P.R. Laws tit. 12, § 8157

2019-02-20 00:00:00+00
§ 8157. Authorities and duties—Environmental Quality Board

(a) Shall regulate the management, disposal, reuse, and recycling of electronic equipment in Puerto Rico by establishing any requirements it may deem necessary to protect the environment and the public health in accordance with §§ 8001 et seq. of this title, known as the “Environmental Public Policy Act”, and with §§ 1320 et seq. of this title, known as the “Puerto Rico Solid Waste Reduction and Recycling Act”.

(b) Shall oversee compliance with the provisions of this chapter, pursuant to its duties and authorities.

(c) Shall issue, modify or revoke any licenses and permits granted under this chapter, and verify through inspections environmental compliance by the facilities that manage disposed, discarded, obsolete or useless electronic equipment.

(d) Shall elaborate and implement a system of operation and monitoring to ensure that disposed, discarded, obsolete, or useless electronic equipment are properly stored in the different centers authorized to receive them; properly transported to collection and recycling centers; and finally disposed of in a proper manner, whether within Puerto Rico or as export materials.

(e) Shall have the faculty to establish and coordinate moratoria to ensure compliance with the provisions of this chapter should an emergency situation arise.

(f) Shall keep a list of electronic and cellular telephone equipment manufacturers, importers, and distributors enumerating such persons and business that comply with the provisions of § 8154 of this title.

(g) Shall retain the manifests of collected, transported, and processed electronic equipment and furnish this information to the Authority. In addition, it shall be responsible for verifying the accuracy of such manifests.

(h) Shall furnish to the Authority any information necessary to enable it to draw up its annual report herein required on the management of disposed, discarded, obsolete, or useless electronic equipment in Puerto Rico.

(i) Shall provide technical assistance to any person that, per requirement of this chapter or its own initiative, whether for profit or not, establishes a collection center or transportation, recycling or disposal facility for disposed, discarded, obsolete or useless electronic equipment and promote the good use and operation thereof. Provided that, any assistance shall require:

(1) A certification that the equipment recovered by collectors was received from consumers or businesses within the jurisdiction of Puerto Rico.

(2) A certification that the final destination of the products complies with the provisions of this chapter, the Enabling Act of the Authority, and the Environmental Public Policy Act.

(j) Shall submit, together with the Authority, an annual report on the progress of the implementation of this chapter to the Legislative Assembly.

(k) Shall be empowered to impose the sanctions and administrative fines to be determined through regulations, for violations of this chapter and the orders, rules, and regulations issued and approved thereunder.

(l) Shall promulgate regulations as necessary for the granting of licenses to operate collection, storage, recycling, processing or final disposal facilities of electronic or cellular telephone equipment or cathode-ray tubes. The regulations herein directed shall be approved on or before six (6) months after the approval of this act.

History —Jan. 17, 2012, No. 18, § 8.01, eff. 120 days after Jan. 17, 2012.