priority: non-generation, reduction, reuse, recycling, treatment of solid waste, and environmentally appropriate final disposition of the rejects.

§ 1º Powers will be used technologies aiming at the energy recovery of waste urban solids, provided that it has been proven its technical and environmental feasibility and with the deployment of toxic gas emission monitoring program approved by the environmental body.

§ 2º The National Solid Waste Policy and the Solid Waste Policies of the States, of the Federal District and of the Municipalities will be compatible with the provisions of the caput and the § 1st of this article and with the other guidelines laid down in this Act.

Art. 10. It is incumbent on the Federal District and the Municipalities the integrated management of the solid waste generated in the respective territories, without prejudice to the control and surveillance skills of the federal and state bodies of the Sisnama, SNVS and Suasa, well as the responsibility of the generator for the management of waste, depending on the one set out in this Act.

Art. 11. Adhered to the guidelines and too many determinations set forth in this Law and in its regulation, it is incumbent upon states:

I-promoting the integration of the organization, planning and execution of the public functions of common interest related to the management of solid waste in the regions metropolitans, urban agglomerations and microrregions, pursuant to the state supplementary law provided for in § 3º of the art. 25 of the Federal Constitution;

II-control and scrutinize the activities of generators subject to environmental licensing by the state body of the Sisnama.

Single paragraph. State actuation in the form of the caput should support and prioritize the Municipality's initiatives of consortiated or shared solutions between 2 (two) or more Municipalities.

Art. 12. The Union, the States, the Federal District and the Municipalities will organize and jointly maintain the National System of Information on the Management of Solid Waste (Sinir), articulated with Sinisa and Sinima.

Single paragraph. It is incumbent upon the States, the Federal District and the Municipalities to provide the federal body with responsibility for the coordination of the Sinir all necessary information about the waste under its sphere of competence, in the form and periodicity established in regulation.

Art. 13. For the purposes of this Act, solid waste has the following classification:

I-as to the origin:

a) home waste: those originating from domestic activities in residences urban;

b) urban cleaning waste: those originating in the sweeping, cleaning of lograds and public avenues and other urban cleaning services;

c) municipal solid waste: the encompassed in points (? a? e? b?;

d) waste from commercial establishments and service providers: those generated in these activities, excepted those referred to in points (b?,? e?,? g?,? g?,? h? e? j?;

e) waste from the public sanitation services: those generated in these activities, excepted those referred to in point (c? c?;

f) industrial waste: those generated in the productive processes and industrial facilities;

g) waste from health services: the generated in health services, as defined in regulation or in standards established by the organs of Sisnama and SNVS;

h) waste from the civil construction: those generated in the constructions, reforms, repairs and demolitions of civil construction works, included those resulting from the preparation and excavation of land for civil works;

i) waste agrossilvopastoris: those generated in the activities agrolivestock and silvicultural, included those related to inputs used in these activities;

j) waste from transport services: those originating in ports, airports, customs terminals, road and rail and border crossings;

k) mining waste: those generated in the activity of research, extraction or beneficiation of ores;

II-as to the periculousness:

a) hazardous waste: those that, in the reason of their flammability characteristics, corrosivity, reactivity, toxicity, pathogenicity, carcinogenicity, teratogenicity and mutagenicity, present significant risk to public health or environmental quality in accordance with law, regulation or technical standard;

b) non-hazardous waste: those not framed in paragraph? a?

Paragraph single. Respected the provisions of the art. 20, the waste referred to in point? d? of the inciso I of the caput, if characterized as non-hazardous, can, on the grounds of its nature, composition or volume, be equated to the household waste by the municipal public power.

CHAPTER II

OF THE SOLID WASTE PLANS

Section I

Provisions General

Art. 14. They are solid waste plans:

I-the National Solid Waste Plan;

II-the state plans of solid waste;

III-the microrregional solid waste plans and the solid waste plans of metropolitan regions or urban agglomerations;

IV-the intermunicipal solid waste plans;

V-os municipal plans for integrated solid waste management;

VI-the solid waste management plans.

Single paragraph. Wide publicity is assured of the content of solid waste plans as well as social control in its formulation, implementation and operationalization, observed the provisions of the Law no 10,650, of April 16, 2003, and in the art. 47 of Law No. 11,445, of 2007.

