CONAMA Resolution 357/05 - Provisions for the classification of water bodies

CONAMA RESOLUTION 357, March 17, 2005
Published in Official Gazette 053, on March 18, 2005, pages 58-63
Correlations:
· Changed by Resolutions 410/2009 and 430/2011
Establishes provisions for the classification of water bodies as well as environmental directives for their framework, establishes conditions and standards for effluent releases and makes other provisions

THE NATIONAL ENVIRONMENT COUNCIL – CONAMA, in accordance with the power bestowed upon the Council by articles 6, item II and 8, item VII of Law 6.938 from August 31, 1981, regulated by Decree 99.274 from June 6, 1990 and its alterations, and in light of the provisions of its Internal Regulations, and

Considering the enforcement of CONAMA Resolution 274 from Nov. 29, 2000 which Regulates bathing water quality;

Considering art. 9, item I of Law 9.433 from Jan. 8, 1997 which instituted the National Water Resources Policy and other subject related standards;

Considering that water is a component of sustainable development considerations based on the principles of the ecological function of property, prevention, care, polluter-compensator, user-payer and integration, as well as the acknowledgement of the intrinsic value of nature;

Considering that the Federal Constitution and Law 6.938 from August 31, 1981 have the objective of controlling the dumping of environmental polluters and ban the disposal of products in levels that are considered as hazardous or dangerous to human beings and other life forms;

Considering that the framework sets the reaching of specific final goals, which may be reached through progressive and intermediary goals, compulsory and aimed at their implementation;

Considering the terms of the Stockholm Conference on Persistent Organic Polluters (POPs) which was
ratified by Legislative Decree 204 from May 7, 2004;

Considering that the classification of fresh, brackish and salt waters is essential to the preservation of their
quality level, assessed through specific procedures in order to safeguard their preponderant usage;

Considering that the framework of water bodies must be based not only on their current state but also in respect to the quality levels that they should present in order to fulfill the needs of the community;

Considering that human health and wellbeing, as well as the aquatic ecological balance, should not be affected by the deterioration of water quality;

Considering the need to create tools in order to assess the evolution of water quality in relation to the classification established by the framework in order to facilitate the setting of standards and the control of goals aimed at the attainment of proposed objectives;

Considering the need to reformulate existing classifications in order to improve the distribution of water usage and to specify required quality conditions and standards without prejudice to other future improvements; and

Considering that pollution control is directly related to the safeguarding of health conditions, an ecologically balanced environment and the improvement of life conditions, while considering the priorities and environmental classifications that are required for a particular water body; decides:

Art. 1 This Resolution Establishes provisions for the classification of environmental directives for the framing of superficial water bodies as well as for the establishment of conditions and standards related to releases into effluents.

CHAPTER I
Definitions

Art. 2 The following definitions are adopted for all purposes of this Resolution:

I – fresh water: water with salt quantities that are equal to or under 0.5%;
II – brackish water: water with salt quantities between 5.50% and 30%;
III – salt water: water with salt quantities above 30%;
IV – lentic environment: environment with still waters, with sloe or stagnated movement;
V – lotic environment: environment containing moving continental waters;
VI – aquaculture: the cultivation or breeding of animals whose life cycle occurs entirely or partially in aquatic environments;
VII – pollution load: quantity of a given polluter transported by or discharged into a water body, expressed in mass/time units;
VIII – cyanobacteria: prokaryotic microorganisms autotrophic, also named cyanophytes (blue algae) which may live in any superficial swamp and in particular within those with high nutrient levels (nitrogen and phosphor) and may produce toxic substances that are hazardous to health conditions;
IX – quality class: group of conditions and standards necessary for current or future preponderant usage;
X – classification: qualification of fresh, brackish and salt waters in relation to their preponderant usage (quality class systems), current and future;
XI – thermotolerant coliforms: gram-negative bacteria in the form of bacilli, oxidase negative, characterized by enzymes β-galactosidase. May grow in environments containing surface-active agents and ferment lactose at temperatures of 44-45 degrees Celsius and produce acids, gases and aldehyde. They are present in human and homoeothermic animal feces. Are present in soils, plants and other environmental matrix that have not been contaminated by fecal materials;
XII – quality condition: quality of a certain stretch of a water body at a given moment and in relation to possible usage with adequate safety, in relation to Duality Classes;
XIII – release conditions: conditions and standards of emissions adopted for the control of releases into effluents;
XIV – water quality control: group of operational measures established for water bodies aimed at the improvement and conservation of water quality;
XV – receiving body: surface water body which receives the releases from an effluent;
XVI – disinfection: removal or deactivation of potentiality pathogenic organisms;
XVII – acute toxic effect: live organism poisoning caused by physical or chemical agents, usually lethal, or causing any other type of symptom that is preceded by a short exposition period;
XVIII – chronically toxic effects: poisonous effects on live organisms caused by physical or chemical agents which affect one or several biological functions such as reproduction, growth and behavior, during an exposure period which can comprise its total or partial life cycle;
XIX – framework effectivisation: reaching of the framework’s final goal;
XX – framework: establishment of goals or objectives for water quality (class) which must, mandatorily, be reached or upheld within a segment of a water body, according to the pretended preponderant use throughout time;
XXI – ecotoxicological tests: tests undertaken in order to determine the poisonous effects of physical or chemical agents upon different aquatic organisms;
XXII – toxicological tests: tests undertaken in order to determine the poisonous effects of physical or chemical agents aimed at the evaluation of potential health hazards;
XXIII – escherichia coli (E.Coli): bacteria belonging to the Enterobacteriaceae family characterized by the activity of the β-glucuronidase enzyme. Produces indol from the tryptophan amino acid. It is the sole species of the thermotolerant coliforms that only inhabits the human intestine and that of homoeothermic animals, where it is present in high densities;
XXIV – goals: it is the splitting of the objective into physical undertakings and management activities in accordance with pre-established measurement units and schedules, and is mandatory;
XXV – monitoring: measurement or verification of parameters related to water quality and quantity, may be periodical or continuous and is used in order to follow-up on the condition and control of water body quality;
XXVI – standard: limit rate adopted for the establishment of a parameter related to the water quality of a water body;
XXVII – water quality parameter: substantiates other representative water quality indicators;
XXVIII – amateur fishing: exploitation of fishing resources for leisure or sports purposes;
XXIX – program for framework effectivisation: group or progressive mandatory actions or measures that are needed in order to reach intermediary and final goals related to water quality and which are established for the water body framework;
XXX – recreation or primary contact: direct and prolonged contact with water (such as swimming, diving and aquatic skiing) that increases the possibility of water swallowing by the bather;
XXXI – secondary contact recreation: related to activities when the contact with water is sporadic or accidental and the possibility of water swallowing is small, such as during fishing and sailing;
XXXII – advanced treatment: techniques for the removal and/or inactivation of refractory elements that are added to conventional treatment methods and which can provide water with some of the following characteristics: color, odor, taste, toxic or pathogenic properties;
XXXIII – conventional treatment: treatment though the use of coagulation or flocculation followed by disinfection and pH correction;
XXXIV – simplified treatment; treatment through filtration and disinfection and pH correction, when necessary;
XXXV – tributary (or effluent water course): water body that flows into a larger river or into a lake or reservoir;
XXXVI – reference output: output of the water body used as a base for management processes, considering the multiple use of waters and the necessary interaction between the instances that compose the National Environment System (SISNAMA) and the National System for the Management of Water Resources (SINGRH);
XXXVII – virtually absent: that which is not perceived though vision, smell or taste; and
~~XXXVIII mixing zone: region of the receptor body where the initial dilution of an affluent occurs~~ (Revoked by
Resolution 430/2011)

CHAPTER II
Classification of Water Bodies

Art.3 Fresh, brackish and salt waters within the National Territory is classified in thirteen classes according to the qualities that are required for their preponderant use.

