Reglamento municipal 149 — Regulation on Integrated Waste Management in Monteverde Canton

141-2026 of 07 July 2026, the Municipal Council of the Municipality of Monteverde approved the draft Regulation for the Management of Solid Waste in the Monteverde Canton.

105 to La Gaceta No. 151 of 12 August 2026, the draft Regulation for the Management of Solid Waste in the Monteverde Canton was published.

Therefore, the Municipal Council of the Municipality of Monteverde agrees to approve the Regulation for the Management of Solid Waste in the Monteverde Canton, as detailed below:

REGULATION FOR THE INTEGRATED MANAGEMENT OF WASTE IN THE MONTEVERDE CANTON General Provisions

This regulation is governed by the following principles:

a)Population growth and the consumption patterns of today’s society have led to an increase in waste generation.
b)Inadequate waste management is causing pollution of surface water, groundwater, soil, and air.
c)For the benefit and protection of public health, it is necessary to establish a series of regulations regarding the management of waste arising from residential, commercial, and industrial activities carried out in the Canton.
d)It is necessary to minimize waste generation and reduce burning, burial, and deficient management; promote sustainable practices such as refusal, reduction, reuse, and recycling; and pursue other forms of industrial waste recovery.
e)Local governments must establish regulations that take into account the life cycle of consumer goods, promote an enabling environment for the circular economy, and encourage zero-waste schemes.

The principles underlying this regulation, which must guide the management of the Municipality, its employees, residents, and business license holders, are: satisfaction of the public interest, quality service to users, harmonization and simplification of procedures, flexibility, effectiveness, teamwork, and adherence to the strictest standards of ethics, good faith, and integrity in the exercise of public service, as well as respect for the dignity and rights of citizens and officials, with strict observance of the principle of legality. Municipal management shall seek to satisfy the public interest, its ultimate and essential purpose, applying in all cases the principles and values that must govern the work of every public service official: transparency, integrity, honesty, security, justice, solidarity, peace, freedom, and democracy. In the exercise of public service, every official must be guided in their management by the values and/or principles of loyalty, efficiency, integrity, and responsibility, as well as the ethical principles of respect, service, discipline, civility, and industriousness, and by the following:

a)Equality: Equality of persons before the law, without any kind of discrimination, is a fundamental right set out in Article 33 of the Political Constitution and also established in Article 24 of the American Convention on Human Rights.
b)Sustainability: Development capable of meeting present needs without compromising the ability of future generations to meet their own.
c)Environmental Quality: This is a fundamental parameter of quality of life. Since it is linked to the life each individual may lead, its function lies in the use made of the environment for that individual’s own development. The right to a healthy and ecologically balanced environment is considered to entail the corresponding duty to protect and preserve the environment through the rational exercise and beneficial enjoyment of that right.
d)Conservation of Options: Each generation’s right to receive the diversity of natural resources and the corresponding duty to maintain them, which entails their rational and efficient exploitation.
e)Conservation of Quality: This entails the right of all generations to receive the planet in optimal condition and the corresponding duty to preserve that condition and pass it on to future generations so they do not receive it in worse condition.
f)Conservation of Access: The right of equitable access to the legacy of past generations and the duty to make that access available to all their members.
g)Precautionary Principle or Prudent Avoidance: Public Administrations are obliged to act to protect everyone’s right to the environment. Accordingly, principles of administrative action specific to environmental protection have been developed to address this field.
h)Preventive Principle: This refers to anticipating the certain harmful consequences of some activities and attempting to avoid them in advance.
i)Publicity: The Administration has a duty to make public information about public or private activities related to the environment, given the public interest involved.
j)Restorability: This principle applies where civil liability arises from the infliction of injury. The sanction imposed on the responsible party may be compensation for the damage and losses caused or restoration of the situation altered by the violation to its original state.
k)Injury by Act or Omission: The premise that, in environmental law, injuries may result from an act or omission follows from Article 50 of the Political Constitution itself.
l)Inapplicability of Positive Silence in Matters Concerning the Use of Natural Resources: This is an instrument specific to administrative law and applies to all State oversight activity. When, after a reasonable period—which in our legal system is one month, unless another period is prescribed—has elapsed from submission of an application and the Administration has not overseen the activity, it is then understood to have been granted.
m)Citizen Participation in Environmental Matters: This principle is derived from Articles 27, 30, and 50 of the Political Constitution, since citizens have the right to access available information and to its dissemination for decision-making.

This municipal regulation is intended to comprehensively regulate waste management in the Canton for which the Municipality is responsible by law, as well as to protect public health and the environment. Accordingly, it establishes the rules and procedures governing separation, separate collection, recovery, and final disposal of ordinary waste arising from all activities carried out by waste generators in the Canton, in accordance with the responsibilities established in current national legislation.

The objectives of this regulation are:

a)Establish the responsibilities of the various actors involved in integrated waste management in the Canton.
b)Regulate separation, separate collection, transportation, temporary storage, recovery, transfer, treatment, and proper final disposal of waste in the Canton, as well as street cleaning activities.
c)Establish regulations for the provision of public services related to integrated waste management in the Canton.
d)Define and establish the institutional and operational structure needed to carry out integrated waste management in the Canton.
e)Establish the cantonal legal framework for preparing, updating, implementing, and monitoring the Municipal Plan for Integrated Waste Management in the Canton.
f)Supplement national regulations on waste management.

This regulation is binding on all natural and legal persons, public and private, who generate waste within municipal jurisdiction and are located within the territorial boundaries of the Monteverde Canton, regardless of the activity or place where the waste is generated. This regulation is governed by its provisions, Law for the Integrated Management of Waste No. 8839, and the regulations issued under that law.

For purposes of this regulation, the following terms mean:

It requires conveyance systems and appropriate treatment to comply with current regulations. It is also called sewage or sewer water.

It consists of inlets, wells, headwalls, pipes, and other components.

It is also known as a collection center.

This includes apartment buildings, condominiums, supermarkets, commercial premises, shopping centers, educational centers, medical centers, and public and private institutions.

It is responsible for administering local services and interests to promote the Canton’s integrated development in harmony with the national development plan.

It results from a planning process, preferably carried out by the Municipality through a participatory approach that incorporates the Canton’s various stakeholders.

Municipal Powers and Obligations

For the implementation of this regulation and other current national legislation on the subject, the Environmental Management Unit shall be the municipal entity responsible for waste management in the Canton. The municipal administration is responsible for providing this department with the technical and professional staff it needs, as well as an adequate budget to perform its functions.

In accordance with current legislation, the Municipality is responsible for the following powers concerning integrated waste management:

a)Carry out all actions relating to integrated management of ordinary waste in the Canton, according to the hierarchy established in Law for the Integrated Management of Waste No. 8839.
b)Prepare, approve, implement, and update the Municipal Plan for Integrated Waste Management in the Canton.
c)Prepare regulations for integrated waste management in the Canton and related public services, in accordance with relevant national policies, including rate regulations related to integrated waste management.
d)Organize the administration and operation of public services for waste management, maintenance of green areas and public spaces, cleaning of roads, and cleaning of storm sewers and bodies of water.
e)Approve, apply, and keep current the fees for waste-management services, maintenance of green areas and public spaces, road cleaning, and cleaning of storm sewers and bodies of water, as defined in this regulation.
f)Coordinate with other municipal authorities to take joint action to prevent and manage waste within municipal jurisdiction, enter into agreements with other municipalities, and participate in intermunicipal associations to provide integrated waste-management services jointly, in whole or in part.
g)Enter into agreements, arrangements, or contracts with persons or entities for the provision of integrated waste-management services, in whole or in part, and ensure that its functions are fulfilled.
h)Comply with the regulations and directives issued on the subject by the Ministry of Health.
i)Impose sanctions for failure to comply with Articles 49 and 50 of Law for the Integrated Management of Waste No. 8839, and collect the corresponding fines, in accordance with Law No. 9825, Amendment to the Law for the Integrated Management of Waste, the Organic Law of the Environment, and the Municipal Code, published in La Gaceta No. 265 of 4 November 2020.
j)Exercise the other powers and functions granted by this legal framework and applicable legal provisions.

The Environmental Management Unit, through its staff and in coordination with other municipal units, shall have the following powers and duties within its area of competence:

a)Plan, design, establish, administratively organize, and operate the public service for integrated management of waste within municipal jurisdiction, and formulate its annual program in accordance with the Municipal Plan for Integrated Waste Management.
b)Observe and monitor compliance with the regulations governing the public service for integrated management of waste within municipal jurisdiction.
c)Supervise and monitor the proper provision of the public service for integrated management of waste within municipal jurisdiction, whether provided by the Municipality itself or under concession, to ensure that it is selective, accessible, regular, efficient, and differentiated, and ensure the infrastructure needed to provide services that enable integrated waste management.
d)Establish and inform the public of the routes, schedules, and frequency of the public service for integrated management of waste within municipal jurisdiction.
e)Select the treatment and final-disposal technology for ordinary waste according to the options that are most favorable economically, technically, and environmentally and are based on national legislation, and ensure that nonrecoverable waste generated in the Canton is finally disposed of at a site with current operating permits.
f)Coordinate with other municipal authorities to take joint action to prevent and manage waste within municipal jurisdiction.
g)Permanently monitor proper separation of waste at sources of generation.
h)Encourage and promote the activities needed for the public to assist in monitoring and ensuring compliance with this regulation.
i)Process the corresponding sanctions in cases of noncompliance with this regulation in accordance with current legislation, and collect the corresponding fines, in accordance with Law No. 9825, Amendment to the Law for the Integrated Management of Waste, the Organic Law of the Environment, and the Municipal Code.
j)Develop, establish, and operate a communication channel with the public to keep them informed about changes or new measures and to address user requests. Through this system, complaints relating to the rights and obligations established by this regulation for municipal authorities, residents, and visitors to the Canton may be received and processed, as may requests or inquiries relating to the services covered by this regulation.
k)Develop, establish, and operate the environmental education and awareness campaigns needed for proper implementation of integrated management of waste within municipal jurisdiction, including prevention and minimization of waste generation; collection, reuse, recovery, and separation of recoverable waste; and promotion of a culture of separation at the source and cleaning of public spaces.
l)Disseminate and report on the scope of actions undertaken for integrated waste management.
m)Establish and keep current a register of large-scale waste generators in the Canton.
n)Establish a register of companies and individuals authorized to provide the integrated waste-management services covered by this regulation.
o)Implement preventive actions and mechanisms to prevent waste from being thrown, spilled, deposited, accumulated, or burned in public spaces where it could harm health, interfere with their free use, or impair the urban landscape.
p)Prevent and eliminate dumps and open-air dumping grounds in the Canton, as well as unauthorized collection sites and improper waste treatments, such as burial, incineration, dumping in waterways, among others.
q)Permanently monitor to ensure that hazardous waste is not present in waste within municipal jurisdiction.
r)Notify the competent authorities of the presence of hazardous waste and special-handling waste during provision of the public service for integrated management of waste within municipal jurisdiction.
s)Coordinate with national authorities to implement applicable legal provisions concerning special-handling and hazardous waste.
t)Promote the establishment of recoverable waste centers, with particular emphasis on supporting PyMeS, Comprehensive Development Associations, nonprofit associations, or similar organizations, for subsequent recovery and sale.
u)Promote coordination and the establishment of agreements with companies, cooperatives, and other public and private organizations so that they may participate in the waste-management process.
v)Seek to use instruments and machinery in a way that optimizes their functions and resources.
w)Maintain detailed data systems that will form part of the Information System on Integrated Waste Management, containing information on local conditions, inventories of waste generated, available management infrastructure, legal provisions applicable to its regulation and control, and other matters that facilitate achievement of the objectives of Law for the Integrated Management of Waste No. 8839 and the regulations issued under it.
x)Exercise the other powers and functions granted by this legal framework and applicable legal provisions.

To carry out these actions, the Municipality shall ensure that the Environmental Management Unit and the Cadastre and Business Licensing Departments, as well as any other relevant directorate, department, or office, have access to a complete, up-to-date, and systematized taxpayer database for effective identification and categorization of generators.

The Environmental Management Unit, through its staff and in coordination with other municipal units, shall have the power and duty, within its area of competence, to clean green areas in places where there are parks, children’s playgrounds, and undeveloped community areas, provided they are municipally owned. The guidelines for this service are set out in Chapter XIII of this regulation.

The Environmental Management Unit, through its staff and in coordination with other municipal units, shall have the power and duty, within its area of competence, to clean public roads in the Canton. The guidelines for this service are set out in Chapter XIV of this regulation.

The Environmental Management Unit, through its staff and in coordination with other municipal units, shall have the power and duty, within its area of competence, to clean and maintain storm sewers wherever this system exists, as well as bodies of water. The guidelines for this service are set out in Chapter XV of this regulation.

Municipal Plan for Integrated Waste Management

This plan is the instrument that will guide municipal actions for integrated waste management in the Canton. Action plans must be updated every five years through a participatory process and publicized through a public hearing, in accordance with Article 12 of Law for the Integrated Management of Waste No. 8839 and Article 21 of the General Regulation to the Law for the Integrated Management of Waste No. 37567-S-MINAET-H.

The Municipal Plan must incorporate the elements established in Article 22 of the General Regulation to the Law for the Integrated Management of Waste No. 37567-S-MINAET-H:

a)Diagnosis of the current state of waste management in the Canton.
b)Strategic guidelines (scope, general objective, specific objectives, and action plan).
c)Monitoring and control plan.
d)Method for reporting to the public.

