This Executive Decree shall enter into force upon its publication in the Official Gazette La Gaceta.
Given at the Presidency of the Republic.-San José, on the nineteenth day of July of two thousand five.
SETENA Ministry of Environment and Energy National Environmental Technical Secretariat
ENVIRONMENTAL ASSESSMENT DOCUMENT D-1 SINALEVI NOTE: Due to the type of format, consult this annex in Alcance No. 43 to La Gaceta No. 223 of November 18, 2005.
(Thus amended point 1.1. titled "General Data" of Section 1 "General Information" of this Annex, by Article 3° of Executive Decree No. 34375 of October 8, 2007).
(*) A.3. A copy of the identity card, passport, or other identity document of the legal representative (to be compared with its original or a certified copy).
(*) (Thus added subsection A.3 in point 1.3 titled "Legal and Technical Documentation that must be attached to the D1" of this Annex, by Article 4° of Executive Decree No. 34375 of October 8, 2007).
(Thus amended subsection f) of point 1.4. titled "Complementary technical documents" of this Annex, by Article 5° of Executive Decree No. 34375 of October 8, 2007).
(Thus amended point 1.5. titled "General description of the environmental situation of the site where the activity, work, or project will be developed (basic characterization of the Project Area (AP) and area of influence)" of this Annex, by Article 6° of Executive Decree No. 34375 of October 8, 2007).
(Thus amended points 2 "CONSUMPTION/AFFECTATION" and 3 "IMPACT ON WATER, AIR, SOIL, AND HUMANS" of this Annex, by Article 7° of Executive Decree No. 34375 of October 8, 2007).
5. WEIGHTING CRITERIA (Thus amended Section 5 (Weighting Criteria) of the Environmental Assessment Document D1 of this Annex, by Article 8° of Executive Decree No. 34375 of October 8, 2007).
Guide for completing the Environmental Assessment Document D-1.
SINALEVI NOTE: Consult this annex in Alcance No. 43 to La Gaceta No. 223 of November 18, 2005.
Completion of the D-1. General Aspects 1. General Information.
1.1 General data.
The consultant and the developer must fill in the boxes for this component completely, and proceed as follows:
BOX No. 1. NAME OF THE ACTIVITY, WORK OR PROJECT. Write the name of the activity, work, or project to be developed. For example: "La rejita" gate workshop or "El Repollito" farm; the name of the activity, work, or project may or may not coincide with the developer's corporate name (razón social).
BOX No. 2. NAME OR CORPORATE NAME OF THE OWNER, NATURAL OR LEGAL PERSON. Write the full name of the owner, if a natural person, or its name, corporate or business name, if a legal person.
BOX No. 3. IDENTITY DOCUMENT. Note the identity card number or the legal entity identification number, as applicable, of the owner (developer) of the activity, work, or project, for which the environmental viability (license) is requested. Natural persons who do not have Costa Rican citizenship may use their passport number, residency permit, or any other official document valid in Costa Rica. When this is the case, the type of identification used must be detailed.
BOX Nos. 4, 5, 6, 7, 8, and 9. GENERAL INFORMATION. Note, clearly and precisely, the information requested, so that the developer of the activity, work, or project for which the environmental viability (license) is requested can be easily located.
BOX Nos. 10, 11, 12, and 13. ON THE ADMINISTRATIVE AND GEOGRAPHIC LOCATION. Note, clearly and precisely, the information requested, so that the activity, work, or project for which the environmental viability (license) is requested can be easily located.
BOXES No. 14 TO No. 22. INFORMATION AND QUALIFICATIONS OF THE LEGAL REPRESENTATIVE. Note in these boxes the information required for the owner (developer) or, in the case of legal persons, for their legal representative. Natural persons who do not have Costa Rican citizenship may use their passport number, residency permit, or any other official document valid in Costa Rica. When this is the case, the type of identification used must be detailed.
BOX No. 23. ISIC NUMBER. Classification of the activity, work, or project to be carried out according to the International Standard Industrial Classification of productive activities, version 3. See the list found in Annex 2 of Executive Decree No. 31849-MINAE-MOPT-MAG-MEIC.
BOX No. 24. CLASSIFICATION ACCORDING TO POTENTIAL ENVIRONMENTAL IMPACT (IAP). Indicate the initial classification granted by Executive Decree No. 31849-MINAE-MOPT-MAG-MEIC, in Annex 2 according to the potential environmental impact of the activity, work, or project.
BOX No. 25. NAME OF THE RESPONSIBLE ENVIRONMENTAL CONSULTANT. Note, clearly and precisely, the information requested, so that the responsible environmental consultant for the activity, work, or project for which the environmental viability (license) is requested can be easily located.
BOX No. 26. REGISTRATION NUMBER WITH SETENA. Note the number that SETENA assigns when it approves the registration or renewal in the registry of environmental consultants.
BOX No. 27. VALID UNTIL/ BY RESOLUTION No. Note the validity of the registration or renewal in the registry of environmental consultants. As well as the number and date of the resolution of said approval.
