Dumping Law In The Mexican Marine Areas

Original Language Title: Ley de Vertimientos en las Zonas Marinas Mexicanas

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EXECUTIVE BRANCH

SECRETARY OF NAVY

DECREE issuing the Law of Vertiations in Mexican Marine Zones.

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

ENRIQUE PEÑA NIETO, 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, DECCRETA:

expide the bill of vertigo in Mexican marine areas.

UNICO ARTICLE.- The Law of Vertiments in Mexican Marine Zones is issued, to remain as follows:

Law of Vertiations in Mexican Marine Zones

Chapter I

Application Object and Scope

Article 1.-This law is of federal jurisdiction, its provisions are of public order and have as its object the control and prevention of pollution or alteration of the sea by vertigo in the areas Mexican navies.

The interpretation of these provisions corresponds, for administrative purposes, to the Federal Executive, through the Secretariat of the Navy.

Article 2.-For the purposes of this Law, it is understood by:

I.            Waste.-Material or product that is in solid or semi-solid state, or is a liquid or gas contained in containers or tanks. This definition includes all categories of waste covered by national legislation;

II.           Dredging.-Withdrawal, movement or excavation of soil covered or saturated by water, including the action of delving and cleaning to maintain or increase the depths of ports, waterways or land saturated by water; Wetlands, opening ditches that allow the free flow of water, eliminating poor quality soils in areas where structures are planned to be installed;

III.          Incineration.-The thermal destruction of waste or other materials on board a vessel, platform or other construction at sea for deliberate disposal in Mexican marine areas, except for other International Law or Treaty the Mexican State is a party to prohibit such elimination. This definition does not include hazardous waste, the incineration of which is governed by the provisions of the applicable legislation;

IV.         Law.-Law of Vertiations in Mexican Marine Zones;

V.          Other materials.-Materials and substances of any kind, shape or nature;

VI.         Secretary.-The Secretary of the Navy;

VII.        Suspension.-The temporary interruption of a discharge in the Mexican marine areas, because it does not comply with the provisions of this Law, the authorized permit for such an act or when it is detected that an alteration is being caused to the environment;

VIII.       Surveillance.-Activity by the Secretariat to protect Mexican marine areas, detect the performance of illicit activities or non-compliance with this Law and other applicable legal provisions;

IX.         Inspection Visit.-The acts performed by the Secretariat to verify compliance with the provisions of this Law;

X.          Area of Tyre.-Area determined geographically by the Secretariat to carry out the discharge, and

XI.         Mexican Marine Areas.-Those established in the Federal Law of the Sea.

Article 3.-It is vertigo in Mexican marine areas, any of the following assumptions:

I.            Any evacuation, disposal, introduction or release in the Mexican marine areas, deliberate or accidental, of wastes or other materials including aloctony ballast waters, from vessels, aircraft, platforms or other constructs;

II.           The deliberate sinking of ships, aircraft, platforms or other buildings, as well as those resulting from it;

III.          The storage of waste or other materials on or on the seabed from ships, aircraft, platforms or other buildings;

IV.         The abandonment of vessels, aircraft, platforms or other constructions, or other objects, including fishing gear, with the sole purpose of deliberately disposing of them;

V.          The discharge of any type of organic matter as attractant of biological species, the purpose of which is not their fishing;

VI.         The placement of materials or objects of any kind, in order to create artificial reefs, springs, ears, escorts, or any other structure, and

VII.        The resuspension of sediment, consisting of the return of the sediment deposited, to a state of suspension in the body of water, by any method or procedure, which results in its sedimentation.

Article 4.-All aspects shall be carried out in the terms and conditions stated in this Law.

The incineration of waste or other materials in Mexican marine areas is prohibited, as well as the import and export of wastes or other materials for their discharge or incineration, Therefore, any contravention shall be sanctioned in terms of this Law.

Chapter II

Authority

Article 5.-The Secretariat is the authority in matters of vertigo and will have the following powers:

I.            Grant and cancel discharge permits and monitor compliance; likewise, suspend any deliberate dumping of waste or other materials that contravene the provisions of this Law;

II.           Conduct inspection and surveillance visits;

III.          Conduct oceanographic research, actions, deliver opinions and resolutions;

IV.         Determine the responsibilities and impose the penalties provided for in this Law;

V.          To lay down preventive measures to prevent the dumping of waste or other materials resulting in damage or damage to the coastal or marine environment;

VI.         Integrate statistical information and take control of the aspects of the Mexican marine zones, as well as the imposed violations;

VII.        Fix the amount to be covered by the applicant, to ensure the repair of the damages, damages and fines that could be applied, for contravening the provisions of the Law or the permit by means of a deposit ticket; and in its case implement legal actions, where the security has not been sufficient for such purposes;

VIII.       To establish measures for the prevention, reduction and, where appropriate, elimination of the pollutants contained in the material to be discharged or contamination by the discharge, as well as the criteria to prevent them from being transferred, directly or indirectly, damage from one part of the environment to another, or transform one type of pollutant into another;

