INDUSTRIAL SOLID WASTE MANAGEMENT IN BRAZIL AND THE BASEL CONVENTION GESTÃO

A Convencao de Basileia sobre o Controle de Movimentos Transfronteiricos de Residuos Solidos e Disposicao Final – CB, adotada internacionalmente em 1989 e no Brasil em 1993, estabelece o controle internacional de movimentos de residuos perigosos entre paises. Certos residuos industriais sao considerados perigosos e, portanto, utilizam a Convencao para movimentacao. O Brasil, signatario da CB, realiza gestao de seus residuos industriais e, quando necessario, pratica a movimentacao transfronteirica. Este artigo busca apresentar a legislacao brasileira para a internalizacao da Convencao e o cenario de gestao dos residuos solidos industriais no Brasil e, para alcancar este objetivo, os principios norteadores da CB serao mencionados. A metodologia utilizada compreende a analise de dados secundarios e, por consideracoes finais, tem-se o fortalecimento da CB pelas leis brasileiras e a consolidacao da gestao dos residuos industriais no Brasil.

the final consideration, it is proposed that the Basel Convention is strengthened by the Brazilian laws and the consolidation of industrial waste management in Brazil.

INTRODUCTION
T he Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal was adopted internationally during the 1990s, as a worldwide response to the need to control the disposal of waste movements between countries.This paper invites the reader to become acquainted with Brazil's position in relation to this document, and the mechanisms by which it is incorporated into the Brazilian legislation.It gives an overview of the national industrial solid waste management, bearing in mind that such practices are comparable to those applied in others countries with similar realities.The text demonstrates the objectives and methodology applied, followed by the guiding principles of the Basel Convention.It gives an introduction to the Brazilian industrial waste management scenario and its legislation, and to conclude, it exemplifies some of the lessons learned from the Brazilian experience regarding industrial waste management.This objective of this paper is to present the Brazilian industrial waste management scenario and the laws that allowed the internalization of the Basel Convention in the Brazilian territory.However, it is important to place the main characteristics of the Basel Convention in context, in order to fulfil the objective of this paper.The methodology used in this paper is analysis of secondary data.
Secondary data was obtained through electronic research sources that express the position of the Basel Convention signatory countries, as well as that of Brazilian sólidos industriales en Brasil, y para lograr este objetivo serán mencionados los principios norteadores de la CB.La metodología utilizada comprende el análisis de datos secundarios, y como consideraciones finales está el fortalecimiento de la CB por las leyes brasileñas y la consolidación de la gestión de los residuos industriales en Brasil.There is no doubt that industrial waste creates risks for humans and other life forms.The situation requires regulation of movements of wastes between countries 87 98 109 1110 .Contemporary society, and the massive waste production of its industries, have led to unacceptable levels of refuse on the planet.As a result, proper management is required, and the Basel Convention is a step in this direction in that it regulates the destination of waste, and where necessary, its movement and transportation 121 1.
During the 1980s, environmental laws in industrialized countries restricted the disposal of hazardous waste to within their own territories.Consequently, movements of such residues to poor countries, which still had no legislation in the area, became frequent 1312 .These movements generated pressure on governments and environmentalists to ban this trade, since the concern for its effects on human and environmental health in the receiving population were nonexistent.One of the results was regulation through an International Treaty (Martínez-Alier, 2007;Meyers and Anbarci, 2006).Another important result was the expression "not in my backyard" or Nimbi Principle (Barbalace, 2001).
In 1989, the year in which the Basel Convention was formed, 40 million tons of waste were transported as scrap and commercialized within the OECD - waste generation that take into consideration social technological and economic aspects; environmental health management of hazardous waste and its disposal (Mancini and Kagohara, 2007); internal measures to support the implementation of the convention; the possibility of moving wastes between member States and non-member States only under a cooperation agreement (Sanchez, 2006); the requirement that transboundary transport complies with international norms and standards on packaging, labelling and transport; and permission for transboundary movement of hazardous waste, provided the waste is needed for recycling and recovery industries within the importer's country 1817 (Fusel, et.al, 2001).
To endorse all its recommendations, the Basel Convention has an amendment called the Basel Protocol on liability and compensation for damage resulting from transboundary movements of hazardous waste (also referred to as the "Liability Protocol").
This is prescribed in its Article 12, which requires twenty ratifications for its validation.
The Basel Convention is based on national management plans, and aims to achieve the above-mentioned guidelines by 2010.The proposal and strategies were elaborated during the ninth meeting of the Conference of the Parties (COP9).
Management plans for 2010-2020 were discussed at the 9 th conference, which took place in Indonesia.These conferences aimed to reaffirm the fundamental principles of the Basel Convention, and to initiate the preparation of national plans for waste management in all the signatory countries by the next decade.
The plans were sent to the Secretariat of the Basel Convention, so that an international waste management plan could be drawn up, respecting national interests.National plans are important instruments for restricting illegal traffic of waste, which is the ultimate goal of the Basel Convention.These plans establish the concept of waste in each country, the rules on circulation, labelling procedures, and other aspects (Gerber, et. al, 2009).Two decades later, the Basel Convention has made some progress, but there are also some deadlocks.One successful result is that the transport of 400 million tons of hazardous wastes generated across the globe each year now has to be declared to the Secretariat of the Basel Convention (Agamathu, 2005;Taggart, 2006).However, conflicts and setbacks are also occurring, with countries refusing The table below shows the waste movements at the time Brazil adopted the Basel Convention.The table shows that trade between the countries before the Basel Convention was stronger and required regulation.Germany, the USA, and the Republic of Korea, for example, exported their waste thus Russia, France, and Canada received it.In this scenario, the Basel Convention is an important instrument for regulating movements of hazardous material between countries.When combined with national laws, it minimizes the impacts generated by final disposal of industrial waste, and prevents illegal trade in waste.
Below, a scenario is presented for industrial solid waste management, together with its regulatory legislation.The Environmental legislation, in Brazil, is an opportunity to promote environmental justice and allow trade between countries when the material is possibly used like raw material not being a waste (Yoshida and Terazono, 2010;Papu-Zamxakaa, 2010;Veiga, 2007;Acselrad, 2004).

