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“Environmental Public Policy Act”

Act No. 416 of September 22, 2004, as amended

(Contains amendments incorporated by:

Act No. 95 of August 26, 2005

Act No. 215 of September 28, 2006

Act No. 259 of December 5, 2006

Act No. 68 of July 13, 2007

Act No. 161 of December 1, 2009)

(Amendments non-incorporated

Act No. 117 of July 30, 2010

Reorganization Plan No. 1 of July 26, 2010, Sec. 38)

To repeal and replace Act No. 9 of June 18, 1970, as amended, known as the ―Environmental 

Public Policy Act‖; Act No. 13 of July 7, 1973, the provisions of which were included 

under Title IV of the new law known as the ―Spillage of Harmful Substances Act‖; Act 

No. 81 of July 2, 1987, as amended, known as the ―Puerto Rico Environmental 

Emergency Fund Act‖; Act No. 297 of August 21, 1999, known as the ―Environmental 

Research Laboratory of Puerto Rico Act‖; Act No. 257 of August 31, 2000, known as the 

―Environmental Trust Fund for Puerto Rico and the Caribbean Act‖; Act No. 310 of 

September 2, 2000, known as the ―Pollution Prevention Act‖; Act No. 25 of April 24, 

2001, known as the ―Noise Prohibition Act‖; Act No. 234 of September 27, 2002, known 

as the ―National Environmental Awareness and Reflection Day in Puerto Rico Act‖; and 

Act No. 160 of July 3, 2003, known as the ―Noise Awareness Day in the Commonwealth 

of Puerto Rico Act.‖ The purposes of this Act are to update the provisions of the 

Environmental Public Policy Act of the Commonwealth of Puerto Rico; to promote a 

stronger and more efficient environmental protection; to create an environmental 

databank and digital information system; to ensure that environmental issues are included 

and considered in the government’s efforts to address the social and economic needs of 

our population, among others; to promote the evaluation of other government policies, 

programs and efforts which may conflict with or hinder the achievement of the objectives 

of this Act; to create the Environmental Emergencies Response Planning Committee, 

attached to the Environmental Quality Board, which exists since 1987, as provided by 

Executive Order to comply with federal requirements and to establish its duties and 

responsibilities.
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STATEMENT OF MOTIVES

 At a time when Act No. 9 of June 18, 1970, as amended, better known as the 

―Environmental Public Policy Act of the Commonwealth of Puerto Rico,‖ is nearing thirtyfour years as of its effective date, it becomes ever more evident that we need to update its 

provisions, so that they may conform to the needs and realities of our times, to strive to 

achieve a stronger and more efficient environmental protection, and to ensure that 

environmental issues are included and taken into account in all government efforts directed 

to meeting the social, the economic, and other needs of the present and the future generations 

of Puerto Ricans.

 As we have stated before, in 1970, the Commonwealth of Puerto Rico took a major step to 

further the protection of the true foundation of its future development. The approval of the 

―Environmental Public Policy Act‖ served the purpose of setting forth the Commonwealth’s 

public policy, which calls for the use of ―all practical means and measures with the purpose 

of encourage and promote the general welfare, in order to create and maintain conditions 

under which human beings and nature are able to coexist in productive harmony and to meet 

the social, the economic, and any other needs that may arise for the present and the future 

generations of Puerto Ricans.‖ Not only did this legislation predate the first major world 

summit on environmental affairs, held in Stockholm in 1972, as well as constitute the first 

and main statutory framework adopted in Puerto Rico to address in an integrative manner the 

Island’s concrete issues as pertains to environmental management and protection—such 

legislation also appointed the Environmental Quality Board as the first regulatory agency in 

America to see to the control of pollution and environmental degradation.

 The Legislature of Puerto Rico entrusted the Environmental Quality Board with the 

mission to protect the environmental quality by exercising control over the air, water, and 

soil pollution, as well as noise pollution, and to use all practical means and measures to 

create and maintain conditions under which man and nature are able to coexist in productive 

harmony and to meet the needs that may arise for the present and the future generations of 

Puerto Ricans.

 The statement of motives of Bill No. 879, considered by the House of Representatives in 

1970, set forth the need to ―recognize that both the government programs and the legislation 

in effect on the matter of the management and administration of our natural resources, to wit, 

land, water, the air we breathe, as well as the disposal of the sum total, the ever-increasing 

volume of which is alarming, are insufficient and inadequate to handle the magnitude and 

complexity of such issues.‖ [Unofficial translation] The Committees on the Judiciary-Civil 

and on Health and Welfare, on their part, in their Joint Report to the Senate of Puerto Rico on 

substitute bill for S. B. 258 and S. B. 703, stated that:

 ―We must maintain an environment that accords us and our surroundings the greatest purity 

and cleanliness of air and water, the conservation of our natural resources, such as our 

forests, rivers, beaches, as well as our fauna, our flora, and all kinds of marine and aquatic 

species. Cars, industrialization, the population growth, the growth of urban zones are—

together with the destruction and the waste they generate—the worst enemies of our 

environment and our full enjoyment of healthy living in our planet.‖ Diario de Sesiones del 

Senado de Puerto Rico [lit.: the Journal of Sessions of the Senate of Puerto Rico], April 21, 

1970, [original Spanish text] at page 780. With a clear vision of the future, which attests to 
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the thorough understanding of the importance of striking harmony between the human 

endeavor and the environment, these legislative committees advised that ―There could come 

a time, if the necessary controls and measures are not established, when the very life of 

humankind on Earth might be in jeopardy.‖ Idem [original Spanish text], at pages 780-781.

 In light of the foregoing, when creating the Environmental Quality Board, the Legislature 

noted that ―the delicate functions hereby commissioned hold the utmost importance as 

pertains to the welfare and the health of the present and the future generations of Puerto 

Ricans.‖ Idem [original Spanish text], at page 781. Furthermore, the Legislature deemed that, 

in order to implement the public policy of Puerto Rico and to achieve its legislative intent, it 

was necessary for the institution to be created to hold ―the highest standing, so that it may be 

able to promote, coordinate, and direct the efforts of all agencies and sectors involved‖ or to 

be ―a policy-making body invested with the highest standing within the government 

structure.‖ Idem [original Spanish text], at pages 780-781.

 The increasingly growing interest of citizens in Puerto Rico and all over the world in this 

subject has raised the levels of awareness concerning the environmental aspects of 

development, which awareness has been little or even nonexistent, throughout the history of 

our region. However, there are problems to overcome, such as the mindset of certain sectors 

which believe that principles such as environmental protection and sustainable development 

are tantamount to restrictions on or hindrances to economic and social development. These 

errant misconceptions have constrained our ability—as well as that of all other countries—to 

refrain the ever-increasing environmental deterioration of critical ecosystems and to control 

pollution.

Both in general terms and in comparison to many other countries, Puerto Rico enjoys good 

environmental conditions; however, if we do not pursue new strategies and actions, we shall 

stand witness to the gradual depletion of our natural resources and the degradation of 

environmental quality. If we should fail to institute preventive measures, we shall well be on 

our way to creating and bequeathing a markedly deteriorated quality of life to our future 

generations.

 This bill of law takes into account the fact that, in addition to the oversight and rule-making 

authority conferred onto the Environmental Quality Board, such Board is empowered to 

establish, among other things, the proper requirements to ensure compliance by the whole of 

the Government of the Commonwealth of Puerto Rico with the provisions of the 

Environmental Public Policy Act, and most particularly, to adopt regulations as necessary for 

the application of provisions governing environmental impact statements. Equally or more 

important is the fact that the Environmental Public Policy Act requires that the Chair of the 

Environmental Quality Board submit an annual report on the environmental status.

 The authority and the mission conferred onto the Environmental Quality Board were 

broadened with the assignment of conducting the review and assessment of Government 

programs and activities, in light of the public policy established in the Environmental Public 

Policy Act ―[...] with the purpose of determining the extent to which such programs and 

activities do contribute to the achievement of such policy,‖ and presenting recommendations 

to the Governor on said matter. Furthermore, such public instrumentality was entrusted with 

―developing and presenting recommendations before the Governor on a public policy to 

encourage and promote the improvement of environmental quality and to manage 

conservation, social, economic, and health issues, as well as other requirements and goals of 
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the Commonwealth.‖ Lastly, but not less important, we are bearing in mind that the 

Environmental Quality Board has been entrusted with the task to coordinate the yearly 

observance of the National Environmental Awareness and Reflection Day in Puerto Rico on 

July 1. The motif of the day to be observed shall stress on, but not be limited to promoting 

lifestyles and consumer habits which have a low impact on the environment; modifying 

negative environmental behavior; assessing, monitoring, and minimizing our ecological 

footprint; observing the sustainable development philosophy pursuant to points established 

under Agenda 21; preventing pollution and environmental degradation; and developing 

sustainable communities, as provided for in said Act.

 The establishment of the National Digitized Environmental Information System, together 

with its Advisory Council and its Access Center, shall provide the Environmental Quality 

Board with, and enable such Board to render available to all other government agencies, the 

private business sector, and the general public, the data and information which are vital for 

compliance with the provisions of the Environmental Public Policy Act. Moreover, this Act 

shall enable and complement other powers and duties conferred onto that agency, such as: (1) 

adequate environmental emergency response and planning; (2) gathering apposite and 

authoritative information on current and projected environmental conditions and trends to 

analyze and interpret such information, in order to determine whether such conditions and 

trends are interfering or might interfere with the achievement of the environmental public 

policy of Puerto Rico, as well as compiling and submitting to the Governor studies on such 

conditions and trends; (3) documenting and defining changes in the natural environment, 

including plant and animal systems, and gather the necessary information and other 

information as necessary and convenient to conduct an ongoing analysis of these changes or 

trends and to interpret their foundational causes; and (4) adopting, promulgating, amending, 

and repealing regulations to establish a mechanism to control the quality of the data 

generated by the sampling and analysis of parametric indicators of environmental quality, 

whether current or created by a pollutant source, which are to be made compliant with the 

norms and requirements set forth in the applicable environmental regulations, including, but 

not limited to: (a) establishing a procedure conducive to the certification and accreditation of 

public or private institutions, corporations or individuals that generate data on environmental 

quality in compliance with environmental regulations, and (b) keep a register of public or 

private institutions, corporations or individuals that generate data on environmental quality 

and waste generated by pollutant sources, in order to assure the reliability of such data with 

the purpose of expediting the validation process concerning data before the consideration of 

the Environmental Quality Board.

 In order to achieve the objectives set forth herein, it is necessary: (1) to make changes in 

the current organizational structure of the Environmental Quality Board, (2) to create a 

digitized environmental databank and to institute the best technology available for the 

validation and management of such data, (3) to reassert its authority to evaluate government 

actions and programs which might be in conflict with the powers and responsibilities 

delegated thereto or which may delay or hinder compliance with the public policies of the 

Commonwealth of Puerto Rico on the environment and on sustained development, (4) to 

reassert the powers and responsibilities conferred onto the Environmental Quality Board, and 

(5) to require the establishment of interagency agreements for the implementation of the 

Environmental Public Policy Act and the various special laws applicable to natural resource 
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conservation and management, hazardous and non-hazardous waste management, treatment 

and disposal, and environmental emergency response and planning.

Be it enacted by the Legislature of Puerto Rico :

Section 1. — Title. — (12 L.P.R.A. § 8001 note)

 This Act shall be known and may be cited as the ―Environmental Public Policy Act.‖

Section 2. — Purposes. — (12 L.P.R.A. § 800)

 The following are the purposes of this Act:

1. Establishing a public policy that fosters a desirable and convenient harmony between 

humankind and its environment;

2. Promoting efforts that would prevent or eliminate environmental and biospheric harm and 

foster health and wellness in humankind;

3. Broadening the understanding of major ecological systems and natural sources in Puerto 

Rico; and

4. Establishing an Environmental Quality Board.

TITLE I. — STATEMENT OF ENVIRONMENTAL PUBLIC POLICY. [12 L.P.R.A., 

Subtitle 8, Chapter 501, Subchapter 1]

Section 3. — Statement of Environmental Public Policy. — (12 L.P.R.A. § 8001)

A. — The Commonwealth of Puerto Rico, in full awareness of the profound impact of 

human activity on the interrelations of all components of the natural environment, especially 

the far-reaching influence of population growth, high urban density, industrial expansionism, 

exploitable resources,and the new and widespread technological advancements, and in full 

and further awareness of the critical importance of restoring and maintaining environmental 

quality for the total wellness and full development of humankind, hereby states that it is the 

ongoing policy of the Government of the Commonwealth, including its municipalities, in 

cooperation with all public and private organizations so interested, to use all practical means 

and measures, including technical and financial assistance, with the purpose of encouraging 

and promoting general wellness and ensuring that all natural systems are healthy and able to 

sustain life in all its forms, as well as social and economic activity, within the framework of a 

culture of sustainability, in order to create and maintain conditions under which humankind 

and nature can coexist in productive harmony and to meet the social, the economic, and any 

other needs that may arise for the present and the future generations of Puerto Ricans.

B. — The Commonwealth recognizes that all persons are entitled and should enjoy a healthy 

environment and that all persons are responsible for making their contribution to the 

conservation and improvement of the environment. Likewise, all persons responsible for 

polluting our soils, waters, and atmosphere shall be accountable for decontamination- and 
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restoration-related costs, and when applicable, for compensating the people of Puerto Rico 

for harm inflicted.

C. — In harmony with the foregoing and in full awareness of the importance and the relation 

among social, economic and environmental factors, the Commonwealth of Puerto Rico shall 

procure its sustainable development based on the following four comprehensive objectives: 

(1) the most effective protection of the environment and natural resources; (2) the most 

prudent and efficient use for the benefit of all citizens; (3) social progress that acknowledges 

everybody’s needs; and (4) reaching and maintaining high and stable economic growth and 

employment rates.

Section 4. — Duties and Responsibilities of the Government of the Commonwealth of 

Puerto Rico. — (12 L.P.R.A. § 8001a)

A. — In order to carry out the policy established under Section 3 of this Act, it shall be the 

ongoing responsibility of the Commonwealth to use all practical means, tempered with other 

essential public policy considerations, to improve and coordinate the plans, functions, 

programs, and resources of the Commonwealth so that Puerto Rico may be able to:

1. Fulfill the responsibilities of each generation as the custodian of the environment for 

the benefit of subsequent generations, as provided in the Constitution of Puerto Rico;

2. Secure safe, healthy, productive, and aesthetically and culturally pleasing landscapes 

for all Puerto Ricans;

3. Procure the fullest enjoyment of the beneficial uses of an environment free from 

degradation, health or safety risks or other undesirable consequences;

4. Preserve major historical, architectural, archeological, cultural and natural aspects of 

our patrimony and maintain, whenever possible, an

environment that affords diversity and variety for individual selection for present and 

future generations alike;

5. Strike a balance between population and use of resources so as to allow for high 

standards of living and wide participation in life’s amenities; and

6. Improve the quality of renewable resources and see to the wise use of those resources 

liable to become depleted.

B. — All departments, agencies, municipalities, public corporations, and instrumentalities of 

the Government of Puerto Rico and its political subdivisions shall, to the broadest extent 

possible, interpret, apply, and administer all current laws and regulatory bodies, as well as 

those instituted in the future in strict conformance with the public policy set forth in Section 

3 of this Act. Likewise, the departments, agencies, municipalities, public corporations and 

instrumentalities of the Government of Puerto Rico and its political subdivisions are hereby 

directed to observe the following norms in implementing the public policy stated in this Act:

1. To use a systematic interdisciplinary approach to assure the integrated employment of 

natural and social sciences and the art of natural landscaping when making plans and 

decisions that might have an impact in the human environment.

2. To identify and develop methods and procedures, in consultation and coordination with 

the Environmental Quality Board established in this Act, in order to assure not only the 

consideration of economic and technical factors, but likewise, established value and 

amenity factors, even if these have not been economically assessed and evaluated.
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3. To enclose with all recommendations or reports on proposed legislation, and to issue, 

before taking any government action or promulgating any government decision which 

significantly affects environmental quality, a written and detailed statement on:

a. The environmental impact of the legislation thus proposed, the action to be taken or 

the decision to be promulgated;

b. Any adverse effects on the environment that can not be prevented if such proposed 

legislation is approved and applied, if such government action is taken or if such 

government decision is promulgated;

c. Alternatives for such proposed legislation, government action or government 

decision;

d. The relation between the short-term local uses of the environment and the longterm conservation and improvement of productivity; and

e. Any irrevocable or irreparable compromise of the natural resources that would be 

involved in the legislation proposed, if the same were to be implemented; in the 

government action, if it were to be taken; or in the government decision, if it were to 

be promulgated.

 This provision shall not apply to findings or decisions issued by the Courts and the 

Governing Board of the Environmental Quality Board, in adjudicative cases. Neither 

shall the same apply to rule-making proceedings conducted by the Governing Board of 

the Environmental Quality Board by virtue of the powers and responsibilities conferred 

thereto by this or other Acts.

 Before the Proponent Agency makes the final decision on the proposed action, it shall 

comply with the environmental planning process and issue an environmental impact 

statement, whereby such body finds that the action in question shall either have a 

significant impact or have no such impact, the official responsible therefor shall consult 

with and obtain from any other government body with jurisdiction or participative 

interest its opinion concerning the legislation proposed, the government action to be 

taken or the government decision to be promulgated.

 A copy of such environmental document shall be remitted to the Environmental 

Compliance Evaluation Division of the Permit Management Office. Such Division shall 

be the one in charge of obtaining recommendations from the units and issuing its 

recommendations to the Executive Director of the Permit Management Office. 

Furthermore, these shall be made available to the public and shall be enclosed with the 

proposed legislation, action or decision, in order for government bodies to conduct the 

corresponding inspection and study.

 The official responsible for issuing the environmental impact statement shall submit a 

copy thereof in electronic media, in the format to be established by the Environmental 

Quality Board. The Permit Management Office and the Environmental Quality Board 

shall publish in electronic media such environmental impact statement on readily 

accessible media, free of charge, such as the Internet. The electronic publication of the 

environmental impact statement and its availability to the public shall coincide with the 

date on which such document shall be available to the public in hard copy.

4. To study, develop, and describe the alternatives proper to the courses of action 

recommended in any proposal involving unresolved conflicts relative to alternate uses of

available resources.
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5. To apply the precautionary principle, in the awareness that whenever and wherever 

there are threats of inflicting severe or irreversible harm, lack of full scientific certainty 

shall not constitute grounds for postponing cost-effective measures in order to prevent 

environmental degradation. Such application shall be predicated on the following 

premises: (1) natural and juridical persons are under the obligation to take action in 

advance to prevent harm or hazards; (2) the burden of proof concerning the absence of 

hazards that might be posed by a new technology, process, activity or chemical 

substance, shall fall on its proponent, not on the citizenry; (3) prior to using a new 

technology, process or chemical substance or before engaging in a new activity, persons 

are under the obligation to evaluate a wide array of alternatives, including the non-action 

alternative; and (4) decisions whereupon this principle is applied shall be made public, 

informed, and democratic, and include the parties affected thereby.

6. To recognize the far-reaching, world-embracing nature of environmental issues, and 

whenever in harmony with the foreign policy of the United States, lend proper support to 

initiatives, resolutions, and programs designed to maximize international cooperation in 

forestalling and preventing deterioration in the world’s environment wherein humankind 

thrives.

7. Furnish useful advice and information to municipalities, institutions, and individuals 

concerning environmental quality restoration, conservation, and improvement.

8. Initiate and use ecological information in resource-oriented project plans and 

developments.

9. Assist the Environmental Quality Board, established under Title II of this Act, in all 

projects or efforts directed to achieving the objectives of this Act, including, but not 

limited to being specially attentive and meeting all requirements in terms of compiling 

and periodically providing the Environmental Quality Board with authoritative 

information and data that enables the latter to assess and report on the status of the 

environment and natural resources.

C. — The Permit Management Office shall act as the proponent agency and as the body with 

competence over or acknowledged expertise in relation to any action which requires 

compliance with the provisions of this Section. In such cases, the Environmental Compliance 

Evaluation Division of the Permit Management Office shall evaluate the environmental 

document submitted for its consideration by the proponent of the action or by the pertinent 

department, agency, municipality or public corporation or instrumentality of the Government 

of Puerto Rico and the political subdivisions thereof, and shall determine compliance with 

the provisions of this Section. Any recommendation required from a government body in 

relation to the environmental document shall be issued by the Permit Managers of the 

Management Office and by the Director of the Environmental Compliance Division, except 

for recommendations required from the municipalities, the Environmental Quality Board, and 

the Planning Board, as the case may be, pursuant to the applicable legal and regulatory 

provisions. For the purposes of this Section, the Environmental Quality Board shall establish 

through regulations, the

procedure that shall govern the preparation, evaluation, and processing of environmental 

documents. The above described regulations shall be drafted, approved, and adopted by the 

Environmental Quality Board upon considering the comments from the Planning Board. The 

assessments by the Management Office on whether a proposed action is compliant with the 
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provisions of this Section shall be reviewable once the Permit Management Office has made 

a final decision on the permit applied for and the review thereof shall be conducted pursuant 

to the terms established in the Act whereby the Permit Management Office was created. In 

such cases in which the environmental compliance assessment requested from the Permit 

Management Office is not related to the permits issued by the same pursuant to its provisions 

or any other action under the law, the assessment by the Permit Management Office on this 

particular matter shall not be deemed to be final in nature and the same shall be a component 

of the final determination of the department, agency, municipality, public corporation or 

instrumentality of the Government of Puerto Rico or political subdivision, as the case may 

be, on the proposed action, and reviewable together with such final determination.

