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The General Law for the Prevention and Integral Management of Wastes (the Waste Law) was published in Mexico’s Federal Official Gazette on October 8, 2003.1 While the Waste Law went into effect on January 6, 2004, several important regulations that provide essential guidance on compliance with the requirements of the law have only recently been published and gone into effect.2 This article outlines the basic requirements of the Waste Law, including those that detail the classification of wastes as hazardous.

Mexico’s Waste Law’s reach is broad and complete cover-age of the law is beyond the scope of this article. The law is overseen by the Secretariat of the Environment and Natu-ral Resources (Secretaría del Medio Ambiente y Recursos Naturales—SEMARNAT) and regulates the generation, characterization, and comprehensive management of haz-ardous waste, municipal solid waste, and special management waste; the identification and remediation of contaminated sites; the establishment of liabilities and responsibilities for generators, importers, exporters, dealers, consumers, waste management service providers, and government agencies; the promotion of waste minimization and characterization; and the requirements and prohibitions on the import and export of waste.

GOVERNMENT STRUCTUREThe Waste Law grants powers and creates responsibilities for Mexico’s federal, state, and municipal authorities, regarding all hazardous and nonhazardous waste.

FederalMexico’s federal government is responsible for enforcing national policy on waste, establishing the National Waste Pre-vention and Comprehensive Management Program and the Contaminated Site Remediation Program and developing official standards for the management of waste. The federal government is also responsible for issuing authorizations, standards, regulations, and all other legal provisions relat-ing to hazardous waste, as well as the control, oversight, and imposition of penalties and safety measures arising from the improper handling of waste.

StateMexican state governments are empowered to prepare and enforce state policy on waste by developing statewide waste programs. States also have authority over special manage-ment wastes. Special management wastes are defined as wastes generated during production processes that do not meet the definition of hazardous or municipal solid waste.

MunicipalMexico’s municipal governments are charged with managing municipal solid waste, including the issuance of applicable regulations and ordinances. They also grant authorizations and concessions to provide waste collection, transfer, treatment, and disposal services; establish a registry of large waste generators; and participate in the control and imposition of penalties on noncompliant microgenerators of hazardous waste.

DEFINITION OF HAZARDOUS WASTEThe Mexican Official Standard NOM-052-ECOL/19933

establishes the characteristics of hazardous waste, lists all wastes that are deemed hazardous, and sets all endpoints that identify waste as hazardous due to its environmental toxicity. The standard was published in Mexico’s Federal Official Gazette on October 22, 1993. After public comment, the rule was amended and expanded, and on June 23, 2006, NOM-052-SEMARNAT-2005 (NOM-052)4 was published in the Federal Official Gazette and is now the applicable standard for classifying wastes as hazardous in Mexico.

Section 6 of NOM-052 sets forth the procedure for determin-ing whether a waste is hazardous. According to this procedure, a waste is hazardous if it is included in any of the following lists:

• List 1: Classification of hazardous wastes per specific source.

• List 2: Classification of hazardous wastes per nonspecific source.

• List 3: Classification of hazardous wastes from the disposal of out of specification or expired products (i.e., acutely toxic wastes).

• List 4: Classification of hazardous wastes from the disposal of out of specification or expired products (i.e., chronically toxic wastes).

Daniel Basurto is the founding partner and shareholder of Lexcorp Abogados (Basurto y Arguijo S.C.) in Mexico City,

Mexico, and has been practicing environmental law for 20 years. Robert L. Soza, Jr., is shareholder at the San Antonio, TX, office of Jenkens & Gilchrist.

E-mail: dbasurto@lexcorp.com.mx; rsoza@jenkens.com.

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• List 5: Classification per type of wastes subject to specific handling conditions.

It should be mentioned that NOM-052 provides that the acutely toxic and chronically toxic wastes referred to above are not included among the analyses that must be made to determine whether a waste is hazardous.

If a waste is not included in any of the above lists, then it may nevertheless be regulated as follows:

A. Sludge and biosolids — regulated by NOM-004-SEMARNAT-2002.5

B. Polychlorinated biphenyls (PCBs) — regulated by NOM-133-SEMARNAT-2000.6

C. Maximum acceptable endpoints for hydrocarbons in soil — sub-ject to the provisions of NOM-138-SEMARNAT/SS-2003.7

D. Mine tailings — regulated by NOM-141-SEMARNAT-2003.8

If a waste is not listed or does not meet any of the characteristics above, then Sec-tion 7.1 of NOM-052 provides that a waste is hazardous if it meets at least one of the following characteristics:

• Corrosive• Reactive• Explosive• Environmentally Toxic• Flammable• Biological/Infectious

WASTE GENERATORSThe Waste Law defines a waste gen-erator as any individual or entity that produces waste through production processes or consumption. Generators are classified as

• Large generator. Individ-ual or entity generating an amount equal to or greater than 10 tons in total gross weight of waste per year in comprehensive waste man-agement activities.

