reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127F - Recyclable Material Recovery Areas (§§ 1324d — 1324h) › § 1324d - Purpose

To provide that in every new public or private housing complex, apartment and/or residence, construction project that is begun or developed after July 1, 2003, an area for recyclable material be designated, so that companies engaged in the transportation of this material to the processing and/or storage facilities, may collect them in the designated areas.
Different containers shall be placed in these areas which shall be provided by the company contracted for the service of collecting and transporting the recyclable materials, in which the residents of the housing complex shall place said materials, selectively, in each container, as they are identified according to the material to be recycled. Among the materials to be recycled, without limiting the recovery to them, are: glass, plastic, paper, cardboard and aluminum, unless there is a legal prohibition for the recovery of certain material by these means, such as used oil and discarded tires among others.
History —May 10, 2002, No. 61, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127F - Recyclable Material Recovery Areas (§§ 1324d — 1324h) › § 1324e - Designated area for recyclable material

The architect or engineer contracted by the developer to design the housing complex shall designate the area for the recovery of recyclable material, pursuant to the needs the number of units of each complex.
History —May 10, 2002, No. 61, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127F - Recyclable Material Recovery Areas (§§ 1324d — 1324h) › § 1324f - Access

The companies engaged in the transportation of these materials to the storage and/or processing facilities, may collect them in the areas destined therefor in the different housing complexes to which the provisions of this chapter.
In the housing complexes that have controlled access, carriers shall be allowed to enter, provided they are identified and a collection agreement has been executed between the enterprise engaged in the transportation of recyclable materials and the residents, represented by the Titleholders Council and that the hour and date of the collection of recyclable materials have been previously fixed.
In the event the housing complex is subject to the Horizontal Property Act, §§ 1291 et seq. of Title 31, its provisions shall prevail, especially regarding the selection of the companies that transport recyclable materials. In this case the area designated for the recovery of recyclable material shall be considered as a general common element, since the same shall be located in the area of the housing complex.
The developer, as part of the design and construction process of the housing complex, shall provide the needed infrastructure so that the vehicles of the transporters can have adequate access from the public roads to the recyclable material collection area. The developer shall indicate this on the construction blueprint presented to the agencies concerned.
History —May 10, 2002, No. 61, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127F - Recyclable Material Recovery Areas (§§ 1324d — 1324h) › § 1324g - Regulations

The Permit Management Office, in coordination with the Environmental Quality Board and the Solid Waste Management Administration of the Commonwealth of Puerto Rico, is hereby empowered to adopt, by regulations, the provisions regarding the measurements of the area to be designated, taking into consideration the number of housing units to be built, as well as the estimated number of residents per housing unit, and the total number of persons in the construction project. The construction plans shall also contain the area designated for the recovery of recyclable material as an indispensable condition for the granting of the construction permits. Likewise, the construction permit shall be conditioned to the compliance of the provisions of the last paragraph of § 1324d of this title, in the construction plan.
History —May 10, 2002, No. 61, § 5.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127F - Recyclable Material Recovery Areas (§§ 1324d — 1324h) › § 1324h - Penalities

Every natural or juridical person, engineer, architect, and/or developer of housing complexes construction works, whether apartments and/or residences, who violates the provisions of this chapter shall be penalized administratively by the Permit Management Office with a fine of five thousand dollars ($5,000) for the first infraction, and up to ten thousand dollars ($10,000) for subsequent infractions.
History —May 10, 2002, No. 61, § 6.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 128A - Chlorofluorocarbons (CFC’s) › § 1330 - Definitions

For the purposes of this chapter, the following terms shall have the meaning stated below:
(1) Environmental Quality Board.— Means the government entity on which the implementation of the public policy for the protection of the Puerto Rican environment and that of the islands within its jurisdiction is delegated.
(2) Refrigerants.— Means any chemical compound that contains chlorofluorocarbons (CFC’s), hydroflourinecarbons, halogens, tetrachlorocarbons, dichlorodifluoro- methane, trichlorofluoromethane, monochlorpentafluoromethane and any other substance, chemical or organic compound of any nature or brand that has a reducing effect on the ozone layer.
(3) Refrigeration and air conditioning technicians.— Means any person licensed to practice the profession of refrigeration and air conditioning technician in the Commonwealth of Puerto Rico pursuant to §§ 2051 et seq. of Title 20, and associated with all dues paid up to date.
History —Aug. 5, 1993, No. 53, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 128A - Chlorofluorocarbons (CFC’s) › § 1330a - Sale limit

