For the purposes of this regulation, the following definitions and abbreviations are used:
1. Record: Document by which technical recommendations are given, or through which the fulfillment or non-fulfillment of recommendations or the implementation of environmental measures is certified in accordance with the Organic Law of the Environment and its complementary regulations.
2. Activity: Set of operations or tasks typical of a person or entity. These can be actions of diverse scope, such as economic, social, planning, and educational activities.
3. New activities, works, or projects: These shall be understood as those activities, works, or projects that are intended to be developed after the entry into force of this regulation and that meet one or a combination of the following characteristics:
a. That implies a change in land use.
b. That is included in the list contained in Annex Nº 2 of this regulation.
c. That, without generating a change in land use, causes a modification of the potential environmental impact category (IAP), to a higher level, in accordance with the list included in Annex Nº 2 indicated.
(Thus amended the previous subsection by Article 1 of executive decree N° 32734 of August 9, 2005).
4. Activities of Very Low Potential Environmental Impact refers to human activities that, by their nature, do not cause a negative alteration of the environment and do not represent a deterioration of the environmental quality of the surroundings in general or of any of its components, nor an affectation to the health of the population, because atmospheric emissions, wastewater discharges, ordinary and special waste management, and noise comply with the provisions established in current regulations. Furthermore, no hazardous products are used and they do not generate waste of this type.
(Thus added the previous subsection by Article 5 of executive decree N° 37803 of June 25, 2013) 5. Accreditation: Is the procedure by which the Public Administration authorizes natural or legal persons, public or private, who meet the legal, technical, and material suitability and professional requirements demanded by current regulations, to execute specific tasks or provide specific services in the total or partial support of the fulfillment of obligations imposed by the State.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 4) to 5) 6. Environment: All the elements that surround the human being, geological elements (rock and minerals); atmospheric system (air); water system (water: surface and underground); edaphological (soils); biotic (living organisms); natural resources, landscape, and cultural resources, as well as the socioeconomic elements that affect human beings themselves and their interrelations.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 5) to 6) 7. Expansions of activities, works, or projects subject to EIA: Changes to the original design of the activity, work, or project, that imply a modification of the potential environmental impact (impacto ambiental potencial, IAP) category, to a higher level, in accordance with the list included in this regulation (Annex Nº 2).
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 6) to 7) 8. Protection Area: Portion of land that presents use restrictions due to technical or legal aspects to the extent that it serves to protect a given natural resource.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 7) to 8) 9. Project Area (PA): Geographic space in which the buildings or actions of the activity, work, or project are circumscribed, such as construction works, installations, roads, storage sites, and material disposal sites, and others. The PA can be net when the space occupied by the buildings and actions is equal to the area of the property to be used, and it is said to be total when the area of the property to be used is greater than the space of the works or actions to be developed.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 8) to 9) 10. Environmentally Fragile Area (AAF): Geographic space that, based on its geo-suitability conditions, its land-use capacity, the ecosystems that comprise it, and its sociocultural particularity, presents a restricted carrying capacity and with some technical limitations that must be considered for its use in human activities. It also includes areas for which the State, by virtue of their environmental characteristics, has issued a special legal framework for protection, reserve, safeguarding, or administration.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 9) to 10) 11. Rural area: It is the territorial space of a non-urban scope, belonging to or relating to country life and related tasks. The predominant land use is for agricultural, agro-industrial, farming, or conservation activities, and their basic related installations. It may present residences in dispersed populations and population centers whose urban development does not qualify as population centers, as well as the development of installations for tourist purposes.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 10) to 11) 12. Urban area: It is the territorial scope of development of a population center. The urban area forms a conglomerate of adjacent and interconnected use zones, which include elements such as buildings and structures, industrial, commercial, residential activities, public services, urban-type agricultural or agro-industrial activities, and any other directly related to these elements.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 11) to 12) 13. Public Hearing: Is the presentation that SETENA orders the developer and the environmental consulting team to carry out, for an activity, work, or project of Category A, when it deems it necessary, in order to inform civil society about it and its impacts, in accordance with the Organic Law of the Environment, the Biodiversity Law, and this regulation, and other concordant regulations, as well as to hear the opinions of those present at the hearing so that they can be analyzed in the EIA process and a decision is made on their inclusion or not.
