Summary of the matter addressed in the submission:

The Submitter asserts that Mexico is failing to effectively enforce certain provisions of its environmental laws with respect to a site contaminated with lead, chromium, cadmium, nickel and molybdenum, which allegedly has harmed the health of residents of the community of Ex Hacienda El Hospital. The Submitter asserts that the site cleanup actions previously undertaken do not ensure that the soil and shallow aquifer are free of heavy metals contamination. The Submitter further asserts that the draft restoration plans and proposals submitted to the authorities fail to note the existence of drainage lines from the facilities previously leased by the allegedly responsible company, BASF Mexicana, S.A. de C.V., asserting that this constitutes an environmental crime. He states that the environmental authority is aware of the seriousness of the soil contamination based on various analyses conducted on the land. The Submitter further states that he filed a citizen complaint (denuncia popular) with the Federal Attorney for Environmental Protection (Procuradur¡a Federal de Protección al Ambiente-Profepa), which was not admitted within the period provided by the General Law of Ecological Balance and Environmental Protection (Ley General de Equilibrio Ecológico y la Protección al Ambiente-LGEEPA). He asserts that Profepa was notified in his citizen complaint of the disposal within the community of equipment scrap contaminated with heavy metals, in violation of the General Law for Waste Prevention and Comprehensive Management (Ley General para la Prevención y Gestión Integral de los Residuos).

Names and citations of the environmental laws in question:

General Law of Ecological Balance and Environmental Protection (Ley General de Equilibrio Ecológico y la Protección al Ambiente-LGEEPA); General Law for Waste Prevention and Comprehensive Management (Ley General para la Prevención y Gestión Integral de los Residuos)-LGPGIR), and the Federal Penal Code (Código Penal Federal)

Submitter(s):

Mr. Carlos Alvarez Flores

Submission Timeline

January 26, 2006

The Secretariat received a submission and began a preliminary analysis of it under the guidelines.

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 27/01/2006

Submission - Submission authored by Submitter(s) on 12/01/2006

May 17, 2006

The Secretariat determined that the submission met the criteria of Article 14(1) and requested a response from the concerned government Party in accordance with Article 14(2).

Determination - Secretariat Determination under Article 14 (1) and 14 (2) authored by Secretariat on 17/05/2006

May 22, 2006

Submitter(s) requested the Secretariat in writing to withdraw the submission. The withdrawal was received prior to the receipt of a response from the concerned government Party.

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 07/06/2006

Withdrawal - Other document authored by Submitter(s) on 16/05/2006

June 8, 2006

Under guideline 14.1, the Secretariat proceeded no further with the submission and so informed to Council.

Notification - Other document authored by Secretariat on 08/06/2006