GENERAL LAW REGULATION FOR THE PREVENTION AND COMPREHENSIVE MANAGEMENT OF WASTE

Last reform published in the DOF on: October 31, 2014.

Published in the DOF on November 30, 2006.

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

VICENTE FOX QUESADA, Constitutional President of the United Mexican States, in exercise of the power granted to me by part I of Article 89 of the Political Constitution of the United Mexican States and based on the Articles 13, 31, 32 Bis, 36 and 39 of the Organic Law of the Federal Public Administration, as well as 7, fraction II, of the General Law for the Prevention and Integral Management of Waste, I have had to issue the following

GENERAL LAW REGULATION FOR THE PREVENTION AND COMPREHENSIVE MANAGEMENT OF WASTE

TITLE FIRST

PRELIMINARY RULES

Article 1. The purpose of this order is to regulate the General Law for the Prevention and Integral Management of Waste and governs throughout the national territory and the areas where the Nation exercises its jurisdiction and its jurisdiction. It is the responsibility of the Federal Executive, through the Secretariat of the Environment and Natural Resources.

(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 this sector and, in the case of activities other than that sector, the Secretariat will exercise the corresponding privileges through the administrative units defining its rules of procedure.

Article 2.-For the purposes of this Regulation, in addition to the definitions contained in the General Law for the Prevention and Integral Management of Waste and the General Law of Ecological Balance and Environmental Protection, Understand by:

I. Storage of hazardous waste, action to temporarily retain hazardous waste in areas which comply with the conditions laid down in the applicable provisions to prevent their release, as long as they are processed for use, A treatment is applied to them, transported or finally disposed of;

II. Collection, action of gathering the waste from one or different sources for handling;

(ADDED, D. O. F. 31 OF OCTOBER 2014)

II Bis. 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;

(ADDED, D. O. F. 31 OF OCTOBER 2014)

II Ter. Agency, National Agency for Industrial Safety and Environmental Protection of the Hydrocarbons Sector;

III. Chain of custody, document where the responsible, whether they are generators or handlers, record the collection of samples, their transport and delivery of samples to the laboratory for testing or analysis;

IV. Annual operation cedula, instrument for reporting and collecting emission information and transfer of pollutants into the air, water, soil and subsoil, hazardous materials and waste used for updating the database Emission and Transfer of Pollutants record;

V. Hazardous waste collection centre, facility authorized by the Secretariat for the provision of services to third parties where they receive, gather, transfer and temporarily accumulate hazardous waste and then be sent to facilities authorised for their treatment, recycling, reuse, co-processing or final disposal;

VI. Particular Conditions of Management, the modalities of management that are proposed to the Secretariat on the basis of the particularities of a hazardous waste in order to achieve efficient management of the waste;

VII. Controlled confinement, engineering work for the final disposal of hazardous waste;

VIII. Confinement in geologically stable formations, engineering work for final disposal in natural or artificial structures, impermeable, including saline domes, which ensure the environmentally safe isolation of the waste hazardous;

IX. Basic Diagnosis for Integral Waste Management, a study that identifies the situation of the generation and management of waste and in which the amount and composition of the waste is considered, the infrastructure to handle them integrally, as well as the capacity and effectiveness of it;

X. Facilities, those where the hazardous waste generator process is developed or where the activities of handling this type of waste are carried out. This definition includes the premises belonging to the hazardous waste generator or those on which it has a derived possession and which are directly related to its activity;

XI. National Inventory Of Contaminated Sites, which is developed by the Secretariat in accordance with Article 75 of the General Law for the Prevention and Integral Management of Waste;

XII. Jales, waste generated in primary operations of separation and concentration of minerals;

XIII. Law, the General Law for the Prevention and Integral Management of Waste;

XIV. Release of hazardous waste, action to discharge, inject, inoculate, deposit, spill, emit, empty, dump, place, spray, abandon, drain, drip, escape, bury, dump or dump hazardous waste into the natural elements;

XV. Manifest, a document in which hazardous waste management activities are recorded, which must be developed and maintained by the generators and, where appropriate, the service providers of the waste management services and which must be used as a base for the elaboration of the Annual Operation Edula;

XVI. Attorney General's Office, the Federal Attorney General's Office;

XVII. Collection, action of collecting waste to transport them or moving them to other areas or facilities for their integral management;

XVIII. Regulation, the Regulation of the General Law for the Prevention and Integral Management of Waste;

XIX. Sanitary filling, installation for the final disposal of solid urban solid waste and special handling, and

XX. UTM, the Universal Transverse Projection of Mercator, a system used to convert spherical geographical coordinates into flat cartesian coordinates.

Article 3.-In the case of the causes of public utility referred to in Article 3 of the Law, the guarantee to be carried out in accordance with the provisions of the Expropriation Act shall be carried out once it has been entered in the records. the property concerned that the respective property is contaminated. The corresponding inscription shall describe the type of pollutant, the degree of contamination and the cost of the remediation of the building.

Article 4.-The agreements or agreements signed by the Federation with the Federative Entities, with the participation that corresponds to the municipalities, in the terms provided for in Articles 12 and 13 of the Law, may not be functions related to matters governed by international treaties to which Mexico is a party.

Article 5.-The consultation bodies that the Secretariat integrates in the matters of its competence, as referred to in Article 36 of the Law, may be established by the Agreement of its Holder to be published in the Official Journal of the Federation and in which it will define its integration, structure, organization and operation. The Secretariat may coordinate or consult independently constituted bodies or systems.

Article 6.-To promote the participation of producers, generators, importers and other social sectors in the minimization of the generation of hazardous waste, it will be promoted:

I. The replacement of materials used as inputs in processes that generate hazardous waste, for other materials that when processed do not generate such waste;

II. The use of technologies that generate less hazardous waste, or that do not generate them, and

III. The establishment of minimization programs, in which large companies provide advice to small and medium-sized companies that are their suppliers, or, they have the support of academic institutions, professional associations, chambers and industrial associations, as well as other related organizations.

Article 7.-The Secretariat will design the criteria and methodology to standardize and standardize the IT instruments for the integration of information that, in terms of article 37 of the Law, the federal entities and the municipalities shall incorporate into the Integrated Waste Management Information System.

The methodology set out in the preceding paragraph shall also comprise the mechanisms for the annual system update.

Article 8.-The Secretariat will publish in its electronic portal the criteria and methodology for the elaboration and updating of the inventories of waste dumps or sites where the clandestine waste has been abandoned. different types in each federative entity and that, according to the second paragraph of article 39 of the Law, will integrate all three government orders.

Article 9.-In an emergency situation related to the integral management of waste, the first authority to take knowledge must notify the competent federal, state or municipal authorities to act. in accordance with the programmes established in accordance with the provisions of the General Civil Protection Act and the other provisions that apply.

Article 10.-The interpretation for administrative purposes of this Regulation corresponds to the Federal Executive, through the Secretariat.

Article 11.-The determination to classify a waste as a special handling, in terms of Article 19, fraction IX, of the Law, will be established in the corresponding Mexican official standard.

Article 12.-The Mexican official rules issued by the Secretariat for the classification of solid urban and special handling waste that will be subject to management plans will contain:

I. The criteria to be taken into consideration for determining the urban and special solid waste that will be subject to management plan;

II. The criteria for making the listings;

III. The listings of waste subject to management plans;

IV. The criteria to be taken into account for the inclusion and exclusion of waste in the listings, at the request of the federative entities and municipalities;

V. The type of management plan, taking into account the characteristics of the waste and the corresponding control mechanisms, and

VI. The elements and procedures to be taken into consideration in the elaboration and implementation of the corresponding management plans.

The validity of the lists of the waste of special handling and urban solids subject to management plan shall start from the date determined by the Mexican official rules provided for in this Article.

Article 13.-Mexican official standards that determine the specifications and guidelines to be considered when formulating management plans, will establish general criteria that, with respect to these management plans, guide their elaboration, determine the stages that will cover and define the management structure, hierarchy and shared responsibility between the parties involved.

Article 14.-The principle of shared responsibility, established in the Law, will also apply to the integral management of special handling and urban solid waste that are not subject to management plan according to the law. Law, this Regulation and the Mexican official rules.

Article 15.-The authorities of the three government orders may coordinate for the exercise of their privileges in order to:

I. Promote administrative simplification to promote the development of the by-products markets under environmental protection criteria;

II. Support the dissemination of the necessary information to promote the culture of the recovery and use of hazardous waste, special management and urban solids, and

III. Encourage the implementation of voluntary instruments, such as environmental audits, certification of processes or other modalities of agreements proposed by stakeholders to reduce the generation or to seek the use of urban solid waste and special handling, as well as avoiding the pollution caused by them.

TITLE SECOND

MANAGEMENT PLANS

CHAPTER I

Generalities

Article 16.-Waste management plans may be established in one or more of the following modes:

I. Taking into account the subjects involved, they may be:

(a) Private, those implemented by private individuals who under the Law are obliged to prepare, formulate and implement a waste management plan, or

(b) Mixts, which are instrumental in those mentioned in the previous paragraph, with the participation of the authorities in the field of their competences.

II. Considering the possibility of association of the subjects required for their formulation and execution, they may be:

(a) Individual, those in which only a bound subject establishes in a single plan, the comprehensive management that will give one, several or all the waste it generates, or

b) Collective, those that determine the integral management that will be given to one or more specific waste and which can be elaborated or applied by several obliged subjects.

III. In accordance with their scope, they may be:

(a) Nationals, when applied throughout the national territory;

(b) Regional, when applied in the territory of two or more states or the Federal District, or two or more municipalities of the same or different states, and

c) Local, when their application is in a single state, municipality or Federal District.

IV. Taking into account the current of the residue.

Article 17.-The subjects required to formulate and execute a management plan may perform it in the terms provided for in this Regulation or the corresponding Mexican official rules, or adhere to the management plans. set.

adherence to an established management plan will be performed according to the mechanisms provided for in the management plan itself, provided that the stakeholders expressly assume all the obligations under the management plan.

Article 18.-The municipal authorities, in coordination with the Secretariat, will implement management plans that incorporate the comprehensive management of hazardous waste generated in households in equal or lower amounts to the which generate microgenerators, by disposing of consumer products containing hazardous materials, as well as in housing units or in offices, institutions, dependencies and entities and which will be implemented by them.

Federative entities and municipalities that provide the public service of clean or execute programs for the separation, collection and collection of the waste referred to in the preceding paragraph and for which they possess waste dangerous, they must observe the management criteria established in the Law, this Regulation and the Mexican official rules.

The management plans outlined in this article may include other waste of special and urban solid management that, according to the law, are not subject to a management plan.

Article 19.-Federative entities and municipalities will be able to release the management plans outlined in the previous article in their respective territorial jurisdictions, in order to promote their efficient use, the establishment of infrastructure and the development of markets for the recovery of waste.

Article 20.-The subjects who, under the Law, are obliged to draw up management plans may implement them by subscribing to the legal instruments they deem necessary and appropriate to fix their responsibilities. In this case, without prejudice to the parties ' agreement, these instruments may contain the following:

I. The waste that is the object of the management plan, as well as the amount that is estimated to be handled by each of them;

II. The way in which the minimisation of the amount, recovery or use of waste will be carried out;

III. Mechanisms for other obligated subjects to be incorporated into management plans, and

IV. The mechanisms for evaluation and improvement of the management plan.

Article 21.-In order to comply with the principle of recovery and use of the waste referred to in section II of the previous article, the ownership of the waste may be transmitted, either for consideration or free of charge, to be used as input or raw material in another production process and may be considered as by-products where the transfer of ownership is documented and included in the management plan that has been registered with the Secretariat.

Waste may be recovered when incorporated into the process that generated them and this is included in the management plan that has been registered with the Secretariat.

Article 22.-The Secretariat may promote and conclude agreements, individually or collectively, with the private sector, the authorities of the federal and municipal entities, as well as with other federal agencies and agencies, for the achievement of the objectives of the management plans, as well as:

I. Promote national enforcement management plans;

II. Encourage the minimisation or recovery of waste;

III. Facilitate the use of waste;

IV. Encourage the purchase of marketed products containing recyclable or returnable materials, and

V. Encourage the development of technologies that are economically, environmentally and socially feasible for the integral management of waste.

Article 23.-The Secretariat may disseminate through its electronic portal, the name of the subject obliged to the formulation and execution of the management plan and the waste that is the object of the management plan or, after authorization of the holder of the The Secretariat may publish the plan on that portal, in terms of the Federal Law on Transparency and Access to Government Public Information.

CHAPTER II

Registration and Incorporation to Management Plans

Article 24.-Persons who, in accordance with the provisions of the Law, are required to register with the Secretariat the plans for the handling of hazardous wastes shall be subject to the following procedure:

I. The following information shall be incorporated into the electronic portal of the Secretariat through the system established for this purpose:

a) Name, name or social reason of the applicant, address, turn or preponderant activity, name of your legal representative;

b) Handling plan mode;

(c) Hazardous wastes subject to the plan, specifying their physical, chemical or biological characteristics and the estimated handling volume;

d) Ways of handling, and

e) Name, name, or social reason for those responsible for running the management plan.

In the case of a collective management plan, the data referred to in point (a) of this fraction shall correspond to those of the person who has been designated in the management plan itself to process its registration.

II. The information provided will be appended in electronic format, such as image files or other analogues, the following documents:

(a) Official identification or document certifying the personality of the legal representative;

b) Document containing the management plan, and

(c) Instruments which have been concluded in accordance with Article 20 of this Regulation.

III. Once the data has been incorporated, the Secretariat will automatically, by the same system, indicate the number with which the corresponding management plan is recorded.

If the person concerned is not able to electronically annex the documents mentioned in section II of this article, he will present copies of the documents in the offices of the Secretariat and will carry out the incorporation of the information indicated in the fraction I directly in the Dependency.

If the data subject does not have the electronic means to request the registration referred to in this article, it may be filed in the offices of the Secretariat to comply with its procedure.

The procedure provided for in this Article will also apply when interested parties intend to modify a registered management plan. In this case, it will be necessary to indicate only the registration number that was previously assigned to them.

Article 25.-Large generators which, in accordance with the provisions of the Law, are required to submit to the Secretariat a hazardous waste management plan, shall be subject to the procedure specified in fractions I and II of the Previous article.

The electronic system will only provide an acknowledgement of receipt and the Secretariat will have a term of forty-five days to issue the corresponding registration number, upon evaluation of the content of the management plan.

Within this same period, the Secretariat may make recommendations to the management modalities proposed in the plan. The generator shall describe in its annual report the manner in which it addressed those recommendations.