• Small generator. Individual or entity generating at least 400 kg and less than 10 tons per year in total gross weight of waste.

• Microgenerator. An industrial, commercial, or service estab-lishment generating up to 400 kg of waste per year.

In general, all hazardous waste gen-erators are required to notify SEMAR-NAT of their waste-generating activities, and to identify, classify, and manage the waste in accordance with the law. Large and small generators are also required to

register with SEMARNAT, obtain environmental insurance, and, in the case of large generators, submit to SEMARNAT for consideration their hazardous waste management plans, including an annual volume recording log for waste. Microgenerators must transport their waste to authorized collection centers or contract this service to an authorized company, in addition to registering with the appropriate state or municipal authority.

MUNICIPAL SOLID WASTEMunicipal solid waste is defined as household waste gener-ated from the elimination of materials used in household

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activities, from products con-sumed and their containers or packaging, or from any other activity, provided it has house-hold characteristics or results from the cleaning of public ways and places and is not clas-sified otherwise. Municipal solid waste is subclassified for collection and final disposal as organic and inorganic.

Pursuant to article 99 of the Waste Law, states are charged with legislating on the generation, handling, and disposal of municipal solid waste, while munici-palities are responsible for undertaking the necessary actions for waste prevention, valorization/assessment, and management. This area of the law greatly impacts the construction industry and other industries that gener-ate large volumes of waste that can be classified as either municipal solid waste or the special management waste.

WASTE LAW REQUIREMENTSThe following is a description of the plans and programs required under Mexico’s Waste Law.

Waste Prevention and Management Programs

Waste management and prevention programs are developed by federal, state, and municipal governments

in the scope of their respective jurisdictions. These programs must be based on a Basic Diagnostic for Complete Waste Management, which consists of a study that looks at the quantity and composition of waste that is generated and the existing infrastructure for waste management.

Waste Management PlansThe Waste Law establishes a series of rules to determine who is required to prepare waste management plans, including all generators of hazardous waste, importers, exporters, and distributors of products that, upon disposal, become munici-pal solid waste or special management waste. These plans are intended to establish mechanisms to prevent or minimize the generation of waste, in addition to creating mechanisms for the characterization of existing waste.

Waste management plans must contain a list of wastes, as well as the amount that is estimated to be managed; a descrip-tion of the method(s) to be used for waste minimization and valorization/assessment; and the mechanisms for evaluation and improvement.

Public’s Right to KnowIt is also important to note that the Waste Law addresses the public’s right to information, establishing the govern-ing authority’s obligation to release information on waste inventories and reiterating the obligation to release all information requested by private interests pursuant to the Law of Transparency and Access to Governmental Public Information (Ley de Transparencia y Acceso a la Información Pública Gubernamental).9

AuthorizationFor a company to collect, store, reuse, recycle, treat, trans-port, and dispose of waste, it must have authorization to of-fer such services and also provide a sufficient guarantee to cover any damages that may occur during the performance of these services.

Handling Hazardous WasteThe requirements for handling hazardous waste are as follows:

A. Packaging and containers that have contained haz-ardous waste must also be regarded as hazardous waste, except for those materials that are subject to treatment for reuse, recycling, or final disposal.

B. Under no circumstances may containers and pack-aging used to store or transport hazardous materi-als be used to store water, food, or other products intended for human or animal consumption.

C. The storage of hazardous waste is prohibited for periods of more than six months from generation. The period is not deemed interrupted when the waste holder changes the storage location.

D. Generators that recycle hazardous waste at the same location where the waste is generated must present to SEMARNAT a technical report, includ-ing the procedures, methods, or techniques with which the processes are undertaken.

SITE REMEDIATIONThe Waste Law states that remediation programs must be formu-lated in the event of site pollution arising from an environmental emergency or in case of environmental liability. An environ-mental emergency is defined as any event or circumstance that is undesirable or unexpected, resulting in fire or explosion of one or more hazardous wastes or materials, and adversely affects the environment and/or human health. Moreover, the recently published regulations establish site remediation proposals for emergencies and environmental contamination, which contain specific requisites, including the techniques or remediation processes to be applied and equipment to be implemented. The requisites of remediation proposals are contained in article 143 of the draft regulations for the General Law for the Prevention and Integral Management of Wastes.10

REFERENCES1. General Law for the Prevention and

Integral Management of Wastes. (Ley General para Prevención y Gestión Integral de Residuos). Published in Mexico’s Fed-eral Official Gazette on October 8, 2003. The Law went into effect on January 6, 2004.

2. Regulations for the General Law for the Prevention and Integral Manage-ment of Wastes. Published in Mexico’s Federal Official Gazette on November 30, 2006.

