It is a crime, not just a municipal infringement
Irregular disposal is a crime under Federal Law 9.605/1998, the Environmental Crimes Law. Article 54 covers causing pollution of any kind at levels that result or may result in harm to human health, or that cause the death of animals or significant destruction of flora.
The penalties involve imprisonment, detention or a fine, and vary according to the type of damage caused. Separately, each municipality has its own urban cleaning legislation, such as Law 13.478/2002 in São Paulo.
The part almost nobody knows: you remain liable
This is the most important thing on the page, and it catches out anyone doing building work.
Under the National Solid Waste Policy, Law 12.305/2010, the generator is jointly responsible for the final destination of the waste. Hiring a skip or a haulage company does not end your responsibility.
In practice: if the transporter you hired dumps your renovation rubble on an empty lot, you can be cited too. Saying you paid someone to remove it does not help.
That is why it is worth demanding proof of disposal and hiring a registered company. It is the difference between a cheap service and a problem that comes back with your name on it.
The free alternatives exist and are under-used
A good share of irregular dumping happens because people assume correct disposal is expensive. Frequently it costs nothing.
In São Paulo, for example, ecopontos accept up to 1 m³ at a time free of charge, equivalent to a thousand-litre water tank, or around 20 bags. They open Monday to Saturday 6am to 10pm, and Sundays and holidays 6am to 6pm.
There is also Cata-Bagulho, a free collection service for old furniture, damaged appliances, wood offcuts, tyres and unusable objects, run along predetermined routes.
Names and limits change from city to city, but the pattern repeats: almost every municipality has a free voluntary drop-off point for small volumes. Search for your own city before paying for anything.
Where to report it
- The prefeitura, through its urban maintenance channel or municipal app, which enforces the municipal legislation
- The metropolitan or municipal guard, where one exists
- The environmental military police, for large volumes, protected areas or hazardous waste
- The state environmental agency, where there is significant environmental damage
- Emergency services if there is fire, leakage or immediate risk. That is an emergency, not a report
What a report needs
- Exact location, preferably with coordinates. On an empty lot or a rural road an address does not do it
- Two photos: one close up showing the type of waste, one wider so the place can be found
- The type: construction rubble, furniture, tyres, prunings, drums, asbestos sheeting. It determines the competent body and the severity
- Approximate volume, with something visible for reference
- The date, and how long the spot has been used if you know
- Visible clues to origin, such as notes, labels or company identification. Do not rummage through the waste
What not to do
- Do not clear it before reporting. The intention is good and it destroys the evidence that would oblige someone to answer
- Do not handle drums, sealed bags or sheeting that might contain asbestos
- Do not add anything on top, however little. A dumping spot attracts others within days
- Do not assume someone has already reported it. That is the commonest reason nobody has
Why a public record helps
A cleared dumping spot gets used again with striking regularity. These places repeat for structural reasons: you can reach them by car, nobody sees at night, and the ecoponto is far away.
A single report gets one clearance. A dated, photographed history of the same spot is something else: it is the argument for a fence, a camera, a sign or a nearer drop-off point. On CleanSpot each record keeps a photo, a date and coordinates on a public map, and reopening the same spot when it happens again builds that series.
It does not replace reporting to the prefeitura and we do not present it as if it did. It is the evidence the case usually lacks.
Sources
What is the fine for irregular disposal in Brazil?
We do not publish a figure because the official sources we consulted do not. The prefeitura itself states that the penalty varies with the type of damage caused, and each municipality has its own legislation. Check with your own city.
I hired a skip. Is the company responsible?
Not only the company. Under Law 12.305/2010 the generator is jointly responsible for the final destination. If the transporter dumps irregularly, you can be cited too. Demand proof of disposal.
Is throwing rubbish in the street really a crime?
Irregular disposal is treated as a crime under Law 9.605/1998, with article 54 covering pollution capable of harming human health. Severity depends on the case and the damage.
Is correct rubble disposal expensive?
For small volumes it is usually free. In São Paulo ecopontos take up to 1 m³ or around 20 bags at no cost, and there is free bulky collection. Look for the equivalent service in your city.
Can I clear the spot myself?
Not before reporting and photographing it, or the evidence disappears. And do not touch drums, sealed bags or sheeting that might contain asbestos.