COSTA RICA Law and Practice Contributed by: Germán Pochet Ballester, BioIuris
14. Asbestos and Polychlorinated Biphenyls (PCBs) 14.1 Key Policies, Principles and Laws Relating to Asbestos and PCBs The management of asbestos and polychlorinated biphenyls (PCBs) is subject to strict regulation based on international standards for health and environmen - tal protection. Regarding asbestos, since 1996 Costa Rica has had a Regulation on the Controlled Use of Asbestos and Asbestos-Containing Products, which establishes permissible exposure limits in workplac- es according to internationally recommended values. These determinations must be carried out by accred- ited laboratories within the country. The regulation encourages the substitution of asbestos with safer materials and prohibits the importation and use of asbestos fibres for manufacturing purposes. Although Costa Rica does not have a total ban on asbestos, it maintains a strict regulatory framework governing its use, handling and disposal, recognising that asbestos remains present in older construction materials. Cur- rent regulations classify all asbestos-containing mate- rials as hazardous waste, requiring rigorous controls for their safe management and final disposal. As for PCBs, Costa Rica signed the Stockholm Con- vention on Persistent Organic Pollutants in 2002 and ratified it in February 2006. Under this treaty, the coun- try committed to the following targets: • by 2025, to eliminate the use of PCB-containing oils; and • by 2028, to ensure the complete removal and envi- ronmentally sound disposal of all PCB stocks. To implement these commitments, the Regulation for the Identification and Environmentally Sound Elimina- tion of Polychlorinated Biphenyls (PCBs) was enacted. This decree establishes technical guidelines for the identification, management and safe elimination of PCBs, assigning enforcement responsibilities to the Ministry of Environment and Energy.
15. Waste 15.1 Key Laws and Regulatory Controls The main legal framework governing waste manage- ment in Costa Rica is the General Law for Integrated Waste Management, which establishes the principles, responsibilities and mechanisms for the proper han- dling, reduction, reuse, recycling and final disposal of waste. This law is complemented by several regula- tions and municipal ordinances that specify techni- cal and operational standards for waste collection, treatment and disposal. The Ministry of Health is the lead regulatory authority, responsible for overseeing compliance and issuing technical guidelines, while municipalities are in charge of local waste manage- ment services. 15.2 Retention of Environmental Liability In Costa Rica, a producer or consignor of waste may retain liability even after the waste has been trans - ferred to a third party if it can be proven that due diligence obligations were not properly fulfilled. The producer is responsible for ensuring that the waste is handled, transported and disposed of by duly author- ised operators in compliance with environmental and sanitary regulations. This responsibility is grounded in the principles of strict liability and duty of supervision, meaning that liability may arise regardless of intent or negligence if environmental damage occurs as a result of inadequate oversight. Therefore, producers must verify that third parties hold valid permits and operate according to technical standards. If these controls are not properly exercised, the original generator or con- signor may still be held accountable for environmental harm or regulatory breaches, even after the waste has been disposed of. 15.3 Circular Economy Requirements The General Law for Integrated Waste Management establishes the legal framework for extended produc- er responsibility, which requires producers, importers and distributors to assume responsibility for their products throughout their entire life cycle, including the post-consumer stage. While not all goods are cur- rently subject to mandatory design-for-reuse or take- back obligations, certain priority product categories, such as electrical and electronic equipment, batteries, tyres and packaging materials, are regulated under
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