2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1305 - Powers

Subject to the provisions of § 1306 of this title, the Authority is hereby empowered:
(a) As a corporation, to be endowed with perpetual succession.
(b) To adopt, alter, and use a corporate seal, which shall be judicially noticed.
(c) To adopt, amend, and repeal bylaws, to regulate its affairs and establish guidelines for the conduct of its business.
(d) To plan, finance, and operate throughout the Commonwealth of Puerto Rico services for the transfer, processing, recovery, and final disposal of solid waste for the use of municipalities and public and private agencies.
(e) To have complete control over and supervise any of the solid waste facilities, and the transfer stations owned, operated, constructed or acquired by the Authority under this chapter, including the limiting and control of the use of such facilities, and the construction materials, and the construction, maintenance, repair, and operation thereof.
(f) To prepare or provide for the preparation of plans, designs, cost estimates for the construction, expansion, improvement, enlargement or repair of any solid waste facilities or part thereof, and to modify such plans, designs and estimates.
(g) Designate the Solid Waste Management Regions in the Commonwealth, pursuant to a Regional Solid Waste Management Plan, each with the necessary transfer, processing, recovery, and final disposal facilities. The Authority may reorganize or restructure the regions or subregions as needed to maintain the processing and final disposal of solid waste operations in an economical and environmentally safe manner. Any person, as defined in this chapter, shall adhere to said plan which is an integral part of the public policy.
(h) Provide and operate the sites and facilities for the processing, recovery, final disposal or storage of hazardous solid waste, at its discretion.
(i) To establish a program, and the facilities for the control of locations and procedures to discard, collect, store, dispose of and sell junk and any other recovered material such as metal, glass, paper, etc.
(j) To adopt, amend and repeal regulations and procedures for the users of the Authority’s facilities and services.
(k) To sue and be sued, to plead and defend in all courts of justice and administrative bodies.
(l) To enter into contracts for the acquisition or sale of goods or services, or, with private enterprises, to operate solid waste facilities in behalf of the Authority or with all the municipalities of the Commonwealth of Puerto Rico, to receive or to collect solid waste therefrom, or those collected by private firms, and to execute any documents or instruments necessary or convenient in the exercise of its powers.
(m) To acquire any property or interest therein in any legal manner, including, but without being limited to, the purchase of property whether through agreement, condemnation of private property, or through lease, mandate, legacy, or donation, and to possess, preserve, use and exploit said property or interest therein.
(n) To determine, fix, impose and alter rates or other terms and conditions for the services of public and private facilities for the collection, processing, recovery, final disposition or storing of solid waste in Puerto Rico; and charge the public and private users fair and reasonable rates and charges for the facilities and services operated by the Authority.
(o) To employ such experts and employees as may be required to perform its duties under this chapter. The Authority may also contract consultants as may be necessary to carry out its functions hereunder.
(p) To borrow money for any of its corporate purposes, and to issue Authority bonds in evidence of such obligations, and to secure payment of such bonds and the interest thereon by pledge or any other lien on all its properties, revenues or earnings and, subject to the provisions of § 8, Article VI of the Constitution of Puerto Rico, to pledge the payment of said bonds and interest thereon, the proceeds from any taxes, or any other funds that may be made available to the Authority by the Commonwealth of Puerto Rico.
(q) To issue bonds for the purpose of consolidating, refunding, purchasing, paying or retaining any of the bonds or obligations already issued.
(r) To accept, receive and administrate donations, loans or funds from public, semi-public or private entities and to execute contracts, leases, agreements and other transactions with any agency or department of the United States of America, of any state, of the Commonwealth of Puerto Rico or any political subdivision thereof, or private entities, and invest the proceeds of such donations, loans or funds for any of its corporate purposes.
(s) To sell, lease or in any other way to dispose of any personal or real property of the Authority, or any interest thereon which, in its judgment, is no longer needed to achieve the Authority’s objectives and the purposes of this chapter.
