What are the conditions of Environmental Licensing?

The conditions are commitments that the entrepreneur has made to the environmental agency during the project licensing process. They are described in the environmental licenses.

Learn more about environmental licensing .

The technical requirements for licensing are based on the information that has been submitted to the environmental agency, one of which is environmental studies.

Depending on the type of project, the studies can be simpler or more complex.

More complex and comprehensive studies for projects with a high potential for environmental impact must be licensed through environmental impact studies, such as the EIA/RIMA, with CONAMA Resolution No. 1 of 1986 establishing the projects subject to this study.

Based on the information provided to the agency, an environmental license will be issued, which will contain the methods for controlling and preventing environmental impacts, through the license's conditions.

Let's divide the conditioning factors into two groups: generic and specific conditioning factors.

Generic conditions are those applicable to all licensed projects and are generally associated with administrative regulations.

Specific requirements are related to the activity of the enterprise, such as: quality standards for atmospheric emissions and effluents, management of hazardous solid waste, monitoring of water bodies, among others.

The specific conditions depend on each identified environmental aspect and its control through the requirements requested in the condition.

What happens if the licensing conditions are not met?

This could ultimately constitute an environmental crime, as defined by Law 9.605 of 1998 (Environmental Crimes) , which can range from a warning to a fine and the embargo of the project with the revocation of the environmental license.

That's why it's so important that the conditions are constantly monitored by the company to ensure they are met.

Companies certified under the ISO 14001 standard have, within their management system, the control of compliance with the conditions of environmental licensing.

In this case, failure to meet a condition should be treated as a non-conformity, and a corrective action should be initiated to address this issue.

Therefore, it is essential to understand what the environmental agency is requesting, as well as knowing how to comply.

It is very important to establish harmonious and transparent communication with the licensing body, submitting proof of compliance with the conditions within the established deadline or justifying non-compliance and requesting a new deadline for submission.