Application of National Policy at local level: an analyses of urban solid waste management regulation in Brazil

In 2010, after almost twenty years of negotiations and studies, Brazil published its National Policy on Urban Solid Waste Management, in support or complementation to the Basic Sanitation Law. The main objective of this law... [ view full abstract ]

In 2010, after almost twenty years of negotiations and studies, Brazil published its National Policy on Urban Solid Waste Management, in support or complementation to the Basic Sanitation Law. The main objective of this law was to guide the municipal action over its 5.570 municipalities, since these territorialities are responsible for the urban solid waste management. The inadequate management of the urban solid waste causes environmental, social and economical problems. Even though, the first determination was that, until 2014, municipalities must to transform the so-called “lixões” (inappropriate locals utilized as dumping grounds) in sanitary landfills, almost seven years after this publication, the situation is still critical in Brazil and further negotiations stipulated a new deadline: 2021.  Bahia, the third biggest state in Brazil, is an example of this issue. Studies conducted by the Urban Development Secretary of Bahia State show that, until 2016, just 5,28% of its municipalities had implemented sanitary landfills. The aim of this research is to analyze this reality trying to answer the question: how did the municipalities of São Francisco Hydrographic Bay in Bahia State implement the National Policy on urban solid waste management between 2013 and 2016?  This region comprehends 56 municipalities (13% of the total of Bahia municipalities) and it is part of one of the most important hydrographic bay in the country. The study was executed through document analyses, field camp research and interviews with technicians and managements. The results show a strong gap between the national urban solid waste management law requirements and its compliance by the municipalities. The urban solid waste continues being disposal in inappropriate locals in a 100% of the 56 municipalities studied, with huge impact in the environment: soil and water pollution, methane emission with negative contribution to climate change (without using the potential of biogas to generate energy), health and social negative impacts, etc. None of the 56 municipalities had been notified or punish by federal or state control in order to solve this issue. Besides that, there was a complete absence of municipal plans to change its reality. The main cause of this phenomenon is the lack of technical, administrative and financial capacities of the municipalities to deal with this issue.  Very few municipalities have specific environmental strategies to face the reality. Finally, it is possible to conclude that it is necessary a complete reformulation of the governance and capacity building process to allow the municipalities to comply with the 2010 national urban solid waste law until 2021.