Resolution Conama No. 5 regulating the treatment of solid residues

Resolution No. 5 of 5 August 1993 The National Environmental Council (CONAMA), by virtue of the authority vested therein pursuant to Law No. 6.938 of 31 August 1981, as amended by Laws No. 7.804 of 18 July 1989 and 8.028 of 12 April 1990, and regulated by Decree No. 99.274 of 6 June 1990, and in the Internal Regulation approved by CONAMA Resolution No. 025 of 3 December 1986; In consideration of the ruling contained in Article 3 of CONAMA Resolution No. 006 of 19 September 1991, relating to the definition of minimum norms for the treatment of solid waste originating from health facilities, ports and airports, as well as the need to extend such requirements to rail and bus terminals; In consideration of the need to define minimum procedures for the management of such waste, with a view to preserving public health and environmental quality; and In consideration, finally, that preventive actions are less onerous and minimize the harm to public health and the environment, resolves as follows: Article 1. For purposes of this Resolution, the following definitions shall apply: I -- Solid Waste: pursuant to NBR No. 10.004 of the Brazilian Association for Technical Norms (ABNT) -- "Waste in solid and semi-solid state resulting from the activities of the community of origin: industrial, domestic, hospital, commercial, agricultural, services and street-cleaning. Included in this definition is all residue originating from water treatment systems, waste generated in pollution control equipment and facilities, as well as specific liquids, the features of which make their deposit into the public drainage network or bodies of water infeasible, or which to this end require solutions that are technically and economically infeasible, given the best available technology;" II -- Solid Waste Management Plan: document comprising the environmental licensing process, which identifies and describes activities relating to the handling of solid waste, within the scope of the establishments mentioned in Article 2 of this Resolution, containing aspects relating to generation, separation, packaging, collection, storage, transport, treatment and final disposal, as well as the protection of public health; III -- Solid Waste Treatment System: combination of units, processes and procedures that change the physical, chemical or biological specifications of the waste and which lead to minimizing the risk to public health and environmental quality; IV -- Final Solid Waste Disposal System: combination of units, processes and procedures aimed at the disposal of waste in the soil, ensuring the protection of public health and environmental quality. Article 2. This Resolution shall apply to solid waste generated in ports, airports, rail and bus terminals and establishments that provide health services. Article 3. For purposes of this Resolution, the solid waste generated in the establishments to which Article 2 refers shall be classified in accordance with Annex I of this Resolution. Article 4. The establishments mentioned above shall be responsible for managing their solid waste, from generation to final disposal, in order to satisfy the environmental and public health requirements. Article 5. The management of the establishments mentioned in Article 2, either in operation or to be implemented, must present a Solid Waste Management Plan to be submitted for approval by the environmental and health bodies within their respective spheres of jurisdiction, in accordance with current law. 1. In preparing the Solid Waste Management Plan, principles relating to recycling, as well as to integrated or joint solutions for the treatment and final disposal system, must be taken into consideration, in accordance with the guidelines established by the environmental and health bodies with jurisdiction. 2. The environmental and health bodies shall jointly define criteria for determining which establishments shall be required to submit the plan requested in this article. 3. The bodies comprising the National Environmental System (SISNAMA) shall define and establish, in their respective spheres of jurisdiction, the means and operating procedures to be applied for proper management of the waste to which this Resolution refers. Article 6. The establishments listed in Article 2 shall have a head technician, duly registered on a professional council, for proper management of the solid waste generated as a result of their activities. Article 7. The solid waste shall be appropriately packaged, in accordance with applicable ABNT norms and other current legal provisions. 1. The solid waste belonging to Group "A", Annex I of this Resolution shall be packaged in plastic sacks marked with the symbol for infectious substances. 2. In the event that the waste mentioned in the preceding paragraph contains other perforating or cutting substances, these shall first be packaged in a closed, rigid container, sealed and identified by the symbol for infectious substances. Article 8. The solid waste covered by this Resolution shall be transported in appropriate vehicles, consistent with the characteristics of the waste, in accordance with the requirements for protection of the environment and public health. Article 9. The implementation of solid waste treatment and final disposal systems shall be contingent upon licensing by the environmental body with jurisdiction, in accordance with current norms. Article 10. Solid waste belonging to the "A" group may not be discharged into the environment without prior treatment to ensure the following: a) elimination of the hazardous features of the waste; b) preservation of natural resources; and c) satisfaction of environmental quality and public health standards. Sole Paragraph -- Sanitary landfills implemented and operated in accordance with current technical norms must define specific systems in their environmental licenses that make it possible to dispose of solid waste falling under group "A". Article 11. Among the alternatives capable of being used for treating solid waste in group "A", with the exception of the specific conditions for the use and operation of each technology, and given the current stage of technological development, sterilization by steam or incineration is recommended. 