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Brazil: CETESB´s Board Decision on technical opinions in contaminated areas

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In brief

On 24 October 2022, CETESB published Board Decision No. 106/2022/P, which establishes the new procedures to be observed within the scope of administrative proceedings for issuing Technical Opinions related to contaminated areas.

In more detail

In sum, the new Board Decision establishes procedures for issuing technical opinions related to: (i) the management of contaminated areas; (ii) the reuse of contaminated areas; (iii) the deactivation and demobilization of Activities Potentially Generating Priority Contaminated Areas for Licensing and Decommissioning; and (iv) issuing grants for groundwater collection wells around contaminated areas.

Steps for issuing Technical Opinions regarding contaminated areas have been established, as well as the CETESB sectors for the analysis and issuance of said opinions, including analysis of possible appeals against unfavorable opinions.

For Technical Opinions on Preliminary Evaluation, Confirmatory Investigation and Detailed Investigation, the voluntary and immediate request by the interested party will be received as a self-denouncement, and this fact will be considered as an extenuating circumstance in the eventual application of the penalty.

The Board Decision also provides that the deadlines for manifestation will be counted from the opening of the task contained in the “Comunique-se,” or automatically after the 10th day counted consecutively from the sending of the message to the address registered in the electronic platform used by CETESB.

Finally, the Board Decision emphasizes that proceedings that remain without any manifestation by the interested party for 120 days after being provoked by CETESB will be shelved.

Our Environment, Consumer and Sustainability team is available to provide further clarification on the subject.

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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. As a Senior Partner, she is the Head of the Environment, Climate Change and Sustainability practice group in Brazil. She coordinates the sustainability initiatives conducted by the office. In the environmental and sustainability area, she coordinates several of the biggest cases of contamination and environmental regularization in the country. Renata provides advice on negotiations with authorities; judicial and administrative litigation; review of environmental aspects of financial institutions and operations; drafting and negotiation of environmental provisions in contracts and other commercial operations. She has vast experience in dealing with environmental management, legal audit and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits. In matters related to Consumer Law, she conducts analysis of aspects of Consumer Law in contracts and commercial transactions, judicial and administrative litigations; works on the negotiated solution of matters related to Consumer Law; celebration of agreements with competent authorities; analysis, planning and supervision of legal aspects of recalls; marketing strategies and campaigns; aspects of Consumer Law in electronic commerce and in matters related to information technology and on the development of preventive policies and strategies for companies. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Giovani Bruno Tomasoni joined the Firm in 2008 and became partner of the Environment, Consumer and Sustainability practice group in 2020. He practices with focus on Environment, Public Law, Energy, Forestry, and helps clients in the internalization of concepts such as sustainability, ESG, circular economy, environmental compliance, among others. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Manuela Demarche joined the Firm in 2017 and is a Senior Associate of the Environment and Sustainability practice group, with focus on Environmental Law, Sustainability, ESG and Climate Change. Manuela Demarche has a wide breadth of experience in matters related to environmental liability and licensing proceedings – especially regarding mitigating and compensatory measures, intervention by interested third parties, risk mitigation and protected areas – and advises clients in relevant cases to the current Brazilian scenario, comprehending consultations, due diligences, administrative and judicial matters related to environmental regularization (air pollution, effluents, solid waste, contaminated lands), circular economy, implementation of take-back requirements and product life-cycle, biodiversity, crisis management and definition of strategies under broad legal focus. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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