"Article 3.-Definitions and abbreviations. For the purposes of this regulation, the following definitions and abbreviations are used:
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30.- Sworn Statement of Environmental Commitments (Declaración Jurada de Compromisos Ambientales, DJCA): A statement made under oath and authenticated by a notary public, for private developers and, in the case of State Institutions, that which is issued by the head of the institution, without the need for authentication, in which the developer of the activity, work, or project commits to fully and totally comply with the terms and conditions stipulated in the Environmental Management Prognosis-Plan, or those other guidelines emanating from the environmental impact assessment (evaluación de impacto ambiental, EIA) process." "Article 9 bis.-Environmental Assessment Document for telecommunications tower installation projects. The EIA document for telecommunications tower installation projects shall be processed through the D6 Environmental Registry Document, with the submission of the information that said licensing requests to be completed through the digital platform. Likewise, it must be supplemented with the following additional information signed by a competent professional duly registered in the SETENA consultant database:
1. Description of the project.
2. Anthropic Hazard Certification.
3. Geotechnical Study.
4. Rapid Archaeological Study.
5. Digital format file Shape File (*.shp), with its respective database and with the corresponding location polygon of the AP area; file in *.kml format, with the same attributes as the Shape File (project name, project type, cadastral plan number, and property number, province, canton, district, name of the developer, identity card number of the natural person or, where applicable, also the legal entity identification number, email address for receiving notifications).
6. Digital format file Shape File (*.shp), with the corresponding location point of the tower within the AP; file in *.kml format, with the same attributes as the Shape File (project name, project type, cadastral plan number, and property number, province, canton, district, name of the developer, identity card number of the natural person or, where applicable, also the legal entity identification number, email address for receiving notifications). The Shape files shall be prepared under the CRTM05 Cartographic Projection System. The digital georeferencing files must come individually for each tower.
7. Photographic record of current conditions.
8. The results of the Communication Plan to the communities, whose minimum content is as follows:
a. Objective (Must indicate what the project will consist of and what implications it has).
b. Target group (communities must indicate what the AID is and justify it).
c. Dissemination strategy or mechanism to be used in the communities located within the AID (include impacts) in order to inform about the project to be developed, which includes at least the following aspects:
i. Dissemination period.
ii. Message to be conveyed (must provide a description of the project explaining the impacts it will generate).
iii. Schedule of activities to be carried out in the communication plan.
iv. Response format to the communities regarding concerns related to the project dissemination.
v. Dissemination costs.
9. In cases where the project is located in indigenous territory, the consultation required by law must be included.
The D6 Document for Telecommunications Towers must be signed by the developer and an environmental consultant (Consultor Ambiental) duly registered in the SETENA consultant database, and authenticated by a lawyer. The document authenticated by the lawyer shall be executed with the formalities for physical documents, to subsequently be scanned and digitally signed by the professional.
SETENA shall analyze the documents submitted, and if all requirements are met, environmental viability (viabilidad ambiental) shall be granted within a period of up to 15 business days. If there are observations or clarifications, SETENA shall issue a single warning (prevención) to the developer, for whose compliance it shall grant a period of not less than ten business days. This period may be extended upon reasoned request of the developer; if the developer does not request the extension, the expediente shall be archived. The indicated warning suspends the resolution period of the Administration; once the warning is complied with, the computation of the remaining period provided for resolution shall continue.
The studies corresponding to points 3 and 4 of article 9 bis must be prepared by professionals in the field. In case it is considered that the preparation of such studies is not necessary, a certification must be submitted, issued by the professional qualified according to their training to issue an opinion in this regard, technically substantiating the reasons why their submission is not required.
In those cases where the project is intended to be carried out in an area classified as environmentally fragile in accordance with Annex 3 of Decree 31849-MINAE-S-MOPT-MAG-MEIC or in those that, based on justified technical criteria of SETENA, an Environmental Assessment by means of the D1 Environmental Impact Assessment Document will be required." "Article 21.-Requirements. The developer of an activity, work, or project, finally classified by SETENA as of "low environmental impact significance (B2)" must submit a Sworn Statement of Environmental Impact, authenticated by a notary public, for private developers and in the event that the developer is a State Institution, the Sworn Statement shall be issued by the Head of the Institution, without the need for authentication. In said document, the developer commits to comply with:
1. All environmental measures proposed by the developer in the D1 document.
2. The environmental measures explicitly indicated by SETENA in its Resolution on the D1 document.
3. Compliance with the environmental guidelines established in the Code of Good Environmental Practices and in the environmental regulations in force in the country and applicable to the activity, work, or project.
