Signature This Protocol shall be open for signature by any Party to the Convention in Oranjestad, Aruba, on October 6, 1999, and in Santa Fe de Bogotá, Colombia, from October 7, 1999, to October 6, 2000.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Protocol.
DONE IN Oranjestad, Aruba, on October 6, 1999, in a single copy in the English, French, and Spanish languages, the three texts being equally authentic.
Categories of sources, activities, and associated pollutants of concern A. Definitions For the purposes of this Annex and subsequent annexes:
1. "Point sources" means sources where discharges and releases are introduced into the environment from any discernible, confined, and discrete conveyance, including, but not limited to, pipes, channels, ditches, tunnels, conduits, or wells, from which pollutants are or may be discharged; and 2. "Non-point sources" means sources other than "point sources" through which substances enter the environment as a result of run-off, precipitation, atmospheric deposition, drainage, seepage, or hydrological modification.
B. Priority source and activity categories affecting the Convention area The Contracting Parties shall take into account the following priority source and activity categories when formulating regional and, where appropriate, subregional plans, programs, and measures for the prevention, reduction, and control of pollution in the Convention area:
Domestic wastewater Agricultural non-point sources Chemical industries Extractive industries and mining Food processing activities Liquor and soft drink manufacturing Petroleum refineries Pulp and paper production facilities Sugar factories and distilleries Intensive livestock activities C. Associated pollutants of concern:
1. Primary pollutants of concern When establishing effluent and emission limits and management practices for the sources and activities listed in this Annex, the Contracting Parties shall consider, taking into account the recommendations and other work of competent international organizations, the following list of pollutants of concern, which have been identified due to their hazardous or noxious characteristics:
(a) Organohalogen compounds and substances which may form such compounds in the marine environment; (b) Organophosphorus compounds and substances which may form such compounds in the marine environment; (c) Organotin compounds and substances which may form such compounds in the marine environment; (d) Heavy metals and their compounds; (e) Crude oil and hydrocarbons; (f) Used lubricating oils; (g) Polycyclic aromatic hydrocarbons; (h) Biocides and their derivatives; (i) Pathogenic microorganisms; (j) Cyanides and fluorides; (k) Non-biodegradable detergents and other surface-active substances; (l) Nitrogen and phosphorus compounds; (m) Persistent synthetic materials and other materials, including trash, that float, flow, or remain in suspension or settle on the bottom and that affect marine life and hinder uses of the sea; (n) Compounds with hormone-like effects; (o) Radioactive substances; (p) Sediments; and (q) Any other substance or group of substances with one or more of the characteristics listed in section 2 below.
2. Characteristics and other factors to be taken into account when evaluating other pollutants of concern The Contracting Parties should consider, taking into account the recommendations and other work of competent international organizations, the following characteristics and factors, as appropriate, when evaluating potential pollutants of concern, in addition to those listed in section 1 above:
(a) Persistence; (b) Toxicity and other harmful properties (e.g., carcinogenic, mutagenic, and teratogenic properties); (c) Bioaccumulation; (d) Radioactivity; (e) Potential to cause eutrophication; (f) Health impacts and risks; (g) Migratory potential; (h) Transboundary effects; (i) Risk of undesirable changes in the marine ecosystem, irreversibility or duration of effects; (j) Negative effects on marine life and on the sustainable development of living resources or on other legitimate uses of the sea; and (k) Effects on the taste or odor of marine products intended for human consumption or on the odor, color, transparency, or other characteristics of waters in the marine environment.
Factors to be used in determining effluent and emission source controls and management practices A. The Contracting Parties, when establishing subregional and regional limits and management practices for effluents and emissions from specific sources, pursuant to Article IV of the Protocol, shall evaluate and consider the following factors:
1. Characteristics and composition of the waste (a) Type and volume of the waste source (e.g., industrial process); (b) Type and form of waste (origin, physical, chemical, and biological properties, average composition); (c) Physical state of the waste (solid, liquid, sludge, aqueous suspension); (d) Total quantity (units discharged, e.g., per year or day); (e) Frequency of discharge (continuous, intermittent, seasonal, etc.); (f) Concentration of the main constituents of the waste from the source or activity; and (g) Interaction with the receiving environment.
2. Characteristics of the activity or source categories (a) Performance of existing technologies and management practices, including indigenous technologies and practices; (b) Age of facilities, where appropriate; and (c) Existing economic, social, and cultural characteristics.
