This Executive Decree becomes effective upon its publication in the Official Gazette La Gaceta.
Given at the Presidency of the Republic.-San José, on the twentieth day of February, two thousand six.
EIA Manual IV - Annex 1 General guide for the preparation of Environmental Impact Assessment instruments (EIA Guide) General Information 1) The General Guide for the preparation of Environmental Impact Assessment instruments (EIA Guide), is a basic reference orientation for the consulting team responsible for preparing the Environmental Impact Assessment (EIA) instrument to be developed. This is because the characteristics of the geographical space and the project, work, or activity to be developed will determine the applicability of the topics of the EIA Guide and the depth required for the environmental impact assessment instrument to be prepared. This same principle is also used by SETENA to evaluate EIA Instruments.
- 2)The consulting group that prepares the environmental impact assessment instrument in question must designate a coordinating professional, who will be the one listed first among the authors. The co-author professionals will be responsible for the thematic content of their specific discipline and the general assessment terms linked to those disciplines. The coordinator of the EIA Instrument will be the main person responsible for the thematic content on general aspects, not attributable to a particular discipline.
- 3)In accordance with the mandate of Law No. 7554, the developer, the environmental consultants, and those who approved the EIA instrument, are directly and jointly responsible for the environmental damage that may occur when developing the activity, work, or project. For this reason, the EIA instrument must harmonize the environmental impact with the productive processes.
- 4)For the completion of the EsIA, in Class A Megaproject-type projects, SETENA may carry out an auxiliary consultation procedure, in which, at the request of the developer, this Secretariat may appoint a Coordination Subcommission, to clarify the scope of the terms of reference of the EsIA Guide for the project and the land, in a maximum of three official technical meetings. The recommendations and changes arising from this process will be subject to approval by the Plenary Commission of SETENA.
- 5)In the event that the General Guide or EIA Guide is applied directly for the preparation of an Environmental Impact Study, the consulting team must include in the body of the document the numbering and the first- and second-order titles (5., 5.1, 5.2, for example), and in the event that the item in question does not apply to the project, work, or activity addressed or its project area, it must provide a satisfactory reasoning for that circumstance. This condition does not apply to those projects, works, or activities that received specific terms of reference via the initial environmental assessment.
General guide for the preparation of Environmental Impact Assessment instruments (EIA Guide) | No. | Topic | Explanation | | --- | --- | --- | | 0. | Cover Page | Developing company, Name of the activity, work, or project, geographic location, document title, and other data that clearly identify the document in question. | | 1 | Table of Contents | Present a table of contents (or index), including chapters, tables, figures, maps, annexes, and others, indicating the page where they are found in the document. It must be presented at the beginning of the study and must match the order of the terms of reference granted, in the event that these were granted. | | 2 | Environmental Impact Declaration (Declaratoria de Impacto Ambiental, DIA) | Technical summary of the study: its vocabulary must be easily understandable to the general public. It must indicate in a general manner: introduction (objectives, location, owning entity, justification); description of the project, work, or activity (phases, complementary works, etc.); environmental characteristics of the area of influence (summary of the environmental diagnosis); impacts of the project, work, or activity on the environment; impacts of the environment on the project, work, or activity; corrective or mitigation actions as well as its Environmental Management Plan and a summary of environmental commitments. One copy must be delivered to the Municipality(ies) of the canton(s) where the Project is located, prior to delivering the EsIA to SETENA, and the original received stamp must be presented. | | 3 | Introduction | Introduction to the document, whose main parts include: a) scope, b) objectives, c) methodology, d) duration of the instrument's preparation. | | 4. | General Information | | | 4.1 | Information on the natural or legal person | In the case of a Legal Person: Company Name, original or certified copy of the Legal Entity Identification Card (Cédula Jurídica), Registration Record, address and fax for notifications, legal representative. Certification from the Public Registry or a Notary Public of the Legal Status of the Company that will execute the Project, as well as of its legal representatives. In the case of a Natural Person: original or certified copy of the Identity Card, address and fax for notifications. | | 4.2 | Information on the professional team that prepared the EIA | List of participating professionals, signatures, specialty of each one, as well as their registration number with SETENA. Provide their signatures authenticated by a lawyer or, alternatively, appear before SETENA so that the SETENA official, possessing public faith, certifies their authenticity. | | 4.3 | Terms of reference for the EIA conducted | Incorporate a copy of the Resolution and the terms of reference agreed upon by SETENA on which the EIA is based, or failing that, a clarification regarding the direct use of this General Guide. | | 5 | Project Description | Description of the objectives and purposes of the project, work, or activity. Descriptions of the possible options for the project, work, or activity. | | 5.1 | Geographic location | Present a cadastral plan, original or certified photocopy, with the location of the land where the Project will be developed. Also, a figure with a portion of the corresponding cartographic sheet (1:50,000 or 1:10,000) from the National Geographic Institute (IGN), indicating the location of the Project Area (AP) and delineating its Direct Area of Influence (AID), and the geographic or Lambert projection coordinates of the AP must be established. If the land belongs to another owner, a legal document must be presented authorizing the project proponent to carry out the proceedings before SETENA on that property, except for special cases that are exempt from this requirement, according to SETENA's criteria, such as linear projects (roads, transmission lines, hydroelectric projects, and other similar ones). | | 5.2 | Political-administrative location | Province, canton, district, exact address. | | 5.3 | Technical justification of the Project and its options | Derivation and description of the preferred option and other options that were considered as part of the Project or components thereof. Options must be considered at the solution level (strategic), Project level (site), or activity level (implementation). They may also be of type: i) selected option, ii) most environmentally favorable option, and iii) zero option. Regarding the Project components (Selected Option), the justification must be based on: a) description of the issue or problem to be addressed, b) the analysis of the causes of that problem, c) the way in which the Project will solve or reduce the problem, and d) the results of these steps, that is, the specific objectives of the Project. | | 5.4 | Concordance with the land use plan | Indicate whether the proposed project, work, or activity proposes a use in conformity with the existing planning for its development area. It must be indicated whether such planning is local (Canton), regional (group of cantons or watershed), or national. If no plan exists, state this. Present a note of conforming use from the respective Municipality, the National Institute of Housing and Urbanism (INVU), and the Costa Rican Tourism Institute (ICT) as applicable, and in the event that it was not included during the initial environmental assessment. | | 5.5 | Estimated area of the Project and area of influence | Define and present on a base map at a scale of 1:10,000 or 1:50,000 the PROJECT AREA (AP) and the direct (AID) and indirect (AII) AREAS OF INFLUENCE (AI), taking into account the following: The project area is the land where the project, work, or activity will be carried out, specifying the net and total area. Area of Influence: A direct (AID) and indirect (AII) area of influence must be defined for the biological, physical, and social environments. The AID is the area that will potentially receive the biological, physical, and social impacts directly caused by the project. The AII is the area that will potentially receive the biological, physical, and social impacts indirectly caused by the project. Both areas must be defined with a justification based on technical and scientific criteria by the responsible professionals, and must be argued individually. | | 5.6 | Development phases or Activities to be carried out in each phase of the Project | Description of the main activities to be carried out during the construction and operation of the Project, work, or activity. For example: clearing and cutting, earthworks (movimiento de tierra), transport of personnel, production of goods, others. If the Project has a useful life of less than 10 years, the closure activities must be included. | | | o Execution time | Specify the duration of each aforementioned phase, projected in years or months if necessary. | | | o Activity flowchart | Present a diagram showing the Project activities and their respective duration sequentially. | | | o Infrastructure to be developed | Detail all the infrastructure to be built and its area (m2), presenting a diagram of the site plan. | | 5.7 | Construction phase | | | 5.7.1 | Equipment and materials to be used | List of materials, machinery, and equipment to be used in each of the construction activities. | | | o Materials to be used | Indicate the materials (and their environmental hazard characteristics) to be used in construction and the location and characteristics of the site where they will be stored. | | | o Equipment mobilization routes | Description of the mobilization routes for the machinery and equipment to be used and characteristics of the roads along which they will be moved. This refers to mobilization to and from the AP. | | | o Mobilization frequency | Estimate the number of vehicles mobilized as a result of the project on the mentioned routes per unit of time (per hour or per day). | | | o Mapping of routes most heavily traveled due to the project, including accesses | Present a map with the surrounding routes that will be the most traveled due to the effects of the Project to and from the AP, work, or activity, in this phase, pointing out important places such as schools, hospitals, parks, bridges, others. | | 5.7.2 | Resource needs in this phase o Water | Define the quantity to be used (m3/day or month), as average, maximum daily, and maximum hourly flow, the supply source, the conditions of the source, and the use it will be given (industrial, irrigation, potable, etc.). | | | o Electrical energy | Define the quantity to be used (Mwh/year, or the equivalent in L of fuel per year, or TJ/year), the supply source, and the use it will be given. | | | o Sewerage (wastewater) | Define the availability of the service. | | | o Access roads | Detail the access needs for the Project, work, or activity, and their current state. | | | o Labor | Estimated employment generation. Indicate where it will come from. | | | o Camps | Explain whether a temporary camp will be necessary and detail aspects regarding it, such as: area to be occupied, number of people, required facilities, basic services, location, others. | | | o Others | If necessary, indicate other services that will be used. | | 5.7.3 | Disposal of ordinary, special, industrial, and hazardous waste and residues | Indicate information regarding: storage, handling, transport, distribution, treatment, and final disposal of the waste and residues indicated below. In all cases, all prevention measures to be taken as part of the project must be established. | | | o Solid | Indicate the quantity and quality of solid waste and where it will be deposited. Indicate the location and characteristics of the disposal site, and the handling it will receive. Specify the volumes of soil or other materials to be removed. Specify the disposal site and the characteristics of said site, the handling it will receive, and all the prevention measures to be taken at that site. | | | o Liquid (including drainage) | Indicate the quantity and quality of liquid waste and how it will be treated. In the case of using a septic tank, present the contaminant transit speed tests; in the case of using a Treatment Plant, indicate the type of system, the location of works necessary for the discharge, the receiving body, and its characteristics. Also, the person responsible for the management and maintenance of said plant, as well as the location permit issued by the Ministry of Health. | | | o Gaseous | Indicate the quantity and quality of the emissions that will be generated. | | | o Recyclable and/or reusable | Note the materials that are recyclable and the place where they will be processed. Provide acceptance notes from the receivers of said materials. | | 5.7.4 | Inventory and handling of raw materials and hazardous substances in this phase | Present an inventory of such substances, indicating the name, degree of hazard, active elements, site, its characteristics and storage methods, as well as any other relevant information. Include fuels and lubricants. | | 5.8 | Operation phase | | | 5.8.1 | Equipment and materials to be used | List of materials, machinery, and equipment to be used in each of the operation activities. | | | o Materials to be used | Indicate the materials (and their environmental hazard characteristics) to be used in the operation and the location and characteristics of the site where they will be stored. | | | o Equipment mobilization routes | Mobilization routes for the machinery and equipment to be used and characteristics of the roads along which they will be moved. Present a map with the mentioned routes. This refers to mobilization to and from the AP. | | | o Mobilization frequency | Number of vehicles mobilized on the mentioned routes per unit of time (per hour or per day). | | | o Mapping of routes most heavily traveled due to the project, including accesses | Put on a map the surrounding routes that will be the most traveled due to the effects of the Project, work, or activity, pointing out important places such as schools, hospitals, parks, bridges, others. | | 5.8.2 | Resource needs in this phase o Water | Define the quantity to be used (m3/day or month), as average, maximum daily, and maximum hourly flow, the supply source, and the use it will be given (industrial, irrigation, potable, etc.). If there is no availability through an Aqueduct, the Hydrogeological Study demonstrating the site's potential to supply the project must be presented. | | | o Electrical energy | Define the quantity to be used (Mwh/year, or the equivalent in L of fuel per year, or TJ/year), the supply source, and the use it will be given. | | | o Sewerage (wastewater) | Define the availability of the service. | | | o Labor | Estimated employment generation. Indicate where it will come from. | | | o Others | If necessary, indicate other services that will be used. | | 5.8.3 | Disposal of ordinary, special, industrial, and hazardous waste and residues | Indicate information regarding: storage, handling, transport, distribution, treatment, and final disposal of the waste and residues indicated below. In all cases, all prevention measures to be taken as part of the project must be established. | | | o Solid | Indicate the quantity and quality of solid waste. Indicate the site where it will be deposited and its characteristics, and the handling it will receive. | | | o Liquid (including drainage) | Indicate the quantity and quality of liquid waste and how it will be treated. In the case of using a septic tank, present the contaminant transit speed