Section II

From the National Solid Waste Plan

Art. 15. The Union shall draw up, under the coordination of the Ministry of the Environment, the National Solid Waste Plan, effective for indefinite duration and horizon of 20 (twenty) years, to be updated every 4 (four) years, having as minimum content:

I-diagnosis of the current situation of solid waste;

II-proposition of scenarios, including international and macroeconomic trends;

III-targets for reduction, reuse, recycling, among others, with views to reduce the amount of waste and rejected forwarded to environmentally appropriate final disposition;

IV-targets for the energy exploitation of the gases generated in the final disposal units of solid waste;

V-targets for the elimination and recovery of dumpsters, associated with social inclusion and economic emancipation of reusable and recyclable material pickers;

VI-programs, projects, and actions for the fulfillment of the predicted goals;

VII-standards and technical conditioners for access to Union resources, for the achievement of your avail or for access to resources administered, directly or indirectly, by federal entity, when intended for actions and programs of interest from solid waste;

VIII-measures to encourage and viabilize the regionalized management of solid waste;

IX-guidelines for the planning and too much solid waste management activities of the integrated development regions instituted by supplementary law, as well as for the areas of special tourist interest;

X-standards and guidelines for the final disposition of rejects and, when couber, of waste;

XI-means to be used for control and the supervision, in the national framework, of its implementation and operationalisation, ensured social control.

Single paragraph. The National Solid Waste Plan will be drawn up by process of mobilization and social participation, including the holding of audiences and public consultations.

Section III

From the State Plans of Solid Waste

Art. 16. The drafting of state plan for solid waste, under the terms provided for by this Act, is a condition for states to have access to Union resources, or by it controlled, intended for ventures and services related to waste management solids, or to be benefited by incentives or funding from federal credit entities or fosters for such purpose. (Duration)

§ 1º Will be prioritized in the access to the Union resources referred to in the caput the States that institute microrregions, depending on the § 3rd of the art. 25 of the Federal Constitution, to integrate the organization, planning and execution of the shares in charge of Municipalities borroid on the management of solid waste.

§ 2º Will be laid down in regulation supplementary rules on access to resources of the Union in the form of this article.

§ 3º Respected the responsibility of the generators under this Act, the microrregions Instituted as provided for in § 1st covers selective collection activities, recovery and recycling, treatment and final targeting of municipal solid waste, the management of civil construction waste, transport services, services of health, agrossilvopastoris or other waste, in accordance with the peculiarities microrregional.

Art. 17. The state plan for solid waste will be drawn up for term indefinite duration, covering the entire territory of the state, with acting horizon of 20 (twenty) years and reviews every 4 (four) years, and having as minimum content:

I-diagnosis, included the identification of the main waste streams in the State and its socio-economic and environmental impacts;

II-scenario proposition;

III-goals of reduction, reuse, recycling, among others, with views to reduce the amount of waste and rejected forwarded to environmentally appropriate final disposition;

IV-targets for the energy harnessing of the gases generated in the final disposal units of solid waste;

V-targets for the elimination and recovery of dumpsters, associated with social inclusion and economic emancipation of reusable and recyclable material pickers;

VI-programs, projects, and actions for the fulfillment of the predicted goals;

VII-standards and technical conditioners for the access to state resources, for the achievement of your avail or for the access of resources administered, directly or indirectly, by state entity, when intended for the actions and programs of interest of the solid waste;

VIII-measures to encourage and viabilize the consortiated or shared management of solid waste;

IX-guidelines for the planning and too much solid waste management activities of metropolitan regions, urban agglomerations and microrregions;

X-norms and guidelines for the final disposition of reject and, when couber, of waste, respected the provisions set out in national scope;

XI-forecast, in compliance with the remaining instruments of territorial planning, especially the ecological-economic zoning and coastal zoning, of:

a) favorable zones for the localization of solid or disposition waste treatment plants end of rejects;

b) degraded areas on the grounds of inadequate waste disposal solids or rejects to be the object of environmental recovery;

XII-means to be used for the control and surveillance, in the state scope, of its implementation and operationalization, ensured social control.

§ 1º In addition to the state plan for solid waste, states will be able to draw up plans microregals of solid waste, as well as specific plans directed at metropolitan regions or urban agglomerations.

§ 2º The elaboration and implementation by the states of micro-regional waste plans solids, or of plans of metropolitan regions or urban agglomerations, in line with the one provided for in § 1st, shall compulsorily give the participation of the Municipalities involved and do not exclude or replace any of the prerogatives in charge of the Municipalities provided for by this Law.

§ 3º Respected the responsibility of the generators under this Act, the plan microrregional solid waste must meet the target for the state plan and establish integrated solutions for selective harvesting, recovery and recycling, treatment and final targeting of municipal solid waste and, considered the microrregional peculiarities, other types of waste.