IX.         Propose the cost of the services provided for the containment, prevention and recovery of hydrocarbons and their derivatives or other substances, in accordance with the quotas authorized by the Secretariat of Finance and Credit Public;

X.          Establishing and issuing the criteria for the materials or substances which may be the subject of requests for vertigo;

XI.         To interpret and implement the provisions of the 1996 Protocol on the Convention on the Prevention of Pollution of the Sea by Verdant Waste and Other Materies, 1972, adopted in the City of London;

XII.        Propose annually, in the face of the federal public administration's dependence, the amount of the rights that will be charged to the holders of the discharge permits for the use of Mexican marine zones;

XIII.       Determine the range of shooting, or where appropriate to authorise the area proposed by the person concerned;

XIV.       To act as a responsible authority to the international organizations, in the field of pollution prevention in the Mexican marine areas due to the dumping of residues and other materials, for which, in their case, they will have to coordinate with the dependencies of the Federal Executive, which, at national level, have competence in matters related to compliance with the relevant international commitments;

XV.        Participate in national and international forums on aspects, as well as report annually or when required by the International Maritime Organization of the branches authorized by the Secretariat;

XVI.       Provide intervention to another dependency of the federal government or agency when the possible infringement of other legal provisions is removed from the facts, and

XVII.      Issue and update the necessary formats according to the material intended to be poured, considering the advances of science and technology, and should be published in the Official Journal of the Federation.

Article 6.-The Maritime Authority in the matter of Merchant Marine, in terms of the provisions of the Law on Maritime Navigation and Trade, which determines the sinking of ships, platforms or other Construction at sea shall be subject to the provisions contained in this Law.

Article 7.-The Secretariat, in coordination with the other dependencies of the Federal Public Administration, public and private research and higher education institutions, will promote and facilitate the scientific and technical research on the prevention, reduction and elimination of pollution by dumping of waste and other materials. Research should include the observation, measurement, evaluation and analysis of pollution through scientific methods, as well as the dissemination and enforcement of this Law.

Chapter III

Assessment to Consider in Vertiations

Article 8.-The Secretariat will assess the origin, circumstances and effects of the discharge, considering the justification for this effect, in the following terms:

I.            The need to carry out the discharge, after the person concerned shows that no alternative is possible;

II.           The type, nature and quantity of the waste or materials intended to be poured and the danger which may be posed to human health or the environment, considering coastal and marine biota, marine mineral resources, the coastal and marine dynamics, the beaches and the economic, recreational, scenic and legitimate uses of the sea, particularly in relation to the following:

(a) The transfer, concentration and dispersion of the substances intended to be poured and their metabolites (bioproducts);

b) Substantial changes in the diversity, productivity and stability of marine ecosystems;

c) The persistence and persistence of the substances discharged;

d) The type, quality, quantity and concentration of waste to be poured;

e) Land alternatives and their likely environmental impacts, locations and methods to carry them out, taking into account the public interest and the possibility of a adverse impact on Mexican marine areas, and

f) The effect it causes on the oceans and their influence on scientific studies, fisheries and other explorations of living and inert resources of the sea;

III.          The method, frequency and date of the discharge;

IV.         The way to store, contain, load, transport and unload the substance or material to be poured;

V.          The location for the slope, the distance closest to the coast, depth in the area and technique provided by the person concerned;

VI.         The default sites by the Secretariat for the discharge to be performed;

VII.        The route which the Secretariat of Communications and Transport agrees to follow the vessel or aircraft that transport the substance to the site;

VIII.       Special precautions to be taken with regard to the loading, transport and discharge of the substance;

IX.         The details of the production process and the sources of waste in this process, and

X.          The feasibility of each of the following techniques to reduce or prevent waste production:

a) Reformulation of the product;

b) Clean production technologies;

c) Modification of the process;

d) Substitution of inputs, and

e) Closed cycle reuse on site.

Article 9.-The Secretariat to grant or deny a discharge permit, in addition to the assessment referred to in the previous article, shall observe the following aspects:

I.            Chemical, physical, biological, geological and toxicological characterization of wastes or other materials;

II.           The oceanographic features of the vertigo site;

III.          The minimum monitoring lapse required to determine if changes exist, in order to avoid risk in ecological balance or unanticipated harmful effects;

IV.         The necessary technical information to ensure the preservation of the initial conditions of the place of discharge;

V.          That the material to be poured does not significantly influence current and other possible uses at sea;

VI.         The applicant's background in respect of past permits, official standards and other applicable provisions, and

VII.        That the waste or material in respect of which the discharge is requested is regulated in a legal provision that prohibits the form and characteristics of the discharge that is requested.

Article 10.-The Secretariat may indicate to the applicant, where appropriate, that it should formulate and implement a strategy to reduce the production of waste, assisting with the competent authorities, in which case, shall implement the necessary inspections in order to verify compliance.