3. Other production practices and treatment technologies or waste management practices (a) Opportunities for recycling, recovery, and reuse; (b) Substitution with less hazardous or non-hazardous raw materials; (c) Substitution with other less polluting products or activities; (d) Economic, social, and cultural impacts of these substitution activities and products; (e) Use of low-waste or non-polluting technologies or processes; and (f) Other disposal methods (e.g., land application).
B. In accordance with Article IV of the Protocol, each Contracting Party shall apply, at a minimum, the effluent and emission source control and management practices set forth in the subsequent annexes. Each Party may impose stricter source control or management practices. To determine the appropriateness of applying stricter limits, a Contracting Party shall also take into account the characteristics of the discharge site and the receiving marine environment, including:
1. The hydrographic, meteorological, geographical, and topographical characteristics of coastal areas; 2. The location and type of discharge (outfall, channel discharge, gullies, etc.) and its relationship to sensitive areas (such as swimming areas, reef systems, seagrass beds, spawning, nursery, and fishing areas, shellfish beds, and other particularly sensitive areas), as well as to other discharges; 3. The initial dilution achieved at the point of discharge into the receiving marine environment; 4. The dispersion characteristics (due to currents, tides, and winds) that may affect the horizontal transport and vertical mixing of the affected waters; 5. The characteristics of the receiving waters with respect to the physical, chemical, biological, and ecological conditions in the discharge area; and 6. The capacity of the receiving marine environment to assimilate waste discharges.
C. The Contracting Parties shall keep the source control and management practices set forth in the subsequent annexes under review.
1. If the reduction of inputs resulting from the use of effluent and emission limits and management practices established in accordance with this Annex does not result in environmentally acceptable outcomes, the effluent and emission limits or management practices may need to be reviewed; and 2. The appropriate limits and management practices for effluents and emissions may be changed in the future, taking into account technological advances and economic and social factors, as well as changes in scientific knowledge and the advancement and understanding of science.
Domestic wastewater A. Definitions For the purposes of this annex:
1. "Domestic wastewater" means all discharges from households, commercial facilities, hotels, septic systems, and any other entity whose discharges include the following:
(a) Water discharged from toilets (black water); (b) Discharges from showers, sinks, kitchens, and laundries (grey water); or (c) Discharges from small industries, provided their composition and quality are compatible with treatment in domestic wastewater systems.
Domestic wastewater may also contain small amounts of industrial waste or processed wastewater (see Part D - Industrial Pretreatment).
2. "Class I waters" means waters in the Convention area that, due to inherent or intrinsic environmental characteristics, biological or ecological fragility, or human use, are particularly sensitive to the impact of domestic wastewater. Class I waters include, among others:
(a) waters containing coral reefs, seagrass beds, or mangroves; (b) areas critical for the reproduction, nursery, and feeding of aquatic and terrestrial life; (c) areas providing habitats for species protected under the Protocol concerning Specially Protected Areas and Wildlife (SPAW Protocol) of the Convention; (d) protected areas included in the SPAW Protocol; and (e) waters used for recreation.
3. "Class II waters" means waters in the Convention area, other than Class I waters, that, due to oceanographic, hydrological, climatic, or other factors, are less sensitive to the impact of domestic wastewater and where such discharges do not expose humans or living resources that could be negatively affected by these discharges.
4. "Existing domestic wastewater systems," with respect to each Contracting Party, means public or private domestic wastewater collection systems, or collection and treatment systems, built before the entry into force of this Annex for that Party.
5. "New domestic wastewater systems," with respect to each Contracting Party, means public or private wastewater collection systems, or collection and treatment systems, built after the entry into force of this Annex for each of the Contracting Parties, and includes existing domestic wastewater systems that have undergone substantial modifications after said entry into force.
6. "On-site systems" means domestic wastewater disposal systems for households and small commercial establishments in situ in low population density areas or where centralized domestic wastewater collection and treatment systems are not economically or technologically feasible. On-site systems include, among others, septic tanks and field drains or mounds, holding tanks, latrines, and composting toilets.
7. "Wastewater collection systems" means any collection or transport system designed to collect or channel domestic wastewater from multiple sources.
