04823 - 2021 Date of Resolution: March 9, 2021 at 10:45 a.m. Case File: 04-008123-0007-CO Reviewed by: SALA CONSTITUCIONAL *040081230007CO* CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF JUSTICE. San José, at ten forty-five hours on the ninth of March two thousand twenty-one.
Amparo recourse processed in case file No. 04-008123-0007-CO, filed by WALTER BRENES SOTO, identity card number 206450800, on behalf of FEDERICO ARIAS CHACÓN, against ROBERTO DOBLES MORA, IN HIS CAPACITY AS MINISTER OF ENVIRONMENT AND ENERGY, MARÍA LUISA ÁVILA AGÜERO, IN HER CAPACITY AS MINISTER OF HEALTH, RODRIGO ARIAS SÁNCHEZ, IN HIS CAPACITY AS MINISTER OF THE PRESIDENCY, OLMAN CHACÓN GARITA, IN HIS CAPACITY AS MANAGER OF THE COSTA RICAN INSTITUTE OF AQUEDUCTS AND SEWERS, AND EDUARDO DORYAN GARRÓN, IN HIS CAPACITY AS EXECUTIVE PRESIDENT OF THE COSTA RICAN SOCIAL SECURITY FUND, OR WHOEVER EXERCISES THOSE POSITIONS IN THEIR STEAD, AS WELL AS THE MAYOR OF ATENAS, THE MAYOR OF SAN MATEO, THE MAYOR OF OROTINA, THE MAYOR OF PURISCAL, THE MAYOR OF TURRUBARES, THE MAYOR OF GARABITO, THE MAYOR OF SAN RAMÓN, THE MAYOR OF PALMARES, THE MAYOR OF NARANJO, THE MAYOR OF VALVERDE VEGA, THE MAYOR OF GRECIA, THE MAYOR OF ALAJUELA, THE MAYOR OF MORA, THE MAYOR OF POÁS, THE MAYOR OF BARVA, THE MAYOR OF SANTA BÁRBARA, THE MAYOR OF BELÉN, THE MAYOR OF FLORES, THE MAYOR OF SAN RAFAEL DE HEREDIA, THE MAYOR OF SAN PABLO DE HEREDIA, THE MAYOR OF MORAVIA, THE MAYOR OF SAN ISIDRO DE HEREDIA, THE MAYOR OF SANTO DOMINGO DE HEREDIA, THE MAYOR OF VÁSQUEZ DE CORONADO, THE MAYOR OF TIBÁS, THE MAYOR OF MONTES DE OCA, THE MAYOR OF CURRIDABAT, THE MAYOR OF ALAJUELITA, THE MAYOR OF ESCAZÚ, THE MAYOR OF SANTA ANA, THE MAYOR OF DESAMPARADOS, THE MAYOR OF LA UNIÓN DE TRES RÍOS, THE MAYOR OF CARTAGO, AND THE MAYOR OF SAN JOSÉ.
Whereas:
- 1By filing dated November 19, 2019, the petitioner accuses disobedience to what was ordered by this Chamber in judgment No. 2007005894 at 11:58 a.m. on April 27, 2007. He states that years have passed since the respondent authorities were ordered to adopt actions to comprehensively eliminate the sources of contamination that exist along the Río Grande de Tárcoles basin and to take measures to initiate the process of repairing the environmental damage, without said authorities having complied. He requests that the motion be granted.
- 2By resolution of the Presidency at 9:15 a.m. on January 7, 2021, the respondent authorities were notified.
- 3Román Macaya Hayes, Executive President of the Costa Rican Social Security Fund, reports that the institution has no cases of discharge of sludge or biosolids, whether treated or untreated, into the stormwater or sanitary sewer system. He assures that all waste is differentiated and identified in bags of different colors and compositions that allow for safe storage. Consequently, they have different contracts signed with managers authorized by the Ministry of Health, who are responsible for eliminating the waste in a safe manner. He states that, even since 2007, the institutional environmental policy has been strengthened and specialized areas have been created within the organizational structure that oversee and attend to waste management. Therefore, he requests that the recourse be dismissed.
- 4Marcelo Prieto Jiménez, Minister of the Presidency, reports that the Commission for the Integrated Management of the Río Grande de Tárcoles Basin (Comisión de Gestión Integral de la Cuenca del Río Grande de Tárcoles) has launched projects, investments, coverage, sanitation, management, and coordination among various institutions of the central and decentralized administration. He indicates that this has allowed for the comprehensive elimination of the sources of contamination that exist along the basin, in order to thus begin a process of repairing the environmental damage caused. He requests that the recourse be dismissed.
