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REGULATION OF THE GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION IN THE FIELD OF ENVIRONMENTAL IMPACT ASSESSMENT
Last reform published in the DOF on October 31, 2014.
Published in the DOF on May 30, 2000.
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
ERNESTO ZEDILLO PONCE DE LEÓN, President of the United Mexican States, exercising the power conferred on me by part I of Article 89 of the Political Constitution of the United Mexican States, and based on the articles 1o., fractions II, III, V, VII and VIII, 5o, fractions I, II and X, 6o, 15, fractions IV, VI, XI, 17, 28, 29, 30, 31, 32, 33, 34, 35, 35, 35, 1, 35, 2, 35 BIS 3, 167, 169, 170, 171 and 173 of the General Law on Ecological Balance and the Protection of the Environment, I have had to issue the following:
REGULATION OF THE GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION IN THE FIELD OF ENVIRONMENTAL IMPACT ASSESSMENT
CHAPTER I
GENERAL PROVISIONS
Article 1o.-This order is of general observance throughout the national territory and in the areas where the Nation exercises its jurisdiction; it is intended to regulate the General Law of Ecological Balance and the Protection of the Environmental impact assessment at the federal level.
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS PARAGRAPH, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(REFORMED FIRST PARAGRAPH, D.O.F. 31 OCTOBER 2014)
Article 2o.-The application of this Regulation is the responsibility of the Federal Executive, through the Secretariat of the Environment and Natural Resources, in accordance with the laws and regulations in this field.
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS PARAGRAPH, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(ADDED, D. O. F. 31 OF OCTOBER 2014)
The Secretariat shall exercise the powers contained in this order, including the provisions relating to inspection, surveillance and sanction, through the National Agency for Industrial and Protective Security. Environment of the Hydrocarbons Sector, in the case of the works, installations or activities of the hydrocarbon sector and, in the case of activities other than that sector, the Secretariat shall exercise the corresponding privileges through the administrative units defining its rules of procedure.
Article 3o.-For the purposes of this Regulation, the definitions contained in the law and the following definitions shall be considered:
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS FRACTION, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(REFORMED, D. O. F. 31 OF OCTOBER 2014)
I. Activities of the Hydrocarbons Sector: The activities defined as such in Article 3o., part XI of the Law of the National Agency for Industrial Safety and Protection of the Environment of the Hydrocarbons Sector;
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS FRACTION, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(ADDED, D. O. F. 31 OF OCTOBER 2014)
i Bis. Agency: The National Agency for Industrial Safety and Environmental Protection of the Hydrocarbons Sector;
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS FRACTION, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(ADDED, D. O. F. 31 OF OCTOBER 2014)
I Ter. Change of use of soil: Modification of the natural or predominant vocation of the land, carried out by the man through the total or partial removal of the vegetation;
II. Species of difficult regeneration: Species vulnerable to biological extinction due to the specificity of their habitat requirements and the conditions for their reproduction;
III. Environmental damage: It is the one that occurs on some environmental element as a result of an adverse environmental impact;
IV. Damage to ecosystems: It is the result of one or more environmental impacts on one or more environmental elements or ecosystem processes that trigger an ecological imbalance;
V. Serious damage to the ecosystem: It is the one that leads to the loss of one or more environmental elements, affecting the structure or function, or modifying the evolutionary or succession trends of the ecosystem;
VI. Severe ecological imbalance: Significant alteration of the environmental conditions in which cumulative, synergistic and residual impacts are foreseen that would cause the destruction, isolation or fragmentation of ecosystems;
VII. Cumulative Environmental Impact: The effect on the environment resulting from increased impacts of particular actions caused by interaction with others that were made in the past or occurring in the present;
VIII. Synergistic environmental impact: The one that occurs when the joint effect of the simultaneous presence of several actions assumes an environmental impact greater than the sum of the individual incidences contemplated in isolation;
IX. Significant or relevant environmental impact: The one that results from the action of man or nature, which causes alterations in ecosystems and their natural resources or in health, hindering the existence and development of man and other living beings, as well as the continuity of natural processes;
X. Residual environmental impact: The impact that persists after the application of mitigation measures;
XI. Preventive Report: Document by which the general data of a work or activity is disclosed for the purposes of determining whether it is in the cases referred to in Article 31 of the Law or requires to be evaluated through a demonstration of environmental impact;
XII. Law: The General Law of Ecological Balance and Environmental Protection;
XIII. Prevention measures: A set of actions to be carried out by the promotion to avoid foreseeable effects of deterioration of the environment;
XIV. Mitigation Measures: A set of actions to be implemented by the promote to mitigate the impacts and to restore or compensate for the environmental conditions existing before the disturbance that will be caused by the realization of a project in any of its stages;
XV. Industrial Park: It is the area geographically delimited and specially designed for the settlement of the industrial plant under suitable conditions of location, infrastructure, equipment and services, with a permanent administration for their operation. It seeks the ordering of industrial settlements and the deconcentration of urban and conurbated areas, to make proper use of the soil, to provide suitable conditions for the industry to operate efficiently and to stimulate creativity and productivity within a comfortable environment. In addition, it is part of the region's industrial development strategies;
XVI. Regulation: This regulation, and
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS FRACTION, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(REFORMED, D. O. F. 31 OF OCTOBER 2014)
XVII. Secretariat: The Department of Environment and Natural Resources.
Article 4o.-Compete to the Secretariat:
I. Assess the environmental impact and issue the relevant resolutions for the performance of projects or activities referred to in this Regulation;
II. Formulate, publish and make available to the public the guides for the presentation of the preventive report, the manifestation of environmental impact in its various modalities and the risk study;
III. Request the opinion of other agencies and subject matter experts to support environmental impact assessments that are formulated;
IV. Carry out the public consultation process that is required during the environmental impact assessment procedure;
V. Organise, in coordination with local authorities, the public meeting referred to in Article 34 (III) of the Law;
VI. Monitor compliance with the provisions of this Regulation and the enforcement of the resolutions provided for therein, and impose the necessary sanctions and other control and security measures in accordance with the provisions laid down by law and applicable regulations, and