B. Discharge of domestic wastewater 1. Each Contracting Party shall:
(a) In accordance with the provisions of this Annex, regulate domestic wastewater discharged into or having a negative effect on the Convention area; (b) To the extent possible, locate, design, and construct domestic wastewater treatment facilities and outfalls so as to minimize negative effects or discharges into Class I waters; (c) Encourage and promote the reuse of domestic wastewater in a manner that minimizes or eliminates discharges into the waters of the Convention area that have a negative effect; (d) Promote the use of clean technologies to minimize discharges or avoid negative effects within the Convention area; and (e) Develop plans to meet the obligations contained in this Annex, including, where appropriate, plans to obtain financial assistance.
2. Each Contracting Party shall be entitled to employ any technology or approach it deems appropriate to meet the obligations stipulated in Part C of this Annex.
C. Effluent limits Each Contracting Party shall ensure that domestic wastewater discharged into, or having a negative effect on, the Convention area is treated by a new or existing domestic wastewater system whose effluent meets the effluent limits set forth below in paragraphs 1, 2, and 3 of this part, in accordance with the following schedule:
1. Discharges into Class II waters Each Contracting Party shall ensure that domestic wastewater discharged into, or having a negative effect on, Class II waters is treated by a new or existing domestic wastewater system in which the effluent meets the following effluent limits, calculated as a monthly average:
| Parameter | Effluent Limit |
|---|
| Total suspended solids | 150 mg/l * |
| Biochemical oxygen demand (BOD5) | 150 mg/l |
| pH | 5-10 pH units |
| Grease and oils | 50 mg/l |
| Floating substances | Not visible |
| * Does not include algae from treatment ponds | |
2. Discharges into Class I waters Each Contracting Party shall ensure that domestic wastewater discharged into, or having a negative effect on, Class I waters is treated by a new or existing domestic wastewater system in which the effluent meets the following effluent limits, calculated as a monthly average:
| Parameter | Effluent Limit |
|---|
| Total suspended solids | 30 mg/l * |
| Biochemical oxygen demand (BOD5) | 30 mg/l |
| pH | 5-10 pH units |
| Grease and oils | 15 mg/l |
| Fecal coliforms (Parties may meet effluent limits for fecal coliforms or E. coli (fresh water), or enterococci (salt water)) | Fecal coliforms: 200 mpn/100 ml; or a) E. coli: 126 organisms/100 ml; b) enterococci: 35 organisms/100 ml |
| Floating substances | Not visible |
| * Does not include algae from treatment ponds | |
3. All discharges (a) Each Contracting Party shall take into account the impact that total nitrogen and phosphorus and their compounds may have on the degradation of the Convention area and, to the extent possible, shall adopt appropriate measures to control or reduce the total amount of nitrogen and phosphorus discharged into, or that may have a negative effect on, the Convention area.
(b) Each Party shall ensure that residual chlorine from domestic wastewater treatment systems is not discharged in concentrations or volumes toxic to marine organisms living in or migrating to the Convention area.
D. Industrial pretreatment Each Contracting Party shall endeavor, in accordance with its economic capacity, to develop and implement industrial pretreatment programs so that industrial discharges into new and existing domestic wastewater treatment systems:
(a) do not interfere with, damage, or otherwise prevent domestic wastewater collection plants and treatment systems from meeting the effluent limits established in this Annex; (b) do not endanger activities or populations near collection and treatment systems by exposing them to toxic and hazardous substances; (c) do not contaminate sludge or other reusable products resulting from wastewater treatment; and (d) do not allow the passage of toxic pollutants in quantities harmful to human health and/or aquatic life.
Each Contracting Party shall endeavor to ensure that industrial pretreatment programs include spill containment and contingency plans.
Each Contracting Party, within the scope of its capacities, shall promote the proper management of industrial waters, such as recirculation and closed-loop systems, in order to eliminate or minimize wastewater discharges to domestic wastewater systems.
E. On-site systems Each Contracting Party shall strive, in the most expeditious, economical, and technologically feasible manner, to ensure that in areas not served by wastewater collection systems, on-site systems are constructed, operated, and maintained to prevent the pollution of surface or groundwater that may have a negative effect on the Convention area.
In the case of on-site systems requiring pumping of septage, the Contracting Parties shall strive to ensure that the septage is treated by a domestic wastewater system or by appropriate land application.
F. Management, operations, and maintenance Each Contracting Party shall ensure that new and existing domestic wastewater systems are properly maintained and that system administrators develop and implement training programs for operators of wastewater collection and treatment systems. Administrators and operators shall have access to operation manuals, in addition to the technical assistance necessary for the proper functioning of said systems.
Through the competent national authorities, each Contracting Party shall provide for the evaluation of domestic wastewater systems to assess compliance with national regulations.
