reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1317 - Exemption from taxes, fees and duties

(a) It is hereby resolved and declared that the purposes for which the Authority is created and should exercise its powers are: the betterment of the general well-being, the improvement and protection of the environment, the prosperity, and the safeguarding of health, which are all public goals for the benefit of the people of the Commonwealth of Puerto Rico in every sense, and, therefore, the Authority shall be exempt from the payment of taxes or duties on any of the properties acquired by it or under its jurisdiction, dominium, ownership, or supervision or on its activities for the operation and maintenance of any solid waste facility or on the income from any of its undertakings or activities.
(b) The Authority shall also be exempt from the payment of all fees, taxes or duties, heretofore or hereafter, required by law, for the prosecution of a lawsuit, the issuing of certificates in all offices and agencies of the Commonwealth of Puerto Rico, and the execution of public documents and the recording thereof in any public registry of Puerto Rico.
(c) For the purpose of expediting the procurement of funds for the Authority that will allow it to accomplish its corporate purposes, the bonds issued by the Authority and the revenues accrued therefrom, shall be and shall remain exempt from income taxes [, property] and payment of municipal licenses at all times.
History —June 23, 1978, No. 70, p. 222, § 18, renumbered as § 19 on Aug. 22, 1990, No. 59, p. 235, § 3; Jan. 20, 1995, No. 15, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1318 - Declaration of public utility

For the purposes of §§ 1305(o) and 1309 of this title, every solid waste facility, and every other property that the Authority deems necessary or convenient to use in order to carry out the purposes of this chapter, are hereby declared to be a public utility.
History —June 23, 1978, No. 70, p. 222, § 19, renumbered as § 20 on Aug. 22, 1990, No. 59, p. 235, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1318a - Repealed. Act July 27, 2011, No. 159, § 8, effective July 27, 2011

History —June 23, 1978, No. 70, p. 222, added as § 21 on Jan. 20, 1995, No. 15, § 5; Aug. 4, 1996, No. 104, § 1; Oct. 31, 2006, No. 233, § 1; July 19, 2010, No. 83, § 2.22(a); Oct. 8, 2010, No. 149, § 1; Repealed. Act.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1319 - Injunction

No injunction shall be issued to prevent the enforcement of this chapter or any of its sections.
History —June 23, 1978, No. 70, p. 222, § 21, renumbered as § 22 on Aug. 22, 1990, No. 59, p. 235, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320a - Public policy

It shall be the public policy of the Commonwealth of Puerto Rico to develop and implement financially viable and environmentally safe strategies that shall result in a reduction of the volume of solid waste that requires final disposal. As part of these strategies it is deemed necessary to modify the existing handling and disposal practices in order to reduce the intensive use of the country’s landfills. To such effects, technologies shall be used and systems shall be implemented for the reduction of the solid waste that is generated and the recovery of materials with the potential of being reused or recycled and returned to the economy as products or raw material. Therefore, after considering the technical and financial factors, the following classification of methods for the management of solid waste in the Commonwealth of Puerto Rico is hereby established:
(a) The reduction of the amount of solid waste generated;
(b) the re-use of materials for the purpose for which they were originally created, or any other use that does not require their processing;
(c) the recycling or composting of any material that cannot be reused;
(d) the recovery of energy from solid waste that cannot be reused or recycled, provided that the energy recovery facility preserves the quality of the air, water, soil and other natural resources, and
(e) the disposal of solid waste that cannot be reused, recycled or used for the recovery of energy in landfills that meet the requirements of the applicable federal and Commonwealth laws and regulations.
This public policy shall be specified in the Program for the Reduction and Recycling of Solid Waste to be developed by the Authority as provided in § 1320g of this title, and shall be implemented through the adoption of the following measures:
(1) To create mechanisms to reduce the volume of solid waste that is generated on the Island.
(2) To promote the development of municipal consortia for the establishment of reduction, re-use and recycling projects.
(3) To establish programs for separation at the source.
(4) To stimulate the recovery of recyclable material through the granting of incentives to participating businesses.
(5) To stimulate the participation of private industry in the construction and operation of the recovery and recycling facilities.
(6) To develop educational programs that promote the participation of all sectors.
(7) To stimulate the use of recycled and recyclable material in the manufacture as well as the consumption of products.
History —Sept. 18, 1992, No. 70, § 3; Jan. 20, 1995, No. 13, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320c - Municipal consortia

