The Mexican Supreme Court of Justice determined that the absence of a hazardous waste management plan and control log constitutes, by itself, an unlawful act that generates environmental liability. This failure implies a presumption that the waste is not being disposed of properly and that damage to the environment has occurred. *
Regulatory basis
- General Law for the Prevention and Integral Management of Waste (LGPGIR): Articles 27, 46 and 47.
- Regulation of the LGPGIR: Article 71.
These provisions oblige hazardous waste generators to:
- Develop a management plan to define the integral treatment of waste.
- Keep a control log with data on quantity, characteristics, dates of entry and exit, as well as service providers for handling and final destination.
Practical implications for companies
- Mandatory compliance: Failure to have these documents constitutes non-compliance with public order regulations.
- Presumption of environmental damage: In the absence of such a presumption, the judicial authorities may presume that damage has been caused to the environment.
- Environmental liability: Companies may be liable even without direct evidence of damage, as their existence is presumed due to non-compliance with these obligations.
- Prevention: Proper documentation attests to due diligence and reduces legal risks.
Recommendations
- Verify that each facility has an updated management plan in accordance with its operations.
- Maintain complete control logs available for inspections and audits.
- Review contracts with service providers to ensure that they have permits and comply with environmental regulations.
- Implement periodic internal audits to verify compliance and traceability of hazardous waste.
At Vega Guerrero y Asociados we have a highly specialized team in environmental matters, focused on providing comprehensive and strategic advice for regulatory compliance and risk management. If you require more information or wish to receive guidance on this topic, please do not hesitate to contact us.
* This thesis was published on Friday, August 8, 2025 at 10:16 a.m. in the Semanario Judicial de la Federación. Digital record: 2030878. Eleventh Epoch. Thesis: 1a./J. 133/2025 (11th.) Type: Jurisprudence.