Article 11.-The person concerned, when submitting the application for the discharge of waste or other materials, including dredging materials, non-contaminated organic materials of natural origin, waste from fish or materials resulting from fish processing operations, vessels, platforms, geologicals, iron, steel, concrete and cloacal sludge; it shall prove that it has exhausted any of the options for the integral handling of waste comprise, but not limited to, the following:

I.            Reuse;

II.           Recycling outside Mexican marine waters;

III.          Destruction of hazardous components;

IV.         Treatment to reduce or remove hazardous components, and

V.          Evacuation on land, in the atmosphere and at sea.

Article 12.-The discharge permit will not be granted, when the Secretariat warns that there are adequate possibilities to carry out a comprehensive management of the waste, which does not involve health risks human or environmental damage, greater than what the requested discharge would entail or unconscionable costs.

To identify the possibilities of integral waste management, the Secretariat may request the opinion of the Secretariat for Environment and Natural Resources, in the case of hazardous waste, or competent environmental authorities, in the case of special handling or urban solid waste.

Article 13.-The toxic, physical, chemical and biological description and characterization of the waste is a requirement to determine the provenance of the waste, as well as to consider the alternatives.

The Secretariat will not authorize the discharge when the characterization of the waste is insufficient and its possible impact on health and the coastal and marine environment cannot be adequately assessed.

There will be no dumping of waste or other materials in marine protected natural areas and their areas of influence, in accordance with the General Law of Ecological Balance and Protection of the Environment and those areas that establish the General Wildlife Law.

Article 14.-The Secretariat, when assessing the request for dumping of waste or other materials at sea, shall take into consideration the following factors:

I.            Origin, total quantity, form and average composition;

II.           Physical, chemical, biochemical and biological properties;

III.          Toxicity;

IV.         Physical, chemical and biological persistence, and

V.          Accumulation and biotransformation in biological materials or sediments.

Article 15.-The Secretariat, by agreement of its holder, on the basis of the guidelines concerning the Protocol on the Prevention of Pollution of the Sea by dumping of waste and other matters, 1972, with the participation of other Dependencies of the Federal Public Administration and scientific research institutions, shall issue the criteria to be observed in respect of the wastes, materials or substances which may be Request for a discharge. Agreement to be published annually in the Official Journal of the Federation.

The criteria will be defined from the components of waste, materials and substances and the information available on their possible effects on human health and the marine and coastal environment.

In the Agreement, waste, materials or substances that cannot be discharged will be defined. For this definition, they shall be considered, in an enunciative and non-limiting manner:

I.            Toxic, persistent and bioaccumulative anthropogenic substances, including persistent plastics and other synthetic materials, cadmium, mercury, organohalogens, organometalics, hydrocarbons and their derivatives, where appropriate, Arsenic, lead, copper, zinc, beryllium, chromium, nickel, vanadium, and their compounds of all these; organic compounds of silicon, cyanides, fluorides, pesticides and pesticides or their byproducts other than organohalogens; and

II.           Those compounds for which information is available to demonstrate that they cause harm to human health or to the marine and coastal environment.

The provisions of this Article do not constitute a characterization of the waste or other materials, which shall be carried out in accordance with the applicable legislation.

Article 16.-The Secretariat by Agreement of its holder, in accordance with the guidelines concerning the Protocol on the Prevention of Pollution of the Sea by dumping of waste and other materials, 1972, as well as national systems in the field, will establish the maximum, lower and upper limits for the discharge of wastes, materials or substances, after the opinion of other Dependencies of the Federal Public Administration. Agreement to be published annually in the Official Journal of the Federation, considering the following:

I.            wastes containing certain substances or substances causing biological reactions exceeding the relevant upper limit; they shall not be discharged into the sea unless their discharge is acceptable after they have been subjected to Hazardous component degradation techniques or procedures;

II.           Wastes or other materials containing certain substances which cause biological reactions, which do not exceed the relevant lower limit, shall be considered to be of low environmental impact from the point of view of their discharge, and

III.          Wastes containing certain substances which cause biological reactions, which do not exceed the upper limit but exceed the lower limit, shall require a more detailed assessment in order to determine the acceptability of the vertigo.

Article 17.-When it is intended to pour volumes less than three cubic metres of inert non-contaminated or inorganic non-contaminated geological materials, the data subject shall submit to the Secretariat its project and This shall be carried out by the analysis and shall be considered by a single occasion of the permit procedure.

In the event that material is dumped in excess of the volume of the project, it shall be considered as unauthorized and shall be liable to the penalties provided for in this Law.

Chapter IV

From Permissions

Article 18.-The Secretariat shall grant permission for the discharge to natural or moral persons of Mexican or foreign nationality prior to the fulfilment of the requirements laid down in this Law, in accordance with the Official Mexican Standards, or where appropriate, in the light of the evaluation of the results of the technical studies and scientific information applicable in the field, to be submitted by the data subject.

