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Bill seeks solutions to plastic pollution.

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On January 21, 2019, the Bill to solve the contamination of plastic waste entered the Economic Affairs Commission, which would once again make Costa Rica one of the pioneering countries in the fight against pollution and the conservation of the natural resources. This bill proposes very ambitious regulations that would prohibit public purchases of single-use plastics, prevent the production and import of certain types of polymers, and create a tax on plastic products.

At the time of its presentation, the project had the endorsement of 20 deputies from various political parties. This is not hard to imagine, as there are plenty of reasons to justify efforts to reduce plastic waste, for example:

  • Plastic waste usually takes a long time to decompose naturally, it is estimated that an average plastic item would take around 1,000 years to decompose.
  • There has been an exponential growth in the production of plastic worldwide, in 1950 around 1.5 million tons of plastic were produced, while by 2014 a production of up to 311 million tons was reported.
  • Disposable plastic products make up around 70% of all litter found on beaches.
  • It is estimated that for every square kilometer of sea, there are 13,000 pieces of plastic. Such a concentration can cause even humans to be consuming plastic without even knowing it.
  • According to a UNDP report, in 2017 at least 600 million plastic bottles were produced in Costa Rica, of which almost 90% were not collected and therefore would end up in watersheds, coasts and marine environments.
  • The natural decomposition process of plastic generates two of the main greenhouse gases: methane gas and carbon dioxide.

Despite the controversial measures included in the bill, it has the virtue that it is not only concerned with imposing difficult duties on the private sector, but also divides the responsibilities of reducing pollution among all the people who cause it, which It agrees with the principles of “ Shared Responsibility ” and “ Polluter Pays ”, which are already universally accepted in environmental matters.

If approved by the Legislative Assembly, the bill would impose the following:

  1. Prohibition of single-use Expanded Polystyrene (stereophone).

Article 4 of the Project proposes the prohibition of the distribution, commercialization, production and importation of single-use stereophonic products. This prohibition would not apply when it is scientifically proven that there are no alternative products in relation to the preservation and protection capacity of food or other products.

This type of prohibition is not new worldwide, since 1987 it has been limiting Expanded Polystyrene foam containers in certain states of the United States and there are currently more than 100 locations in that country that have some type of restriction on its use. Similar examples are also found in China, Taiwan, Canada and India.

For this reason, although the ban may have immediate effects that destabilize the economy of certain sectors, there are already enough products on the market that serve as an alternative to this material whose global warming potential is between 1,000 and 1,200 times higher than the emissions of carbon dioxide. Carbon.

  1. Prohibition on Public Administration Purchases.

Article 5 of the Project would prohibit State institutions from buying single-use plastic products. This is an initiative that different administrations have already been taking individually, so this situation has already proven to be a real possibility in Costa Rica.

However, this prohibition is not absolute, as exceptions can be made for safety and health reasons for certain medical and pharmaceutical products such as: syringes, masks, IV bags, mouthpieces, nebulizers, etc.

  1. Prohibition of Microbeads or Microplastics:

Without exception, article 6 of the Project prohibits the importation, distribution and production of articles containing microbeads or microplastics.

Microbeads are solid plastic particles that are less than a millimeter in size, they are mainly made of polyethylene, although they can also be derived from pretrochemical products. Microbeads or microplastics are mainly used in human personal care products such as exfoliating creams and toothpastes.

The Project opts in this case for the most severe prohibition, since this is absolute. This is so because they are products that are harmful to health and the environment, with the aggravating circumstance that they are invisible and consumed directly by humans. Additionally, brands such as L’Oreal, Johnson & Johnson and Crest have developed multiple biodegradable alternatives with no negative environmental impact.

  1. Recycling goal 2030:

Like the European Union, the Project proposes that by 2030 all single-use plastic containers that are imported, produced or marketed in the country are recyclable.

This shared goal depends largely on the action of the European Union or other major players in the international market. Only if large markets begin to develop and demand these types of products, will there be the necessary supply of single-recyclable plastic products sufficient to supply the demand of the entire country.

  1. Plastic Tax:

Chapter II of the Project proposes the creation of a Tax on Plastic, which falls on the import, sale or free delivery of plastic products.