tests; in the case of using a Treatment Plant, indicate the type of system, the location of works necessary for the discharge, the receiving body, and its characteristics. Also, the person responsible for the management and maintenance of said plant, as well as the location permit issued by the Ministry of Health. | | | o Gaseous | Indicate the quantity and quality of the emissions that will be generated. Specify the years the project will have emissions. | | | o Recyclable and/or reusable | Note the materials that are recyclable and the place where they will be processed. Provide acceptance notes from the receivers of said materials. | | 5.8.4 | Inventory and handling of raw materials and hazardous substances in this phase | Present an inventory of such substances, indicating the name, degree of hazard, active elements, site, its characteristics and storage methods, as well as any other relevant information. Include fuels and lubricants. Indicate the proposed handling system. | | 5.9 | Closure phase | The activities to be carried out in this phase must be described for projects, works, or activities whose useful life is less than 10 years. | | 5.9.1 | Description of the activities proposed for closure | Detail of each of the activities that comprise the project closure. For example: dismantling of facilities, transport and disposal of waste, land recovery, among others. Also, the prevention measures to be taken as part of the project. | | | o Implementation schedule | Present the temporal distribution of the activities described for this phase. | | | o Responsible parties | Indicate the party responsible for implementing the activities described for this phase. | | 6 | Description of legal regulations | 6.1 Legal framework. The legal regulations of different orders (international, national, municipal) that must be considered in the development of the Project must be indicated. Explain how those legal regulations influence the project. Present in table form, brief and concise, the law, restrictions, sanctions, and benefits. | | 7 | Description of the physical environment | | | 7.1 | Geology or Regional geological aspects | Describe the most relevant aspects for the regional location and general characterization of the Project. Present geological maps that include: a) geotectonic context (scale 1:200,000); b) regional stratigraphic and structural context (scale 1:50,000). Bibliographic references from recent or updated geological works must be used. | | | o Local geological aspects | Description of the geological units, including both rocky ones and superficial formations. A basic technical description and fundamental geological attributes, as well as alteration levels and fracture systems, must be included. | | | o Structural analysis and evaluation | Present an analysis of the geological structure of the local units and a basic neotectonic evaluation of the AP (geometry of the units, contacts, dips, faults1, alignments, folds, and others). (1 In the event that the presence of an active or partially active fault is detected, the Protocol for Active Geological Faults that SETENA will publish separately from this guide must be applied, and only when the development of infrastructure for human occupation is intended on or near (equal to or less than 50 meters) the trace of the geological fault). Present on a map at a scale of 1:10,000, or greater detail. | | | o Geological map of the AP and AID | Present a map of the area indicating the local geological factors. Accompany with explanatory geological profiles and cross-sections, as well as stratigraphic columns that reinforce and clarify the geological model deduced for the land under study. Likewise, an indication must be made of the physical-geological environment resources that exist in the area (springs (nacientes), wells, quarries, and others). Include outcrops in the geological map. The map must be presented at a scale that shows detail. | | | o Geotechnical characterization | Present a geotechnical characterization of the soils and superficial formations, based on susceptibility to erosive processes, stability characteristics, bearing capacity, and permeability. The above must be supported by data from laboratory tests performed on the samples, data that must be provided in the annexes in the event they were not included as part of the initial environmental assessment of the project, work, or activity. | | | o Slope stability | Present a slope stability study providing the data from the laboratory tests performed on the samples in the event that they were not included as part of the initial environmental assessment of the project, work, or activity. | | 7.2 | Geomorphology o Regional geomorphological description | Description of the relief and its dynamics, for the understanding of erosion, sedimentation, and slope stability processes. | | | o Local geomorphological description | Description in the AP and AID of the relief and its dynamics, for the understanding of erosion, sedimentation, and slope stability processes. | | | o Geomorphological map | Geomorphological map of the study area, at a scale of 1:10000, or greater detail, indicating the factors of interest, also including the slope map or slope categories according to the following percentage ranges: 0-3, 3-8, 8-15, 15 - 30, 30 - 60, and > 60 %. | | 7.3 | Soils | For agricultural, livestock, and forestry projects, a georeferenced soil study must be presented, containing: Scale 1:10,000 or greater. Observation density of 40 to 60 per km2 (auger holes and/or test pits). Morphological description of each of the observations according to the FAO Manual. Taxonomic classification, up to the subgroup level, according to the 1999 standards established by the USDA. Land use capacity, at the management unit level, according to the MAG-MIRENEM decree. Recommendations for use, management, conservation, and recovery of soils derived from the study and related to the work, activity, or project. Said study may be conducted by a professional duly accredited through Law No. 7779, on Use, Management, and Conservation of Soils and endorsed by the National Institute of Innovation and Transfer in Agricultural Technology (INTA) and its Department of Technical Services, or prepared by said institute. | | 7.4 | Climate | Regional and local description of climatic characteristics (wind, temperature, relative humidity, cloudiness, rainfall, etc.) for the understanding of the factors influencing rehabilitation processes and the dimensioning of drainage systems and hydraulic structures (support with figures and tables). Use information from the meteorological station closest to the site. Maps of climatic factors (regional and local). Other characteristics of climatic phenomena. | | 7.5 | Hydrology | | | 7.5.1 | Surface waters | Description of the regional hydrographic network linked to the AID. Present on a hydrographic map. Highlight on said map the water bodies that could potentially be affected by the Project (water intake, effluents, modification of channel or bank, etc.). | | | o Water quality | Bacteriological, physicochemical, and biological characterization of the surface waters that could be directly affected by the Project, analyzing the parameters that could potentially be altered by the implementation of the development activity (e.g.: temperature, electrical conductivity, total suspended and dissolved solids, COD, BOD, dissolved oxygen, oils and greases, heavy metals, nitrogen, sulfates, chlorine, fluorine, and total coliforms). Evaluation of these characteristics. For the biological variable, a study of benthic organisms or periphyton must be conducted using the EPA methodology or another similar one. | | | o Flood levels | Determine the historical frequency of floods at the Project site, based on the knowledge of local populations and reports from the corresponding Authorities. Present on a map or figure, the flood zones, overlaid on the project works. | | | o Flows (maximum, minimum, and average) | In the case of flow or channel modifications as a result of the project implementation, conduct a hydrological study for the sub-basin that includes flood possibilities. Use current data, when it exists. | | | o Currents, tides, and waves | For those projects located in the coastal zone, present data on the water dynamics of the coastal zone, including extreme events. Present in a figure or map. | | 7.5.2 | Groundwater | Locate and characterize the aquifers located in the AP and AID. Indicate the depth of the water table. Use information from the authorities related to the matter or self-generated information. | | | o Vulnerability to contamination | Analysis of susceptibility to contamination (with project and without project). The use of some specialized methodology for such effects is recommended, for example: GOD, DRASTIC, or another similar one that adapts to the conditions and information available. | | | o Map of hydrogeological elements | Present a map showing the projected extent of the aquifer, recharge areas, hydrogeological units, springs (nacientes), drilled and dug wells, surface contamination sources, and others; include the aquifer vulnerability zones to contamination. | | 7.6 | Air quality | General characterization of air quality. Parameters must be analyzed (in accordance with the standards established by current legislation) that could potentially be altered by the execution of the Project, work, or activity. The technical information must be complemented with information that the local population can provide. | | | o Noise and vibrations | Characterization of the noise and vibration level in the study area, against the values indicated by specific or general standards (in accordance with current regulations), related to wind characteristics and other factors. | | | o Odors | Characterization of odors in the study area, related to wind characteristics and other factors. | | | o Gases | Characterization of gaseous emanations in the study area, against the values indicated by specific or general standards (in accordance with current regulations), related to wind characteristics and other factors. | | 7.7 | Natural hazards | The technical information must be complemented with information that the local population can provide. Furthermore, the opinions and technical criteria of emergency response organizations with influence in the area must be considered. | | | o Seismic hazard | Indicate the generalities of the seismicity and tectonics of the surroundings: seismic sources near the AP, historical seismicity, maximum expected magnitudes, maximum expected intensities, seismic recurrence period, result of the hazard based on peak ground acceleration for the site, site vibration periods, microzonation based on the geological map. This analysis must be conducted in accordance with what is established in the current Seismic Code (Código Sísmico). | | | o Active geological faults | Analyze, using neotectonic criteria, the potential for surface rupture due to active geological faulting located in the AP or AID. | | | o Volcanic hazard | Identify active centers of volcanic emission located within a 30 km radius of the AP. If any active center exists within that 30 km range, determine the susceptibility of the AP to: pyroclastic flows, volcanic avalanches, mudflows, lava flows, opening of new volcanic cones, ash falls, dispersion of volcanic gases, and acid rain. | | | o Mass movements | Analyze, in the AP, the mass movements (landslides, rockfalls, collapses, soil creep, etc.). This must be presented for all Projects, works, or activities developed on land with slopes greater than 15%. | | | o Erosion | Analyze the susceptibility of the AP to other erosion phenomena (linear, sheet). | | | o Floods | Define the flood vulnerability of the AP, and in the case of coastal zones, to tsunamis and hurricanes. | | | o Liquefaction, subsidences, and sinkholes | Analyze the terrain's susceptibility to phenomena of liquefaction, subsidences, and sinkholes. | | | o Susceptibility map | Present a terrain susceptibility map to natural hazards, including all the factors mentioned above. Use regional maps only for consultation. The susceptibility map must be self-prepared, according to the local characteristics found. Locate the project works on said map. | | | 8 Description of the biological environment | Characterize the ecological and biological integrity of the environment (state of conservation of the environment). | | 8.1 | Introduction | Indicate and describe the biological characteristics of the study area (including the AP and AID) based on the type of life zone. Indicate the existence of biological corridors, riparian forests, and similar features in the area. Present as a figure or map. | | 8.1.1 | Terrestrial Environment or Protection status of the AP | Indicate the protection category assigned by the National System of Conservation Areas (SINAC) to the AP. | | | o Life zones | Describe the bioclimate for each life zone in the AP and AID. Relate the project's AP and AID with respect to the humidity province, latitudinal region, and altitudinal belts to which they belong. | | | o Natural associations present | Identify each natural association (ecosystem) present in the AP and AID. Indicate the respective potential for conservation and give its extent in hectares. If two or more associations are present, indicate them on a map at an appropriate scale. | | | o Current vegetation cover (cobertura vegetal) by natural association | Describe the current cover (cobertura) in the AP and AID, associating the information obtained with respect to the fauna present. Calculate the number of trees (DBH greater than or equal to 15 cm) per hectare in the AP. | | | o Indicator species by natural ecosystem | In the AP and AID, identify flora and fauna species that typify or characterize the analyzed ecosystems. Identify them by their scientific and common name. | | | o Endemic species, species with reduced populations, or species in danger of extinction | Present a list of the flora and fauna located in the AP and AID that are protected by current legislation, including the CITES international convention. Identify them by their scientific and common name. | | | o Fragility of ecosystems | Qualify the fragility of the ecosystems analyzed in the AP and AID, based on their intrinsic recovery capacity (for example: high fragility when any alteration does not allow recovery of its original state; low fragility when any alteration can be reversed naturally in a period of less than one year, technically justifying the rating given). Define the need for buffer zones in the AP. | | 8.1.2 | Marine Environment or Protection status of the AP | Indicate the protection category assigned by the National System of Conservation Areas (SINAC) to the AP. | | | o Marine populations and communities present | Describe the trophic composition and structure in marine communities and populations present in the AP and AID (reefs, communities associated with seabed rocks, etc.). Describe the AP with respect to its use as a reproduction, feeding, passage, and/or refuge site for species, and determine its importance. | | | | o Indicator species by marine ecosystem | In the Project Area (AP) and Direct Influence Area (AID), identify the species that typify or characterize the present ecosystem. Identify them by their scientific and vernacular name. | | | o Endemic species, species with reduced populations, or endangered species | Present a list of species identified in the AP and AID that are protected by current legislation, including the international CITES convention. Identify them by their scientific and vernacular name. | | | o Fragility of the marine environment | Rate the fragility of the ecosystems analyzed in the AP and AID, based on their intrinsic recovery capacity (for example: high fragility when any alteration does not allow recovery to its original state; low fragility when any alteration can be reversed naturally in a period of less than one year, technically justifying the rating given). Define the need for buffer areas (áreas de amortiguamiento) in the AP. | | 8.1.3 | Aquatic environment (inland waters) or Aquatic fauna | Describe the ecosystem in terms of the existing species, taking into account larger species such as otters, crocodiles, water opossum, tapirs, turtles, fish, etc. | | | o Characterization of the Riparian Ecosystem | Characterize the areas adjacent to the existing aquatic ecosystems