Mexican Official Standard NOM-001- SEMARNAT 2021, Which Establishes the Permissible Limits of Pollutants in Wastewater Discharges into Receiving Bodies Owned by the Nation.

March 7th, 2023

On March 11, 2022, the Mexican Official Standard NOM-001-SEMARNAT-2021 (hereinafter “NOM001”) was published in the Official Gazette of the Federation, which establishes the permissible limits for pollutants in wastewater discharges into receiving water bodies owned by the Mexican State.

NOM-001 will be mandatory for all those responsible for discharging wastewater into any receiving body owned by the government. The aforementioned regulation has a period of compliance and gradual enforcement, according to the provisions of its transitory articles. For this reason, NOM-011 will enter into force 365 calendar days after its publication in the Official Gazette of the Federation, that is, on March 11 of the current year.

Therefore, NOM-001 seeks to comply with the obligation established in Article 85 of the Mexican National Waters Law, which establishes that individuals or legal entities that exploit, use or utilize national waters will be responsible for taking the necessary measures to prevent their contamination and, if necessary, to return the waters to adequate conditions, in order to allow their exploitation, use or utilization for future purposes.

Among the main aspects that were amended in NOM-001 are the specifications for determining the permissible limit of contaminants for wastewater discharge, test methods for determining water toxicity, sampling, temperature parameters, as well as the procedures for assessing conformity and compliance with NOM-001.

It is important to establish that, according to the GUIDELINES that establish the General administrative provisions for the presentation of compliance programs established in the fourth transitory article of the NOM 001, individuals or legal entities that discharge wastewater into any receiving body owned by the Mexican nation have until April 3, 2023 to present the respective compliance program, situation that could defer compliance with NOM-001 until March 11, 2027, in the event that the compliance program submitted is approved by the Ministry of Environment and Natural Resources.

In light of the above, in Bravo Abogados we would be happy to answer any question you may have regarding this legal alert.

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Contact: jbravo@j-bravo.com.

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