The sales of CFC’s shall be subject to the controls established by the Environmental Quality Board to such effects and shall be limited to the refrigeration and air conditioning technicians of Puerto Rico as defined in § 1330 of this title.
History —Aug. 5, 1993, No. 53, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 128A - Chlorofluorocarbons (CFC’s) › § 1330b - Systems installation; inspection

The installation of mobile and industrial unit refrigeration and air conditioning systems that require chlorofluorocarbons (CFC’s) shall be done by refrigeration and air conditioning technicians as defined in §§ 1330 of this title.
The Association of Refrigeration and Air Conditioning Technicians of Puerto Rico is hereby empowered to organize and implement a system of inspectors to enforce compliance of the provisions of this chapter and oversee the legal practice of the technique through the supervision of persons who perform air conditioning and refrigeration equipment repair work in mobile and industrial units. The inspectors of the Association of Refrigeration and Air Conditioning Technicians of Puerto Rico, any member of the Examining Board of Refrigeration and Air Conditioning Technicians of Puerto Rico, the Commonwealth Police, the Secretary of Labor and Human Resources and the employees or officials authorized by him/her, are hereby authorized to enter construction projects, business and industrial locations, workshops or any other place where air conditioning equipment is being installed or repaired to investigate, inspect or pose questions on their compliance with this chapter.
History —Aug. 5, 1993, No. 53, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 128A - Chlorofluorocarbons (CFC’s) › § 1330c - Regulations

The Environmental Quality Board is hereby directed to adopt the necessary regulations to carry out the purposes of this chapter.
History —Aug. 5, 1993, No. 53, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 128A - Chlorofluorocarbons (CFC’s) › § 1330d - Applicable penalties

The penalties provided by Act No. 9 of June 18. 1970, shall be applicable to the violations of the regulations adopted by the Environmental Quality Board under this chapter. Likewise, those legal and regulatory provisions in effect to the illegal practice of the profession of refrigeration and air conditioning technicians and the penalties and sanctions contained therein shall also apply.
History —Aug. 5, 1993, No. 53, § 5.
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) › § 1335a - Environmental Quality Board

The Environmental Quality Board shall:
(1) Classify the used oil as a special waste and regulate its management in Puerto Rico, developing the requirements deemed necessary to protect the environment and the public health.
(2) Adopt, within the first six months after the approval of this act, the federal standards for the management of used oil, as a minimum.
(3) Promulgate regulations requiring that the records deemed necessary for the control of the disposal, burning, recycling or refining of used oil in Puerto Rico are kept. Said regulations shall be in harmony with the applicable federal regulations and drafted on or before six (6) months from the approval of this act.
History —Aug. 31, 1996, No. 172, § 3, eff. 6 months after Aug. 31, 1996.
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) › § 1335b - Solid Waste Authority

The Solid Waste Authority shall:
(1) Develop an educational program to provide guidance on the importance of the proper disposal of used oil.
(2) Provide technical assistance to any person who, as a requirement of this chapter or voluntarily, establishes a used oil collection center and promote the establishment of said centers.
History —Aug. 31, 1996, No. 172, § 4, eff. 6 months after Aug. 31, 1996.
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) › § 1335e - Requirement to post sign

(1) All persons engaged in selling lubricating or other similar oils shall post a permanent sign, no later than six (6) months after the promulgation of this act, which is visible to the public and legible from outside the establishment at a minimum distance of twenty-five (25) feet, and measuring at least eleven (11) inches by fifteen (15) inches in letters at least one inch containing the following or similar text:
“WE ACCEPT USED OIL NOT MIXED WITH ANY OTHER SUBSTANCE FREE OF CHARGE FOR RECYCLlNG/REUSE”.
(2) All lubricating oil retailers, not later than six (6) months following the promulgation of this act, shall post a permanent sign in their establishment which is visible to the public and legible from outside, indicating that they have a collection center or that they participate, after so agreed, in a community collection center, and shall indicate the location of the center.
History —Aug. 31, 1996, No. 172, § 7; Dec. 26, 2006, No. 290, § 3, eff. Jan. 1, 2007.
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) › § 1335h - Rates for used oil management

The Authority, pursuant to § 1305(n) of this title, known as part of the Puerto Rico Solid Waste Authority Act, and its regulations, may establish maximum limits in the rates for the management, transportation, disposal and recycling of used oil as well as the revision thereof. For said tariffs, a determination of costs based on the experience of the local industry shall be taken into consideration, among other matters for said rates.
History —Aug. 31, 1996, No. 172, § 10, eff. 6 months after Aug. 31, 1996.
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) › § 1335l - Purchase preference