Section IV

From the Municipal Plans of Integrated Solid Waste Management

Art. 18. The drafting of municipal solid waste management plan, under the terms provided for by this Act, is a condition for the Federal District and the Municipalities to have access to Union resources, or by it controlled, intended for ventures and services related to urban cleaning and the manhandling of solid waste, or to be benefited by incentives or funding from federal credit entities or fosters for such purpose. (Duration)

§ 1º Will be prioritized in the access to the Union resources referred to in the caput the Municipalities that:

I-opt for inter-municipal consortiated solutions for the solid waste management, included the elaboration and implementation of inter-municipal plan, or to voluntarily enter into the microrregional solid waste plans referred to in § 1st Art. 16;

II-implant selective collection with the participation of cooperatives or other forms of association of reusable and recyclable material pickers formed by low-income physical persons.

§ 2º Will be laid down in regulation supplementary rules on access to resources of the Union in the form of this article.

Art. 19. The municipal plan for integrated solid waste management has the following minimum content:

I-diagnosis of the situation of the solid waste generated in the respective territory, containing the origin, volume, characterization of waste and the forms of targeting and final disposition adopted;

II-identification of favorable areas for final disposition environmentally appropriate to reject, noted the director plan of which treats the § 1st art. 182 of the Federal Constitution and the environmental zoning, if any;

III-identification of the possibilities for the deployment of consortiated or shared solutions with other Municipalities, considering, in the criteria of economy of scale, the proximity of established sites and the ways of preventing environmental risks;

IV-identification of solid waste and of the generators subject to specific management plan in the terms of art. 20 or the reverse logistics system in the form of the art. 33, observed the provisions of this Law and its regulation, as well as the standards established by the organs of the Sisnama and the SNVS;

V-operating procedures and minimum specifications to be adopted in the public services of urban cleaning and solid waste manhandling, included the final provision environmentally appropriate of the rejecites and observed Law No. 11,445, 2007;

VI-indicators of operational and environmental performance of public urban cleaning and solid waste manhandling services;

VII-rules for the transport and other steps of the solid waste management of which treats art. 20, observed the standards established by the organs of the Sisnama and the SNVS and too many relevant provisions of federal and state legislation;

VIII-definition of the responsibilities as to its implementation and operationalization, included the steps of the solid waste management plan referred to in art. 20 a office of the public power;

IX-programs and technical capacity-building actions aimed at its implementation and operationalization;

X-programs and environmental education actions that promote the non-generation, reduction, reuse and recycling of solid waste;

XI- programs and actions for the participation of interested groups, in particular of cooperatives or other forms of association of reusable and recyclable material-pickers formed by low-income physical persons, if any;

XII-mechanisms for the creation of business sources, employment and income, upon valorisation of the solid waste;

XIII-system for calculating the costs of the provision of public services of urban cleaning and solid waste manhandling, as well as the collection form of these services, observed Law No. 11,445, of 2007;

XIV-reduction targets, reuse, selective collection and recycling, among others, with views to reduce the amount of rejected routs for environmentally sound final disposition adequate;

XV-description of the forms and limits of the participation of local public power in the selective collection and reverse logistics, respected the provisions of the art. 33, and of other actions concerning the responsibility shared by the life cycle of the products;

XVI-means to be used for the control and surveillance, in the local scope, of the implementation and operationalization of the solid waste management plans of which treats the art. 20 and of the reverse logistics systems provided for in the art. 33;

XVII-preventive and corrective actions to be practiced, including program of monitoring;

XVIII-identification of environmental liabilities related to waste solids, including contaminated areas, and respective sanealing measures;

XIX- periodicity of its review, observed as a matter of priority the term of the municipal multiannual plan.

§ 1º The municipal plan for integrated solid waste management may be inserted in the basic sanitation plan provided for in the art. 19 of Law No. 11,445, of 2007, respected the minimum content provided for in the incisos of the caput and observed the provisions of § 2nd, all of this article.

§ 2º For Municipalities with less than 20,000 (twenty thousand) inhabitants, the municipal plan of integrated solid waste management will have simplified content, in the form of the regulation.

§ 3º The willing in § 2nd does not apply to Municipalities:

I-members of areas of special tourist interest;

II-inserted in the area of influence of ventures or activities with significant environmental impact of scope regional or national;

III-whose territory covers, in whole or in part, Units of Conservation.

§ 4º The existence of municipal plan for integrated solid waste management does not exime the Municipality or the Federal District of environmental licensing of landfills and other infrastructure and operational facilities integral to the public service of urban cleaning and manhandling of solid waste by the competent organ of the Sisnama.

§ 5º In the definition of responsibilities in the form of the inciso VIII of the caput of this article, it is vetted ascribe to the public service of urban cleaning and solid waste manhandling the realization of steps from the management of the waste to which the art is concerned. 20 at odds with the respective environmental permit or with standards established by the Sisnama and, if couber, SNVS organs.