(a) Municipalities may, by agreement and in coordination with the Authority, unite to constitute a syndicate which shall be responsible for the developing and implementation of a common Recycling Plan for all the municipalities constituting the same, provided said agreement provides the Plan with financial viability. In such a case, the municipalities constituting the syndicate are hereby relieved from developing individual plans.
(b) All the powers and functions conferred to the municipalities, as defined in § 1320b of this title, are hereby conferred to municipal syndicates.
(c) The agreement established by the syndicate shall contain at least:
(1) The effective date of the agreement.
(2) Financial and any other type of accountability of each municipality.
(3) Financial or any other kind of rights or benefits corresponding to each municipality.
(4) Definition of the agency or body representing the syndicate.
(d) Municipalities that constitute the agreement shall not withdraw from the same during the term of effectiveness.
(e) Municipalities that are not part of the syndicate and subsequently are interested in becoming a part thereof, must be approved by the majority of the participating municipalities, and by the Authority. The Authority may reevaluate the decision made by the participating municipalities and make a final decision thereon.
(f) Any proposal for syndication must be submitted to the consideration of the Authority for its approval.
(g) The Authority shall provide the municipal consortia with the technical assistance needed to develop the Recycling Plan.
History —Sept. 18, 1992, No. 70, § 5; Jan. 20, 1995, No. 13, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320d - Solid waste—Separation

(a) Once this act takes effect, it shall be the duty of the persons, Commonwealth agencies and public corporations that generate recyclable solid waste to take all measures necessary for said waste to be duly separated and classified at its source. Every industry, factory, store, business and any other kind of institution, commercial or noncommercial, educational, university, tourist, among others, profit or nonprofit, that employs more than ten (10) persons, be it fulltime or parttime, shall implement a recycling plan. This recycling plan shall provide the procedure to reduce and separate recyclable materials from the solid waste generated by the institution. Said recycling plan shall be filed with the Solid Waste Authority on or before July 1, 2001.
(b) Noncompliance of this duty shall be subject to the penalties established in this chapter, including the imposition of administrative fines.
History —Sept. 18, 1992, No. 70, § 6; Oct. 8, 2000, No. 411, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320e - Solid waste—Recyclable materials

(a) It is hereby provided that the recyclable materials to be separated and classified at their source are:
(1) Paper products.
(2) Corrugated cardboard.
(3) Ferrous and non-ferrous metals.
(4) Glass.
(5) Plastics.
(6) Any other material or group of materials, that can be recovered and sold for recycling at a net cost equal to or less than that of collecting and depositing or processing them at a disposal facility.
(b) The Authority shall see to the expansion and support of the market for the recyclable materials listed in subsection (a) of this section as well as the creation, expansion and support of the markets of other recyclable materials not included in said list.
(c) The Authority shall determine through regulations, those recyclable materials that shall be separated and classified at their source pursuant to the existing infrastructure and recycling market. These regulations shall be revised and amended from time to time in keeping with the changes in said infrastructure and their market.
History —Sept. 18, 1992, No. 70, § 7; Jan. 20, 1995, No. 13, § 5.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320f - Private services

(a) The municipalities, consortia of municipalities and Commonwealth agencies shall use the most cost effective means to provide the services and carry out the reduction, reuse, recovery and recycling activities as defined in this chapter.
(b) Even though private services are contracted to carry out the provisions of this chapter, the Authority shall ensure that there is a flow of sufficient recyclable material for the optimum operation of the established recycling facilities.
History —Sept. 18, 1992, No. 70, § 8; Jan. 20, 1995, No. 13, § 6.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320h - Permits

(a) No waste recovery and recycling facility may be constructed, operated, modified, extended or closed without the corresponding permit granted by the Environmental Quality Board.
(b) The Environmental Quality Board shall develop the regulations that shall govern the construction, operation, modification, extension or closing of solid waste recovery or recycling facilities.
History —Sept. 18, 1992, No. 70, § 10, renumbered as § 11 by § 9 and amended by § 10 on Jan. 20, 1995, No. 13.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320i - Inspections

(a) The Environmental Quality Board is hereby empowered to inspect the solid waste recovery and recycling facilities in the Commonwealth of Puerto Rico. The Environmental Quality Board shall see to it that said facilities comply with all applicable Commonwealth and federal laws and regulations.
(b) The Environmental Quality Board shall inform the owner of the facility about the results of the inspection that was carried out, in writing.
History —Sept. 18, 1992, No. 70, § 11, renumbered as § 12 by § 9 and amended by § 11 on Jan. 20, 1995, No. 13.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320j - Administrative procedures

