CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF JUSTICE. San José, at nine hours twenty minutes on the fourteenth of August two thousand twenty-five.
Amparo action filed in case file No. 25-018978-0007-CO, brought by Nombre42521, identification number CED33875, against the INSTITUTO DE ACUEDUCTOS Y ALCANTARILLADOS (AYA) and the MINISTERIO DE SALUD (MS).
Whereas:
- 1By document uploaded to the Online Case Management System of this Office on June 30, 2025, the petitioner brings an amparo action against the Instituto Costarricense de Acueductos y Alcantarillados and the Ministerio de Salud. She states that "(...) 1. On January 12, 2015, Executive Decree No. 38924-S, titled 'Reglamento para la Calidad del Agua Potable', was published, with the main objective of guaranteeing access to quality drinking water for the entire population, in accordance with the highest standards of protection and management of water for human consumption. 2. Recently, through Executive Decree No. 45019-S, fundamental aspects of the regulation were modified, including Table 5 and the incorporation of Table 6 into Appendix 1 (Anexo 1), as well as changes in Articles 2 and 4 (Artículo 2 y 4). Said modifications establish maximum admissible values (valores máximos admisibles, VMA) for various pesticides and pesticide metabolites in drinking water. 3.Among the changes made, the following stand out: a. The setting of an 'Alert Value' (VA) of 0.10 µg/L for individual pesticides and 0.50 µg/L for total pesticides, with the possibility of adjusting these values through a so-called 'specific risk analysis' coordinated by the Ministerio de Salud. The establishment of an 'Alert Value' (VA) of 0.10 µg/L for individual pesticides and 0.50 µg/L for total pesticides opens the possibility that dangerous levels of chemical substances persist in drinking water before measures are taken. Chronic exposure, even at low concentrations, is linked to health problems such as cancer, endocrine disruption, and neurological damage, especially in vulnerable populations such as children and pregnant women. b. The incorporation of new chlorothalonil metabolites in drinking water with maximum admissible values ranging from 12 to 80 µg/L. These values exceed those established in the previous version of the regulation by up to 800 times.Chlorothalonil metabolites are concerning because studies have indicated that chlorothalonil and its degradation products can have toxic effects. For example, some of these metabolites are potentially carcinogenic and genotoxic, which implies significant risks to human health, especially if consumed cumulatively. Furthermore, there is no basis for seeking to increase the maximum admissible values of chlorothalonil metabolites, considering resolution 2023-13384 of the Constitutional Chamber (Sala Constitucional) ordering the adoption and execution of the recommendations of the report titled 'Informe Técnico Clorotalonil' of April 14, 2023, issued by the Ministerio de Salud, the Ministerio de Ambiente y Energía, and the Instituto Costarricense de Acueductos y Alcantarillados, in which the prohibition of the pesticide is recommended. 4. These modifications not only relax the previous standards but also contravene fundamental principles related to the right to health and a healthy environment (ambiente sano), guaranteed by the Political Constitution and the international treaties signed by Costa Rica. 1.Right to Health (Article 21 of the Political Constitution): Health is a fundamental right protected by the Constitution. The quality of drinking water is essential to guarantee the health of the population. The maximum admissible values established in the challenged decree do not comply with international protection standards and, by allowing higher concentrations of pesticides and metabolites, expose the population to unacceptable risks. 2. Right to a healthy and ecologically balanced environment (Article 50 of the Political Constitution): This right includes access to quality natural resources, such as drinking water. The modifications introduced by the decree violate this right by allowing pollutants in concentrations that could negatively affect human health and ecosystems. 3. Precautionary Principle: This principle, recognized in environmental law, requires authorities to act cautiously in the face of potential serious or irreversible damage to the environment or human health, even in the absence of absolute scientific certainty.The relaxation of limits for pesticides and metabolites contradicts this principle. 4. International Treaties: Costa Rica is a signatory to various international instruments, such as the International Covenant on Economic, Social and Cultural Rights and the Protocol of San Salvador, which recognize the right to safe and quality drinking water as part of the right to an adequate standard of living. (sic) (...)". She considers that the foregoing violates the right to health, right to a healthy and ecologically balanced environment, the precautionary principle, and international treaties. She requests that the action be granted, that the immediate suspension of the effects of the challenged decree be ordered, with respect to the modifications made to the Reglamento para la Calidad del Agua, and that the competent authorities be ordered to review and adjust the regulation to international drinking water quality standards and the precautionary principle, guaranteeing the effective protection of the right to health and a healthy environment, and to communicate the ruling to the authorities for its immediate compliance.