Article 19.-To effect a discharge is required for permission granted by the Secretariat in the terms and conditions laid down in this Law, and the interested party must present the following:

I.            Application format, duly requested, signed by the applicant and the person responsible for the operation of the discharge;

II.           Environmental impact authorization issued by the Secretariat of the Environment and Natural Resources;

III.          Program of the discharge that indicates the works or activities to be carried out;

IV.         Result of the analysis and the toxic, physical, chemical and biological characterisation of structures, wastes or other materials intended to be poured, which are carried out in accordance with the applicable standards and carried out by laboratories accredited to the Mexican Accreditation Entity;

V.          Programmes for environmental monitoring, bathymetric, hydrodynamic studies and the benthic composition of the area of discharge, before, during and after it;

VI.         Proposal for a range of areas, including oceanographic, biological, geographical position, leisure activities, natural beauty, cultural or historical interest, scientific importance, natural shelters, spawning, breeding and repopulation; migratory routes; seasonal and critical habitat; fishing areas; waterways; technological uses of the sea floor; exclusion zones and other legitimate uses of the sea;

VII.        Proof of payment of rights by way of processing, study and authorization of discharge, as established in the Federal Law of Rights;

VIII.       Triplicate of the documentation and electronic file, and

IX.         Depending on the case, as set out in the appropriate format, the opinion of the following authorities:

(a) The municipal authority, in respect of the non-existence of a place on the ground for the disposal of waste or other materials, including material dredging product;

b) The Secretariat of Communications and Transport, with respect to the affectation to the maritime traffic in the area of discharge, the operations of this or the discharge, and

c) The Energy Secretariat, through the National Nuclear Safety and Safeguards Commission, when it is presumed that the materials or substances to be dumped contain radioactive materials.

The Secretariat of Health, at the request of the Secretariat, when the case requires, shall issue the corresponding opinion regarding the affectation to human health, as a consequence of the dumping or matters, in the terms of the applicable legal provisions.

Article 20.-The person concerned shall submit to the Secretariat the request for discharge in writing at least 60 working days prior to the date on which he intends to do so, by himself or by means of representative or legal proxy, designating a person with scientific, technical and academic knowledge related to aspects of the marine environment; personality that will accredit according to the applicable legal provisions, attaching the documentation which establishes this Law.

The Secretariat will review the documentation to be complete and comply with the requirements set forth in this Law. If you notice that you are incomplete or that you present omissions or irregularities, you will return it to the person concerned, so that you will be subsane within a period of fifteen working days. If the time limit has not been remedied, the request for discharge shall be deemed not to have been submitted. If the requirements are met, the file will be integrated.

Article 21.-The Secretariat shall resolve the request for discharge within a time limit which may not exceed 60 working days, within which the provisions of the application are included and shall be without prejudice to the terms of the This Act.

If the Secretariat considers the application, prior to the issue of the permit, to inform the data subject of the amount to be covered, by way of payment of rights for the use of the zone Mexican navy.

Article 22.-The vertigo permission will contain the following:

I.            Name of the natural person or the name or social reason of the moral person, as appropriate;

II.           Volume of waste or other materials to be poured expressed in cubic metres;

III.          Description of the material or waste to be poured;

IV.         Name of the Project to be developed;

V.          Validity of the permit;

VI.         Geographical location and depth of the approved range, as well as the distance to the nearest coast;

VII.        The amount to ensure the repair of the damages, damages and fines that may be applied, in breach of the provisions of the Law or of the permit;

VIII.       The terms and conditions set by the Secretariat to carry out the discharge, and

IX.         The obligation of the holder of the permit to respond for damage to the environment that may cause the discharge.

Article 23.-Permits are non-transferable; any violation shall be sanctioned, as stated in this law, to the person who transfers them, to whom he or she makes or intends to make use of them.

The interested party must have the original permission, at the place, ship, platform or aircraft used for the discharge. The omission of this obligation will be sanctioned.

The stakeholders will have a log book called a vertigo log, which will contain the following information: date, time, geographic situation, depth, material spill, volume, method discharge, packing, direction and speed of the current, state of the sea, wind direction and speed, atmospheric temperature and pressure, relative humidity, water temperature, cloudiness and coverage of the sky; required by the Secretariat.

The Secretariat will establish the validity in the permit, depending on the type of discharge.

Article 24. No extensions or extensions shall be granted to permits, except in cases of force majeure, technical or financial situation affecting the activities of discharge, and the data subject should be justified. The Secretariat shall be empowered to classify and resolve them as to their provenance or provenance.

The data subject will adjust to the provisions indicated to you. In the event of enlargement, the Secretariat shall analyse the application on the basis of the volume of the extension, in which case it shall be resolved within a period of not more than 15 working days, the person concerned being covered by the payment of agreement with the volume to be poured and the increase of the deposit referred to in Article 5 (VII) of this Law.

Article 25.-The processing, processing, issuing of permits, resolutions and other provisions established by this Law shall be carried out in working days and hours. The acts of inspection and surveillance which the Secretariat carries out in the terms of this Law, which may be carried out in any day and time, shall be exempt from this provision, without it being necessary to mediate for days and hours.

Article 26.-The Secretariat itself or at the request of the data subject, may modify the terms and conditions of the discharge permit, when the conditions under which it was issued or are present facts or circumstances beyond, which are not attributable to the person concerned, which involve modification of the terms in which the permit was granted, in accordance with the procedure laid down in this Law.