Article 26.-The incorporation of a management plan registered with the Secretariat will be credited with the following documents:

I. Certified copy of the legal instrument containing the agreement of wills between the subject and the subject that wishes to be incorporated into that management plan, or

II. Written by means of which the subject, by himself or through the legal representative who has the authority to do so, expressly accepts the incorporation of the person concerned into the management plan.

In the document referred to in section II of this article, the registration number of the management plan must be specified.

CHAPTER III

Particular Handling Conditions

Article 27.-The following hazardous waste may be subject to particular conditions of handling:

I. Those who are considered as such, in accordance with the provisions of the Law;

II. The listings by specific source and not specified in the corresponding Mexican official standard, as long as, as a result of the modification of processes or raw material, change the characteristics by which they were listed, and

III. Those which, in accordance with that rule, are classified by type and are expressly subject to those conditions.

Article 28.-The waste generators mentioned in the previous article may propose to the Secretariat in writing, the particular conditions of handling by installation, process or type of waste.

To this effect, they will describe in their proposal the process, the current of the residue, their characterization, the management proposal and the arguments that justify the particular condition.

The Secretariat will have thirty working days to resolve the particular handling conditions proposed.

The approval or determination of particular management conditions does not change or cancel the classification of a waste as hazardous.

Article 29.-The particular management conditions approved by the Secretariat may be integrated into a management plan, without being exempted from verification by the Attorney General's Office.

The management plan that integrates particular management conditions approved by the Secretariat will have the effect of authorization for those hazardous waste management activities contained in the plan, which, in accordance with the Law, require authorization, except for the final disposition.

When it is detected that the particular conditions of handling have been breached, these will be left without effect and the handling of the waste will be subject to the authorization regime of the Law. Notwithstanding the above, the corresponding management plan shall continue in force, with the exception of the specific management conditions.

CHAPTER IV

Federal Government Environmental Management Systems

Article 30.-The environmental management systems referred to in Article 34 of the Law will be integrated into the environmental management systems provided for in Article 17 Bis of the General Law of Ecological Balance and the Protection of the Environment.

Article 31.-In environmental management systems, responsibilities must be specified and actions with respect to waste management should be described.

THIRD TITLE

WASTE FROM THE METALLURGICAL MINING INDUSTRY

Article 32.-The following wastes from metallurgical processes, in the terms of section III of article 7 of the Law, are of federal competence:

I. Manufacture and processing of iron and steel;

II. Manufacture of ferro-alloys;

III. Pelletizing, briqueting and sintering in the processes of iron, steel and ferroalloys;

IV. Primary iron and steel rolling and roughing, common and special steels, as well as intermediate and final conditioning processes;

V. Secondary lamination of iron and steel, as well as intermediate, finishing and coatings processes;

VI. Manufacture of tubes with sewing, iron and steel connections and posts, of sheet metal, including their intermediate and final conditioning processes, as well as coatings;

VII. Manufacture of seamless pipes, connections and poles of iron and steel, produced by thermal and casting processes, including their intermediate and final conditioning processes, as well as coatings;

VIII. Refining and refining of other non-ferrous metals, including casting, extrusion or drawing;

IX. Lamination of other non-ferrous metals, only by thermal or casting or electrolytic processes;

X. Copper refining and refining, as well as its alloys, including cast, extrusion or stretch;

XI. Lamination of copper and its alloys, only by means of thermal or casting processes;

XII. Aluminium refining and lamination, including casting, extrusion or drawing;

XIII. Manufacture of welds of non-ferrous metals;

XIV. Casting and moulding of iron and steel parts;

XV. Manufacture of hand tools, only by means of thermal or casting processes, other than microindustry;

XVI. Iron and steel scrap metal smelting as iron and steel in the steel industry;

XVII. Scrap metal of non-ferrous metals such as aluminium, bronze, lead and other metal materials;

XVIII. Manufacture and assembly of machinery and equipment for various industrial uses, including heat or smelting treatment;

XIX. Manufacture of trophies and medals, including casting as the main process;

XX. Casting and moulding of non-ferrous metal parts;

XXI. Manufacture of agricultural and livestock machinery only if it includes thermal or casting processes, and

XXII. Manufacture of accumulators and electric batteries.

Article 33.-The mineral-metallurgical waste will be handled according to the management plans developed by those responsible for the processes that generate them. These management plans may be drawn up in the manner provided for in this Regulation and shall contain:

I. The waste that is the object of the management plan, as well as the amount that is estimated to be handled by each of them;

II. The activities to be carried out for the integral management of such waste, including environmental management requirements, administrative management and verification by the Secretariat;

III. The form of use or recovery, where this is possible, and

IV. The mechanisms for evaluation and improvement of the management plan.

The management plan shall be registered with the Secretariat in accordance with the procedure laid down in Article 24 of this Regulation.

Article 34.-For the purposes of Article 17 of the Law, the site of generation should be understood as both the predium in which the process that gives origin to the waste is developed and the one where the facilities are located, in terms of the X fraction of Article 2 of this Regulation.

The final disposal of waste from the metalworking industry will be subject to the provisions of the official Mexican regulations that will be issued for this purpose.

The final disposal of waste from the mining industry will be carried out in accordance with the corresponding Mexican official standard. The generators may dispose of mining waste in underground mines using the hydraulic filling process or any other process, as laid down in the official Mexican rules for the purpose of issuing the Secretariat.

In any case, the official Mexican rules regarding the final disposal of the waste referred to in this Article shall establish conditions of construction, operation, closure and, where appropriate, temporary storage that require projects.

(ADDED TO THE ARTICLE THAT INTEGRATES IT, D.O.F. 31 OF OCTOBER 2014)

TITLE THIRD BIS

WASTE FROM THE HYDROCARBON SECTOR

(ADDED, D. O. F. 31 OF OCTOBER 2014)

Article 34 Bis.-In terms of Article 95 of the Law on Hydrocarbons, the waste generated in the Activities of the Hydrocarbons Sector is federal competition.

Hazardous waste generated in the activities referred to in the preceding paragraph shall be subject to the provisions of this Regulation. Special handling waste shall be subject to the general rules and provisions for which the Agency is issued by the Agency.

TITLE FOURTH

HAZARDOUS WASTE

CHAPTER I

Hazardous Waste Identification

Article 35.-Hazardous waste will be identified according to the following:

I. Those who are considered as such, in accordance with the provisions of the Law;

II. Those classified in the Mexican official rules referred to in Article 16 of the Law, by:

(a) List of residues by hazard characteristics: corrosivity, reactivity, explosiveness, toxicity and flammability or containing infectious agents that confer danger to them; grouped by specific source and not specific; for being used products, expired, out of specification or withdrawn from the trade and to be discarded; or by type of residue subject to particular management conditions. The Secretariat shall consider the chronic, acute and environmental toxicity to which the waste is hazardous, and

(b) Characterisation criteria and thresholds that involve a risk to the environment by corrosivity, reactivity, explosiveness, flammability, toxicity or containing infectious agents that confer danger to them, and

III. Derivatives of the mixture of hazardous waste with other wastes; those resulting from the treatment, storage and final disposal of hazardous waste and equipment and constructions which have been in contact with hazardous waste and are discarded.

Hazardous waste listed by a condition of corrosivity, reactivity, explosiveness and flammability indicated in section II (a) of this article, shall be considered as hazardous, only if they exhibit the above. characteristics at the point of generation, without prejudice to the provisions of other applicable legal provisions.

Article 36.-Mexican official rules specifying the way to determine the hazard characteristics of a residue will consider not only the methods and tests derived from scientific and technical evidence, but also the Empirical knowledge that the generator has from its own waste, in this case the generator will manifest it within the management plan.

Article 37.-The determination of a residue as hazardous, based on the empirical knowledge of the generator, applies to those residues derived from processes or the mixture of hazardous wastes with any other material or residue.

If based on the empirical knowledge of its residue, the generator determines that any of its waste is not hazardous, this does not exempt it from compliance with the applicable legal provisions.

Article 38.-Those materials in storage units of raw material, intermediate and finished product, as well as those of production process, which are susceptible to be considered hazardous waste, will not be characterized while remaining in them.

When these materials are not reintegrated into their production process and discarded, they must be characterized and the hazardous waste is considered to have been generated and subject to regulation.

Article 39.-When there is a mixture of residues listed as hazardous or characterized as such by their toxicity, with other residues, that will be dangerous.

When in a process a mixture of residues with other characterized as hazardous, by its corrosiveness, reactivity, explosiveness or flammability is carried out, and this retains such characteristics, it shall be considered as waste. subject to particular handling conditions.

Article 40.-The mixture of soils with hazardous waste listed will be considered as hazardous waste, and will be handled as such when transferred.

Hazardous waste, which is mixed in sludge derived from treatment plants approved by the competent authority, must be characterised and comply with the particular conditions of discharge laid down for them and the other legal provisions of the matter. The official Mexican standard will determine those wastes that require additional characterization requirements according to their dangerousness.

The hazardous waste generated by dredging activities for the construction and maintenance of ports, docks, rivers, canals, dams and drains will be handled according to the official Mexican regulations that will issue.

Hazardous waste from the mineral-metallurgical industry and those integrated into sludge and wastewater will be regulated in the corresponding Mexican official standards.

Article 41.-Samples and studies to evaluate treatments are excepted from the characterization of hazardous waste when the labeling and packaging requirements are met.

CHAPTER II

Generator and Record Categories

Article 42.-In accordance with the categories set out in the Law, hazardous waste generators are:

I. Large generator: the one performing an activity that generates an amount equal to or greater than ten tonnes in total gross weight of hazardous waste per year or its equivalent in another unit of measure;

II. Small generator: the one performing an activity that generates an amount greater than four hundred kilograms and less than ten tons in total gross weight of hazardous waste per year or its equivalent in another unit of measure, and

III. Micro-generator: the industrial, commercial or service establishment generating a quantity of up to four hundred kilograms of hazardous waste per year or its equivalent in another unit of measure.

Generators with plants, facilities, establishments or subsidiaries within the national territory and in which the hazardous waste generating activity is carried out, may consider hazardous waste as generate all of them to determine the generation category.

Article 43.-Persons who under the Law are required to register with the Secretariat as hazardous waste generators shall be subject to the following procedure:

I. The following information shall be added to the Secretariat's electronic portal:

a) Name, name or social reason of the applicant, address, turn or preponderant activity;

b) Name of the legal representative, if any;

c) Start date of operations;

d) Business key of productive activity or its default title of the main activity;

e) Location of the site where the activity is performed;

f) Classification of hazardous waste that it considers to generate, and

g) Estimated annual amount of generation of each hazardous waste by which it applies for registration;

II. The information provided shall be annexed in electronic form, such as image files or other analogues, the official identification, in the case of natural persons or the constituent act in the case of moral persons. In the case of a single register of accredited persons, it is sufficient to indicate such registration, and

III. Once the data has been incorporated, the Secretariat automatically, by the same system, will indicate the number with which the generator and the assigned generation category are registered.

If it is not possible for the person concerned to electronically annex the documents referred to in section II of this Article, he may send it to the electronic address which for this purpose is enabled or submitted the same in the offices of the Secretariat and shall carry out the incorporation of the information indicated in the fraction I directly into the Dependency.

As long as the agreements referred to in Articles 12 and 13 of the Law are signed, the microgenerators of waste shall be registered with the Secretariat in accordance with the procedure provided for in this Article.

Article 44.-The category in which hazardous waste generators are registered will be modified when there is a reduction or increase in the amounts generated from such waste for two consecutive years.

The generators interested in modifying the category in which they are registered, must incorporate in the electronic portal of the Secretariat, through the system established, the following information: the number of generator record, brief description of the causes that motivate the modification, and the new category in which you request to be registered.

The Secretariat at the time of incorporation will indicate the acceptance of the category change.

Article 45.-Dangerous waste generators will be able to update the information regarding their personal identification data and the place where they generate their waste, by incorporating the new data into the system referred to in Article 43 of the Regulation and the Secretariat shall, at the time of incorporation, take the update.

Article 46.-Large and small hazardous waste generators must:

I. Identify and classify hazardous waste that they generate;

II. To handle hazardous waste separately and not to mix those that are incompatible with each other, in the terms of the respective official Mexican standards, or with hazardous waste that is recyclable or that have a valorization power for their use as raw material or as alternate fuel, or with solid urban or special handling waste;

III. Package the hazardous waste generated in accordance with its physical condition, in containers whose dimensions, shapes and materials meet the safety conditions for handling in accordance with the provisions of this Regulation and in the official rules corresponding mexican;

IV. Mark or label packaging containing dangerous waste with signs indicating the name of the generator, the name of the hazardous waste, the hazard characteristics and date of entry into the warehouse and what the Mexican official rules will establish applicable;

V. Adequately store, in accordance with its category of generation, hazardous waste in an area which meets the conditions laid down in Article 82 of this Regulation and in the relevant Mexican official rules, during the time-limits permitted by law;

VI. Transport its hazardous waste through persons authorised by the Secretariat in the field of its competence and in vehicles with corresponding signs in accordance with applicable regulations;

VII. Carry out the comprehensive management corresponding to their hazardous waste in accordance with the provisions of the Law, this Regulation and the corresponding Mexican official standards;

VIII. Prepare and submit to the Secretariat the notices of closure of their facilities when they cease to operate or when the activities of generating hazardous waste are no longer carried out; and

IX. The other provisions laid down in this Regulation and other applicable provisions.

The conditions set out in fractions I to VI also govern those hazardous waste generators operating under the temporary import regime for inputs.

Article 47.-Without prejudice to the obligations provided for in the previous article, the large hazardous waste generators will submit to the Secretariat the plan to manage their waste according to the procedure. provided for in Article 25 of this Regulation.

