General Law for the Prevention and Integral Management of Waste

GENERAL LAW FOR THE PREVENTION AND COMPREHENSIVE MANAGEMENT OF WASTE

Official Journal of the Federation October 8, 2003

Last reform published DOF 22-05-2015

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:

GENERAL LAW FOR THE PREVENTION AND COMPREHENSIVE MANAGEMENT OF WASTE

TITLE FIRST

GENERAL PROVISIONS

ONLY CHAPTER

OBJECT AND SCOPE OF LAW

Article 1.- This Law is a regulation of the provisions of the Political Constitution of the United Mexican States that refer to the protection of the Environment in the field of prevention and integral waste management, in the national territory.

Its provisions are of public order and social interest and aim to guarantee the right of every person to the healthy environment and to foster development sustainable through the prevention of the generation, the valorization and the integral management of the hazardous wastes, of the solid urban solid waste and of special handling; to prevent the contamination of sites with these wastes and to carry out their remediation, as well as setting the bases for:

I. Apply the principles of valorization, shared responsibility and integral waste management, under environmental, technological, and environmental efficiency criteria, economic and social, which should be considered in the design of environmental policy instruments, programmes and plans for waste management;

II. Determine the criteria to be considered in the generation and integral management of the waste, to prevent and control the contamination of the environment and the protection of human health;

III. To establish coordination mechanisms that, in the field of prevention of generation, recovery and integral waste management, correspond to the Federation, the Federative Entities and the municipalities, under the principle of concurrency provided for in Article 73 fraction XXIX-G of the Political Constitution of the United Mexican States;

IV. Formulate a basic and general classification of waste that allows one to unify its inventories, as well as to guide and encourage the prevention of its generation, recovery and development of integral management systems of the same;

V. Regular the generation and comprehensive handling of hazardous waste, as well as establishing the provisions that will be considered by local governments in the Regulation of the waste to which this Law falls within its competence;

VI. Define the responsibilities of producers, importers, exporters, traders, consumers and authorities of different levels of government, as well as service providers in the integral management of waste;

VII. Encourage the recovery of waste, as well as the development of product markets, under environmental, technological and economic efficiency criteria; and appropriate funding schemes;

VIII. To promote the participation of all social sectors, in actions aimed at preventing the generation, recovery and comprehensive management of environmentally sound, as well as technologically, economically and socially viable waste, in accordance with the provisions of this Act;

IX. Create a system of information regarding the generation and integral management of hazardous waste, urban solids and special handling, as well as contaminated and remediated sites;

X. Prevent contamination of sites by materials and waste management, as well as define the criteria to which their remediation will be subject;

XI. Regular import and export of waste;

XII. Strengthen scientific research and development, as well as technological innovation, to reduce waste generation and design alternatives for their treatment, geared to cleaner production processes, and

XIII. Establish control measures, corrective and security measures to ensure compliance and enforcement of this Law and the provisions resulting from it, as well as for the imposition of appropriate penalties.

Article 2.- In the formulation and conduct of the policy on prevention, recovery and comprehensive management of the waste referred to in this Law, the issuing of legal provisions and the issuance of acts resulting from it, as well as in the generation and integral handling of waste, as appropriate, the following principles shall be observed:

I. The right of every person to live in an environment suitable for their development and well-being;

II. Holding activities related to the generation and integral management of waste to the modalities that dictate the public order and interest for the achievement of sustainable national development;

III. The prevention and minimization of the generation of waste, its release to the environment, and its transfer from one medium to another, as well as its management integral to avoid health risks and damage to ecosystems;

IV. Corresponds to who generates waste, the assumption of costs arising from the integral management of the waste, and, where appropriate, the repair of the damage;

V. The shared responsibility of producers, importers, exporters, marketers, consumers, waste management and service companies the authorities of the three orders of government is essential to ensure that the integral management of the waste is environmentally efficient, technologically viable and economically feasible;

VI. The recovery of waste for use as inputs in productive activities;

VII. Public access to information, environmental education and training, to achieve the prevention of generation and sustainable management of the wastes;

VIII. The final disposal of limited waste only to those whose recovery or treatment is not economically viable, technologically feasible and environmentally suitable;

IX. The selection of sites for the final disposal of waste in accordance with official Mexican standards and with the ecological and environmental management programs urban development;

X. The immediate realization of remediation actions for contaminated sites, to prevent or reduce imminent health and environmental risks;

XI. Clean production as a means to achieve sustainable development, and

XII. Valorization, shared responsibility and comprehensive waste management, applied under conditions of environmental, technological, economic and social, in the design of instruments, programmes and environmental policy plans for waste management.

In all that is not provided for in this Law, the provisions contained in other laws relating to the subject matter which regulates this ordering.

Article 3.- They are considered to be public utility:

I. The measures necessary to prevent the deterioration or destruction that natural elements may suffer, to the detriment of the collectivity, for the liberation the waste environment;

II. The execution of works for the prevention, conservation, environmental protection and remediation of contaminated sites, when these are essential to reduce health risks;

III. The emergency measures that the authorities apply in case of a chance or force majeure, in the case of contamination by hazardous waste, and

IV. Emergency actions to contain health risks arising from waste management.

The measures, works and actions referred to in this article shall be subject to the procedures laid down by the laws in the matter and to the Regulation of the Law.

Article 4.- Except for the application of this Law, radioactive waste, which will be subject to the specific orders resulting from the applicable.

Article 5.- For the purposes of this Act it is understood by:

I. Infectious Agent: Microorganism capable of causing a disease if conditions are met for it, and whose presence in a residue makes it dangerous;

II. Use of Waste: A set of actions aimed at recovering the economic value of waste through reuse, remanufacturing, redesign, recycling and recovery of secondary or energy materials;

III. Characterization of Contaminated Sites: It is the qualitative and quantitative determination of the chemical or biological contaminants present from hazardous materials or waste, to estimate the magnitude and type of risks involved in such pollution;

IV. Co-processing: Environmentally safe integration of waste generated by a known industry or source, as input to another production process;

V. Final Disposition: Action to permanently deposit or confine waste to sites and facilities whose characteristics allow preventing their release to the the environment and the consequent effects on the health of the population and the ecosystems and their elements;

VI. Envase: Is the component of a product that meets the function of containing and protecting it for distribution, marketing, and consumption;

VII. Environmental Risk Assessment: A methodological process to determine the likelihood or potential for adverse effects, as a consequence the exposure of the living beings to the substances contained in the hazardous waste or infectious agents that form them;

VIII. Generation: Action to produce waste through the development of production or production processes;

IX. Generator: Physical or moral person producing waste, through the development of production or production processes;

X. Integral Waste Management: Articulated and interrelated set of regulatory, operational, financial, planning, administrative, social, and related actions education, monitoring, monitoring and evaluation, for waste management, from generation to final disposal, in order to achieve environmental benefits, the economic optimization of its management and its social acceptance, responding to the needs and circumstances of each locality or region;

XI. Manager: A physical or moral person authorized in the terms of this order, to perform the provision of the services of one or more of the activities Comprehensive waste management;

XII. Great Generator: Physical or moral person generating an amount equal to or greater than 10 tons in total gross waste weight per year or its equivalent in another unit of measure;

XIII. Incineration: Any process to reduce the volume and decompose or change the physical, chemical or biological composition of a solid, liquid or gaseous, by thermal oxidation, in which all combustion factors, such as temperature, retention time and turbulence, can be controlled in order to achieve the efficiency, effectiveness and environmental parameters previously established. This definition includes pyrolysis, gasification and plasma, only when the fuel by-products generated in these processes are subjected to combustion in an oxygen-rich environment;

XIV. Waste Inventory: Database in which the generation volumes of the different waste, which is integrated, are sorted and sorted. from the information provided by the generators in the formats established for that purpose, in accordance with the provisions of this order;

XV. Law: General Law for the Prevention and Integral Management of Waste;

XVI. Lixiviate: Liquid that is formed by the reaction, entrainment or filtering of the materials that constitute the waste and which contains in dissolved form or in suspension, substances that can infiltrate soils or drain out of sites where waste is deposited and which can lead to soil and water contamination, causing deterioration and posing a risk potential for human health and other living organisms;

XVII. Integral Management: Reduction activities at source, separation, reuse, recycling, co-processing, biological, chemical, physical or thermal, storage, storage, transport and final disposal of waste, individually carried out or combined in an appropriate manner, in order to adapt to the conditions and needs of each place, meeting objectives of recovery, efficiency health, environmental, technological, economic and social;

XVIII. Material: Substance, compound or mixture thereof, used as input and is a component of consumer products, packaging, packaging, packaging and the waste they generate;

XIX. Microgenerator: Industrial, commercial or service establishment generating a quantity of up to four hundred kilograms of hazardous waste per year or its equivalent in another unit of measure;

XX. Small Generator: Physical or moral person generating an amount equal to or greater than four hundred kilograms and less than ten tons in total gross weight of waste per year or its equivalent in another unit of measure;

XXI. Management Plan: Instrument that aims to minimize generation and maximize the recovery of solid urban waste, waste of special management and specific hazardous waste, under criteria of environmental, technological, economic and social efficiency, based on the Basic Diagnosis for Integral Waste Management, designed under the principles of shared responsibility and management comprehensive, which considers the set of actions, procedures and viable means and involves producers, importers, exporters, distributors, traders, consumers, users of by-products and large waste generators as appropriate, as well as the three levels of government;

XXII. Productive Process: Set of activities related to the extraction, profit, processing, processing and/or use of materials for producing goods and services;

XXIII. Clean Production: Productive process in which methods, techniques and practices are adopted, or incorporate improvements, aimed at increasing efficiency Environmental protection in terms of the use of energy and inputs and the prevention or reduction of waste generation;

XXIV. Product: Well that they generate the productive processes from the use of primary or secondary materials. For the purposes of management plans, a packaged product comprises its ingredients or components and its packaging;

XXV. Programs: Ordered series of activities and operations required to achieve the objectives of this Act;

XXVI. Recycling: Transforming the waste through different processes that allow it to restore its economic value, thus avoiding its final disposition, provided that this refund favours energy and raw material savings without prejudice to health, ecosystems or their elements;

XXVII. Regulation: The Regulation of this Law;

XXVIII. Remediation: Set of measures to which contaminated sites are subjected to remove or reduce contaminants to a safe level for the health and the environment or prevent their spread in the environment without modifying them, in accordance with what is established in this Law;

XXIX. Residue: Material or product whose owner or holder is disposed of and is in solid or semi-solid state, or is a liquid or gas contained in containers or deposits, and which may be capable of being valued or required to be subject to treatment or final disposal in accordance with the provisions of this Law and other arrangements resulting therefrom;

XXX. Special Management Waste: They are those generated in the productive processes, which do not gather the characteristics to be considered dangerous or as urban solid waste, or which are produced by large urban solid waste generators;

XXXI. Incompatible Waste: Those who come into contact or are mixed with water or other materials or waste, react by producing heat, pressure, Fire, particulate matter, gas or harmful vapours;

XXXII. Hazardous wastes: They are those that possess some of the characteristics of corrosivity, reactivity, explosiveness, toxicity, flammability, or that contain infectious agents which entrust them with danger, as well as containers, containers, packaging and soils which have been contaminated when transferred to another site, in accordance with the provisions of this Law;

XXXIII. Urban Solid Waste: The generated in the homes, resulting from the removal of the materials they use in their activities domestic, of the products they consume and of their packaging, packaging or packaging; the waste which comes from any other activity within establishments or on the public road which generates waste with household characteristics; and resulting from the cleaning of public roads and places, provided they are not considered by this Law as other types of waste;

XXXIV. Shared responsibility: Principle by which it is recognized that solid urban solid waste and special handling are generated from the carrying out activities that meet the needs of society, through chains of value production, process, packaging, distribution, consumption of products, and that, consequently, their integral management is a social responsibility and requires joint, coordinated and differentiated participation of producers; distributors, consumers, users of by-products, and all three government orders as appropriate, under a market feasibility and environmental, technological, economic and social efficiency scheme;