Single paragraph. High quality water can be used for less demanding usage, as long as it does not have a negative effect on water quality, while considering other pertinent requirements.

Section I
Fresh Water

Art. 4 Fresh waters are classified as:

I – special class: water intended for:
a) supply for human consumption, disinfected;
b) preservation of the natural balance of aquatic communities; and
c) preservation of aquatic environments in conservation and integral protection units/areas.
II – class 1: waters intended for:
a) supply for human consumption after simplified treatment;
b) the protection of aquatic communities;
c) primary contact recreation such as swimming, water skiing and diving, according to CONAMA Resolution 274, 2000;
d) irrigation of vegetables that are consumed raw and fruits that grow near the soil surface and which are eaten raw and without pealing; and
e) the protection of aquatic communities within Indigenous Lands.
III – class 2: waters intended for:
a) supply for human consumption after conventional treatment;
b) protection of aquatic communities;
c) primary contact recreation such as swimming, water skiing and diving, according to CONAMA Resolution 274, 2000;
d) irrigation of vegetables, fruit plants and parks, gardens, sports and leisure fields, with possible direct
contact by humans; and
e) aquaculture and fishing activities.
IV – class 3: waters intended for:
a) supply for human consumption after conventional or advanced treatment;
b) irrigation or three cultivation, cereals and fodder;
c) amateur fishing;
d) secondary contact recreation;
e) animal drinking.
V – class 4: waters intended for:
a) sailing; and
b) landscape harmony.

Section II
Salt Water

Art. 5 Salt waters are classified as:

I – special class: waters intended for:
a) the preservation of aquatic environments in conservation and integral protection units/areas;
b) the preservation and balance of aquatic communities.
II – class i: waters intended for:
a) primary contact recreation according to CONAMA Resolution 274 from 2000;
b) protection of aquatic communities; and
c) aquaculture and fishing activities.
III – class 2: waters intended for:
a) amateur fishing; and
b) secondary contact recreation.
IV – class 3: waters intended for:
a) sailing; and
b) landscape harmony.

Section II
Brackish Water

Art. 6 Brackish waters are classified as:

I – special class; waters intended for:
a) the preservation of aquatic environments in conservation and integral protection units/areas; and
b) the preservation and the natural balance of aquatic communities.
II – class 1: waters intended for:
a) primary contact recreation, according to CONAMA Resolution 274 from 2000;
b) the protection of aquatic communities;
c) aquaculture and fishing activities;
d) vegetables that are consumed raw and fruits that grow near the soil surface for human consumption after
conventional or advanced treatment; and
e) irrigation of vegetables that are consumed raw and of fruits that grow near the soil surface and are consumed raw and without pealing and the irrigation of parks, gardens, sports and leisure fields, with possible direct human contact.
III – class 2: waters intended for:
a) amateur fishing; and
b) secondary contact recreation.
IV – class 3: waters intended for:
a) sailing; and
b) landscape harmony.

CHAPTER III
WATER QUALITY CONDITION AND STANDARDS

Section I
General Provisions

Art. 7 The quality standards set by this Resolution establish individual limits for each substance within a given class.

Single paragraph. Possible interaction between substances, specified or not by this Resolution, cannot confer water characteristics that can lead to lethal effects, affect reproduction of life physiognomy, as well as restrict the foreseen preponderant uses, except for the provisions contained in § 3 of art. 34 of this Resolution.

Art. 8 The selected group of water quality parameters aimed at the substantiation of the framework proposal must be regularly monitored by the Public Powers.

§ 1 Parameters that may be the object of suspicion or non-conformity with reality must also be monitored.

§ 2 Monitoring results must be statistically analyzed and measuring discrepancies must be considered.

§ 3 The quality of aquatic environments may be assessed through biological indicators, when appropriate, and through the usage of aquatic organisms and/or communities.

§ 4 Possible interactions between substances and the presence of contaminants that are not listed in this Resolution and which may cause damages to living being must be investigated through the use of ecotoxicological and toxicological tests and through other scientifically acknowledged methods.

§ 5 If the study of cases that are mentioned in the previous paragraph is deemed as necessary due to the
actuation of identified entrepreneurs the expenses for the studies are his/her responsibility.

§ 6 Brackish continental water bodies whose salinization is not a direct product of marine influence the rates of nitrogen and phosphor chemical groups will be established according to their correspondents in fresh waters.

Art. 9 The analysis and assessment of the rates of water quality parameters that are the subject of this Resolution will be undertaken by Public Powers which may use their own laboratories, associated or contracted, which will adopt the procedures for analytic quality in light of current demands.

§ 1 The laboratories of the competent organs must be structures in order to meet the demands placed by the provisions contained in this Resolution.

§ 2 In cases when the available analytical methodology is not sufficient for the quantification of the concentration of these substances in the water, the sediments and/or aquatic biome may be investigated regarding the possible presence of these substances.

Art. 10. The maximum rates established for the parameters listed in each of the framework classes must be followed according to reference flow.

§ 1 The rates of Biochemical Oxygen Demand (BOD) established for class 2 and 3 fresh waters may be increased if the case study related to the auto-depuration of the receptor body shows that the minimum concentrations of foreseen dissolved oxygen will not be transgressed, in reference flow conditions, except within mixing zones.

§ 2 The maximum admissible rates of the parameters related to the chemical compositions of nitrogen and phosphor, in the conditions of reference flow, may be altered due to natural occurrences, or when specific environmental studies that also take into account diffuse pollution, prove that these new rates will not prejudice the foreseen thin the framework of the water body.

§ 3 In cases when the nitrogen is a limiting factor for the eutrophication of class 1 and 2 waters, in the conditions established by the competent environmental organ, the total nitrogen rate (after oxidation) cannot surpass 1,27 mg/L in lentic environments and 2,18 mg/L in lotic environments, in the reference flow.

§ 4 The provisions of §§ 2 and 3 does not apply to salt or brackish water bays or to other water bodied when the reference flow is not applicable, these cases must become the object of specific studies on the dispersion and assimilation of polluting agents in water environments.

Art. 11. The Public Powers may, at any moment, add other conditions and quality standards for a specific water body or make them more restrictive due to local conditions and based on scientific foundations.

Art. 12. The Public Powers may establish additional restrictions and measures, exceptional or temporary,
when the flow of the water body is below the reference flow rate.