(1) All government agencies or instrumentalities shall require the purchase of the same lubricating oil that contains the highest percentage of oil that has been recycled or refined, preferably in Puerto Rico, and available in the market, unless said product:
(a) Cannot be acquired in a reasonable period of time or in the quantities needed to satisfy the needs of the government agency or instrumentality.
(b) Does not meet with the standards recommended by the manufacturer of the equipment that shall use the oil, such as the American Petroleum Institute (API), including guarantee requirements.
(c) Is only available at a cost greater than 10% over the cost of comparable lubricating oil. This increase in cost or preference in price shall expire ten (10) years from the effective date of this act.
History —Aug. 31, 1996, No. 172, § 14, eff. 6 months after Aug. 31, 1996.
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) › § 1335m - Special requirement

(1) On or before six (6) months from the approval of this act, the Electric Power Authority (AEE, Spanish acronym) together with the Environmental Quality Board and the Solid Waste Authority shall establish a pilot program for an 18-month period using the used oil generated in Puerto Rico, in the facilities of the AEE, to recover energy in compliance with the norms and regulations established by the regulating agencies. Its purpose shall be, among others, to determine its viability, cost-effectiveness, limitations and possible difficulties of the method employed.
(2) The Authority, in coordination with the Environmental Quality Board and the AEE shall prepare a report to the Legislature based on the experience of the pilot project, its compliance with environmental standards and the results thereof, and shall make recommendations for its final implementation islandwide.
History —Aug. 31, 1996, No. 172, § 15, eff. 6 months after Aug. 31, 1996.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 128D - Regulated Biomedical Waste Management Act (§§ 1336 — 1336h) › § 1336a - Biomedical Waste Management Program

The Board shall continue to implement the existing biomedical waste management program, pursuant to the provisions of this chapter.
History —Aug. 6, 2008, No. 180, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 128D - Regulated Biomedical Waste Management Act (§§ 1336 — 1336h) › § 1336b - Board—Powers and responsibilities

The Board shall have the following powers and responsibilities:
(a) Amend the pertinent regulations in order to adapt them to the provisions of this chapter.
(b) Hold hearings on the issues covered by this chapter, and compel the appearance of witnesses and present evidence.
(c) Issue the orders that it may deem necessary to achieve the purposes of this chapter, and ensure compliance through administrative or judicial proceedings.
(d) Request, collect and disclose information on the management, treatment, transportation, and disposal of biomedical waste.
History —Aug. 6, 2008, No. 180, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 128D - Regulated Biomedical Waste Management Act (§§ 1336 — 1336h) › § 1336c - Regulations

The Board is responsible for keeping the regulations in effect updated which, in addition to the establishment of the Biomedical Waste Management Program, shall provide for the following:
(a) The responsibilities of the biomedical waste generators in Puerto Rico, as well as of those who import biomedical waste into our jurisdiction. It shall specify the events in which the generator is not bound to use the services of a carrier authorized by the Board and when it is not bound to fill out a manifest. It shall provide for the obligation to have a biomedical waste management plan within the facility, and for the obtainment of the corresponding permits. Lastly, it shall provide for the training program for employees that manage biomedical waste.
(b) The pre-transport responsibilities of the biomedical waste generator or intermediate manager, including the requirements of waste segregation, packaging, labeling, storage, and reuse of containers.
(c) The responsibilities of the carriers, including the obtainment of permits to transport biomedical waste. It shall provide for the conditions to accept biomedical waste for transportation. It shall also specify the requirements of the vehicles to be used to transport the biomedical waste, the transportation requirements and the responsibilities of the carriers, especially in the event of accidents and spills.
(d) The content and form of the manifest that every generator, carrier, intermediate manager or final disposal facility that stores, separates, collects, transports, treats, recovers or disposes of biomedical waste in Puerto Rico shall have at all times. In the event that it is only necessary to keep a logbook, the Board shall provide for the content of the same. Likewise, this regulation shall provide for the obligations of the generator, carrier, intermediate manager or final disposal facility, as well as for everything related to the exception reports.
(e) Which documents, regarding the use and management of biomedical waste, shall be kept by a biomedical waste generator, carrier, intermediate manager or final disposal facility.
History —Aug. 6, 2008, No. 180, § 5.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 128D - Regulated Biomedical Waste Management Act (§§ 1336 — 1336h) › § 1336e - Orders