- 5Modesto Alpízar Luna, Mayor of the Municipality of Alajuelita, reports that this municipality belongs to the Commission for the Integrated Management of the Río Grande de Tárcoles Basin, under the responsibility of the National System of Conservation Areas (SINAC). For this reason, he states that they form part of a series of ecological projects, such as Ambientados and Ecolones, through which they have managed to clean and reforest the riverbeds (causes de los ríos). He also argues that they are working on the biobarrier project in the Río Tiribí to prevent river garbage from reaching the sea. He requests that the recourse be dismissed.
- 6Arnoldo Barahona Cortés, Mayor of the Municipality of Escazú, reports that this municipality has carried out numerous actions to support the work of the Commission for the Integrated Management of the Río Grande de Tárcoles Basin. As evidence, he provides official communications GU-190-2018, GA-100-2018, and GA-272-2020 from Urban Management and Environmental Management. He requests that the recourse be dismissed.
- 7Johnny Araya Monge, Mayor of the Municipality of San José, reports that what was ordered by this Chamber has been complied with and that they continue working on the implemented measures. He provides as evidence official communication DSA-0324-20 dated June 5, 2020, issued by the Head of the Department of Environmental Services. He requests that the recourse be dismissed.
- 8Tobías Murillo Rodríguez, Mayor of the Municipality of Garabito, reports that cleanup activities are coordinated in the sites most affected by solid waste (residuos sólidos) from the Tárcoles basin with a series of companies from the Greater Metropolitan Area. He assures that this municipality has supported the logistics of these activities and assumes the cost of the disposal fee for all the waste collected in each of the campaigns. Likewise, he indicates that Playa Tárcoles enrolled in the Ecological Blue Flag Program (Programa Bandera Azul Ecológica) in 2017 and, thanks to this, the community was organized for the maintenance of the beach. He clarifies that the remaining beaches were included in this program in 2019. He adds that they have been awarded the blue flag, which demonstrates the effort and work to improve the municipality's image. Furthermore, he points out that in 2019 a reforestation project of more than 60 hectares of coast was started, and that more than 2 hectares have already been planted. He indicates that they have an alliance with ICE for the donation of trees and are seeking donations from other companies for an irrigation system to solidify the project. He requests that the recourse be dismissed.
- 9Nixon Gerardo Ureña Guillen, Mayor of the Municipality of San Ramón, reports that, due to the vote issued by this Chamber, the Ministry of Environment and Energy created a commission to address the problems of the Río Tárcoles. This municipality joined said commission and is integrated within the Alajuela subcommission. He points out that, as stipulated in the report prepared by this commission in 2018, the Municipality of San Ramón has carried out the preparation of the document "Characterization and Diagnosis of the Río Grande Sub-basin, San Ramón, Alajuela, Costa Rica." Regarding water resources (recurso hídrico), a survey of wastewater (aguas servidas) discharges into the Quebrada Gata was carried out, and the Reforestation Protocol developed by the Municipality of San José was adopted. The municipality adjusted and updated the Solid Waste Management Plan, and worked on acquiring land to provide protection for the aquifer recharge zones of the Asadas.He relates that during 2018 and 2019, various environmental education workshops and a pictorial intervention campaign in public spaces were carried out. He mentions that there is a recycling management program, and several waste collection campaigns have been carried out in the Quebrada Gata, Río Cañuelas, and Quebrada la Prensa. In addition, he highlights that in 2015 a treatment plant was installed in the Comunidad el Progreso, in order to address the problem of blackwater (aguas negras). He requests that the recourse be dismissed.
- 10The Ministry of Environment and Energy provides as evidence the "Report of Actions Carried Out in Compliance with Resolution No. 2007-05894 (VOTO GARABITO)."
- 11The National System of Conservation Areas provides as evidence the reports titled "Work Report of the Commission for the Integrated Management of the Río Grande de Tárcoles Basin 2017" and the "Report of Actions Executed by the Commission for the Integrated Management of the Río Grande de Tárcoles Basin (CGICRGTárcoles) 2018." Likewise, it provides a report prepared by the Ministry of Health titled "Ordinary waste in 2018 in Costa Rica and that generated, collected, and uncollected in the 37 cantons of the Tárcoles Basin based on data reported by DPRSA to OCDE, NACIONES UNIDAS, CENIGA, MINAE, INEC."
- 12Eder José Ramírez Segura, Mayor of the Municipality of Flores, reports that a series of actions have been developed along the Río Quebrada Seca, as this directly affects the Río Grande de Tárcoles. He specifies that, in 2008, the Urban Regulatory Plan Zoning Regulation was published, which ordered the management of wastewater, stormwater, and the tree planting of green zones. Subsequently, in 2017, the Water Policy Regulation for the Canton of Flores was published, making this municipality the only one with a policy that regulates and restricts private building activity regarding wastewater management. In addition, he indicates that they have actively participated in the Commission for the Integrated Management of the Río Grande de Tárcoles Basin and in other projects that include cleanup campaigns, tree planting, and surveying of discharge points (desfogues). He even adds that the Municipality obtained the Ecological Blue Flag recognition in 2019. He requests that the recourse be dismissed.
