Dear Clients and Friends,
According to official figures, of Mexico’s 653 aquifers, 105 are overexploited, while about 40% of water is wasted due to leakage. In addition, 70% of surface waters are contaminated by sewage discharges.
In order to counter this phenomenon, on January 6, a Decree amending the National Waters Law was published in the Official Gazette of the Federation (“Decree”), which aims at reducing aquifer pollution and severely punishing non-compliance regarding the utilization, exploitation and distribution of waters in Mexico.
The Decree compels individuals and entities who discharge sewage into water bodies, to adopt within their processes the use of biodegradable materials, provided that they are technically feasible and in accordance with applicable regulatory provisions.
Likewise, fines are increased by 23% for offenses concerning, among others, concessions, permits, environmental care and facilities, as well as the utilization, treatment, discharge, exploitation and quality control of waters, as provided for in the National Waters Law.
Such fines, which under the Decree are now estimated based on the daily value of the Unit of Measure and Update (UMA), range from 260 UMA to 26,000 UMA, i.e. from MXN$22,588.80 for the lowest fine, up to MXN$2,258,880.00 for the highest[1], depending on the offense.
Fines are independent of penalties provided for in the General Law on Ecological Balance and Environmental Protection, the General Law on National Property and the Federal Metrology and Standardization Law and their regulations, as well as Mexican Official Standards, the Federal Criminal Code and other applicable provisions.
These measures, which entered into force on January 10, are intended to counter not only the levels of aquifer pollution, but also the overexploitation and misuse of water in Mexico.
________________________________________
[1] Estimations according to the daily value of the UMA applicable from February 1st, 2020, as updated in the Official Gazette of the Federation on January 10, 2020.
Derecho ambiental / Environmental Law
Fernando Holguín
[email protected]
Download PDF
