| Objectives | To identify those surfaces occupied by the electrical substations of the Costa Rican Electricity Institute (Instituto Costarricense de Electricidad, ICE) and the Public Services Company of Heredia (Empresa de Servicios Públicos de Heredia) and private generators, hydraulic, thermal, wind installations, or any other type of renewable energy, in addition to indicating the route of the high-voltage electric transmission lines of ICE to establish the area of affectation thereof. According to Decree No. 25902 MIVAH, the passage and maintenance easement (servidumbre) for the exclusive use of ICE is delimited by generating a corridor of 3 meters on each side of it. |
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| Parameters | The areas of the Canton through which Electric Transmission Lines of the Costa Rican Electricity Institute (ICE) and the Public Services Company of Heredia and private generators, or of any public, mixed, or private company that provides electricity services pass, shall have the following regulations: |
| a)- The area necessary for electrical easements (servidumbres eléctricas) shall be a minimum of six meters or greater if so established by the Costa Rican Electricity Institute according to the voltage of the transmission line; furthermore, building may not occur in such areas, but they may be used for parks with bushes and low trees, and may be counted for the purposes of Article 40 of the Urban Planning Law (Ley de Planificación Urbana), provided they are reasonably integrated into the main park areas. |
| b)- They may be used for the construction of streets, whether parallel or transverse to the electrical lines. In the case of parallel streets, the design shall be a boulevard, leaving at least the space required by ICE, the Public Services Company of Heredia, and private generators as a central median for the proper protection of the towers; additionally, the protective works dictated by ICE, the Public Services Company of Heredia, and private generators must be carried out on these. |
| c)- Urbanizations affected by electrical easements (servidumbres eléctricas) must be submitted to ICE, and the Public Services Company of Heredia and private generators, at the preliminary project level for their due approval. If any type of tree planting is proposed in the easements (servidumbres), the species must be indicated at this stage. |
| d)- In the case of construction plans for an Urbanization affected by electrical easements (servidumbres eléctricas), they must be accompanied by an approval note from ICE as indicated in the preceding paragraph. |
| e)- Any construction carried out around the zones of electrical network conduction or electrical substations must observe the setbacks (retiros) established by the Costa Rican Electricity Institute or the National Power and Light Company (Compañía Nacional de Fuerza y Luz), and the Public Services Company of Heredia and private generators. |
| f)- The Costa Rican Electricity Institute and any company or institution may not install high-voltage electrical networks in consolidated urban zones. If necessary, they must establish expropriation processes for the constructions located in the area with building restrictions. |
| g)- The Costa Rican Electricity Institute and any company or institution that installs high-voltage electrical networks in unbuilt urban or urbanizable zones must compensate the owners of the lots affected by the installation of said networks. |
The precise delimitation of these zones is found in the Zoning Map of this Reglamento and the parameters established for each sector are collected in the tables or Matrices of Contingency Plan I (Plan de Contigencia I) and Contingency Plan II (Plan de Contigencia II).
Let it be published in the Official Gazette (Diario Oficial La Gaceta), and it is submitted to a non-binding public consultation for a period of 10 business days, as established by Article 43 of the Municipal Code (Código Municipal).
San Pedro de Poás, June 13, 2011.-
Anexo 2: Land-Use Criteria Matrix According to Aquifer Contamination Vulnerability for the Protection of the Water Resource of the Cantón de Poás, approved by MINAET (SENARA).
LAND-USE CRITERIA MATRIX ACCORDING TO AQUIFER CONTAMINATION VULNERABILITY FOR THE PROTECTION OF THE WATER RESOURCE | PROD. ACTIVITIES | JUSTIFICATION | VULNERABILITY OF THE AQUIFER AND PUBLIC SUPPLY SOURCES | | | | | | --- | --- | --- | --- | --- | --- | --- | | Urban development | EXTREME | HIGH | MEDIUM | LOW | NEGLIGIBLE | | | Single-family dwelling (without sewer system) | The lack of a sewer system can generate a contamination problem from nitrates and coliforms from septic tanks. Furthermore, soil sealing (impermeabilización del suelo) by the construction area is a factor to consider. Regulation is defined based on effluent disposal and the sealed area derived from population density. | Should not be permitted | May be permitted subject to appropriate design of the excreta and wastewater disposal system. Population density must be less than 25 inhab/ha or lots of 2000 square meters.
The sealed area per hectare must not exceed 20%. | May be permitted subject to appropriate design of the excreta and wastewater disposal system. Population density must be less than 75 inhab/ha or lots of 650 square meters. The sealed area per hectare must not exceed 30%. | May be permitted subject to appropriate design of the excreta and wastewater disposal system. | May be permitted subject to appropriate design of the excreta and wastewater disposal system. | | Urban and condominium systems without sewer system and without treatment plant | The lack of a sewer system can generate a contamination problem from nitrates and coliforms from septic tanks. Likewise, soil sealing (impermeabilización del suelo) by the construction area is a factor to consider. Regulation is defined based on effluent disposal and the sealed area derived from population density. | Should not be permitted | May be permitted subject to appropriate design of the excreta and wastewater disposal system.