The plan’s objectives include:

a)Implement actions for integrated waste management in the Canton.
b)Contribute to the environmental education process in the Canton.
c)Involve the districts and communities of the Canton in waste-management processes.
d)Ensure proper separation and recovery of waste generated in the Canton.
e)Maintain constant and efficient monitoring, control, and evaluation of the plan’s implementation in the Canton.

The Municipality shall continuously implement training strategies and educational awareness campaigns for residents of the Canton to promote a culture of separation in households, businesses, industries, and services; collection of recoverable waste; cleaning of public spaces; and integrated waste management.

In accordance with the principle of Citizen Participation established in Article 5 of Law for the Integrated Management of Waste No. 8839 and Article 5 of Municipal Code No. 7794, the Municipality shall guarantee and promote the right of the Canton’s residents to participate actively, consciously, with information, and in an organized manner in decision-making and actions aimed at protecting and improving management of the waste generated. Mechanisms for participation in integrated waste management may include, among others, the following:

a)Nonbinding public consultation: A call must be made to the public to provide its opinion and proposals on the matter under consultation. This may be conducted through a public hearing or by opening a period for written comments and observations on the proposal, through publication of a notice in the official gazette La Gaceta and a newspaper of national circulation. Comments and proposals shall be received in the manner specified in those notices. The public consultation period shall be ten business days.
b)Physical or electronic comment and opinion box: This must be installed at the Municipality’s Service Desk or made available electronically through the Municipality’s official website.
c)Working groups: To optimize resources, make use of knowledge, coordinate initiatives, and maximize results, working groups may be convened to prepare legal instruments and technical proposals and analyze specific problems in search of solutions. They shall be convened and coordinated by the Municipality.
d)Any other mechanism suited to local needs.

The Municipality shall systematize and analyze the comments and suggestions it receives. Proposals that emerge may be incorporated into the actions of the Municipal Plan for Integrated Waste Management according to economic, technical, and environmental feasibility criteria.

The Municipality shall promote the establishment of agreements with PyMeS, cooperatives, and other organizations and/or companies so that they participate in the waste-management process and support performance of the functions established in this regulation. For this purpose, the provisions of Article 4 subsection f) and Article 13 subsection q) of Municipal Code No. 7794 shall be considered.

Waste Classification

The Municipality shall provide the information needed to separate different types of waste at the source of generation, in accordance with the needs of the collection service and depending on available capacity for recovery and final disposal. Updates or modifications to the waste categories indicated in this chapter shall be communicated to generators through the Municipality’s official website, www.monteverde.go.cr, and any other means the Municipality considers necessary for their dissemination.

In accordance with Article 39 of the Ley para la Gestión Integral de Residuos No. 8839, every waste generator is required to separate their waste according to the classifications established by the Municipality, in order to facilitate its recovery and proper final disposal. During generation, separation, and storage, the generator must prevent the waste from getting wet or being mixed with other types of waste.

This refers to waste that, because it can be reused, has residual economic value in relation to the material from which it was made, and that the generator must separate and classify for subsequent recycling and/or sale. Recoverable materials or articles must be delivered clean and dry and, if possible, compacted, free of liquids, food, bioinfectious substances, paint, flammable, explosive, corrosive, or radioactive substances, sharp or piercing materials, or any other source of risk to the health of generators, collectors, and the general population. Updates or amendments to the categories of recoverable waste or to the conditions for its separation, packaging, and collection will be communicated through the Municipality’s official website.

The categories listed below establish the different types of recoverable waste. The exceptions included in these categories are defined as “non-recoverable waste,” which may not be mixed with recoverable waste:

a)Paper and Cardboard: Items must be delivered clean and dry, without grease, gum or resin, staples or metal clips, or adhesive tape residue. Cardboard boxes must be delivered folded and tied, and care must be taken to keep them from getting wet; they must therefore be packed in plastic bags. The following are excluded from this classification: laminated or adhesive-backed paper, chemical or fax paper, carbon paper, stickers, photographs, waxed paper, napkins, toilet paper, disposable cardboard dishes, egg cartons, and wet cardboard.
b)Glass: Bottles and jars of all colors. Items must not be broken. The following are excluded from this classification: flat glass from windows or jalousies, light bulbs, fluorescent lights, LED lights or similar items, automotive glass, mirrors, ceramic or porcelain objects, refractory glass, electronic-device screens, and thermometers, which are classified as Special-Management Waste or Hazardous Waste.
c)Plastic: This includes bottles, jugs, and plastic bags, provided they are not containers for hazardous products. Recoverable plastics are those designated PET (Type 1 Plastic) and HDPE (Type 2 Plastic). Due to market fluctuations that determine the capacity to recover these types of materials, other types of plastic that may be recoverable will be announced through the Municipality’s official website or collected through specific campaigns.
d)Metals: Beverage and packaged-food cans made of aluminum or tinplate. The following is excluded from this classification: aluminum foil.
e)Polylaminates: All containers for long-life products such as milk, yogurt, alcoholic beverages, juices, and similar products, known in the market as tetrabrik, tetrapak, elopak, or similar containers.
f)Styrofoam: Packaging styrofoam is considered recoverable. Styrofoam used for food packaging or disposable dishes is excluded from this classification.

This refers to waste of technological origin specified in the Reglamento para la Gestión Integral de Residuos Electrónicos, Decreto Ejecutivo 35933-S, published on 5 May 2010.

It must be classified into two categories: Recoverable Non-Traditional Waste (including cans, tinplate, aluminum, and other scrap metal) and Non-Recoverable Non-Traditional Waste (including mattresses, furniture, wood, rigid plastic, plastic skylight panels, and similar items). Materials or articles must be dry and free of food, bioinfectious substances, paint, flammable, explosive, corrosive, or radioactive substances, sharp or piercing materials, or any other source of risk to the health of generators, collectors, and the general population. This waste is defined as Special-Management Waste under the Reglamento para la Declaratoria de Residuos de Manejo Especial, Decreto Ejecutivo No. 38272-S.

This refers to waste from the maintenance and pruning of gardens or green areas and includes grass, leaves, stems, roots and branches, fruit, and other plant components.

This refers to food waste such as fruit, vegetables, legumes, eggshells, and cooked-food scraps. It includes egg cartons, napkins, and used paper towels. The following are excluded from this classification: fats and oils in general, the contents of grease traps, sludge from septic tanks, biodigesters, water-treatment plants or similar facilities, and any other waste prohibited on the collection routes listed in Article 147 of this regulation. If organic-waste recovery centers are established, this waste must be packaged according to the Municipality’s instructions, and the use of plastic bags for this purpose is prohibited.

This refers to waste that, because of its chemical reactivity and toxic, explosive, corrosive, flammable, radioactive, biological, bioinfectious, ecotoxic, or environmentally persistent characteristics, may cause harm to health or the environment. It is defined in the Reglamento General para la Clasificación y Manejo de Residuos Peligrosos, Decreto Ejecutivo No. 41527 -S-MINAE, published on 4 December 2018. This type of waste may not be included in the ordinary-waste stream, and the Municipality will organize its collection through specific campaigns. The generator is responsible for the proper management and disposal of this type of waste.

This refers to waste which, because of its composition, transportation needs, storage conditions, generation volume, forms of use, or recovery value, or a combination of these, poses significant risks to health and systematic degradation of ecosystem quality, or presents benefits through the reduction of environmental impacts by way of its recovery. It is defined in the Reglamento para la Declaratoria de Residuos de Manejo Especial, Decreto Ejecutivo No. 38272-S, published on 24 March 2014. It includes styrofoam, lead-acid batteries (car batteries and similar batteries), household cells and batteries, light bulbs, fluorescent lights, and similar items. This type of waste is governed by the principle of Extended Producer Responsibility, under which the producer must offer options to ensure recovery of such waste and thereby reduce the amount reaching final-disposal sites.

This type of waste may not be included in the ordinary-waste stream, and the Municipality will organize its collection through specific campaigns. The generator is responsible for the proper management and disposal of this type of waste.

These are considered Special-Management Waste. To dispose of them properly, the generator must comply with the standards set out in the Reglamento sobre Llantas de Desecho, Decreto Ejecutivo No. 33745-S, published on 8 February 2007. This type of waste may not be included in the ordinary-waste stream, and the municipal waste-management service does not include its collection. The generator is responsible for the proper management and disposal of this type of waste through managers authorized by the Ministerio de Salud. The Municipality may coordinate specific collection campaigns for this type of waste.

This refers to waste generated at public and private establishments that provide health care, such as clinics and hospitals, medical and dental offices, as well as clinical laboratories and laboratories for the production of biological agents, teaching, and research, for both humans and animals. It is defined in the regulation on the management of infectious-contagious waste generated at establishments that provide health care and related services, Decreto Ejecutivo No. 30965-S, published on 17 December 2002. This type of waste may not be included in the ordinary-waste stream, and the municipal waste-management service does not include its collection. The generator is responsible for the proper management and disposal of this type of waste through managers authorized by the Ministerio de Salud. In the case of health-care centers that have infectious-contagious-waste treatment methods authorized by the Ministerio de Salud that ensure the elimination of pathogenic microorganisms and have systems to monitor the effectiveness of the process, and where the waste is packaged in a manner that ensures the safety of collection personnel, the Municipality may provide collection and disposal of that waste as if it were ordinary waste.

The foregoing is in accordance with the guidelines established in Articles 21 and 26 of the Reglamento sobre la Gestión de los Desechos Infecto-Contagiosos que se Generan en Establecimientos que Presten Atención a la Salud y Afines No. 30965-S.

This refers to waste from pharmaceutical establishments and, in incidental cases, from other establishments where unusable, deteriorated, adulterated, falsified, or seized medications and raw materials are found, as well as waste from their manufacturing process and quality-control analyses. It is defined in the Reglamento para la Disposición Final de Medicamentos, Materias Primas y sus Residuos, Decreto Ejecutivo Nº 30965-S, published on 24 June 2010. This type of waste may not be included in the ordinary-waste stream, and the municipal waste-management service does not include its collection. The generator is responsible for the proper management and disposal of this type of waste through managers authorized by the Ministerio de Salud.

The municipal waste-management service does not include collection of rubble or any other waste from construction and demolition. Responsibility for managing this waste rests with the property owner, who must ensure its collection, transportation, and final disposal directly or through a manager authorized by the Ministerio de Salud, in accordance with the provisions of and Decreto Ejecutivo No. 44843-S, as well as the Reglamento de Construcciones del Instituto Nacional de Vivienda y Urbanismo, published in Alcance No. 62 of La Gaceta No. 54 of 22 March 2018, and those detailed in Chapter IX of this regulation.

This refers to pieces of metal from old objects, machines, or devices that can be transformed into useful material. This type of waste may not be included in the ordinary-waste stream, and the municipal waste-management service does not include its collection. The generator is responsible for the proper management and disposal of this type of waste through managers authorized by the Ministerio de Salud.

This refers to nonhazardous waste with no viable recovery alternatives that is not included in any of the foregoing classifications, as well as waste designated as such in Article 22 of this regulation. It includes waste from sanitary facilities, street sweeping, and fabric waste.

The Municipality will provide for the sanitary management of dead animals found in public thoroughfares or public spaces whose generator is unknown. Mixing ordinary waste with animal remains is prohibited.

Mixing ordinary waste or any other type of waste with animal excreta is prohibited. Owners of domestic animals and pets are required to collect the excreta they produce in public thoroughfares, public spaces, or neighbors’ gardens, in accordance with Article 48 of the Reglamento para la Reproducción y Tenencia Responsable de Animales de Compañía, Decreto Ejecutivo No. 31626-S, published on 6 February 2004.

Separate Collection

Waste generated in the territory of the canton of Monteverde, whether recoverable or non-recoverable, will be the property and responsibility of the Municipality from the moment users of the public service place or deliver the waste for collection in accordance with this regulation. However, the Municipality has the authority to grant the right to collect and recover waste to qualified third parties approved in advance. If income is generated from the sale of recoverable waste, it must be deposited in a bank account in the name of the Municipality of Monteverde. In view of the foregoing, persons other than the collection entity authorized by the Municipality are strictly prohibited from appropriating waste delivered by generators for collection.

The only authorized means of delivering and disposing of waste of any type is that detailed in this regulation; therefore, delivery of waste of any category to managers not authorized by the Ministerio de Salud is strictly prohibited, in accordance with the provisions of Chapter VI of this regulation.

The collection of waste under municipal jurisdiction is classified as described below. Updates or amendments to the types of services indicated in this chapter will be communicated to generators through the Municipality’s official website.

a)Ordinary-Waste Collection: Collection of waste classified as non-recoverable under Articles 22 and 34 of this regulation.
b)Recoverable-Waste Collection: Separate collection of waste that can be recovered and/or reused. The classification categories for recoverable waste are detailed in Article 22 of this regulation. Electronic waste specified in Article 23 of this regulation is also included. In addition to the collection routes established by the Municipality, the generator may deliver recoverable waste to authorized temporary recovery centers for specific collection campaigns, to specialized recovery centers recognized by the Municipality, or to waste managers authorized and registered with the Ministerio de Salud who hold the applicable business license.
c)Bulky or Non-Traditional Waste Collection: Collection of bulky waste placed by its owners on an occasional basis after it has reached the end of its useful life.