BOX No. 28. PROJECT SUMMARY. Note clearly and precisely the information requested in the following project description sheet:
Project Description Sheet Note: It must be filled out and submitted on a separate sheet, attached to the D1.
1.2 Sworn declaration signatures.
In this section, the persons responsible for completing the D-1 form, that is, the project developer and the responsible environmental consultant, declare under oath that the information contained in this form is true and up-to-date, and that they assume the responsibilities and know the legal consequences that correspond in case of falsity or omission of information. The signatures of both are a fundamental requirement for the acceptance and processing of this document.
- a)The developer must record their name, ID number, and signature, in the case of a natural person. For a legal person, the name, ID number, and signature of the legal representative or attorney-in-fact must be indicated.
- b)The responsible consultant who signs the D-1 document must be the one who coordinated its completion and who assumes responsibility for the technical information provided therein, except for that other information, of a complementary type, which is submitted attached to the form, and which in turn must be endorsed by a professional in accordance with what is explained in this document.
- c)The responsible consultant and the developer must sign in the space provided for that purpose. As a sworn declaration and to be valid, said signatures must be authenticated by a lawyer, or failing that, both must appear before SETENA, with their respective identifications, to sign in front of the official, in accordance with Article 9 of Executive Decree No. 31849-MINAE-S-MOPT-MAG-MEIC.
1.3 Legal and technical documentation that must be attached to the D-1.
The developer must submit, together with the D-1 form, in accordance with Article 9, paragraph 3 of the cited Executive Decree No. 31849, the documents indicated in this point, for which they must proceed as follows:
- a)The consultant and/or developer shall mark with an "X" in the space indicated on the D-1 the document they are submitting attached to the form.
- b)Next to the corresponding box, they may indicate the corresponding annex number in which they present the cited document.
- c)The documents requested in this point must be submitted complete and in the manner explained and required in the D-1.
1.4 Complementary technical documents A. The basic site design (diseño básico de sitio) corresponds to a general plan of the activity, work, or project to be developed, which must include all the infrastructure components, with their respective names and development areas. Also, other related elements such as green areas, perimeter fences, and the location of main access points must be indicated. The design shall be presented at a clearly visible scale in digital or printed form, and when its size is larger than a "letter" size sheet, it must be submitted properly folded to that size. This document must state the name and signature of the professional responsible for its preparation.
B. The copy of the cartographic sheet on which the Project Area (AP) is located must be presented in digital or printed form in color and in "letter" size, or folded to that dimension. It must include the following data: a) coordinates, b) name of the cartographic sheet, c) scale, d) location of the Project Area (AP) on it according to the cadastral plan data indicated in subsection 13.2) of this Guide, and e) other data that the consultant considers useful for locating the Project Area (AP). The 1:50,000 scale sheets from the National Geographic Institute (IGN) must be used as the basis for the cartographic sheet. The most updated edition available must be used, and on the copy, the Project Area (AP) must be drawn in the center of the image so that its surroundings can be clearly seen in all directions. Enlargements shall not be used, and if other smaller-scale cartographic sheets than 1:50,000 are available, they may be submitted as appendices to the first, provided the same requirements established in this subsection regarding the location of the Project Area (AP) are met.
C. Basic engineering study of the Project Area (AP) terrain. Mark the box when it is appropriate to attach this study in accordance with Article 7 of this decree.
D. Basic geology study of the Project Area (AP) terrain. Mark the box when it is appropriate to attach this study in accordance with Article 8 of this decree.
E. Rapid archaeological report of the Project Area (AP) terrain. Mark the box when it is appropriate to attach this study in accordance with Article 9 of this decree.
F. Certification of the total investment amount of the proposed activity, work, or project, which includes the amount of expenditures for land purchase, construction of facilities, access roads, electrification works, potable and industrial water, purchase of machinery and equipment, qualified and unqualified personnel. The useful life of the Project and its estimated salvage value must be indicated. Sunk costs such as the feasibility study must not be included. The breakdown of the total investment amount must be submitted via a sworn declaration, signed by the corresponding professional.
G. Photographic record of the current conditions of the Project Area (AP). The consultant and the developer shall attach a current photographic record of the Project Area (AP) (digital or printed), indicating the date it was taken, the location of the photograph, and the detail shown.
1.5 General description of the environmental situation of the site where the activity, work, or project will be developed (Basic characterization of the Project Area (AP) and area of influence) The responsible consultant shall fill in each of the boxes referring to the Project Area and the areas of influence in accordance with the data from the cadastral plan of the farm to be developed, the site design plan of the activity, work, or project, and the field data obtained at the site on the specific topics consulted therein.
1.6 Basic climatic data The responsible consultant must fill in the requested data on this topic using as a basis the technical information from the last 5 years available from the National Meteorological Institute (IMN), or from another recognized institution, reported by the meteorological station closest to the Project Area (AP).