(a) The administrative procedures needed to implement this chapter shall be governed by the provisions of the Uniform Administrative Procedures Act, §§ 2101 et seq. of Title 3.
(b) Municipalities or municipal syndicates whose plan has not been approved by the Authority may appeal the decision within twenty (20) days after receiving said notice.
History —Sept. 18, 1992, No. 70, § 12, renumbered as § 13 on Jan. 20, 1995, No. 13 on § 9.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320k - Prohibitions

(a) General prohibition.— Any violation of the provisions of this chapter, of any municipal ordinance, or of any regulations adopted hereunder, shall constitute a violation of this chapter and may be sanctioned legally or administratively, at the discretion of the Authority.
(b) Specific prohibition.— No person shall store, collect, transport, process, or dispose of solid waste in any way that affects the environment, is a health or security safety hazard, or in a manner which is contrary to this chapter.
History —Sept. 18, 1992, No. 70, § 13, renumbered as § 15 on Jan. 20, 1995, No. 13, § 13.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320l - Penalties

(a) Violations.— Any violation of the provisions of this chapter or of the terms and conditions of the municipal plans approved by the Authority, shall be punishable with a fine of not less than one hundred dollars ($100) nor greater than five hundred dollars ($500) for each violation, or imprisonment that shall not exceed six (6)months, or both penalties, at the discretion of the court.
(b) Municipalities.— Failure to comply with the requirement of preparing a Recycling Plan that may be approved or of any other provision of this chapter could result in the imposition of a fine of up to one thousand dollars ($1,000) per day for each violation, on the municipality or municipalities that form part of the municipal consortia that incur non-compliance. Said penalties shall be covered into the Recycling Trust Fund established by this chapter. Likewise, the failure of an agency to comply with the implementation of any of the parts required by this chapter could result in the imposition of a fine of up to one thousand dollars ($1,000) per day for each violation.
History —Sept. 18, 1992, No. 70, § 14, renumbered as § 16 by § 13 and amended by § 14 on Jan. 20, 1995, No. 13.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320m - Remedies

The Authority, a municipality, or a syndicate may request any legal remedy, including but not limited by this list, to a petition to enforce an order or determination, or an order to cease and desist, an interdiction, or a preliminary or permanent injunction, and any other remedies which proceed in law.
History —Sept. 18, 1992, No. 70, § 15, renumbered as § 17 on Jan. 20, 1995, No. 13, § 13.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320n-1 - Plastic bag recycling program

Any commercial establishment, in coordination with the Authority, shall institute a plastic bag recycling program, providing the clients with the opportunity to return to the establishment any clean plastic bag they might have.
As part of said program, the Authority shall provide through regulation or through an application to review the recycling program that the municipalities have, as established in § 1320b of this title, the periodic collection of plastic bags recovered in commercial establishments. Furthermore, commercial establishments shall be responsible for taking the following measures:
(1) Place plastic bag drop-off and recycling containers duly identified in visible places easily accessible to clients.
(2) Deliver to the Authority, its designated agency, or the corresponding municipality, all plastic bags collected through this program for its recycling, in compliance with the provisions established by the Authority through regulation. In order to comply with the above, the Authority, its designated agency, or the corresponding municipality shall authorize plastic bag collection in commercial establishments.
(3) Maintain evidence and information describing the plastic bag collection, hauling, and recycling through this program for a minimum of three (3) years, in order for the Authority to verify compliance with the provisions of this section and the regulations it may approve thereunder.
(4) Have available for sale to their clients and/or allow them to use reusable bags as an option to substitute plastic bags.
History —Sept. 18, 1992, No. 70, added as § 18-A on Mar. 26, 2010, No. 38, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320o - Waste transportation

(a) The Authority shall, in coordination with the Environmental Quality Board, adopt the necessary procedures and regulations to guarantee that recyclable material flows properly to processing facilities.
History —Sept. 18, 1992, No. 70, § 17, renumbered as § 19 on Jan. 20, 1995, No. 13, § 13.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320p - Incentives Program

