This Regulation shall enter into force 4 months after its publication in the official gazette La Gaceta.
Given at the Presidency of the Republic. San José, on the twenty-first day of December, two thousand twenty-two.
Definitions and abbreviations For the purposes of this regulation, the following definitions and abbreviations are used:
1. New agricultural activity: Any agricultural or livestock activity that has not previously conducted any activity on the property and that must comply with the environmental impact assessment (Evaluación de Impacto Ambiental) process.
2. Activities with very low potential environmental impact: Human activities that, by their nature, do not cause a negative alteration of the environment and do not represent a degradation of the environmental quality of the surroundings in general or of any of its components.
3. Environment: System constituted by the different natural elements that compose it and their interactions and interrelationships with the human being.
4. Environmentally Fragile Area (Área Ambientalmente Frágil) (AAF): Geographic space that, based on its geo-suitability conditions, land-use capacity, the ecosystems that comprise it, and its sociocultural particularity, presents a restricted carrying capacity and some technical limitations that must be considered for its use in human activities. It also includes areas for which the State, by virtue of their environmental characteristics, has issued a special legal framework for protection, reserve, safeguarding, or administration.
5. Project Area (Área de Proyecto) (AP): Geographic space in which the buildings or actions of the activity, work, or project are circumscribed, such as construction works, installations, roads, storage and disposal sites for materials, and others. The project area (AP) can be net when the space occupied by the buildings and actions is equal to the area of the farm to be used, and it is said to be total when the area of the farm to be used is larger than the space of the works or actions to be developed.
6. Area of Influence: Space and surface area upon which the direct and indirect impacts of the actions of a project, work, or activity have an effect.
7. Direct Area of Influence (Área de Influencia Directa, AID): Area upon which direct impacts from the actions of a project, work, or activity may occur.
8. Indirect Area of Influence (Área de Influencia Indirecta, AII): Area upon which indirect impacts from the actions of a project, work, or activity may occur.
9. Total Project Area (Área Total del Proyecto, APt): Geographic space in which the buildings or actions of the activity, work, or project will be located, such as crops, construction works, installations, roads, storage and disposal sites for materials, and others; it corresponds to the total area of the farm or lot to be used.
10. Environmental Logbook (Bitácora Ambiental): Digital medium formalized by the National Environmental Technical Secretariat, in which the environmental manager records the control and monitoring process of an activity, work, or project (AOP).
11. Code of Good Environmental Practices (Código de Buenas Prácticas Ambientales, CBPA): Document containing the set of environmental practices, general and specific, that every developer must comply with, regardless of the environmental category in which their activity, work, or project is situated, as a complement to the environmental regulations in force in the country. It establishes actions for prevention, correction, mitigation, and compensation that must be executed in order to promote protection and prevent damage to the environment. This document must be taken into consideration by the environmental consultant and the analyst responsible for reviewing an environmental impact assessment (Evaluación de Impacto Ambiental).
12. Joint Environmental Monitoring and Control Commission (Comisión Mixta de Monitoreo y Control Ambiental, COMIMA): Participatory entity for the environmental control and monitoring of activities, works, or projects whose assessment instrument is the Environmental Impact Study, for which SETENA, in the administrative resolution of approval, establishes its formation on a case-by-case basis. In forming the commission, at least one SETENA official, one representative of the developer, one representative of the municipality, and one representative of the community organizations of the place where the activity, work, or project will be developed shall be designated. Its members shall serve ad honorem and for the duration of the operation of said activity, work, or project.
13. Environmental Commitments (Compromisos Ambientales): Set of environmental measures to which the developer of an activity, work, or project commits, in order to prevent, correct, mitigate, minimize, or compensate the environmental impacts that the activity, work, or project may produce on the environment in general or on any of its specific components. Environmental commitments consist of an objective and the environmental tasks or actions for their fulfillment, within a given period, and must also be expressed in terms of the economic investment to be made.
14. Exogenous conditions: Refers to causes, forces, elements, conditions, among others, not originating from the activity, work, or project, that generate an unforeseen impact in the environmental impact assessment (Evaluación de Impacto Ambiental) and may warrant a change in the project.
15. Environmental Consultant: A natural or legal person registered in SETENA's registry of consultants, to provide technical advice to a developer of activities, works, or projects and who is responsible for preparing the EIAs submitted to SETENA, in accordance with the provisions of this regulation.
16. Urban quadrant (Cuadrante urbano): Urban area or territorial scope of a population center's development, where the majority of goods and services, the road structure, and its immediate area of influence are found; the urban quadrants are located within urban districts. For the purposes of applying Article 40 of the Urban Planning Law (Ley de Planificación Urbana), the urban quadrant is considered the city quadrant.
17. Environmental Damage (Daño Ambiental): A significant, unforeseen, uncontrolled, and unplanned negative environmental impact in an environmental impact assessment (Evaluación de Impacto Ambiental) process, produced directly or indirectly by an activity, work, or project, on all or any component of the environment, for which no prevention, mitigation, or compensation measure was foreseen, and which implies an alteration assessed as having a high Environmental Impact Significance (Significancia de Impacto Ambiental, SIA).
18. Sworn Declaration of Environmental Commitments (Declaración Jurada de Compromisos ambientales, DJCA): A statement made under oath, in which the developer of the activity, work, or project commits to fully and totally complying with the terms and conditions stipulated in the Environmental Management Plan, or those other guidelines arising from the environmental impact assessment (Evaluación de Impacto Ambiental) process.
19. Developer: The natural or legal person, public or private, who is legally authorized to carry out the activity, work, or project and who acts as its developer before SETENA and has a direct interest in carrying it out. It is likewise the one who will assume the environmental commitments and will be directly responsible for their compliance.
20. Cumulative Effects (Efectos Acumulativos): Accumulation of changes in the environmental system, starting from a reference baseline, both over time and space; changes that act in an interactive and additive manner.
21. D1+DJCA: Technical instrument of the environmental impact assessment (Evaluación de Impacto Ambiental) for Moderate Environmental Impact, whose final SIA score is less than or equal to 330.
22. D1+PPGA: Technical instrument of the environmental impact assessment (Evaluación de Impacto Ambiental) and is a pre-established format document that, in addition to providing a general forecast of the most relevant environmental aspects and impacts that the activity, work, or project to be developed will generate, and whose SIA is greater than 330 and less than 660.
23. D1+EsIA (EsIA): Technical instrument of the environmental impact assessment, whose purpose is to analyze the proposed activity, work, or project, regarding the environmental condition of the geographic space in which it is proposed and, on this basis, to predict, identify, and assess the significant environmental impacts that certain actions may cause on that environment, and to define the set of environmental measures that allow for their prevention, correction, mitigation, and whose final SIA score is greater than or equal to 660.
24. D1-Torres (Towers): Environmental impact assessment (Evaluación de Impacto Ambiental) form and is a pre-established format document, with specific requirements for the installation of telecommunications towers.
25. D1-C: Environmental impact assessment (Evaluación de Impacto Ambiental) form that applies to activities, works, and projects categorized as having low environmental impact and that fall within the threshold for A,O,P category C, and that are located in an environmentally fragile area.
26. D6-Urban Quadrant (Cuadrante Urbano): Environmental impact assessment (Evaluación de Impacto Ambiental) form and is a pre-established format document, with specific requirements for activities, works, or projects located in sites classified as urban quadrants.
27. D4-Forestal: Environmental impact assessment (Evaluación de Impacto Ambiental) form and is a pre-established format document, with specific requirements for assessing the environmental impacts generated by forestry activity for timber harvesting in forests within Protected Wild Areas.
28. Environmental Management Stage: Comprises the start of activities, works, or projects, materialized by the existence of an environmental guarantee, the appointment of an environmental manager for the project, and registration in the digital environmental logbook (bitácora ambiental digital). A record must be kept of any changes in environmental significance that may occur in the Project Area.
29. Environmental Impact Assessment (Evaluación de Impacto Ambiental, EIA): Scientific-technical administrative procedure that allows identifying and predicting which effects an activity, work, or project will have on the environment, quantifying and weighting them to guide decision-making.
30. Environmental guarantee (Garantía ambiental): Financial instrument deposited in favor of the State, in accordance with current legislation, to safeguard the application of environmental measures for correction, mitigation, or compensation for damages or negative environmental impacts not controlled by the activity, work, or project. Said deposit must be made in favor of SETENA in the Custody Funds account of the National Environmental Fund.
31. Environmental management of the activity, work, or project: Includes the opening of a stage for the start of activities, works, or projects, materialized by the existence of an environmental guarantee (garantía ambiental), the appointment of an environmental manager (responsable ambiental) of the project, and registration in the digital environmental logbook (bitácora ambiental digital).
32. Environmental Impact (Impacto Ambiental): Effect that an activity, work, or project, or any of its actions and components, has on the environment or its constituent elements. It can be positive or negative, direct or indirect, cumulative or not, reversible or irreversible, extensive or limited, among other characteristics. It differs from environmental damage, in the measure and moment in which the environmental impact is evaluated in an ex-ante process, such that aspects of prevention, mitigation, and compensation can be considered to reduce its scope on the environment.
33. Potential Environmental Impact (Impacto Ambiental Potencial, IAP): Latent positive or negative environmental effect that the execution of an activity, work, or project would cause on the environment. It can be pre-established, taking as a reference base the environmental impact caused by the generality of similar activities, works, or projects that are already in operation.
34. Start of Activities (Inicio de Actividades): Opening of the environmental management stage for a new activity, work, or project, understood as the rendering of the environmental guarantee (garantía ambiental), the enabling of the logbook (bitácora), and the designation of the environmental consultant (consultor ambiental).
35. Environmental Responsibility Report (Informe de Responsabilidad Ambiental, IRA): Formal documents prepared chronologically by the environmental manager (responsable ambiental) of the activity, work, or project, in which they concisely and concretely report the progress and general situations occurring in the fulfillment of the subscribed environmental commitments.
36. Review Manual (Manual de Revisión): Protocol used in SETENA for the review and analysis of the EIA process, where the content of the forms, instruments, and technical studies is verified to determine the completeness of the information. In those cases where the result of the review requires additional information, which is the competence of other institutions in a subsequent process, this must be demonstrated in the environmental monitoring stage.
37. Compensation Measures (Medidas de Compensación): These are actions that give back to society or nature for negative environmental impacts, or for non-compliance with environmental commitments.
38. Mitigation Measures (Medidas de Mitigación): These are those actions aimed at reducing significant negative environmental and social impacts caused by the execution and operation of an activity, work, or project and that must be applied to the total Project Area (Área de Proyecto) of the activity, work, or project, and depending on its magnitude, may be applicable to its direct or indirect area of influence.
39. Prevention Measures (Medidas de Prevención): These are those actions aimed at avoiding the occurrence, production, or generation of negative impacts caused by the development of an activity, work, or project and that must be applied to the total Project Area (Área de Proyecto) of the activity, work, or project and to the direct and indirect area of influence.
40. Restoration and Recovery Measures (Medidas de Restauración y Recuperación): These are those actions aimed at promoting or accelerating the recovery of natural resources, socio-cultural resources, ecosystems, and habitats altered by the undertaking of an activity, work, or project, recreating, as far as possible, the original structure and function, in accordance with the knowledge of the previous conditions.
41. Environmental Compensation Plan (Plan de Compensación Ambiental, PCA): Environmental compensation is a set of measures and actions generating environmental and social benefits, proportional to the damages, non-compliance, and environmental harm caused by the development of activities, works, or projects. Compensation may include the inclusion or strengthening of some type of ecosystem services identified as having greater relevance in the project's area of influence.
42. Environmental Management Plan (Plan de Gestión Ambiental, PGA): This is the plan characterized by making a general forecast of the most relevant environmental aspects and impacts that the activity, work, or project to be developed will generate; it includes: environmental measures, their possible costs, timelines, and responsible parties for application, aimed at preventing, mitigating, correcting, compensating, or restoring environmental impacts that would be produced.
43. Environmental Manager (Responsable ambiental): Natural or legal person, registered in the SETENA Registry, contracted by the developer, for the purpose of ensuring compliance with the environmental commitments acquired by the activity, work, or project, the CBPA, and the regulations in force during its execution stage. They have the obligation to officially inform SETENA and the environmental authority of the results of monitoring and control in accordance with the provisions of this regulation and other applicable regulations.
44. Registry of Environmental Consultants (Registro de consultores ambientales): Database of environmental consultants registered with SETENA.
45. Significance of Environmental Impact (Significancia del Impacto Ambiental, SIA): Qualitative and quantitative assessment of a given environmental impact, in the context of a process of valuation and harmonization of criteria such as the current environmental regulatory framework, the intended -planned- use for the area to be developed, its condition of environmental fragility, the potential social effect that could occur, and the relationship of the project's environmental parameters.
46. Environmental Viability (License) (Viabilidad (Licencia) Ambiental, VLA): Represents the condition of harmonization or acceptable balance, from the point of view of environmental load, between the development and execution of an activity, work, or project and its potential environmental impacts, and the environment of the geographical space where it is intended to be implemented. From an administrative and legal standpoint, it corresponds to the act in which the Environmental Impact Assessment process is approved.
47. Potential Environmental Viability (Viabilidad Ambiental Potencial, VAP): This is the provisional environmental approval granted by SETENA to those activities, works, or projects that complete the Initial Environmental Assessment (Evaluación Ambiental Inicial) and still require the submission of other EIA documents to obtain the definitive VLA.
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1. Other AOPs of very Low Impact.
The activities, works, or projects that do not require an Environmental Impact Assessment are the following.
1. Conditioning of containers for office use.
2. Expansion, remodeling, operation, and maintenance of water catchments (captaciones) and pump houses and their equipment in existing water distribution and sanitary sewer systems.
3. Timber harvesting (Aprovechamiento maderable) in forest plantations, Agroforestry Systems, individually planted trees, trees on agricultural land without forest, and trees in urban areas.
4. Grinding and changing floors.
5. Construction of security and surveillance booths.
6. Construction of carports, garages, or corridors.
7. Construction of access ramps.
8. Construction or improvement of downspouts and gutters.
9. Construction or improvement of sidewalks.
10. Construction or roofing of vehicle parking, not exceeding 1000 square meters of construction area.
11. Studies or activities necessary to obtain information for the preparation of environmental impact assessment tools or instruments.
12. Operation of industries, commercial or service premises in existing buildings, whose operation is not included in Annex 1 of this decree.
13. Mobile heliports.
14. Installation and remodeling of fences and gates.
15. Installation, operation, and maintenance of break-pressure tanks and elevated water storage tanks for human consumption and agricultural uses.
16. Installation and improvement of wiring systems (electrical, telephone, cable, or internet) within any existing building.
17. Installation and improvement of a fire protection system in a building.
18. Installation and construction of pump houses and their equipment, less than 500 m2, in existing water distribution and sanitary sewer systems.
19. Installation of hydrants.
20. Maintenance of gardens, green areas, and recreational areas for any type of building.
21. Operation of recovery centers for recoverable waste (collection centers), without including the recycling process.
22. Painting of existing buildings.
23. Projects located within free zones that have Environmental Viability (License) (Viabilidad (Licencia) Ambiental), with already built infrastructure, and where the operations of these projects are not included in Annexes 1 and 2 of this decree.
24. Tourist canopy (zipline) projects, hanging bridges, signage elements, and observation platforms that do not involve the cutting of trees in forested areas.
25. Replacement or change in the carrying capacity of electrical distribution networks.
26. Remodeling and improvements to an existing building. Expansions of existing buildings are included, provided they do not exceed 500 square meters of construction area.
27. Remodeling, repair, change of roof, ceiling, and internal divisions.
28. Remodeling or change of windows.
29. Remodeling of infrastructure for agricultural, fishing, and aquaculture activities.
30. Repair and maintenance of public works such as: bridges, culverts, walls, roads, landing strips, railway lines, and other buildings. For this purpose, the same institutions must be responsible for verifying compliance with the Code of Good Environmental Practices (Código de Buenas Prácticas Ambientales) and the corresponding laws.
31. Repair and maintenance of existing streets, access roads, and trails, without expanding the original area.
32. Repair, rehabilitation, and maintenance of the existing sanitary network, aqueduct network, and stormwater network that do not imply an increase in the project area coverage.
33. Repair or improvement of drainage pipes and other hydraulic improvement works for single-family homes, buildings, or offices.
34. Distributed generation systems for self-consumption, whose energy source uses photovoltaic technology with powers equal to or less than 500 kVA.
35. Non-essential services in Protected Wilderness Areas (Áreas Silvestres Protegidas).
36. Self-service car wash or "Lavacar".
37. Walls or containment works, such as dikes.
38. Provisional wall.
39. Patio roofing.
40. Retail LPG gas distribution outlets and LPG self-consumption tanks for existing premises.
41. Changes of fuel tank in the same location where it is installed.
42. Mobile service units (medical, food, telephony, etc.).
43. Activities carried out in a dwelling, provided that no hazardous raw materials or substances are incorporated into the production process, nor hazardous waste is generated, with a micro-enterprise category.
44. Any activity, work, or project covered by an Emergency Decree.
45. Harvesting and extraction of timber in planks or sawn from trees naturally fallen in private forests, outside a Protected Wilderness Area (Área Silvestre Protegida).
46. Cabinetmaking workshops.
47. Installation of Solar Panels on existing buildings.
48. Portable Sawmills.
49. Automotive mechanic workshops.
50. Site for piling aggregates.
51. Hospital autoclaves.
51. Hospital autoclaves.
52. Lube centers.
53. Change of agricultural activity: In the event that a change of crop within the agricultural activity is intended, provided that there is no change in the corresponding Municipality's zoning and in the case of conforming agricultural land use, the change of activity must be reported to the State Phytosanitary Service (SFE) if it is agricultural or to SENASA if it is livestock, in compliance with the provisions of current legislation, except when existing agricultural land changes its productive process to one of the crops listed as exceptions.
a. The exception group is understood to be the Frutales 1 group, subgroup A, defined in the list of activities of Annex 1 of this regulation.
b. This group must undergo the EIA process of this regulation, referring to the procedure for new agricultural activities on agroecological-use soils.
c. Any other crop change not contemplated in this list shall not be considered a change of crop for the purposes of this regulation and does not need to be evaluated by SETENA.
d. In the same sense, if the change is established between crops of group 1, this change shall also not be considered a change of crop for the purposes of this regulation, and therefore, no procedure must be carried out before SETENA. NOTE: Activities, works, or projects that did not require an Environmental Impact Assessment, and that, for reasons of convenience, require environmental viability (license) (viabilidad (licencia) ambiental), may voluntarily submit to the EIA process. This only applies to subsection d of section 53 of this annex.
54. Remodeling or improvements to existing docks that do not involve an expansion of the original area.
55. The installation and operation of telecommunications network poles.
56. Temporary water extraction for road and highway irrigation (public road work).
57. Cleaning of watercourses (cauces), such as extraction of trees, trunks, large rocks, or objects foreign to the river and deposited on the firm bed of the watercourse, which impede the free circulation of water. Cleaning that must not involve the activity of dredging the bed or walls (taludes) of the public domain watercourse.
58. Repair and maintenance of protective or retaining walls for adjoining properties.
59. Water intakes, diversions, and gauging works.
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2 In the official coordinate system (CRTM 05).
3 To receive notifications from SETENA. It is not recommended to use personal email addresses.
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1 ANNEX A: Geotechnical data on bearing capacity or foundation for the civil work 1. Scope of application.
This will be defined by the person responsible for carrying out the study.
2. Responsible parties for carrying out the geotechnical study.
Geotechnical studies must be carried out by professionals in civil engineering or construction, and a geologist with a specialty in geotechnics, duly authorized by the legislation in force in the country to carry out this type of study.
