Is My Business Required To Be Licensed?

The CONAMA Resolution 237 of 1997 defines what activities are required to have an environmental license.

In Annex 1 of the resolution, it is determined that any undertaking that carries out the activities listed below must have an environmental license. The events are:

  • Treatment and disposal of industrial waste (liquid and solid).
  • Treatment/disposal of particular waste such as agrochemicals and their used packaging and health service, among others.
  • Treatment and disposal of urban solid waste, including those from septic tanks.
  • Transport of dangerous goods – which includes transport of hazardous waste.

Environmental licensing will be required for the transportation of waste covered by Resolution 5232 of December 14, 2016, of the National Land Transport Agency (ANTT). This resolution is considered to be one of the most important about the transportation of hazardous waste. Resolution 5232 replaces Resolution ANTT 420/2004.

Why Should Carriers And Waste Treaters License Themselves?

There are three main reasons why companies that carry out transport and waste treatment services seek an environmental license.

The first reason is that environmental licensing is the first step for companies carrying out transportation and waste treatment to start their business. It is through the license that these ventures demonstrate the concern with the environment and discover their obligations regarding the adequate environmental control of their activity.

The second reason is that the Environmental Licensing has become mandatory throughout the national territory since 1981, and the enterprise cannot function without owning the license. The companies that operate without the environmental permission suffer sanctions and punishments, being: warnings, fines, embargoes, temporary or definitive stoppage of activities.

The third reason is the requirement of the clients that the partner companies comply with environmental legislation.

Who Is Responsible For Granting The Environmental License?

The IBAMA is responsible for the licensing of transport and wastes treatment companies whose service is held in more than one state and those whose environmental impacts extend beyond the territorial limits, or outside the country

If the company only performs the service within the State itself, it is up to the environmental agency of that State to license the activities located within its regional boundaries.

Main Documents Required in Environmental Licensing

The main documents required to acquire the license are:

Memorial descriptive of the industrial process of the company;

Application Form completed and signed by the legal representative;

Copy of the CPF and Identity of the legal representative who signs the application;

Copies of CPFs and Records in the Class Councils of the professionals responsible for the project, construction, and operation of the enterprise;

Copies of the CPF and Identity of the person in charge of the contact between the company and the environmental body;

Copies of the Power of Attorney, the CPF and the identity of the attorney-in-fact, if any;

Copy of the Minutes of the election of the last board of directors, when it is a corporation, or registered social contract when it is a company by quotas of limited liability;

Copy of CNPJ – National Registry of Legal Entities;

Copies of the property record of the property or certificate of ownership or assignment of use;

Copy of the Certificate of the Municipality indicating that the framework of the enterprise complies with the Municipal Zoning Law;

Copy of previous Environmental License if any;

Collection Guide (GR) of License cost;

Location of the development;

Sketch or hydraulic plant, pipelines are leading to industrial dumping, sanitary sewage, cooling water, rainwater, etc.