VII. The other provisions laid down in this Regulation and in other provisions laid down by law and regulation.
CHAPTER II
OF THE WORKS OR ACTIVITIES THAT REQUIRE AUTHORISATION IN RESPECT OF ENVIRONMENTAL IMPACT AND EXCEPTIONS
Article 5o.-Those who intend to carry out any of the following works or activities, will require prior authorization from the Secretariat in respect of environmental impact:
A) HYDRAULIC:
I. Storage dams, drifts and control of avenues with a capacity of more than 1 million cubic meters, jagueyes and other works for the collection of stormwater, canals and pumping vessels, with the exception of those that are located outside of the fragile ecosystems, Protected Natural Areas and regions considered priority by their biodiversity and do not involve the flooding or removal of tree vegetation or human settlements, the affectation of the habitat of species included in some category of protection, the water supply to the surrounding communities, or the limiting the free movement of natural, local or migratory populations;
II. Hydroagricultural or temporary units of over 100 hectares;
III. Projects for the construction of docks, canals, escorts, spigons, bords, docks, dams, breakwaters, malecons, dams, ports of call, and national water containment walls, with the exception of water-suppression bords for the purpose of Livestock watering, self-consumption and local irrigation that does not exceed 100 hectares;
IV. Driving works for domestic water supply exceeding 10 kilometres in length, which have an expenditure of more than 15 litres per second and whose driving diameter exceeds 15 centimetres;
V. Multiple water supply systems with driving diameters of more than 25 centimetres and a length greater than 100 kilometres;
(REFORMED, D. O. F. 26 OF APRIL 2012)
VI. Plants for the treatment of waste water discharging liquids or Iodos into receiving bodies constituting national goods, except those where the following characteristics are met:
a) Drop liquids up to a maximum of 100 liters per second, including the discharge works in the federal zone;
b) In your treatment do not perform activities considered highly risky, and
c) Do not apply to any other assumption of article 28 of the Law;
VII. Deposit or filling with materials to gain ground to the sea or to other bodies of national waters;
VIII. Drainage and desiccation of bodies of national waters;
IX. Modification or entubation of channels of permanent streams of national waters;
X. Dredging of national water bodies;
XI. Potabilizing plants for the supply of supply networks to communities, when highly risky activities are planned;
XII. Desalting plants;
XIII. Opening of shooting zones in bodies of national waters to discard dredging product or any other material, and
XIV. Opening of the intercommunication mouths of marine lizards.
B) GENERAL PATHS OF COMMUNICATION:
Construction of roads, highways, bridges or federal vehicle or rail tunnels; ports, railways, airports, heliports, aerodromes and major telecommunications infrastructure affecting natural areas protected or with forest vegetation, jungles, vegetation of arid areas, coastal or wetland ecosystems and national water bodies, with the exception of:
(REFORMED, D. O. F. 26 OF APRIL 2012)
(a) The installation of wires, cables or optical fibre for the transmission of electronic signals over the strip corresponding to the right of way, provided that the existing infrastructure is taken advantage of;
(REFORMED, D. O. F. 26 OF APRIL 2012)
(b) Maintenance and rehabilitation works when performed in the corresponding right-of-way strip, and
(ADDED, D. O. F. 26 OF APRIL 2012) (F. DE E., D.O.F. 27 APRIL 2012)
c) Roads to be built, on already existing roads, for a daily average transit of up to 500 vehicles, in which the speed does not exceed 70 kilometres per hour, the width of the road and the width of the road exceed 6 meters and do not have any other acts, except those to which some other case of Article 28 of the Law applies.
C) PIPELINES, PIPELINES, PIPELINES AND POLYDUCTS:
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS PARAGRAPH, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(REFORMED, D. O. F. 31 OF OCTOBER 2014)
Construction of pipelines, pipelines, pipelines or polyducts for the conduction, distribution or transport of hydrocarbons or materials or substances considered dangerous according to the relevant regulation, except those which are carried out on existing road rights in agricultural, livestock and livestock areas.
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS PARAGRAPH, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(RENAMED, D.O.F. 31 OCTOBER 2014)
D) HYDROCARBON SECTOR ACTIVITIES:
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS FRACTION, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(REFORMED FIRST PARAGRAPH, D.O.F. 31 OCTOBER 2014)
I. Drilling activities of wells for the exploration and extraction of hydrocarbons, except:
(a) Those that are carried out in agricultural, livestock or erial areas, provided that they are located outside protected natural areas, and
(b) The activities of cleaning up contaminated sites with mobile equipment responsible for the correct disposal of hazardous waste and which do not involve the construction of additional civil or hydraulic works to the existing;
II. Construction and installation of offshore oil production platforms;
III. Construction of oil refineries, except for the cleaning of contaminated sites with mobile equipment responsible for the correct disposal of hazardous waste and which does not involve the construction of additional civil or hydraulic works the existing;
IV. Construction of storage or distribution centres for hydrocarbons providing for highly risky activities;
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS FRACTION, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(REFORMED, D. O. F. 31 OF OCTOBER 2014)
V. Marine seismological surveys other than those using pneumatic pistons;
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS FRACTION, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(REFORMED, D. O. F. 31 OF OCTOBER 2014)
VI. Land seismic surveys other than those using vibro-earthquakes;
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS FRACTION, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(ADDED, D. O. F. 31 OF OCTOBER 2014)
VII. Construction and operation of facilities for processing, compression, liquefaction, decompression and regasification, as well as facilities for the transport, storage, distribution and distribution to the public of natural gas;
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS FRACTION, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(ADDED, D. O. F. 31 OF OCTOBER 2014)
VIII. Construction and operation of facilities for transportation, storage, distribution and public supply of liquefied petroleum gas;
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS FRACTION, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(ADDED, D. O. F. 31 OF OCTOBER 2014)
IX. Construction and operation of facilities for the production, transport, storage, distribution and distribution to the public of oil, and
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS FRACTION, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(ADDED, D. O. F. 31 OF OCTOBER 2014)
X. Construction and operation of facilities for the transport by pipeline and storage, which is linked to petrochemicals products resulting from the processing of natural gas and oil refining.
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS PARAGRAPH, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(REFORMED, D. O. F. 31 OF OCTOBER 2014)
E) PETROCHEMICALS:
Construction and operation of petrochemical production facilities, understanding of these products in the XXIX fraction of Article 4 of the Hydrocarbons Law.
F) CHEMICAL INDUSTRY:
Construction of industrial parks or plants for the manufacture of basic chemical substances; organic chemicals; petroleum products, coal, rubber and plastics; synthetic dyes and pigments; industrial, explosive and fireworks; raw materials for the manufacture of pesticides, as well as inorganic chemicals handling materials considered to be hazardous, with the exception of:
a) Processes for obtaining oxygen, nitrogen and atmospheric argon;
b) Production of vinyl paints and water-based adhesives;
c) Production of perfumes, cosmetics and the like;
d) Production of inks for printing;
e) Production of plastic and rubber articles in plants that are not integrated into the production facilities of the raw materials of such products; and
f) Storage, distribution and packaging of chemicals.
G) STEEL INDUSTRY:
Plants for the manufacture, casting, alloy, rolling and scrap of iron and steel, except where the casting process is not integrated with the basic steel mill.
H) TRASH INDUSTRY:
Construction of plants for the manufacture of paper and other products based on primary or secondary cellulose pulp, with the exception of the manufacture of paper products, cardboard and their derivatives when it is not integrated into the production of raw materials.
I) SUGAR INDUSTRY:
Construction of plants for the production of sugar and reed waste products, with the exception of plants that are not integrated into the production process of the raw material.
J) CEMENT INDUSTRY:
Construction of plants for the manufacture of cement, as well as the production of lime and plaster, when the production process is integrated into the production of cement.