 In the event that the Environmental Quality Board is the only agency with jurisdiction over 

the proposed action, there shall be no need to obtain an assessment from the Environmental 

Compliance Evaluation Division of the Permit Management Office for the purposes of this 

Section.

D. — All departments, agencies, municipalities or public corporations or instrumentalities of 

the Commonwealth of Puerto Rico and its political subdivisions shall have the ongoing 

responsibility of revising their statutory authority, their administrative regulations, and their 

policies and procedures, in order to determine whether there are any shortcomings or 

inconsistencies therein which might impede full compliance with the purposes and provisions 

of this Act, and propose to the Governor, after having complied with the requirements set 

forth in subsection (B) and having notified the Governing Board of the Environmental 

Quality Board, those measures which are necessary in order to temper their authority and 

their policies with the intent, purposes, and procedures established in this Act.

Section 5. — Savings Clause and Complementary Nature. — (12 L.P.R.A. § 8001b)

 None of the provisions of Section 4 shall by any means impair any of the specific statutory 

obligations of any agency regarding (1) compliance with environmental quality criteria or 

norms, (2) coordination or consultation with any other agency or (3) taking action or 

abstaining from taking action, contingent upon the recommendations or certifications issued 

by any other agency.

 The policies and objectives outlined in this Act are complementary to those established in 

the already existing authorizations for agencies.

TITLE II. — ON THE ENVIRONMENTAL QUALITY BOARD. [12 L.P.R.A., Subtitle 8, 

Chapter 501, Subchapter 2]

Section 6. — Yearly Report on Environmental Status. — (12 L.P.R.A. § 8002)

 The Chair of the Environmental Quality Board shall render before the Legislature and the 

Governor, a yearly report on environmental quality (hereinafter, the ―Report‖), stating: (1) 

the status and condition of Puerto Rico’s environment, including, but not limited to: air 

quality, water quality (including freshwater, saltwater or lake water; sources and nature of 

agents discharged into bodies of water; drinking water sources; and management plans for 

watersheds, and the progress attained in their application) and the soil environment 
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(including, but not limited to solid waste management and disposal; woodlands, dry lands, 

wetlands, croplands; and urban, suburban and rural environments); (2) the current trends as 

to environmental quality, management and utilization and the effects of such trends on Puerto 

Rico’s requirements of a social, economic or other order; (3) the sufficiency of available 

natural resources to meet Puerto Rico’s human and economic requirements in light of the 

pressures from the expected population; (4) the reviewing of programs and activities 

(including regulatory activities) of the Federal Government, the Commonwealth of Puerto 

Rico, and its agencies and municipalities, as well as non-government organizations or 

persons, especially in connection with their effect on the environment and on natural resource 

conservation, development and employment; and (5) a program to remedy the shortcomings 

of existing programs and activities, together with recommendations for legislation.

The Report shall be submitted before the Legislature and the Governor on or before July 1 of 

each year; the same shall cover the environmental status at the closing of the preceding 

calendar year. The Environmental Quality Board shall be empowered to adopt, promulgate, 

amend and repeal regulations as it may deem necessary in order to meet the requirements 

established in this Section.

Section 7. — Creation of the Board; Members; Terms. — (12 L.P.R.A. § 8002a)

A. — The Environmental Quality Board is hereby created, to be attached to the Office of the 

Governor of Puerto Rico. The Board shall be constituted by three (3) associate members, to 

be appointed by the Governor of Puerto Rico with the advice and consent of the Senate of 

Puerto Rico. Associate members shall devote all their working hours to serving on the Board. 

The term for each associate member shall be four years; provided, that the first appointments 

to be made under this Act are to be staggered, for a term of two (2), three (3), and four (4) 

years, respectively. Each member shall hold office until his/her successor is appointed and 

takes office. Any vacancy arising before the corresponding term is lapsed, shall be covered 

by appointing a new member for the part of the term yet to be lapsed. All agreements or 

decisions of the Governing Board shall be made official by the affirmative vote of the 

majority of its members.

B. — The Governor shall designate one Board member to serve as the Chair, who shall hold 

office at the will of the Governor. The Chair, in turn, may designate one of the associate 

members of the Board to serve as the Vice Chair, who, during temporary absences of the 

Chair, may serve as Chair Pro Tem until the Chair returns to office or the vacancy is filled. In 

the event that vacancies or temporary absences arise in both offices simultaneously, the other 

associate member shall serve as Chair Pro Tem. The Chair and the associate members of the 

Environmental Quality Board shall earn the salary provided for under the law.

C. — The Governor of Puerto Rico shall also appoint an alternate member for a four (4)-year 

term, to substitute associate members in cases such as vacancy, illness, leave with or without 

pay, vacation leave, temporary absences or inability of any such members, so that the latter 

discharge the functions or perform the tasks entrusted by the Chair as he/she may deem 

necessary in order to accomplish the purposes of this Act or that such member discharge any 

other functions entrusted to him/her under this or other laws.

Such alternate member shall earn, on account of per diems, the amount of seventy-five (75) 

dollars for each day he/she is discharging functions as an active member of the Board; 
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provided, that when the appointment falls on an official or employee of the Government of 

Puerto Rico, such member shall earn no per diems whatsoever.

D. — The Chair, as well as the other two Associate Members and the Alternate Member of 

the Board shall, as a result of their training and experience, be persons of renowned 

capability in environmental protection and conservation matters and shall have no conflicts 

of interests that might interfere with the discharge of their offices.

E. The present members of the Governing Board shall remain in office until the lapsing of 

their term as assigned pursuant to Act No. 9 of June 18, 1970, as amended, known as the 

―Environmental Public Policy Act.‖

Section 8. — Duties of the Chair and the Governing Board. — (12 L.P.R.A. § 8002b)

A. — The Chair of the Governing Board of the Environmental Quality Board shall have, 

among other duties conferred by law, the following duties and powers:

1. Presiding over meetings of the Governing Board and enforcing the decisions approved 

by such Board.

2. Directing and supervising all Governing Board activities, and being able to delegate 

onto other associate members or onto the alternate member any functions or tasks as 

he/she may deem pertinent.

3. Being the Executive Director of the organization, and in such a capacity, he/she shall 

direct and supervise all administrative and technical activities of the Environmental 

Quality Board, and be able to delegate administrative functions provided for in this Act 

onto his/her subordinates and other associate members. Furthermore, in his/her capacity 

as Executive Director, he/she shall have the functions and duties provided for in Section 

9(A) of this Act and any other functions and duties that the Governing Board may 

delegate or entrust onto him/her.

4. Creating the internal organization necessary for discharging the functions entrusted 

onto the Environmental Quality Board to serve the purposes of this Act and being able to 

appoint the officials and employees thereof, pursuant to Act No. 5 of October 14, 1975, 

as amended, known as the ―Puerto Rico Public Service Personnel Act.‖ He/She shall 

adopt rules for the organization and the internal procedures of the Environmental Quality 

Board. It is hereby expressly provided that the Chair shall create the Internal Audit Office 

of the Environmental Quality Board, which shall, at the very least, be attached to the 

Governing Board and be provided with full autonomy and authority to commence 

internal audits as it may deem necessary or convenient.

5. Acting as the official charged with administering any federal environmental program 

which, due its nature, purpose and scope, is related with the functions being entrusted 

onto the Board by law. In this capacity, he/she may enter into and handle any covenants 

or agreements as necessary to carry out the pertinent programs and efforts within the 

bounds of his/her functions and the laws of Puerto Rico.

6. Reporting, at least once a year, to the Legislature and the Governor on environmental 

status and conditions, pursuant to the provisions of Section 6 above.

7. Making and furnishing any studies and reports thereon, as well as recommendations on 

matters of policy and legislation as required by the Governor.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 12 of 65

8. Charging the corresponding fees for copies of its publications or studies in order to 

recover the expenditures incurred on account of their printing and reproduction. The 

revenues thus obtained shall be covered into the Special Account Set For The 

Environmental Quality Board. However, in his/her discretion, he/she may distribute free 

copies of such publications to persons or entities as he/she may deem convenient.

9. Appointing examining officers to preside over public hearings, for whom he/she shall 

fix, if these are not employees of the Environmental Quality Board, the corresponding 

compensation.

10. Hiring the professional services of attorneys-at-law and experts so that they may 

advise or represent him/her in their respective concerns or legal affairs within their 

professional expertise, for whom he/she shall fix the corresponding compensation.

11. Hiring the services of highly specialized persons, including professional and 

counseling services, when necessary to accomplish the purposes of this Act.

12. Establishing and awarding, in coordination with the Commonwealth Personnel 

Office, scholarships to private individuals to pay for studies relative to natural resources 

and environmental conservation and solid waste disposal, which scholarships may cover 

any expenses as deemed necessary in the judgment of the Environmental Quality Board.

13. Requesting, accepting and obtaining the cooperation and the technical and financial 

assistance of Federal, Commonwealth or municipal agencies or private industries or 

entities, as provided for in the applicable legislation and regulations, in order to 

accomplish the purposes of this Act.

14. Requiring that any government body and the officials and employees thereof provide 

the necessary assistance to comply with the provisions of this Act and/or the regulations 

approved thereunder.

15. Being able to accept donations and to provide that fines and royalties are to be spent 

in conducting special studies pursuant to the provisions of this Act, and to use the 

assistance made available by other public and private agencies.

16. Being able to accept, receive, and administer donations or funds from public, semipublic or private entities or entities of the United States Government or any of its 

instrumentalities, and from the Puerto Rico Conservation Trust, with the objective of 

accomplishing the purposes of this Act.

17. Entering into covenants with any political subdivision, department, agency, authority, 

public corporation, educational institution or instrumentality of the Government of the 

Commonwealth of Puerto Rico or the United States of America or any private 

corporation or entity, with the purpose of obtaining or providing professional or any other 

services and of obtaining or providing facilities to accomplish the purposes of this Act. 

The covenants shall specify the services and facilities that are to be obtained or provided 

and the refund or payment for such services or facilities or whether such services are to 

be rendered gratis. Refunds or payments received on account of services or facilities thus 

provided shall be covered into the General Fund of the Commonwealth Treasury, except

that in the case of public corporations, authorities or instrumentalities whose funds are 

not under the custody of the Secretary of the Treasury, such refunds or payments shall be 

covered into the funds of the entity that has provided such services or facilities. As to the 

Environmental Quality Board, such refunds or payments shall be covered into the Special 

Account Set For The Environmental Quality Board.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 13 of 65

18. Preparing and developing projects and programs for the benefit of the environment, 

for the conservation of our environment and our natural resources, for addressing noise 

pollution, and for the proper disposal of solid waste pursuant to the provisions of Act No. 

70 of June 23, 1978, known as the ―Puerto Rico Solid Waste Authority Act,‖ and Act No. 

81 of August 30, 1991, known as the ―Autonomous Municipalities Act of the 

Commonwealth of Puerto Rico of 1991.‖

19. Discharging any other functions and responsibilities delegated or entrusted onto the 

Chair by the Governor or by special laws.

B. — Associate Members assembled into the Governing Board shall be responsible for 

discharging the following duties, powers, and functions:

1. Adopting rules for the internal proceedings and organization of the Governing Board.

2. Discharging the adjudicative functions delegated onto the Environmental Quality 

Board, and in such a capacity, they shall consider and resolve all cases or controversies 

relative to the application of this and any other laws and regulations administered by the 

Environmental Quality Board. The Board shall be empowered to adjudicate cases and 

controversies presented before such Board by private citizens or by officials of other 

agencies, departments, municipalities, public instrumentalities or corporations, 

concerning alleged violations of the laws and regulations administered thereby, on the 

grounds of evidence presented and admitted in the corresponding adjudicative hearing, 

and to impose fines as pertinent pursuant to the provisions of Section 16 of this Act.

3. Being able to designate administrative judges and delegating onto the latter their 

adjudicative powers; provided, that all requests for reconsideration of final 

determinations made by the latter shall be presented before the whole of the Governing 

Board and considered pursuant to the provisions of the Uniform Administrative 

Procedures and the regulations approved thereunder by the Board.

4. Discharging the rulemaking functions delegated onto the Environmental Quality 

Board.

5. Assisting and advising the Chair in the preparation of the report on environmental 

quality required under Section 6 of this Act.

6. Issuing, by request or motu proprio, official interpretations as to the scope and 

applicability of the laws administered by the Environmental Quality Board and the 

regulations adopted thereunder by the Board.

7. Discharging any additional powers and responsibilities delegated onto the 

Environmental Quality Board under Section 9(B) of this Act.

Section 9. — Powers and Duties. — (12 L.P.R.A. § 8002c)

A. — The Environmental Quality Board, under the authority conferred onto its Executive 

Director, shall have the following duties, powers, and functions:

1. — Issuing administrative orders to require remuneration for the Environmental Quality 

Board or to bring any civil or administrative action against any person with the purpose 

of covering any expenditure incurred by the Environmental Quality Board or any other 

instrumentality of the Government of the Commonwealth of Puerto Rico for the removal, 

correction or termination of any adverse effect on the quality of the environment as a 

result of unauthorized pollutants being discharged, whether accidentally or not. Such 
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 14 of 65

orders shall apprise persons to whom these are addressed of their right to pay the amount 

of money claimed or to request the holding of an adjudicative hearing under the Uniform 

Administrative Procedures Act and the regulations approved thereunder by the Board.

2. — Charging and collecting from owners or operators of atmospheric emission sources 

under the Air Operation Permit Program, to be established by regulation, the annual fees 

to be charged when applying for permits or at any time as determined by the 

Environmental Quality Board, to cover the direct and indirect costs necessary for the 

development, oversight, and administration of the Program, including the sustenance of 

the Small Business Technical Assistance and Environmental Compliance Program 

developed by the Environmental Quality Board as required under Section 507 of Title V 

of the Clean Air Act, as amended. If the Board should not determine otherwise, such fees 

shall be raised each year, by using the Consumer Price Index (base year 1989) published 

by the U. S. Department of Labor pursuant to the procedures established by the U. S. 

Clean Air Act, as amended. The moneys thus received by the Environmental Quality 

Board shall be deposited into a special account denominated the Special Account Set For 

The Air Operation Permit Program, to be constituted as an account independent and 

separate from any other account, fund or resources of the Environmental Quality Board 

and the Commonwealth of Puerto Rico. Such funds may only be used for the Air Quality 

Program.

3. — Requiring notice before commencing any construction, installation or establishment 

of sources which are potentially detrimental to the environment and the natural resources, 

as per the indications in the regulations issued under the provisions of this Act, and 

requiring within thirty days from having received such notice and as a condition prior to 

construction, the presentation of plans, specifications or any other information as it may 

deem necessary in order to determine whether the proposed construction, installation or 

establishment conforms to the provisions of this Act and the regulations thereunder. If it 

should so deem pertinent, the Environmental Quality Board may require that an 

environmental impact statement be prepared and issued pursuant to the provisions of 

Section 4(B)(3) of this Act, or require that studies or research be conducted as may, in its 

judgment, be necessary, and that the corresponding reports and any other documents be 

presented.

4. — Conducting research, studies, inspections, and analyses to verify compliance with 

the provisions of this Act and the regulations approved thereunder by the Governing 

Board of the Environmental Quality Board. These actions may be carried out by 

employees and programs of the Environmental Quality Board itself, or by any consultants 

and contractors of said public instrumentality, pursuant to the terms in their contracts, or 

by other employees or programs of any agencies, departments, municipalities, 

corporations or public instrumentalities, pursuant to the current interagency agreements 

between them and the Board on this matter.

5. — Instituting and processing to their final resolution, any administrative or judicial 

actions against any natural or juridical person, whether public or private, for which such 

Board shall be represented by the attorneys of the Department of Justice, its own 

attorneys or such other attorneys it may contract for such purposes, in order to enforce the 

provisions of this Act and the regulations approved thereunder by the Board.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 15 of 65

6. — Establishing a program to conduct investigations against any natural or juridical 

person who violates the provisions of this Act and referring such cases, if deemed 

pertinent, to the Department of Justice. The Board may employ to such ends part of the 

funds covered into the Special Account Set For The Environmental Quality Board on 

account of criminal sanctions imposed by the courts under the provisions of this Act, with 

the purpose of supplementing or complementing the efforts and resources of the 

Department of Justice.

7. — Ordering persons causing or contributing to a condition which harms the 

environment and natural resources or which poses an imminent danger for the public 

health and safety, to immediately diminish or discontinue their actions. Such orders shall 

apprise the person so ordered of his/her right to request that an adjudicative hearing be 

held pursuant to the Uniform Administrative Procedures Act and the regulations 

approved thereunder by the Board.

8. — Issuing orders to do or forbear or to cease and desist so as to take the preventive or 

control measures that, in its judgment, are necessary to achieve the purposes of this Act 

and the regulations promulgated thereunder. The natural or juridical person against whom 

such order is issued may request an administrative hearing to state the reasons for having 

such order modified or revoked and the reasons for which such order should not be put 

into effect. The final resolution or decision of the Governing Board of the Environmental 

Quality Board may be reconsidered and reviewed in the manner provided for in the 

Puerto Rico Uniform Administrative Procedures Act. The effects of such resolution or 

decision of the Board shall not be stayed, unless so ordered by the Circuit Court of 

Appeals of Puerto Rico or by the Governing Board itself, pursuant to the procedure 

prescribed in Section 21 of this Act and to the provisions of the ―Puerto Rico Uniform 

Administrative Procedures Act.‖

9. Issuing provisional orders, with previous notice to the Planning Board and the 

Regulations and Permits Administration, to prohibit the construction of facilities whose 

plans and specifications show to be in violation of the provisions of this Act or its 

regulations.

10. — The Environmental Quality Board, represented by its members, consultants, 

contractors, agents or employees, may enter and examine the establishment, equipment, 

facilities and documents of any person, entity, firm, or government agency or 

instrumentality under its jurisdiction with the purpose of investigating and/or inspecting 

environmental conditions.

 If the owners, holders or their representatives, or official or office refuse to allow such 

entry and/or examination, the representative of the Board shall tender a sworn statement 

before any judge of first instance witnessing the intention of the Board and requesting 

permission to enter such land, body of water or property.

 The Judge shall issue an order to authorize any Board representative to enter the lands, 

bodies of water or property described in the sworn statement and to direct that the 

original documents be field with the Clerk of the Court, which documents shall be

deemed to be public.

The Board representative shall show a copy of the sworn statement and the Order to the 

persons, if any, in front of the property.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 16 of 65

11. — Instituting, represented by the Secretary of Justice, the attorneys of the Board, or a 

private attorney contracted for that purpose, civil actions for damages in any court of 

Puerto Rico or the United States of America to recover the total value of the damages 

inflicted on the environment and/or the natural resources by the commission of any 

violation of the provisions of this Act or its regulations. The sum of the sentence 

collected on such grounds shall be deposited into the Special Account Set For The 

Environmental Quality Board.

12. Resorting to the courts of Puerto Rico or the United States of America, represented by 

the Secretary of Justice, the attorneys of the Board or a private attorney contracted for 

such purpose, in order to request the enforcement of any resolution or decision issued by 

the Governing Board of the Environmental Quality Board or any order issued by the 

Environmental Quality Board requiring immediate action to respond to an environmental 

emergency, and any remedy requested by the Board, through any civil action.