3. Mexican Official Standard NOM-052-SEMARNAT-1993. Published in Mexico’s Federal Official Gazette on October 22, 1993.

4. Mexican Official Standard NOM-052-SEMARNAT-2005. Published in Mexico’s Federal Official Gazette on June 23, 2006.

5. Mexican Official Standard NOM-004-SEMARNAT-2002. Published in Mexico’s Federal Official Gazette on August 15, 2003.

6. Mexican Official Standard NOM-133-SEMARNAT-2000. Published in Mexico’s Federal Official Gazette on De-cember 10, 2001. A modification to this NOM was published in Mexico’s Federal Official Gazette on March 5, 2003.

7. Mexican Official Standard NOM-138-SEMARNAT/SS-2003. Published in Mexico’s Federal Official Gazette on March 29, 2005.

8. MexicanOfficialStandardNOM-141-SEMARNAT-2003.PublishedinMexico’sFederal Official GazetteonSeptember13,2004.

9. Law ofTransparency andAccess toGovernmentalPublic Information (Ley Federal de Transparencia y Acceso a la Información Pública Gubernamental). Published inMexico’sFederal Official Gazette onJune11,2002.Lastmodifica-tionwaspublishedinMexico’sFederal Official GazetteonJune6,2006.

10. RegulationsfortheGeneralLawforthePrevention and IntegralManagementofWastes,Article 143. Published inMexico’sFederal Official Gazette onNovember30,2006.

11. GeneralLawofEcologicalEquilibriumandEnvironmentalProtection(Ley Gen-eral de Equilibrio Ecologico y Protec-cion al Ambiente). PublishedinMexico’sFederal Official GazetteonJanuary28,1988.

12. NationalWaters Law (Ley de Aguas Nacionales). Published inMexico’sFederal Official Gazette onDecember1,1992.LastmodificationswerepublishedinMexico’sFederal Official GazetteonApril29,2004.

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LIABILITY FOR CONTAMINATED SITESWith respect to soil pollution, the law requires the remedia-tion of damage by those responsible for the pollution, aside from any criminal and administrative penalties that may also apply. In addition, the law has the unique and broad prohibi-tion of the sale of land contaminated by hazardous materials or waste, except when SEMARNAT grants special authoriza-tion. In cases where the site is abandoned and the owner or lease-holder is unknown, SEMARNAT, in conjunction with the state and municipality, is required to undertake the reme-diation actions necessary for site recovery and remediation. Note that the owners or occupiers of property whose soils are contaminated are jointly liable for undertaking any necessary remediation actions, without prejudice to their right to assert liability against the person who caused the contamination.

CONCLUSIONIt is important to note that while Mexico began its ambi-tious program to create a comprehensive environmental regulatory program back in the 1980s with the passage of the General Law of Ecological Equilibrium and Environmental Protection (Ley General de Equilibrio Ecologico y Protec-cion al Ambiente),11 the follow up infrastructure for this program has been very slow to develop. For example, except for hydrocarbons in soil, there are no cleanup standards for remedying contaminated sites in Mexico, and all other remediation requirements are determined on a case-by-case

basis. Furthermore, there is no uniform enforcement of the requirements of existing laws and many of the federal envi-ronmental laws provide contrary requirements. For example, the National Waters Law (Ley de Aguas Nacionles)12 and the Waste Law include contrary requirements. SEMARNAT is currently working to coordinate these two important federal laws. Finally, it should be noted that the regulatory underpin-nings of all of this legislation are still undeveloped and, if the pace of past legislation is any guide, it will be many years before the required regulations will be complete.

Despite these undeveloped areas, the requirements of Mexico’s Waste Law will assist environmental professionals as they perform due diligence on Mexican companies or as they expand or establish new business ventures in Mexico. Waste stream identification, classification, and minimization are all now required under the law, thus making this information readily available for review and inspection. Additionally, these requirements create a need for companies to provide services that will assist the regulated community in complying with the new requirements, and such infrastructure is critical to assist companies in their compliance with the new requirements. While there are many complaints that can be made about the Mexican environmental infrastructure—the most significant of these criticisms is the inconsistent nature of regulatory enforcement—Mexico is undeniably advancing toward the goal of a comprehensive environmental regulatory environment. em

February 5-7, 2007 | Toronto Airport Hilton Hotel | Toronto, Ontario, Canada

International Process and TechnologyInnovations for Effective Waste Management

This conference will examine evolving worldwide best practices as they apply to North American waste management challenges. Speakers from Sweden, Italy, Brazil,China, the Netherlands, and other nations will provide diverse perspectives on alternativetechnologies and innovative processes. Four half-day sessions will provide:

• An overview of the complex problems that must be addressed in municipal waste management;

• A critical look at evolving technologies that are revolutionizing the field;

• Effective processes for minimizing waste and;

• The complex perspectives involved in the waste management decision-making process.

This conference will be of interest to municipal government workers and technical staff, provincial regulatory personnel, those who work for ENGOs, academics,and consultants.

For more information, visit www.awma.org/events.

Copyright 2007 Air & Waste Management Association