(Thus amended the previous subsection by Article 1 of executive decree N° 32734 of August 9, 2005).
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 12) to 13) 14. Environmental Audit: Systematic and documented verification process to objectively evaluate the evidence that allows determining if the specific actions, events, conditions, management systems, and information are in accordance with what is established in the EsIA (particularly in its Environmental Management Plan) and by SETENA, as well as compliance with current regulations and the Code of Good Environmental Practices.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 13) to 14) 15. Environmental Logbook: Foliated book with a numerical sequence duly and logically concatenated, officialized and sealed by SETENA, where the environmental manager records the monitoring process and the fulfillment of environmental commitments acquired in the EIA process of an activity, work, or project, and compliance with current regulations and the Code of Good Environmental Practices.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 14) to 15) 16. Environmental quality: Condition of natural equilibrium that describes the set of geochemical, biological, and physical processes, and their diverse and complex interactions, that take place over time, in a general environmental system within a given geographic space, without or with minimal human intervention. The latter being understood as the consequences of the global effects of human actions.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 15) to 16) 17. Land-use change (cambio de uso del suelo): Use of the land in a manner different from that authorized by the State through its institutions, including the municipalities, which the developer of an activity, work, or project intends.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 16) to 17) 18. Population center: Geographic space in which a series of diverse human activities are concentrated and which presents the basic infrastructure works for its development and operation, including: water supply, sanitary sewerage, solid and liquid waste collection, treatment and disposal system, drainage, electricity, and public roads.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 17) to 18) 19. Project cycle: Set of phases or stages covering the development of an activity, work, or project. Following a temporal logical sequence, the main phases are: conception of the idea, pre-feasibility, feasibility, design, construction, operation, includes expansions or modifications.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 18) to 19) 20. ISIC: International Standard Industrial Classification of all productive activities.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 19) to 20) 21. Code of Good Environmental Practices (CBPA): Document containing the set of general and specific environmental practices that every developer must comply with, regardless of the environmental category in which their activity, work, or project is located, as a complement to the environmental regulations in force in the country. It establishes prevention, correction, mitigation, and compensation actions that must be executed in order to promote protection and prevent damage to the environment. This document must be taken into consideration by the environmental consultant and the analyst responsible for reviewing an environmental impact assessment.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 20) to 21) 22. Environmental Manager Code of Ethics (CEGA): Document establishing the set of ethical precepts and mandates that the environmental manager must fulfill in the exercise of their functions, whether as a consultant in the capacity of author or co-author of an Environmental Impact Assessment, as an environmental manager, or as an analyst-reviewer and decision-maker on documents related to any of the instruments of environmental management.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 21) to 22) 23. Exogenous conditions, said of causes, forces, elements, conditions, among others, originating outside a work, activity, or project and acting upon them.
(Thus added the previous subsection by Article 5 of executive decree N° 37803 of June 25, 2013) 24. Joint Environmental Monitoring and Control Commission (COMIMA): Participatory entity for the environmental control and follow-up of activities, works, or projects of Category A with an approved EIA, for which SETENA, in the administrative approval resolution, establishes in each case its composition. In the composition of the commission, at least one official from SETENA, one representative of the developer, one representative of the municipality, and one representative of the community organizations of the place where the activity, work, or project will be developed shall be appointed. Its members will perform their duties ad honorem and for the period in which said activity, work, or project operates.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 22) to 24) 25. Environmental Consultant: Natural person who is registered in the SETENA registry of consultants, to provide technical advice to a developer of activities, works, or projects and who is responsible for the preparation of the EIA submitted to SETENA, in accordance with the provisions of this regulation. SETENA officials, Ministry of Health officials, nor Ministry of Environment and Energy (MINAE) officials may register as environmental consultants, in this last case, unless they are on unpaid leave, or must, in the exercise of their duties, conduct Environmental Impact Assessments for the Ministry. Nor may those individuals who have been tried and convicted for willfully committing crimes against the environment; crimes against public authority; crimes against the duties of public office; or crimes against public trust register as environmental consultants.
(Thus amended the previous subsection by Article 1 of executive decree N° 32734 of August 9, 2005).
