COSTA RICA Law and Practice Contributed by: Germán Pochet Ballester, BioIuris
specific decrees that require producers to implement systems for collection, recovery, recycling or final dis- posal. Producers can be required to take back or man- age waste in the following circumstances. • The product falls within a regulated category under an EPR scheme. • The producer places goods on the market that may generate hazardous waste. • There is evidence of non-compliance with environ- mental regulations or improper end-of-life manage- ment. In such cases, producers must establish or participate in authorised collection and recovery programmes, either individually or collectively, and ensure that waste is treated and disposed of by licensed operators. The overarching objective of this framework is to promote the circular economy, reduce the volume of waste sent to landfills, and encourage eco-design practices that facilitate disassembly, reuse and recycling. 15.4 Rights and Obligations Applicable to Waste Operators Waste operators are regulated primarily under the General Law for Integrated Waste Management and its implementing regulations. These operators, includ- ing those involved in the collection, transport, stor- age, treatment, recycling and final disposal of waste, must comply with a series of rights and obligations to ensure environmentally sound waste management. Waste operators have the right to obtain the neces- sary permits and operating authorisations from the Ministry of Health (MINSA) and local governments, to participate in public or private waste management programmes and receive waste from authorised gen- erators, and to access technical and institutional sup- port from public entities to improve waste manage- ment practices. Their main obligations include: • complying with all technical, sanitary and environ- mental standards established by MINSA and the Ministry of Environment and Energy (MINAE); • ensuring traceability of waste through documenta- tion of its origin, transport and final treatment; • implementing preventative and corrective meas- ures to avoid contamination or health risks;
• managing waste only in authorised facilities and using licensed transport and treatment systems; and • reporting periodically to the competent authorities on their operations and waste volumes handled. Breaches of these obligations can result in administra- tive sanctions, including: • fines; • suspension or revocation of permits; • civil liability for environmental damage under the polluter pays principle; and • criminal prosecution in severe cases involving illegal dumping, contamination or endangerment of public health. Regulatory authorities, primarily MINSA and MINAE, oversee compliance and may conduct inspections and audits to ensure that operators act in accord- ance with national environmental and public health standards. 16. Environmental Disclosure and Information 16.1 Disclosure and Reporting Requirements Environmental issues must be disclosed both to regu- latory authorities and, in certain cases, to the general public, depending on the nature of the activity, the potential environmental impact, and the applicable legal framework. Entities engaged in activities that may affect the environment are required to report and disclose environmental information to the competent authorities. Disclosure typically occurs in the following circumstances. • During the environmental impact assessment process, when the project proponent must submit all environmental information, studies and mitiga- tion plans to SETENA for approval of environmental viability of a project. • Periodically, by the environmental regent as part of environmental monitoring and compliance reports submitted to SETENA or MINAE, particularly for projects with ongoing environmental obligations.
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