Art. 13. Natural conditions of water bodies should be upheld in relation to special class waters.

Section II
Fresh Water

Art. 14. Class 1 fresh waters must possess the following specifications and standards:

II – Water quality standards:

TABLE I – Class 1 – FRESH WATER STANDARDS

Parameters	Max. rates
Chlorophyll a	10 μg/L
Density of cyanobacteria	20.000 cel/mL or 2 mm³/L
Dissolved solids totals	500 mg/L
INORGANIC PARAMETERS	Max. rate
Dissolved aluminum	0,1 mg/L Al
Antimony	0,005mg/L Sb
Arsenic total	0,01 mg/L As
Barium total	0,7 mg/L Ba
Beryllium total	0,04 mg/L Be
ORGANIC PARAMETERS	Max. rates
Cadmium total	0,001 μg/L Cd
Lead total	0,01mg/L Pb
Cyanide free	0,005 mg/L CN
Chloride total	250 mg/L Cl
Chlorine residual total (combined + free)	0,01 mg/L Cl
Cobalt total	0,05 mg/L Co
Copper dissolved	0,009 mg/L Cu
Chrome total	0,05 mg/L Cr
Iron dissolved	0,3 mg/L Fe
Fluoride total	1,4 mg/L F
Phosphor total (lentic environment)	0,020 mg/L P
Phosphor total (intermediary environment, residence period between 2 and 40 days, and direct tributary of lentic environments)	0,025 mg/L P
Phosphor total (lotic environment and tributaries of intermediary environment)	0,1 mg/L P
Lithium total	2,6 mg/L Li
Manganese total	0,1 mh/L Mn
Mercury total	0,0002 mg/L Hg
Nickel total	0,025 mg/L Ni
Nitrate	10,0 mg/L N
Nitrite	1,0 mg/L N
Ammoniacal nitrogen total	3,7mg/L N, to pH ≤ 7,5 2,0 mg/L N, to 7,5 < pH ≤ 8,0 1,0 mg/L N, to 8,0 < pH ≤ 8,5 0,5 mg/L N, to pH > 8,5
Silver total	0,01 mg/L Ag
Selene total	0,01 mg/L Se
Sulfate total	250 mg/L SO4
Sulfite (H2S non-dissociated)	0,002 mg/L S
Uranium total	0,02 mg/L U
Vanadium total	0,1 mg/L V
Zinc total	0,18 mg/L Zn
Carbon tetrachloride	0,002 mg/L
Tetrachloroethene	0,01 mg/L
Toluene	2,0 μg/L
Toxaphene	0,01 μg/L
2,4,5-TP	10,0 μg/L
Tributyltin	0,063 μg/L TBT
Trichlorobenzene (1,2,3-TCB + 1,2,4-TCB)	0,02 mg/L
Trichloroethene	0,03 mg/L
2,4,6-trichlorophenol	0,01 mg/L
Trifluralin	0,2 μg/L
Xylene	300 μg/L

III – Fresh waters that are used for fishing or the cultivation of organisms for intensive consumption purposes must, apart from the standards established in item II, abide by the following standards, either through substitution or in addition to:

TABLE II – Class 1 – FRESH WATER
STANDARDS FOR FISHING WATER BODIES OR ORGANISM CULTIVATION FOR INTENSIVE CONSUMPTION PURPOSES

Inorganic parameters	Max. rates
Arsenic total	0,14 μg/L As
ORGANIC PARAMETERS	Benzidine
Max. rates	0,0002 μg/L
Benzo (a) anthracene 0,018 μg/L	Benzo (a) pyrene 0,018 μg/L
Benzo (b) fluoranthene 0,018 μg/L	Benzo (k) fluoranthene 0,0 18 μg/L
Chrysene 0,018 μg/L	Dibenzo (a, h) anthracene 0,018 μg/L
3,3-dichlorobenzidine	0,028 μg/L
Heptachlor + Heptachlor epoxide	0,000039 μg/L
Hexachlorobenzene	0,00029 μg/L
Indeno (1,2,3-cd) pyrene	0,018 μg/L
PCBs – polychlorinated biphenyls	0,000064 μg/L
Pentachlorophenol	3,0 μg/L
Carbon tetrachloride 1,6 μg/L	Tetrachloroethene 3,3 μg/L
Toxaphene	0,00028 μg/L
2,4,6-trichlorophenol	2,4 μg/L

Art 15. The same specifications and standards apply to class 2 fresh waters as those foreseen in the previous article, except for the following:

I – the presence of dyes from anthropic sources which cannot be removed through coagulation, sedimentation or conventional filtering processes;
II – thermotolerant coliforms: CONAMA Resolution 274/2000 must be followed for primary contact recreational purposes. For other uses they cannot exceed a limit of 1.000 thermotolerant coliforms per 100 milliliters in 80% or more of at least 6 (six) samples collected during a one year period, every two months. E. coli presence may be determined as a substitution of the thermotolerant coliform parameters in accordance with the limits established by the competent environmental organ;
III – true color: up to 75 mg Pt/L;
IV – turbidity: up to 100 UNT;
V – DBO 5 days at 20°C up to 5 mg/L O 2 ;
VI – OD, in any sample, nor inferior to 5 mg/L O 2 ;
VII – chlorophyll a: up to 30 μg/L;
VIII – cyanobacteria density: up to 50000 cel/mL or 5 mm 3 /L; and,
IX – total phosphor:
a) up to 0,030 mg/L, in lentic environments; and
b) up to 0,050 mg/L, in intermediary environments with residency time of between 2 and 40 days and direct tributaries from lentic environments.

Art. 16. Class 3 fresh waters must possess the following specifications and standards:

I – water quality specifications:
a) non-existence of acute toxic effects on organisms, in accordance with the criteria set by the competent environmental organ, or, in its absence, by acknowledged national or international institutions through the undertaking of standardized ecotoxicological tests or another scientifically acknowledged method;
b) floating substances, including non-natural foam: virtually absent;
c) oils and greases: virtually absent;
d) substances that possess taste and odor: virtually absent;
e) the presence of anthropic dyes is not permitted unless they can be removed though coagulation, sedimentation and conventional filtering;
f) solid wastes: virtually absent;
g) thermotolerant coliforms: coliforms cannot surpass a 2500 per 100 milliliters in 80% or more of at least 6 samples collected during a one year period and undertaken every other month. For other bred confined animals it cannot exceed 1000 coliforms per 100 milliliters in 80% or more of at least 6 samples collected during a one year period and undertaken every other month. For other uses, it cannot exceed the limit of 4000 per 100 milliliters in 80% or more of at least 6 samples collected during a one year period and undertaken every other month. E. coli presence may be determined as a substitution of the thermotolerant coliform parameters in accordance with the limits established by the competent environmental organ;
h) cyanobacteria in animal drinking water: the cyanobacteria density rates cannot exceed 50.000 cel/ml, or 5mm3/L;
i) DBO 5 days at 20°C up to 10 mg/L O 2 ;
j) OD, in any sample, not inferior to 4 mg/L O 2 ;
l) turbidity of up to 100 UNT;
m) true color: up to 75 mg Pt/L; and,
n) pH: 6,0 to 9,0.