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 23) to 25) 26. Accredited External Consultant: Natural or legal person accredited by the Costa Rican Accreditation Entity (ECA) and who can be contracted by SETENA to support EIAs.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 24) to 26) 27. Environmental Commitments: Set of environmental measures to which the developer of an activity, work, or project commits, in order to prevent, correct, mitigate, minimize, or compensate for the environmental impacts that the activity, work, or project may produce on the environment in general or on some of its specific components. The environmental commitments consist of an objective and the environmental tasks or actions for its fulfillment, within a given period, and shall also be expressed in terms of the economic investment to be made.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 25) to 27) 28) Environmental Damage (Daño Ambiental): Negative environmental impact, not foreseen, controlled, or planned in an Environmental Impact Assessment process (evaluated ex-ante), produced directly or indirectly by an activity, work, or project, on all or any component of the environment, for which no prevention, mitigation, or compensation measure was foreseen and which implies an alteration assessed as having high Environmental Impact Significance (SIA).
(Thus amended the previous subsection by Article 1 of executive decree N° 32734 of August 9, 2005).
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 26) to 28) 29. Environmental Impact Declaration (DIA): Is a formal document, in which the EsIA is summarized, in a clear and simple manner, and through which the developer assumes responsibility for the nature, magnitude, and measures for prevention, correction, mitigation, compensation, and control of the impact on the environment. It must be prepared by the consulting team responsible for the EsIA.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 27) to 29) 30.- Sworn Declaration of Environmental Commitments (DJCA): Statement made under oath and authenticated by a notary public, for private developers, and in the case of State Institutions, that which is issued by the head of the institution, without the need for authentication, in which the developer of the activity, work, or project commits to fully and totally comply with the terms and conditions stipulated in the Prognosis - Environmental Management Plan, or those other guidelines emanating from the Environmental Impact Assessment process.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 28) to 30) (Thus amended the previous subsection by Article 1 of executive decree N° 42912 of February 2, 2021) 31. Developer: Is the natural or legal person, public or private, who is legally empowered to carry out the activity, work, or project and who acts as its proponent before SETENA and has a direct interest in carrying it out. They are also the one who shall assume the environmental commitments and will be the direct responsible party for their fulfillment.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 29) to 31) 32. Environmental Assessment Document: Document of a pre-established format by SETENA that must be completed and signed by the developer, with the support of an environmental consultant, when warranted, in which, in addition to initiating the Initial Environmental Assessment phase, a description of the activity, work, or project to be developed is presented, along with its environmental aspects and impacts, the geographic space in which it will be installed, and an initial assessment of the significance of the environmental impact that would be produced.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 30) to 32) 33. Cumulative Effects: Refer to the accumulation of changes in the environmental system, starting from a reference base, both in time and space; changes that act in an interactive and additive manner.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 31) to 33) 34. Environmental Consulting Firm: Legal person that is registered in the SETENA registry of consultants, to provide technical advice to a developer of activities, works, or projects and which is responsible for the preparation of the EIAs submitted to SETENA, in accordance with the provisions of this regulation, and in which all the professionals involved are registered as environmental consultants.
(Numbering of the previous subsection moved by Article 5 of executive decree N° 37803 of June 25, 2013, which transferred it from subsection 32) to 34) 35. Ecological balance: It is the relationship of interdependence among the elements that make up the environment, which makes possible the existence, transformation, and development of human beings and other living beings. The ecological balance between human activities and their surrounding environment is achieved when the pressure (effects or impacts) exerted by the former does not exceed the carrying capacity of the latter, in such a way that the activity manages to integrate harmoniously with the natural ecosystem, without the existence of one posing a danger to the existence of the other.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 33) to 35) 36. Estudio de Impacto Ambiental (EsIA) [Environmental Impact Study]: It is a technical instrument of the environmental impact assessment, whose purpose is to analyze the proposed activity, work, or project, with respect to the environmental condition of the geographic space in which it is proposed and, on this basis, predict, identify, and assess the significant environmental impacts that certain actions may cause on that environment and define the set of environmental measures that allow for their prevention, correction, mitigation, or failing that, compensation, in order to achieve the most harmonious and balanced integration possible between the proposed activity, work, or project and the environment in which it will be located.
(As amended by Article 1 of Executive Decree No. 32734 of August 9, 2005).
