Between delays and challenges, Brazil still struggles to clean its own backyard and treat garbage properly

In the Capital of the Republic, there is the largest landfill in Latin America, whose activities were closed in 2018 after almost 60 years of operation. Located 15 kilometers from Palácio do Planalto, the site was the final destination of Brasília's waste and has now become a critical problem under the new Sanitation Law. The deadline for adapting to the new legal requirements is quickly running out, and the Urban Cleaning Secretariat is trying to dialogue with the other State Secretariats, which are looking for sustainable solutions for the Samambaia Sanitary Landfill, which will be exhausted in 2027. Meanwhile, the population place begins to question the promises of a sustainable future.

In July 2020, Brazil witnessed a milestone in environmental management with the promulgation of Law No. 14,026/2020, which came to reformulate the National Basic Sanitation Law (Law No. 11,445/2007). This new law established clear and urgent premises for Brazilian municipalities regarding the management of Urban Solid Waste, introducing strict guidelines for the collection, transportation, treatment, and especially the environmentally appropriate final disposal of solid waste. Municipalities were faced with the challenge of bidding on concession contracts lasting 30 years, categorically prohibiting the use of less formal management contracts, under the threat of liability for administrative improbity.

The emergence of this law occurs at a time of severe crisis in Brazil, which accumulates an annual expenditure of approximately R$5.5 billion on health treatments resulting from the inadequate disposal of urban waste. Currently, an alarming portion of approximately 39.5% of the total waste produced in the country is sent to landfills or controlled landfills, putting 2,100 municipalities at risk.

The new legislation also established deadlines for municipalities to adapt to the new requirements, extending the deadline for eliminating the use of dumps or controlled landfills, with variations depending on the size of the municipal population. With deadlines set until August 2, 2024, the objective is to ensure that all municipalities use landfills to dispose of waste only.

However, it is worrying to note that the goals set for 2024, as well as previous milestones already achieved since 2021, will not be achieved. This scenario, however, is not unprecedented. In 2010, the approval of the National Solid Waste Policy determined 2014 as the deadline for closing landfills, a target that was not met and subsequently postponed by Provisional Measure until 2018, which expired in the same year (2014) without fulfillment.

In addition to stipulating deadlines, Law No. 14,026/2020 highlights the importance of charging for waste management services, including new tariffs on treatments and other urban services, aiming to guarantee the economic and financial sustainability of the sanitation sector. Failure to comply with this determination could lead mayors to be held accountable for a crime of responsibility, while adequate financial management promises to attract significant investments, boosting savings of up to R$180 billion over 40 years by reducing costs in public health and environmental impacts, through the implementation of advanced waste treatment technologies, such as energy recovery plants, known as Waste-to-Energy plants, and Mechanical Biological Treatment plants.

These technologies, in addition to contributing to the reduction of greenhouse gas emissions and the contamination of drinking water sources, have the potential to contribute to public health, generate jobs and inject around R$180 billion in investments in Brazil in the next years. To this end, it is crucial to structure municipal concessions that allow investments to be amortized over 30 years and ensure the economic viability of these plants, as well as policies to encourage the commercialization or self-consumption of the energy generated.

The promulgation of the new legal framework for sanitation is an important advance for the country, requiring municipal and state managers to act responsibly and in line with the principles of environmental sustainability and public health. Failure to comply with the new guidelines can lead to legal and criminal consequences, highlighting the urgency of adapting to regulations for efficient and environmentally responsible management of urban solid waste.

This legislation not only directs Brazil towards better waste management, but also signals the need for a profound review of society's relationship with the environment, encouraging sustainable and responsible practices for future generations. Faced with the dilemma between the imposition of state penalties and the creation of encouraging public policies, and considering that 38 thousand people die annually due to precarious sanitation conditions, the adoption of both strategies is essential to overcome the challenges related to waste management in the country.

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Prof. Dr. Fabio Rubens Soares

Chemical Engineer from Oswaldo Cruz, PhD in Energy from UFABC and Post-Doctorate in Bioenergy from USP.