- 2By document added to the electronic case file on July 16, 2025, María Alejandra Mora Segura, General Manager of the Instituto Costarricense de Acueductos y Alcantarillados, reports in the following terms: FIRST: It is true. SECOND: It is true. THIRD: It is true with rectifications. However, what is stated in this fact is specific to the Ministerio de Salud; it is necessary to mention the report MS-DPRSA-USA-2226-2024 "INFORME INDICE RIESGO 8 METABOLITOS CLOROTALONIL", dated November 01, 2024, whose conclusions and recommendations state: (...) "CONCLUSIONS AND RECOMMENDATIONS In this study, the Acceptable Daily Intakes (IDAs) of the Chlorothalonil (CTL) metabolites Placa8214, Placa8215, Placa8216, and Identificacion105 were estimated, and these values were compared to determine guide values for adults and children. After a thorough and exhaustive analysis of the scientific literature and reports from various Pesticide Regulation Agencies, it was determined that for the metabolites Placa8217, Identificacion106, Identificacion107, and Placa8218, the most conservative values would be used to establish the guide values for both adults and children, corresponding to the parent compound (CTL), and it was determined that the most restrictive IDA was 0.010 mg/kg body weight per day (APVMA).Subsequently, water quality monitoring data from different ASADAS and aqueduct systems were used for the risk assessment for water for human consumption. The maximum, minimum, mean, and median values of CTL metabolites in the water were analyzed. Risk quotients were calculated by dividing the concentration of each metabolite by its respective guide value (for both adults and children). These quotients allow for the evaluation of whether the concentrations of metabolites in the water exceed the established guide levels. None of the risk quotients for adults and children exceeded the guide value. This indicates that the concentrations of CTL metabolites in the water are below the levels considered safe according to the guide values. Additionally, the percentages of the IDA were calculated based on different water consumption scenarios, including the maximum, minimum, mean, and median values.These percentages were obtained by comparing the daily amount of each metabolite ingested through water with its respective IDA. Additionally, guide values were determined for adults and children based on the most restrictive IDAs. These guide values were used to calculate the Maximum Tolerable Admissible Values (VMAT) by applying an additional protection factor of 20%, establishing the VMAT at 80% of the guide value. This measure ensures an additional safety margin for public health protection. Subsequently, the RISK21 risk management tool was used to graph and characterize the risks with the values of the national regulation and compare them with those estimated from the VMAT calculations for adults and children. In all cases, it could be observed that the risk using the regulatory values is overestimated because they do not consider the toxicological data of each individual metabolite.The results show that, in no case, neither for adults nor for children, is 100% of the IDA exceeded, even under the worst-case scenario. The analyses indicate that dietary risks derived from the consumption of water with CTL residues and its metabolites are within the acceptability margin for the general population and children. Similarly, when the risk for the four metabolites is jointly estimated as the sum of CTL in RISK21, it is observed that the regulatory limit indicates an unacceptable risk; however, the estimated dietary risk values show that the risk is acceptable, even in the worst-case scenario. This means that the concentrations found in the monitoring do not represent a significant risk to health. In summary, the guide levels, like the IDAs, are not exceeded, ensuring that the consumption of water with the detected concentrations of CTL and its metabolites is safe for all population categories evaluated.This result provides supporting scientific information for regulatory authorities to implement risk mitigation measures in water for human consumption for CTL metabolites." (emphasis is not from the original) As can be observed, from the report issued, what was stated by the petitioner misrepresents what was stated in the report issued by the Ministerio de Salud. Regarding the Deputy's statement about (...) "Furthermore, there is no basis for seeking to increase the maximum admissible values of chlorothalonil metabolites, considering resolution 2023-13384 of the Constitutional Chamber ordering the adoption and execution of the recommendations of the report titled 'Informe Técnico Clorotalonil' of April 14, 2023, issued by the Ministerio de