- 13Alejandra Acuña Navarro, Vice Minister of Health, reports that they are part of the Commission for the Integrated Management of the Río Grande de Tárcoles Basin, and their representation is under the charge of the Directorate of Radiological Protection and Environmental Health. She states that the amount of waste uncollected by the Municipalities, District Councils, and Private Managers is less each year, and this is the result of the execution of the Municipal Plans agreed upon during the years 2016, 2017, and 2018, in the 37 main cantons that make up the Tárcoles Basin. She indicates that the Rectorate Areas exercise controls to minimize the contamination of surface water bodies, through the periodic receipt of operational reports that each generating entity must prepare. In addition, annual samplings are conducted on a selection of generating entities, and if a non-compliance with parameters is presented, a Sanitary Order (Orden Sanitaria) is issued. She comments that, in the same way, they verify that each of the projects evaluated by the Ministry has adequately functioning wastewater systems to mitigate environmental contamination. She adds that they also attend to complaints about the inadequate disposal of water. She requests that the recourse be dismissed.
- 14Humberto Soto Herrera, Mayor of the Municipality of Alajuela, reports that the compliance reports have been sent to this Chamber, along with all the information provided by the different municipalities and institutions belonging to the Commission for the Integrated Management of the Río Grande de Tárcoles Basin. He details that, in order to implement the work plan, the municipality carried out a series of activities during 2019, such as the following: the implementation of a reforestation protocol for the rehabilitation and maintenance of the Protection Areas (Áreas de Protección) prioritized for the springs (nacientes) Choyotera, Río Segundo, Rohmoser, and Los Herrera. He also mentions collection campaigns for non-traditional, recoverable, and agricultural waste (residuos no tradicionales, valorizables y agrícolas), in different zones and in coordination with multiple companies. Regarding the risk management focus area, he comments that assessments and monitoring were carried out in vulnerable zones to offer a prompt response to a climate situation.He indicates that monitoring of surface water quality was carried out and the micro-watershed (microcuenca) of the Río Ciruelas was delimited, as well as the invasion and discharge points (desfogues) in the protection areas. Likewise, the cartographic update of the micro-watershed of the Río Siquiares was made, and work was done on quantifying the wastewater generating entities with final disposal to the receiving body therein. The undersigned explains that resources are limited and support for these initiatives is almost nil, so it is necessary to promote them before financial entities and donors. Finally, he proposes the creation of an entity for the management of hydrographic watersheds and the implementation of a permanent human capital training program regarding natural resource management. He requests that the recourse be dismissed.
- 15Wilberth Martín Aguilar Gatjens, Mayor of the Municipality of Atenas, reports that constant monitoring of the actions necessary for improving the canton's environment is maintained. He assures that his Department of Environmental Management has managed specific actions to address the obligations derived from the resolution subject to this recourse, and therefore he does not consider any delay that could be a cause of liability for non-compliance. He requests that the recourse be dismissed.
- 16Jorge Antonio Acuña Prado, Mayor of the Municipality of Barva, reports that the Río Grande de Tárcoles does not flow through this canton; however, there are tributaries (afluentes) of it that form part of its basin, and therefore, in the same way, he assures that individual efforts and actions for its protection have been made. However, they also actively participate in the Commission for the Integrated Management of the Río Grande de Tárcoles Basin. Regarding their work as part of this commission, he indicates that it consisted of carrying out diagnostics, reports, and joint activities among institutions. He narrates that environmental education programs have been carried out in the canton's schools, as well as training for businesses and the general community. In turn, environmental projects and programs were developed to reduce the sources of contamination in the region's tributaries and to safeguard the protection areas.For example, he mentions that, between 2018 and 2019, the Project for Monitoring the Quality of Surface Water Bodies was implemented for the cantons of Heredia, Barva, Santo Domingo, Santa Bárbara, San Rafael, San Isidro, Belén, and San Pablo. He points out that, since then, Integrated Waste Management has been carried out. He makes the clarification that for the year 2021, the collection of information will begin on property owners who have illegal water discharge points (desfogues) into the Segundo, Quebrada Seca, and Porrosatti rivers. The undersigned considers that numerous actions have been taken to try to solve the problem, but it is impossible to fully comply with what was required in the short and medium term. He requests that the recourse be dismissed.