Although the tax would fall on importers, producers or sellers of plastic products, this cost will be included in the sale price to the consumer, and with it a reduction in the consumption of such products is expected.

Taking into consideration the aforementioned “Polluter Pays” principle, the proposed tax would be more severe with those types of plastic that pollute the most, or those that are not as necessary, because they have viable substitutes in the market. Thus, the tax would be calculated as follows:

Kind of product Tax.
Plastic inputs (except styrene polymers that serve as raw material for the stereophone) 10% on the customs or retail value.
Reusable plastic products. 15% on the value of customs or sale to the public.
Single-use plastic products. 25% on the value of customs or sale to the public.
Styrene polymers 25% on the customs value.

The time of payment of the tax would be at the time prior to clearance in the case of imports. In the case of national sales, a scheme similar to that of the Sales Tax is established, where all sales made in the previous month must be declared and paid within the first 15 days of each month.

As we have seen, this tax seeks to make products more expensive so that their consumption is reduced, for this reason those items whose consumption is not optional such as finished products and raw materials for the manufacture of biomedical, veterinary products are exempted from payment. and pharmacists.

To encourage the recovery of materials, article 17 of the Project establishes that any taxpayer who demonstrates that he/she made expenses in the recovery, treatment or recycling of plastic products, may deduct said sums from the payment of the plastic tax.

  1. Mandatory labeling :

Similar to cigarette boxes, the bill would mandate that all products packaged in single-use plastic materials must be printed with picture messages describing the environmental effects of the plastic.

These types of messages have a clear discrediting effect on the product, and have as an immediate precedent the dissuasive propaganda that tobacco packs have been carrying for years. In the case of the latter, there was a whole discussion about the right to the image of cigarette brands and the limitation that the imposition on the design of their products supposed. Until now, the general response to this dilemma has been that public health and the right to information of consumers should prevail over the particular rights of companies.

  1. Blue Fund and Payment of Environmental Collection Services :

The Project proposes the creation of the so-called Blue Fund, whose goal is to finance projects that reduce the production of single-use plastic and the reprocessing of used plastic. In practice, the Blue Fund will be administered by the Directorate for Environmental Quality Management (DIGECA) and will obtain its resources from part of the proceeds from the plastic tax and from donations.

It is proposed that, from the second year of operation of the fund, it allocates 50% of its resources for the payment of monetary compensation that would be received by the people and organizations that are dedicated to the collection of plastic waste in marine-coastal and riverside areas. . With this, it is sought that the business of collecting revalued material is more profitable and more people join this activity.

This compensation scheme is the flip side of the polluter pays principle: whoever conserves benefits. It is then a payment for environmental services, similar to those that FONAFIFO pays for carbon capture and removal services, to people who conserve forests or manage forest plantations.

  1. Exemption from other taxes :

Article 37 of the Project establishes an exemption from the import tax on machinery and equipment necessary to recycle, recover and transform plastic materials.

On the other hand, article 38 proposes that products certified as compostable may request a refund of 8% of the General Sales Tax.

As we can see, this is a bill that would bring many changes both to the production of plastic and to the consumption habits of the entire country, and its implementation would be a global advance in the fight against plastic pollution. However, the fulfillment of such ambitious goals depends a lot on factors in international supply and demand, as well as future regulatory developments.

Regularize your company with an environmental instrument (within 8 months)

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In Guatemala, every project, work or industry must have an approved Environmental Instrument and in this sense must comply with the provisions of the Environmental Evaluation, Control and Monitoring Regulation.

Through this regulation, the entire structure, requirements and procedures related to environmental instruments, also known as Environmental Impact Studies, which are approved by the Ministry of Environment and Natural Resources -MARN-, are established.

The current Regulation was approved in July 2016, and established a grace period of two years, expiring in July 2018, so that all companies that did not have an approved environmental instrument could regularize their situation, paying a fine for a value of Q. 5,000.00 (US$ 700.00) regardless of the impact category of the project. After that term, the fine could increase from Q. 5,000.00 (US$700.00) to Q. 100,000.00 (US$14,000.00).

