2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 128C - Provisions for Proper Management of Used Oil (§§ 1335 — 1335n) › § 1335n - Prohibitions

(1) No person shall:
(a) Discard, discharge, spill, pump, pour, empty or deposit used oil on land, in sanitary and stormwater sewers, drainage systems, septic tanks, surface water, ground water, streams or sea water.
(b) Collect, store, use, burn, or dispose of used oil without complying with the requirements established in the applicable laws and regulations or that otherwise jeopardizes public health and welfare.
(c) Discharge used oil in any dump of Puerto Rico unless he/she obtains a dispensation from the Board and there is no other disposal process that meets the requirements established in the applicable laws and regulations.
(d) Mix used oil with any other hazardous substance or waste that disqualifies it for recycling or for any other use.
(e) Use used oil to cover highways and roads, control dust, kill weeds or other similar uses that could be harmful to the environment.
(f) Transport used oil in quantities in excess of fifty-five (55) gallons on the roads of Puerto Rico without meeting with the requirements of this chapter and the applicable regulations.
(g) Discard used oil filters into the flow of municipal or commercial solid waste, nor shall cause the disposal thereof in any dump without complying with the permit required by the applicable regulations.
(h) Transport used oil in amounts greater than those determined by the Board; operate a used oil collection center; or operate a used oil storage, burning or processing facility without an operating permit issued by the Board.
(i) Submit false information to collect moneys from the Used Oil Collection and Management Fund when under the obligation to submit a manifest under this chapter.
(j) Sell at retail or change any lubricating oil if he/she does not have a collection center or is not participating in the operation of a community collection center, as established in § 1335d of this title.
(k) Import or manufacture lubricating oil if he/she does not have an importer’s or a manufacturer’s license issued by the Department of the Treasury with the endorsement of the Environmental Quality Board.
(2) Penalties.— Any person who violates any provision of this chapter shall be guilty of a misdemeanor and if found guilty, shall be imposed a fine of not less than five hundred dollars ($500) nor greater than five thousand dollars ($5,000) per violation, being it understood that each day that the violation persists shall be deemed as a separate violation. At the discretion of the court, a penalty of community service related to the handling of used oil may be imposed in addition to the above penalties.
The Environmental Quality Board is hereby authorized to impose a sanctions and administrative fines for violations to its regulations or to orders issued by that agency. The administrative fines shall not exceed twenty-five thousand dollars ($25,000) for each violation, it being understood that each a day that the violation persists shall be deemed as a separate violation. In case the Board determines that contempt has been incurred in the commission or continuation of acts for which an administrative fine has already been imposed, or in the commission or continuation of acts in violation to this chapter and its regulations or contempt in failing to comply with any order or resolution issued, the Board, in the exercise of its discretion, may impose an additional administrative fine of up to a maximum of fifty thousand dollars ($50,000) for any of the acts herein indicated. The procedures for the implementation of these fines shall be ruled by the provisions of the Uniform Administrative Procedures Act, §§ 2101 et seq. of Title 3.
Should the Environmental Quality Board take an administrative action against any person who violates this chapter and the regulations created hereunder, its primary jurisdiction shall prevail, and the General Court of Justice shall defer the original trying of the case to this forum.
Recurrence in the violations indicated heretofore or in those cases in which the violation causes serious damages to the environment, the Environmental Quality Board shall also refer the case to the Department of Justice for criminal prosecution, and the court may impose a fine not to be of less than ten thousand dollars ($10,000) or may be subject to a penalty of not less than one (1) year no greater than five (5) years, or both penalties, at the discretion of the court.
Defaulting or delinquency in the payment of the fine issued administratively or by the court within a period of thirty (30) days after the same is final and binding, shall be constituted into a lien for the total amount of the debt on any license issued by the Department of the Treasury and on the municipal license issued by the Government of Puerto Rico or the municipality to which the business corresponds, and said license may not be renewed by the debtor if he/she does not pay the fine or establishes a payment plan with the Environmental Quality Board or the Department of the Treasury if the fine was issued by the latter. The Department of the Treasury or the Board shall notify the municipality where the business or persons who have fines or penalties under this chapter for the corresponding action.
History —Aug. 31, 1996, No. 172, § 16; Aug. 29, 2000, No. 230, § 5; Dec. 26, 2006, No. 290, § 9, eff. Jan. 1, 2007.