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September
26, 2002
ENVIRONMENTAL
UPDATE
Re:
Update on the Implementation of the Year 2000 Amendments to
the Puerto Rico Waste Reduction and Recycling Act of 1992
On
October 8, 2000, the Governor of the Commonwealth of Puerto
Rico approved Act No. 411 (hereinafter "Act 411")
to amend the Puerto Rico Waste Reduction and Recycling Act
of 1992 (Act No. 70 of September 18, 1992) (hereinafter, AAct
70"). Pursuant to Act 70, the Commonwealth established
the public policy for the management of solid waste, emphasizing
on methods such as reduction, reuse, and recycling. Act 70
also authorized the Puerto Rico Solid Waste Authority (ASWA)
to coordinate and develop with the different municipalities
a Solid Waste Reduction and Recycling Program. The initial
goal of Act 70 was to reduce and recover 35% the solid waste
disposed throughout the island=s landfills by the year 1995.
With the approval of Act 411, the Commonwealth extended the
initial deadline from 1995 to 2006 to recover 35% of the solid
wastes generated in Puerto Rico.
To
meet this new goal, Act 411 imposed planning and reporting
requirements on both the public and private sector. Pursuant
to Act 411, all entities in the private sector, including
educational institutions, retail stores, offices, manufacturing
facilities and any other commercial, industrial or touristic
entities employing more than 10 persons (even if part-time)
whether operating for profit or non-profit purposes, are required
to implement and file before the SWA a Recycling Plan providing
for the reduction and separation of the recyclable solid wastes
generated at the institution. This past summer, the SWA generated
a form for the preparation of recycling plans that requires
general and technical information about the operation and
recycling, reuse and/or reclamation activities. Act 411 also
provides stringent planning and reporting requirements on
municipalities, Commonwealth agencies, and public corporations
that will entail the allocation and use of substantial resources
from each institution.
Failure
to submit the Recycling Plan to the SWA before the deadline
could result in the imposition of fines ranging from $100.00
to $500.00 per violation or even imprisonment for a period
of less than 6 months unless a request for additional time
has been filed before the SWA. The statutory deadline for
filing the recycling plan was initially set for July 1st,
2001. However, according to representatives of the SWA due
to the impossibility of complying with such deadline and in
order to provide the public additional information and clarification
on the specific requirements of such plans, the SWA will not
initiate any enforcement and compliance assurance activities
until July 1st, 2003. It has yet to be determined whether
the SWA´s position on the enforcement of the statutory
deadline may preclude the filing of private rights of action
or citizen suits against entities in non-compliance.
If
you have any questions regarding this update or would like
to obtain more information, please contact any of our environmental
law attorneys at (787)751-8999 or at the following direct
numbers or e-mails:
Carlos
E. Colón-Franceschi (787)751-8999 ext. 27 ccf@tcmrslaw.com
Rafael Mullet-Sánchez A ext. 44 rem@tcmrslaw.com
Rafael Rivera-Yankovich A ext. 34 rryanko@tcmrslaw.com
Michelle Renaud-Jiménez
A
ext. 29 mrenaud@tcmrslaw.com
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