§ 6º In addition to the provisions of the incisos I to nineteenth of the caput of this article, the municipal plan of integrated solid waste management will contemplate specific actions to be developed within the framework of public administration bodies with views to the rational use of environmental resources, combating all forms of waste and the minimization of the generation of solid waste.

§ 7º The contents of the municipal plan for integrated solid waste management will be made available to the Sinir in the form of the regulation.

§ 8º The lack of the municipal plan for integrated solid waste management cannot be used to prevent the installation or operation of undertakings or activities duly licensed by the competent bodies.

§ 9º In the terms of the regulation, the Municipality that opts for consortiated solutions intermunicipal for the management of solid waste, ensured that the intermunicipal plan fulfils the requirements set out in the incisos I nineteenth of the caput of this article, can be exempted from the drafting of the municipal integrated management plan of solid waste.

Setion V

From the Solid Waste Management Plan

Art. 20. They are subject to the elaboration of solid waste management plan:

I-the solid waste generators provided for in points (e?,? f?,? g? e? k? of the inciso I of the art. 13;

II-the commercial and service provision establishments that:

a) generate hazardous waste;

b) generate waste that, even characterized as non-hazardous, by its nature, composition, or volume, are not equated with household waste by municipal public power;

III-the companies of civil construction, pursuant to the regulation or standards established by the organs of the Sisnama;

IV-those responsible for the terminals and other facilities referred to in paragraph? j? of the inciso I of the art. 13 and, pursuant to the regulation or standards established by the organs of the Sisnama and, if couber, of the SNVS, the transport companies;

V-those responsible for agrossilvopastoris activities, if required by the competent organ of Sisnama, SNVS or Suasa.

Single paragraph. Noted the provisions of Chapter IV of this Title, specific requirements regarding the hazardous waste management plan will be established by regulation.

Art. 21. The solid waste management plan has the following minimum content:

I- description of the venture or activity;

II-diagnosis of the solid waste generated or administered, containing the source, volume and characterization of the waste, including the environmental liabilities to them related;

III-observed the standards established by the Sisnama, SNVS and Suasa organs and, if any, the municipal plan for integrated solid waste management:

a) explicitation of those responsible for each step of solid waste management;

b) definition of the operational procedures regarding the steps of solid waste management under the responsibility of the generator;

IV-identification of the consortiated solutions or shared with other generators;

V-preventive and corrective actions to be performed in situations of incorrect management or accidents;

VI-goals and procedures related to the minimization of solid waste generation and, observed the standards set by the organs of Sisnama, SNVS and Suasa, to reuse and recycling;

VII-se couber, actions concerning the responsibility shared by the life cycle of the products, in the form of the art. 31;

VIII-saneating measures of environmental liabilities related to solid waste;

IX-periodicity of its review, observed, if couber, the duration of the respective operating license for the office of the Sisnama organs.

§ 1º The solid waste management plan will meet the provisions of the municipal plan of integrated solid waste management of the respective Municipality, without prejudice to the standards set by the organs of Sisnama, SNVS and Suasa.

§ 2º The inexistence of the municipal plan for integrated solid waste management is not obstinacy the elaboration, implementation, or operationalization of the solid waste management plan.

§ 3º Will be established in regulation:

I-norms on the exigency and content of the solid waste management plan pertaining to the acting of cooperatives or other forms of the association of reusable and recyclable material pickers;

II-criteria and simplified procedures for presentation of the solid waste management plans for microenterprises and small enterprises, so considered those defined in the incisos I and II of the art. 3rd of the Supplemental Act no 123, of December 14, 2006, provided that the activities by them developed do not generate hazardous waste.

Art. 22. For the elaboration, implementation, operationalization and monitoring of all the steps of the solid waste management plan, in them included the control of the environmentally appropriate final disposition of the rejects, will be designated responsible suitably qualified technician.

Art. 23. Those responsible for solid waste management plan will maintain up-to-date and available to the relevant municipal body, the Sisnama licensor body and other authorities, complete information on implementation and operationalization of the plan under its responsibility.

§ 1º For the achievement of the willing in the caput, without prejudice to other full requirements on the part of the authorities, declaratory system with periodicity shall be implemented at minimum annual basis in the form of the regulation.

§ 2º The information referred to in the caput will be withheld by the public bodies to the Sinir, in the form of the regulation.

Art. 24. The solid waste management plan is an integral part of the process of environmental licensing of the venture or activity by the competent Sisnama body.