4. Provide the necessary facilities to SETENA or the environmental authorities collaborating with it, during the compliance environmental inspections that may occur at the site where the activity, work, or project is executed.
5. Inform SETENA of those substantial changes (expansions or changes in the production process) that the developer plans to carry out in the activity, work, or project that could generate an increase in the environmental impact generated." "Article 22.-Procedure before SETENA for an activity, work, or project with SIA classification less than or equal to 300. The procedure to be followed shall be as follows:
1. Submit via the digital platform the D1 document and the Sworn Statement of Environmental Commitments (DJCA) (duly executed before a notary public and, in the case of State Institutions, issued by the head of the institution, without the need for authentication), as well as proof of the payment deposit for the document analysis.
2. SETENA shall review the DJCA within a period of no more than one week.
3. If the conditions established by SETENA are met in the DJCA, within a period of one week, it shall issue and notify the administrative resolution granting the environmental license (licencia ambiental) for the activity, work, or project.
4. In the event that the conditions are not met, SETENA shall communicate within a period of 15 days to the developer the situation and shall request, by official letter and on a single occasion, that the missing information be rectified by the latter so that the developer complies with the requirement, and shall grant a reasonable period at the discretion of SETENA, which may not be less than 20 business days and may be extended if necessary.
5. For the review and notification of the information requested in the previous point, SETENA shall have a period of one week.
6. In the event that the requested information is not submitted within the established period, the expediente shall be archived." "Article 25.-Procedure before SETENA for an activity, work, or project with SIA classification greater than 300 and less than or equal to 1000. The procedure to be followed shall be as follows:
1. Submit via the digital platform the D1-P-PGA form and the Sworn Statement of Environmental Commitments (DJCA) (duly executed before a notary public and, in the case of State Institutions, issued by the head of the institution, without the need for authentication), as well as proof of the payment deposit for the document analysis.
2. SETENA, through the respective department, shall review the P-PGA and the Sworn Statement of Environmental Commitments (DJCA) within a period not exceeding 4 weeks.
3. Once the P-PGA document has been reviewed, compliance with the requirements shall be verified, and if corrections, clarifications are required, a reasonable period shall be granted for their fulfillment depending on what is required. In the event that the requested information is not submitted within the period granted and the developer does not request an extension for the respective compliance, the expediente shall be archived.
4. For the review of the requested information, SETENA shall have a period not exceeding 2 weeks.
5. If the submitted documentation complies, SETENA shall issue and notify the administrative resolution granting the environmental license for the activity, work, or project, indicating the environmental control instruments that must be complied with for the execution stage. If the information does not comply, the respective resolution of non-approval shall be issued." "Article 29.-Procedure before SETENA for an activity, work, or project with SIA classification greater than 1000. The procedure to be followed shall be as follows:
1. Submit via digital platform the EsIA, which must include the Environmental Impact Declaration of the EsIA with the received stamp of the Municipality of the canton where the activity, work, or project is located, and those other specific requirements requested in the terms of reference.
2. Attach a copy of the deposit, electronic transfer, or other payment mechanism for the document analysis.
3. SETENA, through its respective department, shall review the EsIA within a period not exceeding 10 weeks.
4. If, as a consequence of the technical review process of the EsIA, the TER established by SETENA are met, within a period of 2 weeks from the date SETENA deems them as fulfilled, it shall issue and officially notify the preparation of the Sworn Statement of Environmental Commitments (DJCA), authenticated by a notary public for private developers and, in the case that the developer is a State Institution, the Sworn Statement shall be issued by the Head of the Institution, without the need for authentication. In addition to compliance with the environmental control and monitoring requirements that SETENA establishes.
