"ANNEX 6 PROCEDURE TO FOLLOW WHEN A PESTICIDE ALERT VALUE IS REACHED 1. Action in the Absence of a Risk-Adjusted Maximum Permissible Value for the Quality of Water for Human Consumption (VMAAR) 1.1 Detection and Exceedance of the Alert Value: Upon the detection of a pesticide in concentrations exceeding the alert value of 0.10 µg/L, when a specific VMAAR has not yet been established by the Ministry of Health, the response protocol must be activated.
1.1.a Activation of internal alerts within the operating entity (ente operador) and notification to the Health Governing Area (Área Rectora de Salud) of the Ministry of Health as soon as an exceeded result is known.
1.1.b Initial sanitary assessment (inspección sanitaria) to determine if there is an acute risk (depending on the pesticide involved and the magnitude of the concentration).
1.1.c Public communication by the operator, issuing notices to the population if the water is temporarily unfit for use and providing recommendations (for example, do not drink water, use alternative sources).
1.1.d Exhaustive technical investigation of the cause by the operating entity (ente operador) and the Health Governing Area (Área Rectora de Salud) of the Ministry of Health, including inspection of the catchment area, review of agricultural or industrial processes near the aqueduct, and identification of possible pesticide sources.
1.1.e Implementation of specific corrective measures according to the investigation carried out.
1.1.f Monitoring and verification, with frequent sampling to verify that concentrations return below the limits and that the water is safe for consumption again.
1.2 Issuance of a Preventive Closure Sanitary Order (Orden Sanitaria de Clausura Preventiva): The Ministry of Health, in exercise of its powers to prevent health risks and damages, will issue a sanitary order (orden sanitaria) for the closure of the affected supply source (fuente de abastecimiento). This measure will remain in force until a sanitary risk assessment (evaluación del riesgo sanitario) associated with the presence of the contaminant is carried out. The closure seeks to prevent the exposure of the population to a potential health hazard (peligro) while the situation is evaluated.
1.3 Risk Assessment (Evaluación de Riesgo): The hazard assessment, exposure assessment, and risk characterization will be conducted to determine the potential impact on human health. This analysis will require the formation of a team of professionals to understand the quality of the water source and the possible effects of the contaminant. The team of professionals will be led by the Ministry of Health.
1.4 Deadline for the Risk Assessment (Evaluación de Riesgo): The risk analysis (análisis de riesgo) to establish the Risk-Adjusted Maximum Permissible Value (VMAAR) must be carried out within a period not exceeding 90 calendar days from the detection of the alert value. This period may be extended by ministerial resolution in duly justified exceptional cases, such as the need to obtain additional toxicological data, consultation with specialized international organizations, or technical or budgetary limitations.
1.5 Determination of Additional Measures: Based on the risk analysis (análisis de riesgo), the Ministry of Health will determine the necessary corrective measures, which could include the implementation of specific treatments in coordination with the Instituto Costarricense de Acueductos y Alcantarillados, if considered viable, or the maintenance of the closure until the water quality meets safe standards.
2. Action upon the Exceedance of an Established VMAAR 2.1 Confirmation of Exceedance: When laboratory analyses confirm the presence of a pesticide, metabolite, or contaminant above the limits established in the VMAAR, it is considered that there is a proven risk to health.
2.2 Issuance of Sanitary Orders (Órdenes Sanitarias): The Ministry of Health will issue sanitary orders (órdenes sanitarias) directed to the operating entity (ente operador) responsible for the supply system and to other institutions according to their competence. These orders must include:
2.2.a The immediate closure of the contaminated source to prevent further exposure of the population until the values are below the VMAAR, after an evaluation by the Ministry of Health.
2.2.b The obligation to provide safe water to the affected population through alternative methods such as tanker trucks, water tankers, or interconnection with other aqueducts. The priority is to guarantee continuous access to water that meets the quality standards.
2.2.c The implementation of a corrective action plan with a schedule of activities to address the cause of the contamination and restore water quality. This plan must include immediate, short-, and medium-term actions.
2.2.d Request the review and update of the operator's Water Safety Plan (PSA) to incorporate the lessons learned from the incident and prevent future occurrences.
2.2.e Request that the operating entity (ente operador) guarantee compliance with current environmental and sanitary regulations regarding protection zones for water sources for human consumption, in coordination with the Ministerio de Ambiente y Energía (MINAE) and other competent authorities.