(Thus amended by Article 9° of Executive Decree No. 34375 of October 8, 2007)
Completion of the D-1. Initial Environmental Assessment The fundamental objective of this part is to obtain clearly and concisely the data on consumption or affectation requirements, the possible impacts of the project on the different environmental components, and other risks that the activity, work, or project will have during its execution (construction and operation).
General instructions for completing the cases.
- a)The responsible consultant, in coordination with the developer and, if so required, with other professionals related to the design and planning of the activity, work, or project, shall fill in each of the rows of the form according to its particular conditions and those of its Project Area (AP), and must indicate the case that best represents the situation to be generated. For those cases where the topic in question does not apply, the value to be placed in the box "y" shall be zero.
- b)The case must represent the environmental situation taking into account the greatest consumption or effect to be generated, regardless of whether it occurs during construction or operation. It should not be the average, but the most extreme or highest situation that will occur and, consequently, could generate the greatest environmental impact.
- c)Each case has a numerical value, which shall be placed in the column designated as "y" in the D-1 form. In the event that a particular topic does not apply to the activity, work, or project under analysis, a numerical value of "zero" shall be placed in the corresponding "y" box. All spaces with the "y" rating for the cases must be filled in.
2. Consumption/Affectation.
This component is subdivided into four main sub-components: 2.1 Water, 2.2 Soil, 2.3 Energy, and 2.4 Biotopes.
2.1. Water. This box is further divided into three effects, numbered according to the D-1, as follows:
2.1.1. Existing public aqueduct: the developer and environmental consultant must indicate if there is a public aqueduct as a water source for the proposed activity, work, or project, and indicate the level of consumption, for which they must mark the corresponding box.
2.1.2 Surface water: the developer and environmental consultant must indicate if the activity, work, or project will use a surface water source, such as an intake from a river, canal, or other, and indicate the level of consumption, for which they must mark the corresponding box.
In this case, the residual flow (caudal remanente) refers to the definition used by the MINAE Water Department, that is, it consists of 10% of the annual average.
2.1.3 Groundwater: the developer and environmental consultant must indicate if the activity, work, or project will use an aquifer as a water source, by means of a well or the capture of a spring (manantial), and indicate the level of consumption, for which they must mark the corresponding box.
2.2. Soil. This box seeks to determine if the activity, work, or project implies a modification or change in land use (uso del suelo) in the Project Area (AP), with respect to the current land-use situation. In general terms, SETENA has established that if the new activity, work, or project implies a change in the box that describes the division in the EIA List of Annex 2 of Executive Decree No. 31849, it will be understood as a modification of land use (uso del suelo).
Depending on whether or not a change in land use (uso del suelo) occurs, the corresponding box must be marked.
2.3 Energy. This box is divided into two effects:
2.3.1 Self-supply, this category is further subdivided into two:
2.3.1.1 Biofuels (bagasse, wood, organic waste of various types, among others).
2.3.1.2 Fossil fuels (diesel, bunker fuel, gasoline, gas, mineral coal, among others).
2.3.2 External supply refers to the fact that the activity, work, or project will use an external energy source from a public distribution system. The developer and environmental consultant must indicate the energy source to be used and the level of consumption, for which they shall mark the corresponding box.
In the event that an alternative energy source is to be used in emergency cases, the line corresponding to that energy source must be filled in, and the relevant box marked.
2.4 Biotope. This box refers to the potential affectation that the execution of the activity, work, or project may cause to the local ecosystem of the Project Area (AP), and in particular to those that by their nature may be considered sensitive or fragile. The sub-component is divided into:
2.4.1 Fauna: sensitive species that could be affected within the Project Area (AP), and 2.4.2 Flora: type of plant cover (cobertura vegetal) that could be affected within the Project Area (AP). Forest cover (cobertura boscosa) is defined as: "an area that has the biological characteristics of a forest, but due to its extension, does not meet the definition of forest as established in the Forestry Law (Ley Forestal, Law No. 7575, Article 3, subsection d).
The developer and environmental consultant must indicate whether fauna and flora are affected or not, and the level of affectation, for which they shall mark the corresponding box.
In the event that the Project Area (AP) where the activities, works, or projects are located is partially or totally within an Environmentally Fragile Area (Área Ambientalmente Frágil, AAF), according to the provisions of Annex No. 3 of the General Regulation on EIA Procedures, and which has relevance from a biological point of view, particularly numbers 1, 2, 3, 4, 5, 6, 8, 10 (when dealing with mangroves and other types of wetlands protected by legislation), and 11; a rapid biological study must be available as a basis for completing this box, based on the Protocol detailed in this section, which determines the main biotopes present in the Project Area (AP) and the way in which the activity, work, or project could affect them during its development.
Said study must be carried out to the extent that the activity, work, or project will cause direct affectation of sensitive biotopes, according to the judgment of a biology professional. If this is not the case, it will suffice to attach in digital or printed form a certification from the environmental consultant, a biology professional, stating that there will be no affectation to sensitive biotopes.
