CETESB Publishes New Board Decision on the Management of Contaminated Areas

The Environmental Agency of the State of São Paulo (Companhia Ambiental do Estado de São Paulo - CETESB) recently published in the Official Gazette new guidelines for managing contaminated areas and the procedures for requesting technical opinions related to the execution of the management of contaminated areas.

This new board decision, No. 056/2024/E, is in line with State Law No. 13,577/2009 (which establishes guidelines and procedures for the protection of soil quality and the management of contaminated areas), State Decree No. 59,263/2013 (which regulates State Law No. 13,577/2009), and State Decree No. 62,973/2017 (which complements and amends provisions related to environmental management).

The process for managing contaminated areas is broken down into three categories of procedures—three “blocks” of stages—under Resolution No. 420/2009 of the National Environmental Council (Conselho Nacional do Meio Ambiente - CONAMA):

i. Block 1 – the Identification: Preliminary Assessment and Confirmatory Investigation stages
ii. Block 2 – the Diagnosis: Detailed Investigation, Risk Assessment, and Preparation of the Intervention Plan stages
iii. Block 3 – the Intervention: Execution of the Intervention Plan and Monitoring for Closure stages

In the absence of suspected contamination, the process will end at Block 1, the preliminary assessment stage. If risks above acceptable levels are not identified, the process will end at Block 2, after a more detailed investigation and risk assessment; and in that case, Block 3 will include only the monitoring for the closure stage.

The new board decision establishes that the approval of each block will be granted by the issuance of a technical opinion. To request a technical opinion, the legal entity responsible for the management procedure must submit the results meeting the block’s testing criteria to CETESB. Before submitting the results, the legal entity must complete all applicable stages. However, in cases involving risks to human life or to public health, certain emergency measures must be taken, as outlined in Article 19 of State Decree No. 59,263/2013.

The rules for the submission of reports and requests for technical opinions established in CETESB Board Decision No. 038/2017/C have been revoked by the board decision, except in relation to requests for technical opinions concerning a deactivation pan of enterprises and the results of the implementation and execution of intervention measures.

The Environmental, Climate Change and ESG Practice of Tauil & Chequer Advogados, in association with Mayer Brown, is available for additional information.