This right is contingent upon the citizen asserting it directly and actively, through the various mechanisms authorized by law.
One of those mechanisms is precisely the development of local policies and municipal territorial planning plans, which, besides having a strong component of citizen participation, enjoy municipal autonomy over the cantonal jurisdiction, as established in the Organic Environmental Law No. 7554, in its articles 6, 28, and 29. Despite this, in many cantons nationwide, this mechanism has been undervalued. The creation of a cantonal policy is not a priority, and many municipalities lack guides and baselines for defining plans for each of the topics under the purview of local governments.
Today, society is suffering the consequences of environmental decisions that were taken lightly in the past. Among these consequences are: water pollution, decreased water supply, climate change, lack of food security, and loss of natural areas and biodiversity. This is why, when proposing environmental policies or territorial planning plans, it is necessary for the approach to be holistic and integrative. One of the most effective ways to comply with these principles is to work with a watershed (cuenca hidrográfica) approach; this is because the watershed is a natural unit that delimits and simultaneously unites territories where social, environmental, and economic variables converge, and it transcends political-administrative barriers. That unit possesses an integrating element, which is water. The main river that drains the watershed is an indicator of what occurs in its territory; according to the state of its channel, one could infer conflicts in land use, the intensity of socioeconomic activities, the management of waste originating from those activities, and the degree of forest protection, among other things.
In accordance with the foregoing, this environmental policy is so insistent on using water as a cross-cutting theme. The Law on the Use, Management, and Conservation of Soils No. 7779 mentions municipal participation in the development of territorial planning plans by watershed, and this, in turn, aligns with technical and political criteria expressed on the matter, such as the Pronouncement of the Technical Advisory Committee on Hydrometeorology and Rivers of the National Commission for Risk Prevention and Emergency Response, dated August 2010, which urges municipalities to include the variable of local risk management with an integrated watershed approach in their development plans.
Aside from incorporating the watershed concept into development plans, fundamental changes in our values, institutions, and ways of life are needed. We must realize that, once basic needs are met, human development should focus primarily on being more, not on having more. We possess the knowledge and technology necessary to supply resources to all and to reduce our impacts on the environment, but we must guide our way of doing things; it is necessary to define how we want to develop our communities and what our legacy will be to future generations.
It is in this sense that environmental policies are proposed for the canton of Zarcero, so that the population can efficiently meet its needs in harmony with the environment and ensuring that future generations will also enjoy those same conditions. These policies are based on the theory of sustainable development, and for this purpose, some of the ethical principles enshrined in " The Earth Charter" are defined as the philosophical framework.
Principles a. Accept that the right to own, manage, and use natural resources leads to the duty to prevent environmental harm and protect the rights of people.
b. Recognize that the freedom of action of each generation is conditioned by the needs of future generations.
c. Promote social and economic justice, enabling everyone to achieve a secure and dignified livelihood that is ecologically responsible.
d. Transmit to future generations values, traditions, and institutions that support the long-term prosperity of human and ecological communities.
e. Adopt, at all levels, sustainable development plans and regulations that allow for the inclusion of environmental conservation and rehabilitation as an integral part of all development initiatives.
f. Promote the recovery of endangered species and ecosystems.
g. Manage the use of renewable resources such as water, land, and forest products in ways that do not exceed the possibilities of regeneration and protect the health of ecosystems.
h. Take measures to avoid the possibility of serious or irreversible environmental harm, even when scientific knowledge is incomplete or inconclusive.
i. Impose the respective tests and ensure that the responsible parties bear the consequences of repairing environmental harm, principally for those who argue that a proposed activity will not cause any significant harm.
j. Prevent the pollution of any part of the environment and not permit the accumulation of toxic substances or other hazardous substances.
k. Reduce, reuse, and recycle materials used in production and consumption systems and ensure that residual waste can be assimilated by ecological systems.
l. Promote the development, adoption, and equitable transfer of environmentally sound technologies.
m. Internalize the total environmental and social costs of goods and services into their sale price and enable consumers to identify products that meet the highest social and environmental standards.
n. Adopt ways of life that emphasize quality of life and material sufficiency in a finite world.
o. Ensure that information of vital importance for human health and environmental protection is available in the public domain.
p. Guarantee the right to potable water, clean air, food security, uncontaminated land, housing, and safe sanitation.
q. Ensure that all commerce supports the sustainable use of resources, environmental protection, and progressive labor standards.