K) ELECTRIC INDUSTRY:
I. Construction of nuclear power plants, hydroelectric power plants, geothermal, geothermal, wind power, thermoelectric, conventional, combined cycle or turbogas power plants, with the exception of generation plants with a smaller capacity or equal to half MW, used for support in residences, offices and housing units;
II. Construction of power or distribution power stations or substations;
III. Electrical transmission and subtransmission works, and
IV. Cogeneration plants and self-supply of electrical energy greater than 3 MW.
The works referred to in fractions II to III above shall not require environmental impact authorization when they are intended to be located in urban, suburban, urban or service, rural areas, agricultural, industrial or tourist.
L) EXPLORATION, EXPLOITATION AND BENEFIT OF MINERALS AND SUBSTANCES RESERVED FOR THE FEDERATION:
I. Works for the exploitation of minerals and substances reserved for the federation, as well as its supporting infrastructure;
II. Exploration works, excluding those of gravimetric prospecting, surface geological, geoelectric, magnetoteluric, magnetic susceptibility and density, as well as the works of divestiture, zanjeo and rock exposure, provided they are performed in agricultural, livestock or erial areas and in areas with dry or temperate climates where xerophilic scrub vegetation, deciduous tropical forest, coniferous or oak forests, located outside protected natural areas, are developed, and
III. Mineral benefit and final disposal of their residues in jal dams, excluding benefit plants that do not use substances considered as hazardous and the hydraulic filling of underground mining works.
M) FACILITIES FOR THE TREATMENT, CONTAINMENT OR DISPOSAL OF HAZARDOUS WASTE, AS WELL AS RADIOACTIVE WASTE:
I. Construction and operation of plants for the containment and disposal centres of hazardous waste;
II. Construction and operation of plants for the treatment, reuse, recycling or disposal of hazardous waste, with the exception of those in which the disposal of such waste is carried out within the facility of the generator, in which the waste water from the separation process is intended for the generator treatment plant and where the sludge from the treatment is disposed of in accordance with the applicable legal rules, and
III. Construction and operation of plants and facilities for the treatment or disposal of infectious biological waste, with the exception of those in which the disposal takes place in hospitals, clinics, laboratories or mobile equipment, through the methods of disinfection or sterilisation and without generating emissions into the atmosphere and waste water exceeding the limits laid down in the respective legal provisions.
N) FOREST EXPLOITATION IN TROPICAL FORESTS AND SPECIES OF DIFFICULT REGENERATION:
I. Use of species subject to protection;
II. Use of any timber and non-timber forest resources in tropical forests, with the exception of the communities established in these ecosystems, provided that protected species are not used and the purpose of the family self-consumption, and
III. Any persistent use of species of difficult regeneration, and
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS FRACTION, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(REFORMED, D. O. F. 31 OF OCTOBER 2014)
IV. Forest exploitation in protected natural areas, in accordance with the provisions of article 76, fraction III of the General Law on Sustainable Forest Development.
N) FOREST PLANTATIONS:
I. Forest plantations for commercial purposes on premises with a surface area of more than 20 hectares, those of alien species to a particular ecosystem and those targeting the production of cellulose, with the exception of afforestation for purposes commercial with native species of the ecosystem concerned in preferably forest land, and
II. Reforestation or installation of nurseries with exotic species, hybrids or transgenic varieties.
OR) CHANGES IN LAND USE OF FOREST AREAS, AS WELL AS IN JUNGLES AND ARID AREAS:
I. Change of land use for agricultural, aquaculture, real estate development, urban infrastructure, general communication routes, or for the establishment of commercial, industrial or service facilities with forest vegetation, with the exception of the construction of single-family housing and the establishment of commercial or service facilities on premises less than 1000 square metres, when their construction does not involve the shooting down of trees in a area greater than 500 square metres, or removal or fragmentation of the habitat for specimens of flora or fauna subject to a special protection regime in accordance with Mexican official standards and other applicable legal instruments;
II. Change of use of forest land to any other use, with the exception of family self-consumption agricultural activities, which are carried out on premises with slopes less than five percent, when they do not involve the aggregation or the unmount more than twenty per cent of the total area and the total area does not rebase 2 hectares in temperate zones and 5 in arid areas, and
III. Other changes in land use, in land or areas with forest land use, with the exception of modification of agricultural or livestock soils in forestry, agroforestry or silvopastoriles, through the use of native species.
P) INDUSTRIAL PARKS WHERE HIGHLY RISKY ACTIVITIES ARE ENVISAGED:
Construction and installation of Industrial Parks in which highly risky activities are foreseen, according to the list or classification established in the relevant regulation or instrument.
Q) PROPERTY DEVELOPMENTS AFFECTING COASTAL ECOSYSTEMS:
Construction and operation of hotels, condos, villas, housing and urban developments, restaurants, commercial facilities and services in general, marinas, docks, breakwaters, golf courses, tourist infrastructure or urban, general communication routes, restoration or recovery of beaches, or artificial reefs, affecting coastal ecosystems, with the exception of:
(a) Those with the purpose of protection, beautification and ornato, by the use of native species;
b) Recreational activities when they do not require any type of civil work; and
c) Building single-family homes for communities located in coastal ecosystems.
R) WORKS AND ACTIVITIES IN WETLANDS, MANGROVES, LAGOONS, RIVERS, LAKES AND ESTROS CONNECTED WITH THE SEA, AS WELL AS IN THEIR LITTORAL OR FEDERAL AREAS:
I. Any type of civil work, with the exception of building single-family homes for communities located in these ecosystems, and
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS FRACTION, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(REFORMED, D. O. F. 31 OF OCTOBER 2014)
II. Any activity which has commercial purposes or objectives, with the exception of fishing activities not provided for in Article 28 (XII) of the Law, and which in accordance with the General Law on Sustainable Fisheries and Aquaculture and its regulation does not require the presentation of an environmental impact demonstration, as well as the presentation of navigation, self-consumption or subsistence of the communities established in these ecosystems.
S) WORKS IN PROTECTED NATURAL AREAS:
Any type of work or installation within the protected natural areas of competition of the Federation, with the exception of:
(a) Self-consumption and domestic use activities, as well as works that do not require environmental impact authorization in the terms of this Article, provided that they are carried out by the communities established in the area and in accordance with the provisions of the regulations, the decree and the respective management program;
(b) Those that are essential for the conservation, maintenance and surveillance of protected natural areas, in accordance with the relevant regulations;
c) Urban infrastructure and housing development works in urbanized areas within protected natural areas, provided that they do not exceed the urban limits established in the Urban Development Plans. and are not prohibited by the applicable legal provisions, and
(d) Building houses in agricultural land, livestock farmers or within the limits of the existing population centres, when they are located in rural communities.
T) FISHING ACTIVITIES THAT MAY ENDANGER THE PRESERVATION OF ONE OR MORE SPECIES OR CAUSE DAMAGE TO ECOSYSTEMS:
I. Fishing activities of altamar, riparian or estuarine, for commercial and industrial purposes using fixed fishing gears or involving the capture, extraction or collection of species threatened or subject to special protection, in accordance with (a) what is established by the applicable legal provisions; and
II. Capture, extraction or collection of species that have been declared by the Secretariat in danger of extinction or permanent closure.
