2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 8 - Environment II (§§ 8001 — 8162) › Chapter 505 - Puerto Rico Proper Scrap Tire Management Act (§§ 8091 — 8108) › § 8093 - Powers and functions

(a) Solid Waste Authority.—
(1) Develop an educational program to raise awareness among citizens of the importance of proper scrap tire disposal.
(2) Carry out research and development procedures for the purpose of developing markets that use scrap tires as raw material.
(3) Submit to the Board an annual report on scrap tire management in Puerto Rico and it shall make said report available to the public on its webpage.
(4) Establish weight-based equivalencies for tires, tire chips, tire-derived fuel, crumb rubber or any other natural or synthetic rubber scrap tire by-product, if deemed necessary and in collaboration with the Board.
(5) Conduct audits to ascertain the accuracy of the payment of the scrap tire management and disposal fee set forth in § 8093a of this title.
(b) Environmental Quality Board.—
(1) Be responsible for coordinating the implementation of this chapter in accordance with §§ 8001 et seq. of this title, known as the “Environmental Public Policy Act”, and with §§ 1320 et seq. of this title, known as the “Puerto Rico Solid Waste Reduction and Recycling Act”.
(2) Be responsible for overseeing and enforcing the environmental protection provisions set forth in this chapter, its Organic Act, and its regulations, pursuant to the duties and authorities thereof.
(3) Adopt or amend, if necessary, its regulations, so as to implement, administer, and enforce this chapter including, but not limited to, the regulations necessary to issue licenses and permits, to establish the weighing system, and to impose fees, fines, and penalties.
(4) Issue, modify, or revoke licenses and permits issued by virtue of this chapter, and shall oversee, through inspections, the environmental compliance of the scrap tire handling facilities.
(5) Require the posting of a bond or surety as a requirement for issuing permits to tire warehousepersons, processors, exporters, haulers, recyclers, and end-use facilities. Also, the Board shall determine the amount of the bond or surety based, among other criteria, on the environmental hazard posed by the activity in the event of abandonment, fire, noncompliance with the terms of the permit, or other environmental disaster.
(6) Keep an updated record of warehousepersons, haulers, processors, exporters, and end-use facilities holding valid permits and authorizations. It is hereby provided that the Board shall share the information collected with the Solid Waste Authority. The information shall be available to the public on its webpage.
(7) Have the power to establish and coordinate moratoria for compliance with the provisions set forth in this chapter, in the event of an emergency situation.
(8) Issue a tire importer or manufacturer license for the purpose of certifying that the license holder is authorized to manufacture or import tires into Puerto Rico as part of his/her business. A two thousand dollar ($2,000) license fee shall be paid every two (2) years, as of the date of issue.
(9) Deny, suspend, or revoke the scrap tire importer, manufacturer, warehouseperson, hauler, processor, recycler, or end-use facility license or permit, as the case may be, to any person who fails to comply with the provisions of this chapter and/or the regulations adopted thereunder. The denial, suspension, or revocation shall be governed in accordance with the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”.
(10) Impose a ten percent (10%) late fee on the total amount of any insufficiency or deficiency regarding the payment of the scrap tire management and disposal fee set forth in § 8093a of this title, as well as an annual ten percent (10%) interest rate on the total amount owed.
(11) Adopt such transitory provisions as are necessary to achieve the objectives of this chapter, through emergency regulations or administrative orders issued by means of a public notice.
(12) Administer the Fund and the Emergency Fund.
(13) Pay the invoices submitted by scrap tire processors, recyclers, exporters, and end-use facilities, according to the adopted rate regulations.
(14) Retain funds payable to any processor, recycler, exporter or end-use facility by reason of noncompliance with the provisions of this chapter and/or its regulations, as established in § 8106 of this title. The retention procedure shall be governed in accordance with the provisions of the Uniform Administrative Procedures Act.
(15) Conduct administrative actions as are necessary, including pre-intervention and auditing works on the invoices billed to the Fund.
(16) Ensure that all the weighing systems of processors, recyclers, exporters, or end-use facilities are certified by DACO or the corresponding agency.