PROTOCOL FOR CONDUCTING THE RAPID BIOLOGICAL STUDY 1. Consultant's Name 2. Consultant Number before SETENA 3. Card number or identification in the professional association of biologists 4. GENERAL PROJECT INFORMATION Project name:
Developer Name: (optional) Geographic Location: (optional) - District - Canton - Province - Lambert Coordinates - Cartographic Sheet General project description: (optional) Total Project Area: (optional) Construction coverage area: (optional) Altitude:
5. Life Zones present (according to the Holdridge classification) in the Project Area (AP) 6. General description of the ecosystems or plant associations present in the Project Area (AP) (Forest, Old secondary growth, Young secondary growth, scrubland (charral), pasture with scattered trees, pasture without trees, cultivation, abandoned cultivation in recovery (advanced, young), etc.)
7. General description of the ecosystems or plant associations present in the project surroundings (Forest, Old secondary growth (Crecimiento secundario viejo), Young secondary growth (Crecimiento secundario joven), scrub (charral), pasture with scattered trees (potrero con árboles dispersos), pasture without trees (potreros sin árboles), cultivation, abandoned cultivation in recovery (advanced, young) (cultivo abandonado en recuperación (avanzado, joven)), etc.)
8. Are there species of flora and/or fauna under any degree or category of protection in the project's AP? Explain.
9. General characterization of the existing plant cover in the specific areas to be intervened when implementing the project.
10. If the project requires cutting down trees (referring to trees that are not part of a plantation, or that were not planted by the developer or property owner, and greater than 15 cm DBH), specify the approximate quantity.
11. Is there any ecosystem that can be classified as fragile in the AP? If so, describe it in detail.
12. In your professional judgment, is it necessary or advisable to carry out a more in-depth biological study in the AP and/or AID? Specify and justify your answer.
13. Based on the general observations you obtained from the project area, can it be assured that the project development will not affect (directly or indirectly) any natural ecosystem of interest? Specify and justify your answer.
14. If you considered (question 12) that it is not necessary to carry out a more in-depth biological study, describe in a general manner the dominant species of flora and fauna according to the following tables.
a. FAUNA:
List of fauna (birds, mammals, reptiles, and amphibians) present in the AP.
This must be done in a table that includes the following data:
| Family | Scientific Name | Common Name | Abundance¹ | Type of Observation² | Specific Location³ | | --- | --- | --- | --- | --- | --- | | Sp 1 | | | | | | | Sp2 | | | | | | 15. Notes:
. A: Abundant, C: Common, R: Rare . D: Direct, I: Indirect (tracks, feces, nests, etc.), P: Reported by neighbors in the area, R: Reported in other studies . If the observation or reference is made for the AP, AID, AII, or C (specific areas to be built) b) FLORA:
List of Observed Flora This must be done in a table that includes the following data:
| Family | Scientific Name | Common Name | Abundance¹ | Specific Location² |
|---|
| Sp1 | | | | |
| Sp2 | | | | |
16. Notes:
. A: Abundant, C: Common, R: Rare If the observation is made for the AP, AID, AII, or C (specific areas to be built) The locations where construction will take place must be sampled more intensively.
- c)AQUATIC FAUNA This must be done for all projects when the project components or any component of the project directly intervenes in some type of surface water body (Rivers, Streams (Quebradas), Lakes, Lagoons, etc.).
Any group of organisms that are indicators of the general condition of the surface water body and whose use is duly validated by a recognized scientific institution may be chosen. For example: Benthic Macroinvertebrates, Shrimp, fish, diatoms, among others.
The sampling must be quantitative, explaining the methodology used, and the interpretation of the surface water body according to the chosen methodology and group of organisms must be recorded.
Based on the field studies carried out, the results obtained must be interpreted, and a conclusion must be drawn regarding whether or not the ecosystem will be affected if the project is implemented. Likewise, you must justify your conclusions and make any recommendation you deem appropriate.
17. Consultant's Signature 18. Identification Number 19. Notes:
. It should be remembered that this document has the value of a Sworn Statement (Declaración Jurada) and that any inaccuracy or omission will entail the responsibilities contemplated by our legislation.
. If in question 12 above, you recommended carrying out a more in-depth biological study in order to analyze, with greater criteria, whether or not the project will affect any ecosystem, you may proceed to carry out a more exhaustive study and present it to SETENA along with the D1, or wait for SETENA to set the corresponding terms of reference. If you decide on the first option, you can base it on the terms of reference of the General Guide for the Preparation of Environmental Impact Assessment Instruments (Guía General para la Elaboración de Instrumentos de Evaluación de Impacto Ambiental).
3. Impact on Water, Air, Soil, and Human.
This component is subdivided into four main sub-components: 3.1 Air, 3.2 Water, 3.3 Soil, and 3.4 Human.
