On October 7, 2014, the Brazilian Institute of Environment and Renewable Natural Resources - "IBAMA"enacted the Normative Instruction No. 15/2014 - "IN", which created the National System of Environmental Emergencies - "Siema". "Siema" is an online platform for filing of environmental accidents, visualization of interactive maps and creation of statistical data regarding environmental accidents registered with IBAMA.
The IN requires the polluter files with "Siema" any environmental accident, regardless of measures been taken to control it, as long as the activity is licensed with IBAMA. The new regulation does not apply to local or state licensing, and as a result the polluter is not obligated to file with "Siema". Nonetheless if the licensing agency has previously established a cooperation agreement with IBAMA, the polluter must file with "Siema".
"Siema" can be accessed from IBAMA's website (www.ibama.gov.br). Two types of reports for environmental accidents are therein established: 1) reports involving oil and 2) reports of other accidents. In accordance with the IN, reports involving oil are directed to oil pollution incidents in waters under national jurisdiction. Reports related to other environmental accidents will be directed to those accidents involving hazardous products and remaining cases not covered in the first group.
All submitted reports will be registered with a specific number and users will be able to update the previously presented content with additional information whenever applicable.
Please find the official text of such Normative Instruction (in Portuguese) [here]. Please do not hesitate to contact us if you would like to discuss this further or have questions regarding this new regulation.