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Brazilian Legislation

PNRS, New Sanitation Framework and Ordinance 274/2019 structure waste management in Brazil — and make the end of landfills and gross disposal mandatory.

Law 12.305/2010

National Solid Waste Policy (PNRS)

The PNRS brings together principles, objectives, instruments, guidelines, goals and actions of the Federal Government, States, Federal District, Municipalities and individuals for the integrated management and environmentally appropriate management of solid waste.

  • Order of priority: non-generation, reduction, reuse, recycling, treatment and adequate final disposal
  • Introduces "shared responsibility" between society, companies, city halls and state and federal governments
  • Prohibits the creation of open dumps and determines the closure of existing ones
  • City halls must invest in environmentally appropriate solutions to only receive waste without the possibility of reuse
  • Possibility of using waste to generate energy, with technical feasibility and monitoring of toxic gases
  • Prohibition on the import of any garbage
  • Federal transfers conditional on the approval of municipal solid waste management plans
Article 9 of the PNRS

The pyramid of priorities.

Every municipality must follow this order of priority in waste management.

1Non-generation
2Reduction
3Reuse
4Recycling
5Treatment
6Appropriate final disposition

Waste (has value, can be treated) is different from non-recoverable waste (can no longer be used). Only non-recoverable waste should go to final disposal.

Law 14.026/2020

New Sanitation Framework

The New Legal Framework extended the PNRS deadlines for the end of open dumps and the environmentally appropriate final disposal of waste.

Aug/2021
Capitals and municipalities of metropolitan regions
Aug/2022
Municipalities with more than 100 thousand inhabitants
Aug/2023
Municipalities between 50 and 100 thousand inhabitants
Aug/2024
Municipalities with less than 50 thousand inhabitants

According to the Ministry of the Environment, there are still around 3 thousand open dumps in Brazil contaminating soil and water. Municipalities that do not meet the deadlines lose access to federal funds.

Interministerial Ordinance

Ordinance 274/2019

The ordinance that regulated energy recovery from urban solid waste in Brazil — the milestone that legally shielded URE's.

  • Defines the URE — Urban Solid Waste Energy Recovery Unit
  • Recommends energy recovery as an environmentally appropriate form of final disposal
  • Requires proof of technical, environmental and economic-financial feasibility
  • Imposes continuous monitoring program for toxic gas emissions
  • Includes treatments by thermal oxidation, pyrolysis, gasification and plasma processes
  • URE must reach a minimum of 850°C after the last injection of combustion air, in a controlled manner

Regulatory compliance without the headache.

Bionergia monitors emissions and organic pollutants, with operations guided by Law 6.938/1981 and Law 14.026/2020.

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