(a) A Financial Incentives Program is hereby created to promote the development of recycling activities in the Commonwealth of Puerto Rico.
(1) Differential fees.— It is hereby established that the rates to be charged for services for the collection, transportation, processing and storage of recyclable material shall be lower per ton of solid waste, than the rates to be charged for services related to other methods of waste management and disposal.
(2) The Economic Development Administration shall seek tax incentives to promote the establishing of recycling facilities or industries that use recyclable or recycled material in the manufacture of their products, pursuant to §§ 10038 et seq. of Title 13. To encourage the establishment of these industries, the agency shall evaluate and promote the development of tax incentives in addition to those already provided by said chapter.
(3) The Government Development Bank and the Development Bank shall provide financing for the construction of recycling facilities and the acquisition of related machinery and equipment.
(4) Special incentives for recycling activities.— In addition to the tax incentives provided by §§ 10038 et seq. of Title 13, for businesses exempted under subsection § 10039(e)(24) of Title 13, that are replacing activities and/or services previously provided by the Government of Puerto Rico or any agency or municipality or public dependency, the payment of part of the salaries and fringe benefits of the employees of the exempt business by the government or the agency or municipality or public instrumentality in question can be authorized, based on the percentage of public employees that are going to be retained by the exempt business according to the following table:
The amount to be paid shall not be greater than what was budgeted for such purposes by the Government, agency or public instrumentality.
Percentage of Public Employees Retained 100% 90% 80% 70% 60% 50% First Year Incentives 60% 50% 45% 40% 35% 30% Second Year Incentives 50% 40% 35% 35% 30% 25% Third Year Incentives 30% 30% 30% 30% 25% 20% Fourth Year Incentives 15% 15% 15% 15% 15% 15% Fifth Year Incentives 10% 10% 10% 10% 5% 0%
History —Sept. 18, 1992, No. 70, § 18, renumbered as § 20 by § 13 and amended by § 16 on Jan. 20, 1995, No. 13.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320r - Advisory council

(a) The Governor shall appoint an Advisory Council for the Reduction and Recycling of Solid Wastes, attached to his/her office, whose responsibility shall be:
(1) To study the impact of this legislation in the management of solid waste in Puerto Rico, and make recommendations to the Legislature and the Governor about required amendments.
(2) Make recommendations regarding the regulations that arise from this chapter.
(3) Determine the need to develop and encourage studies and special projects that stimulate the recycling activities and advise the Authority in the appropriation of funds from the Recycling Trust Fund for said purpose.
(4) Evaluate the work done by the Authority with regard to the implementation of this chapter and make the pertinent recommendations.
(b) The Advisory Council shall be constituted by a representative from:
(1) A recycling enterprise.
(2) An environmentalist organization.
(3) The Authority.
(4) A community that carries out recycling activities.
(5) The Environmental Quality Board.
(6) The University of Puerto Rico.
(7) The Senate of Puerto Rico.
(8) The House of Representatives.
(9) A mayor appointed by the Mayors’ Association.
(10) A mayor appointed by the Federation of Municipalities.
(11) The Puerto Rico Manufacturers Association.
(c) The members of the Advisory Council shall be appointed within sixty (60) days from the effective date of this act. The members of the Advisory Council shall be appointed for a term of two (2) years.
(d) The Governor shall call a meeting of the members of the Advisory Council no later than thirty (30) days after their appointment in order to elect the officers and establish the working procedures.
History —Sept. 18, 1992, No. 70, § 20, renumbered as § 21 and amended on Jan. 20, 1995, No. 13, § 18.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320r-1 - Line of credit

The Authority is hereby authorized to procure a revolving credit line with the Government Development Bank for Puerto Rico for a minimum amount of five million dollars ($5,000,000), for Fiscal Year 1995-1996, as well as for subsequent years. Each year, the Authority shall request and justify in its budget petition the resources needed to meet the payment of this line, which shall be included in the General Fund Budget each year. The moneys of the line of credit shall be used as provided in § 1320g-1 of this title.
History —Sept. 18, 1992, No. 70, added as § 22 on Jan, 20, 1995, No. 13, § 19; May 15, 1996, No. 39, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320s - Demonstration projects

(a) The Authority shall develop recycling demonstration projects in different geographic areas of Puerto Rico. Rural and urban areas, the different socioeconomic levels, multistory buildings, and government agencies, shall be considered. Sidewalk and collection center collecting method shall be explored.
History —Sept. 18, 1992, No. 70, § 21, renumbered as § 23 on Jan. 20, 1995, No. 13, § 20; renumbered again as § 22a on May 15, 1996, No. 39, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320t - Proviso

The pertinent agencies of the Commonwealth of Puerto Rico shall grant permits for the construction and operation of solid waste disposal facilities when the operation of said facilities does not hamper the development and implementation of the reduction and recycling activities established in this chapter.
History —Sept. 18, 1992, No. 70, § 22, renumbered as § 24 on Jan. 20, 1995, No. 13, § 20.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127A - Solid Waste Reduction and Recycling (§§ 1320 — 1320u) › § 1320u - Interpretation