II – Water quality standards:

TABLE III – Class 3 – FRESH WATER STANDARDS

Parameters	Max. rates
Chlorophyll a	60 μg/L
Cyanobacterial Density	100.000 cel/mL or 10 mm3/L
Total Dissolved Solids	500 mg/L
INORGANIC PARAMETERS	MAX. RATES
Dissolved aluminum	0,2 mg/L Al
Total arsenic	0,033 mg/L As
Barium full	1,0 mg/L Ba
Total beryllium	0,1 mg/L Be
Total boron	0,75 mg/L B
Total cadmium	0,01 mg/L Cd
Total lead	0,033 mg/L Pb
Free cyanide	0,022 mg/L CN
Total chloride	250 mg/L Cl
Total cobalt	0,2 mg/L Co
Copper dissolved	0,013 mg/L Cu
Total chromium	0,05 mg/L Cr
Iron dissolved	5,0 mg/L Fe
Fluoride total	1,4 mg/L F
Phosphor total (lentic environment)	0,05 mg/L P
Phosphor total (intermediary environment, residence period between 2 and 40 days, and direct tributary of lentic environments)	0,075 mg/L P
Phosphor total (lotic environment and tributaries of intermediary env.)	0,15 mg/L P
Lithium total	2,5 mg/L Li
Manganese total	0,5 mg/L Mn
Mercury total	0,002 mg/L Hg
Nickel total	0,025 mg/L Ni
Nitrate	10,0 mg/L N
Nitrite	1,0 mg/L N
Total ammonia nitrogen	13,3 mg/L N, to pH ≤ 7,5 5,6 mg/L N, to 7,5 < pH ≤ 8,0 2,2 mg/L N, to 8,0 < pH ≤ 8,5 1,0 mg/L N, to pH > 8,5
Total silver	0,05 mg/L Ag
Total selenium	0,05 mg/L Se
Total sulfate	250 mg/L SO4
Sulfide (H2S undissociated)	0,3 mg/L S
Total uranium	0,02 mg/L U
Total vanadium	0,1 mg/L V
Total zinc	5 mg/L Zn
ORGANIC PARAMETERS	MAXIMUM RATE
Aldrin + Dieldrin	0,03 μg/L
Atrazine	2 μg/L
Benzene	0,005 mg/L
Benzo (a) pyrene	0,7 μg/L
Carbaryl	70,0 μg/L
Chlordane (cis + trans)	0,3 μg/L
2,4-D	30,0 μg/L
DDT (p,p’-DDT + p,p’-DDE + p,p’-DDD)	1,0 μg/L

Demeton (Demeton-O + Demeton-S)	14,0 μg/L
1,2-Dichloroethane	0,01 mg/L
1,1-Dichloroethene	30 μg/L
Pentacyclodecane dodecachloride	0,001 μg/L
Endosulfan (α + β + sulfate)	0,22 μg/L
Endrin	0,2 μg/L
Phenolic compounds (substances that react with 4-aminoantipyrine)	0,01 mg/L C 6 H 5 OH
Glyphosate	280 μg/L
Gution	0,005 μg/L
Heptachlor epoxide +	0,03 μg/L
Lindane (γ-HCH)	2,0 μg/L
Malathion	100,0 μg/L
Methoxychlor	20,0 μg/L
Parathion	35,0 μg/L
PCBs – polychlorinated biphenyls	0,00 1 μg/L
Pentachlorophenol	0,009 mg/L
Surface-active substances which react with blue methylene	0,5 mg/L LAS
2,4,5-T	2,0 μg/L
Carbon tetrachloride	0,003 mg/L
Tetrachloroethene	0,01 mg/L
Toxaphene	0,21 μg/L
2,4,5-TP	10,0 μg/L
Tributyltin	2,0 μg/L TBT
Trichloroethene	0,03 mg/L
2,4,6-trichlorophenol	0,01 mg/L

Art. 17. Class 4 fresh waters must possess the following specifications and standards:

I – floating substances, including non-natural foams: virtually absent;
II – odor and aspect: non objectionable;
III – oils and greases: iridescences are tolerated;
IV – easily sedimentable substances that can contribute to the siltation of sailing channels: virtually absent;
V – total phenols ( substances that react with 4- aminoantipyrine) UP TO 1,0 mg/L of C6H5OH;
VI – OD, above 2,0 mg/L O 2 in any sample; and,
VII – pH: 6,0 to 9,0.

Section III
Salt Water

Art. 18. Class 1 salt waters must possess the following specifications and standards:

I – water quality specifications:
a) non-existence of acute toxic effects on organisms, in accordance with the criteria set by the competent environmental organ, or, in its absence, by acknowledged national or international institutions through the undertaking of standardized ecotoxicological tests or another scientifically acknowledged method;
b) virtually absent floating substances;
c) oils and greases: virtually absent;
d) substances that possess odor and turbidity: virtually absent;
e) dyes from anthropic sources: virtually absent;
f) objectionable solid wastes: virtually absent;
g) thermotolerant coliforms: for primary contact usage must follow bathing standards foreseen by CONAMA Resolution 274/2000. For the cultivation of bivalve mollusks for human consumption the medium geometric density of thermotolerant coliforms, from a minimum of 15 samples collected at the same location, cannot exceed 43 per 100 milliliters, and 90% cannot contain more than 88 thermotolerant coliforms per 100 milliliters. These rates should hold during an annual period with a minimum of 5 samples. For other uses it cannot exceed 1.000 thermotolerant coliforms per 100 milliliters in 80% or more of at least 6 samples collected bimonthly during a one year period. E. coli presence may be determined as a substitution of the thermotolerant coliform parameters in accordance with the limits established by the competent environmental organ;
h) total organic carbon up to 3 mg/L, as C;
i) OD, not inferior to, in any sample, 6 mg/L O 2 ; and
j) pH: 6.5 to 8.5, it should not show a change to the natural pH above 0.2 per unit.

II – Water quality standards:

TABLE IV – CLASS 1 – SALT WATER
STANDARDS

Inorganic parameters	Max. rate
Dissolved aluminum	1,5 mg/L Al
Total arsenic	0,01 mg/L As
Barium full	1,0 mg/L Ba
Total beryllium	5,3 μg/L Be
Total boron	5,0 mg/L B
Total cadmium	0,005 mg/L Cd
Total lead	0,01 mg/L Pb
Free cyanide	0,001 mg/L CN
Total residual chlorine (free + combined)	0,01 mg/L Cl
Copper dissolved	0,005 mg/L Cu
Total chromium	0,05 mg/L Cr
Dissolved iron	0,3 mg/L Fe
Total fluoride	1,4 mg/L F
Total phosphorus	0,062 mg/L P
Total manganese	0,1 mg/L Mn
Total mercury	0,0002 mg/L Hg
Total nickel	0,025 mg/L Ni
Nitrate	0,40 mg/L N
Nitrite	0,07 mg/L N
Total ammonia nitrogen	0,40 mg/L N
Polyphosphates (determined by the difference between hydrolysable phosphorus acid and total reactive phosphorus)	0,03 mg/L P
Total silver	0,005 mg/L Ag
Total selenium	0,01 mg/L Se
Sulfide (H2S undissociated)	0,002 mg/L S
Thallium Total	0,1 mg/L Tl
Total uranium	0,5 mg/L U
Zinc total	0,09 mg/L Zn
ORGANIC PARAMETERS	Max. rates
Aldrin + Dieldrin	0,0019 μg/L
Benzene	700 μg/L
Carbaryl	0,32 μg/L
Chlordane (cis + trans)	0,004 μg/L
2,4-D	30,0 μg/L
DDT (p, p’-DDT + p, p’-DDE + p, p’-DDD)	0,001 μg/L
Demeton (demeton, demeton-O + S)	0,1 μg/L
Dodecachlor Pentacyclodecane	0,001 μg/L
Endosulfan (α + β + sulfate)	0,01 μg/L
Endrin	0,004 μg/L
Ethyl benzene	25 μg/L
Phenolic compounds (substances that react with 4-aminoantipyrine)	60 μg/L C6H5OH
Gution	0,01 μg/L
Heptachlor + Heptachlor epoxide	0,001 μg/L
Lindane (γ-HCH)	0,004 μg/L
Malathion	0,1 μg/L
Methoxychlor	0,03 μg/L
Monochlorobenzene	25 μg/L
Pentachlorophenol	7,9 μg/L
PCBs – Polychlorinated Biphenyls	0,03 μg/L
Surface-active substances which react with blue methylene	0,2 mg/L LAS
2,4,5-T	10,0 μg/L
Toluene	215 μg/L
Toxaphene	0,0002 μg/L
2,4,5-TP	10,0 μg/L
Tributyltin	0,01 μg/L TBT
Trichlorobenzene (1,2,3-TCB + 1,2,4-TCB)	80 μg/L
Trichloroethene	30,0 μg/L

III – Salt waters that are used for the cultivation of organisms for intensive human consumption must comply the following standards, apart from those established by item II of this article, as substitutes or in addition to:

TABLE V – CLASS 1 – SALT WATER
STANDARDS FOR FISHING WATER BODIES OR ORGANISM CULTIVATION FOR INTENSIVE CONSUMPTION PURPOSES

Inorganic parameters	Max. rates
Arsenic total	0,14 μg/L As
Organic Parameters	Max. rates
Benzene	51 μg/L
Benzidine	0,0002 μg/L
Benzo (a) anthracene	0,018 μg/L
Benzo (a) pyrene	0,018 μg/L
Benzo (b) fluoranthene	0,018 μg/L
Benzo (k) fluoranthene	0,0 18 μg/L
2-Chlorophenol	150 μg/L
2,4-dichlorophenol	290 μg/L
Chrysene	0,018 μg/L
Dibenzo (a, h) anthracene	0,018 μg/L
1,2-Dichloroethane	37 μg/L
1,1-Dichloroethene	3 μg/L
3,3-dichlorobenzidine	0,028 μg/L
Heptachlor + Heptachlor epoxide	0,000039 μg/L
Hexachlorobenzene	0,00029 μg/L
Indeno (1,2,3-cd) pyrene	0,018 μg/L
PCBs – Polychlorinated Biphenyls	0,000064 μg/L
Pentachlorophenol	3,0 μg/L
Tetrachloroethene	3,3 μg/L
2,4,6-trichlorophenol	2,4 μg/L

Art 19. Class 2 salt waters are subjected to the same specifications and standards as Class 1, as foreseen by the previous article, with the exception of the following:

I – Water quality specifications:
a) non-existence of acute toxic effects on organisms, in accordance with the criteria set by the competent environmental organ, or, in its absence, by acknowledged national or international institutions through the undertaking of standardized ecotoxicological tests or another scientifically acknowledged method;
b) thermotolerant coliforms: may not exceed a limit of 2500 per 100 milliliters in 80%, or more, of at least 6 samples collected bimonthly during a one year period. E. coli presence may be determined as a substitution of the thermotolerant coliform parameters in accordance with the limits established by the competent environmental organ;
c) total organic carbon: up to 5.00 mg/L, as C; and
d) OD, in any sample, not under 5.0 mg/L O 2 .

II – Water quality standards:

TABEL VI – CLASS 2 – SALT WATER
STANDARDS

Inorganic Parameters	Max. rates
Total arsenic	0,069 mg/L As
Total cadmium	0,04 mg/L Cd
Total lead	0,21 mg/L Pb
Free cyanide	0,001 mg/L CN
Total residual chlorine (free + combined)	19 μg/L Cl
Copper dissolved	7,8 μg/L Cu
Total chromium	1,1 mg/L Cr
Total phosphorus	0,093 mg/L P
Total mercury	1,8 μg/L Hg
Nickel	74 μg/L Ni
Nitrate	0,70 mg/L N
Nitrite	0,20 mg/L N
Total ammoniacal nitrogen	0,70 mg/L N
(determined by the difference between hydrolysable phosphorus acid and total reactive phosphorus)	0,0465 mg/L P
Total selenium	0,29 mg/L Se
Total zinc	0,12 mg/L Zn
Organic parameters	Max. rates
Aldrin + Dieldrin	0,03 μg/L
Chlordane (cis + trans)	0,09 μg/L
DDT (p’DDT + p-p +-p-p’DDE p’DDD)	0,13 μg/L
Endrin	0,037 μg/L
Heptachlor + Heptachlor epoxide	0,053 μg/L
Lindane (γ-HCH)	0,16 μg/L
Pentachlorophenol	13,0 μg/L
Toxaphene	0,210 μg/L
Tributyltin	0,37 μg/L TBT

Art. 20. Class 3 salt waters must possess the following specifications and standards:

I – floating substances, including non-natural foam: virtually absent;
II – oil and greases: iridescences are tolerated;
III – substances that possess odor and turbidity: virtually absent;
IV – dyes from anthropic sources: virtually absent;
V – objectionable solid wastes: virtually absent;
VI – thermotolerant coliforms: may not exceed a limit of 4000 per 100 milliliters in 80%, or more, of at least 6 samples collected bimonthly during a one year period. E. coli presence may be determined as a substitution of the thermotolerant coliform parameters in accordance with the limits established by the competent environmental organ;
VII – total organic carbon: up to 10 mg/L, as C;
VIII – OD, in any sample, not under 4 mg/ L O2; and
IX – pH: 6,5 to 8,5 and natural pH should not change more than 0.2 units.