XXXV. Reuse: The use of a previously used material or residue, without a process of transformation;

XXXVI. Risk: Probability or possibility that management, release to the environment and exposure to a material or residue, cause adverse effects in the human health, in other living organisms, in water, air, soil, in ecosystems, or in property and property belonging to individuals;

XXXVII. Secretariat: Secretariat of Environment and Natural Resources;

XXXVIII. Primary Separation: Action to segregate the urban solid waste and special management in organic and inorganic, in the terms of this Law;

XXXIX. Secondary Separation: Action of segregating the urban solid waste and special handling that are inorganic and capable of being valorized in the terms of this Act;

XL. Contaminated site: Place, space, soil, body of water, installation, or any combination of these that has been contaminated with materials or waste that, for their quantities and characteristics, they may pose a risk to human health, to living organisms and to the use of property or property of persons;

XLI. Treatment: Physical, chemical, biological or thermal procedures, by which the characteristics of the waste are changed and their volume or dangerousness;

XLII. Termolysis: Thermal process to which residues are subjected in the absence of, or in the presence of minimal amounts of oxygen, which includes pyrolysis in the which produces a combustible organic fraction formed by gaseous and liquid hydrocarbons, as well as coal and an inorganic phase formed by reduced metallic and non-metallic solids, and the gasification that demands higher temperatures and produces Gases susceptible to combustion;

XLIII. Sterilisation treatments: Procedures that allow, by means of thermal radiation, the death or inactivation of the infectious agents contained in hazardous waste;

XLIV. Valorization: Principle and set of associated actions whose objective is to recover the remaining value or the calorific power of the materials that compose waste, through its reintegration into productive processes, under shared responsibility, comprehensive management and environmental, technological and economic efficiency, and

XLV. Vulnerability: Set of conditions that limit the capacity of defense or buffer to a threat situation and confer on populations human, ecosystem and property, a high degree of susceptibility to adverse effects that may result in the handling of materials or waste, which due to its intrinsic volumes and characteristics, are capable of causing damage to the environment.

TITLE SECOND

DISTRIBUTION OF COMPETENCIES AND COORDINATION

ONLY CHAPTER

ATTRIBUTIONS OF THE THREE GOVERNANCE AND COORDINATION BETWEEN DEPENDENCIES

Article 6.- The Federation, the federative entities and the municipalities, shall exercise their powers in the field of prevention of generation, exploitation, comprehensive waste management, site contamination prevention and remediation, in accordance with the distribution of competencies provided for in this Law and other legal systems.

Article 7.-They are Federation faculties:

I. Formulate, conduct and evaluate national waste policy as well as develop the National Program for the Prevention and Comprehensive Management of Waste Waste, the National Program for the Prevention and Integral Management of the Waste of Special Management and the National Remediation Program of Contaminated Sites and coordinate its implementation with the federal entities and municipalities, in the framework of the National Democratic Planning System, as set out in Article 25 of The Political Constitution of the United Mexican States;

II. Exorder regulations, Mexican official regulations and other legal provisions to regulate the comprehensive handling of hazardous waste, its classification, prevent contamination of sites or carry out their remediation when it occurs;

III. Exorder regulations, Mexican official regulations and other legal provisions to regulate the integral handling of waste from industry Mineral-metallurgical which corresponds to its competence in accordance with this Law and the Mining Law;

IV. Issue Mexican official standards regarding environmental performance that should prevail in the integral management of solid urban solid waste and special handling;

V. Exasking Mexican official standards to establish the criteria for determining which waste will be subject to management plans, including listings of these, and specify the procedures to be followed in the establishment of such plans;

VI. Exorder Mexican official standards that establish, among others, the environmental and technological efficiency criteria that materials must meet with products, packaging, packaging and packaging of plastics and expanded polystyrene, which when discarded are converted into waste. Those standards shall consider the principles of reduction, recycling and reuse in the management of these standards.

VII. The regulation and control of hazardous waste from small generators, large generators or micro-generators, when the latter does not are controlled by the federative entities;

VIII. Regular environmental aspects relating to the transport of hazardous waste;

IX. Verify the compliance of the regulations in the matters of your competence and impose the corrective, security and sanctions measures that in your case correspond;

X. Celebrate conventions with the governments of the federative entities to participate in the authorization and control of the hazardous waste generated by microgenerators, and provide technical assistance to them;

XI. Authorize the comprehensive handling of hazardous waste, as well as the provision of the corresponding services, in accordance with the provisions of this Law;

XII. Promote, in coordination with the governments of the federative entities, the municipalities, other dependencies and entities involved, the creation of infrastructure for the integral management of waste with the participation of investors and representatives of the social sectors concerned;

XIII. Authorize the import, export or transit of hazardous waste by the national territory, as provided for in this Law;

XIV. Establish and operate, within the framework of the National Civil Protection System, in coordination with the governments of the federal entities and the municipalities, the system for the prevention and control of environmental contingencies and emergencies related to waste management;

XV. Promote research, development and application of technologies, equipment, materials, systems and processes that prevent, reduce, minimize and/or eliminate the release to the environment and transfer, from one to another of its elements, of pollutants from the integral management of the waste;

XVI. Promote the participation of industrial, commercial and other productive activities, public groups and organizations, academic, research, private and social, in the design and implementation of actions to prevent the generation of waste, and to carry out its proper comprehensive management, as well as the prevention of contamination of sites and their remediation;

XVII. Promote the continuous education and training of people, groups or organizations from all walks of life, with the aim of modifying the negative habits for the environment of the production and consumption of goods;

XVIII. Integrate, within the National System of Environmental and Natural Resources Information, which establishes the General Law of Ecological Balance and Protection The Environment, national information subsystems on integral waste management;

XIX. Formulate, establish and evaluate the environmental management systems of the Federal Government that apply public administration agencies and agencies federal;

XX. Subscribe agreements or agreements with industrial, commercial and other productive activities, social groups and organizations, public or private, to carry out actions aimed at meeting the objectives of this Law;

XXI. Design and promote voluntary mechanisms and actions to prevent and minimize waste generation, as well as site contamination;

XXII. Design and promote the establishment and application of economic, fiscal, financial and market incentives to the competent agencies, which they have in order to promote the recovery, the integral and sustainable management of the waste, the remediation of sites contaminated with them, as well as to prevent or prevent the generation of waste and the contamination of sites by these;

XXIII. Promote and implement in collaboration with the federal and municipal entities economic instruments that encourage the development, adoption and deployment of technology and materials that support the reduction, reuse, and recycling of waste;

XXIV. Promote, disseminate and facilitate access to information to all sectors of society on the risks and effects on the environment and human health materials, packaging, packaging and packaging that when discarded are converted into waste, in collaboration and coordination with the governments of the federative entities, municipalities, other agencies and entities involved;

XXV. Determine the indicators that allow to evaluate the application of this order, and integrate the results into the Environmental and Information System Natural Resources;

XXVI. To assist with the federative entities for the implementation of programs for the prevention and integral management of the waste, granting assistance technique;

XXVII. Issue Mexican official rules to prevent contamination by waste whose final disposal may cause salinization and excessive increases organic load in soils and bodies of water;

XXVIII. To call on federative entities and municipalities, as appropriate, for the development of joint waste strategies to allow for solution of problems that affect them, and

XXIX. The others to be established in this and other applicable legal orders.

Article 8.- The privileges that this Law confers on the Federation, shall be exercised by the Federal Executive, through the Secretariat, except those that directly correspond to the President of the Republic by express provision of law.

When due to the characteristics of the subjects covered by this Law and in accordance with the Organic Law of the Federal Public Administration or other provisions The Secretariat shall exercise its powers in coordination with those applicable.

The offices and entities of the Federal Public Administration, exercising powers entrusted to them by other orders whose provisions relate to the purpose of this Law, shall adjust its exercise to the criteria, regulations, Mexican official rules, and other legal provisions deriving from this order.

Article 9.- They are the powers of the Federative Entities:

I. Formulate, conduct and evaluate state policy, as well as develop in a coordinated manner with the Federation the management waste programs special, according to the National Program for the Prevention and Integral Management of Waste, the National Program for the Prevention and Integral Management of the Waste of Special Management and the National Program for Remediation Of Contaminated Sites, in the framework of the National Democratic Planning System, established in the Article 25 of the Political Constitution of the United Mexican States;

II. Exorder in accordance with their respective privileges, and in accordance with the provisions of this Law, in coordination with the Federation and in accordance with the National Program for the Prevention and Integral Management of Waste, the National Program for the Prevention and Integral Management of Special Management Waste and the National Contaminated Sites Remediation Program (a) the legal basis for compliance with their circumstances In particular, in the field of handling of waste of special handling, as well as the prevention of contamination of sites with such waste and their remediation;

III. Authorize the comprehensive handling of special handling waste, and identify those within its territory that may be subject to management plans, in coordination with the Federation and in accordance with the National Program for the Prevention and Comprehensive Management of Waste, the National Program for the Prevention and Integral Management of the Waste of Special Management and the National Program of Remediation Of Contaminated Sites;

IV. Verify compliance with the legal instruments and provisions referred to in the previous fraction on special handling waste and impose the applicable sanctions and security measures;

V. Authorizing and carrying out the control of hazardous waste generated or managed by micro-generators, as well as imposing the appropriate sanctions, of an agreement with the applicable regulations and establishing the conventions to be signed with the Secretariat and the municipalities, as provided for in Articles 12 and 13 of this order;

VI. Establish the registration of management plans and programs for the installation of systems intended for collection, collection, storage, transportation, treatment, recovery and final disposal, in accordance with the guidelines set out in this Law and the official Mexican rules that will be issued in the area of their jurisdiction;

VII. Promote, in coordination with the Federal Government and the authorities concerned, the creation of infrastructure for the integral management of waste urban solids, special handling and hazardous waste, in federal entities and municipalities, with the participation of investors and representatives of the social sectors concerned;

VIII. Promote municipal programs for the prevention and comprehensive management of waste from its competition and the prevention of contamination of sites with such waste and its remediation, with the active participation of stakeholders;

IX. Participate in the establishment and operation, within the framework of the National Civil Protection System and in coordination with the Federation, of a system for the prevention and control of contingencies and environmental emergencies arising from the management of waste from their competence;

X. Promote research, development and application of technologies, equipment, materials, systems and processes that prevent, reduce, minimize and/or eliminate the release to the environment and transfer, from one to another of its elements, of pollutants from the integral management of the waste of its competence;

XI. Promote the participation of the private and social sectors in the design and implementation of actions to prevent the generation of waste management special, and to carry out its proper comprehensive management, as well as for the prevention of contamination of sites with these wastes and their remediation, in accordance with the guidelines of this Law and the corresponding Mexican official standards;

XII. Promote the continuing education and training of people and groups or organizations from all walks of life, with the aim of contributing to the change of negative habits for the environment, in the production and consumption of goods;

XIII. To assist with the Federal Government in the integration of the national information subsystems on the comprehensive waste management of their competition;

XIV. Formulate, establish and evaluate the state government's environmental management systems;

XV. Subscribe agreements and agreements with industrial, commercial and other productive activities, private and social groups and organizations, to carry out actions aimed at meeting the objectives of this Law, in the areas of its competence;

XVI. Design and promote the establishment and application of economic, fiscal, financial and market instruments to the competent agencies, which to prevent or prevent the generation of waste, its recovery and its comprehensive and sustainable management, as well as to prevent contamination of sites by waste and, where appropriate, its remediation;

XVII. Regular and establish the basis for the collection for the provision of one or more of the services of integral handling of special handling waste through Transparent mechanisms that induce minimisation and allow the allocation of revenues corresponding to the strengthening of the respective infrastructure;

XVIII. Submit for consideration by the Secretariat, the programs for the establishment of systems for the integral management of waste of special handling and the construction and operation of sanitary fillers, in order to receive technical assistance from the Federal Government for this purpose;

XIX. To assist in the promotion of the prevention of contamination of sites with hazardous materials and wastes and their remediation;

XX. Determine the indicators that allow to evaluate the application of this order, and integrate the results into the Environmental and Information System Natural Resources, and

XXI. The others to be established in this Law, the Mexican official rules and other applicable legal orders.

The congress of the states, according to their respective constitutions and the Legislative Assembly of the Federal District, will issue the legal provisions that are necessary to regulate the matters of their competence provided for in this Law.

