2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 8 - Environment II (§§ 8001 — 8162) › Chapter 501 - Environmental Public Policy (§§ 8001 — 8007f) › Subchapter IV - Environmental Emergencies (§§ 8004 — 8004o) › § 8004g - Environmental Emergency Fund—Use

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 chapter 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.
(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 § 8004e of this title, 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.
(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 chapter.
(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 §§ 1335–1335n of this title, and the regulations approved thereunder by the Board.
History —Sept. 22, 2004, No. 416, § 38, eff. 6 months after Sept. 22, 2004.