Instructions
for Generators Concerning Hazardous Waste Return from Maquiladoras
Maquiladoras
are companies that introduce their raw materials into the country
under the Temporary Import Regime as well as those companies governed
by Article 108 of the Customs Act (Ley Aduanera). These companies are required to return all hazardous materials and
wastes generated by their production processes to the country of
origin and incur liability if they violate this requirement.
The procedure consists
of a Notice
of Return (Aviso de Retorno) filed with Semarnat for hazardous waste generated from raw materials imported
on a temporary basis. A notice must be filed for each type of and
nature of waste and does not require an administrative decision.
Intervening
in the waste return procedure are the Ministry
of Communications and Transportation (Secretaría de Comunicaciones
y Transporte--SCT), which verifies transporter compliance; the Ministry of Trade and Industrial
Development (Secretaría de
Comercio y Fomento Industrial--Secofi), which inspects temporary
import permits, and the customs authorities.
All imports of RCRA hazardous waste must have EPA consent. Importers should complete and submit an import notice. Notifications should be created and submitted electronically using EPA's Waste Import Export Tracking System (WIETS). Paper notices are allowed to be submitted at this time, but importers may experience significant delays in the processing of such notices. In 2022 EPA transitioned from WIETS to RCRAInfo WIETS.
Applicable
law:
Maquiladoras
returning hazardous waste generated from temporarily imported raw
materials must comply with the following Mexican provisions:
Customs
Act (Ley Aduanera) Articles 108-112.
- LGEEPA Article 153, paragraph VI.
- Uniform
Waste Prevention and Management Act, Article 94.
- Regulation
to the LGEEPA respecting Hazardous Waste, Article 55.
- Mexican
Official Standard NOM-052-Semarnat-1993. Establishing the characteristics of hazardous wastes and
the list thereof as well as the threshold above which a waste
is considered hazardous due to its toxicity in the environment.
- Mexican
Official Standard NOM 053-Semarnat-1993. Establishing
the extractive testing procedure for determining the constituents
making a waste hazardous due to its toxicity in the environment.
- Decision announcing the administrative
procedure for return of hazardous waste as well as the official
form and instructions for completion (Diario Oficial de la
Federación, 4 November 1998).
- Clarification of decision
announcing the administrative procedure for return of hazardous
waste as well as the official form and instructions for completion
published in the DOF on 4 November 1998 (Diario Oficial de
la Federación del 26 de marzo de 1999).
- Decision announcing the filings
recorded in the Federal Registry of Company Filings (Registro
Federal de Trámites Empresariales) applied by the Ministry
of the Environment, Natural Resources, and Fisheries and its decentralized
administrative bodies and establishing various regulatory improvement
measures (Diario Oficial de la Federation, 21 February
2000).
- Decision
establishing the classification and codification of goods whose
import and export are subject to regulation by the Ministry of
the Environment and Natural Resources (Diario
Oficial de la Federación, 29 March 2002).
- Annex
III to the Agreement between the United States of America
and the United Mexican States for the Protection and Improvement
of the Environment in the Border Area, "Agreement of Cooperation
Regarding the Transboundary Shipment of Hazardous Wastes and Hazardous
Substances."
Notice
of Return of Hazardous Waste
The
Notice of Return includes complete information on the generator,
a description of the waste (quantity, type, hazardousness characteristics,
INE number, EPA code, type of management, important components,
information in the event of accidents, special handling) as well
as shipping information (customs exit point, transporter, INE authorization
number, location, type of transportation, container type, capacity,
physical condition, route to be followed). Semarnat may give notice
of missing information, but if the information is complete it assigns
a notice number to complete the procedure.
The
procedure differs depending on whether the company is a first-time
or repeat applicant.
Requirements:
1. Notice
of return of hazardous waste
- Original must be signed.
- For first-time and
repeat procedures.
- A notice of return
must be filed for each type of hazardous waste and for each generator.
2. Generator's proof
of domicile
- Must be a copy of
a phone, electricity, water, or other bill.
- Applies to first-time
applicants.
3. Sketch of shipping
route from loading point to final destination, indicating main localities
through which the shipment will pass.
- Must
be legible.
- For
first-time applicants only.
- A new filing is required
if there is a change in the route, the customs exit point, or
the site from which the waste departs.
4. Transporter's valid civil liability
insurance policy covering damage to the environment and third parties
occurred during transportation; if the company has similar insurance,
Semarnat may consider this valid for the purposes of this obligation.
- Include a copy of insurance policy.
- In general, it is for each trucking
unit.
- It must be in the name of the
transporting company or one must be filed in the name of the company
returning the hazardous waste (exporter).
- For first-time applicants.
- For subsequent applications in which
the transporting company is changed or a new transporter is added.
5. Authorization from the Ministry of
Trade and Industrial Development (Secofi) under the Pitex or Maquiladora
program, whichever applies
6. Emergency preparedness plan in the
event of a spill during loading, transit, or unloading. A different
plan is required for each type of incident.
- For first-time applicants.
7. The information must be filed in
original, copy, and on diskette.
Administrative
procedure:
To
fulfill the obligation to give notice of hazardous waste return,
applicants must submit all required information and supporting documents.
The
authority must request any missing information from the interested
party within 3 working days.
Where
it requests information, the interested party must supply the information
within the 2 working days following notification thereof.
Once
the notice is filed, assigned a number, and stamped received, the
applicant must return the waste within 5 days.
Since
the filing is merely a notice, it does not require a decision, only
notification of missing information as applicable.
These
criteria apply to evaluation, assignment of a registration number,
and stamping of the Notice of Return as received, as well as for
opening the company's file.
The
filing is free of charge, so no attestation of duty payment is required.
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