ÁREA CONTAMINADA EM OBRA DE CONSTRUÇÃO DE TÚNEL NO MUNICÍPIO DE SÃO PAULO E O PROCESSO DE JUDICIALIZAÇÃO POR DANO AMBIENTAL

Contamination of a tunnel construction work in the municipality of São Paulo and environmental damage judicialization process

Abstract

The objective of this monography is to study the case of a BTEX compound contamination by a fuel station and its effects on a large movement road work in Sao Paulo city, ultimately aiming to prevent similar occurrences. Analysis of environmental agency documents and local inspections were performed for research. The work was formally entertained under previous environmental license conditions. The area is located on top of quaternary sediments, and a free aquifer with shallow water level. During the execution in 2004, the presence of contaminants was detected, bringing harm to the municipality and putting workers at risk. After the works execution, fuel station tanks were removed and an intervention plan was designed, to shift to residential and commercial uses. This paper concludes that new legislation - enacted between 2009 and 2013 - may be regarded as advancements, by imposing compulsory soil analysis in the environmental licensing process. The Municipal Urbanization Agency took a legal action in 2004 demanding damage repairs. The lawsuit was upheld in first instance and is currently under analysis. However, the prevention of new occurrences still relies on development inspection and environmental control.

Keywords: Contamination. Fuel station. btex compound. Public work. Legal action.