Blog Ecobraz Eigre
Legal Risks of Outsourced Disposal Without Proven Traceability
Introduction
Outsourced waste disposal, especially electronic waste, requires strict traceability control to ensure compliance with current legislation. The lack of adequate documentary proof can lead to significant legal risks for the manager responsible for the final destination.
Legal Basis for Waste Tracking
Law No. 12,305/2010 establishes the National Solid Waste Policy (PNRS), determining shared responsibility for the product life cycle, including proper and traceable management of electronic waste disposal. According to Article 33, environmentally appropriate disposal with control and documentary proof is mandatory.
Furthermore, Decree No. 7,404/2010 regulates technical aspects, requiring registration of electronic waste generators and operators with the National Information System on Solid Waste Management (SINIR), ensuring traceability of operations.
Legal Consequences of Disposal without Traceability
Non-compliance with the regulations may result in legal liability based on Article 54 of the PNRS, including administrative, civil, and criminal penalties. These include significant fines, facility embargoes, and in severe cases, legal proceedings for environmental damage, according to Articles 60 and 66 of Law No. 9,605/1998.
Moreover, the absence of documentary proof may compromise regulatory audits and compliance processes, directly impacting contracts and institutional credibility.
Importance of Outsourcing with Traceability Proof
When contracting outsourced services for electronic waste disposal, it is essential to require formal protocols such as the Certificate of Environmentally Appropriate Disposal (CDA), Tracking Report, and records in the Waste Transport Manifest (MTR). These documents guarantee the legality of the operation and allow complete process auditing.
It is recommended to constantly verify operators with state environmental agencies, such as CETESB, to ensure that the outsourced company is licensed and compliant.
Safe Disposal and Sanitization of Electronic Media
For waste containing storage media, sanitization processes stand out to ensure information elimination, mitigating legal risks associated with data breaches. The secure destruction procedure of hard drives and media must be performed by specialized companies, with documentary proof. For scheduling services related to safe disposal of electronic media, the appointment must be confirmed in advance.
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