- 17Horacio Alvarado Bogantes, Mayor of the Municipality of Belén, reports that it participates in the National Commission for the Integrated Management of the Río Grande de Tárcoles Basin and in the Heredia Regional Subcommission, through its Environmental Unit. He states that since 2007, more than 10 thousand trees have been planted and that they even have a Cantonal Tree Planting Regulation (Reglamento Cantonal de Arborización). In 2011, a map of impacts and restrictions was made, with information that allows the population to identify non-buildable sites. It also has a program for monitoring the quality of the canton's tributaries, and since 2015, a cross-checked analysis of discharges to rivers from condominiums and businesses is carried out. He indicates that subsequently, in 2014, the purchase of the first farm for the protection of the municipality's water resources was made. Likewise, a treatment plant was built to address the wastewater management of 10% of the canton, and they are awaiting the purchase of more properties to continue with the construction of other plants.He narrates that families living in protection areas were relocated, and reforestation processes are being carried out in the spaces they previously occupied. He adds that, "the Assessment of the potential risk of vegetation on the banks of the Río Bermúdez in the canton of Belén" will be carried out in the coming months. He requests that the recourse be dismissed.
- 18Gilberth Jiménez Siles, Mayor of the Municipality of Desamparados, reports that a series of activities have been carried out to improve the conditions of the rivers belonging to the Tárcoles River basin. However, he claims that their efforts are overshadowed by those people who, despite education and awareness campaigns on cleaning and waste collection, ignore them and continue to mismanage their waste. He requests that the recourse be dismissed.
- 19Francisco Murillo Quesada, Mayor of the Municipality of Grecia, provides as evidence official communication SERAMB-0231-2020 of June 9, 2020. He requests that the recourse be dismissed.
- 20Cristian Torres Garita, Mayor of the Municipality of La Unión, reports on the actions carried out for the recovery of the Río Grande de Tárcoles. He explains that there has been participation in the Commission for the Integrated Management of the Río Grande de Tárcoles Basin and in the ABRA-Tárcoles subcommission. Likewise, he indicates that they have an Integrated Management of solid waste and water resources, which has allowed the development of a significant number of campaigns and projects. Therefore, he requests that the recourse be dismissed.
- 21Heibel Antonio Rodríguez Araya, Mayor of the Municipality of Poás, reports that he belongs to the Alajuela Subcommission. He describes that, for the most part, work is done on the upper part of the Río Grande de Tárcoles basin, and therefore the actions taken in this area are highly relevant from the standpoint of rehabilitation and recovery of the basin. He itemizes the actions executed since 2014, as the following projects have been developed: diagnostic reports for the analysis of the municipality's condition regarding waste management, water resources, environmental education, and planning. In the same year, municipal farms were maintained through tree planting and clearing of brush (chapia del charral) for fire prevention. Bi-monthly collection of non-traditional waste and the expansion of routes for the collection of recoverable waste were also provided. In 2016, a new Municipal Plan for the Integrated Management of Solid Waste was approved, and this allowed for the expansion of collection sectors, covering 90% of the canton.He highlights that in 2017, significant tree plantings were carried out and a forest-ornamental nursery was started for the recovery of protection zones. In 2019, collection and cleanup campaigns continued, as well as training regarding waste management. The undersigned considers it important to add that, despite the alteration of schedules during 2020, the Municipality received another Ecological Blue Flag certificate. Therefore, he requests that the recourse be dismissed.
- 22Verny Valerio Hernández, Mayor of the Municipality of San Rafael de Heredia, provides as evidence official communication MSRH-UGA-084-2020, prepared by the Municipal Environmental Manager. He requests that the recourse be dismissed.
- 23Gerardo Oviedo Espinoza, Mayor of the Municipality of Santa Ana, reports that the municipality has invested in treatment plants for blackwater and in regional studies on these. In addition, he points out that they carry out various projects for integrated solid waste management. It is noteworthy that they operate the first center for the recovery of recoverable materials, administered by a Municipality, in the industrial center modality. Furthermore, he indicates that Santa Ana is the pilot plan for the improvement of the Ecological Blue Flag Program-Educational Centers Category. He requests that the recourse be dismissed.
- 24Roberto González Rodríguez, Mayor of the Municipality of Santo Domingo de Heredia, reports that work has been done with the Project for Monitoring the Quality of Surface Water Bodies, also in environmental projects and programs to reduce the sources of contamination in the region's tributaries and to safeguard protection areas. He indicates that joint work has been done with other municipalities on environmental education programs and tree planting campaigns. He assures that constant inspections are carried out on the various riverbanks of the canton, in order to prevent possible sources of contamination and to take action if any are detected. Currently, what is necessary is being done to have feasibility studies for the development of a Sanitary Sewerage Master Plan. In addition, it is intended to relocate families residing in uninhabitable zones and who, therefore, are at socio-environmental risk, with help from the Ministry of Health and the National Emergency Commission (CNE). For the actions mentioned and others, he requests that the recourse be dismissed.