The provisions of this chapter shall in no way impair any power granted to the Authority by §§ 1301 et seq. of this title, and by Reorganization Plan No. 4 of 1993, that creates the Department of Natural and Environmental Resources.
History —Sept. 18, 1992, No. 70, added as § 25 on Jan. 20, 1995, No. 13, § 21; renumbered as § 24 on May 15, 1996, No. 39, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127B - Commonwealth Technical Assistance Program for Hazardous Waste Management (§§ 1321 — 1321m) › § 1321 - Public policy

The development and implementation of economically viable and environmentally safe strategies that will encourage the reduction of hazardous waste, is hereby stated as the public policy of the Commonwealth of Puerto Rico. To such ends, it is necessary to develop a plan to stimulate the reduction of the sources of hazardous waste and promote its management in the place where it is generated, thus reducing the dependence on the existing treatment and management installations.
The following order shall be observed with regard to hazardous waste prevention and management:
(a) Reduce the generation of hazardous waste at its source.
(b) Reuse said waste as ingredients in an industrial process, be it to manufacture a given product, or to be used in a specific function or as an effective substitute for a commercial product.
(c) Recycle waste at its source, or should that not be possible, at another site deemed to be adequate and safe.
(d) Treat hazardous waste to reduce its volume and toxicity.
(e) Store hazardous waste appropriately.
(f) Safely dispose hazardous waste residue, to avoid leakage which may affect health and the environment.
As part of the abovementioned public policy, it is forbidden for any natural or juridical person to import or bring [into] Puerto Rico hazardous waste, as said term is defined in this chapter, that has been generated as such outside of the [Commonwealth] and is transported to this jurisdiction with the intention that it be finally disposed of here, unless prior express authorization, in writing, is obtained from the Chairman of the Environmental Quality Board, requested no less than sixty (60) days prior to the date proposed for the importing of said waste [into] Puerto Rico. When evaluating said requests, the Chairman of the Environmental Quality Board shall take into consideration the specific nature of the waste in question, and the existence and capacity of adequate facilities for the management and disposal of said waste in Puerto Rico.
History —Jan. 19, 1995, No. 10 § 2; May 21, 1999, No. 119, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127B - Commonwealth Technical Assistance Program for Hazardous Waste Management (§§ 1321 — 1321m) › § 1321a - Definitions

For the purposes of this chapter, the following terms shall have the meaning stated below:
(1) Audit or waste auditing.— Means the process for the evaluation carried out at a plant in order to examine its existing potential, implement modifications to its hazardous waste management process, investigate modifications in the production process and substitute materials or more efficient management practices which may be put into practice.
(2) Hazardous waste.— Means waste materials or a combination of said waste materials which due to their amount, toxicity, concentration or physical, chemical or infectious characteristics may:
(a) Cause of significantly contribute to an increase in mortality or an increase in serious and irreversible or disabling but reversible diseases.
(b) Represent substantial or potential danger to human health or to the environment when improperly handled, managed, treated, stored, transported or disposed.
[Any waste shall be considered as hazardous waste that is designated as such in Part 261, Number 40 of the Code of Federal Regulations and/or listed as such by Environmental Quality Board.]
(3) Generator.— Means any person, natural or juridical, whose acts or processes produce hazardous waste or whose actions cause, in the first instance, that dangerous waste be subject to the provisions of Act No. 9 of June 18, 1970, known as the “Environmental Public Policy Act”, and subject to the regulations governing the control of hazardous solid waste of the Environment Quality Board, or any person who manages those substances listed in Part 261, Number 40 of the Federal Regulations Code.
(4) Source.— Means any process or act which generates hazardous waste.
(5) Board.— Means the Environmental Quality Board.
(6) Hazardous waste management.— Means the systematic control of hazardous waste collection, separation at the source, storage, transportation, processing, treatment, recovery, reuse and disposal.
(7) Program.— Means the “Technical Assistance Program for Hazardous Waste Management”.
(8) Reduction at the source.— Means the elimination of waste at its source, usually during the production process, including procedure modifications, substitution of raw materials, improvement in the purity of raw materials, clean-up and management practices, increased efficiency of the machinery and recycling at the site, or any action which may reduce the amount or toxicity of the waste generated during the process.
(9) Authority.— Means the Solid Waste Authority.
History —Jan. 19, 1995, No. 10, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127B - Commonwealth Technical Assistance Program for Hazardous Waste Management (§§ 1321 — 1321m) › § 1321b - Establishment

