44974-S of March 26, 2025, "Reglamento para la gestión regionalizada de residuos sólidos, ordinarios y orgánicos en Costa Rica", published in Alcance No. 52 to La Gaceta No. 75 of April 28, 2025, are hereby reformed to read as follows:
"Article 9—Transfer of waste to Environmental Parks (Parques Ambientales) with final disposal (disposición final). The transfer of ordinary solid waste for final disposal (disposición final) must simultaneously meet two fundamental conditions:
- a)The management of ordinary solid waste must be carried out within the corresponding region, according to the delimitations established by the Ministerio de Planificación Nacional y Política Económica (MIDEPLAN), as set forth in article 4 of this regulation, except for those cases that avail themselves of the provisions of article 10 of this regulation.
- b)The transfer of ordinary waste to Environmental Parks (Parques Ambientales) for final disposal (disposición final) may not exceed a radius of 80 kilometers from the farthest generation point of the canton to the Environmental Park (Parque Ambiental). In cases where this distance needs to be exceeded, the use of a Transfer Station (Estación de Transferencia) will be mandatory to optimize transportation, guaranteeing an efficient operation within the same region.
If it is necessary to use a transfer station (estación de transferencia) to exceed the 80-kilometer radius for final disposal (disposición final), it must be located within the territory of the generating municipality or, failing that, within the territories of the municipalities that are part of an intermunicipal agreement, located from the point of generation farthest from the canton within a radius of influence of up to 45 kilometers. These facilities must have the necessary infrastructure to guarantee an efficient logistical operation, ensuring the protection of the environment and public health, in accordance with the provisions of Chapter XI "On transfer stations (estaciones de transferencia)" of Executive Decree No. 36093-S, Reglamento sobre el Manejo de Residuos Sólidos Ordinarios, published in La Gaceta No. 158 on August 16, 2010. Likewise, they must optimize collection routes that include schedules and days to prevent road congestion and optimize transport flow.
"Article 10—Special Exceptions for Geographical, Topographical, and Road Infrastructure Conditions. In cases where it is determined that, for reasons of adverse geographical conditions, irregular topography, and insufficient or non-existent road infrastructure, transfer within their own region involves significantly greater distances and, therefore, a greater impact on the transportation of waste, duly justified exceptions may be authorized.
- 1)Exception criteria:
The exception is considered admissible when one or more of the following conditions occur:
- a)Adverse geographical conditions, such as the presence of rivers, sea, difficult-to-access areas, or protected areas that impede the efficient transit of collection vehicles or waste transport.
- b)Insufficient or non-existent road infrastructure, which necessitates the use of alternate routes that exceed 80 kilometers from the farthest generation point to the nearest Environmental Park (Parque Ambiental) with final disposal (disposición final), or that prevent the use of transfer stations (estaciones de transferencia) within the 45-kilometer radius. As established in article 9 of this Regulation.
Municipalities that are affected by any of the conditions described in subsections a) and b) must comply with the following requirements:
- 2)Procedure for requesting a special exception.
The interested municipality must submit to the corresponding Dirección Regional de Rectoría de la Salud, a formal request accompanied by the documentary requirements of this article.
- 3)Documentary requirements.
3.1 Technical report issued by a competent professional (civil engineer, surveyor, or geographer), accompanied by plans and cartographic evidence, demonstrating the geographical, infrastructure, or logistical limitations, including the analysis of the geographical location of the canton or region, identifying factors that condition waste transport, justifying the impossibility of complying with the radii established in article 9 of this regulation.
3.2 Current Municipal Plan for Integrated Waste Management (Plan Municipal de Gestión Integral de Residuos Sólidos, PMGIRS), including its respective waste characterization study, identifying types, volumes, and frequency of generation, as a basis for defining optimal routes and logistical needs, including a technical proposal for access routes and real distances, accompanied by a logistics and transport plan detailing routes, frequencies, and monitoring mechanisms to ensure traceability and minimize the environmental impact of the transfer.
3.3 The PMGIRS must include targets for separate collection of recoverable (valorizables) waste that increase by 5% annually. Also include targets for selective collection and recovery (valorización) of organic waste, according to ANNEX 1 COLLECTION AND TREATMENT OF ORGANIC WASTE of Executive Decree No. 36093-S, Reglamento Sobre el Manejo de Residuos Sólidos Ordinarios, of July 15, 2010.
3.4 Proposal and analysis of alternatives that may include intermunicipal agreements, use of technologies available in other regions, or logistical strategies, demonstrating that the proposed option is the most viable in terms of costs and operational efficiency. This analysis must include:
i. Projection of volumes of waste to be transferred, considering current and future generation in the region of origin.
ii. Reduction and recovery (valorización) actions implemented before final disposal (disposición final), detailing their impact on the minimization of transported waste.
iii. Identification of potential impacts and mitigation measures in both the origin and destination zones.
3.5 Technical report that analyzes the effects of prolonged waste transport on the environment, including CO2 emissions, spill risks, road congestion, and impact on vulnerable communities.
- 4)Review and approval:
The Dirección Regional de Rectoría de la Salud must issue a reasoned resolution within a period of ten calendar days. In case of approval, specific conditions for oversight and technical follow-up will be established by the corresponding Área Rectora de Salud.
- 5)Validity and control:
The exceptions granted will have a validity of five years, renewable for equal periods. To request the corresponding extension, the municipality must submit the requirements established in subsection 3 of this article. The Ministry of Health will carry out the respective technical evaluation and will decide on the admissibility of the extension within a maximum period of ten calendar days.
The respective municipality must send annual reports to the Ministry of Health accounting for compliance with the conditions under which the exception was granted. The Ministry of Health will verify that said conditions are maintained; in the contrary case, it will proceed to revoke the corresponding resolution or, failing that, will not grant a new extension.
- 6)Administrative measures:
Non-compliance, on the part of the benefiting municipality, with any of the conditions established in the exception authorization, including the non-submission of annual reports or the lack of verifiable progress in the implementation of the commitments acquired and current Municipal Waste Management Plans (Planes Municipales de Gestión de Residuos), will result in the immediate revocation of the exception granted.
Additionally, the municipality will be subject to administrative sanctions according to articles 378 and 378 bis of the Ley General de Salud, without prejudice to the civil or criminal responsibilities that may apply.
The Dirección Regional de Rectoría de la Salud must give formal notice within a period of 10 calendar days to the Contraloría General de la República, regarding the revocation of the exception and the reasons.