§ 1º In the ventures and activities not subject to environmental licencing, the approval of the solid waste management plan rests with the competent municipal authority.

§ 2º In the environmental licensing process referred to in § 1st to office of federal organ or state of the Sisnama, shall be assured oitive of the competent municipal body, in particular as to the environmentally appropriate final provision of rejecting.

CHAPTER III

OF THE RESPONSIBILITIES OF THE GENERATORS AND THE PUBLIC POWER

Section I

Provisions General

Art. 25. The public power, the business sector and the collectivity are responsible for the effectiveness of the actions aimed at ensuring the observance of the National Solid Waste Policy and the guidelines and too much determinations set forth in this Law and in its regulation.

Art. 26. The holder of the public services of urban cleaning and solid waste manhandling is responsible for the organization and direct or indirect provision of these services, observed the respective municipal plan for integrated solid waste management, the Act paragraph 11,445, of 2007, and the provisions of this Act and its regulation.

Art. 27. The physical or legal persons referred to in art. 20 are responsible for the implementation and full operationalization of the solid waste management plan approved by the competent body in the form of the art. 24.

§ 1º The contracting of collection, storage, transport, transshipment services, treatment or final disposal of solid waste, or final disposition of rejects, does not exempt the physical or legal persons referred to in the art. 20 of the liability for damage that is to be caused by the inadequate management of the respective waste or reject.

§ 2º In cases covered by art. 20, the steps under the responsibility of the generator that are carried out by the public power shall be duly remunerated by the responsible physical or legal persons, observed the provisions of § 5th of the art. 19.

Art. 28. The home solid waste generator has ceased its responsibility for the waste with the appropriate provision for the collection or, in the cases covered by the art. 33, with the return.

Art. 29. It is up to the public power to act, secondarily, with views to minimise or cease the damage, as soon as it takes knowledge of an aggrieved event to the environment or public health related to the management of solid waste.

Single paragraph. Those responsible for the damage will fully ressarate the public power by the spending arising from the actions taken in the form of the caput.

Section II

From the Shared Responsibility

Art. 30. The shared responsibility for the life cycle of the products is hereby established, to be implemented in an individualized and threaded manner, covering manufacturers, importers, distributors and traders, consumers and holders of the public urban cleaning and solid waste manhandling services, depending on the assignments and procedures provided for in this Section.

Single paragraph. The responsibility shared by the life cycle of the products is aimed at:

I- compatibilising interests between economic and social actors and business and mercadological management processes with those of environmental management, developing sustainable strategies;

II-promote the harnessing of solid waste, directing them to their productive chain or to other chains productive;

III-reduce the generation of solid waste, the waste of materials, the pollution and environmental damage;

IV-encouraging the use of underage inputs aggressiveness to the environment and greater sustainability;

V-stimulate the market development, the production and consumption of products derived from recycled and recyclable materials;

VI-propiciate that productive activities achieve efficiency and sustainability;

VII-encouraging good practices of socio-environmental responsibility.

Art. 31. Without prejudice to the obligations set out in the solid waste management plan and with views to strengthen shared responsibility and its objectives, manufacturers, importers, distributors and merchants bear responsibility that covers:

I-investment in the development, manufacturing and placing on the market of products:

a) that are fit, after use by the consumer, to reuse, recycling or to another form of environmentally appropriate targeting;

b) whose manufacture and use generate the smallest amount of solid waste possible;

II-dissemination of information regarding the forms to avoid, recycle and eliminate the solid waste associated with their respective products;

III-pick-up of the remaining products and waste after use, as well as its subsequent environmentally appropriate end-targeting, in the case of system object products of reverse logistics in the form of the art. 33;

IV-commitment to, when signed agreements or terms of commitment to the Municipality, participate in the actions provided for in the municipal plan for integrated solid waste management, in the case of products not yet included in the reverse logistics system.

Art. 32. Packaging shall be manufactured with materials that will propitiate reuse or recycling.

§ 1º It shall be up to the respective responsible to ensure that the packaging is:

I-restricted in volume and weight to the dimensions required for the protection of the content and the commercialization of the product;

II-designed in a way to be reused in a technically feasible manner and compatible with the requirements applicable to the product they contain;

III-recycled, if the reuse is not possible.

§ 2º The regulation will have on cases where, for reasons of technical order or economical, is not feasible the application of the willing in the caput.

§ 3º It is responsible for the fulfilment of the willing in this article all the one that:

I-manufacturing packaging or supplies materials for the manufacture of packaging;

II-puts into circulation packaging, materials for the manufacture of packaged packaging or packaged products, at any stage of the trade chain.