3. Evaluation of slope stability as part of the soil study.
a. The engineer responsible for the geotechnical study will define whether or not the slope stability study is carried out.
b. The method to be applied for carrying out the slope stability evaluation must be defined under the responsibility of the professional or professionals of the soil geotechnical study, in accordance with the geotechnical conditions identified in said study. The results of this evaluation will be integrated into the soil geotechnical study report.
4. Thematic content of the soil geotechnical study report. The content of the soil geotechnical study report will be as follows:
1. Cover Page 2. Professional Responsibility Document 3. Table of contents.
4. Summary of results and technical conclusions.
5. Introduction, data on the studied property, professional coordination carried out, objective of the study, and methodology applied.
6. Work carried out: boreholes - including location on the design plan of the activity, work, or project -, tests, correlation, and interaction with terrain geology data.
7. Through infiltration tests, establish the necessary disposal systems in those sites where there are no treatment plants or sanitary sewer systems. In the event of concluding the impossibility of using absorption systems due to high soil plasticity, shallow water tables (niveles freáticos), or others, indicate alternative solutions.
8. Slope Stability Study. The analyses must be carried out based on the guidelines of the Geotechnical Code of Slopes and Hillsides of Costa Rica (Código Geotécnico de Taludes y Laderas de Costa Rica).
9. Geotechnical results obtained: well and test data, water table depth, unified soil classification, at the professional's discretion.
10. Evaluation of results and geotechnical conclusions: bearing capacity and foundation capacity, settlements, seismic coefficient according to the Seismic Code of Costa Rica (Código Sísmico de Costa Rica), conclusions on foundations for the works, slope stability evaluation.
11. Discussion on the degrees of uncertainty and scope of the study, applicability of the results, pending tasks for later phases of the project, unresolved uncertainties, and general conclusion on the geotechnical conditions of the terrain by virtue of the work to be developed.
12. Bibliographic references.
13. Annexes.
5. Professional responsibility for the information provided.
The professional or professionals signing the soil geotechnical study will be directly responsible for the scientific technical information they provide therein. By virtue of this, SETENA, as the environmental authority of the Costa Rican State, will supervise that the submitted document has complied with the technical guidelines established through this protocol, and if these are met, it will accept the information presented as true and accurate, by way of a sworn statement (declaración jurada). Based on the data provided, SETENA could be making decisions regarding the Environmental Viability of the proposed activity, work, or project, so that in the event that false or erroneous information is provided, the responsible professionals will not only be responsible for this fault but also for the consequences of the decision that SETENA and the developer have incurred based on that data. Likewise, the responsible professional may technically justify the non-presentation of the study when they determine that the type of activity to be developed does not require it.
Basic hydrology data for the watercourse of the micro-watershed in which the AP is located Purpose of the hydrological study.
The hydrological study of the water collector course closest to the AP that is located within the hydrographic micro-watershed in which it is found, would fulfill at least two primary purposes: Segment A) to demonstrate that said course has the carrying capacity to accept an increase in surface flow as a consequence of the development of the proposed activity, work, or project, and Segment B) to demonstrate that said course does not represent a potential flood risk factor for the facilities that will be developed as part of the activity, work, or project.
Scope of application of the hydrological study.
The hydrological study, referring to Segment A), must be presented in all those cases where the development of infrastructure works is proposed that cause soil impermeabilization, or the introduction and management of new water flows (by irrigation or groundwater extraction), within the AP and consequently produce an increase of more than 10% of the current surface runoff that flows directly towards the closest natural receiving watercourse within the hydrological micro-watershed in which the AP is located.
Activities, works, or projects whose stormwater discharges into a ditch or a public collector of an authorized entity according to current legislation, do not have to submit Segment A) of the hydrological study before SETENA. In its place, the engineering professional of the activity, work, or project will certify, by means of a note, to this Technical Secretariat the manner in which said stormwater will be disposed of and the commitment to comply with the provisions of current legislation on this matter.
Meanwhile, Segment B) of the study will be presented for all those activities, works, or projects located within the flood valley of a watercourse and that may, therefore, be affected by an overflow of said course. The definition of whether the AP is located within the flood valley of a watercourse will be certified by the responsible engineering professional of the activity, work, or project, using as a basis three fundamental and complementary criteria: a) direct observation in the field, b) information available in the hazard maps issued by the National Commission for Disaster Prevention and Response (Comisión Nacional de Prevención y Atención de Desastres, CNE), and c) data provided by the geological study of the terrain. In the event that the AP is not in such a situation, said responsible professional will prepare and sign a note certifying the same, in substitution of the corresponding technical study. In the event that it is within the flood valley, they must proceed with carrying out the hydrological study corresponding to Segment B, which is protocolized in this section.
Responsible parties for carrying out the hydrological study.
Hydrological studies must be carried out by professionals in civil engineering or construction, and Agricultural Engineers, duly authorized by the legislation in force in the country to carry out this type of study. The professional or professionals signing the Hydrology study will be directly responsible for the scientific technical information they provide therein.
By virtue of this, SETENA, as the environmental authority of the Costa Rican State, will supervise that the submitted document has complied with the technical guidelines established through this protocol, and if these are met, it will accept the information presented as true and accurate, by way of a sworn statement (declaración jurada). Based on the data provided, SETENA could be making decisions regarding the Environmental Viability of the proposed activity, work, or project, so that in the event that false or erroneous information is provided, the responsible professionals will not only be responsible for this fault but also for the consequences of the decision that SETENA and the developer may have incurred based on that data. Likewise, the responsible professional may technically justify the non-presentation of these studies when they determine that the type of activity to be developed does not require it.
Guide for the preparation of the studies.
The professional or professionals responsible for carrying out the hydrological study must define, by virtue of the terrain conditions of the hydrographic micro-watershed under analysis and the standard scientific methodologies used for this type of study, the technical procedure to apply.
Thematic content of the hydrological study report.
The content of the hydrological study report will be as follows:
1. Cover Page.
2. Professional Responsibility Document 3. Table of contents.
4. Summary of results and technical conclusions 5. Introduction, data on the studied property, professional coordination carried out, objective of the study, and methodology applied. The professional responsible for the Hydrological calculations is responsible for choosing the method to use for the calculation of the maximum flow; they must be able to select the most appropriate method to carry out the respective study, for example: Rational Method, other methods such as Precipitation-Runoff Transformation or the Creager Coefficient Method. The study must also ensure that the existing hydraulic works are capable of assimilating the additional contribution of the calculated flow and that it does not cause saturation problems in the Hydraulic Works, nor also in the natural courses to which these runoff waters go, ensuring that it will not contribute to the undermining (socavación) of existing hydraulic works, such as bridges, culverts, etc.
6. Work carried out for Segment A, when applicable [basic hydrological aspects of the AP, calculation report, and hydraulic parameters used]; for Segment B, when applicable [hydrological aspects of the watercourse, tributary basins, maximum flows, return period used, typical section of the watercourse at the point closest to the AP, hydrological calculations]. The return period to which the study is subjected will depend on the hydraulic work or works which the project possesses or proposes in the project, and if it is something that is already installed, then estimate at the discretion of the Professional Responsible for the Study (Consultant).
7. Hydrological results obtained for Segment A, when applicable [net flow contributed and consequences for the receiving course]; for Segment B, when applicable [calculated maximum flood flow, calculation of the normal depth (tirante normal) for the course, and analysis of critical conditions].
8. Evaluation of results and hydrological conclusions, discussion on the study results regarding the proposed activity, work, or project from a hydrological point of view (Segments A and B, when applicable), recommendation on the mitigation measures that need to be implemented in the design when necessary.
9. Discussion on the degrees of uncertainty and scope of the study, applicability of the results, pending tasks for later phases of the project, unresolved uncertainties, and general conclusion on the hydrological conditions of the terrain by virtue of the work to be developed.
10. Bibliographic references.
11. Annexes.
3 ANNEX C: TECHNICAL PROTOCOL FOR GEOLOGICAL STUDY OF THE AP TERRAIN HYDROGEOLOGY ENVIRONMENTAL GEOLOGY OF THE PROPERTY.
Professional responsibility for the information provided.
The professional or professionals signing the hydrogeology study and the natural hazards chart will be directly responsible for the scientific technical information they provide therein. By virtue of this, SETENA, as the environmental authority of the Costa Rican State, will supervise that the submitted document has complied with the technical guidelines established through this protocol, and if these are met, it will accept the information presented as true and accurate, by way of a sworn statement (declaración jurada). Based on the data provided, SETENA could be making decisions regarding the Environmental Viability of the proposed activity, work, or project, so that in the event that false or erroneous information is provided, the responsible professionals will not only be responsible for this fault but also for the consequences of the decision that SETENA and the developer have incurred based on that data. Likewise, the responsible professional may technically justify the non-presentation of these studies when they determine that the type of activity to be developed does not require it.
Thematic content of the environmental hydrogeology study report of the property.
1. Cover Page.
2. Professional Responsibility Document.
3. Local geological characterization 4. Hydrogeological data of the immediate environment (Map of hydrogeological elements) 5. Conceptual model of the aquifer 6. Vulnerability analysis and contaminant transport.
7. Summary of results and technical conclusions indicating the technical viability for the project development.
8. Bibliographic references.
9. Annexes.
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The rapid archaeological report of the terrain is represented by a quickly completed form that an archaeology professional completes after having conducted an inspection of the property or AP where the activity, work, or project to be developed will be executed. Its purpose is to obtain a quick view on the presence or absence of indications of the existence of an archaeological site and to obtain professional certification on the situation of the property regarding the topic. The content of the protocol and the instruments to be used for this study are the following:
● Scope of application.
The rapid archaeological study of the AP terrain must be used when it is desired to develop: buildings, dwellings, buildings for commerce or industry, earthworks (movimientos de tierra), fills, docks, containment structures, bridges, viaducts, excavations, roads, and in general, any work that modifies or alters the soil where development is desired.
● Responsible parties for carrying out the archaeological study.
Rapid archaeological studies of the terrain must be carried out by professionals in archaeology, duly authorized by the legislation in force in the country to carry out this type of study.
● Procedure for the preparation of the rapid archaeological study.
The professional or professionals responsible for carrying out the rapid archaeological study of the terrain must comply with the technical guidelines for completing this Annex, applying as a procedure for its execution the Archaeological Inspection Form presented in accordance with the guidelines of the referred protocol and the technical guidelines for completing this annex.
● Professional responsibility for the information provided.
The professional responsible for signing the rapid archaeological inspection form shall be responsible for the information provided therein. By virtue thereof, the National Environmental Technical Secretariat (Secretaría Técnica Nacional Ambiental, SETENA), as the environmental authority of the Costa Rican State, shall verify that the submitted document has complied with the technical guidelines established by this executive decree and, if they are met, shall accept the information presented as true and accurate, by way of a sworn statement (declaración jurada). Based on the data provided, SETENA could be making decisions regarding the Environmental Viability (Viabilidad Ambiental) of the proposed activity, work, or project, so that in the event that false or erroneous information is provided, the responsible professional shall not only be liable for this fault, but also for the consequences of any decision made by SETENA and the developer based on such data. In the event that the activity, work, or project does not require earthworks (movimientos de tierra), the environmental consultant may justify the non-submission of the rapid archaeological form.
Technical Guidelines for Completing the Archaeological Inspection Form.
1. Name of the person in charge of the activity, work, or project.
Please provide the name of the individual responsible for it.
2. Name of the developer (whether a company or individual).
Legal name of the developer of the activity, work, or project to be developed.
3. Telephone.
Telephone number of the developer of the activity, work, or project.
4. Type of activity, work, or project.
Refers to the type of activity, work, or project involved. For example: residential, tourism, hydroelectric, poultry, others.
5. Name of the activity, work, or project.
The name under which the activity, work, or project was submitted to SETENA must be indicated.
6. Location of the activity, work, or project: Province, Canton, District. Record the political-administrative location of the activity, work, or project.
7. Coordinates The location of the activity, work, or project in current coordinates.
8.
) Total project area (Ha. or m2) Record the size of the land where the activity, work, or project will be developed.
9.
) Direct impact area (Ha. or m2).
The project's direct impact area refers to the land to be used for the construction of buildings, platforms, access roads, ramps, and any other area that will be modified to enable the activity, work, or project.
10. Number of registered plan(s) (plano(s) catastrado(s)).
Record the number of the registered plan that covers the entire project area.
11. Have earthworks (movimientos de tierra) been carried out.
It must be indicated whether surface earthworks have occurred and what percentage of the project area they cover. Indicate whether the earthworks are old or recent.
12. Magnitude of the earthworks (movimientos de tierra).
Implies that deep cuts have been made in the ground; therefore, the volume of earth removed will be estimated.
13. Existing current infrastructure in the AP: If works are located in the project.
14. Current use of the AP.
Whether the project area is being used and for what type of activity, work, or project.
15. Information on the inspection: Whether it is a first inspection.
16. Inspection methodology.
Check the corresponding box on the form.
17. Explain the ground survey pattern.
The selection of the alternative and the percentage of ground covered in the inspection must be explained.
18. Surface observation by cover density.
How much ground could actually be covered despite the vegetative cover of the AP.
19. Existence of cultural materials or features.
The presence/absence of one or several cultural features must be indicated, the latter being understood as any material evidence of pre-Hispanic activity.
20. Type of material: Ceramics, Lithics, Other.
Pre-Hispanic ceramics refer to any fragment or complete piece made from fired or dried clay. Lithics are tools, instruments, or waste products, complete or fragmented, made from different types of rock.
21. Type of feature.
There are many types of cultural features. Some of them are:
- Tomb: a funerary pit made directly in the earth or using different types of stone to build the structure within which the funerary bundle was placed.
- Causeway (Calzada): a stone-paved path.
- Mound (Montículo): an artificial accumulation of earth and stones, generally with an external wall made from river cobbles serving as a retaining wall. This can be circular, rectangular, or a combination of these two basic shapes. Its use could have been ritual, residential, or funerary, and even a combination of these.
- Foundation (Basamento): The foundation appears as a line or row of cobbles arranged in a circular or rectangular shape, at ground level, i.e., it is not a platform. Its use has been indicated as possibly residential or domestic (kitchen).
22. Cultural material is observed on adjoining properties.
Only the presence/absence of archaeological materials must be indicated.
23. Explain the type of evidence observed.
It is only necessary to indicate whether remains of archaeological materials or features were visible to the naked eye on the neighboring property.
24.
.
Material density per m2 Material density refers to the quantity of archaeological materials (ceramic or lithic) observable to the naked eye on the surface of the ground.
25. An archaeological site was registered.
It must be specified whether an archaeological site not previously reported was located as a result of the inspection. Furthermore, the site registration form, properly completed, must be attached to this report.
26. Site name(s) and code(s).
The site name is what it will be called from now on. The rule for naming a site is to derive it from the surrounding geography, flora, or fauna; proper names or denominations completely unrelated to the country's archaeological context are not recommended. The site code must be requested from the Department of Anthropology of the National Museum (Museo Nacional). The code corresponds to the consecutive number maintained in the Site Registry (Registro de Sitios), which is composed of this number plus the abbreviated site name.
27. Approximate extent of the archaeological site in m2.
A key piece of information for each registered archaeological site is its area, in terms of the distribution of material on the surface.
28. Map or sketch.
This item indicates the type of graphic record made of the archaeological site during the inspection.
29. Observations.
If necessary, the documents attached to expand upon the information provided in the form must be indicated.
30. Name and identification number of the inspector.
Write the full name and the identification (cédula de identidad) or identification document number of the person performing the inspection.
31. SETENA environmental consultant number.
Write the environmental consultant registration number granted by SETENA and the year.
32. Name and identification number of the developer or its representative.
Record the full name with surnames and the identification number (cédula de identidad) of the owner (developer) of the activity, work, or project for which this type of study is requested. Individuals who do not hold Costa Rican citizenship may use their passport number, residency permit, or any other official document valid in Costa Rica. When this is the case, the type of identification used must be specified.
In cases where the developer is a legal entity, the business or corporate name, the legal identification number (cédula jurídica), and full name must be indicated.
5. ANNEX E. PROTOCOL FOR CONDUCTING THE RAPID BIOLOGICAL STUDY.
In the event that the AP where the activities, works, or projects are located is partially or totally within an Environmentally Fragile Area (Área Ambientalmente Frágil, AAF), in accordance with the provisions of this Environmental Assessment, Control, and Monitoring Regulation, and which is relevant from a biological standpoint, in the case of mangroves and other types of wetlands protected by legislation; a rapid biological study must be submitted, based on the Protocol detailed in this section, which determines the main biotopes present in the AP and how the activity, work, or project could affect them during its development. Said study must be carried out to the extent that the activity, work, or project will cause a direct impact on sensitive biotopes, according to the criteria of a biology professional. In the event that the AP is not located in an environmentally fragile area, it will suffice to attach a certification from the environmental consultant, stating that sensitive biotopes will not be affected.
PROTOCOL FOR CONDUCTING THE RAPID BIOLOGICAL STUDY 1. Name of Consultant 2. Consultant Number before SETENA 3. Membership or identification number in the professional association of biologists 4. GENERAL INFORMATION OF THE PROJECT Project Name:
Developer Name: (optional) Geographic Location: (optional) District:
Canton: Province:
CRMT05 Coordinates Map Sheet:
General project description: (optional): Total project area:
Construction coverage area (optional): Altitude:
5. Life Zones present (according to the Holdridge classification) in the AP 6. General description of the ecosystems or plant associations present in the AP (Forest Old secondary growth, Young secondary growth, scrubland (charral), pasture with scattered trees, pastures without trees, cultivation, abandoned cultivation in recovery (advanced, young), etc.)
| PROTOCOL FOR CONDUCTING THE RAPID BIOLOGICAL STUDY | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | 7. Are there flora or/and fauna species under some level or category of protection in the project's AP? Explain 8. General characterization of the existing vegetation cover in the specific areas to be intervened when implementing the project 9. If the project requires cutting down trees (refers to trees that are not part of a plantation, or that were not planted by the developer or property owner, and have a diameter at breast height (DAP) greater than 15 cm), specify the approximate quantity. 10. Is there any ecosystem that can be classified as fragile in the AP? If so, describe it in detail. 11. In your professional judgment, is it necessary or advisable to carry out a more in-depth biological study in the AP and/or AID? Specify and justify your answer. 12. Based on the general observations you obtained from the project area, could it be ensured that the project development will not affect (directly or indirectly) any natural ecosystem of interest? Specify and justify your answer. 13. If you considered (question 12) that it is not necessary to carry out a more in-depth biological study, describe in a general way the dominant flora and fauna species according to the following tables. a. FAUNA List of fauna (birds, mammals, reptiles, and amphibians) present in the AP It must be prepared in a table that includes the following data | | | | | | | | | | Family | Scientific Name | Common Name | Abundance1 | Type of Observation2 | Specific Location3 | | | Sp 1 | | | | | | | | | Sp2 | | | | | | | | C. AQUATIC FAUNA ● It must be carried out for all those projects when the project's components or any component directly intervenes in any type of surface water body (Rivers, Streams, Lakes, Lagoons, etc.).
● Any group of organisms that are indicators of the general state of the surface water body may be chosen, provided their use is duly validated by a recognized scientific institution. For example: Benthic Macroinvertebrates, Shrimp, fish, diatoms, among others.
PROTOCOL FOR CONDUCTING THE RAPID BIOLOGICAL STUDY ● The sampling must be quantitative; explain the methodology used. The interpretation of the surface water body according to the methodology and group of organisms chosen must be noted.
