P.R. Laws tit. 12, § 1336e

2019-02-20 00:00:00+00
§ 1336e. Orders

(a) When the Board has sufficient evidence to conclude that the provisions of this chapter or its regulations have been violated or are being violated, it may:

(1) Issue an order:

(A) Imposing an administrative fine for each violation; or

(B) requiring immediate compliance with this chapter or with its regulations; or

(C) both, or

(2) appear before the Court of First Instance with competence to seek the corresponding recourse, including a permanent or preliminary or provisional injunction. Any judgment pronounced pursuant to the provisions of this chapter shall specifically indicate the nature of the violation(s) incurred.

(b) Notwithstanding the provisions of subsection (a)(1) of this section, if the Board understands that there is a specific condition of contamination or that a generator, storage deposit, carrier or provider of treatment and final disposal of hazardous biological waste poses an imminent danger to public health or to the environment’s safety, it may issue an order to immediately discontinue the generation of such waste. With this order, the Board shall notify all persons concerned of the holding of a hearing, which shall be conducted not later than forty-eight (48) hours following the issue of the order. Immediately after the hearing is held, the Board shall confirm, modify or render ineffective the order so issued.

(c) When the Board issues an order that includes an administrative fine, pursuant to the provisions of subsection (a) of this section, such fine may not be greater than twenty-five thousand dollars ($25,000) for each violation.

(d) When the Board issues an order to require compliance with the provisions of this chapter or of its regulations, within the term specified in the order, and if the violator does not take corrective measures within the specified period, the Board may impose an administrative fine that may not exceed the amount of twenty-five thousand dollars ($25,000) for each day extended beyond the period established in such order.

(e) The Board shall charge for services rendered or the personnel used as a consequence of the violation of the norms and regulations related to this chapter, regardless of the administrative fine provided in subsection (d) of this section.

History —Aug. 6, 2008, No. 180, § 7.