in general terms such as pastureland, scrubland (tacotal), forest, crops, etc., and identify the flora species and present the list with scientific and vernacular name. | | | o Indicator species | Characterize the structure of the aquatic communities based on macrobenthos or periphyton and use a recognized index for this characterization. | | | o Endemic species, species with reduced populations, or endangered species | Present a list of species identified in the AP and AID that are protected by current legislation, including the international CITES convention. Identify them by their scientific and vernacular name. | | | o Fragility of the inland aquatic environment | Rate the fragility of the ecosystem analyzed in the AP and AID, based on its intrinsic recovery capacity (for example: high fragility when any alteration does not allow recovery to its original state; low fragility when any alteration can be reversed naturally in a period of less than one year, technically justifying the rating given). Define the need for buffer areas in the AP. | | 9 | Description of the socioeconomic environment | Present an introduction and a detailed description of the methodology and most important concepts used for the preparation of this section. | | 9.1 | Current land use in adjacent sites | Present a map with land-use patterns in the AP and in sites adjacent to the Project (AID), and determine how the project could induce changes in current use patterns or how such patterns could affect the project, work, or activity. Analyze the congruence of the use proposed by the project with the existing patterns, according to the type of relationship established (for example: dependency, complementarity, antagonism, if there is no relationship), that is, the manner in which the proposed use would link with the existing pattern. | | 9.2 | REMOVE - Land tenure in adjacent sites | Characterize in general terms the land tenure (tenencia de la tierra) patterns of the AID and the AP, and analyze the effect of the project, work, or activity on such patterns. | | 9.3 | Population characteristics | The following characteristics must be analyzed and compared with the corresponding provincial, regional, and/or national indicators, analyzing the particularities found in the AP and AID, as well as the influence of the project, work, or activity on each of them. Secondary source data must be used only as a reference and comparison parameter; in all cases, information collection instruments must be developed for the analysis of the AP and AID characteristics. | | | o Demographic | Includes variables on population, such as size, structure, rates and main growth trends, health indicators, and migratory movements of the population, and other demographic characteristics. | | | o Cultural and social | Includes a general characterization of the main cultural patterns or trends that may be directly affected by the project, work, or activity. Also, a brief characterization of the social organizations with influence in the area, as well as the predominant social organization structures in the area, identifying and analyzing interest groups related to the project, their interests, needs, and position on the project. An analysis of the driving and obstructing forces of the project must also be presented, as well as the combination of various groups that could interact simultaneously during project execution. Also, the identification of existing community issues by the people of the communities. Other cultural and social characteristics. | | | o Economic | Includes the identification of economic activities in the area, economic activities of the study population, employment indicators, open unemployment rate of the AID population, so as to establish that the project's labor requirement can be met in the area (or, failing that, indicate how these project demands are met), poverty and income conditions of the study population, as well as other relevant economic characteristics and the influence of the project, work, or activity on the economic conditions of the social influence area. | | 9.4 | Road safety and current vehicular traffic conflicts | Establish the current characteristics of the AID road network, safety levels, and current traffic conflicts, and analyze them in relation to the execution and operation of the Project, work, or activity. Population perception of the potential impacts that the project, work, or activity may generate on road safety and vehicular traffic. | | 9.4.1 | Roadway Analysis 2 (2 It is recommended to use the most updated version of the Highway Capacity Manual of the Transportation Research Board, National Academy of Sciences, of the United States of America, adapted to the conditions of Costa Rica). | Demonstrate through a document that, regarding the effects on road traffic, the criterion or technical endorsement of the corresponding authority of the Ministry of Public Works and Transport (MOPT) has been obtained. The results of this roadway analysis must be considered from the perspective of their impact on the biophysical and social environment, so that the methodology to be used is the same as that required by MOPT, and this same study may be submitted to that institution, but the objectives of the analysis are different. | | | o Functional analysis in the direct social influence area of the project (Scenarios Without Project, does not incorporate the development of other works, projects, or activities) | Must include: Description of the current situation (includes: geometric description of roads, road safety, signage, sidewalks, pedestrian facilities in general, road condition, among others) Current volumes and at 5 years Analysis of capacity, service levels, calculation of delays and queue lengths, average per access and movement for the current situation, during the morning and afternoon peak hours, on the most critical weekday and on weekends. Any other traffic condition | | | o Trip attraction and generation analysis for the project (Expected Vehicular Flow) Redistribution of vehicular flows | Analysis of the routes and frequency of vehicle mobilization generated by the operation of the Project, including users, services, and others. Indicate if emergency vehicle routes are affected. Characterization of the redistribution of vehicular flows in the direct social influence area and at the access point(s) to the project. This refers to the incorporation of the project into the functional analysis in the direct social influence area. | | | o Functional analysis of the project influence area (Scenarios With This Project, incorporates the development of other works, projects, or activities, as well as road projects and possible proposed solutions) | Must include: Description of the situation with projects (road and other works, projects, or activities) and at 5 years (includes: geometric description of roads, road safety, signage, sidewalks, pedestrian facilities in general, road condition, among others) Volumes with projects (road and other works, projects, or activities), -includes the vehicle redistribution values for the proposed solutions- and at 5 years Capacity analysis, service levels, delay calculations and queue lengths, average per access and movement, for the situation with projects (road and other works, projects, or activities) and the possible solutions, during the morning and afternoon peak hours of the most critical weekday and during the peak hours generated by the project, whether on a weekday or weekend. | | | o Comparative summary table | Summary by table of the results of the average delays per movement, per access or intersection, must be prepared for each of the previously analyzed scenarios | | | o Conclusions and recommendations | Conclusions and recommendations for road improvements proposed in each of the analyzed scenarios. The recommendations from the scenarios with projects that will be effectively implemented by the developer must be clearly specified in the Environmental Management Plan (Plan de Gestión Ambiental) | | 9.5 | Available Emergency Services | Analyze and characterize the existing services: fire station, Red Cross (Cruz Roja), Police, hospitals, clinics, and others, that provide coverage for the eventual needs generated by the project, work, or activity. Population perception of the potential impacts that the project, work, or activity may generate on available emergency services. | | 9.6 | Basic services | available Identify the availability of basic services: potable water, sewerage, electricity, public transportation, garbage collection, educational centers, health services, and others. Also, analyze the access, quantity, and quality of services available to the study population. Population perception of the potential impacts that the project, work, or activity may generate on available basic services. | | 9.7 | Local perception of the Project and its possible impacts | Indicate the perception, position, attitudes, and concerns of the inhabitants of the social influence area regarding the execution of the project, work, or activity, the transformations generated by it, as well as the perception of potential environmental impacts that such execution could generate. Also, identify the information needs that the population has about the project, work, or activity. Identify and characterize the possible social conflicts that may arise from execution. To complete this section, the following studies must be used, as appropriate: | | | o Qualitative study | Conducted using a qualitative information collection instrument applied to key informants (political, economic, institutional, communal, among others) in the direct and indirect influence area (in-depth interviews, focus groups, or other). This study will be applied for projects whose INFLUENCE AREA contains dispersed or concentrated rural populations. The main impacts determined in the study must be analyzed in the impact assessment, and mitigation and/or compensation measures must be established for them. | | | o Quantitative study | Conducted using a local perception survey about the project, which must be applied in the defined AID and Indirect Influence Area (AII) to a representative sample of its population, with a 90% confidence level. This survey will be applied in projects whose INFLUENCE AREA contains populations considered as urban, rural in transition to urban, or peripheral urban. The main impacts determined in the survey must be analyzed in the impact assessment, and mitigation and/or compensation measures must be established for them. | | | o Interactive participatory process | The consulting team will carry out an interactive participatory process in projects whose defined INFLUENCE AREA includes an indigenous population, or in projects that are likely to generate a high level of social conflict in the groups or communities of the AID (the level of conflict can be anticipated either through historical knowledge or direct manifestations). For the execution of this process, the CONSULTING TEAM must organize a participatory program of meetings and activities with community members. The project will be presented to them, and the scope and possible impacts will be analyzed. As part of this interaction process, the team will include in the impact analysis the specific topics or points that the communities consider relevant in relation to the project. The consulting team will produce a record or systematization-report of all these meetings and activities, which will be presented as part of the EIA. | | 9.8 | Community infrastructure | Characterize the community infrastructure: among others, roads, bridges, educational and health centers, parks, housing, recreation sites, that may be affected by the Project, work, or activity. Population perception of the potential impacts that the project, work, or activity may generate on community infrastructure. It must be specifically and in detail indicated if the development of the project implies the displacement of persons, families, or communities, in which case an inventory or census of those social actors and their opinion regarding the situation posed by the project, work, or activity must be conducted. | | 9.9 | Archaeological sites | Conduct the preliminary archaeological inspection, according to the terms of the Archaeological Inspection Report (Informe de Inspección Arqueológica) and its Manual. Clearly describe the methodology used and the main concepts used for the preparation of the section. | | | o Registered sites | Indicate if there are archaeological sites registered in the AP and AID. Detail the characteristics of said sites. | | | o Cultural materials or features identified in the AP | Identify and clearly characterize the cultural materials or features, understood as any evidence of pre-Hispanic activity material, incorporating their basic characteristics such as: type of material; type of feature; temporality, uniqueness, and other characteristics. | | | o Density of material found and site extent in the AP | Determine the density per square meter of the material found. Establish the surface dispersion of the material and other data that may lead to a trend in the site size. Graphically present the location of the archaeological deposit in relation to the project works (Basic project plan) | | | o Analysis of the archaeological information recovered in the AP | Analyze and clearly detail the importance of the find in terms of its relative contribution to archaeological knowledge, cultural heritage, and the general social contribution of the information. | | | o Possibilities of recovering additional information in the AP | Describe the expected trend in terms of the expectation of archaeological information that could be recovered with the information from the preliminary inspection. Include in the Environmental Management Plan the technical recommendations for specific actions to be carried out in subsequent stages. | | 9.10 | Historical, cultural sites | Identify and characterize these sites in the influence area and analyze the effect of the project, work, or activity on them. It must cover: places, buildings, structures, traditional forms of cultivation, and any manifestation of human activity that represents national or local history; places where historically relevant events occurred; places, buildings, trees, or evidence related to important historical figures. It must be coordinated with the corresponding authorities established in current legislation and include the population's perception of the potential impacts that the project, work, or activity may generate on historical and cultural sites. | | 9.11 | Landscape | Identify and characterize the main landscape resources that exist in the social influence area, including the recreational, commercial, and aesthetic values of the resource, which may be affected by the project, work, or activity. Population perception of the potential impacts that the project, work, or activity may generate on the landscape resources of the social influence area. This presentation must be supported, as much as possible, with photographs or other graphic media of the existing conditions. | | 9.12 | Map of Socially sensitive areas | Present the summary of the social characteristics of the influence area, over the map of the AP and its influence area, in the form of a map, in which the areas socially sensitive to the project's effects are defined. The map scale must be 1:10,000, or another scale that presents detail. | | 10 | Environmental diagnosis | Environmental Diagnosis of the project, including the application of a conventional methodology for the identification of the most significant environmental impacts. This element must also be evaluated for the routes or sites of the options analyzed. Describe the methodology for identifying the project's impacts, which must also incorporate the potential impacts identified by the communities, social actors, and in the diagnosis of the social environment. | | 10. 