Decree No. 76.389 implementing Decree-Law No. 1.413 specifying controls to be carried out against industrial pollution

DECREE NO. 76.389, OF 3 OCTOBER 1975 Providing measures for prevention and control of industrial pollution, per Decree-Law No. 1.413, of 14 August 1975, and offering other measures. The President of the Republic, in use of the power vested in him by Article 81, section III of the Constitution, and in view of that set forth in Decree-Law No. 1.413, of 14 August 1975, DECREES: Art. 1. For purposes of this Decree, industrial pollution shall be considered any change in the physical, chemical or biological properties of the environment, caused by any form of energy or solid, liquid or gaseous substance, or a combination of elements emitted by industries, in levels which are directly or indirectly capable of: I - damaging the health, safety or welfare of the population; II - creating conditions which are adverse to social and economic activities; III - causing damage to flora, fauna and other natural resources. Art. 2. The agencies and organizations who handle government incentives, and especially the CDI, SUDENE, SUDAM and official banks, shall explicitly consider, during an analysis of projects, the various ways of implementing preventive measures relative to industrial pollution, in order to prevent making the situation worse in critical areas, whether it be in regard to the location of new businesses, the selection of a process, or the requirement of control methods or anti-pollution procedures in the projects approved. Art. 3. The Special Secretary for the Environment - SEMA an organization of the Ministry of the Interior, shall propose criteria, regulations and standards for the national territory, preferably with a regional base, with a view toward preventing and correcting the damaging effects of industrial pollution. Sole paragraph. When establishing the criteria, regulations and standards referenced above, the self-cleaning abilities of the water, soil and air shall be taken into consideration, as well as the need not to unduly hinder the economic and social growth of the country. Art. 4. The States and Municipalities, within the limits of their respective competencies, may establish conditions for the operation of companies, including conditions for the prevention or correction of industrial pollution and contamination of the environment, complying with the criteria, regulations and standards set forth by the Federal Government. Sole paragraph. Within the scope of the various levels of the Government, a view toward the progressive treatment of existing situations should always be taken, establishing reasonable terms for the adaptations to be made and, when necessary, providing the alternative of a new location, with support from the public sector. Art. 5. In addition to the penalties defined by state and municipal legislation, failure to comply with the required measures to prevent or correct the problems and damage of environmental pollution, shall subject violators: a) to a restriction on tax incentives and benefits granted by public authority; b) to a restriction on lines of financing at official credit institutions; c) to suspension of their activities. Sole paragraph. The penalty mentioned in letter c of the preceding article falls under the exclusive competence of the Federal Public Authority in the cases foreseen in Article 10 of this Decree. Art. 6. The suspension of activities foreseen in Article 5 of this Decree shall be considered and decided on by the President of the Republic, upon a proposal from the Ministry of the Interior, with input from the Ministry of Industry and Commerce. Sole paragraph. The Minister of the Interior shall consider the initiative proposals from SEMA as well as those from the states, once all of the other resources for resolution of the matter have been exhausted, always requiring the necessary technical grounds. Art. 7. In cases of grave or imminent risk to human life and economic resources, the Governors of the States, the Federal District and the territories may adopt emergency measures to reduce the industries' polluting activities, in compliance with the exclusive competence of the Federal Public Authority to decide on or cancel a suspension of operations by an industrial establishment, as provided in Article 2 of Decree-Law No. 1.413, of 14 August 1975. Art. 8. For purposes of Articles 3 and 4 of Decree-Law No. 1.413, of 14 August 1975, the areas reported by the II PND shall be considered critical pollution areas. They include: I - The metropolitan region of Sao Paulo; II - The metropolitan region of Rio de Janeiro; III - The metropolitan region of Belo Horizonte; IV - The metropolitan region of Recife; V - The metropolitan region of Salvador; VI - The metropolitan region of Porto Alegre; VII - The metropolitan region of Curitiba; VIII - The region of Cubatao; IX - The region of Volta Redonda; X - The hydrological basin of Mid- and Lower Tiete; XI - The hydrological basin of Paraiba do Sul; XII - The hydrological basin of Rio Jacui and the Guaiba estuary XIII - The hydrological basins of Pernambuco. Art. 9. It shall be up to the Secretary of Planning at the Office of the President of the Republic, through CNPU, to propose that within six months, basic industrial zoning directives be set, to be observed in the critical areas listed in Article 8 of this decree and in those areas which may be included in that list at a later date. Art. 10. The Ministers of Industry and Commerce, the Minister of the Interior and the Director of the Office of the Secretary of Planning at the Office of the President of the Republic shall provide, within sixty days, a list of activities that are considered to be of considerable interest to national security and development, in order to comply with that set forth in Articles 1 and 2 of Decree-Law no. 1.413, of 14 August 1975. Art. 11. Within ninety days, the Chief Minister at the Office of the Secretary of Planning at the Office of the President of the Republic and the Minister of Finance shall provide special financing programs intended to prevent and avoid the effects of pollution caused by industrial establishments, in accordance with the criteria to be established jointly with SEMA and the Ministry of Industry and Commerce. Art. 12. The Office of the Secretary of Industrial Technology, the Ministry of Industry and Commerce, along with SEMA and the Ministry of the Interior, with the support of IBGE, shall prepare a record of industrial establishments, in terms of their characteristics which are damaging to the environment and in terms of the pollution-fighting equipment that they own. Art. 13. The Ministry of Industry and Commerce, through the Office of the Secretary of Industrial Technology, shall establish a Technological Industrial Pollution Prevention Program, for the purpose of rendering services to assist industry. Art. 14. This Decree shall enter into force on the date of its publication, and any provisions to the contrary shall be revoked. Brasilia, 3 October 1975; 154th Year of Independence and 87th Year of the Republic. ERNESTO GEISEL Severo Fagundes Gomes Joao Paulo dos Reis Velloso Mauricio Rangel Reis