Based on the foregoing, this motion or project is submitted to be made known to 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, its obligation being to guarantee, disseminate, and safeguard that right. That, in accordance with the provisions of the Municipal Code, Article 4, the municipality possesses the political, administrative, and financial autonomy conferred upon it by the Political Constitution.
3º-In accordance with the provisions of Law 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; to this end 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 interest to them, 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 subject to a ruling according to the File of the Constitutional Chamber No. 04 - 008123 - 007 - CO, Resolution No. 2007 - 05894, popularly known as Voto Garabito, and which establishes the need to carry out actions that reduce and prevent the existing pollutant load in the Cuenca del Río Grande de Tárcoles.
- 5That the Municipality of Santo Domingo, is part of the process carried out pursuant to Decreto Ejecutivo No. 38071 - MINAE of institutional integration and articulation, aimed at improving management processes in the Cuenca del Río Grande de Tárcoles.
6º-The Municipality of Santo Domingo is an active part of the Plan de Gestión Ambiental Institucional -PGAI- process, in compliance with Decreto Ejecutivo No. 34499 - S - MINAET; likewise, it is part of the Programa Bandera Azul Ecológica in its Municipalities Category, pursuant to Decreto Ejecutivo 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 Cuenca del Río Grande de Tárcoles, and its microcuencas Virilla, -Más, Bermúdez, and Para. All environmental impact actions, whether positive or negative, have their direct influence at the level of the river basin (cuenca hidrográfica).
8º-One of the main impacts on the environment is that caused by the proliferation of plastic packaging used for single use, whether plastic bags, styrofoam 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 results in the articles being dumped in public areas, vacant lots, surface water bodies, with the aggravating factor of environmental contamination.
10.-Worldwide, 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 our own.
text-align:left; text-indent:24.0pt;line-height:115%'>11.-It is estimated that by the year 2050 there will be more plastics than fish in the sea, given that only 5% of the plastic used is recycled worldwide.
12.-That single-use plastic is that which is used for a very short time, but takes hundreds of years to degrade, examples of these products are plastic bags, straws, plates, cups, coffee stirrers, disposable cutlery; likewise, styrofoam 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 which 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 raises the requirement of this municipal corporation to set an example of actions that people can carry out to contribute to the solution of national and global challenges.
15.-The Municipality of Santo Domingo has been a pioneer in committing to protect the environment and promote 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 realization, be they popular festivities, craft fairs, 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, which must be financed by the municipality in its transfer and final treatment in the sanitary landfill, with the imminent environmental impact that these generate.
17.-Internally at the municipal level, food consumption similarly occurs in single-use plastic styrofoam packaging, which is why it is required to have a policy more in line with the national principles of being a country in environmental protection, 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 to an ecologically balanced environment. These are a derivation of the right to life, constitutionally enshrined in Article 21. These rights are inseparably linked since any damage produced to the environment directly affects the health of individuals and therefore their quality of life. The Chamber has repeatedly developed this aspect extensively and has held:
"The Chamber's concern for ecological stability and harmony has been unwavering, for protecting nature, which is world heritage, is also safeguarding not only the life of man and his health, but also that of humanity on earth, thus developing the content, not only of the international conventions on that matter, but also Article 21 of our Political Constitution. This is demonstrated, directly, through the rulings issued after the 1994 reform of constitutional Article 50, and before that, through resolutions in which, as the Chamber has said, 'the right to live in a healthy environment has been seen as an inevitable corollary of the right to health, which -in turn- stems 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 sense, the Costa Rican State plays a fundamental role as guarantor in the protection of a healthy environment; an obligation that stems from the Political Constitution itself and from the international instruments signed by the country. Thus, the State must not only take preventive measures to prevent any type of contamination, but also must adopt any action aimed at restoring these rights. The violation of these fundamental precepts carries the possibility of harm endangering short-, medium-, and long-term interests.
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 under the obligation to act preventively by avoiding -through oversight and direct intervention- the performance of acts that endanger and harm the environment, and in the correlative and equally inescapable 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 containers or packaging or styrofoam is restricted internally at the municipal level or in activities promoted by the institution itself, be it training sessions, gatherings, refreshments, attention to visitors.
The entry into municipal facilities or annexed buildings (library, cultural center, municipal yard, former slaughterhouse) of food supplied by businesses (sodas, restaurants, fast food), in styrofoam packaging is restricted.
Given this restriction, reusable plastic or glass packaging is recommended as the first option; as a second option, plastic containers with recyclable potential and for this, each person must clean them and dispose of them in the containers designated for that purpose, without exception; as a last option, compostable cardboard containers, which will be destined as ordinary waste to a compost bin or sanitary landfill.
That municipal personnel be sensitized about the importance of these measures and others deemed 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, delivered, or sold, the use of styrofoam containers, cups, or plates is restricted in its entirety. Only compostable cardboard containers and plates may be used; as an alternative measure, the use of plastic utensils and containers may be permitted, but with adequate management that enhances their recycling. They must first undergo a basic cleaning to avoid food scraps and excess grease.
In accordance with the Solid Waste Management Plans that each organization must submit to the Ministry of Health, at 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 duly 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 that are defined, so that it is known by the citizenry.
Let it be submitted for discussion and voting to declare, by this Municipal Council, an agreement definitively approved and in force, with dispensation from the committee process in application of Article 45 of the Municipal Code. End of transcription.