1 | Project Summary and options considered | Based on the data from Chapter 5 Project Description, prepare a synthesis of the Project, which also integrates the options considered as part of the preliminary design and their comparison. | | 10.2 | Project elements generating environmental impacts | Summary of the impacting activities of the project options. | | 10.3 | Environmental Factors susceptible to being impacted | List and briefly describe the environmental factors that could be affected by the Project. Elements related to: air, soil, surface waters, groundwater, aquatic and terrestrial biotopes, natural threats (amenazas naturales), sociological and cultural aspects, landscape, solid waste management, liquid waste, hazardous substances, relationships with nearby communities, and occupational health and hygiene elements must be included (includes all elements identified in the diagnosis of chapters 7, 8, and 9). | | 10.4 | Identification and prediction of environmental impacts | Application of a conventional, scientifically accepted methodology that confronts the impacting activities of the Project, in the different options, with the environmental factors that could be affected. | | 10.5 | Environmental Impacts that the Project and its options will produce | List of the environmental impacts identified as potentially significant that the Project would produce in its different phases: construction, operation, and, if applicable, closure or shutdown. | | 10.6 | Selection of the project option | Taking this list of impacts as a reference, a comparative analysis must be carried out between the selected option and at least two of the options considered, in order to technically support the decision that has been made. Briefly describe the steps that led to the selection of the proposed option. | | 10.7 | Map of Integral Environmental Susceptibility vs. Project components | Preparation of an environmental diagnosis map of the terrain (scale 1:10,000, or greater detail), which considers all the aspects analyzed in the EsIA, including the susceptibility map to natural threats, the biological environment map, and sensitive social elements map. The Project, work, or activity must be located on this map, and the impacts and potential exacerbation of natural threats between the Project, work, or activity and the environment must be located. | | 11 | Impact assessment and corrective measures | The impact assessment must analyze the effect of the Project in its Project Area (AP), its Direct Influence Area (AID), and its Indirect Influence Area (AII). The assessment must consider the impacts in each of the three stages of the Project, that is: Part A) in the construction stage, Part B) in the operation stage, and Part C) in the closure and shutdown stage, according to the established procedure. The assessment must comprise a qualitative and quantitative valuation. It must include the current Impact Importance Matrix, which will be used by SETENA as a valuation standard, or a more exhaustive and rigorous methodology. Said Valuation must be carried out by the complete consulting team and not only by the EsIA coordinator, and they must explain the technical criteria that lead to each of the values assigned in the valuation of each impact. Measures must be presented to prevent, mitigate, control, avoid, and/or compensate all the analyzed impacts related to the Project, work, or activity, and to natural threats; in addition, measures must be presented to maximize potential positive impacts. These measures must be concrete and technically viable. Where applicable, the measures to be applied must be located on a map at a scale that presents detail, if not detailed at this level. All measures must be stated as a commitment and not as possibilities or recommendations. | | 11.1 | Physical Environment (In each of the components analyzed in the physical chapter) | The environmental impacts produced on each of the components and environmental factors of the physical environment must be analyzed, indicating: the source of the impact (description and analysis), quantifying those sources within the context of the AP and the AID, and the AII; qualifying and quantifying the importance of the impact according to the established methodology, and defining the set of preventive, corrective, mitigation, compensation measures—if it is a negative impact—or enhancement—if it refers to a positive impact—that could be applied for said environmental impact. | | 11.2 | Biological Environment (In each of the components analyzed in the biological chapter) | The environmental impacts produced on each of the components and environmental factors of the biological environment must be analyzed, indicating: the source of the impact (description and analysis), quantifying those sources within the context of the AP and the AID, and the AII; qualifying and quantifying the importance of the impact according to the established methodology, and defining the set of preventive, corrective, mitigation, compensation measures—if it is a negative impact—or enhancement—if it refers to a positive impact—that could be applied for said environmental impact. | | 11.3 | Socioeconomic Environment (in each of the components analyzed in the socioeconomic chapter) | The environmental impacts produced on each of the components and environmental factors of the socioeconomic environment must be analyzed, indicating: the source of the impact (description and analysis), quantifying those sources within the context of the defined Direct and Indirect Influence Area; qualifying and quantifying the importance of the impact according to the established methodology, and defining the set of preventive, corrective, mitigation, compensation measures—if it is a negative impact—or enhancement—if it refers to a positive impact—that could be applied for said environmental impact. | | 11.4 | Analysis of Cumulative Effects | Based on the individual analysis of the environmental impacts analyzed in this Chapter, and particularly their environmental impact importance valuation, those that will produce Cumulative Effects must be listed and analyzed. For this, those negative impacts for which a residual exists after applying the described corrective measures must be considered. Once the main cumulative effects have been identified and characterized, the environmental compensation measures that the Project will apply to environmentally balance this situation must be indicated. | | 11.5 | Analysis of the Synergistic Effects of other projects under construction and in operation | Carry out the analysis of synergistic effects that the project, work, or activity will have, considering the existence of other projects, works, or activities under construction and in operation, in the indirect influence area of the project (biophysical and social). Said analysis must be prepared using a scientifically recognized methodology; its main postulates, concepts, and technical criteria used in its preparation must be detailed, explained, and described. | | 11.6 | Synthesis of the environmental impact assessment | Prepare a summary table that presents all the environmental impacts that the project will produce, in its different stages, and the result of the environmental impact importance valuation. The impacts that generate cumulative effects must be indicated. Discuss, comparatively, the rating of the environmental impacts, particularly the balance between negative and positive impacts, and summarize which would be the most important impacts that the Project would produce. Along the same lines, the topic of the alternatives analyzed must be revisited and the selected alternative compared, briefly, to the others that were considered. | | 12 | Prognosis-Environmental Management Plan (PGA) | The management plan is a product of the EIA; it sets out the practices that must be implemented to prevent, control, reduce, or compensate significant negative environmental impacts and maximize the positive impacts originating from the Project, work, or activity. It must also include all the environmental measures incorporated into the project design that justify why certain impacts were not categorized as significant in the impact assessment (e.g., sediment ponds, spill containment basins, visual screens, special foundation systems, etc.). | | 12.1 | Project Organization and Executor of the measures | The organization that the Project will have, both in the construction and operational phases, must be described. For each phase, those responsible for executing the environmental measures indicated in the impact assessment chapter must be indicated. | | 12.2 | Prognosis-Environmental Management Plan Table | As a synthesis of the EIA carried out, the Prognosis-Environmental Management Plan must be prepared, in Table form. Its thematic content is as follows: a) Project action that generates the impact, b) Impacted Environmental Factor, c) Environmental Impact itself, d) Citation of the environmental regulation related to the topic, e) Established environmental measures, f) Execution time of those measures, g) Cost of the measures, h) Person responsible for applying the measures, i) Performance indicator established to control compliance, j) Synthesis of the environmental commitment. The P-PGA must use, as a thematic guide, the set of environmental factors individually analyzed in the impact assessment chapter. | | 12.3 | Monitoring - Supervision (Regencia) | Another part of the P-PGA consists of defining the objectives and specific monitoring actions for the plan's progress as the project, work, or activity actions are executed. The environmental variables or factors that will be followed up must be clearly defined (frequency, methods, type of analysis, and location of the sites). There must be clear integration with what was proposed in the previous point. Monitoring may include the construction stage and/or the operation and closure stage, depending on the complexity of the Project and the environmental fragility of the terrain. | | 12.4 | Execution schedule | Based on the P-PGA and the Project execution schedule, summarize in a schedule the actions that will be carried out to implement the environmental measures. | | 12.5 | Post-operational Environmental Recovery Plan | For projects, works, or activities that contemplate closure once their objectives are fulfilled, a plan must be presented that includes the measures to be taken to recover the site. The final state of the site once operations are concluded must be clearly established, so that it can be verified by the corresponding authorities. Present a tentative schedule for the application of the possible measures to be executed. | | 12.6 | Environmental management costs | Present, preferably in a table, the total costs of implementing the proposed environmental measures, including execution, responsible parties, and monitoring. | | 13 | Risk Analysis and Contingency Plans | | 13.1 | Sources of Environmental Risk | By virtue of the conditions and characteristics under which the Project will be executed, in its different stages or phases, an analysis and identification of the sources of environmental risk must be carried out, that is, of those elements of the Project that are classified as potential sites of significant contamination or degradation of the environment. The following examples are included as guidance: hazardous substances (fuels, solvents, paints, pesticides), energy sources, hazardous wastes, structures located in sites vulnerable to natural hazards, among others. | 13.2 | Environmental Risk Assessment | Qualification of the environmental risk situation for each of the identified sources. The measures established in the Environmental Management Plan must be taken into account. | | 13.3 | Contingency Plan | For projects, works, or activities that use hazardous substances, that are located in fragile areas or that by their nature represent a danger to the environment or nearby towns, as well as those that are susceptible to natural hazards, a contingency plan must be presented indicating the actions to be taken in the event of an accident. This plan must involve the communities and respective authorities (Ministry of Public Security, Red Cross, CNE). The Contingency Plan may be thematically separated according to each of the risk sources analyzed. | | 14 | Financial and Economic Analysis | It facilitates partially knowing the social convenience of a project, work, or activity. It must be presented for those projects in which the economic factor is decisive for deciding on its environmental viability. | | 14.1 | Financial Analysis | This study consists of determining the direct private costs and benefits of the Project, work, or activity, as well as its financing capacity | | | o Cash Flow | Prepare a flow that contemplates investment expenses and net operational benefits. | | | o Calculation of NPV and IRR | Establish the Project, work, or activity's contribution of wealth by calculating the Net Present Value (NPV) and the Project's profitability through the Internal Rate of Return (IRR). | | | o Financing | Present the financing scheme for the calculated cash flow, which includes financing for the investment and for the years of operation that require it. A flow must be constructed in which financial capital income and expenditures for amortization and interest are added to the cash flow. | | 14.2 | Economic Adjustment for Transfers | Include in the cash flow all amounts for taxes and subsidies. | | 14.3 | Economic Adjustment for Social Prices | The following adjustment factors will be applied: the social price adjustment factor for the foreign exchange (FATC), for unskilled labor (FAMO), and for the discount rate (FATD). These data must be obtained from the pertinent organs of the Executive Branch and their application will be at the discretion of the environmental economist in charge of the project, who must indicate the calculation methodology used in each specific case. | | | o Adjustment by FATC | The amount required in foreign currency in the initial investment stage is multiplied by (1-FATC) and the result is subtracted from the financial cash flow. The amount contributed in foreign currency by sales abroad of the Project's products is multiplied by the same factor for each year and the result is added to the financial cash flow. The amount required in foreign currency in the operation stage is multiplied by the same factor for each year and the result is subtracted from the financial cash flow. | | | o Adjustment by FAMO | All amounts obtained for salaries for unskilled labor are multiplied by the factor (1-FAMO) and the result is added to the financial cash flow. | | | o Adjustment by FATD | Redefine the discount rate as the product of the FATD. | | 14.4 | Recalculation of NPV and IRR | Redefine the wealth contribution of the Project, work, or activity by calculating the Net Present Value (NPV) and the Project's profitability through the Internal Rate of Return (IRR) adjusted with the previous factors, by which the social benefit of the Project will be preliminarily expressed. | | 14.5 | Economic Adjustment for Social and Environmental Externalities and Final Cost-Benefit Analysis. | This analysis will allow the final socioeconomic convenience of the Project, work, or activity to be known, since the costs and benefits derived from environmental and social externalities are added to the preliminary calculated socioeconomic benefit. | | 14.6 | Monetary valuation of environmental externalities. | For the valuation of positive and negative environmental externalities, contingent valuation will be applied, as a direct valuation method, or indirect methods such as the hedonic pricing approach, the travel cost approach, and the prevention and mitigation expenses approach, or any other methodology validated in the field of environmental economics or ecological economics. | | 14.7 | Monetary valuation of social externalities. | Estimate the costs and benefits for the communities (in some cases the impacts are of a regional to national order) that are affected or benefited by the Project, work, or activity, in their conditions, such as access to health services, education, transportation, access roads, potable water, security services, and in their historical and archaeological heritage. Likewise, the value of the effect on productive activities in the surrounding areas must be incorporated. The techniques for this valuation are the same as those indicated in the previous point. | | 14.8 | Calculation of the Social NPV | The valuations of social and environmental externalities are added to the cash flow. Using the social discount interest rate, the Social NPV is calculated as the final indicator of the social convenience of the Project. In the same way, the Internal Rate of Return (IRR) must be calculated. | | 15 | Environmental Quality of the AP and the Biophysical and Social Area of