Do you know what obligations to comply with regarding hazardous waste?
By: Francisco Javier Monsiváis Rodón
Conforme a lo establecido en el artículo 5 fracción XXXII de la Ley General para la Prevención y Gestión Integral de los Residuos (In accordance with the provisions of article 5, section XXXII of the General Law for the Prevention and Comprehensive Management of Waste (LGPGIR), hazardous waste is defined as “those that have any of the characteristics of corrosivity, reactivity, explosiveness, toxicity, flammability , or that contain infectious agents that make them dangerous (CRETIB), as well as containers, containers, packaging and soil that have been contaminated when transferred to another site, in accordance with what is established in this Law..
It is included within the 5 lists established within NOM-052-SEMARNAT- 2005, within which the following stand out, among others:
- The generation of sludge in different activities such as metal finishing and electroplating, oil, gas and petrochemicals, wastewater treatment, among others;
- Spent and/or acid-soluble oils;
- Materials impregnated with hydrocarbons, oils, fats, pigments, among others;
- Discarded zinc-silver oxide batteries;
- Catalysts spent in production activities;
- Waste from the use of explosives;
- Waste from hydrocarbon activities, chemical, petrochemical, steel, mining, among others;
- Waste from the handling of asbestos.
Therefore, when carrying out activities related to the generation, management, treatment and/or final disposal of hazardous waste, compliance with the obligations imposed by the LGPGIR, its regulations (RLGPGIR) and official mexican standards must be observed and guaranteed. Among which the following stand out:
- Identify the category in which you are a generator of hazardous waste (Micro, Small or Large Generator);
- Register as a generator of hazardous waste with the Ministry of Environment and Natural Resources (SEMARNAT) or with the National Agency for Safety, Energy and Environment (ASEA) (in the case of activities in the hydrocarbon sector);
- Design and build storage areas in accordance with the basic conditions established in the RLGPGIR;
- Register the hazardous waste management plan with SEMARNAT or ASEA (in the case of a large generator);
- Submit the Annual Operation Certificate (COA) annually to SEMARNAT or ASEA;
- In case of carrying out any type of hazardous waste management, have the respective authorization (incineration, recycling or co-processing activities, reuse, transportation, collection, treatment, deep injection and/or final disposal);
- Maintain the logs and/or disposal manifests of hazardous waste delivered to third parties authorized by the Authorities in the matter; among other.
At B + F we know the importance of compliance with obligations regarding hazardous waste for the development of projects that create environmental, economic and social value.
Through a comprehensive diagnosis carried out on our clients and allies, we observe compliance with the obligations identified based on their needs and as a consequence of the exercise carried out, the imposition of sanctions in the matter is prevented.