🇧🇷Brazil

Multas por Não Conformidade com Licenças Ambientais (Ar e Água)

4 verified sources

Definition

Environmental licensing violations for air emissions (emissões atmosféricas) and produced water discharge (água produzida) in natural gas extraction. Law 9,605/1998 establishes both administrative fines and criminal liability. Penalties include registration suspension/cancellation, license revocation, and facility shutdown. Decree-Law 6,514/2008 regulates specific penalty amounts based on violation severity.

Key Findings

  • Financial Impact: Up to 3-4% of gross annual revenue (per Brazilian GHG Emissions Trading System); License revocation = operational shutdown (infinite revenue loss); Criminal penalties = individual fines + imprisonment
  • Frequency: Continuous risk; triggered by any deviation from permit conditions or failure to file required environmental reports
  • Root Cause: Manual monitoring and reporting of air emissions and water discharge; delayed environmental impact assessments; incomplete documentation of treatment processes; staff errors in permit maintenance and renewal

Why This Matters

The Pitch: Natural gas operators in Brasil face operational shutdown risk and financial penalties for environmental permit violations. Automated air emissions tracking and produced water quality monitoring systems ensure continuous compliance and prevent costly license revocations.

Affected Stakeholders

Environmental Manager, Compliance Officer, Site Operations Manager, HSE Director, Legal Counsel

Deep Analysis (Premium)

Financial Impact

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

Related Business Risks

Multas por Queima de Gás Natural (Gas Flaring) Não Autorizado

R$121,700,000 (2011-2015 period); Average R$1,294,681 per violation

Multas por Incumprimento do Dever de Transferência de Pagamentos (Produtor de Biocombustível)

Up to R$50,000,000 per non-compliance event; Plus lost CBIO issuance value (estimated R$20-100 million over subsequent years per supplier relationship)

Penalidades por Violação de Obrigações de Conformidade Ambiental Significativa

Criminal fines: R$50,000 - R$500,000 per violation; Imprisonment: 1-4 years (executive liability); License revocation = indefinite operational shutdown (revenue loss = facility value × years out of service)

Ineficiência Operacional em Processamento Compartilhado de Gás

Estimated 10–20% reduction in per-unit processing costs = R$15M–R$40M annually for a facility processing 150M m³/day (based on typical operating cost of R$0.50–R$1.20/m³ for shared midstream infrastructure)

Erros de Cálculo em Distribuição de Royalties e Participações Especiais

Estimated R$ 3-8 million per audit cycle (biennial); typical penalty range: 50-100% of underpaid royalties plus 20% administrative fine per ANP enforcement guidelines

Custo Brasil em Conformidade Fiscal de Distribuição de Participações

Estimated 200-400 hours/year of financial analyst labor (R$ 150,000-300,000 in fully-loaded cost); penalties for under-withholding: 50% of tax due + 20% fine; interest accrual at SELIC rate (currently ~10.5% annually)

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