3.1 Air. This checkbox is further divided into the following three effects:
3.1.1 Emissions: which refers to the production of substances, particles, or gases that can be released into the atmosphere and particularly into the air of the AP and its area of influence, from: 3.1.1.1 Fixed sources (boilers, chimneys, stationary engines, sites of erosion and particle entrainment by wind, etc.); 3.1.1.2 Mobile sources (vehicles, heavy machinery such as tractors, dump trucks, cranes, etc.) and; 3.1.1.3 Ionizing radiation (or originating from high-frequency electromagnetic fields, alpha, beta, proton, X-ray, gamma, or neutron type).
The developer and environmental consultant must indicate if emissions are produced and their source, for which they will proceed to mark the corresponding checkbox.
3.1.2 Contribution of general emissions to atmospheric pollution with odors, gases, and other effects: The developer and environmental consultant must indicate whether the general emissions affecting atmospheric pollution are controlled or not, for which they will proceed to mark the corresponding checkbox.
3.2.3 Noise and vibrations: evaluates the production of noise and vibrations, within the limits established in current regulations, and assesses whether such condition can or cannot be confined. The developer and environmental consultant must indicate whether or not noise and vibrations are produced and whether they can be confined or not.
3.2 Water. Component 3.2 Water is subdivided into:
3.2.1 Surface runoff water (stormwater), the purpose of which is to assess the net environmental effect that the activity, work, or project will cause regarding the surface runoff that flows through the AP and which generates a cumulative effect on the receiving drainage of that flow. The developer and environmental consultant must indicate the percentage of increase in net surface flow referenced to the discharge area and mark the corresponding checkbox.
3.2.2 Ordinary wastewater, refers to the sewage and gray water produced by the activity of people and the way in which it is proposed to be managed in the activity, work, or project to be developed. The developer and environmental consultant must indicate the disposal that will be given to the production of this type of water and mark the corresponding checkbox.
In case 2, "proven efficiency" means that said treatment system has all the technical backing and tests to reduce wastewater pollutants to the standards established by current legislation.
3.2.3 Special type wastewater, refers to all those wastewaters that are not ordinary or stormwater and that are produced in the various types of productive activities that humans carry out. As a condition for the development of the activity, work, or project, compliance with the provisions of the current regulatory framework must be met. The developer and environmental consultant must indicate the disposal that will be given to the production of this type of water and mark the corresponding checkbox.
3.3 Soil. Component 3.3 soil is divided into the following effects:
3.3.1 Solid waste, is subdivided into: 3.3.1.1 Ordinary (classified as such in the current regulations issued by the Ministry of Health); 3.3.1.2 Special (non-hazardous, in accordance with the provisions of current regulations issued by the Ministry of Health) and; 3.2.1.3 Debris (waste, earth, and excavation materials from the demolition of constructions). In all these effects, in addition to identifying if that type of waste will be produced, indicate the disposal that will be given to it, in compliance with current legislation on the subject.
3.3.2 Hazardous waste, subdivided according to its main characteristic into: 3.3.2.1 Chemical, 3.3.2.2 Radioactive, and 3.3.2.3 Biological, according to the current regulations in the country, issued by both the Ministry of Health and the Ministry of Environment and Energy (Ministerio del Ambiente y Energía). For cases where applicable, it will be identified if there is production of this type of waste and the management and final disposal that will be given to it will be indicated. The developer and environmental consultant must mark the corresponding checkbox.
3.3.3 Earthworks (Movimientos de tierra), its purpose is to identify whether or not earthworks will exist, the volume to be mobilized, and the disposal that would be given to these materials. When the material from earthworks must be taken outside the AP, the regulations established by current legislation regarding the transport, final accumulation site, and management that will be given to this material must be complied with, which must be processed before the corresponding authorities. The developer and environmental consultant must mark the corresponding checkbox.
3.3.4 Slopes, its objective is to indicate the average slope condition of the AP and, as a consequence, the implications regarding the regulatory framework that must be complied with. In the case of agricultural, livestock, and forestry activities, what is established by the land use capacity methodology and the current regulations for soil use and conservation ordered by the Ministry of Agriculture and Livestock will be binding. Regarding the development of urban-type infrastructure, what is established by the Urban Planning Law (Ley de Planificación Urbana) and its regulation, as well as by the National Emergency Law (Ley Nacional de Emergencias) and other related regulations, will apply. The developer and environmental consultant must indicate the range in which the average slope of the AP is found and mark the corresponding checkbox.
3.3.5 Population density, aims to obtain the occupancy data of the AP territory expressed by number of occupants per hectare, so that compliance with current regulations is ensured. The developer and environmental consultant must mark the corresponding checkbox.
3.3.6 Construction density, its purpose is to obtain data on the intensity of soil sealing that will occur due to the placement of civil infrastructure. The developer and environmental consultant must indicate the percentage of construction coverage of the total project area and mark the corresponding checkbox.