The councils on their part, will dictate the police and good government, the regulations, circulars and administrative provisions that correspond, so that in their respective constituencies are met with the provisions of this order.

Article 10.-The municipalities are responsible for the integral management of urban solid waste, which consists of the collection, transfer, treatment, and its final disposition, in accordance with the following powers:

I. Formulate, by itself or in coordination with the federative entities, and with the participation of representatives of the different social sectors, the Programs Municipal for the Prevention and Integral Management of Urban Solid Waste, which must observe the provisions of the State Program for the Prevention and Integral Management of the corresponding Waste;

II. Issue the regulations and other legal administrative provisions of general observance within their respective jurisdictions, in order to give compliance with the provisions of this Law and the legal provisions issued by the relevant federal entities;

III. Control urban solid waste;

IV. Prestar, by itself or through managers, the public service of integral management of urban solid waste, observing the provisions of this Law and the State legislation on the subject;

V. Grant the authorizations and concessions of one or more of the activities that comprise the provision of the comprehensive waste management services urban solids;

VI. Establish and keep track of the registration of large urban solid waste generators;

VII. Verify compliance with the provisions of this Law, Mexican official standards and other legal systems for urban solid waste and impose sanctions and security measures that are applicable;

VIII. Participate in the control of hazardous waste generated or managed by micro-generators, as well as impose the penalties that come, according to the applicable regulations and the provisions of the conventions to be signed with the governments of the respective federal entities, in accordance with the provisions of this Law;

IX. Participate and apply, in collaboration with the federation and state government, economic instruments that encourage the development, adoption and deployment of Technology and materials that favor the integral management of urban solid waste;

X. To assist in the prevention of contamination of sites with hazardous materials and waste and their remediation;

XI. To make the payment for the payment of the services of integral management of urban solid waste and to allocate the income to the operation and the strengthening of the same, and

XII. The others to be established in this Law, the Mexican official rules and other applicable legal systems.

Article 11.- It is up to the Federal District Government to exercise the powers and obligations that this system confers on the Federal District and the municipalities.

Article 12.- The Federation, through the Secretariat, may subscribe with the governments of the federal entities conventions or coordination agreements, for the purpose of assuming the following functions, in accordance with the provisions of this Law and with applicable local law:

I. The authorization and control of activities performed by micro-generators of hazardous waste in accordance with official Mexican standards corresponding;

II. The control of hazardous waste that is subject to management plans, in accordance with the provisions of this Law;

III. Setting and updating records that correspond to previous cases, and

IV. The imposition of applicable sanctions, related to the acts referred to in this article.

Article 13.- The agreements or agreements signed by the Federation with the federal entities, with the participation, if any, of their municipalities, for the compliance with the purposes referred to in the previous article, shall be in accordance with the provisions of Article 12 of the General Law of Ecological Equbook and Protection of the Environment.

The instruments referred to in this article shall be published in the Official Journal of the Federation and in the institution's official publication The appropriate federative, for their legal effects.

Article 14.- The governments of the federative entities will be able to subscribe to each other and to the corresponding municipalities, coordination agreements, to the effect that participate in the performance of the functions referred to in Article 12 of this Law.

THIRD TITLE

CLASSIFICATION OF WASTE

ONLY CHAPTER

PURPOSES, CRITERIA, AND GENERAL BASES

Article 15.- The Secretariat shall group and subclassify hazardous, urban solid and special handling waste into categories for the purpose of the corresponding inventories, and guide the decision-making based on risk criteria and the management of the same. The sub-classification of waste shall take account of the need for:

I. Provide the generators or those who handle or ultimately dispose of the waste, indications about the physical state and properties or characteristics inherent, which enable you to anticipate your behaviour in the environment;

II. Make known the relationship between the physical, chemical or biological characteristics inherent in the waste, and the possibility of causing or they may cause adverse effects on health, the environment or property, depending on their volumes, their forms of handling, and their exposure. For this purpose, the presence of hazardous substances or infectious agents that can be released during their handling and final disposal, as well as the vulnerability of human beings or ecosystems that may be released, shall be considered to be present in the waste. be exposed to them;

III. Identify the generating sources, the different types of waste, the different materials that constitute the waste, and the related aspects the markets for recyclable or recycled materials, among others, to guide those responsible for integral waste management, and

IV. Identify the sources of waste whose final disposal may cause salinization and excessive increases in soil and soil load bodies of water.

Article 16.- The classification of a residue as dangerous, will be established in the official Mexican norms that specify how to determine their characteristics, including the listings of the same and setting the concentration limits for the substances contained in them, based on scientific knowledge and evidence of their danger and risk.

Article 17.- Waste from the mining and metallurgical industry resulting from mining and treatment of minerals such as jales, waste from the yards of abandoned leaching, as well as the metalworkers from the processes of smelting, refining and processing of metals, which will be defined in a generic way in the regulation as stipulated in article 7 fraction III of this Law, are federal regulation and competition. Finally, they will be available at the site of their generation; their danger and integral management will be determined in accordance with the applicable Mexican official norms, and will be subject to the management plans provided for in this Law. The exception of this classification is those referred to in Article 19, fraction I of this order.

Article 18.- Urban solid waste may be classified into organic and inorganic waste in order to facilitate its primary and secondary separation, compliance with the State and Municipal Programs for the Prevention and Integral Management of Waste, as well as with applicable legal systems.

Article 19.- Special handling waste is classified as follows, except in the case of waste considered as hazardous in this Law and the corresponding Mexican official rules:

I. Waste of rocks or products of their decomposition which can only be used for the manufacture of building materials or for use in the manufacture of construction materials end, as well as products derived from the decomposition of rocks, excluded from federal competition in accordance with Article 5 (IV) and (V) of the Mining Act;

II. Waste of health services, generated by establishments carrying out medical-care activities to human or animal populations, centers for research, with the exception of biologic-infectiouss;

III. Waste generated by fishing, agricultural, forestry, forestry, poultry, livestock activities, including waste from the inputs used in those activities;

IV. Waste of transport services, as well as those generated as a result of activities carried out at ports, airports, terminals Rail and port and customs;

V. Lodos coming from wastewater treatment;

VI. Departmental store or shopping center wastes generated in large volumes;

VII. Construction, maintenance, and demolition waste in general;

VIII. Technological waste from the IT industries, electronics manufacturers or automotive vehicles and others Its useful life, by its characteristics, requires specific handling;

IX. Pies containing lithium, nickel, mercury, cadmium, manganese, lead, zinc, or any other element that enables the generation of energy in them, in levels that are not considered hazardous waste in the corresponding Mexican official standard;

X. Used tires, and

XI. Others to be determined by the Secretariat in agreement with the federative entities and municipalities, which agree to facilitate their comprehensive management.

Article 20.- The classification of urban solid waste and special handling, subject to management plans shall be carried out in accordance with the criteria to be established in the official Mexican rules, which shall contain the lists of the same and the issue of which shall be the responsibility of the Secretariat.

For their part, the governments of the federative entities and the municipalities, must publish in the organ of official dissemination and daily of local circulation, the the relationship of the waste subject to management plans and, where appropriate, propose to the Secretariat the urban solid waste or special handling to be added to the listings referred to in the previous paragraph.

Article 21.- In order to prevent and reduce risks to health and the environment, associated with the generation and comprehensive management of hazardous waste, they shall consider at least one of the following factors contributing to the risk of hazardous waste:

I. The shape of handling;

II. The quantity;

III. The persistence of the toxic substances and the virulence of the infectious agents contained therein;

IV. The ability of toxic substances or infectious agents contained in them to mobilize where living beings or bodies of water are found. supply;

V. The bioavailability of the toxic substances contained in them and their bioaccumulation capacity;

VI. The duration and intensity of the exposure, and

VII. The vulnerability of human beings and other living organisms that are exposed to them.

Article 22.- People who generate or handle waste and who need to determine whether they are hazardous, as provided for in this order, must Refer to what the Mexican official standards that classify them as such.

Article 23.- The provisions of this Title shall not apply to hazardous waste that is generated in households in equal or lower amounts than Those generating micro-generators, when disposing of consumer products containing hazardous materials, as well as in housing units or in offices, institutions, dependencies and entities, which shall be handled as provided for in this Regulation. the municipal authorities responsible for the management of the urban solid waste and in accordance with management plans to be established in accordance with the provisions of this order.

The Secretariat, in coordination with the governments of the federative entities and the municipalities, will promote actions aimed at publicizing the generators of the waste referred to in this precept, the way to carry out a comprehensive management of these.

Article 24.- In the case of the generation of hazardous waste considered to be infectious, the Secretariat, together with the Secretariat of Health, will issue the official Mexican standards through which their handling and final disposal are regulated.

TITLE FOURTH

INSTRUMENTS OF THE POLICY OF PREVENTION AND COMPREHENSIVE MANAGEMENT OF WASTE

CHAPTER I

PROGRAMS FOR THE PREVENTION AND COMPREHENSIVE MANAGEMENT OF WASTE

Article 25.-The Secretariat shall formulate and implement the National Program for the Prevention and Comprehensive Management of Waste, in accordance with this Law, with the Basic Diagnosis for Integral Waste Management and other applicable provisions.

The National Programme for the Prevention and Comprehensive Management of Waste will be based on the principles of reduction, reuse and recycling of waste in a framework of integral management systems, in which it applies the shared and differentiated responsibility between the different social and productive sectors, and between the three government orders.

The Basic Diagnosis for Integral Waste Management is the study that considers the amount and composition of the waste, as well as the infrastructure for handle them integrally.

Article 26.- Federative entities and municipalities, within the scope of their respective competencies and in coordination with the Federation, shall draw up and Implement local programs for the prevention and comprehensive management of solid urban solid waste and special management, in accordance with this Law, with the Basic Diagnosis for Integral Waste Management and other applicable provisions. Such programmes shall contain at least the following:

I. The basic diagnosis for integral waste management of its competence, in which the capacity and effectiveness of the available infrastructure is needed to meet the demand for services;

II. Local policy on urban solid waste and special management;

III. The definition of local goals and goals for the prevention of generation and improvement of urban solid waste management and management special, as well as strategies and deadlines for compliance;

IV. The means of financing the actions considered in the programs;

V. The mechanisms to encourage linkage between corresponding municipal programs, in order to create synergies, and

VI. The technical assistance provided by the Secretariat.

CHAPTER II

MANAGEMENT PLANS

Article 27.- Management plans will be set for the following purposes and objectives:

I. Promote the prevention of the generation and recovery of waste as well as its integral management, through measures that reduce the costs of its administration, facilitate and make more effective, from an environmental, technological, economic and social perspective, the procedures for their management;

II. Establish handling modes that respond to the particularities of the waste and materials that constitute them;

III. Understanding the specific needs of certain generators with peculiar features;

IV. Set up management schemes in which you apply the principle of shared responsibility of the different sectors involved, and

V. Encourage innovation of processes, methods and technologies, to achieve comprehensive waste management, which is economically feasible.