Influence (direct and indirect) | It consists of a general analysis of the environmental situation of the AP and the Area of Influence as a consequence of the development of the Project. | | 15.1 | Forecast of the environmental quality of the Biophysical and Social Area of Influence (direct and indirect). | Taking into consideration the current environmental situation of the AP and its Area of Influence, an analysis must be carried out of the environmental quality that the Project's area of influence will have from its implementation. To do this, the measures to be applied by it will be taken into account, both within the scope of the Project and its cumulative effects. | | 15.2 | Synthesis of the Project's Environmental Commitments | As a summary of the environmental commitments established in the P-PGA, and of the risk and contingency analysis, the environmental guidelines that will govern the development of the Project in its different phases must be established. In this case, the order of the environmental commitments and guidelines should not be done according to the temporal phases of the Project, but rather, based on the environmental factors, by way of Management and Protection measures for the environmental factor in question. To use this P-PGA in procedures of the Ministry of Health, the management measures to be developed in the following areas must be specified in a separate text under the title "Detail of Information Required by the Ministry of Health" (but within the EIA document): emissions; solid waste management (ordinary and special) and liquid waste management (of all types); commitment to develop an occupational health and hygiene program (for the operational and construction phase), according to current legislation. | | 15.3 | Environmental Policy of the Project | As a synthesis of the summarized measures, the Environmental Policy that will govern the Project throughout its execution must be proposed. This environmental policy must include its objective, its scopes, the commitment to continuous improvement, to environmental control and monitoring, and to a good relationship with neighboring communities. | | 16 | Total Investment Amount of the selected option | State 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 should not be included. The breakdown of the total investment amount must be presented by means of a sworn statement, signed by the corresponding professional. | | 17 | Bibliographic References | Listing of all the bibliography (books, articles, technical reports, and other sources of information) cited in the different chapters of the EsIA. Citations within the text must be done in UPPERCASE. The bibliographic references must be complete and must follow conventional bibliographic citation procedures including data such as author(s), year, title, source where it is found, page number, city of publication or edition. | | Annexes | | They must be numbered and duly referenced in the text. Only those documents strictly necessary and that truly serve as a complement to the environmental impact assessment (evaluación de impacto ambiental, EIA) should be included. | | Presentation Format | | a) Provide one copy in digital form, including digitized and georeferenced figures and maps (in geographic coordinates or Lambert projection) when applicable. Said disk must be identified with the expediente number and name of the project. b) You will also present a copy of the Environmental Impact Declaration, with the received stamp from the Municipality(ies) where the Project, work, or activity to be developed is located. c) It must be presented in a paper format of 28 cms x 21.8 cms, in 10 - 12 point font, single-spaced (double space between paragraphs and titles; also with top, bottom, and right margins of 2.5 cms and, 3.5 cm for the left). d) Its length must not exceed 150 pages. Except in special cases duly justified by the magnitude of the project, work, or activity, a greater number of pages may be permitted, UPON PRIOR REQUEST TO SETENA. Printing, of both the original and the copies, must be on both sides of the sheet. e) Detailed and very specific technical information may be presented as an annex, provided that due reference is made in the text of the document. f) Maps may be foldable, but must be included within the report, and not as separate sheets. The figures, tables, and maps must be clear, with their respective titles, scales, legends, and symbologies and must be digitized in an easily accessible computer program, and it is recommended that the information provided be arranged in homogeneous "layers," represented by different colors. All pages must be numbered, as well as the titles and subtitles thereof. g) All thematic maps and photographs included in the document must be presented in color, in both the original and the copies. On the maps, the AP must be indicated, and on the photographs, what is meant to be shown must be indicated and duly specified. h) All information included in the document, including that of the figures and annexes, must be presented in the Spanish language. i) The original of the document must be presented with "hard binding" and the copies in a ring binder or with another conventional binding method that ensures their consistency. The name of the project and the expediente number must be printed on the spine, and the same data, as well as the name of the developer and the consulting company or EsIA Coordinator, must appear on the cover. | Article Sheet EIA Manual IV – Annex 2 Instructions for the assessment of environmental impacts 1. Scope of Application 1.1 The set of methodological steps to be applied for assessing environmental impacts is presented. The basic purpose is that EsIA develop this methodology as a common denominator.
1.2 The environmental consulting team preparing an environmental assessment instrument in which the assessment of environmental impacts is requested must, as a minimum, apply the methodology presented here, without prejudice to using another assessment methodology as a complement to this one, duly justified and explained in detail.
1.3 The proposed methodology establishes the so-called Environmental Impact Importance Matrix (Matriz de Importancia de Impacto Ambiental, MIIA), used by SETENA since 1997, according to its Resolution 588 - 1997. However, in this document said methodology is modernized and complemented according to recent data published in the available bibliography on the subject, particularly in Europe.
1.4 Although the environmental assessment established in the Environmental Impact Importance analysis has positive aspects, apart from standardizing environmental impact assessment in our country, it leads the consulting group to make a comprehensive assessment of impacts, to reconsider the situation in the event that significant impacts are determined, and to seek solutions.
1.5 The establishment of an adequate MIIA by the consulting group allows for a clear summary of the project's effects and their significance. It clarifies the consultant's opinion on the impact to be produced, and allows SETENA to review, analyze, and evaluate the process more quickly.
2. The Environmental Impact Importance Matrix (MIIA) 2.1 Once the actions and the environmental factors/aspects that will presumably be impacted by them have been identified, the importance matrix allows for obtaining a qualitative assessment for an EsIA or other environmental assessment instruments.
2.2 Once the possible impacts have been identified, a prediction and assessment of them is necessary. The EsIA is a fundamentally analytical mechanism, of prospective investigation into what may occur, so the clarification of all the aspects that define it, including the impacts (interrelation between the project action and the environmental factor/aspect), is absolutely necessary.
2.3 The qualitative assessment will be carried out based on the impact matrix. Each crossing cell in the matrix, or type-element, will give us an idea of the effect of each impacting action on each impacted environmental factor and aspect (Fig. 1).
3. Type-Element of the Importance Matrix 3.1 The elements of the importance matrix identify the environmental impact generated by a simple action of an activity (Ai) on a considered environmental factor (Fj).
3.2 At this assessment stage, the impact is measured based on the degree of qualitative manifestation of the effect, which is reflected in what we define as the importance of the impact.
3.3 The importance of the impact is, therefore, the ratio by which the environmental impact is qualitatively measured, based on both the degree of incidence or intensity of the alteration produced, and the characterization of the effect, which in turn responds to a series of qualitative attributes, such as extension, type of effect, manifestation period, persistence, reversibility, recoverability, synergy, accumulation, and periodicity (Table No. 1).
3.4 The type-elements, or crossing cells of the matrix (Figures 1 and 2), will be occupied by the assessment corresponding to eleven symbols following the spatial order set out in Tables No. 2 and No. 3, to which one more is added that synthesizes in a single figure the importance of the impact based on the first eleven previous symbols. Of these eleven symbols, the first corresponds to the sign or nature of the effect, the second represents the degree of incidence or intensity thereof, with the following nine reflecting the attributes that characterize said effect.
Table No. 1 Relationships characterizing environmental impact
| ENVIRONMENTAL IMPACT | SIGN | Positive + Negative – Indeterminate * Mutable, Relative, Dependent | | | |
|---|
| | | Degree of incidence | Intensity | | |
| VALUE (DEGREE OF MANIFESTATION) | IMPORTANCE (DEGREE OF QUALITATIVE MANIFESTATION) | Characterization | Extension Manifestation Period Persistence Reversibility Synergy Accumulation Effect Periodicity | | Recoverability | |
| MAGNITUDE (DEGREE OF QUANTITATIVE MANIFESTATION) | | Quantity | | | | |
Table No. 2 Spatial layout of the twelve symbols of a type-element
3.5 It should be noted that the importance of the impact cannot be confused with the importance of the affected factor, which must be determined in the Environmental Impact Assessment Instrument through the multidisciplinary analysis of the environment, its characteristics, and potential effects.
3.6 The meaning of the mentioned symbols that make up the type-element of the qualitative assessment matrix, or importance matrix, is described below.
4. Sign 4.1 The sign of the effect, and therefore of the impact, refers to the beneficial (+) or detrimental (-) character of the different actions that act upon the different considered factors.
4.2 There is the possibility of including, in some specific, duly justified and argued cases, a third character (*), which would reflect effects associated with circumstances external to the activity, such that only through a comprehensive study of all of them would it be possible to know their harmful or beneficial nature.
4.3 When evaluating an activity, work, or project, the detrimental impacts are studied, that is, those with a (-) sign. If these exceed the pre-established standards, particularly based on the regulatory framework, the introduction of corrective measures that give rise to beneficial impacts (+), which reduce or nullify the effects of the former, must be contemplated.
5. Intensity (IN) 5.1 This term refers to the degree of incidence of the action on the factor, in the specific area where it acts. The assessment scale will be between 1 and 12, where 12 will express a total destruction of the factor in the area where the effect occurs (APtotal), and 1 a minimal effect. The values between these two terms will reflect intermediate situations, which must be duly justified and argued.
5.2 It must be taken into account that this assessment is carried out based on the percentage of the project area (AP and/or its influence areas, when applicable) that is being directly affected.
6. Extension (EX) 6.1 It refers to the theoretical influence area of the impact in relation to the activity's environment (percentage of area, relative to the environment, in which the effect is manifested). In Costa Rica, the Direct Influence Area (Área de Influencia Directa, AID), both Biophysical and Social, will be used as a reference for quantification.
6.2 If the action produces a very localized effect, the impact will be considered to have a Punctual (1) character. If, on the contrary, the effect does not admit a precise location within the activity's environment, having a generalized influence throughout it, the impact will be Total (8), considering the intermediate situations, according to their gradation, as Partial (2) and Extensive (4) impact.
6.3 In the event that the effect occurs in a critical place (discharge near and upstream of a water intake, landscape degradation in a highly visited area or near an urban center, etc.), it will be assigned a value of 4 units above that which would correspond to it based on the percentage of extension in which it is manifested. If, in addition to being critical, the effect is dangerous and without the possibility of introducing corrective measures, another alternative to the operation or process of the activity causing the effect must be immediately sought, nullifying the cause that produces it.
7. Moment (MO) 7.1 The manifestation period of the impact refers to the time elapsed between the appearance of the action (to) and the beginning of the effect (tj) on the considered environmental factor/aspect.
7.2 When the elapsed time is zero, the moment will be immediate, and if it is less than one year, short term, assigning a value of (4) in both cases. If it is a period from 1 to 5 years, medium term (2), and if the effect takes more than 5 years to manifest, long term, with an assigned value of (1).
7.3 If any circumstance concurred that made the moment of the impact critical, it would be appropriate to assign it a value of four units above those specified (noise at night in the vicinity of a hospital center -immediate-, foreseeable appearance of a plague or pernicious effect on a farm just before harvest -medium term-).
8. Persistence (PE) 8.1 It refers to the time that the effect would remain from its appearance and from which the affected factor would return to the initial conditions prior to the action by natural means, or through the introduction of corrective measures.
8.2 If the permanence of the effect lasts less than one year, we consider that the action produces a fleeting effect, assigning it a value of (1). If it lasts between 1 and 5 years, temporary (2); and if the effect lasts more than 5 years, we consider the effect as permanent, assigning it a value of (4).
8.3 Persistence is independent of reversibility.
8.4 A permanent effect (permanent contamination of river water due to industrial discharges) can be reversible (the river water recovers its environmental quality if the action ceases due to an improvement in the industrial process), or irreversible (the effect of felling specimen trees is a permanent irreversible effect, since environmental quality is not recovered after felling). Conversely, an irreversible effect (loss of landscape quality due to the destruction of a garden during the infrastructure construction phase) can have temporary persistence (return to initial conditions by establishing a new garden once the works are finished).
8.5 Fleeting and temporary effects are almost always reversible or recoverable.
9. Reversibility (RV) 9.1 It refers to the possibility of reconstruction of the affected factor as a consequence of the undertaken action, that is, the possibility of returning to the initial conditions prior to the action, by natural means, once the action ceases to act on the environment.
9.2 If it is short term, i.e., less than one year, a value of (1) is assigned; if it is medium term, i.e., a period of 1 to 5 years, (2); and if the effect is irreversible, or lasts more than 5 years, we assign the value of (4). The time intervals comprising these periods are identical to those assigned in the previous parameter.
10. Recoverability (MC) 10.1 It refers to the possibility of reconstruction, total or partial, of the affected factor as a consequence of the undertaken activity, that is, the possibilities of returning to the initial conditions prior to the action, through human intervention (introduction of corrective measures).
