P.R. Laws tit. 12, § 258d
The pilot beaches shall comply with all the criteria indicated below:
(a) Bathing water quality.—
(1) Strict compliance with criteria established in federal and state legislation, and of the recommended values in the present standards in order to qualify for the Blue Flag Program, of the microbiological criteria as well as the physico-chemical standards, in effect in order to qualify for the Blue Flag Program, and compliance with the more exacting standards adopted by the Environmental Quality Board, created by Act No. 9 of June 18, 1970, the “Public Environmental Policy Act”. Provided, That during the year, the Environmental Quality Board shall take samplings each month, and analyze the water at that point of the pilot beach that the median daily density of bathers is highest, or that reflects the location of other potential sources of pollution, in order to guarantee that the quality of the water remains excellent.
(2) Absence of industrial discharges, wastewaters, and any other type of polluting substances or waste that can affect the beach or its surroundings.
(3) Local or regional emergency plans to contend with ecologic accidents or disasters. These plans shall include certain clear and detailed procedures that will identify each specific task to be carried out, and who shall perform it, so that in case of an emergency, the pollution at the local level can be dealt with effectively and speedily, in coordination with the pertinent authorities.
This will bring about, among other matters, the identification of contact persons in case of an accident or ecological disaster; the involvement of all government sectors, services and persons whose intervention is deemed necessary; the procedures for action to ensure the effective protection and evacuation of the users, in case of necessity; and procedures to warn and inform the public.
(4) Prevent the accumulation of [algae], sea weed or other type of vegetation that could decay on the beach, except in the zones designated for this specific use, and insofar as this does not become troublesome or unhealthful.
(5) Compliance with the legal requirements and those provided in the Blue Flag campaign regarding the collection, treatment and discharge of urban wastewaters.
(b) Environmental information and education.—
(1) The Environmental Quality Board shall provide the updated and corroborated results of the latest analysis of the water immediately after taking it, with an explanation and easy interpretation of the same to the Company. It shall also remit them to the Department so that it, in turn, will make the information available to the public within the term of two (2) working days, through signs posted in Spanish and English on the beaches concerned; printed flyers to be distributed at the beach facilities, web pages and a press release to the various local and international information media. In the event that a Blue Flag has been awarded to the pilot beach, this information shall also be placed near the flag.
(2) Information regarding the Blue Flag Program shall be provided, including the awarding criteria and its objectives, mentioning that the Program is attached to the Board. In the event that a Blue Flag has been awarded to the pilot beach, this information shall be placed on a panel next to said flag.
(3) The Department shall prepare a code of conduct, which shall be observed on the beach and its surroundings. Said code shall set forth the conduct of the beach users on the shore as well as in the water, and shall be distributed to the users through booklets or other appropriate means.
(4) Information for the public that includes standards of conduct and the location of areas or sites on the beach that have natural sensitive spaces or protected species, as well as the facilities related thereto, such as walkways, interpretation centers, nature classrooms, among others.
(5) Prompt public warning in the event of pollution on the beach or danger shall be notified through an alarm system, and through posting of signs in Spanish and English. This shall be contemplated in the emergency plans mentioned in subsection (a)(3) of this section.
(6) In the event that the endorsement of the Blue Flag Program is withdrawn during the period that any of the imperative criteria has not been complied with; and information to beach users of the reasons that originated such withdrawal.
(7) Regarding environmental education, it is mandatory to hold a minimum of five (5) activities that will encourage the participation of the local and tourist population, and associations with environmental objectives, for the following:
(A) Increase awareness and care of the coastal environment by the local users and tourists, as well as improve the training of the tourist service personnel on environmental matters.
(B) Encourage the participation of local and private interests in the coastal zone, in the Blue Flag campaign.
(C) Include water, waste or energy related actions.
(D) Promote the sustainable development and use of the area for tourism and recreation as an essential element of environmental education in coastal zones.