B. — Under the authority conferred onto its Governing Board and pursuant to the requisites, 

guidelines, norms and instructions thereof and the provisions of Section 8(B) of this Act, the 

Environmental Quality Board shall have the following additional duties, authorities, and 

functions:

1. — Environmental Planning and Development of Public Policy.—

a) To develop and recommend to the Governor that public policy which encourages 

and promotes the betterment of environmental quality in order to meet the 

conservation, social, economic, health, and other requirements and goals of the 

Commonwealth.

b) To review and assess the various programs and activities of the Government in 

light of the policy established under Title I of this Act, with the purpose of 

determining the extent to which such programs and activities are contributing to the 

achievement of such policy, and to make recommendations to the Governor on such 

matter.

c) To establish an administrative mechanism whereby the Environmental Quality 

Board coordinates with the Department of Health, the Solid Waste Authority, the 

Department of Natural and Environmental Resources, the Commonwealth Emergency 

Management Agency, and all other agencies concerned, for the implementation of the 

provisions of this Act and its regulations and in order to resolve any conflicts as to 

jurisdiction or competence resulting from the transfer of authorities and powers to the 

Board by this Act, as well as any others whose resolution is necessary to achieve the 

objectives of this Act and to prevent the duplication of government efforts and 

improve efficiency in services rendered to citizens and the protection of the 

environment.

d) To compile timely and authoritative information on the conditions and trends in the 

quality of the environment, both current and prospective, to analyze and interpret 

such information in order to determine whether such conditions and trends are 

interfering or could possibly interfere with the accomplishment of the policy set forth 

in Title I of this Act, and to compile and submit to the Governor such studies relative 

to such conditions and trends.

e) To conduct research, studies, inspections and analyses relative to the ecological 

system and the quality of the environment.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 17 of 65

f) The Board may direct the persons and entities under its jurisdiction to pay expenses 

and fees for professional and consultatory services incurred on account of research or 

any other procedure carried out in relation to such persons or entities. The Board shall 

determine the manner and the time in which such payments are to be made, with the 

previous approval of the invoices presented by the persons rendering their services, 

and these amounts paid shall be covered into the Special Account Set For The Board. 

The Board may charge and direct that any person and/or public or private institution 

compensate the Board for costs incurred regarding any research, action or tracking or 

monitoring, issue or remission of permits, and mathematical modeling required by 

Commonwealth or Federal environmental regulations.

g) The Board may require all persons or entities under its jurisdiction to file before 

the Board such reports as required for the implementation of the provisions of this 

Act.

h) To document and define changes in the natural environment, including plant and 

animal systems, and garner the necessary information as well as any other 

information necessary or convenient for an ongoing analysis of these changes or 

trends and an interpretation of its root causes.

i) To take all proper measures to prevent any harm to the environment and the natural 

resources considered by the Board to constitute irreparable damages or which 

contravenes the public interest.

j) To discharge necessary and reasonable functions as to the planning and 

development of the public policy concerning the problems posed by solid waste in 

Puerto Rico.

k) To determine and classify through regulations such natural resources or areas that, 

in its judgment, warrant special protection, and to establish and fix through 

regulations promulgated to that effect, the protections, conditions and requirements 

that guarantee the protection of such natural resources or areas.

2. — Environmental Education and Public Involvement.—

a) To develop an environmental education and public involvement program to 

promote the achievement of the objectives of the environmental public policy of 

Puerto Rico and which inures to the benefit of the citizens at large. The involvement 

of the Department of Education, universities and academic institutions, and any other 

pertinent public and private organizations in these efforts shall be promoted.

3. — Regulations and Permit System.—

a) To adopt, promulgate, amend, and repeal regulations to implement the provisions 

of subsections (B)(2) and (B)(3) of Section 4 of this Act. Such regulations shall 

include, among others, such provisions to recover from the proposing party, the costs 

actually incurred in the process of electronically posting the disclosure of 

environmental impact statements, and to prevent unnecessary delays or conflicts 

between agencies, in order to determine which agencies shall act as proponents or 

consultants and which agencies shall act as advisors or commentators on a case-bycase basis. Any conflict or controversy between agencies regarding the application of 

Section 4 of this Act shall be resolved or adjudicated on a case-by-case basis by the 

Governing Board of the Environmental Quality Board.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 18 of 65

b) To adopt, promulgate, amend, and repeal regulations to establish a mechanism 

destined for the quality control of the data generated during the sampling and analysis 

of standards indicative of the existing quality of the environment or generated by a 

pollutant source that should be subjected to compliance with the norms and 

requirements of the applicable environmental regulations, including, but not limited 

to:

1) Establishing a procedure geared toward the certification and accreditation of 

such individuals, corporations or public or private institutions that generate data 

on the quality of the environment in compliance with environmental regulations.

2) Keeping a register of individuals, corporations or public or private institutions 

that generate data on the quality of the environment and the waste generated by 

pollutant sources, in order to guarantee the reliability of such data so as to 

expedite the data validation procedure before the consideration of the Board.

c) To classify through regulations, the sources that in its judgment are adversely 

affecting the environment and the natural resources, and to require reports on each of 

these sources.

d) To determine, through studies and samplings, the degree of purity of waters and 

the air, and to establish the corresponding norms in coordination with the agencies 

concerned.

e) To adopt rules and regulations to establish a permit-awarding and licensing 

mechanism that regulates the control of the pollution in the air and water and by solid 

waste and noise. In each case in which the issue or renewal of a permit, certification, 

license or similar authorization is applied for, the Board shall take into account the 

history of compliance of the applicant, from five years preceding the date of such 

application, in order to exercise its administrative discretion to deny, suspend, modify 

or revoke a permit with the purpose of protecting the environment and conserving the 

natural resources as the circumstances may require. The Board shall also take into 

account any other relevant factors and any evidence presented by the applicant or 

holder of a permit or a similar authorization to support such application, and the 

importance or relevance that such compliance history shall be accorded.

4. — Solid Waste Management, Transportation and Disposal.—

a) To adopt, promulgate, amend and repeal rules and regulations for solid waste 

disposal and establish the sites and methods to dispose of such solid waste.

5. — Control of Emissions into Atmosphere.—

a) Establish through regulations such requirements as necessary in its judgment to 

control emissions into the atmosphere and to prevent, diminish or control global 

warming and damages to the environment and the natural resources.

6. — Noise Control.—

a) To establish environmental quality and purity standards, as deemed convenient, 

and to adopt rules and regulations as necessary and reasonable for the control, 

diminution or elimination of noise harmful to the public health and welfare. Provided, 

that when adopting rules and regulations on noise and the determination of their 

harmfulness to the public health and welfare, it shall take into account the exercise of 

constitutional rights, such as: freedom to worship, freedom of expression, freedom of 
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 19 of 65

association, and the right to privacy. The best balance of interests as per the cultural 

traditions, values and patterns of the People of Puerto Rico is thus guaranteed.

b) The Environmental Quality Board shall have exclusive first-instance jurisdiction to 

elucidate all matters relative to cases involving noise generated by churches, temples, 

preaching sites, missions and other places devoted to public worship, excluding any 

other administrative or judicial forum. Any lawsuit filed with a court of justice in the 

civil or the criminal venue involving a case of noise generated at the institutions listed 

above shall be transferred to the Environmental Quality Board for the elucidation and 

adjudication thereof, without impairment of the use of other recourses established by 

law.

c) Elimination of Noise Propagated Within Waters.—

1) The Environmental Quality Board shall comply with the following:

a – Requiring the elimination of noise propagated within the waters of Puerto 

Rico which under this subsection (B)(6)(c) are deemed to be potentially 

harmful to the public health or the public welfare or to both;

b – Preserving the waters of Puerto Rico for fishing, tourism and recreational 

and commercial activities, all of which are important for the welfare of the 

residents of the Commonwealth of Puerto Rico;

c – Eliminating noise pollution determined under this clause to be harmful to 

the health and welfare of the residents of the Commonwealth of Puerto Rico, 

while striving to preserve fishing, tourism, and recreational and commercial 

activities that are important for the welfare of the residents of the 

Commonwealth of Puerto Rico;

d – Issuing stringent prohibitions on all sources of activity that produce a 

maximum sound pressure level equal to or greater than 190 dB re 1μ –Pa in 

the water, measured at any point within the waters of Puerto Rico, except in 

―excluded commercial navigation routes,‖ as these are defined in subsection 

(B)(6)(c)(2) of this Section, pursuant to the terms of this subsection (B)(6)(c);

e – Providing the terms for measuring the levels of sound pressure in the 

waters of Puerto Rico; and

f – Providing the means to guarantee compliance with and implementation of 

the provisions of this clause.

2) For purposes of the provisions of this subsection (B)(6)(c), the terms set forth 

below shall have the following meaning:

a – Decibel (dB).—A unit used to measure the magnitude of sound, equal to 

ten times the base-10 logarithm of the ratio between the square of the acoustic 

pressure divided by the square of the reference pressure, which is 1μ –Pa in 

the water.

b – Department.—The Department of Justice of the Commonwealth of Puerto 

Rico.

c – Emission.—Propagation of noise into the atmosphere or the sea from any 

source.

d – Emission Source.—Any object, device or other sources that generate 

sound waves.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 20 of 65

e – Frequency.—Number of repetitions per time unit of a complete wave, 

expressed in Hertz (Hz), whereby 1 Hz equals one cycle per second.

f – Marine League.—A unit equal to three (3) nautical miles, whereby one 

nautical mile equals 1,852 meters, or approximately 6,076 feet.

g – Noise.—Any sound that disturbs or causes a physical or psychological 

disorder to human beings and marine wildlife.

h – Noise Pollution.—Any sound emission that propagates at a maximum 

sound pressure level equal to or greater than 190 dB re 1μ –Pa in the water, at 

any point within such waters of Puerto Rico.

i – Noise Prohibition Pursuant to this Subsection (B)(6)(c).—The prohibition 

established in subsections (B)(6)(c)(1) and (B)(6)(c)(3) of this Section, and 

any prohibition or requirement set forth by any other statute, including, but 

not limited to, the United States Noise Control Act of 1972 (42 U.S.C. 4901 et 

seq.), inasmuch as a violation of subsections (B)(6)(c)(1) and (B)(6)(c)(3) also 

constitutes a violation of such prohibition or requirement in another statute.

j – Person.—Any natural or juridical person or group of persons, whether 

private or public, including, but not limited to, any department, 

instrumentality or public corporation of the Commonwealth of Puerto Rico 

and its municipalities, and any department, agency or public corporation of 

the government of the United States.

k – Sound.—An oscillatory phenomenon whereby matter is made to vibrate so 

that its pressure and all other characteristics are altered. The description of this 

phenomenon includes features such as period, amplitude, frequency, 

maximum pressure level, and particle speed.

l – Sound Deflecting Material, Instrument or Method.—Any object or process, 

other than environmental air or the natural environment, which might interfere 

with or alter or mitigate the sound pressure level generated by an emission 

source.

m – Maximum Sound Pressure Level.—The maximum sound pressure level 

equals 10 Log (Ppeak)2/(Pref)2.

n – Sound Generation Site.—Facility, place, site or grounds where an acoustic 

wave is originated. The sound generation site comprises all individual sources 

of sound, such as the fixed, mobile or portable kind, located within the bounds 

of such property.

o – Waters of Puerto Rico.—All navigable bodies of water and the land lying 

thereunder within and around the Island of Puerto Rico and adjacent islands, 

as well as the waters that have been placed under the control of the 

Commonwealth of Puerto Rico that extend from the coast of the islands of 

Puerto Rico and adjacent islands to the seaward as per past or present 

modifications, be it due to accumulation, erosion or water drawback, up to a 

distance of three marine leagues.

p – Excluded Commercial Navigation Routes.—Any portion of the waters of 

Puerto Rico, when such portion is used by a container ship, a tanker, or other 

commercial cargo vessel, or a tourist ship, or a ship of the Navy of the United 

States of America, or any other vessel in transit through the waters of Puerto 
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 21 of 65

Rico, with the sole purpose of faring such waters of Puerto Rico, and not for 

any other additional purpose or purposes, such as engaging in war games, 

weapon testing or seismic explorations and research, which result in the 

emission of sound, whether by air or by water, that at one point, for any 

duration and in any frequency or frequency scale, becomes propagated to the 

waters of Puerto Rico at a maximum sound pressure level equal to or greater 

than 190 dB re 1μ –Pa, measured at any point within such waters of Puerto 

Rico.

3) No person shall cause or allow the emission of a sound into the air or the water 

which, at any point, for any duration and in any frequency or frequency scale 

becomes propagated to the waters of Puerto Rico, if other than by virtue of the 

―excluded commercial navigation routes,‖ as defined in subsection (B)(6)(c)(2) of 

this Section, at a maximum sound pressure level equal to or over 190 dB re 1μ –

Pa, as measured at any point within such waters of Puerto Rico.

4) The Department is hereby authorized to institute judicial proceedings in any 

court of the Commonwealth of Puerto Rico or in any Federal court to seek remedy 

against a person who violates or is about to violate the noise prohibition 

established pursuant to this subsection (B)(6)(c). The Department is not bound to 

await any action by the Board before instituting any judicial proceeding against 

any person.

5) Upon showing that it is likely for any person to violate the noise prohibition 

under this subsection (B)(6)(c), the court shall order an preliminary injunction to 

prohibit any violation of such noise prohibition.

6) Upon proving that any person has violated or will violate the noise prohibition 

under this subsection (B)(6)(c), the court shall order a permanent injunction to 

prohibit any violation of any noise prohibition under this subsection (B)(6)(c).

7) Any person may apply for an exemption from the prohibition under this 

subsection (B)(6)(c) to the Board. The Environmental Quality Board may grant an 

exemption only if it should determine that, at the time of presenting an 

application, such applicant: (1) is complying with the provisions of this Act and 

continues to comply therewith while the exemption application procedure is 

pending; and (2) the applicant has shown through valid, convincing and clear 

scientific evidence that the exemption on the prohibition shall not cause any harm 

whatsoever to human or animal life. The determination of the Board concerning 

exemption applications shall be made after holding an evidentiary hearing of the 

whole that provides the applicant and any other parties interested with the 

opportunity to present proof. No exemption shall be granted to any person who 

violates the noise prohibition under this subsection (B)(6)(c) while applying for 

such exemption to the Board.

8) When applying to the Board for an exemption on the provisions of this 

subsection (B)(6)(c), the Board shall personally notify the Secretary of Natural 

and Environmental Resources, the Secretary of Justice, the Mayors and the 

Municipal Assemblies of the Municipality where the sound generation sites or the 

emission sources are located and where any of the effects caused by such sources 

are present. A notice shall be published in two newspapers of general circulation 
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 22 of 65

in the Island for a period of three days. All these officers, as well as any parties 

interested who so request, shall be entitled to participate in the evidentiary 

hearings as parties to the process.

9) Any person entitled to apply for an exemption to the Board may also apply to 

the Board for a emergency suspension of the prohibition that this subsection 

(B)(6)(c) imposes during the exemption application procedures. The Board shall 

resolve said application within thirty (30) days. The applicant and all persons 

interested shall be entitled to appear and to present evidence and arguments. The 

Board may grant an emergency suspension only if the applicant: (1) shows by 

valid, clear and convincing scientific evidence that the suspension of the 

prohibition shall not inflict any harm on human or animal life during the entire 

exemption application procedure, and (2) establishes that the applicant shall be 

caused irreparable damage if the prohibition is kept in effect while the exemption 

application procedure is pending.

10) In the event that the Board receives an application for exemption or 

emergency suspension before the Board promulgates regulations to implement the 

provisions of this subsection, the Board shall hear and decide the application 

pursuant to the standards set forth in this subsection (B)(6)(c), as reasonably 

interpreted by the Board.

11) Authorized Board representatives may request a court order authorizing them 

to enter and investigate any sound generating site or emission source under the 

jurisdiction of the Board with the purpose of: (1) investigating and verifying 

compliance with the provisions of this subsection (B)(6)(c); (2) taking any 

measurements of the maximum sound pressure level as the Board may deem 

necessary to enforce compliance with this subsection (B)(6)(c); or (3) having 

access to the Title Deeds or documents relative to any issue under investigation.

12) The Board shall be entitled to require that the owner, custodian or operator, or 

any other party with control over any sound generating site or sound emission 

source that propagates sound within the waters of Puerto Rico, establish and keep 

any records and prepare any reports as the Board may demand in the reasonable 

discharge of its responsibility of enforcing this subsection (B)(6)(c).

13) The Board may require that the owner, custodian, operator or any other party 

with control over a sound generating site or sound emission source measure the 

maximum pressure level of the sound being propagated by the sound generating 

site or the sound emission sources toward the navigable waters within and around 

the island of Puerto Rico and adjacent islands.

14) Any measurement under the provisions of this subsection (B)(6)(c) shall be 

taken: (1) directly under and in front of the sound emission source, but in no case 

shall the maximum sound pressure level be measured at a distance greater than six 

(6) meters in front of the source, and in no case shall the maximum sound 

pressure level be measured at any distance beside or behind such source; (2) by a 

single hydrophone (reference 1μ –Pa) on the water surface or just below the sea 

surface, but in no case shall the measurement be taken at a depth greater than one 

meter below the sea surface.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 23 of 65

15) This Act strictly prohibits the use or presence of any sound deflecting 

material, instrument or method in or around the sound generating site or emission 

sources or between the sound generating site or the emission source and the 

gauging instrument, that is not present at the time the sound pressure level is 

measured in each instance in which any sound is generated at such site or source.

16) The Board may require that any sound generating site or any sound emission 

source install, operate and maintain accurately calibrated monitoring equipment in 

proper working order, and prepare and remit to the Board periodical reports on the 

maximum sound pressure level measurements taken and on such equipment 

accuracy tests as the Board may determine to be appropriate and satisfactory.

17) No permit whatsoever shall be required under this subsection (B)(6)(c) for 

sound emissions not in violation of the noise prohibition established thereunder.

18) The Board is hereby authorized to adopt regulations to implement the 

provisions of this subsection (B)(6)(c) pursuant to Act No. 170 of August 8 

12[sic], 1988, as amended, known as the ―Uniform Administrative Procedures 

Act.‖

19) Any final determination of the Board under this subsection (B)(6)(c) or any 

rule or regulation issued thereunder may be subject to reconsideration and review 

pursuant to the provisions of Act No. 170 of August 8, 1988, as amended, known 

as the ―Uniform Administrative Procedures Act of the Commonwealth of Puerto 

Rico.‖

20) By request of the Department, the Board shall provide the Department with 

any information compiled by the Board pursuant to this subsection (B)(6)(c). The 

Board shall promptly inform the Department if the Board should be apprised of 

any violation of the noise prohibition under this subsection (B)(6)(c) or if any 

person should refuse to allow an inspection or to furnish the information 

requested by the Board pursuant to this subsection (B)(6)(c).

21) The Board may issue an infringement notice or a summons and a cease and 

desist order insofar as it determines that any person is not complying with some of 

the requirements of this subsection (B)(6)(c) or with any regulation adopted by 

the Board to implement the requirements of this Section. The Board shall 

establish by regulation the procedure to be followed to issue infringement notices, 

summonses and cease and desist orders.

22) The Board is hereby authorized to impose monetary sanctions against any 

person who does not obey any cease and desist order issued by the Board under 

this subsection (B)(6)(c). For the first offense, the board may impose a sanction in 

the amount of two hundred fifty thousand (250,000) up to twenty-five million 

(25,000,000) dollars. For the second or subsequent offenses, the Board shall be 

authorized to impose a sanction in the amount of two hundred fifty thousand 

(250,000) up to fifty million (50,000,000) dollars. The Board shall establish by 

regulation the procedure to be followed when imposing such sanctions.

23) The Board may institute a judicial proceeding in any court of the 

Commonwealth of Puerto Rico or any Federal court to: (1) obtain a court order to 

compel any person to comply with any of the requirements of this Section or any 
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 24 of 65

of the regulations adopted by the Board pursuant to this Section, and (2) collect 

any monetary sanction imposed by the Board pursuant to this subsection.

24) If the owners, custodians or operators, or any other parties with control over 

any sound generating site or any sound emission source, or their representatives 

or officers in charge should refuse to allow the inspection or to furnish the 

information requested by the Board under this subsection (B)(6)(c), the 

Department and the Board shall be entitled to presume that such sound generating 

site or sound emission source violates the noise prohibition under this subsection 

(B)(6)(c) in any court proceeding instituted by the Department. Such presumption 

shall be rebuttable only with clear and convincing evidence as to the fact that the 

sound generating site or sound emission source does not generate noise in 

violation of the noise prohibition under this subsection (B)(6)(c).

d) Noise Awareness Day.—

1) It is hereby provided that the last Wednesday of the month of April of each 

year shall be observed throughout the Commonwealth of Puerto Rico as the 

―Noise Awareness Day in the Commonwealth of Puerto Rico.‖

2) The Governor of the Commonwealth of Puerto Rico shall enforce compliance 

with the purposes of the day thus observed. Likewise, through a proclamation to 

that effect, he/she shall urge all Puerto Rican people to conduct activities on such 

date that are conducive to the celebration and the education of citizens about the 

purpose and importance of the works carried out on such date.