G. Extension period 1. Any Contracting Party may, at least two years before the effective date of an obligation concerning categories 2, 3, 4, or 5 of the schedule set out in Part C above, submit a declaration to the Organization stating that, regarding said categories, it is not in a position to achieve the effluent limits set forth in paragraphs 1 and 2 of said Part C, in accordance with said schedule, provided that said Contracting Party:
(a) has developed action plans in accordance with Part B, paragraph 1(e); (b) has achieved the effluent limits for a subset of the discharges associated with those categories, or a reduction of at least 5% of the total discharge of pollutants associated with those categories; and (c) has undertaken actions to achieve said effluent limits, but has been unable to achieve those limits due to lack of financial or other capacity.
2. With respect to a Contracting Party that has submitted a declaration pursuant to paragraph 1 above, the effective date of the obligation regarding the schedule set forth in Part C for categories 2, 3, 4, or 5 of that schedule shall be extended for a period of five years. Said five-year period shall be extended for a further additional period of five years if the Contracting Party submits a new declaration before the expiration of the first period and continues to meet the requirements stipulated in paragraph 1 above.
3. The Contracting Parties recognize that full fulfillment* of the obligations established in this Annex will require the availability and accessibility of financial resources.
* In this context, the term "cumplimiento" appearing in the Spanish text shall have the meaning of the English term "fulfilment" and not that of the English term "compliance."
Non-point sources of agricultural pollution A. Definitions For the purposes of this Annex:
1. "Non-point sources of agricultural pollution" means non-point sources of agricultural pollution from the cultivation of agricultural products and the rearing of domestic animals, excluding intensive animal rearing, which would otherwise be defined as a point source; and 2. "Best management practices" means structural or non-structural, economical, and feasible measures designed to prevent, reduce, or otherwise control the runoff of pollutants into the Convention area.
B. Plans for the prevention, reduction, and control of non-point sources of agricultural pollution Each Contracting Party shall formulate, no later than five years after the entry into force of this Annex with respect to it, plans and policies and legal mechanisms for the prevention, reduction, and control of pollution of the Convention area from non-point sources of agricultural pollution that may have negative effects on the Convention area. Such policies, plans, and legal mechanisms shall identify programs to mitigate pollution in the Convention area from non-point sources of agricultural pollution, particularly if such sources contain nutrients (nitrogen and phosphorus), pesticides, sediments, pathogens, solid waste, and any other pollutant that may have negative effects on the Convention area. The plans shall include, among others, the following elements:
1. An evaluation and assessment of non-point sources of agricultural pollution that may have negative effects on the Convention area, which may include:
(a) an estimate of discharges that may have negative effects on the Convention area; (b) an identification of environmental impacts and potential related health risks; (c) an evaluation of the existing administrative framework dedicated to the management of non-point sources of agricultural pollution; (d) an evaluation of existing best management practices and their effectiveness; and (e) the establishment of monitoring programs.
2. Education, training, and awareness programs, which may include:
(a) The establishment and implementation of programs for the agricultural sector and the general public to raise awareness of non-point sources of agricultural pollution and their impact on the marine environment, public health, and the economy; (b) The establishment and implementation of programs at all levels of education on the importance of the marine environment and the impact of pollution caused by agricultural activities; (c) The establishment and implementation of training programs for government agencies and the agricultural sector on the application of best management practices, including the development of guidance material for agricultural workers on best structural and non-structural management practices to prevent, reduce, and control marine environment pollution from non-point sources of agricultural pollution; and (d) The establishment of programs to facilitate effective technology transfer and information exchange.
3. The development and promotion of economic and non-economic incentive programs to extend the use of best management practices to prevent, reduce, and control pollution in the Convention area from non-point sources of agricultural pollution.
4. An evaluation and assessment of legislative and policy measures, including the review and adjustment of plans, policies, and legal mechanisms aimed at managing non-point sources of agricultural pollution and the formulation of a plan to introduce modifications necessary for achieving best management practices.
C. Reporting Each Contracting Party shall report on its plans for the prevention, reduction, and control of pollution of the Convention area from non-point sources of agricultural pollution in the Convention area, in accordance with Article XII of this Protocol." Effective upon its publication.
Given at the Presidency of the Republic.—San José, on the twenty-fifth day of the month of August of the year two thousand fifteen.
(Thus added the preceding paragraph by Errata and published in La Gaceta N° 226 of November 20, 2015, page 80)