Generation of Hazardous Waste

Generators of hazardous waste must identify, classify and manage their waste in accordance with the regulations, generators are obliged to leave free of hazardous waste and pollution that may represent a risk to health and the environment, the facilities in which they have been generated these, when the activities that generate such waste are closed or ceased to be carried out in them.

In terms of the General Law for the Prevention and Comprehensive Management of Waste, there are the following types of generators:

• Large generators
• Small generators
• Microgenerators

Large generators must register with the Ministry of the Environment and Natural Resources and submit the Hazardous Waste Management Plan for its consideration, as well as keep a log, submit an annual report about the generation and management modalities to which they subject their waste, in addition to having environmental insurance.

Small generators must register with the Secretariat and have a log in which they will keep a record of the annual volume of hazardous waste they generate and the management modalities, as well as a record of cases in which they transfer hazardous waste to industries so that use them as inputs or raw material within their processes indicating the amount or volume transferred and the name, denomination or business name and legal address of the company that will use them.

In addition to the above, they must subject their waste to management plans, in accordance with the applicable provisions.

Microgenerators of hazardous waste must register with the competent authorities of the governments of the federal or municipal entities, subject to the management plans for the hazardous waste they generate and that are established for this purpose and the conditions set by the authorities of the governments of the federative entities; as well as taking their own hazardous waste to authorized collection centers or sending them through authorized transport, in accordance with the applicable legal provisions.

On the other hand, in the event of non-compliance with the aforementioned obligations, the obligated subjects may be sanctioned with administrative fines and / or the temporary or definitive, total or partial closure of the establishment.

By virtue of the foregoing, it is recommended that, in case you are subject to complying with the applicable legal provisions regarding the generation of waste, you take care of legal advice, for which the BRIFFAULT ABOGADOS, SC team is at your service to provide appropriate and timely advice in relation to all relevant acts, as well as the Contentious Area to develop means of defense against any act of abuse by the competent authorities in environmental matters.