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Environmental Management System of Costa Rica

Environmental Legislation

Law/Regulation Summary Enforcement
The Water Law # 276, 27/8/1942 Regulates a) the common use of waters; b) infrastructure and land drainage; and c) measures to ensure conservation. The Water Department (MINAE)
The General Law on Potable Water # 1634, 18/9/1953 Regulates the planning, designing, construction, operation, and maintenance of potable water supply systems. Establishes sanctions. The Costa Rican Institute of Water and Drainage Systems (IICA); and the Ministry of Health
The Urban Planning Law #4240, 29/10/1968 Regulates the country's housing and urbanization policies. Establishes the National Plan for Urban Development, the Municipal Zoning Plans, Urban Planning, and Land Use. This Law prohibits land-planning schemes that are not compatible with zoning established in the Municipal Zoning Plans. The National Institute of Housing and Urbanizing (INVU); and the Municipalities
The General Health Act #5395, 24/11/1973 In order to fulfill its objective of protecting citizens' health, it sets standards and requirements for those activities that may potentially or effectively affect environmental health. Ministry of Health (MS)
The Coastal Maritime Zone Act #6043, 02/03/1977 Defines public and restricted zones that comprise the so-called coastal maritime zone, establishes the duties of the Tourism Bureau, the Municipalities, and the General Attorney's Office. Regulates concession- related aspects and establishes certain sanctions. Tourism Bureau (ICT); the Municipalities, and the National Institute of Housing and Urbanizing (INVU)
The Mining Code #6797 22/10/82 Regulates the exploitation of mineral resources, all of which are considered to be part of the public domain. It declares void all permits and concessions granted on those areas declared of interest for the protection of forest, water, wildlife, or cultural resources by the Legislative Assembly. Geology and Mining Directorate (DGM-MINAE)
The Wildlife Conservation Act # 7317, 14/10/1992 Creates regulations on wildlife concerning hunting, extraction, offshore and inshore fishing, wildlife refuges, and import and export of wildlife. MINAE
The Hydrocarbons Act #7399, 03/05/1994 Regulates the development, promotion and control of oil exploitation and other hydrocarbons. It also seeks to protect and preserve the environment. General Directorate on Hydrocarbons (MINAE)
Organic Law on the Environment # 7554, 13/11/1995 It establishes the primary guidelines, procedural mechanisms and legal framework for the protection and enhancement of the environment and natural resources. It also grants the State an active role in preventive actions and pollution control. MINAE, Ministry of Agriculture and Livestock raising, and the Ministry of Health
The Forestry Act #7575, 16/4/1996 Establishes the essential state functions to ensure the conservation, protection and proper management of forests, as well as the production, use and industrialization of forest resources based on a vision of sustainable development MINAE
The Phytosanitary Act #7664, 02/05/1997 Promotes the integrated management of pests, as well as other sustainable productive practices. It also regulates the use, application and management of chemical and biological substances, their import and registration, as well as control of harmful residues. MAG
The Biodiversity Act # 7788, 30/04/1998 Ensures the conservation and sustainable use of biodiversity, as well as the equitable distribution of derived benefits and costs. Creates the National Commission for Biodiversity Management and the National System of Conservation Areas. MINAE
The Land Use Management and Conservation Act #7779, 21/05/1998 Promotes land use planning through land classification. This classification will allow a balance between actual and potential land use. Additionally, it promotes an active community and productive sector participation in decision-making processes on land use and conservation. It also establishes agro-ecology as a means to ensure agricultural production and land and water resources conservation. MAG and MINAE
Decree No. 19886: Forestry Act Regulation, 27/08/90 Establishes the organization and competency of the forestry administration. Creates the Forestry Fund and the National Forestry Council. Sets forth the requirements on forest lands and forest management and regeneration. Creates incentives for the management and regeneration of forests in private lands. MINAE
Decree No. 26435: Wildlife Conservation Act Regulations. 03/12/1997 Lists the species that must be considered Flora or Fauna. Regulates import of exotic species, and procedures for concession, permit or license granting. Establishes the organization and competencies of the Wildlife General Directorate. Protects endangered species. MINAE