It must be classified into the categories established in Article 24 of this regulation. This includes collection of tires. The generator must accumulate this waste on their private property until the day scheduled for collection by the Municipality. The generator must properly prepare the waste to prevent injuries to collectors, including by removing nails or sharp edges. This waste need not be packaged for collection. Ordinary waste may not be collected during non-traditional-waste collection; accordingly, this type of waste will be collected as needed by the population through special collection campaigns.

d)Garden-Waste Collection: Collection of waste resulting from maintenance of green areas, as specified in Article 25 of this regulation. The municipal waste-collection service does not yet include garden waste, so each generator must manage it properly under their own responsibility. One option is to use it at the place where it is generated, provided the site has suitable conditions and this causes no nuisance to people or harm to the environment.
e)Organic-Waste Collection: Collection of organic-origin waste specified in Article 26 of this regulation that can be used in composting processes and/or for energy recovery in biodigesters. The Municipality may offer collection and treatment of this type of waste once it has suitable technology and the resources needed to operate it. Until then, the generator may use this waste where it is generated to make household compost. If that is not possible, it must be disposed of with non-recoverable ordinary waste. Organic waste and other biodegradable waste, such as garden waste, may be treated using composting techniques where they are generated, provided the site has suitable conditions, the persons in charge are properly trained, and the treatment process causes no nuisance to people or harm to the environment. If biodegradable waste is not treated where it is generated, it must be delivered to the entity designated by the Municipality to collect it or taken to a composting center. That center must meet the requirements established in that regard by the Ministerio de Salud and the Municipality.
f)Collection of Other Waste: Collection of other waste categories may be carried out in the Canton, provided suitable technology and capacity for their management are available.
g)On-Demand Service: The Municipality may make an on-demand service available to generators, through which a generator may ask the Municipality to collect this waste. The Municipality will provide this type of collection upon written request and may charge an additional fee depending on the nature and quantity of the waste.

A date and time will be set for generators to place their waste in front of their property (or in a place designated by the Municipality). If the property does not face a public thoroughfare, the waste must be accumulated at the edge of the public thoroughfare nearest the residence (in the same place where ordinary waste is placed) no more than 12 hours before the time specified by the Municipality.

The Municipality will provide waste-collection service according to the routes, frequency, schedules, and service areas communicated through its official website and at the Service Platform located in the Municipal Building; this information will be updated every six months. The different types of waste will be managed according to the Municipality’s capacity to handle them properly and under a framework of continuous improvement of collection services in compliance with current legislation. For this reason, the features of the service may be subject to changes, which must be communicated to generators in a timely manner. The generator must strictly adhere to the collection schedule established and communicated by the Municipality.

Waste Generators

Knowledge of this regulation is an obligation of all generators in the Canton, and ignorance of it may not be used as an excuse for omitting the applicable obligations and sanctions.

Waste generators, whether residents or visitors passing through the canton of Monteverde, and whether natural or legal persons, are required and responsible for complying with measures to prevent, reduce, separate, classify, treat, and properly dispose of waste for its recovery or final disposal, without putting the population or the environment at risk through such management and in compliance with this regulation.

Under the conditions established in this regulation, generators of ordinary waste are required to pay the Municipality, on time, the fee for waste-management services, in accordance with the Ley para la Gestión Integral de Residuos No. 8839, in order to contribute to a healthy and sustainable environment.

Generators in the canton of Monteverde are classified as follows:

a)Residential: Any generator whose per-capita generation does not exceed the value provided by the most recent waste-characterization study and whose waste originates in a dwelling unit. The waste generated is classified as recoverable and non-recoverable ordinary waste.
b)Commercial: Any generator whose waste results from activities involving the sale of goods or services, and whose waste consists of recoverable and non-recoverable ordinary waste, special-management waste, and/or hazardous waste, depending on the activity performed.
c)Industrial: Any public or private generator engaged in a productive or industrial activity, whose waste consists of recoverable and non-recoverable ordinary waste, special-management waste, and/or hazardous waste, depending on the activity performed.
d)Large Generator: The following are considered large waste generators: apartment buildings, condominiums, supermarkets, shopping centers, educational centers, medical centers, and public and private institutions. Depending on the activity performed, the waste may consist of ordinary, special-management, and/or hazardous waste. The waste generated may be recoverable or non-recoverable ordinary waste.
e)Mixed: A dwelling unit where a licensed commercial activity is carried out.

The Municipality will ensure that every entity in the Canton employing more than ten people, or generating waste of types or qualities different from residential waste, designates a person responsible for separate waste management in accordance with this regulation. The Municipality will provide training processes for the personnel of these entities on proper separate waste management.

Ordinary waste, both recoverable and non-recoverable, must be placed for collection properly packaged. Loose waste may not be placed in barrels or similar containers. Only plastic bags or sacks with the following characteristics may be used to package waste:

a)Preferably made of biodegradable material.
b)They must be closable with a fixed tie or knot so that water, insects, or rodents cannot enter and liquids cannot escape.
c)Strong enough to bear the weight of their contents and withstand the strain exerted by the waste and by handling during collection service.
d)Any color except red (reserved exclusively for infectious-contagious waste). Transparent bags are preferred for recoverable waste.

Every waste generator or holder is required to comply with the following provisions:

a)Avoid generating waste and, when this is not possible, minimize the quantity and toxicity of the waste generated.
b)Separate and classify waste at the point of generation according to the categories listed in Chapter IV of this regulation, in order to facilitate its recovery. The mixing of different types of waste must be avoided as much as possible.
c)Temporarily store the waste generated at their home or property in a way that causes no environmental impact and/or risk to their own health or that of others.
d)Manage waste in a way that does not endanger health or the environment or cause a nuisance through bad odors, visual impacts, noise, among other things.
e)Deliver waste subject to final disposal exclusively to a municipal collection system or to managers authorized by the Ministerio de Salud to provide this service, and ensure that the waste is managed in an environmentally and sanitary safe manner.
f)Deliver waste properly packaged in bags, in accordance with Article 46 of this regulation. None of the bags or sacks delivered may be filled beyond three-quarters of their volume, so that they can be properly closed, or exceed 15 kilograms in weight, in order to maintain basic occupational-safety conditions for collection personnel and ensure proper management of the waste bags.
g)Place generated waste outside their property at the time established by the Municipality, no more than 12 hours before the collection route begins, so as not to cause environmental or health impacts.
h)Place waste in front of their property; in a low metal basket located within the property, accessible from the public thoroughfare but never in the public right-of-way, so that animals cannot reach it; or in a communal storage system accessible from the public thoroughfare.
i)Ensure that packaging remains intact and is not opened or damaged while awaiting collection. The generator must replace any damaged packaging as soon as possible. If waste is scattered for any reason before it is collected, the generator must pick it up, repackage it properly, and place it in front of their property or put it back in a container that complies with this regulation.
j)Bags of ordinary waste must not remain on roads or in public places on days or at times other than those established by the collection service.
k)Keep clean and sanitary the delivery points, baskets, receptacles, containers, or storage areas where waste is placed pending collection.
l)In accordance with Article 84 of the Código Municipal No. 7794, natural or legal persons who own or possess real property under any title must, among other obligations, remove objects, materials, or similar items from sidewalks or their properties if these pollute the environment or obstruct pedestrian or vehicular passage or stormwater runoff. They must ensure the safety, cleanliness, and maintenance of properties when related matters affect public roads or property or third parties.
m)Prevent temporary and/or permanent obstacles, including parked vehicles, from blocking access for collection trucks in front of their property or the communal storage system, hindering collection work, or endangering the integrity of collection workers. Such conduct is regulated in Article 84 and sanctioned under Article 85 of the Código Municipal No. 7794. If obstacles not attributable to the Municipality prevent effective service, the service will be deemed performed, and the Municipality will bear no responsibility.
n)Without exception, sharp or piercing waste such as glass or ceramic from household or private use must be wrapped in thick paper and properly labeled. Medical-use needles must be delivered to the local EBAIS in accordance with the regulations established for this purpose. All necessary measures must be taken to prevent any accidents involving collection personnel as far as possible.
o)If specific campaigns are held to collect hazardous, special-management, or any other type of waste, such waste must be delivered to the collection service properly identified and in suitable containers, avoiding harm to health and the environment.
p)The generator may not place waste directly in the collection truck; this may be done only by personnel designated for that purpose.
q)Keep an up-to-date record of the generation and management method for each waste category and report on its management to the competent authorities.
r)Promote the use of cleaner-production alternatives and integrated waste management.

If waste is not collected for reasons attributable to the generator, whether due to late delivery, hazardousness, mixing ordinary waste with recoverable or bulky waste, incorrect separation of recoverable waste, failure to comply with packaging requirements, or noncompliance with any other provision listed in Article 47 of this regulation, the generator must remove it from the public thoroughfare immediately and store it within their property so that it is not exposed to the actions of third parties.

The generator may dispose of it once it fully complies with this regulation and the schedule established for the next collection service.

Commercial and industrial generators that produce hazardous waste in their commercial, productive, or industrial processes must separate it from ordinary waste. Mixing these types of waste, as well as improper disposal, gives rise to extended liability and the corresponding legal actions.

This waste must be managed by a manager hired by the generator and authorized by the Ministerio de Salud. Any transportation of hazardous waste within the territory of the Canton must be carried out in accordance with the Reglamento General para la Clasificación y Manejo de Residuos Peligrosos No. 41527-S-MINAE.

Commercial and industrial generators that produce special-management waste in their commercial, productive, or industrial processes must have a program for recovery, reuse, recycling, or another means of recovering waste derived from the use or consumption of their products, and must separate it from ordinary waste. Mixing these types of waste, as well as improper disposal, gives rise to extended liability and the corresponding legal actions. This waste must be managed by a manager hired by the generator and authorized by the Ministerio de Salud. Any transportation of special-management waste within the territory of the Canton must be carried out in accordance with the Reglamento para la Declaratoria de Residuos de Manejo Especial No. 38272-S.

To obtain sanitary operating permits issued by the Ministerio de Salud, waste-management plans must be prepared and must include waste designated as hazardous and special-management waste, which must be separated from the ordinary waste stream.

In accordance with Article 84(f) of the Código Municipal No. 7794, agricultural, livestock, industrial, commercial, tourism, and other businesses whose waste, by its nature or volume, cannot be adequately served by or is not served by the public collection and final-disposal service, as well as generators designated in Article 44(d) of this regulation, have the following obligations:

a)Establish a waste-management program for their facilities and processes, including a hierarchy for integrated waste management, duly authorized by the Ministerio de Salud. This program must comply with the Ley para la Gestión Integral de Residuos No. 8839 and its regulations, the Política Nacional para la Gestión Integral de Residuos, and the provisions of the Municipal Plan for Integrated Waste Management.
b)Provide the Municipality with a list of the waste generated so that its nature and potential for use in circular-economy systems can be verified.
c)Have a system for waste separation, collection, accumulation, and final disposal approved by the Ministerio de Salud.
d)Store waste on their property or in a place shared with other businesses or commercial establishments, ensuring appropriate hygiene and safety conditions.
e)Responsibly manage hazardous, special-management, infectious-contagious waste, medications, excreta (contents of septic tanks), human and/or animal remains through a manager authorized by the Ministerio de Salud.
f)Promote the use of cleaner-production alternatives and integrated waste management.
g)Take the necessary steps to ensure that recoverable waste generated by their activity, such as packaging and wrapping materials, is separated, stored, and transported to an appropriate recovery, treatment, or final-disposal site. This includes importers, producers of goods and services, sellers, distributors, and public and private institutions.
h)If a private waste manager is hired, the generator must, at the request of the Environmental Management Unit of the Municipality of Monteverde, provide the contract and documents allowing verification that the waste was delivered to a duly authorized sanitary landfill.

The Municipality does not assume collection of non-recoverable waste from commercial or industrial generators when that waste is raw material or the result of industrial, manufacturing, or similar processes, unless an additional fee is paid to the Municipality for special collection service, if such service is available. The Municipality will collect recoverable waste at the collection time established for this type of generator and according to service capacity.

Tenants, persons in charge, responsible persons, or administrators of shopping centers must classify the waste generated as recoverable, organic, and non-recoverable ordinary waste. A designated area must be provided for temporary storage of separated waste to prevent contamination of products for sale, as well as a communal waste-storage system, following the guidelines in Chapter VII of this regulation. A waste-management program must be established for the facilities and processes, including a hierarchy for integrated waste management, and it must be duly authorized by the Ministerio de Salud. This waste must be managed through a manager authorized by the Ministerio de Salud.

Organizers of special events, shows, public-square events, concerts, fairs, turnos, community or patron-saint festivities, or any other activity attended by large numbers of people in the Canton must submit an Integrated Waste Management Plan to the Municipality for approval by the Environmental Management Unit and pay the fee established according to the classification determined by the Municipality. The management plan must include a system for collecting and storing the waste generated that ensures selective collection of waste for recovery and proper treatment and final disposal of non-recoverable waste through a manager authorized by the Ministerio de Salud. Like any generator, the organizer must comply with all obligations under this regulation. Event organizers must keep the area used for the activity clean. The Municipality reserves the right to carry out inspections jointly with the Ministerio de Salud and any other relevant institutions it deems appropriate. Inspections may take place before, during, or after the event to verify implementation of the integrated waste-management plan and the proper storage, separation, and delivery of waste for recovery, treatment, or final disposal.

Tenants, persons in charge, responsible parties, or administrators of public markets are required to separate the waste generated into recoverable, organic, and ordinary non-recoverable waste. A cubicle and/or a designated area must be provided for the temporary storage of separated waste, in order to prevent contamination of the products sold. A waste-management program must be established for their facilities and processes. It must include the hierarchy for comprehensive waste management and be duly authorized by the Ministry of Health. This waste must be managed through a provider authorized by the Ministry of Health.