The “Commonwealth Technical Assistance Program for Hazardous Waste Management” is hereby created in the Environmental Quality Board with the purpose of assisting hazardous waste generators to reduce the amounts, as well as the toxicity and the noxious effects to the health, said waste may cause.
History —Jan. 19, 1995, No. 10, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127B - Commonwealth Technical Assistance Program for Hazardous Waste Management (§§ 1321 — 1321m) › § 1321c - Functions of the Program

The Program shall include among its functions:
(1) Compile, organize and share information on the technology and procedures that may reduce or eliminate the generation of hazardous waste.
(2) Request the Evaluating Boards of the Engineers and Surveyors Association and of the Chemists Association and acknowledged specialists in Environmental Health and/or any other body that groups and regulates professionals in this field, that the Board may deem necessary, to obtain recommendations from bona fide and experienced consultants in technologies and procedures to eliminate or reduce hazardous waste. The Evaluating Boards, together with the Environmental Quality Board and the Solid Waste Authority shall develop guidelines to evaluate the qualifications of bona fide professionals in this field. Once these guidelines have been developed and approved, the Evaluating Boards shall submit to the Environmental Quality Board and the Solid Waste Authority a list of evaluated and qualified consultants. Once said process has been completed said list shall be distributed to the generators.
(3) Pursue research in the technologies and procedures available in the markets for reducing, reusing and recycling hazardous waste.
(4) Sponsor and offer specialized conferences and workshops in hazardous waste reduction techniques.
(5) Carry out field surveys in order to identify possible techniques that can be used in the reduction of hazardous waste and at the same time, help in performing internal audits at the hazardous waste generated.
(6) Identify the main industries that generate, store, give treatment to, or dispose of hazardous waste, for them to develop and submit their hazardous waste reduction plans.
(7) Develop and disseminate the recommended procedures for performing internal audits to the generators.
(8) Keep informed of the programs implemented in other states regarding the objectives of this chapter.
History —Jan. 19, 1995, No. 10, § 5.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127B - Commonwealth Technical Assistance Program for Hazardous Waste Management (§§ 1321 — 1321m) › § 1321d - Annual report

The Board, in conjunction with the Solid Waste Authority, shall render an annual report to the Governor and the Legislature on the Program no later than the first of January of each year. Said report shall include a detailed explanation of the achievements of the Program.
History —Jan. 19, 1995, No. 10, § 6.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127B - Commonwealth Technical Assistance Program for Hazardous Waste Management (§§ 1321 — 1321m) › § 1321e - Board’s responsibility

The Board shall be responsible for the effective operation of the Program and to that end shall provide the office space, equipment, technical and professional personnel and any other assistance or service deems necessary.
History —Jan. 19, 1995, No. 10, § 7.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127B - Commonwealth Technical Assistance Program for Hazardous Waste Management (§§ 1321 — 1321m) › § 1321f - Reduction of solid waste plan—Guidelines

The Board shall have approved the guidelines to be followed by the generators for the design and establishment of the hazardous waste reduction plan within six (6) months from the approval of this act. Said guidelines shall include the following provisions:
(a) The written management and administration policy of the generator endorsing the hazardous waste reduction plan to be prepared and the commitment to implement it.
(b) The scope and objectives of the hazardous waste reduction plan, including an evaluation of the technologies, procedures and personnel training programs to be developed in order to avoid the needless production of hazardous waste. In addition to the goals established in subsection (b) of § 1321g of this title, specific goals may be set for hazardous waste reduction based on the evaluation performed by the Environmental Quality Board as to what is technically and economically feasible.
(c) An internal analysis of the hazardous waste discharged by the companies, together with periodic evaluations that indicate the reduction achieved and thus identify those activities which still generate hazardous waste in order to reduce or eliminate it. The evaluation shall include information regarding the type, amount and toxicity of the waste generated, where and why they are generated within the production process and the potential techniques that may be implemented for the recycling and reduction of hazardous waste.
(d) A system for auditing waste which identifies the management and supervision costs.
(e) Develop employee training programs so that they may participate in the planning and implementation of methods for hazardous waste reduction.
(f) The establishment of technical and economically practical options for hazardous waste reduction, including an implementation plan.
History —Jan. 19, 1995, No. 10, § 8.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127B - Commonwealth Technical Assistance Program for Hazardous Waste Management (§§ 1321 — 1321m) › § 1321g - Reduction of solid waste plan—Design

