P.R. Laws tit. 12, § 8101
(a) Shall request to the Authority a certificate of conformity stating that the proposed activity is consistent with the public policy of the Authority, prior to filing an application for permit with OGPe and subsequently applying for an operations permit issued by the Board. The Certificate of Conformity shall be considered a preliminary approval for which the Authority performs a general evaluation of the project’s elements. This certificate shall not be considered a final approval.
(b) Shall obtain the corresponding permits and shall meet all the requirements established in the laws and regulations of the Government of Puerto Rico and the Government of the United States, if applicable, pursuant to the provisions of this chapter. Furthermore, it shall meet the bond or surety posting requirement as provided by § 8093(b)(5) of this title.
(c) To obtain the aforementioned certificate from the Authority, the proponent shall submit the following information:
(1) An application letter for the certificate of conformity signed by the owner or his/her authorized representative.
(2) An explanatory memorial including, at least, the following requirements:
(A) A plan whereby the nature and recycling activity shall be described in detail.
(B) The operating plan of the facility.
(C) Specify the physical location of the facility including the address, the land capacity, and the zoning classification of the area.
(D) Specify the approximate amount, in pounds, of scrap tires to be recycled on a daily basis, and the daily processing capacity of the equipment to be acquired, if applicable.
(E) An inventory based on volume and weight, among others.
(F) An end-product marketing plan with the written agreement from buyers and markets available to acquire the total amount of the production.
(G) The facility’s business hours.
(H) State the name and street address of the supplier or suppliers of tires, whether they are whole, tire chips, or crumb rubber, needed by the company to conduct its main activity.
(I) The information of the proponent, including registration in the Department of State authorizing him/her to do business in Puerto Rico. In the case of an existing corporation or entity, it shall present a certificate of good standing.
(d) Shall have a copy of the permits required by the Government of Puerto Rico available for inspection at the time of starting its operations.
(e) Shall accept and weigh, during its business hours and free of charge, all of the tire loads received in the facility from any hauler that holds the corresponding permits from the Board and other agencies from the Government of Puerto Rico; provided, that they comply with maximum allowed storage capacity, and any other limitations and conditions established in the operation permits issued by the Board and other agencies of the Government of Puerto Rico. The initial and final weight of the trucks or containers shall be the basis to determine the net weight of the scrap tires to be used. As an exception, and upon prior authorization, any other accurate measurement may be used to determine the initial weight, as approved by any other Commonwealth or federal agency with regards to the hauling equipment used.
(f) Shall be responsible for using an electronic weighting system with a reliable record and control mechanism containing the data of the identity of each heavy truck or van, and with the capability to electronically transfer this information to the Board. Furthermore, the same shall follow a regular calibration program, as per the recommendations of the manufacturer of such system, and shall be certified by DACO or the corresponding agency.
(g) Shall sign and keep for five (5) years a copy of the manifests stating in detail the amount, in weight, of tires received from the hauler or processor. They shall verify that all the information contained in such document is correct.
(h) Shall keep signed copies of the invoices for a term of not less than five (5) years as of the date of origin.
(i) Shall submit the following information to the Board:
(1) A quarterly report on the amount, in pounds, of tires that have been received and processed in the facility with a copy of the haulers” manifests.
(2) Evidence of an updated safety plan that must be submitted annually or when required.
(3) A list of the scrap tire haulers and processors that supply the product and are registered in said facility shall be submitted annually or when required.
(j) Recyclers are hereby banned from imposing any additional requirement to those already stated, and which are more burdensome, in order to receive loads from haulers, except for public liability insurance.
(k) Shall submit the following information to the Authority:
(1) A quarterly report on the amount, in pounds, of scrap tires received in the facilities, whether they be whole tires, tire chips, or crumb rubber.
(2) Show evidence, annually or when required, that identifies end markets by means of executed agreements or letters of intent, if applicable.
(3) A report or list, annually or when required, of the persons and markets that use the resulting product of the activity, as well as data on the use of the scrap tire by-product, if applicable.
(l) Shall not store a number of tires, or their equivalent in pounds, in excess of that provided by the Board in its permit.
(m) Noncompliance by the recycler with the permits issued by the Board, as well as with the terms of this chapter and its regulations, shall entail the forfeiture, executed by the Board, of the bond or surety required by § 8093(b)(5) of this title; provided, that the Board deems that the funds are necessary to offset the noncompliance of the recycler with the permit.
History —July 22, 2009, No. 41, § 12, eff. Oct. 30, 2011; July 12, 2011, No. 135, § 12.