Chapter V

Of Additional Vertients Obligations

Article 27.-In addition to the requirements laid down in this law, the person concerned shall comply with the following:

I.            It shall deliver the original results of analysis determined in accordance with the type of material intended to be poured, and shall annex chromatograms, field sheets and chain of custody of the sample and four points around the sample. with a minimum radius of one nautical mile from a distance, or as determined by the Secretariat in relation to the area where the discharge is to be carried out, in order to monitor the possible effects of the discharge on the approved range, prepared by an accredited laboratory, three working days after the end of the discharge;

II.           To deliver the sampling and analysis issued by the responsible laboratory, the date, time and geographical coordinates of the collection site must be established in the laboratory report, indicating whether the results did not exceed the maximum limits permitted by current environmental regulations, as set out in Chapter III of this Law;

III.          It shall present, in the case of dredging material, prior to the execution of the project, the assessment of the leachate of the sludge or sediment of the dredging which shall be discharged into the sea, the sample being taken before the start of the project. Sea discharge; it shall also prepare a study of the benthic composition of the approved zone;

IV.         It shall, where necessary, deliver the bathymetric and hydrodynamic studies of the range of shooting, carried out within three working days following the end of the discharge operations, or within the time set by the Commission. Secretariat;

V.          Provide, as appropriate and for the time indicated by the Secretariat, a report on environmental monitoring, in order to verify that there is no possible environmental damage caused by the maneuvers of the activities to be carried out, as well as maintain the zone in the environmental conditions that have been established so far, and must annex chromatograms, field sheets and chain of custody, and

VI.         It will suspend the activities of vertigo in the presence of a meteorological phenomenon that because of its magnitude and intensity could cause damage to the ecosystems, and will proceed in the same way when the discharge itself causes the same consequences.

Chapter VI

From Inspection and Surveillance Visits

Article 28.-Accredited staff of the Secretariat shall carry out inspection and surveillance visits for compliance with this Law, as well as the Promulgatory Decree of the 1996 Protocol on to the Convention on the Prevention of Pollution of the Sea by the Versioning of Waste and Other Materies, 1972.

Article 29.-The acts of Inspection and Surveillance shall be carried out by accredited personnel of the duly authorized Secretariat.

For this purpose, an official credential will be issued to accredit your personality, as well as the commission trade duly founded and motivated.

Article 30.- In the event of a flagrant or violation of this Law, the inspection will be carried out, making it known to the alleged infringer the reason for the due diligence, the staff being empowered accredited, to proceed in the terms of the provisions of this Law.

Captains, ship patterns, aircraft pilots, platforms or persons who are on the same basis as those responsible for the construction of works or any other activity carried out in the areas Mexican navies, will have the obligation to provide the facilities to the Secretariat staff, in order for the inspection to be carried out, providing the documentation and information required for compliance with this Law, as well as allow access to all areas of the ship, structure, platform, naval device, warehouse or aircraft, and display the discharge and other documentation related to the development of their activities.

Article 31.-In the event of a complaint for violations of this Law, the accredited personnel must have the corresponding trade, in which the object of the diligence, domicile or place is specified verify, name, name or social reason of the natural or moral person, to whom the source of the discharge is attributed, or any information deemed necessary for the practice of diligence.

Article 32.-The accredited staff of the Secretariat is empowered to:

I. Inspect any work, place, ship, structure, platform, naval device, warehouse or aircraft, in which elements or indications are presented that The presence of any waste or other materials that are to be dumped shall be presumed;

II.           Examine and where appropriate take samples of the waste or other materials found;

III.          Require shipment documentation of the material found on board;

IV.         Travel or stay in the ship, structure, platform, naval device, warehouse or aircraft that transport the waste or other materials that are to be discharged in case of the permit, to verify that it is carried out in the place authorized;

V.          Address at any port or terminal, a national or foreign vessel or aircraft, in which elements or indications are presented that carry waste or materials to be dumped or abandoned in Mexican marine areas;

VI.         If, as a result of inspection and surveillance, violations of this Law are detected, the infringer and the ship will be taken to the nearest port, in order to avoid the continuation of the discharge, imposing the sanction. corresponding;

VII.        Where necessary, the Secretariat shall request the Port Captaincy to prevent the ship from leaving, or, where appropriate, to do so by the airport commander in the case of an aircraft;

VIII.       In order to avoid the deliberate dumping of waste or materials on board a vessel, structure, platform, ship, warehouse or aircraft, the corresponding measures shall be taken, and

IX.         In the case of domestic or foreign aircraft located at the airports of the national network, the staff of the Secretariat shall coordinate with the airport commander the facilities required for the performance of their operations. functions.