10.2 If the effect is totally recoverable, and if it is so immediately, a value of 1 is assigned, or a value of 2 if it is in the medium term; if the recovery is partial and the effect is mitigable, it takes a value of 4; when the effect is irrecoverable (alteration impossible to repair, both by natural and human action), we assign it the value of 8. In the event that it is irrecoverable, but there is a possibility of introducing compensatory measures, the value will be 4.
11. Synergy (SI) 11.1 This attribute contemplates the reinforcement of two or more simple effects. The total component of the manifestation of simple effects, caused by actions acting simultaneously, is greater than what would be expected from the manifestation of effects when the actions that provoke them act independently and not simultaneously. (The lethal dose of product A is DLA, and of product B, DLB. Applied simultaneously, the lethal dose of both products DLAB is greater than DLA + DLB).
11.3 When an action acting on a factor is not synergistic with other actions acting on the same factor, the attribute takes the value of 1; if it presents moderate synergism, it takes the value of 2; and if it is highly synergistic, it must be assigned a value of 4.
11.4 When cases of weakening occur, the effect assessment will present negative sign values, ultimately reducing the value of the Impact Importance.
12. Accumulation (AC) 12.1 This attribute gives the idea of the progressive increase in the manifestation of the effect when the action that generates it persists continuously or repeatedly. (The repeated ingestion of DDT, by not being eliminated from tissues, leads to a progressive increase in its presence and its consequences, eventually causing death).
12.2 When an action does not produce cumulative effects (simple accumulation), the effect is assessed as (1). If the produced effect is cumulative, the value increases to (4).
13. Effect (EF) 13.1 This attribute refers to the cause-effect relationship in terms of its directionality, that is, the form of manifestation of the effect on a factor as a consequence of an action. An impact can be direct and indirect at the same time, although on different factors. Given that the scale is exclusive, and the fact that it may be direct and indirect is not valued, the assessment must be exclusive.
13.2 The effect can be direct or primary, being in this case the repercussion of the action a direct consequence thereof; it is assigned a value of 4. (CO emissions impact the surrounding air).
13.3 In the event that an indirect or secondary effect occurs, meaning it takes place from a primary effect, and there is no direct effect associated with that same action, the impact is assigned a value of 1. Its manifestation is not a direct consequence of the action, but rather takes place from a primary effect, this acting as a second-order action. (The emission of fluorocarbons impacts directly on the quality of the surrounding air and indirectly or secondarily on the thickness of the ozone layer).
14. Periodicity (PR) 14.1 Periodicity refers to the regularity of the effect's manifestation, whether cyclically or recurrently (periodic effect), sporadically over time (irregular effect), or constantly over time (continuous).
14.2 Continuous effects are assigned a value of 4, periodic effects a value of 2, and those of irregular appearance, which must be evaluated in terms of probability of occurrence, as well as discontinuous ones, a value of 1.
14.3 An example of a continuous effect is the occupation of a space as a result of construction. The increase in forest fires during the dry season is a periodic, intermittent, and continuous effect over time. The increase in fire risk as a result of better accessibility to a forest area is an effect of irregular, non-periodic, non-continuous, but exceptional severity.
15. Impact Importance (I) 15.1 It has already been noted that the importance of the impact, that is, the importance of the effect of an action on an environmental factor/aspect, should not be confused with the importance of the affected environmental factor.
15.2 The importance of the impact is represented by a number deduced through the model proposed in Table No. 3, based on the value assigned to the considered symbols.
I = ± [IN + 2 EX + MO + PE + RV + SI + AC + EF + PR + MC] 15.3 The impact importance takes values between 13 and 100.
15.4 It presents intermediate values (between 40 and 60) when any of the following circumstances occur:
- Total intensity, and minimal effect on the remaining symbols. - Very high or high intensity, and high or very high effect on the remaining symbols. - High intensity, irrecoverable effect, and very high effect on one of the remaining symbols. - Medium or low intensity, irrecoverable effect, and very high effect on at least two of the remaining symbols.
15.5 Impacts with importance values below 25 are irrelevant, i.e., compatible, or the environmental measures were contemplated in the project design. Moderate impacts have an importance between 25 and 50. They will be severe when the importance is between 50 and 75, and critical when the value exceeds 75.
16. Red Flags 16.1 In those crossing cells that correspond to the most important impacts, or those that occur in critical places or moments and are impossible to correct, which will result in the highest scores in the importance box, so-called Alerts or Red Flags will be superimposed on them to draw attention to the effect and seek alternatives in the production processes of the activity, work, or project that eliminate the cause or exchange it for another with less harmful effects.
16.2 The new alternatives to certain aspects of the activity (change of access routes, change of location of a construction, etc.) that lead to the disappearance of impacting actions should not be confused with the introduction of corrective measures that act directly on the causing agent, nullifying or alleviating its effects, or giving rise to a new action that impacts positively, nullifying or alleviating the effects of another impacting action (continuing with the previous example, the access routes persist but are surrounded by vegetation and trees; the construction remains in its original situation but certain facilities are soundproofed to avoid noise pollution).
Table No. 3 Basic data for the assessment of environmental impacts
| NATURE | INTENSITY (IN) | | |
|---|
| - Beneficial impact | + | (Degree of Destruction) | |
| - Detrimental impact | - | - Low | 1 |
| | - Medium | 2 |
| | - High | 4 |
| | - Very high | 8 |
| | - Total | 12 |
| EXTENSION (EX) | MOMENT (MO) | | |
| (Influence area) | (Manifestation period) | | |
| - Punctual | 1 | | |
| - Partial | 2 | - Long term | 1 |
| - Extensive | 4 | - Medium term | 2 |
| - Total | 8 | - Immediate | 4 |
| - Critical | (+4) | - Critical | (+4) |
| PERSISTENCE (PE) | REVERSIBILITY (RV) | | |
| (Permanence of the effect) | - Short term | 1 | |
| - Fleeting | 1 | - Medium term | 2 |
| - Temporary | 2 | - Irreversible | 4 |
| - Permanent | 4 | | |
| SYNERGY (SI) | ACCUMULATION (AC) | | |
| (Potentiation of manifestation) | (Progressive increase) | | |
| - Without synergism (simple) | 1 | - Simple | 1 |
| - Synergistic | 2 | - Cumulative | 4 |
| - Highly synergistic | 4 | | |
| EFFECT (EF) | PERIODICITY (PR) | | |
| (Cause-effect relationship) | (Regularity of manifestation) | | |
| - Indirect (secondary) | 1 | - Irregular, sporadic or aperiodic and discontinuous | 1 |
| - Direct | 4 | - Periodic | 2 |
| | - Continuous | 4 |
| RECOVERABILITY (MC) | IMPORTANCE (I) | | |
| (Reconstruction by human means) | | | |
| - Immediately recoverable | 1 | I = ± [ 3 IN + 2EX + MO + PE + RV | |
| - Recoverable medium term | 2 | + SI + AC + EF + PR + MC] | |
| - Partially recoverable, Mitigable and/or compensable | 4 | | |
| - Irrecoverable | 8 | | |
17. Corrective and Compensatory Measures (MC) 17.1 We define corrective measures as the introduction, incorporation, or modification of processes and actions on the activity or on the environment with the purpose of:
- a)Exploiting to a greater extent the opportunities offered by the environment for the better environmental achievement of the activity.
- b)Nullifying, attenuating, avoiding, correcting, or compensating the negative effects that the actions derived from the activity produce on the environment, in their surroundings.
- c)Increasing, improving, and enhancing the positive effects that may exist.
17.2 According to the character with which they act, we distinguish between:
- a)Protective measures, which avoid the appearance of the effect by modifying the defining elements of the activity (technology, design, relocation, size, raw materials, etc.).
- b)Corrective measures for recoverable impacts, aimed at nullifying, attenuating, correcting, or modifying the actions and effects on:
- 1)Production processes (technical...)
- 2)Operating conditions (filters, soundproofing, safety standards...)
- 3)Environmental factors as a transmitting agent (promoting atmospheric dispersion, dilution...)
- 4)Environmental factors as a receiving agent (flow increase, water aeration...)
- 5)Other parameters (modification of the effect towards another of lesser magnitude or importance).
- c)Compensatory measures for irrecoverable and unavoidable impacts, which do not prevent the appearance of the effect, nor nullify or attenuate it, but counterbalance in some way the alteration of the factor (payment for pollution, creation of green areas), subject to approval by the corresponding authority.
17.3 According to the severity and type of impact, corrective measures are considered:
- a)Possible, as long as they tend to correct recoverable impacts.
- b)Mandatory, which correct recoverable, environmentally unacceptable impacts, until reaching the adopted or legally established standards.
- c)Advisable, to attenuate recoverable, environmentally acceptable impacts.
- d)Impossible, when dealing with irrecoverable, environmentally unacceptable impacts, or when they do not directly pertain to the mitigation of the effect.
17.4 Taking into account the portion of the environment in which they act, it is considered that they can be introduced:
- a)Only in the area where the activity is developed or the action takes place (soundproofing of a machine room).
- b)In a more or less significant area of the environment, going beyond the area where the activity is developed (waterproofing of a landfill to prevent water contamination in a spring that supplies a bottling activity).
- c)In areas external to the action zone (visual barriers on a road...).
17.5 According to the number of altered factors intended to be corrected, we differentiate between:
- a)Monovalent, which avoid or attenuate the effect of one or more actions on a single factor.
- b)Polyvalent, which act on effects that alter the environmental quality of two or more factors (measures against erosion act simultaneously on revegetation, landscape, runoff destination...).
17.6 The measures to be introduced into the organization's environmental management system, the audit plan, and especially into the development of the activity will be studied in depth, grouping them into:
- a)Measures aimed at improving the design.
- b)Measures to improve operation during the operational phase.
- c)Measures aimed at improving the carrying capacity of the Environment.
- d)Measures aimed at the recovery of unavoidable impacts.
- e)Compensatory measures for factors affected by unavoidable and uncorrectable effects.
- f)Measures foreseen for the time of abandonment of the activity at the end of its useful life.
- g)Measures for environmental control and monitoring during the operational and abandonment phases.
18. Refined Importance Matrix 18.1 The importance matrix (Fig. 2) is obtained from the impact matrix (Fig. 1), quantifying each of its crossing cells based on the algorithm set out in section No. 15.2 and Table No. 3.
18.2 Once the importance matrix is obtained, effects of various kinds may appear in terms of their relevance and quantifiability, which may advise individualized treatment outside of said matrix.
18.3 The main blocks are distinguished as:
- a)Crossing cells that present effects with low relevance values (compatible impacts) and which, in specific EIA, are not of interest to consider. These negligible effects are excluded from the calculation process and are ignored in the overall assessment. The instrumentation in the model consists of introducing a sieve, which is nothing other than an importance value below which the effects are not considered. The matrix, once sieved, only presents effects that exceed a minimum importance threshold.
- b)Crossing cells that present extremely important and determinant effects, far exceeding the established standards. These effects, in the event that they cannot be attenuated or minimized through the incorporation of the pertinent corrective measures, are excluded from the calculation process, since based on their relevance, entity, and significance, their homogeneous treatment with the other effects reflected in the matrix could mask their preponderant role. They are considered in parallel to the model, intervening decisively in decision-making.
- c)Crossing cells that present qualitative effects corresponding to factors of an intangible nature and for which no reasonably representative indicator is available.
These effects are included as normal in the importance matrix and are qualitatively assessed, although when proceeding to the quantitative assessment they are excluded from the calculation process, but they are considered in parallel to the model, and as a component thereof in the evaluation process, obviously intervening in decision-making.
- d)Crossing cells that present normal effects, considering as such those not included in the previous blocks. These effects are those included in the calculation process established in the assessment model, both qualitative and quantitative.
18.4 The set of crossing cells that present normal effects make up the importance matrix itself, also called the calculation matrix or refined importance matrix.
19. Qualitative Assessment 19.1 Having established in the previous sections the method required to carry out the qualitative assessment of impacts in each type-element, the qualitative assessment of each of the actions that have been the cause of impact, and in turn of the environmental factors/aspects that have been the objects of impact, is now established.
19.2 The algebraic sum of the impact importance of each type-element by columns will identify the most aggressive actions (high negative values), the least aggressive ones (low negative values), and the beneficial ones (positive values), allowing them to be analyzed according to their effects on the different subsystems.
19.3 Likewise, the sum of the impact importance of each type-element by rows will indicate the environmental factors that suffer to a greater or lesser extent the consequences of implementing the project, work, or activity (column n+1 of Figures 1 and 2).
