Countries › Costa Rica › Guide › 13. Regulation › Environmental liability and waste in Costa Rica: polluter pays, Tribunal Ambiental and waste duties

Environmental liability and waste in Costa Rica: polluter pays, Tribunal Ambiental and waste duties

Last verified: 2026-10-30 · Status: Changing

Beyond the SETENA permit, Costa Rica makes anyone who damages the environment liable, jointly with the owner of the business where the damage occurred and the professionals who signed a flawed impact study. The Tribunal Ambiental Administrativo hears complaints from anyone, sets compensation and fines, and its decisions end the administrative route. Waste law imposes producer responsibility for special waste, cradle to grave liability for hazardous waste and fines of 100 to 200 salarios base for the worst breaches.

USD figures use the Banco Central de Costa Rica reference selling rate of ₡454.82 per US dollar published for 29 October 2026 (indicator 318 on bccr.fi.cr), rounded to the cent. Salario base figures use ₡462,200 for 2026 (Poder Judicial Circular 246-2025 under Ley 7337 art. 2).

Key facts

Maximum fine for very serious waste infringements	200 salarios baseLey 8839 art. 53, as of 2026-10-30 · in force
Business owners jointly liable for environmental damage	yes Ley 7554 art. 101, as of 2026-10-30 · in force
Hazardous waste report frequency	6 monthsLey 8839 art. 49(e), as of 2026-10-30 · in force

The rule

1. Everyone has the right to a healthy environment and the duty to conserve it; whoever pollutes or damages the environment is liable under the laws and treaties in force.Ley 7554, Ley Orgánica del Ambiente, art. 2, 1995-10-04 official text · verified 2026-10-30

2. Environmental damage may result from acts or omissions and is imputable to any individual or legal person that causes it.Ley 7554, art. 98, 1995-10-04 official text · verified 2026-10-30

3. Authorities may warn, reprimand, execute the environmental guarantee, restrict or halt activities, close premises, cancel permits and licences, impose compensation, and order modification or demolition of works.Ley 7554, art. 99, 1995-10-04 official text · verified 2026-10-30

4. Infringers are civilly and jointly liable for damages, together with the owners of the companies or activities where the damage occurs, and the professionals and officials who sign an impact assessment contrary to law or fail to follow it up.Ley 7554, art. 101, 1995-10-04 official text · verified 2026-10-30

5. The Tribunal Ambiental Administrativo hears complaints from anyone against any person, sets compensation for environmental damage and fines under the waste law; its decisions cannot be appealed administratively. Complaints need no formality and oral ones must be ratified within eight calendar days.Ley 7554 (art. 111 as amended by Ley 10021), art. 103, 111 and 112, 2021-09-24 official text · verified 2026-10-30

6. Infrastructure that disrupts wildlife movement must include safe fauna crossings, studied by the developer and endorsed by SINAC, and SETENA verifies this commitment when granting environmental viability.Ley 7554, art. 31 bis added by Ley 10970, art. 31 bis, 2026-08-26 official text · verified 2026-10-30 · changed: Ley 10970 of 26 August 2026 added the fauna crossing duty for road and other public infrastructure.

7. Producers and importers of goods whose waste the Ministerio de Salud declares special handling waste must run a recovery or recycling programme, join a sector programme, use a deposit return scheme, redesign packaging, or partner with municipalities.Ley 8839, Gestión Integral de Residuos, art. 47, 2010-06-24 official text · verified 2026-10-30

8. Expanded polystyrene containers may not be imported, sold or handed out in any commercial establishment, with exceptions for conservation needs, appliance packaging and industrial uses.Ley 8839, art. 47 bis added by Ley 9703, art. 47 bis, 2019-07-15 official text · verified 2026-10-30

9. Hazardous waste generators remain liable throughout the life cycle, even after handing waste to an authorised manager, and can be jointly liable if they do not secure proper handling through contracts and manifests; they must keep registers, file six monthly reports with the Ministerio de Salud and use only authorised managers.Ley 8839, art. 48 and 49, 2010-06-24 official text · verified 2026-10-30

10. Very serious waste infringements (unauthorised handling of hazardous or special waste, mixing it with ordinary waste, unauthorised transport) are fined 100 to 200 salarios base by the Tribunal Ambiental plus payment of environmental damage; serious and minor infringements are fined by municipalities at up to eight and five times the highest waste service fee.
Cost to do it: 100 to 200 salarios base for very serious infringements.
Example: ₡46,220,000 to ₡92,440,000 in 2026. / About US$101,622.62 to US$203,245.24.Ley 8839 (as amended by Ley 9825 and Ley 10031), art. 52 to 55, 2021-10-04 official text · verified 2026-10-30

11. The salario base used for fines in laws that refer to Ley 7337 is the monthly base salary of the Oficinista 1 post in the national budget; the Poder Judicial set it at ₡462,200 for 2026.
Cost to do it: ₡462,200 per salario base in 2026.
Example: One salario base: ₡462,200. / About US$1,016.23.Ley 7337; Poder Judicial Circular 246-2025, Ley 7337 art. 2; Circular 246-2025, 2025-12-16 official text · verified 2026-10-30

Worked example

A plant sends solvent waste to an unauthorised hauler that dumps it. The Tribunal Ambiental may fine the plant 100 to 200 salarios base, ₡46,220,000 to ₡92,440,000 in 2026 (about US$101,622.62 to US$203,245.24), plus the cost of the damage, and the plant shares joint liability with the hauler because it did not secure proper handling by contract and manifest.

Step by step

Confirm SETENA viability and keep the environmental guarantee and commitments current.
Classify waste streams and contract only authorised managers with manifests for hazardous waste.
File six monthly hazardous waste reports with the Ministerio de Salud.
Check whether your products generate special handling waste and choose a producer responsibility option.
Track Tribunal Ambiental complaints and respond promptly; decisions end the administrative route.

Common traps

Outsourcing waste does not end liability.
Owners of the business where damage occurs are jointly liable even if a contractor caused it.
Anyone can file a complaint, even orally.
Professionals signing impact studies share liability.

Sources

← Anti money laundering in Costa Rica: who is obligated, KYC, SUGEF registration and finesIntellectual property in Costa Rica: trademarks and patents, terms and official fees →

Get rule changes weekly

Free. One email a week from The LatAm Thread.

One more step after you press the button: we take you to Substack, where your email is already filled in. Confirm there to start. No spam, unsubscribe anytime, we never share your address. By subscribing you agree to the privacy policy.