(a) When the Board has sufficient evidence to conclude that the provisions of this chapter or its regulations have been violated or are being violated, it may:
(1) Issue an order:
(A) Imposing an administrative fine for each violation; or
(B) requiring immediate compliance with this chapter or with its regulations; or
(C) both, or
(2) appear before the Court of First Instance with competence to seek the corresponding recourse, including a permanent or preliminary or provisional injunction. Any judgment pronounced pursuant to the provisions of this chapter shall specifically indicate the nature of the violation(s) incurred.
(b) Notwithstanding the provisions of subsection (a)(1) of this section, if the Board understands that there is a specific condition of contamination or that a generator, storage deposit, carrier or provider of treatment and final disposal of hazardous biological waste poses an imminent danger to public health or to the environment’s safety, it may issue an order to immediately discontinue the generation of such waste. With this order, the Board shall notify all persons concerned of the holding of a hearing, which shall be conducted not later than forty-eight (48) hours following the issue of the order. Immediately after the hearing is held, the Board shall confirm, modify or render ineffective the order so issued.
(c) When the Board issues an order that includes an administrative fine, pursuant to the provisions of subsection (a) of this section, such fine may not be greater than twenty-five thousand dollars ($25,000) for each violation.
(d) When the Board issues an order to require compliance with the provisions of this chapter or of its regulations, within the term specified in the order, and if the violator does not take corrective measures within the specified period, the Board may impose an administrative fine that may not exceed the amount of twenty-five thousand dollars ($25,000) for each day extended beyond the period established in such order.
(e) The Board shall charge for services rendered or the personnel used as a consequence of the violation of the norms and regulations related to this chapter, regardless of the administrative fine provided in subsection (d) of this section.
History —Aug. 6, 2008, No. 180, § 7.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 128D - Regulated Biomedical Waste Management Act (§§ 1336 — 1336h) › § 1336f - Public hearings

(a) Any person affected by a Board’s order may request the holding of a hearing within fifteen (15) days following the notice of the order. Such a hearing shall be held during the thirty (30) days following the receipt of the request.
(b) The Board may hold a hearing for the alleged violator of any of the provisions of this chapter or of its regulations to appear before the Board so he/she may answer to the charged violations. Such a hearing shall be held at any time before the order issued becomes effective.
(c) Upon the holding of a hearing, pursuant to the provisions of subsections (a) and (b) of this section, the Board shall confirm, modify or render ineffective the previously issued order.
(d) None of the provisions of this section shall be deemed applicable to the specific case detailed in subsection (b) of § 1336e of this title.
History —Aug. 6, 2008, No. 180, § 8.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 128D - Regulated Biomedical Waste Management Act (§§ 1336 — 1336h) › § 1336g - Judicial review

Any person who is adversely affected by a determination of the Board, pursuant to the provisions of this chapter, may request reconsideration within a term of twenty (20) days starting as of the date the notice of the determination was filed in the records. Such a request for reconsideration shall be made in writing and shall explain the grounds for the same. The Environmental Quality Board shall review the request within the first fifteen (15) days after it was presented. If the request was rejected outright or if no action was taken within fifteen (15) days, the term of thirty (30) days to request judicial review shall start to count again as of the notice of such rejection or as of the expiration of these fifteen (15) days, as the case may be. If any determination is to be taken in considering such request, the term to request a review before the Circuit Court of Appeals shall start to count as of the date in which a copy of the notice of resolution was filed in the records.
History —Aug. 6, 2008, No. 180, § 9.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 128D - Regulated Biomedical Waste Management Act (§§ 1336 — 1336h) › § 1336h - Penalties

All natural or juridical persons who violate the provisions of this chapter or the regulations promulgated thereunder shall incur a felony and, if convicted, shall be punished by imprisonment for a fixed term of three (3) years. In the event of aggravating circumstances, the fixed penalty shall be increased to a maximum of up to five (5) years. In the event of extenuating circumstances, the penalty may be reduced to a minimum of two (2) years. The court, in its discretion, may impose a fixed imprisonment penalty established or a fine of up to fifty thousand dollars ($50,000) for each day of violation, or both punishments.
History —Aug. 6, 2008, No. 180, § 10.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 128E - Residential and Commercial Used Oil and Grease Recycling Program Act (§§ 1337 — 1337b) › § 1337 - Definitions

