For the purposes of this regulation, the following shall be understood as:
- a)Sidewalk: Part of the right-of-way, normally located at its edges, reserved for pedestrian traffic.
- b)Wastewater: Domestic wastewater resulting from the daily activities of people. It requires channeling systems and treatment in compliance with current regulations. Also called Black Water or Sewage Water.
- c)Stormwater: Water from rainfall that flows superficially through gutters or storm drains.
- d)Storm sewer: System that collects and disposes of only stormwater.
- e)Storage: Action of temporarily retaining solid waste until it is delivered to the collection service, processed for its utilization, or disposed of.
- f)Companion animal: Animal that lives with human beings. According to the Regulation for the reproduction and responsible ownership of companion animals (No. 31626-S of September 22, 2003, and published in La Gaceta No. 26 of February 6, 2004), companion animal shall be understood only as dogs and cats.
- g)Real property: Any land with or without buildings or infrastructure works.
- h)Canton: Refers to the canton of La Unión.
- i)Category: Classification of a generator according to the estimated solid waste produced per month.
- j)Recovery center for valorizable waste: A permanent site for the reception and temporary storage of solid waste for its valorization, where recoverable materials can be weighed, classified, and separated according to their nature for subsequent commercialization. Also known as a Collection Center.
- k)Composting: Technique that allows the controlled aerobic decomposition of biodegradable organic matter to achieve a product usable as a soil improver.
- l)Concessionaire: Individual or legal entity to whom, through a legal administrative act, the right is temporarily granted to take charge of the sanitation, collection, transportation, treatment, recycling, and/or final disposal service of ordinary waste in the Canton.
- m)Container: Receptacle intended for the temporary storage of ordinary solid waste.
- n)Taxpayer: Owner and/or possessor of a real property where the Municipality provides the solid waste collection, disposal, and treatment service.
- o)Curb and gutter: Drain for the evacuation of stormwater from the roadway, located parallel between the edge of the roadway and the sidewalk or green strip of the road.
- p)Effective cost: for the purposes of this regulation, the effective cost of the work is the sum of the cost of materials, labor, use of equipment as well as its depreciation, contingencies, administrative and financial expenses, cost of collection, disposal, and treatment of solid waste if required, as well as other direct and indirect costs related to the work, plus a ten percent (10%) profit for development. In the event of external contracting, the amount determined by the invoice for the cost paid by the Municipality to the company or person who performed the work shall be taken, with application of the above. All the foregoing, in accordance with article 74 of the Municipal Code.
- q)Final disposal: Orderly and definitive placement, distribution, and confinement of ordinary solid waste at a site designed for this purpose.
- r)Weighting factor: Value established using the domestic or household unit as a reference.
- s)Source of generation: Place where solid waste is generated.
- t)Generator: Individual or legal entity, public or private, that generates solid waste through the development of production processes, rental or leasing, services, commercialization, or consumption that fall under municipal jurisdiction.
- u)Integral Solid Waste Management (Gestión Integral de Residuos Sólidos, GIRS): Articulated and interrelated set of regulatory, operational, financial, administrative, educational, planning, monitoring, and evaluation actions for the handling of solid waste, from its generation to final disposal.
- v)Manager (Gestor): Individual or legal entity, public or private, registered and authorized by the Ministry of Health for the total or partial management of solid waste in accordance with article 32° of the Law for the Integral Management of Waste.
- w)Incentives: Refers to the benefit granted to generators who contribute to correct management, demonstrating minimization and the application of the hierarchy in the integral management of waste established in Law No. 8839.
- x)Solid waste handling: Set of technical and operational activities of waste management that includes storage, collection, transportation, valorization, treatment, and final disposal of ordinary, valorizable, and non-traditional solid waste generated in the Canton.
- y)Municipality: State legal entity with territorial jurisdiction over the canton of La Unión. It is responsible for the administration of local services and interests, in order to promote the integral development of the Canton in harmony with the national development plan.
- z)License holder: Individual or legal entity that holds a commercial license to engage in lucrative activities.
aa) Municipal Plan for the Integral Management of Solid Waste (Plan Municipal para la Gestión Integral de Residuos Sólidos, PMGIRS): Instrument that will guide municipal actions for the integral management of solid waste in the canton of La Unión.
bb) Owner: Individual or legal entity with a property title registered in the National Registry.