● Based on the studies carried out in the field, the results obtained must be interpreted and conclusions drawn on whether or not the ecosystem will be affected if the project is carried out. Likewise, you must justify your conclusions and make any recommendations you deem appropriate.
16. Signature of the Consultant.
17. Identification number (Número de cédula).
18. Notes It is worth remembering that this document has the value of a Sworn Statement (Declaración Jurada) and that any inaccuracy or omission will entail the responsibilities contemplated in our legislation. By virtue thereof, the National Environmental Technical Secretariat (SETENA), as the environmental authority of the Costa Rican State, shall verify that the submitted document has complied with the technical guidelines established by this protocol and, if they are met, shall accept the information presented as true and accurate, by way of a sworn statement (declaración jurada).
If in question 12 above, you recommended carrying out a more in-depth biological study to analyze, with greater judgment, whether or not the project will affect an ecosystem, you may proceed to carry out a more exhaustive study and submit it to SETENA along with the file, or wait for SETENA to set the corresponding terms of reference.
Article index card
In addition to the following aspects of this Instrument, the information contained in Annex 3 must be provided.
2 GUIDE FOR ENVIRONMENTAL INDICATORS Definition: Environmental Indicators are parameters that have the function of evaluating the current state of an environmental system (such as climate, a landscape, or an ecosystem), which, in turn, are difficult to measure or evaluate. They help track progress in achieving environmental objectives (for example, sustainable development objectives; their use facilitates monitoring and decision-making) 1.
1 1 Environmental Indicators. Technical Report prepared by the United Nations Environment Programme - Regional Office for Latin America and the Caribbean. (UNEP/LAC-IGWG.XIV/Inf.11 of October 9, 2003).
The indicators must be measurable, verifiable, quantifiable, and/or qualitative and must contain a basic description.
For the Environmental Assessment that SETENA will oversee, the focus will be on reviewing compliance indicators, which have been classified into three types:
1. Type 1: These are indicators that have available quantitative information and data, generated by constant monitoring. They correspond to specific regulations.
2 Type II: These are indicators that contain complete or partial quantitative data information, generated by constant monitoring, but additional or broader data or information is needed, as well as further analysis and management of it, before being able to present a trend or status.
3 Type III: These are conceptual indicators for when there is insufficient available data; these may be descriptive, qualitative, and/or predictive.
Notes:
a. For Type III indicators, the Environmental Measures Table (Cuadro Medidas Ambientales) must be updated during the environmental monitoring stage, when more detailed information is available at the design and EIA level to generate Type I indicators.
b. It must be ensured that, at the time of submitting the Regent Reports (Informes de Regencia), all Type III indicators are presented in terms of Type I indicators.
c. Record and correction in the logbook (Environmental Measures Table).
The presentation of the Environmental Measures Table must be submitted with the following specifications:
-It must be drafted concisely, without exceeding the content in prose. If necessary, you may elaborate on the measure and/or the indicator you deem appropriate (however, the content of said section will not be grounds for rejection; only the content will be verified).
3. INSTRUCTIONS FOR THE VALUATION OF ENVIRONMENTAL IMPACTS 1. Application framework 1.1 The set of methodological steps to be applied for valuing environmental impacts is presented. The basic purpose is for Assessments to be developed using this methodology as a common denominator.
1.2 The environmental consulting team that will prepare an environmental assessment instrument, in which the valuation of environmental impacts is requested, must, at a minimum, apply the methodology presented here, without prejudice to using another valuation methodology as a complement to this one, duly justified and explained in detail.
1.3 Although the environmental valuation established in the Environmental Impact Importance analysis has positive aspects, apart from standardizing environmental impact valuation in our country, it leads the consulting group to carry out an integral valuation of the impacts, to reconsider the situation in the event that significant impacts are determined, and to seek solutions.
The establishment of an adequate MllA by the consulting group allows for a clear summary of the project's effects and their significance. It clarifies the consultant's opinion on the impact to be produced, and allows SETENA to review, analyze, and evaluate the process more quickly.
2. The Environmental Impact Importance Matrix (MllA) 2.1 Once the actions and the environmental factors/aspects that will presumably be impacted by them have been identified, the Importance matrix allows for obtaining a qualitative valuation for a PPGA or other environmental assessment instruments.
2.2 Once the possible impacts have been identified, a prediction and valuation of them is necessary. The PPGA is a fundamentally analytical mechanism of prospective research on what may happen, so the clarification of all the aspects that define it, including the impacts (interrelation between the project action and the environmental factor/aspect), is absolutely necessary.
Qualitative valuation will be carried out based on the impacts matrix. Each crossover cell in the matrix, or type element, will give us an idea of the effect of each impacting action on each impacted environmental factor and aspect.
3. Type element of the importance matrix 3.1 The elements of the importance matrix identify the environmental impact generated by a simple action of an activity (Ai) on a considered environmental factor (Fj).
3.2 At this valuation stage, the impact is measured based on the degree of qualitative manifestation of the effect, which is reflected in what we define as the importance of the impact.
3.3 The importance of the impact is, therefore, the ratio through which the environmental impact is qualitatively measured, based on both the degree of incidence or intensity of the alteration produced, and the characterization of the effect, which in turn responds to a series of qualitative attributes, such as extension, type of effect, time of manifestation, persistence, reversibility, recoverability, synergy, accumulation, and periodicity (Table No. 1).
3.4 The type elements, or crossover cells of the matrix, will be occupied by the valuation corresponding to eleven symbols, following the spatial order set out in Table No. 2 and No. 3, to which one more is added that synthesizes in a figure the importance of the impact based on the eleven previous symbols. Of these eleven symbols, the first corresponds to the sign or nature of the effect, the second represents the degree of incidence or intensity thereof, and the following nine reflect the attributes that characterize said effect.
Table No. 1: Relationships that characterize the environmental impact Table No. 2: Spatial arrangement of the twelve symbols of a type element
3.5 It should be noted that the importance of the impact cannot be confused with the importance of the affected factor, which must be determined in the Environmental Impact Assessment Instrument through a multidisciplinary analysis of the environment, its characteristics, and potential impacts.
3.6 The meaning of the mentioned symbols that make up the type element of the qualitative valuation matrix or importance matrix is described below.
4. Sign 4.1 The sign of the effect, and therefore of the impact, refers to the beneficial (+) or harmful (-) nature of the different actions that act upon the different factors considered.
4.2 There is the possibility of including, in some specific, duly justified and argued cases, a third character ("), which would reflect effects associated with circumstances external to the activity, so that only through a comprehensive study of all of them would it be possible to know their harmful or beneficial nature.
4.3 When evaluating an activity, work, or project, the harmful impacts are studied, i.e., those presenting a sign (-). If these exceed the pre-established standards, particularly based on the regulatory framework, the introduction of corrective measures that give rise to beneficial impacts (+) must be contemplated, which reduce or nullify the effects of those.
5. Intensity (IN) 5.1 This term refers to the degree of incidence of the action on the factor in the specific area where it acts. The valuation scale will be comprised between 1 and 12, where 12 will express a total destruction of the factor in the area where the effect occurs (total AP), and 1 a minimal impact. The values between these two terms will reflect intermediate situations, which must be duly justified and argued.
5.2 It must be considered that this valuation is made based on the percentage of the project area (AP and/or its areas of influence, where applicable) that is being directly affected.
6. Extension (EX) 6.1 Refers to the area of technical influence of the impact in relation to the activity's environment (percentage of area, relative to the environment, in which the effect is manifested). In Costa Rica, the Direct Area of Influence (Área de Influencia Directa, AID) Biophysical and Social will be used as a reference for quantification.
6.2 If the action produces a very localized effect, the impact will be considered to have a Punctual character (1). If, on the contrary, the effect does not admit a precise location within the activity's environment, having a generalized influence throughout it, the impact will be Total (8), considering intermediate situations, according to their gradation, as Partial Impact (2) and Extensive (4).
6.3 If the effect occurs in a critical location (discharge close to and upstream of a water intake, landscape degradation in a highly visited area or near an urban center, etc.), it will be assigned a value of 4 units above what it would correspond to based on the percentage of extension in which it manifests. If, in addition to being critical, the effect is dangerous and there is no possibility of introducing corrective measures, another alternative to the operation or process of the activity causing the effect must be sought immediately, eliminating the cause that produces it.
7. Moment (MO) 7.1 The time of manifestation of the impact refers to the time elapsed between the appearance of the action (to) and the start of the effect (tj) on the environmental factor/aspect considered.
7.2 When the time elapsed is zero, the moment will be Immediate, and if it is less than one year, Short-term, assigning in both cases a value of (4). If it is a period ranging from 1 to 5 years, Medium-term (2), and if the effect takes more than 5 years to manifest, Long-term, with an assigned value of (1).
7.3 If any circumstance makes the moment of the impact critical, it should be assigned a value four units above those specified (noise at night near a hospital center -Immediate-, foreseeable appearance of a plague or harmful effect on a farm just before harvesting -Medium-term-).
8. Persistence (PE) 8.1 Refers to the time the effect would persist from its appearance and after which the affected factor would return to the initial conditions prior to the action by natural means, or through the introduction of corrective measures.
8.2 If the permanence of the effect lasts less than one year, we consider the action produces a fleeting effect, assigning it a value of (1). If it lasts between 1 and 5 years, Temporary (2); and if the effect lasts more than 5 years, we consider the effect Permanent, assigning it a value of (4).
8.3 Persistence is independent of reversibility.
8.4 A permanent effect (permanent contamination of river water due to industrial discharges) can be reversible (the river water recovers its environmental quality). The effect of felling specimen trees is a permanent, irreversible effect, since the environmental quality is not recovered after felling. On the contrary, an irreversible effect (loss of landscape quality due to the destruction of a garden during the infrastructure construction phase) may present temporary persistence (return to initial conditions through the establishment of a new garden once the works are finished).
8.5 Fleeting and temporary effects are almost always reversible or recoverable.
9. Reversibility (RV) 9.1 Refers to the possibility of reconstruction of the affected factor as a consequence of the action undertaken, i.e., the possibility of returning to the initial conditions prior to the action, by natural means, once the action ceases to act upon the environment.
9.2 If it is short-term, meaning less than one year, it is assigned a value of (1); if it is medium-term, meaning a period ranging from 1 to 5 years, (2); and if the effect is irreversible, or lasts more than 5 years, we assign it the value (4). The time intervals comprising these periods are identical to those assigned in the previous parameter.
10. Recoverability (MC) 10.1 Refers to the possibility of reconstruction, total or partial, of the affected factor as a consequence of the activity undertaken, i.e., the possibilities of returning to the initial conditions prior to the action, through human intervention (introduction of corrective measures).
10.2 If the effect is totally recoverable and if it is so immediately, it is assigned a value of 1, or a value of 2 if it is in the medium term; if recovery is partial and the effect is mitigable, it takes a value of 4; when the effect is irrecoverable (alteration impossible to repair, both by natural action and by human action), we assign it the value of 8. In the case of it being irrecoverable, but the possibility of introducing compensatory measures exists, the value will be 4.
11. Synergy (SI) 11.1 This attribute contemplates the reinforcement of two or more simple effects.
11.2 The total component of the manifestation of simple effects, caused by actions acting simultaneously, is greater than what would be expected from the manifestation of effects when the actions causing them act independently and not simultaneously. (The lethal dose of product A is OLA and that of product B is DLB. Applied simultaneously, the lethal dose of both products DLAB is greater than OLA + DLB).
11.3 When an action acting on a factor is not synergistic with other actions acting on the same factor, the attribute takes the value of 1; if it presents moderate synergism, it takes the value of 2; and if it is highly synergistic, it should be assigned a value of 4.
11.4 When cases of weakening occur, the valuation of the effect will present negative sign values, ultimately reducing the Importance of the Impact value.
12. Accumulation (Ac) 12.1 This attribute gives the idea of the progressive increase in the manifestation of the effect when the action generating it persists continuously or repeatedly. (The repeated ingestion of DDT, by not being eliminated from tissues, leads to a progressive increase in its presence and its consequences, eventually causing death).
12.2 When an action does not produce cumulative effects (simple accumulation), the effect is valued as (1). If the effect produced is cumulative, the value increases to (4).
13. Effect (EF) 13.1 This attribute refers to the cause-effect relationship in terms of its directionality, i.e., the form of manifestation of the effect on a factor as a consequence of an action. An impact can be direct and indirect at the same time, although on different factors, given that the scale is exclusive, and the fact that it can be direct and indirect is not valued; the valuation must be exclusive.
13.2 The effect can be direct or primary, in which case the repercussion of the action is a direct consequence thereof, and is assigned a value of 4. (The emission of CO impacts the ambient air).
If an indirect or secondary effect occurs, meaning it takes place from a primary effect, and there is no direct effect associated with that same action, the impact is assigned a value of 1. Its manifestation is not a direct consequence of the action but rather takes place from a primary effect, the latter acting as a second-order action. (The emission of fluorocarbons directly impacts the ambient air quality and indirectly or secondarily impacts the thickness of the ozone layer).
14. Periodicity (PR) 14.1 Periodicity refers to the regularity with which the effect manifests, whether cyclically or recurrently (periodic effect), sporadically over time (irregular effect), or constantly over time.
14.2 Continuous effects are assigned a value of 4, periodic effects a value of 2, and irregularly occurring effects, which must be evaluated in terms of probability of occurrence, as well as discontinuous effects, a value of 1.
14.3 An example of a continuous effect is the occupation of a space resulting from a construction. The increase in forest fires during the dry season is a periodic effect, intermittent and continuous over time. The increased risk of fires resulting from improved accessibility to a forested area is an irregularly occurring, non-periodic, non-continuous effect, but of exceptional severity.
15. Importance of the impact (I).
15.1 It has already been noted that the importance of the impact, that is, the importance of the effect of an action on an environmental factor/aspect, should not be confused with the importance of the affected environmental factor.
15.2 The importance of the impact is represented by a number deduced through the model proposed in Table No. 3, based on the value assigned to the considered symbols.
15.3 The importance of the impact takes values between 13 and 100.
15.4 It presents intermediate values (between 40 and 60) when any of the following circumstances occur:
- Total intensity, and minimal effect of the remaining symbols. - Very high or high intensity, and high or very high effect of the remaining symbols. - High intensity, irrecoverable effect, and very high effect of some of the remaining symbols. - Medium or low intensity, irrecoverable effect, and very high effect of at least two of the remaining symbols.
15.5 Impacts with importance values below 25 are irrelevant, that is, compatible, or the environmental measures were already contemplated in the project design. Moderate impacts have an importance between 25 and 50. They will be severe when the importance is between 50 and 75, and critical when the value exceeds 75.
16. Red Flags 16.1 In those crossing boxes corresponding to the most important impacts, or those that occur in critical places or times and are impossible to correct, which will yield the highest scores in the importance box, so-called Alerts or Red Flags will be superimposed to draw attention to the effect and to seek alternatives in the production processes of the activity, work, or project that eliminate the cause or replace it with another of less harmful effects.
16.2 New alternatives to certain aspects of the activity (change of access routes, change of location of a construction, etc.) that lead to the disappearance of impacting actions should not be confused with the introduction of corrective measures that act directly on the causative agent, nullifying or mitigating its effects or giving rise to a new action that impacts positively or nullifies or mitigates the effects of another impacting action (continuing with the previous example, the access routes persist but are surrounded by vegetation and trees; the construction remains in its original location, but certain facilities are soundproofed to avoid noise pollution).
17. We define corrective measures as the introduction, incorporation, or modification of processes and actions on the activity or on the environment for the purpose of:
- a)Exploiting to a greater extent the opportunities offered by the environment for the better environmental achievement of the activity. b) Nullifying, attenuating, avoiding, correcting, or compensating for the negative effects that the actions derived from the activity produce on the environment in their surroundings. c) Increasing, improving, and enhancing any positive effects that may exist.
17.2 According to the character with which they act, we distinguish between:
- a)Protective measures, which prevent the appearance of the effect by modifying the defining elements of the activity (technology, design, relocation, size, raw materials, etc.). b) Corrective measures for recoverable impacts, aimed at nullifying, attenuating, correcting, or modifying the actions and effects on: 1. Production processes (technical, etc.) 2. Operating conditions (filters, soundproofing, safety standards, etc.) 3. Environmental factors as a transmitting agent (promoting atmospheric dispersion, dilution, etc.) 4. Environmental factors as a receiving agent (increasing flow, aerating waters, etc.) 5. Other parameters (modification of the effect towards another of lesser magnitude or importance) c) Compensatory measures for irrecoverable or unavoidable impacts, which do not prevent the appearance of the effect, nor nullify or attenuate it, but counterbalance in some way the alteration of the factor (payment for pollution, creation of green areas), subject to approval by the corresponding authority.
17.3 According to the severity and type of impact, corrective measures are considered:
- a)Possible, provided they tend towards the correction of recoverable impacts. b) Obligatory, which correct recoverable, environmentally inadmissible impacts, until reaching adopted or legally established standards. c) Advisable, to attenuate recoverable, environmentally admissible impacts. d) Impossible, when dealing with irrecoverable, environmentally inadmissible impacts, or when they do not directly pertain to the mitigation of the effect.
17.4 Considering the portion of the environment in which they act, it is considered that they can be introduced:
- a)Only in the area where the activity is developed or the action takes place (soundproofing of an engine room). b) In a more or less significant scope of the environment, extending beyond the area where the activity is developed (waterproofing of a landfill to prevent water contamination in a spring that supplies a bottling activity).
17.5 According to the number of altered factors to be corrected, we differentiate between:
- a)Monovalent, which avoid or attenuate the effect of one or more actions on a single factor. b) Polyvalent, which act on effects that alter the environmental quality of two or more factors (erosion control measures act simultaneously on revegetation, landscape, and runoff destination).
17.6 Measures to be introduced into the organization's environmental management system, the audit plan, and especially in the development of the activity will be studied in depth, grouping them into:
- a)Measures aimed at improving the design. b) Measures to improve operation during the operational phase. c) Measures aimed at improving the carrying capacity of the Environment. d) Measures aimed at the recovery of unavoidable impacts. e) Compensatory measures for factors affected by unavoidable and uncorrectable effects. f) Measures planned for the moment of abandonment of the activity at the end of its useful life. g) Measures for environmental control and monitoring during the operation and abandonment phases.
18 Refined importance matrix 18.1 The importance matrix (Fig. 2) is obtained from the impact matrix (Fig. 1), quantifying each of its crossing boxes based on the algorithm set out in section No. 15.2 and in Table No. 3.
18.2 Once the importance matrix is obtained, effects of a diverse nature may appear in terms of their relevance and quantification potential, which advise individualized treatment apart from that matrix.
18.3 The main blocks are distinguished as:
- a)Crossing boxes that present effects with low-relevance values (compatible impacts) and which, in specific environmental impact assessments (EIA), it is of interest not to take into account. These negligible effects are excluded from the calculation process and are ignored in the overall assessment. The instrumentation in the model consists of the introduction of a sieve, which is nothing but an importance value below which effects are not considered. Once sieved, the matrix presents only the effects that exceed a minimum importance threshold.
- b)Crossing boxes that present extremely important and determining effects, greatly exceeding the established standards. These effects, in the event that they cannot be attenuated or minimized through the incorporation of pertinent corrective measures, are excluded from the calculation process, since, based on their relevance, entity, and significance, their homogeneous treatment with the other effects in parallel to the model, intervening decisively in decision-making.
- c)Crossing boxes that present qualitative effects corresponding to factors of an intangible nature and for which a reasonably representative indicator is not available. These effects remain included as normal in the importance matrix and are evaluated qualitatively, although when proceeding to quantitative valuation they are excluded from the calculation process, but are considered in parallel to the model, and as a component thereof in the evaluation process, obviously intervening in decision-making.