For the purposes of this chapter, the following words and phrases shall have the meaning stated below:
(a) Used oil and grease.— Shall mean any liquefied grease or oil obtained from different substances, which has been used to prepare food intended for human consumption.
(b) Authority.— Shall mean the Solid Waste Authority.
(c) Customers.— Shall mean consumer(s), citizen(s), business(es), restaurant(s), municipality(ies), hospital(s), supermarket(s), grocery store(s), and any other commercial establishment, entity, or private company that collects and delivers or recycles used oil and/or grease for recycling.
History —Aug. 25, 2012, No. 212, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 128E - Residential and Commercial Used Oil and Grease Recycling Program Act (§§ 1337 — 1337b) › § 1337a - Establishment; regulations; agreements

The Solid Waste Authority is hereby directed to establish a “Residential and Commercial Used Oil and Grease Collection, Disposal and Recycling Program”, which regulates and provides for the collection of oil and greases used in the preparation of food, and that shall be complementary to other existing programs. Provided, That it shall approve the necessary mechanisms and regulations to enforce the provisions of this chapter. Furthermore, the Authority is hereby authorized to enter into agreements with the municipalities to establish used oil and grease collection and recycling centers, and also to form partnerships with nonprofit entities that wish to facilitate the operations of these centers to protect the environment.
History —Aug. 25, 2012, No. 212, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 128E - Residential and Commercial Used Oil and Grease Recycling Program Act (§§ 1337 — 1337b) › § 1337b - Financial incentives

All those that comply with the requirements and criteria established by the Waste Management Authority for the operation of the Residential and Commercial Used Oil and Grease Collection, Disposal, and Recycling Program, and with the parameters provided in § 1320p of this title, known as the “Puerto Rico Solid Waste Reduction and Recycling Act”, shall enjoy the different financial incentives granted under said section.
History —Aug. 25, 2012, No. 212, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130A - Navigation and Aquatic Safety (§§ 1401 — 1411) › § 1402 - Powers of the Department

The Department of Natural and Environmental Resources is hereby vested with the powers and prerogatives to adopt, promulgate and enforce those rules and regulations that are needed for the adequate execution and administration of this chapter and the implementation of the public policy established hereby. These powers and prerogatives shall be executed by means of the regulations and supervisory action conferred upon the Office of the Commissioner of Navigation.
History —Dec. 21, 2000, No. 430, § 5, eff. Jan. 1, 2001.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130A - Navigation and Aquatic Safety (§§ 1401 — 1411) › § 1403 - Functions and duties of the Commissioner

The functions and duties of the Commissioner of Navigation are the following:
(1) Shall be a person of recognized moral probity with knowledge and experience in navigation and all that is related to aquatic and marine safety standards.
(2) Shall hold office at the Secretary’s volition and may avail himself of the benefits of §§ 761 et seq. of Title 3, that establish the Retirement System for Employees of the Government of Puerto Rico and its Instrumentalities, and those of §§ 862 et seq. of Title 3, that create the Puerto Rico Commonwealth Employees Savings and Loan Fund.
(3) Shall comply with the duties and responsibilities delegated on him by the Secretary, among which are the following:
(a) Submit the regulations needed for the implementation of this chapter for the approval of the Secretary.
(b) Establish a marine and aquatic safety program that provides for the training and education of operators of boats, ships, or vessels and of the citizenry in general, among others, on the provisions of this chapter, and on the safety measures that shall be observed in the bodies of water, beaches, and surrounding areas.
(c) Keep a certification, registration and numbering system of boats, ships and vessels.
(d) Coordinate preventive vigilance programs and plans with the Puerto Rico Police, the Natural Resources Rangers Corps, the Coast Guard Service, the Ports Authority and the Municipal Guard of the corresponding municipality.
(e) Maintain a system of buoys or any floating marker delimiting the areas designated as reserved for bathers, and the protection of natural or endangered resources.
History —Dec. 21, 2000, No. 430, § 6, eff. Jan. 1, 2001.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130A - Navigation and Aquatic Safety (§§ 1401 — 1411) › § 1405 - Obligations in the event of accidents