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 34) to 36) 36. bis Estudio de Impacto Ambiental (EsIA) [Environmental Impact Study] for activities, works, or projects with low and moderately low environmental impact potential: For those cases in which the activity, work, or project, due to its attributes (dimension, duration over time, location, materials and equipment used, and production), is defined as having low or moderately low potential environmental impact, it must comply, when the applicable regulations expressly require it, with the submission of an EsIA, and following the principle of proportionality and reasonableness, with the procedure that SETENA defines, provided that the elements covered by the definition of EsIA included in this Regulation are fully met.
(As added by Article 1 of Executive Decree No. 32734 of August 9, 2005).
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 34) bis to 36 bis) 37. Evaluación Ambiental Estratégica (EAE) [Strategic Environmental Assessment]: Environmental Impact Assessment process applied to policies, plans, and programs. Due to its characteristic and nature, this type of process may also be applied to projects of national, binational, Central American regional significance, or by multilateral agreements, in accordance with the provisions of the applicable regulations.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 35) to 37) 37. Evaluación Ambiental Inicial (EAI) [Initial Environmental Assessment]: Procedure for analyzing the environmental characteristics of the activity, work, or project, with respect to its location to determine the significance of the environmental impact. It involves the submission of an environmental document signed by the developer, with the character and scope of a sworn statement. From its analysis, the granting of environmental viability (license) may derive, or its conditioning upon the submission of other EIA instruments.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 35) to 37) 38. Evaluación de Efectos Acumulativos (EEA) [Cumulative Effects Assessment]: It is the scientific-technical process of analysis and assessment of cumulative environmental changes, caused by the systematic sum of the effects of activities, works, or projects developed within a defined geographic area, such as a hydrographic basin or sub-basin.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 36) to 38) 39. Evaluación de Impacto Ambiental (EIA) [Environmental Impact Assessment]: Scientific-technical administrative procedure that allows identifying and predicting which effects an activity, work, or project will exert on the environment, quantifying and weighing them to lead to decision-making. In general, the Environmental Impact Assessment encompasses three phases: a) the Initial Environmental Assessment, b) the preparation of the Environmental Impact Study or other applicable environmental assessment instruments, and c) the Environmental Control and Follow-up of the activity, work, or project through the established environmental commitments.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 37) to 39) 40. Administrative file: Set of documents and information, which may be recorded or produced in written, digital, magnetic, or other media and that is officially submitted to SETENA or generated by it, related to an EIA procedure for an activity, work, or project and which includes: all types of environmental assessment documents, review forms, environmental inspection reports, minutes, official letters, resolutions, technical reports, correspondence, diskettes, compact discs, cassettes, and those other documents and information that are officially issued by SETENA or other public authorities or that are submitted by the developer, third parties, and other interested parties.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 38) to 40) 41. Environmental guarantee: Deposit of money, which SETENA establishes in accordance with applicable regulations, to safeguard the application of environmental measures for correction, mitigation, or compensation for environmental damages or negative environmental impacts not controlled by the activity, work, or project. Said deposit must be made to SETENA in the Custody Funds account of the Fondo Nacional Ambiental.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 39) to 41) 42. Environmental management of an activity, work, or project: includes the opening of a stage for the commencement of activities (inicio de actividades), works, or projects, materialized by the existence of an environmental guarantee, the appointment of an environmental manager (responsable ambiental) for the project, and registration in the digital environmental logbook. A record must be maintained of any changes in environmental significance that may occur in the Project Area.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 40) to 42) (As amended by Article 1 of Executive Decree No. 41815 of June 25, 2019) 43. Environmental manager (Gestor ambiental): Natural or legal person who performs professional work in the field of environmental management, including the process of preparing instruments for the Environmental Impact Assessment, or failing that, in the process of reviewing and approving said instruments, as well as their control and follow-up.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 41) to 43) 44. Environmental Guide (Guía Ambiental): Official environmental technical document issued by MINAE, which includes guidelines and environmental measures of a generic nature, organized according to the components of the temporal or spatial development cycle of an activity, work, or project, according to the productive sector or subsector to which it belongs, in which all its design and execution phases are included. This document, in addition to indicating the environmental measures to be applied, will provide guidance on the environmental assessment steps that must be followed in order to guarantee a true introduction of the environmental dimension in the planning, design, and execution of the activity, work, or project, and where appropriate, its expansion and improvements.