19.4 By adding these, and in the corresponding rows, the total effects caused on the different components and subsystems present in the impact matrix will be indicated. As already stated, the final impact is the difference between the situation of the environment modified by the project, work, or activity and the situation as it would have evolved without its presence.
19.5 The impacts caused by the project, work, or activity will be studied for the construction period, the operational phase, and the closure or demolition phase when circumstances so require.
19.6 In the final operational situation, the difference between the environmental situation with and without the project, work, or activity is due not only to the effect of the impacting actions in the operational phase itself, but also to the effect of some irreversible or continuously acting action studied in the construction phase (for example, the felling of trees and the construction of road accesses take place in the construction phase but contribute to the deterioration of the Environment in the final situation). Such actions are reflected with the * sign in the type-element, and their total impact importance will be shown in column n+2 of Figure 2.
19.7 In column n+3 of Figure 2, the final effects on the environmental factors are listed and obtained as the sum of the impact importance in the operational phase (column n+1 of Fig. 2) and the impact importance of the actions whose effect is irreversible or permanent over the long term or throughout the life of the project (column n+2 of Fig. 2), even if they take place during the construction phase.
19.8 Based on this type of qualitative assessment, a section must be prepared in which those actions considered the most aggressive, the alternatives to project work units, and the proposed corrective measures will be the object of special attention.
(See Figures 1 and 2 in printed Gazette No. 85 of May 4, 2006).
Article Sheet EIA Manual – IV – Annex 3 Procedure and Terms of Reference (Términos de Referencia, TER) for the elaboration of other environmental impact assessment instruments for projects, works, or activities submitting the D-1 to SETENA 1. General Guidelines 1.1 Once the environmental document (D1) of the project, work, or activity is received, SETENA, through its technical unit, will carry out the Initial Environmental Assessment by analyzing the information contained and the documents provided.
1.2 If the falsity or omission of any of the data provided is verified, said document shall be rejected, without prejudice to carrying out a warning procedure for the environmental consultant (consultor ambiental) involved according to a formally established mechanism and in accordance with current legislation.
1.3 If the information provided is considered correct, and according to the pre-established values of the adjusted SIA, the procedural path that the project, work, or activity subject to evaluation must follow shall be validated.
1.4 For the technical processing of form D-1, SETENA shall comply with an orderly and systematized technical procedure, which shall be made public by means of a Resolution.
1.5 In all cases, both the current procedures and those others of a strictly technical nature established by SETENA shall be governed by the provisions of the Ley General de Administración Pública (Ley Nº 6227), the efficiency principles of the Ley Orgánica del Ambiente (Ley Nº 7554), and the Ley de Protección al Ciudadano del Exceso de Trámites y Requisitos Administrativos (Ley Nº 8220) before the State.
2. Sworn Declaration of Environmental Commitments (Declaración Jurada de Compromisos Ambientales, DJCA) 2.1 Once the review of the D-1 has been carried out by SETENA, if the adjusted Environmental Impact Significance (Significancia de Impacto Ambiental, SIA) value is less than 300 points, the project, work, or activity must comply with the submission of an Environmental Impact Declaration (Declaratoria de Impacto Ambiental, DJCA).
2.2 For the preparation of the DJCA, the format that SETENA shall establish via Resolution must be complied with. As part of it, the commitment to comply with the country's current environmental regulations, the Code of Good Environmental Practices, and the environmental protocols included as part of the D-1 shall be included, and it must also be clearly indicated that the sanctions established by current legislation for non-compliance with environmental commitments are known.
2.3 Given that, during the completion of the Environmental Form or Document D-1, the consultant responsible for it may obtain the final Environmental Impact Significance (Significancia de Impacto Ambiental, SIA) value and may project its adjusted value, thereby obtaining an approximate value of the adjusted SIA, and in the event that the resulting score coincides with the requirement of a DJCA, the consultant may complete it and deliver it to SETENA at the same time as delivering the D-1 in question.
2.4 For the cases indicated in the preceding paragraph, SETENA shall apply the deadline established by the general regulation for the review of the D-1 plus one additional week for the purpose of reviewing the DJCA.
2.5 In the event of inconsistency between the results of the D1 and the current exhaustive list (listado taxativo), or non-compliance with the terms established for completing the D1 and its complementary documents, as well as the DJCA, SETENA, after analyzing in detail each of the aspects evaluated in the documents to corroborate the assigned values and topics, may request that said information be corrected or, failing that, may request a more in-depth environmental assessment instrument (instrumento de evaluación ambiental). In all cases, SETENA must technically justify the reason for taking that action.
3. Forecast – Environmental Management Plan (Pronóstico – Plan De Gestión Ambiental, P-PGA) 3.1 Once the review of the D-1 has been carried out by SETENA, if the adjusted Environmental Impact Significance (Significancia de Impacto Ambiental, SIA) value is less than 1000 points, but greater than 300, the project, work, or activity must comply with the submission of a Forecast – Environmental Management Plan (Pronóstico – Plan de Gestión Ambiental, P-PGA).
3.2 For the preparation of the P-PGA, the Terms of Reference indicated as part of Table No. 1 of this document must be complied with.
In said terms of reference, prepared according to the logic of the General EIA Guide and the technical and scientific principles of environmental impact assessment (evaluación de impacto ambiental), the environmental topics included and evaluated in the D-1 have been taken into account, in such a way that the PPGA complements them in order to have a comprehensive instrument proportional to the environmental impact significance condition of the project, work, or activity subject to evaluation. SETENA shall have the power to make specific and reasoned specifications for those cases in which it determines that an additional requirement is needed beyond what is indicated in Table No. 1, according to its conclusions once the analysis of the D-1 is completed.
3.3 Given that, during the completion of the Environmental Form or Document D-1, the consultant responsible for it may obtain the final Environmental Impact Significance (Significancia de Impacto Ambiental, SIA) value and may project its adjusted value, thereby obtaining an approximate value of the adjusted SIA, and in the event that the resulting score coincides with the requirement of a P-PGA, the consultant may complete it and deliver it to SETENA at the same time as delivering the D-1 in question. In this case, the developer of the project, work, or activity shall accompany the P-PGA document that is added to the D-1 with a cover letter for it, stating that said submission is made as an approximation to the procedural process established in the current regulations and by virtue of the Environmental Impact Significance results derived from the D-1, and that it is subject to the review process that SETENA must carry out.
3.4 For the cases indicated in the preceding paragraph, SETENA shall apply the deadline established by the general regulation for the review of the D-1 plus two additional weeks for the purpose of reviewing the P-PGA.
3.5 In the event of inconsistency between the results of the D1 and the current exhaustive list (listado taxativo), or non-compliance with the terms established for completing the D1 and its complementary documents, as well as the P-PGA, SETENA, after analyzing in detail each of the aspects evaluated in the documents to corroborate the assigned values and topics, shall proceed to resolve according to that evaluation and according to the decision routes established in the regulations that govern it. In all cases, SETENA must technically justify the reason for taking that action.
4. Environmental Impact Studies (Estudios De Impacto Ambiental, ESIA) 4.1 Once the review of the D-1 has been carried out by SETENA, if the adjusted SIA value exceeds 1000 points, the project, work, or activity must comply with the submission of an Environmental Impact Study (Estudio de Impacto Ambiental, EsIA).
4.2 For the preparation of the EsIA, the Terms of Reference indicated as Table No. 2 of this document must be complied with. In said terms of reference, prepared according to the logic of the General EIA Guide and the technical and scientific principles of environmental impact assessment (evaluación de impacto ambiental), the environmental topics included and evaluated in the D-1 have been taken into account, in such a way that the EsIA complements them in order to have a comprehensive instrument proportional to the environmental impact significance condition of the project, work, or activity subject to evaluation. SETENA shall have the power to make specific and reasoned specifications for those cases in which it determines that an additional requirement is needed beyond what is indicated in Table No. 1, according to its conclusions once the analysis of the D-1 is completed.
4.3 Given that, during the completion of the Environmental Form or Document D-1, the consultant responsible for it may obtain the final Environmental Impact Significance (Significancia de Impacto Ambiental, SIA) value and may project its adjusted value, thereby obtaining an approximate value of the adjusted SIA, and in the event that the resulting score coincides with the requirement of an EsIA, the consultant may complete it and deliver it to SETENA at the same time as delivering the D-1 in question. This condition shall only be applicable to those projects, works, or activities included in the Exhaustive List (Lista Taxativa) of Annex 2 of the General Regulation on Environmental Impact Assessment (Reglamento General de Evaluación de Impacto Ambiental). The projects, works, or activities of Annex 1 of said General Regulation, by their nature, must be subject to the setting of the terms of reference established by SETENA once the review of the respective D-1 is completed. For the first case indicated above, the developer of the project, work, or activity shall accompany the EsIA document that is added to the D-1 with a cover letter for it, stating that said submission is made as an approximation to the procedural process established in the current regulations and by virtue of the Environmental Impact Significance results derived from the D-1, and that it is subject to the review process that SETENA must carry out.
4.4 For the cases indicated in the preceding paragraph, SETENA shall apply the deadline established by the general regulation for the review of the D-1 plus four additional weeks for the purpose of reviewing the EsIA. Within that interval, the disclosure procedure regarding the EsIA review process, indicated in current legislation, must be respected.
4.5 In the event of inconsistency between the results of the D1 and the current exhaustive list (listado taxativo), or non-compliance with the terms established for completing the D1 and its complementary documents, as well as the EsIA, SETENA, after analyzing in detail each of the aspects evaluated in the documents to corroborate the assigned values and topics, shall proceed to resolve according to that evaluation and according to the decision routes established in the regulations that govern it. In all cases, SETENA must technically justify the reason for taking that action.
5. Establishment of terms of reference for EsIAs 5.1 The Forms for the Elaboration of Terms of Reference (Formularios para la Elaboración de Términos de Referencia, FETER) shall be printed on yellow paper, so as to facilitate their location within the case file (expediente).
5.2 The TER to be requested for the preparation of the instrument shall be marked with an "x" (X) in the corresponding box, called "include" in the FETER.
5.3 The minimum professional team requested to carry out the Study must be in accordance with the TER that are marked.
5.4 The copy received by the developer contains the Terms of Reference for the Environmental Impact Study or Forecast-Environmental Management Plan that must be prepared. The minimum contents of the information requested (marked with an X) must be consulted in the General Guide for the Elaboration of Environmental Impact Assessment Instruments (Guía General para la Elaboración de Instrumentos de Evaluación de Impacto Ambiental) and adjusted according to the case.
5.5 The Environmental Impact Assessment Instrument presented must comply with all the format conditions and maximum length established by SETENA.
5.6 In the case of D-1s that have not submitted the P-PGA or the EsIA as a complement to them, as the case may be, and by virtue of the fact that their final adjusted SIA value implies the requirement for a more in-depth environmental assessment instrument (instrumento de evaluación ambiental), SETENA must set the terms of reference for their preparation. To carry out said action, SETENA, after carrying out the Initial Environmental Assessment (Evaluación Ambiental Inicial) of the activity, work, or project, and in the case of the activities, works, or projects from the Exhaustive List (Lista Taxativa) of Annex 2 of the General Regulation on EIA, shall use the thematic contents indicated in tables 1 and 2 of this document as applicable. Regarding the activities, works, or projects included in the List of Annex 1 of the General Regulation on EIA, it shall apply the General Guide or tables 1 or 2 of this document, depending on the depth required for the EIA instrument and the Environmental Impact Significance of the activity, work, or project under analysis. In all cases, for setting said terms of reference, SETENA shall add two more rows to the far right of the indicated tables, with the name of the first of those columns being "Included in the D-1" and the second of those columns being "Include as part of the requested instrument". In the crossing cells between these two new columns and the different topics included, SETENA shall mark with an "x" as the case may be. It shall be understood that if the cell belonging to the "included in the D-1" row is marked, it should not be presented in the requested instrument, since it forms part of the project's case file (expediente) through the D1 and its accompanying documentation.