(1) The operator of a boat or ship involved in a collision, accident, or other emergency, shall give the persons thus affected the help and assistance that is prudent and necessary to save them, or minimize any danger caused by the collision, accident or emergency whenever it is possible, without gravely endangering his/her own means of transportation, crew or passengers. He/she shall also give his/her name, address, license number or identification of the boat or ship to any injured person and the owner of any property thus affected.
(2) In the case of a collision, accident or other misadventure in which a boat or other ship is involved and a person has died or been injured, or when damage to property has been caused in excess of one hundred dollars ($100), the operator or owner shall inform it to the closest Commonwealth or municipal police station or the Ranger Corps headquarters, in the event a police officer is not present. In the cases where deaths or injuries occur, the operator or owner shall report said death or injury within the next twelve (12) hours. In the case of property damage in excess of one hundred dollars ($100), the operator or owner shall inform it within forty-eight hours after it occurs. He/she shall also render a written report of the accident or collision to the Department.
(3) Any person who violates the provisions of this section shall incur a misdemeanor. The Department shall be empowered to impose an administrative fine of fifty dollars ($50) for failing to comply with the requirement of reporting the same.
History —Dec. 21, 2000, No. 430, § 8; Sept. 14, 2004, No. 283, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130A - Navigation and Aquatic Safety (§§ 1401 — 1411) › § 1407 - Administrative fines

(1) The Secretary is empowered to establish and impose administrative fines, through regulations, for infractions of this chapter, in those cases in which an administrative fine has not been established previously, or the infraction is deemed a crime. Thus, he/she is empowered to impose administrative fines for infractions to the provisions of the regulations approved under this chapter. Provided, That the administrative fines to be imposed by the Secretary shall not exceed five thousand dollars ($5,000) per incident.
The administrative fines imposed by the Secretary as a result of an adjudicative procedure shall be paid in the Department to the authorized collector or cashier, by check, money order or any other method, drawn to the order of the Secretary of the Treasury, that is accepted by the Department of the Treasury. The administrative fines imposed as a result of a fine, shall be paid in any Internal Revenue Collection Office.
(2) The Secretary shall determine which infractions are to be imposed by the issuing of tickets, empowering the police officers to issue the same.
(3) Every administrative fine imposed for violations to the provisions of this chapter or its regulations shall be covered into the Special Fund established in § 1411 of this title. When the operator or user of a vessel or ship, or navigation vehicle incurs an infraction for which an administrative fine is established, and as a result, causes or contributes to cause an accident which brings about the injury of a person or damage to private property, such act shall be deemed a misdemeanor. Provided, however, That this shall not impair the power to prosecute acts that constitute violations to this chapter or its regulations as felonies or misdemeanors typified in the Penal Code or any other special law.
History —Dec. 21, 2000, No. 430, § 9[bis], renumbered as § 10 and amended on Sept. 14, 2004, No. 283, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130A - Navigation and Aquatic Safety (§§ 1401 — 1411) › § 1410 - Infrastructure

(1) The Department, with the advice and counsel of the Planning Board, shall determine the adequate coastal zones for the construction of public access ramps to the coast that will enable the practice of marine sports and activities. These ramps shall be constructed for the use of the general public.
(2) The Department shall build adequate infrastructure for the practice of water sports and activities as indicated in §§ 17–24 of this title.
(3) The Department may use funds that are furnished by the Special Fund created in § 1411 of this title for the construction of infrastructure. It may also establish construction contracts with private enterprises, municipalities and government entities for the creation of said infrastructure.
(4) The Department may collect a reasonable fee for the use of the ramps to be used for the maintenance and administration of the infrastructure.
History —Dec. 21, 2000, No. 430, § 12, renumbered as § 13 on Sept. 14, 2004, No. 283, § 5.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130A - Navigation and Aquatic Safety (§§ 1401 — 1411) › § 1411 - Creation of the Special Fund

The total amount of the fees collected as a result of the administration of this chapter, as well as the amount of administrative and judicial fines for infractions of the provisions of this chapter or its regulations shall be covered into a Special Fund in the Commonwealth Treasury created under Act No. 48 of June 27, 1986, as amended, which shall be destined mainly to the implementation of this chapter and its regulations. The Secretary may use part of these funds on programs and administrative expenses he/she deems convenient and necessary for the best attainment of the ends and purposes of the Department and those laws and regulations under its jurisdiction.
History —Dec. 21, 2000, No. 430, § 13, renumbered as § 14 on Sept. 14, 2004, No. 283, § 5.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130B - Land Acquisition and Conservation Fund Act (§§ 1421 — 1426) › § 1421 - Creation of the Fund