7. — Controlling Pollutant Discharges Into Bodies of Water.—

a) To adopt regulations, issue permits and pronounce orders restricting the contents of 

any waste material(s) or pollutant(s) discharged or intended for discharge into the 

waters of Puerto Rico and to establish and implement regulations for the pretreatment of sewage waters and for the control of dispersed pollution sources. To that 

effect, the Board shall be empowered to exercise, among others, such powers and 

authorities as may be delegated thereto and as may be necessary:

1) Including, but not limited to, the implementation of the National Pollutant 

Discharge Elimination System, while observing the provisions of the Federal 

Clean Water Act, as amended.

b) To prohibit any discharge of pollutants by any natural or juridical persons, groups 

organized under a corporate name, public corporations, including municipalities, 

agencies, instrumentalities of the Government of Puerto Rico and the Government of 

the United States of America, that do not have the corresponding permit issued by the 

Board.

c) The permit system shall include, but not be limited to, the following points:

1) Establishing limitations and standards for effluents;

2) Establishing efficiency standards for new sources;

3) Establishing prohibitions and standards for effluents;

4) Pre-treatment standards;

5) Toxic substance standards;

6) General procedures and conditions for the issue, review, modification, 

revocation and suspension of the corresponding permit.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 25 of 65

8. — Underground Injection Control.—

a) To adopt, promulgate, amend and repeal regulations for a program intended for the 

control of the underground injection of fluids, including, but not limited to:

1) Prohibiting any underground injection by any natural or juridical persons, 

groups organized under a corporate name, public corporations, including 

Municipalities, Agencies, Instrumentalities of the Government of the 

Commonwealth of Puerto Rico and the United States of America, that do not have 

the corresponding permit issued by the Board, except when so authorized by 

regulation. These permits shall require the previous endorsement of the 

Department of Natural Resources in those cases thus provided through the 

Regulation for Subsoil Injection Control.

2) Underground injection carried out by Federal or Commonwealth agencies or by 

any person into Federal Government property or facilities in Puerto Rico.

3) Requiring that the applicant for such permit show to the satisfaction of the 

Board that underground injection shall not jeopardize water sources, regardless of 

whether injection is authorized by permit or regulation.

4) Requirements for the inspection, monitoring, record keeping and reports.

5) General procedures and conditions for the issue, review, modification, 

revocation and suspension of the corresponding permit.

9. — Hazardous Solid Waste Management, Transportation and Disposal.—

a) To adopt rules and regulations and pronounce orders establishing the appropriate 

norms for recovery, use, storage, recollection, separation, compacting, and 

processing, and to establish the adequate management for the final and safe disposal 

of hazardous waste, including, but not limited to:

1) Requiring that owners and operators of any hazardous waste treatment, storage, 

transportation and/or disposal facilities obtain the corresponding permit issued by 

the Board, pursuant to the purposes of this Act and the regulations promulgated 

thereunder.

2) Standards for hazardous waste generators and transporters and for owners and 

operators of facilities wherein hazardous waste is treated, stored, disposed of or 

managed, so as to protect human health and the environment, including standards 

for a manifest system to track hazardous waste and claim financial liability.

3) General procedures and conditions for the issue, review, modification, 

revocation and suspension of the corresponding permit.

b) To adopt rules and regulations to establish a register, permit and licensing 

mechanism for the installation and operation of plants or systems for solid waste 

recovery, processing and final disposal. The plans to build these plants or systems 

shall be submitted to the Board for its approval, without impairing the obligation of 

applicants to comply with the provisions of all other applicable laws. The 

Environmental Quality Board may issue orders as it may deem necessary to ensure 

that the operation of these plants or systems does not inflict any harm upon the 

environment.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 26 of 65

10. — Lead Paint Removal Control and Management Program.—

a) To adopt, promulgate, amend and repeal regulations as necessary to establish a 

mechanism conducive to the certification and licensing of individuals involved in 

lead paint removal, including, but not limited to individuals who:

1) Inspect and determine the presence of lead in paint;

2) Assess the risk that lead paint poses for those inhabiting the structure;

3) Plan and prepare designs for lead paint removal projects;

4) Carry out or supervise lead paint removal works.

b) To adopt, promulgate, amend and repeal regulations to establish a mechanism for 

the accreditation of public or private institutions that intend to train personnel 

involved in lead paint removal through courses or any other educational activity of a 

similar nature. These institutions shall also be authorized by the Commonwealth 

agencies and bodies responsible for the accreditation of academic programs.

c) To adopt, promulgate, amend and repeal regulations as necessary to issue the 

permits to be obtained before starting any lead paint removal activity.

d) To adopt, promulgate, amend and repeal regulations as necessary for the disposal 

of waste generated by lead paint removal activities.

11. — Property Redevelopment and Voluntary Cleanup Program.—

a) To establish the Property Redevelopment and Voluntary Cleanup Program with the 

purpose of promoting and incentivizing the redevelopment and cleanup of abandoned, 

vacant and/or underused or idled properties that pose or could pose environmental 

pollution risks, in order to promptly restore them to productive and beneficial use.

b) The Board may adopt, promulgate, amend and/or repeal rules, regulations, 

procedures, guidelines, provisions, and standards to effectively administer, promote 

and implement the Program. The Board shall have the authority and discretion to set 

and issue the scope, terms, criteria, prohibitions, procedures, limits and/or parameters 

as reasonable and practical for the eligibility of properties under the Program, the 

preparation of environmental assessments for properties, the voluntary cleanup 

standards, environmental liability releases, and any other agreement(s), letter(s), 

order(s), certificate(s) or special document(s) whose issue it may, in its discretion, 

deem pertinent, depending on the case or project before its consideration.

c) The Board shall have the authority to enter into any kind of agreement(s), 

covenant(s) and/or memorandum(s) of understanding as it may deem pertinent with 

the United States Environmental Protection Agency with the purpose of obtaining 

additional authorities, clarifying responsibilities, offering greater incentives and 

protections, and clarifying any other terms and conditions germane to the Program.

d) The Board shall have the authority to conduct internally or to outsource for the 

preparation of studies and evaluations as necessary to determine the viability and 

progress of the Program and to identify new strategies in order for the Program to 

keep abreast of national programmatic changes that might occur in the future. The 

Board may establish and direct a Steering Committee composed, as it may deem 

pertinent, of representatives from agencies, departments and/or public corporations of 

the Commonwealth of Puerto Rico, municipalities, the industrial sector, the business 

sector, and the community, with the purpose of identifying additional incentives, 

initiatives and needs, creating a potential property inventory for the Program, and 
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 27 of 65

implementing any other initiative as it may deem pertinent for the benefit of the 

Program.

e) To establish, charge and/or collect such fee(s) as the Board may deem reasonable, 

to all petitioners who wish to inquire into their eligibility for the Program and/or 

apply for coverage under the Program, to cover the direct and indirect costs necessary 

to develop, administer, and oversee such Program. The Board shall have the authority 

and the discretion to establish how frequently the fee(s) are to be increased and the 

amount of the increase. The moneys thus received by the Board shall be deposited 

into an account denominated Special Account Set For The Property Redevelopment 

and Voluntary Cleanup Program, which is to be constituted as an account 

independent and separate from any other account, fund or resource of the 

Environmental Quality Board and the Commonwealth of Puerto Rico. Such funds 

may be used solely on the Property Redevelopment and Voluntary Cleanup Program.

f) The creation or establishment of this Program by no means limits or curtails any 

authorities, powers and duties conferred to the Board under the provisions of this Act.

12. — Opacity Reader Certification Program.—

a) To adopt, promulgate, amend and repeal regulations as necessary to establish a 

mechanism conducive to the certification for individuals who visually determine the 

opacity of emissions generated by stationary sources, which results are to be 

submitted or used in compliance with environmental regulations, its norms, 

requirements and permits issued thereunder, including, but not limited to:

1) Adopting by regulation, the methods to be used to visually determine the 

opacity of emissions generated by stationary sources;

2) Establishing a register for individuals certified to conduct the visual 

determination of the opacity of emissions generated by stationary sources which 

are to be used or submitted in compliance with environmental regulations and the 

permits issued thereunder;

3) Adopting regulations to accept by reciprocity, individuals certified by other 

jurisdictions or Federal agencies who use methods similar to those used in Puerto 

Rico, so that they may be certified without the training requirements;

4) Establishing the minimal requirements necessary to be able to be certified as an 

opacity reader, including training and tests;

5) Establishing technical requirements for the recognition of opacity reader 

schools, one of which may be attached to the Environmental Quality Board, 

which shall be in charge of the technical training necessary to be able to opt for

the opacity reader certification, the regulations of which shall conform to the 

provisions of Act No. 170 of August 12, 1988, as amended, known as the 

―Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico‖;

6) Charging for services rendered in training individuals who aspire to become 

certified Opacity Readers and in certifying such individuals;

7) Using the resources and facilities of the Environmental Quality Board to carry 

out the purposes of this Program; and

8) Any provisions to be approved must conform to the ―Federal Clean Air Act of 

1990‖ (Public Law No. 101-549 of November 15, 1990. 42 U.S.C. §§7401 et 

seq.).
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 28 of 65

13. — Air Operation Permit Program under Title V of the “Federal Clean Air Act”.—

a) The Board may adopt regulations in order to establish the Air Operation Permit 

Program under Title V of the ―Federal Clean Air Act,‖ as amended, hereinafter 

denominated the ―Program,‖ to require and grant air operation permits to owners or 

operators of regulated atmospheric pollutant sources which require permits under 

Title V of the ―Federal Clean Air Act of 1990,‖ as amended, as well as hazardous 

atmospheric pollutant sources and solid waste incinerators. Likewise, the Board may 

issue orders against the owners or operators of affected sources to enforce compliance 

with such permits. To that effect, the Board shall be empowered to and must:

1) Require that atmospheric pollutant sources under the Program comply with 

requirements such as monitoring, record keeping, reporting and other compliant

certification requisites.

2) Establish effectible requirements as to periodical sampling or testing and 

incorporate these into permits.

3) Include in permits, any applicable Commonwealth or Federal provision in 

addition to the provisions set forth under the Commonwealth Implementation Plan 

and those of the Federal Implementation Plan, if applicable.

4) Include a severability clause in permits.

5) Include in permits, alternate operating scenarios.

6) Allow changes within a source authorized to operate under the Program with 

no need for said changes to require a permit review, if such changes are not 

modifications under Title I of the ―Clean Air Act,‖ are not in contravention of 

Title V of such Federal Act and do not exceed the emissions allowed under the 

permit, and the facility gives written notice to the Administrator of the United 

States Environmental Protection Agency and the Environmental Quality Board 

seven (7) days before implementing such changes. The Environmental Quality 

Board may require that said notice be given within a shorter term in emergency 

cases.

7) Allow the exchange of emission increases and decreases between units within 

the same permit-holding facility, as well as other similar changes or programs 

without these requiring either a permit review or an environmental impact 

statement under the applicable regulatory provisions and the emission exchange 

policy authorized by the ―Federal Clean Air Act,‖ as amended, and the 

Environmental Quality Board, insofar as such change is contemplated under the 

facility’s permit and does not represent a net emission increase. Implement market 

incentive programs directed to having the net effect of reducing the atmospheric 

pollution produced by each regulated pollutant, pursuant to the provisions of the 

―Federal Clean Air Act,‖ as amended, and the regulations thereunder.

8) Coordinate operation permit applications with pre-construction permits, 

pursuant to any timetable authorized in the Federal regulations.

9) Grant general permits pursuant to the requirements and regulations of both the 

―Federal Clean Air Act,‖ as amended, and those imposed by the Environmental 

Quality Board.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 29 of 65

10) Exempt emission units that represent insignificant activities or emissions 

pursuant to the requirements and regulations of both the ―Federal Clean Air Act,‖ 

as amended, and those imposed by the Environmental Quality Board.

11) Establish procedures in order for permit applications to comply with the 

Federal provisions codified in Part 70 of Title 40 of the Code of Federal 

Regulations and the regulations of the Environmental Quality Board.

12) Establish administrative procedures and deadlines for granting initial 

operation permits and permit renewals, modifications and reopenings. The 

Environmental Quality Board shall make a final decision each year concerning 

each third of all completed initial applications filed within a period not to exceed 

three (3) years after the program has entered into effect.

a – After issuing a final decision regarding all completed initial applications, 

the Environmental Quality Board shall have eighteen (18) months from the 

date the completed application was filed, to issue its final decision, and in the 

case of minor modifications, the Board shall have ninety (90) days to issue its 

final decision regarding the permit.

b – If the Environmental Quality Board were not to act within the 

aforementioned terms, such inaction shall be deemed to be a denial, subject to 

the applicable judicial review and reconsideration procedures.

13) Adopt adequate procedures to evaluate permit reviews and modifications.

14) Require that the owners or operators of atmospheric pollutant sources under 

the Program submit permit applications within twelve (12) months following the 

date the affected source was included in the Program, if the Board certifies that a 

permit application is complete and has been filed on time, such permit shall 

provide the owners or operators of emission sources with protection against 

possible legal actions for noncompliance with the Federal and Commonwealth 

provisions that require a permit to be obtained before operating an emission 

source. The protection accorded by the application shall not extend to the 

protection set forth in paragraph 15.

15) By petition of the applicant and in the discretion of the Board, operation 

permits shall include a protective clause, which shall establish that compliance 

with the permit’s terms and conditions—except those for which the protective 

clause is expressly prohibited under Title V of the ―Federal Clean Air Act,‖ as 

amended—constitutes compliance with the applicable requirements identified and 

included in the permit and those which the Board may determine not to apply to 

the source.

16) Require that the owners or operators of sources under the Program file an 

application for permit renewal. A renewal application that is complete and filed 

on time shall provide the owners or operators of permit-holding sources with 

protection against possible legal actions for noncompliance with the Federal and 

Commonwealth provisions that require a permit to be obtained before operating 

an emission source.

17) Issue operation permits to emission sources covered under the Program for a 

period not to exceed five (5) years, except for solid waste incinerators that burn 

municipal waste, for which the permit shall be issued for a period not to exceed 
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 30 of 65

twelve (12) years, and the same shall be reviewed every five (5) years as of their 

date of initial issue or subsequent issue.

18) Reopen and review to incorporate any applicable Federal and Commonwealth 

requirement, permits approved after the adoption of such Federal and 

Commonwealth requirement for sources under Title V of the ―Federal Clean Air 

Act,‖ as amended, holding permits with a remaining effective term of three (3) 

years or more.

19) Require that the owners or operators of sources under the Program submit 

compliance plans and establish compliance plans for sources that submit 

inadequate plans.

20) Require that the owners or operators of sources under the Program submit 

compliance timetables and certifications, when applicable.

21) Terminate, modify, revoke and issue operation permits, when there is cause.

22) Provide public notice and the opportunity for comments and public hearings 

concerning permit and permit renewal applications from emission sources 

established under the Program consistent with Act No. 170 of August 12, 1988, as 

amended, known as the ―Uniform Administrative Procedures Act of the 

Commonwealth of Puerto Rico‖ and with United States Environmental Protection 

Agency regulations.

23) Make available to the public, the air operation permit applications, the 

compliance plans, sampling or compliance reports and permits, subject to the 

confidentiality provisions in Act No. 170 of August 12, 1988, as amended, and in 

Section 114(c) of the ―Federal Clean Air Act,‖ as amended.

24) Have available the Board reconsideration and judicial review procedures form 

any party legitimized to request the review of a final decision by the Board, in 

connection with an air operation permit under Title V of the ―Federal Clean Air 

Act,‖ as amended, as the former are set forth in this Act and in Act No. 170 of 

August 12, 1988, as amended. Judicial review after a final action by the Board 

and the exhaustion of all administrative remedies shall be the only legal means 

whereby to contest the validity of an operation permit under Title V of the 

―Federal Clean Air Act,‖ as amended. Only those questions of fact or of law 

raised during the opportunity for comments or the public hearings may be 

contestable in Court. No collateral contention concerning a final operation permit 

shall be allowed unless such request for reconsideration or judicial review is 

based on new facts or changes in the legal and/or administrative system that may 

arise after the review period.

25) Abstain from issuing a permit if the United States Environmental Protection 

Agency objects the issue thereof in writing within the period established therefor. 

The Board may revoke a permit previously granted under the Program if the 

United States Environmental Protection Agency presents its objection in writing 

within the period established therefor.

26) Inspect sources with operation permits in order to ensure compliance with any 

requirement established under the Program.

27) Compel compliance with the conditions of a permit after its term has lapsed or 

after its expiration.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 31 of 65

14. — The Environmental Research Laboratory of Puerto Rico.—

a) The Puerto Rico Environmental Research Laboratory is hereby created, to be 

attached to the Environmental Quality Board. The Laboratory may be located in any 

municipality of Puerto Rico and have one or more research centers within the 

jurisdiction of the Commonwealth of Puerto Rico or in other jurisdictions within the 

Caribbean Region if convenient for the purposes for which the Laboratory is created.

 For purposes of the provisions of this clause, these terms shall have the following 

meaning:

1) Refrigerants mean any chemical compound used in refrigeration or air 

conditioning systems as a thermal transfer medium. This includes, but is not 

limited to, any compound containing chlorofluorocarbons (CFCs), 

hydrofluorocarbons (HFCs), halogens, tetrachlorocarbons, 

dichlorodifluoromethane, trichlorofluoromethane, 

monochloropentafluoromethane and any other substance, organic or non-organic, 

of any nature or brand which has the effect of reducing the ozone layer, as well as 

those substitute compounds used to accomplish the same purposes therein or in 

similar equipment.

2) Refrigeration and air condition equipment means machines or systems 

designed to reduce the temperature in a space by means of thermal transfer based 

upon the compression and expansion of refrigerants.‖

3) Certified Engineer means a person who is a member of the college and duly 

qualified and licensed to practice the engineering profession in Puerto Rico and 

who has approved the examination administered by the Federal Environmental 

Protection Agency pursuant to Sections 608 and 609 of the Federal Clean Air Act.

4) Refrigeration and air conditioning technician means any person authorized to 

practice the profession of refrigeration and air conditioning technician in the 

Commonwealth of Puerto Rico, pursuant to Act No. 35 of May 20, 1970, as 

amended, who is a member of the association and is up to date in the payment of 

dues.

b) The Laboratory shall have, without it being construed as a limitation, the following 

objectives:

1) To offer scientific and laboratory support to the Environmental Quality Board, 

the Department of Natural and Environmental Resources, and other government 

agencies, for the discharge of their duties and functions;

2) To conduct all such tests and analyses as necessary to determine soil status and 

the quality of water, air and of biological, chemical or physical components of 

any natural resource or system as may be required as part of the procedures for 

granting, modifying, suspending, revoking or overseeing any permit, license or 

any other kind of authorization from the Environmental Quality Board;

3) To conduct tests and analyses as necessary to oversee compliance with the 

laws, regulations and orders that regulate the quality of water, air and land 

resources in Puerto Rico;

4) To conduct scientific research in connection with the natural and 

environmental resources present in Puerto Rico, and to disclose the findings 

thereof;
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 32 of 65

5) To render to government agencies of the Government of Puerto Rico and the 

Government of the United States of America, as well as to private institutions, 

laboratory services in connection with projects to conduct research and analyses 

on natural and environmental resources, insofar as rendering such services does 

not create a possible conflict of interests with the duty of the Department of 

Natural and Environmental Resources and the Environmental Quality Board of 

enforcing their laws and regulations;

6) To conduct research and analytical works following the highest standards and 

the best accepted practices in the field of natural sciences. The Laboratory must 

also comply fully with the laws that regulate the practice of chemistry, biology, 

physics, engineering, medical technology, and any other discipline of the natural 

sciences, as required by the Laboratory;

7) To obtain all certifications required by specific Commonwealth and Federal 

agencies in order to discharge its functions pursuant to the pertinent laws and 

regulations. The Laboratory shall also adopt the quality control norms generally 

adopted in the field of natural sciences; and

8) To enter into consortia and covenants with public and private universities, as 

well as with other Commonwealth and Federal government agencies to conduct 

joint environmental research projects.

c) The conclusions drawn by the Laboratory as a result of its tests and analyses 

regarding water and air quality, soil pollution and biological, physical or chemical 

components in natural and environmental resources and systems, or any other test or 

analysis conducted as part of their ministerial functions, shall be presumed to be true 

and correct for the Environmental Quality Board, the Department of Natural and

Environmental Resources, and the agencies concerned. The Environmental Quality 

Board, as well as the Department of Natural and Environmental Resources and 

agencies concerned, shall be under the obligation to take such actions or measures 

that, in light of the Laboratory’s conclusions, are necessary to ensure the protection of 

the health and the welfare of citizens and the conservation of natural and 

environmental resources. Such actions or measures shall include, but not be limited 

to, the granting, denial, suspension, modification or revocation of permits, licenses, 

franchises or any other kind of authorization, and the issue of orders to take corrective 

measures and of orders to cease and desist.

d) The income generated by the services and operations developed by the Laboratory, 

as well as any other income received from the Government of Puerto Rico and the 

Government of the United States of America, on account of private donations and 

from other sources of income received by virtue of the duties and authorities 

conferred under this Act, shall be covered into the Special Account Set For The 

Environmental Quality Board, created by Title II of this Act, and used to make 

improvements to Laboratory facilities; to buy equipment and supplies and equipment 

maintenance, calibration and repair contracts; to provide training to the personnel; to 

plan and develop special research studies in coordination with the other programs of 

the Environmental Quality Board; to observe the activities and obligations established 

in covenants and consortia with public and private universities or other government 

agencies to conduct joint environmental research projects.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 33 of 65

e) The Environmental Quality Board and the universities, campuses and public 

agencies that are parties to consortia or covenants to conduct joint environmental 

research projects, may delegate the administration of the funds appropriated for the 

projects and activities contemplated therein, as well as the purchase and leasing of 

supplies and equipment, onto the persons designated by these to supervise and 

develop the same; provided, that such persons shall manage these funds and acquire, 

use, keep and dispose of materials and equipment in strict compliance with 

accounting and administration norms and the external audits that are to be observed 

by the Environmental Quality Board. The Internal Auditing Office of the 

Environmental Quality Board shall be empowered to audit the operations and the use 

of funds under such covenants and consortia.

f) The funds necessary for the operating expenses of the Laboratory shall be 

appropriated annually to the budget of the Environmental Quality Board pursuant to 

the Joint Resolution on the General Budget of the Government of Puerto Rico.

g) Regulation on Refrigerant Sale and Management.—

 The sale of any substance used as a refrigerant in any refrigeration equipment, air 

conditioners, mobile equipment and others, shall be restricted to: 

1) Refrigeration Technicians with a license who are College members and 

certified by the EPA.