Section IV
Brackish Waters

Art. 21. Class 1 brackish waters must possess the following specifications and standards:

I – water quality specifications:
a) non-existence of acute toxic effects on organisms, in accordance with the criteria set by the competent environmental organ, or, in its absence, by acknowledged national or international institutions through the undertaking of standardized ecotoxicological tests or another scientifically acknowledged method;
b) total organic carbon: up 3 mg/L, as C;
c) OD, in any sample, not under 5 mg/ L O2;
d) pH: 6,5 to 8,5;
e) oils and greases: virtually absent;
f) floating substances: virtually absent;
g) substances that produce color, odor and turbidity: virtually absent;
h) objectionable solid wastes: virtually absent; and
i) thermotolerant coliforms: for primary contact usage must follow bathing standards foreseen by CONAMA Resolution 274/2000. For the cultivation of bivalve mollusks for human consumption the medium geometric density of thermotolerant coliforms, from a minimum of 15 samples collected at the same location, cannot exceed 43 per 100 milliliters, and 90% cannot contain more than 88 thermotolerant coliforms per 100 milliliters. The above rates must hold and be monitored annually and with a minimum of 5 samples. The rate of 200 thermotolerant coliforms per milliliter should not be exceeded for the irrigation of vegetables that are consumed raw and the consumed raw or the cultivation of fruits that grow close to the soil and are eaten raw and without pealing, as well as the irrigation of parks, gardens and sports and leisure fields, occasions when humans may have a direct contact with the water. For other uses it should not exceed a limit of 1.000 thermotolerant coliforms per 100 milliliters in 80% or more of the at least 6 samples collected bimonthly during a one year period. E. coli presence may be determined as a substitution of the thermotolerant coliform parameters in accordance with the limits established by the competent environmental organ.

II – Water quality standards:

TABLE VII – Class 1 – BRACKISH WATERS
STANDARDS

Inorganic Parameters	Max. rates
Dissolved aluminum	0,1 mg/L Al
Total arsenic	0,01 mg/L As
Total beryllium	5,3 μg/L Be
Boron	0,5 mg/L B
Total cadmium	0,005 mg/L Cd
Total lead	0,01 mg/L Pb
Free cyanide	0,001 mg/L CN
Total residual chlorine (free + combined)	0,01 mg/L Cl
Copper dissolved	0,005 mg/L Cu
Total chromium	0,05 mg/L Cr
Dissolved iron	0,3 mg/L Fe
Total fluoride	1,4 mg/L F
Total phosphorus	0,124 mg/L P
Total manganese	0,1 mg/L Mn
Total mercury	0,0002 mg/L Hg
Total nickel	0,025 mg/L Ni
Nitrate	0,40 mg/L N
Nitrite	0,07 mg/L N
Total ammoniacal nitrogen	0,40 mg/L N
Polyphosphates (determined by the difference between hydrolysable phosphorus acid and total reactive phosphorus)	0,062 mg/L P
Total Silver	0,005 mg/L Ag
Total selenium	0,01 mg/L Se
Sulfide (H2S the undissociated)	0,002 mg/L S
Total zinc	0,09 mg/L Zn

ORGANIC PARAMETERS	Max. rates
Aldrin + Dieldrin	0,0019 μg/L
benzene	700 μg/L
carbaryl	0,32 μg/L
Chlordane (cis + trans)	0,004 μg/L
2,4-D	10,0 μg/L
DDT (p, p + p’DDT, p’DDE + p, p’DDD)	0,001 μg/L
Demeton (demeton, demeton-O + S)	0,1 μg/L
Dodecachlor Pentacyclodecane	0,001 μg/L
Endrin	0,004 μg/L
Endosulfan (α + β + sulfate)	0,01 μg/L
ethyl benzene	25,0 μg/L
Phenolic compounds (substances that react with 4-aminoantipyrine)	0,003 mg/L C6H5OH
Gution	0,01 μg/L
Heptachlor + Heptachlor epoxide	0,001 μg/L
Lindane (γ-HCH)	0,004 μg/L
Malathion	0,1 μg/L
Methoxychlor	0,03 μg/L
Monochlorobenzene	25 μg/L
Parathion	0,04 μg/L
Pentachlorophenol	7,9 μg/L
PCBs – Polychlorinated Biphenyls	0,03 μg/L
Surface-active substances that react with blue methylene	0,2 LAS
2,4,5-T	10,0 μg/L
Toluene	215 μg/L
Toxaphene	0,0002 μg/L
2,4,5-TP	10,0 μg/L
Tributyltin	0,0 10 μg/L TBT
Trichlorobenzene (1,2,3-TCB + 1,2,4-TCB)	80,0 μg/L

III – Brackish waters that are used for fishing or for the cultivation of organisms for intensive human consumption the following standards apply, as substitutes or in addition to, apart from the standards established in item II of this article:

TABLE VIII – Class 1 – BRACKISH WATER
STANDARDS FOR WATER BODIESUSED FOR FISHING OR ORGANISM CULTIVATION FOR INTENSIVE CONSUMPTION PURPOSES

Inorganic Parameters	Max. Rates
Total arsenic	0,14 μg/L As
ORGANIC PARAMETERS	Max. Rates
Benzene	51 μg/L
Benzidine	0,0002 μg/L
Benzo (a) anthracene	0,018 μg/L
Benzo (a) pyrene	0,018 μg/L
Benzo (b) fluoranthene	0,018 μg/L
Benzo (k) fluoranthene	0,018 μg/L
2-Chlorophenol	150 μg/L
Chrysene	0,018 μg/L
Dibenzo (a, h) anthracene	0,018 μg/L
2,4-dichlorophenol	290 μg/L
1,1-Dichloroethene	3,0 μg/L
1,2-Dichloroethane	37,0 μg/L
3,3-dichlorobenzidine	0,028 μg/L
Heptachlor + Heptachlor epoxide	0,000039 μg/L
Hexachlorobenzene	0,00029 μg/L
Indeno (1,2,3-cd) pyrene	0,018 μg/L
Pentachlorophenol	3,0 μg/L
PCBs – Polychlorinated Biphenyls	0,000064 μg/L
Tetrachloroethene	3,3 μg/L
Trichloroethene	30 μg/L
2,4,6-trichlorophenol	2,4 μg/L

Art. 22. Class 2 brackish waters must follow the same specifications and quality standards as class 1 waters, with the exception of:

II – Water quality standards:

TABLE IX – CLASS 2 – BRACKISH WATER
STANDARDS

Inorganic Parameters	Max. Rates
Total arsenic	0,069 mg/L As
Total cadmium	0,04 mg/L Cd
Total lead	0,210 mg/L Pb
Total chromium	1,1 mg/L Cr
Free cyanide	0,001 mg/L CN
Total residual chlorine (free + combined)	19,0 μg/L Cl
Copper dissolved	7,8 μg/L Cu
Total phosphorus	0,186 mg/L P
Total mercury	1,8 μg/L Hg
Total nickel	74,0 μg/L Ni
Nitrate	0,70 mg/L N
Nitrite	0,20 mg/L N
Total ammonia nitrogen	0,70 mg/L N
Polyphosphates (determined by the difference	0,093 mg/L P
Total selenium	0,29 mg/L Se
Total zinc	0,12 mg/L Zn
Organic parameters	Max. Rates
Aldrin + Dieldrin	0,03 μg/L
Chlordane (cis + trans)	0,09 μg/L
DDT (p’DDT + p-p +-p-p’DDE p’DDD)	0,13 μg/L
Endrin	0,037 μg/L
Heptachlor + Heptachlor epoxide	0,053 μg/L
Lindane (γ-HCH)	0,160 μg/L
Pentachlorophenol	13,0 μg/L
Toxaphene	0,210 μg/L
Tributyltin	0,37 μg/L TBT

Art. 23. Class 3 brackish waters must possess the following specifications and standards:

I – pH: 5 to 9;
II – OD, in any sample, not under 3 mg/L O2;
III – oils greases: iridescences are tolerated;
IV – floating substances: virtually absent;
V – substances that produce taste, odor and turbidity: virtually absent;
VI – easily sedimentable substances that can contribute to the siltation of sailing channels: virtually absent;
VII – thermotolerant coliforms: may not exceed a limit of 4000 per 100 milliliters in 80%, or more, of at least 6 samples collected bimonthly during a one year period. E. coli presence may be determined as a substitution of the thermotolerant coliform parameters in accordance with the limits established by the competent environmental organ; and
VIII – total organic carbon of up to 10.0 mg/L, as C.

