Table 4 lists the main regulations applied to Brazil (Federal Laws and CONAMA Resolutions) and specific regulations applied to São Paulo State, both have been established with the purpose of defining guidelines, objectives and instruments for the integrated management of solid wastes in general and, in some cases, specifically for the C&DW management.
Table 4. Regulations about solid waste in general and construction and demolition waste.
Year Legislation
1998 Federal Law nº 9,605: imposes criminal and administrative sanctions derived from
conducts and activities that are harmful to the environment.
2001
Federal Law nº 10,257: establishes rules of public order and social interest that regulate
the use of urban property for the collective good, security and well-being of citizens, as well as environmental balance.
2002 CONAMA Resolution nº 307: establishes the guidelines, criteria and procedures for the
C&DW management.
2004 CONAMA Resolution nº 348: amends the Resolution n
o 307, including asbestos in the
Class D (hazardous waste).
2006 São Paulo State Law nº 12,300: establishes the Solid Waste Policy of São Paulo State. 2009 São Paulo State Decree nº 54,645: regulates the Law nº 12,300.
2007 Federal Law nº 11,445: establishes the national guidelines for basic sanitation. 2010 Decree nº 7,217: regulates the Law nº 11,445.
2010 Federal Law nº 12,305: establishes the National Solid Waste Policy. 2010 Decree nº 7,404: regulates the Law nº 12,305.
2011 CONAMA Resolution nº 431: amends the Resolution n
o 307, switching the classification
of gypsum to Class B (recyclable waste).
2012 CONAMA Resolution nº 448: amends the Resolution n
o 307, modifying nomenclatures
and deadlines.
2014 São Paulo State Decree nº 60,520: establishes the System of Online Solid Waste
Management (SIGOR).
2015 CONAMA Resolution nº 469: amends the Resolution n
o 307, instructing that empty
paint containers are considered C&DW Class B (recyclable waste).
Source: Author (2019).
CONAMA Resolution nº. 307 of 2002 is the main regulation for C&DW management, defining responsibilities for municipalities, small and large generators, transport companies and infrastructures, also including the guidelines for reducing the environmental impacts caused by the C&DW. This Resolution was updated by Resolution nº. 348 of 2004,
Resolution nº. 431 of 2011, Resolution nº. 448 of 2012 and Resolution nº. 469 of 2015, as shown in Table 4.
Based on a diagnostic about the C&DW (IPEA, 2012), the preliminary version of the National Solid Waste Plan has proposed the six goals described below (BRASIL, 2012c):
Goal 1: Elimination of all illegal disposal areas.
Goal 2: Disposal of C&DW Class A only into authorized landfills.
Goal 3: Implementation of drop-off sites and sorting areas.
Goal 4: C&DW reuse and recycling.
Goal 5: Request of C&DW Management Plans from large generators, and implementation of a declaratory system to gather data from generators, transporters and management infrastructures (TSA, recycling facilities and landfills).
Goal 6: Elaboration of quantitative and qualitative diagnostics of C&DW generation, collection and destination.
The deadline established for the fulfilment of the goals by all Brazilian municipalities was 2015, except for goal number 5, whose deadlines vary according to each region of the country (Table 5).
Table 5. Goals for C&DW reuse and recycling according to the National Solid Waste Plan.
Brazilian region 2015 2019 2023 2027 North 75% 100% Northeast 60% 80% 100% South 60% 80% 100% Southeast 50% 70% 85% 100% Midwest 75% 100% Source: Brasil (2012c).
In accordance with the IBGE (2010), only 392 municipalities (about 7% of the total) have some process or initiative of C&DW reuse and/or recycling; in this way, the aforementioned goals are not consistent with the national scenario. In this sense, it is expected that these goals be reformulated, based on an inventory containing real data on the amount generated and management practices adopted by the public and private sectors.
The Solid Waste Plan of São Paulo State, published in 2014 (SÃO PAULO, 2014b), presents the following detailed goals for the C&DW management, which must be met by all municipalities until 2019: (i) elimination of all illegal disposal areas; (ii) implementation of drop-off sites, sorting areas and, if necessary, landfills for C&DW Class A; (iii) elaboration of C&DW Management Plans by large generators; (iv) promotion of measures to reduce the C&DW generation throughout the State.
In addition, the Solid Waste Plan of São Paulo State aims to implement reverse logistics, promote good practices initiatives to reduce waste generation at source and encourage the use of recyclable materials. In this sense, the targets for C&DW reuse and recycling for all municipalities located in the São Paulo Stare are: 70% in 2019; 85% in 2023 and 100% in 2025 (SÃO PAULO, 2014b).
São Paulo State has also created the System for Online Management of Solid Waste (SIGOR) in order to gather data on solid waste flows, and the C&DW was chose as the initial module. The main goal of SIGOR is to control de C&DW management, considering the generator, transport companies and management infrastructures. Figure 25 shows how the SIGOR works. According to CETESB (2018), until September 2018, only three municipalities had registered in SIGOR (Catanduva, Santos and São José do Rio Preto).
Figure 25. Operation of the System for Online Management of Solid Waste (SIGOR).
Source: adapted from São Paulo (2014a).
According to the National Solid Waste Policy and CONAMA Resolution nº. 448 of 2012, the municipalities should elaborate the C&DW Management Plan in accordance with the Municipal Solid Waste Management Plan. The C&DW Plan must comprise the guidelines for the generators (small and large), transport companies and management infrastructures.
The municipal government is responsible for managing the C&DW from small generators, whether natural person or legal entity, public or private. The definition of small generator is not provided by law, then, the municipalities usually adopt the volume of 1 to 2 m³ of C&DW generated per day per inhabitant. Large generators, who generate more than 1 or 2 m³ of C&DW per day, must elaborate the C&DW Management Plan (SÃO PAULO, 2014a).