(t) To enter, with the previous authorization of the owners, holders or representatives, any land, body of water, or property, for the purpose of measuring, sounding, or conducting studies pursuant to this chapter. If the owners, holders, or their representatives should refuse to grant permission to enter the land, body of water or property for the stated purposes, any judge of a court of first instance, upon being presented an affidavit indicating the Authority’s intention of entering said land, body of water or property for the stated purposes, shall issue an order authorizing any Authority official or employee to enter such land, body of water or property described in the affidavit, for the purposes stated therein. In the event the owners, holders or known representatives cannot be located, the Authority, through its officials or employees, may enter without permission.
(u) To perform all required and advisable acts or things, in order to carry out the powers vested in the Authority by this chapter or any other act enacted by the Legislature of Puerto Rico; Provided, however, That neither the Commonwealth of Puerto Rico nor any of its political subdivisions shall be responsible for the payment of the principal or interest of any of the bonds issued by the Authority; and such principal and interest shall only be payable from Authority funds pledged or encumbered for such purpose, according to subsection (r) of this section.
(v) To adopt, promulgate, amend and repeal such rules and regulations as may be necessary or pertinent to fulfill its duties and powers, in accordance with this chapter, including those rules and regulations authorizing the management of solid waste facilities in municipalities or in other final disposal areas, which shall be available to the Authority.
(w) To construct or reconstruct any solid waste facility or part thereof, and any additions, enlargements, improvements or expansions to any solid waste facility of the Authority, by contract or contracts or under the direction, or through, or by means of its own officials, agents or employees.
(x) To request, accept, and obtain the cooperation and the technical and financial assistance of federal agencies (according to the provisions of the Solid Waste Disposal Act, “Federal Resource Conservation and Recovery Act” and the “Federal Water Pollution Act”, as amended, and any other Federal Act approved to such effects) and of Commonwealth or municipal agencies, as well as of industries and other private entities to carry out the purposes of this chapter.
(y) Establish, by regulation, the requirements that in its judgment are needed for the control of public or private operations for the collection, transfer, processing, recovery and final disposal of solid waste, including hazardous waste, in harmony with the norms, rules and requirements established by the Environmental Quality Board and the Environmental Protection Agency (E.P.A.).
(z) Adopt rules and regulations to establish a permit and licensing mechanism to control the operations for the collection, transfer, processing and recovery of solid and hazardous waste, in harmony with the norms, rules and requirements established by the Environmental Quality Board and the Environmental Protection Agency (E.P.A.).
(aa) To prepare and develop projects and programs for the disposal of solid waste.
(bb) To adopt rules and regulations and issue orders establishing the operating standards in harmony with the Integral Plan for Puerto Rico for the recovery, use, storage, collection, separation, compacting, processing and final disposal of solid and hazardous waste, in harmony with the norms, rules and requirements established by the Environmental Quality Board and the Environmental Protection Agency (E.P.A.).
(cc) To carry out the reasonable and needed planning and public policy development functions related to the handling and disposal of solid waste in Puerto Rico.
(dd) To provide services of solid waste collection services at the Authority’s discretion.
(ee) Exercise its powers to require, direct, control and enforce the flow of solid waste and the delivery thereof to designated disposal facilities; it may delegate the power on a municipality to require, direct, control and enforce the flow of waste and the delivery thereof to designated disposal facilities; or may concurrently exercise the power with any municipality to require, direct, control and enforce the flow of waste and the delivery thereof to designated disposal facilities.
(ff) To require any person or entity subject to its jurisdiction to file before it the reports and carry out inspections or investigations needed to achieve the purposes of this chapter.
(gg) To establish agreements to partially or totally delegate to the municipalities the power to manage, require, direct, control and enforce the delivery of the flow of solid waste to specific solid waste handling and disposal facilities as established in § 1311 of this title.
(hh) To issue orders to do or not do, cease and desist and prescribe the corrective terms and conditions to take such preventive control measures which are necessary to achieve the purposes of this chapter.
(ii) To hold, at its discretion, public hearings with regard to any of the matters related to the implementation and administration of this chapter. It may compel the appearance of witnesses and presentation of documents and the admission or rejection of evidence in these endeavors.