Every generator shall design a hazardous waste reduction plan following the guidelines set by the Board, as well as an implementation plan. Said plan shall include a description of the options considered and an explanation of the reasons for the section of said options:
(a) As part of the implementation plan, a generator shall establish specific performance goals for hazardous waste reduction.
(b) The performance goals to be achieved as established in subsection (a) of this section shall be stated in numerical terms, should this be technically and economically feasible. Should it be impractical to set numerical performance goals, then a detailed list of the objectives designed shall be included in order to enforce them.
(c) An explanation must be given for the reasons taken into consideration to select the performance goals of said plan.
(1) The availability of technically practical hazardous waste reduction methods, including any future changes anticipated.
(2) Waste reduction methods implemented previously.
(3) The financial feasibility of the available hazardous waste reduction methods, including any future changes anticipated.
The reason for selecting a particular performance goal shall focus on any impediment to hazardous waste reduction, including, but not limited to the following:
(d) Generators shall render a semi-annual report on the progress of hazardous waste reduction. It shall:
(1) Analyze and qualify the progress achieved, if any, in hazardous waste reduction with regard to each performance goal set under subsection (c) of this section, and
(2) indicate amendments to the hazardous waste reduction plan and explain the need for said amendments.
History —Jan. 19, 1995, No. 10, § 9.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127B - Commonwealth Technical Assistance Program for Hazardous Waste Management (§§ 1321 — 1321m) › § 1321h - Reduction of solid waste plan—Generators

All fully regulated major generators shall complete a hazardous waste reduction plan within or before the term of three (3) years after the approval of this act, and minor generators, within or before the term of four (4) years after the approval of this act. Upon completion of a plan, the generator shall notify and remit a copy thereof to the Environmental Quality Board. The generator shall pay a filing fee for said plan, to be determined by the Board, which shall be used to cover part of the expenses related to the evaluation and handling of said document.
An installation required to complete a hazardous waste reduction plan within the terms established above, shall also include the following information:
(1) An explanation and the documents relative to the hazardous waste reduction efforts completed or in progress prior to the first date set to render a report, and
(2) an explanation and the documentation related to the obstacles to hazardous waste reduction, specific to the individual plant.
The Board shall establish the criteria for the classification of generators as major or minor, and shall take into consideration the information submitted after a review of the hazardous waste reduction plan.
History —Jan. 19, 1995, No. 10, § 10.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127B - Commonwealth Technical Assistance Program for Hazardous Waste Management (§§ 1321 — 1321m) › § 1321i - Reduction of solid waste plan—Revision by the Board

(a) The Board may revise the plan or the progress report to determine whether it is adequate according to the guidelines established in this chapter. Should a generator fail to complete an adequate plan or a progress report, the Board shall notify the user of the insufficiency, identifying specific deficiencies. The Board shall grant a term of ninety (90) days for the generator to submit a modified plan or progress report emphasizing the indicated deficiencies. The generator may request the Board to provide technical assistance to help modify its plan or progress report.
(b) Should the Board determine that a modified plan or progress report submitted pursuant to subsection (a) of this section is inadequate, it may, at its discretion, require additional modifications.
(c) Should the generator fail to develop an adequate plan or to submit a progress report within the term established in this chapter after receiving a list of the specific deficiencies identified by the Board, the later shall hold an administrative hearing regarding the plan or the progress report and may impose fines to be determined by the Board pursuant to Act No. 9 of June 18. 1970 and its regulations.
(d) On reviewing the effectiveness of any plan or progress report, the Board shall base its determination only on whether the plan or progress report is complete and prepared in accordance with this chapter.
(e) The Board shall maintain a register of each plan or progress report reviewed, a list of all those plans or progress reports found inadequate under subsection (c) of this section, and a description of the corrective measures taken. This information shall be available to the public at the offices of the Board.
History —Jan. 19, 1995, No. 10, § 11.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127B - Commonwealth Technical Assistance Program for Hazardous Waste Management (§§ 1321 — 1321m) › § 1321j - Semi-annual progress report

In its semi-annual progress report, the generator shall provide the Board with the following information:
(1) A description of the goals and the progress achieved in reducing the generation of hazardous waste.
(2) A description of any impediment that arose in trying to reduce the production of hazardous waste.
(3) The measures to be taken to eliminate said impediments.
History —Jan. 19, 1995, No. 10, § 12.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127B - Commonwealth Technical Assistance Program for Hazardous Waste Management (§§ 1321 — 1321m) › § 1321k - Technical assistance

