Decree-Law No. 1.413 establishing controls to be carried out on industrial pollution

DECREE-LAW NO. 1.413 - OF 14 AUGUST 1975 Provisions on control of environmental pollution caused by industrial activities. The President of the Republic, by the power vested in him by Article 55, item I, and in view of that set forth in Article 8, item XVII, paragraph "c" of the Constitution, DECREES: Art. 1. Industries set up or to be set up in the national territory are required to take the necessary measures to prevent or correct damage and hazards of pollution and contamination of the environment. Sole paragraph. The measures to which this article refers shall be defined by the competent federal organizations, in the interest of the welfare, health and safety of the people. Art. 2. The Federal Executive Power shall be the exclusive competent party in cases of non-compliance with that set forth in Article 1 of this Decree-Law, to determine or cancel the suspension of operations by the industrial establishment whose activity may be considered highly significant to national development and safety. Art. 3. As part of a preventive policy, the organizations that handle government incentives shall always take into consideration the necessity of not aggravating the situation in areas that are already critical, when making decisions on the location of industrial installations. Art. 4. In critical areas, an urban zoning program shall be adopted, with the goal, including for existing situations, of coming up with appropriate viable alternatives for other locations, in the most serious cases, as well as, in general, establishing reasonable terms for the installation of pollution control equipment. Sole paragraph. For purposes of the necessary adjustments, the Government shall lend its support on various levels, including special financing for the purchase of control devices. Art. 5. With regard to that set forth in the previous articles, the States and Municipalities may establish, within the limits of their respective competencies, conditions for the operation of companies in accordance with the measures provided in the sole paragraph of Article 1. Art. 6. This Decree-Law shall enter into force on the date of its publication, and any provisions to the contrary shall be revoked. Brasilia, 14 August 1975; 154th Year of Independence and 87th Year of the Republic. ERNESTO GEISEL Armando Falcao Geraldo Azevedo Henning Sylvio Frota Antonio Francisco de Azeredo da Silveira Mario Henrique Simonsen Dyrceu Araujo Nogueira Alysson Paulinelli Ney Braga Arnaldo Prieto J. Araripe Macedo Paulo de Almeida Machado Severo Fagundes Gomes Shigeaki Ueki Joao Paulo dos Reis Velloso Mauricio Rangel Reis Euclides Quandt de Oliveira Hugo de Andrade Abreu Golbery do Couto e Silva Joao Baptista de Oliveira Figueiredo Antonio Jorge Correa L.G. do Nascimento e Silva EFFECTIVE-DATE: 08/14/1975