5. In accordance with the procedure established in this decree and in the EIA Manual, SETENA shall review and classify the EsIA. Based on said classification, this Secretariat may, by official written communication, reject said Study or, on a single occasion, request an Annex with the missing information, or corresponding clarification or modification, for whose compliance it shall grant the developer a reasonable period, which may not be less than 20 business days and may be extended if necessary, depending on the quantity and complexity of the required information. In both cases, SETENA shall notify the result of the review by means of a Resolution.
6. In the event that the requested information is not submitted within the established period and the developer does not request an extension for the respective compliance, the expediente shall be archived.
7. For the review of the Annex, SETENA shall have a period not exceeding 5 weeks.
8. If the submitted documentation complies with the provisions of this regulation, the official administrative resolution granting the environmental license for the activity, work, or project shall be issued and notified." "Article 45.-Resolution and granting of the Environmental License. The justified rejection of the EsIA for the activity, work, or project, or its approval, shall be communicated to the developer by SETENA, through the issuance of an administrative resolution, technically and legally reasoned. These resolutions, in accordance with article 19 of the Organic Law of the Environment No. 7554, are mandatory.
The Resolution approving the activity, work, or project, depending on the IAP category to which it belongs, shall include the following topics:
1. The environmental commitment guidelines or directives that frame the granting of the environmental license, and which shall be based on the entire EIA process, particularly the Environmental Management Plan, as well as a series of environmental control and monitoring conditions and instruments, which include the following elements:
1.1. Compliance with the CBPA.
1.2. Development and implementation of the Environmental Control and Monitoring Stage, which comprises 2 basic aspects, namely:
1.2.1. Appointment of an environmental supervisor (responsable ambiental), for the period that SETENA establishes.
1.2.2. Opening of the Digital Environmental Logbook (Bitácora Digital Ambiental), by the environmental supervisor, which SETENA shall make official for the activity, work, or project, once the respective environmental license has been granted. The Digital Environmental Logbook shall record the control and monitoring process and include periodic reports on the activities, works, or projects throughout the management process by the environmental supervisor.
2. The environmental guarantee in accordance with the provisions of the Organic Law of the Environment No. 7554, the amount of which shall be set by SETENA.
3. For Type A activities, works, or projects, where SETENA deems it necessary and so justifies, it may order the formation of a COMIMA.
4. All environmental license granting resolutions, as well as the Environmental Registries, shall include the following Fundamental Environmental Commitment Clause: "This Environmental License is granted on the understanding that the developer of the project, work, or activity shall fully and completely comply with all current technical, legal, and environmental regulations and standards in the country and to be enforced before other authorities of the Costa Rican State." Non-compliance with this clause by the developer shall not only make them liable for the corresponding sanctions but also, since it constitutes part of the fundamental basis on which the granted license is sustained, it would cause the same to be rendered void, and consequently, the archiving of the expediente, as appropriate, with the technical, administrative, and legal consequences that this entails for the activity, work, or project and, of course, for its developer.
5. Upon obtaining the Environmental License, granted by the SETENA Resolution and the respective designation of the environmental monitoring number, the developer of the activity, work, or project shall be obliged to place said number in a visible location, and for as long as their activities persist (whether in construction or operation), in accordance with the guidelines that SETENA defines in its EIA Manual.
Against the resolutions issued, the remedies provided by the General Law of Public Administration No. 6227 shall be available, which shall be processed in accordance with that Law." "Article 47.-Control of environmental management before SETENA, after the granting of environmental viability through the Digital Environmental Logbook. The control of environmental management before SETENA, regarding environmental supervision (regencia ambiental) reports, shall be submitted through the Digital Environmental Logbook (Bitácora Digital Ambiental). Activities, works, or projects that have environmental viability and the environmental guarantee duly rendered, and that require the activation of a Digital Environmental Logbook, must enable it through the Environmental Consultant who is appointed as the environmental supervisor of the activity, work, or project.
This instrument shall be public in nature and shall only contain entries by SETENA, the Environmental Supervisor, and the Municipality of interest.
The environmental management stage begins with the activation of the Digital Environmental Logbook." "Article 71.-Of environmental consultants and environmental consulting firms. Natural or legal persons, national, who are up to date with their obligations to the social security system, or foreign natural or legal persons who are duly authorized, in compliance with current regulations, to exercise their professional functions in the country, and who perform or wish to perform work as environmental consultants (consultores ambientales), for the following components:
1. Preparation of Environmental Impact Assessments and their instruments.
2. Tasks as environmental supervisors (responsables ambientales) of activities, works, or projects.
Must comply with the different requirements established by SETENA, and shall have a registration and authorization issued by it.