U) AQUACULTURE ACTIVITIES THAT MAY ENDANGER THE PRESERVATION OF ONE OR MORE SPECIES OR CAUSE DAMAGE TO ECOSYSTEMS:
I. Construction and operation of farms, ponds or parks of aquaculture production, with the exception of the rehabilitation of the support infrastructure when it does not involve the expansion of the productive area, the increase of the demand for inputs, the hazardous waste generation, water body filling or mangrove removal, popal and other wetland vegetation, as well as riparian or marginal vegetation;
II. Production of post-larvae, seed or seed, with the exception of the relative to offspring, seed and postlarvae native to the ecosystem where it is intended to be carried out, when the supply and discharge of waste water is carried out using the services municipal;
III. Sowing of exotic species, hybrids and transgenic varieties in aquatic ecosystems, in production units installed in bodies of water, or in aquaculture infrastructure located on land, and
IV. Construction or installation of artificial reefs or other means of habitat modification for the attraction and proliferation of aquatic life.
V) AGRICULTURAL ACTIVITIES THAT MAY ENDANGER THE PRESERVATION OF ONE OR MORE SPECIES OR CAUSE DAMAGE TO ECOSYSTEMS:
Agricultural activities of any kind when they involve changing the use of forest land, with the exception of:
a) Those that aim for family self-consumption, and
b) Those involving the use of organic farming techniques and methodologies.
Article 6o.-The extensions, modifications, replacements of infrastructure, rehabilitation and maintenance of installations related to the works and activities mentioned in the previous article, as well as with those find in operation, shall not require environmental impact authorisation as long as they meet all of the following requirements:
I. Works and activities have previously been granted with the respective authorisation or where they have not been required of it;
II. The actions to be performed have no relation to the production process that generated that authorization, and
III. Such actions do not imply any increase in the level of environmental impact or risk, by virtue of their location, dimensions, characteristics or scope, such as preservation, repair and maintenance of real estate; construction, the installation and demolition of immovable property in urban areas, or the modification of immovable property where it is intended to be carried out on the area of land occupied by the construction or installation concerned.
In such cases, the persons concerned must give notice to the Secretariat prior to the performance of these actions.
The extensions, modifications, replacement of infrastructure, rehabilitation and maintenance of installations related to the works and activities referred to in Article 5o, as well as those in operation and which are different from those referred to in the first paragraph of this Article, may be exempt from the presentation of the environmental impact event when it is demonstrated that its implementation will not cause ecological imbalances or exceed the limits and conditions laid down in the legal provisions relating to the protection of the environment and the preservation and restoration of ecosystems.
For the purposes of the preceding paragraph, the proffers shall give notice to the Secretariat of the actions they intend to carry out so that it may, within ten days, determine whether the presentation of a demonstration is necessary. environmental impact, or if the actions do not require evaluation and therefore can be performed without authorization.
Article 7o.-Works or activities which, in the event of an imminent disaster, are carried out for preventive purposes, or those that are executed to save an emergency situation, shall not require prior assessment of the environmental impact; but in any event the Secretariat shall be given notice of its implementation, within a period not exceeding seventy-two hours counted from the commencement of the work, in order to ensure that, where appropriate, it takes the necessary measures to mitigate the the impacts to the environment under the terms of Article 170 of the Law.
Article 8o.-Those who have initiated a work or activity to prevent or control an emergency situation, in addition to giving the notice referred to in the previous article, must submit, within twenty days, a report of the actions taken and of the mitigation and compensation measures that they implement or intend to implement as a result of the performance of such work or activity.
CHAPTER III
OF THE PROCEDURE FOR ENVIRONMENTAL IMPACT ASSESSMENT
Article 9o.-The parties must present to the Secretariat a manifestation of environmental impact, in the appropriate manner, for the evaluation of the project of the work or activity in respect of which requests authority.
The information contained in the environmental impact event shall be related to relevant environmental circumstances linked to the implementation of the project.
The Secretariat will provide the appropriate guides to facilitate the presentation and delivery of the environmental impact event according to the type of work or activity to be carried out. The Secretariat shall publish these guidelines in the Official Journal of the Federation and the Ecological Gazette.
Article 10.-Environmental impact manifestations must be presented in the following ways:
I. Regional, or
II. Special.
Article 11.-Environmental impact manifestations will be presented in regional mode when it comes to:
I. Industrial and aquaculture parks, aquaculture farms of more than 500 hectares, roads and railways, nuclear power generation projects, dams and, in general, projects that alter hydrological basins;
II. A set of works or activities which are included in a plan or partial programme of urban development or of an ecological system which is submitted to the Secretariat under the terms laid down in Article 22 of this Regulation. rules;
III. A set of projects and activities to be carried out in a given ecological region, and
IV. Projects that aim to develop in places where, due to their interaction with the different regional environmental components, cumulative, synergistic or residual impacts are foreseen that could cause destruction, isolation or fragmentation of ecosystems.
In other cases, the event must be presented in the particular mode.
Article 12.-The manifestation of environmental impact, in its particular modality, shall contain the following information:
I. General project data, from the project manager and from the environmental impact study;
II. Project description;
III. Linking to the applicable legal systems in the field of the environment and, where appropriate, to the regulation on land use;
IV. Description of the environmental system and the identification of the environmental problem detected in the area of influence of the project;
V. Identification, description and assessment of environmental impacts;
VI. Preventive and mitigation measures for environmental impacts;
VII. Environmental forecasts and, where appropriate, evaluation of alternatives, and
VIII. Identification of the methodological tools and technical elements supporting the information identified in the previous fractions.
Article 13.-The manifestation of environmental impact, in its regional mode, shall contain the following information:
I. General project data, from the project manager and from the environmental impact study;
II. Description of the works or activities and, where appropriate, of the partial development programmes or plans;
III. Linkage to applicable legal planning and ordering instruments;
IV. Description of the regional environmental system and trends in the development and deterioration of the region;
V. Identification, description and assessment of the environmental, cumulative and residual impacts of the regional environmental system;
VI. Strategies for the prevention and mitigation of environmental, cumulative and residual impacts of the regional environmental system;
VII. Regional environmental forecasts and, where appropriate, evaluation of alternatives, and
VIII. Identification of the methodological tools and technical elements supporting the results of the environmental impact event.
Article 14.-When the performance of a work or activity that requires being subject to the environmental impact assessment procedure involves, in addition, the change of land use of forest areas and in jungles and arid zones, the They shall be able to present a single environmental impact event including information on both projects.
Article 15.-Forest use and forest plantations provided for in Article 5 (2) (n) and (n), respectively, may simultaneously present the environmental impact manifestation and management plan.