MANAGEMENT AND LEGISLATION OF INDUSTRIAL SOLID WASTE IN BRAZIL
Industrial waste management in Brazil is partial.This is due to several reasons, including the lack of knowledge of specific waste disposal techniques and utilities, or the lack of attention to production processes (Yunchang et al., 2004;Kuo-shuh et al., 2005).
Industrial waste in Brazil is handled by third-party companies, which are responsible for the final disposal of the waste.In Brazil, there is no enterprise culture of industrial solid waste management, and little attention is given to treatment logistics and the final disposal of waste.
One consequence of the lack of waste management in industries is the lack of sites for disposal of solid industrial waste in Brazil (Mancini and Kagohara, 2007).
This scenario began to change in the last decade, when Brazilian environmental bodies started to play a more active role with the industrial sector 2221 , asking Brazilian entrepreneurs to provide statistics on their practices in the generation and treatment of waste 2322 .
This concerted effort led to an increase in the amount of official information  Basel Convention, and reinforced by the working group UNEP/CHW/OEWG/6/14 (Gulis et al., 2004;Karstensen et al., 2006).
The data also reveal information on the treatment and final disposal of waste within the Brazilian territory.Having quantified this volume, industries need to treat their industrial waste, through alternative forms, such as industrial landfills, co-processing and incineration.Sometimes it is possible to reuse or recycle these wastes.Treatment practices that use incineration, co-processing, recycling and reuse make up only 10% of total industrial waste generation (Abetre, 2012).
Another 5% is used as raw material or for energy in the manufacturing processes, a practice known as co-processing 2423 (Agrawal, 2004; Babu, et al., 2007).
The main obstacles to the application of these practices in Brazil are cost, and location of the treatment sites.Incinerators and co-processing plants are mainly located Southwest region.Therefore, transporting the waste from the North and Northwest regions is impracticable, due to the enormous size of the country (see map 2).Besides the environmental risks, transport also is more expensive than disposal in landfills.There is no doubt that the above-mentioned technologies could be extensively applied by Brazilian industries, provided the operational obstacles can be properly measured.
Map 2 -Co-processing sites in Brazil In terms of the Brazilian legislation on industrial solid waste, the first such law to be created was law 1,817/78 2524 , which was a result of the disaster that occurred in Cubatão in 1984, a situation that caused major environmental degradation and cost many human lives (Branco, 1984).Later, in 1988, the subject was added to the Federal Constitution 2625 .A lack of concern within the industrial sector, combined with delayed organization of laws in the country, lead to an absence of waste management in the industrial sector.However, when the Brazilian government signed the Basel Convention, in 1993, it became associated with an instrument that is considered important for regulating industrial waste movement in Brazil.This was the first step in reaching the goals proposed in the negotiations on movement of wastes.For this treaty to achieve success, national laws on the organization and control of waste management practices by the government are crucial.
Consolidated international policies, like the Basel Convention, gave countries the legal powers to accept or refuse the entry of industrial waste from other countries.
When the Brazilian government signed the Basel Convention and incorporated it into its national legislation, it was opting to restrict waste movements that turn countries into dumping grounds for contaminated waste from other countries.
But this mechanism alone is insufficient.It was also necessary to implement the Basel Convention in the legal sphere, within Brazilian institutions.
Decree 875/93 was the first reference to the Basel Convention in Brazil.It promulgates the text of the convention within the national territory, and confirms that all areas subject to Brazilian jurisdiction must comply with the convention.
Brazil was one of the first signatory countries to issue a decree on the subject.Convention by obliging the industrial sector to manage its own waste.These new Brazilian rules will create more statistics and control within the country, generating information and guaranteeing control of waste movements.
From the Brazilian experience, it is important to emphasize that that the regulatory instruments created within the territory strengthen the international treaty, creating rules for Brazilian industries to search for better industrial waste management practices.A case in point is the industries in Cubatão, in the State of São Paulo, in the 1980s, which had no management schemes for industrial waste.
That disaster that took place there exposed communities and the environment to risks.At an international level, national regulatory mechanisms demonstrate the Brazilian position of pro-cohibition of illegal hazardous waste, which is in line with the objectives of the Basel Convention.There have been many dangerous and unfortunate experiences around the world related to illegal waste movements, involving products from persistent organic pollutants to electronics.This must be avoided at all costs, as it places human lives and the environment at risk, and undermines the objectives of the Basel Convention.Despite the difficulties in enforcement, transportation and final disposal of industrial waste in Brazil, and other late industrialized countries, are expected to cause less environmental impact in future.The Basel Convention aims to promote the control of hazardous waste movements and avoid transference of problems between countries.In Brazil, we can say that these conditions have been met.Nevertheless, we still have much to learn if total enforcement is to become a reality.