r. Promote the active participation of women in all aspects of economic, political, civic, social, and cultural life as full and equal partners in decision-making, as leaders, and as beneficiaries.
s. Eliminate discrimination in all its forms, such as those based on race, color, gender, sexual orientation, religion, language, and national, ethnic, or social origin.
t. Honor and support the young people of our communities, enabling them to exercise their essential role in creating sustainable societies.
u. Uphold the right of all to receive clear and timely information on environmental matters, as well as on all development plans and activities that may affect them or in which they have an interest.
v. Support local and regional civil society and promote the meaningful participation of all interested individuals and organizations in decision-making.
w. Institute effective and efficient access to independent administrative and judicial procedures, including remedies and compensation for environmental harm and the threat of such harm.
x. Strengthen local communities, enabling them to care for their own environments.
y. Intensify the role of the mass media in raising awareness about ecological and social challenges.
z. Encourage and support mutual understanding, solidarity, and cooperation among all peoples and implement strategies to prevent violent conflicts and use collaborative problem-solving to manage and resolve environmental conflicts and other disputes.
General Provisions 1st-General Objective. "To assemble a set of norms and principles adopted by the Municipality of Zarcero for the planning of all human activities carried out in the canton, using water as the integrating axis and quality indicator." 2nd-Scope of this policy. According to the Municipal Code, Law No. 7794 of Costa Rica, the municipality possesses political autonomy, and within its powers is included: To issue autonomous regulations for organization and service, as well as any other provision authorized by the legal system. For this purpose, public institutions shall be obligated to collaborate so that these decisions are duly fulfilled.
The Municipal Council has the power, according to the same Code, to:
- a)Set the policy and development priorities of the municipality.
- b)Issue the regulations of the Municipal Corporation.
- c)Issue urban planning measures.
Among the powers and functions vested in the municipal administration in water matters, according to national legislation, are: Protection of aquifer recharge zones, territorial planning, receiving and acting upon complaints filed by citizens, granting construction permits and business licenses, and pollution control and prevention.
Also, in the Municipal Strategic Plan of the canton of Zarcero, the following is established as a territorial planning policy: "To promote urban-rural development and land use to prevent and mitigate negative impacts on the environment." And as a general objective of this strategic area, it mentions: "To identify the appropriate mechanisms to achieve territorial planning that responds to the particularities of the canton." All of the foregoing constitutes the legal basis upon which the following guidelines for territorial planning and integrated water management are grounded, and frames the powers of the Municipality to generate a change in the water culture among the residents of its canton of jurisdiction. These guidelines have two profiles: on one hand, a promotional and incentive-based nature, so that short-term changes are more evident; and on the other hand, a restrictive aspect that seeks to facilitate decision-making for the competent individuals and entities, as well as to minimize the inconveniences that may arise between the parties involved in a conflict. This document is therefore a complement, and what is established in this compendium does not override the mandates of all environmental laws, decrees, and regulations in force in the national legal sphere.
In terms of territorial planning, the instrument that municipalities use to adequately manage their space is the Regulating Plan; however, this instrument is not the only one available to municipalities for that purpose. While this document does not intend to replace the Municipal Regulating Plan, it is conceived as a general but binding input for subsequent processes, such as institutional work plans and those of competent offices like the Municipal Environmental Management Unit (Unidad de Gestión Ambiental Municipal); in addition to being a baseline for other organizations, as well as for territorial planning plans, municipal decrees, or private projects.
The Municipal Environmental Management Unit is an entity of utmost importance for the fulfillment and monitoring of the guidelines presented in this proposal. That is why the Municipality of Zarcero is urged to create, in the short term, an Environmental Management Unit that will lead the territorial planning process at the cantonal level.
3rd-Concepts. Ordinary wastewater (Aguas residuales ordinarias): Wastewater generated by the domestic activities of human beings (use of toilets, showers, sinks, washbasins, laundry, etc.)
Special wastewater (Aguas residuales especiales): Wastewater of a type different from ordinary, generated by agricultural, agro-industrial, and industrial activities.
Fragile areas (Áreas frágiles): Areas with a slope equal to or greater than 30% or, failing that, 16.7°, that are located within the aquifer recharge area or whose land use capability is class IV or higher.
Aquifer recharge areas (Áreas de recarga acuífera): Surfaces where infiltration occurs that feeds aquifers and river channels, according to the delimitation established by the Ministry of Environment and Energy on its own initiative or at the request of interested organizations, after consultation with the Costa Rican Institute of Aqueducts and Sewers (Instituto Costarricense de Acueductos y Alcantarillados), the National Groundwater, Irrigation, and Drainage Service (Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento, SENARA), or another technically competent entity in water matters.