CHAPTER III

Authorizations

Article 48.-To obtain authorization, in terms of Article 50 of the Law, with the exception of the import and export of hazardous waste that will be subject to the provisions of Title V of this Regulation, the interested parties they shall submit an application, in a format issued by the Secretariat, which shall contain the following information:

I. General data of the person, including name, name or social reason, address, telephone, fax, address or e-mail address to receive notifications and location of facilities expressed in geographical coordinates. In this section, the applicant shall indicate the information that it classifies as confidential in terms of the Federal Law on Transparency and Access to Government Public Information;

II. Name and signature of the legal and technical representatives of the company, which may be substituted with the number of Single Register of Persons credited in the terms of Article 69-B of the Federal Law of Administrative Procedure;

III. Number of the environmental impact authorisation, in the event that the activity is considered in accordance with Article 28 of the General Law on Ecological Balance and Protection of the Environment;

IV. Approval number of the Accident Prevention Programme in the field of environmental risk, where the activity is considered to be highly risky;

V. Description and identification of each hazardous waste to be handled, where its physical, chemical or biological characteristics are indicated, and estimated annual handling quantity;

VI. The estimated annual capacity of the facilities where the management activity is intended to be carried out;

VII. Indication of the use of the approved soil at the address or area where it is intended to be installed;

VIII. The activity to be carried out, as described in accordance with Article 49 of this Regulation;

IX. The project start date and estimated investment;

X. The actions to be taken when the hazardous waste arrives at the facility where the respective activity will be carried out, including the discharge and weighing of the waste, and those that are carried out to confirm the information to which it is refers to the V fraction of this Article, as well as the movements of entry and exit of the warehouse area;

XI. The type of storage, packaging or bulk, and storage capacity for hazardous waste within the facility prior to its specific handling, except collection centres;

XII. The description of the equipment to be used in the handling activity, detailing their control systems;

XIII. The technical support information of the processes or technologies to which hazardous waste will be subjected, as well as information elements demonstrating, as far as possible, that the best available and economically available technology is proposed. accessible, as well as the forms of operation in accordance with best environmental practices;

XIV. Security measures implemented throughout the process;

XV. The characteristics of the waste generated during the handling operation, the estimated amount that will be generated and the handling that will be given to them, and

XVI. The proposal for insurance or financial guarantees which, where appropriate, are required, in the terms of Articles 76 and 77 of this Regulation.

Hazardous waste carriers shall only provide the information referred to in Sections I and II of this Article.

Article 49.-The activity information for which authorization is requested will describe the following:

I. For the installation and operation of collection centres:

a) The type of installation: cover or weather;

b) The dimensions and materials with which the walls, divisions and floors are manufactured;

c) The types of lighting and ventilation: artificial or natural;

(d) The forms of storage to be used: in bulk or in packaging, specifying the maximum height of the stowage and the handling of hazardous waste when the storage is carried out in bulk;

e) The storage systems, if any, and

f) The structures or engineering works of the facility to prevent the release of hazardous waste and pollution to the environment;

II. For the reuse of hazardous waste outside the source, the genus shall indicate the technical characteristics of the material or waste to be reused, the production processes in which it shall be used, its annual capacity for reuse and its balance of matter.

III. For recycling or co-processing hazardous waste outside the source that generated them:

a) The procedures, methods or techniques of recycling or co-processing that are proposed, detailing all of its stages;

b) The loads of hazardous waste, emissions, effluents and generation of other waste, as well as process control parameters, and

(c) Where an energy or material replacement is performed, the energy balance shall also be specified, the calorific value of the waste and the process to which it shall be incorporated;

IV. For the provision of hazardous waste treatment services:

(a) The treatment technology to be used to treat hazardous waste, mentioning the nominal and operational capacities, annual, equipment to be installed, including the balance of matter and energy and indicating the technology control parameters, and

b) The methods or analyses to be used to determine that the treated residue is no longer dangerous.

In the case of the treatment of waste containing infectious agents which confer danger to them, only the treatment to be applied to them shall be described, indicating the technology to be used and the conditions of design for the operation.

V. For the treatment of hazardous waste by deep injection well technologies:

(a) The physical, chemical or biological characteristics and quantity of hazardous waste intended to be injected;

b) System or method and path through which such injection will be performed;

c) Geological characteristics of the stratum or injection formation;

d) Measures to prevent contamination of aquifers and water bodies;

e) Description of the operation and maintenance of the injection wells, and

f) Description of the closure and abandonment of injection wells;

VI. For the provision of hazardous waste incineration services:

(a) The process that will be used to incinerate hazardous waste, mentioning the nominal and operational capacities, annual, of the equipment to be installed, including the balance of matter and energy and indicating the parameters of control of the process;

b) Process temperatures, equipment efficiency, waste destruction efficiency that can be achieved by the system, time of residence of the gases and the concentrations of pollutants generated by the equipment;

c) The hazardous waste feed system, as well as the operations performed in this activity;

(d) The fuels used for the incineration of waste, including its storage and form of food during operation, and

e) The emission control and monitoring system, including its operation and sampling points.

What is foreseen in this fraction applies for pyrolysis, plasma and gasification.

VII. For the provision of contaminated soil treatment services:

(a) The treatment or remediation methodologies that are proposed to be applied, describing in detail all of its technical aspects, its range of application and the pollutant to which it applies;

(b) The material and technical resources necessary for the execution of the methodologies referred to in the preceding paragraph, and

c) The treatment capacity expressed in tonnes per year;

VIII. For the construction and operation of a final disposal facility for hazardous waste on the premises itself or for the provision of services to third parties:

a) The estimated capacity of the confinement;

(b) The ratio and quantity of raw materials required for the operation of the confinement;

c) Total raw material storage capacity;

d) Estimated hazardous waste treatment capacity per day;

e) The facilities and operating conditions involved in the confinement;

f) The treatment technologies used prior to the final disposition;

g) The applicable methods of analysis and the sampling plan to confirm the reduction of the hazard of the waste being confined;

h) The way in which the waste will be stored before its final disposal: bulk or packaging and the location of the temporary storage area with respect to the other areas of the facility;

i) The proposed way to dispose of hazardous waste in confinement cells or to store or accommodate them in geologically stable cavities;

j) Pre-confinement operations of the waste, as well as the corresponding flowchart, and

IX. For the transport of hazardous waste the waste shall be described and the manner in which the waste is collected and transported, as well as the vehicles to be used.

For the purposes of the V fraction of this Article, hazardous waste treatment is understood by means of deep injection well technology to which hazardous waste is introduced into the subsoil, taking advantage of the physical, chemical and biological characteristics of those geological strata which naturally isolate such residues in such a way that when they come into contact with these components, their danger is neutralised, reduced or eliminated, provided that the integrity of the groundwater and surface water is guaranteed.

Article 50.-The authorization request will be accompanied by the following documentation:

I. Copy of the official identification of the applicant or of the constituent act of the moral person whose social object covers the activities he intends to carry out;

II. Legal document certifying the legal representative;

III. Copy of the land use authorisation issued by the competent authority. This authorisation may be subject to federal authorisation;

IV. Copy of the plan of the executive project of the plant as a whole, which must indicate the distribution of the areas, including the warehouse of hazardous waste received for its handling and the area of handling of hazardous waste, as it is treated. In the case of final disposal facilities, the plan shall also specify the location of the areas of treatment, solidification and confinement;

V. The process flow diagram, indicating the points where emissions are generated into the atmosphere, discharges of waste water, by-products, residues or pollutants, including their generation volumes, in line with the balance of matter, in the case of recycling, treatment or incineration of hazardous waste;

VI. Program of training of personnel involved in the management of hazardous waste, in the remediation of contaminated soils, in the operation of processes, equipment, means of transport, sampling and analysis of the waste, as well as other aspects relevant, as appropriate, the promote has incorporated;

VII. Programme for the prevention and attention of contingencies or environmental emergencies and accidents, which shall contain the description of the actions, measures, works, equipment, instruments or materials to be used to control environmental contingencies derived from uncontrolled emissions, leaks, spills, explosions or fires that may occur in all operations performed by the company as a result of the handling of hazardous waste, and

VIII. Copy of the environmental impact authorisation, if any.

Hazardous waste carriers will exhibit only the documentation indicated in fractions I and II of this article, as well as the documentation indicated in Sections IX and X of Article 80 of the Law.

The provisions of section VII of this Article shall be complied with, where an accident prevention programme has been submitted to the Secretariat under Article 147 of the General Law of Balance Ecological and Environmental Protection.

Article 51.-In addition to the documentation mentioned in the previous articles, according to the activity you intend to perform, the following will be appended:

I. For the incineration of hazardous waste, the proposal for a specific test protocol for this activity. What is foreseen in this fraction applies for pyrolysis, plasma and gasification;

II. For the provision of hazardous waste treatment services through deep injection well technologies:

a) The executive project of design and construction of injection wells;

b) The results of the injection well integrity tests;

c) Technical studies of hydrology, geohydrology, geophysics, geology, corresponding to determine the feasibility of the injection of waste at the selected site;

(d) The results of the laboratory tests showing the interaction of the geological stratum material with the residue to be injected, and

e) Comparative analysis of environmental benefits by application of deep injection well technology against other technologies;

III. For the provision of contaminated soil treatment services:

a) The listing of direct and indirect inputs that will be used in the processing process, indicating their commercial names and the feeding relationship for each of them. In the case of direct inputs, the quantity to be used per cubic metre of soil to be treated shall be indicated, and

(b) The safety sheets of the reagents, products, chemical formulas or bacterial strains to be used in the processing process, which must be submitted with the name and signature of the technical officer, the above to end be able to evaluate their use for the purposes that are requested as well as their effects on the environment;

IV. For the construction and operation of a final hazardous waste disposal facility, the site vulnerability study shall be annexed, which shall contain:

a) The site's local and regional geology;

b) The climatology and surface hydrology of the site;

c) The site hydrology study;

d) Site geophysics study;

e) The estimation of potential migration of pollutants into groundwater;

f) Determination of the degree of aquifer protection;

g) The determination of the risks associated with the residues and materials present in the operation of the controlled confinement, probabilities of occurrence of accidents, potential radii of affectation and safety zones;

h) The definition of recommendations, proposed by the person who elaborates the vulnerability study, to reduce the risk associated with the operation of the controlled confinement;

i) Determination of the risk to facilities and infrastructure of confinement and neighbouring areas for leakage, fire and explosion;

j) The determination of hydrological risk by precipitation, flooding and surface currents;

k) The study and results of soil and soil mechanics of the site;

l) The determination of geological risk due to faults, earthquakes and landslides;

m) The determination of leachate of the stabilized residues;

n) The determination, mobility, persistence and toxicity of pollutants or critical components of stabilized ecosystems for ecosystems;

o) The determination of site-specific factors that influence the exposure and dispersion of pollutants in air, water, and soil;

p) The determination and categorization of present and future points, routes and routes of exposure;

q) The determination of the most vulnerable receiving populations;

r) The determination of the reference dose values for non-carcinogenic critical pollutants or components and the risk indices for carcinogenic adverse effects;

s) The determination of the hazard rates for the case of non-carcinogenic adverse effects and the risk indices for the case of carcinogenic adverse effects;

t) The calculation of the total exposure for the most vulnerable population groups present for the different routes and routes of exposure, and

u) The determination of the possible consequences or adverse effects on human health and the environment of the assessed risks arising from the presence of the pollutants or critical components.

In the case of the authorizations referred to in section IV of this article, the Secretariat shall request the Secretariat of Health for the opinion regarding the documentation referred to in the points (t) and (u) of the said device. The two agencies shall provide the basis for the cooperation necessary to establish the form and time limits for the processing of such applications.

Article 52.-Microgenerators may organize each other to implement the collection and transport systems in the case of waste containing infectious agents which are in danger of being dangerous or of which the standard Corresponding Mexican official classifies as such.

In this case, the microgenerators shall submit to the Secretariat an application for authorization for the handling of the waste referred to, in the format issued by the dependency, such application shall contain:

I. Name and address of the person responsible for the operation of the collection and transport systems;

II. Description of the methods of treatment to be used to neutralise hazardous waste and site where its final disposal is proposed, and

III. Type of vehicle used for transport.

Article 53.-To the request indicated in the previous article, the following documentation shall be annexed:

I. Official identification of the person responsible for the operation of the collection and transport systems;

II. Proof of domicile of the person responsible for the operation of the collection and transport systems;

III. Vehicle traffic card used, and

IV. List containing the name and address of the microgenerators who organized the system for the collection and transport of hazardous waste.

The documents referred to in Sections I, II and III of this Article shall be presented in original and simple copies for their collation. The Secretariat shall resolve the request within 30 calendar days following the date of its receipt.

Article 54.-The Secretariat will resolve applications for authorization in accordance with the following procedure:

I. The authority shall review the application and the documents submitted and, where appropriate, provide the data subject for the first time within the first third of the deadline for the response of each processing to complete the missing information, which shall be submitted within a similar period of time, counted from the date on which the notification takes effect;

II. After the deadline without the prevention of prevention, the procedure will be discarded, and

III. After the above deadlines, the Secretariat shall resume and resolve in the terms of the following Article.

Where additional information is required by the Secretariat, the relevant requirement shall interrupt the relevant time limit.

Article 55.-The time limits for the resolution of the authorizations, taking into account the activity in respect of which the Secretariat is requested, shall be as follows:

I. For the installation of collection centres, twenty-one working days;

II. For collection and transport, thirty working days;

III. For the use of hazardous waste in incineration and co-processing, thirty working days, and

IV. For other handling activities, forty-five working days.

Article 56.-The authorizations issued by the Secretariat shall contain the following:

I. Name, name or business name and address of the holder;

II. Name and location of the respective facilities;

III. Activity or services that you authorize to perform;

IV. Name and type of waste subject to authorisation;

V. Authorised methodologies, technologies and operational processes;

VI. Authorization number;

VII. Validity of the authorization;

VIII. Guarantees to be displayed and the amount thereof, and

IX. The specific technical conditions for the development of the authorised service activity or service.

The Secretariat shall establish technical conditions from the assessment of the information and documentation presented in the application.

Article 57.-As long as the Mexican official rules governing recycling, treatment, incineration, gasification, plasma, thermolysis, or other technologies or processes are not issued, the Secretariat may request the service the executive project and development of a test protocol, provided that:

I. The technology or process is innovative and there is no experience in this respect;

II. There is a background that the said technology or process is not effective for the hazardous waste to be handled;

III. Waste incineration is intended to be carried out, or

IV. It is intended to handle persistent halogenated or organic compounds.

The test protocol will be performed in accordance with the applicable Mexican official standard.

Article 58.-The validity of authorizations for hazardous waste management shall be:

I. For the final disposal of hazardous waste, twenty-five years on the basis of the calculation of the life of the facilities, and

II. For reuse, recycling, co-processing, treatment, gasification, plasma, thermolysis, incineration, operation of collection centres or transport, ten years.

For any other activity that does not have an express effect on the Law or this Regulation, the minimum term shall be one year and the maximum of five years on the basis of the proposed operating conditions.

Article 59.-The validity of the authorizations may be extended for periods equal to the originally authorized, provided that the following conditions are met:

I. That the request for an extension is submitted in the last year of the validity of the authorization and up to forty-five working days prior to the expiration of the said validity;

II. That the activity developed by the requester is equal to the one originally authorized;

III. That the hazardous waste for which the original authorisation was granted has not changed, and

IV. The applicant is the holder of the authorization.

The request for extension will be submitted in writing and the Secretariat, through the Attorney General's Office, may verify the applicant's compliance with the conditions and terms set out in the original authorization. granted, as well as to the Law, this Regulation and the Mexican official rules, previously to be resolved on the request for an extension, except in the case of persons who are enrolled in an environmental audit program that instructs the Prosecutor's Office.