- d)Crossing boxes that present normal effects, taking as such those not included in the previous blocks. These effects are those that remain included in the calculation process established in the valuative model, both qualitative and quantitative.
18.4 The set of crossing boxes that present normal effects compose the importance matrix properly speaking, also called the calculation matrix or refined importance matrix.
19. Qualitative Valuation 19.1 Having established in the previous sections the method required to carry out the qualitative valuation of impacts on each type element, the qualitative valuation is now established for each of the actions that have been the cause of impact and, in turn, for the environmental factors/aspects that have been objects of impact.
19.2 The algebraic sum of the importance of the impact of each type element by columns will identify the most aggressive actions (high negative values), the less aggressive ones (low negative values), and the beneficial ones (positive values), being able to analyze them according to their effects on the different subsystems.
19.3 Likewise, the sum of the importance of the impact of each type element by rows will indicate the environmental factors that suffer to a greater or lesser extent the consequences of the realization of the project, work, or activity (column n+1 of Figures 1 and 2).
19.4 By adding these, and in the corresponding rows, the total effects caused on the different components and subsystems present in the impact matrix will be indicated. As already stated, the final impact is the difference between the situation of the environment modified due to the project, work, or activity and the situation as it would have evolved without its presence.
19.5 The impacts caused by the project, work, or activity will be studied for the construction period, for the operational phase, and the closure or demolition phase when circumstances so require.
19.6 In the final operational situation, the difference between the environmental situation with and without the project, work, or activity is due not only to the effect of impacting actions in the operational phase itself but also to the effect of some irreversible action or continued effect studied in the construction phase (for example, tree felling and the construction of road accesses take place in the construction phase but contribute to the deterioration of the Environment in the final situation). This type of action is reflected with the sign in the type element, and its total importance will be set out in Column No. 2 of Figure 2.
19.7 In column n+3 of Figure 2, the final effects on environmental factors are listed and obtained as the sum of the importance of the impact in the operational phase (column n+1 of Fig. 2) and the importance of the impact of actions whose effect is irreversible or permanent in the long term or throughout the life of the project (column n+2 of Fig. 2), even if they take place during the construction phase.
19.8 Based on this type of qualitative evaluation, a section must be prepared in which those actions considered most aggressive, the alternatives to project work units, and the proposed corrective measures will be the object of special attention.
(See Figure 1 and 2 in printed Gazette No. 85 of May 4, 2006) 4. ANNEX B: Geotechnical data on bearing capacity or foundation for civil works 1. Scope of application. It will be defined by the person responsible for carrying out the study.
2. Responsible parties for carrying out the geotechnical study. Geotechnical studies must be carried out by professionals in civil engineering or construction, and a geologist specializing in geotechnics, duly authorized by the legislation in force in the country to carry out this type of study.
3. Evaluation of slope stability as part of the soil study. a. The engineer responsible for the geotechnical study will define whether or not to carry out the slope stability study. b. The method to be applied for carrying out the slope stability evaluation must be defined under the responsibility of the professional or professionals of the soil geotechnical study, in accordance with the geotechnical conditions identified in said study. The results of this evaluation will be integrated into the soil geotechnical study report.
4. Thematic content of the soil geotechnical study report. The content of the soil geotechnical study report will be as follows: 1. Cover Page 2. Professional Responsibility Document 3. Table of Contents 4. Summary of results and technical conclusions 5. Introduction: data on the studied property, professional coordination carried out, objective of the study, and applied methodology. 6. Work carried out: boreholes—including location on the design plan of the activity, work, or project—tests, correlation, and interaction with terrain geology data. 7. Through infiltration tests, establish the necessary disposal systems in those sites where there are no treatment plants or sanitary sewer systems. In case of concluding the impossibility of using the absorption system due to high plasticity of the soils, high water table levels, or others, indicate alternative solutions. 8. Slope Stability Study. The analyses must be made based on the guidelines of the Costa Rica Geotechnical Code for Slopes and Hillsides. 9. Geotechnical results obtained: data from wells and tests, water table depth, Unified Soil Classification, at the professional's discretion. 10. Evaluation of results and geotechnical conclusions: bearing capacity and foundation, settlements, seismic coefficient according to the Costa Rica Seismic Code, conclusions on foundations for the works, slope stability evaluation. 11. Discussion on the degrees of uncertainty and scope of the study: applicability of the results, pending tasks for later phases of the project, unresolved uncertainties, and general conclusion on the geotechnical conditions of the terrain considering the work to be developed. 12. Bibliographic references. 13. Annexes.
5. Professional responsibility for the information provided. The professional or professionals who sign the soil geotechnical study will be directly responsible for the technical-scientific information they provide therein. By virtue of this, the National Environmental Technical Secretariat (Secretaría Técnica Nacional Ambiental, SETENA), as the environmental authority of the Costa Rican State, will verify that the submitted document has complied with the technical guidelines established by this protocol, and if these are met, it will accept the information presented as true and accurate, as a sworn statement. Based on the data provided, SETENA may be making decisions regarding the Environmental Viability of the proposed activity, work, or project, so that in the event that false or erroneous information is provided, the responsible professionals will not only be responsible for this fault but also for the consequences of the decision that SETENA and the developer have incurred based on that data. Likewise, the responsible professional may technically justify the non-submission of the study when they determine that the type of activity to be developed does not require it.
5 ANNEX C. HYDROLOGY PROTOCOL Basic hydrology data of the watercourse of the micro-watershed in which the AP is located Purpose of the hydrological study. The hydrological study of the watercourse of the collector closest to the AP, which is located within the hydrographic micro-watershed in which the same is found, shall fulfill at least two primary purposes: Segment A) demonstrating that said watercourse has the carrying capacity to accept an increase in surface flow as a consequence of the development of the proposed activity, work, or project, and Segment B) demonstrating that said watercourse does not represent a potential flood risk factor for the facilities to be developed as part of the activity, work, or project.
Scope of application of the hydrological study. The hydrological study, referring to Segment A), must be submitted in all cases where the development of infrastructure works is proposed that produce soil impermeabilization, or the introduction and management of new water flows (for irrigation or extraction of groundwater), within the AP, and consequently produce an increase of more than 10% of the current surface runoff that flows directly towards the nearest natural receiving watercourse within the hydrological micro-watershed in which the AP is located. Activities, works, or projects whose stormwater discharges into a ditch or a public collector of an entity authorized according to current legislation shall not have to submit Segment A) of the hydrological study before SETENA. In default thereof, the engineering professional of the activity, work, or project shall certify, by means of a note, to this Technical Secretariat the manner in which said stormwater will be disposed of and the commitment to comply with what is established by current legislation on this matter.
Meanwhile, Segment B) of the study will be submitted for all those activities, works, or projects located within the floodplain of a watercourse and that may, therefore, be affected by an overflow of said watercourse. The definition of whether the AP is located within the floodplain of a watercourse will be certified by the responsible engineering professional of the activity, work, or project, using as a basis three fundamental and complementary criteria: a) direct observation in the field, b) information available on hazard maps issued by the National Commission for Risk Prevention and Emergency Response (Comisión Nacional de Prevención y Atención de Desastres, CNE), and c) data provided by the geological study of the terrain. In the event that the AP is not in such a situation, said responsible professional shall prepare and sign a note certifying the same, in substitution of the corresponding technical study. In the event that it is located within the floodplain, they must proceed with the realization of the hydrological study corresponding to Segment B, which is protocolized in this section.
Responsible parties for carrying out the hydrological study. Hydrological studies must be carried out by professionals in civil engineering or construction, and Agricultural Eng., duly authorized by the legislation in force in the country to carry out this type of study. The professional or professionals who sign the Hydrology study will be directly responsible for the technical-scientific information they provide therein. By virtue of this, the National Environmental Technical Secretariat (SETENA), as the environmental authority of the Costa Rican State, will verify that the submitted document has complied with the technical guidelines established by this protocol, and if these are met, it will accept the information presented as true and accurate, as a sworn statement. Based on the data provided, SETENA may be making decisions regarding the Environmental Viability of the proposed activity, work, or project, so that in the event that false or erroneous information is provided, the responsible professionals will not only be responsible for this fault but also for the consequences of the decision that SETENA and the developer have incurred based on that data. Likewise, the responsible professional may technically justify the non-submission of these studies when they determine that the type of activity to be developed does not require it.
Guide for the elaboration of the studies. The professional or professionals responsible for carrying out the hydrological study must define, by virtue of the terrain conditions of the hydrographic micro-watershed under analysis and the standard scientific methodologies used for this type of study, the technical procedure to apply.
Thematic content of the hydrological study report. The content of the hydrological study report will be as follows: 1. Cover Page. 2. Professional Responsibility Document. 3. Table of Contents. 4. Summary of results and technical conclusions. 5. Introduction: data on the studied property, professional coordination carried out, objective of the study, and applied methodology. The professional responsible for the Hydrological calculations is responsible for choosing the method to be used for calculating the maximum flow; they must be able to select the most appropriate method to carry out the respective study, for example: Rational Method, other methods such as Precipitation-Runoff Transformation or the Creager Coefficient Method. The study must also ensure that the existing hydraulic works are capable of assimilating the additional contribution of the calculated flow and that it does not cause saturation problems in the Hydraulic Works, nor in the natural channels to which this runoff water goes, ensuring that it will not contribute to the scouring of existing hydraulic works, such as bridges, culverts, etc. 6. Work carried out for Segment A, when applicable [basic hydrological aspects of the AP, calculation memory, and hydraulic parameters used]; for Segment B, when applicable [hydrological aspects of the watercourse, tributary basins, maximum flows, return period used, typical section of the watercourse at the point closest to the AP, hydrological calculations]. The return period to which the study is subjected will depend on the hydraulic work or works that the project has or is proposed in the project, and if it is something that is already installed, then estimate at the discretion of the Professional Responsible for the Study (Consultant). 7. Hydrological results obtained for Segment A, when applicable [net flow contributed and consequences for the receiving watercourse]; for Segment B, when applicable [maximum flood flow calculated, calculation of the normal depth for the watercourse, and analysis of critical conditions]. 8. Evaluation of results and hydrological conclusions: discussion on the results of the study with respect to the proposed activity, work, or project from the hydrological point of view (Segments A and B, when applicable), recommendation on mitigating measures that need to be implemented in the design when necessary. 9. Discussion on the degrees of uncertainty and scope of the study: applicability of the results, pending tasks for later phases of the project, unresolved uncertainties, and general conclusion on the hydrological conditions of the terrain considering the work to be developed. 10. Bibliographic references. 11. Annexes.
6. ANNEX D: TECHNICAL PROTOCOL FOR THE GEOLOGICAL STUDY OF THE AP TERRAIN ENVIRONMENTAL HYDROGEOLOGY OF THE PROPERTY.
Professional responsibility for the information provided. The professional or professionals who sign the hydrogeology study and the natural hazards chart will be directly responsible for the technical-scientific information they provide therein. By virtue of this, the National Environmental Technical Secretariat (SETENA), as the environmental authority of the Costa Rican State, will verify that the submitted document has complied with the technical guidelines established by this protocol, and if these are met, it will accept the information presented as true and accurate, as a sworn statement. Based on the data provided, SETENA may be making decisions regarding the Environmental Viability of the proposed activity, work, or project, so that in the event that false or erroneous information is provided, the responsible professionals will not only be responsible for this fault but also for the consequences of the decision that SETENA and the developer have incurred based on that data. Likewise, the responsible professional may technically justify the non-submission of these studies when they determine that the type of activity to be developed does not require it.
Thematic content of the environmental hydrogeology study report of the property. 1. Cover Page. 2. Professional Responsibility Document. 3. Local geological characterization. 4. Hydrogeological data of the immediate surroundings (Map of hydrogeological elements). 5. Conceptual model of the aquifer. 6. Vulnerability analysis and pollutant transport. 7. Summary of results and technical conclusions where the technical viability for the development of the project is indicated. 8. Bibliographic references. 9. Annexes.
GOD Method When data is scarce, does not completely cover the study territory, or is uncertain, the application of various methodologies for evaluating intrinsic vulnerability (DRASTIC, SINTACS) leads to risky assumptions. In contrast, the GOD method (Foster, 1987; Foster & Hirata, 1991) was developed specifically for areas where information about the subsoil and groundwater systems is scarce (Custodio, 1995). Furthermore, it has a simple and pragmatic structure that makes it superior to other methods in the interpretation of results. The GOD method estimates the vulnerability of an aquifer by multiplying parameters representing three types of spatial information.
G: type of aquifer (Groundwater occurrence). O: Lithology of the unsaturated zone (Overlying lithology). D: Depth to groundwater (Depth of groundwater).
The product of these components yields a vulnerability index that can vary between 0 and 1, indicating vulnerabilities ranging from negligible to extreme. The fact of not directly considering the soil can be corrected by incorporating sub-indices that consider the attenuation capacity (clay content) and degree of fissuring of the soil (permeability).
The great simplifications introduced in this method are justified by the actual availability of data, but as a counterpart, definition is lost, and it is not possible to differentiate one type of pollutant from another.
References: Custodio, E. 1995: Vulnerabilidad de los acuíferos a la polución. Seminario Internacional de Aguas Subterráneas. Chile. Foster. 1987: Fundamental concepts in aquifer vulnerability pollution risk and protection strategy. Proc Int Conf. « Vulnerability of Soil and Groundwater to Pollutants » (Noordwijk, The Netherlands. Foster, S. & Hirata, R. 1991: Determinación del riesgo de contaminación de aguas subterráneas, una metodologia basada en datos existentes: Lima, CEPIS, 81 p.
7. ANNEX E- THE RAPID ARCHAEOLOGICAL REPORT.
The rapid archaeological report of the terrain is represented by a quickly completed form that an archaeology professional completes once they have carried out an inspection of the property or AP where the activity, work, or project to be developed will be executed. Its purpose is to obtain a quick overview of the presence or absence of indications of the existence of an archaeological site and to obtain professional certification on the situation of the property regarding this topic. The content of the protocol and the instruments to be used for this study are as follows:
● Scope of application. The rapid archaeological study of the AP terrain must be used when it is desired to develop: buildings, dwellings, commercial or industrial buildings, earthworks (movimientos de tierra), fills, docks, retaining structures, bridges, viaducts, excavations, roads, and in general, any work that modifies or alters the ground where development is desired.
● Responsible parties for carrying out the archaeological study. Rapid archaeological studies of the terrain must be carried out by professionals in archaeology, duly authorized by the legislation in force in the country to carry out this type of study.
● Procedure for the elaboration of the rapid archaeological study.
The professional or professionals responsible for carrying out the rapid archaeological study of the land must comply with the technical guidelines for completing this Annex, applying as the procedure for its execution the Archaeological Inspection Form presented in accordance with the guidelines of the referred protocol and the technical guidelines for completing this annex.
Professional responsibility for the information provided.
The responsible professional who signs the rapid archaeological inspection form shall be responsible for the information provided therein. By virtue of this, the National Environmental Technical Secretariat (Secretaría Técnica Nacional Ambiental, SETENA), as the environmental authority of the Costa Rican State, shall supervise that the document submitted has complied with the technical guidelines established through this executive decree and, if they are complied with, shall accept the information presented as true and accurate, by way of a sworn statement. Based on the data provided, SETENA may be making decisions regarding the Environmental Viability (Viabilidad Ambiental) of the proposed activity, work, or project, so that in the event that false or erroneous information is provided, the responsible professional shall not only be responsible for this fault, but also for the consequences of the decision that SETENA and the developer have made based on that data. In the event that the activity, work, or project does not require earthworks (movimientos de tierra), the environmental consultant may justify the non-submission of the rapid archaeological form.
Technical Guidelines for Completing the Archaeological Inspection Form.
1 Name of the person in charge of the activity, work, or project.
Enter the name of the individual in charge of it.
2 Name of the developer (whether a company or individual).
Legal name of the developer of the activity, work, or project to be developed.
3 Telephone.
Telephone number of the developer of the activity, work, or project.
4 Type of activity, work, or project.
Refers to the type of activity, work, or project to which it corresponds. For example: residential, tourism, hydroelectric, poultry, others.
5 Name of the activity, work, or project.
The name under which the activity, work, or project was submitted to SETENA must be indicated.
6 Location of the activity, work, or project: Province, Canton, District. Note the political-administrative location of the activity, work, or project.
7 Coordinates The location of the activity, work, or project by current coordinates.
8 Total project area (Ha. or m2).
Note the size of the land where the activity, work, or project will be developed.
9 Area of direct impact (Ha. or m2).
The area of direct impact of the project refers to the land to be used for the construction of buildings, platforms, access roads, ramps, and any other area that will be modified to enable the activity, work, or project.
10 Number of cadastral plan(s).
Note the cadastral plan number that covers the total project area.
11. Earthworks have been carried out.
It must be indicated whether surface earthworks (movimientos de tierra) have occurred and what percentage of the project area they cover. Indicate whether the earthworks are old or recent.
12. Magnitude of the earthworks.
Implies that deep cuts have been made in the ground, therefore the volume of removed earth will be estimated.
13. Current existing infrastructure in the PA: If works are located in the project.
14. Current use of the PA.
Whether the project area is being used and for what type of activity, work, or project.
15. Information about the inspection If it is a first inspection.
16. Inspection methodology.
Mark the corresponding one on the form.
17. Explain the ground survey pattern.
The selection of the alternative and the percentage of land covered in the inspection must be explained.
18. Surface observation by cover density.
How much ground could actually be surveyed despite the vegetative cover of the PA.
19. Cultural materials or features exist.
The presence/absence of one or several cultural features must be indicated, this being understood as any material evidence of pre-Hispanic activity.
20. Type of material: Ceramic, Lithic, Other.
Pre-Hispanic ceramic is any fragment or complete piece made from fired or dried clay. Lithic refers to instruments, tools, or waste, complete or fragmented, made from different types of rocks.
21. Type of feature.
There are many types of cultural features. Some of them are:
- Tomb: funerary pit made directly in the earth or using different types of stones to make the box within which the funerary bundle was placed.
- Causeway (Calzada): cobbled road.
- Mound (Montículo): artificial accumulation of earth and stones, generally with an external wall made of river cobbles as a retaining wall. This may be circular, rectangular, or a combination of these two basic shapes. Its use could have been ritual, residential, or funerary, and even a combination of these.
- Foundation (Basamento):
- The foundation (basamento) appears as a line or row of cobbles arranged in a circular or rectangular shape, at ground level, meaning it is not a platform. Its use has been indicated as possibly residential, or domestic (kitchen).
22. Cultural material is observed on neighboring lands.
Only the presence/absence of archaeological materials must be indicated.
23. Explain the type of evidence observed.
It is only necessary to indicate whether remains of archaeological materials or features were observed with the naked eye on the neighboring property.
24. Density of material per m2.
Material density refers to the quantity of archaeological materials (ceramic or lithic) observable with the naked eye on the ground surface.
25. An archaeological site was recorded.
It must be stated whether, as a result of the inspection, a previously unreported archaeological site is located. Furthermore, the properly completed site registration sheet must be attached to this report.
26. Name of the site(s) and code(s).
The site name is what it will be called from now on. The rule for naming a site is to derive it from the surrounding geography, flora, or fauna; proper names, or designations entirely unrelated to the country's archaeological context, are not recommended. The site code must be requested from the Anthropology Department of the National Museum. The code corresponds to the consecutive number kept in the Site Registry; the Code is composed of that number plus the abbreviated name of the site.
27. . Approximate extent of the archaeological site in m2.
A basic piece of data for each recorded archaeological site is its area, in terms of surface material dispersion.
28. Map or sketch.
In this item, the type of graphic record made of the archaeological site during the inspection is indicated.