Biogarden (Biojardinera): Alternative treatment system for ordinary wastewater and some special wastewater that incorporates plants as biological filters, which absorb the excess nutrients contained in these waters.
Certificate of origin (Certificado de origen): It is a certificate granted to endorse the origin of a specific product. It is normally applied in international trade to certify an exclusive product with respect to its country of origin. However, within the same country, it can certify the regional origin of a product.
Point-source pollution (Contaminación puntual): When the source of water pollution is well identified, such as discharges of ordinary or special wastewater.
Non-point-source pollution (Contaminación no puntual): When the source of water pollution is not clearly located and is diffuse, such as water running off from an agricultural farm near a water body.
Generating entity (Ente generador): Natural or legal person, public or private, responsible for the discharge of wastewater into a receiving water body or into the sanitary sewer system.
Runoff (Escorrentía): Surface water flowing down the surface of a slope after rainfall. It is considered the opposite process to infiltration.
Water source (Fuente de agua): A spring (naciente), well, or river from which water is extracted for different uses.
Infiltration (Infiltración): Water absorbed by the soil after rainfall. It is the opposite process to runoff.
Integrated pest management (Manejo integrado de plagas): A strategy that uses various complementary methods, whether physical, mechanical, chemical, biological, genetic, legal, and cultural, for pest control, whose main focus is on prevention. Integrated Pest Management, or IPM (MIP), is a strategy that allows for the reduction of pesticide use or their substitution with others that are more innocuous for the environment and human health.
Territorial planning (Ordenamiento territorial): A set of actions and policies aimed at regulating and promoting human settlements and the economic and social activities of the population, as well as physical-spatial development, with the goal of achieving harmony between the greater well-being of the population, the utilization of natural resources, and environmental conservation.
New generation production (Producción de nueva generación): Agricultural and agro-industrial products manufactured in the canton of Zarcero whose production process meets environmental criteria for water protection, rational water use, and prevention of its pollution. Such products will have priority for municipal incentives and those of other entities and will benefit from access to preferential markets.
Participatory certification systems (Sistemas de certificación participativa): Systems developed through a direct relationship between the producer(s) and the consumer(s), who mutually guarantee the origin and condition of the new generation products destined for the local market. In this type of certification, other previously accredited social actors may also participate, who endorse and support the producers and the participatory certification system.
Soil conservation techniques (Técnicas de conservación de suelo): Agronomic, physical, or cultural practices applied to the soil with the aim of seeking an improvement in its productivity, increasing vegetative cover, increasing infiltration, carrying out adequate runoff management, and preventing its pollution and erosion.
Protection zone (Zona de protección): An area around a spring (naciente) and along the edges of a water flow (river or stream), established by national environmental legislation, where a series of regulations are set in place to prevent the degradation of the water resource.
Absolute protection zone (Zona de protección absoluta): An area around a spring (naciente) and along the edges of a water flow (river or stream), which must maintain natural vegetation or, in its absence, allow for its regeneration or restoration, for which purpose fencing becomes necessary.
Article Sheet
Water Protection Declare the area around the Juan Castro Blanco National Water Park, jurisdiction of the canton of Zarcero, a Water Natural Monument, in a strip of 300 meters wide, so that it functions as a buffer area. The Municipality shall ensure that these lands are purchased from their respective owners, excepting those already being conserved on their own initiative by environmental associations or organizations, or those that these entities may acquire with their own resources.
Municipal decree agreed upon in ordinary session No. 17, held May 9, 2011, Article VI, subsection 1, which establishes that MINAE must deliver a copy of tree-felling permits issued in the canton of Zarcero, is hereby modified so that, as of the publication of these environmental policies, it is established as follows: "any application for tree felling in the canton of Zarcero submitted to MINAE must comply with an endorsement from the Environmental Management Unit of the Municipality of Zarcero, or, failing that, the office that the corresponding Municipal Council authorizes. For this purpose, MINAE may not grant any tree-felling permit in the aforementioned territory unless the interested party first presents a certification issued by the corresponding municipal office, duly sealed and signed by the authorized person." Additionally, the corresponding municipal office must request approval from the Watershed League (Liga cuenca) in all cases of tree-felling applications, as a prerequisite to issue the due certification.
