Every concessionaire will have the following obligations:
- a)Request the registration of the resolution granting the concession.
- b)Present an annual work report; a monthly production report must be included related to the volume of processed materials and the gold recovery in grams.
- c)Payment of the annual surface fee.
- d)Demarcation of the concessioned area.
- e)Have a Safety and Hygiene Regulation approved by the Ministry of Labor.
- f)Comply with the approved technical project.
- g)Comply with environmental standards and other directives issued by SETENA and the DGM.
- h)Keep the Bitácora of the Colegio de Geólogos de Costa Rica up to date.
- i)Keep the contract with the managing geologist or mining engineer current.
- j)Keep the following documents up to date:
A plan, at a convenient scale of the works, allowing for the qualitative and quantitative determination of the evolution of the exploitation.
A daily log supporting the work plan where the relevant events occurring at the exploitation fronts are recorded.
A register of the employed personnel.
A register of production, sale, storage, and export of materials. These documents will be available to the DGM and the RNM, who may consult them at any time.
- k)Request authorization and register with the RNM the material processing contracts when this activity is carried out by a third party.
- l)Keep at the exploitation site a certified copy of the resolution granting the concession.
- m)Comply with the obligations established in this Regulation and in the resolution granting the concession.
- n)Payment of the corresponding Municipal and national taxes.
- o)Process the corresponding Sanitary Operating Permit before the Governing Health Area of the Ministerio de Salud. The requirements to be fulfilled before the Ministerio de Salud for the Operating Permit for rastras and gold processing activities will be the following:
1. For the start of the Operating Permit procedure by the Dirección de Área Rectora de Salud (DARS) of the Ministerio de Salud, for the activity of rastras and processing (beneficiado) sites, the provisions established as prior requirements in this Decree must have been met, which must be certified by the person in charge of the Registro Nacional Minero of MINAE, which must be submitted before the Dirección de Área Rectora de Salud.
2. The Ministerio de Salud will grant the Sanitary Operating Permit in accordance with Decree 34728-S, Regulation for the Granting of Operating Permits by the Ministerio de Salud, and the regulations in force regarding waste management and public health. To this end, for prior inspection purposes, it will conform to the Protocol for the Surveillance of the conditions of: storage, transportation, handling, and safe use of mercury, cyanide, and hazardous substances in artisanal mining, contained as Annex I to this Decree(*) (Subsection o) above thus amended by article 1 of executive decree No. 39436 of January 12, 2016.)
(*) (Sinalevi Note: Annex I to executive decree No. 39436 of January 12, 2016:
"ANNEX I Protocol for the Surveillance of the conditions of: storage, transportation, handling and safe use of mercury, cyanide, and hazardous substances in artisanal mining The Regulation Officer of the Dirección del Área Rectora de Salud Local, who may be accompanied by representatives of MINAE (Dirección de Geología y Minas or Dirección de Calidad de la Gestión Ambiental) and a representative of the Local Municipality, proceeds to carry out the inspection of the establishment, for the on-site verification of compliance with requirements and the documentation submitted.
a- Verify Management Plans The Regulation Officer of the respective Dirección del Área Rectora de Salud must verify during the inspection, the existence and correct implementation of:
Occupational Health Plan -It has internal measures, equipment, personal use implements, gloves, masks, glasses, for the personal self-care in the handling of mercury or other hazardous substances, in the gold extraction process.
-The officials designated to carry out the inspection shall verify compliance with Occupational Health requirements, in accordance with the health regulations on Operating Permits, as well as the education/training that workers have received regarding the risks of chemical substances to human health and the environment.
Emergency plan Verify whether the emergency plan, which must be prepared in accordance with the health regulations on Operating Permits, incorporates the preventive measures necessary to prevent and respond to an emergency involving the leak or spill of mercury, cyanide, or other hazardous substances.
Verify whether the cooperative has the equipment and preventive measures in place to address risks to persons and accidents or harm to the population.
Waste Management Program It must be consistent with the provisions of Decree 37567-S-MINAET-H and incorporate a subprogram for Hazardous Waste Management, in accordance with Decree 37788-S-MINAE, General Regulation for the Classification and Management of Hazardous Waste.
Technological Change Plan In order to comply with the provisions of Transitory Provision I of Law 8904, the regulated party must have a Technological Change Plan, in order to achieve, by the date established in that norm, the substitution of mercury and cyanide with other methods of ore processing. To this end, all PSF issued by the Ministry of Health will expire on February 10, 2019, with the exception of those that have completed the technological change, whose validity will be for 5 years.
These Plans and Programs must be integrated into an Environmental Management System, which must be updated at least every three years.
b- Verify documentation demonstrating compliance with requirements for the purchase of mercury, cyanide, and other hazardous substances.
The Regulatory official verifies the existence of, or requests that the regulated party show evidence of, the following documents:
Forms for maintaining control or a record of movements, transfers, incoming and outgoing available mercury, cyanide, and other hazardous substances at the cooperative.
The enterprise must have copies of the Safety Data Sheets (Fichas de Datos de Seguridad, FDS), or Material Safety Data Sheet (MSDS), available in the work area, and it must be verified that the workers are familiar with their contents.
Copies of purchase invoices, international invoices if importing directly, or from a domestic supplier.
Only if importing hazardous products directly, must it have an in-situ verifiable registration of the substances, granted by the Directorate of Regulation of Products of Sanitary Interest of the Ministry of Health.
c- Receive documentation demonstrating compliance with requirements for the transport of mercury, cyanide, or other hazardous substances or products.