However, the extension was extended when on July 10, 2018, the reforms related to the Environmental Evaluation, Control and Monitoring Regulation were published in the Official Gazette, in which the term was extended until January  3, 2020  for Existing projects, works and industries that do not have an Environmental Instrument, can present the corresponding corrective, keeping the value of the fine of Q. 5,000.00 (US$ 700.00) regardless of the impact category of the project.

There are two types of environmental instrument that can be submitted to the Ministry of Environment and Natural Resources:

  • Environmental Impact Study (EIA): it is the environmental instrument, which must be carried out for activities or projects  that have not been carried out,  and its environmental impact will be predicted. Here it is established how the impact will be mitigated, from construction to operation. This environmental instrument does not generate a fine.
  • Environmental diagnosis: It is the environmental instrument that contemplates the evaluation of the impact of all the activities  that are already  built or operating  and that already generated the environmental impact. This establishes the way in which it will mitigate the impact it is already generating (in water, noise, air, and others). This environmental instrument does generate a fine.

The elaboration of these environmental instruments must be carried out by a registered environmental consultant, or a consulting company registered in the MARN and it takes from 15 days to two months to prepare it before its presentation to the Ministry of Environment and Natural Resources.

In this sense, it is important to consider and take advantage of this new term so that any work, project or industry can present its environmental instrument and avoid being subject to fines or even criminal complaints for pollution or non-compliance with environmental issues and, most importantly, help mitigate pollution. that occurs in general.

Environmental Management System in Honduras

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Environmental Management is the set of    activities,  processes , policies   carried out by a company    in order to  balance  economic development  , the proper use of resources and environmental protection.   

Organizations  that implement an Environmental Management  System generate  greater trust with their clients and a better position in the market, since they must comply with all the environmental requirements established by the administration, clients, and society as such to ensure compliance with sustainable development as a company . . 

The Environmental Management System is responsible for developing, implementing, reviewing and maintaining all the environmental commitments  assumed by  the company ,  following the PHVA methodology : Plan , Do, Verify, Act.    

It must be taken into account that the implementation  of an Environmental Management System is a process of continuous improvement  that implies the periodic review of:  Environmental Policy, Environmental Review, Planning, Implementation,  Internal Audit,  External Environmental Communication, Measurement and Evaluation . . 

Some of the advantages of implementing an Environmental Management System  are: 

  • It allows to know the environmental legislation  related to the activity that is developed. 
  • It strengthens relations with local authorities  as it  means  working together  for  environmental improvement  and above all for improving people’s quality of life. 
  • Recorded  and controlled resources, obtaining savings in energy, water, process efficiency and, above all, reducing the amount of waste generated. 
  •  Corrective measures in the event of system failures. 
  • Increase in the quality of the services provided and greater efficiency in the development of the company’s activities  thanks to the constant evaluation process . 
  • Improvement of the image of the company through  the  commitments  with the  environment , also with this it is possible to obtain  a better position in the market. 

A tool to implement an adequate Environmental Management System  is the international standard ISO 14001:2015, which  aims to provide organizations with a reference framework to protect the environment and adapt to changing environmental conditions ,  in balance with socioeconomic needs . .    

Implementing the Environmental  Management System under the ISO 14001:2015 standard provides international certification ,  which differentiates the organization  for  its commitment to the  environment and provides a business opportunity.

  

Reforms to the Occupational Health and Safety Regulations in Guatemala

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The Ministry of Labor and Social Welfare issued Government Agreement No. 57-2022 containing reforms to the Occupational Health and Safety Regulations. These reforms come into force as of March 4, 2022. Among the reforms implemented, the following stand out:

  1. The powers and functions of the occupational health and safety committee must also be included in the Internal Work Regulations.
  2. Changes in risk prevention obligations for employers, based on the number of employees in a workplace.
  3. Updating of occupational health and safety plans every three (3) years, by the employer.
  4. Establishment of levels of health care in the workplace.
  5. The National Council for Occupational Health and Safety -CONASSO- will issue technical standards complementary to these reforms.

We recommend having specialized advice on the matter to ensure that your company reaches compliance levels and avoids sanctions. You can contact us at the following emails: [email protected] and [email protected] , or by phone 2225-7000.