In the event that the developer of the activity, work, or project, voluntarily adheres to the content of the environmental guide, totally or partially as applicable, the State will take it as part of its environmental responsibility commitment, expediting its environmental assessment procedure.
(As amended by Article 2 of Executive Decree No. 34688 of February 25, 2008) (The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 42) to 44) 45. Environmental Impact (Impacto Ambiental): Effect that an activity, work, or project, or any of its actions and components, has on the environment or its constituent elements. It can be positive or negative, direct or indirect, cumulative or not, reversible or irreversible, extensive or limited, among other characteristics. It differs from environmental damage, to the extent and time in which the environmental impact is assessed in an ex-ante process, such that aspects of prevention, mitigation, and compensation can be considered to reduce its scope on the environment.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 43) to 45) 46. Potential Environmental Impact (Impacto Ambiental Potencial, IAP): Latent positive or negative environmental effect that the execution of an activity, work, or project would cause on the environment. It can be pre-established, taking as a reference base the environmental impact caused by the generality of similar activities, works, or projects that are already in operation.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 44) to 46) 47. Environmental Inspection (Inspección Ambiental): It is the technical and formal procedure for verification and collection of environmental data and information carried out at the site where an activity, work, or project will be developed.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 45) to 47) 48. Environmental Compliance Inspection (Inspección Ambiental de Cumplimiento, IAC): A documented process aimed at objectively verifying that the environmental commitments signed by the developer, including within them the current environmental regulations and the CBPA as applicable, are being fulfilled in the execution of the activity, work, or project. It differs from the environmental audit in that the IAC is carried out over a shorter period, covering the most significant environmental aspects.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 46) to 48) 49. Environmental Reports (Informes Ambientales): Formal documents prepared chronologically by the environmental manager (responsable ambiental) of the activity, work, or project, in which they report concisely and concretely on the progress and general situations occurring in the fulfillment of the signed environmental commitments.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 47) to 49) 50. Commencement of Activities (Inicio de Actividades): Refers to the opening of the environmental management stage for a new activity, work, or project, understood as the rendering of the environmental guarantee, the enabling of the logbook, and the designation of the environmental consultant. At the moment the environmental management stage begins, the deadline referred to in Article 46 of this regulation is interrupted.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 48) to 50) (As amended by Article 1 of Executive Decree No. 41815 of June 25, 2019) 51. Instruments and Means of Environmental Control and Follow-up (Instrumentos y Medios de Control y Seguimiento Ambiental, ICOS): Set of conditions, procedures, instructions, and requirements that a new or existing activity, work, or project must fulfill to guarantee effective environmental management.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 49) to 51) 52. Manual of Technical Instruments for the Environmental Impact Assessment Process (hereinafter, EIA Manual): Document duly published in the official newspaper La Gaceta, containing the set of bodies, procedures, instruments, processes, instructions, and guidelines—legal, administrative, environmental, and technical—that will govern the environmental assessment, control, and follow-up system established by this regulation.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 50) to 52) 53. Compensation Measures (Medidas de Compensación): These are actions that give back to society or nature, or a part thereof, for negative environmental impacts, for cumulative negative impacts, caused by the execution and operation of an activity, work, or project. (As amended by Article 1 of Executive Decree No. 32734 of August 9, 2005).
