For the purposes of this Regulation, the following definitions are established:
Agricultural activity: (Repealed by Article 2 of Decreto Ejecutivo N° 37847 of July 11, 2013) Aquifer: Underground deposit of water originating from the infiltration of this natural resource, through the soil profile, subject to the regime of the Hydrological Cycle.
Groundwater: Originates from infiltration through formations of one or more underground layers of rock or other geological strata that have sufficient permeability to allow a flow and recharge aquifers.
Risk analysis: Process by which risks to human and environmental health are evaluated, resulting from conditions that may contaminate water and soils, considering for this purpose the toxicity and hazardousness of the substances and the exposure of human beings and the different organisms contemplated within the scope of the analysis.
(Thus amended the preceding definition by Article 1 of Decreto Ejecutivo N° 37847 of July 11, 2013) Aquifer recharge areas: Territorial surfaces where most of the infiltration of water through the earth's crust occurs, feeding aquifers and river channels.
Competent authority: Ministry of Health. For the purposes of this regulation, it shall be the Central Level Directorate in charge of environmental regulation.
Divergent land-use change (cambio de uso divergente): Use of the soil that a developer of an activity, work, or project intends, in a manner different from that initially authorized by the State through its institutions, including municipalities.
Fuel: Compound or mixture of chemical compounds which, when combined with oxygen, produces carbon oxides and water in the greatest proportion, releasing energy in the process.
Solid, liquid, and gaseous fossil fuels: Solid fossil fuels are the varieties of mineral coal whose fixed carbon content varies from 10% to 90% by mass and petroleum coke. Liquid and gaseous ones are derivatives of petroleum and natural gas, such as asphalt, kerosene, LP gas, butane, propane, methane, isobutane, propylene, butylene or any of their combinations, bunker fuel, gasoline, and diesel.
Soil and water contamination: Harmful alteration or modification of the chemical, physical, or biological characteristics of soils and waters, due to substances or materials of an exogenous nature, generally caused by human activity, which may negatively affect the biodiversity of agroecosystems and human health.
Soil contamination: Concentrations of chemical substances in soils that exceed the guideline values established in this regulation or those determined for specific cases based on a risk analysis.
Water contamination: Concentrations of chemical substances in waters that exceed the maximum permissible values established in the Reglamento sobre Calidad del Agua Potable, or that exceed those values determined for specific cases based on a risk analysis.
Receiving body: Any spring (manantial), recharge zones, river, stream (quebrada), permanent or intermittent creek (arroyo), lake, lagoon, marsh, natural or artificial reservoir, artificial canal, estuary, mangrove, peat bog, swamp, fresh, brackish, or saltwater where waters are discharged.
Soil degradation: Deterioration of the chemical, physical, and biological characteristics of the soil, with a decrease in its productivity over time, as a consequence of processes such as water or wind erosion, salinization, waterlogging, depletion of nutrient elements for plants, contamination with slow-decomposition agrochemicals or heavy metals, the deterioration of structure, compaction, sedimentation, and other forms of physical, chemical, or biological degradation.
Spill: Sudden and accidental, or otherwise abnormal in quality or quantity, release of a toxic chemical substance in solid or liquid phase from a structure, vehicle, or other container.
Reportable spill: Reportable spills are subdivided into:
- a)A spill of a chemical substance listed in this regulation or a mixture containing it that creates conditions exceeding the prevention levels established in this regulation in an area greater than 25 m², or in specific cases in an area smaller than 25 m², where, according to the reasoned technical judgment of the reporting party, it may represent an environmental or human health risk.
- b)A spill of substances not listed in this regulation but which, based on toxicity, leaching (lixiviación), or persistence criteria in the environment, and according to a risk analysis by the Ministry of Health, generates an unacceptable risk to public health or the environment.
(Thus amended the preceding definition by Article 1 of Decreto Ejecutivo N° 37847 of July 11, 2013) c) Any spill of a hazardous chemical substance or product, or material containing them, according to classification criteria of the Globally Harmonized System of the United Nations, into soil or waters, that has been documented prior to the publication of this regulation.
Emission: Release into the environment of liquid, solid, or gaseous substances from stationary or mobile sources.
Generating Entity: Natural or legal person, public or private, responsible for the emission or discharge of chemical substances that may be deposited in soils.
Infiltration: Downward movement of water through the soil profile.