3.4 Human. Component 3.4 Human is divided into:
3.4.1 Social, which contemplates two main effects: 3.4.1.1 the generation of employment or new jobs that could open as a consequence of the new activity, work, or project. The developer and environmental consultant must indicate the number of new jobs expected to be generated and mark the corresponding checkbox.
3.4.1.2 Mobilization, relocation, and transfer of people from the AP: that the development of the activity, work, or project could eventually produce. The developer and environmental consultant must indicate whether it occurs or not and mark the corresponding checkbox.
3.4.2 Cultural, includes two effects: 3.4.2.1 the landscape, assesses the effect that the infrastructure development of the activity, work, or project has on the existing landscape. The developer and environmental consultant must indicate whether or not the landscape is affected and mark the corresponding checkbox.
3.4.2.2 The scientific, architectural, and archaeological heritage, the potential impact that could occur on any of these. The developer and environmental consultant must mark the corresponding checkbox based on the impact.
3.4.3 Road network (Vialidad), aims to obtain an approximate quantitative figure on the effects that the development of the activity, work, or project could have on the existing road network in the AP or its surroundings. In cases of urban development projects (residential, industrial, commercial, and mixed) located within urban areas of moderate and high occupancy density, and with access and vehicular traffic situations that may present evident conditions of traffic congestion, particularly during "peak hours," a Road Impact Study (Estudio de Impacto Vial) and its respective approval process before the corresponding MOPT authorities must be carried out complementarily.
4. Other risks. This component includes the analysis of five main components:
4.1 Fossil fuel management, refers to whether within the facilities that the activity, work, or project will have, quantities of fossil fuels (diesel, gasoline, bunker, gas, and other similar) will be stored and managed, in order to establish an estimate of those quantities, according to the current regulatory framework.
4.2 Agrochemical management, relates to the use and management of fertilizers and pesticides in the activity, work, or project, in accordance with current legislation.
4.3 Hazardous substance management, refers to the potential use that may occur in the activity, work, or project of substances not included as part of other risks (fuels, agrochemicals, radioactive, and bio-infectious) that, due to their toxic, ecotoxic, corrosive, oxidizing, explosive, flammable, reactive nature, or that release gases which, in contact with water, soil, or air, are considered hazardous and must therefore be reported and managed in accordance with what is established by the current regulations in the country.
4.4 Radioactive material management, aims to report and record whether radioactive material would be used in the activity, work, or project, in accordance with what is established by the current regulations in the country.
4.5 Biorisk management, seeks to identify all those elements of the activity, work, or project that may represent a source of biological risks (infectious, microbiological, genetic, or other types) to the health of living beings and particularly human beings.
For all the above cases, the developer and the environmental consultant must indicate whether or not there is management of these substances or materials and mark the corresponding checkbox.
Safeguard of security and pollution prevention.
- a)The management of hazardous substances included in the topic of other risks, due to their condition as mobile and persistent pollutants, makes their environmental assessment and qualification more rigorous (double score), an aspect that is increased when the AP is located on land that may present aquifer vulnerability to pollution.
- b)This same safeguard applies to other cases for which SETENA and its Mixed Commission (Comisión Mixta) supporting the EIA process have determined that there is a need for application insofar as they are sensitive environmental components or subcomponents that require greater and better protection measures. In the case of the electronic form, the system already incorporates this aspect, and checkboxes of this type are highlighted in red.
(Thus amended by Article 9 of Executive Decree No. 34375 of October 8, 2007)
Filling out the D-1. Legal Framework As part of filling out form D-1, in the Initial Environmental Assessment section, five columns appear on the right side of the different aspects being evaluated, in which the legal framework regulating each topic is identified and referenced. These have been defined as the "z" value. For these purposes, Annex No. 8 of this Executive Decree No. 32712-MINAE presents the current legal framework that regulates the environmental management of activities, works, or projects. This legal framework is presented ordered and classified, according to the level of specification and degree of depth of the regulation, into five categories (a, b, c, d, e).
According to said classification of the regulation, the Mixed Technical Advisory Commission (Comisión Técnica Asesora Mixta) supporting the EIA Process of SETENA established a preset value for each component or subcomponent under analysis, which is incorporated into Form D-1, under the corresponding category (value of "z").
Once the corresponding regulatory framework is recognized, the value of "X" established in the next column is calculated using the equation "X = Z . Y", where "Z" corresponds to the value indicated in the form for the regulatory framework and "Y" is the value obtained for each of the aspects in the previous section. The result "X" represents the value of Environmental Impact Significance (Significancia de Impacto Ambiental, SIA) -Preliminary, for each component or sub-component analyzed in form D-1. This value is automatically calculated in the electronic D-1.
If in the process of filling out form D-1, the responsible consultant does not agree with the qualification given by SETENA in the regulatory framework, they may request from said Technical Secretariat, in writing, the reasons and arguments why they consider that the qualification established for the given environmental aspect should be analyzed and reviewed. They must attach a copy of the legal instrument on which they base their argument. SETENA will evaluate and respond to the case within the period established for it by law, and if an adjustment is approved, it will be incorporated into the next revision of the "Environmental Legal Framework that regulates the environmental management of activities, works, and projects in Costa Rica" (Annex No. 8 of Executive Decree No. 32712-MINAE).
