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