CONCLUSION
to report transport, and some countries that have not yet signed up to the Basel Convention 2019 .When the Brazilian government signed up to the Basel Convention in 1993, it became part of an instrument that regulates waste movement based on the principle of prior consent.This instrument aims to stop the illicit transport of wastes, and step up international cooperation for adequate governance, as stated in the first article, paragraph one of Decree 875/93, which promulgates the Brazil Convention(Kempel, 2004) 2120.

Map 1 -
Industrial landfills in Brazil These sites for final disposal provide information that enables us to pinpoint part of the residue generated within the Brazilian territory.This information also allows Brazil to inform the Basel Convention secretariat of its industrial waste generation scenario.Data gathering allows the Brazilian government to request financial support from the Basel Convention reserve fund, for training, control and enforcement of good management in its industries.Final industrial waste disposal and treatment technologies can use the Compensation Protocol as an instrument, foreseen in the 24 23 �urther information on practices of the Brazilian industrial sector involving clean tech� nologies, recycling and reuse can be found at �ETESB.See: ��MPANH�A AMB�ENTAL D� ESTAD� DE SÃ� PAUL�.Guias de produção mais limpa para setores produtivos.São Paulo: 2010.[http://���.cetesb.sp.gov.br/tecnologia�ambiental/Produ??o�e��onsumo� Sustent?vel/11�Documentos].Accessed on: January 30, 2013.
Solid waste management in Brazil is a great challenge.Brazilian industries need to apply treatment technologies to avoid final disposal costs or unnecessary waste generation.The Basel Convention regulates the waste trade.However, it is the duty of the Brazilian government to enforce the process to ensure that wastes exported and imported in the Brazilian territory are, in fact, destined for use as raw material.The meetings of the Conference of the Parties reinforced the importance of all the signatory countries imposing Transboundary waste movement control within the national territory.The Brazilian public must also be involved in ensuring the adoption of clean technologies and compliance with the legislation.Brazilian industries are regulated in relation to their waste management, under the abovementioned legislation.Brazil will face further challenges when the Compensation Protocol comes into force.This protocol further restricts transportation of waste, and reinforces the need for strong national articulation, in order to effectively internalize the convention.Brazil has yet to sign up to this protocol.It also faces the challenge of creating laws and enforcement procedures related to its commitments under the Basel Convention.The Brazilian experience has shown that consolidation of the Basel Convention at an international level depends on the creation of national laws associated with it.Moreover, inspection and official databases are indispensable as part of the process of ensuring the regulatory mechanisms are implemented.