Table No. 1 Terms of reference for the preparation of a Forecast – Environmental Management Plan | No. | Topic | Explanation | | --- | --- | --- | | 0. | Cover Page | Developing company, Name of the activity, work, or | | project, | | | | | | geographic location, document title, and other data that clearly identify the document in question. | | 1. | Index | Basic table of contents of the topics covered | | 2. | Authors | Name and signature of the responsible consultants, including their registration number as an environmental consultant (consultor ambiental) before SETENA. These signatures must be authenticated by a notary public or comply with the procedure indicated in the General Guide. | | 3. | Description of the socioeconomic environment | | | 3.1 | Current land use (uso actual de la tierra) in surrounding sites | Present a map with land-use patterns (patrones de uso de la tierra) in the AP and in the sites surrounding the Project (AID-Biofísica), and determine how the project could induce changes in the current use patterns or how said patterns could affect the Project, work, or activity. Analyze the congruence of the use proposed by the project with the existing patterns, according to the type of relationship established (for example: dependence, complementarity, antagonism, if no relationship exists), that is, the way in which the proposed use would be linked to the existing pattern. | | 3.2 | Land tenure (Tenencia de la tierra) in surrounding sites | Generally characterize the land tenure patterns of the | | land | | | | | | of the AID and the AP, and analyze the effect of the Project, work, or activity on such patterns. | | 3.3 | Population characteristics | The following characteristics must be analyzed and compared with the corresponding provincial, regional, and/or national indicators, analyzing the particularities found in the AP and AID, as well as the influence of the project, work, or activity on each of them. | | | o Demographic | Includes population variables, such as size, structure, growth rates and main trends, health indicators, migratory movements of the population, and other demographic characteristics. | | | o Cultural and social | Includes a general characterization of the main cultural patterns or trends that may be directly affected by the project, work, or activity. | | | o Economic | Includes the identification of economic activities in the area, economic activities of the population under study, employment indicators, open unemployment rate of the AID population, so as to establish whether the labor requirements of the project can be met in the area (or failing that, indicate how these project demands are met), conditions of poverty and income of the population under study, as well as other relevant economic characteristics and the influence of the project, work, or activity on the economic conditions of the social influence area. | | 3.5 | Available Emergency Services | Analyze and characterize the existing services: fire station, Red Cross, Police, hospitals, clinics, and others, that provide coverage for the eventual needs generated by the project, work, or activity. Perception of the population regarding the potential impacts that the project, work, or activity may generate on the available emergency services. | | 3.6 | Available basic services | Identify the availability of basic services: potable water, sewerage, electricity, public transportation, garbage collection, educational centers, health services, and others. Also, analyze the access, quantity, and quality of the services available to the population under study. | | 3.7 | Community infrastructure | Characterize the community infrastructure: among others, roads, bridges, educational and health centers, parks, housing, recreation sites, that may be affected by the Project, work, or activity. It must be indicated specifically and in detail if the development of the project implies the displacement of persons, families, or communities, in which case an inventory or census of those social actors and their opinion regarding the situation posed by the project, work, or activity must be made. | | 4. | Forecast-Environmental Management Plan (Plan de Gestión Ambiental) (PGA) | The management plan is the product of the entire EIA process carried out, including the D-1. It sets out the practices that must be implemented to prevent, control, reduce, or compensate significant negative environmental impacts and maximize the positive impacts originating from the Project, work, or activity. | | 4.1 | Project Organization and Executor of the measures | The organization that the Project will have, both in the construction and operational phases, must be described. For each phase, the persons responsible for executing the environmental measures must be indicated. | | 4.2 | Table of the Forecast-Environmental Management Plan | As a synthesis of the EIA carried out, the Forecast-Environmental Management Plan must be prepared in the form of a Table. The impacts classified as significant in the D-1 and other impacts that arise from integrating the social theme as part of the PPGA must be included. The thematic content of the summary table is as follows: a) Project action that generates the impact, b) Impacted Environmental Factor, c) Environmental Impact itself, d) Citation of the environmental regulation related to the topic, e) Established environmental measures, f) Execution time of those measures, g) Cost of the measures, h) Person responsible for applying the measures, i) Performance indicator established to control compliance, j) Synthesis of the environmental commitment. | | 4.3 | Monitoring - Oversight (Regencia) | Another part of the P-PGA consists of defining the specific objectives and actions for monitoring the progress of the plan as the project, work, or activity actions are executed. The environmental variables or factors to be followed up on must be clearly defined (frequency, methods, type of analysis, and location of sites). There must be clear integration with what was proposed in the previous point. | | 4.4 | Execution Schedule | Based on the P-PGA and the Project execution schedule, summarize in a schedule the actions that will be carried out to implement the environmental measures. | | 4.5 | Environmental management costs | Present, preferably in a table, the total costs of implementing the proposed environmental measures, including execution, responsible parties, and monitoring. This information can be integrated into the PPGA summary table. | | 5. | Contingency Plan | | | 5.1 | Contingency plan | For projects, works, or activities that use hazardous substances, are located in fragile areas, or by their nature represent a danger to the environment or nearby towns, as well as those susceptible to natural hazards, a contingency plan must be presented indicating the actions to be taken in the event of an accident. | | 6. | Synthesis of the Project's Environmental Commitments | As a summary of the environmental commitments established in the P-PGA and the contingency plan, the environmental guidelines that will govern the development of the Project in its different phases must be established. In this case, the order of the environmental commitments and guidelines should not be done according to the temporal phases of the Project, but rather, based on the environmental factors, as measures for Management and Protection of the environmental factor in question. To use this P-PGA in procedures of the Ministry of Health, the management measures to be developed in the following areas must be specified in a separate text under the title "Detail of Information Required by the Ministry of Health" (but within the EIA document): emissions; solid waste management (ordinary and special) and liquid waste management (of all types); commitment to develop an occupational health and hygiene program (for operational and construction phases), according to current legislation. | | 7. | Bibliographic References | List of all the bibliography (books, articles, technical reports, and other information sources) cited in the different chapters of the EsIA. Citations within the text must be in UPPERCASE. Bibliographic references must be complete and must follow conventional bibliographic citation procedures including data such as author(s), year, title, source where found, page number, city of publication or edition. | | Annexes | | Must be numbered and duly referenced in the text. Only those documents strictly necessary and that truly serve as a complement to the Environmental Impact Assessment (Evaluación de Impacto Ambiental) should be included. | | Presentation Format | | j) Must present original and 1 copy k) The P-PGA as well as its copies must be presented in a paper format of 28 cm X 21.8 cm, in 10 or 11 point font, single-spaced (double space between paragraphs and titles; also with top, bottom, and right margins of 2.5 cm, and left margin of 3.5 cm). l) Its length must not exceed 50 pages, except in special cases duly justified by the magnitude of the project, work, or activity. m) Detailed and very specific technical information may be presented as an annex, provided due reference is made in the text of the document. n) Maps may be fold-outs, but must be included within the report, and not as separate sheets. Figures, tables, and maps must be clear, with their respective titles, scales, legends, and symbologies, and must be digitized in an easily accessible computer program. It is recommended that the information provided be arranged in homogeneous "layers", represented by different colors. All pages must be numbered, as must the titles and subtitles thereof. o) All thematic maps and photographs included in the document must be presented in color, both in the original and in the copies. Maps must indicate the AP, and photographs must duly indicate and specify what is intended to be shown. p) All information included in the document, including that of figures and annexes, must be presented in the Spanish language. | Table No. 2 General guide for the preparation of Environmental Impact Studies (Guía de EsIA) | No. | Topic | Explanation | | --- | --- | --- | | 0 | Cover Page | Developing company, Name of the activity, work, or | | project, | | | | | | geographic location, document title, and other data that clearly identify the document in question. | | 1. | Index | Basic table of contents of the topics covered | | 2. | Authors | Name and signature of the responsible consultants, including their registration number as an environmental consultant (consultor ambiental) before | | SETENA. | | | | | | These signatures must be authenticated by a notary public or comply with the procedure indicated by the General Guide. | | 3. | Environmental Impact Declaration (Declaratoria de Impacto Ambiental, DIA) | According to what is indicated in the General Guide | | 4. | Introduction | According to the General Guide | | 5. | General information | Present a general explanation of the professional team | | that | | | | | | complements the data from the D 1 with the EsIA and the terms of reference applied. | | 6. | Project Description | Summarize and complete the description indicated in the D-1. If necessary, the thematic indicated in the General Guide shall be used for its development. | | 7. | Description of the physical environment | Summarize the data presented in the D-1 and synthesize the most important environmental topics to be considered as part of the more detailed environmental assessment process. The thematic indicated in the General Guide may be used as a guide for drafting the summary, without repeating the information provided in the D-1. If necessary, specific topics may be specified at the technical discretion of the consulting team. In this case, they must be signed by a responsible environmental consultant (consultor ambiental) on the authorship page of Chapter 2. | | 8. | Description of the biological environment | Summarize the data presented in the D-1 and synthesize the most important environmental topics to be considered as part of the more detailed environmental assessment process. The thematic indicated in the General Guide may be used as a guide for drafting the summary, without repeating the information provided in the D-1 in case it was necessary. In the event that the situation warrants it, specific topics may be specified at the technical discretion of the consulting team. In this case, they must be signed by a responsible environmental consultant (consultor ambiental) on the authorship page of Chapter 2. | | 9 | Description of the socioeconomic environment | This chapter must be developed according to the thematic established in the General Guide. It shall be the responsibility of a responsible environmental consultant (consultor ambiental) related to the thematic field addressed, who must sign on the authorship page of Chapter 2. | | 10 | Environmental Diagnosis | Present a summary of the project data and its components referring to what was presented in the D-1, as well as the potential environmental aspects generating impact and the environmental factors identified as susceptible to being affected by said environmental aspects, as identified in chapters 7 – 9. Synthesize through a summary table. The thematic indicated in the General Guide may be used as a guide for drafting the summary, without repeating the information provided in the D-1 in case it was necessary. The list of significant environmental impacts that will be produced by the project, work, or activity must be summarized. | | 11 | Impact assessment and corrective measures | Develop the assessment of the significant environmental impacts identified according to the SETENA impact valuation methodology and establish the environmental measures for their prevention, mitigation, correction, and mitigation. For this, the environmental protocols established in the D-1 may be cited and, if necessary, complemented. | | 12 | Forecast- Environmental Management Plan (Plan de Gestión Ambiental) (PGA) | This chapter must be developed according to the thematic established in the General Guide. It shall be the responsibility of a coordinating environmental consultant of the EsIA, who must sign as the first author on the authorship page of Chapter 2. | | 13 | Risk Analysis and Contingency Plans | This chapter must be developed according to the thematic established in the General Guide. It shall be the responsibility of a coordinating environmental consultant of the EsIA, who must sign as the first author on the authorship page of Chapter 2. | | 14. | Environmental Quality of the AP and the Area of Influence (direct and indirect) | This chapter must be developed according to the thematic established in the General Guide. It shall be the responsibility of a coordinating environmental consultant of the EsIA, who must sign as the first author on the authorship page of Chapter 2. | | 15. | Bibliographic References | Bibliographic references of citations made in the document according to the format of the General Guide. | | Annexes | | If necessary and in accordance with the format established in the General Guide. | | Submission Format | | Must present original and 3 copies. Provide a digital copy, including digitized and georeferenced figures and maps (in geographic coordinates or Lambert projection) when applicable. Said disk must be identified with the case file (expediente) number and project name. Copy of the Environmental Impact Declaration (Declaratoria de Impacto Ambiental), stamped as received by the Municipality(ies) where the Project, work, or activity to be developed is located. The EsIA as well as its copies must be presented in a paper format of 28 cm X 21.8 cm, in 10 - 12 point font, single-spaced (double space between paragraphs and titles; also with top, bottom, and right margins of 2.5 cm, and left margin of 3.5 cm). Its length must not exceed 150 pages. Detailed and very specific technical information may be presented as an annex, provided due reference is made in the text of the document. Maps may be fold-outs, but must be included within the report, and not as separate sheets. Figures, tables, and maps must be clear, with their respective titles, scales, legends, and symbologies, and must be digitized in an easily accessible computer program. It is recommended that the information provided be arranged in homogeneous "layers", represented by different colors. All pages must be numbered, as must the titles and subtitles thereof. All thematic maps and photographs included in the document must be presented in color, both in the original and in the copies. Maps must indicate the AP, and photographs must duly indicate and specify what is intended to be shown. All information included in the document, including that of figures and annexes, must be presented in the Spanish language. The original of the Study must be presented with "hard binding" (empaste duro) and the copies in a ring binder or with a spring. The project name and case file (expediente) number must be printed on the spine, and that data must appear on the cover, as well as the name of the developer and the consulting company or EsIA Coordinator. | Go to beginning of document