Amendment to article 50 of the Political Constitution of Costa Rica

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Recently, the bill for the ” addition of a paragraph to article 50 of the Political Constitution to recognize and guarantee the human right of access to water ” was presented to the Legislative Assembly, which has the signature of all the deputies and seeks to be reaffirmed. , but this time in the constitutional text, that access to water is a fundamental right and that human life depends on it.

According to the proposal of the bill, the text to be added to the Political Constitution would be:

  • Second paragraph of article 50:

“ Every person has the human, basic and inalienable right of access to drinking water, as an essential good for life. Water is a good of the Nation, essential to protect such a human right. Its use, conservation and exploitation will be governed by what is established by the law that will be created for these purposes, and the supply of drinking water for consumption by people and populations will have priority .”

  • New transitory provision:

“ The current laws, concessions and permits for use, granted in accordance with the law, as well as the rights derived from them, remain in force until a new law that regulates the use, exploitation and conservation of water enters into force .”

The following can be deduced from the quoted text:

  1. The human right of access to water is expressly recognized and it is clarified that it is a good on which life depends.
  2. Constitutional recognition is given to the public domain of water, whose purpose is the protection of the right to life.
  3. When exploiting the water resource, priority will be given to domestic/population use.
  4. Until new regulations are issued, the current laws, regulations, concessions and other permits remain in force.

These aspects that are intended to be added to the Constitution are already part of the current legal system and from a practical point of view they would not change the current regulation, as we explain below:

Regarding the first point, the constitutional recognition of the human right to water and sanitation; In the explanatory memorandum of the project itself, the Resolution of the United Nations General Assembly number A-64-L.63-Rev is indicated, which had the favorable vote of Costa Rica, where it is recognized that “…the right to drinking water and sanitation as a human right essential for the full enjoyment of life and all human rights ”.

As we can see, there is already a global consensus on its character as a human right, which must also be considered included in our constitution in accordance with the jurisprudence of the Constitutional Chamber:

“ The Chamber recognizes, as part of the Law of the Constitution, a fundamental right to drinking water, derived from the fundamental rights to health, life, a healthy environment, food and decent housing, among others, such as international instruments on human rights applicable in Costa Rica have also been recognized ” [1]

Regarding the second point, tending to the recognition of water as an asset of the Nation, article 50 of the Organic Law of the Environment establishes that water is in the public domain and that its conservation and sustainable use are of social interest.

Regarding the priority use of water for consumption by people and populations, said scheme of preferential use of water has existed in the country since 1942, since the Water Law establishes in its article 27 the following:

“Article 27.- In the concession of special uses of public waters, the following order of preference will be observed :

I.- Pipes for populations whose control is in charge of the Secretary of Public Health;

II.- Supply of populations, domestic services, drinking troughs, dairies and bathrooms ;

III.- Supply of railways and means of transport;

IV.- Development of hydraulic or hydroelectric forces for public services;

V.- Coffee mills, sugar mills, mills and other factories;

VI.- Irrigation;

VII.- Development of hydraulic or hydroelectric forces for private services;

VIII.- Navigation channels; Y

IX.- Ponds for nurseries.

Within each class, the most important and useful companies will be preferred; and in equal circumstances, those who previously had requested the use, without responsibility of any kind in charge of the Ministry of Environment and Energy.”

Therefore, the proposed Reform would give constitutional status to such order of priority in the use of water, which would prevent a reform of the Water Law from modifying it, but would not change the current regulatory framework.

The fourth and last aspect refers to the transitory provision that clarifies that until there is a legal reform, the regulations, permits and concessions in force remain the same. Additionally, in the statement of reasons, the proposing deputies explain:

“ Additionally, it is proposed to introduce a new Transitory article in order to clarify that the approval of this reform does not repeal the current laws on water concessions, nor the concessions or use permits duly granted according to law. 

Said concessions and permits will remain valid as long as they have been legally granted and their holders comply with the requirements and obligations established in national legislation. The current rules that regulate water permits and concessions will remain in force until the Legislative Assembly enacts a law that regulates the use, exploitation and conservation of water .”

Thus, it is clear that the present reform tries rather to reaffirm the importance of water resources and to ratify the commitment that the entire country must have in caring for water.

