Proper management of municipal solid waste is one of the main regulatory and operational challenges faced by Brazilian municipalities. Although Federal Law No. 12,305/2010, which established the National Solid Waste Policy (“PNRS”), set forth foundational principles for waste management, the practical implementation of some of its guidelines still depends largely on specific regulations.
The PNRS provides that the duty to manage certain wastes resulting from productive activities lies with the generating firm itself, which must plan its waste management through the preparation of a Solid Waste Management Plan (PGRS).
On the other hand, municipal solid waste (comprised of household waste and urban cleaning waste) is known to be managed by municipal or district public urban cleaning services.
Commercial businesses and service providers constitute a specific category of generators for whom the obligation of individual management depends on whether the quantity, volume, or nature of the waste generated exceeds thresholds defined by the legislation of the municipality in which they are located.
In this regard, article 20 of the PNRS provides that commercial establishments and service providers generating waste not classified as household waste, pursuant to municipal public authority guidelines, are subject to the preparation of a PGRS. Therefore, within this context of non‑classification, Large Generators of solid waste are identified—a category that may include restaurants, supermarkets, hospitals, shopping centers, schools, industries, hotels, bars, and various other enterprises.
In summary, Large Generators produce significantly higher volumes of waste than individual residents and, therefore, even when they do not generate hazardous or industrial waste, they must plan their waste management individually, independently of the municipal urban cleaning service. Thus, the identification of a Large Generator is extremely important as a corollary of the polluter-pays principle, ensuring that the enterprise internalizes the cost of environmentally adequate management of the waste it produces, without shifting the burden to the municipal government and society.
However, despite the PNRS provisions, many Brazilian municipalities have not established rules to classify, identify, and assign responsibilities to local Large Generators. This regulatory gap often results in situations where waste generated by business activities ends up being collected by the public urban cleaning service, generating operational distortions in municipal waste management.
In this context, the draft Resolution of the National Environmental Council (Conama), currently under public consultation for contributions until April 22, 2026, plays a key role by proposing national guidelines for municipalities to regulate Large Solid Waste Generators.
As a result, the Conama draft aims to impose a concrete obligation upon Brazilian municipalities, by setting a one‑year deadline for them to regulate the activities of Large Generators, considering local and regional specificities regarding population, income, territory, and environmental characteristics. These regulations should include general guidelines such as defining volume thresholds that characterize a Large Generator; establishing the obligation to prepare solid waste management plans; and promoting instruments for the inspection and monitoring of Large Generators’ activities.
Naturally, potential Large Generators—such as commercial establishments and service providers—are expected to be promptly affected by local regulations requiring more rigorous control measures regarding solid waste management. This may lead to the need for revising internal environmental compliance processes, including municipal environmental registrations. Additionally, the preparation and updating of the PGRS by Large Generators, even when not subject to environmental licensing, may become a concrete requirement, subject to systematic inspection and potential penalties.
It is worth noting that several municipalities already have legislation addressing rules for Large Generators, occasionally including mandatory registrations, such as in São Paulo/SP (Municipal Law No. 13.478/2002). Nevertheless, the Conama draft resolution introduces additional guidelines to be incorporated in such legislation.
From an environmental standpoint, the progressive regulation of Large Generators encourages more efficient practices within the environmental waste management chain, as it strengthens equitable and joint distribution of obligations related to the collection and environmentally sound final disposal of materials. Thus, the initiative under discussion represents an important step toward aligning municipal practice with the foundational principles of the PNRS, reinforcing shared responsibility throughout the product life cycle and promoting greater efficiency, transparency, and sustainability in solid waste management in the country.
Interested parties have until April 22 to participate in the Conama public consultation on Large Waste Generators
Daniela Ferreira da Mota
Advogada | Lawyer
Ambiente e Sustentabilidade, Resíduos e Saneamento | Environment and Sustainability, Waste and Sanitation
Rafael Locatelli
Advogado | Lawyer
Ambiente e Sustentabilidade, Resíduos e Saneamento | Environment and Sustainability, Waste and Sanitation
Marina Guttierrez
Advogada | Lawyer
Ambiente e Sustentabilidade, Resíduos e Saneamento | Environment and Sustainability, Waste and Sanitation