The Regulations to the General Law of Environmental Protection and Ecology ("LEGEEPA") regarding the Emissions and Pollutants Transfer of Hazardous Waste, provides for certain individuals and Entities in charge of facilities (chemical industry, petroleum and petrochemical industry, paint and tints, metallurgic, automotive, paper and cellulose, cement and sand-lime, asbestos, glass, energy generation industry and treatment of hazardous waste) of federal competency to file an Annual Operation Report ("COA"), which is a report and summary of all the information regarding the emissions and pollutant's transference to the air, water, soil and underground, generation of materials and dangerous wastes used inside it's operation.
The COA must be filed before the Ministry of Environment and Natural Resources ("SEMARNAT") on a yearly basis, within January 1 through April 30, with information on the operations held in the immediate previous year. This year only, the authority has granted the opportunity to file the COA until July 15 of 2005.
The COA can be file by the following means:
- Printed registration form, with a magnetic disc which contains an Electronic File of said COA.
- Electronic file contained in a magnetic disc with printed registration form which contains regulations of Paragraph I, Article 10 of LGEEPA, or
- By web page that SEMARNAT establishes for its filing.
Prior to the filing of the COA in the web page the interested parties must obtain before SEMARNAT a certificate of identification to obtain an advance electronic signature.
It is worth mentioning that the obligation to file the COA, includes those that have a Exclusive Environmental License ("LAU") or an Operation License ("LF") granted by SEMARNAT.
In addition, SEMARNAT published those substances subject to federal jurisdiction, with respect of thresholds of report that the generators will have to declare in the COA. Nevertheless, this obligation will not come into force until the Mexican Official Standard has been published.
Not complying with the aforementioned, sanctions will be issued and an administrative procedure will be brought, and in case of continuance of non-compliance, the consequences will be the revocation of the licenses and / or authorizations to operate.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.