P.R. Laws tit. 12, § 8160a

2019-02-20 00:00:00+00
§ 8160a. Disposed, discarded, obsolete or useless electronic equipment recycling, processing, or final disposal facilities

(a) Any person who applies for a license or permit to establish a disposed, discarded, obsolete, or useless electronic equipment recycling, processing, or final disposal facility shall submit an operating plan with the description of the processing, recycling, or export activities to be carried out. The operating plan shall include, among others, the following:

(1) The nature of the activity;

(2) the capacity of the equipment to be used;

(3) an inventory based on volume and weight;

(4) the operating and maintenance capacity;

(5) the recycling method, whether it is refurbishing, processing through disassembling, separation, and recovery of materials, or others;

(6) proof of proper storage capacity, without leaving the equipment unprotected;

(7) proof of market existence and statement indicating its commitment to dispose of material;

(8) method used to comply with the applicable laws and regulations;

(9) health and safety program that shows a proper management of the equipment and guarantees public safety, the health of its employees, and the quality of the environment;

(10) proof of having a public liability insurance policy in effect, and

(11) if engaged in export activities, a description of whether the equipment shall be exported in whole or disassembled. This plan shall be reviewed by the Board in coordination with the Authority and, if endorsed, it shall be referred to the Board for its consideration as a requirement for final approval of the requested permit.

(b) Any person engaged in activities of recycling, processing, or final disposal of disposed, discarded, obsolete, or useless electronic equipment shall obtain the corresponding licenses from the Board in coordination with the Authority and shall comply with all the requirements established in the applicable laws and regulations. The Board shall regulate the amount of unprocessed or partially processed materials that may be stored in a facility before their delivery for final use or disposal.

(c) Any person that operates a recycling, processing or final disposal facility shall annually submit to the Board and the Authority the following documents, among others:

(1) A report on the amount of recovered electronic waste;

(2) a report on the amount of disposed, discarded, obsolete or useless electronic equipment that has been processed or recycled;

(3) an update of the safety plan, if necessary;

(4) a report identifying the facilities, and

(5) a copy of the permits and licenses required by the Government of Puerto Rico.

(d) The Board shall promote the development of companies that invest in the machinery to be used in the processing of materials and refurbishment of electronic equipment.

(e) The Board shall also promote with the advise of the Authority:

(1) The refurbishment or repair of disposed, discarded, obsolete or useless electronic equipment for their reuse..

(2) The mechanisms and alternatives for the disposal of hard-to-handle electronic waste, the processing or recycling of which has no market. This includes management of polluting materials with hazardous material characteristics.

History —Jan. 17, 2012, No. 18, § 11.02, eff. 120 days after Jan. 17, 2012.