Electronic Waste Disposal: Common Mistakes that Lead to Fines

Legal Framework for the Disposal of Electronic Waste

The improper disposal of electronic waste is subject to current environmental legislation, such as Law No. 12.305/2010 (National Solid Waste Policy) and Decree No. 10.936/2022, which regulate the handling and final disposal of these materials. Failure to comply can lead to administrative fines and sanctions provided for in article 66 of the aforementioned law.

Main Mistakes in the Disposal of Electronic Waste

One common mistake is disposal at unauthorized collection sites, which violates article 33 of the PNRS and can be easily avoided by scheduling electronic waste collection. In addition, the absence of tax documentation and control of the final destination compromises traceability, violating legal requirements.

Another recurring mistake is improper contact with waste containing sensitive data. Failure to sanitize magnetic and solid-state devices, such as HDDs and SSDs, goes against information security protocols established by the Ministry of Justice and current legislation, and can be remedied through the correct process of safe disposal of hard drives.

Legal and Financial Consequences

Fines can vary according to the seriousness of the infraction, and are provided for in article 66 of the PNRS and in the related rules of the Brazilian Institute for the Environment and Renewable Natural Resources (IBAMA). In addition to the obligation to collect and dispose of waste properly, it is essential to comply with transport, storage and treatment conditions.

Good Practices to Avoid Penalties

To mitigate risks, it is recommended to adopt procedures in line with the legislation, including hiring specialized services and proving proper disposal by means of tax and environmental certificates. Scheduling official electronic waste collection ensures legal compliance and environmental protection.

The physical and digital decontamination of devices must be carried out in accordance with current cybersecurity regulations, respecting standards defined in official documents from NIST and other responsible bodies.