Annexes1

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Annex 1

Laws, Norms and Regulations

ELEMENTS OF RISK

High risk in handling dangerous substances.

MATRIX FOR HANDLING DANGEROUS SUBSTANCES

NORMS COMPETITIVE

AUTHORITY

Ministry of Health Article 239 of the General Health

Law regarding the restrictions related to imports, manufacturing, sales, transportation, distribution of substances or toxic products, or radioactive, combustible, inflammable, corrosive or other dangerous substances declared by the Ministry that may risk the health of the people.

Article 241 of the General Health

Law regarding the prohibition to sell or supply substances or toxic products without complying with the standing rules or dispositions.

Ministry of Health

REQUIREMENTS

Article 240 of this same Law establishes that the Ministry of Health Permit is a requirement, for which security and operation measures must be taken to eliminate or diminish the risk.

According to Articles 252 and 355 of this same

Law, administrative penalties will be applied according to each case, and which will be defined in accordance with Article

356 of the same legal document (permit cancellation fines).

Ministry of Health permit, for which substances must be registered, and must have the corresponding labelling required by the Ministry.

PENALTIES

According to Articles 252 and 355 of this Law, administrative penalties will be applied according to each case, and will be defined in accordance with Article 356 of the same legal document

(permit cancellation fines.

ELEMENTS OF RISK

High risk in handling dangerous substances.

NORMS

Articles 244 and 245 of the

General Health Law regarding manufacturing, handling, import, storage, transportation, sales, or application of substances, or substance mixtures categorized as pesticides.

Article 60 of the Environmental

Law regarding the prevention and control of contamination of natural resources through the use of chemical or radioactive substances.

Article 68 of the Environmental

Law in which there is an obligation to avoid soil contamination through accumulation, storage, recollection, transportation or an inadequate elimination process of toxic or dangerous substances.

COMPETITIVE

AUTHORITY

Ministry of Health and

Ministry of Agriculture.

Ministry of Health

Ministry of Environment and Energy

Ministry of Health

Ministry of Environment and Energy

REQUIREMENTS PENALTIES

Mandatory registration and permit from the Ministry of

Health, as well as complying with the norms defined by both Ministries.

Adjust to the dispositions, and must have the corresponding permits. EIS only when determined by its regulation.

Adjust to the dispositions, and must have the corresponding permits. EIS only when determined by its regulation.

According to Articles 252 and 355 of this Law administrative penalties will be applied, according to each case, which are defined in Article 356 of the same legal document

(permit cancellation fines).

Article 98, 99 and 100 regarding charges due to damage to the environment.

Administrative Penalties.

Referred to the disciplinary legislation in force.

Article 98, 99 y 100 regarding charges due to damage to the environment.

Administrative Penalties.

Referred to the disciplinary legislation in force.

ELEMENTS OF RISK

High risk in handling dangerous substances.

NORMS

Article 23 and subsequent articles of the Plant Health

Protection Law regarding the control and regulation of the use of chemical, biological or related substances, and the use of equipment to apply these substances to agriculture.

COMPETITIVE

AUTHORITY

Ministry of Agriculture

Ministry of Health

Article 65 and subsequent articles of the Regulation for

Work Sanitation and Security, regarding the use of dangerous substances.

Article 74 of the Regulation for

Work Sanitation and Security in the Industry, regarding the repacking, transporting, and handling of dangerous materials.

Municipalities ad

Ministry of Health

Ministry of Health

REQUIREMENTS PENALTIES

Inscription of substances and equipment from the Ministry of

Health

Ministry of Health Permit in compliance with the dispositions contemplated in

Articles 66, 67, 68 and 69 of this regulation.

Comply with the requirements established in articles 74, 75,

76 y 77 of this regulation regarding packing, transporting and handling of dangerous materials.

Responsibility for damage or injuries.

Withhold or retain of the substances. Temporary closure of establishments, or immobilization of the agricultural activity.

Legal penalties and payment of fines.

Article 101 of this regulation determines the payment of fines, amount estimated according to the importance of the penalty.

Article 101 this regulation applies a fine whose amount will be determined on the type of action.

ELEMENTS OF RISK

High risk in handling dangerous substances

NORMS

Articles 32 y 33 of the Soil Use and Conservation Law, on prevention measures for soil damage by any activity that contaminates the soil.

Articles 3, 10, 11 and the subsequent of the Regulations for the Control of Biological

Substances used in Agriculture and their quality control.

COMPETITIVE

AUTHORITY

Ministry of Health,

Ministry of Agriculture,

Municipalities.

Ministry of Agriculture

REQUIREMENTS PENALTIES

Compliance with established measures based on technical criteria on fertilization and agro toxic waste.