29. Observations.
If necessary, the documents attached to expand the information provided in the form must be indicated.
30. Name and ID number of the inspector.
Write the full name and the identity or identification card number of the person carrying out the inspection.
31. SETENA environmental consultant number.
Write the environmental consultant registration number granted by SETENA and the year.
32. Name and ID of the developer or their representative.
Note the full name with surnames and the identity card number of the owner (developer) of the activity, work, or project for which this type of study is requested. Individuals who do not have Costa Rican citizenship may use their passport number, residency permit, or any other official document that is valid in Costa Rica. When this is the case, the type of identification used must be detailed.
In cases where the developer is a legal entity, the corporate or business name, the legal entity ID number, and the full name must be indicated.
8. ANNEX F. PROTOCOL FOR CARRYING OUT THE RAPID BIOLOGICAL STUDY In the event that the PA where the activities, works, or projects are located partially or totally within an Environmentally Fragile Area (Área Ambientalmente Frágil, AAF), in accordance with the provisions of this Environmental Assessment, Control, and Monitoring Regulation (Reglamento de Evaluación, Control y Seguimiento Ambiental), and which has relevance from a biological point of view, when dealing with mangroves and other types of wetlands protected by legislation, a rapid biological study must be submitted, based on the Protocol detailed in this section, that determines the main biotopes present in the PA and the manner in which the activity, work, or project could affect them during its development. This study must be carried out to the extent that the activity, work, or project will cause a direct impact on sensitive biotopes, according to the criteria of a biology professional. In the event that the PA is not located in an environmentally fragile area, it will suffice to attach a certification from the environmental consultant stating that no impact on sensitive biotopes will occur.
Article Sheet 1 ANNEX 6: GUIDE FOR THE PREPARATION OF THE ENVIRONMENTAL IMPACT ASSESSMENT INSTRUMENT (ESIA - TERMS OF REFERENCE) A. In addition to the following aspects of this Instrument, the information included in annex 3 must be provided.
B.
2. ANNEX A: IDENTIFICATION TABLE OF GEOLOGICAL ELEMENTS 3. ANNEX B: IDENTIFICATION TABLE OF NATURAL HAZARDS Identification Table of Natural Hazards 4. ANNEX C: Hydrogeology ENVIRONMENTAL HYDROGEOLOGY OF THE PROPERTY.
Professional responsibility for the information provided.
The professional or professionals who sign the hydrogeology study and the natural hazards table shall be directly responsible for the technical-scientific information they provide therein. By virtue of this, the National Environmental Technical Secretariat (SETENA), as the environmental authority of the Costa Rican State, shall supervise that the document submitted has complied with the technical guidelines established through this protocol and, if they are complied with, shall accept the information presented as true and accurate, by way of a sworn statement. Based on the data provided, SETENA may be making decisions regarding the Environmental Viability (Viabilidad Ambiental) of the proposed activity, work, or project, so that in the event that false or erroneous information is provided, the responsible professionals shall not only be responsible for this fault, but also for the consequences of the decision that SETENA and the developer have incurred based on that data. Likewise, the responsible professional may technically justify the non-submission of these studies when they determine that the type of activity to be developed does not require it.
Thematic content of the environmental hydrogeology study report for the property.
1. Cover page.
2. Professional responsibility document.
3. Local geological characterization.
4. Hydrogeological data of the immediate surroundings (Map of hydrogeological elements).
5. Conceptual model of the aquifer.
6. Vulnerability analysis and contaminant transport.
7. Summary of results and technical conclusions indicating the technical viability for the project's development.
8. Bibliographic references.
9. Annexes.
GOD Method When data is scarce, does not fully cover the study territory, or is uncertain, the application of various methodologies for evaluating intrinsic vulnerability (DRASTIC, SINTACS) leads to risky assumptions. In contrast, the GOD method (Foster, 1987, Foster & Hirata, 1991) was developed specifically for areas where information about the subsoil and groundwater systems is scarce (Custodio, 1995). Furthermore, it has a simple and pragmatic structure that makes it superior to other methods in the interpretation of results. The GOD method estimates the vulnerability of an aquifer by multiplying three parameters representing three types of spatial information.
G: type of aquifer (Groundwater occurrence).
O: Lithology of the unsaturated zone (Overlying lithology).
D: Depth to groundwater (Depth of groundwater).
The product of these components yields a vulnerability index that can vary between 0 and 1, indicating vulnerabilities ranging from negligible to extreme. The fact that soil is not directly considered can be corrected by incorporating sub-indices that consider the attenuation capacity (clay content) and degree of fissuring of the soil (permeability).
The major simplifications introduced in this method are justified by the actual availability of data, but as a trade-off, definition is lost, and it is not possible to differentiate one type of contaminant from another.
References:
Custodio, E. 1995: Vulnerabilidad de los acuíferos a la polución. Seminario Internacional de Aguas Subterráneas, Chile.
Foster, 1987: Fundamental concepts in aquifer vulnerability pollution risk and protection strategy. Proc Int Conf. « Vulnerability of Soil and Groundwater to Pollutants » (Noordwijd, The Netherlands. Foster, S.& Hirata, R. 1991: Determinación del riesgo de contaminación de aguas subterráneas, una metodología basada en datos existentes: Lima, CEPIS, 81 p.
6. ANNEX D: Geotechnical data on bearing capacity or foundation conditions for the civil works 1. Scope of application.
This will be defined by the person responsible for carrying out the study.
2. Persons responsible for carrying out the geotechnical study.
Geotechnical studies must be carried out by professionals in civil engineering or construction, and geologists specializing in geotechnics, duly authorized by the legislation in force in the country to perform this type of study.
3. Evaluation of slope stability as part of the soil study.
a. The engineer responsible for the geotechnical study shall define whether or not to carry out the slope stability study.
b. The method to be applied for carrying out the slope stability evaluation must be defined under the responsibility of the professional or professionals conducting the geotechnical soil study, in accordance with the geotechnical conditions identified in said study. The results of this evaluation shall be integrated into the geotechnical soil study report.
4. Thematic content of the geotechnical soil study report.
The content of the geotechnical soil study report shall be as follows:
1. Cover page.
2. Professional responsibility document.
3. Table of contents.
4. Summary of results and technical conclusions.
5. Introduction: data on the property studied, professional coordination carried out, objective of the study, and methodology applied.
6. Work carried out: boreholes -including location on the design plan of the activity, work, or project-, tests, correlation, and interaction with terrain geology data.
7. Through infiltration tests, establish the necessary disposal systems in those sites where there are no treatment plants or sanitary sewer systems. In the event of concluding the impossibility of using absorption systems due to high soil plasticity, shallow water tables, or other reasons, indicate alternative solutions.
8. Slope Stability Study. The analyses must be based on the guidelines of the Costa Rican Geotechnical Code for Slopes and Hillsides (Código Geotécnico de Taludes y Laderas de Costa Rica).
9. Geotechnical results obtained: well and test data, depth to the water table, unified soil classification, at the professional's discretion.
10. Evaluation of results and geotechnical conclusions: bearing capacity and foundation conditions, settlements, seismic coefficient according to the Costa Rican Seismic Code (Código Sísmico de Costa Rica), conclusions on foundations for the works, evaluation of slope stability.
11. Discussion on the degrees of uncertainty and scope of the study: applicability of the results, pending tasks for later phases of the project, unresolved uncertainties, and general conclusion on the geotechnical conditions of the terrain by virtue of the work to be developed.
12. Bibliographic references.
13. Annexes.
5. Professional responsibility for the information provided.
The professional or professionals who sign the geotechnical soil study shall be directly responsible for the technical-scientific information they provide therein. By virtue of this, the National Environmental Technical Secretariat (SETENA), as the environmental authority of the Costa Rican State, shall supervise that the document submitted has complied with the technical guidelines established through this protocol and, if they are complied with, shall accept the information presented as true and accurate, by way of a sworn statement. Based on the data provided, SETENA may be making decisions regarding the Environmental Viability (Viabilidad Ambiental) of the proposed activity, work, or project, so that in the event that false or erroneous information is provided, the responsible professionals shall not only be responsible for this fault, but also for the consequences of the decision that SETENA and the developer have incurred based on that data. Likewise, the responsible professional may technically justify the non-submission of the study when they determine that the type of activity to be developed does not require it.
6. ANNEX E. HYDROLOGY PROTOCOL Basic hydrology data for the watercourse of the micro-watershed in which the PA is located Purpose of the hydrological study.
The hydrological study of the watercourse closest to the PA, located within the hydrographic micro-watershed where it is situated, would fulfill at least two primary purposes: Segment A) to demonstrate that said watercourse has the carrying capacity to accept an increase in surface flow as a consequence of the development of the proposed activity, work, or project, and Segment B) to demonstrate that said watercourse does not represent a potential flood risk factor for the facilities to be developed as part of the activity, work, or project.
Scope of application of the hydrological study.
The hydrological study, regarding Segment A), must be submitted in all cases where the development of infrastructure works is proposed that produces soil sealing, or the introduction and management of new water flows (due to irrigation or groundwater extraction), within the PA, and consequently produces an increase of more than 10% of the current surface runoff that flows directly towards the nearest natural receiving watercourse within the hydrological micro-watershed where the PA is located. Activities, works, or projects whose stormwater discharges into a roadside ditch (cuneta) or a public collector of an entity authorized according to current legislation shall not be required to submit Segment A) of the hydrological study to SETENA. Instead, the engineering professional for the activity, work, or project shall certify, by means of a note to this Technical Secretariat, the manner in which said stormwater will be disposed of and the commitment to comply with the provisions of current legislation on this matter.
Meanwhile, Segment B) of the study shall be submitted for all those activities, works, or projects located within the floodplain (valle de inundación) of a watercourse and which may, therefore, be affected by an overflow of said watercourse. The determination of whether the PA is located within the floodplain of a watercourse shall be certified by the responsible engineering professional for the activity, work, or project, using three fundamental and complementary criteria: a) direct observation in the field, b) information available on hazard maps issued by the National Commission for Risk Prevention and Emergency Response (Comisión Nacional de Prevención y Atención de Desastres, CNE), and c) data provided by the geological study of the terrain. In the event that the PA is not in such a situation, said responsible professional shall prepare and sign a note certifying it, in substitution of the corresponding technical study. In the event that it is located within the floodplain, they must proceed with the realization of the hydrological study corresponding to Segment B, which is protocolled in this section.
Persons responsible for carrying out the hydrological study.
The hydrological studies must be carried out by professionals in civil engineering or construction, and Agricultural Engineers, duly authorized by the legislation in force in the country to perform this type of study. The professional or professionals who sign the Hydrology study shall be directly responsible for the technical-scientific information they provide therein. By virtue of this, the National Environmental Technical Secretariat (SETENA), as the environmental authority of the Costa Rican State, shall supervise that the document submitted has complied with the technical guidelines established through this protocol and, if they are complied with, shall accept the information presented as true and accurate, by way of a sworn statement. Based on the data provided, SETENA may be making decisions regarding the Environmental Viability (Viabilidad Ambiental) of the proposed activity, work, or project, so that in the event that false or erroneous information is provided, the responsible professionals shall not only be responsible for this fault, but also for the consequences of the decision that SETENA and the developer have incurred based on that data. Likewise, the responsible professional may technically justify the non-submission of these studies when they determine that the type of activity to be developed does not require it.
Guide for the preparation of the studies.
The professional or professionals responsible for carrying out the hydrological study must define, by virtue of the terrain conditions of the hydrographic micro-watershed under analysis and the standard scientific methodologies used for this type of study, the technical procedure to be applied.
Thematic content of the hydrological study report.
The content of the hydrological study report shall be as follows:
1. Cover page.
2. Professional responsibility document.
3. Table of contents.
4. Summary of results and technical conclusions.
5. Introduction: data on the property studied, professional coordination carried out, objective of the study, and methodology applied. The professional responsible for the hydrological calculations is responsible for choosing the method to be used for calculating the maximum flow; they must be capable of selecting the most appropriate method for carrying out the respective study, for example: Rational Method, other methods such as Precipitation-Runoff Transformation or the Creager Coefficient Method. The study must also ensure that the existing hydraulic works are capable of assimilating the additional contribution of the calculated flow and do not cause saturation problems in the Hydraulic Works, nor in the natural channels to which these runoff waters go, ensuring that it will not contribute to the scour of existing hydraulic works, such as bridges, culverts, etc.
6. Work carried out for Segment A, when applicable [basic hydrological aspects of the PA, calculation report and hydraulic parameters used]; for Segment B, when applicable [hydrological aspects of the watercourse, tributary basins, maximum flows, return period used, typical section of the watercourse at the point closest to the PA, hydrological calculations]. The return period to which the study is subjected will depend on the hydraulic work or works that the project has or proposes, and if it is something already installed, then estimate it at the discretion of the Professional Responsible for the Study (Consultant).
7. Hydrological results obtained for Segment A, when applicable [net flow contributed and consequences for the receiving watercourse]; for Segment B, when applicable [maximum flood flow calculated, calculation of the normal depth for the watercourse, and analysis of critical conditions].
8. Evaluation of results and hydrological conclusions: discussion on the study results with respect to the proposed activity, work, or project from the hydrological point of view (Segments A and B, when applicable), recommendation on the mitigation measures that need to be implemented in the design when necessary.
9. Discussion on the degrees of uncertainty and scope of the study: applicability of the results, pending tasks for later phases of the project, unresolved uncertainties, and general conclusion on the hydrological conditions of the terrain by virtue of the work to be developed.
10. Bibliographic references.
11. Annexes.
7. ANNEX F: Instructions for the Environmental Impact Assessment, Measures Table, and Indicator Guide Instructions for the assessment of environmental impacts 1. Application framework 1.1 The set of methodological steps to be applied for assessing environmental impacts is presented. The basic purpose is that ESIAs develop this methodology as a common denominator.
1.2 The environmental consulting team that will prepare an environmental assessment instrument, in which the assessment of environmental impacts is requested, must, at a minimum, apply the methodology presented here, without prejudice to using another assessment methodology as a complement to this one, duly justified and explained in detail.
1.3 Although the environmental assessment established in the Environmental Impact Importance analysis, its application has positive aspects, apart from the fact that it standardizes environmental impact assessment in our country, it leads the consulting team to make a comprehensive assessment of the impacts, to rethink the situation in the event that significant impacts are determined, and to seek solutions.
1.4 The establishment of an appropriate MllA by the consulting team allows for a clear summary of the project's effects and their significance. It clarifies the consultant's opinion on the impact to be produced, and allows SETENA to review, analyze, and evaluate the process more quickly.
2. The Environmental Impact Importance Matrix (MllA) 2.1 Once the actions and the factors/aspects of the environment that will presumably be impacted by them have been identified, the importance matrix allows for a qualitative assessment to be obtained for an ESIA or other environmental assessment instruments.
2.2 Once the possible impacts have been identified, a forecast and assessment of them is necessary. The ESIA is a fundamentally analytical mechanism, of prospective investigation of what may happen, therefore the clarification of all the aspects that define it, including the impacts (interrelation project action / environmental factor/aspect), is absolutely necessary.
2.3 The qualitative assessment shall be carried out based on the impact matrix. Each crossing box in the matrix, or type element, will give us an idea of the effect of each impacting action on each impacted environmental factor and aspect.
3 Type element of the importance matrix 3.1 The elements of the importance matrix identify the environmental impact generated by a simple action of an activity (Ai) on a considered environmental factor (Fj).
3.2 At this assessment stage, the impact is measured, based on the degree of qualitative manifestation of the effect that is reflected in what we define as the importance of the impact.
3.3 The importance of the impact is, therefore, the ratio by which the environmental impact is qualitatively measured, based on both the degree of incidence or intensity of the alteration produced, and the characterization of the effect, which in turn responds to a series of qualitative attributes, such as extent, type of effect, manifestation timeframe, persistence, reversibility, recoverability, synergy, accumulation, and periodicity (Table No. 4). The type elements, or crossing boxes of the matrix, will be occupied by the assessment corresponding to eleven symbols following the spatial order set out in Table No. 2 and No. 3, to which one more is added that synthesizes in a single figure the importance of the impact as a function of the first eleven preceding symbols. Of these eleven symbols, the first corresponds to the sign or nature of the effect, the second represents the degree of incidence or intensity of the same, and the following nine reflect the attributes that characterize said effect.
Table No. 1: Relationships that characterize the environmental impact | ENVIRONMENTAL IMPACT | SIGN | Positive + | | | | --- | --- | --- | --- | --- | | Negative - | | | | | | Indeterminate * | | | | | | Mutable, Relative, | | | | | | Dependent. | | | | | | VALUE (DEGREE OF MANIFESTATION) | IMPORTANCE (DEGREE OF QUALITATIVE MANIFESTATION) | Degree of incidence | Intensity | | | Characterization | Extent | | | | | Manifestation | | | | | | Timeframe | | | | | | Persistence | | | | | | Reversibility | | | | | | Synergy | | | | | | Accumulation | | | | | | Effect | | | | | | Periodicity | | | | | | Recoverability | | MAGNITUDE (DEGREE OF QUANTITATIVE MANIFESTATION) | | Quantity | | | | Quantity | | | Table No. 2: Spatial situation of the twelve symbols of a type element
3.5 It should be noted that the importance of the impact cannot be confused with the importance of the affected factor, which must be determined in the Environmental Impact Assessment Instrument, through a multidisciplinary analysis of the environment, its characteristics, and potential affectations.
3.6 Below, the meaning of the mentioned symbols that make up the type element of the qualitative assessment matrix or importance matrix is described.
4. Sign 4.1 The sign of the effect, and therefore of the impact, alludes to the beneficial (+) or harmful (-) character of the different actions that act upon the different factors considered.
4.2 There is the possibility of including, in some specific, duly justified and argued cases, a third character (*), which would reflect effects associated with circumstances external to the activity, so that only through a comprehensive study of all of them would it be possible to know their harmful or beneficial nature.
4.3 When evaluating an activity, work, or project, the harmful impacts are studied, that is, those presenting a (-) sign. If these exceed the pre-established standards, particularly based on the regulatory framework, the introduction of corrective measures must be contemplated that give rise to beneficial impacts (+), which reduce or nullify the effects of the former.
5. Intensity (IN) 5.1 This term refers to the degree of incidence of the action on the factor, in the specific scope in which it acts. The assessment scale will be between 1 and 12, where 12 will express a total destruction of the factor in the area where the effect occurs (APtotal), and 1 a minimal affectation. The values between these two terms will reflect intermediate situations, which must be duly justified and argued.
5.2 It must be taken into account that this assessment is carried out based on the percentage of the project area (AP and/or its influence areas, when applicable) that is being directly affected.
6. Extension (EX) 6.1 It refers to the theoretical influence area of the impact in relation to the environment of the activity (percentage of area, with respect to the environment, in which the effect is manifested). In Costa Rica, the Direct Biophysical and Social Area of Influence (Área de Influencia Directa, AID) will be used as a reference for quantification.
6.2 If the action produces a very localized effect, the impact will be considered to have a Punctual (1) character. If, on the contrary, the effect does not admit a precise location within the environment of the activity, having a generalized influence throughout it, the impact will be Total (8), considering intermediate situations, according to their gradation, as Partial (2) and Extensive (4) impact.
6.3 In the event that the effect occurs in a critical location (discharge near and upstream of a water intake, landscape degradation in a highly visited area or near an urban center, etc.), it will be assigned a value of 4 units above what would correspond based on the percentage of extension in which it manifests. If, in addition to being critical, the effect is dangerous and there is no possibility of introducing corrective measures, another alternative to the operation or process of the activity causing the effect must be immediately sought, nullifying the cause that produces it.
