P.R. Laws tit. 12, § 1310a
It is the public policy of the Commonwealth of Puerto Rico to submit to regulation any private activity that has not been regulated, or substitute it with a unique government service, granting the Authority the powers established hereby to require, direct, and enforce the delivery of solid waste to private disposal facilities. It is also the public policy to grant the Authority the power to delegate on the municipalities, pursuant to the provisions of this chapter, independently, or concurrently with the Authority, to require, direct and enforce the delivery of solid waste to designated disposal facilities, including ashes or other waste generated by the disposal facilities.
Any municipality or consortium of municipalities wishing to participate in the development and administration of a solid waste facility may file a request with the Authority to be guaranteed the long-term flow of solid waste needed to be deposited in the disposal facilities. The Authority shall evaluate every request that is filed pursuant to the provisions of this chapter, and shall determine whether the proposed facility is in accord with the Regional Facilities Location Plan. If the Authority determines, in the exercise of its discretion, that the proposed disposal facility is in accord with the Regional Facilities Location Plan, it may approve the request and grant a contract or other guaranty for the flow of solid waste to be channeled to the proposed facility, with whatever other determinations the Authority understands are in the best interests of the people of Puerto Rico.
Provided, That none of the powers granted hereby to the Authority shall repeal, conflict or duplicate the powers and faculties granted to the Environmental Quality Board through Act No. 9 of June 18, 1970. Prior to the promulgation of their respective regulations, both agencies shall coordinate them so that they will comply with this mandate and prevent any jurisdictional incompatibility.
Any contract or guaranty granted by the Authority shall be subject to:
(a) It may be limited to a specific type of waste, a particular geographic source, a particular waste generator, or any other form determined by the Authority.
(b) It may be issued for a definite period of time taking into consideration the type of financing that shall be used and any other factor that the Authority deems relevant.
(c) It may be given in the form of a contract, guaranty, franchise or any other instrument which when granted shall be a valid and binding agreement and may be asserted against the Authority, by the municipality or municipalities to whom the guaranty was granted, and may be made irrevocable for the term determined by the Authority.
(d) It may be modified by the Authority according to its terms, provided the modification does not substantially impede the guaranty of the flow of waste granted originally.
The Authority and any municipality which has received a waste flow guaranty, may grant licenses or permits concurrently to any solid waste hauler, collector, or transporter in a designated geographic area; and the Authority may revoke the licenses or permits if the hauler, collector or transporter does not comply with its obligation to deliver waste to a designated facility, or for other reasons.
Each municipality shall promulgate a municipality ordinance to implement the powers delegated by the Authority in the agreement or guaranty to direct the flow of waste and the delivery thereof to a designated disposal facility.
To ensure and preserve the feasibility of any disposal facilities to which a waste flow guaranty has been granted for a municipality or a consortium of municipalities, the Commonwealth of Puerto Rico shall neither alter nor amend the powers granted by this chapter to the Authority while any guaranty issued by the Authority for any disposal facility is in effect. The Authority is authorized to include in any contract or guaranty that: neither the Authority nor the Commonwealth of Puerto Rico shall expose, nor allow the inclusion in any Regional Facility Location Plan of any disposal or serviced facility which may compete with any facility for which the Authority has granted a solid waste flow guaranty.
History —June 23, 1978, No. 70, p. 222, added as § 12 on Aug. 22, 1990, No. 59, p. 235, § 2.