Salud, the Ministerio de Ambiente y Energía, and the Instituto Costarricense de Acueductos y Alcantarillados, in which the prohibition of the pesticide is recommended."; it must be considered that, through Executive Decree 44280-S-MAG-MINAE, published in Supplement No. 237 to La Gaceta No. 223 of November 30, 2023, the prohibition of the registration, importation, exportation, manufacture, formulation, storage, distribution, transport, repackaging, refilling, handling, sale, mixing, and use of raw materials or formulated products containing the active ingredient CHLOROTHALONIL was decreed, as established in Article 1 of said executive decree; meaning that what was stated in the inter-institutional report issued has been fulfilled.It should be added that, despite the decreed prohibition, what is established in the "INFORME INDICE RIESGO 8 METABOLITOS CLOROTALONIL" (Chlorothalonil Metabolites Risk Index Report) must be considered, which indicates: (...) "Due to the persistence of chlorothalonil metabolites, such as 2-carbamoyl-3,5,6-trichloro-4-cyanobenzenesulfonic acid, it is necessary to implement measures while environmental attenuation occurs that not only focus on the prevention of future contamination but also on the mitigation of their long-term effects. Studies have shown that the half-life of some of these compounds can be considerably prolonged, with DT₉₀ values of 1344 days and DT₅₀ of 1000 days under laboratory conditions and modeling. This implies that, once in the environment, these contaminants could persist for years before their concentrations decrease significantly. Therefore, remediation actions must be maintained over time to manage the environmental legacy of these metabolites and protect both ecosystems and the human population." (...).From the foregoing, it is clear that the persistence of chlorothalonil metabolites could last for years; therefore, the Ministerio de Salud, in accordance with its powers, adopted the necessary measures until the environmental deconcentration of the metabolites occurs. It must be emphasized that the modification of the Reglamento para la Calidad del Agua is the competence of the Ministerio de Salud. FOURTH: It is not true, if the report issued and the actions adopted by the Ministerio de Salud in accordance with its powers are taken as a reference; the petitioner does not provide any scientific evidence to refute the actions adopted by said Ministry.
- 3By document dated July 15, 2025, Dr. Mary Denisse Munive Angermüller, Vice President of the Republic and Minister of Health, reports in the following terms: "(...) Official Note MS-DPRSA-0437-2025: "... (...)… This report is prepared with the purpose of providing the technical criterion of the Radiation Protection and Environmental Health Directorate (Dirección de Protección Radiológica y Salud Ambiental), through the Environmental Health Unit (Unidad de Salud Ambiental), regarding the allegations indicated in the action, especially with regard to the establishment of alert values and maximum admissible values for metabolites of the pesticide chlorothalonil in water intended for human consumption. Regulatory Context The Reglamento para la Calidad del Agua Potable, Executive Decree No. 38924-S of January 12, 2015, establishes the sanitary requirements that water intended for human consumption must meet in Costa Rica, including the maximum admissible values (VMA) for a series of physical, chemical, and microbiological parameters.Surveillance of its compliance corresponds to the Ministerio de Salud, in accordance with the provisions of Article 6 (Artículo 6) of said regulation, in concordance with what is established in the Ley General de Salud (Law No. 5395), particularly in its articles 265, 266, and 268. The reform introduced through Executive Decree No. 45019-S (published in La Gaceta No. 115 of June 24, 2025) incorporated the following elements of technical relevance: • An Alert Value (VA) of 0.10 μg/L for individual pesticides and 0.50 μg/L for the total sum of pesticides. • A new Table 6 (Cuadro 6) with Risk-Adjusted Maximum Admissible Values (VMAAR) for eight chlorothalonil metabolites, the product of an official dietary risk assessment developed jointly with the Pan American Health Organization (OPS). Situation in the Northern Zone of Cartago and Basis for the Risk Assessment. Since 2021, the Ministerio de Salud, together with the Instituto Costarricense de Acueductos y Alcantarillados (AyA), has been addressing an urgent public health situation related to the presence of chlorothalonil pesticide metabolites in water sources for human consumption in the northern zone of the Cartago canton, in the cantons of Oreamuno and Alvarado.Analyses conducted by the IRET-UNA and CICA-UCR laboratories confirmed