Article 33.- During inspection and surveillance, accredited personnel must observe the following:

I.            Identify with the person with whom the diligence is understood, showing him the corresponding trade and requiring him to appoint two witnesses at the event;

II.           In the event of a refusal, or if the appointed witnesses do not agree to serve as such, the staff of the Secretariat shall designate them, stating that circumstance in the minutes, without affecting the validity of the inspection;

III.          Where the person with whom the diligence is understood is not found at the place to be inspected, that circumstance shall be laid down in the act;

IV.         The Secretariat shall, in the minutes, determine the actions to be implemented arising from violations of this Law;

V.          The Secretariat shall, in the minutes, determine the urgent measures to be applied in the event that the discharge poses an imminent risk of harm to human health or to ecosystems;

VI.         After the inspection, the person with whom the diligence was understood shall be made aware of his right to express what is appropriate to his interests, in relation to the facts or omissions settled in the minutes, and to provide evidence within the five working days following the date on which the diligence was performed;

VII.        The minutes shall be signed by the person with whom the diligence was understood, by the witnesses and by the authorized personnel, who shall submit a copy of the minutes to the visited, and

VIII.       If the person with whom the diligence was understood or the witnesses refused to sign the act, or the person concerned refused to accept a copy of the act, those circumstances shall be settled, without affecting its validity and probative value.

Article 34.-Of any act of inspection, the corresponding administrative act shall be drawn up, in which the facts or omissions that had been presented during the course of the procedure shall be recorded in a circumstantial manner. diligence. The minutes to be lifted shall contain the following:

I.            Place, time, and date;

II.           Name of the person authorised to carry out the inspection visit, as well as the name of the person with whom the diligence was understood;

III.          Description of the document with which the staff was identified;

IV.         Witnesses of assistance designated by the staff with whom the care was taken; in the event of refusal to appoint them, the inspector shall do so, stating that circumstance, without affecting the validity of the inspection visit. In addition, the staff making the actions shall appoint their witnesses of assistance;

V.          Name of the natural person, company name or social reason, ship, ship, structure, platform, warehouse or aircraft;

VI.         Reason for the inspection;

VII.        In cases where appropriate, the office issued by the Secretariat shall be established, which authorizes it to carry out the inspection in the Mexican marine areas in the field of vertigo;

VIII.       Description of the documentation related to their activities and in their case with the discharge;

IX.         Narration of the facts in a clear and concise way;

X.          Description of the waste, or materials found;

XI.         Infringements that have been committed to this Law;

XII.        Extraordinary measures that have been taken in order to avoid continuing with the discharge;

XIII.       Manifestation of the staff with whom diligence was served, and

XIV.       Name and signature of those involved in the diligence.

Section I

From Preventive Measures

Article 35.-It is preventive measures adopted by the Secretariat in the Mexican marine areas, aimed at preventing the contamination or alteration of the marine environment or affecting human health, result of dumping of waste and other materials, including suspension of discharge.

Article 36.-The Secretariat shall, in emergency cases, order or adopt the immediate preventive measures it deems necessary, in order to cause the least possible damage to the ecosystems to consequence of dumping of waste and other materials, this being the only case that will not follow the administrative procedure laid down in this Law.

Article 37.-The preventive measures that the Secretariat may implement among others, shall include the destruction or sinking of the vessel or aircraft including its equipment, and shall make the minutes corresponding.

Dealing with the destruction or sinking of aircraft, the Secretariat shall coordinate with the aeronautical authority to ensure the proper handling of aircraft parts, components and materials. which are the subject of destruction or collapse. Likewise, the Secretariat will give notice to the Mexican Aeronautical Registry for the purposes of the provisions of Articles 46, fraction III, and 47, fraction III, of the Civil Aviation Law.

Article 38.-The Secretariat based on the results of the inspection, may issue preventive or safety measures to correct any irregularities found, notifying the person concerned and giving it a period for its realization. Those measures shall have the necessary duration for the correction of the irregularities found.

Article 39.-Any person who has knowledge of violations of this Law shall immediately inform the Secretariat, so that it is within the scope of its powers, to take the actions corresponding.

Article 40.-The Secretariat is empowered to require information that is necessary to enable it to locate underwater pipes, installations, structures or constructions that by its nature and which the conditions in which they are found, may cause verities.

The information provided to you will have the character that corresponds to the applicable standard.

Section II

Of Infractions and Sanctions

Article 41.- These are violations of this Law, the following:

I.            Skip reporting on causes of force majeure;

II.           Failure to fulfil the obligations referred to in the Article 27;

III.          Update any of the assumptions referred to in the Article 54;

IV.         The obligations laid down in Article 23 are not met;

V.          Do not comply with the Agreements under this Law, issue the Secretariat;

VI.         Do not comply with the terms specified in the vertigo permission;

VII.        Leave a ship, aircraft, naval device, structure or platform without informing the Secretariat in a timely manner;

VIII.       Carry out vertiations without the authorization of the Secretariat;

IX.         Perform post-suspension verges;

X.          Perform post-cancellation verges, and

XI.         Incur any other violation of the precepts of this Law and its Rules of Procedure.

Article 42.-Sanctions shall consist of:

I. Suspension of 1-day leave for up to 60 days;

II.           Cancellation of the permit, and

III.          Fine, which shall be determined on the basis of the general minimum wage in force in the Federal District at the time of the infringement, of two hundred and fifty to fifty thousand days of minimum wage, according to the infringement and the caused damage.

A suspension of the permit for up to 60 days shall be sanctioned, the infractions provided for in fractions II, V and VI of the previous article.

