Based on the foregoing, this motion or project is hereby submitted for consideration by this Council.
- 2That the Political Constitution of Costa Rica establishes in its Article 50, the duty of the State to preserve a healthy and ecologically balanced environment, it being its obligation to guarantee, disseminate, and safeguard that right. That, pursuant to what is established in the Municipal Code, Article 4, the municipality possesses the political, administrative, and financial autonomy conferred by the Political Constitution.
3º-Pursuant to what is established in the Comprehensive Solid Waste Law (Ley Integral de Residuos Sólidos) No. 8839, in its Article 8, which states:
The municipalities shall be responsible for the comprehensive management of the waste generated in their canton; for this they must. For its part, Article 13 dictates: The different sectors of society may develop programs for the comprehensive management of a specific sector or waste of their interest, which considers the quantity and composition of the waste. These programs must contribute to compliance with the national policy, the National Plan, and the objectives of this Law. These programs shall be submitted to the Ministry of Health for their registration, follow-up, and monitoring.
- 4That the Municipality of Santo Domingo, is the subject of a recourse according to the File of the Constitutional Chamber (Sala Constitucional) No. 04 - 008123 - 007 - CO, Resolution No. 2007 - 05894, popularly known as Voto Garabito, and which establishes the necessity of carrying out actions that reduce and prevent the existing contaminant load in the Río Grande de Tárcoles Basin (Cuenca del Río Grande de Tárcoles).
- 5That the Municipality of Santo Domingo is part of the process carried out pursuant to Executive Decree No. 38071 - MINAE of institutional integration and articulation, aimed at improving management processes in the Río Grande de Tárcoles Basin.
6º-The Municipality of Santo Domingo is an active part of the process of the Institutional Environmental Management Plan (Plan de Gestión Ambiental Institucional -PGAI-) in compliance with Executive Decree No. 34499 - S - MINAET; likewise, it is part of the Ecological Blue Flag Program (Programa Bandera Azul Ecológica) in its Municipalities Category, pursuant to Executive Decree No. 36481 MINAET - S. Both processes allow the institution to develop internal and external policies for environmental improvement.
7º-The canton of Santo Domingo is geographically located within the Río Grande de Tárcoles Basin, and its Virilla, -Más, Bermúdez, and Para micro-basins. All environmental impact actions, whether positive or negative, have their direct influence at the level of the hydrographic basin.
8º-One of the main impacts on the environment is that caused by the proliferation of plastic packaging used for a single use, be they plastic bags, Styrofoam (estereofón) containers, disposable plastic plates, cups, and cutlery.
9º-As these containers are mostly intended for a single use, their final destination is a sanitary landfill in the best of cases; unfortunately, the lack of culture and education on the part of the population means that these articles are dumped in public areas, vacant lots, surface water bodies, with the aggravating factor of environmental contamination.
10.-Globally, the final disposal of containers, bags, and other plastic elements has become a problem that affects marine and terrestrial fauna and biodiversity in different countries, including ours.
11.-It is estimated that by the year 2050, there will be more plastics than fish in the sea, as only 5% of the plastic used is recycled worldwide.
12.-That single-use plastic is that which is used for very little time, but takes hundreds of years to degrade, examples of these products are plastic bags, straws, plates, cups, coffee stirrers, disposable cutlery; likewise Styrofoam (estereofón) cups, plates, and packaging.
13.-That Costa Rica, among other actions, has initiated a process to approve a National Plan to discourage and, in the near future, eliminate, the consumption of single-use plastic, in addition to the fact that there is a bill under file No. 18.349, which would prohibit the free delivery of plastic bags by businesses to their clients.
14.-That, in environmental matters, individual and institutional actions make a difference because everything contributes to the solution of global problems, which also poses the requirement for this municipal corporation to set the example of actions that people can execute to contribute to the solution of national and global challenges.
15.-The Municipality of Santo Domingo has been a pioneer in committing to protecting the environment and promoting the education of the population in the responsible management of the solid waste that is generated day by day.
16.-Some activities that are carried out in public areas and therefore authorized by the Municipal Council for their execution, be they, popular festivities, craft and agricultural fairs, civic activities, cultural and artistic presentations, in which the sale and consumption of food and beverages takes place, thereby also generating an unmeasured use of disposable utensils, and therefore a considerable amount of solid waste, mostly plastic and Styrofoam (estereofón), which must be paid for by the municipality in its transport and final treatment in the sanitary landfill, with the imminent environmental impact that these generate.