Decree No. 29300: Mining Code Regulations 08/02/2001 Regulates the organization and competencies of the Geology and Mining Directorate. Establishes the conditions and procedures through which permit applications for exploitation of public mines and materials will be processed. It also regulates the obligations and rights of mining permit and concession grantees. It also seeks to balance the need for quality and quantity of mineral and material supplies with the requirements of new environmentally friendly technologies. MINAE
Decree No. 11492: Industrial Hygiene Regulations, 22/04/1980 All industries that emit dust, gases, fumes or smoke that can negatively affect workers' health are considered non-conforming. Therefore, they should submit their production processes to proper treatment systems established by the Ministry of Health. Ministry of Health
Decree No. 19049-S: Waste Management Regulation, 07/07/1989 Establishes the obligation of people to properly dispose of wastes. Stipulates the conditions and processes under which industries must collect, transport and dispose of wastes. Calls for the issuance of adequate permits for landfill and dumping sites. Ministry of Health
Decree No. 21297: Septic Tank Mud Management, 15/06/1992 Establishes the conditions for an adequate management of septic tank mud: installation and operation permits, conditions for location, and operation of residual water treatment plants. Ministry of Health
Decree No. 21518: Waste Water Treatment Systems, 16/09/1992 Establishes conditions for the location of waste water treatment plants: sites with sewerage networks, septic tanks or individual drainage systems. When none of these facilities exist, a treatment plant must be built. Ministry of Health
Decree No. 27378: Landfill Regulation, 23/10/1998 Establishes the necessary permits for landfill management and location. Ministry of Health
Decree No. 23518: Control and Storage of Chemical Substances, 16/08/1994M Establishes the legal and technical norms to carry out control analyses and agrochemical quality control analyses. MAG
Decree No. 25991: Regulation on Potable Water Quality, 27/05/1997 Establishes the conditions for potable water management and distribution. Authorizes the application of certain measures in case of non-compliance with standard levels. Ministry of Health
Decree No. 26042: Regulation on the Discharge and Reuse of Residual Waters, 19/06/1997 Establishes physical-chemical and bacteriological parameters to be analyzed in residual waters discharged in water bodies or sanitary sewers. Sets the limits for discharge of residual waters and for residual water reuse. Creates the Technical Committee for the Revision of the Regulation on the Discharge and Reuse of Residual Waters. MINAE , and the Ministry of Health
Decree No. 28280: Regulation on Car Emissions Control and Technical Revision, 06/12/1999 Cars imported into the country must comply with minimum technical requirements established by the Vehicle Transit Act and this Regulation. The importer must submit a certificate of compliance issued by the carmaker or by the competent authority of the country of origin. MOPT-MINAE-MS
Decree No. 28610: Environmental Services Payment, 18/05/2000 FONAFIFO (National Fund for Forestry Financing) will pay for environmental services rendered by forests and plantations, with funding from public and private institutions. The number of hectares compensated will depend on available funding. It also sets maximum payments for reforestation and protection management plans. MINAE
Decree No. 29375: Regulation to the Land Use Management and Conservation Act., 21/03/01 The integrated and sustainable management of land is declared a private or State action of public utility and interest. It regulates the use of best available technology, the application of better land use practices, in order to prevent water and wind soil erosion, and to ensure a sustainable land use. MAG-MINAE-S-HACIENDA-MOPT
Decree No. 30077: General Regulation of the Ministry of the Environment and Energy, 21/12/2001 Describes the administrative structure of MINAE to guarantee compliance with functions and competencies granted by law and regulations.M MINAE
Resolution No. 3: Guide to the Environmental Services Payment Procedures, 21/03/2000 Establishes requirements and procedures for environmental service payments. MINAE-SINAC-FONAFIFO
Agreement No. 2217: Regulation on Irrigation Services 30/08/1999 Includes all necessary regulations for the operation and maintenance of irrigation districts and their relationship with SENARA. SENARA



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