P.R. Laws tit. 12, § 8002j
(a) Any person who infringes any provision of this chapter or the rules and regulations adopted thereunder, or who fails to comply with any resolution, order or agreement dictated by the Board, shall be guilty of a misdemeanor, and upon conviction, punished by a fine not lesser than two hundred dollars ($200) and not greater than five hundred dollars ($500). In the discretion of the court, an additional fine of five hundred [dollars] ($500) may be imposed for each day the violation persisted.
In those cases in which such infractions relate to the Hazardous Waste, Water Quality, Underground Injection Control, and Lead Paint Removal Permit and Certification Programs, the person shall be guilty of a felony and sanctioned with imprisonment for a fixed term of nine (9) months. Should there be aggravating circumstances, the established fixed penalty may be increased up to a maximum of one (1) year; should there be mitigating circumstances, the penalty may be reduced down to a minimum of six (6) months and one (1) day. Furthermore, the court shall impose a fine not lesser than ten thousand dollars ($10,000) a day and not greater than twenty-five thousand dollars ($25,000) for each day such violation persisted.
(b) In addition to the fine minimum specified in this chapter, the Board, represented by the Secretary of Justice or his/her attorneys, is hereby authorized to resort to any court with competent jurisdiction to recover the total value for damages to the environment and/or the natural resources of Puerto Rico caused by such violation.
The amounts collected on account of sentences shall be covered into the special account set for the Board, to be used by the latter.
(c) The Environmental Quality Board is hereby empowered to impose administrative fines and sanctions for infractions of this chapter, or of the orders, rules, and regulations issued and approved by the Board under this chapter. Administrative fines shall not exceed twenty-five thousand dollars ($25,000) for each infraction, being it understood that each day the infraction persists shall be deemed to be a separate violation.
(d) In the event that the Board should make a finding of contempt in the commission or continuance of acts for which an administrative fine ha already been imposed or in the commission or continuance of acts in violation of this chapter and the regulations thereunder, or a finding of contempt in the noncompliance with any order or resolution issued by the Board, the latter, in exercising its discretion, may impose an additional administrative fine up to a maximum of fifty thousand dollars ($50,000) for any of the acts indicated herein.
(e) Any person who knowingly makes any false representation, certification or statement under this chapter, the regulations approved thereunder, who knowingly makes any false representation in any report required by the Board under this chapter or the regulations thereunder; or who knowingly and so as to produce inaccurate results, alters any tracking facility or method that has been required by the Board, shall be guilty of a misdemeanor, and upon conviction, punished by a fine not lesser than one hundred dollars ($100) and not greater than five hundred dollars ($500).
In those cases in which such infractions relate to the Hazardous Waste, Water Quality, and Underground Injection Control Programs, the person shall be guilty of a felony and sanctioned with imprisonment for a fixed term of nine (9) months. Should there be aggravating circumstances, the established fixed penalty may be increased up to a maximum of one (1) year; should there be mitigating circumstances, the penalty may be reduced down to a minimum of six (6) months and one (1) day. Furthermore, the court shall impose a fine not lesser than ten thousand dollars ($10,000) a day and not greater than twenty-five thousand dollars ($25,000) a day for each violation, being it understood that each day the infraction persists shall be deemed to be a separate violation.
(f) The amounts collected on account of administrative fines imposed by the Board and all civil and criminal fines imposed by the courts under the provisions of this chapter shall be covered into the Special Account Set For the Environmental Quality Board.
(g) The Environmental Quality Board is hereby empowered to impose administrative fines and sanctions against any person who violates any provision established in the Air Operation Permit Program under Title V of the Clean Air Act, as amended, or any permit condition or any application charges or fees imposed pursuant to such Program. The administrative fine thus imposed shall not exceed twenty-five thousand dollars ($25,000) for each infraction, being it understood that each day the infraction persists shall be deemed to be a separate violation.
(h) The Board, represented by its attorneys or by any other attorney it may designate, or by the Secretary of Justice or his/her attorneys, is hereby authorized to resort to any court with competent jurisdiction in order for civil penalties to be imposed or recovered, which penalties shall not exceed twenty-five thousand dollars ($25,000) for each violation, against any person who violates any provision established under the Air Operation Permit Program, Title V of the Clean Air Act, as amended, any term or condition of any permit issued under such Program, any order issued by such Program, or any application charges or fees imposed by such Program, being it understood that each day the infraction persists shall be deemed to be a separate violation.
(i) Any person who knowingly violates any provision established in the Air Operation Permit Program under Title V of the Clean Air Act, as amended, or any condition of the permit or any permit application charges or fees imposed by such Program, and any person who knowingly makes any material statement, representation or certification that is in any way false on any notices or reports required by any operation permit under Title V of the Clean Air Act, as amended, or who knowingly renders inoperative any sampling equipment or method required pursuant to the Program, shall be guilty of a felony, and upon conviction, sanctioned by a fine not lesser than one thousand dollars ($1,000) and not greater than twenty-five thousand dollars ($25,000) for each violation, being it understood that each day the infraction persists shall be deemed to be a separate violation, with punishment by imprisonment for the fixed term of one (1) year. Should there be aggravating circumstances, the fixed imprisonment term may be increased up to a maximum of eighteen (18) months; should there be mitigating circumstances, the term may be reduced down to a minimum of six (6) months.
(j) Any person affected by violations of the Operation Permit Program under Title V of the Clean Air Act, as amended, is hereby empowered to appear before the courts to enforce compliance by the owner or operator with the provisions of the Program and/or the permit, as the case may be, after the person thus affected has notified the Board about the violation and the latter has not taken any administrative action on the matter within sixty (60) days as of the date of notice. Should the court determine that a violation has been committed, the latter may order an adequate remedy and/or impose the civil penalties established in subsection (h) of this section.
(k) The amounts collected on all administrative fines imposed by the Board and the amounts collected on civil and criminal fines imposed by the courts shall be covered into the Special Account Set For the Environmental Quality Board. The amounts collected on civil and criminal fines imposed by the courts under subsections (h), (i) or (j) of this section or which are attributable to violations of permits under Title V of the Clean Air Act, as amended, shall be destined to environmental research projects.
(l) Any person who violates the provisions of this chapter or the regulations adopted thereunder shall be subject to the additional penalty of attending courses or workshops promulgated, adopted or approved by the Environmental Quality Board for the purpose of creating awareness about the damages to the environment as well as for stimulating the health and wellbeing of human beings in harmony with the natural resources of Puerto Rico.
History —Sept. 22, 2004, No. 416, § 16; July 13, 2007, No. 68, § 2, eff. 6 months after July 13, 2007.