(17) Designate inspectors to oversee compliance with the operating stage of this chapter within the facilities of processors, exporters, and recyclers, as well as end-use facilities or any other that may be deemed necessary.
(18) Develop and implement measures as are necessary to ensure the fiscal health of the Fund.
(19) Transfer from the Fund the portion established through regulations to the Authority and to the Treasury every three (3) months, so they may discharge the duties imposed in this chapter.
(20) Provide the Authority with all the necessary information to draft an annual report on scrap tire management in Puerto Rico.
(21) Determine, when issuing permits, the maximum number of scrap tires that can be stored by scrap tire warehousepersons, haulers, processors, recyclers, exporters, and end-use facilities.
(22) Freeze funds corresponding to processors, recyclers, exporters, and end-use facilities due to permit violations.
(23) Revoke permits and/or impose fines on scrap tire haulers, warehousepersons, processors, recyclers, exporters, and end-use facilities if found in violation of said permits.
(24) The Board shall prescribe by regulations:
(A) The amount to be paid for manufactured or imported tires, whether they be new or used, and all tires that enter Puerto Rico as part of a new or used vehicle or motor vehicle.
(B) The rules that shall regulate the storage of tires by scrap tire warehousepersons, processors, recyclers, and end-use facilities, and the criteria for granting dispensations with regards to this matter.
(C) The method and term to pay the corresponding fees to processors, recyclers, exporters, and end-use facilities according to the stages completed.
(D) The method to be followed in the event that the weighing system breaks down, the term within which it shall be repaired.
(E) The necessary regulations to refund or credit the total amount paid on account of fees for exported tires, to the importers or manufacturers that export some or all of their stock.
(F) Any measures or mechanisms necessary to implement this chapter.
(c) Municipalities.—
(1) In coordination with the Board, control and oversee that the requirements set forth in this chapter are met by any person who stores scrap tires.
(2) Prepare a list of the tire warehousepersons within their territorial limits and submit it to the Board within six (6) months from the approval of this act, and subsequently every six (6) months.
(3) Coordinate with other municipalities, with scrap tire haulers, as well as with processors, recyclers, exporters, or end-use facilities for the management and disposal of scrap tires outside of their territorial limits, pursuant to the provisions of this chapter.
(4) Approve ordinances, pursuant to the provisions of this chapter, to make the development, implementation, and compliance of tire management and disposal activities feasible. However, the Board shall be consulted as to any ordinance related to scrap tire management and disposal or any other matter relative to this chapter to ensure uniformity in the implementation of this chapter, its public policy and the free competition in this industry. The Municipal Legislative Assemblies shall submit the ordinance bills for the consideration by the Board, which shall issue any comments with respect thereto within thirty (30) working days as of the receipt thereof.
(d) Government Development Bank.—
(1) Be the trustee of an account in which the funds collected by the Treasury shall be deposited. This account shall be known as the Proper Scrap Tire Management Fund, created in § 8105 of this title.
(2) Assist the Board with the accounting and income projections of the Fund.
(3) Develop and implement any measures as are necessary to ensure the fiscal health of the Fund.
(4) Provide the Authority with all the necessary information to draft an annual report on the scrap tire management in Puerto Rico.
(e) Department of the Treasury.—
(1) Employ the counting method when imported tires, whether they are new or used or manufactured in Puerto Rico, are selected for inspection, and shall determine the number of tires on imported motor vehicles.
(2) Have access to the bills of lading, commercial invoices and, in the case of foreign imports, the form used by the United States Customs and Border Protection, which authorizes the release thereof. The foregoing shall be carried out for the purpose of reviewing the amounts corresponding to the collection of the scrap tire management and disposal fee set forth in § 8093a of this title.
(3) Collect from tire importers and manufacturers in Puerto Rico, the scrap tire management and disposal fee set forth in § 8093a of this title, and shall deposit the same in the Fund.
(4) Transfer the revenues of the Fund to the Bank to be deposited in the account created for such purpose.
(5) Provide the Authority with all the necessary information to draft an annual report on scrap tire management in Puerto Rico.
History —July 22, 2009, No. 41, § 4; May 15, 2010, No. 54, § 2; July 12, 2011, No. 135, § 3.