(1) The Fund for the Acquisition and Conservation of Land in Puerto Rico is created in the books of the Department of the Treasury, which shall be administered by the Department of Natural and Environmental Resources. The Secretary of the Treasury shall, in turn, open an account with the Government Development Bank for Puerto Rico, for the investment of this fund’s monies for the Acquisition, Management and Preservation of Lands. The monies contributed to the fund shall be accounted for separately from any other funds under the custody of the Secretary of Treasury. It is hereby provided that the income of such Fund shall not be taken into account when determining the total annual income of the Government General Fund of the Commonwealth of Puerto Rico, and that the monies not used by this Fund in one Fiscal Year shall not revert to the General Fund. Provided, That, as an exception, for Fiscal Year 2015-2016, the sum of four million dollars ($4,000,000) in account number 0500000-281-081-2004, or in any other created for the same purposes in the Department of the Treasury’s accounting system shall be transferred from this Fund to the “2015-2016 Legal Liability Fund”.
History —Sept. 5, 2003, No. 268, § 3; July 2, 2015, No. 105, § 9.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130B - Land Acquisition and Conservation Fund Act (§§ 1421 — 1426) › § 1422 - Administration

The fund created by virtue of this chapter shall be administered by the Department of Natural and Environmental Resources, for the sole purpose of financing and promoting the acquisition, improvement, preservation and maintenance of land that, due to its nature is of a high ecological value, as established in this chapter, and by the regulations to be established by the Department.
The Department of Natural and Environmental Resources shall insure strict compliance with the objectives of this chapter, and shall present alternatives to strengthen the acquisition strategy of land of high ecological value. Furthermore, it shall create accessible mechanisms for acquisition of property or land, in the name and in representation of the Commonwealth of Puerto Rico for the purpose of preservation and sustainability of the community.
The Department of Natural and Environmental Resources shall submit to the Legislature a report on compliance with this chapter, including the land to be acquired and its ecological value within six (6) months after this act’s approval and subsequently, consecutive annual reports. If said report is not submitted to the Legislature, the Department of Natural and Environmental Resources shall not be able to make use of the funds, which shall revert to the environmental emergency fund created by Act No. 81, of July 2, 1987.
History —Sept. 5, 2003, No. 268, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130B - Land Acquisition and Conservation Fund Act (§§ 1421 — 1426) › § 1423 - Initial financial contribution

The Environmental Quality Board is authorized to contribute to and transfer twenty million dollars ($20,000,000) to the Fund for the Acquisition and Conservation of Land in Puerto Rico, from the resources existing in the environmental emergencies fund created by Act No. 81, of July 2, 1987. This transfer shall take place no later than September 30, 2003.
History —Sept. 5, 2003, No. 268, § 5.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130B - Land Acquisition and Conservation Fund Act (§§ 1421 — 1426) › § 1424 - Future financial appropriations

The Fund shall be continuously nourished from the following:
(a) Fifty percent (50%) of the money remaining from the Used Oil Management Fund, created by §§ 1335–1335n of this title, determined at the end of every fiscal year.
(b) The donations of enterprises, groups, nonprofit institutions, private partnerships and sector corporations, particularly of citizens, as well as federal, state and municipal government entities. Those qualified donors may avail themselves of the benefits established in Section 1023 of Act No. 120 of October 31, 1994, better known as the Puerto Rico Internal Revenue Code of 1994, in that which concerns deductions for donations allowed by the Code.
(c) The interests generated from investments chargeable to the fund’s money.
(d) Contributions of the Government of the United States of America through federal programs with purposes similar to those set forth in this chapter.
(e) Any other funds obtained by the Department of Natural and Environmental Resources following the mechanisms for collection of funds allowed by the laws and regulations of the Commonwealth of Puerto Rico.
History —Sept. 5, 2003, No. 268, § 6.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130B - Land Acquisition and Conservation Fund Act (§§ 1421 — 1426) › § 1425 - Minimum annual balance

The fund shall maintain a minimum annual balance of five million dollars ($5,000,000) with the purpose that said sum of money may be invested and to continuously increase its balance from accumulated interest. The investment of funds shall be governed by the investment policy established for government dependencies, to wit, the Government Development Bank for Puerto Rico.
History —Sept. 5, 2003, No. 268, § 7.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130B - Land Acquisition and Conservation Fund Act (§§ 1421 — 1426) › § 1426 - Administrative expenses

The Department of Natural and Environmental Resources may use up to a maximum of eight percent (8%) of the total balance of the fund for the Acquisition and Conservation of Land in Puerto Rico to defray administrative expenses at the beginning of every fiscal year. These expenses shall not be defrayed when the fund has a balance below that established in § 1425 of this title.
History —Sept. 5, 2003, No. 268, § 8.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130C - Mooring Buoy Adoption Program (§§ 1431 — 1436) › § 1431 - Creation