The cancellation of the permit, when the permissionary incurs the infractions provided for in the fractions III and IV of the previous article.

They shall be punished by fine, according to the infringement and the damage caused, the assumptions foreseen in the fractions I, and from the VII to the XI of the previous article.

The above penalties may be imposed in more than one of their modalities.

In the event that the period of the suspension has elapsed, without the infringer having remedied the irregularities that gave rise to the suspension, the Secretariat will proceed with the cancellation of the permit. respective.

Article 43.-Reincident is considered to be the offender who incurs more than once in conduct involving infractions to the same precept, provided that it has not been distorted.

In case of recidivism, the amount of the fine may be up to twice the amount originally imposed, as well as the cancellation of the permit.

Article 44.-For the imposition of penalties for violations of this Law, the Secretariat shall take into consideration the following circumstances:

I.            The risks or damages produced or likely to occur in human health; the generation of ecological imbalance; the affectation of natural resources or biodiversity;

II.           The action or omission;

III.          The recidivism of the offender;

IV.         The economic conditions of the infringer;

V.          The benefit directly obtained by the infringer for the acts that motivate the discharge;

VI.         In the event that the offender carries out corrective or urgent measures or remedies the irregularities in which he or she has incurred, prior to the imposition of a penalty, the Secretariat shall consider such a situation as mitigating the violation, and

VII.        That a number of infringements have been committed.

Article 45.-The penalties provided for in this Law are independent of the criminal or civil liability incurred under other applicable legal provisions.

Article 46.-When in the same act, several infringements are recorded; the resolution will specify the penalties to be applied and the concept of each of them.

Article 47.-When the staff of the Secretariat, arising from the acts of inspection and surveillance, are aware of acts or omissions that may constitute environmental crimes, they shall make the complaint corresponding to the Public Ministry of the Federation, without prejudice to the attributions that correspond to other Dependencies.

This will be done in the same way, when false documentation is presented to obtain a discharge authorization.

The Secretariat shall provide the technical opinions, when requested by the Public Ministry or the judicial authorities.

Section III

Of The Procedure

Article 48.-In order to impose a penalty, the Secretariat must notify the alleged offender of the initiation of the procedure, by means of a trade in which the facts and the provisions will be specified. legal provisions which are deemed to have been violated and, where appropriate, the provisions which the permit must comply with to remedy the damage caused to the marine ecosystem; for it to be, within 15 working days from the working day next to the one in which the notification is made manifest what is at its right and offer testing.

If the alleged infringer within the period granted does not hold any demonstration, his right will be precluded and the Secretariat will proceed to issue a resolution within 15 working days. the following, making it known to him the right to bring the action of revocation, within the term of fifteen working days from the day following the day the notification was made, in which he must submit in writing his arguments and evidence to the Secretariat.

In case the infringer interputs the resource within the designated term, the analysis shall be carried out and resolution shall be issued within the following fifteen working days. In the event of failure to bring the action, the right shall be precluded and the penalties imposed shall be completed.

If this is the case, the resolution will be made of the knowledge of the Secretariat of Finance and Public Credit, through the State Delegation, for the implementation of the economic sanctions, as well as for make the deposit that has been granted for the issue of the permit effective.

Article 49.-The appeal provided for in the foregoing Article shall proceed instead of the appeal provided for in Article 83 of the Federal Law of Administrative Procedure. Decisions to terminate the administrative procedure issued by the Secretariat shall not be admissible.

Article 50.-The notifications, citations, locations, requirement of reports or documents and the resolutions issued by the Secretariat, shall be made at the address indicated by the defendant and with the persons authorised for such purposes. The notifier must ensure that the person's address is registered and must provide a copy of the act notified and indicate the date and time when the notification is made, seeking the name and signature of the person with whom the diligence is understood. If this is denied, it shall be entered in the notification card, without affecting its validity.

If the person who is to be notified is not found, he/she will be summoned with any person who is at the address, so that the person concerned waits for the notifier at a fixed time of the business day next. If the address is closed, the summons will be left with the nearest neighbor, and this should be the case.

If the person to whom the notice is to be served does not comply with the summons, the notification shall be understood to mean any person who is at the address where the diligence is carried out and, if he refuses to receive it, or if the address is closed, it shall be carried out by an instructor who shall be placed in a visible place of the address.

Of the proceedings to be carried out, the written reason for each of the circumstances shall be taken in writing.

Article 51.-Notifications shall take effect on the day they have been made.

The time limits will start to run from the day following that in which the notification has taken effect.

Article 52.-Any notification shall be made within a maximum period of ten working days following the issuance of the act and shall contain the full text of the act.

Section IV

From Cancellation

Article 53.-The Secretariat shall notify the person concerned, or his legal representative, of the cancellation of the permit, which does not exempt him from the responsibilities contracted with third parties or with Federal authorities, State or Municipal for the duration of the same. Cancellation of the discharge permit will be final for those who do not comply with this Law.

