Licenciamento ambiental de indústria de fabricação de plástico de pequeno porte: um estudo comparativo entre os procedimentos administrativos dos municípios de lauro de freitas e salvador

Abstract

According to Brazilian Institute of Environment and Renewable Natural Resources -2002, there is a difference among the Federal District and the Brazilian states, in conditions of implantation of their systems of environment licensing. From this point of view, appeared the following question: are there differences among cities in the same State? In order to bring clarity to this issue and highlight areas for improvement that will bring changes that will add value to the environmental protection of municipalities, this article conducts a comparative study of the licensing procedures for a small plastic packaging industry among the municipalities of Lauro de Freitas and Salvador, both located in state of Bahia. The resolution CONAMA nº 237/1997 and the Complementary Law nº140/2011 establish the competencies of licensing among the Union, the States and Federal District and the cities. In addition, the complementary law states devices of cooperation between the states and cities. These devices are used in Bahia by the Shared Environmental Management Program (GAC), which allows municipalities to become capable of licensing enterprises and activities of local impact, such us Lauro de Freitas and Salvador. From documentary bibliographic and field research, the similarities and differences among the procedures for environmental licensing adopted by these two municipalities were verified. The significant differences occur in the assortment of the project and in some documents required by the Salvador environmental agency, such as the documents associated to the final destination/disposal of solid waste. It was verified that the majority of documentation required by both the cities are similar, and the differences derive fundamentally from the fact that the Integrated Environmental Policy of the Lauro de Freitas Municipality, Law nº 1.361 of November of 2009, is outdated comparing to state and federal legislations. Furthermore, this Policy doesn’t adopt ways to ensure, since the opening of licensing process, that the enterprise has necessary structures for the environmental preservation.