- 25Maikol Porras Morales, Mayor of the Municipality of Sarchí, reports that, in compliance with what was ordered by this Chamber, the waste collection service was changed and a company was hired that meets all the requirements for carrying out the collection, transport, treatment, and final disposal of ordinary and special management solid waste. This change drastically modified the environmental impact, as the service became effective, efficient, universal, and continuous. He points out that campaigns for raising awareness on Integrated Waste Management and Environmental Education are carried out, as a mechanism to guarantee the continuity of the project. He requests that the recourse be dismissed.
- 26Rafael Ángel Gutiérrez Rojas, Director of the Central Conservation Area (ACOSA), reports that the following actions have been taken in compliance with resolution No. 2007-05894 issued by this Chamber: The Commission for the Integrated Management of the Río Grande de Tárcoles Basin (CGICRG Tárcoles) was created, with the objective of generating a managing body in aspects of coordination, planning, protection, and rehabilitation through the design and joint construction of viable technical solutions that promote sustainable development, the quality of life of the population, the protection of natural resources, and the biodiversity of the territories included in said basin. He indicates that assemblies are held quarterly, and there are subcommissions that meet monthly. Among the actions carried out by this commission since 2016, he lists the following: “1. Contribute to the design and implementation of the Policy on tree cover (cobertura arbórea) and river protection areas in response to the Report of the Office of the Comptroller General of the Republic 2.Reforestation protocol for rehabilitation and maintenance in the protection areas of the GAM 3. The Water Directorate in coordination with the AyA, with support from the GEF-Crew funds project, developed workshops for Asadas, and the preparation of a document called ‘Foundations for Wastewater Management’ 4. With support from SINAC-MINAE, the Tree Collection Center was established in the San Fernando Project; additionally, reforestation campaigns were carried out on the Río Tibás, the Amapola Spring (Naciente Amapola), and different areas of the cantons 5. Composting families were trained, water harvesting projects were carried out in educational centers, and information campaigns were executed via rotation of Ley 8839 6. The purchase of 25 hectares in four properties was carried out for the protection of forest and bodies of water with funds from the ESPH S.A. water tariff 7. Diagnosis of the micro-watersheds of Siquiares and Ciruelas. 8.Methodologies for the collection of geo-data were applied in Quebrada Matías, Río Siquiares, and the micro-watershed of the Río Concepción to digitally delimit the lands and protection areas. 9. In the Río Siquiares and the micro-watershed of the Río Concepción, protection areas were established using the alignments established by the INVU and by the Regulatory Plan (Plan Regulador) of each Canton. 10. Investigate the conditions of 5 ASADAS located in the Garcimuñoz Biological Corridor 11. Survey of companies, industries, or residential developments (urbanizaciones), and private properties with discharge points (desfogues) in 100% of the micro-watershed of the Río Siquiares. 12. Municipal agreement with all the education boards of the 16 educational centers of the canton of Poás; an instrument that allowed for raising awareness among more than 4200 families on the proper separation of recoverable waste. 13.Creation of the Environmental tax on non-returnable plastic containers. (Green Tax – MINAE and Hacienda Versions (2016)). 14. Within the Greater Metropolitan Area, an inventory of suppliers and offerors in the Costa Rican market was obtained, including substitutes for single-use plastics. 15. Management Plan for the Interurban Biological Corridor of the Río Torres, Biosphere Reserve 16. Inspections and notifications of invasion of protection areas 17. Ecological rehabilitation through reforestation in the protection areas of the Interurban Biological Corridor Río Torres 18. Project ‘promoting and facilitating the integrated and sustainable management of the upper zone of the Tiribí River micro-watershed’ 19. Determine the water quality of the hydrographic watersheds found in the Garcimuñoz Biological Corridor through the presence of macroinvertebrates. 20. In the Canton of Garabito, a survey of invaded protection areas in the Río Copey urban sector (Jaco-Garabito) was carried out, and the owners were identified.The total invaded area was 3663.49 m². 21. The Canton of Mora updated the geographic information system database with the location of springs and watercourses, and a map was also developed for the Pacacua River basin with delimitation of the protection areas, invaded sectors, order of tributaries in the micro-watershed, and partial and total lengths of the watercourses. 22. In the Canton of Puriscal, regarding the application of the plan for integrated solid waste management, a public hearing was held and approval was given by the Municipal Council. 23. In the canton of Escazú, talks on the separation of ordinary, recoverable, and organic waste were given to the community and in Educational Centers, implementing the Takakura composting technique. 24. The Municipality of Puriscal executed actions for incident response, damage assessment, and procurement of resources for restoration. 25. The municipality of Santo Domingo prioritized the quantification of illegal wastewater generating entities with final disposal into the receiving body in the Tibás and Bermudez Rivers, where a total of 50 points were counted. 26.The Heredia subcommission executed surface water quality monitoring under the technical criteria established in the ‘National Plan for Monitoring the Quantity of Surface Water Bodies of the Water Directorate’, at the following sites: drinking water supply tanks, Río Pará Blanco, Río Paracito, Río Pará Grande, Río Lajas above, Río Lajas below, Río Tibasito above, Río Tibasito below, Río Tibás, Río Tierra Blanca, 11 sampling points in the 4 rivers that pass through Belén, and all springs and wells administered by the institution. 27. Regarding ecosystem rehabilitation, it was determined to carry out planting and reforestation in the protection areas of the rivers, in areas of parks, educational centers, and cemeteries.” Furthermore, the undersigned indicates that the Integrated Management Plan for the Río Grande de Tárcoles Basin is in the process of being developed, through which actions and projects to be followed for the integrated management of the hydrographic watershed can be identified. He requests that the recourse be dismissed.