Article 28.- They will be required to formulate and execute the management plans, as appropriate:

I. The producers, importers, exporters and distributors of the products that when discarded become the hazardous waste to which they make reference to fractions I to XI of Article 31 of this Law and those included in the corresponding Mexican official rules;

II. The generators of hazardous waste referred to in Article 31 (XV) to (XV) and those which are included in the official rules corresponding mexican;

III. Large generators and producers, importers, exporters and distributors of products that are converted into solid waste urban or special management that are included in the waste listings subject to management plans in accordance with applicable Mexican official standards; plastic packaging waste, including expanded polystyrene; as well as importers and distributors of used tyres, under the principles of valorisation and shared responsibility, and

IV. Large generators and producers, importers, exporters and distributors of batteries and electric batteries that are considered as waste special handling in the corresponding Mexican official standard.

Article 29.- The management plans applicable to consumer products that when discarded are converted into hazardous waste, must consider, among others, the Following aspects:

I. The procedures for their collection, storage, transportation, and shipment to recycling, treatment, or final disposal, which are intended to be used;

II. The strategies and means through which consumers will be communicated, the actions they must take to return the products of the listing the suppliers or collection centres intended for that purpose, as appropriate;

III. The procedures by which consumers will be made aware of the precautions to be taken in the handling of the products which will return to suppliers, in order to prevent or reduce risks, and

IV. Those responsible and parties involved in their formulation and execution.

In any case, when formulating the management plans applicable to consumer products, unnecessary technical barriers to trade or a deal will be avoided. discriminatory affecting your marketing.

Article 30.- The determination of residues that may be subject to management plans shall be carried out on the basis of the following criteria and those that they establish Mexican official rules:

I. That the materials that compose them have a high economic value;

II. For high-volume waste generation, produced by a reduced number of generators;

III. For waste containing persistent and bioaccumulative toxic substances, and

IV. For waste that poses a high risk to the population, to the environment or to natural resources.

Article 31.- They shall be subject to a management plan for the following hazardous waste and used, expired, withdrawn or discarded products and which are classified as such in the corresponding Mexican official standard:

I. Used lubricants oils;

II. Used organic solvents;

III. catalytic converters of automotive vehicles;

IV. Motor vehicle accumulators containing lead;

V. Mercury-based or nickel-cadmio; electrical batteries

VI. Fluorescent and mercury vapor lamps;

VII. Additaments containing mercury, cadmium, or lead;

VIII. Pharmacos;

IX. Pesticides and their packaging containing remnants thereof;

X. Persistent organic compounds such as polychlorinated biphenyls;

XI. Oil-based drilling lotwo, from the extraction of fossil fuels and sludge from wastewater treatment plants when they are considered dangerous;

XII. The blood and components thereof, only in their liquid form, as well as their derivatives;

XIII. The strains and cultures of pathogens generated in diagnostic and research procedures and in the production and control of agents biological;

XIV. Pathologic residues consisting of tissues, organs, and parts that are removed during necropsies, surgery, or some other type of intervention surgical that are not contained in formol, and

XV. The puncture-cutting residues that have been in contact with humans or animals or their biological samples during diagnosis and treatment, including Knife blades, lancets, syringes with integrated needle, hypodermic needles, acupuncture and tattoos.

The Secretariat will determine, in conjunction with stakeholders, other hazardous waste to be subject to management plans, the specific listings of which will be incorporated into the official Mexican standard that establishes the basis for their classification.

Article 32.- The elements and procedures to be considered when formulating the management plans, will be specified in the Mexican official rules and shall be based on the principles set out in this Law.

Article 33.- The companies or establishments responsible for the management plans shall submit, for registration to the Secretariat, those relating to the waste For the purposes of their knowledge to the State authorities the waste of special handling, and to the municipal authorities for the same effect the municipal solid waste, in accordance with the provisions of this Law and as determined by its Regulation and other orders resulting from it.

In the event that the management plans propose forms of handling contrary to this Law and the applicable regulations, the management plan must not be applied.

Article 34.- Environmental management systems that formulate and execute federal agencies, federal agencies, and municipalities in the field of their respective powers shall be subject to the provisions of this Law.

CHAPTER III

SOCIAL PARTICIPATION

Article 35.- The Federal Government, the governments of the federative entities and the municipalities, in the sphere of their competence, will promote the participation of all sectors of society in the prevention of generation, recovery and integral waste management, for which:

I. Fomentaran and support the conformation, consolidation and operation of intersectoral groups interested in participating in the design and implementation of relevant policies and programmes, as well as to prevent contamination of sites with materials and waste and to carry out their remediation;

II. They will call on organized social groups to participate in projects aimed at generating the information needed to support management programs integral waste;

III. They will celebrate agreements with social and private organizations in the subject matter of this Law;

IV. They will celebrate agreements with mass media for the promotion of prevention and comprehensive waste management actions;

V. Promote recognition of society's most outstanding efforts in the prevention and comprehensive management of waste;

VI. They will promote the ecological awareness and application of this Law through the realization of joint actions with the community for prevention and integral waste management, as well as the use of materials that meet environmental and technological efficiency criteria. To this end, they will be able to conclude concertation agreements with urban and rural communities, as well as with various social organizations, and

VII. Concerted actions and investments with the social and private sectors, academic institutions, social groups and organizations and other natural persons and Stakeholders.

Article 36.- The Federal Government, the governments of the federative entities and the municipalities, will integrate consultative bodies in which entities participate and dependencies of the public administration, academic institutions, social and business organizations that will have advisory, evaluation and monitoring functions in the field of the policy of prevention and integral management of the waste and will be able to to issue opinions and observations as they consider relevant. Their organisation and operation shall be subject to the provisions for which they are issued.

CHAPTER IV

RIGHT TO INFORMATION

Article 37.- The authorities of the three government orders, within the scope of their respective competencies, will integrate the Management Information System Integral to Waste, which will contain the information regarding the local situation, the inventories of waste generated, the infrastructure available for its management, the legal provisions applicable to its regulation and control and other aspects that facilitate the achievement of the objectives of this Law and the ordinances that of the General Law of Ecological Balance and Environmental Protection; the Law of Transparency and Access to Public Information and other applicable provisions.

Article 38.- The authorities of the three government orders will develop and disseminate, annually, reports on the relevant aspects contained in the systems of information referred to in this Chapter.

Article 39.- The three government orders will develop, update and disseminate inventories of hazardous waste generation, solid urban waste, and special handling waste, in accordance with their respective responsibilities, for which they shall be based on the data provided to them by the generators and the waste management service companies, in accordance with the provisions of this Law and in the legal orders derived from it.

In addition, they will integrate inventories of waste dumps or sites where waste of different kinds has been illegally abandoned in each entity, in which they are able to provide information about their location, origin, characteristics and other information elements that are useful to the authorities, in order to develop measures aimed at avoiding or reducing risks. The integration of inventories will be based on previously agreed, standardized and disseminated criteria, methods and computer systems.

TITLE FIFTH

COMPREHENSIVE HAZARDOUS WASTE MANAGEMENT

CHAPTER I

GENERAL PROVISIONS

Article 40.- The hazardous waste must be handled in accordance with the provisions of this Law, its Rules of Procedure, the Mexican official rules, and the other provisions that are derived from this order.

In the activities in which hazardous waste is generated or handled, the principles provided for in Article 2 of this order must be observed, are applicable.

Article 41.- Hazardous waste generators and managers of this type of waste must be safely and environmentally managed. in accordance with the terms stated in this Law.

Article 42.- Generators and other hazardous waste holders may contract the handling services of these wastes with companies or managers authorized for such purposes by the Secretariat, or transfer them to industries for use as inputs within their processes, when they have previously been made of the knowledge of this dependency, by means of a management plan for such inputs, based on the minimisation of their risks.

The responsibility for the handling and final disposal of hazardous waste is the responsibility of those who generate it. In the event that the handling and final disposal services of hazardous waste by undertakings authorised by the Secretariat are contracted and the waste is delivered to those undertakings, the liability for the operations shall be the responsibility of the undertakings, regardless of the responsibility that the generator has.

The hazardous waste generators that transfer these to companies or managers that provide the management services, must be satisfied with the Secretariat that they have the respective authorizations and in force, otherwise they will be responsible for the damages that will cause their handling.

Article 43.- People who generate or handle hazardous waste shall notify the Secretariat or the relevant authorities of the governments of the local, in accordance with the provisions of this Law and the provisions resulting from it.

CHAPTER II

HAZARDOUS WASTE GENERATION

Article 44.- Hazardous waste generators will have the following categories:

I. Large generators;

II. Small generators, and

III. Microgenerators.

Article 45.- Hazardous waste generators must identify, classify and manage their waste in accordance with the provisions contained in the This Law and its Rules of Procedure, as well as the Mexican official rules issued by the Secretariat.

In any case the generators must be free of hazardous waste and contamination that may pose a risk to the health and the environment. facilities where such facilities have been generated, when the activities of such waste are closed or no longer carried out.

Article 46.- Large hazardous waste generators are required to register with the Secretariat and submit their consideration to the Management Plan. Hazardous Waste, as well as carrying a logbook and presenting an annual report on the generation and methods of handling to which the waste was subjected in accordance with the guidelines to be established for this purpose in the present Regulation Law, as well as having an environmental insurance, in accordance with the General Law Ecological Balance and Environmental Protection.

Article 47.- Small hazardous waste generators must register with the Secretariat and have a log in which they will carry the recording of the annual volume of hazardous waste they generate and the methods of handling, as well as the recording of cases in which they transfer hazardous waste to industries for use as inputs or raw materials within their processes indicating the amount or volume transferred and the name, denomination or reason social and legal domicile of the company that will use them.

Coupled with the above, they must hold their waste to management plans, where appropriate, as well as comply with the other requirements laid down by the regulation and other applicable provisions.

The information referred to in this article must be published in the National System of National Information for the Integral Management of Waste, according to provided for by the applicable provisions on transparency and access to information.

Article 48.- Persons considered to be hazardous waste microgenerators are required to register with the competent authorities of the governments of the federal or municipal entities, as appropriate; subject to management plans the hazardous waste they generate and to be established for this purpose and the conditions to be set by the authorities of the governments of the entities The Federal Ministry of the European Communities and the competent authorities; hazardous waste to authorised collection centres or to be sent via authorised transport, in accordance with applicable legal provisions.

The control of micro-generators of hazardous waste shall be the responsibility of the competent authorities of the governments of the federal and municipal authorities, compliance with the provisions of Articles 12 and 13 of this Regulation.

Article 49.- The Secretariat, through the issuance of Mexican official standards, may establish specific provisions for the final disposal and management of hazardous waste by micro-generators and small generators of such waste, in particular those which, due to their danger and risk, merit it.

In any case, the generation and handling of chlorinated, persistent and bioaccumulative hazardous waste, even by micro or small generators, will be subject to the provisions contained in the Mexican official rules and related management plans.

CHAPTER III

OF THE AUTHORIZATIONS

Article 50.- The Secretariat is required to be authorized to:

I. The provision of hazardous waste management services;

II. The use of hazardous waste in productive processes, in accordance with the provisions of Article 63 of this order;

III. The collection and storage of hazardous waste from third parties;

IV. Performing any of the activities related to handling hazardous waste from third parties;

V. The incineration of hazardous waste;

VI. The transport of hazardous waste;

VII. The establishment of confinements within facilities where hazardous waste is handled;

VIII. The transfer of authorizations issued by the Secretariat;

IX. The use of thermal treatment of waste by sterilisation or thermolysis;

X. The import and export of hazardous waste, and

XI. The others that establish this Law and the Mexican official rules.

Article 51.- Authorizations for the comprehensive handling of hazardous waste may be transferred, as long as:

I. Be counted upon prior written consent of the Secretariat, and

II. The subsistence of the conditions under which they were granted is credited.

Article 52.- They are causes of revocation of the authorizations:

I. That there is falsehood in the information provided to the Secretariat;

II. When comprehensive hazardous waste management activities contravene applicable regulations;

III. Dealing with the import or export of hazardous waste, where it is determined by supervenient causes that they represent a higher risk of the initially planned;

IV. Do not renew the granted warranties;

V. Do not repair the environmental damage caused by authorized activities, and

VI. Incompliance with or in serious or repeated terms of the authorization, this Law, the environmental laws and regulations, the Mexican and other official rules applicable provisions.