The Regulatory official of the respective Directorate of the Rector Area of Health receives the documents from the regulated party or legal representative of the cooperative and proceeds to review that:
If the regulated party (owner of the milling circuit) also transports its own hazardous products, it must comply with the requirements for the transport of mercury or other hazardous substances or products (Decree 24715-MOPT-MEIC-S.)
If the regulated party (owner of the milling circuit) also transports its own waste, it must additionally register as a waste manager; therefore, compliance with the requirements of Executive Decree 37567-MINAET-H, General Regulation to the Law for Integrated Waste Management, and Decree 37788-S-MINAE must be verified:
For the transport of hazardous products or hazardous waste, the applicable requirements must be verified during the on-site inspection from among the following:
i. The vehicle complies with labeling standards according to UN Standards and the regulations in force.
ii. Indication of packing group (Groups I, II, and III, as applicable).
iii. Emergency sheet for the transport of hazardous products.
iv. Registration of accreditation as a manager by the Ministry of Health.
v. Training certificate for the transport of hazardous products.
vi. Instruments or forms for control, or documents recording the movements and transfers of mercury, cyanide, and other hazardous substances.
vii. A document indicating where the waste originates and proof that the disposal site is endorsed by the Ministry of Health. (Sanitary Operating Permit and Manager Registration) d) Handling of hazardous substances at the plant Have a logbook "Report on the movement of Mercury and hazardous substances or products" that clearly shows inputs to the plant, consumption per event, the quantity recovered per event, and the quantity of tailings/sludges (waste) generated.
Verify the operational record and control of the quantity of recovered mercury, cyanide, and other hazardous substances, per event.
Verify the record and control of the quantity, by weight in Kg, of the gold recovered from amalgamation, treatment, or washing.
- e)Storage i) Location of the hazardous substance storage facility.
-As close as possible to the gold ore processing plant.
-It may not be located on flood-prone sites, wetlands, swamps, or mangroves.
-It may not be located on land exposed to landslides.
-It must be outside of land considered to be state-owned natural heritage (patrimonio natural del Estado).
-It must respect any type of alignment affecting the land.
-A distance of 100 meters from neighboring dwellings must be respected.
- ii)Characteristics of the storage facility.
The facility must be a dry site, closed but properly ventilated.
The facility must be properly labeled indicating the storage of hazardous substances.
The facility must be closed and its access restricted.
The floor must be impermeable and free of cracks or crevices that would make the collection of dust or waste difficult.
- iii)Storage of hazardous substances.
Determine if there is incompatibility among the hazardous substances to be stored.
Hazardous substances must be kept in airtight, properly labeled, impact-resistant containers.
Do not store food or beverages in the same facility used for storing hazardous substances.
The facility must be kept clean.
Storage of small quantities at the plant (milling circuit area) must be limited to what is required for one event (one process batch), and kept in airtight, properly labeled, impact-resistant containers.
Mercury, cyanide, and other hazardous substances must be stored separately from other raw materials.
- iv)Handling Personnel handling hazardous substances must use personal safety implements, such as gloves, masks, and goggles.
Under no circumstances shall the burning of amalgam in the open air in an open circuit be permitted.
LP gas handling facilities must be in accordance with standard NFPA 58.
For the recovery of gold from amalgam, a closed-circuit retort system must be used to prevent the release of mercury, cyanide, and other hazardous substances in vapor form.
Do not consume food or beverages, or smoke, during the process of handling hazardous substances.
Prevent mercury, cyanide, and other hazardous substances from coming into contact with skin, and from impregnating work clothing.
Do not use containers that have held mercury, cyanide, and other hazardous substances for storing food or beverages.
Residual mercury, cyanide, and other hazardous substances must not be poured onto the ground or into water sources.
It is recommended that industrial hygiene monitoring for mercury vapor, cyanide, and other hazardous substances be conducted once a year at work sites, in order to verify compliance with Standard INTE 31-08-04-97, Maximum permissible environmental concentrations in workplaces, and to inform workers of their potential exposure level.
If the TLV is exceeded, engineering, personal protection, or administrative measures must be established to minimize hazardous exposure, and these measures must be verified within 60 days through a new environmental measurement.
The measurement of Biological Exposure Indices (IBE = blood or urine samples) shall be accepted as an exposure indicator.
- v)Waste Ordinary waste must be managed in accordance with Law 8839 and its regulations.
Hazardous waste produced must comply with Regulation 37788-S-MINAE, and be managed separately from ordinary waste.
Enterprises must have adequate materials for the neutralization and collection of spills of mercury, cyanide, and other hazardous substances.
Piles of sludges/tailings must be waterproofed and covered to prevent the infiltration of rainwater and the transport of accumulated materials by runoff or wind.
The sludge/tailing waste resulting from ore processing must be delivered to hazardous materials managers, duly accredited before the Ministry of Health. The waste must be characterized in accordance with Decree 37788-S-MINAE, General Regulation for the Classification and Management of Hazardous Waste, particularly regarding its mercury and other hazardous substance content.
In the storage areas for these wastes, and on the packaging, "Mercury Waste," "Cyanide Waste," and "Toxic" must be indicated.
If said waste is exported for subsequent processing, the requirements under the Basel Convention, established in Decree 37567-S, General Regulation to the Law for Integrated Waste Management, must be met.
Wastewater from the ore processing must comply with the provisions of the Regulation on the Discharge and Reuse of Wastewater (Decreto 33601-S-MINAE).
Fumes emitted by the crucible (crisol) and retort must be captured/extracted and bubbled through water or filtered through activated carbon (preferably impregnated with sulfur).
- p)To exploit the concession rationally and effectively in accordance with the approved exploitation plan.