The Secretariat shall decide on the granting of the extension of the authorization within a period not greater than thirty working days from the date on which the request was received, even if the request has not been made. verification visit noted in the preceding paragraph.

After that period without the Secretariat having issued any resolution, the extension shall be deemed to be authorized.

Article 60.-The holders of an authorization may ask the Secretariat for the modification of such authorization, for which they shall submit an application, by means of the format issued by the Secretariat, which shall contain the authorization, the modification you request, and the reasons for the modification, by appending the documents with which these causes are credited.

The Secretariat shall, where appropriate, approve the modification requested in accordance with the provisions contained in this Regulation for the granting of authorizations.

In the case of a change of name or a social reason, the Secretariat shall be sufficient to notify the Secretariat, which shall be written in writing and to which a certified copy of the extraordinary general assembly minutes shall be accompanied. shareholders of the corresponding moral person, protocolised to the public purse and in which the change of name or social reason has been agreed and approved, as well as the legal instrument by which the personality of the person is credited will be the legal representative of the company to which the name or social reason has been changed.

Article 61.-The Secretariat to grant the extension or authorize the modification shall take into consideration the following:

I. That during the development of the approved activity no waste is generated that represents a risk to the population, to the environment or to the natural resources and that this activity complies with the environmental technical and technical provisions applicable;

II. That the treatments applicable to hazardous waste reduce or eliminate the characteristics that make them dangerous, regardless of the method used;

III. That the handling of waste does not consist of or involves a dilution or dispersion of the components or pollutants that make a waste hazardous;

IV. Compliance with the obligations laid down by the environmental legal provisions on hazardous waste, or

V. That the conditions laid down in the authorisation have been met, in the case of extensions.

Article 62.-The Secretariat shall suspend the effects of the authorizations granted when:

I. Documents are falsified to demonstrate compliance with conditions set out in the authorization, or

II. The original document of the authorization or its reproductions present alterations or modifications to its contents.

Article 63.-When the Secretariat is aware of any of the causes of revocation or suspension mentioned in the previous articles or in the Law, it will initiate the corresponding administrative procedure, which will be dealt with in accordance with the Federal Law of Administrative Procedure.

Article 64.-For the purposes of Article 51 of the Law, the Secretariat shall grant consent for the transfer of authorizations when it is requested for the purposes of the transfer of the domain of companies or installations, division or merger of companies.

For the purposes of the transfer of the domain, the requested document must be provided to the public service company that contains these acts, the public instrument that accredits the legal personality. who will be the legal representative, as well as his statement under protest to tell the truth that the conditions under consideration for the granting of the authorization to transfer and that the acquirer is not subject to administrative, civil or criminal proceedings arising from the Act.

The Secretariat shall issue the express consent for the transfer of the authorization within a period not exceeding ten working days from the business day following the date of the application. If no reply is issued within that period, the consent shall be deemed to have been refused.

Article 65.-Generators or service providers applying for an additional six-month period for the storage of hazardous waste shall submit to the Secretariat a request with 20 working days in advance of the date of expiry of the period authorised by the storage law, which shall contain the following information:

I. Name, name or social reason and registration number or authorisation, as appropriate, and

II. Justification for the technical, economic or administrative situation for which it is necessary to extend the storage period.

The Secretariat shall respond to the request within a maximum of 10 working days, if no reply is given within that period, the extension shall be deemed to have been authorised.

Article 66.-When any of the formalities provided for in this Regulation require another authorization from the Secretariat, the procedures shall be accumulated and the resolution shall be issued within the highest period of time. which has been established between the accumulated formalities.

Article 67.-The Secretariat may establish the mechanisms that allow to unify in a single procedure the procedures derived from this order with others that are of its competence, by means of an Agreement that is published in the Official Journal of the Federation.

CHAPTER IV

Common Provisions for Hazardous Waste Generators

Article 68.-Generators who for any reason stop generating hazardous waste must submit to the Secretariat a written notice containing the name, name or social reason, registration number or authorization, as be the case, and the corresponding explanation.

When the installation is closed, the generators shall present the notice referred to in the preceding paragraph, providing the following information:

I. Micro-generators of hazardous waste shall only indicate the planned date for the closure of their facilities or suspension of the waste generating activity or, where appropriate, they shall notify them that they have closed their facilities, and

II. Small and large hazardous waste generators will provide:

(a) The expected date of closure or suspension of hazardous waste generating activity;

(b) The relationship of the generated hazardous waste and raw materials, products and by-products stored during the production, cleaning and decommissioning stoppages of the facility;

c) The installation's cleaning and dismantling program, including the relationship of materials used in the cleaning of piping and equipment;

d) The process pipeline diagram, plant instrumentation, and installation drains, and

e) The registration and description of accidents, spills or other contingencies occurring within the premises during the period of operation, as well as the results of the actions taken. This requirement applies only to large generators.

Hazardous waste generators will manifest in the notice, in protest of telling the truth, that the information provided is correct.

The provisions of this Article apply to providers of hazardous waste management services, with the exception of those providing the service of final disposal for this type of waste.

Article 69.-Those responsible for the operation of a final disposal facility for hazardous waste shall give notice to the Secretariat within the previous year of the closure of operations, in writing containing the name, denomination or social reason; registration number or authorization as the case may be.

Thirty business days before closing, provide the Secretariat with the following information:

I. Final conformation of the surface cover of each cell, including slopes, slopes, limits of the predium, fences, installations, characteristics of the final cover of the closure, surface and interior drains, as well as the infrastructure for the control of leachate and biogas;

II. Height and final volume of each cell;

III. Final volume and volume used in the salt dome cavity;

IV. Volume used for the mine;

V. Description of measures to monitor groundwater;

VI. Description of measures to monitor, control and treat leachate and gas;

VII. Description of measures to control pluvial infiltrations that include monitoring periods according to historical records, and

VIII. The description of the projected monitoring and maintenance activities and the frequency with which they will be performed for all the facilities of the final disposal site, including those of the surface coverage of the cells, as well. as well as complementary facilities which are subsequently used for closure for a period of 20 years.

The information indicated shall be annexed to the simple copy of the documents which cover the insurance or economic guarantees granted by the person responsible for the confinement to cover the work of monitoring and maintaining the confinement by a period of twenty years.

Article 70.-The information referred to in the previous two articles will be reviewed by the Secretariat, which may order, within a period not longer than one year, the physical inspection of the facilities and the site where they are they are located in order to inspect that the applicable provisions have been observed.

Where there are irregularities of the information provided regarding the physical inspection carried out by the Secretariat, the Secretariat shall initiate the appropriate administrative procedure.

Article 71.-The logbooks provided for in the Law and this Regulation will contain:

I. For large and small hazardous waste generators:

a) Name of the waste and quantity generated;

b) Characteristics of dangerousness;

c) Area or process where it was generated;

(d) Entry and exit dates of the temporary storage of hazardous waste, except in the case of offshore platforms, in which case the date of entry and exit of the areas of protection or transfer of such waste shall be recorded. wastes;

e) The handling of the handling phase following the warehouse exit, stub or transfer area, as outlined in the preceding paragraph;

(f) Name, name or social name and approval number of the service provider to whom the handling of such waste is entrusted, and

g) Name of the technical officer of the log.

The above information will be settled for each entry and exit from the temporary warehouse within the period from January to December of each year.

II. For the monitoring of parameters for the treatment, incineration, recycling and co-processing of hazardous waste:

a) Authorized process;

b) Name and characteristics of hazardous waste subject to treatment;

c) Description of the levels of emissions or releases generated during the process, including their frequency and intensity, and

d) Conditions of temperature, pressure, and process power.

III. For control of contaminated site remediation processes:

a) Type of technology used;

b) Start date and term remediation actions;

c) Volume to be treated;

d) Points and date of sampling;

e) Analytical results of soil sampling during remediation;

f) Name, quantity, and date of addition of inputs;

g) Date of dump and homogenization of the soil, in case this is done, and

h) The name of the remediation technician.

Article 72.-Large hazardous waste generators must submit annually to the Secretariat a report through the Annual Operation Edula, in which they will provide:

I. Identification of the hazard characteristics of hazardous waste;

II. The generation area;

III. The annual quantity or volume generated, expressed in units of mass;

IV. The carrier data, collection center, treater, or final disposition site;

V. The annual volume or quantity of hazardous waste transferred, expressed in units of mass or volume;

VI. The particular handling conditions that would have been approved by the Secretariat, describing the amount or volume of the waste handled in this modality and the activities carried out, and

VII. In addition, it shall be described; the stabilisation method, the disposal cell and the results of the quality control.

In case large generators have temporarily stored hazardous waste at the same place of their generation, they shall report the type of storage, taking into account their isolation; the characteristics of the warehouse, on the spot, ventilation and lighting; the forms of storage, taking into account the type of container used; the annual quantity of waste stored, expressed in units of mass and the storage period, expressed in days.

The information presented in the above terms does not exempt large hazardous waste generators from filling other sections of the Annual Operation Edula, relating to information that they are required to provide to the company. Secretariat in accordance with other legal provisions applicable to the activities they carry out.

Where hazardous waste generators are not required by other legal provisions to provide information other than that described in this Article, they shall only fill in the section of the Cedula de Annual operation corresponding to the hazardous waste item.

The provisions of this Article are applicable for providers of hazardous waste management services, who shall also report such reports in accordance with the procedure laid down in the following Article.

When the generator you report is subcontracted by another person, you will indicate in the cedula the amount of hazardous waste generated, the activity for which you were contracted for the hazardous waste and the place of generation.

Article 73.-Reporting through the Annual Operation Edula will be subject to the following procedure:

(REFORMED, D. O. F. 31 OF OCTOBER 2014)

I. It shall be carried out within the period from 1 March to 30 June of each year, with the information relating to the period from 1 January to 31 December of the preceding year being reported;

II. They will be presented in printed, electronic or (sic) format through the electronic portal of the Secretariat or their Federal Delegations. The Secretariat shall make available to interested parties the formats referred to in this fraction for free reproduction;

III. The Secretariat shall have a period of 20 working days, counted from the receipt of the Annual Operation Bedroom, to review that the information contained is duly requisitioned and, if applicable, may require the generator to supplement, rectify, clarify or confirm such information within a period not exceeding 15 working days from its notification;

IV. After the requirement, the Annual Operation Edula will be presented and, as a result of the report, and

V. In the event that the generator does not remove the requirement referred to in the above fraction, the Annual Operation Edula shall be unfiled and, consequently, the report referred to in Article 46 of the Law shall not be rendered.

Article 74.-The report of the generators that, according to Article 57 of the Law, have chosen to recycle their waste within their own facilities, will describe:

I. Hazardous waste that is intended to be recycled, indicating type, characteristics and status in which it is located;

II. The processes or activities that generated hazardous waste, amount of generation, and unit of measure, and

III. The processes, methods or techniques of recycling proposed, including the balance of the recycling process and the corresponding flow diagram, detailing all the stages of the recycling process and specifying emissions, effluents and generation of waste.

Article 75.-The information and documentation that under the Law and this Regulation should be maintained for large and small hazardous waste generators and service providers for this type of waste subject to the following:

I. Large and small generators ' logbooks shall be kept for five years;

II. The generator and management service providers shall keep the manifest for a period of five years from the date on which they have each subscribed. Other than those of final disposal service providers, who shall retain the copy which corresponds to them in the manifest for the term of liability laid down in Article 82 of the Act;

III. The generator must keep records of the results of any test, analysis or other hazardous waste determinations for five years from the date on which the waste has been sent to the treatment or disposal site. final disposition, and

IV. Logbooks for the control of the remediation process of contaminated sites will be retained for the two years following the date of release of the site.

Article 76.-The Secretariat shall require financial or insurance guarantees considering the following:

I. Financial guarantees shall be proposed for the fulfilment of obligations arising from the authorisations granted for the provision of hazardous waste management services in terms of the sixth chapter of the Act, and

II. The insurance shall be proposed to provide certainty as to the repair of damage caused by the generation of hazardous waste, during the provision of services in this field and at the end of the provision, including damage caused by the contamination as well as site remediation.

When the performance of the service is met by the fulfilment of obligations arising from the authorisation with the need to ensure the repair of the damage that could be caused, both instruments may be proposed.

Article 77.-Who in accordance with the Law is obliged to submit an insurance and has already submitted it, in accordance with the provisions of Articles 35 or 147 Bis of the General Law of Ecological Balance and Protection of the Environment, and it is in force, shall comply with that obligation provided that the relevant application is referred to in the relevant application.

Dealing with the transport of hazardous waste the obligation will be met with the presentation of the copy of the policy of the current insurance that has been presented to the Secretariat of Communications and the Transports.

Financial guarantees, as referred to in Part I of the previous Article, may be presented in any of the following forms:

I. Bail granted by authorized institution, which shall not enjoy the benefits of order and excision;

II. Warranty trusts;

III. Joint and joint liability assumed by third party to check their suitability and solvency;

IV. Garment or mortgage, or

V. Securities or credit holdings of the person concerned, in the event of the failure to display any other financial collateral, which shall be accepted as the value for each case to be determined by the Secretariat in accordance with the criteria laid down in the Article 82 of the Law.

The Secretariat will monitor that the guarantees are sufficient both at the time of their acceptance and after and, if they are not, will require their extension. In no case can the guarantee be granted. Without prejudice to any other legal provisions.

The Secretariat shall establish the methodologies for the fixing of insurance amounts and guarantees, as provided for in Article 82 of the Law, by means of an Agreement to be published in the Official Journal of the Federation.

Article 78.-The person responsible for a final disposal facility for hazardous waste must provide insurance to cover the repair of damage that may be caused during the service and at the end of the service.

The insurance referred to in this article must be maintained for a period of twenty years after the closing of the cells or the installation as a whole, regardless of the bankruptcy or abandonment of the site.

The person responsible may accumulate the guarantees during the lifetime of the project to cover the total amount during the operation of the controlled confinement.

Article 79.-The responsibility for the management of hazardous waste, by the companies authorized for the provision of management services, will start from the moment they are delivered to them by the generator, which, they shall check that such residues are properly identified, classified, labelled or marked and packaged. The liability shall be terminated when the hazardous waste is delivered to the recipient of the next management stage and the recipient is subscribed to the relevant receipt manifest.

The information contained in the manifestos will be expressed in protest of the truth being told by the generator and the service providers involved in each of the management stages.

