Disposal Governance: Control Failures That Expose Companies to Million-Dollar Fines

Importance of Disposal Governance

Disposal governance is a critical component for organizations aiming for environmental compliance and regulatory risk mitigation. Failures in procedures and controls regarding improper disposal can result in significant financial penalties, in accordance with current regulations in Brazil.

Applicable Legislation and Risks Involving Improper Disposal

Incorrect waste management is regulated by federal and state standards, including Law No. 9,605/1998 (Environmental Crimes Law) and the National Information System on Solid Waste Management (SINIR), established by the National Solid Waste Policy (Law No. 12,305/2010). Non-compliance with these rules can lead to fines exceeding millions, based on the potential environmental damage caused.

Common Failures in Disposal Processes and Their Consequences

Among the most recurrent failures are the absence of proper documentation, non-compliance with segregation and packaging standards, as well as the lack of disposal chain of custody records. Insufficient training and internal audits also contribute to non-compliance risks.

These vulnerabilities increase exposure to fines by CETESB and competent environmental agencies, as indicated by the Environmental Technology Center, which monitors and supervises the compliance of environmental controls.

Specific Risks Related to Electronic Disposal

Incorrect electronic disposal, including equipment and digital media, requires special attention due to the presence of toxic components and the need to protect sensitive data. The adoption of rigorous processes for electronic waste collection and secure disposal is recommended to mitigate environmental and legal risks.

For the secure disposal of media such as hard drives, data destruction and sanitization of storage devices are essential practices, ensuring the integrity of digital governance and preventing information leaks.

Preventive Measures for Efficient Control

Establishing clear internal policies, continuous training, periodic audits, and automated monitoring are necessary measures. Hiring providers with recognized certification and compliance with PNRS is also recommended.

Adopting disposal governance according to the criteria outlined in current legislation significantly reduces the risk of fines and reputational damage, as advised by the Portal of the Chamber of Deputies and environmental agencies.