2) Engineers with a license who are College members and certified by the EPA.

h) To dispose of equipment that normally contains any refrigerants, a certification 

must be issued by a refrigeration technician indicating that such refrigerants have 

been removed from the equipment to be dispensed with and that such refrigerants 

have been disposed of adequately.

 Such certifying technician shall keep a log of the amount of refrigerant removed 

which shall include the name, address, and telephone number of the owner of the 

equipment, as well as the date of removal and number of the affixed stamp.

 As a requirement for the payment of invoices by the government and its agencies to 

companies, contractors and individuals, proof shall be submitted as to the fact that the 

works in connection with the installation, servicing, maintenance, repair, and removal 

of equipment with refrigerants have been conducted by skilled personnel as proven by 

their certification through the use of stamps from the College of Refrigeration and Air 

Conditioning Technicians.

i) It is hereby provided that a fine of five hundred (500) dollars shall be imposed on 

natural or juridical persons who consent or agree to the installation, repair, 

maintenance or any other kind of servicing on any refrigeration or air conditioning or 

analogous equipment without there being proof that the providers of such services 

comply with licensing and certification requirements at the time they render such 

work. The illegal purchase or sale of refrigerants shall be penalized with a fine of not 

less than one thousand (1,000) dollars if the amount purchased does not exceed one 

hundred (100) pounds; if the amount were to exceed one hundred (100) pounds, the 

fine shall be of not less than five thousand (5,000) dollars nor greater than ten 

thousand (10,000) dollars.

j) All Sick Building evaluations in connection with the operating order of an air 

conditioner or any refrigeration equipment shall include a Certification regarding the 
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rev. July 1, 2011 OMB Page 34 of 65

operating conditions of such equipment by a Refrigeration and Air Conditioning 

Technician who holds a license and is a College member. Persons authorized under 

this Act to buy refrigerants may authorize third parties to collect and transfer the 

various refrigerants to warehouses or workplaces, under the responsibility of the 

authorized person. These third parties are not legally entitled to make use of the 

refrigerant.

k) The College membership card and the EPA certification shall be the documents 

required to identify persons authorized to manage refrigerants.

Section 10. — Transfer of Authorities. — (12 L.P.R.A. § 8002d)

 The Board is hereby transferred the following powers and authorities which are by law 

vested in other agencies or instrumentalities of the Commonwealth of Puerto Rico, to wit:

1. All powers and authorities that the provisions of the ―Air Contamination Control Act‖ and 

the Regulations thereunder confer onto the Consulting Board created therein and onto the 

Department of Health of Puerto Rico and the Secretary of Health of Puerto Rico.

2. All powers and authorities that the ―Water Pollution Control Act,‖ the Regulations 

thereunder, and Reorganization Plan No. 5 of February 17, 1950, confer onto the Department 

and the Secretary of Health of Puerto Rico, respectively.

3. The authority of the Secretary of Transportation and Public Works, who is in charge of the 

custody of public land, to issue the authorization to sink regular wells or install watermills in 

public lands as granted under Section 21 of the Law of Waters of March, 1903.

4. The Environmental Laboratory of the Department of Natural and Environmental 

Resources is hereby transferred to and merged with the Laboratory of the Environmental 

Quality Board. The new entity shall be known as the ―Puerto Rico Environmental Research 

Laboratory.‖

The Department of Natural and Environmental Resources and the Environmental Quality 

Board hereby transfer to the Puerto Rico Environmental Research Laboratory the functions, 

programs, services, and staff of their respective environmental laboratories; provided, that, 

by mutual agreement, the Department of Natural and Environmental Resources and the 

Environmental Quality Board shall determine which files, documents, laboratory equipment, 

and any other personal property of the Department of Natural and Environmental Resources 

and the Environmental Quality Board that they shall transfer to the Puerto Rico 

Environmental Research Laboratory.

 The staff of the Department of Natural and Environmental Resources transferred to the 

Environmental Quality Board by virtue of this Act shall conserve without impairment all 

rights vested under personnel laws and regulations, as well as the rights, privileges, 

obligations, and status in connection with any existing pension, retirement or savings and 

loan fund system or systems to which they may be affiliated at the time of approval of this 

Act.

 The creation of the Puerto Rico Environmental Research Laboratory and the transfer of 

functions, personal property, budget, and staff mentioned above shall neither affect nor

interrupt research projects being conducted by the Department of Natural and Environmental 

Resources and the Environmental Quality Board at the time of transfer.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 35 of 65

Funds, appropriations, and budget surpluses in the possession of the Department of Natural 

and Environmental Resources, as well as the unencumbered balance from other funds 

previously destined to functions discharged by the laboratory attached to the Environmental 

Quality Board prior to the date of effectiveness of this Act.

Section 11. — Consultations and Use of Facilities. — (12 L.P.R.A. § 8002e)

 In discharging its powers, function s, and duties under this Act, the Board shall:

1. Consult with such representatives of the scientific community, industry, agriculture, labor, 

conservation organizations, municipal governments, and other groups, as the Board may 

deem necessary; and

2. Make the fullest use of the services, facilities, and information (including statistics) from 

public and private agencies and organizations and from persons, so as to prevent duplication 

in terms of efforts and expenses, thus ensuring that Board activities shall not be in repetition 

of or in conflict with similar activities authorized by law and carried out by established 

agencies.

Section 12. — Hearings, Orders, and Judicial Proceedings. — (12 L.P.R.A. § 8002f)

A. — The Governing Board of the Environmental Quality Board shall hold public hearings, 

either motu proprio or by request of an interested party, in connection with matters relative to 

the implementation of this Act. In carrying out these efforts, it may compel the appearance of 

witnesses and the presentation of documents, and allow or disallow evidence and take oaths 

from witnesses, which authorities it may delegate onto examining officials or administrative 

judges.

1. Hearings held by the Governing Board shall be presided by one or more examining 

officials or administrative judges, who shall be designated by the Chair or by the 

Governing Board, respectively, and who shall be attorneys-at-law, officials or employees 

of the Environmental Quality Board or members of the Governing Board or legal 

consultants or experts on the matter under discussion who have been contracted for 

hearing purposes. Such hearings may also be presided by attorneys, officials or 

employees of the Environmental Quality Board or by members of the Governing Board 

or legal consultants or experts on the matter under discussion who have been contracted 

for hearing purposes, onto whom the Governing Board has delegated the authority to 

adjudge and who shall be designated by the latter as administrative judges.

2. The Board shall set the date, time, and place for holding the hearing and notify the 

interested parties, which may appear pro se or represented by an attorney.

3. The Board shall issue either a resolution as pertinent or its decision within a reasonable 

term after the hearing has been held, not to be greater than sixty (60) days, and notify 

each of the parties interested with a copy thereof. Notice of the resolution or decision of 

the Board shall be given by certified mail and enclose a certification from the Secretary 

of the Board.

4. Any person adversely affected by a resolution, order or decision of the Governing 

Board may request the latter to reconsider its determination or request a review by the 
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Court of Appeals of Puerto Rico, pursuant to the provisions of the ―Puerto Rico Uniform 

Administrative Procedures Act.‖

5. Filing a request for administrative reconsideration or for judicial review shall not 

exempt any person from complying with or obeying any decision or order of the 

Governing Board, nor shall such action operate under any circumstance as a suspension 

or postponement of the effectiveness thereof, unless there is a special order of the 

Governing Board or the Court of Appeals of Puerto Rico.

6. Judicial reviews shall be conducted based on the administrative record of proceedings 

before the Governing Board, as such record has been certified by the Secretary of the 

Board. Determinations of the Governing Board in connection with facts shall be 

conclusive if sustained by substantial evidence.

7. The Governing Board shall hold public hearings prior to authorizing and promulgating 

any rules or regulations that the same may submit under this Act. Hearings shall be held 

pursuant to the norms established for such purposes by the Governing Board, in 

compliance with the provisions of the ―Puerto Rico Uniform Administrative Procedures 

Act.‖ Regulations, guidelines, and orders to establish internal norms and directives, may 

be adopted without submission to this norm.

Section 13. — Nature of the Board for Federal Purposes. — (12 L.P.R.A. § 8002g)

 The Environmental Quality Board is hereby designated as the agency of the 

Commonwealth of Puerto Rico with the authority to exercise, execute, receive and administer 

delegation, establish regulations, and implement a permit system in connection with, but not 

limited to, the Clean Water Act, the Clean Air Act, the Solid Waste Disposal Act, the 

Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, 

Compensation and Liability Act, as these have been amended, and for purposes of any other 

Federal legislation that may be approved in the future by the United States Congress as 

pertains to environmental conservation, natural resources, solid waste, and other matters 

relative to the purposes of this Act.

Section 14. — Administration of the Puerto Rico Water Pollution Control Revolving 

Fund. — (12 L.P.R.A. § 8002h)

 The Board is hereby authorized to administer the Puerto Rico Water Pollution Control 

Revolving Fund created by virtue of Section 14 of Act No. 44 of June 21, 1988, as amended, 

as required under Title VI of the Clean Water Act. The Board shall also have the power to 

solicit, accept, and receive on behalf of the Revolving Fund, capitalization donations under 

such Act, as well as to enter into capitalization donation agreements with the United States 

Environmental Protection Agency, receive matched funds from the Commonwealth of Puerto 

Rico as required under Title VI of the Clean Water Act, and deposit such donations and 

matched funds into the Revolving Fund. The Board shall oversee the use of the moneys of 

the Revolving Fund by recipients thereof, evaluate environmental studies as dictated under 

Title VI of the Clean Water Act, and take any other actions as required by such Act in 

connection with the Administration of the Revolving Fund. Furthermore, the Board is hereby 

authorized to assist the Puerto Rico Infrastructure Financing Authority in lending funds 
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 37 of 65

deposited into the Revolving Fund to borrowers that qualify under Title VI of the Clean 

Water Act, in structuring any financing program, and in issuing bonds to finance such 

programs. The Board may contract any individual to discharge any of the responsibilities 

established under this Section.

Section 15. — Administration of the Puerto Rico Commonwealth Drinking Water 

Revolving Fund. — (12 L.P.R.A. § 8002i)

 The Environmental Quality Board is hereby authorized to participate and assist the 

Department of Health in the administration of the Puerto Rico Commonwealth Drinking 

Water Revolving Fund created by virtue of Act No. 44 of June 21, 1988, as amended, and as 

required under the Title of the Safe Drinking Water Act, P. L. 104-182, as amended.

 The Environmental Quality Board may receive from the Department, capitalization 

donations under such Act, as well as receive matched funds from the Commonwealth of 

Puerto Rico as required under the Title of the Safe Drinking Water Act, in order to use them 

in any manner allowed under such Act, to conduct and/or evaluate environmental studies as 

dictated under the Safe Drinking Water Act and subsection B(3) of Section 4 of this Act, and 

to take any other actions required under the Safe Drinking Water Act in connection with the 

administration of the Puerto Rico Commonwealth Drinking Water Revolving Fund, as per 

the terms of any agreement executed by the Authority, the Department of Health, and the 

Environmental Quality Board.

 The Board may contract any person to discharge its responsibilities as established under 

this Section.

Section 16. — Penalties. — (12 L.P.R.A. § 8002j)

A. — Any person who infringes any provision of this Act or the rules and regulations 

adopted thereunder, or who fails to comply with any resolution, order or agreement dictated 

by the Board, shall be guilty of a misdemeanor, and upon conviction, punished by a fine not 

lesser than two hundred (200) dollars and not greater than five hundred (500) dollars. In the 

discretion of the Court, an additional fine of five hundred (500) may be imposed for each day 

the violation persisted.

 In those cases in which such infractions relate to the Hazardous Waste, Water Quality, 

Underground Injection Control, and Lead Paint Removal Permit and Certification Programs, 

the person shall be guilty of a felony and sanctioned with imprisonment for a fixed term of 

nine (9) months. Should there be aggravating circumstances, the established fixed penalty 

may be increased up to a maximum of one (1) year; should there be mitigating 

circumstances, the penalty may be reduced down to a minimum of six (6) months and one (1) 

day. Furthermore, the Court shall impose a fine not lesser than ten thousand (10,000) dollars 

a day and not greater than twenty-five thousand (25,000) dollars for each day such violation 

persisted.

B. — In addition to the fine minimum specified in this Act, the Board, represented by the 

Secretary of Justice or his/her attorneys, is hereby authorized to resort to any Court with 

competent jurisdiction to recover the total value for damages to the environment and/or the 

natural resources of Puerto Rico caused by such violation.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

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The amounts collected on account of sentences shall be covered into the special account set 

for the Board, to be used by the latter.

C. — The Environmental Quality Board is hereby empowered to impose administrative fines 

and sanctions for infractions of this Act, or of the orders, rules, and regulations issued and 

approved by the Board under this Act. Administrative fines shall not exceed twenty-five 

thousand (25,000) dollars for each infraction, being it understood that each day the infraction 

persists shall be deemed to be a separate violation.

D. — In the event that the Board should make a finding of contempt in the commission or 

continuance of acts for which an administrative fine ha already been imposed or in the 

commission or continuance of acts in violation of this Act and the regulations thereunder, or 

a finding of contempt in the noncompliance with any order or resolution issued by the Board, 

the latter, in exercising its discretion, may impose an additional administrative fine up to a 

maximum of fifty thousand (50,000) dollars for any of the acts indicated herein.

E. — Any person who knowingly makes any false representation, certification or statement 

under this Act, the regulations approved thereunder, who knowingly makes any false 

representation in any report required by the Board under this Act or the regulations 

thereunder; or who knowingly and so as to produce inaccurate results, alters any tracking 

facility or method that has been required by the Board, shall be guilty of a misdemeanor, and 

upon conviction, punished by a fine not lesser than one hundred (100) dollars and not greater 

than five hundred (500) dollars.

 In those cases in which such infractions relate to the Hazardous Waste, Water Quality, and 

Underground Injection Control Programs, the person shall be guilty of a felony and 

sanctioned with imprisonment for a fixed term of nine (9) months. Should there be 

aggravating circumstances, the established fixed penalty may be increased up to a maximum 

of one (1) year; should there be mitigating circumstances, the penalty may be reduced down 

to a minimum of six (6) months and one (1) day. Furthermore, the Court shall impose a fine 

not lesser than ten thousand (10,000) dollars a day and not greater than twenty-five thousand 

(25,000) dollars a day for each violation, being it understood that each day the infraction 

persists shall be deemed to be a separate violation.

F. — The amounts collected on account of administrative fines imposed by the Board and all 

civil and criminal fines imposed by the Courts under the provisions of this Act shall be 

covered into the Special Account Set For the Environmental Quality Board.

G. — The Environmental Quality Board is hereby empowered to impose administrative fines 

and sanctions against any person who violates any provision established in the Air Operation 

Permit Program under Title V of the Clean Air Act, as amended, or any permit condition or 

any application charges or fees imposed pursuant to such Program. The administrative fine 

thus imposed shall not exceed twenty-five thousand (25,000) dollars for each infraction, 

being it understood that each day the infraction persists shall be deemed to be a separate 

violation.

H. — The Board, represented by its attorneys or by any other attorney it may designate, or by 

the Secretary of Justice or his/her attorneys, is hereby authorized to resort to any Court with 

competent jurisdiction in order for civil penalties to be imposed or recovered, which penalties 

shall not exceed twenty-five thousand (25,000) dollars for each violation, against any person 

who violates any provision established under the Air Operation Permit Program, Title V of 

the Clean Air Act, as amended, any term or condition of any permit issued under such 
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rev. July 1, 2011 OMB Page 39 of 65

Program, any order issued by such Program, or any application charges or fees imposed by 

such Program, being it understood that each day the infraction persists shall be deemed to be 

a separate violation.

I. — Any person who knowingly violates any provision established in the Air Operation 

Permit Program under Title V of the Clean Air Act, as amended, or any condition of the 

permit or any permit application charges or fees imposed by such Program, and any person 

who knowingly makes any material statement, representation or certification that is in any 

way false on any notices or reports required by any operation permit under Title V of the 

Clean Air Act, as amended, or who knowingly renders inoperative any sampling equipment 

or method required pursuant to the Program, shall be guilty of a felony, and upon conviction, 

sanctioned by a fine not lesser than one thousand (1,000) dollars and not greater than twentyfive thousand (25,000) dollars for each violation, being it understood that each day the 

infraction persists shall be deemed to be a separate violation, with punishment by 

imprisonment for the fixed term of one (1) year. Should there be aggravating circumstances, 

the fixed imprisonment term may be increased up to a maximum of eighteen (18) months; 

should there be mitigating circumstances, the term may be reduced down to a minimum of 

six (6) months.

J. — Any person affected by violations of the Operation Permit Program under Title V of the 

Clean Air Act, as amended, is hereby empowered to appear before the Courts to enforce 

compliance by the owner or operator with the provisions of the Program and/or the permit, as 

the case may be, after the person thus affected has notified the Board about the violation and 

the latter has not taken any administrative action on the matter within sixty (60) days as of 

the date of notice. Should the Court determine that a violation has been committed, the latter 

may order an adequate remedy and/or impose the civil penalties established in subsection (H) 

of this Section.

K. — The amounts collected on all administrative fines imposed by the Board and the 

amounts collected on civil and criminal fines imposed by the Courts shall be covered into the 

Special Account Set For the Environmental Quality Board. The amounts collected on civil 

and criminal fines imposed by the Courts under subsections (H), (I) or (J) or which are 

attributable to violations of permits under Title V of the Clean Air Act, as amended, shall be 

destined to environmental research projects.

L. — Any person who violates the provisions of this Act or the regulations adopted 

thereunder shall be subject to the additional penalty of attending courses or workshops 

promulgated, adopted or approved by the Environmental Quality Board for the purpose of 

creating awareness about the damages to the environment as well as for stimulating the 

health and wellbeing of human beings in harmony with the natural resources of Puerto Rico.

Section 17. — Confidential Documents. — (12 L.P.R.A. § 8002k)

A. Any information furnished to the Board by owners or operators of potential sources of 

pollution for the environment and natural resources:

1. Relative to production or to production procedures;

2. Relative to the volume of sales;

3. Which may adversely affect the competitive position of the person furnishing the 

information, shall be of a confidential nature both for the Board and for the United States 
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 40 of 65

Environmental Protection Agency (E.P.A.), subject to Federal confidentiality 

requirements, unless the authorized person furnishing the information expressly 

authorizes such information to be disclosed and made available to the public.

B. Data about effluents, discharge permit applications, discharge permits, and information 

relative to the level of pollutants in bodies of water, shall continue to be documents of a 

public nature.

C. The general requirement for the Board to classify certain information as confidential shall 

not be construed as a limitation on its use:

1. By an officer, an employee or an authorized representative of the Board, the E.P.A. or 

the Commonwealth of Puerto Rico in implementing this Act;

2. For analyses or summaries relative to the general condition of the environment, insofar 

as the information does not identify the person furnishing the same.

3. In legal proceedings initiated under Section 19 of this Act, or any other legal action in 

which the Court shall determine the importance of said documents for those from whom 

the same are requested.

Section 18. — Effectiveness of Previous Documents. — (12 L.P.R.A. § 8002l)

 All quality norms, orders, determinations, rules, permits, contracts, licenses, and 

authorizations issued, made, granted or enforced by any official or agency of the 

Commonwealth in exercising the authorities transferred by virtue of this Act, shall remain in 

full force, but these may be amended, modified, invalidated or revoked by the Board created 

under Title II of this Act.