Vendors at stationary sales stalls are required to keep clean the area they occupy and the surrounding area where users might discard waste. They must have a waste receptacle.

Every passerby is responsible for not discarding waste on public roads or private property, except in places where receptacles are provided for that purpose. The principle of preventing waste generation must prevail.

Any waste generator may directly hire a private company to manage its ordinary, recoverable, organic, garden, bulky, hazardous, special-handling, construction or demolition waste, or other types of waste, provided that the service provider is duly registered and authorized by the Ministry of Health, in accordance with the guidelines set out in Chapter VIII of this regulation. The generator is required to submit to the Municipality a signed contract with the waste managers and the documentation necessary to show that the collected waste will be properly disposed of at a sanitary landfill, a recoverable-waste recovery center, or directly at a recycling industry facility, as applicable. Having a signed contract with an authorized manager does not exempt the waste generator from separating waste as established in this regulation. If the generator delivers waste to unauthorized persons or entities, both parties—the generator and the unauthorized waste manager—will be subject to the sanctions imposed under the legislation in force. Use of a private service does not exempt the user from paying for the effective and efficient provision of the municipal public service, as stipulated in Article 43 of this regulation and in accordance with Article 83 of the Código Municipal No. 7794.

Collective Waste Storage Systems

The use of collective storage systems, such as containers or storage sheds, is mandatory for generators with the following types of properties:

a)Condominiums and buildings of two or more floors.
b)Lanes and easements (servidumbres).
c)Shopping centers.
d)Commercial premises.
e)Properties located on alleys or narrow roads where access by the collection vehicle is difficult or dangerous.
f)Properties located in very steep areas where extraordinary effort is required from collection personnel, where the collection crew must spend a substantial amount of time, or where collection vehicles would have to be significantly strained.
g)Public institutions.
h)Establishments that generate 200 kilograms or more of waste per week, according to the fee classification established by the Municipality.

Storage sheds, containers, or systems intended for collective waste storage at the properties referred to in Article 60 of this regulation must meet, at a minimum, the following requirements:

a)Have the dimensions necessary and sufficient to ensure proper waste management for the generators who use them, and prevent waste from being deposited outside them.
b)Have optimal construction characteristics in terms of the materials used and the sanitary and technical conditions that allow waste to be stored temporarily, protected from rain, and properly collected.
c)Be located where waste can most easily be accessed from the public road. These storage systems must be built or located within the private property and adjacent to the sidewalk, ensuring direct access from the public road. Otherwise, the Municipality will not provide collection service, in accordance with Article 149(a) of this regulation.
d)Allow easy cleaning and washing and prevent the formation of conditions conducive to the development of insects, rodents, microorganisms, or any type of pest. Wash water must be channeled into the property’s wastewater collection system.
e)The doors providing access to the system must open sideways so as not to interrupt or obstruct traffic on the public road at any time. The system must be ergonomically designed to ensure optimal occupational safety conditions for collection workers.
f)Access doors to these systems may not be obstructed by gates, fences, or similar structures. Access to their contents must be ensured when collection service is provided.
g)Have a security system that prevents persons not involved in waste collection service from gaining access.
h)Remain locked with a key or padlock at all times, except during the period before collection, according to the routes and schedules established by the Municipality.
i)If containers are used, they must be made of durable materials, have upper covers that protect waste from the weather, and have front doors that open sideways so collection workers can easily remove the waste. Containers may not be more than 1 meter deep, and must be ergonomically designed to ensure optimal occupational safety conditions for collection workers.
j)Waste disposal must not cause any inconvenience to neighbors or passersby, nor affect free passage on the public roads and sidewalks of the Cantón or the operation of the storm sewer system.

Each user is responsible for the following actions:

a)Ensure cleanliness and maintain the container or storage shed.
b)Comply with scheduled collection times so that waste is placed no more than 12 hours in advance.
c)Keep the container or storage shed properly locked with a key or padlock after each use.
d)Refrain from placing unpackaged waste, torn waste bags, and/or waste outside the container or storage shed; such waste will not be collected.

In applications for construction and/or remodeling permits submitted to the relevant department of the Municipality for review and approval, the size and location specifications for collective waste storage systems must be clearly stated when the property requires them, as indicated in Articles 60 and 61 of this regulation.

The design of collective storage systems must be approved by the Environmental Management Unit. The Unit may provide technical advice regarding their proper design, size, and location on the property.

Waste Managers

The Municipality will ensure that selective, accessible, periodic, and efficient waste management service is provided in the Cantón to all generators. It will likewise promote the placement of alternative systems for the selective collection of recoverable waste, such as containers or receptacles. The Municipality may collect waste using its own equipment and personnel or may contract external entities to provide this service in defined areas, provided they are registered as managers authorized by the Ministry of Health.

Waste managers in the cantón of Monteverde are classified as follows:

a)Ordinary Waste Managers: Managers who handle ordinary, recoverable, and non-recoverable waste at the residential, commercial, industrial, or large-generator level.
b)Bulky Waste Managers: Managers who handle bulky or nontraditional waste, or construction and demolition waste.
c)Electronic Waste Managers: Managers specializing in handling electronic waste, as provided for in the Reglamento para la Gestión Integral de Residuos Electrónicos Nº 35933-S.
d)Special-Handling and/or Hazardous Waste Managers: Managers specializing in the management of special-handling and hazardous waste, in accordance with the Ley para la Gestión Integral de Residuos No. 8839, the Reglamento para la Declaratoria de Residuos de Manejo Especial No. 38272-S, and the Reglamento General para la Clasificación y Manejo de Residuos Peligrosos No. 41527 -S-MINAE.

For the Municipality, an authorized waste manager in the cantón of Monteverde is a natural or legal person who meets the following requirements:

a)Hold a current health operating permit and municipal business license.
b)Have a Waste Management Program in its capacity as a generator as a result of its management activity. This program must comply with the Ley para la Gestión Integral de Residuos No. 8839 and its regulations, the Política Nacional para la Gestión Integral de Residuos, and the provisions of the Municipal Plan for Comprehensive Waste Management.
c)Be duly registered in the Ministry of Health’s Registry of Managers.
d)Submit all the foregoing requirements to the Municipality’s Environmental Management Unit for registration, oversight, and monitoring.

Waste managers that privately collect and transport waste for natural or legal persons, whether public or private, must register with the Municipality’s Environmental Management Unit as private waste managers. Registration is valid for up to twelve months, and the following information must be provided:

a)The company’s legal name.
b)The company’s physical address.
c)Legal entity identification number.
d)Names of the natural or legal persons using the private collection service offered by the management company in the Cantón, as well as the frequency and types of waste managed.
e)Types of waste collected.
f)Current operating permits and municipal business license for the cantón where the company is physically located.
g)A copy of the Comprehensive Waste Management Program.
h)A copy of the contract, invoices, or any other proof of service provision to a natural or legal person, public or private, located within the territory of the Cantón.
i)A copy of the contract, invoices, or any other proof showing the proper final disposal of the waste.
j)Provide the Municipality with a list of the waste managed so that it can verify the nature of the waste and the opportunities for its use in circular-economy schemes.

The Municipality reserves the right to verify the truthfulness of the submitted documentation and to request additional information.

The Municipality or the authorized collector performing this function within the territory of the Cantón must meet the following conditions:

a)Provide accessible, periodic, and efficient waste collection service to all generators.
b)Provide collection service according to the requirements, technical specifications, and sanitary provisions stipulated in the legislation in force.
c)Ensure collection in the area under its responsibility. Collection frequency will be decided by mutual agreement with the municipal officials responsible.
d)The collector may be the Municipality or a private company that has been granted a concession. Regardless, responsibility to the generator remains with the Municipality.
e)Hold operating permits from the Ministry of Health and be duly authorized by the Municipality to collect and transport waste.
f)Collection personnel must have the appropriate occupational safety equipment at all times while performing their duties.
g)Inform the Municipality when generators mix hazardous or special-handling waste with ordinary waste.
h)If waste and/or leachate is left scattered on a public road during collection or transport, the responsible manager must collect it and place it in the collection truck and/or clean the public road within a maximum period of two hours.
i)Submit the relevant reports on waste collection as required by applicable regulations, contracts, and agreements.
j)When transporting hazardous waste, the driver must carry the document issued by the Hazardous Waste Management System (SIGREP), which specifies the route the waste must follow to ensure its traceability.

Vehicles used for waste collection must have a system to prevent leachate spills or waste from being scattered on public roads, and must use any other appropriate means to prevent contamination, such as sealed compactor boxes. If any spill occurs, the situation must be addressed in accordance with Article 69(h) of this regulation.

No waste manager may conduct activities in the Cantón related to the collection, transport, recovery, treatment, or final disposal of waste without prior authorization from the Municipality for that purpose. The Municipality will file complaints and take the relevant action if private waste managers fail to comply with the legislation in force. Any private natural or legal person conducting the activities cited above within the territory of the Cantón without authorization and registration as a private manager will be considered an informal collector, and its activity is prohibited and subject to sanctions under Articles 48, 49, and 50 of the Ley para la Gestión Integral de Residuos Nº 8839 and Chapter XIX of this regulation.

Managers that have agreements, contracts, or any other form of association with the Municipality, whether remunerated or not, must submit a semiannual report stating the quantity of material collected, how collection was carried out, proof or certifications of recovery processes, and any other information requested by the Municipality to verify the nature of the waste and the opportunities for its use in circular-economy schemes.

The Municipality will establish mechanisms to monitor, oversee, and verify waste management service, so that it can serve as a tool in response to claims by generators or oversight bodies. These mechanisms may include the use of positioning devices such as GPS in collection trucks, among others.

The Municipality may cancel the authorization of private managers to operate within the Cantón if they:

a)Fail to register or renew their municipal authorization for waste management.
b)Are in arrears with employer obligations, permits, municipal services, or operating permits from the Ministry of Health.
c)Fail to comply with the regulations established in this regulation on waste management at any of its stages.
d)Fail to submit reports requested by the Municipality for more than two months after the request.
e)Receive more than three substantiated and verified complaints of improper waste management under the rules established by national legislation and this regulation.

Management of Construction and/or Demolition Waste

The owner of the property is responsible for managing waste from construction and/or demolition and must ensure its final disposal at an appropriate site or through a manager authorized by the Ministry of Health.

Property owners, developers, and construction project builders, as well as persons in charge or representatives during construction or demolition, must:

a)Submit to the Municipality a Management Plan for Ordinary and Special-Handling Waste generated at the site, including the transport route from its origin to its final destination.
b)Keep sidewalks, streets, common-use areas, and vacant lots within the site perimeter clean and free of materials or waste.
c)Separate waste generated at the site according to the classification set out in Chapter IV of this regulation.
d)Have a waste recovery center at the site to facilitate its comprehensive management.
e)Hire managers authorized by the Ministry of Health exclusively to collect hazardous and special-handling waste generated by the construction process.

Before, and as a condition for approval of, the construction and/or demolition license, the interested party must submit to the Municipality a Comprehensive Management Plan for the waste generated or, alternatively, the contract with the company that will collect and manage this type of waste.

The temporary waste disposal site during construction must meet legal requirements and must not cause a nuisance to neighbors or workers. Accordingly, this type of waste may not be placed on public roads, sidewalks, or vacant or undeveloped lots.

Those responsible for generating construction waste must submit authorization from the owner of the property or site where the waste will be temporarily disposed of, as well as documentation (invoices, certificates, or contracts) showing that waste produced in their works has been delivered to a waste recovery facility or to locations authorized by the Ministry of Health for its final disposal.

Depending on its capacity, the Municipality may establish a rubble collection service or site, or another collection arrangement, upon prior request and payment of a special fee, or authorize collection through managers authorized by the Ministry of Health. Concrete and cement waste may not be mixed with rebar, plastics, glass, soil, or other materials.

Waste Recovery Centers and Temporary Storage

The Municipality has the authority to establish and operate centers for recovering recoverable materials for the accumulation, classification, preparation, and sale of waste. The Municipality will promote the construction, management, and sustainability of this type of recovery center in the Cantón. Recovery centers will adopt the management model most suitable for the Municipality. They may be municipally administered, jointly managed with previously qualified third parties, or managed under a public-private partnership arrangement, as provided for in the Ley para la Gestión Integral de Residuos No. 8839.

Recovery centers will temporarily store recoverable material collected through the recoverable-waste collection service or material that generators in the Cantón deliver directly to the centers’ facilities.

These facilities will also carry out activities to classify and prepare recoverable waste.

Funds obtained by the Municipality from the sale of recoverable materials will be used according to the management model of the recovery center. To ensure environmentally sound management of this waste, the Municipality will establish partnerships with entities that ensure its proper management. Such activities must be conducted within the framework of the regime established by the Ley de Contratación Administrativa No. 7494.

The Municipality will work actively to expand the range of recoverable materials it manages, in line with technological advances, market opportunities, and changes in municipal capacity for proper waste management.

Public or private recovery centers located within the territory of the Cantón must comply with the provisions of the Reglamento de Centros de Recuperación de Residuos Valorizables, Decreto Ejecutivo No. 41052-S, published on 8 March 2018. They must also hold the relevant permits from the Ministry of Health and the Municipality and comply with labor and environmental requirements established by the legislation in force. These centers must have adequate hygienic, labor, and sanitary conditions. Their operation must not cause inconvenience to the people who work there or to neighboring residents.

Dismantling, mixing, transformation, and treatment of waste are permitted only if the facilities are expressly authorized for those activities by the Ministry of Health and the land use complies with the Municipal Regulatory Plan. Recoverable waste may not be stored or treated outdoors or without any preventive maintenance, and such activities may be carried out only when authorized by the Municipality.