1. Other treatment processes may be adopted, provided that they satisfy the provisions contained in Article 10 of this Resolution and have been approved in advance by the environmental and health body with jurisdiction. 2. After treatment, the solid waste belonging to group "A" shall be considered as being "common waste" (group "D"), for purposes of final disposal. 3. Solid waste belonging to group "A" may not be recycled. Article 12. Solid waste belonging to group "B" must be subject to specific treatment and final disposal, in accordance with its toxicity, flammability, corrosiveness and reactivity specifications, according to the requirements of the environmental body with jurisdiction. Article 13. Solid waste classified and considered as being radioactive waste falling under group "C", Annex I of this Resolution shall be subject to the requirements defined by the National Nuclear Energy Council (CNEN). Article 14. Solid waste belonging to group "D" shall be collected by the municipal urban cleaning body and shall be subject to treatment and final disposal similar to that established for household waste, provided that the conditions for protection of the environment and public health are met. Article 15. In the absence of proper separation of the solid waste, it shall be considered, in its entirety, as belonging to group "A", except for solid waste belonging to groups "B" and "C" which, because of their specific features, must be separated from waste classified otherwise. Article 16. Common waste (group "D") generated in the establishments listed in Article 2, deriving from endemic areas defined by the public health authorities with jurisdiction, shall be considered as belonging to group "A" for purposes of handling and treatment. Article 17. The treatment and final disposal of generated waste shall be controlled and monitored by the environmental, public health and health oversight bodies with jurisdiction, in accordance with current law. Article 18. "In natura" food remains may not be intended for animal feed, if originating from the establishments listed in Article 2, or from the endemic areas to which Article 16 of this Resolution refers. Article 19. The atmospheric emissions standards for solid waste treatment processes covered by this Resolution shall be defined within the scope of the PRONAR (National Air Control and Quality Program), within a period of 180 (one hundred eighty) days from the publication date of this Resolution, and with those standards that are already established and in force to remain so. Article 20. Loads intended for destruction which are considered as being waste, for purposes of treatment and final disposal, and which are present in public and private terminals, shall conform to the provisions contained in CONAMA Resolution No. 002 of 22 August 1991. Article 21. The environmental control and health bodies with jurisdiction, primarily those participating in the SISNAMA (National Environmental System), shall be responsible for applying this Resolution, and shall be responsible for monitoring and the enforcement of penalties as provided for in the applicable law, including measures involving the prohibition of activities. Article 22. The state environmental bodies, with the participation of the State Health Secretariats and other interested institutions, including non-governmental organizations, shall coordinate programs with a view to applying this Resolution and ensuring its complete fulfillment. Article 23. This Resolution shall enter into force on its publication date. Article 24. All provisions to the contrary shall be revoked, specifically items I, V, VI, VII and VIII of MINTER Administrative Decree No. 013 of 1 March 1979. Humberto Cavalcante Lacerda Fernando Coutinho Jorge Secretary -- Acting Chief Executive Officer Annex I. Classification of Solid Waste Group A: waste representing a potential risk to public health and the environment due to the presence of biological agents. This group includes the following: blood and blood derivatives; animals used in experimentation, as well as materials which may have entered into contact therewith; excretions, secretions and organic liquids; culture media; bandages; organs, fetuses and anatomical parts; aspirated gas filters for contaminated areas; waste originating from quarantine areas; food remains from quarantine areas; laboratory waste from clinical analyses; waste from ambulance service units; waste from internment unit restrooms and dead animals on board transport facilities, which are covered by this Resolution. This group includes perforating and cutting objects capable of causing punctures or cuts, such as razor blades, bistouries, needles, scalpels, broken glass, etc. originating from establishments that provide health services. Group B: waste that presents a potential risk to public health and the environment because of its chemical characteristics. This group includes the following: a) chemotherapy drugs and products contaminated thereby; b) pharmaceutical waste (expired, contaminated, prohibited or unused medicines); and c) other products considered as being hazardous, pursuant to the NBR 10004 classification of the ABNT (toxic, corrosive, flammable and reactive). Group C: radioactive waste: this group includes radioactive materials or those contaminated with radionucleides, originating from clinical analysis laboratories, nuclear and radiotherapy medicine, pursuant to CNEN Resolution 6.05 Group D: common waste includes all other types not falling within the groups described above. (Of. No. 338/93) EFFECTIVE-DATE: 08/05/1993