CHAPTER IV
CONDITIONS AND STANDARDS FOR EFFLUENTS RELEASES

Art. 24. Wastes from any pollution source can only be released, directly or indirectly, into water bodies after their due treatment and as long as they abide by the specifications, standards and demands provisioned in this Resolution and in other applicable standards.
~~Single paragraph. The competent environmental organ may, at any moment:~~
~~I Add other conditions and standards, or make them more restrictive, in light of local conditions and based on technical foundations; and~~
~~II demand improved technologies for the treatment of effluents that are compatible with the conditions of the respective surface water course, based on technical foundations.~~ (Revoked by Resolution 430/2011)

~~Art. 25. The release and issuing of authorizations that are not in harmony with the provisions of this Resolution are hereby banned.~~

Single paragraph. The competent environmental organ may, in certain exceptional cases, authorize the releases above the conditions and standards established by art. 34 of this Resolution, conditioned to compliance with the following requirements:

~~I – proof of relevant public interest, duly justified;~~
~~II – compliance with the intermediary and final framework goals, progressive and compulsory;~~
~~III – order an Environmental Impact Study at the expense of the entrepreneurs that is responsible for the release;~~
~~IV- establish demands related to the treatment of the release; and~~
~~V – set a maximum deadline for the exceptional release.~~ (Revoked by Resolution 430/2011)

Art. 26. Federal, state and municipal competent environmental organs must, through specific standards or during the licensing process for the activity or enterprise, establish the maximum polluting load for the release of substances that can be present or may be formed during productive processes, listed or not in art. 34 of this Resolution, in order not to compromise the progressive mandatory goals, intermediary and final, established by the framework for the respective water body.

§ 1 In cases when the enterprise causes a significant environmental impact, the competent environmental organ will demand, during the licensing process, the presentation of a capacity and support study related to the load released into the receptor water body.

~~§2 The capacity and support study must consider, at least, the difference between the standards established for the class and the concentration after the mixing zone.~~

§3 The entrepreneur must, or risk the cancelation of the license, provide the environmental organ with information, during the licensing process, regarding the substances, including those foreseen in this Resolution for water quality standards, which may be present in the respective effluent.

~~§4 The provisions of §1 are also valid for substances that are not foreseen by this Resolution unless the entrepreneur could not possibly be aware of their existence in his/her effluent(s).~~ (Revoked by Resolution 430/2011)

~~Art. 27. The release of Persistent Organic Pollutants (POPs) into effluents is forbidden according to the Stockholm Convention which was ratified through Legislative Decree 204 from May 7, 2004.~~

~~Single paragraph. Processes that can imply the formation of dioxins and furans must employ be best available technology for their reduction and total elimination.~~ (Revoked by Resolution 430/2011)

~~Art. 28. Releases may not confer the water body with characteristics that are not in accordance with the progressive compulsory goals, intermediary and final, of its framework.~~

~~§ 1 The compulsory goals will be established through parameters.~~

§ 2 Parameters that are not included in the mandatory goals, the quality standards that must be complied with are the same as those that are included in the class that represents the respective water body. (Revoked by Resolution 430/2011)

~~Art. 29. The release of effluents onto the soil, even if treated, cannot cause any pollution or water contamination.~~ (Revoked by Resolution 430/2011)

Art. 30. The control of release conditions and for the purposes related to dilution before the release, is banned, as is the mixing of releases with better quality waters such as water supply waters, sea water and waters from
~~open refrigeration systems without re-circulation.~~ (Revoked by Resolution 430/2011)

Art. 31. In cases when the pollution source generates different effluents or individualized releases, the limits included in this Resolution apply for each of them or to the group after mixing, at the criteria of the competent environmental organ. (Revoked by Resolution 430/2011)

~~Art. 32. Effluent releases or the disposal of domestic, agro-pecuary, agricultural, industrial wastes or wastes from any other source , is banned even if they have been previously treated.~~

~~§ 1 For other water classes, the release of effluents must, simultaneously:~~

~~I – comply with the conditions and standards for effluent releases;~~
~~II – not surpass any conditions or standards for water quality that have been established for the respective classes, in reference flow conditions; and~~
~~III – comply with other applicable demands.~~

~~§ 2 The release of effluents related to water bodies in the process of recuperation must follow the progressive, intermediary and final goals.~~ (Revoked by Resolution 430/2011)

Art . 33. The competent environmental organ may authorize, within the effluent mixing zone and considering the type of substances, rates that are not in harmony with those established for the respective framework class as long as it does not compromise the uses that have been foreseen for the water body.

Single paragraph. The extension and the concentration of substances within the mixing zone must be the object of studies by the competent environmental organ at the expense of the entrepreneur that is responsible for the release. (Revoked by Resolution 430/2011)

Art. 34 Effluents from any kind of polluting source can only be released into water bodies, directly or indirectly, as long as they comply with the conditions and standards foreseen in this article, apart from other applicable demands:

§ 1 An effluent may not cause or have the potential to cause toxic effects on aquatic organisms that live in the receptor body, in accordance with the toxic criteria that have been established by the competent environmental organ.

~~§ 2 The toxic criteria foreseen by § 1 must be based on results from standardized ecotoxicological tests that use aquatic organisms and undertaken within the effluent.~~

§ 3 Water bodies which are not comprised by the conditions and quality standards foreseen by this Resolution and are not subjected to toxic restrictions related to aquatic organisms are not subject to the provisions of the previous paragraphs.