Springs (Nacientes) When a spring (naciente) is used for human consumption, the area defined as domain in favor of the nation is 200 meters in radius, according to Art. 31 of the Water Law No. 276. The entity that captures the water and holds the concession for it may request the Costa Rican Institute of Aqueducts and Sewers to delimit, with technical criteria, the most suitable protection area for the spring (naciente). In this case, the restriction applies to the area delimited by the authorities. For the purposes of this policy, it is understood that the area within those 200 meters must have a use according to its use capability, keep existing trees standing, a total restriction on the use of red-label agrochemicals, application of soil conservation techniques, and management of both liquid and solid waste.
The 200-meter protection zone established by the Water Law No. 276 for springs (nacientes) used for human consumption, or the protection area under the Forestry Law No. 7575 for permanent springs (nacientes) mentioned below, refers to zones with tree-felling prohibitions as stated in Art. 34 of the latter law. This means that many activities can be carried out in areas adjacent to a spring (naciente) under the condition of no tree felling; however, this does not guarantee that these activities will not impact the water source. For this reason, in addition to the protection areas established in national legislation, it is stipulated that the farm owner must conserve the forest or allow for regeneration in a strip of 30 meters in radius around the spring (naciente) that is being captured for human consumption, as an absolute protection zone. For this purpose, the Municipality shall ensure that all springs (nacientes) captured for such purpose are duly identified in the database of the Municipality.
In the case of permanent springs (nacientes) not used for human consumption, the protection area shall be 100 meters in radius, according to the Forestry Law No. 7575, in its Art. 33. If the spring (naciente) is intermittent, a protection radius of 60 meters applies, according to Art. 149 of the Water Law No. 276. In both cases, it implies that the owners must conserve the original characteristics of the site and avoid any type of pollution to the spring (naciente).
Regardless of the case of spring (naciente) protection, within the restriction and protection area, all types of construction, whether for residential, commercial, or industrial purposes, are prohibited, per Art. 16 of the General Potable Water Law No. 1634. In case of non-compliance with this norm, the municipality shall proceed in accordance with Art. 24 of the Construction Law No. 833, which establishes demolition by the property owner after prior notification from the municipality. If the owner fails to act within a period of one month from the notification, the municipality shall proceed to demolish the part of the construction that is encroaching upon the protection area and may charge the violator the amount of the expenses incurred by the municipality.
Create the Payment for Hydrological Services program to incentivize the owners of farms that have springs (nacientes) captured for human consumption. The program shall be financed with 1% of the annual collection from the real estate property tax. The amount collected at that percentage shall be distributed equitably among all owners who bear said tax on their farms.
Rivers and Streams On both sides of rivers and streams, a strip of 15 meters shall be delimited as a protection zone, according to Art. 33 of the Forestry Law No. 7575. In this case, the 15-meter restriction applies to economic activities and residential use in rural zones; in urban zones, a restriction strip of 10 meters applies. In rural zones, at least 5 meters shall be required as an absolute protection zone, wooded or reforested, on both sides of a water body, whether permanent or seasonal. If the terrain is very steep (slope greater than 40% or 21.8°), a strip of 50 meters shall be left as a protection zone, or, failing that, the slope that forms part of the canyon of the water body. The restriction shall apply to the area of smaller size in each case. For the purposes of this policy, it is understood that the area within those meters must have a use according to its use capability, keep existing trees standing, a total restriction on the use of red-label agrochemicals, application of soil conservation techniques, management of both liquid and solid waste, and effectively delimit, along the water body, the cattle passages for drinking points and fords, which must be concentrated depending on the quantity of livestock on each farm and its topography.
Aquifers In the case of aquifers, the area to be protected consists of their recharge areas, the boundaries of which shall be determined by SENARA through the development and officialization of the corresponding hydrogeological studies, and the Declaration Decree shall be the responsibility of the Directorate of Water (Dirección de Aguas) of MINAE. In this case, the municipality is responsible for requesting the declaration decree and the investigation to update the information regarding the different recharge areas and aquifers. Furthermore, according to the characteristics of these areas, it shall proceed to declare, within the framework of this policy, the appropriate restrictions.
Appealing to the in dubio pro natura principle, until reliable information is available on the characteristics of the aquifer recharge zones of the canton and the contrary is decreed, all lands located above 2080 meters above sea level (elevation of the highest residential zone in the canton) are declared a construction-free zone (both residential and agro-industrial). This implies that the municipality shall not grant further construction permits in those areas. Houses built before the publication date of these guidelines shall not be affected by this policy.