Establishes the obligation to turn in samples to the competent authorities and to keep a register of the results..

This norms do not have direct effects besides the ones in established in

Article 51 with respect to existing administrative and penal sanctions

There are no direct sanctions established.

Administrative sanctions are applied such as revoking of a permit, or special measures that the Ministry of Health determines in accordance with article

355 of the General

Health Law.

ELEMENTS OF RISK

Contamination by solid waste management.

C0NTAMINATION BY SOLID WASTE MANAGEMENT

NORMS COMPETITIVE

AUTHORITY

Ministry of Health

REQUIREMENTS

Article 278 and 279 of the

General Health Law with respect to the management and final disposal of solid wastes generated from industrial, commercial, agricultural, and stock raising activities among others.

Article 281 of the General Health

Law with regard to the obligation to have the proper disposal systems for solid waste when because of their nature, composition or size are not sanitarily acceptable for the public collection and final disposal service..

Article 283 of the General Health

Law regarding regulations for the recuperating, reuse, commerce and industrialization of the waste.

Ministry of Health.

Ministry of Health.

Separate, recollect, store and apply treatment and final disposal when it be necessary in accordance with the regulations and by systems that are approved by the Ministry of Health.

Requires the establishing of a collection and final disposal system and its approval by the Ministry of Health.

Sanitary Permit, which must prove that the activity does not produce any activity that can contaminate the environment or be dangerous for human health.

PENALTIES

Article 356 of the General

Health Law establishes the closing of an establishment that does not fulfill these dispositions.

Article 356 of the General

Health Law establishes the closing of establishments that do not fulfill these requirements.

Article 356 of the General

HealthLaw establishes the closing of establishments that operative in disaccordance with this law and applies article 284 the revoking of the permit when the owner does not fulfill the stipulated regulations.

ELEMENTS OF RISK

Contamination by solid waste management.

Article 70 of the Environmental

Law for the prohibiting of the importing waste of any nature, and whose only purpose is for storage, confinement or final disposition.

NORMS

Articles 59 and 60 of the

Environmental Law on environmental contamination and the dispositions on the collecting and management of wastes.

COMPETITIVE

AUTHORITY

Ministry of Health and

Municipalities.

Ministry of Environment y

Energy.

REQUIREMENTS PENALTIES

Avoid soil contamination by the accumulating, storing, transporting or inadequate final disposal of toxic substances of any nature.

It must be noted that this law refers to generic items and does not establish requirements unless the particular activity requires an

EIS.

Totally prohibited.

Conviction for environmental damage

(art. 98)

Administrative Sanctions in accordance with article

99 of the same law. The canceling totally or partially of the permits or the imposition of compensation.

Fine environmental damage (art. 98) and partial or total restrictions or stoppage order of acts that cause the damage and other administrative sanctions stipulated in article 99 of this law.

ELEMENTS OF RISK

Regarding Solid Waste

Management.

NORMS

Article 132 of the Wild Life

Conservation Law with respect to the prohibiting of throwing of waste in river basins, creeks, and other public domain waters.

Article 46 of the Industrial

Hygiene Regulations establishing the requirement to remove waste on a daily basis.

COMPETITIVE

AUTHORITY

Ministry of Environment and Energy.

Ministry of Health

Article 11 Waste Management with respect to waste that because of its nature, composition, or size can be incorporated en its waste management by the cleaning service through the ordinary service.

Special Solid Waste Management. Article 44 and the subsequent articles of the Waste

Management Regulation with respect permits for the management of waste with special characteristics.

Review the Regulations for the characteristics and the list of

Dangerous Industrial Waste.

Ministry of Health

Ministry of Health

REQUIREMENTS PENALTIES

The need to have waste treatment systems

In accordance with article

282 of this law, requires the having of a system to be able to separate, store and provide final disposal and it must be approved by the

Ministry.

Fulfillment f the dispositions with respect to the accumulating and storing systems established by the

Ministry.

The establishing of a Waste

Management System approved by the Ministry of

Health.

Fines in the range of fifty to one hundred thousand colones, or convertibles to one to two years in prisons.

Article 356 of the General

Health Law, establishes the closing of establishments that function in discordance with this law.

Article 356 of the General

Health Law established the closing of the establishments, that do not operate in accordance and article

85 of these regulations which refers to article

378 of the General

Health Law with a penalty of five to ten days if the act does not constitute a crime.

Article 356 of the General

Health Law , establishes the closure of establishments that operate in discordance, and article 85 of the

Regulation which refers to article 378 of the

General Health Law with

Article 48 of the Waste

Management Regulations on the storing of solid wastes with special characteristics.

Ministry of Health. This storage should be done in special containers that are differentiated from the rest used for ordinary use. a penalty of five to ten days if the act does not constitute a crime.

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