~~§ 4 Conditions related to effluent releases:~~

~~I – pH between 5 and 9;~~
~~II – temperature: under 40ºC, and temperature variations within the receptor body shall not exceed 3ºC in the mixing zone;~~
III – sedimentation substances: up to 1 mL/L in a one hour test using the Imhoff cone. For releases into lakes and lagoons with a circulation speed rate that is practically null, the sedimentation materials must be virtually absent;
~~IV – release rate with maximum flow of up to 1.5 times the medium flow of daily activity of the polluting agent, except in cases that have been authorized by the competent environmental organ;~~
~~V – Oils and greases:~~
~~1 – mineral oils: up to 20mg/L;~~
~~2 – vegetable oils and animal fats: up to 50mg/L; and~~
~~VI – absence of floating substances.~~

~~§ 5 Standards for effluent releases:~~

TABLE X –EFFLUENT RELEASES
STANDARDS

Inorganic Parameters	Max. Rates
Total arsenic	0,5 mg/L As
Total barium	5,0 mg/L Ba
Total boron	5,0 mg/L B
Total cadmium	0,2 mg/L Cd
Total lead	0,5 mg/L Pb
Total cyanide	0,2 mg/L CN
Copper dissolved	1,0 mg/L Cu
Total chromium	0,5 mg/L Cr
Total tin	4,0 mg/L Sn
Dissolved iron	15,0 mg/L Fe
Total fluoride	10,0 mg/L F
Manganese dissolved	1,0 mg/L Mn
Total mercury	0,01 mg/L Hg
Total nickel	2,0 mg/L Ni
Total ammonia nitrogen	20,0 mg/L N
Total silver	0,1 mg/L Ag
Total selenium	0,30 mg/L Se
Sulfide	1,0 mg/L S
Total zinc	5,0 mg/L Zn
Organic Parameters	Max. Rates
Chloroform	1,0 mg/L
Dichloroethene	1,0 mg/L
Phenolic compounds (substances that react with 4-aminoantipyrine)	Carbon tetrachloride
0,5 mg/L C6H5OH	1,0 mg/L
Trichloroethene	1,0 mg/L

Art. 35. Without prejudice to the provisions of item I § 1 of art. 24 of this Resolution, the competent environmental organ may, when the flow of the water body is below the reference flow rate, establish restrictions and set additional measures, exceptional and temporary, related to the release of effluents which may cause, among other possible consequences:

~~I – have acute toxic effects on aquatic organisms; or~~
~~II – undermines supply to the population.~~ (Revoked by Resolution 430/2011)

Art. 36. Apart from the requirements set by this Resolution and other applicable standards, effluents originating from health services and establishments that produce pathogenically micro-organic infected releases, can only be released after special organic treatment. (Revoked by Resolution 340/2011)

Art. 37. The release of effluents treated in the dry bed of intermittent water bodies are subjected to special conditions after the competent environmental organ has held consultations with the organ that manages water resources. (Revoked by Resolution 430/2011)

CHAPTER V
WATER ENVIRONMENT FRAMEWORK DIRECTIVES

Art. 38. The framework of water bodies follows the standards and procedures defined by the National Water Resources Council (CNHR) and the State Councils for Water Resources.

§ 1 The framework of a water body will be defined through the most restrictive preponderant water , current or intended.

§ 2 Water basins where the quality condition of the water bodies is not in harmony with intended preponderant uses will be subjected to compulsory goals, intermediary and final, aimed at the improvement of the water quality and the implementation of their respective frameworks, executed within the parameters that exceed limits due to natural conditions.

§ 3 Management actions related to the use of water resources such as the granting and charges for the use of water, or related to environmental management, the licensing, adjustment terms and the conduct and control of pollution must be based on the progressive, intermediary and final, goals approved by the competent organ for the respective hydrographic basin or specific water body.

§ 4 The progressive intermediary and final goals must be reached according to the reference flow, except in cases related to salt water or brackish basins or other water bodies where the reference flow is not applicable variable, which will be the object of specific studies on the dispersion and assimilation of pollutants in the water environment.

§ 5 The progressive mandatory goals may vary during the year for bodies with intermittent flow or a flow rate that significantly varies with seasons.

§ 6 Water bodies used for population water supply, their framework and the environmental licensing process for activities must preserve, mandatorily, the consumption conditions.

CHAPTER VI
FINAL AND TRANSITIONAL PROVISIONS

~~Art. 39 It is the duty of competent environmental organs to, whenever necessary; define the rates of virtually absent polluting agents.~~ (Revoked by Resolution 430/2011)

Art. 40. The specific standards for water quality and potability standards must be observed if they are destined for human consumption, without prejudice to the Provisions set by this Resolution.

Art. 41. The methods for the collection of analysis are specified by scientifically acknowledged technical standards.

Art. 42. Awaiting the approval of their respective framework, fresh waters will be considered class 2 waters, salt and brackish waters as Class 1, unless the actual quality conditions are better, which will imply the application of the most rigorous corresponding class.

Art. 43. Enterprises and other polluting activities which possess an Installation or Operational License on the date of publication of this Resolution, issued and not annulled, have a period of up to three years counted from the date of enforcement and at the criteria of the competent environmental organ, to adapt to the new conditions and standards, or more rigorous, foreseen by this Resolution.

~~§ 1 The entrepreneurs must present the competent environmental organ a schedule for the necessary measures for the fulfillment of the provisions of the heading of tis Resolution.~~

§ 2 The deadline foreseen in the heading of this article may, in exceptional and technically motivated cases, be extended by up to two years through the Conduct Adjustment Term, which will be published and a copy will be sent to the Public Ministry.

§ 3 The existing treatment installations must be operational, have the proper capacity, normal functions and any other characteristics for which they were approved in order to fulfill the provisions set by this Resolution.

§ 4 The contiguous release of process water or from production practices in oil platforms will be the object of a specific Resolution, except for the standard for the release of oils and greases which will be defined according to the provisions set by art. 34 of this Resolution, until a specific resolution is available. (Revoked by Resolution 430/2011)

~~Art. 44. CONAMA will, within the maximum period of one year , complement, where applicable, the conditions and standards for the release of effluents foreseen by this Resolution.~~ (Revoked by Resolution 430/2011)

Art. 45. Non-compliance with the provisions set by this Resolution will subject offenders to environmental organ, until sanctions foreseen by current legislation.

§ 1 Environmental organs and water resource managers, within their respective areas of competence, will inspect compliance with the provisions set by this Resolution, and when pertinent, the application of administrative penalties, without prejudice to the application of penal sanctions and to the civil responsibilities of the polluter.

§ 2 The demands and duties foreseen by this Resolution are characterized as obligations of relevant environmental interest.

Art. 46. The person responsible for sources, effective or potential, that pollute waters must present the respective competent environmental organ, until the 31st of March of every year, with a statement of the polluting charge of the previous year, signed by the enterprise’s head administrator and by the duly empowered responsible technician accompanied by the respective Record of Professional Responsibility.

§ 1 The above statement, that is the subject of the heading of this article must contain, among other data, the quantitative and qualitative characterization of the effluents, based on representative samples of the same, the state of maintenance of hardware and pollution control tools.

§ 2 The competent environmental organ may establish criteria and forms for the presentation of the statement mentioned in the heading of this article, including the possibility to exempt it in cases related to enterprises with low pollution potential. (Revoked by Resolution 430/2011)

Art. 47. The technical responsible that undertake studies and provide opinions presented to environmental organs are considered experts.

Art. 48. Non-compliance with the provisions set by this Resolution will subject offenders, among other, to sanctions foreseen by Law 9.605 from Feb. 12, 1998 and respective regulations.

Art. 49. This Resolution shall enter into effect on the date of its publication.

Art. 50. CONAMA Resolution 020 from June 18, 1986 is hereby revoked.

MARINA SILVA – CONAMA President

This text does not substitute the text published in the Official Gazette on March 18, 2005, Ratification published in Official Gazette 87 on May 9, 2005, page 44