Art. 33. They are required to structure and implement reverse logistics systems, upon return of the products after the use by the consumer, independently of the public service of urban cleaning and manhandling of solid waste, the manufacturers, importers, distributors and traders of:

I-agrotoxic, their waste and packaging, as well as other products whose packaging, after use, constitutes hazardous waste, observed the hazardous waste management rules provided for in law or regulation, in standards established by the Sisnama, SNVS and the Suasa, or in technical standards;

II-stacks and batteries;

III-tires;

IV-lubricating oils, their residues and packaging;

V-fluorescent lamps, of sodium vapor and mercury and mixed-light;

VI-electronics products and their components.

§ 1º In the form of the provisions of regulation or in sectoral agreements and terms of commitment firmed up between the public power and the business sector, the systems envisaged in the caput will be extended to products marketed in plastic, metallic or glass packaging, and to the remaining products and packaging, considering, as a matter of priority, the grade and the extent of the impact to public health and the environment of the waste generated.

§ 2º The definition of the products and packaging referred to in § 1st will consider technical and economic feasibility of reverse logistics, as well as the degree and extent of the impact to public health and the environment of the waste generated.

§ 3º Without prejudice to specific requirements set out in law or regulation, in standards established by the organs of the Sisnama and the SNVS, or in sectoral agreements and terms of commitment signed between the public power and the business sector, it is up to the manufacturers, importers, distributors and traders of the products to which the incisies II, III, V and VI or of the products and packaging to which the incisos I and IV of the caput and the § 1st take all the necessary measures to ensure the implementation and operationalization of the reverse logistics system under its charge, depending on the established in this article, and may, among other measures:

I-implant procedures of purchase of used products or packaging;

II-make available waste delivery posts reusable and recyclable;

III-acting in partnership with cooperatives or other forms of association of reusable and recyclable material pickers, in the cases of which it treats § 1º.

§ 4º Consumers should make the return after use, to traders or distributors, of the products and packaging to which the incisels I have to VI the caput, and of other products or packaging object of reverse logistics, in the form of the § 1st.

§ 5º The merchants and distributors are expected to return to the manufacturers or the importers of the products and packaging assembled or returned in the form of § § 3rd and 4th.

§ 6º The manufacturers and the importers will give environmentally appropriate targeting to the products and packaging assembled or returned, the remake being forwarded to the environmentally appropriate final provision, in the form established by the competent organ of the Sisnama and, if any, by the municipal integrated waste management plan solids.

§ 7º If the holder of the public service of urban cleaning and manhandling of solid waste, by sectoral agreement or term of commitment struck with the business sector, take charge of liability activities of manufacturers, importers, distributors and traders in the reverse logistics systems of the products and packaging to which refers to this article, the actions of the public power will be properly remunerated, in the form previously agreed upon between the parties.

§ 8º With the exception of consumers, all participants in the logistics systems reverse will keep updated and available to the competent municipal body and other authorities complete information on the realization of the actions under their responsibility.

Art. 34. The sectoral agreements or terms of commitment referred to in the inciso IV of the art caput. 31 and in § 1º of the art. 33 may have national, regional, state or municipal inclusiveness.

§ 1º The sectoral agreements and terms of commitment firmed up nationwide have prevalence over those firmed up in a regional or state level, and these on the municipal firings.

§ 2º In the application of competing rules depending on § 1st, agreements signed with minor geographic inclusiveness can broaden, but not slow down, the constant environmental protection measures in the sectoral agreements and terms of commitment firmed with greater geographical comprehensiveness.

Art. 35. Whenever established selective collection system by the municipal plan for integrated solid waste management and the application of art. 33, consumers are obliged to:

I-packaging properly and in a way differentiated solid waste generated;

II-adequately making waste available reusable and recyclable solids for collection or return.

Single paragraph. The municipal public power can institute economic incentives to consumers who participate in the selective collection system referred to in the caput, in the form of municipal law.

Art. 36. Within the framework of the responsibility shared by the product life cycle, it is up to the holder of the public urban cleaning and solid waste manhandling services, observed, if any, the municipal plan for integrated solid waste management:

I-adopt procedures to reuse reusable and recyclable solid waste coming from the public services of urban cleaning and solid waste manhandling;

II- establish selective collection system;

III-articular with the economic agents and social measures to enable the return to the productive cycle of reusable and recyclable solid waste arising from the urban cleaning and solid waste manhandling services;

IV-carry out the activities defined by setorial arrangement or compromise term in the form of the 7th of the art. 33, upon due remuneration by the business sector;

V-implanting system of composting for organic solid waste and articulating with the economic and social actors forms of use of the produced compound;

VI-giving environmentally appropriate final disposition to waste and rejects from the public services of urban cleaning and solid waste manhandling.