Population density must be less than 25 inhab/ha or lots of 2000 square meters. The sealed area per hectare must not exceed 20%. In all cases, SETENA will require the detailed hydrogeological study, vulnerability and risk, and analysis by SENARA. | May be permitted subject to appropriate design of the excreta and wastewater disposal system. Population density must be less than 75 inhab/ha or lots of 650 square meters. The sealed area per hectare must not exceed 30%. In all cases, SETENA will require the detailed hydrogeological study, vulnerability and risk, and analysis by SENARA. | May be permitted subject to appropriate design of the excreta and wastewater disposal system. | May be permitted subject to appropriate design of the excreta and wastewater disposal system. | | Urban and condominium systems with sewer system and treatment plant | Soil sealing (impermeabilización del suelo) will cause a decrease in recharge.
Regulation in this case is defined based on population density. | Should not be permitted | May be permitted with densities less than 50 inhab/ha or lots of 1000 square meters. The sealed area per hectare must not exceed 20%. | May be permitted with densities less than 150 inhab/ha or lots of 330 square meters. The sealed area per hectare must not exceed 30%. | May be permitted subject to appropriate design of the excreta and wastewater disposal system. | May be permitted subject to appropriate design of the excreta and wastewater disposal system. | | Hotels and similar lodging | Regulation in this case is defined based on the size of the properties and the construction or sealed area as an element that influences aquifer recharge. In all cases, SETENA will require the detailed hydrogeological study, vulnerability and risk with analysis by SENARA. | Should not be permitted | May be permitted subject to effluent management with a treatment plant.
The sealed area per hectare must not exceed 20%. The number of rooms must not exceed a load equivalent to 50 people per hectare. | May be permitted subject to effluent management with a treatment plant. The sealed area per hectare must not exceed 30%. The number of rooms must not exceed a load equivalent to 150 people per hectare. | May be permitted subject to appropriate design of the excreta and wastewater disposal system. | May be permitted subject to appropriate design of the excreta and wastewater disposal system. | | Livestock Activity | EXTREME | HIGH | MEDIUM | LOW | NEGLIGIBLE | | | Extensive Livestock Farming (Animal load according to MAG classification) | Production of excreta with high chemical and biological content that are deposited on the soil and can contaminate groundwater or surface water through infiltration and runoff. Damage to soil structure and texture, reducing the water infiltration capacity in the soil profile. | Should not be permitted | May be permitted provided that agrochemicals of very low toxicity, persistence, and mobility are used.
Must have improved pastures, protection of springs (nacientes), wells, and watercourses in accordance with current legislation, and have soil conservation practices. | May be permitted provided that agrochemicals of very low toxicity, persistence, and mobility are used. Must have improved pastures, protection of springs (nacientes), wells, and watercourses in accordance with current legislation, and have soil conservation practices. | May be permitted but must at least have improved pastures, protection of springs (nacientes), wells, and watercourses in accordance with current legislation, and have soil conservation practices. | May be permitted | | Semi-intensive livestock production systems (animal load according to MAG classification) | Production of excreta with high chemical and biological content that are deposited on the soil and can contaminate groundwater or surface water through infiltration and runoff.
Damage to soil structure and texture, reducing the water infiltration capacity in the soil profile. | Should not be permitted | May be permitted provided that agrochemicals of very low toxicity, persistence, and mobility are used. Must have a management plan for remnants and water. Farms may be organic or conservationist. Use of biodigesters, vermiculture, and wastewater treatment systems. Reforestation and protection of springs (nacientes) in accordance with legislation, recovery of degraded areas, design and maintenance of roads and water drainage, and design and protection of slopes. | May be permitted provided that agrochemicals of very low toxicity, persistence, and mobility are used. Must have a management plan for remnants and water. Farms may be organic or conservationist. Use of biodigesters, vermiculture, and wastewater treatment systems. Reforestation and protection of springs (nacientes) in accordance with legislation, recovery of degraded areas, design and maintenance of roads and water drainage, and design and protection of slopes. | May be permitted but must at least have improved pastures, protection of springs (nacientes), wells, and watercourses in accordance with current legislation, and have soil conservation practices. | May be permitted | MATRIX OF LAND-USE CRITERIA ACCORDING TO THE VULNERABILITY TO CONTAMINATION OF AQUIFERS FOR THE PROTECTION OF WATER RESOURCES | PROD.
ACTIVITIES | JUSTIFICATION | VULNERABILITY OF THE AQUIFER AND PUBLIC SUPPLY SOURCES | | | | | | --- | --- | --- | --- | --- | --- | --- | | Intensive livestock production systems, pig farms, poultry farms, dairies, and others | Production of excreta with high chemical and biological content that are deposited on the soil and can contaminate groundwater or surface water through infiltration and runoff. Damage to soil structure and texture, reducing the water infiltration capacity in the soil profile. | Should not be permitted | May be permitted but must have a management plan for remnants and water that ensures discharges with a water quality in accordance with the discharge regulations. Use of biodigesters, vermiculture, and oxidation lagoons or other systems. SETENA will require a detailed hydrogeological study, vulnerability and risk, and analysis by SENARA. | May be permitted but must have a management plan for remnants and water that ensures discharges with a water quality in accordance with the discharge regulations.