7. Moment (MO) 7.1 The manifestation period of the impact refers to the time elapsed between the appearance of the action (to) and the beginning of the effect (tj) on the environmental factor/aspect considered.
7.2 When the elapsed time is zero, the moment will be immediate, and if it is less than one year, short term, assigning a value of (4) in both cases. If it is a period of time ranging from 1 to 5 years, medium term (2), and if the effect takes more than 5 years to manifest, long term, with an assigned value of (1).
7.3 If any circumstance occurs that makes the moment of the impact critical, it would be possible to assign it a value four units above those specified (noise at night near a hospital center -immediate-, foreseeable appearance of a plague or pernicious effect on a farm just before harvest -medium term-).
8 Persistence (PE) 8.1 It refers to the time that the effect would remain from its appearance and, after which, the affected factor would return to the initial conditions prior to the action by natural means, or through the introduction of corrective measures.
8.2 If the persistence of the effect takes place for less than one year, we consider that the action produces a fleeting effect, assigning it a value of (1). If it lasts between 1 and 5 years, temporary (2); and if the effect lasts longer than 5 years, we consider the effect to be permanent, assigning it a value of (4).
8.3 Persistence is independent of reversibility.
8.4 A permanent effect (permanent contamination of river water as a consequence of industrial discharges), may be reversible (the river water recovers its environmental quality if the action ceases as a consequence of an improvement in the industrial process), or irreversible (the effect of felling specimen trees is an irreversible permanent effect, since environmental quality is not recovered after felling). On the contrary, an irreversible effect (loss of landscape quality due to the destruction of a garden during the infrastructure construction phase), may present temporary persistence (return to initial conditions due to the establishment of a new garden once the works are finished).
8.5 Fleeting and temporary effects are almost always reversible or recoverable.
9. Reversibility (RV) 9.1 It refers to the possibility of reconstruction of the affected factor as a consequence of the action undertaken, that is, the possibility of returning to the initial conditions prior to the action, by natural means, once it ceases to act on the environment.
9.2 If it is short term, that is, less than one year, it is assigned a value of (1), if it is medium term, that is, a period ranging from 1 to 5 years (2) and if the effect is irreversible, or lasts more than 5 years, we assign the value (4). The time intervals comprising these periods are identical to those assigned in the previous parameter.
10. Recoverability (MC) 10.1 It refers to the possibility of reconstruction, total or partial, of the affected factor as a consequence of the activity undertaken, that is, the possibilities of returning to the initial conditions prior to the action, through human intervention (introduction of corrective measures).
10.2 If the effect is totally recoverable, and if it is so immediately, it is assigned a value of 1, or a value of 2 if it is in the medium term; if the recovery is partial and the effect is mitigable, it takes a value of 4; when the effect is irrecoverable (alteration impossible to repair, both by natural and human action), we assign it a value of 8. In the case of being irrecoverable, but there is the possibility of introducing compensatory measures, the value will be 4.
11. Synergy (SI) 11.1 This attribute contemplates the reinforcement of two or more simple effects.
11.2 The total component of the manifestation of simple effects, caused by actions that act simultaneously, is greater than what would be expected from the manifestation of effects when the actions that provoke them act independently and not simultaneously. (The lethal dose of product A is LDA and that of product B is LDB. Applied simultaneously, the lethal dose of both products LDAB is greater than LDA + LDB).
11.3 When an action acting on a factor is not synergistic with other actions acting on the same factor, the attribute takes the value of 1; if it presents moderate synergism, it takes the value of 2; and if it is highly synergistic, it must be assigned a value of 4.
11.4 When cases of weakening occur, the impact assessment will present negative sign values, ultimately reducing the value of the Impact Importance.
12. Accumulation (Ac) 12.1 This attribute gives the idea of the progressive increase in the manifestation of the effect, when the action that generates it persists continuously or repeatedly. (The repeated ingestion of DDT, by not being eliminated from tissues, gives rise to a progressive increase in its presence and its consequences, eventually causing death).
12.2 When an action does not produce accumulative effects (simple accumulation), the effect is valued as (1). If the effect produced is accumulative, the value increases to (4).
13. Effect (EF) 13.1. This attribute refers to the cause-effect relationship in terms of its directionality, that is, the form of manifestation of the effect on a factor, as a consequence of an action. An impact can be direct and indirect at the same time, although on different factors, given that the scale is exclusive, and the fact that it may be direct and indirect is not evaluated, the assessment must be exclusive.
13.2. The effect can be direct or primary, in this case, the repercussion of the action being a direct consequence of it, it is assigned a value of 4. (The emission of CO impacts the surrounding air).
13.3. In the event that an indirect or secondary effect occurs, that is, one that takes place from a primary effect, and there is no direct effect associated with that same action, the impact is assigned a value of 1. Its manifestation is not a direct consequence of the action, but rather takes place from a primary effect, this acting as a second-order action. (The emission of fluorocarbons directly impacts the quality of the surrounding air and indirectly or secondarily impacts the thickness of the ozone layer).
14. Periodicity (PR) 14.1 Periodicity refers to the regularity of the manifestation of the effect, whether cyclical or recurrent (periodic effect), sporadically over time (irregular effect), or constant over time (continuous).
14.2 Continuous effects are assigned a value of 4, periodic effects a value of 2, and those of irregular appearance, which must be evaluated in terms of probability of occurrence, as well as discontinuous ones, a value of 1.
14.3 An example of a continuous effect is the occupation of a space as a consequence of construction. The increase in forest fires during the dry season is a periodic, intermittent, and temporally continuous effect. The increase in fire risk, as a consequence of better accessibility to a forest area, is an effect of irregular appearance, not periodic, nor continuous, but of exceptional severity.
15. Importance of the impact (I) 15.1 It has already been pointed out that the importance of the impact, that is, the importance of the effect of an action on an environmental factor/aspect, should not be confused with the importance of the affected environmental factor.
15.2 The importance of the impact is represented by a number that is deduced using the model proposed in Table No. 3, based on the value assigned to the considered symbols.
15.3 The importance of the impact takes values between 13 and 100.
15.4 It presents intermediate values (between 40 and 60) when any of the following circumstances occur:
- Total intensity, and minimal affectation of the remaining symbols. - Very high or high intensity, and high or very high affectation of the remaining symbols. - High intensity, irrecoverable effect, and very high affectation of some of the remaining symbols. - Medium or low intensity, irrecoverable effect, and very high affectation of at least two of the remaining symbols.
15.5 Impacts with importance values lower than 25 are irrelevant, that is, compatible, or the environmental measures were contemplated in the project design. Moderate impacts present an importance between 25 and 50. They will be severe when the importance is between 50 and 75, and critical when the value is higher than 75.
16. Red Flags 16.1 In those crossing cells corresponding to the most important impacts, or those that occur in critical locations or moments and are impossible to correct, which will give rise to the highest scores in the box relating to importance, the so-called Alerts or Red Flags will be superimposed, to draw attention to the effect and seek alternatives in the production processes of the activity, work, or project, that eliminate the cause or exchange it for another with less harmful effects.
16.2 New alternatives to certain aspects of the activity (change of access roads, change of location of a construction,...) that lead to the disappearance of impacting actions should not be confused with the introduction of corrective measures that act directly on the causative agent, nullifying or mitigating its effects or giving rise to a new action that impacts positively or nullifies or mitigates the effects of another impacting action (continuing with the previous example, the accesses persist but are surrounded by vegetation and trees, the construction remains in the original situation but certain installations are soundproofed to avoid acoustic contamination).
Table No. 3: Basic data for the assessment of environmental impacts
| NATURE / INTENSITY | INTENSITY (IN) | | |
|---|
| - Beneficial impact | + | (Degree of Destruction) | |
| - Harmful impact | - | - Low | 1 |
| | - Medium | 2 |
| | - High | 4 |
| | - Very high | 8 |
| | - Total | 12 |
| EXTENSION (EX) | MOMENT (MO) | | |
| (Area of influence) | (Manifestation period) | | |
| - Punctual | 1 | | |
| - Partial | 2 | - Long term | 1 |
| - Extensive | 4 | - Medium term | 2 |
| - Total | 8 | - Immediate | 4 |
| - Critical | (+4) | - Critical | (+4) |
| PERSISTENCE (PE) | REVERSIBILITY (RV) | | |
| (Permanence of the effect) | - Short term | 1 | |
| - Fleeting | 1 | - Medium term | 2 |
| - Temporary | 2 | - Irreversible | 4 |
| - Permanent | 4 | | |
| SYNERGY (SI) | ACCUMULATION (AC) | | |
| (Potentiation of the manifestation) | (Progressive increase) | | |
| - No synergism (simple) | 1 | - Simple | 1 |
| - Synergistic | 2 | - Accumulative | 4 |
| - Very synergistic | 4 | | |
| EFFECT (EF) | PERIODICITY (PR) | | |
| (Cause-effect relationship) | | (Regularity of manifestation) | |
| - Indirect (secondary) | 1 | - Irregular, sporadic or aperiodic and discontinuous | 1 |
| - Direct | 4 | - Periodic | 2 |
| | - Continuous | 4 |
| RECOVERABILITY (MC) | IMPORTANCE (I) | | |
| (Reconstruction by human means) | I = ± [ 3 IN + 2EX + MO + PE + RV | | |
| - Recoverable immediately | 1 | + SI + AC + EF + PR + MC] | |
| - Recoverable medium term | 2 | | |
| - Partially recoverable, Mitigable and/or compensable | 4 | | |
| - Irrecoverable | 8 | | |
17. Corrective and compensatory measures (MC) 17.1 We define corrective measures as the introduction, incorporation, or modification of processes and actions on the activity or on the environment with the purpose of:
- a)Exploiting to a greater extent the opportunities that the environment offers for the better environmental achievement of the activity.
- b)Nullifying, attenuating, avoiding, correcting, or compensating for the negative effects that the actions derived from the activity produce on the environment, in their surroundings.
- c)Increasing, improving, and enhancing the positive effects that may exist.
17.2 According to the character with which they act, we distinguish between:
- a)Protective measures, which avoid the appearance of the effect by modifying the defining elements of the activity (technology, design, relocation, size, raw materials...)
- b)Corrective measures for recoverable impacts, aimed at nullifying, attenuating, correcting, or modifying the actions and effects on:
1. Production processes (technical...) 2. Operating conditions (filters, soundproofing, safety standards...) 3. Factors of the environment as a transmitting agent (promoting atmospheric dispersion, dilution...) 4. Factors of the environment as a receiving agent (increase in flow, aeration of waters,...) 5. Other parameters (modification of the effect towards another of lesser magnitude or importance) c) Compensatory measures for irrecoverable and unavoidable impacts, which do not prevent the appearance of the effect, nor nullify or attenuate it, but counterbalance in some way the alteration of the factor (payment for polluting, creation of green areas), subject to approval by the corresponding authority.
17.3 According to the severity and type of impact, corrective measures are considered:
- a)Possible, provided they tend to correct recoverable impacts.
- b)Mandatory, which correct recoverable, environmentally inadmissible impacts, until reaching the adopted or legally established standards.
- c)Convenient, to attenuate recoverable, environmentally admissible impacts.
- d)Impossible, when dealing with irrecoverable, environmentally inadmissible impacts, or when they do not directly concern the mitigation of the effect.
17.4 Attending to the portion of the environment in which they act, it is considered that they can be introduced:
- a)Only in the area where the activity is developed or the action takes place (soundproofing of a machine room).
- b)In a more or less significant scope of the environment, crossing beyond the scope where the activity is developed (waterproofing of a landfill to prevent water contamination in a spring that supplies a bottling activity).
- c)In areas external to the action zone (visual barriers on a road...).
17.5 According to the number of altered factors intended to be corrected, we differentiate between:
- a)Monovalent, which avoid or attenuate the effect of one or more actions on a single factor.
- b)Polyvalent, which act on effects that alter the environmental quality of two or more factors (measures against erosion simultaneously act on revegetation, landscape, runoff destination...)
17.6 The measures to be introduced into the organization's environmental management system, the audit plan, and, above all, the development of the activity, will be studied in depth, grouping them into:
- a)Measures aimed at improving the design.
- b)Measures to improve operation during the operational phase.
- c)Measures aimed at improving the carrying capacity of the Environment.
- d)Measures aimed at the recovery of unavoidable impacts.
- e)Compensatory measures for factors affected by unavoidable and incorrigible effects.
- f)Measures planned for the time of abandonment of the activity at the end of its useful life.
- g)Measures for environmental control and surveillance during the operation and abandonment phases.
18. Refined importance matrix 18.1 The importance matrix (Fig. 2) is obtained from the impact matrix (Fig. 1), quantifying each of its crossing cells based on the algorithm set out in section No. 15.2 and in Table No. 3.
18.2 Once the importance matrix is obtained, effects of diverse natures may appear in terms of their relevance and quantification possibility, which advise an individualized treatment outside of that matrix.
18.3 The main blocks are distinguished as:
- a)Crossing cells that present effects with not very relevant values (compatible impacts) and that, in specific EIA, it is of interest to disregard. These negligible effects are excluded from the calculation process and ignored in the overall assessment. The instrumentation in the model consists of the introduction of a sieve, which is nothing more than an importance value below which the effects are not considered. The matrix, once sieved, presents only the effects that exceed a minimum importance threshold.
- b)Crossing cells that present extremely important and determining effects, far exceeding the established standards. These effects, in the event that they cannot be attenuated or minimized through the incorporation of the pertinent corrective measures, are excluded from the calculation process, since, based on their relevance, entity, and significance, their homogeneous treatment with the other effects captured in the matrix could mask their preponderant role. They are considered in parallel to the model, intervening in a determining way in decision-making.
- c)Crossing cells that present qualitative effects corresponding to factors of an intangible nature and for which there is no reasonably representative indicator available.
These effects remain included as normal in the importance matrix and are assessed qualitatively, although when proceeding to the quantitative valuation, they are excluded from the calculation process, but are considered in parallel to the model, and as a component thereof in the evaluation process, obviously intervening in decision-making.
- d)Crossing cells that present normal effects, considering as such those not included in the previous blocks. These effects are those that remain included in the calculation process established in the valuation model, both qualitative and quantitative.
18.4 The set of crossing cells that present normal effects compose the importance matrix proper, also called the calculation matrix or refined importance matrix.
19. Qualitative assessment 19.1 Having established in the previous sections the method required to carry out the qualitative valuation of impacts on each type element, the qualitative valuation is now established for each of the actions that have caused an impact and, in turn, for the environmental factors/aspects that have been the objects of impact.
19.2 The algebraic sum of the importance of the impact of each type element by columns will identify the most aggressive actions (high negative values), the least aggressive ones (low negative values), and the beneficial ones (positive values), enabling their analysis according to their effects on the different subsystems.
19.3 Likewise, the sum of the importance of the impact of each type element by rows will indicate the environmental factors that suffer to a greater or lesser extent the consequences of carrying out the project, work, or activity (column n+1 of Figures 1 and 2).
19.4 By adding these, and in the corresponding rows, the total effects caused on the different components and subsystems present in the impact matrix will be indicated. As has already been stated, the final impact is the difference between the situation of the environment modified by the project, work, or activity and the situation as it would have evolved without its presence.
19.5 The impacts caused by the project, work, or activity will be studied for the construction period, the operation phase, and the closure or demolition phase when circumstances so require.
19.6 In the final operation situation, the difference between the environmental situation with and without the project, work, or activity is due not only to the effect of the impacting actions in the operation phase itself, but also to the effect of some irreversible action or continuous effect studied in the construction phase (for example, the felling of trees and the construction of road accesses take place in the construction phase, but contribute to the deterioration of the Environment in the final situation). These types of actions are reflected with the * sign in the type element, and their total importance will be set out in column n+2 of Figure 2.
19.7 In column n+3 of Figure 2, the final effects on environmental factors are listed and are obtained as the sum of the importance of the impact in the operation phase (column n+1 of Fig. 2) and the importance of the impact of the actions whose effect is irreversible or permanent over the long term or throughout the project's life (column n+2 of Fig. 2), even if they take place during the construction phase.
19.8 Based on this type of qualitative evaluation, a section must be prepared, in which those actions considered most aggressive, the alternatives to project work units, and the proposed corrective measures will be the object of special attention.
(See figures 1 and 2 in printed Gazette No. 85 of May 4, 2006).
Environmental Measures Table 8 GUIDE FOR ENVIRONMENTAL INDICATORS Definition: Environmental indicators are parameters that have the function of evaluating the current state of an environmental system (such as climate, a landscape, or an ecosystem), which, in turn, are difficult to measure or evaluate. They help monitor progress in achieving environmental objectives (for example, sustainable development objectives; their use facilitates surveillance and decision-making)1.
1·Environmental Indicators Technical report prepared by the United Nations Environment Programme - Regional Office for Latin America and the Caribbean. (UNEP/LAC-IGWG.XIV/Inf.11 of October 9, 2003).
Indicators must be measurable, verifiable, quantifiable and/or qualitative, and must contain a basic description.
For the Environmental Assessment that SETENA will oversee, it will focus on the review of compliance indicators, which have been classified into three types:
1. Type I: These are indicators that have available information and quantitative data, generated by constant monitoring. They correspond to a specific regulation.
2. Type II: These are indicators that contain complete or partial quantitative data information, generated by constant monitoring, but additional or broader data or information is needed, as well as greater analysis and management thereof, before a trend or status can be presented.
3. Type III: These are conceptual indicators for when there is insufficient available data; these may be descriptive, qualitative, and/or predictive.
Notes:
a. For Type III indicators, the Environmental Measures Table must be updated in the environmental follow-up stage, when, at the design and EIA level, more detailed information is available to generate Type I indicators.
b. It must be contemplated that, at the time of submitting the Regency Reports, all Type III indicators must be presented in terms of Type I indicators.
c. Registration and correction in the logbook (Environmental Measures Table).
The presentation of the Environmental Measures Table must be made, with the following specifications:
- It must be drafted concisely, without exceeding a prose content; if necessary, the measure and/or indicator deemed appropriate may be developed (however, the content of said section will not be grounds for rejection; only the content will be verified).
Visual Guide Basic Site Design IGN Cartography Sheet scale 1:50000 The basic site design corresponds to a general plan of the activity, work, or project to be developed, which must include the set of all infrastructure components, with their respective names and development areas. Also, other related elements such as green areas and the location of main accesses must be indicated. The design will be presented at a clearly visible scale in digital form. This document must include the name and signature of the professional responsible for its preparation, who is not required to be registered in the SETENA Registry of Consultants.
1. Scope of application.
It will be defined by the person responsible for carrying out the study.
2. Persons responsible for carrying out the geotechnical study.
The geotechnical studies must be carried out by professionals in civil engineering or construction, and geology with a specialty in geotechnics, duly authorized by the legislation in force in the country to carry out this type of study.
3. Evaluation of slope stability as part of the soil study.
a. The engineer responsible for the geotechnical study will define whether or not the slope stability study is to be carried out.
b. The method to be applied for carrying out the slope stability evaluation must be defined under the responsibility of the professional or professionals of the soil geotechnical study, in accordance with the geotechnical conditions identified in said study. The results of this evaluation will be integrated into the geotechnical soil study report.
4. Thematic content of the geotechnical soil study report.
The content of the geotechnical soil study report will be as follows:
1. Cover page. 2. Professional responsibility document. 3. Table of contents. 4. Summary of results and technical conclusions. 5. Introduction of data on the property studied, professional coordination carried out, objective of the study, and methodology applied. 6. Work carried out, boreholes -including location on the design plan of the activity, work, or project-, tests, correlation, and interaction with site geology data. 7. Through infiltration tests, establish the necessary disposal systems in those sites where there are no treatment plants or sanitary sewer systems. In the event of concluding the impossibility of using the absorption system due to high plasticity of the soils, shallow groundwater levels, or others, indicate alternative solutions.