Article 53.- The authorizations must be granted for a given time and, where appropriate, may be extended.

The Regulation in this respect shall state the terms and conditions of the authorisations.

CHAPTER IV

COMPREHENSIVE HANDLING OF HAZARDOUS WASTE

Article 54.- The mixing of hazardous wastes with other materials or residues should be avoided so as not to contaminate them and not to cause reactions, which may at risk of health, the environment or natural resources. The Secretariat shall establish the procedures to be followed to determine the incompatibility between a hazardous waste and other material or waste.

Article 55.- The Secretariat will determine in the Rules of Procedure and in the official Mexican rules, the form of handling to be given to packaging or packaging that contain hazardous wastes and are not reused for the same purpose or for the same type of waste, as they are considered to be hazardous waste.

Also, packaging and packaging containing hazardous materials that are not used for the same purpose and for the same material shall be considered as hazardous waste, with the exception of those that have been subject to treatment for reuse, recycling or final disposal.

In no case shall packaging and packaging containing hazardous materials or waste be used to store water, food or human consumption products or animal.

Article 56.- The Secretariat will issue Mexican official regulations for the storage of hazardous waste, which will be aimed at preventing of the generation of leachate and its infiltration into the soil, the drag by the rainwater or by the wind of said residues, fires, explosions and accumulation of toxic fumes, leaks or spills.

The storage of hazardous waste for a period of more than six months from its generation shall be prohibited, which shall be settled in the logbook corresponding. This time limit shall not be understood when the holder of the waste changes its place of storage. The storage extension shall be carried out when a request is submitted to the Secretariat in compliance with the requirements laid down in the Regulation.

Article 57.- Those generators that recycle hazardous waste within the same premises where they were generated, must submit to the Secretariat, with 30 days in anticipation of their recycling, a technical report including the procedures, methods or techniques by which they shall carry out such processes, in order to enable the Secretariat, where appropriate, to issue any observations. This provision is not applicable in the case of processes that release pollutants into the environment and constitute a health risk, in which case they shall require prior authorisation from the Secretariat.

In any case, waste recycling should be developed in accordance with the legal provisions on environmental impact, risk, prevention of pollution of water, air and soil and others, which are applicable.

Article 58.- Those who perform physical, chemical or biological treatment processes of hazardous waste must present to the Secretariat the procedures, methods or techniques by which they will be carried out, supported by the consideration of the release of toxic substances and in the proposal of measures to prevent or reduce it, in accordance with the Mexican official norms that for this purpose are issued.

Article 59.- Responsible for the treatment of hazardous waste where the release to the environment of a toxic substance is carried out, persistent and bioaccumulative, they shall be required to prevent, reduce or control such release.

Article 60.- Representatives of the various social sectors will participate in the formulation of plans and actions leading to prevention, reduction or elimination of emissions of persistent organic pollutants in waste management, in accordance with the provisions of this Law, and in compliance with international conventions on waste, for which Mexico is a party.

Article 61.- Dealing with treatment processes by incineration and heat treatment by termolysis, the application for authorisation shall specify the measures to comply with Mexican official standards issued in accordance with international conventions to which Mexico is a party.

Article 62.- The incineration of waste must be restricted to the conditions laid down in the Regulation and in the official Mexican rules (a) corresponding to the degree of efficiency and effectiveness to be achieved by the processes, and the environmental parameters to be determined in order to verify the prevention or reduction of the release to the environment; pollutants, particularly those that are toxic. The requirements shall include specifications for the analytical characterisation of waste susceptible to incineration, as well as the ash resulting therefrom, and for periodic monitoring of all emissions subject to official Mexican standards, the costs of which will be borne by the responsible for the incineration plants.

The Secretariat, in establishing the relevant regulations, will take into consideration the health criteria established by the Health Secretariat.

Article 63.- The Secretariat, in regulating and normalizing the operation of the processes of incineration and co-processing of permitted residues for this purpose, distinguish those in which the waste is subject to a co-processing with the object of valorizing them by their use as alternate fuel for the generation of energy, which can be used in the production of goods and services.

The waste is to be distinguished by its characteristics, volumes of generation and accumulation, environmental problems and economic and social impacts it causes improper handling, may be the object of co-processing. In turn, restrictions on incineration, or co-processing by combustion of waste that can be recovered through other processes, when these are available, are to be environmentally effective, technological and economically feasible. In such cases, actions should be promoted to strengthen the infrastructure for the recovery or treatment of such waste by other means.

Article 64.- In the case of transport and collection of waste corresponding to discarded products subject to management plans, in terms of the Article 31 of this Law, measures must be observed to prevent and respond safely and in an environmentally appropriate manner to possible leaks, spills or release to the environment of their contents possessing dangerous properties.

Article 65.- Facilities for the containment of hazardous waste must have the necessary characteristics to prevent and reduce the possible migration of waste away from the cells, in accordance with what is established by the applicable Mexican official regulations and regulations.

The minimum distance of the facilities for the containment of hazardous waste, with respect to the population centers equal to or greater than a thousand inhabitants, the last population census, it must be no less than five kilometers and when establishing its location it will be necessary to take into consideration the ecological order of the territory and the applicable urban development plans.

Article 66.- Those who generate and handle hazardous waste and require confinement within their facilities must adhere to the provisions of the this Law, which lays down the Regulation and the specifications regarding the location, design, construction and operation of the confinement cells, as well as storage and treatment prior to the confinement of the waste, contained in the corresponding Mexican official rules.

Article 67.- On hazardous waste, it is prohibited:

I. The transport of waste by air;

II. The containment of liquid or semi-solid waste, without having undergone treatments to remove moisture, neutralise or stabilise them and achieve its solidification, in accordance with the provisions of this Law and other applicable legal systems;

III. The confinement of persistent organic compounds such as polychlorinated biphenyls, hexachlorated and other compounds as well as materials contaminated with these, containing concentrations exceeding 50 parts per million of those substances, and the dilution of the residues containing them in order to reach this maximum limit;

IV. The mixture of polychlorinated biphenyls with lubricating oils used or with other materials or residues;

V. Storage for more than six months in generating sources;

VI. The confinement in the same place or cell, of incompatible hazardous waste or in quantities exceeding the installed capacity;

VII. The use of hazardous waste, treated or untreated, for the coating of soils, in accordance with the official Mexican standards without prejudice to the powers of the Secretariat and other competent bodies;

VIII. The dilution of hazardous waste in any medium, when it is not part of an authorized treatment, and

IX. The incineration of hazardous waste that is or contains persistent and bioaccumulative organic compounds; organochlorine pesticides; as well as batteries and used accumulators containing toxic metals, provided there is another available technology in the country causing less environmental impact and risk.

CHAPTER V

RESPONSIBILITY FOR CONTAMINATION AND REMEDIATION OF SITES

Article 68.- Those who are responsible for the contamination of a site, as well as for damages to health as a result of this, will be obliged to repair the damage caused, in accordance with the relevant legal provisions.

Any natural or moral person who, directly or indirectly, counts a site or causes damage or affectation to the environment as a result of generation, handling, or release, discharge, infiltration or incorporation of hazardous materials or waste into the environment, will be responsible and will be obliged to repair and, if appropriate, to the corresponding compensation, in accordance with the provisions of the Federal Law of Environmental Responsibility.

Article 69.- The persons responsible for activities related to the generation and handling of hazardous materials and wastes that have caused the contamination of sites with these, are required to carry out remediation actions in accordance with the provisions of this Law and other applicable provisions.

Article 70.- Private domain owners or holders and holders of concessionary areas, whose soils are contaminated, will be jointly responsible for carrying out the necessary remedial actions, without prejudice to the right to repeat against the cause of the contamination.

Article 71.- The ownership of sites contaminated with hazardous waste may not be transferred, unless expressly authorized by the Secretariat.

Persons who transfer to third parties the buildings which would have been contaminated by hazardous materials or waste, by virtue of their activities carried out, shall inform those who transmit the ownership or possession of such goods to them.

In addition to the remediation, those responsible for contamination of a site will be liable to criminal and administrative sanctions. corresponding.

Article 72.- Dealing with contamination of sites with hazardous materials or waste, by chance or force majeure, the competent authorities will impose the emergency measures necessary to deal with the contingency, in order not to put the health or the environment at risk.

Article 73.- In the case of abandonment of sites contaminated with hazardous waste or unknown to the owner or owner of the building, the Secretariat, in coordination with the federative entities and the municipalities, may formulate and implement remediation programs, with the purpose of carrying out the necessary actions for their recovery and restoration and, if possible, their incorporation into productive processes.

The Secretariat shall be empowered to make effective the guarantees that have been granted by those responsible who have left the site.

In cases where the contamination of the site warrants the intervention of the Federation, the holder of the Federal Executive may issue the declaration of remediation of contaminated sites. To this end, it shall prepare the studies to justify them.

The declaratory shall be published in the Official Journal of the Federation and shall be entered in the Public Registry of the corresponding Property and express:

I. The delimitation of the site that is subject to remediation, specifying surface, location, and unlinde;

II. The actions required to remedy the site, in accordance with what is set forth in this Act;

III. The constraints and constraints to which the site will be fastened, the uses of the soil, the use, as well as the performance of any work or activity;

IV. The guidelines for the elaboration and execution of the corresponding remediation program, as well as the participation in these owners ' activities, holders, social organisations, private persons, local governments and other interested persons, and

V. The deadlines for the execution of the respective remediation program.

Once the contaminated site remediation program is completed, the corresponding annotation in the Public Registry of the Property will be cancelled.

Article 74.- All acts and conventions relating to property, possession or any other right relating to immovable property the remediation declaratory shall be subject to the application of the modalities provided for in the declaratory itself.

Notaries and any other public office holders shall have such a circumstance in the authorisation of public writings, acts, conventions or contracts in which they are Intervene. Any act, agreement or contract that contravene the provisions of the said declaratory shall be null and void.

Article 75.- The Secretariat and the competent local authorities, as appropriate, shall be responsible for carrying out actions to identify, inventory, record and categorize sites contaminated with hazardous waste in order to determine whether their remediation is appropriate, in accordance with the criteria set out in the Regulation for this purpose.

Article 76.- Local authorities must register the contaminated sites within the Public Registry of the relevant Property their jurisdiction.

Article 77.- Actions in the field of site remediation, and repair and compensation for environmental damage, as provided for in this chapter, are carry out in accordance with the provisions of the Rules of Procedure, and as provided for by the Federal Environmental Liability Act.

Article 78.- The Secretariat, in coordination with the Secretariat of Health, will issue Mexican official standards for the characterization of contaminated sites. and assess the risks to the environment and the health resulting from it, in order to determine, depending on the risk, the remediation actions to be carried out.

Article 79.- The regulation of land use and ecological and urban development programs should be considered when determining the degree of remediation of sites contaminated with hazardous waste, based on the risks to be avoided.

CHAPTER VI

THE PROVISION OF SERVICES IN THE FIELD OF HAZARDOUS WASTE

Article 80.- People interested in obtaining authorizations to carry out services to third parties for transport, storage, storage, reuse, recycling, treatment and final disposal of waste, as the case may be, shall submit to the Secretariat their application for authorisation, where they provide, as appropriate, the following information:

I. General data of the person, including name or social reason and legal address;

II. Name and signature of the legal or technical representative of the company;

III. Description and identification of the waste to be handled;

IV. Authorized floor uses in the area where you intend to install the company, plan or installation involved in waste management and sketch location. This authorisation may be subject to federal authorisation;

V. Staff training program involved in the handling of hazardous waste, in the operation of processes, equipment, means of transport, sampling and analysis of the waste, and other relevant aspects, as appropriate;

VI. Program for prevention and care of contingencies or environmental emergencies and accidents;

VII. photographic memory of equipment, transport vehicles and installations for which authorisation is requested, as the case may be;

VIII. Technical support information for the processes or technologies to which the waste will be subjected, as well as information elements showing that it is proposes, as far as possible, the best available and economically accessible technology and forms of operation in line with best environmental practices;

IX. Proposal for insurance or financial guarantees that, if any, are required;

X. Copy of the Communications and Transport Secretariat permissions, and

XI. The determination of the applicable Mexican law and official rules of this Law.

Article 81.- For the granting of the authorization of the provision of the services referred to in this Chapter, the Secretariat shall require a guarantee sufficient to cover the damage that may be caused during the service and at the end of the service.