- 27Carlos Manuel Rodríguez Echandi, Minister of Environment and Energy, reports in the same sense as the Director of the Central Conservation Area.
- 28Mario Redondo Poveda, Mayor of the Municipality of Cartago, reports that joint work was done with the Municipality of La Unión to provide environmental education to different groups. In turn, participation occurred in an inventory and mapping of the entire spring (nacientes) basin and review of illegal intakes in the upper zone to have control over the water resource. Starting in 2018, the comprehensive training program for farmers in the Central Canton of Cartago was developed. Its objective is to provide access to information on good agricultural practices for environmental protection. However, the undersigned makes the clarification that there is no contamination generated in the upper part of the Tiribí River located in Cartago.
Requests that the appeal be dismissed.
- 29Ronaldo Méndez Soto, Mayor of the Municipalidad de Vázquez de Coronado, reports that the municipality is working on exercising greater environmental control over the works and constructions existing in the basin, in the management of both wastewater and blackwater. He indicates that linkages were established with various institutions, such as the Instituto Nacional de Acueductos y Alcantarillados and the Secretaria Nacional de Salud Animal, for the management of blackwater and agricultural production wastewater. Likewise, cooperation was established with MINAE for the safeguarding of protection zones. For its part, he assures that internally, various collection and cleaning services are maintained. Furthermore, he adds that an environmental mapping is being carried out. Requests that the appeal be dismissed.
- 30Jimmy Cruz Jiménez, Mayor of the Municipalidad de Curridabat, reports that many actions have been taken related to sources of contamination from solid and liquid waste, as well as investment of public resources in the constitutional order. He points out, specifically, that the municipality has collaborated in the formulation of the national strategy for Ríos Limpios and in the implementation of the prototype defined in the Corredor Biológico María Aguilar. Requests that the appeal be dismissed.
- 31Alfonso Jiménez Cascante, Mayor of the Municipalidad de Mora, reports that, as part of its measures for the elimination of sources of contamination, the separate collection service for recoverable materials is offered, changes were made to the tariff model for the ordinary solid waste collection service, and the street sweeping service was implemented in the urban center of Ciudad Colón. Requests that the appeal be dismissed.
- 32Roberto Zoch Gutiérrez, Mayor of the Municipalidad de Moravia, submits official communication CAAM-017-08-2020, issued by the Municipal Environmental Comptroller, as evidence. Requests that the appeal be dismissed.
- 33Juan Luis Chaves Vargas, Mayor of the Municipalidad de Naranjo, reports that, since 2016, the Environmental Management Department was established, which has carried out cleanup campaigns, environmental fairs, tree planting, and citizen education programs on solid waste management. He notes that the waste collection service was changed for one that is more effective, efficient, universal, and continuous. This waste is disposed of at the Parque de Tecnología Ambiental Azcarrí, a site that holds all necessary permits for its operation. He assures that the municipality participates in bimonthly meetings of the Subcomisión de Alajuela and in quarterly meetings of the Comisión para la Gestión Integral de la Cuenca del Río Grande de Tárcoles. As a result of these meetings, a campaign was successfully carried out for the collection of agrochemical waste and tires, as well as training sessions. Requests that the appeal be dismissed.
- 34Benjamín Rodríguez Vega, Mayor of the Municipalidad de Orotina, considers that the alleged disobedience has not been incurred. He submits report MO-A-DPDT-UGA-085-2020 from the Unidad de Gestión Ambiental as evidence. Requests that the appeal be dismissed.
- 35Katherine Ramírez González, Mayoress of the Municipalidad de Palmares, reports that cleaning, maintenance, and recovery processes for the Río Grande de Tárcoles basin have been carried out. Specifically, she indicates that they are working on the construction of a wastewater treatment plant that will begin operations in 2023. She also mentions that they work with the municipal commission for the Plan Regulador and on verifying compliance with the contractual conditions of the company contracted for waste collection in the canton. Therefore, she requests that the appeal be dismissed.