concentrations of various metabolites in springs (nacientes) used by local ASADAS. Some of these compounds exceeded 0.1 μg/L, which was the generic value used as a reference according to Appendix 1 (Anexo 1) of the Reglamento para la Calidad del Agua Potable (Decree No. 38924-S). Given this situation, and considering that several of these metabolites did not have specific guide values in the current regulation, the Ministerio de Salud requested technical assistance from the Pan American Health Organization (OPS) to conduct a specific dietary risk assessment for these compounds. The assessment was motivated by the following reasons: • Absence of specific regulatory values for chlorothalonil metabolites, which hindered proportional and technically sound regulatory decision-making. • Need to protect public health without incurring disproportionate restrictive measures. • Application of the precautionary principle based on updated scientific evidence, which allows for differential risk management according to the actual toxicity of each metabolite.As a result, a rigorous technical-scientific analysis was conducted, consolidated in the report MS-DPRSA-USA-2226-2024, through which guide values for adults and children were estimated, and the Risk-Adjusted Maximum Admissible Values (VMAAR) were defined with a 20% protection factor applied to the toxicological reference values, following international methodologies endorsed by the WHO, EPA, and EFSA. (OPS Technical Report – Dietary Risk Assessment of Chlorothalonil Metabolites (CIR Report 2024)). What is a risk assessment and how were the VMAARs defined? A human health risk assessment is a technical-scientific process that allows for estimating whether exposure to a chemical substance represents a health hazard. This procedure is based on methodologies recognized internationally by organizations such as the World Health Organization (OMS), the United States Environmental Protection Agency (EPA), and the European Food Safety Authority (EFSA).The risk assessment developed for chlorothalonil metabolites comprised the following stages: Hazard Identification Eight chlorothalonil metabolites that have been detected in drinking water sources in the northern zone of Cartago were identified. Some of these compounds have shown genotoxic, carcinogenic potential, or chronic effects in experimental studies, while others do not present conclusive evidence of relevant toxicity. Dose-Response Assessment For each metabolite, chronic toxicological studies in animals (rats, mice, dogs, and rabbits) were reviewed to determine the No Observed Adverse Effect Level (NOAEL). Based on this value, the Acceptable Daily Intake (IDA) for humans was calculated, applying safety factors to protect vulnerable groups such as children, the elderly, or people with chronic diseases. Exposure Assessment The results of sampling carried out in 75 supply sources in the affected area were analyzed, and the actual concentrations to which the population would be exposed were estimated.The assessment considered both acute and chronic exposures, as well as daily water consumption scenarios. Risk Characterization and Definition of VMAARs From the guide values obtained (in μg/L), the Risk-Adjusted Maximum Admissible Values (VMAAR) were defined, applying an additional 20% protection factor to ensure a safety margin against analytical uncertainties and population variability. This approach guarantees that the permitted concentrations do not represent an unacceptable risk, even in prolonged exposures. Validation and Regulatory Endorsement The assessment was developed with technical support from the OPS, and its results were consolidated in the report OPS_Informe CTL_Ministerio de Salud CIR. The VMAARs derived from this process were formally adopted through Ministerial Resolution MS-DM-2187-2025, as a transitory measure of proportional and legally supported application, while the regulatory reform process concluded.Response to the Allegations in the Action On the Alert Value (VA) The Alert Value (VA) introduced in Table 5 (Cuadro 5) of Appendix 1 (Anexo 1) of Executive Decree No. 45019-S aims to establish a preventive threshold to activate risk analysis processes before a concentration is reached that represents an unacceptable risk to human health. The value of 0.10 μg/L for individual pesticides and 0.50 μg/L for total pesticides is aligned with the approach adopted in various international jurisdictions, such as the European Union, where these values act as triggers for corrective actions, not as permissible limits. The VA does not replace the maximum admissible values (VMA) established by the regulation but operates as an early surveillance tool that strengthens the Ministerio de Salud's capacity to respond