Enabled laboratory: Laboratory that holds a valid sanitary operating permit issued by the Ministry of Health.
Laboratory with accredited tests: Laboratory with tests accredited by the Ente Costarricense de Acreditación (ECA) for specific samplings and tests.
Leaching (Lixiviación): Movement of substances in solution (solutes) within the soil, generally from the upper horizons to the lower ones, by the action of percolating water.
Leachates (Lixiviados): Substances that penetrate lower strata of the soil and that may affect the quality of waters and the soil.
Soil management: Agronomic and civil practices carried out to modify, maintain, or improve the chemical, physical, and biological characteristics of the soil, in order to optimize its productivity and environmental function and avoid its degradation over time.
Conceptual site model: Tool that allows the written or schematic representation of the prevailing conditions at a site and that shows the distribution, transport mechanisms, and release of contaminants, and in which possible routes and pathways of exposure, as well as potential receptors, are inferred. The conceptual model also assists in establishing the study zone.
Monitoring: The systematic sampling and analysis of the quality of soils, waters, and air carried out by means of automatic or manual equipment, or both, in accordance with the procedures and required detection levels for the substances established in this decree.
Sampling: Professional process in which a representative sample is selected from a batch or system, for its analysis. It includes the pre-sampling, sample collection, and chain of custody stages.
Directed sampling: Sampling carried out at specifically determined points, when prior information about the site is available, the spilled product is known, and the extent of the impact is evident.
Statistical sampling: Sampling carried out according to established mathematical methods, whose function is to provide certainty through determined observations, about different parameters for the total universe.
Responsible professional: A licensed and qualified professional according to current legislation, who declares under oath that the technical information is truthful and accurate. They are the technical person responsible for compliance with this regulation and for carrying out the diagnostic, remediation, and monitoring processes for sites potentially affected by contamination.
Soil recovery: Set of biological, agronomic, or civil practices aimed at restoring and improving the soil's capacity for use, to conditions similar to those existing before being contaminated or affected.
Remediation of contaminated sites: Repair of damage caused to the environment through physical, chemical, and biological processes, including the environmentally safe management of contaminated materials, through which an attempt is made to recover the natural conditions and characteristics in environments that have been damaged, bringing them to safe conditions for the environment and human health.
Hazardous waste: Solid, liquid, pasty, or gaseous waste that, due to its chemical reactivity and its toxic, explosive, corrosive, radioactive, biological, flammable, volatile, combustible, or other characteristics; or due to its quantity and time of exposure, may cause damage to the health of human beings and the environment, including the death of living beings.
Abandoned site: Land or building whose registered owner has not been identified or whose address is unknown.
Contaminated site: Place, space, soil, body of water, installation, or any combination thereof that has been contaminated with chemical substances, materials, or waste, which, due to their quantities and characteristics, may represent a risk to human health, to living organisms, and to the use of the assets or properties of persons, and declared as such by the Ministry of Health. This is based on the provisions contained in this regulation.
(Thus amended the preceding definition by Article 1 of Decreto Ejecutivo N° 37847 of July 11, 2013) Soil: Natural body located on the surface of the earth, formed from a variable mixture of mineral and organic materials, through the action of weathering, chemical, physical, and biological factors over time, capable of supporting the growth of plants and other living beings, and susceptible to modifications by humans and natural events.
Land use (use of the soil): Utilization of a terrain, the physical structure settled on or incorporated into it, or both cases, in terms of type, form, or intensity of its exploitation, as defined by the corresponding Municipality.
Prevention value: Concentration of a given substance in the soil, above which harmful alterations to the quality of the soil and groundwater could occur. It indicates a soil quality that guarantees its primary functions, protecting ecological receptors and the quality of groundwater. It is a value determined in tests with ecological receptors. It must be used to regulate the introduction of substances into the soil, recommend management practices for soils or substances; and when it is exceeded, the continuity of the productive activity must be evaluated, with the legally responsible parties being required to monitor the consequent impact.
Intervention value: Concentration of a given substance in the soil above which there are potential risks, direct or indirect, to human health, considering a generic exposure scenario. It indicates the need for corrective actions to protect receptors. This value is established according to the type of land use: agricultural, residential, or industrial.
Probably contaminated zones: Zones where prevention values are exceeded in their soils.
Contaminated zones: Zones where intervention values are exceeded in their soils.