2.2.f Coordinate with the Ministerio de Ambiente y Energía (MINAE) the adoption of necessary measures to prevent impacts on the water resource, guaranteeing that there is no invasion or use of pesticides in protection zones of water sources. In duly justified cases, and based on hydrogeological studies, the 2.2.g Coordinate with the Ministry of Agriculture and Livestock (MAG) the development and implementation of an effective program of good agricultural practices in coordination with the competent entities, with the objective of reducing contamination by pesticides and promoting sustainable practices in the influence areas of drinking water sources and ensuring respect for the prohibition of the use of pesticides in water protection and recharge zones.
2.3 Re-establish values to the alert level: The Ministry of Health will issue sanitary orders (órdenes sanitarias) always aimed at re-establishing the initial value below 0.10 µg/L, given that the Risk-Adjusted Maximum Permissible Value in Water (VMAAR) is considered temporary and transient. All institutions, within their competencies, must implement actions to guarantee the re-establishment of the initial alert value below 0.10 µg/L.
2.4 Compliance Monitoring: The Ministry of Health will strictly monitor the compliance with the sanitary orders (órdenes sanitarias) and the corrective action plan, being able to apply any modifications it deems necessary to ensure the protection of public health.
3. Monitoring and Analysis of Samples 3.1 Monitoring Plan: The Ministry of Health will coordinate with the Laboratorio Nacional de Aguas (LNA), the Instituto Costarricense de Acueductos y Alcantarillados (AyA), and the aqueduct operator the implementation of a monitoring plan for the detected pesticide or contaminant. At the Ministry of Health's discretion, other entities may be included, such as research centers or specialized institutions, when deemed necessary.
3.2 Sampling and Frequency: The Ministry of Health, together with the aforementioned work team, must define the sampling points and the analysis frequency with the objective of evaluating the variability in the concentrations of the contaminant or pesticide and detecting changes in its behavior.
3.4 Inclusion of Level 4: Upon the detection of a contaminant or pesticide that represents a risk to public health, or when a sanitary inspection (inspección sanitaria) by the Ministry of Health identifies an imminent risk of contamination, the aqueduct operator must implement a Fourth Level (N4) control program, in accordance with the provisions of this regulation. This program corresponds to occasional controls carried out due to special situations, emergencies, or findings during the sanitary inspection (inspección sanitaria) conducted by the Ministry of Health that evidence an imminent risk of water contamination. The frequency and number of samples to be collected for the analyses will be determined by the Ministry of Health. When analyses for the detection of the contaminant are available nationally, the Ministry may request its inclusion in the aqueduct's water quality surveillance program under Fourth Level (N4) monitoring, for a period determined at its discretion.
3.5 Monitoring Results: The results of these analyses must be reported to the corresponding Dirección de Área Rectora de Salud (DARS), guaranteeing adequate follow-up.
4. Review of the Risk-Adjusted Maximum Permissible Value (VMAAR) 4.1 Review Based on Scientific Evidence: The Risk-Adjusted Maximum Permissible Value (VMAAR) will be reviewed periodically by the Ministry of Health. It may be adjusted when necessary, taking into account expert recommendations, new scientific evidence, and updated and more recent toxicological data.
4.2 Adaptation to International Standards: The review will seek to align national reference values with international guidelines and consider advances in scientific knowledge about the effects of pesticides on human health.
4.3 Communication to Interested Parties: Any modification to the alert value will be duly communicated to the operating entities (entes operadores), the population, and other interested parties, ensuring the transparency of the process.
5. Communication:
5.1 Notification to the Health Authority: The aqueduct operator must immediately communicate to the Health Governing Area (Área Rectora de Salud) of its area of jurisdiction of the Ministry of Health any detection of pesticides exceeding the alert values or the VMAAR. This notification must include the analytical results, the context of the detection, and the preliminary measures adopted.
5.2 Communication to the Population: The operator is obliged to inform the affected population about the detection of pesticides in drinking water. This communication must be clear, accessible, and timely, providing details about the risks, the necessary precautions, and the available alternatives.
5.3 Alternative Water Supply Methods: If the water is not suitable for consumption, the operator, together with AyA, must communicate the available alternative supply methods, such as tanker trucks, water distribution in water trucks, bottled water, or safe supply points, among others defined by AyA.
5.4 Evidence of Communications: The operator must document and submit to the Rector Health Area of its catchment area of the Ministry of Health all evidence of the communications made, including dates, media used, and content of the messages sent to the population and to the health authorities, ensuring the traceability of the information transmitted.