1. In cases of national emergency or regional emergency, duly declared by the Executive Branch within its powers in accordance with Law No. 8488, National Law on Emergencies and Risk Prevention (Ley Nacional de Emergencias y Prevención del Riesgo), of November 22, 2005, it shall suffice for the municipality of the affected circumscription, in coordination with the National Commission for Risk Prevention and Emergency Response (Comisión Nacional de Prevención de Riesgos y Atención de Emergencias), to communicate the following information to the Directorate of Geology and Mines:
(Thus amended the preceding paragraph by Article 2 of Law No. 9645 of December 19, 2018) a) The location of the area to be benefited by the request.
- b)An inventory of the works to be carried out.
- c)The public work in which the materials will be used.
- d)The extraction period.
- e)The volume of material to be extracted.
- f)The name of the geologist or mining engineer responsible for directing the extractive works and supervision (regencia).
- g)The means by which notifications will be received, in accordance with the Law on notifications, summons, and other judicial communications, No. 7637.
- h)Attach a letter from the head of the National Commission for Risk Prevention and Emergency Response, declaring that the work to be carried out is effectively necessary as part of mitigating the emergency or to prevent greater damages in the sector.
In cases of addressing local and minor emergencies, in accordance with Law No. 8488, National Law on Emergencies and Risk Prevention, it shall suffice for the municipality of the affected circumscription, in coordination with the regional, municipal, and communal emergency committees, to communicate to the Directorate of Geology and Mines, by means of a report declaring that the work to be carried out is effectively necessary as part of mitigating the emergency or to prevent greater damages in the sector.
(Thus amended the preceding subsection by Article 2 of Law No. 9645 of December 19, 2018) 2. In situations of imminent risk of emergency, the municipality must provide the following to the Directorate of Geology and Mines:
- a)The location of the area to be benefited by the request.
- b)An inventory of the works to be carried out.
- c)The public work in which the materials will be used.
- d)The extraction period.
- e)The volume of material to be extracted.
- g)The means by which notifications will be received, in accordance with the Law on notifications, summons, and other judicial communications, No. 7637.
- h)Attach a report from the Cantonal Emergency Committee, indicating that the works proposed to be carried out are effectively necessary or imperative as a mechanism for mitigating said imminent risk of emergency or preventing greater damages in the sector.
(Thus amended the preceding subsection by Article 2 of Law No. 9645 of December 19, 2018) 3. If, in the opinion of the Directorate of Geology and Mines, the municipality must correct errors or complete requirements in the request, it shall notify it of all errors and missing requirements, on a single occasion, by means of a resolution. As long as the mentioned information is not presented in a correct and complete form, the municipality may not begin the exploitation works. If, having been granted a period of eight (8) business days, the municipality does not correct the required documentation or presents it again incomplete or incorrect, the Directorate of Geology and Mines shall archive the request.
When the notification falls outside the period and the municipality has begun the extraction, it shall not be suspended. However, the municipality shall be obliged to comply, within the conferred period, with the requirements requested of it, and, in case of non-compliance, it may not continue with the extraction.
4. In the two cases regulated in this article, it is clear that the supervision activities correspond to the Directorate of Geology and Mines and the Setena, while the extraction activities are the responsibility of the municipality and it is the municipality that must supervise and control them through environmental supervision (regencia ambiental) carried out by an environmental supervisor authorized by the Setena and geological supervision (regencia geológica) by a geologist or mining engineer.
5. Likewise, in the two cases regulated in this article, within a maximum period of fifteen (15) business days after the completion of the extraction of the materials, the municipality must submit a technical closure report for the exploitation to the Directorate of Geology and Mines and the Setena, which must contain an indication of the following:
- a)The exploitation blocks worked, indicating area and extracted volume.
- b)The extraction method and equipment used.
- c)The actual time used in the exploitation.
- d)The description of the works carried out in the execution of the project.
- e)The final closure conditions of the source.
- f)The restoration or mitigation measures implemented.
In the event that the municipality does not submit the required report in a timely and proper manner to the Directorate of Geology and Mines, it may not process new special permits covered under the framework of this Law, until the requested documentation is submitted.
6. If the works have been executed by a contractor, it is prohibited for their work to be compensated with material extracted from the site. Non-compliance with this provision shall be sanctioned as indicated in the Mining Code (Código de Minería), Law No. 6797, of October 4, 1982, and its reforms, regarding mining offenses.