Section 19. — Civil Actions. — (12 L.P.R.A. § 8002m)

 Any natural or juridical person may institute actions for damages in the Courts of Justice 

against any natural or juridical person on the grounds of damages sustained on account of 

violations of this Act. Such civil action shall be independent and different from 

administrative procedures conducted by the Board. Likewise, any natural or juridical person 

affected for the non-implementation of this Act may resort to the Court of First Instance to 

request that a mandamus be issued to enforce compliance with the provisions of this Act; 

provided, however, that such recourse shall not be admissible to question a decision whereby 

the Environmental Quality Board has determined that the requirements of subsection B(3) of 

Section 3 4 of this Act have been met upon considering an environmental document, which 

action shall be conducted exclusively under the provisions of the Uniform Administrative 

Procedures Act. None of the provisions of this Act may be construed so as to allow any 

natural or juridical person to institute actions against the Environmental Quality Board or its 

officials or employees for the non-implementation of this Act or the regulations adopted 

thereunder.

Section 20. — Limitations. — (12 L.P.R.A. § 8002n)

 None of the provisions of this Act shall be construed so as to:
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 41 of 65

1. Limit or interfere with the powers and authorities that other laws, executive orders, and 

regulations have conferred onto the Department of Health and the Secretary of Health of 

Puerto Rico.

2. Confer authority onto the Board in connection with atmospheric conditions that may exist 

exclusively within a commercial or industrial plant.

3. Revoke or limit the application of any law, municipal ordinance or regulation in effect on 

the matter of sanitation or industrial health and safety.

4. Limit any power of the Governor or any other official to declare a state of emergency and 

to act as dictated by such declaration.

Section 21. — Advisory Council, Creation; Advocate. — (12 L.P.R.A. § 8002o)

A. — The Environmental Quality Board shall assist and advise the Governor of Puerto Rico 

and the Legislature in the creation of the Small Business Advisory Council (the ―Council‖) 

and in the designation of an Advocate (the ―Advocate‖) for matters relative to the Program 

required under Section 501 of the Clean Air Act. The Board shall serve as the Secretariat of 

the Advisory Council, with the purpose of preparing and disclosing reports and consultative 

opinions.

B. — The Council shall be constituted by the following persons:

1. Two (2) persons, other than owners or persons representing owners of small businesses 

that operate pollutant emission sources, to be selected by the Governor to represent the 

public interest.

2. Two (2) persons who own or who represent owners of small businesses that operate 

atmospheric pollutant emission sources, each of whom shall be selected by the Majority 

and the Minority Floor Leaders of the House of Representatives.

3. Two (2) persons who own or who represent owners of emission sources of small 

businesses that operate atmospheric pollutant emission sources, each of whom shall be 

selected by the Majority and the Minority Floor Leaders of the Senate of Puerto Rico.

4. One (1) member selected by the Chair to represent the Environmental Quality Board.

C. — The Council shall at the very least:

1. Render consultative opinions concerning the effectiveness of the Small Business 

Technical Assistance and Environmental Compliance Program of the Government of 

Puerto Rico (the ―Small Business Program‖), including any difficulties encountered and 

the degree and severity of the oversight actions taken.

2. Prepare periodical reports for the consideration of the Chair of the Environmental 

Quality Board and the Administrator of the United States Environmental Protection 

Agency regarding compliance of the Small Business Program with the requirements of 

the Paperwork Reduction Act (44 U.S.C. §§ 3501 et seq.), the Regulatory Flexibility Act 

(5 U.S.C. §§ 601 et seq.), and the Equal Access to Justice Act (5 U.S.C. § 504), and

3. Review the information to be made public by the Small Business Program to ensure 

that such information is readily understandable.

D. — Council members shall serve for a term of three (3) years and continue to hold office 

until their corresponding successors are designated. Traveling expenses, mileage, toll fees 

and per diems expended in the discharge of their duties shall be reimbursed by the Small 

Business Program.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

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E. — The Advocate for Small Businesses shall be designated by the Governor with the 

advice and consent of the Legislative Branch. One of the main functions of the Advocate 

shall b to represent small businesses before government agencies. This office shall also be 

entrusted with the following functions:

1. To conduct independent evaluations on all aspects of the Small Business Program 

(SBP).

2. To review and issue comments and recommendations to the E.P.A. and local 

authorities in connection with the development and implementation of regulations that 

may have an impact on small businesses.

3. To facilitate and encourage the participation of small businesses in the development of 

new regulations that may affect the latter.

4. To provide assistance in the preparation of reports to higher authorities and the public 

in connection with the applicability to small businesses of the requirements set forth 

under the Clean Air Act.

5. To assist in the disclosure of information (i.e. regulations proposed, control 

technology, etc.) to small businesses and other interested groups.

6. To sponsor and participate in meetings and conferences with officials from local 

oversight agencies, industrial groups, and small business representatives.

7. To assist in the investigation and resolution of complaints and disputes of small 

businesses against local regulatory authorities.

8. To periodically review the works and the services provided by the Small Business 

Program (SBP) to small businesses.

9. To refer small businesses to the proper SBAP specialist, so that they may obtain 

information and assistance concerning viable alternate technologies, changes in 

processes, products, and operational methods to reduce atmospheric pollution and 

accidental leakages.

10. To assist in or arrange for the preparation of guideline documents for the SBAP so as 

to ensure that the language can be readily understood by non-technical personnel.

11. To work with manufacturer and small business associations on matters relative to 

voluntary acts of compliance with regulations.

12. To act as a liaison among the Small Business Administration, the Department of 

Commerce, and Federal Agencies that may have financial assistance programs for small 

businesses to comply with environmental regulations.

13. To act as a liaison with financial institutions to assist small businesses in locating 

financial assistance sources as necessary to comply with local requirements of 

atmospheric pollution control; and

14. To conduct evaluation studies about the impact of the law on the economy of Puerto 

Rico and on small businesses.

F. — The Air Quality Area shall act as a liaison within the Environmental Quality Board to 

furnish all documents relative to technology and control procedures so as to assist the Office 

of the Advocate in the discharge of its responsibilities. The Office of the Advocate may 

operate a hotline (may be a toll-free number) to provide confidential assistance to sources in 

order to address their individual problems and complaints.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

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Section 22. — Appropriation of Funds. — (12 L.P.R.A. § 8002p)

A. — The amounts necessary to meet the purposes of this Act for the current fiscal year and 

for subsequent fiscal years shall be annually consigned in the General Expenses Budget Act 

of the Commonwealth of Puerto Rico.

B. — All moneys received by the Environmental Quality Board in the discharge of its duty to 

implement this Act, from sources specified therein and from any other sources, as well as all 

civil and criminal fines imposed by the General Court of Justice of Puerto Rico under the 

provisions of this Act, shall be covered into a special account, to be denominated ―Special 

Account Set For the Environmental Quality Board‖; except for moneys that are to be covered 

into the Special Account Set For the Voluntary Property Cleanup and Redevelopment 

Program, the Special Account Set for the Air Operation Permit Program or the 

Environmental Emergency Fund.

C. — The Secretary of the Treasury shall make available to the Board the moneys covered 

into the Special Account Set For the Environmental Quality Board by means of 

disbursements authorized or signed by the Chair of the Board. These funds may be used by 

the Board for any necessary actions, to develop projects for the benefit of the environment, to 

make contributions to the Puerto Rico and the Caribbean Environmental Trust Fund created 

under Title V of this Act or to the Environmental Emergency Fund created under Title IV of 

this Act or to other funds administered by the Board, ton carry out any activities to discharge 

its duties and responsibilities, to defray any nonrecurring operating expenses, training, 

acquisition of equipment and supplies, contracting of experts and attorneys, and for any other 

purposes that promote the accomplishment of the objectives of this Act.

D. — The Secretary of the Treasury shall make available to the Environmental Quality Board 

the moneys deposited in the Special Account Set For the Air Operation Permit Program by 

means of disbursements authorized or signed by the Chair of the Environmental Quality 

Board.

E. — The Secretary of the Treasury shall make available to the Board the moneys deposited 

into the Special Account Set For the Voluntary Property Cleanup and Redevelopment 

Program by means of disbursements authorized or signed by the Chair of the Board.

F. — The Secretary of the Treasury shall make available to the Board the moneys deposited 

into the Environmental Emergency Fund by means of disbursements authorized or signed by 

the Chair of the Board.

G. — The Secretary of the Treasury is hereby authorized to advance to the Environmental 

Quality Board the amounts for reimbursements to be made by the United States Government 

in the proportion provided for by law, after presenting the documents that attest to the 

approval of each project by the corresponding authorities of said Government.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

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TITLE III. — ON THE NATIONAL DIGITIZED ENVIRONMENTAL INFORMATION 

SYSTEM. [12 L.P.R.A., Subtitle 8, Chapter 501, Subchapter 3]

Section 23. — National Digitized Environmental Information System. — (12 L.P.R.A. § 

8003)

A. The National Digitized Environmental Information System is hereby established, to be 

under the responsibility and direction of the Environmental Quality Board. Then objective of 

this System is to gather, organize, and make available to the public, through electronic media, 

technical, educational, and scientific information, in existence or to be generated, about 

subjects relative to the environment and the natural resources, of both renewable and 

nonrenewable resources.

B. The information contained in the National Digitized Environmental Information System 

shall be freely consulted and accessible. Such System shall keep a constantly updated 

bibliography of the information contained therein, which shall be available to System users.

Section 24. — Advisory Council for the National Digitized Environmental Information 

System . — (12 L.P.R.A. § 8003a)

A. The Advisory Council for the National Digitized Environmental Information System is 

hereby established, to be attached to the Environmental Quality Board.

B. The Council shall be presided by the Chair of the Environmental Quality Board and be 

composed, furthermore, by one representative from each of the following government and 

non-government bodies entirely or partially engaged in generating or receiving technical, 

educational, and scientific information about subjects relative to the environment and the 

natural resources: the Department of Natural and Environmental Resources, the Planning 

Board, the Department of Agriculture, the University of Puerto Rico, and one representative 

from non-government environmental groups. The latter representative shall be appointed by 

the Chair of the Environmental Quality Board, which appointment shall have a term of two 

years.

 Representatives from each of private university systems accredited by the Council on 

Higher Education, which offer degrees in natural and environmental sciences, shall also be a 

part of the Advisory Council. The Chair of the Environmental Quality Board shall request 

that each of these institutions designate a member and an alternate member to represent them 

in the Advisory Council.

C. None of the members of the Council shall receive salaries, per diems or similar 

compensations on account of their Council membership; except for the representative of 

environmental groups, who shall earn o account of per diems the amount of seventy-five (75) 

dollars for each day he/she discharges his/her functions as an active member. However, the 

time devoted to the works of the Council may be considered as part of the tasks and tour of 

duty of its members.
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Section 25. — Duties and Responsibilities of the Advisory Council. — (12 L.P.R.A. § 

8003b)

 The Advisory Council for the National Digitized Environmental Information System shall 

have the following duties:

1. To establish the criteria, in addition to those set forth in this Act, to determine which 

information shall be incorporated into and be a part of the system.

2. To determine priorities in the works to digitize that information which is not available 

through electronic media.

3. To establish the organization of the System’s library.

4. To recommend the sources that shall provide information to the System.

5. To advise the Chair of the Environmental Quality Board in the drafting of regulations 

necessary for the effective operation of the System and the Council proper.

Section 26. — Duties of the Agencies, Municipalities, Public Corporations and 

Instrumentalities, and Universities. — (12 L.P.R.A. § 8003c)

A. Any agency, office, instrumentality, public corporation or municipality of the 

Commonwealth of Puerto Rico that receives or conducts research, studies or works of a 

scientific nature on the environment and the natural resources, shall remit a copy of such 

research, studies or works to the Environmental Quality Board.

B. Students conducting works, studies or research on subjects relative to the environment and 

the natural resources that are a part of the requisites to obtain a degree (theses or thesis 

papers), shall be requested by the pertinent university authority to voluntarily furnish a copy 

of such thesis or thesis paper so that the same may be incorporated into the System.

C. As for natural or juridical persons conducting research, studies or works of a scientific 

nature on the environment or the natural resources not destined to a public record or purpose, 

who are System users, System operators shall maintain a request addressed to such persons 

so that they may voluntarily submit a copy of such research, studies or works for the System.

D. All copies shall be submitted in such format as the Chair of the Environmental Quality 

Board may define as adequate for the configuration of the National Digitized Environmental 

Information System, in an adequate electronic reproduction medium, so as to render the same 

accessible to all persons interested through electronic networks in existence or to be created.

E. The various public institutions that, as part of their ministerial duty, are engaged in 

generating or receiving technical, educational, and scientific information about the 

environment and the natural resources, shall remit to the Environmental Quality Board a 

copy of studies, research and works of a scientific nature on such subjects as they have on 

file up to the present in electronic format, or establish with the latter agency such agreements 

as necessary in order for such information to be made accessible through the System by 

means of the necessary electronic links.

F. As for Federal agencies and instrumentalities operating in Puerto Rico which generate or 

receive information of a scientific nature about the environment and the natural resources, the 

Chair of the Environmental Quality Board shall request, under the same conditions as 

dependencies of the Commonwealth, that they remit copies of such information, or establish 
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rev. July 1, 2011 OMB Page 46 of 65

with these agencies such agreements as necessary in order for such information to be made 

accessible through the System by means of the necessary electronic links.

Section 27. — Gathering of Information. — (12 L.P.R.A. § 8003d)

 The Environmental Quality Board shall contract, if it should deem necessary, to be charged 

to its next three annual budgetary appropriations and starting at the beginning of the next 

fiscal year, such services as indispensable so that within a term of three years, all works, 

research and studies of a scientific nature in existence on the subject of the environment and 

the natural resources recommended by the Advisory Council which are not on digitized 

format, are recorded into computer-accessible formats. The Environmental Quality Board 

shall begin with works, research or studies deemed to be essential for starting a National 

Digitized Environmental Information System, for which purpose, the Board shall follow the 

recommendations of the Advisory Council.

Section 28. — Access Center for the National Digitized Environmental Information 

System.— (12 L.P.R.A. § 8003e)

A. The Environmental Quality Board shall enable an area within or near its main offices in 

which it shall make available and accessible to the public, organized under an effective 

library system, with adequate personnel and with sufficient equipment and computer 

terminals, an ―Access Center for the National Digitized Environmental Information System.‖ 

Such Center shall have a server as its main information archive, which shall be the main 

depository of the National Digitized Environmental Information System and contain the 

materials, documents, Titles, articles and all other information of this System in digitized 

format and provide such electronic links as necessary to gain access to information systems, 

databanks or other pertinent sources considered to be important for the operation of the 

System.

B. The Environmental Quality Board shall have a term of three (3) years to establish and 

render the Center operative and incorporate into the electronic information network known as 

the Internet, the same information as available in the Center hereby created. The information 

provided through this network shall be freely and readily accessible.

C. In order to guarantee continuous access to the System, the Environmental Quality Board 

may deposit into other servers the information contained in the System.

Section 29. — Rulemaking Authority. — (12 L.P.R.A. § 8003f)

 The Chair of the Environmental Quality Board shall be responsible for drafting regulations 

as necessary for the most effective operation of the National Digitized Environmental 

Information System, including such regulations as necessary to assess and charge the public 

for costs ensuing from requests from the public for copies, reproductions, maps or other 

similar materials deposited into the System. Provided, however, that such costs shall be 

computed and implemented solely to cover costs for reproducing such materials.
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Section 30. — Appropriation of Funds. — (12 L.P.R.A. § 8003g)

 The Environmental Quality Board is hereby authorized to use up to a maximum amount of 

five hundred thousand (500,000) dollars available in the Environmental Emergency Fund 

each year for the next three (3) fiscal years to defray the installation and setting into 

operation of the National Digitized Environmental Information System. The Environmental 

Quality Board may also use, in order to accomplish the purposes of this Act, any 

Commonwealth funds available to the Board in its special accounts or budgetary 

appropriations, as well as the Federal funds available to the Board at present for this purpose 

or which it may receive in the future. As of fiscal year 2005-2006, the Environmental Quality 

Board shall solicit funds as necessary in order to maintain and operate the System by 

incorporating this item into its annual budgetary appropriation.

TITLE IV. — ON ENVIRONMENTAL EMERGENCIES. [12 L.P.R.A., Subtitle 8, Chapter 

501, Subchapter 4]

Section 31. — Purposes. — (12 L.P.R.A. § 8004)

 The purposes of this title are to create an emergency fund to respond to emergencies caused 

by hazardous substances or waste and to have the necessary funds to match with Federal 

assistance provided under the Comprehensive Environmental Restoration, Compensation and 

Liability Act to remove hazardous substances or waste and to remedy the sites contaminated 

thereby.

Section 32. — Definitions. — (12 L.P.R.A. § 8004a)

 For purposes of this Act, the following terms shall have the meaning stated below:

1. Environmental Emergencies.—Means any discharge or threat of discharge, accidental or 

unauthorized intentional leakage, seepage, pumping, injection, dumping, emission o disposal, 

or any situation caused by spilling or leaving a pollutant or a hazardous or low-level 

radioactive substance or waste or hydrocarbons or their by-products in or on any piece of 

land or any superficial or underground body of water or out or dispersed into the air or so as 

to gain access to any paved area or any area covered in asphalt, concrete, tar, or any kind of 

man-made material that poses a risk or a threat of risk for public health and safety, the 

general welfare or the environment.

2. Hazardous Substances.—Means any element, substance, compound or mixture that may 

harm living organisms or the environment.

3. Hazardous Waste.—Means any element, substance, compound or mixture used in any 

production process that is reused, destroyed, stored or disposed of and which may harm 

living organisms or the environment. Also includes any element, substance, compound or 

mixture that exhibits the characteristics of hazardous waste as established and defined in the 

regulations adopted by the Quality Board which apply to such waste, which exhibits the 

characteristics of hazardous waste as defined in the Resource Conservation and Recovery Act 

in 42 U.S.C. § 6903, which is (listed) or has the characteristics identified under 42 U.S.C. § 

6921.
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4. Person Responsible.—Means any natural or juridical person or group of private or public 

persons, including agencies, government instrumentalities, municipalities, and quasi-public 

corporations, that exercises dominion or supervision or ownership, or holds, or exercises 

partial or total control over establishments, transfer or final disposal stations, facilities or 

services that generate, store, transport, distribute or otherwise handle hazardous or 

radioactive substances, pollutants or waste or hydrocarbons or their by-products which have 

caused an environmental emergency.

5. Responsive Action (RA).—All such technical, administrative, and legal actions directed to 

responding, controlling, investigating, and mitigating the direct and indirect impact ensuing 

from an environmental emergency. These actions comprise the following phases: Immediate 

Response Action (IRA) or Corrective Action (CA).

6. Immediate Response Action.—Refers to all initial and immediate intervention measures 

directed to controlling the events or factors causing an environmental emergency in order to 

prevent, avoid, minimize or mitigate the negative or harmful impact that such events or 

factors may have on public health and safety or on the environment. If the measures taken as 

part of the immediate response fail to correct the environmental emergency in a permanent 

and final manner, then the activities corresponding to the corrective action shall be 

implemented.

7. Corrective Actions (AC).—Refers to all such activities involving investigation, evaluation, 

analysis and planning, directed to establishing a final or permanent correction of any adverse 

impact ensuing from the emergency. This phase includes, but shall not be limited to, the 

following stages:

Stage I.—Developing a Work Plan for the Corrective Action.—

 This Work Plan shall include at the least:

1) The characterization of the impacts identified in the emergency;

2) The investigative studies to be conducted;

3) The technical evaluation and analysis; and

4) The remediation plans.

Stage II.—Consists of the Evaluation of the Effectiveness in the Implementation of the 

Work Plan.—

Stage III.—Implementation of the Work Plan.—

Section 33. — Commonwealth Environmental Emergency Response Planning 

Commission. — (12 L.P.R.A. § 8004b)

A. The Commonwealth Environmental Emergency Response Planning Commission is hereby 

created, to be attached to the Environmental Quality Board. Such Commission shall be 

constituted by the Chair of the Environmental Quality Board, who shall preside; the 

Secretary of Health; the Secretary of Natural and Environmental Resources; the Secretary of 

Justice; the Secretary of Labor; the Director of the Commonwealth Emergency and Natural 

Disaster Management Agency; the Fire Marshall; the Superintendent of the Police; the 

President of the Public Service Commission; the President of the University of Puerto Rico; 

and the chairs of the Local Environmental Emergency Response Planning Committees 

elected pursuant to the regulations adopted by the Commission. Furthermore, the Governor 
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rev. July 1, 2011 OMB Page 49 of 65

of the Commonwealth of Puerto Rico shall designate five (5) public interest representatives 

as members of the Commonwealth Commission. Each of the members of the Commonwealth 

Commission shall designate, in writing, one person to substitute for him/her in the works of 

the Commonwealth Commission when necessary. These persons shall be recognized as 

Alternate Members of the Commonwealth Commission.

B. The Commonwealth Commission shall adopt bylaws for its organization and operation. 

All determinations shall be taken by the affirmative vote of the majority of the members 

attending the meeting. All meetings or assemblies shall require a quorum equal to half plus 

one member of the Commonwealth Commission.