Despite the foregoing, establishing in the constitutional text schemes of preference in the use of water, although this is not new, may give rise to a greater number of conflicts related to the allocation of water concessions, going to be presented before the Constitutional Room. In our opinion, this is not a positive scenario, since the Constitutional Chamber is a centralized entity, located in San José and with a limited number of officials, mostly lawyers, but even so, it would be called upon to hear conflicts from very diverse locations in the country, with the aggravating circumstance that their sentences would contain binding criteria for the other public institutions.

Water resource management is obviously a very technical matter. Additionally, from an integrated management perspective, the best way to regulate the management of water resources is at the basin level, that is, decisions are made with reference to the basin in particular.

This does not mean that the Chamber is going to be directly involved in the granting of concessions. Being an issue developed by infra-constitutional norms, the Constitutional Chamber should avoid hearing controversies of this nature, based on the fact that it is a conflict of legality; however, as a scheme of priority uses of water is recognized at the constitutional level, we find it very likely that the Chamber will be increasingly inclined to hear this type of controversy. This situation, which we reiterate, would not be ideal, as it is such a centralized and non-technical entity, whose criteria are mandatory for all other State officials.

[1] Constitutional Chamber. Vote No. 200412263, of October 29, 2004.

Forest Fires in Guatemala

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By Elizabeth Cardona : Lawyer and Environmental Consultant for Zone in Guatemala.

Forest fires involve large, unforeseen fires that burn in natural areas; that is, in forests, grasslands or prairies. Wildfires can:

  • Be caused by humans or lightning.
  • Happen anytime, anywhere. The risk increases in periods of little rain and strong winds.
  • Cause flooding or interruptions in transportation, gasoline, electricity and communication services.

In Guatemala, the causes of forest fires are generally negligence and slashing with few controls, that is, when a producer burns his harvest to plant again.

According to the Coordinator for the Reduction of Disasters -CONRED-, (entity in charge of preventing, mitigating, attending and participating in the rehabilitation and reconstruction of the damages derived from the presence of disasters), so far in 2019, the fire It has consumed a total of 498.62 hectares, the equivalent of 697 soccer fields, in places outside protected areas.

However, the area of ​​Petén (north of the country), where most of the protected areas are located, especially the Laguna del Tigre National Park, has been the victim of large-scale forest fires, consuming approximately 1,490 hectares, the equivalent of 2,086 soccer fields, according to the National Council of Protected Areas.

Forest fires cause damage to the forests, flora and fauna of the place, especially seriously affecting when they are species that are in danger of extinction such as the red macaw in Petén.

Among the recommendations that CONRED has established to prevent forest fires, are:

  • Monitor weather conditions (increase or decrease in wind speed).
  • When making bonfires, take the necessary precautions in the place where it will be made and put them out before leaving the site.
  • Make a barrier with stones to prevent a fathom from rolling or a spark from flying due to the effects of the wind.

Finally, it should be taken into account that during the first months of the year, due to the dry season, the risk of forest fires increases, so in this period one must be especially careful and act actively in the prevention of this type of emergency.

Compliance inspections as an environmental supervision tool in El Salvador

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Compliance Inspections, as a core tool for the Supervision of Environmental Compliance in El Salvador, are carried out with the main purpose of preventing and reducing the negative environmental impact that may be caused by people, companies, businesses or institutions whose activities are subject to different environmental requirements.

Article 28 of the Environmental Law establishes that the functions of control and monitoring of the Environmental Assessment process correspond to the Ministry of Environment and Natural Resources (MARN), empowering it to carry out inspections with the support of the Environmental Units, in order to to carry out a verification of the environmental compliance of the obligations established in its environmental permits and also allow it to detect and correct possible infractions of the law.

The aforementioned Law also establishes that the owners are obliged to allow the entry of duly identified technical personnel designated by the environmental authority and non-compliance with this provision constitutes a serious offense according to literal i) of Art. 86 of the same legal body. .

The Environmental Compliance Inspections are part of the control and monitoring that the Ministry of Environment and Natural Resources of El Salvador (MARN) makes to the processes of Environmental Impact Assessment of activities, works or projects. Initially, compliance inspections were only carried out on those projects whose potential impact on the environment is slight and that had a Resolution of No Requirement for an Environmental Impact Study, in order to monitor that the stipulated mandatory compliance conditions are being executed. in the Technical Opinion that the MARN carries out.