The Board shall contract technical assistance to help in complying with the provisions of this chapter, subject to the available funds. This technical assistance shall emphasize the strategies to be used to stimulate hazardous waste reduction and provide assistance to the generators pursuant to this chapter.
History —Jan. 19, 1995, No. 10, § 13.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127B - Commonwealth Technical Assistance Program for Hazardous Waste Management (§§ 1321 — 1321m) › § 1321l - Soliciting of loan applications and subsidies

The Authority shall collaborate with the generators in the pursuit of loan applications and subsidies with the purpose of encouraging investments in equipment and technology for hazardous waste reduction.
History —Jan. 19, 1995, No. 10, § 14.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127B - Commonwealth Technical Assistance Program for Hazardous Waste Management (§§ 1321 — 1321m) › § 1321m - Financial assistance

The Authority shall provide financial assistance for academic institutions or private organizations provided funds are available, to carry out research regarding hazardous waste reduction, reuse and recycling.
History —Jan. 19, 1995, No. 10, § 15.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127D - Instalation of Low Water Flow (§§ 1323 — 1323a) › § 1323 - Sanitary equipment

It is hereby established that in all new construction works begun after July 1, 2001, the sanitary equipment installed in the restrooms of new buildings under construction must be of low water consumption; and that after the date previously mentioned, sanitary appliances already existing in facilities of the Puerto Rico Government, its agencies, municipalities and instrumentalities which must be replaced shall be substituted with those of low water consumption; and to determine that, the Regulations and Permits Administration shall implement the corresponding regulations for compliance with this chapter.
History —Sept. 2, 2000, No. 347, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127D - Instalation of Low Water Flow (§§ 1323 — 1323a) › § 1323a - Partial exemption

Those affected by the terms of § 1323 of this title, in what pertains to new buildings, may claim a partial exemption of thirty percent (30%) of the expense incurred in purchasing the sanitary equipment of low water consumption required by this chapter for the purpose of computing the municipal building tax indicated in § 4057 of Title 21, part of the act known as the “Autonomous Municipalities Act of 1991 of the Commonwealth of Puerto Rico”.
History —Sept. 2, 2000, No. 347, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127E - Highest Efficiency of Dumps and Sanitary Landfills (§§ 1324 — 1324c) › § 1324 - Public policy and prohibitions

It is hereby established as the public policy of the Government of Puerto Rico the conservation, maximum extension of useful life, and obtainment of the highest possible efficiency of all facilities for the handling and final disposal of solid wastes, through the prohibition of the handling and disposal of solid waste generated outside the jurisdiction of the Commonwealth of Puerto Rico in facilities and installations of the Government of Puerto Rico, its departments, agencies, instrumentalities, public corporations, municipalities, and any subdivisions thereof or Commonwealth, municipal or private entities.
History —Oct. 28, 2000, No. 424, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127E - Highest Efficiency of Dumps and Sanitary Landfills (§§ 1324 — 1324c) › § 1324a - Exceptions

This prohibition shall not allow for exceptions nor regulatory provisions, municipal ordinances, or contracts against it. However, for the purposes of this chapter, solid waste unloaded in Puerto Rico by cruise ships, airplanes, and any other type of maritime or aircraft in regular service transporting passengers or shipment into or from Puerto Rico and which have been generated incidentally due to said service and are unloaded in seaports or airports of Puerto Rico shall be deemed as generated within the jurisdiction of the Commonwealth of Puerto Rico, allowing its final disposition in dumps and sanitary landfills subject of this chapter.
History —Oct. 28, 2000, No. 424, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127E - Highest Efficiency of Dumps and Sanitary Landfills (§§ 1324 — 1324c) › § 1324b - Penalties

Any person who violates the provisions of this chapter shall incur in a misdemeanor and upon conviction, he/she shall be imposed a fine of five thousand dollars ($5,000).
History —Oct. 28, 2000, No. 424, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127E - Highest Efficiency of Dumps and Sanitary Landfills (§§ 1324 — 1324c) › § 1324c - Definition

For the purposes of this chapter, recycling materials defined by any law or regulation to such effects, which are transported into Puerto Rico specifically to the ends or purposes of being recycled or processed at recycling, treatment or processing facilities located on the Island shall not be deemed as solid waste.
History —Oct. 28, 2000, No. 424, § 4.