Environmental consultants, in accordance with current regulations, may form environmental consulting firms (empresas consultoras ambientales), for which SETENA shall maintain a registry." "Article 72.-Registration process in the registry of environmental consultants and environmental consulting firms. To register in the registry of environmental consultants and environmental consulting firms of SETENA, natural or legal persons, national or foreign, must submit the complete registration application form obtained from SETENA and possess a related professional degree that qualifies them to carry out specific technical studies, or to carry out the environmental supervisions (regencias ambientales) of AOP, and attach the following:
1. In the case of environmental consultants:
1.1. Simple copy of the identity card, residence card, or passport.
1.2. Original and copy, or a notarized certified copy, of the degree of the academic titles they hold. If obtained abroad, the degree must be recognized by the Consejo Nacional de Rectores (CONARE) and registered with the respective Professional Association, if one exists. The document must be duly authenticated by the Ministry of Foreign Affairs and Worship, after processing authentication in their country of origin.
1.3. Submit the curriculum vitae.
1.4. Original receipt or copy of the payment of the registration fee. This shall be set via executive decree each calendar year.
1.5. A valid email address enabled to receive notifications, for the registration process and for future communications related to EIA processes, and a contact telephone number so they can be located.
1.6. Certification from the respective Professional Association that they are duly authorized to exercise their professional functions. This must be issued no more than one month prior. If no Professional Association exists with which to be affiliated, they must submit a sworn statement indicating this fact. SETENA may establish agreements with professional associations to address the issue of illegal professional practice.
1.7. Be registered with the Caja Costarricense del Seguro Social and up to date with their obligations to the social security system in accordance with article 74 of the Constitutive Law of the Caja Costarricense del Seguro Social, or failing that, a statement, authenticated by a notary, indicating the reasons why they are not registered as an employer nor as an independent worker, following the format established in official communication ACP-037-2018.
In case of being a salaried employee, present the employer's order.
2. In the case of consulting firms:
2.1. Certification of legal capacity issued no more than three months prior.
2.2. Company portfolio and updated credentials, as well as the curriculum vitae of each of the professionals. All indicated professionals, according to their area of specialization, must be registered in the individual consultants' registry.
2.3. Areas of specialization in which the firm operates.
2.4. Any other probative requirement regarding the training of its personnel in EIA matters.
2.5. A valid email address enabled to receive notifications, for the registration process and for future communications related to EIA processes, exact physical address, and a contact telephone number so they can be located.
2.6. Be registered with the Caja Costarricense del Seguro Social and up to date with their obligations to the social security system in accordance with article 74 of the Constitutive Law of the Caja Costarricense del Seguro Social, or failing that, a statement, authenticated by a notary, indicating the reasons why they are not registered as an employer nor as an independent worker, following the format established in official communication ACP-037-2018." "Article 73.-Registration process. Once all the credentials and other documents and requirements of the natural or legal person seeking to register with SETENA as an environmental consultant or as an environmental consulting firm have been received, it will be analyzed whether all the documentation is in order and in compliance with the provisions of the preceding article, and it shall decide on the approval or denial of inclusion in the corresponding registry; and, in the former case, shall grant a unique registration number that shall be maintained permanently, even during periods when the consultant was not active.
If the application is incomplete or the documents provided do not meet the requirements, the applicant shall be warned (prevenido), on a single occasion, to rectify the deficiencies thereof, within a period of 10 days, or failing that, the application shall be rejected and the expediente archived." "Article 74.-Validity and renewal of the registration. The registration shall be valid for five years from the notification of the resolution by the General Secretariat of SETENA approving it, and the renewal application must be initiated within the month prior to expiration, at the request of the registered environmental consultant, after updating their status and verifying compliance with the renewal requirements. SETENA shall set the amount of the registration or renewal processing fee, which shall be established by executive decree and published in the official gazette La Gaceta.
For the renewal of the registration, the same requirements as for the initial registration indicated in article 72 must be submitted, except for the academic credentials already submitted at the time of the initial registration."