Deadlines:<\/strong><\/b><\/p>\nAs for deadlines, DD 76\/18 set 2021 as the final deadline for these companies to complete the incorporation of RL into their production processes. However, this does not mean that all companies will have an \u201camnesty\u201d until that date, since for some of them the obligation starts in the last quarter of 2018.<\/p>\n
The logic of DD 76\/18 is therefore as follows: the more hazardous the product\/waste and the larger the production area \u2013 in m\u00b2 \u2013 the sooner the company must adapt.<\/p>\n
Targets:<\/strong><\/b><\/p>\nWhen it comes to RL, the definition of return targets for the product\/waste produced is the benchmark for how ambitious the public policy is \u2013 and how challenging it will be to comply with it. In the case of S\u00e3o Paulo, DD 76\/18 was anything but timid, since two distinct and complementary targets were created, namely:<\/p>\n
\nQuantitative: by units to be collected;<\/li>\n Geographic: related to a percentage of territorial coverage.<\/li>\n<\/ul>\nThe combination of these two targets reveals the State\u2019s objective: to put RL into operation throughout its territory by 2021.<\/p>\n
In addition, the measure will prevent companies from focusing their efforts only on specific regions, such as the capital and metropolitan areas \u2013 where, in theory, it would be easier to implement RL because they have better infrastructure \u2013 ensuring coverage of every location reached by their products.<\/p>\n
The challenges related to RL are only just beginning. It is still up to the government, among other measures, to make the SIGOR \u2013 Reverse Logistics Module available. The business community, in turn, must integrate RL into its environmental management systems in an effective and balanced way, with due legal consideration of the role of each party involved in managing the waste generated and a strategy to ensure that implementation is safe and economically viable.<\/p>\n
Proof of reverse logistics as a condition for obtaining an environmental license applies to facilities that manufacture, or are responsible for importing, distributing or selling, certain products, provided that they are subject to ordinary environmental licensing by CETESB, and must take place progressively, in successive stages, as follows:<\/p>\n
\na) within 180 days of the publication of CETESB DD 076\/2018\/C:<\/li>\n<\/ol>\na.1) Automotive lubricating oil, for the reverse logistics of used and contaminated lubricating oil (OLUC) and its plastic packaging;<\/p>\n
a.2) Automotive batteries;<\/p>\n
a.3) Portable batteries and cells;<\/p>\n
a.4) Fluorescent, sodium vapor, mercury vapor and mixed light lamps;<\/p>\n
a.5) Scrap tires;<\/p>\n
a.6) Pesticides, for the reverse logistics of their empty packaging;<\/p>\n
a.7) Architectural paints, for the reverse logistics of their empty packaging.<\/p>\n
\nb) Within 180 days of the publication of CETESB DD 076\/2018\/C for facilities with a built area of more than 10,000 m\u00b2. From 2019 for facilities with a built area of more than 1,000 m\u00b2, with the requirement applying upon application for or renewal of the operating license. From 2021 for all facilities subject to ordinary licensing, with the requirement applying upon application for or renewal of the operating license:<\/li>\n<\/ol>\nb.1) Edible oil;<\/p>\n
b.2) Automotive lubricating oil filters;<\/p>\n
b.3) Food products, for the reverse logistics of their packaging;<\/p>\n
b.4) Beverages, for the reverse logistics of their packaging;<\/p>\n
b.5) Personal hygiene, perfumery and cosmetic products, for the reverse logistics of their packaging;<\/p>\n
b.6) Cleaning products and similar, for the reverse logistics of their packaging;<\/p>\n
b.7) Household electrical and electronic products and their components, with a voltage of up to 240 volts;<\/p>\n
b.8) Expired or unused household medicines for human use.<\/p>\n
Reverse logistics systems may be implemented and operated either individually by companies or \u2013 preferably \u2013 collectively through a sector representative entity or a managing entity. In addition, they must ensure the environmentally sound final disposal of 100% of the products and packaging returned.<\/p>\n
Facilities of companies that have joined one of the Reverse Logistics Commitment Agreements entered into by the State Department of the Environment (SMA), CETESB and representatives of the respective business sectors will be considered compliant with CETESB DD 076\/2018\/C, provided that the reverse logistics obligations assumed under those agreements are being met.<\/p>\n
In any case (individual or collective systems), the Logistics Plans and the Annual Reports with operating results must be submitted to CETESB by completing the respective forms in the Reverse Logistics Module of SIGOR \u2013 the State Online Solid Waste Management System.<\/p>\n
Finally, non-compliance with CETESB DD 076\/2018\/C will result in the penalties provided for in environmental legislation, as well as in the non-renewal of the operating licenses of companies required to adopt reverse logistics in their activities.<\/p>\n
__________<\/p>\n
1<\/u><\/strong><\/b> SMA Resolution 45, of June 23, 2015. Published in the DOE of 06-24-2015, Section I, p. 43. Defines the guidelines for implementing and operating post-consumer responsibility in the State of S\u00e3o Paulo, and makes related provisions.<\/p>\n 2<\/u><\/strong><\/b> Law 12,305, OF AUGUST 2, 2010. Establishes the National Solid Waste Policy; amends Law No. 9,605, of February 12, 1998; and makes other provisions.<\/p>\n 3<\/u><\/strong><\/b> Law 12,300, of 03\/16\/2006. Establishes the State Solid Waste Policy and defines its principles and guidelines.<\/p>\n 4<\/u><\/strong><\/b> Decree 9,177, of October 23, 2017. Published in the Official Gazette of the Union – Section 1 – 10\/24\/2017, Page 1. Regulates art. 33 of Law 12,305, of August 2, 2010, which establishes the National Solid Waste Policy, supplements art. 16 and art. 17 of Decree 7,404, of December 23, 2010, and makes other provisions.<\/p>\n 5<\/u><\/strong><\/b> See the list by following this link: click here<\/a>.<\/p>\n__________<\/p>\n
*Luiz Carlos Aceti Junior<\/strong><\/b> is a lawyer practicing Environmental Law and a partner at Aceti, Senise & Paiva Sociedade de Advogados.<\/p>\n*Walter Jos\u00e9 Senise<\/strong><\/b> is a lawyer practicing Environmental Law and a partner at Aceti, Senise & Paiva Sociedade de Advogados.<\/p>\n*Diogo de Mello Paiva Ferreira<\/strong><\/b> is a lawyer specialized in Environmental Law, Strategic Sustainability Management and Environmental Management, and a partner at Aceti, Senise & Paiva Sociedade de Advogados.<\/p>\n","protected":false},"excerpt":{"rendered":"Published in MIGALHAS: https:\/\/www.migalhas.com.br\/dePeso\/16,MI288960,41046-Licenciamento+ambiental+no+Estado+de+Sao+Paulo+e+a+logistica+reversa Published on Wednesday, October 10, 2018. On April 3, 2018, CETESB \u2013 the S\u00e3o Paulo State Environmental Company \u2013 issued Board Decision (DD) 076\/2018\/C, published on April 4, 2018, establishing the procedures required to implement reverse logistics within environmental licensing. The DD entered into force 60 (sixty) days after its publication, […]<\/p>\n","protected":false},"author":4,"featured_media":2453,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[59],"tags":[],"class_list":["post-5367","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-publications"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t