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 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.