All recovery centers located within the territory of the Cantón must submit a quarterly report to the Municipality indicating the quantity of recoverable waste collected or received, so that the nature of the waste and the opportunities for its use in circular-economy schemes can be verified.

Through the Environmental Management Unit, the Municipality will establish a registry of recoverable-waste recovery centers in the Cantón and oversee their operation jointly with the Ministry of Health.

It is prohibited to store recoverable waste at the same sites as hazardous or special-handling waste within the Cantón.

The Municipality or the entity responsible for managing the recovery center may dispose of its non-recoverable waste only at sanitary landfills duly authorized by the Ministry of Health. Only waste that cannot be treated or recovered may be deposited at those sites. The Municipality may assess other technological alternatives for disposing of ordinary non-recoverable waste that are considered technically and economically feasible and consistent with the objectives of the Municipal Plan for Comprehensive Waste Management and the Municipality’s values.

Organic Waste Management

Organic waste will be managed according to the Municipality’s capacity for its proper handling and under a scheme of continual improvement of the services provided, in compliance with the legislation in force. Accordingly, service characteristics may be subject to changes, which must be communicated to generators in a timely manner. The generator must strictly adhere to the management program established and communicated by the Municipality through its official website, https://www.monteverde.go.cr.

The Municipality will promote the use of household composters for family use in homes throughout the Cantón. Generators of organic waste must ensure that use of the composter does not affect relations with their neighbors. If the Municipality provides the composter, the following guidelines must be followed:

a)Complete training on its proper use according to the designated technique.
b)Deposit only organic waste (raw or cooked food scraps), pruning waste, and similar material.
c)Carry out the composting process in a controlled and continuous manner to produce compost.
d)Ensure that plastics, glass, or other non-compostable waste do not enter the composters.
e)Comply with the capacity established by the manufacturer.
f)Ensure its care and prevent deterioration beyond that resulting from normal use.

Large generators must have an area designated for household composting at their facilities that provides for composting at least 50% of their total organic waste generation through household or community composting. Alternatively, they may deliver organic and garden waste to an authorized waste manager for composting. These composting areas may be implemented on existing properties within five years from publication of this regulation.

New construction projects for large generators must include the areas designated for household composting referred to in Article 93 of this regulation, so that the organic waste generated can be properly managed according to the number of housing units and/or commercial premises on the property. In applications for construction and/or remodeling permits submitted to the Municipality of Monteverde for review and approval, the size and location specifications for areas dedicated to household composting of organic waste must be clearly stated when the property requires them. The design of these areas must be approved by the Municipality’s Environmental Technical Unit or by the corresponding Health Area of the Ministry of Health, which may provide technical advice on their proper design, size, and location on the property.

The generator may use compost or fertilizer produced in its gardens, common areas, and other public or private spaces. This material may also be donated for use in community gardens and/or parks in the Cantón, in order to prevent the use of fertilizers from chemical sources. If economic benefit is to be obtained from this product, the applicable national legislation must be followed.

If compost must be delivered to an authorized manager for transport or taken to an authorized collection center, it must be packed in sacks that allow air to pass between the material and its surroundings, or in lidded containers that allow it to be properly managed. In all cases, it may not be packed in plastic bags.

Depending on its capacity, the Municipality has the authority to establish and operate centralized or decentralized centers for recovering and processing organic and garden materials for composting, or to authorize previously qualified third parties to accumulate, classify, prepare, and sell the final product. Organic and garden materials must comply with the provisions of Articles 25 and 26 of this regulation. These centers must hold the corresponding permits from the Ministry of Health, comply with labor and environmental requirements established by the legislation in force, and have adequate hygienic, labor, and sanitary conditions. The center’s operation must not cause inconvenience to the people who work there or to neighboring residents.

Final Waste Disposal

Non-recoverable waste may be deposited only through an authorized manager in accordance with the provisions of the Reglamento de parques ambientales para la separación, tratamiento, aprovechamiento y disposición final de residuos sólidos, decreto No. 44421-S. The Municipality may assess other technological alternatives for disposing of ordinary non-recoverable waste that are considered technically and economically feasible and consistent with the objectives of the Municipal Plan for Comprehensive Waste Management and the Municipality’s values.

The operator of a final disposal site must ensure that it operates in accordance with the permit issued for that purpose. In the event of noncompliance, the Municipality may take any measures it considers necessary. The operator will establish the hours for receiving waste and must duly communicate them to generators and public authorities.

The Municipality has the authority to oversee compliance with the conditions stipulated in the legislation in force and may file complaints regarding noncompliance with the relevant authorities.

The generator is responsible for managing its hazardous waste and must therefore have a management plan for that waste and use a manager authorized by the Ministry of Health to transport and finally dispose of it, in accordance with the provisions of decreto ejecutivo No. 37788-S-MINAE. This waste may not enter the ordinary waste collection stream.

The Municipality may choose alternatives for the final disposal of waste, whether for its use in generating new raw materials, energy, or in any other way that allows for better waste management. These alternatives may be implemented in waste management only if their technical and financial feasibility is demonstrated.

The Municipality must keep a monthly statistical registry of all waste subjected to recovery, transformation, treatment, final disposal, or any other form of management. This registry must be reported by material type, in kilograms, and is the responsibility of the Environmental Management Unit.

The Municipality or the company responsible for final waste disposal must submit a disposal certificate as evidence of proper management.

Any final waste disposal site that has not been authorized in advance will be declared unauthorized and immediately closed. As a result, its use will be prohibited and the responsible party will be required to remove and clean up the deposited waste and remediate the soil. The natural or legal person responsible will be sanctioned as provided in Article 154(a) of this regulation, without prejudice to other sanctions or compensation for the work, expenses, and damage caused to the Municipality and/or third parties.

Maintenance Service for Green Areas and Public Spaces

The Municipality will provide green-area maintenance service in places with parks, playgrounds, or undeveloped community facilities, provided they are municipally owned. Green-area maintenance service consists of sweeping, mowing lawns, pruning trees, shrubs, and other types of plants, and collecting the waste resulting from these activities. The Municipality may provide this service using its own equipment and personnel or may contract external entities to provide the service in defined areas.

Green-area maintenance service will be charged to each served unit located in a district covered by the service. The service fee will be billed to the owner or possessor according to the number of users located on the property. Green-area maintenance service is charged collectively, with the amount determined by district, and will take effect according to the Municipality’s capacity to provide it. Therefore, all served units in the same district are assigned the same fee amount. The Municipality will calculate the fee annually and collect it in quarterly installments in arrears. The cost of final disposal of waste generated by this service will be included among the costs considered in the fee and must be transferred to the department that provides waste management service.

Street-Cleaning Service

The Municipality will provide street-cleaning service when it has the administrative and operational capacity to do so. This service will be provided on public streets in the Cantón where there are surface stormwater conveyance structures such as gutters, ditches, or drainage channels, and includes sweeping and collecting waste resulting from the cleaning. The Municipality may provide this service using its own equipment and personnel or may contract external entities to provide the service in defined areas.

A user who needs to provide passage over the gutter must install a grate fixed to the ground with hinges so that it can be moved to allow street cleaning and does not obstruct the flow of water or waste through the gutter. The grate must be as wide as the gutter and no more than one meter long. If the area to be covered is longer than one meter, several individual grates must be installed side by side. A user who has a structure providing passage over the gutter that does not meet these conditions must demolish it. If the user fails to comply with this requirement, the Municipality will demolish the structure and charge the actual cost to the owner and/or possessor.

If noncompliance with the provisions of

The street-cleaning service is charged per linear meter of the property’s frontage. In the case of easements (servidumbres) and similar arrangements, the fee is calculated based on the number of linear meters of frontage of the lot that has access onto a public street and is divided proportionally among the units served within that easement. The Municipality will calculate this fee annually and charge it in quarterly installments in arrears. The charge for final disposal of the waste generated by this service will be included among the costs considered in the fee and must be transferred to the department that provides the waste-management service.

Fees for Municipal Cleaning Services

The Municipality will charge for collection, treatment, final disposal, and, in general, the comprehensive management of waste in proportion to the quantity and quality of waste generated. The Municipality must update the fees at least once a year for the services covered by this regulation, in order to ensure their self-financing and strengthen the infrastructure needed to provide an adequate service. It will take into account the fixed and variable operating costs, including projected costs for developing and improving the service and the environmental-promotion and education measures needed for its sustainability, all in accordance with Article 83 of the Municipal Code No. 7794. These fee adjustments must be coordinated with the municipal area responsible for providing the service.

Street-Cleaning Service.

The Municipality will charge for the service for every property, in accordance with Article 83 of the Municipal Code No. 7794 and its amendments. The fee for this service will be charged to the owner or possessor based on the number of dwelling units, licensed businesses, or state entities located on the property, regardless of whether they are in use.

The Municipality’s billing unit will install an efficient system for collecting fees for the services provided.

A municipal service is considered to be provided potentially when it is effectively available on a public road but is not directly requested by the generator, who shows no interest in it, pursuant to Article 83 of the Municipal Code No. 7794. Under this condition, the person remains liable for the charge and is therefore required to pay it.

Every generator must pay the fee for waste-management services on time, pursuant to subsection h) of Article 8 of the Law for the Comprehensive Management of Waste No. 8839, in order to contribute to a healthy and sustainable environment. Every liable party must pay the fee for the ordinary waste-management service or any other service provided when the relevant period expires. The Municipality will make various means available to the public to facilitate timely payment of the fee.

Every liable party with a current building permit must pay the category corresponding to the authorized infrastructure. In addition, the number of units to be built will be taken into account to establish the total number of fees subject to collection.

If payment is made after the established deadline, interest will be charged at the rate set pursuant to Articles 78 of the Municipal Code No. 7794 and 57 of the Code of Tax Rules and Procedures No. 4755.

If a licensed activity ceases operating in a rented premises or property, the owner or possessor is responsible for notifying the Municipality of that circumstance so that, following a municipal inspection, the waste-management service fee may be adjusted to the minimum commercial and institutional category established in this regulation. If no such notice is given, the same fee will continue to be charged.

The fee amount will be calculated in accordance with Article 83 of the Municipal Code No. 7794 and its amendments. The following will therefore be taken into account:

a)The actual cost of the service, including payment of compensation, services, materials and supplies, machinery, equipment, and furnishings, all in relation to the number of units served and the weight of ordinary waste produced, among other direct and indirect costs.
b)Future investments needed to achieve comprehensive waste management in the Canton.
c)10% of the direct costs for administrative expenses.
d)An additional 10% as profit for developing the service.

Once the annual amount to be recovered has been obtained by adding the foregoing elements, it will be divided by the total number of units served to determine the annual cost corresponding to each unit served under the residential fee. This figure will be divided by twelve to obtain the monthly amount payable per unit served under the residential fee. To calculate the amount for the other categories, the value obtained for the residential fee must be multiplied by the corresponding weighting factor.

The following phases must be completed to calculate or modify fees:

a)Preparation of a register of units served, by user category.
b)Preparation of a financial study to calculate the fees.
c)Submission of the proposed new fees to the Municipal Council.
d)The Municipal Council’s call for a nonbinding public hearing.
e)Analysis of the comments submitted at the public hearing.
f)Approval of the new fees by the Municipal Council.
g)Publication of the approved fees in the official gazette La Gaceta; they will take effect thirty days after publication.

The Municipality will classify users into categories according to their activities and the generation of ordinary waste, both recoverable and nonrecoverable. The collection categories will be established through waste-characterization studies that the Municipality conducts throughout the Canton, using representative generation samples at the residential and commercial levels and, if necessary, for large generators during the period being updated. The Municipality may establish corresponding estimates, provided that they reflect verifiable values and the amounts comply with the principle of reasonableness. Details of the types of users in each category will be available on the Municipality’s official website, www.monteverde.go.cr.

At the institution’s discretion or at the request of an interested party, the Municipality may conduct a specific study of any service user where the quantity of waste generated per month is considered to differ from the range in which the user was originally classified. This will provide grounds for an automatic change under the billing system used by the Municipality.

A generator seeking reclassification must formally document its waste generation using the Generator Waste Program, which is a requirement for obtaining the operating permit from the Ministry of Health, with a history of waste generation and source separation. The generator must submit valid records issued by waste managers authorized by the Ministry of Health for the collection and storage of recoverable waste. The generator may submit any other documentation demonstrating its current waste generation. If the Municipality considers it necessary to validate the information, it will conduct a technical study weighing the waste without prior notice to the generator.

Any generator registered as a taxpayer may file a claim if they believe the assigned category does not correspond to their average monthly generation of ordinary waste. To file this type of claim, the interested party must submit an application at the Service Platform in the municipal building, the same place where the materials described in Article 125 of this regulation must be submitted. Such claims are considered complex to process.

Once the claim has been received, the municipal administration will have the period established by law to resolve it.

Each generator subject to this fee will be classified in one of the following categories, based on the methodology established by the Municipality (see the table of categories and weightings published on the Municipality’s official website, www.monteverde.go.cr).

Each of the categories described in the preceding article includes the following types of generators (www.monteverde.go.cr).

Any new class of licensed business, state entity, or other type of private organization that appears after this regulation is published will be classified according to its characteristics.