Furthermore, those zones shall have restrictions according to land use capability, and under no circumstances shall a commercial activity that does not comply with the restrictions be eligible for the new generation production certification established in Chapter 5 of this document, nor shall it enjoy its benefits.
Article Sheet
Water Use and Utilization The principle that water is a public good is recognized, and therefore, the State is responsible for administering it through the Directorate of Water (Dirección de Aguas) of MINAE.
Concessions A concession is a use permit granted by the Directorate of Water (Dirección de Aguas) of MINAE. This permit is subject to the use to be given to the water and to the available water quantity of the source.
Any natural or legal person wishing to use water from a source must process the permit for use and extraction of the water source as established by Art. 17 of the Water Law (Ley de Aguas) No. 276. This procedure is carried out directly at the offices of the Water Directorate (Dirección de Aguas); however, as of 2012, any water concession (concesión de aguas) application processed by the Water Directorate within the territory of the canton of Zarcero must submit a technical-administrative certification from the Environmental Management Unit (Unidad de Gestión Ambiental) of the Municipality of Zarcero, or failing that, the office authorized by the corresponding Municipal Council.
For the purpose of fulfilling the previous procedure, the Water Directorate of MINAET may not grant any concession within the territory of the canton of Zarcero if the interested party has not previously submitted the aforementioned certification, issued by the corresponding municipal office, duly sealed and signed by the authorized person.
The principle of priority of water use for human consumption is ratified, as established by Art. 27 of the Water Law No. 276 and Art. 264 of the General Health Law (Ley General de Salud) No. 5395, and as ratified in Municipal Agreement No. MZ/SCM/241-2011 of Ordinary Session No. 19 held on May 23, 2011, Article VI, subsection 1.
It is established that in the canton, no more than 50% of the total available resource from different water sources may be granted in concession to natural or legal persons, excepting when it is for human consumption or projects declared of public interest or national security by the Executive Branch. Likewise, in each water source, the concession must not exceed 50% of its low-water flow (caudal de estiaje), provided that this measure does not harm concessions granted downstream in the same basin or it is proven that it harms the ecosystem.
When a concession is granted to any natural or legal person in the canton of Zarcero, the obligation of the concessionaire (concesionario) must be established to apply the necessary water management measures, whether for transport or excess water, in a manner that avoids waste and land degradation (degradación del suelo), as established by Art. 22 of the Law on Use, Management and Conservation of Soils (Ley de Uso, Manejo y Conservación de Suelos) No. 7779.
Prevention of Water Pollution Soil Management and Conservation Strongly undulating terrains or those with steeper slopes, meaning greater than 30% or 16.7° according to the Methodology for the Determination of Land Use Capacity in Costa Rica (Metodología para la Determinación de Capacidad de Uso de las Tierras en Costa Rica), Executive Decree No. 23214-MAG-MIRENEM, are considered critical areas. In the case of agricultural activities or civil works construction on these terrains, the property owner or the lessee is obligated to apply all possible soil and water management and conservation practices in order to minimize soil erosion, runoff (escorrentía), and maximize water infiltration; this will be done with the advice of a professional certified by the MAG, or failing that, by this same institution. This provision will be protected under Articles 20 and 41 of the Law on Use, Management and Conservation of Soils, No. 7779. The MAG and the municipal authorities will periodically ensure compliance and monitoring of these practices.
Any change of land use (cambio del uso de la tierra) is prohibited without the due authorization of the MAG and the Municipality. The Environmental Management Unit of the Municipality is empowered to address, in a coordinated manner with other institutions such as: INVU, IDER, MSP, MAG, SINAC, SETENA, TAA, among others, complaints related to this issue.
Based on Article 54 of the Regulation to the Law on Management, Use and Conservation of Soils (Decreto Nº 29375 MAG-MINAE-S-HACIENDA-MOPT), no segregations or registrations can be made by the National and Municipal Cadastre without the authorization for change of land use from the MAG and the municipal authorities. This is for the purpose of safeguarding soils with forestry and agricultural vocation from the expansion of the agricultural and urban frontier, as applicable.
Under Article 22 of the Law on Use, Management and Conservation of Soils, every water concession made within the canton must contemplate "the obligation of the user to apply adequate water management techniques to prevent land degradation." The municipal authorities will coordinate with the Water Directorate of MINAET to ensure that this provision is complied with by those users who are about to initiate a water concession process or renew it.
