P.R. Laws tit. 12, § 8102
(a) Shall obtain the corresponding permits and shall meet all the requirements established in the laws and regulations of Government of Puerto Rico, and the Government of the United States, if applicable, and in accordance with this chapter. Tire exporters shall also meet the bond or surety posting requirement as required in § 8093(b)(5) of this title.
(b) Any person who requests a permit before the Board to export scrap tires must obtain the aforementioned certificate from the Authority for the proposed activity. This certificate shall state that the proposed activity is consistent with the public policy of the Authority. The certificate of conformity shall be considered a preliminary approval for which the Authority performs a general evaluation of the project’s elements. This certifications shall not be considered a final approval.
(c) To obtain said certificate from the Authority, the proponent shall submit the following information:
(1) An application letter for the Certificate signed by the owner or his/her authorized representative.
(2) An explanatory memorial that meets, at least, the following requirements:
(A) Describing the steps, methods, and procedures for scrap tire collection in Puerto Rico and the export thereof.
(B) Specify the physical location of the export facilities including the address, the land capacity, and the zoning classification of the area.
(C) Describe the types of tires they intend to export.
(D) Specify the approximate number of scrap tires to be collected on a daily basis in the export lot.
(E) 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.
(3) Specify the approximate number of containers that shall be used on a daily or weekly basis for the scrap tire export.
(4) Present a letter of intent certified by the end-use or recycling facility, stating that it shall receive scrap tires from outside of Puerto Rico and the manner in which they shall be used or disposed of.
(5) Present an alternative plan with another end consignee, in the event that the original facility closes down.
(6) Provide a copy of the agreement executed with the ocean freight company for the export of tires.
(d) May export scrap tires to certified facilities outside of Puerto Rico, and may handle, process or dispose of them outside of Puerto Rico.
(e) Shall not be considered a scrap tire hauler, recycler, or processor for the purposes of § 8105 of this title.
(f) 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 the maximum allowed storage capacity, and any other limitations and conditions established in the operation permit 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 processed. 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.
(g) Shall be responsible for using an electronic weighing system with a reliable record and control mechanism containing the data on the identification of each and every 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.
(h) Shall prepare an invoice with the amount of exported tires, in pounds, according to the fee corresponding to the stages completed, received in the authorized facility. Such invoice shall include the certification furnished by the end-use facility as well as the certification of the ocean freight company that transported such material outside of Puerto Rico. The invoice shall also describe whether the exported tires are whole or processed as established in the definition of the term “exporter” in this chapter.
(i) In the event that an exporter hires a hauler to haul tires to the shipping port, the latter shall not be entitled to receive payment from the Fund, but rather the exporter shall be responsible for the payment of such service.
The exporter shall submit to the Board and the Authority, annually or when required, a list of tire haulers registered in such facility or with whom he/she does business.
(j) The exporter shall sign and keep for five (5) years a copy of the manifests on the amount of tires, in pounds, received from the haulers or that they collected themselves, in which they shall also add the weight (in pounds). They shall verify that all the information contained in such documents is correct.
(k) Keep signed copies of the invoices for a term of not less than five (5) years as of the date of origin.
(l) May not impose other requirements in addition to those already stated, which result more burdensome, in order to receive loads from haulers, except for public liability insurance.
(m) Noncompliance by the exporter 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 exporter with the permit.
History —July 22, 2009, No. 41, § 13, eff. Oct. 30, 2011; July 12, 2011, No. 135, § 13.