Article 82.- The amount of the guarantees referred to in this Chapter shall be fixed by the Secretariat in accordance with the volume and characteristics of the waste whose management has been authorized, as well as the estimation of the costs that may result from the repair of the damage caused in the event of accident or contamination of the sites, which can be caused by the handling of such waste.

The Secretariat may revoke the authorisations if the corresponding guarantees are not renewed.

In the case of the provision of confinement services, the liability of the service provider is extended by the end of 20 years after the closure of the their operations. The way in which the amount is estimated, the recovery and the application of the guarantees will be established in the Regulation.

Article 83.- Dealing with the collection of hazardous waste referred to in Article 31 (1) to (XI) of this order shall be at the same time the management plans, which will be registered with the Secretariat and to which the corresponding Mexican official rules will be established.

Article 84.- The processing of the authorizations referred to in this Chapter shall be subject to the provisions of the Federal Administrative Procedure Law.

CHAPTER VII

IMPORTING AND EXPORTING HAZARDOUS WASTE

Article 85.- The import and export of hazardous waste shall be subject to the restrictions or conditions laid down in this Law, its Regulations, the Law of Foreign Trade, the Federal Law of Economic Competition, international treaties of which Mexico is a party and the other applicable legal systems.

Article 86.- On the import of hazardous waste the following provisions must be observed:

I. It will only be allowed in order to reuse or recycle waste;

II. In no case shall the import of waste which is or is constituted by persistent organic compounds be authorised, and

III. The Secretariat may impose limitations on the import of waste when it disincentives or constitutes an obstacle to the reuse or recycling of waste. waste generated on national territory.

Article 87.- The authorizations for the export of hazardous waste will only be issued when those who request them have the prior consent of the the importing country and, where appropriate, the governments of the countries for which the waste is transited.

Article 88.- The Secretariat shall establish a hazardous waste tracking system in which a record of the authorizations granted for the import and export of waste. Such registration shall ensure that in each case the transboundary movements are notified to the countries of origin or destination of such waste, in accordance with the international conventions of which Mexico is a party.

The information contained in the appropriate tracking system will be integrated into the National Environmental and Natural Resources Information System.

Article 89.- The Secretariat shall require the filing of an insurance or security policy by the applicant for the import authorization or (a) to ensure that sufficient financial resources are available to deal with any contingency and the payment of damages which may be caused during the process of the mobilisation of hazardous waste, issue the appropriate authority.

When fixing the amount of the policy or guarantee, the international conventions on the matter and those of which Mexico is a party and the legal provisions will be taken into account applicable in the countries to which the hazardous waste is exported.

Article 90.- For non-compliance with applicable legal provisions, the Secretariat may refuse or revoke the authorizations for the import or export of hazardous waste, as well as for its transit and transport through the national territory.

Article 91.- Companies that import or export hazardous waste will be responsible for the damage they cause to health, the environment, or to goods such as a consequence of the movement of the same between the generating source and the final recipient, irrespective of the penalties and penalties to be imposed.

Article 92.- Waste that illegally enters the country must be returned to the country of origin within a period of no more than sixty days. The costs incurred during the process of return to the country of origin shall be covered by the undertaking responsible for the operation which intervened in the import of the waste.

Article 93.- When products, equipment, machinery or any other input are imported into our country, to be remanufactured, recycled, reprocessed and generate hazardous waste through such processes, they must be returned to the country of origin, provided they have entered under the temporary import regime.

Article 94.- Industries using inputs subject to the temporary import regime to produce export goods will be required to report to the Secretariat on imported materials, indicating their volume and characteristics of danger, as well as the volumes and characteristics of the hazardous waste generated from them.

When such hazardous waste is not recyclable, it must be returned to the country of origin, notifying the Secretariat, by notice, the type, volume and destination of the hazardous waste returned.

When they are, they can be recycled within the facilities themselves where they are generated or through authorized service companies, according to the provisions of this Law and other applicable ordinances.

The information requirements provided for in this article will not apply to industries that are required to submit management plans that include the presentation to the Secretariat of similar reports.

TITLE SIXTH

OF PREVENTION AND COMPREHENSIVE MANAGEMENT OF SOLID URBAN SOLID WASTE AND SPECIAL MANAGEMENT

ONLY CHAPTER

Article 95.- The regulation of the generation and integral management of urban solid waste and special handling waste shall be carried out in accordance with the to establish this Law, the provisions issued by the legislatures of the federal entities and other applicable provisions.

Article 96.-Federative entities and municipalities, within the scope of their respective competencies, for the purpose of promoting the reduction of generation, valorization and integral management of solid urban solid waste and special management, in order to protect the health and prevent and control the environmental pollution produced by its handling, must carry out the following actions:

I. The control and monitoring of integral waste management in the field of its competence. Each federative entity may coordinate with its municipalities to formulate and implement within its territorial district a comprehensive waste management system that will ensure the management, recovery and final disposal of the waste to referred to in this article. Those authorities may also agree with each other on the establishment of local or regional final disposal centres which serve two or more federative entities;

II. Design and implement programs to incentivize large waste generators to reduce their generation and subject them to comprehensive management;

III. Promote the subscription of agreements with large waste generators, in the field of their competence, to formulate and implement the plans of handling of the waste they generate;

IV. Integrate the registration of large waste generators in the field of their competition and of companies providing services for handling such waste, as well as the database in which the information is collected with respect to the type, volume and handling of the waste;

V. Integrate information regarding the integral management of urban solid waste and special management, to the National Environmental Information System and Natural Resources;

VI. Develop, update and disseminate the basic diagnosis for the integral management of solid urban solid waste and special handling;

VII. Coordinate with federal authorities, with other federative entities or municipalities, as appropriate, and arrange with representatives of private bodies and social, in order to achieve the purposes referred to in this Law and for the implementation of plans for the management of the different wastes that are of their competence;

VIII. Establish programs to improve the environmental performance of production chains involved in the segregation, collection and preparation of waste urban solids and special handling for recycling;

IX. Develop guides and guidelines for segregation, collection, collection, storage, recycling, treatment, and transportation of waste;

X. Organize and promote communication, education, training, research, and technological development activities to prevent generation, value, and achieve comprehensive waste management;

XI. Promote the integration, operation and operation of consultative bodies involving representatives of the industrial, commercial and service sectors, academic, research and technological development, professional associations and consumer, and intersectoral networks related to the theme, to take part in the processes to classify the waste, evaluate the technologies for their prevention, valorization and treatment, plan the development of the infrastructure for its management and the development of technical proposals of regulatory and other instruments to help achieve the objectives in the field;

XII. Carry out the necessary actions to prevent and control contamination by waste susceptible to causing soil salinization processes and excessive organic load increases in soils and water bodies, and

XIII. Identify requirements and promote investment for infrastructure and equipment development to ensure the integral management of waste.

Article 97.- Mexican official standards will set the terms for which the location of the sites, the design, the construction and the operation of facilities for the final disposal of solid urban solid waste and special handling, in sanitary fillers or in controlled confinement.

The rules shall specify the conditions to be met by the facilities and the types of waste that may be disposed of in order to prevent the formation of leachate and the migration of these outside the confinement cells. They will also consider in which cases the formation of biogas can be allowed to be used.

The municipalities will regulate land use in accordance with the ecological and urban development programs, in which the areas in question will be considered The final disposal sites for urban solid waste and special handling shall be established.

Article 98.- For the prevention of generation, recovery and comprehensive management of special handling waste, in particular used tires, Federal entities shall establish the obligations of generators, distinguishing large and small, and those of special handling waste service providers, and shall formulate the criteria and guidelines for their comprehensive management.

Article 99.- The municipalities, in accordance with state laws, shall carry out the necessary actions for the prevention of generation, recovery and the integral management of urban solid waste, considering:

I. The obligations to which urban solid waste generators will be subjected;

II. The requirements for the provision of services for the integral management of urban solid waste, and

III. The revenue to be obtained by providing the service of its comprehensive management.

Article 100.- The legislation to be issued by federal entities in relation to the generation, handling and final disposal of urban solid waste may contain the following prohibitions:

I.     Dump waste on public roads, baldiums, barrancas, canades, drainage and sewer pipelines, electrical or telephone wiring, gas; in bodies of water; underground cavities; protected natural areas and conservation zones ecological; rural areas and places not authorised by the applicable legislation;

II. Incinerate waste to open skies, and

III. Open new open-pit dumps.

Also prohibit the final disposal of tires in baldiums, barrancas, canades, drainage and sewer ducts, in bodies of water and cavities underground.

Manufacturers, importers, distributors, managers and generators are obliged to take charge of the management of used tyres and to ensure their collection in accordance with the applicable Mexican official standard and its management plans.

TITLE SEVENTH

CONTROL AND SECURITY MEASURES, VIOLATIONS AND SANCTIONS

CHAPTER I

INSPECTION VISITS

Article 101. The Secretariat shall carry out the acts of inspection and monitoring of compliance with the provisions contained in this legislation, in the field of hazardous waste and will impose the necessary corrective, security and sanctions measures, in accordance with the provisions of this Law and the General Law of Ecological Balance and Environmental Protection.

Article 102.- Federative entities shall coordinate with the Federation to carry out inspection and surveillance activities related to Hazardous waste microgenerators.

Article 103.- If the commission of a crime is detected as a result of an inspection visit, the competent authority must be given a view.

CHAPTER II

SECURITY MEASURES

Article 104. If such inspection visits result in breaches of this Law, at the respective site the authorising authority shall require the person concerned, where appropriate, by means of personal notification or by registered mail with an acknowledgement of receipt, to immediately take corrective action which, if necessary, is necessary to comply with the applicable legal provisions, as well as with the respective permits, licences, authorisations or concessions, stating the deadline which corresponds to its compliance, founded and motivated the requirement.

In the event of imminent risk to the health or the environment arising from the handling of hazardous waste, the Secretariat may, on a reasoned and reasoned basis, order a or some of the following security measures:

I. The total or partial temporary closure of polluting sources, as well as the facilities in which it is generate, manage or ultimately dispose of the hazardous waste involved in the assumptions referred to in this precept;

II. The suspension of the respective activities;

III. The repackaging, treatment or remission of hazardous waste to authorized confinement or storage temporary;

IV. The precautionary insurance of hazardous materials or waste, and other goods involved with the conduct that results in the imposition of the security measure, and

V. Stabilization or any analogous action that prevents hazardous waste from causing the effects adverse events foreseen in the first paragraph of this article.

The Secretariat may also promote to the competent authority the execution of any security measures established in other ordinances.

Dealing with hazardous waste generated by micro-generators, the safety measures referred to in the first subparagraph and fractions I to V of this Article shall be applied by the authorities of the governments of the federal entities and the municipalities that have agreed with the Secretariat in accordance with Articles 12 and 13 of this order.

Article 105.- Where applicable, the competent authorities who have issued the security measures referred to in the previous Article may (a) to order the person concerned to take the action to remedy the irregularities which led to the imposition of these measures, and the time limits for their implementation, in order to ensure that the withdrawal of the measures is ordered after these actions have been completed; security measures imposed.

