On June 4, the Mexican Ministry of Transport and Communications published a decree in the Official Gazette of the Federation through which provisions are amended and added to the General Law for the Prevention and Comprehensive Management of Wastes (the "General Waste Law") and to the Law of Roads, Bridges, and Federal Haulage (the "Federal Transportation Law"). The decree mandates the classification of used tires as "special management wastes," subjecting them to Management Plans.1
General Waste Law
Through the decree, the General Waste Law now establishes the obligation of manufacturers, importers, distributors, and generators of used tires to execute specific actions for their comprehensive management in accordance with the provisions established in a Mexican Official Standard ("NOM"). The standard will be developed to define waste management, joint responsibilities, and value recovery criteria pertaining to used tires. The action was taken even though the existing NOM-161-SEMARNAT-20112 already includes used tires as special management wastes, subject to Management Plans.
In accordance with the decree, and with the objective of establishing specific goals and guidelines, the executive branch intends to develop a National Strategy for the Comprehensive Management of Used Tires. In addition, the decree expressly prohibits the final disposal of used tires in vacant lots, gullies, ravines, drainage and sewage pipes, and bodies of water, among other places.
Federal Transportation Law
The decree cites the possibility of concessionaires utilizing rubber from used tires in federal road and bridge construction and in maintenance activities.
The decree entered into force on June 5, and it set a two-year period for the responsible parties to develop and submit Management Plans to the appropriate local authorities.
1. Instrument developed by producers, importers, exporters, distributors, marketers, consumers, by-product users, large quantity generators, and the three levels of government under joint responsibility and comprehensive management principles, with the objective of minimizing the generation and maximizing value recovery of solid urban, special management, and specific hazardous wastes under environmental, technological, economic, and social criteria, through feasible actions and procedures.
2. Mexican Official Standard NOM-161-SEMARNAT-2011 establishes: the criteria to classify special management wastes and to determine those wastes subject to Management Plans, a listing of those wastes, the procedure for their inclusion in or exclusion from that listing, and the elements and procedures for the formulation of Management Plans.
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