Incentives

In accordance with Article 8 of the Law for the Comprehensive Management of Waste No. 8839, Article 38 of the General Regulation to the Law for the Comprehensive Management of Waste No. 37567-S-MINAET-H, and Article 83 of the Municipal Code No. 7794, the Municipality may promote the establishment of non-fiscal incentives, awards, or recognition for educational centers, neighborhoods, businesses, companies, waste managers, or social and environmental organizations, with the aim of encouraging reuse, separation, recovery, reduction, cleanliness, and beautification in their cantons.

The purpose of providing incentives to generators is to promote a sense of shared responsibility for waste management and to encourage them to establish, implement, and maintain good practices aimed at proper comprehensive waste management through application of the waste hierarchy and the concepts of rejection, reduction, reuse, and recovery.

Incentives will be awarded only on the basis of comprehensive management of ordinary waste. Hazardous waste and waste subject to special management will not be considered for this purpose and must be managed in accordance with national legislation.

The Municipality will develop a protocol for awarding incentives and recognition to generators in the Canton. The protocol will specify the following:

a)For each type of incentive, the specific requirements for applying for it and which generators may apply.
b)The forms required to apply for incentives.
c)The validity period for each type of incentive (they will have an expiration date and must be reapplied for).
d)Verification inspections by municipal officials.
e)Circumstances under which an awarded incentive may be suspended.

The Municipality may provide the following types of incentives:

a)Non-Fiscal Incentive: This consists of recognition granted by the Municipality, differentiated for each type of generator, certifying that it is implementing good environmental practices that contribute to waste reduction. Any generator that meets the requirements for receiving this recognition may apply for it.
b)Competition Campaigns at Educational Centers: These consist of competitions among educational centers in the Canton that carry out projects supporting the reduction of generated waste. Awards and recognition will be provided with the support of private companies acting as sponsors.
c)Allocation of Resources for Exemplary Communities: This consists of promoting exemplary practices in comprehensive waste management within communities and allocating resources for community works. Criteria related to this subject will be established and incorporated into those already established for allocating such resources. The aim is for communities to organize through their Integral Development Associations, Specific Development Associations, or organized neighborhood groups to implement projects supporting the minimization and proper management of generated waste.

The Municipality will establish the technical procedure for allocating the incentives and resources indicated in Article 135 of this regulation, so that the suitability of the candidates and their proposals can be verified and evaluated.

Incentives for licensed businesses are awarded based on the activity carried out by the generator, not on the property occupied.

The Municipality may annually give public recognition to natural or legal persons, whether public or private, who perform outstanding work to improve comprehensive waste management, protect the environment, and use clean technologies in their production, commercial, or residential processes. The Municipality will announce and present the recognition through available media.

Public recognition may be given through distinctions to institutions, industries, and businesses that incorporate measures for applying the waste hierarchy and separating recoverable waste at the source, especially entities that fully separate their waste. In addition, recognition may be given to entities that commit to replacing single-use plastics.

Promotion of Citizen Participation

To encourage and ensure participation by the public and the various interested sectors in the comprehensive waste-management process, the Municipality must carry out outreach and provide information through suitable mechanisms or means, and may establish partnerships with organizations that facilitate consultation and access to citizen participation. Participation mechanisms for comprehensive waste management may include, among others, the following:

a)Public consultation.
b)A physical or electronic suggestion and comment box.
c)Working groups.
d)Any other mechanism adapted to local needs.

The Municipality will promote citizen participation in comprehensive waste-management processes through training and information activities, requests for volunteers for environmental activities, co-management of strategic collection points through Integral Development Associations or other organized groups, or any other activity.

In accordance with the objectives of this regulation, the Municipality will promote a culture of separation in homes, industries, businesses, and services; cleanliness of public and private spaces and bodies of water; comprehensive waste management; minimization of waste production; and the transition toward zero waste and circular economies. Environmental education in the Canton must be an ongoing process that informs, trains, and raises people’s awareness about different environmental topics. Cultural aspects and the population’s general characteristics must be considered, and distinctions must also be made with respect to gender equity.

The Municipality may enter into agreements or partnerships with other public institutions, nongovernmental organizations, or community groups to continuously carry out training strategies and educational awareness campaigns for residents of the Canton on the topics stipulated in Article 141 of this regulation or any other relevant subject. These agreements and partnerships must meet all current legal and administrative requirements for their proper registration and implementation. Each agreement will be independent and must be approved by the municipal administration before implementation.

The Municipality may hold fairs, campaigns, and other activities to promote, inform, train, and raise awareness about the importance of comprehensive waste management. The Municipality will be responsible for coordinating these activities; however, it may apply Article 143 of this regulation when the activity requires it.

Prohibitions

Waste generators, whether natural or legal persons, public or private, and any other person are absolutely prohibited from taking the following actions:

a)Depositing waste in bodies of water, their protection areas, slopes, unoccupied land, lots or properties, ruined buildings, public roads, public places (storm drains, streets, sidewalks, highways, rights-of-way, parks, children’s play areas, community areas), or any other public or private place not authorized for that purpose by the Municipality.
b)Placing waste in the gutter for collection by the municipal collection system.
c)Burning, incinerating, burying, storing, or accumulating any type of waste outdoors without any preventive treatment.
d)Placing waste at the collection site more than 12 hours before the time set by the Municipality, or outside collection hours, provided that a containment mechanism is in place and the waste is not exposed to the environment. If no such containment method exists, the period may not exceed 2 hours.
e)Disposing of waste in packaging not authorized by this regulation or in packaging that is broken.
f)Disposing of unpackaged waste, except in the case of bulky waste.
g)Failing to have a collective waste-storage system when the generator is required to use one under Article 60 of this regulation.
h)Removing bags or containers holding any type of waste, or removing all or part of their contents, once the containers have been placed at the collection site.
i)Giving any type of waste to natural or legal persons, vehicles, or places not authorized to receive it.
j)Transporting and/or dragging any type of waste in a wheelbarrow, cart, vehicle, truck, or any other unauthorized device for disposal at unauthorized places.
k)Managing, storing, recovering, treating, or disposing of ordinary waste in conditions contrary to those established, or at places not authorized or approved by the competent authorities and this regulation.
l)Transporting biodegradable waste uncovered, waste that generates dust, or waste that may cause objects to fall and injure people or damage vehicles on public roads, in accordance with the Law on Traffic on Public Roads and Road Safety No. 9078, published on 26 October 2012.
m)Accumulating materials, construction debris, or any waste or object on public roads, in accordance with subsection l) of Article 47 of this regulation and the Construction Regulations of the Instituto Nacional de Vivienda y Urbanismo, published on 22 March 2018, the Law on Equal Opportunities for Persons with Disabilities No. 7600, published on 29 May 1996, and any other applicable regulations.
n)Liquid waste, wastewater, and leachate discharged into natural bodies of water, irrigation ditches, streams, rivers, or similar places, as well as into the stormwater sewer system, must meet the standards established in the Regulation on Wastewater Discharge and Reuse, Executive Decree No. 33601-MINAE-S, published on 19 March 2007, and any other related regulations issued on the subject.

It is prohibited to place mixed waste, or waste contaminated with waste in other classifications under Chapter IV of this regulation, on collection routes differentiated by waste type (ordinary-waste collection routes, recoverable-waste collection routes, bulky-waste collection routes) or at specific collection campaigns.

It is prohibited to place the waste listed below on any differentiated collection route. The generator must arrange for the treatment and collection of this waste through a waste manager authorized by the Ministry of Health, in coordination with the Municipality:

a)Liquid, pasty, or viscous substances, or excreta.
b)Explosive substances.
c)Sludge from wastewater treatment plants, industrial treatment plants, biodigesters, or septic tanks. This waste must be managed as specified in the Regulation for the Management and Final Disposal of Sludge and Biosolids No. 39316-S, published on 2 November 2015.
d)Contents of grease traps, or fats and oils in general. As for the collection of accumulated cooking oil to keep it out of pipes, it must be managed under the process established by the Municipality.
e)Hazardous waste or waste subject to special management, including lead-acid batteries, batteries, light bulbs, and fluorescent tubes.
f)Infectious waste.
g)Electronic waste (specific campaigns or services may be organized for its collection).
h)Construction or demolition waste, including debris, stones, construction materials, paint waste, and paint containers.
i)Dead animals or parts of animals, as well as animal excreta from farms, commercial premises, or any type of breeding facility.

The collecting entity, whether municipal or operating under a concession, is prohibited from mixing for transport waste that generators have separated and set out for collection separately. If the entity is a waste manager authorized by the Ministry of Health, this will constitute grounds for contract termination, subject to due process.

Waste collectors, whether natural or legal persons, public or private, are prohibited from taking the following actions:

a)Entering and traveling through privately or publicly owned properties to collect any type of waste. Waste located on the property will not be collected, even if there are no enclosures, such as gates or fences, blocking access.
b)Collecting hazardous waste, waste subject to special management, infectious waste, or medications.
c)Mixing recoverable waste with other waste in a way that causes contamination.
d)Leaving waste scattered on public roads.
e)Buying, selling, or storing stolen or unlawfully appropriated recoverable material.
f)Taking any action, engaging in any practice, or carrying out any operation involving waste that damages the environment and affects the quality of the natural resources present in the Canton.
g)Washing and cleaning vehicles or any container that has held or transported waste on public roads or in public areas.
h)Waste collectors, whether municipal employees or employees of a contracted company, receiving any income or in-kind benefit for collecting or selling ordinary, recoverable, or bulky waste.
i)Waste collectors are prohibited from performing their duties without appropriate safety and protective equipment for handling waste; they must also wear reflective clothing to ensure they are visible on public roads.

Violations and Sanctions

In keeping with its powers, authority, and existing rules on waste and the environment, and with the provisions of this regulation, the Municipality will adopt appropriate measures to guarantee the right to enjoy a healthy, clean, and ecologically balanced environment.

In accordance with Law No. 9825, Amendment to the Law for the Comprehensive Management of Waste, the Organic Law of the Environment, and the Municipal Code, administrative violations of the Law for the Comprehensive Management of Waste No. 8839 will be classified as minor, serious, and very serious. The municipality corresponding to the canton where the violation occurred will have jurisdiction over sanctions for minor and serious violations, while the Environmental Administrative Tribunal will have jurisdiction over sanctions for very serious violations.

The following will be considered very serious violations, without prejudice to their constituting an offense:

a)Managing, storing, recovering, treating, depositing, or disposing of hazardous waste or waste subject to special management as declared by the Ministry of Health at places not authorized or approved by the competent authorities, or under conditions contrary to those established in the applicable provisions.
b)Mixing ordinary waste with hazardous waste, contrary to the Law for the Comprehensive Management of Waste No. 8839 and other regulations derived from it.
c)Buying, selling, or storing stolen or unlawfully appropriated recoverable material.
d)Burning, incinerating, burying, storing, or abandoning hazardous waste at unauthorized sites.
e)Transporting hazardous waste without the corresponding authorization.

Without prejudice to the violator’s obligation to compensate for and repair environmental damage, very serious violations will be sanctioned by a fine of one hundred to two hundred base salaries, in accordance with Article 2 of the Law Establishing the Concept of Base Salary for Special Offenses in the Criminal Code No. 7337, and payment for the environmental damage.

The following are considered serious violations:

a)Disposing of ordinary waste by burning it, burying nonorganic waste, or abandoning ordinary waste on public roads, in sewer systems, at springs (nacientes) or watercourses and their protection areas, or on private property not authorized for those purposes.
b)Illegally buying, selling, storing, or treating recoverable waste.
c)Illegally collecting recoverable waste from public roads.
d)Illegally providing, or providing contrary to municipal provisions, waste collection and disposal services.

Serious violations will be sanctioned at eight times the highest fee for the Municipality’s waste-management service, without prejudice to the violator’s obligation to compensate for and repair environmental damage and to pay the costs incurred by the Municipality. In the case of subsections a) and d) of Article 155 of this regulation, sanctions will apply both to the registered owners of properties where waste burning is allowed and to persons who promote or hire someone to burn or illegally dispose of waste. In the case of subsection b) of Article 155 of this regulation, the first fine imposed will be five times the highest fee for the Municipality’s waste-management service; if the violation is repeated, the fine imposed will be eight times the highest fee for the Municipality’s waste-management service. If the person committing the violation does not own property or a vehicle, they will be referred to the Ministerio Público with the assistance of the Fuerza Pública for processing under the flagrante delicto procedure.

Violations committed by anyone who manages ordinary waste under conditions contrary to the municipal provisions on the comprehensive waste-management service set out in this regulation are considered minor.

Minor violations will be sanctioned at five times the fee corresponding to the assigned category. This is without prejudice to the violator’s obligation to compensate for and repair environmental damage and to pay the costs incurred by the Municipality in properly collecting and disposing of the waste.

Any person of legal age who commits any of the violations described in Articles 152, 154, and 156 of this regulation is considered a violator. In contrast, any natural or legal person may file complaints about violations of this regulation with the Municipality’s Service Platform, addressed to the Environmental Management Unit.

Where environmental damage is presumed, or in the case of the violations described in Article 48 of the Law for the Comprehensive Management of Waste No. 8839 or Article 143 of this regulation, the Ministry of Environment and Energy, the Ministry of Health, municipalities, or any other police authority will file a complaint with the Environmental Administrative Tribunal. The Tribunal must grant the interested party a hearing in accordance with the Organic Law of the Environment No. 7554 and the Tribunal’s procedural regulation. In addition to the entities named, any natural or legal person may file complaints with the Environmental Administrative Tribunal and the corresponding judicial bodies concerning violations of this law.