CHAPTER III

ADMINISTRATIVE PENALTIES AND VIOLATIONS

Article 106.- In accordance with this Law and its Regulations, persons carrying out any of the following activities shall be sanctioned:

I. Copy, store, transport, treat, or finally dispose of hazardous waste, without proper authorization;

II. Failure to comply with the comprehensive management of hazardous waste, the provisions laid down by this Law and the regulations governing it, as well as in the authorizations themselves that are issued, in order to avoid damage to the environment and the health;

III. Mix hazardous waste that is incompatible with each other;

IV. Verter, abandon or finally dispose of hazardous waste in unauthorized sites for this purpose;

V. Incinerate or heat hazardous waste without the corresponding authorization;

VI. Import hazardous waste for a different purpose than recycling them;

VII. Store hazardous waste for more than six months without the corresponding extension;

VIII. Transfer authorizations for the comprehensive handling of hazardous waste, without the prior written consent of the competent authority;

IX. Provide the competent authority with false information regarding the generation and comprehensive handling of hazardous waste;

X. Transport hazardous waste by air;

XI. Dispose of hazardous waste in liquid or semi-solid state without having been previously stabilized and neutralized;

XII. Transporting national territory into another country, hazardous waste whose manufacture, use or consumption is prohibited;

XIII. Do not carry out by itself or through an authorized service provider, the integral management of the waste that has been generated;

XIV. Do not register as a hazardous waste generator when you have an obligation to do so in the terms of this Act;

XV. Failure to comply with the regulations regarding the identification, classification, packaging and labelling of hazardous waste;

XVI. Do not comply with the requirements that this Law states in the import and export of hazardous waste;

XVII. Do not provide services providers with hazardous waste generators, the information necessary for their comprehensive management;

XVIII. Do not present the reports that this Law establishes regarding the generation and comprehensive management of hazardous waste;

XIX. Do not give notice to the competent authority in case of emergencies, accidents or loss of hazardous waste, in the case of its generator or manager;

XX. Do not remove all hazardous waste from facilities where integral waste management activities have been generated or carried out dangerous, once they are no longer performed;

XXI. Do not have the prior consent of the importing country of the transboundary movement of hazardous waste to be proposed;

XXII. Do not return to the country of origin, the hazardous waste generated in the processes of production, processing, processing or repair in which it is used raw material introduced into the country under the temporary import regime;

XXIII. Failure to comply with environmental protection measures, dealing with transport of hazardous waste, and

XXIV. Incur any other violation of the precepts of this Act.

Article 107.- For the imposition of penalties for violations of this Law, the provisions of the General Law of Ecological Balance and Protection of the Environment.

Article 108.- If the time limit granted by the authority to remedy the offence or the offences committed has expired, it shall be the result of that infringement or Infringements still exist, the Secretariat may impose fines for each day that elapses without the violation or the infringements concerned, without the total fines exceeding the maximum amount allowed.

Article 109.- In the case of recidivism, the amount of the fine may be up to twice the amount originally imposed, without exceeding double the maximum allowed, as well as the definitive closure.

The offender who incurs more than once in conduct involving breaches of the same precept, within a period of two years, is deemed to have been from the date on which the record of the first infringement was lifted, provided that the infringement was not distorted.

Article 110.- In cases where the seriousness of the offence warrants it, the Secretariat shall request the authorities, who have granted it, to suspend it, revocation or cancellation of concessions, licenses, permits and authorizations in general for the performance of the activities that have resulted in the commission of the infringement.

Article 111.- Without prejudice to the obligation to remedy the site referred to in this Law, the appropriate authority may grant the offender the option to referred to in Article 168 and the final paragraph of Article 173 of the General Law on Ecological Balance and Protection of the Environment.

In the event that the offender carries out the corrective or urgent measures or remedies the irregularities in which he has previously incurred the The Secretariat shall impose a penalty, such authority shall consider such a situation as mitigating the offence committed.

In the relevant administrative decision, the measures to be taken to correct the deficiencies or, where appropriate, shall be added observed irregularities, the time limit given to the infringer to satisfy them and the penalties to which the creditor was made.

Within five working days following the expiration of the time limit given to the offender to remedy the deficiencies and irregularities observed, the offender must communicate in writing and in detail to the authorising authority, having complied with the measures ordered in the terms of the respective order.

Article 112.- Violations of the precepts of this Law, and provisions that emanate from it shall be administratively sanctioned by the Secretariat, with one or more more of the following sanctions:

I. Temporary or definitive closure, total or partial, when:

a) The infringer has not complied with the deadlines and conditions imposed by the authority, with the measures urgent application-ordered corrective;

b) In cases of recidivism when the violations generate negative effects on the environment, or

c) It is repeated disobedience, on three or more occasions, to the fulfillment of some or some measures corrective or urgent enforcement imposed by the authority.

II. Administrative Arrest for up to thirty-six hours;

III. The suspension or revocation of the corresponding concessions, licenses, permits, or authorizations;

IV. Remediation of contaminated sites, and

V. Fine for the equivalent of twenty to fifty thousand days of general minimum wage in force in the Federal District at the time of imposing the penalty.

Article 113.- In the event that any of the conduct described in the above articles leads to the commission of any offence, any sanction identified in This Act does not exempt those responsible for likely criminal liability.

Article 114.- The competent authorities of the federative entities and the municipalities shall seek to establish administrative sanctions that contribute to to prevent physical or moral persons from violating the provisions of this Law.

Article 115.- The proceeds from the fines for violations of the provisions of this Law and the provisions of this Law shall be used to the integration of funds for the remediation of contaminated sites that pose an imminent risk to the environment or to health.

CHAPTER IV

POPULAR REVIEW AND REPORTING FACILITY

Article 116.- Interested parties affected by the acts and resolutions of the administrative authorities who terminate the administrative procedure, instance or resolve a file, may bring the review appeal or, where appropriate, try the appropriate court.

The time limit for bringing the review appeal shall be 15 days from the day following that in which the notification of the application was made. resolution to be recursive.

Article 117.- The document of interposition of the review appeal shall be filed with the authority that issued the contested act and shall be resolved by the above, unless the contested act comes from the holder of a dependency, in which case it shall be settled by the latter. That letter shall express:

I. The administrative organ to which it is directed;

II. The name of the appellant and the injured third party if any, as well as the place I pointed out for the purposes of notifications;

III. The act that is used and the date on which it was notified or became aware of it;

IV. The grievances that are caused to you;

V. Where appropriate, a copy of the contested decision or act and the relevant notification. In the case of acts that have not been resolved in time, they shall be denied, accompanied by the initiation of the procedure, or the document on which no resolution has been passed, and

VI. The evidence which it offers, which is immediately and directly related to the contested decision or act, must accompany the documents with which it counts, including those who credit their personality when acting on behalf of another or of moral persons.

Article 118.- The interposition of the appeal shall suspend the execution of the contested act, provided that:

I. The recurring request is expressly requested by the appellant;

II. The resource is sourced;

III. Do not prejudice social interest or contravene provisions of public order;

IV. Do not cause damages to third parties, unless these are guaranteed for the failure to obtain favorable resolution, and

V. Dealing with fines, the appellant guarantees the tax credit in any of the forms provided in the Tax Code of the Federation.

The authority shall, where appropriate, agree to the suspension or refusal of the suspension within five days of its interposition, in which case it shall be You will understand the suspension.

Item 119.- The resource will be unfiled and discarded when:

I. Be present outside of time;

II. The documentation that accredits the personality of the appellant is not accompanied, and

III. Do not appear subscribed by whom you must do so, unless you are signed before the deadline to file it.

Item 120.- The resource will be discarded for improper:

I. Against acts that are the subject of another resource and that are pending resolution, promoted by the same appellant and by the contested act itself;

II. Against acts that do not affect the legal interests of the advocate;

III. Against acts consummated in an irreparable way;

IV. Against expressly consented acts, and

V. When any legal action or defense brought by the person, which may have the effect of modifying, revoking or revoking, is being processed in the courts. nullify the respective act.

Article 121.- The resource will be dismissed when:

I. The promote is expressly disused from the resource;

II. The aggrieved person dies during the procedure, if the respective act affects only his person;

III. During the procedure over any of the causes of the origin referred to in the previous article;

IV. When the effects of the respective act have ceased;

V. For lack of object or matter of the respective act, and

VI. The existence of the respective act will not be approved.

Article 122.- The authority responsible for resolving the resource may:

I. Dismiss or overhang it;

II. Confirm the contested act;

III. State the non-existence, nullity or nulliability of the contested act or revoke it in whole or in part, and

IV. Modify or order the modification of the contested act or dictate or order to issue a new one to replace it, when the action brought is total or partially in favor of the appellant.

Article 123.- The resolution of the appeal shall be founded in law and shall examine any and all grievances made by the appellant having the authority the power to invoke notices of law; but where one of the grievances is sufficient to undermine the validity of the contested act, the examination of that point shall be sufficient.

The authority, for the benefit of the appellant, may correct the errors which it warns in the appointment of the precepts which are considered to be violated and to examine the The Court of First Instance held that, in order to resolve the question effectively raised, it did not change the facts set out in the appeal.

Likewise, it must leave the administrative acts without legal effects when it warns of a manifest illegality and the grievances are insufficient, but must found carefully the reasons why I consider the act illegal and specify the scope in the resolution.

If the resolution orders to perform a given act or to initiate the replacement of the procedure, it must be met within four months.

Article 124.- The substantiation of the review facility referred to in the previous article of this Law shall be subject to the provisions of the Federal Law of Administrative procedure, in its applicable precepts.

Article 125.- Everyone, social group, non-governmental organization, association and society may report to the Secretariat, all acts, acts or omissions that produces or can produce ecological imbalance, damage to the environment, natural resources or health in relation to the matters of this Law and other ordinances that emanate from it.

The processing of the popular complaint referred to in this precept shall be carried out in accordance with the provisions of the General Law of Ecological Balance and the Protection of the Environment.

TRANSIENT

FIRST.- This order will take effect on the ninety calendar days following its publication in the Official Journal of the Federation.

SECOND.- All legal provisions that object to the content of this Law are repealed.

THIRD.- The Regulation of this Law shall be issued within a period not greater than one hundred and eighty calendar days from the publication of the This is a decree in the Official Journal of the Federation.

FOURTH.- All procedures, administrative resources and other matters relating to the matters referred to in this Law, initiated prior to the Entry into force of this Decree shall be processed and resolved in accordance with the provisions in force at that time.

FIFTH.- The governments of the federative entities and the municipalities, must issue and, where appropriate, adapt their laws, regulations, and other legal provisions, in accordance with the powers applicable to each of them.

SIXTH.- The Secretariat of Communications and Transport will issue no more than one hundred and eighty calendar days of the publication of the present Decree, amendments to the Regulations on the Transport of Dangerous Materials and Waste.

SEVENTH.- The authorizations or permits granted before the date of entry into force of this Decree, shall remain in force; their extension or Renewal shall be subject to the provisions of this Decree.

EIGHTH.- Those responsible for formulating the management plans for hazardous waste referred to in Article 31 of this order will count with a period of no more than two years to formulate and submit to the Secretariat those plans.

NINTH.- The procedure for the presentation of the preliminary draft of the Mexican official rules regarding the processes of incineration of waste must start within a period of not more than one hundred and twenty calendar days from the publication of this Decree in the Official Journal of the Federation.

DECIMAL.- The procedure for the presentation of the anteprojects of the Mexican official norms regarding the establishment of the criteria for determine and list the waste subject to management plans and the procedures for formulating and applying them shall be initiated within a period not greater than one hundred and twenty calendar days after the publication of this Decree in the Official Journal the the Federation.

TENTH FIRST.- The national plan for the implementation of the actions to comply with the obligations arising from international conventions of the that Mexico is a party, related to the management and integral management of hazardous waste, persistent organic pollutants and other matters related to the object of this Law, must be published in the Official Journal of the Federation within a period not longer than two years from the publication of the This Decree.

TENTH SECOND.- The validity of the authorizations referred to in Article 53 of this Law shall be five years, as long as the Regulation of the Law.

