On November 13, 2023, the Ministry of Finance and Public Credit published the Decree which amends, adds to, and repeals several provisions of the Federal Law of Duties (the "Decree"). This Decree was issued in conjunction with several tax and budgetary laws for year 2024. The Decree updates and adds, among other aspects, the concepts, amounts, and obligations related to the discharge of wastewater into federal waters.

This is done to harmonize the obligations set forth in the Mexican Official Standard NOM-001-SEMARNAT-2021, which defines the permissible limits of pollutants in wastewater discharges into federal waters (the "NOM-001"). This standard was published on March 11, 2022, and granted a period of exemption so that the changes introduced were not reflected in the Federal Law of Rights for the year 2023. 

With the publication of the Decree, as of January 1, 2024, these changes are included and will be applicable to all wastewater discharge points into federal waters, except those that are subject to a Program for Compliance with NOM-001, approved by CONAGUA.

Some of the most noteworthy changes include: (i) the obligation to monitor and measure total organic carbon (TOC) in discharges; (ii) the obligation to treat as wastewater all water volume that has been in contact with wastewater; (iii) the updating of costs according to the type of receiving body and water use; (iv) sampling methods and processes; and (v) the implementation of infrastructure, operation and sanitation efficiency improvement action programs.

Consequently, it is imperative that all parties discharging wastewater into federal bodies review their performance with NOM-001 and the Income Federal Law, to ensure proper compliance with their wastewater discharge obligations by year 2024 and thus avoid penalties ranging from fines to suspension of activities.

At Sanchéz Devanny, we have a highly experienced team in these matters, and we will be pleased to provide youmore information about the above and answer your specific questions, to ensure proper compliance.

This content was prepared by Georgina Gutierrez-Barbosa ([email protected]) y Enrique Cruz-Lozano ([email protected]).