(jj) The Authority is empowered to impose sanctions and administrative fines for violations of this chapter and the orders, rules and regulations issued and approved by the Authority under this chapter. The administrative fines shall not exceed twenty-five thousand dollars ($25,000) for each violation, it being understood that each day that the violation subsists shall be deemed as a separate violation. The Authority may also impose to [on] violators as an additional penalty the compulsory attendance to [at] courses or workshops prepared, organized or approved by the Authority whose participation shall be subject to regulations for the purpose of protecting and improving environmental conditions, particularly all matters relative to the management of solid waste in the Commonwealth of Puerto Rico. In the event that the Authority determines that there has been contumacy in the commission or continuation of acts for which an administrative fine has already been imposed in violation of this chapter and its regulations, or contumacy in noncompliance of any order or resolution issued by the Authority, it may, in the exercise of its discretion impose an additional administrative fine of up to a maximum of fifty thousand dollars ($50,000) for any act indicated herein.
(kk) None of the faculties granted to the Authority herein shall repeal, conflict or duplicate the powers and faculties granted to the Environmental Quality Board through Act No. 9 of June 18. 1970. Both agencies shall coordinate prior to the promulgation of their respective regulations so that they comply with this mandate and avoid any jurisdictional incompatibility.
(ll) To acquire, possess, encumber, alienate, and dispose of common and/or preferred stock and certificates with the right to acquire stock or shares (with or without preference) in partnerships, joint ventures or corporations and any other securities, as defined by the Uniform Securities Act, §§ 851 et seq. of Title 10, issued by businesses that provide solid waste collection, reduction, transportation, processing, recovery, and final disposal services and/or businesses engaged in the collection, processing, recovery and/or marketing of recyclable and/or recycled materials and/or businesses engaged in the construction, or operation of any of the above, located in, or authorized to do business in Puerto Rico and to exercise each and every one of the powers and rights related thereto. This faculty does not limit the Authority’s faculty to invest established in subsection (nn) of this section. Within one hundred-eighty (180) days following the approval of this act, the Authority shall adopt regulations that provide safeguards and criteria for a sound investment pursuant to the norm of a prudent and reasonable institution, so that the public monies and funds to be invested shall promote and advance the environmental public policy. The regulations shall include the investment criteria and the form and manner of carrying out the investments so that the Authority can ensure that the enunciated public policy is promoted through investments whose risk is prudent and reasonable in keeping with the economic situation of the Island, and the present environmental condition. The regulations shall also include a procedure for the delegation to the Authority of all granting of permits, authorizations, endorsements and the control and supervision of the businesses in general in which the Authority decides to invest and thus prevent the possible existence of conflicts of interest.
(mm) To participate in common enterprises with, and purchase and sell goods produced or distributed by businesses engaged in providing solid waste transportation, processing, recovery and final disposal services, and/or businesses engaged in the construction and operation of solid waste reduction and recycling installations.
(nn) To invest its funds primarily in obligations of the Commonwealth of Puerto Rico, or in obligations whose principal as well as interest is secured by the Commonwealth of Puerto Rico; or in obligations of any agency, dependency, commission, authority, municipality or other political subdivisions of the Commonwealth of Puerto Rico; or in direct obligations of the United States or in obligations whose principal as well as interest is secured by the United States, or in obligations of any agency, dependency, commission, authority or other political subdivisions of the United States; or in obligations issued by domestic or foreign public or private corporate institutions rated by a credit rating agency nationally recognized in the United States, in one of its three (3) highest generic scales. The Authority may also invest its funds in banker’s acceptances or certificates of deposit endorsed or issued, as the case may be, by banks organized under the laws of Puerto Rico or of the United States of America; or any foreign bank with proven financial solvency authorized to do business in Puerto Rico or the United States of America. This faculty shall not limit the power to invest established in subsection (ll) of this section.
History —June 23, 1978, No. 70, p. 222, § 5; Aug. 16, 1989, No. 64, p. 267, § 2; Aug. 22, 1990, No. 59, p. 235, § 1; Aug. 23, 1990, No. 60, p. 239, § 6; Jan. 20, 1995, No. 15, § 2; July 13, 2007, No. 68, § 3, eff. 6 months after July 13, 2007.