The “Mooring Buoy Adoption Program” is hereby created, attached to the Department of Natural and Environmental Resources (DRNA).
History —Aug. 7, 2008, No. 194, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130C - Mooring Buoy Adoption Program (§§ 1431 — 1436) › § 1432 - Purposes

The main purpose of the Program shall be to provide an anchoring alternative to recreational vessels so as to promote the protection of coral reefs and communities associated thereto (sea grass meadows and mangroves) and implement the mechanism of donations, assistance and benefits created through § 1433 of this title.
History —Aug. 7, 2008, No. 194, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130C - Mooring Buoy Adoption Program (§§ 1431 — 1436) › § 1433 - Concessions, donations, assistance and benefits

The Secretary of the DNER is hereby directed to establish a special concession program to install and maintain mooring buoys and to authorize natural or juridical persons to install and provide maintenance to mooring buoys in exchange for charging mooring fees or any other means to generate income that, in the judgment of the DNER, is beneficial for and accessible to the general public and stimulates the use of mooring buoys. The Secretary of the DNER is hereby empowered to receive donations, assistance or benefits from public agencies of the Government of Puerto Rico or the Government of the United States of America, municipalities, educational institutions, and nonprofit or for-profit private companies or organizations that wish to contribute with funds, equipment, and materials for the development and implementation of the Program and for the DNER to exclusively carry out the cleaning and maintenance of mooring buoy systems.
History —Aug. 7, 2008, No. 194, § 3; Dec. 16, 2009, No. 179, § 4; Dec. 30, 2010, No. 241, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130C - Mooring Buoy Adoption Program (§§ 1431 — 1436) › § 1434 - Special fund

A fund is hereby created for the exclusive use and benefit of the Program, which shall be known as the “Special Mooring Buoy Adoption Program Fund”, attached to the Department of Natural and Environmental Resources. The funds collected on account of donations shall be covered into the special fund and shall be used for the administrative and operating expenses of the mooring buoy system and for the disclosure of information pertaining to this chapter and its regulations.
History —Aug. 7, 2008, No. 194, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130C - Mooring Buoy Adoption Program (§§ 1431 — 1436) › § 1435 - Coordinator

The Secretary of the Department of Natural and Environmental Resources shall designate a Coordinator, who shall be responsible for the operations of the Program and shall execute the functions provided in this chapter.
The Coordinator shall be a person of recognized moral integrity and proven experience and knowledge in the subject covered under this chapter. The Secretary shall provide the Coordinator with the necessary administrative support for the effective operation of the Program and the adequate administration of this chapter.
History —Aug. 7, 2008, No. 194, § 5.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 130C - Mooring Buoy Adoption Program (§§ 1431 — 1436) › § 1436 - Coordinator—Powers and functions

(a) To prepare and implement, in coordination with and with the approval of the Secretary, the norms, procedures, rules and regulations that shall govern the “Mooring Buoy Adoption Program”, including its work plan, which shall include such guidelines as deemed pertinent to implement special concession mechanisms for the maintenance and installation of buoys and donations to the Special Fund, emphasizing on zones of high ecological value, high watercraft traffic, and tourist interest. In order to achieve theses purposes, the DNER shall work in coordination with the Puerto Rico Tourism Company and/or companies engaged in nautical tourism activities certified by the Tourism Company.
(b) Address and supervise the development of the Program and design a system for the effective growth thereof.
(c) Provide professional and technical advice about the new trends on the subject.
(d) To manage special concessions, as well as any appropriations and donations received, and keep a register thereof for faithful compliance with the provisions of this chapter. He/she shall also coordinate with the participants of the program as to the kind of resources to be offered and the availability of mooring buoys to be adopted or selected as part of a concession for their maintenance. In addition, he/she shall establish an educational program, in coordination with the Puerto Rico Tourism Company, to foster the good use of mooring buoys and to raise awareness of their ecological value.
(e) Establish, in coordination with the Secretary, all details on the commitment made, the period covered, and the eligibility of the participants.
(f) Create, in coordination with the Secretary, a mass dissemination program to raise citizens’ awareness on the harmful effects caused by irresponsible navigation and anchoring practices on sensitive marine resources. Design in a standard manner the Program logo, brochures, and stickers for mooring buoys bearing the name of the person, agency, municipality, community or entity adopting the buoy. In addition shall prepare and publish a news bulletin for the participants of the Program.
History —Aug. 7, 2008, No. 194, § 6; Dec. 16, 2009, No. 179, § 5;; Dec. 30, 2010, No. 241, § 5.