Given at the Presidency of the Republic.-San José, on the twelfth day of January, two thousand sixteen.
Protocol for the Surveillance of conditions of: storage, transportation, handling, and safe use of mercury, cyanide, and hazardous substances in artisanal mining The Regulation Officer (Encargado de Regulación) of the Local Governing Health Area Directorate, who may be accompanied by representatives of MINAE (Directorate of Geology and Mines or Directorate of Environmental Management Quality) 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 Governing Health Area Directorate, 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 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 verify compliance with Occupational Health requirements, according to sanitary regulations on Operating Permits, as well as the education/training that the workers have on the risks of chemical substances to human health and the environment.
Emergency Plan Verify, if within the Emergency Plan, which must be prepared according to sanitary regulations on Operating Permits, the necessary preventive measures are incorporated to avoid and address an emergency due to leak or spill of mercury, cyanide, or other hazardous substances.
Verify if the cooperative has the equipment and preventive measures for addressing risk to persons and accidents or damage to the population.
Waste Management Program, It must be in accordance 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 Law 8904, Transitory Provision I, 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 for other gold beneficiation methods. To this end, all Sanitary Operating Permits (Permisos Sanitarios de Funcionamiento, PSF) issued by the Ministry of Health will expire on February 10, 2019, with the exception of those that have carried out 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 Regulation Officer verifies the existence, or asks the regulated party to show evidence of the following documents:
Forms to keep the control or record of the movements, transfers, entries, and exits of available mercury, cyanide, and other hazardous substances in the cooperative.
The company must have in the work area copies of the Safety Data Sheets (Fichas de Datos de Seguridad, FDS), or Material Safety Data Sheets (MSDS), and it must be verified that the workers are aware of their contents.
Copy of the purchase invoices, international if they import directly, or from a national supplier.
Only in the event that they directly import hazardous products, must they have an on-site verifiable registration of the substances, granted by the Directorate for the Regulation of Products of Sanitary Interest (Dirección de Regulación de Productos de Interés Sanitario) of the Ministry of Health.
c- Receive documentation demonstrating compliance with requirements for the transportation of mercury, cyanide, or other hazardous substances or products.
The Regulation Officer of the respective Governing Health Area Directorate, 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 rastra) is also the transporter of their own hazardous products, they must comply with the requirements for transportation of mercury or other hazardous substances or products (Decree 24715-MOPT-MEIC-S.)
If the regulated party (owner of the rastra) simultaneously transports their own waste, they 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 transportation of hazardous products or hazardous waste, the applicable items among the following must be verified during the on-site inspection:
i. Vehicle complies with labeling standards according to UN Standards and current regulations.
ii. Indication of packaging/container group (Groups I, II, and III, as applicable).
iii. Emergency data sheet for the transportation of hazardous products.
iv. Accreditation registration as a manager by the Ministry of Health.
v. Training Certificate for the transportation of hazardous products.
vi. Instruments or forms for control or documents recording the movements, transfers of mercury, cyanide, and other hazardous substances.
vii. Document indicating where the waste originates and proof that the disposal site is authorized by the Ministry of Health. (Sanitary Operating Permit and Manager Registration) d) Handling of hazardous substances at the plant Keep a logbook "Movement Report for Mercury and hazardous substances or products", clearly showing plant inputs, consumption per event, the recovered quantity per event, and the quantity of tailings/sludges (colas/lamas) generated (waste).
Verify the operational record and control of the recovery quantity of mercury, cyanide, and other hazardous substances, according to each event.
Verify the record and control of the quantity, by weight in Kg, of the amount of gold recovered from amalgamation, treatment, or washing.
- e)Storage i) Location of the hazardous substance storage area.
-As close as possible to the gold processing plant.
-It cannot be located in flood-prone sites, wetlands, swamps, and mangroves.
-It cannot be located on land exposed to landslides.
-It must be outside of lands considered state natural heritage.
-It must respect any type of alignment affecting the land.
-A distance of 100 meters from neighboring dwelling houses must be respected.
- ii)Characteristics of the storage area.
The area must be a dry site, closed but properly ventilated.
The area must be properly labeled indicating the storage of hazardous substances.
The area must be closed and with restricted access.
The floor must be impermeable and free of cracks or fissures that hinder the collection of dust or waste.
- iii)Storage of hazardous substances.
Determine if there is incompatibility of the hazardous substances to be stored.
The hazardous substances must be in airtight, properly labeled containers, resistant to impacts.
Do not store food or beverages in the same hazardous substance storage area.
The area must be kept clean.
Storage in small quantities at the plant (rastra zone) must be limited to what is required for one event (one process batch), and in airtight, properly labeled containers, resistant to impacts.
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, glasses.
Under no circumstances should the burning of amalgam in the open air in an open circuit be permitted.
The installations for LP gas handling must be in accordance with the NFPA 58 standard.
For the recovery of gold from the amalgam, a closed-circuit retort system must be used, which prevents 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 the skin, as well as the impregnation of work clothing.
Do not use containers that have contained mercury, cyanide, and other hazardous substances to store food or beverages.
Residual mercury, cyanide, and other hazardous substances must not be poured onto the ground or into water sources.
It is recommended, once a year, to carry out industrial hygiene monitoring, for vapor from mercury, cyanide, and other hazardous substances, in the work sites in order to verify compliance with Standard INTE 31-08-04-97, Maximum permissible environmental concentrations in workplaces, and to inform workers about their potential exposure level.
In the event of exceeding the TLV, engineering, personal protection, or administrative measures must be established to minimize risky exposure, measures that must be verified within 60 days, by means of a new environmental measurement.
The measurement of Biological Exposure Indices (Indicadores Biológicos de Exposición, IBE = blood or urine samples) shall be accepted as an indicator of exposure.
- v)Waste Ordinary waste must be managed in accordance with Law 8839 and its regulation.
The hazardous waste produced must comply with Regulation 37788-S-MINAE, and be managed separately from ordinary waste.
Companies must have adequate material for the neutralization and collection of spills of mercury, cyanide, and other hazardous substances.
The sludge/tailings piles must be waterproofed and covered to prevent the infiltration of rainwater and the transport by runoff or wind of the accumulated materials.
The sludge/tailings waste (residuos de lamas/colas) from beneficiation must be delivered to managers of hazardous materials, 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 content of mercury and other hazardous substances.
In the storage areas for these, and on the packaging, it must be indicated "Mercury Waste", "Cyanide Waste" and "Toxic".
In the event of exporting said waste for subsequent beneficiation, the requirements regarding the Basel Convention, established in Decree 37567-S General Regulation to the Law for Integrated Waste Management, must be met.
The wastewater from the gold beneficiation processes must comply with the provisions of the Regulation for the Discharge and Reuse of Wastewater (Decree 33601-S-MINAE).
The fumes emitted by the crucible and retort must be captured/extracted and bubbled through water or filtered through activated carbon (preferably impregnated with sulfur).