8. Slope Stability Study. The analyses must be conducted based on the guidelines of the Geotechnical Code for Slopes and Hillsides of Costa Rica (Código Geotécnico de Taludes y Laderas de Costa Rica).
9. Geotechnical results obtained, borehole and test data, water table depth, Unified Soil Classification System, at the professional's discretion.
10. Evaluation of results and geotechnical conclusions, bearing capacity and foundation capacity, settlements, seismic coefficient according to the Seismic Code of Costa Rica (Código Sísmico de Costa Rica), conclusions on foundations for the works, evaluation of slope stability.
11. Discussion on the degrees of uncertainty and scope of the study, applicability of the results, pending tasks for subsequent project phases, unresolved uncertainties, and general conclusion on the geotechnical conditions of the land with regard to the work to be developed.
12. Bibliographic references.
13. Appendices.
5. Professional responsibility for the information provided.
The professional or professionals signing the geotechnical soil study shall be directly responsible for the technical-scientific information they provide therein. In view of this, the National Environmental Technical Secretariat (Secretaría Técnica Nacional Ambiental, SETENA), as the environmental authority of the Costa Rican State, shall supervise that the submitted document complies with the technical guidelines established through this protocol and, if they do comply, shall accept the information presented as true and veracious, by way of a sworn statement. Based on the data provided, SETENA could make decisions regarding the Environmental Viability (Viabilidad Ambiental) of the proposed activity, work, or project, so that if false or erroneous information were provided, the responsible professionals shall not only be responsible for this fault but also for the consequences of the decision that SETENA and the developer may have made as a result of such data. Likewise, the responsible professional may technically justify the non-submission of the study when they determine that the type of activity to be developed does not require it.
The rapid archaeological report of the land is represented by a quick-fill form completed by an archaeology professional once they have conducted an inspection of the property or Project Area (AP) where the activity, work, or project to be developed will be executed. Its purpose is to obtain a quick overview of the presence or absence of evidence of the existence of an archaeological site and to obtain professional certification on the property's situation regarding the issue. The content of the protocol and the instruments to be used for this study are as follows:
● Scope of Application.
The rapid archaeological study of the Project Area (AP) land must be used when the following is to be developed: buildings, dwellings, commercial or industrial buildings, earthworks (movimientos de tierra), fills, docks, retaining structures, bridges, viaducts, excavations, roads, and, in general, any work that modifies or alters the ground where it is to be developed.
● Responsible Parties for Conducting the Archaeological Study.
The rapid archaeological studies of the land must be conducted by archaeology professionals, duly authorized by the country's current legislation to carry out this type of study.
● Procedure for the Development of the Rapid Archaeological Study.
The professional or professionals responsible for conducting the rapid archaeological study of the land must comply with the technical guidelines for completing this Annex, applying the Archaeological Inspection Form presented in accordance with the guidelines of the aforementioned protocol and the technical completion guidelines of this annex as the procedure for its execution.
● Professional Responsibility for the Information Provided.
The responsible professional signing the rapid archaeological inspection form shall be responsible for the information provided therein. In view of this, the National Environmental Technical Secretariat (Secretaría Técnica Nacional Ambiental, SETENA), as the environmental authority of the Costa Rican State, shall supervise that the submitted document complies with the technical guidelines established through this Decreto Ejecutivo and, if they do comply, shall accept the information presented as true and veracious, by way of a sworn statement. Based on the data provided, SETENA could make decisions regarding the Environmental Viability (Viabilidad Ambiental) of the proposed activity, work, or project, so that if false or erroneous information were provided, the responsible professional shall not only be responsible for this fault but also for the consequences of the decision that SETENA and the developer may have made as a result of such data. In the event that the activity, work, or project does not require earthworks (movimientos de tierra), the environmental consultant may justify the non-submission of the rapid archaeological form.
| RAPID ARCHAEOLOGICAL INSPECTION FORM NATIONAL ENVIRONMENTAL TECHNICAL SECRETARIAT INSPECTION REPORT | | | | --- | --- | --- | | SETENA File No. 1 Inspection Date | | | | A. Developer Information (the natural or legal person, public or private) undertaking the activity, work, or project. | | | | 1. Name of the person responsible for the activity, work, or project. | | | | 2. Name of the developer (whether a company or natural person). | | | | 3. Telephone. | | | | B. Information on the Activity, Work, or Project. | | | | 4. Type of activity, work, or project. | | | | 5. Name of the activity, work, or project. | | | | B.1. Geographic Location of the Project Area. | | | | 6. (Province, Canton, District). | | | | 7. Current coordinates. | | | | B.2 Project Area (AP). | | | | 8. Total project area (Ha. or m2). | | | | 9. Direct impact area (Ha. or m2). | | | | 10. No. of cadastral plan(s). | | | | 11. Have earthworks (movimientos de tierra) been carried out? ()Yes () No m2. % of AP | | | | 12. Magnitude of the earthworks (movimientos de tierra). | | | | | 13. Current existing infrastructure in the AP. | | | | 14. Current use of the AP. | | | | C. Inspection Information. | | | | 15. ( ) First Inspection ( ) Revisit | | | | 16. Methodology ( ) Asystematic ( ) Systematic ( ) Total Survey ( ) Partial Survey ( ) Test Pits (Cateos) ( ) Selective clearing of topsoil ( ) Observation of cuts and profiles ( ) Transects ( ) Other | | | | 17. Explain the land survey pattern. | | | | 18. Surface observation by vegetation cover density ( ) Total ( ) Partial ( ) None | | | | C1. Archaeological Resources. | | | | 19. Are there materials or cultural features () Yes () No | | | | 20. Type of material ( ) Ceramic ( ) Lithic () Other | | | | 21. Type of feature ( ) Tomb ( ) Causeway (Calzada) ( ) Mound (Montículo) ( ) Foundation (Basamento) ( ) Shell Midden (Conchero) ( ) Other | | | | 22. Is cultural material observed on adjacent properties? () Yes () No | | | | 23. Explain the type of evidence observed. | | Technical Guidelines for Completing the Archaeological Inspection Form.
1. Name of the person responsible for the activity, work, or project.
Enter the name of the natural person in charge of it.
2. Name of the developer (whether a company or natural person).
Legal name of the developer of the activity, work, or project to be developed.
3. Telephone.
Telephone number of the developer of the activity, work, or project.
4. Type of activity, work, or project.
Refers to the type of activity, work, or project it responds to. For example: residential, tourism, hydroelectric, poultry, others.
5. Name of the activity, work, or project.
The name under which the activity, work, or project was submitted to SETENA must be indicated.
6. Location of the activity, work, or project: Province, Canton, District.
Note the political-administrative location of the activity, work, or project.
7. Coordinates The location of the activity, work, or project by current coordinates.
8.
) Total project area (Ha. or m2) Note the size of the land where the activity, work, or project will be developed.
9. Direct impact area (Ha. or m2).
The direct impact area of the project refers to the land to be used in the construction of buildings, platforms, access roads, ramps, and any other area that will be modified to enable the activity, work, or project.
10. Number of cadastral plan(s).
Note the number of the cadastral plan covering the total project area.
11. Have earthworks (movimientos de tierra) been carried out?
State whether surface earthworks (movimientos de tierra) have occurred and what percentage of the project area they cover. Indicate whether the earthworks are old or recent.
12. Magnitude of the earthworks (movimientos de tierra).
Implies that deep cuts have been made in the ground; therefore, the volume of removed earth will be estimated.
13. Current existing infrastructure in the AP.
If works are located within the project.
14. Current use of the AP.
Whether the project area is being used and for what type of activity, work, or project.
15. Inspection Information Whether it is the first inspection.
16. Inspection methodology.
Mark the corresponding one on the form.
17. Explain the land survey pattern.
The selection of the alternative and the percentage of land covered in the inspection must be explained.
18. Surface observation by cover density.
How much land could actually be surveyed despite the vegetation cover of the AP.
19. Are there materials or cultural features?
The presence/absence of one or several cultural features must be indicated, understood as any material evidence of pre-Hispanic activity.
20. Type of material: Ceramic, Lithic, Other.
Pre-Hispanic ceramic is any fragment or complete piece made from fired or dried clay. Lithics are instruments, tools, or waste, complete or fragmented, made from different types of rocks.
21. Type of feature.
There are many types of cultural features. Some of them are:
-Tomb: funerary pit dug directly into the earth or using different types of stone to make the box inside which the funerary bundle was placed.
-Causeway (Calzada): cobbled road.
- Mound (Montículo): artificial accumulation of earth and stones generally with an external wall made from river cobbles as a retaining wall. This can be circular, rectangular, or a combination of these two basic shapes. Its use could have been ritual, residential, or funerary, and even a combination of these.
- Foundation (Basamento): The foundation appears as a line or row of cobbles arranged in a circular or rectangular shape at ground level, meaning it is not a platform. Its use has been indicated as possibly residential or domestic (kitchen).
22. Is cultural material observed on adjacent properties?
Only the presence/absence of archaeological materials must be indicated.
23. Explain the type of evidence observed.
Only indicate whether remains of archaeological materials or features were observed with the naked eye on the neighboring property.
24. Density of material per m2.
Material density refers to the quantity of archaeological materials (ceramic or lithic), observable with the naked eye on the land surface.
25. Was an archaeological site registered?
It must be explicitly stated whether an archaeological site not previously reported is located as a result of the inspection. Additionally, the site registration sheet, properly completed, must be attached to this report.
26. Site name(s) and code(s).
The site name is what it will be called from now on. The rule for naming a site is to take it from the surrounding geography, flora, or fauna; proper names or denominations completely foreign to the country's archaeological context are not recommended. The site code must be requested from the Anthropology Department of the Museo Nacional. The code corresponds to the consecutive number kept in the Site Registry, which is composed of that number plus the abbreviated name of the site.
27. Approximate extent of the archaeological site in m2.
A basic piece of data for each registered archaeological site is its area, regarding the dispersion of surface material.
28. Map or sketch.
This item indicates the type of graphic record made of the archaeological site during the inspection.
29. Observations.
If necessary, the documents attached to expand the information provided in the form must be indicated.
30. Name and ID number of the inspector.
Write the full name and identity or identification card number of the person conducting the inspection.
31. SETENA environmental consultant number.
Write the environmental consultant registration number granted by SETENA and the year.
32. Name and ID of the developer or their representative.
Note the full name with surnames and identity card number of the owner (developer) of the activity, work, or project for which this type of study is requested. Natural persons who do not have Costa Rican citizenship may use their passport number, residence permit, or any other official document valid in Costa Rica. When this is the case, the type of identification used must be detailed.
In cases where the developer is a legal entity, the corporate name or business name, the legal entity ID number, and full name must be indicated.
ENVIRONMENTAL HYDROGEOLOGY OF THE PROPERTY.
Professional responsibility for the information provided.
The professional or professionals signing the hydrogeology study and the natural hazards table shall be the direct responsible parties for the technical-scientific information they provide therein. In view of this, the National Environmental Technical Secretariat (Secretaría Técnica Nacional Ambiental, SETENA), as the environmental authority of the Costa Rican State, shall supervise that the submitted document complies with the technical guidelines established through this protocol and, if they do comply, shall accept the information presented as true and veracious, by way of a sworn statement. Based on the data provided, SETENA could make decisions regarding the Environmental Viability (Viabilidad Ambiental) of the proposed activity, work, or project, so that if false or erroneous information were provided, the responsible professionals shall not only be responsible for this fault but also for the consequences of the decision that SETENA and the developer may have made as a result of such data. Likewise, the responsible professional may technically justify the non-submission of these studies when they determine that the type of activity to be developed does not require it.
Thematic content of the environmental hydrogeology study report for the property.
1. Cover page.
2. Professional responsibility document.
3. Local geological characterization.
4. Hydrogeological data of the immediate surroundings (Map of hydrogeological elements).
5. Conceptual model of the aquifer.
6. Vulnerability and contaminant transport analysis.
7. Summary of results and technical conclusions indicating the technical viability for the project's development.
8. Bibliographic references.
9. Appendices.
GOD Method When data are scarce, do not completely cover the study territory, or are uncertain, the application of various methodologies for evaluating intrinsic vulnerability (DRASTIC, SINTACS) leads to making risky assumptions. In contrast, the GOD method (Foster, 1987; Foster & Hirata, 1991) was specifically developed for areas where information about the subsurface and groundwater systems is scarce (Custodio, 1995). Furthermore, it has a simple and pragmatic structure that makes it superior to other methods in interpreting results. The GOD method estimates the vulnerability of an aquifer by multiplying three parameters representing three types of spatial information.
G: type of aquifer (Groundwater occurrence).
O: Lithology of the unsaturated zone (Overlying lithology).
D: Depth of groundwater (Depth of groundwater).
The product of these components yields a vulnerability index that can vary between 0 and 1, indicating vulnerabilities ranging from negligible to extreme. The fact of not directly considering the soil can be corrected by incorporating sub-indices that consider the attenuation capacity (clay content) and degree of soil fracturing (permeability).
The significant simplifications introduced in this method are justified by the actual availability of data, but as a trade-off, definition is lost, and it is not possible to differentiate one type of contaminant from another.
References:
Custodio, E. 1995: Vulnerabilidad de los acuíferos a la polución. Seminario Internacional de Aguas Subterráneas, Chile.
Foster, 1987: Fundamental concepts in aquifer vulnerability pollution risk and protection strategy. Proc Int Conf. « Vulnerability of Soil and Groundwater to Pollutants » (Noordwijk, The Netherlands.
Foster, S. & Hirata, R. 1991: Determinación del riesgo de contaminación de aguas subterráneas, una metodología basada en datos existentes: Lima, CEPIS, 81 p.
The fundamental objective of this part is to obtain, in a clear and concise manner, data on the consumption or impact requirements, the possible impacts of the project on the different environmental components, and other risks that the activity, work, or project will pose during its execution (construction and operation).
The D-1 form's fundamental objective is to serve as a technical instrument for executing the first phase of the ETA, the so-called Initial Environmental Evaluation (Evaluación Ambiental Inicial), whose purpose is to determine if the proposed activity, work, or project is viable from an environmental point of view and whether or not it requires a more in-depth environmental analysis through a more detailed environmental evaluation instrument.
The developer and the environmental consultant signing the D-1 shall be responsible for the legal, technical, and environmental information provided in said document, which they will present under the concept of a Sworn Statement, knowing and being aware that such information is veracious, current, and truthful, and that otherwise, criminal consequences may arise from the act.
In Annex 11-B, the Guide for Completing Document D 1 is attached. In order to facilitate and guide users on completing the Document of Environmental Evaluation D 1, SETENA provides a detailed explanation that will facilitate the execution of this process.
Document D-1 has 6 main parts: A. General Information, B. Basic Characterization of the AP, C. Basic Services in the Construction/Operational Stages, D. Summary Table exclusive for construction projects, E. Initial Environmental Evaluation: l. Air-Water Impact, 2. Impact on Soil, 3. Biotopes, 4. Human Impact, and 5. Other Risks, and 6. Weighting Criteria.
1 General indications for completing the cases.
a. The responsible consultant, in coordination with the developer and, if required, with other professionals related to the design and planning of the activity, work, or project, shall fill out each of the rows of the form according to its particular conditions and those of its AP, and must indicate the case that best represents the situation to be generated.
b. The case must represent the environmental situation taking into account the highest consumption or effect to be generated, regardless of whether it occurs during construction or operation. It should not be the average but rather the most extreme or high situation that will occur and, consequently, could generate the greatest environmental impact.
c. Each case has a numerical value, which will be placed in the column designated as "y" on the D-1 form. In the situation where a particular topic does not apply, does not produce, there is no impact, or could generate the minimum impact for the activity, work, or project under analysis, a numerical value of "one" will be placed in the corresponding "y" box. All spaces with the "y" rating for the cases must be filled in.
2 Air-Water Impact This component is subdivided into two main sub-components: 1.1 Air, and 1.2 Water.
1.1 Air. This box is in turn divided into the following three effects:
1.1.1 Emissions: This refers to the production of substances (particles or gases) that can be released into the atmosphere and particularly into the air of the AP and its area of influence, from:
1.1.1.1 Stationary sources (boilers, chimneys, stationary engines, sites of particle erosion and wind-driven transport, etc.); 1.1.1.2 Mobile sources (vehicles, heavy machinery such as tractors, dump trucks, cranes, etc.); and 1.1.1.3 Ionizing radiation (or originated by high-frequency electromagnetic fields, of alpha, beta, proton, X-ray, gamma, or neutron types).
The developer and environmental consultant must state whether emissions are produced and the source of these, for which they will proceed to mark the corresponding box.
1.1.2 Contribution of general emissions to atmospheric pollution with odors, gases, and other effects: related to various factors of air pollution by cumulative effect, such as odors, gases, noise, and other effects. The developer and environmental consultant must state whether or not immissions are produced, for which they will proceed to mark the corresponding box.
1.1.3. Noise and vibrations: evaluates the production of noise and vibrations, within the limits established in the current regulation, and assesses whether such condition can be confined or not.
The developer and environmental consultant must state whether or not noise and vibrations are produced and whether they can be confined or not.
1.2 Water. This box is in turn divided into the following three effects:
1.2.1 Surface runoff water, whose purpose is to assess the net environmental effect that the activity, work, or project will entail regarding the surface runoff that flows through the AP and that generates a cumulative effect on the drainage system receiving this flow.
The developer and environmental consultant must indicate the percentage of increase in flow and mark the corresponding box.
1.2.2 Ordinary wastewater refers to blackwater and graywater produced by people's activities, and the way in which they are planned to be managed in the activity, work, or project to be developed.
The developer and environmental consultant must indicate the disposition that will be given to the production of this type of water and mark the corresponding box.
1.2.3 Special type wastewater refers to all those wastewaters that are neither ordinary nor stormwater and are produced in the various types of productive activities undertaken by human beings. Based on this, and as a condition for the development of the activity, work, or project, compliance with the provisions of the current regulatory framework must be met.
The developer and environmental consultant must indicate the disposition that will be given to the production of this type of water and mark the corresponding box.
3. Impact on Soil 1.3 Impact on soil.
This box seeks to determine if the activity, work, or project implies a modification or change of land use (uso del suelo) in the AP, with respect to the current land-use situation, and the generation of different types of waste.
Component 1.3 Soil is divided into five subcomponents: 1.3.1. Solid waste, 1.3.2 Hazardous waste, 1.3.3 Earthworks (movimientos de tierra), 1.3.4 Soil disposal, and 1.3.5 Construction density.
1.3.1 Solid waste:
1.3.1.1 Ordinary, in accordance with the provisions of current regulations on the subject, particularly those issued by the Ministry of Health.
1.3.1.2 Special, in accordance with the provisions of current regulations on the subject, particularly those issued by the Ministry of Health.
1.3.1.3. Debris. In all these effects, in addition to identifying whether that type of waste will be produced, indicate the disposition that will be given to it, in compliance with the current legislation on the subject.
1.3.2 Hazardous waste:
1.3.2.1 Chemical, in accordance with the provisions of current regulations on the subject. For applicable cases, it will be identified whether this type of waste is produced, and the management and final disposition to be given to it will be indicated.
The developer and environmental consultant must indicate the disposition that will be given to the production of this type of water and mark the corresponding box.
1.3.2.2 Radioactive, in accordance with the provisions of current regulations on the subject. For applicable cases, it will be identified whether this type of waste is produced, and the management and final disposition to be given to it will be indicated.