Article 16.-For the purposes of Article 28 (XIII) of the Law, when the Secretariat is aware that it intends to start a federal competition or activity, or that it has already begun its development, to cause serious and irreparable ecological imbalances; damage to public health caused by environmental problems or damage to ecosystems, or to exceed the limits and conditions laid down in the legal provisions relating to preservation; the ecological balance and the protection of the environment, shall immediately notify the interested in his determination to submit to the environmental impact assessment procedure the work or activity which corresponds to or the part of it not yet carried out, explaining the reasons that justify it, for the purpose of the present reports, opinions and considerations which it deems appropriate, within a period not exceeding 10 days.
Once the documentation has been received, the Secretariat shall, within a period not exceeding thirty days, inform the person concerned whether or not the presentation of an environmental impact statement is appropriate, indicating, where appropriate, the modality and the time limit in which must do so. In addition, in the case of works or activities that have been initiated, the Secretariat shall apply the security measures that come in accordance with the provisions of Article 170 of the Law.
If the Secretariat does not issue the communication within the time limit, it will be understood that the presentation of the environmental impact event is not necessary.
Article 17.-The applicant shall submit to the Secretariat the application for environmental impact authorization, by annexing:
I. The manifestation of environmental impact;
II. A summary of the content of the environmental impact manifestation, presented on diskette, and
III. A sealed copy of the record of payment of corresponding rights.
In the case of highly risky activities in the terms of the Law, a risk study should be included.
Article 18.-The risk study referred to in the previous article shall consist of incorporating the following information into the environmental impact event:
I. Scenarios and preventive measures resulting from the analysis of environmental risks related to the project;
II. Description of the protection zones around the premises, where appropriate, and
III. Indication of safety measures in environmental matters.
The Secretariat will publish, in the Official Journal of the Federation and the Ecological Gazette, the guides that facilitate the presentation and delivery of the risk study.
Article 19.-The application for environmental impact authorization, its annexes and, where appropriate, the additional information, must be presented on a diskette to which four printed contents of the contents will be accompanied.
Exceptionally, within 10 days of the integration of the file, the Secretariat may request the applicant, for a single time, to submit up to three additional copies of the environmental impact studies. when for any justified cause it is required. In any event, the submission of the additional copies shall be made within three days of the date on which they were requested.
Article 20.-In order not to delay the evaluation procedure, the Secretariat shall communicate to the applicant, at the time the application and its annexes are present, if there are any formal deficiencies that may be corrected in that same act.
In any case, the Secretariat shall comply with the provisions of Article 43 of the Federal Administrative Procedure Law.
Article 21.-The Secretariat shall, within a period not exceeding ten days after receipt of the application and its annexes, integrate the file; in that period, the Secretariat shall review the documents to determine whether its contents are complies with the provisions of the Law, this Regulation and applicable Mexican official rules.
Article 22.-In cases where the environmental impact event presents inadequacies that impede the evaluation of the project, the Secretariat may request the applicant, for the only time and within forty days of the integration of the file, clarifications, corrections or extensions to the content of the file and in that case, the term of sixty days referred to in Article 35a of the Law shall be suspended.
The suspension may not exceed sixty days computed from the time it is declared. After this deadline, the Secretariat may declare the expiration of the procedure in the terms of Article 60 of the Federal Law of Administrative Procedure.
Article 23.-The competent authorities of the States, the Federal District or the Municipalities may submit to the Secretariat the plans or partial programs for urban development or ecological management in which the the carrying out of works or activities of those listed in Article 5o. of this Regulation, in order for it to carry out the assessment of the environmental impact of all such works or activities and issue the appropriate resolution.
The assessment referred to in the preceding paragraph shall be carried out by means of an environmental impact statement in its regional form, drawn up in respect of all or part of the works or activities referred to in that paragraph. the plans and programmes. Such a demonstration shall be presented by the local or municipal authorities themselves.
Article 24.-The Secretariat may request, within the evaluation procedure and in the terms provided for in the Federal Administrative Procedure Law, the technical opinion of any dependency or entity of the Administration Public Federal, where by the type of work or activity so required.
The Secretariat may also consult groups of experts when, due to the complexity or the specialty of the circumstances of execution and development, it is considered that their opinions may provide better elements for the formulation of the In this case, it shall notify the applicant of the purposes of the consultation and send it a copy of the opinions received so that the latter, during the procedure, shall express what is appropriate to its right.
The Secretariat shall maintain, at the time of the consultation, the reservation referred to in Article 37 of this Regulation.
Article 25.-In the case of works or activities included in sections IV, VIII, IX and XI of Article 28 of the Law to be subject to the environmental impact assessment procedure in accordance with this Regulation, the The Secretariat shall notify the State and Municipal Governments or the Federal District within 10 days of the integration of the file, which has received the respective environmental impact event, in order to enable them to Evaluation procedure shall make the statements deemed appropriate.
The authorisation issued by the Secretariat shall not in any way oblige the local authorities to issue the authorisations corresponding to them in the field of their respective competences.
Article 26.-Initiate the evaluation procedure, the Secretariat must add to the file:
I. The additional information that is generated;
II. The technical opinions that would have been requested;
III. Comments and comments made by those interested in the process of public consultation, as well as the extract of the project that has been published during this process;
IV. The resolution;
V. The guarantees granted, and
VI. Modifications to the project that would have been made.
Article 27.-When modifications are made to the project or activity during the environmental impact assessment procedure, the advocate must make them aware of the Secretariat with the object that it is, in a No longer than 10 days, proceed to:
I. Request additional information to assess the effects to the environment arising from such modifications, where these are not significant, or
II. Require the presentation of a new environmental impact event, when proposed modifications may cause ecological imbalances, damage to health, or cause cumulative or synergistic impacts.
Article 28.-If the applicant intends to make modifications to the project after the approval of the environmental impact, it must submit them to the consideration of the Secretariat, which, within a period not exceeding ten days, determine:
I. If the presentation of a new environmental impact demonstration is necessary;
II. If the proposed modifications do not affect the content of the granted authorization, or
III. If the authorisation granted requires modification in order to impose new conditions on the performance of the work or activity in question.
In the latter case, the modifications to the authorization must be made known to the promoting within a maximum period of twenty days.
CHAPTER IV
OF THE PROCEDURE DERIVED FROM THE PREVENTIVE REPORT PRESENTATION
Article 29.-The performance of the works and activities referred to in Article 5o. This Regulation shall require the submission of a preventive report, where:
I. There are official Mexican regulations or other provisions regulating emissions, discharges, the use of natural resources and, in general, all relevant environmental impacts that works or activities may produce;
II. Works or activities are expressly provided for by a partial plan or partial programme of urban or ecological development which has prior authorization in respect of environmental impact in respect of all works or activities included in, or
III. These are facilities located in industrial parks previously authorized by the Secretariat, in the terms of the Law and this regulation.