Any natural or legal person subject to a sanction for an act or omission, for a minor or serious violation, or referred to the Environmental Administrative Tribunal for a very serious violation, must be afforded the administrative procedure set out in the General Law on Public Administration No. 6227, in accordance with the Principle of Legality, from which derive Due Process, the Right to a Defense, and the other principles described in this regulation and related laws.

Before imposing these fines, the Municipality must notify the owner or possessor of the relevant properties of their duty to comply with those obligations and grant them the period established in the regulation on the administration, inspection, and collection of Articles 84, 85, 85 bis, and 85 ter of the Municipal Code No. 7794. If the person fails to appear or exercise their right to a defense, the corresponding fine will be imposed and charged to the same account used to bill each taxpayer for public services. If the violator is not a resident of the Canton, the fine may be applied to the vehicle’s license plate.

In response to a violation of this regulation, the Municipality must apply the following protective measures, in accordance with Article 99 of the Organic Law of the Environment No. 7554:

a)A warning by means of a communication or notice that a specific complaint exists.
b)A reprimand proportionate to the seriousness of the detected and verified violations.
c)Partial or total restrictions, or an order for the immediate cessation of the acts giving rise to the complaint.
d)Partial, total, permanent, or temporary cancellation of permits or licenses for premises or companies giving rise to the complaint, act, or polluting or destructive activity.
e)Imposition of measures to compensate for or stabilize the environment or biological diversity.
f)Modification or demolition of facilities or constructions that damage the environment.
g)Alternatives to offset the sanction, available once only, by taking official environmental education courses and also working on community environmental projects.

The Municipality will rigorously apply subsections a), b), g), e), and i) of Article 156 of the Municipal Code No. 7794 to officials responsible for environmental procedures and services, with respect to their duties and responsibilities; it will also apply Articles 152 and 153 regarding the respective sanctions, Articles 154 and 155 regarding the mandatory sanction procedure, and Article 52 of the Law for the Comprehensive Management of Waste No. 8839.

In accordance with Law No. 9825, Amendment to the Law for the Comprehensive Management of Waste, the Organic Law of the Environment, and the Municipal Code, if the same violator is sanctioned for committing a violation of this law more than twice within a calendar year, the Ministry of Health or the Municipality, within their respective areas of authority, may close commercial premises for up to three days and suspend or revoke the licenses, permits, and registrations required to carry out the activities that gave rise to the violations. In addition to suspending or revoking permits and licenses, the Municipality must impose the monetary sanction corresponding to the violation. Due process and the right of defense of the persons subject to the proceedings must be guaranteed in all cases.

Once transferred by the National Treasury to the Municipality, funds from the fines indicated in Article 25 of the Law for the Comprehensive Management of Waste No. 8839 will be credited directly to the budget of the Environmental Management Unit to support implementation of the actions in the Municipal Plan for the Comprehensive Management of Waste of the Canton of Monteverde.

Inspections

In accordance with Law No. 9825, Amendment to the Law for the Comprehensive Management of Waste, the Organic Law of the Environment, and the Municipal Code, duly identified Ministry of Health and municipal officials may, within their respective areas of authority, conduct inspections to verify, monitor, or ensure compliance with the regulations on comprehensive waste management. For this purpose, inspectors will have the status of police authority and their statements will have public faith. During an inspection, the officials indicated above will have free access to the facilities or inspection sites and may be accompanied by experts they consider necessary, as well as by the Fuerza Pública, which is required to provide all assistance they need to carry out their duties effectively. In all cases, the inspection will be conducted with due process guaranteed. If evidence is found of noncompliance with the Law for the Comprehensive Management of Waste No. 8839, regulations derived from it, or this regulation, the responsible party will be notified that the relevant proceeding has begun, the noncompliance will be identified, and correction will be requested within a period of 10 business days.

For purposes of imposing the sanctions established in Articles 49 and 50 of the Law for the Comprehensive Management of Waste No. 8839 and Chapter XIX of this regulation, the following must be considered:

a)At the time a sanction is imposed, inspectors or the authority designated by each municipality will prepare an infraction notice stating the name of the violator, whether a natural or legal person; the identification or corporate identification number; the location or property registration number of the property or place where the violation occurred, and the vehicle’s license plate, if applicable or available; the articles violated; and the amount of the fine.
b)The municipality may document any information by means of an inspection report. If there are witnesses, all information relating to them shall be recorded, and they shall be required to provide the information requested of them. Any other means of evidence authorized by law, such as videos or photographs, shall also be recorded.
c)The offender shall be notified when the notice of violation imposing the sanction is delivered to them.
d)The notice of violation shall state the consequences of failing to pay the fine established by the municipal authority, as well as the deadline for filing an appeal.
e)If the complaint is not filed by a municipal official, any person may file it with the respective municipality.
f)If only the offender’s vehicle license plate number is available, the Municipality may, under an agreement with the Instituto Nacional de Seguros (INS), collect the corresponding fine.
g)Sanctions for violations of Articles 49 and 50 of the Ley para la Gestión Integral de Residuos Nº 8839 shall be paid within eight business days after they become final, at the municipality in whose territory the violation was committed or at any bank in the national banking system with which each municipality has entered into an agreement. In the event of nonpayment, default interest shall accrue at a rate equal to the simple average of the lending rates charged by state banks for commercial-sector loans; in no case may it exceed the basic passive rate set by the Banco Central de Costa Rica by more than ten percentage points, pursuant to Article 57 of the Código de Normas y Procedimientos Tributarios, Ley No. 4755, published on June 4, 1971. This must be stated in the notice of violation, except for fines collected through the Instituto Nacional de Seguros (INS), on which no interest shall accrue.
h)Appeals filed by the offender shall be governed by Articles 170 and 171 of the Código Municipal No. 7794.
i)The conduct and omissions sanctioned under Articles 49 and 50 of the Ley para la Gestión Integral de Residuos No. 8839 constitute administrative sanctions, which shall be imposed by the municipal authority without prejudice to the offender’s obligation to compensate for and remedy the environmental damage caused, as provided in that law and in this regulation.
j)The funds collected by the Municipality from the sanctions imposed and the interest thereon shall be used to finance activities under the Municipal Plan for Integrated Waste Management.

These funds shall not be subject to any administrative deduction.

k)In imposing any sanction, the offender’s right to due process and right of defense must be guaranteed.

Ficha Article 166

The municipal official responsible for inspections shall properly document complaints and inspections and, when noncompliance is detected, shall issue the corresponding notice to the responsible party. This official shall provide a legible copy of the notice served and the corresponding report to the Environmental Management Unit. Observations made by the Municipality during inspections or in response to complaints shall be channeled through the Environmental Management Unit and other relevant departments to the representative or representatives of the entity involved.

Ficha Article 167

Regional Organization for Ordinary Solid Waste Management.

In compliance with Article 2(i) of Ley 8839, the Ministerio de Salud establishes that integrated management of ordinary solid waste must be assessed and planned by region, in accordance with the boundaries established by the Ministerio de Planificación Nacional y Política Económica (MIDEPLAN), as provided in Decreto Ejecutivo No. 37735, Reglamento general para el Sistema Nacional de Planificación, dated 06 May 2013. Municipalities and other entities responsible for waste management must organize themselves within these regions, ensuring resource optimization, lower operating costs, and minimized environmental impacts.

Each region shall independently manage its ordinary solid waste, reducing its dependence on other regions and promoting the implementation of circular-economy models.

Technologies suited to local needs must also be adopted to ensure efficient, sustainable management aligned with the principles of environmental protection and public health.

Ficha Article 168

Every five years, the Dirección de Protección Radiológica y Salud Ambiental (DPRSA) of the Ministerio de Salud, in coordination with the Ministerio de Vivienda y Asentamientos Urbanos, the Ministerio de Ambiente y Energía, the Instituto de Fomento y Asesoría Municipal, the Instituto Nacional de Estadística y Censos, and the state universities, shall prepare an assessment to identify critical areas in each region’s ordinary waste management, considering the following:

a. Waste Generation and Composition Indicators.

• Per-capita production of solid waste (kg/person/day).

• Total amount of waste generated by region/province/canton (tons/day or year).

• Types and composition of ordinary waste reported by each canton, pursuant to Decreto Ejecutivo No. 37745-S, which makes official “Methodology for Studies on the Generation and Composition of Ordinary Solid Waste,” published on 19 July 2013.

• Growth rate in waste generation.

• Waste not properly managed (informal disposal, open dumps, waste burning).

b. Infrastructure and Service Coverage Indicators.

• Number and location of operating final waste disposal sites.

• Capacity and remaining useful life of final waste disposal sites.

• Number and location of transfer stations.

• Number and distribution of recovery and recycling centers.

• Availability of organic waste treatment plants (composting, biodigesters).

• Availability of infrastructure for energy recovery projects.

c. Demographic and Socioeconomic Indicators.

• Population density by geographic area.

• Projected population growth.

• Population distribution (urban vs. rural).

• Income levels, identifying areas with high social vulnerability or extreme poverty where infrastructure may be deficient, according to MIDEPLAN’s social development index.

d. Environmental and Public Health Indicators.

• Areas where high rates of improper management of ordinary solid waste have been identified.

• Complaints concerning the burning of ordinary waste.

• Complaints concerning the creation of dumps or informal disposal sites.

• Protected areas and aquifer recharge zones where construction of waste infrastructure must be avoided.

e. Economic and Financial Indicators.

• Average cost of ordinary waste management per ton.

• Costs of transporting ordinary waste to final disposal sites.

f. Regulatory and Governance Indicators.

• Compliance with national and international waste regulations.

• Areas without access to infrastructure as required under the Ley para la Gestión Integral de Residuos No. 8839.

• Existence of Integrated Waste Management plans at the municipal or regional level.

• Level of implementation of source-separation and separate-collection programs.

This assessment will identify, for each region, the need to implement activities for the treatment, recovery, and final disposal of ordinary waste. This information shall be available on the Ministerio de Salud website (https://www.ministeriodesalud.go.cr/). The assessment will serve as a basis for regions to establish coordinated actions for integrated waste management.

Ficha Article 169

Each year, the Directorates of Health Regulatory Areas must submit a detailed report on the status of compliance with the Municipal Integrated Waste Management Plan, including compliance with the annual percentage target for separation of organic waste. The report shall be submitted to the Contraloría General de la República so that it may, within its areas of competence, take the corresponding measures or actions with respect to municipalities that fail to comply with the Plan.

Ficha Article 170

In accordance with Article 8 of Ley No. 8839, Ley para la Gestión Integral de Residuos, dated 24 June 2010, hereinafter Ley 8839, municipalities shall be responsible for the integrated management of waste generated in their cantons. They shall develop alternative waste-treatment technologies, provided that these are less polluting. They may use the planning and management instruments provided for in the Código Municipal, including mechanisms for associative and business integration.

To that end, they shall seek to establish and implement the municipal integrated waste management plan in accordance with the national policy and plan. They shall enter into agreements with microenterprises, cooperatives, women’s organizations, suitable nongovernmental organizations, and other local organizations and/or businesses so that they may participate in the waste management process, especially in communities located far from the canton seat.

Ficha Article 171

To strengthen integrated management of ordinary solid waste and improve the efficiency of related services, municipalities may enter into public-private cooperation agreements in accordance with the regulations in force on administrative contracting and concessions for public works and services.

Such agreements may provide for private-sector participation in activities such as waste collection, transport, treatment, recovery, and final disposal. Within the framework of these agreements, municipalities shall retain the nondelegable responsibility set out in Article 8 of Ley No.8839 of 24 June 2010, “Ley para la Gestión Integral de Residuos”.

Ficha Article 172

In accordance with Articles 8, 9, and 10 of Ley 8839, where it is determined that, due to geographic characteristics and environmental viability, it is more feasible in terms of transport and route conditions to dispose of waste at an environmental park located in another region, while complying with the distances established in Article 9 of this regulation and the municipal integrated waste management plan, a technical justification supporting this decision shall be required.

At a minimum, the justification must include:

The Ministerio de Salud shall provide technical support and oversight in implementing these measures, ensuring that waste separation, treatment, recovery, and final disposal sites comply with Decreto Ejecutivo No. 44421-S, Reglamento de parques ambientales para la separación, tratamiento, aprovechamiento y disposición final de residuos sólidos, dated 4 March 2024.

Ficha Article 173

Transportation of ordinary solid waste must satisfy two fundamental conditions simultaneously:

If this distance is exceeded, the use of Transfer Stations shall be mandatory to optimize transportation and ensure efficient operation within the same region.

Transfer Stations must be strategically located within the territory of the generating municipality or, failing that, within the territories of municipalities that are party to an intermunicipal agreement, while observing a radius of influence of up to 45 kilometers. These facilities must have the infrastructure needed to ensure efficient logistics operations and protect the environment and public health, as provided in Chapter XI, “Transfer Stations,” of Decreto Ejecutivo No. 36093-S, Reglamento sobre el Manejo de Residuos Sólidos Ordinarios, published on 16 August 2010. Strategies must also be implemented to prevent traffic congestion and optimize transportation flows.

Exceptional situations: If transportation to another region is required because infrastructure is under development or maintenance, or because another region has more advanced or efficient approved technologies, the following information must be submitted to the Dirección Regional de Rectoría de la Salud for the canton’s region for review:

a. Submit a detailed technical report explaining the reasons for the exception and specifying whether it is due to:

• Infrastructure development in the original region.

• Maintenance work requiring operations at treatment or final disposal sites to stop, • An exceptional situation (for example, natural disasters, health emergencies, antenimientos).