When the information contained in the manifest is false or inaccurate, and with this result an improper handling that causes damage to the environment or affects the safety of the people, it will be up to the one who provided the information about the damage caused.

Article 80.-Dealing with the public service of freight transport by rail, in cases where more than one railway undertaking is involved to transport hazardous waste, the person responsible for ensuring that such waste is they shall be properly identified, classified, labelled or marked and packaged, shall be the railway of origin, unless otherwise agreed and the latter is made of the knowledge of the Secretariat when applying for authorisation for the provision of the hazardous waste transport service.

In the case of companies authorized by the Secretariat to reuse, recycle, co-process, treat and incinerate hazardous waste, their responsibility concludes at the time they finish their respective processes and waste. dangerous are transformed into products or lose the characteristics of the hazard according to the corresponding Mexican official standard.

Article 81.-In order to comply with the provisions of the third paragraph of Article 42 of the Law, the Secretariat shall establish and operate a database containing information on companies authorized for the handling of waste. dangerous and will make it available to you through your electronic portal.

CHAPTER IV

Operation Criteria in Comprehensive Hazardous Waste Management

Section I

Hazardous waste storage and storage centers

Article 82.-The areas of storage of hazardous waste of small and large generators, as well as service providers, must comply with the following conditions, in addition to those laid down in the official rules Mexican for some particular type of waste:

I. Basic conditions for storage areas:

(a) Be separated from the areas of production, services, offices and storage of raw materials or finished products;

b) Being located in areas where risks from possible emissions, leaks, fires, explosions and floods are reduced;

(c) Contar with devices to contain potential spills, such as walls, containment pretiles or retention pits for the collection of liquid or leachate residues;

(d) When liquid waste is stored, it must be counted on its floors with slopes and, where appropriate, with trenches or flaps that lead to spills into the holding pits with a capacity to contain at least one fifth of the waste. of the stored waste or the volume of the largest container;

e) Contar with corridors that allow the transit of mechanical, electrical or manual equipment, as well as the movement of safety groups and firefighters, in cases of emergency;

f) Contar with fire extinguishing systems and safety equipment for emergency care, in accordance with the type and quantity of hazardous waste stored;

g) Contar with allusive signs and signs to the danger of hazardous waste stored, in visible places and forms;

(h) Storage should be carried out in identified containers considering the hazardous characteristics of the waste, as well as their incompatibility, preventing leakage, spills, emissions, explosions and fires, and

i) The maximum height of the stowage will be three drums vertically.

II. Conditions for storage in closed areas, in addition to those specified in section I of this article:

(a) There should be no connections with drains on the floor, drainage valves, expansion joints, masons or any other type of opening that could allow liquids to flow out of the protected area;

b) Walls must be constructed with non-flammable materials;

c) Contar with natural or forced ventilation. In cases of forced ventilation, you must have a receiving capacity of at least six air changes per hour;

d) Be covered and protected from weathering and, where appropriate, have sufficient ventilation to prevent the accumulation of hazardous vapours and with explosion-proof lighting, and

e) Do not exceed the installed capacity of the warehouse.

III. Conditions for storage in open areas, in addition to those specified in section I of this article:

(a) Be located at sites whose height is at least the result of applying a safety factor of 1.5; to the level of water reached in the largest storm recorded in the area,

(b) The floors must be smooth and of impermeable material in the area where the waste is stored, and of anti-derrapant material in the corridors. These must be resistant to stored hazardous waste;

c) In cases of unroofed open areas, hazardous waste should not be stored in bulk, when it produces leachate, and

d) In cases of unroofed areas, hazardous waste must be covered with some impermeable material to prevent its dispersion by wind.

In case of incompatibility of hazardous waste the necessary measures must be taken to avoid mixing with each other or with other materials.

Article 83.-The storage of hazardous waste by microgenerators will be performed according to the following:

I. In containers identified considering the hazardous characteristics of the waste, as well as their incompatibility, preventing leaks, spills, emissions, explosions and fires;

II. In places that prevent the transfer of pollutants to the environment and ensure the safety of persons in such a way as to prevent leaks or spills that may contaminate the soil, and

III. It will be subject to the provisions of the Mexican official rules establishing specific forecasts for micro-generation of hazardous waste.

Article 84.-Hazardous waste, once collected and packaged, must be referred to the warehouse where it cannot remain for a period of more than six months.

Section II

Hazardous Waste Collection and Transportation

Article 85.-Those who provide hazardous waste collection and transportation services must comply with the following:

I. Verify that the hazardous waste in question is properly labelled and identified and, where appropriate, packaged and packaged;

II. Have a contingency plan and equipment necessary to address any emergency caused by leaks, spills or accidents;

III. Count on trained personnel for the collection and transportation of hazardous waste;

IV. Ask the generator for the original of the manifest corresponding to the volume of hazardous waste to be transported, sign it and keep the two copies corresponding to it;

V. Observe the compatibility characteristics for the transport of hazardous waste, and

VI. Waste containing infectious agents which are in danger of danger shall not be transported together with any other hazardous waste.

Microgenerators that decide to transport hazardous waste to an approved collection centre in their own vehicles must clearly identify hazardous waste, packaging or packaging them in safe containers to avoid any type of spill. The shipment of hazardous waste shall not exceed, per journey and per generator, the 200 kilograms net weight or its equivalent in another unit of measure.

Article 86.-The procedure for carrying out the transport of hazardous waste shall be carried out as follows:

I. For each shipment of waste, the generator shall deliver to the carrier a manifest in original, duly signed and two copies thereof, at the time of delivery of the waste;

II. The carrier shall keep one of the copies delivered to him by the generator, for his file, and sign the original of the manifest, which he shall deliver to the consignee together with a copy thereof, at the time when the hazardous waste is delivered to him. for your treatment or final disposal;

III. The consignee of the hazardous waste shall keep the copy of the manifest delivered to him by the carrier, for his/her file, and sign the original, which must be sent immediately to the generator, and

IV. If, on the expiry of a period of 60 calendar days, counted from the date on which the handling services undertaking receives the hazardous waste for transport, it does not return the original of the manifest duly to the generator. signed by the consignee, the generator shall inform the Secretariat of this fact to the effect that such a dependency shall determine the measures that they have taken.

Section III

Reuse, Recycling, and Co-Processing

Article 87.-Packaging which has been in contact with hazardous materials or waste may be reused to contain the same type of hazardous materials or waste or other compatible with those originally packaged, provided that such packaging does not permit the release of the hazardous materials or waste contained therein.

Empty containers that contain agrochemicals or pesticides or their residues shall be subject to the criteria laid down in the management plans, in the corresponding Mexican official standard or other applicable legal provisions.

Article 88.-The Secretariat shall issue the official Mexican rules laying down the technical criteria and procedures for determining the incompatibility between a hazardous waste and other material or waste, for the purpose of avoid mixtures. As long as these Mexican official rules are not issued, the interested parties may carry out the corresponding analyses to determine such incompatibility in accordance with the Federal Law of Metrology and Standardisation.

Article 89.-For the use of hazardous waste as alternate fuels in direct or indirect heating combustion processes, the environmental criteria for the operation and maximum limits must be observed. permitted under the applicable Mexican official rules.

Section IV

Hazardous waste treatment

Article 90.-The hazardous waste treatment activities shall be subject to the criteria laid down in the Law, this Regulation and the official Mexican rules issued by the Secretariat.

Treatment service providers shall monitor the parameters of their processes and register them in the operating logbook to be available for consultation of the competent authority.

Microgenerators of waste containing infectious agents that are in danger of being in danger shall apply the forms of treatment they deem necessary to neutralise such waste and finally dispose of them.

Section V

Final disposal of hazardous waste

Article 91.-The final disposal of hazardous waste can be performed at:

I. Controlled confinement, and

II. Confinement in geologically stable formations.

Article 92.-In the selection of the site, design, construction and operation of the cells for controlled confinement, the following criteria must be observed:

I. The site's geological, geophysical, hydrological and hydrogeological features;

II. The type, quantity and characteristics of the waste to be confined;

III. The leaching of hazardous waste to be confined;

IV. The migration potential of contaminants in the soil, and

V. The impact and vulnerability associated with the activity.

The provisions of this article shall be observed in the official Mexican rules that are issued with respect to the selection of the site, design, construction and operation of the confinement cells.

Article 93.-Controlled confinements are classified:

I. By the facilities where the confinement is performed at:

a) Own, as at 66 of the Act, or

b) For the provision of services to third parties;

II. For your cells in:

(a) Monoresiduals, which receive a single type of residue, from a single generator;

b) Compatible Residuals, which receive only compatible waste, including those that come from similar production processes, or

c) Multiresiduals, which receive different types of waste.

Article 94.-The Secretariat shall determine, in the appropriate authorization, the minimum acceptable distances of the facilities or cells of final disposal of hazardous waste to the bodies of water, or, in respect of different facilities or works of existing industrial, commercial or service infrastructure, based on the results of the vulnerability study presented by the companies.

Article 95.-The location of controlled confinements must comply with the following provisions:

I. It should be located outside sites where conditions of mechanical or geological instability may affect the integrity of the confinement;

II. It should be located outside protected natural areas, except as provided by the declaratory of such areas, and

III. It should be located outside of flood zones calculated from return periods of one hundred years or more.

Article 96.-The design of a controlled confinement will consider at least the following aspects:

I. They may be superficial or below the natural level of the soil;

II. Buffer strips of at least 15 perimeter meters;

III. Retaining walls, if necessary;

IV. Perimeter drainage for stormwater, which must be calculated for a return period of one hundred years or greater;

V. Comparative monitoring system of groundwater quality downstream of the confinement;

VI. A lower protection system that ensures the integrity of the soil, subsoil and water bodies, the minimum requirements of which are set out in Article 98 of this Regulation;

VII. Surface cover to ensure that waste remains isolated from the environment and dry, and

VIII. Surface cover drainage system that ensures the removal of maximum possible precipitation efficiently.

When official Mexican standards are issued that regulate the design of the confinements, the design of the cells will be subject to the same.

Article 97.-The complementary works of a controlled containment of hazardous waste shall be designed to cover, inter alia, the following operating needs:

I. Control of access to confinement;

II. Control and attention to leaks and spills;

III. Identification, characterisation and weighing;

IV. Temporary storage;

V. Stabilisation and treatment;

VI. Movement and safe movement;

VII. Decontamination of transport, machinery and equipment, and

VIII. General support services for the operation.

The provisions of this article also apply to complementary works for confinements in geologically stable formations, including cavities in saline domes.

Article 98.-The characteristics necessary to prevent and reduce the possible migration of pollutants from waste outside the cells shall be established on the basis of the classification provided for in this Section, without prejudice of the specifications contained in the official Mexican rules which for this purpose are issued:

I. Monoresidual confinements for the facilities themselves shall have at least one inert and impermeable and mechanically stable mineral insulation base, according to the soil characteristics, with the thickness sufficient to retain the leachate from the waste to be deposited.

In case the previously treated residues contain a stabilized toxic constituent, it will be required in addition to an additional layer of mineral insulation bonded by a geotextile or synthetic insulation membrane, provided that the results of the vulnerability study need to be clarified;

II. The containment of compatible waste for the facilities themselves or for the provision of services to third parties shall include at least:

(a) An inert and impermeable mineral insulation base divided into two layers with sufficient thickness to retain the leachate from the waste to be deposited, joined together by a geotextile material;

(b) An additional layer of mineral insulation joined by a geotextile or synthetic insulation membrane, in case the vulnerability study so requires;

c) A layer of synthetic insulation, in case the previously treated residues contain any stabilized toxic constituents;

d) A drainage system for the collection of leachate and gas monitoring wells and leachate, and

e) A system for the treatment of leachate and, where appropriate, gases;

III. Multi-residual confinements for the provision of services to third parties shall include at least:

(a) An inert and impermeable mineral insulation base divided into two compacted layers with sufficient thickness to retain the leachate from the waste to be deposited, joined together by a geotextile material;

b) Synthetic coating systems for both the base and the top cover;

c) drainage systems for the collection of leachate, gas monitoring wells, leachate and groundwater, and

d) A system for the treatment of leachate and gas.

Article 99.-The operation of a controlled confinement shall be subject to the following provisions:

I. Observe the corresponding security measures at all times;

II. Consider compatibility characteristics when hazardous waste is distributed in cells, as well as a record of the distribution of the waste in the cell;

III. Hazardous waste shall be confined in bulk;

IV. Hazardous waste must be placed in layers to provide mechanical stability and load capacity;

V. By way of derogation, packaging may be used where the mechanical and chemical resistance, the height of the stowage and its stability, as well as the fillers and compaction to be applied, are technically justified in the application for authorisation. In these cases, a separate working front for the packaging of packaged waste and a different one for the deposit of the bulk waste should be operated separately. The confluence of both fronts must be clearly delimited and separated by a barrier;

VI. There must be sufficient space to ensure the access and manoeuvres of the equipment necessary to mobilise and distribute the waste;

VII. Where there is evidence of a structural failure in the cell, the operation of the cell must be suspended and the appropriate corrective measures taken, which may include the permanent closure of the cell;

VIII. Leachate should be extracted from time to time, characterised and properly treated in specific facilities;

IX. Residues resulting from the treatment of leachate as referred to in the previous fraction should be confined;

X. In the case where gases are generated in the confinement cell, they should be directed towards the treatment system of the same;

XI. Static and dynamic loads resulting from cell operation must not exceed the load capacity of the cell, and

XII. During the operation of the confinement cells it is necessary to isolate the working front of the rainwater and to dislodge the accumulated water at the base of the confinement cell.

Article 100.-The location of confinements in geologically stable formations must comply with the following:

I. They should be located outside sites where conditions of mechanical or geological instability may affect the integrity of the confinement, and

II. They should be located outside of the protected natural areas, except as provided by the declaratory of these areas.

Article 101.-The construction characteristics and the distances associated with the geologically stable formations must be such that they guarantee the mechanical stability of the cavity, the correct operation in the cavity and the null migration of waste from the cavity, according to the corresponding Mexican official standard or a site vulnerability study in accordance with Article 49 of the Federal Law on Metrology and Standardisation.

Article 102.-The superficial works of the confinements in geologically stable formations must be designed and constructed subject to the criteria laid down in Article 96 of this Regulation, as well as in the specifications provided for in Mexican official standards.

The evaluation of the confinement facilities will be performed at the end of the construction of the facility and before starting with the operation, for which tests must be carried out to confirm the mechanical integrity, stability and final volume of confinement.