(Thus amended by Article 9 of Executive Decree No. 34375 of October 8, 2007)
Filling out the D-1. Environmental Measures When using the electronic format of the D-1, when the value of the SIA - Preliminary (value "x"), calculated in the previous section, is 6 points or more, in which case the "X" checkbox will appear with a "yellow" or "red" color, the impact is considered significant. In this case, the responsible consultant must, alternatively, indicate the main environmental measures that would be applied to prevent, mitigate, correct, or compensate for the environmental impact that would be generated.
The way to add environmental measures for significant impacts.
- a)If in the responsible consultant's judgment, they wish to add an annex with environmental measures, the annex number must be indicated in the environmental measures column of the D-1, for each case in which such measures are proposed.
- b)The format that said environmental measures annex must have will be the following: a) it must be presented in digital or printed form b) on a letter or legal size sheet, in 10 to 11 point font with single spacing, with maximum margins of 2.5 cm on all sides, b) the size of one sheet must not be exceeded for each environmental measure annex, c) it must be indicated whether said measures will be applied during the construction or during the operation of the activity, work, or project, and d) the measures must be complementary to what is established in the current legal framework and to what is established in the Code of Good Environmental Practices (Código de Buenas Prácticas Ambientales) defined through Executive Decree No. 32079 - MINAE.
Filling out the D-1. Weighting Criteria Purpose, scope, and measurement variables of the Environmental Impact Significance (EIS).
In this part, the summation of the individual data for each environmental aspect/effect obtained by virtue of the defined cases and their corresponding legal framework (value of Environmental Impact Significance -SIA- preliminary) is carried out, from which the assessment of the Integral -EIS- of the activity, work, or project under analysis continues.
- a)In Form D-1, for the last row, called "Assessment by effect", the summation data of "X" or the value of Environmental Impact Significance (EIS) - Preliminary for each of the main analysis components (for example: water, soil, energy, etc.) will be placed.
- b)At the end of filling out Form D-1, all the values of "X" for each component will be summed. This data, symbolized as "∑", represents the "preliminary value of EIS", and is automatically placed in checkbox 1 of Part 5- Weighting Criteria of Form D-1.
- c)The assessment of the EIS must be adjusted based on two aspects: 1) the existence or not of regulations, norms, or guides applicable to the construction and operation of the activity, work, or project; and 2) the classification of the area according to the project's location zone. These aspects must be assessed following the next steps:
Step 1 The consultant and developer must obtain the Adjusted Environmental Impact Significance Value (SIAR) by the applicable regulations, norms, or guides, for which they will proceed to multiply the preliminary EIS value, represented as already indicated by the sign "∑", and will multiply it by a value "ρ", that is, they will apply the following formula:
SIAR = ∑ . ρ Where the weighting factor "ρ" may take the following values:
. the value will be "1", when a specific environmental regulation exists applicable to the operation of the activity, work, or project. In this case, the developer and environmental consultant must mark the corresponding checkbox and indicate the number or numbers of applicable Executive Decrees.
. the value will be "0.75", when there is an environmental construction or operation standard or guide, as applicable, to which the developer commits to comply. In this case, the developer and consultant must indicate the complete reference of the standard or guide to which they would adhere to regulate the activity, work, or project. When compliance with said environmental standard or guide is chosen, it will be mandatory for the developer, in what applies, from the moment SETENA grants environmental viability and will form part of the established environmental commitments. Except for those parts of the environmental standard or guide that must be complied with prior to the granting of the environmental viability (license). The responsible environmental consultant or the developer must mark the corresponding checkbox, and it is recommended that a copy of it be attached in the documentation annexed to Form D-1.
. the value will be "2", when no specific environmental regulation exists applicable to the operation of the activity, work, or project. In this case, the developer and environmental consultant must mark the corresponding checkbox.
Step 2 Once the SIAR value has been obtained, the final Environmental Impact Significance value (SIAF) must now be obtained, for which the SIAR value must be multiplied by a value "β", which gives a weighting based on the area in which the project, work, or activity is located; for this, the following formula will be applied:
SIAF = SIAR . β Where the weighting factor "β" may take the following values:
. the value will be "0.5" when the project is located in a location authorized by a Regulatory Plan (Plan Regulador) or other environmental land-use planning, approved by SETENA, including the environmental variable according to the methodology established by this Secretariat.
. the value will be "1" when the project is located in a location where a Regulatory Plan exists, but it is not approved by SETENA.
. the value will be "1.5" when the project is located in an area where no Regulatory Plan exists.
. the value will be "2" when the project, work, or activity is located in an environmentally fragile area according to what is established in Annex No. 3 of the General EIA Regulation (Reglamento General de EIA). The only possible exception to this aspect is that even being in such an area, there exists a Regulatory Plan or other environmental land-use planning approved by SETENA, including the environmental variable according to the methodology established by this Secretariat, in which case it will be multiplied by "0.5".