As of 2013, these inspections are also carried out on activities, works or projects that have Environmental Permit Resolutions, in order to verify that, during construction and operation, the environmental measures stipulated in the Environmental Permit are complied with. .

The execution of compliance inspections obeys a previous programming, however, unlike the Environmental Assessment Audits, these can be carried out without giving advance notice to the owners, to verify that the activities are carried out in accordance with the decree. in the environmental permit and in the mandatory compliance conditions.

Compliance Audits are also regulated in Art. 27 of the Environmental Law, however, the procedure to be followed during them is not established, so in order to have proper conduct and not interfere with Its realization is important to know what to expect during the performance of an Environmental Compliance Audit.

  1. The Technician appointed and duly identified by the Ministry of the Environment appears at the project site, and will indicate the purpose of his visit.
  2. Once the object has been reported, it must be sent to the appropriate person to accompany it during the verification tour, this person is not always the Legal Representative, it may be a person designated by it.
  3. A tour of the facilities is made to identify possible breaches and/or activities outside of what is stated in the respective resolution and to document their visit, or demonstrate the degree of compliance with environmental measures, the technical staff collects all the useful material such as photographs, water samples, measurements of emissions into the atmosphere, interviews and documentation review.
  4. At the end of the tour, the results of what was observed during the tour are exposed to the designated or legal representative and a preliminary Inspection Act is drawn up.
  5. Once the Inspection visit is over, the technician proceeds to analyze the evidence collected at the Inspection site and writes the Inspection Report.

Once the inspection report has been concluded, if non-compliance with the environmental measures by the owner in the execution and/or operation of the project is determined, the MARN may initiate the sanctioning administrative processes or establish preventive measures established in Articles 83, 84, 85 and 86 of the Environmental Law.

Source: MARN/ Environmental Law.

Solid waste management in El Salvador

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Improper solid waste management has been a constant problem over the years, whose urgency increases as we approach an environmental point of no return. Given this situation, it is essential to take concrete actions to reduce the amount of waste generated in the country.

In El Salvador, more than 3,600 tons of waste are produced daily, according to the Ministry of Environment and Natural Resources, the composition of the waste generated is: 58% organic matter and 42% inorganic matter. The composition of the inorganic fraction is; 2% aluminum, 2% glass, 11% plastic, 19% paper and 8% others, of which 75% can be recycled, reused or behaved.

Solid urban waste is that which originates from the domestic and commercial activity of cities and towns. In developed countries, more and more packaging, paper, and all kinds of disposable materials are used; the culture of “use and throw away” has spread and implanted to all types of consumer goods, causing the amounts of garbage generated to have grown to reach very high figures

The waste produced by urban dwellers includes ordinary waste, old furniture and appliances, packaging, waste from commercial activity, leftovers from garden care, street cleaning, etc. As expected, this is the largest group and its residues are usually composed of:

  • Organic matter: these are the remains from cleaning or preparing food along with leftover food.
  • Paper and cardboard: newspapers, magazines, advertising, boxes and packaging.
  • Plastics: bottles, various jars, broken crockery, etc.
  • Metals: aluminum cans, boats, containers, etc.

The problem of waste is becoming more difficult to control every day. Large amounts of waste are generated daily that the municipal service is unable to collect because it does not have the resources to provide full coverage. The collection frequency is low, from one to three times a week, so the waste accumulates and unfortunately the population does not cooperate in depositing the garbage in the appropriate places.

For years, municipalities have experienced problems with solid waste, which over time have become increasingly complex, to the point that it has had to be addressed under a multidisciplinary approach, which incorporates economic, social and environmental elements. , so that its mitigation is feasible.

Given this, each municipality develops a scheme of needs, resources and actions to be carried out, which allow it to face this problem, “management” should not be limited to carrying out collection-transport and final disposal practices, but rather, it should involve technical factors. , sociocultural, economic-administrative, institutional, legal and environmental, which intensify it and turn it into an integral management of solid waste.

