A cross-sectional analysis of Brazil’s effluent discharge regulation

Abstract

From a regulation based only on command and control instruments, applied up to the 1970s, Brazilian environmental policy switched to a more preventive approach in the 1980s, and finally became, at least in conception, an integrated environmental policy in the 1990s. The target of this new policy is the use of environmental management policies and economic-based instruments. Law 9433 (enacted in 1997), which focused on water management, incorporated this issue by defining the hydrographic basin as a unit for environmental planning, considering the multiple uses of water resources. However, almost 10 years after this law took effect, Brazil's policy has in many ways regressed to the command and control instruments that prevailed in the 1970s. An example of this is the revision of the code that defines water quality standards and effluent limits. This revision established fixed limits for effluent discharges, thus making no distinction between these discharges according to the related activity or technology. It did not consider the carrying capacity of the water bodies that will receive the discharges, and is not linked to the other instruments set forth in Law 9433 (e.g., economic-based instruments). This might reduce the efficacy of the instruments and generate diseconomies for public and private agents. To contribute to a new revision of Brazilian water codes, this paper presents a crosssectional analysis comparing the Brazilian water regulation to those applied in France (whose water regulation inspired the Brazilian model) and the United States. Effluent discharge regulation is emphasized in this comparison, along with water quality standards. Finally, the comparison also analyzes how the regulation of effluent discharges is incorporated in the water management policy of these countries.

Water resources management: suggestions to the Brazilian model based on the American experience

“…Nine years later, in 1997, after wide-ranging debates, the Brazilian Congress passed Law 9433, which established the National Water Resources Policy and created the National Water Resource Management System. Many changes were introduced at the institutional and policy levels [2]. The law defined the river basin as the territorial unit for water resources planning, breaking theoretically with the political-administrative division of the states.…”

“…Under CONAMA Resolution 357/2005, thirteen water classes were established: five for fresh water, four for brackish water and four for saline water [2]. Each class was defined according to the water quality required for the water body to comply with its designated use.…”

“…The resolution also defined water quality standards (WQS) to be achieved and/or maintained in each water body segment. [2]. Each class was defined according to the water quality required for the water body to comply with its designated use.…”

“…Among these was the classification of water bodies according to their main uses, aiming to establish mandatory water quality targets and the time frames for their achievement. The categories and environmental guidelines for classifying surface water bodies were defined in subsequent regulations, issued by means of Resolution 357, issued in 2005 by the National Environmental Council (CONAMA), which also established the conditions and standards for discharge of effluents [2]. However, these standards for discharge failed to consider the various types of discharging industries and the support capacity of the particular water bodies [2].…”

“…The categories and environmental guidelines for classifying surface water bodies were defined in subsequent regulations, issued by means of Resolution 357, issued in 2005 by the National Environmental Council (CONAMA), which also established the conditions and standards for discharge of effluents [2]. However, these standards for discharge failed to consider the various types of discharging industries and the support capacity of the particular water bodies [2]. Because of these failings, various criticisms were made, prompting CONAMA to issue Resolution 397 in 2008.…”