Solid Waste Clandestine solid waste dumps are totally prohibited. The property owner must take responsibility so that their property is not the object of inadequate waste disposal and must alert the municipal and public force authorities.
Integrated Solid Waste Management (Gestión integral de Residuos Sólidos) is declared of cantonal interest. For this, the Municipality is protected under the Law for Integrated Waste Management (Ley para la Gestión Integral de Residuos) No. 8839, the Municipal Plan for Integrated Solid Waste Management of the Canton of Zarcero, and its respective Regulation. The Municipality will manage resources and alliances to educate the population on the proper management of solid waste at the household, business, community, institutional, and industrial and cooperative levels, on topics such as refusing, reducing, reusing, and separating waste.
Likewise, the Municipality will valorize and adequately dispose of solid waste. For this, a tariff model must be updated so that the service is self-financing, according to the criteria of integrated solid waste management.
Wastewater It is the competence of the Municipality to monitor, regulate, and receive complaints regarding pollution from ordinary and special wastewater (aguas residuales). This will be under the protection of the established national regulations, such as Articles 51, 52, 65, and 67 of the Organic Environmental Law (Ley Orgánica del Ambiente) No. 7554, Article 132 of the Wildlife Conservation Law (Ley de Conservación de la Vida Silvestre) No. 7317. The competence of the Municipality in this matter is based on that granted primarily by the Municipal Code (Código Municipal), which allows it to condition the granting of operating license (patentes de funcionamiento) and construction permits in case of non-compliance with the provisions established by the mentioned articles (Article 79 and 81 of the Municipal Code).
For the implementation of the previous provision, the activities, premises, or sites where citizen complaints have been most frequent and where there are already antecedents in this regard can be used as a starting point. The Municipality and the competent entities will enter into a process of negotiation and accompaniment with the generating entity to establish a plan that prevents the direct discharge of wastewater. For this, the Municipality and the competent entities will use all possible means to approve, standardize measures for each sector, and follow up on the proposals of each generating entity. The design, financing, and operation of the wastewater treatment measures plan are assumed by the generating entity. This plan will contemplate the most feasible and applicable strategies for wastewater treatment in each case, according to the type and size of the activity and the discharge of wastewater (aguas servidas). SENASA and the Ministry of Health are defined as the directly competent institutions.
Apart from regulating the use and discharge of water in productive activities, the Municipality must also ensure regarding wastewater resulting from domestic activities, both in districts, communities, and rural settlements, as well as in the city of Zarcero itself, considering that domestic discharges are one of the largest sources of point-source pollution. For this, the Municipal Administration will seek the means to treat these waters and promote alternative treatment systems such as artificial wetlands or biogardens (biojardineras).
Environmental Impact Management and Assessment Plans To maintain cross-control over all the previously outlined guidelines, any natural or legal person wishing to develop a project within the cantonal limits that requires approval from the National Environmental Technical Secretariat (Secretaría Técnica Ambiental), must submit a copy of the respective documentation to the Environmental Management Unit, or failing that, to the office assigned for that purpose. This Unit must issue a pronouncement that will be binding when granting the corresponding municipal permits.
Promotion of a New Water Culture (Nueva Cultura del Agua) Declare September 1st as the Day of the New Water Culture. It implies that officially, the Municipal Administration will celebrate September 1st, participating in the inauguration act of the Month of the New Water Culture that takes place in the region.
1st-Citizen Participation. Civil society is the protagonist in the fulfillment of the present guidelines. For this purpose, the municipality will encourage citizen participation through its different promotional means and will be the guarantor of the environmental procedures developed at the grassroots level in the communities.
The Development Associations (Asociaciones de Desarrollo) and the Associations Managing Community Aqueducts (Asociaciones Administradoras de Acueductos Comunales) are undoubtedly the protagonists in the fulfillment of many policies, through direct consultation or cooperation alliances. Development Associations are urged to incorporate environmental projects into their work plans. Although these grassroots organizations are the main actors in the environmental management of their communities, the responsibility of the other inhabitants of this canton to put these policies into practice and use the existing mechanisms to propose projects and make the necessary complaints is not eluded under any circumstance. For this purpose, the municipality guarantees to accept these indications and give them follow-up and prompt response.