This issue has gained importance since 2009 with the creation of the Presidential Commission for the Comprehensive Management of Solid Waste; and with the launch in 2010 of the National Program, in compliance with Art. 52 of the Environmental Law, which has been implemented through three plans:

  1. The Improvement Plan: Aimed at expanding the installed capacity of the country, through the construction of three new sanitary landfills and the organization of a network of more than 30 composting plants at the municipal level;
  2. The Recovery Plan: Focused on strengthening the separation of waste at the generation site (homes, industries, businesses, etc.), the formalization of selective collection systems and the establishment of waste utilization systems.
  3. The Awareness Plan: Which establishes the education and awareness actions that allow the change of habits and practices of the population regarding waste management.

The Ministry of the Environment has developed a series of guidelines and guides to guide waste management at all levels, such as the instructions to implement separation programs at the source, for the installation and operation of collection centers, for the management disposal of waste electrical and electronic equipment (WEEE) and citizen guides for the management of hazardous waste and WEEE.

Various political actors such as Deputies and Municipalities have also presented proposals such as the General Law on Waste, the Law on Waste Management and Recycling and the General Law on Comprehensive Waste Management, in order to guarantee the right of everyone to live in a healthy environment. and promote sustainable development through the prevention of generation, take into account technological advances for the use of materials at the end of their useful life, prevent contamination of sites and allow their remediation, as well as reduce and prevent the effects to climate change and environmental liabilities.

The health, scenic and environmental consequences that persist today in the management of waste, have forced to eradicate open dumps and seek environmentally appropriate alternatives for the final disposal of waste, as well as to consider options that optimize activities. of collection-transport and alternative treatments.

In this way, it is vitally important to educate the population in relation to Reduce, Recycle and Reuse (known as the 3 Rs scheme) as well as the continuous adoption of new technologies that allow manufacturing with less waste production, which It also has the added value that costs are reduced because less raw material is wasted.

References: MARN and Ing. MSc. Claudia Cecilia Leiva Bautista. Theorethikos Magazine Year III, No. 004, October – December, 2000, Francisco Gavidia University. The Savior.

Prohibition of Straws and Plastic Bags in Costa Rica

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Law number 9786 to Combat Plastic Pollution and Protect the Environment was recently published in the newspaper La Gaceta, which will come into force 6 months after its publication and whose regulations seek a drastic reduction in the consumption of single-use plastic items in the country and its subsequent recycling, in accordance with the principles of a circular economy.

A circular economy is one where the waste from our consumer products is used as inputs for the production of other goods and services. To achieve this goal, it is necessary to follow the 3R Scheme : 1) Reduce the amount of waste that is produced, 2) Reuse all the materials that we can and 3) Recycle that waste whose generation was unavoidable

For this reason, the new Law, which is a necessary tool to deal with the prolonged pollution generated by plastic, contains provisions for the reduction, reuse and recycling of plastic-based products:

Reduction of plastic waste generation :

  • Prohibition of Plastic Straws : 12 months after the regulation of this law has been issued, the sale or free delivery of single-use plastic straws throughout the national territory will be prohibited. However, the straws that are included in the product packaging may continue to be marketed for the next 3 years.

Additionally, it is recognized that the Ministry of Health may establish exceptions under technical criteria.

  • Prohibition of Plastic Bags : the sale or free delivery of plastic bags in commercial premises is prohibited. This ban will come into effect 12 months after the issuance of the regulation.

Plastic bags made to be reused and have a low environmental impact certification issued by the Costa Rican Accreditation Entity are exempt from this prohibition, provided they meet the following characteristics:

Size environmental characteristics
Small : 45 cm. wide x 60 cm long and a minimum thickness of 0.75 thousandths of an inch. Made with at least 50% reprocessed material.
Medium : 52 cm. wide x 68 cm long and a minimum thickness of 0.88 thousandths of an inch. Made with at least 50% reprocessed material.
Biodegradable bags of any size.
  • Ecological purchases by the State : from now on it is prohibited for public institutions and companies, including municipalities, to purchase single-use plastic items, including plates, glasses, forks, knives, spoons , disposable straws and stirrers and others used mainly for food consumption.

