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Mexican Hazardous Waste Generator


Instructions for Generators Seeking to Export Hazardous Waste

The information provided here is a general description of the obligations of exporters of hazardous waste to the United States for recycling or disposal.

In the United States, hazardous waste can only be imported, transported and disposed of by companies registered with the US Environmental Protection Agency (EPA). When a US company is registered to import, transport, or dispose of hazardous waste, it receives an EPA identification number. It is recommended that this number be verified to ensure that the company is registered.

Under Mexican law, hazardous waste generators are responsible for management and final disposal thereof. If they retain the services of a company for management and/or disposal, they must verify that the company holds the necessary Ministry of the Environment and Natural Resources (Semarnat) authorizations.

Applicable law:

Hazardous waste generators, exporters, and managers seeking to export materials to the United States must comply with the following Mexican provisions:


Authorization to Export Hazardous Materials and Wastes

Physical or legal persons who are generators or service providers and seek to export hazardous waste for treatment or final disposal must obtain this Semarnat authorization.

There are different procedures for obtaining this authorization depending on whether the exporter is a first-time or repeat exporter.

Requirements:

The following documents must be filed by the exporter with the single-window office of the Integrated Service Center (Ventanilla Única de Trámites del Centro Integral de Servicios--CIS) of the Ministry of the Environment and Natural Resources (Semarnat) before making the shipment.

1.    File a general registration sheet. First-time applicants must include the following attachments:

  • Original receipt of payment of duties with Ministry of the Treasury and Public Credit (SHCP).
  • Document attesting to the activity.
  • Locator sketch.
  • Letter on official company letterhead authorizing the manager or promoter, or power of attorney for legal representative if the latter physically makes the filing.

2.    Submit hazardous waste export manifest. The filing of the manifest is deemed to be the application for authorization to export hazardous waste.

  • Original must be signed.
  • One manifest for each type of hazardous waste and for each storage site from which the waste will depart.
  • For first-time and subsequent procedures.

3.    Proof of domicile of the exporting company:

  • Must be legible.
  • For first-time exporters.
  • For subsequent procedures where there is a change in the site from which the waste departs or the generator of the waste, and also where the exporter changes its name or domicile.

4.    Locator sketch of the company where the waste is stored, including streets, adjacent lots, and location of the lot:

  • Must be legible.
  • For first-time exporters.
  • For subsequent procedures where there is a change in the site from which the waste departs or where the generator changes.

5.    Sketch of the route to be followed from the loading point to the customs exit point (land or maritime), indicating the main localities through which the shipment will pass:

  • Must be legible.
  • For first-time exporters.
  • For subsequent procedures where the route or exit point changes.

6.    Transporter's valid civil liability insurance policy covering damage to third parties and the environment during transportation; where the company holds a similar policy, this may be deemed valid by Semarnat for the purposes of this obligation:

  • Copy of policy.
  • Normally for each transportation unit.
  • Must be in the name of the transportation company or indicate the name of the exporting company.
  • Where the copy of the policy in the company's file expires, a complete copy of a new policy must be filed.
  • For first-time exporters.
  • For subsequent procedures where there is a change of transportation company or inclusion of another transporter in the authorization.

7.    Emergency preparedness plan for spills during loading, transit, and unloading, for each type of incident:

  • For first-time exporters.

8.    OECD and/or Basel Convention notification forms provided by Semarnat:

  • For first-time exporters.
  • For subsequent procedures where importing country's consent has been revoked or has expired or where the limit on the quantity of exportable hazardous wastes has been reached.

9.    Letter of acceptance of the waste by the importing company:

  • For first-time exporters.
  • For subsequent procedures where the foreign recipient facilities change.

10.    Performance bond guaranteeing compliance with the authorization in an amount of $2,500 pesos per ton of waste to be exported (this information to be updated annually):

  • For first-time exporters, original must be filed.
  • For subsequent procedures, a copy must be filed if the bond is still valid. If not, a new original bond must be filed or the old one must be renewed.

11.           Original receipt of duties paid:


Administrative procedure:

  1. Semarnat has 2 working days from receipt of the application to request any missing information from the interested party.
  2. The applicant has 15 working days to provide the missing information. If it fails to provide this additional information within the prescribed period, Semarnat considers the application to be nonexistent.
  3. Semarnat must issue a decision within the 5 working days following receipt of the consent of the receiving country.
  4. Where Semarnat fails to respond within the prescribed period, the application is deemed to have been rejected.
  5. Hazardous waste exports are only authorized where there is written consent of the destination and transit countries involved in the transboundary movement.
  6. The validity of the authorization is 90 calendar days.
  7. All schedules or attachments must be updated annually.
  8. Where Semarnat approves the shipment, it shall provide the interested party with an authorization indicating the quantity, waste characteristics, exit route, and customs point or points through which the waste is to be exported.

Further information and inquiries:


Other activities to be carried out by the exporter:

Contact a US treatment, storage, or disposal facility (TSDF) to receive the hazardous waste. The TSDF must have an EPA identification number and have the capacity to manage the type of waste in question. Not all TSDFs handle all types of waste. The TSDF must give four weeks written notice to the EPA in advance of the shipment for all imported hazardous wastes.

Transport the wastes to the border for importation into the United States. Transporters on both sides of the border and importers must comply with various rules.

Provide information on the wastes to the importer since the latter must complete a Uniform Hazardous Waste Manifest and description of the wastes for the US Department of Transport (DOT), the containers, the quantities to be imported, etc. (further information about this manifest).

Once the waste is sent, the Mexican generator must notify Semarnat of the actual shipping date.

 

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