Management Policy Group:Working Paper, number
Organization for Economic Cooperation and Development1413.In that same year, the final cost of disposing of one ton of industrial waste was between US$ 100 3, for the 37th.Meeting � March, 1993.< http://ban.org/library/lipman.html#fn2 > Accessed on March 2, 2013.15 14 UN�TED NAT��NS ENV���NMENT P��G�AM.UNEP.
and US$ 2000 in OCDE countries (United States, Canada, Western Europe, Japan), and between US$ 2.50 and US$ 50 in Africa 1514 .It is estimated that in 1990, 400 million metric tons of hazardous waste were generated worldwide.Over ninety percent of this waste originated in countries belonging to the OECD 1615 .Initial efforts in the search for this instrument began in 1981, under the United Nations Environmental Programme -UNEP, in a meeting with legislation specialists in Montevideo, Uruguay.In 1989, at the Plenipotentiary Conference, a world reference document was born, known as the Basel Convention.This instrument was the result of an international effort to regulate movements of environmentally hazardous wastes.It has 179 parties and 53 signatories1716 (Tsimplis, 2004; Kamuk   and Hansen, 2007).The commitments of the Basel Convention are: the need for prior consent, in writing, of the importing country; the adoption of measures to minimize 13 12 KU��SHUH, �an, Tien �hin �hang, Shih�Piao Ni, �hing�H�a Lee.Transboundary hazard� ous �aste management.Part �: �aste management policy of importing countries.Waste Management & Research.2005, 23, 505 � 513.14 13 �E�D, Waste
available on industrial waste management in the country.Official reports like the National Sanitation Survey(PNSB, 2000)and the Sustainable Development Indicators(IDS, 2004)are included in databases on industrial waste.But, even Brazil has preliminary diagnostics of final disposal and treatment for industrial solid waste.The PNSB presents information about waste management control for only 674 municipalities out of a total of 5564 municipalities.It is essential to create more official statistics in Brazil on industrial waste, in order to understand and effectively intervene in ways that will ensure effective waste management.The official statistics in Brazil do not demonstrate the real quantitative generation and treatment of industrial waste.Map 1 shows landfills available for industrial waste disposal.�NAMA: See: ��NSELH� NA���NAL D� ME�� AMB�ENTE.�esolução 313/02 Dispõe sobre inventário nacional de resíduos industriais.Resoluções do Conselho Nacional do Meio Ambiente.Brasília: Ministério do Meio Ambiente, 2012.

os objetivos e as diretrizes para o desenvolvimen- to industrial metropolitano e disciplina o zoneamento industrial, a localização, a classificação e o licenciamento de estabelecimentos industriais na Região Metro- politana da Grande São Paulo.
25 24 La� 1.817/78.Establishes objectives and guidelines for industrial development and gov� erns industrial zoning, localization, classification and licensing for industrial establishments in the Grande São Paulo Metropolitan Region.It is the first instrument related to this topic.See: LAW 1,817/78.Estabelece São Paulo: 1978.[http://licenciamento.cetesb.sp.gov.br/legislacao/estadual/leis/1978_Lei_Est_1817.pdf].Accessed on 01/29/2012.26 25 The first mention of solid waste management at national level, in Brazil, was the Brazilian �ederal �onstitution of 1988, article 225, 3rd paragraph, �hich states that activities consid� ered damaging to the environment �ill incur criminal and administrative sanctions for the legal entity or individual concerned, and the obligation to repair any damages caused.Decree 5,098/04 followed, which details the National Plan for Prevention and Immediate Response to Accidents involving Hazardous Chemical Products.This instrument allows all federal units to act in the event of a transportation accident within the national territory, in order to protect the population and the environment from further damage.The first legislation in Brazil to demonstrate the principle of "polluter-payer" was Environ� mental Policy La� 6,938/1981, before Brazil became a signatory of the Basel �onvention.This principle emerged from the �ubatão case, in the State of São Paulo, in �hich many people died due to environmental pollution.The adoption of other la�s reinforces the need for control and management.Basel Convention, in which the national inventory definition of waste must be respected in a request for waste movement, in response to decisions taken at the COP9.Topics presented in this standard will certainly be useful as inspiration for legislation in other countries.Brazil approved the National Policy for Solid Waste 2827 .The National Law on waste management, 12,305/10 2928 , reinforces other legal instruments that cover this topic.Articles 37 to 41 describe the rules for the generation, treatment, and final disposal of hazardous wastes.The national law reinforces the Basel See: ��NST�TU�ÇÃ� DA �EPÚBL��A �EDE�AT�VA D� B�AS�L.Brasil: 1988.[http://���.planal�to.gov.br/ccivil_03/constituicao /constitui%�3%A7ao.htm].Accessed on 01/27/2013.