Article 103.-The operation of a confinement in geologically stable formations in its mode of saline domes should be subject to the provisions of Article 99, fraction I of this Regulation, in addition to the following:

I. The means of injection of waste into the cavities can be of two types: wet or dry track;

II. Hazardous waste contaminated with compatible hydrocarbons with each other, previously conditioned without mixing with other residues, must be injected wet;

III. Hazardous wastes not contaminated with hydrocarbons that are compatible with each other, previously treated, must be injected dry;

IV. Continuous monitoring of operations must be performed;

V. The amount of waste entered into the cavity should be recorded, and

VI. Suspend the operation of the confinement, where there is evidence of a structural failure in the injection well and carry out the relevant corrective measures, which could include the permanent closure of the confinement.

The discharge, spillage, discharge, deposition and injection of brine or materials extracted from saline domes during the formation of the cavity in bodies of water, soil and subsoil shall be subject to the provisions of the provisions applicable legal.

The brine can only be stored during the confinement operation.

Article 104.-To close the confinement in geologically stable formations in its mode of saline domes the well must be sealed, as well as to remove the injection equipment and the residues of any type found in the surface; likewise, it shall be subject to the provisions of the Law, this Regulation and Mexican official rules.

Article 105.-In accordance with the provisions of Article 67 (III) of the Law, persistent organic compounds, including polychlorinated biphenyls, as well as residues containing them, may not be disposed of in controlled confinements or any other site if they contain concentrations equal to or greater than fifty parts per million.

Persistent organic compounds including polychlorinated biphenyls, organohalogenated as organofluorides, as well as residues containing them, may only be decontaminated, treated or disposed of in accordance with the corresponding Mexican official standards, among others, under any of the following processes:

I. Liquid-liquid; extraction;

II. Retrolled;

III. Catalytic chemicals;

IV. Incineration, and

V. Gasification, plasma or pyrolysis.

In any case, it will be indispensable to obtain the authorization to operate the aforementioned processes, the execution of a test protocol.

Article 106.-For the purposes of Article 67, fractions VII and VIII, of the Act, it is understood by:

I. Floor covering: the action of placing layers or films of hazardous waste or mixture thereof on the outer surface of a floor in order to cover, protect, isolate, cover or cover it, and

II. Hazardous waste dilution: the action of adding a particular material or residue to a hazardous waste, with the specific purpose of reducing the concentration of one or more pollutants.

TITLE FIFTH

IMPORTING AND EXPORTING HAZARDOUS WASTE

CHAPTER I

General Provisions

Article 107.-Without prejudice to the completion of customs formalities and the authorizations to be granted to other agencies for the import and export of hazardous waste, it is necessary to authorization of the Secretariat, which is empowered to intervene, in coordination with the customs authorities, in the tax and tax areas, seaports and air ports, railway terminals and, in general, in any part of the national territory, in order to control the hazardous waste imported or to to be exported, as well as to dictate and implement the appropriate safety measures, aimed at preventing pollution of the environment and the deterioration of ecosystems.

Article 108.-Those interested in obtaining authorization from the Secretariat for the import or export of hazardous waste shall submit an application by means of the format of the manifest for the import or export of waste dangerous for such an effect to be issued, such request shall contain the following information:

I. General generator or generator data: name, corporate tax address and federal taxpayer register;

II. Name, address, telephone and e-mail of the legal representative of the generating company;

III. Designation of the hazardous waste and the place where hazardous waste is located;

IV. In case of export, general information of the exporter: name, name or social reason and name of the legal representative, address, telephone, and e-mail;

V. In case of import, general information of the importer: name, name or social reason and name of the legal representative, address, telephone and e-mail;

VI. Mexican customs of exit or entry;

VII. Recipient's data: company name, tax address, telephone and e-mail; name of legal representative, address, telephone;

VIII. Process to which the residue is to be submitted;

IX. Physical characteristics of the hazardous waste by pointing color, odor, physical state to twenty-one degrees Celsius, free liquids in percent volume, potential hydrogen, specific gravity and flame point, as appropriate;

X. Chemical composition in percentage of mass indicating total sum up to one hundred percent;

XI. Hazardous characteristics of the residue, metals or other components according to the parameters established in the corresponding Mexican official standard, as appropriate;

XII. Information about the handling precautions to be given to the hazardous waste;

XIII. Shipping information: name of the carrier authorised and number of authorisation, type of container, quantity of solid and liquid, total quantity of the residue to be imported or exported expressed in units of mass, and

XIV. Name and signature of the importer, exporter or his legal representative.

In order to obtain consent for the transit through the national territory of hazardous waste from abroad and to a third State, the application shall be submitted by means of the Export Notification established in International Conventions in which Mexico is a party, attaching the general data of the applicant and the approval number of the carrier that will carry out the transport on national territory.

In maritime transit, in addition to the Export Notification, a commitment letter must be delivered where it is specified that the hazardous waste will not be landed for any reason on Mexican territory.

Article 109.-To obtain authorization for the import or export of hazardous waste samples for the purpose of carrying out: physical or chemical analysis, investigation or testing in waste management processes hazardous, the applicant shall be sufficient to provide the following information in writing:

I. The name, tax address, federal register of taxpayers, telephone, fax and e-mail of the applicant;

II. The name of the hazardous waste, hazard characteristics and chemical composition;

III. The quantity of the hazardous waste expressed in kilograms or its equivalent in another unit of measurement and the technical justification for importing or exporting that quantity;

IV. The description of the use of the hazardous waste sample, and

V. The name of the hazardous waste user company and the location of the installation where the sample will be used.

Article 110.-The Secretariat shall resolve the application for authorization to import or transit hazardous waste within 20 working days from the day following the filing of the application. Subsequent authorisations, in the case of the same type of hazardous waste and consignee, shall be issued within 10 working days from the day following the date of entry of the application.

In the case of the export of hazardous waste, the Secretariat shall resolve the authorization within 10 working days after the receipt of the express consent of the receiving country in writing.

In the case of the import or export of hazardous waste samples, the Secretariat shall resolve the authorization within twenty working days after receipt of the request.

In transit consent, response shall be issued according to the applicable international instrument.

Article 111.-The authorization granted by the Secretariat for the import and export of hazardous waste shall be in effect from its granting and, in the latter case until the written consent of the country has been completed the recipient of hazardous waste. In the case of countries receiving hazardous waste which are not part of the international conventions requiring the written consent referred to above, the validity of the authorisations shall be six months from their granting.

The Secretariat may authorise the importer or exporter to make a general application to cover multiple shipments of hazardous waste for up to one year. Such authorisation shall be carried out where the hazardous waste has the same physical and chemical characteristics, is sent to the same service provider or consignee by the same customs entry and exit from the State of export, by the same customs entry and exit from the State of import. Their expedition will be subject to the written consent of the countries involved, including their validity; the amounts of waste they have consented to; as well as the validity and coverage of the corresponding insurance.

Transit consent will be granted for up to one year.

Article 112.-Extensions to import and export authorisations shall apply for the only time with a period of 60 calendar days, where it is not possible to mobilise the hazardous waste within the authorised time limits, for reasons not attributable to the importer or exporter. In this regard, it is sufficient for the applicant to submit a duly signed written notice indicating the number of authorisation, the justification for the authorisation and the express expression that the insurance covered by the authorisation has the duration to cover the sixty working days of extension.

The request for an extension must be submitted with ten working days in advance of the expiration date of the authorization.

In case the recipient country's insurance or consent does not have the validity to cover the extension period, the notice will be held for failure to be filed, which will be made from the knowledge of the inspector.

Article 113.-Any change in the import or export authorization must be requested from the Secretariat and the original of the same for cancellation and the documents required to make the changes. from.

Article 114.-During transit operations, the consent of the Secretariat and the consent of the receiving country must be displayed to the corresponding authorities at the customs office of entry and exit of the national territory. Once the operations have been completed, the Secretariat of the movements made must be notified.

The respective return operation must be notified to the Secretariat in the corresponding format, within the fifteen calendar days following the date on which it was made, by attaching a simple copy of the respective export pediments.

Once the validity of the respective import or export authorizations has been completed, notice must be given to the Secretariat of the movements made, within thirty calendar days of the date on which they are have performed, by means of the form of report of use of authorization that the effect is issued, accompanied by a simple copy of the corresponding import or export pediments.

In the case of export, the copy of the movement document must also be delivered in the duly required formats established by the international treaties of which Mexico is a party, as appropriate, signed by the (a) a destination company, where it is established that the waste management operations were carried out in the country of destination, except where the residue is not dangerous in that country. In the case of the export of persistent organic compounds and organohalogenated organic compounds, the copy of the certificates of destruction of these wastes shall be submitted to the Secretariat.

CHAPTER II

Import

Article 115.-For the import of hazardous waste, to the manifest referred to in Article 108, the following documents shall be annexed:

I. Copy of the reuse or recycling authorisation granted in favour of the applicant, and

II. Current insurance policy or guarantee, by the applicant of the import authorization, in the terms of Article 89 of the Law.

To authorize subsequent applications for the import of the same type of hazardous waste and to the same target installation, it shall only annex to its manifest, the document referred to in section II of the present an article, as well as a copy of the constancy with which you have provided proof of the use of the prior authorization.

Article 116.-In the case of other wastes that do not have hazardous characteristics and whose importation is provided for in international treaties, the authorization will be granted for recycling or co-processing, without (a) to comply with the requirements laid down in the Law, the Regulation and other applicable provisions. Similarly, it will be avoided to discourage or constitute an obstacle to the reuse or recycling of waste generated in national territory.

The authorization request will be appended:

I. Proof of domicile of the target company;

II. Description of the recycling or co-processing process to which the waste will be subjected, including the technical specifications of the residue to be imported, containing a hundred percent composition and the mass balance of the process, and

III. Insurance policy or guarantee by the applicant for the import authorization.

Article 117.-The import of hazardous waste for reuse or recycling shall be subject to the following conditions:

I. The recipient must be the importer and must be authorized for reuse or recycling by the Secretariat;

II. The amount of hazardous waste that will be allowed to be imported, has the maximum limit of the annual reuse or recycling capacity that is indicated in the corresponding authorization of the company, and

III. The quantity generated from waste from reuse or recycling shall be less than the quantity imported from hazardous waste, in any case such waste shall be subject to the establishment of the competent authorities in the material.

Article 118.-For the purposes of Article 92 of the Law, it is considered that a hazardous waste has entered the country illegally when the generator, service provider or holder does not have the documentation that the origin of the same and the entry permit to the country or where any authority, in exercise of its powers, carries out inspection or verification at airports, ports and borders and identifies this.

CHAPTER III

Export

Article 119.-For the export of hazardous waste, to the manifest referred to in Article 108, the following documents shall be annexed:

I. Proof of domicile of the exporter;

II. Copy of the authorisation for the site management of persistent organic compounds and organohalogenated compounds in favour of the applicant or the identification data of that document;

III. Document containing the detailed description of the actions, measures, works, equipment, instruments or materials to be used to control environmental contingencies due to uncontrolled emissions, leaks, spills, explosions or fires which may be present in all operations performed by the undertaking during the loading, transit, unloading and in the event of a disaster;

IV. Format for the export and movement notification of the Organisation for Economic Cooperation and Development of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal or those which establish international treaties to which Mexico is a party;

V. Letter of acceptance of hazardous waste by the target company in the importing country, and

VI. Insurance policy or guarantee by the applicant for the export authorization, in the terms of Article 89 of the Law.

When the holder of an export authorisation submits subsequent applications for the export of the same type of hazardous waste and to the same destination, it shall only annex to the manifest the document referred to in the Section VI of this Article, the constancy with which I accredit having given the report of the use of the previous authorization. Updating the information presented in the first time application will be the responsibility of the applicant.

Article 120. Only authorization to export persistent organic compounds and organohalogenated organic compounds will be granted to companies providing services that are authorized by the Secretariat for on-site management, including the conditioning and transfer of these.

A generator can export its persistent and organohalogenated organic compounds using the site management services of a company authorized by the Secretariat.

In the case of export of persistent organic compounds and organohalogenated organic compounds, the data subject shall notify by writing at least three working days in advance at the beginning of the mobilisation of the waste to the authority. verifying the entities involved in the movement. The notice will describe:

I. The date on which the hazardous waste leaves the site where it is stored for the point of departure from the national territory;

II. The date on which such waste is shipped and the date of departure from the national territory, and

III. The probable date of arrival in the importing country and the one that is foreseen for its reception in the handling facilities in the importing country.

CHAPTER IV

Return

Article 121.-Persons who in terms of the provisions of Article 93 of the Law import products, equipment, machinery or any other input under the temporary importation procedure to be remanufactured, recycled or reprocessed and which generate hazardous waste by means of such processes, the waste shall be returned to the country of origin of the inputs within the time limit laid down in the temporary import authorisation or, failing that, within a period of not more than one hundred Eighty days natural days counted from its generation, according to the the procedure laid down in this Chapter.

If the hazardous waste generated is susceptible to recycling and there is the infrastructure installed in the country, these can be recycled within the facilities where they were generated or through the service companies. authorised by the Secretariat, in this case, shall be registered as a generator and subject to the applicable provisions.

Article 122.-Industries which, as referred to in Article 94 of the Law, use inputs subject to the temporary import regime to produce export goods, shall be required to submit to the Secretariat the notice of imported materials in the format that the effect of the issue, indicating their volume and characteristics of danger, as well as the volumes and characteristics of the hazardous waste generated from them.

The volumes and characteristics of hazardous waste will be reported at the time of return or recycling notice, as appropriate.

Article 123.-The persons referred to in Article 121 of this Regulation who determine to return their waste for the first time shall submit to the Secretariat the return notice for each hazardous waste sent to the country of origin of the inputs, in the format that for this purpose is issued, this warning shall contain the following information:

I. Generator information: Name, name or social reason, industrial change, installation address, telephone, e-mail, name and signature of the legal representative;

II. Information from the recipient of hazardous waste: Name, name or social reason, address of the installation, telephone, industrial change, identification code of the hazardous waste in the country of origin of the inputs and name of the legal representative;

III. Name, name or social reason of the service undertaking making the return and its authorisation number, telephone, e-mail and name of the legal representative;

IV. Residue information containing description, quantity of residue, type, hazard characteristics, classification number of the residue contained in the official Mexican standard and identification code of the hazardous waste in the country of origin of the inputs;

V. Information about the handling precautions to be given to the hazardous waste, and

VI. Shipping information: customs office of departure, number of the hazardous waste manifest of the environmental authority of the country of origin of the inputs, name, social reason of the undertaking, number of authorization granted by the Secretariat, the container type of the waste and capacity, as well as the physical state in which the waste is transported.

Article 124.-The notice referred to in the preceding article will be appended to the following documentation:

I. Proof of domicile, and

II. Authorization of the Secretariat of the Economy to the program for such an issue.

These documents will be appended to the originals for collation, which will be returned at the time of filing.