To encourage citizen participation in environmental protection and conservation, the Environmental Monitoring Committee (Comité de Vigilancia del Medio Ambiente, COVIMA) will be created, composed of any person from civil society of legal age, interested in the improvement and protection of the environment, education and training, and the formation of values at the cantonal level. Its main objective is the surveillance against ecosystem deterioration, protection of flora and fauna, certification of new-generation farms, as well as research and promotion of sustainable development.
All actions carried out by community associations for the purchase of land and protection of springs (nacientes) and aquifer recharge zones (zonas de infiltración de mantos acuíferos) are declared of cantonal interest. Among these organizations, it is important to mention the Community Aqueducts and the Source Association Managing the Aquifers of Alfaro Ruiz (Asociación Fuente Administradora de los Mantos Acuíferos de Alfaro Ruiz).
Women are declared a key element in the cultural change of our society, as the main shapers of our inhabitants from the earliest ages of their lives. And special recognition is given to the young people who are participating in the different associations and organizations that are action platforms on environmental issues and who are being trained as leaders for the future benefit of the communities of the canton and the region. All young people are urged to form similar groups in each of their communities.
2nd-Incentives for New Generation Production. The Municipality will differentiate, from all agricultural and agro-industrial productive activities carried out within the canton, those that respect the environmental criteria stipulated in the previous guidelines for protection of water sources, the good use of water, and the prevention of pollution by wastewater and solid waste from point or non-point sources, soil management and conservation, and biological connectivity, among others. Furthermore, in the case of agricultural activities, the criterion of applying Integrated Pest Management (Manejo Integrado de Plagas) practices will be included, in order to reduce the quantity of agrochemical use and/or its substitution with others having a lower level of toxicity for the environment and human health. These duly identified and cataloged activities will be called new generation production (producción de nueva generación), and the Municipality will seek the mechanisms and incentives (mentioned later) that recognize the efforts of these producers.
Dairy farming and vegetable production being the predominant economic activities in the canton of Zarcero, the best way to protect and accompany the sector in the implementation of the environmental practices stipulated in this document will be sought. For this, the Municipality will coordinate with academic centers and national or international organizations lines of research on topics such as integrated pest management for vegetables, agro-silvopastoral systems, or the disposal of animal excreta in livestock activities, as well as the due technology transfer in those investigations already focused on the aforementioned topics.
The municipal authorities will coordinate with the agencies and branches of the National Banking System and the savings and credit cooperatives in the area, to request, as a requirement for granting credit for agricultural activities, the obligation that the site to be exploited be developed according to the land use capacity (capacidad de uso de la tierra) and that the most pertinent measures for soil management and conservation be established. The Municipality will have, as support to demand compliance with this article, what is stipulated by the Law on Use, Management and Conservation of Soils No. 7779, in its Articles 20 and 46. This same differentiating principle will apply to organic production agricultural activities, as established by Article 24 of the Law for the Development, Promotion and Fostering of Organic Activity (Ley de Desarrollo, Promoción y Fomento de la Actividad Orgánica), No. 8591.
For compliance with the previous article, the respective banking or financial entity will request from the Cadastre office of the Municipality whether the activity to be carried out aligns with the land use capacity, or failing that, with what is dictated by the cantonal regulatory plan (plan regulador cantonal). The municipality will have 8 working days to respond. In the event that the property to be exploited is not in the database of this entity, the bank or financial entity will request its client to carry out the proper registration in the municipal cadastre.
The Municipality, together with the Ministry of Agriculture and Livestock, will ensure that the aforementioned Law (Law No. 8591) is applied in its Articles 23, 25, 26, 27, and 28, where a series of fiscal and non-fiscal benefits are granted to those persons and groups that carry out organic agricultural activities certified by third parties or through a participatory certification system (sistema de certificación participativa).
The Municipality will promote new-generation productive systems as a contribution that the canton makes to the country and the world, by providing high-quality, fresh, and healthy foods produced under the criteria of water source protection, rational water use, and prevention of its pollution, in addition to proper disposal and treatment of solid waste, soil conservation techniques, forest and wildlife protection, as well as the development of technologies seeking carbon neutrality. A local public certificate of origin is established, which the Municipality, together with the MAG and MSP, endorse and grant to food products coming from farms and producers that meet the criteria set forth above. The entity in charge of the evaluation to certify the farms will be COVIMA. This system is protected under Article 14 of the Law for Development, Promotion and Fostering of Organic Agricultural Activity No. 8591, which establishes Participatory Certification Systems. This is with the idea of promoting the commercialization of foods adhering to the criteria of "New Generation Products" (Productos de Nueva Generación) in the local market through direct relationships based on trust between producer and consumer. This certificate will be granted at no economic cost to the producer.
