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July
1, 2004 - ENVIRONMENTAL UPDATE - Re: PR's Solid Waste Management
Authority Promulgates New Regulation for Pollution Prevention
On
June 1st, 2004, Puerto Rico's Solid Waste Management Authority
("SWMA") promulgated its Regulation for Pollution
Prevention ("P2")(Regulation No. 6819 of June 1,
2004), hereinafter "the Regulation." This Regulation
is promulgated after almost four (4) years of the enactment
of Act No. 310 of September 2, 2000 ("P2 Act"),
which establishes Puerto Rico's environmental public policy
regarding the elimination or reduction of pollution at its
source.
Every facility, as defined in the Regulation, shall not cause
or allow the generation of contaminants without developing
and/or adopting a written policy committing the implementation
of technical and economically viable alternatives to prevent
pollution. Facilities are divided into Mayor Facilities, which
have more than ten (10) employees or that are required to
submit a "Toxic Release Inventory" (pursuant to
EPCRA Section 313) the year before the promulgation of the
Regulation, and Minor Facilities, which have ten (10) employees
or less.
Mayor Facilities shall not cause or allow the generation of
contaminants without developing an Assessment and/or Audit
where sources of contamination will be identified and technical
and economically viable alternatives are adopted to prevent
such contamination. Minor Facilities shall not cause or allow
the generation of contaminants without adopting the technical
and economically viable alternatives recommended in an Inspection
Report issued by the SWMA.
The Regulation requires every Facility to develop and implement
a Cleanup and Maintenance Plan ("CMP") and a Training
Plan for the Reduction of Pollution ("TPRP"). The
CMP should be implemented at every phase of the facility operation,
including equipment, machinery, receivers, administrative
offices, floors, cafeterias, and other sources of contamination
at the facility. The TPRP seeks to train employees of the
P2 techniques for each source of identified pollution or contaminants.
Mayor Facilities must meet additional requirements pursuant
to the Regulation. These facilities must create a Steering
Committee among its employees, which will be responsible of
the implementation and compliance of this Regulation. Also,
they shall develop a Plan to reduce the use of raw material
in the packing that generates pollutants.
Mayor
facilities are also required to develop a written policy for
the development of an Assessment and/or Audit which identifies
the sources of pollution and that compromises such facility
to implement such technical and economically viable alternatives
to prevent and/or reduce the pollution at the identified source.
The priority in such policy shall be the P2. If prevention
cannot be accomplished, the goal shall be to meet the reduction
at the source of identified pollutants. The Assessment and/or
Audit shall be prepared every two (2) years, and the first
Assessment shall be filed with SWMA within six (6) months
of the effective date of the Regulation.
On the other hand, Minor facilities will be subjected to a
SWMA inspection. The purpose of the inspection is to identify
sources of pollution and prevent or reduce generated pollution
by means of implementing such technical and economically viable
alternatives identified by the Agency. Later, SWMA will prepare
an Inspection Report to make recommendations as to how the
facility may prevent or reduce the contamination previously
identified at the inspection. Such recommendations shall then
be implemented by the facility within six (6) months of receipt
of the Inspection Report.
Activities exempted from compliance with the P2 Regulation
are the generation of contaminants: under a Hazardous Waste
Reduction Plan; during the investigation and development of
a product or process; and during test runs. The non compliance
of this Regulation can trigger administrative penalties of
no more than $1,000 per violation, per day. At the discretion
of the SWMA, a maximum administrative penalty of $5,000 per
day can be imposed to facilities in contempt of an administrative
order or which have repeated a violation after a fine has
been imposed.This new Regulation became effective on July
1st, 2004.
If you have any questions, please contact any of the following
members of our Environmental & Natural Resources Law Practice
Group at 787-751-8999, o via e-mail:
Carlos
Colón-Franceschi ccf@tcmrslaw.com
Rafael Mullet Sánchez
rem@tcmrslaw.com
Rafael Rivera Yankovich rryanko@tcmrslaw.com
Michelle E. Renaud-Jiménez mrenaud@tcmrslaw.com
Agustín F. Carbó-Lugo acarbo@tcmrslaw.com
Eli Matos Alicea ematos@tcmrslaw.com
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