Used oil, solvents, contaminated rags and wipes, chemical containers, process sludge, batteries, lamps. Almost every plant, workshop, or lab generates hazardous waste, even in small amounts. And with it comes a set of legal obligations that many companies only partly meet, until PROFEPA (Mexico’s federal environmental enforcement agency) shows up for an inspection or a customer runs an audit.
In this article we explain what counts as hazardous waste in Mexico, which generator category your company falls into, the obligations of each, and the mistakes that come up most often during inspections.
What is hazardous waste?
Under Mexican law, waste is hazardous when it has any of the characteristics known by the Spanish acronym CRETIB: corrosive, reactive, explosive, toxic, inflammable, or biological-infectious. Containers, packaging, and materials contaminated with it are hazardous too.
The standard that sets out how to identify and classify it is NOM-052-SEMARNAT-2005, which includes lists of hazardous waste by source and type, plus criteria for determining whether a waste not on the lists has a hazardous characteristic.
The first step toward compliance is a waste inventory: what you generate, in which process, in what quantity, and which of it is hazardous.
What type of generator are you?
Mexico’s General Law for the Prevention and Comprehensive Management of Waste (LGPGIR) sorts generators into three categories based on the total hazardous waste they generate per year:
| Category | Annual generation | Main obligations (LGPGIR arts. 46–48) |
|---|---|---|
| Micro generator | Up to 400 kg | Register with the relevant state or municipal authority, and send waste to authorized collection centers or with authorized carriers. |
| Small generator | 400 kg to under 10 tonnes | Register with SEMARNAT (the federal environment ministry) and keep a logbook of volumes generated and how they’re handled. |
| Large generator | 10 tonnes or more | Register with SEMARNAT, have a management plan, keep a logbook, file an annual report, and carry environmental insurance. |
Two points that often cause confusion:
- The category is based on the annual total of all your hazardous waste, not on each waste type separately.
- If your generation grows (more production, a new process, or different inputs), you can move up a category and your obligations change. Review it at least once a year.
Large generators file their annual report through the Annual Operating Certificate (COA). We explain what it is and who must file it in our environmental permits checklist.
Day-to-day obligations
Beyond registration and your category’s requirements, every generator must handle its waste properly at every stage.
1. Identify and segregate
Classify each waste under NOM-052 and keep it separate from the point where it’s generated. Mixing hazardous with non-hazardous waste turns all of it into hazardous waste, and mixing incompatible wastes can cause dangerous reactions.
2. Package and label
Waste must be properly packaged, identified, and labeled according to its classification: in suitable containers, in good condition, closed, and with a label showing the type of waste, its hazardous characteristic, and the date it was generated.
3. Store it temporarily under proper conditions
The temporary storage area must be separate from production and office areas, with an impermeable floor, no connections to the drain, adequate ventilation and lighting, spill containment, and signage.
The maximum storage period is six months from the date the waste is generated (LGPGIR art. 56). If you need more time, you must request an extension from SEMARNAT before the deadline, not after.
4. Hire only authorized companies
Collection, transport, treatment, and final disposal must be carried out by companies with a current SEMARNAT authorization for the type of waste you hand over. Ask for copies of their authorizations and check that they’re valid.
This matters more than it seems. Article 42 of the LGPGIR states that responsibility for handling and final disposal lies with whoever generates the waste, and that when you hire a service provider, that responsibility is shared jointly. If your provider dumps the waste on a vacant lot, it’s your problem too.
5. Use a manifest for every shipment
For each shipment, the generator gives the carrier a delivery, transport, and receipt manifest, which travels with the waste to its destination and comes back signed by the recipient. According to SEMARNAT’s material on hazardous waste management, generators and service providers must keep manifests for five years.
6. Keep the logbook up to date
The logbook records which waste you generate, how much, when it enters and leaves storage, and who it was handed to. It’s the first thing an inspector checks, and the basis for calculating your category and filling out the COA.
The most common inspection findings
- Outdated registration: the company registered as a small generator years ago and now generates more than 10 tonnes a year.
- Waste missing from the registration, because a new process or input was added.
- Storage beyond six months without an extension.
- Makeshift storage area: no containment, unlabeled or open containers, or incompatible wastes stored together.
- Incomplete manifests, or manifests that never came back signed by the recipient.
- Providers without a current authorization, or authorized for a different type of waste.
- A logbook that doesn’t match the manifests or the COA.
How to get your hazardous waste management in order
- Inventory all the waste each process generates and classify it.
- Calculate your annual generation and confirm your category.
- Review your registration with the authority and update it if your category or waste streams changed.
- Assess your temporary storage area against regulatory requirements.
- Review your providers: current authorizations and the scope of each.
- Organize the evidence: logbook, manifests, management plan, and COA, with an owner and a calendar.
- Look for ways to reduce generation: substituting inputs, improving processes, or recycling can drop you to a lower category and cut costs.
If you have an audit or inspection coming up, see our 90-day plan to prepare for an environmental audit.
If you also want to demonstrate compliance to customers or the authority, see the differences between ISO 14001 and the Clean Industry certificate.
Frequently asked questions about hazardous waste
Can an office or retail business be a hazardous waste generator?
Yes. Fluorescent lamps, batteries, certain toner cartridges, or maintenance waste may be hazardous. Small volumes usually fall into the micro generator category, which also has obligations.
What if my collection provider isn’t authorized?
Beyond any penalties it faces, your company may be held responsible for what happens to that waste. That’s why you should verify each provider’s authorization and keep a copy.
How often should I update my generator registration?
Whenever your category, your waste streams, or your facility details change. An annual review, alongside COA preparation, is good practice.
Is a management plan mandatory for everyone?
The LGPGIR expressly requires it for large generators. Even so, a documented handling procedure is advisable for any category, because it brings order to operations and makes inspections easier.
Conclusion
Generating hazardous waste isn’t the problem; mishandling it is. Knowing your category, keeping your registration and logbook current, storing waste properly, working only with authorized providers, and keeping your manifests protects you during an inspection and against the shared liability the law establishes.
At Total Consulting we help companies assess their environmental compliance, develop waste management plans, and prepare their reports through our Sustainability and Compliance service. If you’re not sure which category you’re in or what you’re missing, schedule a free diagnostic session.
This article is for informational purposes and does not replace legal advice. For specific obligations, consult the current text of the LGPGIR, its Regulations, and the applicable Mexican Official Standards.