17.-At the internal municipal level, the consumption of food in single-use Styrofoam (estereofón) plastic packaging likewise occurs, for which it is required to have a policy more in line with the national principles of being a country protecting the environment, and thereby support the principles that, both in the Courts and in the various institutional Government policies, have been instilled regarding the Right to health and an ecologically balanced environment. These are a derivation of the right to life, enshrined constitutionally in Article 21. These rights are inextricably linked since any damage caused to the environment directly impacts the health of individuals and therefore their quality of life. The Chamber (Sala) has on numerous occasions extensively developed this aspect and has held:
"The Chamber's concern for ecological stability and harmony has been unyielding, because protecting nature, which is a world heritage, is also to safeguard not only the life and health of man, but also that of humanity on earth, thereby developing the content, not only of the international conventions on this matter, but also of Article 21 of our Political Constitution. This is demonstrated, directly, through the judgments handed down after the 1994 reform of Article 50 of the Constitution, and before then, through resolutions in which, as the Chamber has stated, 'the right to live in a healthy environment has been seen as an inevitable corollary of the right to health, which -in turn- derives from the principle of the inviolability of life'." From the foregoing, it follows that the right to health, both physical and mental, cannot be made effective without an environment free of contamination.
In this regard, the Costa Rican State plays a fundamental role as guarantor in the protection of a healthy environment; an obligation that derives from the Political Constitution itself and from the international instruments subscribed to by the country. Thus, the State must not only take preventive measures to prevent any type of contamination, but must also adopt any action aimed at restoring these rights. The violation of these fundamental precepts entails the possibility of harm or endangerment of interests in the short, medium, and long term.
Environmental contamination is one of the ways through which the integrity of the environment can be broken, with results that are most often imperishable and cumulative.
Therefore, each Canton is obligated to act preventively by avoiding -through oversight and direct intervention- the commission of acts that harm and damage the environment, and in the correlative and equally unavoidable prohibition of promoting its degradation. Por tanto, I move that this Municipal Council approve the following request:
Actions at the internal municipal level:
The use of disposable plastic or Styrofoam (estereofón) packaging or containers is restricted at the internal municipal level or in activities promoted by the institution itself, be they training sessions, gatherings, refreshments, or visitor attentions.
The entry into municipal facilities or annexed buildings (library, house of culture, municipal yard, old slaughterhouse) of food supplied by businesses (diners, restaurants, fast food outlets) in Styrofoam (estereofón) packaging is restricted.
Faced with this restriction, reusable plastic or glass containers are recommended as the first option; as a second option, plastic containers with recyclable potential, and for this, cleaning must be carried out by each person and disposed of in the containers designated for such purpose, without exception; as a last option, compostable cardboard containers, which will be destined as ordinary waste to a composter or sanitary landfill.
That municipal personnel be made aware of the importance of these measures and others that are considered pertinent to support the environmental management that the municipality already carries out in the canton, and likewise in the public activities that are approved and organized, those who participate be educated to carry out these environmental practices.
Actions at the external municipal level:
In all those community activities that are previously approved by the Municipal Council (be they popular festivities, craft, agricultural, cultural, civic fairs, parades, among others) in which food and/or beverages are consumed, given away, or sold, the use of Styrofoam (estereofón) packaging, cups, or plates is restricted in its totality. Only compostable cardboard packaging and plates may be used; as an alternative measure, the use of plastic utensils and packaging may be permitted, but with an adequate management that promotes their recycling. Prior basic cleaning of the same must be carried out to avoid food residue and excess grease.
In accordance with the Solid Waste Management Plans that each organization must submit to the Ministry of Health, in public activities, adequate containers must be installed, duly identified according to the type of material to be collected, and in sufficient quantity in relation to the influx of people, to allow the classification of solid waste. Subsequently, the properly classified solid waste must be sent to the cantonal collection center. The municipal administration is requested to proceed with the due publication in the Official Gazette La Gaceta, likewise, to make this agreement known through the communication media defined, so that it is known by the citizenry.
Let it be submitted for discussion and vote for this Municipal Council to declare it a definitively approved agreement, firm, with dispensation of the committee process in application of Article 45 of the Municipal Code. End of transcription.