Article 54.-These are causes of cancellation of the discharge permit, the following:

I.            No longer meet any of the conditions set out in the respective permit;

II.           That the authorized works or activities put at risk or cause affections that would alter the behavior patterns of the biotic resources and/or some type of affectation, damage or deterioration on the abiotic elements present in the approved range, as well as in its area of influence, in which case the authorised person shall implement compensation programmes;

III.          Where the assessment of the required studies before, during and after the discharge, is determined to be at risk of the ecological balance or harmful adverse effects on the environment;

IV.         When it is detected that the information provided by the applicant was false or altered, including laboratory results;

V.          Do not perform any activity within three months of granting it;

VI.         Transfer the permission, and

VII.        Breach any of the obligations or conditions set out in this Act, as well as environmental matters.

Section V

From Exceptions

Article 55.-No sanction shall be made for any sanction, who has conducted a chance or force majeure, as long as the action implemented to the satisfaction of the Secretariat is justified.

This does not exempt you from the obligation to repair, compensate, remedy or restore damage caused by the discharge.

Article 56.-Whoever carries out a discharge for any of the causes mentioned in the previous article, must submit a detailed report to the Secretariat, justifying the execution of the same. The violation of the provisions of this article, even in the case of claims, will be considered a discharge and the penalties provided for in this Law will apply.

Chapter VII

From Responsibility

Article 57.-Persons who discharge in violation of the applicable legal provisions shall be responsible for repairing the environmental damage or damage to the marine environment, according to the Federal Law on Environmental Liability, without prejudice to the application of administrative, criminal or civil penalties, through the remediation actions that are applicable, restoring the marine environment, to the state that kept before the discharge or where this is not possible, by means of payment of a compensation to be quantified by the Secretariat on the basis of damage or damage to the marine environment.

Article 58.- No person shall be relieved of his or her responsibility, if the need to effect the discharge to safeguard human life at sea or the safety of any vessel, device ship, aircraft, platform or other; was due to negligence on its part.

Article 59.-The Secretariat in coordination with the other agencies of the Federal Public Administration will intervene to ensure that those responsible for the discharge comply with the appropriate remediation and execute actions to prevent the dispersion of the pollutant in the marine environment.

Article 60. In case of non-compliance with the remediation obligation, the Secretariat in coordination with the Secretariat of the Environment and Natural Resources may execute the necessary actions with the the purpose of carrying out the remediation for the recovery and restoration of the marine environment to the state that it kept before the discharge from the obligated, who will have to pay the respective consideration that will have the the nature of the tax credit and its recovery will be through the corresponding co-active economic procedure.

For the co-active economic procedure provided for in this article, the provisions of the Fiscal Code of the Federation and its Rules of Procedure shall be applied in an additional manner.

Article 61.-Without prejudice to the penalties for creditors to be liable for the failure to comply with the remedial actions or the co-active economic procedure provided for in the Previous Article, the Secretariat shall exercise the actions to recover the costs of remeasurement, as well as the payment of damages caused by the discharge.

For the actions referred to in this Article, the provisions of the Federal Code of Civil Procedures and the provisions of this Law in respect of liability for damages shall apply. the marine environment and the natural resources and ecosystems that are developed, the Federal Civil Code will be applied, the General Law of the Ecological Balance and the Protection of the Environment and the provisions of the Treaties International to which Mexico is a party.

Article 62.-In the case of aspects of the law in violation of the law in Mexican marine areas that cause damage to the marine environment of other states, foreign governments may sue the responsible for the payment of the remediation to the marine environment, before the Mexican courts, without prejudice to the actions that may be carried out by those affected to the international agencies for the payment of damages caused.

Article 63.-When a discharge is carried out in the marine areas of other States and there is damage to the marine environment of the Mexican marine areas, the authority empowered to represent the State Mexico before the international bodies for the demand for environmental remediation and the payment of damages, is the Secretariat of Foreign Relations.

The Secretariat, in collaboration with the Secretariat of the Environment and Natural Resources, will establish the respective coordination for the actions that correspond in the field of their respective competencies.

TRANSIENT ITEMS

FIRST.- This Law shall enter into force one hundred and eighty days, starting on the day following that of its publication in the Official Journal of the Federation.

SECOND.- The permissions granted before the date of publication of this Law, will continue in effect until the end of their validity.

THIRD.- The requests for the vertigo permissions, which are in the process of entering into force this Law, may be regulated by this only in those stages of the procedure that have not been drowned.

FOURTH.- The budgetary impact that the implementation of this Law will entail, will be from the authorized budget to the Secretary of the Navy, so it will not require extensions to its budget for the present fiscal year and subsequent financial year, to cover the requirements of personnel, operating expenses, infrastructure, furniture and equipment.

Mexico, D. F., as at 13 December 2013.-Dip. Ricardo Anaya Cortes, President.-Sen. Raul Cervantes Andrade, President.-Dip. Javier Orozco Gómez, Secretary.-Sen. Maria Elena Barrera Tapia, Secretary.-Rubicas."

In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States, and for its due publication and observance, I request this Decree in the Residence of the Federal Executive Branch, in Mexico City, Federal District, to ten January of two thousand fourteen.- Enrique Peña Nieto.-Rubrias.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.