§ 1º For the fulfillment of the provisions of the incisos I to IV of the caput, the holder of the services public urban cleaning and solid waste manhandling will prioritize the organization and operation of cooperatives or other forms of association of reusable and recyclable material pickers formed by low-income physical persons, well as their hiring.

§ 2º The contracting provided for in § 1st is dispensable from bidding, in the terms of the inciso XXVII of the art. 24 of the Law no 8,666, of June 21, 1993.

CHAPTER IV

OF THE HAZARDOUS WASTE

Art. 37. The installation and operation of venture or activity that manages or operates with hazardous waste can only be authorized or licensed by the competent authorities if the responsible officer proves, at the very least, technical and economic capacity, in addition to conditions for providing the care necessary for the management of such waste.

Art. 38. Legal persons operating with hazardous waste, at any stage in their management, are required to enroll in the National Cadastro of Hazardous Waste Operators.

§ 1º The enrollment envisaged in the caput will be coordinated by the competent federal body of the Sisnama and deployed in a joint manner by the federal, state and municipal authorities.

§ 2º For the enrollment, the legal persons referred to in the caput need to rely on responsible technician for the management of the hazardous waste, from its own employee frame or contractor, duly authorized, whose data will be kept updated in the enrollment.

§ 3º The enrollment to which the caput is referred to is an integral part of the Federal Technical Cadastro of Potentially Polluting Activities or Users of Environmental Resources and the Information System provided for in art. 12.

Art. 39. The legal persons referred to in art. 38 are obliged to draw up hazardous waste management plan and submit it to the competent body of the Sisnama and, if couber, of the SNVS, observed the minimum content set out in the art. 21 and too much requirements laid down in regulation or in technical standards.

§ 1º The hazardous waste management plan to which the caput refers may be inserted in the waste management plan referred to in the art. 20.

§ 2º It is up to the legal persons referred to in art. 38:

I-keep record updated and easily accessible from all procedures related to the implementation and operationalization of the predicted plan in the caput;

II- report annually to the competent body of the Sisnama and, if couber, of the SNVS, on the quantity, nature and temporary or final destination of the waste under its responsibility;

III-adopt measures aimed at reducing the volume and the periculousness of the waste under its responsibility, as well as perfecting its management;

IV-immediately inform the competent bodies about the occurrence of accidents or other claims related to hazardous waste.

§ 3º Where requested by the competent bodies of the Sisnama and the SNVS, it will be ensured access for inspection of the facilities and the procedures related to the implementation and operationalization of the hazardous waste management plan.

§ 4º In the case of control in charge of the federal or state organ of the Sisnama and the SNVS, the information about the content, implementation and operationalisation of the planned plan in the caput will be passed down to the municipal public power in the form of the regulation.

Art. 40. In the environmental licensing of ventures or activities that operate with hazardous waste, the Sisnama's licensor body may require the hiring of liability insurance for damages caused to the environment or public health, observed the rules on coverage and the maximum hiring limits set in regulation.

Single paragraph. The willing in the caput will consider the company's waybill, as per regulation.

Art. 41. Without prejudice to the initiatives of other governmental spheres, the Federal Government should structure and maintain instruments and activities aimed at promoting decontamination of orphan areas.

Single paragraph. If, after decontamination of an orphan site carried out with resources from the Federal Government or another one of the Federation, those responsible for the contamination are identified, these will fully ressarse the value employed by the public power.

CHAPTER V

OF THE ECONOMIC INSTRUMENTS

Art. 42. The public power will be able to institute inductive measures and funding lines to address, as a matter of priority, the initiatives of:

I-prevention and reduction of the generation of solid waste in the productive process;

II-development of products with minor impacts to human health and environmental quality in their life cycle;

III-implantation of physical infrastructure and acquisition of equipment for cooperatives or other forms of association of reusable and recyclable material pickers formed by low-income physical persons;

IV-development of solid waste management projects of intermunicipal character or, in the terms of the inciso I of the art caput. 11, regional;

V-structuring of selective collection systems and reverse logistics;

VI-decontamination of contaminated areas, including the orphan areas;

VII-development of researches aimed at clean technologies applicable to solid waste;

VIII-development of environmental and business management systems aimed at the improvement of productive processes and the reuse of waste.

Art. 43. In the fostering or granting of receivables intended to meet guidelines of this Act, official credit institutions may establish differentiated criteria of recipients ' access to the credits of the National Financial System for productive investments.