The developer and environmental consultant must indicate the disposition that will be given to the production of this type of water and mark the corresponding box.
1.3.2.3 Biological, in accordance with the provisions of current regulations on the subject. For applicable cases, it will be identified whether this type of waste is produced, and the management and final disposition to be given to it will be indicated.
The developer and environmental consultant must indicate the disposition that will be given to the production of this type of water and mark the corresponding box.
1.3.3 Earthworks (movimientos de tierra): Its purpose is to identify whether or not earthworks (movimientos de tierra) will exist, the volume to be mobilized, and the disposition that would be given to these lithic materials. When the material from earthworks must be taken outside the AP, the regulations established by current legislation on the transport, final accumulation site, and management to be given to those lithic materials must be complied with, which must be processed before the corresponding authorities.
The developer and environmental consultant must mark the corresponding box.
1.3.4 Soil disposal: its purpose is to identify whether soil needs to be disposed of inside or outside the AP, as a result of earthworks (movimientos de tierra). When the material from earthworks must be taken outside the AP, the regulations established by current legislation on the transport, final accumulation site, and management to be given to those lithic materials must be complied with, which must be processed before the corresponding authorities.
The developer and environmental consultant must mark the corresponding box.
1.3.5 Construction density. It can be measured in square meters and is the area covered by the building's construction, as well as impermeable areas.
1.4 Biotopes 1.4 Biotopes.
The developer and environmental consultant must state whether or not fauna and flora are affected and the level of impact, for which they will proceed to mark the corresponding box.
In the event that the AP where the activities, works, or projects are located is partially or totally within an Environmentally Fragile Area (Área Ambientalmente Frágil, AAF), in accordance with the provisions of this Environmental Impact Assessment Regulation (Reglamento de Evaluación de Impacto Ambiental), and which is relevant from a biological point of view, especially when dealing with mangroves and other types of wetlands protected by legislation; a rapid biological study must be available as a basis for completing this box, which determines the main biotopes present in the AP and the way in which the activity, work, or project could affect them during its development. Such a study must be carried out to the extent that the activity, work, or project will cause a direct impact on sensitive biotopes, according to the judgment of a biology professional. If the AP is not located in an environmentally fragile area, it will suffice to attach a certification from the environmental consultant stating that sensitive biotopes will not be affected.
This box refers to the potential impact that the execution of the activity, work, or project may cause on the local ecosystem of the AP, and particularly on those that, by their nature, may be considered sensitive or fragile.
The sub-component is divided into:
1.4.4.1 Fauna: sensitive species that could be affected within the AP.
1.4.4.2 Flora: type of vegetation cover (cobertura vegetal) that could be affected within the AP.
1.5 Human impact 1.5 Human Impact.
This component is subdivided into three main sub-components: 1.5.1 Social, 1.5.2 Cultural, and 1.5.3 Roadways.
1.5.1 Social. This box is in turn divided into the following two effects:
1.5.1.1 Employment generation, the generation of employment or work that could be created as a consequence of the new activity, work, or project. The developer and consultant must indicate the number of new positions they expect to generate and check the corresponding box.
1.5.1.2 Mobilization, relocation, transfer of people from the AP, the emigration that the development of the activity, work, or project could eventually produce in the residents occupying the AP or its immediate direct area of influence. The developer and environmental consultant must indicate whether or not emigration occurs and check the corresponding box based on the estimated percentage of emigration.
1.5.2 Cultural. This box is further divided into the following two effects:
1.5.2.1 Landscape, assesses the effect that the infrastructure development of the activity, work, or project has on the existing landscape. The developer and environmental consultant must indicate whether or not there is an impact on the landscape and check the corresponding box.
1.5.2.2 Heritage, The scientific, architectural, and archaeological heritage, the potential impact that could occur on any of these. The developer and environmental consultant must check the corresponding box based on the impact.
1.5.3 Roadways, seeks to obtain an approximate quantitative figure on the effects that the development of the activity, work, or project could have on existing roadways in the AP or its vicinity. In cases of urban development projects (residential, industrial, commercial, and mixed) located within urban areas of moderate and high occupancy density, and with access and vehicular traffic situations that may present evident traffic congestion conditions, particularly during "peak hours," the required measures to mitigate the roadway impact must be presented.
2. Other Risks 2. Other Risks.
This component is subdivided into five main sub-components: 2.1 Fossil Fuel Management, 2.2 Agrochemical Management, 2.3 Hazardous Substances Management, 2.4 Radioactive Material Management, and 2.5 Biorisk Management.
2.1 Fossil Fuel Management, refers to whether, within the facilities of the activity, work, or project, quantities (regulated within the legal framework) of fossil fuels (diesel, gasoline, bunker, gas, and other similar) will be stored and managed, in order to establish an estimate of those quantities and the regulatory framework that must be complied with.
2.2 Agrochemical Management, relates to the use and management of fertilizers and pesticides in the activity, work, or project, in quantities regulated by current legislation.
2.3 Hazardous Substances Management, refers to the potential use that may occur in the activity, work, or project of substances not included as part of other risks (fuels, agrochemicals, radioactive, and bio-infectious), which, due to their toxic, ecotoxic, corrosive, oxidizing, explosive, flammable, reactive nature, or because they release toxic gases upon contact with water or air, are considered hazardous and therefore must be reported and managed in accordance with the provisions of the country's current regulations.
2.4 Radioactive Material Management, aims to ensure that it is reported and recorded if the activity, work, or project would use radioactive material, and would therefore be controlled by compliance with the country's current regulations on this subject.
2.5 Biorisk Management, seeks to identify all those elements of the activity, work, or project that may represent a source of risks of biological origin (infections, microbiological, genetic, or other types) to the health of living beings and particularly of human beings.
For all the previous cases, the developer and the environmental consultant must indicate whether or not there is management of these substances or materials and check the corresponding box.
As part of completing the D-1 form, in the Initial Environmental Assessment section, five columns appear on the right side of the different aspects being evaluated, in which the legal framework regulating each topic is identified and referenced, which have been defined as the value "z". For such purposes, Annex No. 5 of this guide presents the current legal framework that regulates the environmental management of activities, works, or projects. This legal framework is presented ordered and classified, according to the level of specification and degree of depth of the regulation, into five categories (a, b, c, d, e).
According to this classification, a pre-set value was established for each component or sub-component under analysis, which is incorporated into Form D-1, under the corresponding category (value of "z").
Once the corresponding regulatory framework is recognized, the value of "X" established in the following column is calculated, using the equation "X = Z . Y", where "Z" corresponds to the value indicated in the form for the regulatory framework and "Y" the value obtained for each of the aspects in the previous section. The result "X" represents the value of the Preliminary Environmental Impact Significance (Significancia de Impacto Ambiental, SIA) for each component or sub-component analyzed in Form D-1. This value is calculated automatically in the electronic D-1.
If during the process of completing Form D-1 the responsible consultant does not agree with the rating given by SETENA in the regulatory framework, they may request from said Technical Secretariat, in writing, the reasons and arguments why they consider that the rating established for the given environmental aspect should be analyzed and reviewed. They must attach a copy of the legal instrument on which they base their argumentation. SETENA will evaluate and respond to the case within the period established by law, and if an adjustment is approved, it will be incorporated into the next revision of the "Environmental Legal Framework that regulates the environmental management of activities, works, and projects in Costa Rica" (Annex No. 5 of this guide).
In using the electronic format of the D-1, when the value of the Preliminary SIA (value "x"), calculated in the previous section, is 6 points or more, in which case the "X" box will appear in a "yellow" or "red" color, the impact is considered significant. In this case, the responsible consultant may, alternatively, indicate the main environmental measures that would be applied to prevent, mitigate, correct, or compensate the environmental impact that would be generated.
The way to add environmental measures for significant impacts.
a. If at the responsible consultant's discretion it is desired to add an annex with environmental measures, they may attach it to the environmental measures of the D-1, for each case in which such measures are proposed. It must be indicated whether said measures will be applied during the construction or during the operation of the activity, work, or project, and d) the measures must be complementary to what is established in the current legal framework and to what is established in the Code of Good Environmental Practices defined through Decreto Ejecutivo No. 32079 - MINAE.
Purpose, scope, and measurement variables of the Environmental Impact Significance (Significancia de Impacto Ambiental, SIA).
In this part, the summation of the individual data for each environmental aspect/effect obtained by virtue of the defined cases and their corresponding legal framework (value of Preliminary Environmental Impact Significance -SIA-) is carried out, from which the assessment of the Integral STA of the activity, work, or project under analysis continues.
a. In Form D-1, for the last row, called "Assessment by effect," the summation data for "X" or the value of the Preliminary Environmental Impact Significance (SIA) for each of the main analysis components (for example: water, soil, energy, etc.) will be placed.
b. Upon completion of Form D-1, all the values of "X" for each component will be summed. This data, symbolized as "∑", represents the "preliminary SIA value," and is automatically placed in box 1 of Part 5- Weighting Criteria of Form D-1.
c. The assessment of the SIA must be adjusted based on two aspects: 1) the existence or not of regulations, standards, or guides applicable to the construction and operation of the activity, work, or project; and 2) the classification of the area according to the project's location zone. These aspects must be assessed following these steps:
Step 1 The consultant and developer must obtain the Environmental Impact Significance Value adjusted by the applicable regulations, standards, or guides (SIAR), for which they will proceed to multiply the preliminary SIA value, represented as already indicated, with the sign "I" and will multiply it by a value "p", that is, they will apply the following formula:
Where the weighting factor "p" may take the following values:
· The value will be "1", when there is a specific regulation on environmental matters applicable to the operation of the activity, work, or project. In this case, the developer and environmental consultant must check the corresponding box and indicate the number or numbers of applicable Decretos Ejecutivos.
· The value will be "0.75", when there is an environmental standard or guide for construction and operation, as applicable, which the developer commits to comply with. In this case, the developer and consultant must indicate the complete reference of the standard or guide they would adhere to in order to regulate the activity, work, or project. When opting for compliance with said environmental standard or guide, it will become mandatory for the developer, as applicable, from the moment SETENA grants environmental viability and will form part of the environmental commitments established. Except for those parts of the environmental standard or guide that must be complied with prior to the granting of environmental viability (license). The responsible environmental consultant or the developer must check the corresponding box, it being recommended to attach a copy thereof in the documentation annexed to Form D-1.
· The value will be "2", when there is no specific regulation on environmental matters applicable to the operation of the activity, work, or project. In this case, the developer and environmental consultant must check the corresponding box.
Step 2 Once the SIAR value is obtained, the Final Environmental Impact Significance value (SIAF) must now be obtained, multiplying the SIAR value by a "P" value, which gives a weighting based on the area in which the project, work, or activity is located, applying the following formula:
SIAF = SIAR . P Where the weighting factor "P" may take the following values:
· The value will be "0.5" when the project is located in a location authorized by a Regulatory Plan or other environmental land-use planning, approved by SETENA, including the environmental variable according to the methodology established by this Secretariat.
· The value will be "1", when the project is located in a location where a Regulatory Plan exists, but it is not approved by SETENA.
· The value will be "1.5", when the project is located in an area where no Regulatory Plan exists.
· The value will be "2" when the project, work, or activity is located in an environmentally fragile area in accordance with the provisions of this General EIA Regulation. The only possible exception to this aspect is that, even being in such an area, there exists a Regulatory Plan or other environmental land-use planning, approved by SETENA, including the environmental variable according to the methodology established by this Secretariat, in which case it will be multiplied by "0.5".
Classification of the activity, work, or project according to the SIAF rating Once the SIAF value is obtained, the classification of the activity, work, or project is carried out.
a. By virtue of the score values obtained for different theoretical runs prepared by SETENA, it was possible to obtain three SIA ranges, namely: a) Low (55-352), b) medium (235-438) and c) high (584-940). On this basis, and considering the individual analysis of the various theoretical runs executed, three critical thresholds have been established as a basis for decision-making. These thresholds are:
.EsIA - Greater than or equal to 700 SIA points.
.P-PGA - Greater than 330 and less than 700 SIA.
.DJCA - Less than or equal to 330 SIA.
Decision-making based on the SIA results.
b. Based on the results obtained during the SIA rating, and by virtue of the provisions of article 18 of the indicated General EIA Regulation, SETENA will request the following technical instruments of the EIA process:
1. High SIA: DI+EsIA - Greater than or equal to 700 = Category A 2. Moderate to High SIA: DI+ P-PGA - Greater than 330 and less than 700 = Subcategory B1.
3. Moderate to low SIA: DI+ DJCA - Less than or equal to 330 = Subcategory B2
Introduction.
As part of the Environmental Impact Assessment process for an activity, work, or project, it is essential that both the environmental authority and the developer of an activity, work, or project and their environmental consultant know and apply the legal framework that regulates, with varying "depth," each of the environmental aspects/effects that could occur during the execution of that human action.
The "depth" or "detail" with which an environmental aspect/effect can be regulated varies depending on the hierarchy of the legal instrument that can be applied and the generality or degree of specificity it implies. For this reason, SETENA has established, as part of the D-1, a series of 5 rows related to the regulatory framework governing each environmental aspect/effect.
The regulatory framework established in the D-1, following a logical scheme of hierarchy and specificity and detail of the norm, has been divided into 5 levels which are:
a. Norms established at the level of the Political Constitution of the Republic. International Treaties and Conventions, ratified by the Legislative Branch.
b. Norms established at the level of laws of the republic, whether these are general, organic, or specific, approved by the country's Legislative Branch.
c. Norms established at the level of general regulations, based on laws of the Republic and published as a Decree of the Executive Branch of the nation.
d. Norms established at the level of specific regulations, based on laws of the Republic or general regulations, and that have the particularity of regulating one or more particular environmental aspects/effects (for example: earthworks (movimientos de tierra), tree felling, solid waste, impact on archaeological sites, discharge of treated wastewater, etc.). Within this hierarchical level, directives and binding agreements officially disclosed by the technical or legal authorities of the Costa Rican state are also included.
e. Norms established at the level of special regulations that regulate a specific environmental aspect/effect or a given environmental factor (for example: air, surface water, groundwater, flora, fauna, landscape, etc.) and that have the particularity of integrating the environmental impact variable as part of it.
For each of the normative levels of the regulatory framework described in the previous paragraph, SETENA, with technical support internal and external to the institution, through workshops called Kaizen, coordinated with PROCOMER, carried out a review of the regulations established in the Manual of Technical Instruments for the Environmental Impact Assessment Process (MANUAL DE EIA)-Part II, decree No. 32712-MINAE, and by virtue of applying technical and logical reasoning, has established an assessment of the scope of the regulation evaluated to the extent that it integrates guidelines and directives defining parameters, measures, and actions whose application and compliance lead to the protection of the environment or one of its components. All this, under the precept that these terms are those that society and the Costa Rican state have set and established as part of their regulatory framework.
By virtue of the review carried out by SETENA, and because it is the responsibility of this Technical Secretariat, due to its responsibility in the field of EIA, to know and have available the information of the regulatory framework governing the environmental aspects/effects of the different activities, works, or projects presented to it, it is in the thematic tables of the legal framework presented below that the assessments of the available regulations have been established as a basis for rating.
Because the legal framework that regulates the environmental management of activities, works, or projects in Costa Rica, presented below, evolves and changes, this Technical Secretariat will carry out a review of the regulations at a maximum frequency of three years and will update them and keep users of the EIA system informed about this situation, through its digital platforms.
| Código de Identificación | Instrumento Jurídico | Número y Publicación | Calificación de la Regulación |
|---|
| l.1 | Ley de aguas | Ley No. 276 de 27 de agosto de 1942 | Publicada en La Gaceta No. 190 de 28 de agosto de 1942 | b |
| l.2 | Ley general de agua potable | Ley No. 1634 de 18 de septiembre de 1953 | Publicada en La Gaceta del 2 de octubre de 1953 | b |
| l.3 | Ley Constitutiva del Instituto Costarricense de Acueductos y Alcantarillados | No. 2726 | Publicada el 20 de abril de 1961 | b |
| Código de Identificación | Instrumento Jurídico | Número y Publicación | Calificación de la Regulación |
|---|
| 1.4 | Ley de creación del servicio nacional de aguas riego y avenamiento (SENARA) | Ley No. 6877 de 18 de julio de 1983 | La Gaceta No. 143 del 29 de julio de 1983 | b |
| 1.5 | Ley que Autoriza a Instituto Costarricense de Acueductos y Alcantarillados a contratar empréstitos | No. 6622 del 27 de agosto de 1981 | | b |
| 1.6 | Reglamento técnico para la regulación del cloro líquido para tratamiento de agua | Decreto Ejecutivo No. 30045-S de 26 de noviembre del 2001 | Publicado en La Gaceta No. 4 de 7 de enero del 2002 | c |
| 1.7 | Norma técnica para diseño y construcción de sistemas de abastecimiento de agua potable y saneamiento de aguas | Nº 281-2017 | Publicado en La Gaceta No. 180 del 22/09/2017 | d |
| 1.8 | Principios que rigen la Política Nacional en Materia de Gestión de Recursos hídricos | No. 30480 | Publicado en La Gaceta No. 112 de 12 de junio del 2002 | c |
| 1.9 | Reglamento de normas técnicas y procedimientos para el mantenimiento preventivo de los sistemas de abastecimiento de agua | No. 2001-175 | Publicado en La Gaceta No. 154 de 13 de agosto del 2001 | d |
| 1.10 | Reglamento para la calidad del Agua Potable | Nº 38924-S | Publicado en La Gaceta No. 170 del 1-9-2015 | d |
| 1.11 | Reglamento para la perforación de pozos y aprovechamiento de aguas subterráneas | Nº 43053- MINAE. | La Gaceta No. 175 del 10-9-2021 | c |
Section III. Topic No. 2: Soil/Subsoil (as a support for the development of urban development activities, agricultural and livestock activities, mining, and tourism development activities in the maritime-terrestrial zone, among others)
| Código de Identificación | Instrumento Jurídico | Número y Publicación | Calificación de la Regulación |
|---|
| 2.1 | Ley de construcciones | | Decreto Ley No. 833 de 4 de noviembre de 1949 | b |
| 2.2. | Ley orgánica del consejo nacional de producción | No. 2035 | Modificada íntegramente por la Ley No. 6050 de 14 de marzo de 1977 | b |
| 2.3 | Ley de tierras y colonización | No. 2825 | Publicada en La Gaceta No. 242 de 25 de octubre de 1961 | b |
| 2.4 | Ley de planificación urbana | Ley No. 4240 de 15 de noviembre de 1968 | Publicada en La Gaceta No. 274 de 30 de noviembre de 1968 | b |
| 2.5 | Ley General de Caminos Públicos | No. 5060 | Publicada en La Gaceta No. 158 de 5 de septiembre de 1972 | b |
| 2.6 | Ley sobre la zona marítimo terrestre | Ley No. 6043 de 2 de marzo de 1977 | Publicada en Alcance No. 36 a La Gaceta No. 52 de 16 de marzo de 1977 | b |
| 2.7 | Código de minería | Ley No. 6797 de 4 de octubre de 1982 | Publicada en La Gaceta No. 230 de 3 de diciembre de 1984 | b |
| 2.8 | Ley de fomento a la producción agropecuaria | Ley No. 7064 de 29 de abril de 1987 | Publicada en La Gaceta No. 87 de 08 de mayo de 1987 | b |
| 2.9 | Ley de Creación del programa de reconversión productiva del sector agropecuario | No. 7742 | Publicada en La Gaceta No. 10 del 15 de enero de 1998 | b |
| 2.10 | Ley de uso, manejo y conservación de suelos | Ley No. 7779 de 30 de abril de 1998 | Publicado en La Gaceta No. 97 del 21 mayo de 1998 | b |