In the event that a service company makes the return of hazardous waste generated by different companies, the company must present the relevant documents for each of the company's waste, specifying the data from the generating company.

Once the notice has been submitted to the Secretariat, the data subject shall make the return of the hazardous waste within 10 working days of its submission.

The respective return operation must be notified to the Secretariat in the corresponding format, within the fifteen calendar days following the date on which it was made, by annexing the export orders. respective.

For subsequent warnings, only the return notice will be presented. Updating the information presented in the first time notice will be the responsibility of the applicant.

Article 125.-The industries referred to in Article 94 of the Act shall have insurance or security under the terms of Article 89 thereof.

The service provider's insurance that is contracted for movement will be recognized as valid.

TITLE SIXTH

REMEDIATION OF CONTAMINATED SITES

CHAPTER I

Common Provisions

Article 126.-Those who transfer to third parties the properties that would have been contaminated by hazardous materials must inform those who transmit to them the ownership or possession of such property, in the terms provided for in the Second paragraph of Article 71 of the Law; this report shall be recorded in the instrument in which the transmission is formalized.

Article 127.-Those who transfer or acquire ownership of sites contaminated with hazardous waste, as provided for in Article 71 of the Law, must have express authorization from the Secretariat. For this purpose, they shall submit the application in the format that the effect is issued, which shall contain:

I. Name, name or business name and address of the person in office and of the acquirer;

II. Site location data, describing its existing colindances, constructs, and infrastructure, and

III. Express determination of the remediation officer.

The request will be appended to the letter of the acquirer in which you specify that you were informed of the contamination of the site.

The authorization of the Secretariat does not prevent the execution of acts of commerce or civil law, it only has the effect to define to whom it is appropriate to carry out the actions of remediation of the transferred site.

Article 128.-In the event that a transfer is made prior to the remediation or at the end of the remediation and there is no express agreement with respect to who is responsible for carrying out or concluding such a remediation, the carry out or conclude it to the person who is the site of the site.

The legal instrument through which the transfer of the property is perfected must contain the statement of the enajenante on the contamination that in this case has the site that is transferred. The above, without prejudice to the liability that is appropriate for the remediation of the same.

Article 129.-When there are spills, infiltrations, accidental discharges or discharges of hazardous materials or hazardous wastes that do not exceed a cubic meter, the generators or managers of the respective management stage, They must immediately apply actions to minimize or limit their dispersion or collect them and perform the cleaning of the site and write it in their logbooks. Such actions shall be covered by their respective programmes for the prevention and attention of contingencies or environmental emergencies or accidents.

The provisions of this Article do not apply in the case of spills, infiltrations, discharges or accidental discharges caused during the transport of hazardous materials or waste.

Article 130.-When, by chance or force majeure, spills, infiltrations, discharges or discharges of hazardous materials or hazardous waste occur, in quantity greater than that indicated in the previous article, during any of the operations comprising its integral handling, the responsible for the hazardous material or the hazardous waste generator and, where appropriate, the undertaking providing the service shall:

I. Execute immediate measures to contain the released materials or waste, minimize or limit their dispersion or collect them and perform site cleanup;

II. Immediately notify the Attorney General's Office and the competent authorities that the spill, infiltration, discharge or discharge of hazardous materials or hazardous waste occurred;

III. Implement the measures that have been imposed by the competent authorities as provided for in Article 72 of the Law, and

IV. If appropriate, start the contaminated site characterization work and perform the corresponding remediation actions.

Article 131.-The notice referred to in Part II of the foregoing Article shall be formalized within three working days following the day on which the facts have occurred and shall contain:

I. Name and address of the person who gave the notice or name of the generator or service provider and the number of his registration or authorisation granted by the Secretariat;

II. Location and features of the site where the accident occurred;

III. Causes that led to accidental spillage, infiltration, discharge, or discharge;

IV. Precise description of the physicochemical and toxicological characteristics, as well as the quantity of hazardous materials or hazardous waste spilled, infiltrated, discharged or discharged, and

V. Measures taken for containment.

CHAPTER II

Remediation Programs

Section I

General provisions

Article 132.-Remediation programs will be formulated when a site derived from an emergency is contaminated or an environmental liability exists.

There is an emergency for the purposes of this Chapter when the contamination of the site derives from an unwanted or unexpected circumstance or event, which occurs suddenly and which results in uncontrolled release, fire or explosion of one or more hazardous materials or hazardous waste affecting human health or the environment immediately.

It is considered environmental liability to those sites contaminated by the release of hazardous materials or waste, which were not remediated in a timely manner to prevent the dispersal of pollutants, but which imply an obligation to remediation. This definition includes pollution generated by an emergency that has environmental effects.

Article 133.-In the preparation of the remediation program, the data subject may determine the remediation actions that will be integrated into the corresponding proposal, based on the established Mexican official standards. applicable or, in the absence of such, the levels of remediation to be determined on the basis of the environmental risk assessment carried out.

Article 134.-The remediation programs, as appropriate, are integrated with:

I. Characterization studies;

II. Environmental risk assessment studies;

III. Historical research, and

IV. The remediation proposals.

The remediation programs will be developed on the basis of the characterization study and, where appropriate, the environmental risk assessment. Historical research will also be considered in the elaboration of remediation programs for environmental liabilities.

These investigations will aim to establish the activities that cause the environmental damage carried out on the contaminated site, the events that led to the contamination of the soil, the subsoil and the water tables, the geo-hydrological conditions that prevailed on the site, based on documentary information, as well as the relationship of those who have been possessors and the uses that have had the predium or prediums in which the site is located contaminated.

Article 135.-When dealing with emergencies, remediation programs for sites contaminated with hazardous materials or hazardous waste will include the general data of the responsible for the contamination, including its activity, the data of the technical officer of the remediation, the place and date of the emergency and the results of the characterization studies.

The following documents will be integrated into these programs:

I. Drawings of the site on a scale such that it allows to appreciate the information required, georeferenced with UTM coordinates and geographical orientation, where topography, surface water bodies, bridges and access roads, the damaged areas of the soil and sampling points, with the same names as indicated in the results of the analytical determinations of the pollutant;

II. Evidence of the chain of custody of the samples;

III. Isometric levels of concentrations and migration of the pollutant in soil and subsoil;

IV. Photo memory of the site;

V. The characterization study, and

VI. The remediation proposal.

The documentation described in the above fractions may be submitted to the Secretariat in parallel with the actions contained in the proposed remediation of the site.

Article 136.-In the case of environmental liabilities, the respective remediation programs shall include the information and documentation required in the previous article and shall annex the following:

I. The plans of facilities, waste deposits, hazardous materials and pollutants existing on the site, highlighting the ways, paths and services;

II. The site plans georeferenced in UTM coordinates at an appropriate scale that show the contaminated areas above the limits of concentration of contaminants established in the official Mexican norms or those determined by an environmental risk assessment, and

III. The study and results of environmental risk assessment, if any.

Section II

Technical Manager

Article 137.-The remediation programs, as well as the characterization and environmental risk studies, may be carried out by the person responsible for the contamination or environmental damage directly or through the responsible technicians that you designate.

The technical officers referred to in the preceding paragraph may be:

I. Higher education institutions with expertise in the field;

II. Service providers for the treatment of authorised contaminated soils, or

III. Another person, provided that the person responsible annexed to the respective remediation program documentation certifying professional training and experience in the remeasurement of sites contaminated by hazardous materials or hazardous waste.

Those responsible for pollution or environmental damage who appoint as technical officer the persons referred to in fractions I or III of this Article shall provide sufficient insurance or guarantee to cover the damage which could be generated during the execution of the corresponding remediation actions.

Section III

Characterization studies

Article 138.-The characterization study will contain:

I. The location, description and current use of the contaminated site, including the bodies of water that exist at the site and whether the water authority was informed of any damage to them;

II. The type of contaminant and approximate amount of release to the environment;

III. The damaged floor area and volume;

IV. The sampling plan to provide for official Mexican standards;

V. The results of the analytical determinations of the pollutants in the soil samples and, where appropriate, the results of the chemical analysis and tests, as well as the physical, biological and mechanical tests performed on them, showing the surface or depth values as required, and

VI. The photographic memory of the jobs performed.

In the event that there is no accredited laboratory to perform the analyses indicated in the V fraction of this article, it will be performed by the laboratory that chooses the remediation program manager, in terms of established in the Federal Law on Metrology and Standardisation.

Article 139.-When dealing with environmental liabilities, the characterization study shall contain, in addition to the information mentioned in the previous article, the following:

I. The description of the methodology to be applied for each type of field or laboratory test;

II. The description of geological, geo-hydrological and hydrological conditions, based on the results obtained in field sampling and testing;

III. The description of the climatic and physical conditions affecting the behaviour of the pollutants, and

IV. The determination of the distribution and behavior of contaminants in soil, subsoil, and aquifers based on the results obtained.

Section III (sic)

Environmental risk assessment studies

Article 140.-Environmental risk studies are intended to define whether existing contamination at a site poses a risk to both the environment and human health, as well as the levels of remediation. site-specific depending on the acceptable risk.

Article 141.-Environmental risk assessment studies shall be carried out on the basis of the following information:

I. The definition of the problem based on the assessment of the information contained in the characterization studies and the relevant historical investigations;

II. The determination of the pollutants or critical components for the ecosystems and resources to be protected and with which the risk assessment shall be carried out;

III. The determination of the site-specific factors that influence the exposure and dispersion of contaminants;

IV. The substantiated determination of the mobility of contaminants in the soil and of the protection and retention functions of the soil;

V. The determination of the exposure points;

VI. The determination of present and future, complete and incomplete routes and routes of exposure;

VII. The categorization of the routes and routes of exposure for which the risk will be assessed;

VIII. The determination of ecosystem components, including target organisms of special interest or productive organisms resident on the site;

IX. The determination of the toxicity and exposure of contaminants to ecosystem components, including target organisms of special interest or to site-resident productive organisms and assessment of the effects;

X. The description of the assumptions made throughout the calculations made and the limitations and uncertainties of the data on which the risk assessment is based, and the total characterization of the risk, understanding it as the conclusion of the evaluation of the above information, and

XI. The graphical representation of the information noted in the above fractions as a total exposure hypothesis.

For the determination referred to in paragraph IX of this Article, the internationally accepted toxicological profiles may be used.

Article 142.-When the recipient of the contamination is the human population, the risk assessment studies shall also consider the following information:

I. The determination of the different population groups receiving and the most vulnerable population group;

II. The determination of the reference dose values for non-carcinogenic critical components and for the factors of cancer pending for critical cancer components and the corresponding calculation memory;

III. The calculation of the total exposure for the most vulnerable population groups present for the different routes and routes of exposure;

IV. The determination of carcinogenic and non-carcinogenic risk and the corresponding calculation memory;

V. The description of the possible consequences or adverse effects on human health and the environment of the assessed risks arising from the presence of the pollutants;

VI. The determination of site-specific remediation levels based on the results obtained according to section IV of this article, and

VII. The description of the assumptions made throughout the calculations made and of the limitations and uncertainties of the data on which the risk assessment is based on human health, and the total characterization of the risk, understanding this as the conclusion of the assessment of the information contained in this Article.

For the determination referred to in Part II of this Article, the internationally accepted toxicological profiles may be used.

Section V

Remediation proposals

Article 143.-The remediation proposals for environmental emergencies and liabilities will be integrated into the remediation program and contain:

I. The remediation techniques or processes to be applied, specifying the sampling methods to be applied;

II. The data of the technical managers of the remediation;

III. The description of the equipment to be used, the control parameters of the equipment, the list and safety sheets of inputs and constancy of laboratory, manufacturer or formulator on the non-pathogenicity of micro-organisms when used;

IV. The maximum concentrations, levels, or limits to be established in the official Mexican standards or the specific remediation levels to be reached at the contaminated site according to the relevant risk assessment study;

V. The description of the remediation actions based on the proposed levels according to the previous fraction;

VI. The monitoring plan at the site;

VII. The calendarised program of activities to be performed;

VIII. Future use of the remediated site;

IX. The plan to evacuate urban solid waste, construction waste, special handling waste and hazardous waste present on the site in the case of environmental liabilities, and

X. The monitoring plan of the recipients identified in the environmental risk assessment study, in case of environmental liabilities.

Article 144.-The Secretariat will evaluate and approve the remediation proposal within sixty business days according to the following procedure:

I. The authority shall review the application and the documents submitted and, where appropriate, provide the person concerned only within the first third of the deadline for the completion of the missing information, which shall be submitted within a similar period, from the date on which the notification takes effect;

II. After the deadline without the prevention of the prevention, the procedure will be discarded, or

III. The Secretariat shall resume and have to resolve within the term set out in this Article the prevention of the prevention indicated by the section I.

When the Secretariat requires additional information, the appropriate order will interrupt the deadline.

Article 145.-When the remediation program indicates to the human population as recipients of the contamination, the Secretariat, within a period of no more than ten working days, will forward the proposed remediation to the Health Secretariat. including the information referred to in Articles 136, 138 fractions I and II, 141 and 142 of this Regulation.

The Health Secretariat will have a period of twenty working days to issue its technical opinion for the case of emergencies.

With regard to environmental liabilities, the Health Secretariat shall have a period of 30 working days from the date on which the said dependency receives the information referred to in the first paragraph of this Article.

The Secretariat of Health may refrain from formulating an express response to the Secretariat, in such a case it will be within the provisions of the second paragraph of Article 55 of the Federal Law of Administrative Procedure.

The technical opinion to be issued by the Health Secretariat will exclusively refer to the human population as a recipient of contamination of the site.

Article 146.-When dealing with emergencies, the Secretariat will evaluate the remediation proposal and resolve within the thirty-working term.

Article 147.-In the case of emergencies, if the remediation officers execute the respective program through authorized contaminated soil treatment service providers, the Secretariat will evaluate the remediation proposals within the term of fifteen business days.