to contamination events, activating technical-toxicological risk assessments immediately and in a focused manner.On the Maximum Values for Chlorothalonil Metabolites (VMAAR) The setting of Risk-Adjusted Maximum Admissible Values (VMAAR) for eight chlorothalonil metabolites does not constitute an arbitrary relaxation of the regulation. On the contrary, it responds to a structured technical assessment requested by the Ministerio de Salud and developed with the support of the Pan American Health Organization (OPS), as established in the report MS-DPRSA-USA-2226-2024. The VMAARs were calculated based on: • Validated toxicological data, including NOAEL studies and estimates of Acceptable Daily Intake (IDA); • Protection factors of at least 100-fold, plus an additional 20% margin, resulting in conservative values; • A precautionary approach that prioritizes the protection of vulnerable populations. On the Precautionary Principle and the Constitutional Chamber Judgments The application of the VAs and VMAARs is in full compliance with the precautionary principle, enshrined in national legislation (Ley General de Salud, Ley de Biodiversidad) and international law.The Constitutional Chamber, through Voto 2023-25650, indicated that the use of technical values must be legally supported but did not question their scientific validity. In response to that observation, the Ministerio de Salud issued Resolution MS-DM-2187-2025 to provide legal support for the VMAARs and thus align institutional action with current jurisprudence while the reform Executive Decree No. 45019-S was signed and published. Additionally, Judgment No. 17950-2017 of the Constitutional Chamber establishes that the application of more rigorous standards cannot be suspended by transitory rule without technical justification, which reinforces the importance that any adjustment be based on scientific evidence and risk analysis, as has been the present case. On International Standards and Scientific Evidence The methodology applied by the Ministerio de Salud and the OPS to establish the VMAARs is aligned with the WHO Guidelines for Drinking-water Quality, which recognize the validity of conducting risk assessments to define guide values when established regulatory limits do not exist.The approaches adopted by international agencies such as Health Canada, US-EPA, EFSA, ANSES (France), and UBA (Germany) have been taken as a reference for the construction of the VMAARs, including the use of uncertainty factors, definition of IDA, and differentiated assessment for adults and children. Furthermore, these values are published and available for public scrutiny on the official website of the Ministerio de Salud, in compliance with the principles of transparency and accountability. The argument raised in the action that the reforms to the Regulation relax the previous standards and contravene fundamental constitutional rights, such as the right to health and a healthy environment (articles 21 and 50 of the Political Constitution), is not sustained from a technical perspective. Quite the contrary, the reform introduced by Executive Decree No. 45019-S strengthens the regulatory framework through: The incorporation of alert values (VA) as a preventive mechanism that activates immediate measures when the threshold of 0.1 μg/L is exceeded, even before having a specific maximum admissible value for the contaminant.The clear definition of action procedures in the face of detections, which include the immediate preventive closure of sources while the risk assessment is conducted. This is textually established in section 1.2 of the procedure: "The Ministerio de Salud (...) will issue a sanitary order for the closure of the affected supply source. This measure will remain in effect until a sanitary risk assessment associated with the presence of the contaminant is carried out. The closure seeks to prevent the population's exposure to a potential health hazard…" The incorporation of the precautionary principle as a guiding axis: in the face of uncertainty, immediate protection prevails, and only subsequently is a potential reopening of the source authorized if the risk assessment determines that there is no significant danger. The application of the principle of non-regression in environmental matters, by expressly establishing in the regulatory procedure that: "The Ministerio de Salud will issue sanitary orders always aimed at restoring the initial value of less than 0.1 μg/L, given that the Maximum Acceptable Value in Water for Risk (VMAAR) is considered temporary and transitory." In summary, far from weakening the protection of drinking water and constitutional rights, the regulatory reform provides the Ministerio de Salud with modern tools, based on evidence and