- 36Iris Cristina Arroyo Herrera, Mayoress of the Municipalidad de Puriscal, submits official communication MP-AM-CU-GA-122-2020, issued by the Environmental Management Department, as evidence, which details the specific actions for the environmental improvement of the canton. Requests that the appeal be dismissed.
- 37Ana Lidieth Hernández González, Mayor of the Municipalidad de San Isidro de Heredia, reports that a series of efforts have been carried out through the Comisión para la Gestión Integral de la Cuenca del Río Grande de Tárcoles and the Subcomisión de Heredia. Apart from these, she assures that there are constant individual efforts. For example, she mentions the application and updating of the Canton's Plan Regulador for the insertion of the environmental variable and the hydrogeological vulnerability map. Likewise, she states that the Environmental Unit has attended to complaints on this matter and provided support to the governing bodies for the surveillance of the canton's tributaries since 2011. She points out that since 2017, they have had an urban tree-planting program and an inventory of trees in public areas, along with the creation of the Corredor Interurbano Río Pará Toyopan. She adds that at least two cleanup campaigns are carried out per year with the support of community organizations and that they have the Plan de Gestión Integral de Residuos Sólidos. Requests that the appeal be dismissed.
- 38Bernardo Porras López, Mayor of the Municipalidad de San Pablo de Heredia, reports that work has been done at the national level with the Comisión Nacional para la Gestión Integral de la Cuenca del Río Grande de Tárcoles and in the regional Subcomisión de Heredia. Now, regarding the actions taken at the local level, he describes that the Plan Regulador is under development, that the Environmental Unit continues to provide attention and support to complaints, and that the Environmental Education program has been taught since 2016. Furthermore, they have a Municipal Program for Integrated Solid Waste Management and Sanitary Sewerage. He describes that an inventory of trees, shrubs, and plants located in each canton was carried out to know where to plant trees. The relocation of families who were in protection areas of the río Bermúdez was also carried out during 2018 and 2019. Requests that the appeal be dismissed.
- 39Marcel Soler Rubio, Mayor of the Municipalidad de Montes de Oca, submits official communication OGA-99-2020 from the Oficina de Gestión Ambiental as evidence and requests that the appeal be dismissed.
- 40Carlos Luis Cascante Duarte, Mayor of the Municipalidad de Tibás, reports that, at the local level, work is being done on the cleaning of roads, sewers, and water bodies. They have a series of programs, among them, one for permanent waste collection and a composting program that started in 2019. They comment that other projects are under execution, such as the Tibás Libre de Plástico Cantonal Strategy. They also mention, within their efforts, tree-planting processes, an inventory of the stormwater network of the San Juan district, support for volunteering, elimination of illegal dumpsites, outreach to Proyecto Rutas Naturbanas, and obtaining the Bandera Azul Ecológica award. Requests that the appeal be dismissed.
- 41Giovanni Madrigal Ramírez, Mayor of the Municipalidad de Turrubares, reports that this municipality does not have its own protection areas, so it coordinates and participates jointly with others in the protection of forest cover (cobertura forestal). It also does not register precarious settlements or constructions encroaching upon the protection area of the Río Grande de Tárcoles basin. He denies that there is any industry or activity that generates any type of discharge, such that water contamination is practically nil. That is to say, he considers that this canton provides water that helps dilute contamination. However, he points out that an annual reforestation campaign has been carried out since 2015 and waste collection campaigns since 2016. He adds that the residents have also contributed by placing waste collection baskets in different sectors. Therefore, he requests that the appeal be dismissed.
- 42Víctor Manuel Hidalgo Solís, Mayor of the Municipalidad de Santa Bárbara de Heredia, reports that activities have been carried out in joint efforts with other municipalities and institutions of Heredia, since the creation of the Comisión de Gestión Integral de la Cuenca del Río Grande de Tárcoles and the Subcomisión de Heredia. Requests that the appeal be dismissed.
- 43That according to the certification issued by the Secretariat of this Chamber on January 27, 2021 - which is recorded in the electronic case file - the respondent, the Mayor of the Municipalidad de San Mateo, did not appear from June 5 to 9, 2020, nor did he submit any written brief or document to render the report requested of him in the resolution handed down at 9:15 a.m. on January 7, 2021.
- 44In the proceedings followed, the legal prescriptions have been observed.
