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June
22, 2003 - Environmental
Crimes Included in New Penal Code for the Commonwealth of
Puerto Rico (Act No. 149 of June 18, 2004)
On
June 22, 2003, the Senate approved SB-2302 for the enactment
of the new Penal Code for the Commonwealth of Puerto Rico,
and for the application and enforcement of its norms. Almost
a year later, after much debate, the measure was also approved
by the House of Representatives last May 2004, and signed
by the Governor on June 18, 2004, as Act No. 149. The new
Penal Code classifies, among other things, certain activities,
as set forth below, as environmental crimes. Special attention
should be given to these articles due to their vagueness and
ambiguousness.
i) Any person endangering the life, health, corporal integrity
or security of a person, by causing an explosion, a flooding
or earth movement, a demolition of a structure or by using
toxic gases, among others, shall incur in a second grade
felony. If negligence is involved, it shall be considered
a third grade felony (Art. 240);
ii) Any person endangering the life or health of a person
by poisoning, contaminating or spilling substances capable
of destroying human health, in wells, bodies of water, pluvial
systems, among others, shall incur in a second grade felony.
If negligence is involved, it shall be considered a third
grade felony (Art. 241);
iii) Any person causing (directly or indirectly) emissions,
radiation, or spills of any kind on the soil, atmosphere,
superficial, underground or marine waters, in violation
of the Act, and that endangers people's health or alters
the environment, shall incur in a fourth grade felony (Art.
242); and
iv) If the environmental pollution felony referred to in
the previous paragraph is committed by a judicial person
without the corresponding environmental permit, or has not
complied with the orders of an environmental authority regarding
the correction or suspension of the action in violation
of the Act, or provided false information in order to obtain
the environmental permit, or interfered with the inspection,
shall incur in a third grade felony, and the permit shall
be revoked (Art. 243).
If you have questions related to this Environmental Update
or any other matter, please contact us at (787)751-8999,
or e-mail any of the following members of the Environmental
& Natural Resources Practice Group:
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
Elí Matos Alicea ematos@tcmrslaw.com
Agustín F. Carbó Lugo acarbo@tcmrslaw.com
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