(c) Beach cleaning and waste collection.—
(1) Availability of an appropriate number of perfectly preserved waste bins and containers which shall be located on the beach and its surroundings, including those for the selective collection of paper, glass and aluminum cans, at least.
(2) Daily maintenance, emptying, and cleaning of the containers and waste bins.
(3) Mechanical or manual cleaning of the beach and sand area, and if needed, response and remedial action shall be taken in cases of pollution. Provided, That a daily manual check of the beach sand cleaning efforts shall always be conducted.
(4) Removal of refuse and adequate treatment thereof to ensure that the process of treatment and [disposal] is performed according to the applicable standards and in an environmentally friendly manner.
(5) Continuous watch for the presence of domestic, commercial or industrial waste in the sea, or from illegal dumps neighboring the beach.
(6) The municipality in which the beach attached to the Program is located shall develop a campaign informing the resident population, tourists, as well as the industrial sectors on the problem of residual waste to enlist their collaboration in the campaigns for the selective collection of residual waste throughout the municipality, including the immediate beach areas.
(7) Establish sanitary control standards in kiosks, and mobile vending stands located on the beach attached to the Program.
(d) Patrolling and lifeguard services.—
(1) Patrolling and lifeguard services according to the special characteristics of the pilot beach, such as: flow of tourists; size of the beach; morphology, waves, undertow, currents, and tides.
(2) Said service, according to the indicated factors, shall include:
(A) Trained lifeguarding personnel holding the necessary credentials to perform said duties.
(B) Adequate lifesaving and rescue equipment, which shall include transmitters to allow communication with the medical emergency service, and a medical first aid kit in the simplest cases, up to a team with rescue boats, an ambulance, or a first aid station in crowded beaches.
(C) Watchtowers to have full visibility and carry out daily patrolling of the bathing zone, which can be simultaneously used to raise flags indicating the condition of the sea.
(D) A loudspeaker system for the exclusive use of transmitting individual or general warnings of danger, reminders of the code of conduct, information of services rendered, location of lost persons or objects, etc.
(e) Easy and safe access.—
(1) Adequate signage to allow location of the beach from the main communication means and highways to the beach[sic], including easy, safe and well cared-for accesses to the sand and the sea for the public in general, and specifically for those persons who have a physical disability or who use strollers to carry their babies.
(2) Easy access to all services provided by the beach such as telephones, rest rooms and urinals, showers, drinking water and information facilities. To guarantee adequate access, and depending on the characteristics of the beach, the following must be complied with pursuant to applicable state or federal legislation or regulations:
(A) Zones reserved for vehicles of persons with disabilities.
(B) Elimination of architectural barriers that limit access of vehicles of disabled persons and baby strollers to the sand area, and public telephones easily accessed from the beach.
(C) Establish activities addressed to the integration, participation and enjoyment of persons with disabilities.
(D) The beach shall be open to all the public, excluding the payment of an entrance fee for the simple access by foot or the use of the beach, and without discrimination because they are not guests at a specific hotel or recreational facility. However, the above does not exclude the possible payment for the use of optional services such as parking areas.
(f) First aid.—
(1) This shall be a service to attend to persons who have suffered injury or an accident, whether on land or in the water, duly prepared for the possible transfer of such persons to a specialized medical center if necessary. The proximity of the beach to an urban center, and within it, to medical services, is in inverse proportion to the need of having specialized services in the area of the beach. Provided, That the first aid personnel may also work with lifeguarding and rescue personnel.
(2) First aid services must comply with the following:
(A) Personnel must be clearly identified and shall wear uniforms.
(B) The first aid station shall have a sign and shall be preferably located in the center of the beach or the central nucleus of bathers or users.
(C) Care of small wounds, insect bites and jellyfish stings, sunstroke and slight sunburns, among others, may also be attended to in the first aid station, free of charge and indiscriminately.