Justice Hernández López writes; and,
Considering:
I. REGARDING THE MOTION OF DISOBEDIENCE RAISED
In the case under study, the petitioner files a motion of disobedience regarding judgment No. 2007005894 of 11:58 a.m. on April 27, 2007. He states that years have passed since the respondent authorities were ordered to adopt actions to comprehensively eliminate the sources of contamination that exist along the Río Grande de Tárcoles basin and to take measures to begin the process of repairing the environmental damage, without those authorities having complied therewith. In this regard, it is noted that the resolution claimed as uncomplied with ordered, in what is relevant: “The appeal is granted. Roberto Dobles Mora, in his capacity as Minister of Environment and Energy, María Luisa Ávila Agüero, in her capacity as Minister of Health, Rodrigo Arias Sánchez in his capacity as Minister of the Presidency, Olman Chacón Garita, in his capacity as Manager of the Instituto Costarricense de Acueductos y Alcantarillados, and Eduardo Doryan Garrón in his capacity as Executive President of the Caja Costarricense de Seguro Social, or whoever holds those positions in their stead, as well as the Mayor of Atenas, the Mayor of San Mateo, the Mayor of Orotina, the Mayor of Puriscal, the Mayor of Turrubares, the Mayor of Garabito, the Mayor of San Ramón, the Mayor of Palmares, the Mayor of Naranjo, the Mayor of Valverde Vega, the Mayor of Grecia, the Mayor of Alajuela, the Mayor of Mora, the Mayor of Poás, the Mayor of Barva, the Mayor of Santa Bárbara, the Mayor of Belén, the Mayor of Flores, the Mayor of San Rafael de Heredia, the Mayor of San Pablo de Heredia, the Mayor of Moravia, the Mayor of San Isidro de Heredia, the Mayor of Santo Domingo de Heredia, the Mayor of Vásquez de Coronado, the Mayor of Tibás, the Mayor of Montes de Oca, the Mayor of Curridabat, the Mayor of Alajuelita, the Mayor of Escazú, the Mayor of Santa Ana, the Mayor of Desamparados, the Mayor of La Unión de Tres Ríos, the Mayor of Cartago, and the Mayor of San José, are ordered to immediately adopt the necessary actions to comprehensively eliminate the sources of contamination that exist along the Río Grande de Tárcoles basin and to take measures to begin the process of repairing the environmental damage caused in that basin, to the extent that this is possible, for which purpose they must carry out the coordination that the case merits, aimed at comprehensively solving the problem that is the object of this amparo and that has led to its granting.
(…)” In this regard, the respondent authorities inform this Chamber of the distinct actions and inter-institutional coordination carried out – over the years – within the scope of each of their competences to comply with what was ordered in the judgment claimed as uncomplied with. In that sense, given the time elapsed since the issuance of the pronouncement being claimed - being 14 years - it is considered that the factual picture analyzed on that occasion would not correspond to the current reality of the problem denounced at that moment. Likewise, observe that the representatives of the distinct respondent authorities have varied over the years, nor does the petitioner indicate what the omissions are by the respondent authorities that have led to the alleged non-compliance he claims, despite the distinct actions brought to the attention of this Chamber in the legally rendered reports. In light of the foregoing, it is considered that there are no elements that would allow the disobedience raised to be accredited.
Similarly, the petitioner is advised that if he considers that there have been omissions or actions on the part of the respondent authorities that have prevented comprehensively solving the pollution problem of the Río Grande de Tárcoles, he must raise this as a new amparo appeal, in which he must detail clearly, precisely, and concisely each of those actions or omissions, as well as the presumed authorities responsible for such situation. Consequently, the formulated motion of disobedience is dismissed.
II. DOCUMENTATION PROVIDED TO THE CASE FILE
This Chamber must warn the petitioner that if any document has been provided, whether on paper, as well as objects or evidence backed by any additional device, or by electronic, computer, magnetic, optical, telematic means, or produced by new technologies, these must be withdrawn from the office within a period of 30 business days after receiving notification of this judgment; otherwise, everything will be destroyed in accordance with the provisions of the “Reglamento sobre Expediente Electrónico ante el Poder Judicial,” approved by the Corte Plena in session No. 27-11 of August 22, 2011, article XXVI, and published in the Boletín Judicial number 19 of January 26, 2012, as well as in the agreement approved by the Consejo Superior del Poder Judicial, in session No. 43-12 held on May 3, 2012, article LXXXI.
THEREFORE:
The formulated motion of disobedience is dismissed.
Fernando Castillo V.
President Paul Rueda L.
Nancy Hernández L.
Luis Fdo. Salazar A.
Jorge Araya G.
Anamari Garro V.
Ileana Sánchez N.
Telephones: 2549-1500 / 800-SALA-4TA (800-7252-482). Fax: 2295-3712 / 2549-1633. Electronic address: www.poder-judicial.go.cr/salaconstitucional. Address: (Sabana Sur, Calle Morenos, 100 mts.Sur de la iglesia del Perpetuo Socorro). Reception of matters from vulnerable groups: Edificio Corte Suprema de Justicia, San José, Distrito Catedral, Barrio González Lahmann, calles 19 y 21, avenidas 8 y 6 It is a faithful copy of the original - Taken from Nexus.PJ on: 09-05-2026 09:01:44.