- cc)Possessor: Individual or legal entity that exercises dominion over a property without having a title registered in the Public Registry.
dd) Recycling: Transformation of solid waste through different valorization processes that allow its economic and energy value to be restored, thus avoiding its final disposal, provided that this restoration implies a saving of energy and raw materials without harming health and the environment.
ee) Collection: Action of collecting solid waste under municipal jurisdiction at the sources of generation or receptacles, in accordance with the provisions of this regulation, to be transferred to recovery centers for valorizable waste or collection centers, transfer stations, treatment facilities, or final disposal.
ff) Selective collection: Segregated collection service for solid waste previously separated at the source that allows certain solid waste to be valorized.
gg) Sanitary landfill: Site where a technique is applied by which waste is deposited in cells duly conditioned for this purpose and where it is spread, arranged, compacted, and covered daily. Its purpose is to prevent and avoid damage to health and the environment, especially from the contamination of water bodies, soils, the atmosphere, and the population by preventing the spread of arthropods, carrion birds, and rodents, which are agents harmful to health.
hh) Biodegradable waste: Solid or semi-solid waste, of animal or vegetable origin, that can be decomposed into the chemical elements that comprise it, due to the action of biological agents, such as plants, microorganisms, and fungi, and utilized through composting and other technologies.
- ii)Construction and demolition waste: Those solid wastes generated in tasks such as: the construction, reconstruction, repair, alteration, expansion, and demolition of buildings, and urbanization works of any nature, whether urban or rural.
jj) Electronic waste: Those wastes derived from electronic devices for both domestic and commercial use as described in Annex 1 of the Regulation for the Integral Management of Electronic Waste of Costa Rica (Decreto Nº 35933-S published in La Gaceta No. 86 of May 5, 2010). The components, subassemblies, and consumables that are part of the product are considered part of this waste.
kk) Waste: Solid, semi-solid, liquid, or gaseous material, which its generator or possessor must or needs to dispose of, and which can or must be responsibly valorized or treated or, failing that, be managed by adequate final disposal systems.
- ll)Garden waste: Those wastes obtained from pruning and garden maintenance tasks, such as: grass, leaves, branches, flowers, fruits, among others. They can be considered biodegradable waste.
mm) Waste requiring special handling: Those that, due to their composition, transportation needs, storage conditions, forms of use, or recovery value, or a combination of these factors, imply significant risks to health and systematic degradation of the quality of the ecosystem, and therefore need to be removed from the normal stream of ordinary waste.
nn) Non-valorizable solid waste: Waste that currently has no use or recovery value in the country.
oo) Ordinary waste: Waste of a domestic nature generated in homes and any other source, which presents compositions similar to those from homes. Waste requiring special handling or hazardous waste, regulated in this Law and its regulation, is excluded.
pp) Hazardous waste: All waste that, due to its chemical reactivity and its toxic, explosive, corrosive, radioactive, biological, infectious-contagious, and flammable characteristics, or that due to its time of exposure, may cause harm to health and the environment.
qq) Sharp-cutting waste: Any object capable of penetrating and/or cutting tissues, including surgical medical instruments; laboratory articles, dental instruments, as well as general use articles: such as light bulbs (all types), fluorescent tubes, all types of staples, metal and plastic bands.
rr) Valorizable waste: Waste that, due to its potential reuse value, can be recovered for valorization, such as glass, paper, plastic, metal, cardboard, poly-laminates (tetrapak), electronic waste, white goods, and any other with reuse potential.
ss) Non-traditional or bulky waste: Those objects disposed of sporadically by their owners, having reached the end of their useful life, which due to their size, weight, or characteristics are not suitable for ordinary collection.
tt) Waste separation: Procedure by which solid waste is prevented from being mixed from the generating source, allowing it to be placed separately for collection purposes.
uu) Collective storage system: A defined and enclosed area, intended for the temporary collective storage of solid waste, awaiting the collection service.
- vv)Taxable subject: Any individual or legal entity obligated to fulfill tax obligations, in their capacity as taxpayer, whether as the owner or possessor of land to which the service is provided.
ww) Public service rate (Tasa): Tax whose obligation is generated by the effective or potential provision of a public service, individualized to the taxpayer, and whose revenue must not have a destination unrelated to the service that is the reason for the obligation.
- xx)Tariff (Tarifa): Name given to the mathematical expression representing the cost that the taxpayer must pay for the effective or potential provision of the public service.
yy) Treatment: Transformation of waste or specific parts into new products or change of characteristics, such as recycling, composting, mechanical-biological treatment, thermal treatment, among others.
zz) Tax: Monetary contributions (taxes (impuestos), rates (tasas), and special contributions), which the State, in the exercise of its sovereign power, demands in order to obtain resources for fulfilling its purposes.
aaa) Domestic or household unit: Structure built on a property where a waste generator lives.
bbb) Serviced unit: Residence, institution, business, or industry to which the service is provided.
- ccc)Users: Domestic or household unit, license holder, state entity, or any other non-governmental organization to which the collection, disposal, and treatment service is provided.
ddd) Valorization: Set of associated actions whose objective is to recover the value of waste for production processes, the protection of health and the environment, through the recovery of materials and/or energy utilization and the rational use of resources.
eee) Open dump (Vertedero): Site without prior preparation, where waste is deposited without technique or using very rudimentary techniques, and where adequate control is not exercised.
fff) Public road: Any land in the public domain and for common use, which by provision of the administrative authority is designated for free transit in accordance with urban legal planning. It also includes land that has de facto been destined for public use.
Municipal Management