Use of biodigesters, vermiculture, and oxidation lagoons or other systems. SETENA will require a detailed hydrogeological study, vulnerability and risk, and analysis by SENARA. | Permitted, but must have a management plan for remnants and water that ensures discharges with a water quality in accordance with the discharge regulations. | Permitted, but must have a management plan for remnants and water that ensures discharges with a water quality in accordance with the discharge regulations. | | Agricultural Activity | EXTREME | HIGH | MEDIUM | LOW | NEGLIGIBLE | | | Conventional agricultural production systems (Coffee, sugarcane, tomato, strawberries, etc.) | Use of synthetic pesticides without control causes water contamination through infiltration. Inadequate soil use causes degradation and loss of infiltration capacity. | Should not be permitted | May be permitted provided that agrochemicals of very low toxicity, persistence, and mobility are used.
Must have a soil management plan in accordance with decree 23214-MAG- MIRENEM. Effluent management and treatment must be provided. The activity must have a good agricultural practices certification. | May be permitted provided that agrochemicals of very low toxicity, persistence, and mobility are used. Must have a soil management plan in accordance with decree 23214-MAG- MIRENEM. Effluent management and treatment must be provided. The activity must have a good agricultural practices certification. | May be permitted provided that agrochemicals of very low toxicity, persistence, and mobility are used. Effluent management and treatment must be provided. The activity must have a good agricultural practices certification. | May be permitted | | Conservationist production systems. | Rational use of pesticides, but which could reach aquifers, springs (nacientes), and watercourses, depending on the degree of vulnerability. | Should not be permitted | May be permitted provided that agrochemicals of very low toxicity, persistence, and mobility are used.
Must have B.P.A. certification. Soil management plans. Use of records. Application of the methodology for determining land-use capacity in accordance with decree Nº 23214 - MAG- MIRENEM and Ley 7779 | May be permitted provided that agrochemicals of very low toxicity, persistence, and mobility are used. Must have B.P.A. certification. Soil management plans. Use of records. Application of the methodology for determining land-use capacity in accordance with decree Nº 23214 - MAG- MIRENEM and Ley 7779 | May be permitted, must have a farm management plan, considering land-use capacity. | May be permitted | | Organic production systems | There could be some remnants, leachates, and effluents that eventually contaminate aquifers. | Should not be permitted | May be permitted but with B.P.A. certification, soil management plans, and use of records | May be permitted but with B.P.A. certification, soil management plans, and use of records | May be permitted | May be permitted | | Other activities (commerce, industry, warehouses, etc.) | EXTREME | HIGH | MEDIUM | LOW | NEGLIGIBLE | | | According to the regulation of the Ministry of Health.
Decreto 30465 S and the regulation on discharge and reuse of wastewater. N. 26041-S MINAE. The above urban, livestock, and agricultural activities are not included. | The problem lies in the treatment, disposal, and management of toxic substances and effluents from industrial processes and the activities contained in said decree. Activities classified as A and B, which have the greatest environmental impact, are especially considered. All industries must comply with discharge regulations. | Should not be permitted | Class A industrial activities are not permitted due to the high risk of contamination. Other activities are permitted subject to effluent treatment and adequate storage of hazardous substances, with the sealing of storage and substance handling areas. | May be permitted subject to effluent treatment and adequate storage of hazardous substances, with the sealing of storage and substance handling areas.
Activities or industries classified as A must conduct the detailed hydrogeological study. | May be permitted subject to effluent treatment and adequate storage of hazardous substances, with the sealing of storage and substance handling areas. Activities or industries classified as A must conduct the detailed hydrogeological study. | May be permitted subject to effluent treatment and adequate storage of hazardous substances, with the sealing of storage and substance handling areas. Activities or industries classified as A must conduct the detailed hydrogeological study. | Approved by the Board of Directors of SENARA by agreement 3303, in extraordinary session N. 239-06 of September 26, 2006.
Prepared by the Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento (SENARA) in coordination with the Inter-Institutional Commission of the Cantón de Poas composed of the Municipalidad de Poas, Ministry of Health, Ministry of Agriculture and Livestock, Ministry of Environment and Energy, Depart. Aguas del MINAE, Secretaria Técnica Nacional Ambiental, and SENARA.
This vulnerability matrix must be applied in conjunction with the contamination vulnerability map prepared by SENARA, which must have a scale of 1:50000 or smaller. Classification of commerce, industries, and services International Standard Industrial Classification of All Economic Activities (CIIU).
General regulation for the granting of operating permits by the Ministry of Health Decreto N. 30465 S Note:
In all cases considered in this table, the environmental feasibility approval process by SETENA must be complied with. In all cases, all permits requested by the different entities must be complied with.
In all cases, the discharge regulations must be complied with.
The protection areas established by Law for springs (nacientes), wells, riverbanks, and other special encumbrances established by law must be respected. The classification of agrochemicals regarding toxicity, mobility, and persistence shall be that applied by authorized entities, such as the Ministry of Health.