Art. 44. The Union, the States, the Federal District and the Municipalities, within the framework of their competences, will be able to institute standards with the aim of granting tax, financial or crediting incentives, respected the limitations of the Supplementary Act No 101, 4 from May 2000 (Tax Liability Act), to:

I-industries and entities dedicated to the reuse, treatment and recycling of solid waste produced in the national territory;

II-projects related to responsibility for the life cycle of products, as a matter of priority in partnership with cooperatives or other forms of association of pickers of reusable and recyclable materials formed by low-income physical persons;

III- companies dedicated to urban cleaning and related activities.

Art. 45. Public consortia constituted, pursuant to the Act in 11,107, of 2005, with the aim of viabilizing decentralization and the provision of public services involving solid waste, have priority in obtaining the incentives instituted by the Federal Government.

Art. 46. The fulfilment of the provisions of this Chapter will take effect in line with the Supplementary Act No. 101, of 2000 (Tax Liability Act), as well as with the guidelines and objectives of the respective multiannual plan, the targets and priorities fixed by the laws of budget guidelines and on the limit of availabilities proposed by the annual budget laws.

CHAPTER VI

DAS PROHIBITIONS

Art. 47. The following forms of targeting or final disposition of solid or rejected waste are prohibited:

I-launch on beaches, on the sea or on any water bodies;

II-launch in natura wide-open skies, excepted mining waste;

III-burning open skies or in containers, facilities and unlicensed equipment for that purpose;

IV-other forms vected by the public power.

§ 1º When enacted health emergency, the burning of open skies waste can be carried out, provided that it is authorised and accompanied by the competent bodies of the Sisnama, of the SNVS and, when couber, of the Suasa.

§ 2º Ensured due waterproofing, the waste decanting basins or rejected industrial or mining, duly licensed by the competent body of the Sisnama, are not considered as water bodies for the purposes of the inciso I of the caput.

Art. 48. The following activities are prohibited, in the areas of final disposal of waste or rejected, the following activities:

I-use of the rejecites arranged as food;

II-catation, observed the provisions of the inciso V of the art. 17;

III-creation of domestic animals;

IV-fixation of temporary or permanent dwellings;

V-other activities vected by the public power.

Art. 49. The import of hazardous and rejected solid waste as well as from solid waste whose characteristics cause damage to the environment, public and animal health and plant sanity, yet for treatment, reform, assemblage, reuse, is prohibited or recovery.

TITLE IV

TRANSITIONAL AND FINAL PROVISIONS

Art. 50. The non-existence of the regulation provided for in § 3º of the art. 21 shall not preclude acting, under the terms of this Law, of cooperatives or other forms of association of reusable and recyclable material pickers.

Art. 51. Without prejudice to the obligation of, regardless of the existence of guilt, to repair the damage caused, the action or omission of the physical or legal persons that import failure to comply with the precepts of this Act or its regulation subject to the offenders to the sanctions provided for in law, in particular those set out in the Act no 9,605 of February 12, 1998, which? provides for criminal and administrative penalties derived from conduct and activities that are harmful to the environment, and gives other arrangements?, and in their regulation.

Art. 52. The observance of the willing in the art caput. 23 and in § 2º of the art. 39 of this Act is considered to be an obligation of relevant environmental interest for the purposes of art. 68 of Law No. 9,605 of 1998, without prejudice to the application of other enforceable penalties in the criminal and administrative spheres.

Art. 53. The § 1º of the art. 56 of the Law no 9,605, of February 12, 1998, goes on to invigorate with the following essay:

?Art. 56. .................................................................................

§ First in the same feathers incurs who:

I-abandons the products or substances referred to in the caput or uses them at odds with environmental or safety standards;

II-manipula, acondicione, stores, transports, reuses, recycles, or gives final destination to hazardous waste in a fun way from the established in law or regulation.

.................................................................................................? (NR)

Art. 54. The environmentally appropriate final provision of the rejects, observed the provisions of § 1º of the art. 9º, is to be deployed in up to 4 (four) years after the date of publication of this Act.

Art. 55. The willing in the arts. 16 and 18 comes into force 2 (two) years after the date of publication of this Law.

Art. 56. The reverse logistics relative to the products of which treat the incisos V and VI of the art caput. 33 will be implemented progressively second schedule laid down in regulation.

Art. 57. This Act comes into force on the date of its publication.

Brasilia, August 2, 2010; 189º of Independence and 122º of the Republic.

LUIZ INÁCIO LULA DA SILVA

Rafael Thomaz Favetti

Guido Mantega

Jose Gomes Tembasement

Miguel Jorge

Izabella Monica Vieira Teixeira

João Reis Santana Filho

Marcio Fortes de Almeida

Alexandre Rocha Santos Padilha