Section 34. — Duties and Responsibilities of the Commonwealth Commission. — (12 

L.P.R.A. § 8004c)

A. The Commonwealth Commission shall be in charge of implementing the provisions of 

Title III of the Superfund Amendment and Reauthorization Act, better known as the 

Emergency Response Planning and Communities Right-to-Know Act, within the jurisdiction 

of the Commonwealth of Puerto Rico.

B. Environmental emergency responses shall be planned taking into account the provisions 

of this Act, and most particularly, the powers and authority delegated onto the Environmental 

Quality Board.

C. The Commonwealth Commission is hereby empowered, among other things, to create and 

organize the Local Environmental Emergency Response Planning Committees in 

coordination with municipalities.

Section 35. — Immunity. — (12 L.P.R.A. § 8004d)

 No judicial action whatsoever shall be admissible against the Commonwealth Commission 

or the Local Committees, or against their members or the public and private agencies or 

entities to which they may belong, or against the officers, officials or employees thereof, to 

claim compensation for damages allegedly resulting from the enforcement and compliance of 

the foregoing with the provisions of these Federal and Commonwealth laws or to impede the 

foregoing from enforcing and complying with the same.

Section 36. — Environmental Emergency Management Program. — (12 L.P.R.A. § 

8004e)

A. The Environmental Quality Board shall establish a program to adequately respond to and 

manage environmental emergencies and the n necessary remedial actions in contaminated 

sites. The Environmental Quality Board shall be the leading agency in responding to this 

kind of emergencies. All matters concerning environmental emergency response planning 

shall be the responsibility of the Commonwealth Commission. The funds and resources 

necessary to maintain such program operating shall be solicited and consigned in the 

agency’s operating expenses budget.

B. The Commonwealth Emergency and Natural Disaster Management Agency and all other 

agencies, departments, municipalities,and public corporations and instrumentalities shall 
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rev. July 1, 2011 OMB Page 50 of 65

provide the Board with all the assistance necessary in order to promptly and adequately 

respond to environmental emergencies, coordinate their respective emergency plan with the 

latter, and execute collaboration agreements as pertinent.

Section 37. — Creation of the Environmental Emergency Fund. — (12 L.P.R.A. § 

8004f)

A. The Puerto Rico Environmental Emergency Fund is hereby created in the Department of 

the Treasury, to be administered by the Environmental Quality Board, hereinafter 

denominated the Fund.

B. The Fund shall be made up by the fiscal resources approved by the Legislature, funds 

from the Federal government, and other funds from any other source provided to accomplish 

the purposes of Sections 31 through 46 of this Act, among which are the revenues collected 

under the ―Used Oil Fund Act,‖ the ―Used Tire Management Act,‖ and any other laws that 

order the transfer or the covering of funds into the Environmental Emergency Fund.

C. In order to comply with the purposes of this Act, as of June 30, 204, it is hereby provided 

that the Environmental Emergency Fund shall arrive at a balance of twenty-five million 

(25,000,000) dollars, to be composed of twelve million, five hundred thousand (12,500,000) 

dollars from the existing balance for fiscal year 2003-2004, plus a revolving credit line of 

twelve million, five hundred thousand (12,500,000) dollars. It is hereby provided that, should 

an environmental emergency arise which requires the use of an amount greater than twentyfive million (25,000,000) dollars, the mechanisms available through the Commonwealth 

Emergency Fund provided for in Act No. 91 of June 21, 1966, as amended.

D. The balance of the Environmental Emergency Fund may never be lesser than twelve 

million, five hundred thousand (12,500,000) dollars, excluding the aforementioned line of 

credit, at the beginning of subsequent fiscal years. Said balance shall be maintained with 

revenues from sources identified in this Section, including resources from the 

Commonwealth Emergency Fund provided for in Act No. 91 of June 21, 1966, as amended.

Section 38. — Use of the Fund. — (12 L.P.R.A. § 8004g)

 The Environmental Quality Board may use the moneys covered into the Environmental 

Emergency Fund for the following purposes:

1. To institute judicial or administrative actions directed to ordering persons responsible for 

an environmental emergency to take responsive actions as necessary and appropriate to 

protect the public and the environment from any resulting adverse effects.

2. To develop and implement a program to effectively and efficiently respond to 

environmental emergency situations, as defined in this Act and other laws and regulations 

administered by the Board, including studies conducive to assessing damages caused to the 

flora and fauna; investigations, inspections, and the planning and application of any 

responsive actions as necessary to address the situation; and the operational expenses of such 

program.

3. To update an inventory of all the sites or facilities where hazardous substances or waste 

are or have been deposited in the Commonwealth of Puerto Rico.
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4. To provide Commonwealth funds as necessary to match the Federal funds available for 

cleaning up the sites included in the National Priority List.

5. To provide surveillance and monitoring as necessary for abandoned or uncontrolled 

facilities where hazardous substances or waste have been deposited and which have been 

cleaned up, in order to determine whether these pose a risk to the general welfare and health 

and to the environment.

6. The Environmental Quality Board is hereby authorized to use any amounts in excess of 

12.5 million dollars available at the closing of fiscal year 2003-2004 in the Environmental 

Emergency Fund, after having covered into the same any corresponding amounts pursuant to 

the ―Used Oil Fund Act,‖ the ―Used Tire Management Act,‖ and any other laws ordering the 

transfer of funds at the closing of the fiscal year to the Environmental Emergency Fund, in 

order to: cover, firstly, any expenses relative to the personnel and operation of the program 

established by virtue of the provisions of Section 36 of this Act, during the following fiscal 

year; and defray, secondly, other personnel and operating expenses of such public 

instrumentality or to develop activities and projects for the benefit of the environment. These 

funds may be used, among other things, to acquire by purchase or lease, any equipment or 

instruments, motor vehicles, materials, sites or spaces for offices or storage; for training in or 

outside Puerto Rico; for safety clothing and equipment and for uniforms; for services and 

equipment or parts to repair or calibrate equipment and instruments; for office equipment; for 

communications systems; and for programs and equipment for the automation of its 

operations and to manage information and data. The Environmental Quality Board may also 

use the funds referred to in this Section for the acquisition, by purchase or lease, of 

equipment, instruments, and supplies for the Puerto Rico Environmental Research 

Laboratory under its charge, as well as to carry out improvements to the physical plant or 

structure (exteriors and interiors) where the same is located; for the development of scientific 

research; for the development of projects for the benefit of the environment; for the 

development of its programmatic areas, in particular, the Environmental Emergency 

Response and Remedial Action Area; and to carry out or support any activities as necessary 

in order for the Commonwealth Environmental Emergency Response Planning Commission 

to discharge its responsibilities; to meet payment obligations of the Board; for the automation 

of its operations and to manage environmental data and information, including the creation of 

an bank on Puerto Rico’s environmental data; to lease, buy, repair, and calibrate equipment; 

and to strengthen the Latin American Green Bridge Program and the Puerto Rico and the 

Caribbean Environmental Trust Fund, among other things. The Board, through its Internal 

Audit Office, shall issue an annual certification to the Office of Management and Budget and 

the Department of the Treasury on the total amount of funds used as of June 30 of each year 

pursuant to the provisions of this Section.

 As of fiscal year 2005-2006, the Board may only use from the Environmental Emergency 

Fund, an amount equal to one and a half times the amount used in the preceding fiscal year, 

from any amount available as of June 30 of each year in excess of 12.5 million dollars for the 

purposes provided for in this Section. If the amount available for the use of the Board as of 

June 30 of any year should be lesser than one and a half times the amount used in the 

preceding year, the Board may only use for that year the amount available as of June 30.
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7. For research, identification, confinement, treatment, control, and disposal of hazardous 

substances or waste within the Commonwealth of Puerto Rico in environmental emergency

situations, including:

a) Contracting specialized personnel.

b) Buying and renting equipment and supplies in addressing the environmental 

emergency.

c) Other necessary expenses.

8. To develop a public participation program to keep the public informed on all activities 

carried out pursuant to this Act.

9. To provide financial resources to conduct such studies as necessary to identify new 

financing sources that could replenish the Fund.

10. The Environmental Quality Board may use the Environmental Emergency Fund to 

address emergencies and to clean up and remediate sites contaminated by used oils, as 

defined in Act No. 172 of August 31, 1996, as amended, and the regulations approved 

thereunder by the Board.

Section 39.— Rulemaking Authority. — (12 L.P.R.A. § 8004h)

 The Environmental Quality Board shall adopt, promulgate, amend, and repeal rules and 

regulations as necessary in order to implement this Title.

Section 40. — Notice to the Environmental Quality Board; Responsive Action; 

Incident/Accident Report. — (12 L.P.R.A. § 8004i)

A. Notice to the Environmental Quality Board.—Any person who gains direct or indirect 

knowledge of an environmental emergency situation that poses a threat or an imminent risk 

of endangering human health and safety or the environment shall immediately notify the 

Environmental Quality Board and the pertinent authorities. The Environmental Quality 

Board is hereby empowered to adopt regulations on that matter.

B. Responsive Action.—Any time the Environmental Quality Board is notified of the 

occurrence or the possibility of the occurrence of an environmental emergency that poses an 

imminent risk of serious harm to the public health or safety or to the environment, after the 

Board has determined the reasonability and veracity of such notice, the Board shall respond 

to such emergency and require that the person held to be responsible or his/her identified 

representative onto whom he/she has delegated implement any responsive action as the 

Board may deem necessary and adequate to protect public health or safety or the 

environment.

 Taking into account the urgency of the response that the situation may warrant, the 

Environmental Quality Board may state such requirement by immediate oral or written notice 

at the site and the time of the emergency or by oral and written notice after the emergency. If 

the person responsible should refuse to act, he/she shall be apprised of the legal authority of 

the Board conferred under Titles II through IV of this Act to issue administrative orders with

the imposition of penalties and fines for noncompliance, and as the situation may warrant, to 

request that the Department of Justice criminally prosecute the person responsible.
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In the event that the person held to be responsible by the Board does not believe to be the 

cause of the environmental emergency duly identified by the Board, the former shall be 

entitled to an administrative hearing whereby he/she may present exculpatory evidence in 

his/her favor, pursuant to the rights conferred to any person under adjudicative proceedings, 

as per the provisions of Act No. 170 of August 12, 1988, as amended.

C. Incidence/Accident Report.—The Environmental Quality Board, through specialized 

technical personnel, shall have the authority to issue and serve at the time of occurrence of 

facts a Notice upon the person responsible, so that the latter submit to the Environmental 

Quality Board within a maximum term of five (5) workdays a written Incident/Accident 

Report stating the facts that led to the environmental emergency.

Section 41. — Interagency Coordination. — (12 L.P.R.A. § 8004j)

 The Environmental Quality Board shall coordinate any responsive actions taken under the 

provisions of this Act with other government agencies, both Commonwealth and Federal, 

which may have jurisdiction over the case, so as to prevent duplication of efforts or conflicts 

regarding actions or requirements pertaining to spills or spill threats or environmental 

emergencies that may affect public health, safety or environmental quality.

Section 42. — Use of a Credit Line or the Emergency Fund. — (12 L.P.R.A. § 8004k)

 The Environmental Quality Board is hereby authorized to solicit, obtain and maintain a line 

of credit with the Government Development Bank for up to twelve million, five hundred 

thousand (12,500,000) dollars, to be sued exclusively, if necessary, to manage environmental 

emergency situations which require the use of all existing funds in the Environmental 

Emergency Fund. Repayment of this line of credit shall be under the care of the Office of 

Management and Budget, pursuant to the terms and conditions set by the Government 

Development Bank. If any case should arise which requires the use of all funds available in 

the Environmental Emergency Fund as well as the line of credit authorized under this 

Section, the Board shall issue a certification to the Governor in connection with the 

environmental emergency situation and the amount of funds necessary to respond thereto or 

to remedy the pollution problem, and the latter shall authorize the use for such purpose of the 

funds available in the Emergency Fund created by Act No. 91 of June 21, 1996, as amended, 

through the corresponding executive order.

Section 43. — Recovery of Expenses. — (12 L.P.R.A. § 8004l)

 Necessary expenses in connection with responsive actions as incurred by the 

Environmental Quality Board and the agencies, departments, municipalities, corporations, 

and public instrumentalities lending support to the Board in striving to accomplish the 

objectives of this Act to handle an environmental emergency, including the corresponding 

legal expenses, may be recovered by the Environmental Quality Board by means of an 

Administrative Order issued by such Board or through civil action instituted at the General 

Court of Justice of Puerto Rico or the courts of the United States of America, represented by 

its attorneys, the Secretary of Justice or a private attorney contracted for that purpose, against 
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any person held responsible under this Act or under the provisions of chapters II and IV of 

this Act. The Board may recover three times the total amount of expenses incurred by the 

Board and the agencies, departments, municipalities, corporations, and public 

instrumentalities. The expense certification issued by the Environmental Quality Board shall 

constitute prima facie evidence of the fact that the expenses thus certified are necessary and 

reasonable. Any party adversely affected by a resolution, order or decision of the 

Environmental Quality Board in connection with the aforementioned certified expenses may 

request an administrative reconsideration or a judicial review pursuant to the provisions of 

Act No. 170 of August 12, 1988, as amended, known as the ―Uniform Administrative 

Procedures Act.‖

Section 44. — Harmful Substance Management.— (12 L.P.R.A. § 8004m)

A. The Environmental Quality Board is hereby ordered to formulate and adopt an emergency 

plan that sets forth the measures to be taken and the equipment and materials necessary to 

minimize damages arising from the spill of harmful substances.

B. The Board is hereby authorized to:

1. Determine and require that the destination recipients or importers of harmful 

substances pay monetary fees pursuant to the provisions of this subsection.

2. Adopt regulations to require that destination recipients of harmful substances pay 

monetary fees to defray their programs in connection with response planning and to 

respond to harmful substance spills, to control environmental pollution, and to conduct 

environmental scientific research. These funds may be used for the purposes provided for 

in this Act. The procedures to be followed in adopting such regulations shall be those 

which are provided for such purposes in the ―Puerto Rico Uniform Administrative 

Procedures Act.‖ All destination recipients or importers located in Puerto Rico shall pay 

to the Department of the Treasury the fees set by the Environmental Quality Board 

pursuant to the provisions of this clause, upon arrival into Puerto Rico of the harmful 

substances in question. The funds received by the Department of the Treasury on account 

thereof shall be covered into the Puerto Rico Environmental Emergency Fund.

3. In determining the fees to be paid, the following factors, among others, shall be taken 

into consideration: the average amount of harmful substances that destination recipients 

receive periodically, the hazardousness of the substance received, the time the transporter 

remains in territorial waters or within the jurisdiction of the Commonwealth of Puerto 

Rico, and any other factor that may be pertinent.

4. Contract with any agency or instrumentality of the Commonwealth or the Federal 

government or with any private entity for services to carry out the purposes of Sections 

44 and 46 of this Act.

5. Issue orders to do or forbear against public or private corporations or natural and 

juridical persons, in order to discharge certain functions so as to accomplish the purposes 

of Sections 44 and 46 of this Act.

 Procedures pertaining to the issue of orders, the holding of the corresponding 

administrative hearings and procedures for court review of orders and resolutions under 

Sections 44 and 46 of this Act shall be governed by the procedures established in Titles II 
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and IV of this Act and the ―Uniform Administrative Procedures Act,‖ with respect to all 

other orders and/or resolutions issued by the Board.

6. Establish and operate one or more warehouses to store the equipment and materials to 

handle spills. These warehouses shall be located at various sites throughout the Island in 

order to expedite the deployment of equipment and materials in the case of an 

emergency.

Section 45. — Definitions. — (12 L.P.R.A. § 8004n)

 A. For purposes of the provisions of Section 44 above, the words and phrases stated below 

shall have the following meaning:

1. Transporter.—Any natural or juridical person who by means of any kind of vessel, 

vehicle or means of cargo transportation takes harmful substances from one place to 

another within the jurisdiction of Puerto Rico and its adjacent waters.

2. Destination Recipient.—Any natural or juridical person to whom the transporter is to 

deliver harmful substance cargo.

3. Harmful Substances.—Those substances in a liquid or gaseous state which by their 

nature may, in the event of a spill or leak, harm the environment or the health of the 

citizenry, including, without being limited to, substances such as oil and its byproducts 

and gases such as toluene. This term also includes hazardous substances or waste as 

defined in Section 32 of this Act.

4. Spill.—The discharge, emission or expulsion, whether accidental or intentional, of 

harmful substances from a vessel of any kind through pipelines or any other means, or 

out to sea or into any other body of water in Puerto Rico.

5. Board.—The Environmental Quality Board.

6. Equipment and Materials.—The equipment and materials necessary to handle harmful 

substance spill situations as established by regulation.

B. For purposes of the provisions of Section 46 of this Act, the words and phrases stated 

below shall have the following meaning:

1. Damages.—Means any damage with which lies responsibility under the laws of the 

Commonwealth of Puerto Rico or the United States of America which leads to, arises 

from or involves the spill or the possible threat of there being an oil or a hazardous 

substance spill.

2. Spill.—Means any emission or leak, whether intentional or negligent, including, but 

not limited to, spills, seepage, leakage, pumping, dumping, discharge or casting of oil or 

hazardous substances into the ground, in a maritime-land zone, or out to sea. This does 

not include spills caused by force majeure.

3. On-site Federal Coordinator.—Means the Federal officer designated by the 

Environmental Protection Agency (E.P.A.) or the Coast Guard service of the United 

States of America to coordinate and direct any Federal remedial action under subchapter 

D of the National Contingency Plan, or the officer appointed by the designated agency to 

coordinate and direct cleanup efforts under subchapter E of the aforementioned Federal 

Plan.

4. National Contingency Plan.—Means the National Oil and Hazardous Substances 

Pollution Contingency Plan, 40 C.F.R. 300, established under the Water Pollution 
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rev. July 1, 2011 OMB Page 56 of 65

Prevention and Control Act, 33 U.S.C. §§2701 et seq. (Section 1321(d)), as amended by 

the Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484, 33 U.S.C. §§ 2701 et 

seq., the Oil Discharge Environmental Incident Contingency Plan of the Environmental 

Quality Board, and the Oil and Hazardous Substance Contingency Plan of the Coast 

Guard.

5. Oil.—Means the product generally known as such, of any class or form, and any 

byproduct thereof, including, but not limited to petroleum, oil, fuel, oily waste, and 

residual mixtures containing oils, silts or refined oils.

6. Person.—Means any natural or juridical person, partnership, association, 

instrumentality, municipality, commission or agency of the Commonwealth of Puerto 

Rico or a political subdivision of a state of the United States of America, or any entity 

created to operate between the states of the United States of America.

7. Cleanup, Removal or Disposal Expenses.—Means cleanup expenses incurred after an 

oil or a hazardous substance spill or to prevent such spill, the expenses incurred to 

mitigate pollution and damages resulting from such spill, and expenses incurred for the 

disposal of the collected material.

8. Party Responsible. This includes the following:

a) Vessels.—Means a person who owns or operates or rents a vessel.

b) Ground Facilities.—Means a person who owns or operates a facility, excluding 

regular or oil pipelines, or a

Federal, Commonwealth or municipal agency, commission, instrumentality or 

political division of the Commonwealth of Puerto Rico or any political subdivision of 

a state of the United States of America or any interstate entity that, as owner, transfers 

the title deed, the tenancy and the right of use over such property to another person 

through a lease, an assignment or a permit.

c) Offshore Facilities.—Means the lease of the area where the facility is located or the 

holder of the right of use and easements conferred under the applicable 

Commonwealth law or the Outer Continental Shelf Lands Act, 43 U.S.C. §§ 1301 

through 1356, for the area where the facility is located, if such holder is a person 

other than the lessee, excluding: regular or oil pipelines or deepwater ports duly 

authorized by law or by a Federal, Commonwealth or municipal agency or by a 

commission, instrumentality or political division of the Commonwealth of Puerto 

Rico or a state of the United States of America or by any interstate entity that, as 

owner, transfers the title deed, the tenancy or the right of use over the property to 

another person through a lease, an assignment or a permit.

d) Deepwater Port.—Means the assignor of a deepwater port authorized by the 

Federal Deepwater Port Act of 1974, 33 U.S.C. §§ 1501 through 1524.

e) Regular Pipeline.—Means the owner or operator of any pipeline.

f) Abandonment.—Means any vessel, ground facility, deepwater port, regular 

pipeline, oil pipeline or offshore facility which has been abandoned or fallen into 

disuse, including the parties which would have been responsible before such vessel or 

facility was abandoned.

9. Intervening Party.—Means any person who has not had any part in or 

responsibility for the original spill and intervenes for purposes of cleaning up, 

removal, and disposal of the spilled material, including the participation in damage 
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rev. July 1, 2011 OMB Page 57 of 65

mitigation, whether voluntarily or through a contract, who offers assistance or advice 

to remedy or eliminate the spill.