(D) It shall ensure that in crowded beaches there will be adequate coordination that includes the availability of an ambulance to allow speedy transportation to a medical center.
(E) Establish clearly visible signs informing about patrolling hours.
(F) Beaches with significant flow of foreigners shall have bilingual personnel.
(G) A register of incidents to keep a record thereof and enable an objective evaluation of them, as well as of the services rendered.
(g) Uncontrolled camping shall not be allowed.— In many cases, the surroundings of the beaches have significant ecological and cultural value that must be maintained and respected. Camping freely, in spite of the awareness and education of those who practice it, rarely ensures that these values shall be protected, which implies risks to the environment.
The Department and the National Parks Company shall amend the regulations for this activity to guarantee the faithful compliance with this subsection.
(h) Posting of signs and compliance with the coastal legislation.— Including, among other things:
(1) The control and marking of specific zones for activities incompatible with sea bathing by means of signs floating in the water, as well as on the sand.
(2) Establish signs through posts, panels, and beach maps, as well as of the uses allowed and services rendered in each of the zones in order to avoid conflicts between users.
(i) Drinking water.—
(1) Install drinking water fountains where users can consume free drinking water to meet their needs.
(2) Water fountains shall be shielded to prevent certain animals, such as birds and dogs, from polluting the water, faucets and spouts. Their design should prevent water from flowing constantly, or from being used for other purposes, or from draining freely into the sand.
(j) Sanitary facilities.—
(1) The mandatory and sufficient availability of sanitary facilities shall be conditioned to the potential volume of users of the beach.
(2) The location of showers is only recommendable according to the availability of water in the areas where the beaches are located, or the various demands or sanitary convenience derived from bathing in that zone.
(3) With regard to the use of sanitary facilities, emphasis shall be stressed on:
(A) Preventing uncontrolled or unlawful discharge of wastewater.
(B) Creating awareness and control on the use of soap and detergents in the showers that could be discharged directly on the sand.
(C) Forbid the washing of utensils and clothing in the drinking water fountains.
(D) Ensure their optimum maintenance and cleanliness.
(E) Locate the services so that they will not become architectural barriers, and guarantee complete integration and enjoyment by persons with disabilities, pursuant to the applicable legislation or regulations.
(k) Traffic of motor vehicles shall not be allowed.—
(1) The presence of motor vehicles without express authorization is forbidden in the beach area, as well as any type of motor car racing on the beach, because of its danger and polluting effect.
(2) The presence of authorized vehicles that fulfill a necessary function for the cleaning and maintenance of the beaches, such as sand cleaners, or for the safety of users (i.e. ambulances, Ranger Corps, Police) shall be limited to what is strictly essential, and shall be given proper maintenance in harmony with a good environmental effort and shall be in compliance with the applicable legislation or regulations.
(3) Vehicles shall never be allowed near the water’s edge. In locations with authorized access of vehicles to the beach surroundings, there shall be specifically designated parking areas, separate from the beach zones, and in the event there is a high number of vehicles, patrolling and control services shall be provided in order to ensure compliance with the rules.
(4) Promote the use of public transportation as well as sustainable transportation means in the beach area, as options to the use of private vehicles, for example: pedestrian access using beach promenades, or the use of bicycles enabled by bicycle lanes and parking for them.
(5) Prepare a reserved parking space for ambulances and, in areas of high traffic density, provide speedy access to emergency services on the beach.
(6) Limit access of vehicles to protected or fragile areas such as dunes or swamp ecosystems which must be regulated and clearly marked, and violators thereto must be penalized
(l) Prohibition of domestic animals.— Require compliance with applicable legislation or regulations regarding the limiting of the presence of dogs, horses, and other domestic animals on the beach, for sanitary reasons, with the exception of guide dogs, or those of law enforcement agencies, and horses of the Puerto Rico Mounted Police Unit.
History —Aug. 12, 2000, No. 173, § 7; Dec. 26, 2006, No. 296, § 1.