environmental principles, to address contamination events from emerging substances such as pesticide metabolites in a technical, proportionate, and transparent manner.Conclusion The regulatory reform introduced through Executive Decree No. 45019-S does not represent an arbitrary relaxation of sanitary standards, but rather a regulatory strengthening that incorporates risk management tools based on science, such as the Alert Value (VA), preventive closure procedures, and Risk-Adjusted Maximum Admissible Values (VMAAR). The VMAARs for chlorothalonil metabolites are based on technical-toxicological risk assessments developed with the endorsement of the Pan American Health Organization, in accordance with international methodologies and under principles such as precaution, prevention, and proportionality of risk. The Ministerio de Salud has acted in accordance with the constitutional principles of the right to health and a healthy environment, taking immediate and proportionate measures, such as preventive closures, alternative water supply, monitoring, and inter-institutional coordination.The reformed regulation expressly establishes that the final objective is to restore the concentration of contaminants to levels below 0.1 μg/L, guaranteeing that the use of VMAARs is transitory, justified, and always aimed at reducing exposure to contaminants (…)." As can be seen, the actions of the health authorities have been adjusted to the technical provisions developed with technical support from the Pan American Health Organization (PS), whose results were consolidated with the aim of achieving regulatory strengthening, incorporating risk management tools based on science, such as the Alert Value (VA), which allows the application of preventive closure procedures, and the Risk-Adjusted Maximum Admissible Values (VMAAR), which may be found in the water, aimed at reducing human exposure to contaminants. It should be understood that the VA introduced in Table 5 (Cuadro 5) of Appendix 1 (Anexo 1) of Executive Decree No. 45019-S aims to establish a preventive threshold to activate risk analysis processes before a concentration is reached that represents an unacceptable risk to human health, not being permissible limits, but rather triggers for corrective actions.
- 4By resolution No. 2025-24082 at 09:15 hours on August 01, 2025, this Chamber ordered that the petitioner be granted a period of fifteen business days, counted from the notification of this resolution, to file an unconstitutionality action against Executive Decree No. 45019-S (published in La Gaceta No. 115 of June 24, 2025).
- 5On August 07, 2025, the petitioner filed an unconstitutionality action against Executive Decree No. 45019-S "Reforma Reglamento para la calidad del Agua Potable", which is being processed under case file No. Telf386 and is under admissibility review.
- 6In the proceedings followed, the legal requirements have been observed.
Drafted by Judge Hess Herrera; and,
Considering:
SOLE. - In the case under study, the petitioner states that on January 12, 2015, Executive Decree No. 38924-S, titled "Reglamento para la Calidad del Agua Potable," was published, with the main objective of guaranteeing access to quality drinking water for the entire population, in accordance with the highest standards of protection and management of water for human consumption.
[The petitioner] alleges that, through Executive Decree No. 45019-S, fundamental aspects of the cited regulation were modified, including Table 5 and the incorporation of Table 6 into Annex 1, as well as changes to Article 2 and 4. [The petitioner] considers that such modifications violate the right to health, the right to a healthy and ecologically balanced environment, the precautionary principle, and international treaties. [The petitioner] requests that the appeal be granted, that the immediate suspension of the effects of the challenged decree be ordered, with respect to the modifications made to the Regulation for Water Quality, and that the competent authorities be ordered to review and adjust the right to international standards for drinking water quality. However, given that the cited norm is challenged in the action of unconstitutionality being processed under case file number No. 25-023487-0007-CO, the Chamber deems it appropriate to suspend the processing of this amparo appeal, until such process is resolved, pursuant to the provisions of Article 48 of the Law of Constitutional Jurisdiction.
Therefore:
The processing of this amparo appeal is suspended, until the action of unconstitutionality being processed under case file number No. 25-023487-0007-CO is resolved.
Nombre137 V.
President Nombre152 C.
Paul Rueda L.
Luis Fdo. Salazar A.
Jorge Araya G.
Anamari Garro V.
Ingrid Hess H.