Furthermore, the Municipality, with the help of public entities and civil society, will seek access to better differentiated markets that recognize "Zarcerean New Generation Products" (Productos Zarcereños de Nueva Generación). The purpose of the certificate is to associate Zarcero as synonymous with a territory where food production is carried out in harmony with water and other ecosystems and that, in turn, these are high-quality, fresh, and healthy products. Just as certain products are associated with Zarcero, such as biscuits, cheeses, preserves, etc., so too can vegetables and dairy products be associated with healthy foods produced under practices with lower environmental impact compared to traditional production methods, and for which it is known that demand exists for these essential articles.
3rd-Institutional Competencies. An important condition for the fulfillment of this Environmental Policy is to have a clearly identified Municipal Environmental Management Unit that takes the guidelines set forth here as a framework platform from which the assignment of roles and functions, as well as the formulation of plans and projects, will stem. However, said Unit will not compete with other instances within the Municipality that already have their specific roles. This unit will be an active member of the Environmental Affairs Committee of the Municipal Council. Likewise, it will have the function of effectively addressing complaints on environmental matters and providing the respective follow-up to them. It will also have a coordinating function with other public entities and social actors.
Bibliography I) Legislation Used Political Constitution of Costa Rica Laws Municipal Code No. 7794 Water Law No. 276 Wildlife Conservation Law No. 7317 Construction Law (Ley de Construcciones) No. 833 Urban Planning Law (Ley de Planificación Urbana) No. 4240 Law on Use, Management and Conservation of Soils No. 7779 Forestry Law (Ley Forestal) No. 7575 General Potable Water Law (Ley General de Agua Potable) No. 1634 General Health Law No. 5395 Organic Environmental Law No. 7554 Law for the Development, Promotion and Fostering of Organic Agricultural Activity No. 8591 Law for Integrated Waste Management No. 8839 Regulations Regulation No. 29375MAG-MINAE-S-HACIENDA-MOPT, to the Law on Use, Management and Conservation of Soils
Decree No. 23214-MAG-MIRENEM. Methodology for the Determination of Land Use Capacity in Costa Rica.
Municipal Agreement Agreement of Ordinary Session No. 17 held on May 9, 2011. Article VI, subsection 1.
Agreement of Ordinary Session No. 19 held on May 23, 2011, Article VI, subsection 1.
Institutional Pronouncements National Commission for Risk Prevention and Emergency Response. August 2010. Pronouncement of the Technical Advisory Committee on Hydrometeorology and Rivers. At: http://bit.ly/yyAlBa Material Consulted Aguilar, A. and M. Jiménez. ____. Guide for the Protection of Water Resources (Guía para la Protección del Recurso Hídrico). CEDARENA. San José, Costa Rica. 29 p.
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Segura, O.; M. Miranda, Y. Astorga, J. Solano, F. Salas, M. Gutiérrez, M. Dierckxsens and M. Céspedes. 2004. Environmental Water Agenda in Costa Rica (Agenda Ambiental de Agua en Costa Rica). International Center for Economic Policy (CIMPE), Environmental Forum and Costa Rica - United States Foundation (CRUSA). EFUNA. Heredia, Costa Rica. 192 p.
Administrative Environmental Tribunal. 2010. Manual of Good Environmental Practices in Costa Rica (Manual de Buenas Prácticas Ambientales en Costa Rica). Edition: Gabriela Hernández. San José, Costa Rica. 29 p.
Varela, R. 2008. Condition of Land Use in Micro-basins Used for Potable Water Supply in the Northwest Sector of the Aguacate Mountains, Palmares - Costa Rica (Condición de Uso de la Tierra en Microcuencas Utilizadas para Abastecimiento de Agua Potable en el Sector Noroeste de los Montes del Aguacate, Palmares - Costa Rica). Final Graduation Project. University of Costa Rica. San Ramón, Costa Rica.
Varela, R. 2009. For a New Water Culture. Basic Education Manual for Water Conservation (Por una Nueva Cultura del Agua. Manual Básico de Educación para la Conservación del Agua). Nectandra Institute. San Ramón, Costa Rica. 33 p.
Zeledón, R. 1999. Environmental Code (Código Ambiental). 2nd edition. Editorial Porvenir. San José, Costa Rica. 321 p.
Approved unanimously by 4 votes.
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