Article 30.-The preventive report must contain:
I. Identification data, in which it is mentioned:
a) The name and location of the project;
b) The general data of the promote, and
c) The general data of the report maker;
II. Reference, as appropriate:
(a) To official Mexican standards or other provisions regulating emissions, discharges or the use of natural resources, applicable to the work or activity;
(b) The partial plan for urban development or ecological system in which the work or activity is included, or
c) To the authorization of the Secretariat of the industrial park, in which the work or activity is located, and
III. The following information:
a) The overall description of the projected work or activity;
(b) The identification of the substances or products to be used and which may impact the environment, as well as their physical and chemical characteristics;
(c) The identification and estimation of emissions, discharges and wastes for which generation is foreseen, as well as the control measures to be carried out;
d) The description of the environment and, where appropriate, the identification of other sources of emission of pollutants in the area of influence of the project;
e) The identification of significant or relevant environmental impacts and the determination of actions and measures for their prevention and mitigation;
f) The location plans of the area in which the project is intended to be performed, and
g) Where appropriate, the additional conditions that are proposed in the terms of the following article.
Article 31.-The person concerned may submit to the Secretariat for consideration additional conditions to which the performance of the work or activity will be subject in order to avoid, attenuate or compensate for adverse environmental impacts which could be caused. The additional conditions will be part of the preventive report.
Article 32.-The preventive report must be presented on a diskette to which three printed contents will be accompanied. A sealed copy of the corresponding rights payment must be annexed.
The Secretariat will provide the guides for the presentation of the preventive report. These guides will be published in the Official Journal of the Federation and the Ecological Gazette.
Article 33.-The Secretariat shall analyze the preventive report and, within a period of no more than 20 days, notify the applicant:
I. Which is in the assumptions provided for in Article 28 of this Regulation and which, therefore, may perform the work or activity on the terms proposed, or
II. That the presentation of an environmental impact manifestation is required, in any of its modalities.
Dealing with preventive reports in which the impacts of the works or activities referred to are totally regulated by the Mexican official standards, after the deadline referred to in this article without the The Secretariat shall make the relevant notification, it shall be understood that such works or activities may be carried out in the manner in which they were designed and in accordance with the same rules.
Article 34.-When two or more works or activities are intended to be located or performed in an industrial park or are provided for in a plan or partial program of urban or ecological development that has authorization in the field of environmental impact, the preventive reports for each of them may be submitted together.
CHAPTER V
OF ENVIRONMENTAL IMPACT ASSESSMENT SERVICE PROVIDERS
Article 35.-Preventive reports, environmental impact manifestations and risk studies may be prepared by stakeholders or by any natural or moral person.
Article 36.-Those who prepare the studies must observe the law, this regulation, the Mexican official rules and the other applicable legal and regulatory systems. They will also declare, in protest to tell the truth, that the results were obtained through the application of the best techniques and methodologies commonly used by the scientific community of the country and the use of the greatest information available, and suggested prevention and mitigation measures are the most effective in mitigating environmental impacts.
The liability for the content of the document shall be the responsibility of the service provider or, where applicable, the person who subscribes to it. If it is found that in the preparation of the documents in question the information is false, the person responsible shall be punished in accordance with Chapter IV of Title VI of the Law, without prejudice to the penalties resulting from the application of other related legal provisions.
CHAPTER VI
OF PUBLIC PARTICIPATION AND THE RIGHT TO INFORMATION
Article 37.-The Secretariat will publish weekly in the Ecological Gazette a list of requests for authorization, preventive reports, and environmental impact statements it receives. It shall also include such a listing in the electronic means available to it.
The listings must contain at least the following information:
I. Name of the promote;
II. Date of submission of the application;
III. Name of the project and identification of the elements that integrate it;
IV. Type of study presented: preventive report or environmental impact statement and its modality, and
V. Place where the work or activity is intended to be carried out, indicating the State and the Municipality.
Article 38.-The dossiers for the assessment of environmental impact manifestations, once integrated in the terms of Article 20 of this Regulation, shall be available to any person for consultation.
The advocate, from the date of the filing of his application for environmental impact assessment, may request that information that, if made public, affect property rights be kept in reserve. industrial or the confidentiality of the commercial data contained therein, in the terms of the applicable legal provisions. Also, the information reserved will remain under the responsibility and custody of the Secretariat, in the terms of the Law and other applicable legal provisions.
In any event, the client must identify the industrial property rights and confidential business data on which it supports its application.
Article 39.-The consultation of the files may be carried out in business hours and days, both in the headquarters of the Secretariat and in the appropriate Delegation.
Article 40.-The Secretariat, at the request of any person in the community concerned, may carry out a public consultation, in respect of projects submitted to them by means of impact manifestations environmental.
The application referred to in the preceding paragraph must be submitted in writing within ten days from the publication of the lists of environmental impact statements. Mention shall be made of:
a) The work or activity in question;
b) The reasons for the request;
c) The name or social reason and address of the applicant, and
d) The other information that you want to add.
Article 41.-The Secretariat, within five days of the filing of the application, shall notify the person concerned of his determination to give or do not start the public consultation.
When the Secretariat decides to conduct a public consultation, it must do so according to the following bases:
I. On the day following that in which the public consultation is initiated, it shall notify the applicant to publish, within a term of no more than five days from the date of the notification, an extract of the work or activity in a (a) a period of time for the completion of the procedure shall be suspended, if it is not to do so; the time limit shall be suspended. The Secretariat may, in any event, declare the expiration in the terms of Article 60 of the Federal Administrative Procedure Act.
The project extract of the work or activity shall contain at least the following information:
a) Name of the natural or moral person responsible for the project;
(b) A brief description of the work or activity concerned, indicating the elements that make up the work or activity;
c) Location of the place where the work or activity is intended to be executed, indicating the State and Municipality and referring to the existing ecosystems and their condition at the time of the study, and
d) Indication of the main environmental effects that the work or activity can generate and the mitigation and repair measures that are proposed;
II. Any citizen of the community concerned, within 10 days of the publication of the project extract, may request the Secretariat to make available to the public the manifestation of environmental impact in the entity. The appropriate federative;
III. Within 20 days of the date on which the environmental impact event has been made available to the public in accordance with the previous section, any interested party may propose the establishment of preventive measures and mitigation, as well as any comments that you consider relevant, which will be added to the case.
The observations and proposals referred to in the preceding paragraph shall be made in writing and shall contain the full name of the natural or moral person who has presented them and their address, and
IV. The Secretariat shall record, in the resolution it issues, the process of public consultation and the results of the observations and proposals made. These results will also be published in the Ecological Gazette.
Article 42.-The person shall forward to the Secretariat the page of the journal or newspaper where the publication of the extract of the project has been carried out, in order to be incorporated in the respective file.
