Instructions for Hazardous Waste Transporter

For collection and transportation of hazardous waste outside the establishment where they were generated, the generator or transportation service provider must hold the relevant Semarnat and SCT authorizations.

Applicable law:

Hazardous waste transporters must comply with the following Mexican provisions:

Requirements:

The letter of application (no required form) for authorization must contain the information described in form SEMARNAT-07-001.

1.    Submit general registry sheet with company information as indicated therein.

2.    Submit the following attached documentation:

• Statement under oath as to whether applicant holds special permit issued by Ministry of Communications and Transportation (SCT) for hazardous materials and wastes.
• Copy of vehicle registrations for proposed vehicles.
• Civil liability insurance policy covering injury to third parties and the environment, as prescribed by the SCT.

3.    Emergency Preparedness Plan

• Attach detailed description of the actions, measures, facilities, equipment, instruments, or materials possessed by the applicant to control environmental contingencies due to any uncontrolled emissions, leaks, spills, explosions, or fires that may occur in the company’s operations related to collection and transportation of hazardous waste.

4.    Training Program

• Submit the training program for the staff to be involved in managing hazardous waste.

5.    Hazardous Waste Collection and Transportation

• Vehicle description: attach a list of the vehicles proposed for transportation of hazardous waste, including plate numbers, serial numbers, models, types, capacity, and type of container. Include photographic appendix.
• Description of waste. Attach a list of the hazardous wastes to be transported, indicating their characteristics and physical state.

6.    Collection of wastes containing polychlorinated and/or hexachlorinated biphenyls (complete only if these wastes are to be transported)

• Describe collection activities.
• Emergency program.
• Environmental insurance.

7.    Payment of Duties

• When filing its documentation, the company must pay the applicable duties (Tax Form No. 5, “Declaration of Duty Payment”).
• The payment code for the tax form is 400149.

8.    Applicants must submit the required information in three-ring binders or spiral-bound, following the order indicated by the numbers and using separators to clearly distinguish what belongs to each section.

9. The information must be submitted in original, copy for acknowledgment, and on magnetic medium. Semarnat may conduct verification visits to corroborate the information submitted. Any information considered confidential by the company must be submitted with a seal indicating “Confidential Information.”

Administrative procedure:

The authority must respond within a period of 30 working days; if this period elapses without a response from the authority, the application is deemed to have been rejected. The authority must request any missing information within a maximum period of 10 working days.

Authorizations are valid for a period of 5 years from their date of issue.

Further information and inquiries:

Website of the Federal Regulatory Improvement Commission

or call CIS (Semarnat) at 56-24-34-95 or 56-24-34-42.

Uniform Permit and Approval of Specialized Trucks for Transportation of Hazardous Materials and Wastes

In order to use the road system to transport hazardous wastes, the SCT must specifically allow this in the permit issued to the transporters, in accordance with the applicable legal provisions. The conditions of operation are subject to the provisions of the Ground Transportation of Hazardous Materials and Wastes Regulation.

Requirements:

• The procedure is initiated at the Single Window of the Federal Freight and Passenger Transportation Branch (Dirección General de Autoransporte Federal) of the SCT.
• The documentation must be submitted in original and legible copy.
• Submit letter of application (no presribed form) for the Uniform General Trucking Permit (Permiso Único de Carga General), attaching the following:

1. Form DGAF N–1 duly completed and with the required attachments.
2. Federal Taxpayer Number (Registro Federal de Contribuyentes—RFC) with unique identifier (homoclave).
3. Birth certificate, certificate of citizenship, naturalization papers, or valid passport of shareholders or physical person.
4. Attestation of corporate domicile in Mexico with tax registration (alta de hacienda).
5. Notarized power of attorney attesting to applicant’s capacity as legal representative.
6. Identification of applicant and legal representative with voter credential or valid passport.
7. Submit company charter, notarized and registered in the Public Registry of Property and Commerce (Registro Público de Propiedad y Comercio), indicating as object and principal activity Federal Trucking Service (Servicio de Autotransporte Federal de Carga), including foreigner exclusion clause and most recent minutes of shareholder meeting dated no more than two years previously.
8. List of most frequently transported hazardous substances and materials, using the United Nations number in accordance with NOM-002-SCT2/2003. The list must be signed by the Chair of the Board of Directors or the Sole Administrator.
9. Description of container and packaging and their characteristics.
10. For tank trucks, submit document specifying the material of which they are built, general design and construction sheet, in accordance with NOM-020-SCT2/1995.
11. Civil liability insurance policy for environmental damage in an amount of $900,000.00.
12. Declaration of characteristics of each vehicle on Form DGAF N-20.
13. Attestation of ownership or legal possession of vehicle with invoice, letter of invoice (original), or financial leasing contract. Foreign vehicles must exhibit regularization from Ministry of the Treasury and Public Credit (Secretaria de Hacienda y Crédito Público).
14. Civil liability insurance policy for injury to third parties.
15. Certificate of low pollutant emissions issued by an authorized inspection center.
16. For approval of trailer or tractor-trailer, submit vehicle permit and policy.
17. For 1960–80 model vehicles, submit mechanic’s certificate attesting that vehicle is in optimal physical/mechanical condition.
18. Vehicle holdings by model.

Administrative procedure:

• The Uniform Permit procedure is required only once.
• Submit documentation at Single Window.
• Collect receipt of duty payment at Single Window.
• Pay duties at bank and return receipt of payment to Single Window (initiates procedure resolution period).
• Review, produce, and sign the registration, permit, and assign plates, stickers, and registration cards.
• The SCT issues the applicant:

  a) Company registry entry (for companies only).
  b) Original Uniform Permit of Federal Trucking Service.
  c) Vehicle registrations, one per unit (motor vehicle, trailer, or tractor-trailer).
  d) Identification plates: two per motor vehicle, one per trailer or tractor-trailer.
  e) Identification sticker: for motor vehicle, place on windshield; for trailer or tractor-trailer, place on plate.

• The procedure must conclude within 30 calendar days following the date of receipt of the application or the missing information requested.
• Notice of missing information must be given at time of filing of application.
• If the response period elapses without the applicant being notified of a decision, the application is deemed to have been rejected.

Further information and inquiries:

Website of the Federal Freight and Passenger Transportation Branch (SCT)

Uniform permit procedure

Truck approval procedure

Forms

Hazardous Waste Delivery, Transportation, and Receipt Manifest

In order to transport hazardous waste to any treatment or final disposal facility, the generator must obtain a hazardous waste delivery, transportation, and receipt manifest.

Requirements:

For each volume transported, the generator must give the transporter an original, duly signed manifest and two copies thereof.

The transporter keeps one copy on file and signs the original manifest. It delivers this and the second copy to the recipient upon delivery of the hazardous waste for treatment or final disposal.

The hazardous waste recipient keeps the copy on file and signs the original, which it must return immediately to the generator.

The original manifest and the copies must be kept by the generator, the transporter, or the recipient of the hazardous waste, respectively, as follows:

I.-For the generator, ten years following receipt of the original manifest from the recipient;

II.- For the transporter, five years following delivery of the hazardous waste to the recipient, and

III.- For the recipient, ten years following receipt of the hazardous waste for final disposal.

Upon expiry of the period indicated in III) above, the recipient must remit the documentation to the Ministry in the manner determined by the latter.

The generator must keep records of the results of any tests, analysis, or other determinations relating to hazardous waste for ten years following the sending of the waste to the treatment or final disposal site.

Further information and inquiries:

Website of the Federal Regulatory Improvement Commission or call the CIS (Semarnat) at 56-24-34-95 or 56-24-34-42.

Other transporter actions required:

In addition, the trucking unit must have the following documents:

1. Federal driver’s license of the class required to transport hazardous wastes
2. Driver hours of service logbook
3. Operator’s logbook for daily visual inspection of the unit
4. Individual or joint insurance policy covering carrier and shipper of hazardous material or waste