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 51) to 53) 54. Mitigation Measures (Medidas de Mitigación): These are actions aimed at reducing significant negative environmental and social impacts caused by the execution and operation of an activity, work, or project and that must be applied to the total Project Area (AP) of the activity, work, or project, and depending on their magnitude, may be applicable to its direct or indirect area of influence.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 52) to 54) 55. Prevention Measures (Medidas de Prevención): These are actions aimed at preventing the occurrence, production, or generation of negative impacts caused by the development of an activity, work, or project and that must be applied to the total Project Area (AP) of the activity, work, or project and to the direct and indirect area of influence.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 53) to 55) 56. Restoration and Recovery Measures (Medidas de Restauración y Recuperación): These are actions aimed at promoting or accelerating the recovery of altered natural and sociocultural resources, ecosystems, and habitats resulting from the execution of an activity, work, or project, recreating, to the extent possible, the original structure and function, in accordance with knowledge of pre-existing conditions.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 54) to 56) 57. Megaproject (Megaproyecto): Set of activities involving the development of works whose direct environmental, economic, social, and cultural impacts are of national scope. Its main characteristic being that it is divided into components whose dimensions are normally similar to those of activities, works, or projects that the EIA process handles individually.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 55) to 57) 58. Work (Obra): Thing made or produced by an agent. Any intellectual product in science, letters, or arts, and particularly one of some importance.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 56) to 58) 59. Regulatory Plan for Land Use Zoning (Plan Regulador de Ordenamiento del uso del suelo): The local planning instrument that defines, in a set of plans, maps, regulations, graphics, or supplements, the development policy and plans for population distribution, land uses, circulation routes, public services, community facilities, and construction, conservation, and rehabilitation of urban areas. It can be urban type, agricultural land use, or maritime-terrestrial zone.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 57) to 59) 59 bis. Environmental Development Plan (Plan Ambiental de Desarrollo): Architectural Master Plan that has incorporated the Environmental Impact Variable, according to the technical procedure established in Decree No. 32967-MINAE, which is submitted to SETENA's review to obtain its environmental viability (viabilidad ambiental). It is the proposed land-use zoning ordinance on a private property that incorporates said variable. (As added by Article 3 of Executive Decree No. 34688 of February 25, 2008) (The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 57 bis) to 59 bis) 60. Pronóstico - Plan de Gestión Ambiental (P-PGA) [Forecast - Environmental Management Plan]: Technical instrument of the Environmental Impact Assessment and is a document, in a pre-established format, that, in addition to performing a general forecast of the most relevant environmental aspects and impacts that the activity, work, or project to be developed will generate, includes: the environmental measures, their possible costs, deadlines, parties responsible for application, aimed at preventing, mitigating, correcting, compensating, or restoring environmental impacts that would occur.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 58) to 60) 61. Project (Proyecto): Set of writings, calculations, and drawings made to provide an idea of how an architectural or engineering work is to be and what it is to cost.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 59) to 61) 62. Environmental Manager (Responsable Ambiental, RA): It is the natural or legal person, registered in the SETENA Registry, hired by the developer, for the purpose of ensuring compliance with the environmental commitments undertaken by the activity, work, or project, the CBPA, and the applicable regulations. They have the obligation to officially inform SETENA and the environmental authority of the results of the follow-up and control in accordance with the provisions of this regulation and other applicable regulations.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 60) to 62) 63. Significance of Environmental Impact (Significancia del Impacto Ambiental, SIA): Consists of the qualitative and quantitative assessment of a given environmental impact, within the context of a process of valuation and harmonization of criteria such as the current environmental regulatory framework, the planned use purpose for the area to be developed, its environmental fragility condition, the potential social effect that could arise, and the relationship of the project's environmental parameters.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 61) to 63) 64. Terms of Reference (Términos de Referencia, TER): It is the minimum list of technical-legal-administrative guidelines necessary for the preparation of an Environmental Impact Assessment instrument. It is based on a basic reference guide established by SETENA after the Initial Environmental Assessment process, whenever it has been decided that the submission of an EsIA or other EIA document is necessary.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 62) to 64) 65. Environmental Viability (License) (Viabilidad (Licencia) Ambiental, VLA): Represents the condition of acceptable harmonization or balance, from the point of view of environmental load, between the development and execution of an activity, work, or project and its potential environmental impacts, and the environment of the geographic space where it is intended to be implemented. From the administrative and legal point of view, it corresponds to the act by which the Environmental Impact Assessment process is approved, whether in its Initial Environmental Assessment phase, or the Environmental Impact Study phase, or another EIA document.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 63) to 65) 66. Potential Environmental Viability (Viabilidad Ambiental Potencial, VAP): It is the temporary environmental approval, which SETENA grants to those activities, works, or projects that carry out the Initial Environmental Assessment and still require the submission of other EIA documents to obtain the definitive VLA.
(The numbering of the preceding subsection was shifted by Article 5 of Executive Decree No. 37803 of June 25, 2013, which moved it from subsection 64) to 66)
Initial Environmental Assessment of Activities, Works, or Projects
Categorization, classification, and qualification of activities, works, or projects