Article 43.-During the public consultation process referred to in Article 40 of this Regulation, the Secretariat, in coordination with local authorities, may organise a public information meeting in the case of works or activities that may lead to serious ecological imbalances or damage to public health or ecosystems, in accordance with the following bases:
I. The Secretariat shall, within a period of twenty-five days after it has decided to initiate the public consultation, issue a notice of the day, time and place where the meeting shall be verified. The call will be published, for a single time, in the Ecological Gazette and in a newspaper of wide circulation in the relevant federal entity. Where the Secretariat deems it necessary, it may carry out the publication in other means of communication which allow greater dissemination to the interested or potential affected by the performance of the work or activity;
II. The meeting shall in any event be carried out within a period not exceeding five days after the date of publication of the notice and shall be released in a single day;
III. The promotion should expose the environmental technical aspects of the work or activity concerned, the possible impacts that would be caused by its implementation and the prevention and mitigation measures that would be implemented. It shall also address, during the meeting, any doubts raised;
IV. At the end of the meeting, a detailed account will be drawn up in which the names and addresses of the participants who have spoken will be settled, the content of these and the arguments, clarifications or answers of the promote.
In any case, participants may request a copy of the raised circumstantial act, and
V. After the conclusion of the meeting and before the decision is made in the assessment procedure, the assistants may make written observations which the Secretariat shall attach to the file.
CHAPTER VII
OF THE ISSUE OF THE RESOLUTION ON ENVIRONMENTAL IMPACT ASSESSMENT
Article 44.-When assessing environmental impact manifestations, the Secretariat should consider:
I. The possible effects of the works or activities to be carried out on the ecosystem or the ecosystems concerned, taking into account the set of elements that make up them, and not only the resources that would be used or affected;
II. The use of natural resources in a way that respects the functional integrity and the loading capacities of the ecosystems of which those resources are part, for indefinite periods, and
III. Where appropriate, the Secretariat may consider the preventive, mitigation and other measures that are proposed on a voluntary basis by the applicant, in order to avoid or minimize the negative effects on the environment.
Article 45.-After the evaluation of the environmental impact event has been completed, the Secretariat shall issue, founded and reasoned, the corresponding resolution in which it may:
I. Authorize the performance of the work or activity in the terms and conditions stated;
II. To fully or partially authorize the performance of the work or activity in a conditioned manner.
In this case the Secretariat may hold the work or activity to the modification of the project or to the establishment of additional prevention and mitigation measures aimed at avoiding, attenuating or compensating for adverse environmental impacts likely to be produced in construction, normal operation, abandonment stage, project life term, or in case of accident, or
III. Deny authorization in the terms of section III of Article 35 of the Law.
Article 46.-The time limit for issuing the assessment resolution of the environmental impact event shall not exceed 60 days. Where the size and complexity of the work or activity is justified, the Secretariat may, exceptionally and in an exceptional and substantiated manner, extend the period for up to 60 days, with the intention of notifying the person of his determination in the Following form:
I. Within 40 days after receipt of the application for authorisation, where no additional information has been required, or
II. Within a period not exceeding ten days from the date of the submission of the additional information, in the event that the additional information is required.
The ability to extend the deadline may be exercised only once during the evaluation process.
Article 47.-The execution of the work or the performance of the activity in question must be subject to the provisions of the respective resolution, in the official Mexican rules that are issued and in the other provisions applicable laws and regulations.
In any event, the applicant may request that the other permits, licenses and authorizations that are necessary to carry out the planned work or activity be integrated into the resolution and the grant of which corresponds to the Secretariat.
Article 48.-In the case of conditional authorizations, the Secretariat shall indicate the conditions and requirements to be observed both in the pre-start stage of the work or activity, and in its stages of construction, operation and abandonment.
Article 49.-The authorizations issued by the Secretariat may only relate to the environmental aspects of the works or activities in question and their validity may not exceed the time proposed for the execution of the works or activities.
In addition, the Parties shall notify the Secretariat of the commencement and completion of the projects, as well as of the change in their ownership.
Article 50.-Any person who decides not to carry out a work or activity subject to environmental impact authorization shall inform the Secretariat in writing that it shall proceed to:
I. Archive the file that has been integrated, if the communication is made during the environmental impact assessment procedure, or
II. Leave the authorization without effect when the communication is made after it has been granted.
In the case referred to in the previous section, when harmful effects have been caused to the environment, the Secretariat shall make effective the guarantees granted in respect of the compliance with the conditions laid down in the authorisation and order the adoption of the appropriate mitigation measures.
CHAPTER VIII
OF INSURANCE AND GUARANTEES
Article 51.-The Secretariat may require the granting of insurance or guarantees regarding compliance with the conditions laid down in the authorizations, when during the performance of the works, serious damages may occur ecosystems.
Serious damage to ecosystems can be considered when:
I. Substances that can be released into contact with the environment can be transformed into toxic, persistent and bioaccumulative;
II. In the places where the work or activity is intended, bodies of water, species of wild flora and fauna or endemic species, threatened, endangered or subject to special protection shall be carried out.
III. The projects involve the carrying out of activities deemed to be highly risky in accordance with the Law, the respective regulations and other applicable provisions, and
IV. Works or activities are carried out in Protected Natural Areas.
Article 52.-The Secretariat shall fix the amount of insurance and guarantees on the basis of the value of the repair of the damage that may be caused by the failure to comply with the conditions imposed on the authorizations.
In any case, the advocate may grant only the insurance or guarantees that correspond to the stage of the project you are undertaking.
If the person is no longer granting the insurance and the required bonds, the Secretariat may order the temporary, partial or total suspension of the work or activity until the requirement is met.
Article 53.-The applicant shall, where appropriate, renew or annually update the amounts of insurance or guarantees that it has granted.
The Secretariat, within ten days, will order the cancellation of the insurance or guarantees when the promote accredit that has met all the conditions that gave them origin and make the corresponding request.
Article 54.-The Secretariat shall constitute a Trust for the purpose of the resources to be obtained for the recovery of insurance or the execution of guarantees. Such resources shall also be applied to the repair of damage caused by the performance of the works or activities concerned.
CHAPTER IX
OF THE INSPECTION, SECURITY MEASURES AND SANCTIONS
N. OF E. WITH REGARD TO THE ENTRY INTO FORCE OF THIS ARTICLE, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(REFORMED, D. O. F. 31 OF OCTOBER 2014)
Article 55.-The Secretariat, through the Federal Office for Environmental Protection or, where appropriate, through the Agency, within the scope of its respective powers, shall carry out the acts of inspection and surveillance of the compliance with the provisions of this Regulation as well as those resulting from it, and shall impose the security measures and penalties resulting therefrom.
For the purposes of the above, the Secretariat, through the administrative units referred to in the preceding paragraph, as the case may be, may require persons subject to the acts of inspection and surveillance, the presentation of information and documentation relating to compliance with the above provisions.
Article 56.-Where there is an imminent risk of ecological imbalance or serious damage or deterioration to natural resources; cases of contamination with dangerous repercussions for ecosystems, their components or for health public, or supervenlient causes of environmental impact, the Secretariat, founded and motivated, may order some or some of the security measures provided for in Article 170 of the Law.
In any event, with due basis and motivation, the competent authority shall indicate the time and conditions for the compliance with the corrective, urgent implementation and safety measures, as well as the requirements to withdraw the latter in accordance with the provisions of Article 170 BIS of the Law.