10. Hazardous Substances.—Means any substance or substance mixture that is toxic, 

corrosive, highly sensitizing, irritating, combustible, flammable or which generates 

pressure through decomposition, heat or other means, if such substance or substance 

mixture is capable of causing bodily injuries or illness as a result of its use, 

management or ingestion.

Section 46. — Limited Immunity. — (12 L.P.R.A. § 8004o)

A. Notwithstanding the provisions under any other law, no intervening party or person 

shall be responsible for cleanup, removal or disposal expenses or for damages arising 

from actions or omissions in remedying or attempting to remedy or eliminating an oil or a 

hazardous substance spill or in providing or offering attention, aid, assistance or advice 

following the National Plan or in responding to the instructions or orders of the Onsite 

Federal Coordinator or the designated Commonwealth official.

B. The above immunity shall not apply to:

1. The parties responsible for the spill.

2. Incidents which lead to personal harm or death.

3. Incidents wherein negligence or acts contrary to the laws are proven. The party 

responsible shall respond for cleanup, removal or disposal expenses and for any harm 

inflicted to any other person released from responsibility under this Section.

C. This Act does not exempt from the responsibility that any party responsible may have 

for an oil or a hazardous substance spill of any kind.

TITLE V. — ON THE PUERTO RICO AND THE CARIBBEAN ENVIRONMENTAL 

TRUST FUND. [12 L.P.R.A., Subtitle 8, Chapter 501, Subchapter 5]

Section 47. — Statement of Purposes. — (12 L.P.R.A. § 8005)

 It is hereby stated that the public policy of Puerto Rico is to develop and implement the 

―Latin American Green Bridge‖ program through the Environmental Quality Board of Puerto 

Rico, in order for the island to avail itself of the environmental experience of Latin American 

countries in their interaction, together with Puerto Rico’s experience, to protect the 

environment. Thus, the government seeks the enrichment of knowledge in legal and technical 

environmental aspects through the transfer and exchange of progressive technology in the 

implementation of environmental norms between participating countries and international 

entities and Puerto Rico.

Section 48. — International Project Unit. — (12 L.P.R.A. § 8005a)

 The International Project Unit of the Environmental Quality Board shall have the purpose 

of carrying out the initiatives and objectives of cooperation and exchange of information, 

experiences, and technology pertaining to the field of environmental protection, as sought 

under the various agreements executed by the Government of the Commonwealth of Puerto 
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 58 of 65

Rico through the Environmental Quality Board with certain international entities and 

governments of the Caribbean and Central and South America.

Section 49. — Creation. — (12 L.P.R.A. § 8005b)

 The ―Puerto Rico and the Caribbean Environmental Trust Fund‖ is hereby created in the 

Government Development Bank for Puerto Rico. The Environmental Quality Board shall be 

the trustee of such Fund, in order to carry out the purposes and objectives sought by this Act. 

The Fund is hereby authorized to pay for the administrative expenses charged by the 

Government Development Bank for Puerto Rico. To that effect, any funds from private 

sources deposited into the Puerto Rico and the Caribbean Environmental Trust Fund, as well 

as any funds generated by the Environmental Quality Board in its sole discretion, covered 

into the Special Account Set for the Environmental Quality Board, and any other public or 

private funds.

Section 50. — Application of the Public Fund Investment Trust Act. — (12 L.P.R.A. § 

8005c)

 The Puerto Rico and the Caribbean Environmental Trust Fund created under this Act shall 

be established pursuant to Act No. 176 of August 11, 195, better known as the ―Public Fund 

Investment Trust Act,‖ with similar purposes, for which reason, the same shall enjoy 

exemption from taxes and all other exemptions as provided for under such Act.

Section 51. — Revenues and Interest. — (12 L.P.R.A. § 8005d)

 Revenues and interest yielded by the Puerto Rico and the Caribbean Environmental Trust 

Fund shall be used by the Environmental Quality Board to finance its environmental 

technical exchange and international cooperation programs and to accomplish the purposes 

and objectives of this Act.

TITLE VI. — ON THE POLLUTION PREVENTION PROGRAM. [12 L.P.R.A., Subtitle 8, 

Chapter 501, Subchapter 6]

Section 52. — Public Policy on Pollution Prevention. — (12 L.P.R.A. § 8006)

A. Environmental pollution must be prevented and diminished at the source. In cases in 

which pollutants cannot be offset, these shall be reused or recycled in a manner that is safe 

for the environment, and in its default, these shall be disposed of through the use of 

technology approved by the Environmental Quality Board, being its disposal into the 

environment the last resort, pursuant to the applicable laws and regulations.

B. The efficient execution of this public policy shall improve the quality of life of Puerto 

Ricans, insofar as there shall be a decrease in health problems associated with pollution; the 

risk of affecting the food chain shall also be reduced; furthermore, the flora and fauna shall 

be protected; our socioeconomic sector would derive benefits, inasmuch as the costs for 

disposal, labor and purchase of raw materials would be reduced; the infrastructure would be 
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 59 of 65

protected; there would be an exchange of materials and products that can be reused; and, by 

reducing the amount of pollutants, the risk of being sanctioned by regulating agencies would 

be reduced.

Section 53. — Definitions. — (12 L.P.R.A. § 8006a)

 For purposes of this Title, the words and phrases stated below shall have the following 

meaning:

1. Pollution.—Means the degradation of the natural quality of waters, the air, or the ground, 

as a direct or indirect result of human activities, as set forth in the regulations of the 

Environmental Quality Board.

2. Prevention.—Means any practice which reduces the amount of any hazardous substance or 

pollutant emitted into the environment or which must eventually be disposed of through solid 

waste disposal techniques. It also means any practice that diminishes health and 

environmental hazards through the disposal of such substances and pollutants. The term 

includes equipment or modifications in technology, processes or modifications in processes, 

product reformulation or redesign, material replacement, and improvements in maintenance 

systems, training, inventory control, and home maintenance.

Section 54. — Program; Establishment. — (12 L.P.R.A. § 8006b)

 The public policy set forth in Section 52 of this Act shall be the basis for and be 

implemented through the Pollution Prevention Program of the Solid Waste Authority, which 

has been established for several years, with the purpose of developing a pollution prevention 

program for both the public sector and the private sector in Puerto Rico. The main purpose of 

the program is to maintain and protect our environment through pollution prevention and 

reduction at the source of origin, so as to create a healthy setting that promotes the integrated 

and sustainable development of Puerto Rico. The efficient promotion of the objectives of the 

Pollution Prevention Program (P2) shall improve the quality of life of Puerto Ricans, insofar 

as health problems associated with pollution shall diminish. Furthermore, the risk of affecting 

the food chain shall be reduced. The flora and fauna shall also be protected; our 

socioeconomic sector shall derive benefits, inasmuch as the costs for the disposal, labor, and 

purchase of raw materials shall diminish; the infrastructure shall be protected; materials and 

products that can be reused shall be exchanged; and, in reducing the amount of pollutants, the 

risk of being sanctioned shall be reduced for pollutant-generating facilities.

117

Section 55. — Agencies Responsible. — (12 L.P.R.A. § 8006c)

 The Solid Waste Authority shall be empowered to foster and develop research initiatives 

for the identification and design of measures or alternatives that reduce pollutants at their 

source and for the identification and design of alternatives to reuse and recycle pollutants 

whose generation cannot be prevented, through its Pollution Prevention Program (P2), in 

order to comply with the public policy established in this Act and the regulations adopted by 

the Environmental Quality Board for the management, treatment, transportation and disposal 

of pollutants.
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

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 The Solid Waste Authority shall also coordinate with all other government agencies and 

instrumentalities so as to achieve a more efficient cooperation and disclosure of information 

among the same. Likewise, it shall join efforts with the Office of the Advocate for Small 

Businesses in the implementation and enforcement of this Act.

 The Environmental Quality Board shall be the agency responsible for seeing to the 

compliance with operating requirements established by this Act, insofar as these are 

compatible with the regulations adopted and administered by the Board.

Section 56. — Program; Objectives. — (12 L.P.R.A. § 8006d)

 The main objectives of the Pollution Prevention Program (P2) of the Solid Waste Authority 

shall be:

1. To promote pollution prevention and reduction at its source of origin.

2. To seek the implementation of practices which reduce pollution by pollutant generators 

and the citizenry.

3. To coordinate with all other government agencies and instrumentalities, as well as with the 

private business sector and the citizenry at large, to enforce the public policy set forth in this 

Act.

Section 57. — Program; Functions and Duties. — (12 L.P.R.A. § 8006e)

 The Pollution Prevention Program (P2) of the Solid Waste Authority shall have the 

following powers and duties:

1. To educate and offer technical assistance to our people in connection with methods to 

prevent and reduce pollution at its source of origin.

2. To identify opportunities, operations, and activities in which pollution can be controlled at 

the source.

3. To prepare an inventory of the ways known to reduce or prevent pollution.

4. To promote the use of ways available to prevent pollution and the development through 

research of new methods to prevent and reduce at the source.

5. To prepare and implement plans and programs to prevent and reduce pollution at its source 

of origin.

6. To foster the use of products designed to eliminate or reuse the generation of waste at the 

source.

7. To promote the reduction of raw materials in the packaging of products by manufacturers.

8. To recommend that the Environmental Quality Board adopt, amend or repeal rules and 

regulations to establish requirements in order to promote the achievement of the following:

a) To increase energy efficiency and conservation.

b) To implement, at any stage of a process, techniques which minimize or eliminate 

pollution.

c) To maintain a control over the inventories of materials, of both raw materials and solid 

waste.

d) To engage in good cleaning practices at workplaces.

e) To train employees in the reduction of pollutant generation.

f) To establish practices for pollution prevention at the source.
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g) To submit reports or data on pollutant generation.

h) To take into account pollution prevention and reduction factors when granting permits, 

franchises, endorsements or authorizations and when amending regulations.

9. To integrate and harmonize programs, studies, activities and efforts by the business sector, 

the government, and civil organizations in publishing and offering guidance regarding the 

methods to control pollution at its source.

10. To stimulate the participation of the entire communications media in educational efforts 

programmed by the government and the general public.

11. Offer guidance to the public about products containing pollutants and substitutes therefor.

12. To require the publication of all efforts, laws, regulations, and research in existence on 

pollution prevention.

13. To promote educational conferences and the publication of material for government and 

private offices on methods to prevent pollution.

14. To identify and make recommendations to the Legislature to eliminate any hindrances to 

pollution reduction at the source of origin, including the use of incentives or sanctions.

15. To develop, validate and publish auditing procedures designed to identify opportunities to 

reduce pollution at the source of origin, in coordination with the Environmental Quality 

Board.

16. To identify pollutant-generating industries, businesses, and government offices that 

require assistance to develop programs to reduce pollution at the source of origin, in 

coordination with the Environmental Quality Board.

17. To incorporate measures to prevent and reduce pollution at the source of origin into the 

educational program for public and private schools.

18. To execute agreements with other public or private entities for the enforcement of this 

Act or the regulations adopted thereunder.

Section 58. — Environmental Quality Board; Delegation. — (12 L.P.R.A. § 8006f)

 The Environmental Quality Board shall further compliance with the public policy set forth 

in this Act through its rulemaking authority, through the granting of permits, certificates, 

authorizations and/or endorsements, and through its oversight powers conferred under Title II 

of this Act and the regulations adopted thereunder.

 The Solid Waste Authority may delegate onto the Environmental Quality Board any other 

power as necessary for the effective enforcement of this chapter or any regulatory provision 

adopted thereunder.

 None of the provisions of this Act may be understood to limit the power of the 

Environmental Quality Board to impose measures as necessary, including the issue of orders 

and the imposition of sanctions, to discharge its overseeing functions as pertains to 

environmental issues in Puerto Rico.

Section 59. — Donations, Aids, Funds. — (12 L.P.R.A. § 8006g)

 The Solid Waste Authority is hereby empowered to receive donations, aids, and funds, and 

to take loans and enter into contracts, leases, agreements, and other transactions with any 

agency or department of the United States of America, of any state, of Puerto Rico or of any 
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political subdivision thereof or with private entities, and to invest the proceeds of such 

donations, loans or funds in the operation of the Pollution Prevention Program.

Section 60. — Compatibility with Other Laws. — (12 L.P.R.A. § 8006h)

 This Title and the Pollution Prevention Program established therein are compatible with the 

provisions of the Solid Waste Authority Organic Act and the laws administered by such 

Authority, and the powers and authority delegated onto the Environmental Quality Board in 

the development and implementation of economically feasible and environmentally safe 

strategies that lead to a reduction in the volume of solid waste requiring final disposal.

Section 61. — Regulations. — (12 L.P.R.A. § 8006i)

 The Solid Waste Authority, within a period of six (6) months as of the date of approval of 

this Act, shall prepare regulations in which it shall establish the procedures to be followed by 

the Pollution Prevention Program pertaining the implementation of this Act. Such regulations 

shall include, among other things:

1. A written policy on pollutant prevention at their source of origin.

2. The scope and objectives of the Program, including technologies, procedures, and training 

programs to be developed to ensure compliance with this Act.

3. A description and the method for periodic evaluations and/or audits that indicate the 

reduction achieved. Such evaluations and/or audits shall include information about the kinds 

and amounts of pollutants generated, where and why such pollutants are generated within the 

production process, the identification of potential pollutant reduction and recycling 

techniques that can be implemented, and management and supervision costs.

4. The establishment of economically feasible technical options for pollutant reduction at the 

source of origin, including implementation plans and reporting requirements.

Section 62. — Annual Report. — (12 L.P.R.A. § 8006j)

 The Pollution Prevention Program shall prepare an annual report for the Legislature not 

later than March 31, in which the Program shall state the achievements made during that year 

and the difficulties encountered, to be submitted together with a work plan for the next year. 

The Pollution Prevention Program shall be responsible for including in its second annual 

report, any suggested amendments to the law, or at any timely and necessary occasion.

TITLE VII. — ON THE NATIONAL ENVIRONMENTAL AWARENESS AND 

REFLECTION DAY. [12 L.P.R.A., Subtitle 8, Chapter 501, Subchapter 7]

Section 63. — Statement. — (12 L.P.R.A. § 8007)

 The 1st day of July of every year is hereby designated as the ―National Environmental 

Awareness and Reflection Day in Puerto Rico.‖
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rev. July 1, 2011 OMB Page 63 of 65

Section 64. — Definitions. — (12 L.P.R.A. § 8007a)

 The following terms shall have the meanings stated below, except when the context of the 

provisions of this Act clearly indicates otherwise:

1. Agenda 21 or Program 21.—A broad action program encompassing all areas relative to the 

planet’s sustainable development from 1992 to the 21st century. The same was presented to 

all World Governments at the ―Earth Summit‖ held in Rio de Janeiro, Brazil, in June, 1992.

2. Sustainable Development.—Development that meets the present needs without 

jeopardizing the needs of future generations. A process in which the economic, fiscal, 

business, energy, agricultural, industrial and other policies are formulated so as to achieve a 

development that is sustainable in terms of the economic, the social, and the ecological 

standpoints. These are ways of economic development and activities that neither degrade nor 

deplete the natural resources upon which life and the present and the future economic 

development are dependent.

3. Ecological Footprint.—The footprint measures the human impact on nature. In order to 

live, people consume that which nature offers. The ecological footprint measures what we 

consume of the natural environment. It shows how much productive land and water we use, 

expressed in acres or hectares, in our character as individuals, to maintain our lifestyles, 

produce all the resources that we consume, and dispose of the waste we generate. The 

average ecological footprint of an American is thirty (30) acres, that of a Hindu is 1.98 acres, 

and the average for an inhabitant of this planet is 6.92 acres. But the sad truth is that, for the 

present world population, nature only provides five (5) acres of productive space per Earth 

inhabitant. Therefore, citizens in developed countries throughout the world are living at the 

expense of the productive space of those less fortunate.

Section 65. — Coordination for Observance. — (12 L.P.R.A. § 8007b)

 Observance of the National Environmental Awareness and Reflection Day in Puerto Rico, 

as provided for in this Act, shall be coordinated by the Environmental Quality Board, 

together with the Department of Natural and Environmental Resources, the Solid Waste 

Authority, the Department of Education, the University of Puerto Rico, the Department of 

Health, the Electric Power Authority, the Aqueduct and Sewer Authority, the Department of 

Agriculture, the Land Authority, the Department of Transportation and Public Works, the 

Highway Authority, the Metropolitan Bus Authority, the Ports Authority, the Tourism 

Company, the Puerto Rico National Park Company, the Department of Economic 

Development and Commerce, the Industrial Development Company, the Sports and 

Recreation Department, and other Executive agencies as the Environmental Quality Board 

may deem pertinent. The Legislature and all municipalities of Puerto Rico shall also join in 

the observance.

Section 66. — Purpose of Observance. — (12 L.P.R.A. § 8007c)

 The motif of the day observed shall be to highlight, but not be limited to, the promotion of 

environmentally low-impact lifestyles and consumer habits; the modification of negative 

environmental behavior; how to compute, monitor, and minimize our ecological footprint; 
―Environmental Public Policy Act‖ [Act No. 416 of September 22, 2004 as amended]

rev. July 1, 2011 OMB Page 64 of 65

the development and application of sustainable development indicators; the sustainable 

development philosophy under the terms established in Agenda 21; environmental 

degradation and pollution prevention; and the development of sustainable communities, as 

defined in this Act, among others.

Section 67. — Invitation to Participate. — (12 L.P.R.A. § 8007d)

 All Federal Government agencies with offices in Puerto Rico, as well as private 

educational entities and all interested community groups and nongovernmental organizations 

shall be invited to participate in this event.

Section 68. — Government Collaboration. — (12 L.P.R.A. § 8007e)

 All agencies, dependencies, and instrumentalities of the Central Government, as well as the 

Municipal Governments of the Commonwealth of Puerto Rico, shall provide the

Environmental Quality Board with the collaboration necessary to successfully observe this 

date every year.

Section 69. — On Active Administrative Procedures. — (12 L.P.R.A. § 8007f)

 Any procedures of a quasi-judicial, administrative, adjudicative or other nature already 

instituted or pending before the effective date of this Act shall be governed by the laws, 

regulations, and orders repealed herein pursuant to the law that applied at the time of 

occurrence of the facts or events which led to such procedures.

Section 70. — On the New Regulations and the Rules and Regulations in Effect. — (12 

L.P.R.A. § 8001 note)

 Every agency, department, municipality, instrumentality and public corporation with 

jurisdiction conferred by the present Act and that has been delegated quasi-legislative and/or 

quasi-judicial powers shall have to draft every new rule or regulation that may be necessary 

for the application of the same so that they may be approved and acquire juridical effect 

within the first twenty-four (24) months of the effective date of this Act. This provision shall 

neither affect the validity nor the effectiveness of any rule or regulation adopted before the 

date of effectiveness of this Act pursuant to the provisions of any of the laws repealed by the 

latter.

Section 71. — On Provision Severability. — (12 L.P.R.A. § 8001 note)

 If any clause, paragraph, Section, chapter or title were to be found, in whole or in part, null 

or unconstitutional by a competent court, such proceeding or ruling shall not invalidate the 

remaining provisions of this Act, for which reason, the nullity or unconstitutionality shall 

apply only to that part or portion thus ruled upon by the court.
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Section 72. — Laws Repealed. — (12 L.P.R.A. § 8007i)

 Act No. 9 of June 18, 1970, as amended, known as the ―Environmental Public Policy Act,‖ 

is hereby repealed. Furthermore, the following special laws are hereby repealed: Act No. 13 

of July 7, 1973, known as the ―Spillage of Harmful Substances Act‖; Act No. 81 of July 2, 

1987, as amended, known as the ―Puerto Rico Environmental Emergency Fund Act‖; Act 

No. 297 of August 21, 1999, known as the ―Environmental Research Laboratory of Puerto 

Rico Act‖; Act No. 257 of August 31, 2000, known as the ―Environmental Trust Fund for 

Puerto Rico and the Caribbean Act‖; Act No. 310 of September 2, 2000, the ―Pollution 

Prevention Act‖; Act No. 25 of April 24, 2001, known as the ―Noise Prohibition Act‖; Act 

No. 234 of September 27, 2002, known as the ―National Environmental Awareness and 

Reflection Day in Puerto Rico Act‖; and Act No. 160 of July 3, 2003, known as the ―Noise 

Awareness Day in the Commonwealth of Puerto Rico Act.‖

Section 70. — Effectiveness. —

 This Act shall take effect six (6) months after its approval.

Note. This compilation was prepared by Puerto Rico OMB staff who have striven to ensure it 

is complete and accurate. However, this is not an official compilation and may not be 

completely free of error. It contains all amendments incorporated for reading purposes only. 

For accuracy and exactitude please refer to the act original text. Compiled by the Office of 

Management and Budget Library.