Classification of the activity, work, or project according to the qualification of the SIAF a) Once the SIAF value is obtained, the classification of the activity, work, or project is carried out.
- b)By virtue of the score values obtained for different theoretical runs prepared by SETENA, with the support of the Mixed Technical Advisory Commission (Comisión Técnica Asesora Mixta) supporting the EIA process, it was possible to obtain three EIS ranges, namely: a) Minimum (65-387), b) medium (168-1008), and c) maximum (352-2112). On this basis, and in consideration of the individual analysis of the various theoretical runs executed, three critical thresholds have been established as a basis for decision-making. These thresholds are:
Category A - high EIS more than 1000 EIS points.
Category B1 - moderate EIS between 300 and 1000 EIS points, and Category B2 - low EIS less than 300 EIS points Decision-making based on the EIS results.
- a)Based on the results obtained during the EIS qualification, and by virtue of what is established in Article 20 of the indicated General EIA Regulation, SETENA will request the following technical instruments of the EIA process:
Category B2 - Sworn Statement of Environmental Commitments (Declaración Jurada de Compromisos Ambientales, DJCA), Category B1 - Prognosis - Environmental Management Plan (Pronóstico - Plan de Gestión Ambiental, P-PGA), and Category A - Environmental Impact Study (Estudio de Impacto Ambiental, EsIA).
- b)The specific protocols of environmental measures proposed by the responsible environmental consultant and the developer will be taken into account by SETENA as part of the decision-making process. If said measures are satisfactory to SETENA, the individual EIS value for each topic will be reduced to half its initial value. On this basis, SETENA will define the "adjusted SIAF" value by the proposed environmental measures, and with this, establish the qualification of the activity, work, or project and its respective decision route.
- c)From the moment the activity, work, or project is qualified and its EIA processing route is decided, what is established from Section IV and subsequent sections of the indicated General EIA Regulation applies."
Table of activities, works, and projects that must comply with one or more of the requirements for complementary documents.
SINALEVI NOTE: Consult this annex in Scope No. 43 to La Gaceta No. 223 of November 18, 2005.
(Thus repealed by Article 10 of Executive Decree No. 34375 of October 8, 2007)
SINALEVI NOTE: In the Publication of this Decree, Annex 4 was not recorded; however, Annex 5 does exist, so in order to follow the consecutive numbering of the annexes, it is necessary to include No. 4.
Technical protocol for the Basic Terrain Engineering Study SINALEVI NOTE: Consult this annex in Scope No. 43 to La Gaceta No. 223 of November 18, 2005.
Technical protocol for the geological study of the AP terrain SINALEVI NOTE: Consult this annex in Scope No. 43 to La Gaceta No. 223 of November 18, 2005.
Technical protocol for the rapid archaeological study of the AP terrain SINALEVI NOTE: Consult this annex in Scope No. 43 to La Gaceta No. 223 of November 18, 2005.
Legal framework that regulates the environmental management of activities, works, or projects in Costa Rica SINALEVI NOTE: Consult this annex in Scope No. 43 to La Gaceta No. 223 of November 18, 2005.
Topic No. 6 (Occupational Health and Hygiene, employment, disability, protection of cultural, archaeological, and heritage resources, among others) | Identification Code | Legal Instrument | Number and Promulgation | Publication | Regulation Classification | | --- | --- | --- | --- | --- | | 6.28 | Law No. 7 that regulates property, control of Exploitation and trade, possession of archaeological objects and monuments. | Law No. 7 of October 6, 1938. | | a | | 6.29 | Regulation to the Law on the control of Exploitation and Trade of Archaeological Relics No. 7 of October 6, 1938. | Decree No. 14 of December 20, 1938. | | a | (Thus added the two previous identification codes to the table of Section VII, Topic No. 6: Human, of this Annex, by Article 11 of Executive Decree No. 32712 of October 8, 2007)
Glossary of main technical terms SINALEVI NOTE: Consult this annex in Scope No. 43 to La Gaceta No. 223 of November 18, 2005.
60. bis Environmental Standard. Document approved by a recognized institution that provides, for common and repeated use, rules, guidelines, or characteristics for the environmental management of activities, works, projects, or related production processes and methods, and whose observance is not mandatory. It may also include prescriptions regarding terminology and production process or method.
75. bis Technical Environmental Regulation (Reglamento Técnico Ambiental). Executive Decree establishing the characteristics, conditions of environmental management (gestión ambiental) of an activity, works or projects, the processes, production methods related to them, including the applicable administrative provisions, and whose observance is mandatory. It may also include requirements regarding terminology and processes or production methods." (Thus added the two preceding definitions to the Glossary of principal technical terms (Glosario de términos técnicos principales) by Article 12 of Executive Decree No. 34375 of October 8, 2007)