• Availability of advanced technologies in another region.

b. Include a comparative analysis of technological capacities between the regions involved, where more advanced or efficient technologies exist.

c. Proposed destination for treatment, recovery, or final disposal.

d. Evidence that the receiving site complies with national regulations.

e. Design a plan that includes:

• Strategies for managing ordinary solid waste during the exception period.

• A detailed schedule of transportation activities.

• Mechanisms for minimizing environmental and public health impacts.

These exceptions shall have a maximum duration of 1 year from the effective date of this regulation, during which each region must work on developing its infrastructure.

Ficha Article 174

44974-S, Article No. 14, Anexo 1.

Ficha Article 175

Final Provisions

The following policies, plans, and strategies are declared to be of public interest for the Canton: the National Policy for Integrated Waste Management; the National Policy on Sustainable Production and Consumption; the National Plan for Integrated Waste Management; the Action Plan for Integrated Waste Management; the First National Composting Plan; the National Strategy for Waste Separation, Recovery, and Valorization; the National Strategy for Replacing Single-Use Plastics with Renewable and Compostable Alternatives; and other planning strategies in support of integrated solid waste management.

Ficha Article 176

In accordance with Article 43 of the Código Municipal No. 7794, this regulation is submitted for nonbinding public consultation for a period of ten business days. Those wishing to object to it must submit their arguments in writing, in a reasoned memorandum, to the Secretaría del Concejo Municipal of the Municipalidad de Monteverde.

Once this period has expired, the comments received shall be evaluated, those that are pertinent shall be incorporated as appropriate, and the new text shall be submitted to the Concejo Municipal for consideration.

Ficha Article 177

Once approved, the Municipality shall publish this regulation in the official gazette, Diario Oficial La Gaceta. Any amendment must follow the procedure in force for this purpose.

Ficha Article 178

This regulation shall govern Integrated Waste Management in the Canton from its final publication in Diario Oficial La Gaceta. This regulation replaces and repeals the municipal regulation governing the plan for integrated solid waste management of the Concejo de Distrito de Monteverde, published in Diario La Gaceta on 11 January 2017, and any other regulation previously issued concerning waste management and/or public services in the Municipalidad de Monteverde, as well as any provision contained in another regulation that conflicts with it.

Ficha Article 179

The Municipality is responsible for properly disseminating this regulation once approved. Any subsequent amendment must follow a procedure for public consultation, publication, and dissemination.

Ficha Article 180

For matters not provided for in this regulation, the following laws and regulations shall apply on a supplementary basis, in accordance with Article 7 of the Ley General de la Administración Pública No. 6227: Constitución Política de Costa Rica; Ley para la Gestión Integral de Residuos No. 8839; Ley General de Salud No. 5395; Ley Orgánica del Ambiente No. 7554; Código Municipal, No. 7794; Reglamento General para la Gestión Integral de Residuos No. 37567-SMINAET- H; Reglamento sobre el Manejo de Residuos Sólidos Ordinarios No. 36093-S; Reglamento para la Gestión Integral de Residuos Electrónicos No. 35933-S; Reglamento General para la Clasificación y Manejo de Residuos Peligrosos No. 41527-S-MINAE; Reglamento para la Declaratoria de Residuos de Manejo Especial No. 38272-S; Reglamento sobre la Gestión de los Desechos Infecto- Contagiosos que se Generan en Establecimientos que Prestan Atención a la Salud y Afines No. 30965- S; Reglamento para la Disposición Final de Medicamentos, Materias Primas y sus Residuos No.36039- S; Reglamento sobre Llantas de Desecho No. 33745-S; Reglamento sobre Rellenos Sanitarios No. 38928-S; Reglamento de Centros de Recuperación de Residuos Valorizables No. 41052-S; Reglamento para el Manejo y Disposición Final de Lodos y Biosólidos No. 39316-S; and other related legislation.

Ficha Article 181

Only where impossibility is duly demonstrated shall they be exempted from the mandatory use of these systems.

Ficha Article 1 Transitorio

All articles in this section are included.

Ficha Article 2 Transitorio

It shall take effect upon publication in Diario Oficial La Gaceta.” AGREEMENT UNANIMOUSLY ADOPTED AND FINALLY APPROVED.

Ficha Article 3 Transitorio

Regulation on Integrated Waste Management in Monteverde CantonReglamento para la Gestión Integral de Residuos en el Cantón de Monteverde

Artículo 1 — At ordinary session No.

Artículo 2 — In Supplement No.

Artículo 3 — Once the public consultation period had elapsed, no comments or corrections to the proposed draft Regulation for the Management of Solid Waste in the Monteverde Canton were received.

Artículo 1 — General Principles.

Artículo 1 — Record

Artículo 2 — Principles, Purposes, and Values Underlying this Regulation.

Artículo 2 — Record

Artículo 3 — General Purpose.

Artículo 3 — Record

Artículo 4 — Objectives.

Artículo 4 — Record

Artículo 5 — Scope and Field of Application.

Artículo 5 — Record

Artículo 6 — Definitions.

Artículo 1 — Sidewalk: Section of the right-of-way located along the edges of the roadway for pedestrian traffic.

Artículo 2 — Rainwater: Water from rainfall that flows over the surface through gutters or storm drains.

Artículo 3 — Wastewater: Domestic wastewater resulting from people’s daily activities.

Artículo 4 — Municipal Mayor’s Office: The highest-ranking administrative body, which serves as head of the departments and oversees, organizes, and coordinates the operation of the Municipality.

Artículo 5 — Storm Drainage System: A system that collects and discharges rainwater only.

Artículo 6 — Storage: The temporary holding of waste pending delivery to the collection service, processing for recovery or alteration of its characteristics, or disposal.

Artículo 7 — Immovable Property: Any parcel of land, with or without buildings or infrastructure works.

Artículo 8 — Inspection Box: A box within the sewer system intended to allow inspection and cleaning of the drain and to channel water into underground pipes.

Artículo 9 — Roadway: Surface intended for vehicular traffic between curbs, gutters, or drainage ditches, forming part of the public road.

Artículo 10 — Category: Classification of a taxpayer according to the estimated amount of waste they generate.

Artículo 11 — Recoverable Waste Center: A permanent site for receiving and temporarily storing waste for recovery, where recyclable materials may be weighed, classified, and separated according to their nature for subsequent sale.

Artículo 12 — Collector: Infrastructure where several underground pipes converge, equipped with an inspection cover to allow the pipes to be inspected.

Artículo 13 — Compost: The result of decomposition and stabilization of organic waste by microorganisms through composting or anaerobic fermentation processes.

Artículo 14 — Composting: A technique that enables controlled aerobic decomposition of biodegradable organic matter to produce a soil amendment.

Artículo 15 — Municipal Council: The Municipality’s highest body, comprising a deliberative body made up of council members and district representatives.

Artículo 16 — Container: A receptacle intended for the temporary storage of non-hazardous household, commercial, or industrial waste.

Artículo 17 — Shared Container: A larger receptacle intended for temporary storage of waste from a group of users, located at a shared point.

Artículo 18 — Taxpayer: The owner or possessor of property where the Municipality provides public services.

Artículo 19 — Curb and Gutter: Drain for discharging rainwater from the roadway, located parallel to and between its edge and the sidewalk or roadside green strip.

Artículo 21 — Body of Water: Any spring, river, stream, permanent or non-permanent creek, lake, lagoon, natural or artificial reservoir, peat bog, or freshwater marsh.

Artículo 22 — Final Disposal: The orderly and definitive placement, distribution, and confinement of ordinary waste at a site designed for that purpose.

Artículo 23 — Community Facilities: Public area designated for installing buildings for community use, whether cultural, educational, health-related, security-related, or for another such purpose.

Artículo 24 — Weighting Factor: Value established using a household or residential unit as a reference.

Artículo 25 — Source of Generation: Place where waste is generated.

Artículo 27 — Generator: Natural or legal person, public or private, who generates waste through production, service, marketing, or consumption processes that fall within municipal jurisdiction.

Artículo 28 — Integrated Waste Management (GIR): An interconnected and coordinated set of regulatory, operational, financial, administrative, educational, planning, monitoring, and evaluation actions for managing waste from generation through final disposal.

Artículo 29 — Authorized Manager: Natural or legal person, public or private, responsible for all or part of solid waste management and duly authorized for that purpose by the Ministry of Health and this Municipality.

Artículo 30 — Large-Scale Generator: Natural or legal person that produces large quantities of waste.

Artículo 31 — Incentives: Benefits granted to generators that contribute to proper management by demonstrating minimization and application of the hierarchy in integrated waste management.

Artículo 32 — Infrastructure: Any work for the development and proper functioning of a community, such as public roads (paths, highways, streets, walkways), storm or sanitary sewers, aqueducts, electricity, signage, etc.

Artículo 33 — Inspector: Official authorized to monitor, prevent, document, and inspect, both in the field and through technology, possible violations and sanctions under the laws and this regulation.

Artículo 34 — Leachate: Liquid formed by the reaction, transport, or filtration of materials contained in waste, containing dissolved or suspended substances that may infiltrate soils or run off from sites where solid waste is deposited and may cause pollution of soil and bodies of water.

Artículo 35 — Waste Management: Set of technical and operational waste-management activities, including storage, collection, transportation, recovery, treatment, and final disposal of ordinary, recoverable, and nontraditional solid waste generated in the Canton.

Artículo 36 — Municipality: State legal entity with territorial jurisdiction over the Canton.

Artículo 37 — Business License Holder: Natural or legal person holding a business license to conduct profit-making activities.

Artículo 38 — Municipal Plan for Integrated Waste Management (PMGIR): Instrument that defines cantonal policy in this area and guides municipal and/or cantonal actions within the scope of its jurisdiction.

Artículo 39 — Possessor: Natural or legal person exercising control over property without registered title in the Public Registry.

Artículo 40 — Cleaner Production: Integrated preventive strategy applied to production processes, products, and services to increase efficiency and reduce risks to human beings and the environment.

Artículo 41 — Owner: Natural or legal person exercising control over immovable property by means of a public instrument registered in the Public Registry.

Artículo 42 — PyMeS: Small and Medium-Sized Enterprises.

Artículo 43 — Recycling: Transformation of waste through various recovery processes that restore its economic and energy value, thereby avoiding final disposal, provided that this restoration entails savings in energy and raw materials without harm to health or the environment.

Artículo 44 — Collection: Collection of waste within municipal jurisdiction at sources of generation or in containers, as established in this regulation, for transfer to transfer stations, treatment facilities, or final disposal.

Artículo 45 — Private Collection: Any collection process carried out directly between a generator and a waste manager within the Canton, without the Municipality’s direct participation.

Artículo 46 — Selective Collection: Separate collection service for waste separated at the source, allowing certain waste to be recovered.

Artículo 47 — Sanitary Landfill: Engineering method for final disposal of waste generated in the Canton, in accordance with the Regulation on Sanitary Landfills.

Artículo 48 — Waste: Solid, semi-solid, liquid, or gaseous material that its generator or possessor must or wishes to discard and that may or must be recovered or responsibly treated or, failing that, managed through appropriate final-disposal systems.

Artículo 49 — Ordinary Waste: Waste mainly of household origin, or from any other commercial, service, industrial, street-cleaning, or public-area-cleaning activity, that has characteristics similar to household waste.

Artículo 51 — Solid Waste: Solid or semi-solid post-consumer material that its generator or possessor must or wishes to discard.

Artículo 52 — Waste Separation: Procedure that prevents waste from being mixed at the source of generation, allowing it to be set aside separately for collection.

Artículo 53 — Separation at the Source: Procedure that prevents waste from being mixed at the source of generation to facilitate recovery of recoverable materials.

Artículo 54 — Waste Management Service: Management of waste within municipal jurisdiction, which mainly includes storage, collection, sweeping and cleaning of roads and public spaces, as well as transportation, transfer, treatment, and final disposal of waste.

Artículo 55 — Municipal Services: Set of services for solid waste management, street cleaning, maintenance of green areas, and cleaning of storm sewers provided by the Municipality.

Artículo 56 — Shared Storage System: A defined, enclosed area intended for the temporary shared storage of solid waste pending collection service.

Artículo 57 — Liable Party: Any natural or legal person required to fulfill tax obligations as a taxpayer, whether as owner or possessor of land for which the service is provided.

Artículo 58 — Rate: Name given to the mathematical expression representing the cost the taxpayer must pay for the actual or potential provision of the public service.

Artículo 59 — Public Service Fee: Tax whose taxable event is the actual or potential provision of a public service individualized for the taxpayer, and whose proceeds may not be used for a purpose unrelated to the service that gives rise to the obligation.

Artículo 60 — Treatment: Transformation of waste or specific parts into new products or alteration of its characteristics, such as through recycling, composting, mechanical-biological treatment, thermal treatment, among others.

Artículo 61 — Household or Residential Unit: Structure erected on a property where a waste generator lives.

Artículo 62 — Service Unit: Business, institution, or residence to which the service is provided.

Artículo 63 — User: For purposes of providing the services regulated herein, any natural or legal person affected by or benefiting from GIR services is considered a user.

Artículo 64 — Recovery: Set of related actions intended to add value to waste for production processes through material recovery and/or energy recovery and the rational use of resources.

Artículo 65 — Dump: Site without prior preparation where waste is deposited without technical methods or using very rudimentary methods and without adequate control.

Artículo 66 — Public Road: Any publicly owned land for common use designated by administrative authority for free passage in accordance with urban-planning laws and regulations; it also includes land that has in fact been set aside for public use.

Artículo 67 — Green Area: Unbuilt public land partially or entirely covered with vegetation (grass, trees, or shrubs).

Artículo 6 — Record