CHAPTER III

Remediation procedure

Article 148.-When at the time of emergency containment measures of the released hazardous materials or waste are applied, it will not be permitted:

I. The washing of soils on the site by means of hydraulic devices without devices for control, storage and treatment of the leachate and water streams generated;

II. The mixture of soil contaminated with uncontaminated soils for dilution purposes;

III. The removal or removal of contaminated soils and hazardous waste contained therein without a control of the dust emission, and

IV. The application at the site of chemical oxidants.

Article 149.-In the execution of the remediation programs of sites contaminated by emergencies or environmental liabilities, the following criteria will be observed:

I. If contaminated soils are removed during treatment processes, they shall be stored and handled in places or surfaces, in such a way as to avoid leaching and filtration of contaminants in soils;

II. Where the remediation actions are carried out at the site of the contamination, a leachate collection system must be provided and no processing or treatment measure shall be applied in which agent solutions are involved. chemicals or biologics that transfer pollutants from one medium to another in an uncontrolled manner;

III. Where methods or techniques that release vapours are used in remediation actions, the corresponding collection system shall be counted;

IV. The dust and gases emitted as a result of thermal treatments in the remediation shall not exceed the concentrations, levels or maximum permissible limits indicated in the official Mexican standards. In the case of emissions of toxic gases that are not established in the official Mexican standards, the Secretariat shall determine what is conducive;

V. The final disposal of treated soils which have complied with the concentrations, levels, limits or cleaning parameters laid down in the applicable regulations may be carried out on the sites which have been agreed by common agreement. establish between the competent authority and the responsible authority;

VI. In case the contaminated soil has been excavated for confinement, the site must be filled with material similar to that of the locality and according to the topography of the site;

VII. When the contaminated soil is to be excavated or removed to perform the remediation actions, it shall not be left uncontaminated at the site in accordance with the limits, levels or concentrations laid down in the proposal remediation, and

VIII. The addition of micro-organisms to the soil shall be carried out only when their need and effectiveness have been proven in the field.

The soils will be considered to be treated on one side of the site, when treatment is performed on an area adjacent to the contaminated site or on an area within the contaminated site, upon removal of the soil and materials similar to the site. soils.

They will be soils treated outside of the site, when soil and materials like contaminated soils are removed to a place outside of the place where they are located, for treatment in authorized fixed installations.

These are materials similar to soils, all of which, due to their mechanical, physical and chemical properties, present similarities with contaminated soils, such as sludge from prey, sludge and carcase sediments, storage, among others.

Item 150.-For control of the remediation process the following will be observed:

I. The frequency of sampling for the verification of the progress of the remediation at the site shall be representative and based on the remediation proposal;

II. For verification of remediation progress, either side or off-site, sampling will be performed as proposed in the sampling plan contained in the remediation proposal, and

III. A final verification sample of the concentrations, levels, limits or parameters identified in the applicable Mexican official standards or the levels of remediation determined on the basis of the assessment shall be made. of the environmental risk study indicating the remediation proposal, as the case may be; both the final sampling and the analysis must be carried out by laboratories accredited by the approved accreditation body and approved by the Secretariat and having regard to the provisions of the last paragraph of Article 138 of this Regulation.

Article 151.-The interested parties will notify the Secretariat in writing that they have concluded the remediation program and will annex the results of the final verification sampling indicated in the previous article, requesting the cancellation of the annotation in the Public Registry of the corresponding Property and that the site of the National Inventory of Contaminated Sites is removed.

The Secretariat will confront the results of final verification sampling with the concentrations, levels, limits or maximum parameters of contaminants established in applicable Mexican official standards or levels. of remediation established in the corresponding remediation proposal.

If appropriate, the Secretariat, within forty-five working days, will dictate a resolution stating that the objectives of the remediation program have been reached at the site, limits or limits. maximum parameters for contaminants established in applicable Mexican official standards or the remediation levels established in the same proposal; order the removal of the site of the National Inventory of Contaminated Sites and request the the corresponding authority to cancel the entry in the public register of the respective property, which will be notified to the data subject and will terminate the remediation procedure.

The cancellation of the annotation in the Public Registry of the corresponding Property or the removal of the site of the National Inventory of Pollution Sites will be carried out under the amparo of the information provided by the interested party, the federal or local authorities involved will not be responsible for the persistence of contaminants in the site as a result of the falsity or deficiency in the final samples and their respective analysis.

CHAPTER IV

Remediation Declarations

Article 152.-The formulation and implementation of the remediation programs referred to in Article 73 of the Law may be coordinated by the Secretariat and the competent local authorities.

The coordination referred to in the preceding paragraph may be carried out by means of conventions defining the participation of each of the authorities of the three government orders and the human, financial and financial resources. materials that each one of them will contribute.

The remediation program will be attached to the coordination convention and entered by local authorities in the public record of the corresponding property.

Article 153.-In cases where the Secretariat's judgment is necessary, the Federation's intervention in the remediation of an abandoned site contaminated with hazardous waste and prior to the corresponding supporting study, shall draw up and propose to the Head of the Federal Executive the declaratory referred to in Article 73 of the Law.

When the state or municipal authorities request the issuance of the remediation declaration, they shall draw up their respective supporting technical studies and submit them to the Secretariat for evaluation.

TITLE SEVENTH

CONTROL AND SECURITY MEASURES, VIOLATIONS AND SANCTIONS

Article 154.-The Secretariat, through the Office of the Attorney General, shall carry out the acts of inspection and surveillance referred to in Article 101 of the Law, as well as those relating to compliance with the provisions contained in this Law. The law of the Court of Law of the European Union

the European Union of the Member States of the European Union

The Attorney General's Office may conduct documentary checks to confront the information contained in the management plans, the authorizations issued by the Secretariat, and the annual reports to be provided by the generators and the service providers. of hazardous waste management services, for this purpose, will review the information in the Secretariat's archives.

You may also request at any time information concerning the hazardous waste balance sheets for your collation with the information submitted by the generator, the third-party service provider, the carrier or the recipient, for the purpose of verifying that a proper handling of hazardous waste is carried out.

Article 155.-The Attorney General's Office may order some or some of the security measures provided for in Article 104 of the Law.

Article 156.-Once the inspection report has been received by the authorising authority of the acts of inspection and monitoring of compliance with the Law, this Regulation and the provisions that emanate from them, the Attorney General's Office, through personal notification or certified mail with an acknowledgement of receipt, shall require the person concerned to take the corrective or urgent measures to be taken and to indicate the time limits for its implementation and compliance, which shall not exceed twenty business days.

It is considered corrective measures to correct the deficiencies or irregularities observed during the inspection and surveillance acts and those necessary to comply with permits, licenses or authorizations. respective.

It will be measures of urgent application, which are ordered to prevent any further disruption of the environment, the ecosystems or their elements.

Where the remediation is imposed as a measure, the procedure and the time limits for the execution of the remediation shall be subject to the provisions of Title VI of this Regulation.

Article 157.-The person concerned, within five working days from the notification of the request made to take corrective or urgent measures, may submit to the authority a proposal for the implementation of alternative measures to the ordered ones, provided that such a proposal is duly justified and seeks to comply with the same purposes of the measures ordered by the Attorney General's Office.

The deadlines ordered for the implementation of the corrective measures or urgent implementation will be suspended as long as the authority resolves 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 by damages to third parties.

If the authority does not issue a resolution on the proposal referred to above within ten working days of its receipt, it shall be deemed to be negative.

Article 158.-If, as a result of an inspection visit, the imposition of corrective measures or of urgent implementation is ordered, or, the performance of the actions in order to remedy the irregularities that motivated the the enforcement of the security measures provided for in the Law, the inspected must notify the compliance authority of each one, within a term of five working days from the due date of the period granted by that for its realization.

Article 159.-When the authority is placing the alleged infringer and appears in writing to accept the irregularities in the inspection report, the Attorney General's Office will proceed within twenty working days. following, to dictate the respective resolution.

Article 160.-In the relevant administrative decision, the measures to be taken to correct the deficiencies or irregularities observed, the time limit granted to the infringer for the purposes of the satisfy them and the penalties to which the creditor has acted in accordance with the applicable provisions.

In cases where the infringer carries out the corrective measures or urgent application or remedy the irregularities detected within the time limits ordered by the Secretariat, the Secretariat may, at the request of a party, revoke or modify the fine or fines imposed, provided that the offender is not a repeat offender, and there is no risk to the health or the environment arising from the handling of hazardous waste.

The application referred to in the preceding paragraph shall be submitted to the authority which imposed the sanction within 30 working days from the expiry of the last period granted for the completion of the corresponding measures, and shall be determined by the superior hierarchical of the same, in accordance with the deadlines laid down in the Federal Law of Administrative Procedure. In this case, the suspension of the execution of the fine shall be suspended in accordance with the terms laid down in Article 87 of the order referred to above.

Article 161.-In the case referred to in Article 111 of the Law, the corresponding authority, in itself or at the request of the infringer, may grant this option to commute the amount of the fine for the realization of investments. equivalent in the acquisition and installation of equipment to avoid contamination or in the protection, preservation or restoration of the environment and natural resources, provided that the obligations of the infringer are guaranteed, the investment proposed is not directly related to the facts that motivated the infringements and the authority fully justify your decision.

The application for a fine-switch must be submitted in writing and must contain a calendarised programme and the amount of the proposed investment duly justified, the authority shall have the power to grant a time limit which does not shall exceed 30 calendar days for the submission of the said investment programme, in the event that the investment programme has not been accompanied by the application.

The submission of the application must be made directly to the authority that issued the resolution requesting to switch, who will agree to its submission and, where the application does not comply with the necessary specifications, must prevent the proments and subsequently turn it over to its hierarchical superior for the corresponding resolution.

Due to the deadlines for carrying out the activities resulting from the commutations granted, the Secretariat will pay a visit to verify its compliance, resulting from which the corresponding conclusion agreement will be issued. If, as a result of the visit, failure to comply with the above mentioned activities, the enforcement of the fine imposed shall be ordered.

The Secretariat shall also, within a period of no more than ten working days, forward to the Secretariat of Health the information on the determination of the possible consequences or adverse effects on human health for the purpose of last issue within a period of no more than thirty working days the corresponding opinion.

Article 162.-For the purposes of Article 111 of the Law, the restoration or compensation agreements shall terminate the administrative procedure.

If the quantification of the environmental damage is determined that the restoration of the affected element by the irregularities caused, be difficult or impossible to repair, it will be possible to compensate for these damages.

The Secretariat may require the granting of guarantees regarding compliance with any and all obligations arising out of the agreement, which shall be effective when the data subject, after verification of the authority, does not has complied with any of the obligations laid down in the Convention or those arising therefrom.

Article 163.-For the purposes of Article 115 of the Law, the Secretariat shall promote the creation of funds, trusts or other financial instruments of a financial nature, in order to channel these resources to be obtained in virtue of the application of the provisions of the Law, this Regulation and the other orders that result from it, in an efficient and transparent manner, for the remediation of contaminated sites that merit federal intervention.

TRANSIENT

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

SECOND.-The Regulation of the General Law of Ecological Balance and Environmental Protection in the Field of Hazardous Waste, published on 25 November 1988 in the Official Journal of the Federation, is repealed.

THIRD.-The authorizations that have so far been granted to the metallurgical mining companies for the final disposal of waste or by-products, will continue in force until the date they establish the same.

FOURTH.-The agreements concluded and the waste management plans referred to in Article 22 of this Regulation that are in force and in operation before the entry into force of the Regulation itself or the issuance of the Basic Diagnosis, they will be able to continue running until their validity ends.

QUINTO.-As the Secretariat publishes the Agreement through which the electronic signature system of the formalities that will be incorporated into its portal, the managers and providers of hazardous waste management services will be introduced must submit the corresponding applications directly to the offices of the Dependence.

SIXTH.-As the Secretariat establishes and operates the database referred to in Article 81 of this Regulation, hazardous waste generators, in order to comply with the provisions of Article 42 of the Law, may consult with the Secretariat information related to the validity of the authorisations granted to managers for the provision of hazardous waste management services.

The query will be formulated by writing where it is noted:

I. Name, name or social name of the service provider;

II. The type of service that you intend to contract, and

III. The hazardous waste that the generator intends to submit to handling, expressing its approximate volumes.

The consultation shall be released within a maximum of five working days, at the end of which, if no reply is issued, the service provider shall not be deemed to have been authorized by the Secretariat. Each consultation shall include at most the name, name or social name of five managers or service providers.

SEVENTH.-In the case of generators registered with the Secretariat prior to the entry into force of this Regulation, the categorisation of hazardous waste generators referred to in Article 44 of this Regulation shall apply. The Law will be carried out taking into consideration exclusively the volumes of hazardous waste generated during the years 2004 and 2005. The categorization will be performed according to the following procedure:

I. The generators shall submit to the Secretariat within 20 working days of the entry into force of this Regulation a declaration in which they shall determine the category in which they are deemed to be registered, and

II. The Secretariat shall register the generators to be self-determined in the category which they identify and, within a period not exceeding one year from the date of entry into force of this Regulation, shall review the reports in their archives. in respect of such generators, in order to confirm or, where appropriate, to amend the self-determined category. If within that period the Secretariat has not notified the generators of any modification to the self-determined category, the latter shall be deemed to be confirmed.

EIGHTH.-Persons who are registered as hazardous waste generators at the entry into force of this Regulation shall not be required to register again, they shall only be self-categorised as large, small or microgenerators in the terms set out in the seventh transitional article of this Regulation.

NINTH.-Those required to submit reports on the generation or handling of hazardous waste shall use the format of the Annual Operation Cedula referred to in Article 10 of the Regulation of the General Law of Ecological Balance and Environmental Protection in the field of the Registration of Emissions and Transferences of Pollutants.

DECIMAL.-As long as the corresponding official Mexican standard is issued, the sampling plan referred to in Article 138, fraction IV, of this Regulation shall indicate the method of sampling, number and mass of samples, depth, type of samples, procedure for the storage and transfer of samples and witnesses, as well as their foundation.

TENTH FIRST.-The actions arising from this Regulation shall be implemented from the budget approved for the Secretariat of the Environment and Natural Resources.

TENTH SECOND.-As long as the official Mexican standard regarding the testing protocols provided for in this Regulation is issued, the executive project to develop a test protocol will contain the following:

I. The executive summary;

II. Relationship and amount of waste required for the development of the test protocol;

III. Formulation and characterization of loads;

IV. Description in block diagram of protocol activities;

V. Relationship of sampling and analysis methods for both waste loads and process effluents;

VI. Balance of matter and energy under zero-load conditions of waste, eighty-five percent and one hundred percent load of waste according to the capacity of the system, and

VII. Proposal for waste management and process effluents.

The testing protocol referred to in this Article shall be developed on the basis of the proposal of the person concerned together with the recommendations made by the Secretariat.

Given at the Federal Executive Branch in Mexico City, Federal District, at the twenty-nine days of November of two thousand six.-Vicente Fox Quesada.-Rubrias.-The Secretary of Finance and Public Credit, Jose Francisco Gil Diaz.-Heading.-The Secretary of the Environment and Natural Resources, José Luis Luege Tamargo.-Heading.-The Secretary of Communications and Transport, Pedro Cerisola and Weber.-Rubrias.-The Secretary of Health, Julio Frenk Mora.- Heading.