Said institutions will be able to acquire reusable, recyclable products or with some additive that reduces the consumption of materials of fossil origin. Likewise, there is the possibility that future exceptions may be declared when so defined by the Ministry of Health based on technical criteria or when a state of emergency is declared.

  • Duty to encourage reuse: Establishes the duty of commercial establishments to encourage their customers to transport the items purchased in their own packaging, cloth bags, boxes and other reusable containers.

 

Reuse of waste :

The prohibitions on the sale or free delivery of plastic products only apply to single-use plastic products, while companies are urged to carry out recovery and reuse programs for the plastic products they sell.

Recycling:

Public institutions and companies are authorized to purchase single-use plastic products, provided that they are recyclable or have been previously recycled.

The obligation is imposed on everyone who sells plastic bottles or products contained in them, that after 12 months after the publication of the regulations of this law, they comply with at least one of the following measures that are detailed below:

  • That the commercialized plastic bottle is produced with recycled resin at a percentage that must be defined by regulation.
  • Establish a program for the recovery, reuse, recycling, energy use or other means of recovery of the waste derived from the products they market. The implementation parameters of these programs will be defined in future regulations.
  • Participate in a program for comprehensive waste management that may be organized by sector or by the waste generated.
  • In the case of producers, make products or use containers or packaging that, due to their design, manufacturing or use characteristics, minimize the generation of waste and facilitate its recovery, or allow its disposal in the least harmful way for health and the environment. environment.
  • Establish strategic alliances with at least one municipality to improve comprehensive waste collection and management systems.

Plastic bottles that contain inputs necessary for agricultural production are exempt from these obligations.

  • All businesses that sell single-use plastic products must have separate containers or receivers to deposit reusable and non-reusable plastic waste, in order to later treat them correctly.

Undoubtedly, the new Law to Combat Plastic Pollution and Protect the Environment, proposes adjustments in the behavior of all the country’s inhabitants, both consumers and commercial establishments. Which is a reminder that this century promises changes in the way we have been living, and although some of these modifications may be expensive, they are necessary to maintain life as we know it on our planet.

New deadline to regularize environmental instruments in Guatemala

Posted on by zone_admin

On January 3, 2020, the Ministry of Environment and Natural Resources decreed a 3-year extension to the term for regularization of environmental instruments in Guatemala. Thus, existing projects have until December 16, 2022 to request their respective environmental license.

The environmental instrument is a technical document that establishes the environmental impacts or risks and the actions that will be carried out to mitigate those damages; said instrument is approved by means of an environmental license. The obligation to have an environmental instrument exists since 1986 according to article 8 of the Law for the Protection and Improvement of the Environment (Decree 68-86). However, the national interest in complying with environmental legal provisions has recently increased, following the global trend of concern for the preservation of the environment and the fight against climate change.

In 2016, the Environmental Control and Monitoring Regulation -RECSA-, Government Agreement 137-2016, was issued, setting a two-year term for companies to regularize themselves by presenting their environmental instrument. It is important to clarify that the fact of being regularized by presenting an environmental instrument does not exempt the interested party from being subject to the imposition of a fine of Q. 5,000.00. for having started operations without presenting its environmental instrument. However, despite the fact that such a fine is legally established, the Ministry of the Environment is not currently imposing such a sanction.

Due to the large number of interested parties who decided to regularize their situation in terms of environmental regulations, on December 24, 2019, the reform to RECSA was published in the Diario de Centro América and established two important modifications:

  1. A term of 3 more years ( expiring on December 16, 2022 ) was set for the process of regularization of environmental instruments, with the imposition of a fine of Q. 5,000.00 regardless of the category of the project.
  2. The obligation to present a bond or better known as surety insurance, which was a requirement for obtaining an environmental license, was eliminated.

Therefore, it is clear that all works, projects and industries must carry out the environmental instrument considering:

  • In the first place, the opportunity of the new fixed term;
  • Secondly, the fact that it is no longer necessary to hire a surety bond or insurance, which implied an additional cost for the companies and
  • Third, but not least, it is a mechanism to identify the environmental damage that occurs and seek to mitigate it.

Let us remember that the purpose of all of the above implies being in compliance with local legislation, guaranteeing the protection of our environment and seeking to mitigate the damage we cause.