MEXICO Law and Practice Contributed by: Federico Ruanova Guinea and Isabella Guzman, Baker McKenzie
to the transportation of hazardous waste to an unli- censed site is a federal crime, punishable by a prison term of one to four years. 15.3 Circular Economy Requirements Most Mexican states have enacted laws requiring that non-hazardous waste be recycled or reused. Mexico City’s Circular Economy Law has established joint liability obligations applying to producers, sellers and generators of materials that become recyclable or reusable waste. Many single-use plastics have been banned in most of the country and certain products – such as plas- tic bags – must be made of compostable material in order to be sold and used in Mexico. Mexico will likely enact a General Circular Economy Law in the coming months, setting guidelines and obligations for all parties that produce waste and introducing innovative concepts such as secondary raw materials. The main purpose of this new law will be to minimise waste generation as much as possible. 15.4 Rights and Obligations Applicable to Waste Operators Waste operators (hazardous or non-hazardous waste) are required to secure a number of environmental per- mits and approvals. Hazardous waste storage, recy- cling or disposal facilities must secure operating per- mits from SEMARNAT and comply with a wide range of requirements to ensure that waste is properly han- dled and disposed of. This is also the case with opera- tors of hazardous waste transportation companies, noting that – aside from SEMARNAT permits – all vehi- cles used to transport hazardous waste are required to secure permits from the Ministry of Infrastructure, Communications and Transportation. Non-hazardous waste or “special waste” operators are required to comply with state or local laws and regulations and secure operating permits from state environmental authorities. Each state has its own rules on how to construct and operate non-hazardous waste disposal facilities. Failing to comply with any of the requirements listed above may bring about administrative liability in the
form of fines, shutdowns and remediation obligations. There may also be civil liability (if environmental dam- age is caused) as well as criminal liability if there is gross negligence or wilful intent that causes environ- mental damage. 16. Environmental Disclosure and Information 16.1 Disclosure and Reporting Requirements Accidental releases of waste water, as well as of haz- ardous materials or waste, must be reported to regula- tors, and all actions designed to reduce or minimise environmental damage must be implemented. In the case of an accidental hazardous waste spill covering an area not exceeding 1 m³, generators or transporters must immediately carry out the neces- sary actions to minimise and limit its dispersion and clean up the affected area. If the spill covers a large area, PROFEPA or ASEA must be notified immediately so that they may adopt the necessary actions to prevent damage from being caused, in co-ordination with the parties causing the spill. 16.2 Public Environmental Information According to the General Law, and the Law of Access to Public Information, any person has the right to have SEMARNAT, ASEA, as well as other federal or state environmental agencies, put at their disposal any environmental information requested. Any petition must be in writing, specifying the type of information being requested and the reasons behind the request. In some cases, regulatory agencies may deny access to information if it is deemed of a confidential nature or if its disclosure may damage third-party rights. 16.3 Corporate Disclosure Requirement Corporates are not required by law to disclose envi- ronmental information in their annual reports. How- ever, as discussed in 6.5 ESG Requirements , many companies do provide reports on their sustainability initiatives and on how they are contributing to the fight against climate change, as part of a trend to meet global ESG requirements.
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