Article 57.-In cases where works or activities are carried out that require the environmental impact assessment procedure to be submitted in accordance with the Law and this Regulation, without the corresponding authorization, the Secretariat, based on Title VI of the Law, will order the corrective or urgent measures to be implemented. The above, without prejudice to administrative penalties and to the exercise of the applicable civil and criminal actions, as well as to the imposition of security measures as provided for in the previous Article.
For the imposition of the security measures and of the sanctions referred to in the preceding paragraph, the Secretariat shall determine the degree of environmental damage caused or may be caused by the performance of the works or activities in question. It shall also subject to the environmental impact assessment procedure the works or activities that have not yet been initiated.
Article 58.-For the purposes of this Chapter, corrective or urgent measures shall be aimed at preventing any further disruption of the environment, ecosystems or their elements; of natural resources which have been affected by works or activities, as well as to generate an alternative positive effect and equivalent to adverse effects on the environment, ecosystems and their elements identified in the inspection procedures. In determining the measures identified, the authority shall consider the order of precedence referred to in this provision.
The person concerned, within a period of five days from the notification of the resolution by which corrective measures are imposed, may submit to the competent authority a proposal for the implementation of measures alternatives to those ordered by the Secretariat, provided that such a proposal is duly justified and seeks to comply with the same purposes as the measures ordered by the Secretariat. If the authority does not issue a resolution on the proposal referred to above within ten days of its receipt, it shall be understood to be in the affirmative.
The deadlines ordered for the implementation of the corrective measures referred to in the preceding paragraph shall be suspended as long as the authority decides on the origin or not of the alternative measures proposed with respect to them. Such suspension shall proceed when expressly requested by the applicant, and shall not be caused to damage and harm to third parties, unless these are guaranteed in the event of failure to obtain a favourable resolution.
N. OF E. IN RELATION TO THE ENTRY INTO FORCE OF THIS PARAGRAPH, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(REFORMED FIRST PARAGRAPH, D.O.F. 31 OCTOBER 2014)
Article 59.-When the person responsible for a work or activity authorized in the field of environmental impact, does not comply with the conditions provided for in the authorization and the cases of Article 170 of the Law, the Federal Attorney General's Office Protection of the Environment or, where appropriate, the Agency, within the scope of its respective powers, shall order the imposition of the appropriate security measures, irrespective of the corrective measures and the penalties to be applied.
This is without prejudice to the exercise of civil and criminal actions resulting from irregularities detected by the authority in the exercise of its inspection and surveillance powers.
Article 60.-When the authority is placing the alleged infringer in accordance with Article 167 of the Law, and the latter appears in writing accepting the irregularities in the inspection report, the Secretariat shall proceed, within the next twenty days, to dictate the respective resolution.
Article 61.-If, as a result of an inspection visit, the imposition of security, corrective or urgent enforcement measures is ordered, the inspected must notify the compliance authority of each, within a period of time. not more than five days from the date of expiry of the period granted by that time-limit for completion.
Article 62.-When the infringer carries out the corrective or urgent measures or remedies the irregularities in which it has incurred, prior to the imposition of a sanction by the Secretariat, such authority shall consider such the situation as a mitigating factor for the infringement committed.
Also, in cases where the infringer carries out corrective or urgent measures, or remedy the irregularities detected within the time limits ordered by the Secretariat, in the cases referred to in Article 169 of the Law, may request the authority to modify or revoke the sanction imposed within a period of 15 days from the expiration of the last period granted for the performance of the corresponding measures.
The request for a review must be submitted to the authority that imposed the sanction and will be resolved by the superior of the sanction, in accordance with the deadlines provided for in the Federal Law of Administrative Procedure. In this case, the suspension of the execution of the penalty shall be suspended in the cases provided for in Article 87 of the order referred to above.
Article 63.-In the cases referred to in the last paragraph of Article 173 of the Law, the infringer shall submit his or her application to make equivalent investments in the acquisition and installation of equipment to prevent pollution or the protection, preservation or restoration of the environment and natural resources within a period of 15 days from the notification of the decision imposing the appropriate fine.
The application must be submitted to the authority that issued the resolution and will be resolved by the superior hierarchical within the next twenty days.
Article 64.-The Secretariat shall promote the creation of funds, trusts or other financial instruments of a financial nature, in order to channel to these funds the resources to be obtained under the implementation of the the Law, this Regulation and the other laws that result from it in an effective and transparent manner.
CHAPTER X
OF THE POPULAR COMPLAINT
N. OF E. WITH REGARD TO THE ENTRY INTO FORCE OF THIS ARTICLE, SEE TRANSITIONAL FIRST OF THE DECREE AMENDING THE ORDER.
(REFORMED, D. O. F. 31 OF OCTOBER 2014)
Article 65.-Everyone, social groups, non-governmental organizations, associations and societies may report to the Federal Office for Environmental Protection, the Agency or the relevant authorities made, act or omission which produces or may produce ecological imbalance or damage to the environment or natural resources, or contravene the legal provisions in this field, and relate to the works or activities referred to in the Article 28 of the Law and this Regulation. The complaints to be filed shall be substantial in accordance with the provisions of Chapter VII of Title VI of the Law.
TRANSIENT
First. This Regulation shall enter into force on 30 calendar days after its publication in the Official Journal of the Federation.
Second. The Regulation of the General Law on Ecological Balance and Environmental Protection in the Field of Environmental Impact, published in the Official Journal of the Federation on 7 June 1988 and all those provisions which oppose it, is repealed. This Regulation.
Third. All procedures for requests for environmental impact assessment that are in the process will be resolved in accordance with the regulations in force at the time of their submission, except for those in which the application of this order.
Fourth. The works or activities corresponding to the remodelling of a work that has been operating since before 1988 shall not be subject to the environmental impact assessment procedure.
Given at the residence of the Federal Executive Branch, in Mexico City, Federal District, at the twenty-three days of May of two thousand.-Ernesto Zedillo Ponce de León.-Heading.-The Secretariat of the Environment, Natural Resources and The Secretary of Agriculture, Livestock and Rural Development, Romarico Arroyo Marroquín.-Heading.-The Secretary of Communications and Transport, Carlos Ruiz, the Secretary of Energy, Luis Tellez Kuenzler. Sacristan.-Heading.
N. OF E. THE TRANSITIONAL ARTICLES OF THE DECREES OF REFORMS TO THIS ORDER ARE THEN TRANSCRIBED.
D. O. F. 26 APRIL 2012.
FIRST. This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.
SECOND. The formalities which, at the entry into force of this Decree, are pending for resolution, shall be resolved in accordance with the provisions in force at the time of their initiation.
D. O. F. 31 OF OCTOBER 2014.
FIRST. This Decree shall enter into force on 2 March 2015.
SECOND. The cases which are pending the entry into force of the Regulation will be resolved in the terms of the transitional provisions of the Law of the National Agency for Industrial Safety and Environmental Protection of the Sector Hydrocarbons, published in the Official Journal of the Federation on 11 August 2014.