THIRTEENTH THIRD.- For the purposes of issuing authorizations, until the Regulation of this Law is not issued, the requirements, terms, conditions and deadlines set out in the Regulation of the General Law of Ecological Balance and Protection of the Environment in Matter of Hazardous Waste.

Mexico, D.F., at April 28, 2003.-Sen. Enrique Jackson Ramirez, President.-Dip. Armando Salinas Torre, President.-Sen. Yolanda González Hernández, Secretary.-Dip. Ma. de las Nieves García Fernández, Secretary.-Rubicas".

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for its proper publication and I hereby express my request to the Federal Executive Branch, in Mexico City, Federal District, to the three days of October of two thousand three.- Vicente Fox Quesada.-Rubrio.-The Secretary of the Interior, Santiago Creel Miranda.-Heading.

TRANSIENT ITEMS OF REFORM DECREES

DECREE to reform and add to various provisions of the General Law for the Prevention and Integral Management of Waste.

Published in the Official Journal of the Federation on May 22, 2006

Article First.- The third and fourth paragraphs are added to Article 111 of the General Law for the Prevention and Comprehensive Management of Waste, to be as follows:

..........

Article Second.- Articles 1, fraction XIII; 7, fraction VIII and 101 are reconstituted, and a first paragraph is added, while the other paragraphs in its order are to Article 104 of the General Law for the Prevention and Integral Management of Waste, to be as follows:

..........

Article Third.- The V-section is added to Article 112 of the General Law for the Prevention and Integral Management of Waste, to remain as follows:

..........

TRANSIENT

Unique.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.

Mexico, D.F., at 5 April 2006.-Sen. Carlos Chaurand Arzate, Vice President.-Dip. Marcela González Salas P., President.-Sen. Sara I. Castellanos Cortes, Secretary.-Dip. Ma. Sara Rocha Medina, Secretary.-Rubicas."

In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree at the Federal Executive Branch, in Mexico City, Federal District, at the sixteen days of May of two thousand six.- Vicente Fox Quesada.-Rubrica.-The Secretary of the Interior, Carlos Maria Abascal Carranza.-Heading.

DECREE amending Article 17 of the General Law for the Prevention and Comprehensive Management of Waste.

Published in the Official Journal of the Federation on June 19, 2007

ARTICLE FIRST.- Article 17 of the General Law for the Prevention and Comprehensive Management of Waste is reformed to remain as follows:

..........

TRANSIENT

ARTICLE ONLY.- This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.

Mexico, D.F., on April 26, 2007.-Dip. Jorge Zermeno Infante, President.-Sen. Manlio Fabio Beltrones Rivera, President.-Dip. José Gildardo Guerrero Torres, Secretary.-Sen. Renan Cleominio Zoreda Novelo, Secretary.-Rubicas."

In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at the twelve days of June of two thousand seven.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of Government, Francisco Javier Ramirez Acuna.-Heading.

DECREE adding a fraction XIII to Article 96 of the General Law for the Prevention and Integral Management of Waste.

Published in the Official Journal of the Federation on May 30, 2012

Single Article.- A XIII fraction is added to Article 96 of the General Law for the Prevention and Integral Management of Waste, to remain as follows:

..........

TRANSIENT

ONLY.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.

Mexico, D.F., on April 17, 2012.-Dip. Guadalupe Acosta Naranjo, President.-Sen. José González Morfin, President.-Dip. Heron Escobar Garcia, Secretary.-Sen. Ludivina Menchaca Castellanos, Secretary.-Rubicas."

In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at twenty-nine in May of two thousand twelve.- Felipe de Jesús Calderón Hinojosa.-Rubrica.-The Secretary of the Interior, Alejandro Alfonso Poire Romero.-Heading.

DECREE to reform and add to various provisions of the General Law for the Prevention and Integral Management of Waste.

Published in the Official Journal of the Federation on May 21, 2013

UNICO ARTICLE. Article 7, current fractions XIV and XXI; 9 fraction X; 25; 28; 96, fraction I; and Articles 7, with fractions are added. VI, XXIII and XXIV, in their order the subsequent ones; 10 with a fraction IX of the General Law for the Prevention and Integral Management of the Waste, to remain as follows:

.........

TRANSIENT

FIRST.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.

SECOND.- Federative entities will need to carry out the reforms to their legislation and regulations, in the provisions that are necessary for the development and implementation of this Decree.

Mexico, D.F., 3 April 2013.-Sen. Ernesto Cordero Arroyo, President.-Dip. Francisco Arroyo Vieyra, President.-Sen. Rosa Adriana Díaz Lizama, Secretary.-Dip. Merilyn Gomez Wells, Secretary.-Headings."

In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at seventeen in May of two thousand thirteen.- Enrique Peña Nieto.-Rubrica.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.

DECREE issuing the Federal Law on Environmental Responsibility and reforming, adding and repealing various provisions of the General Law of the Ecological Balance and Protection of the Environment, the General Law of Wildlife, the General Law for the Prevention and Integral Management of Waste, the General Law on Sustainable Forest Development, the Law of National Waters, the Code of Law, Federal Criminal Law, of the Law of Shipping and Trade and of the General Law of National Goods.

Published in the Official Journal of the Federation on June 7, 2013

ARTICLE FOURTH.- 17 and 77 are amended, a paragraph is added to Article 68 of the General Law for the Prevention and Comprehensive Management of Waste, to remain as follows:

..........

TRANSIENT

FIRST.- This Decree shall enter into force within thirty days of its publication in the Official Journal of the Federation.

SECOND.- The Environmental Responsibility Fund should be constituted and its bases and rules of operation, elaborated and approved within one hundred and eighty days following the entry into force of this Decree.

THIRD.- The District Courts specialized in environmental matters shall be established within a maximum of two years from the entry into This Decree shall apply. The Jurisdiction specialized in environmental matters may be awarded to the District Courts in functions in each judicial circuit or according to what the Council of the Federal Judicature has, without this implying the creation of new The staff of each of these District Courts will receive specialized training in the field of environmental regulations.

Mexico, D.F., April 25, 2013.-Sen. Ernesto Cordero Arroyo, President.-Dip. Francisco Arroyo Vieyra, President.-Sen. Rosa Adriana Díaz Lizama, Secretary.-Dip. Javier Orozco Gomez, Secretary.-rubrics."

In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request this Decree in the Federal Executive Branch, in Mexico City, Federal District, to five June of two thousand thirteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.- Heading.

DECREE that Article 1 is reformed. of the General Law of Ecological Balance and Environmental Protection and Article 1 of the General Law for the Prevention and Comprehensive Management of Waste.

Published in the Official Journal of the Federation on November 5, 2013

Article Second.- The second paragraph of Article 1 of the General Law for the Prevention and Comprehensive Management of Waste is reformed to remain as follows:

.........

Transient

Unique.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.

Mexico, D. F., 2 October 2013.-Sen. Raul Cervantes Andrade, President.-Dip. Ricardo Anaya Cortes, President.-Sen. Lilia Guadalupe Merodio Reza, Secretary.-Dip. Merilyn Gomez Wells, Secretary.-Headings."

In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree at the Federal Executive Branch, in Mexico City, Federal District, to twenty-nine of October of two thousand thirteen.- Enrique Peña Nieto.-Rubrica.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.

DECREE to reform and add to various provisions of the General Law for the Prevention and Integral Management of Waste.

Published in the Official Journal of the Federation on March 19, 2014

ARTICLE 7; 7; fractions I; II and III of Article 9; and the first paragraph of Article 26; and an additional one is added. Section IX to Article 19, traversing the current fraction IX so that it becomes fraction X of the same article; a fraction IV to article 28, of the General Law for the Prevention and Integral Management of the Waste, to remain as follows:

..........

TRANSIENT

FIRST.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.

SECOND.- The Environment and Natural Resources Secretariat will make the necessary modifications to the corresponding Mexican Official Standard and other provisions which it considers applicable in order to bring them into line with the content of this decree, no later than 180 days after entry into force.

Mexico, D.F., at 6 February 2014.-Dip. Ricardo Anaya Cortes, President.-Sen. Raul Cervantes Andrade, President.-Dip. Fernando Bribiesca Sahagun, Secretary.-Sen. Lilia Guadalupe Merodio Reza, Secretary.-Rubicas."

In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, to twelve March of two thousand fourteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.- Heading.

DECREE for reform and addition of various provisions of the General Law for the Prevention and Comprehensive Management of Waste, and of the Law From Roads, Bridges and Federal Transportation.

Published in the Official Journal of the Federation on June 4, 2014

ARTICLE FIRST.- Article 19, fraction III, Article 28, and Article 98 are reformed; an X fraction is added to Article 19; The following in his order and two paragraphs to Article 100, to the General Law for the Prevention and Integral Management of the Waste, to remain as follows:

.........

TRANSIENT

FIRST.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.

SECOND.- In terms of the provisions of section XXVIII of article 7 of the General Law for the Prevention and Integral Management of Waste, the Executive Branch Federal should develop a "National Strategy for Integral Management of Used Tyres."

THIRD.- Those responsible for formulating the management plans for the waste that are included in the listings referred to in Article 28, fraction III of the General Law for the Prevention and Integral Management of Waste, as well as the producers, manufacturers, importers and distributors of used tires, will have a period of no more than two years to formulate and submit to the (a) the authority concerned with such plans as soon as the lists.

FOURTH.- The Federal Executive will have to publish the official Mexican standard that establishes the criteria of management, shared responsibility and valorization for the integral handling of used tires.

QUINTO.- Concessions and permissions granted to build, operate, exploit, preserve, and maintain federal roads and bridges prior to entry in force of this Decree shall continue in force in the terms and conditions entered in these terms, until the end of their validity.

With regard to the concessions and permits under way, this Law shall be in accordance with the provisions applicable to the moment of start such a procedure.

SIXTH.- All provisions that are opposed to this Decree are repealed.

Mexico, D.F., on April 29, 2014.-Dip. José González Morfin, President.-Sen. Raul Cervantes Andrade, President.-Dip. Xavier Azuara Zuniga, Secretary.-Sen. Rosa Adriana Diaz Lizama, Secretary.-Rubicas."

In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree in the Federal Executive Branch, in Mexico City, Federal District, to two June two thousand fourteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.- Heading.

DECREE that reforms Articles 35 and 38 of the General Law for the Prevention and Comprehensive Management of Waste.

Published in the Official Journal of the Federation on December 5, 2014

Article Unique.- Articles 35, fraction VI and 38 of the General Law for the Prevention and Comprehensive Management of Waste are amended to read:

.........

Transient

Unique.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.

Mexico, D.F., on October 22, 2014.-Sen. Miguel Barbosa Huerta, President.-Dip. Silvano Aureoles Rabbit, President.-Sen. Lucero Saldana Perez, Secretary.-Dip. graciela Saldana Fraire, Secretary.-headings."

In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request this Decree in the Federal Executive Branch, in Mexico City, Federal District, to four December of two thousand fourteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.

DECREE amending Article 47 of the General Law for the Prevention and Comprehensive Management of Waste.

Published in the Official Journal of the Federation on May 22, 2015

Article Unique. Article 47 of the General Law for the Prevention and Comprehensive Management of Waste is reformed to remain as follows:

..........

Transient

First. This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.

Second. Within a period of no more than 180 calendar days from the entry into force of this Decree, the Secretariat shall carry out the reforms to which it has place of the Regulation of this Law.

Mexico, D.F., to April 8, 2015.-Sen. Miguel Barbosa Huerta, President.-Dip. Julio Cesar Moreno Rivera, President.-Sen. Lilia Guadalupe Merodio Reza, Secretary.-Dip. graciela Saldana Fraire, Secretary.-headings."

In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree in the Federal Executive Branch, in Mexico City, Federal District, to nineteen May of two thousand fifteen.- Enrique Peña Nieto.-Rubrica.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.