Mexico City, January 14th, 2020.
Last 6 January 2020, the Decree by means of which the first paragraph of article 120 is reformed and a fraction VI Bis to article 88 Bis is added, both of the National Waters Act (herein after “the Decree”), pas published in the Federal Official Gazette. The Decree took effect on the 7 of the same month and year.
The new fraction VI Bis of article 88 Bis of the Decree states that individuals and legal entities conducting wastewater discharges into receiving bodies of water under federal jurisdiction must adopt, in their productive processes, the use of biodegradable materials, as long as they are technically viable. For such purposes, the regulatory dispositions on the matter shall be observed. However, as of this date, the regulatory dispositions on this topic are pending to be issued.
In addition, the amounts of the economic penalties set forth in article 120 of the National Waters Act (“LAN”), which are to be imposed if incurring in any of the violations set forth in article 119 of said law, are updated as follows:
- Fine ranging between 260 and 1,950 Units of Measurement and Update (“UMA”), for violations to fractions X, XI, XVI, XXI and XXII of article 119 of the LAN (between USD $1,190.00 and USD $8,917.00, approximately).
- Fine ranging between 1,560 and 6,500 UMA, for violations to fractions I, VI, XII, XVIII and XIX of article 119 of the LAN (between USD $7,133.00 and USD $29,722.00, approximately).
- Fine ranging between 1,950 and 26,000 UMA, for violations to fractions II, III, IV, V, VII, VIII, IX, XIII, XIV, XV, XVII, XX, XXIII and XXIV of article 119 of the LAN (between USD $8,917.00 and USD $118,888.00, approximately).
The Environmental Law Practise of the Firm will be pleased to provide any additional information on the topic.
Daniel del Río