Ruling that delists from the Federal Registry of Formalities and Services that certain formality titled SEMARNAT-07-007 (Certificate of Non- Hazardous Waste)

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By Lexcorp Abogados
The aforementioned Ruling was published in the Federal Official Gazette, establishing that, effective October 18, 2005, the Certificate of Non-Hazardous Waste will not be required anymore.

Mexican Official Standard NOM-052-SEMARNAT-1993, That lists all hazardous wastes and describes their characteristics, and sets all parameters that if exceeded by a waste will result in the waste being considered as Hazardous to the Environment due to its Toxicity ("NOM-052"), clause 5.2 establishes that those wastes listed as hazardous, could be considered as non hazardous1, if the parameters for the CRETIB Characteristics included in said Standard (Corrosive; Reactive, Explosive, Toxic, Inflammable and Biological-Infectious), are not exceeded.

Prior to this Ruling, for the delisting of the formality titled SEMARNAT-07-007, to evidence that any waste was Non-hazardous, it was necessary to follow all the procedure established in said formality, in order to obtain from the Ministry of Environment and Natural Resources ("SEMARNAT") a Certificate confirming the Non-Hazard of the waste. In some cases, the obtainment of said Certificate could be delayed up to 9 months.

With this new Ruling, the Certificate of Non-Hazardous Waste, will not be required anymore and, effective October 18, 2005, it will be necessary only to exhibit a Report containing the results of the analysis duly performed by any Laboratory approved and authorized by the corresponding Authority, demonstrating that the analyzed waste do not exceed the parameters established in the NOM-052; in that manner, the waste can be managed as Non-Hazardous without the Certificate of Non-Hazardous Waste, same that before the issuance of this Ruling, was an essential requirement.

It will be important to always have the Report containing the Results of the Analysis performed to the waste, since the Attorney General Office for the Protection of the Environment ("PROFEPA") has the power to require same, in any of its inspections.

Analytical reports will be admitted only if the analysis were performed by a laboratory duly approved and authorized by the corresponding Authority; in the near future, SEMARNAT will inform through its web site: www.semarnat.gob.mx, the list of the laboratories authorized and approved to perform this type of analysis, until that, analytical reports issued by any laboratory approved and authorized by Mexican Association for Laboratory Accreditation ("EMA"), will be accepted.

In our opinion, this Ruling simplifies the management and complies with the purposes of the Federal Program for Regulatory Improvement, since it eliminates an obsolete and unnecessary formality. Said effort creates a great benefit for the generators of Non-Hazardous Waste who's waste is listed as Hazardous in NOM-052.

Finally, it is of importance to expect the publication of the New Regulations of the General Law on Prevention and Comprehensive Management of Waste, to be able to review its contents and directions regarding this Ruling, same Regulations that as of today continue in revision with the Federal Commission for RegulatoryImprovement ("COFEMER").

Notes:
1. Once demonstrated that a waste is non-hazardous, it can be managed and disposed distinctly than those wastes considered as Hazardous.

This document was developed only for disclosure and analysis of the above referenced Ruling and in no event should be used as particularized legal advice. If you need legal assistance according to the specific needs of your case or have any query or comments on this matter, please contact Sergio Bustamante at sbustamante@lexcorpabogados.com or Jose Luis Rendon atjlrendon@lexcorpabogados.com, or any of the lawyers from the environmental department at gal@lexcorp.com.mx