Necessary expenses in connection with responsive actions as incurred by the Environmental Quality Board and the agencies, departments, municipalities, corporations, and public instrumentalities lending support to the Board in striving to accomplish the objectives of this chapter to handle an environmental emergency, including the corresponding legal expenses, may be recovered by the Environmental Quality Board by means of an Administrative Order issued by such Board or through civil action instituted at the General Court of Justice of Puerto Rico or the courts of the United States of America, represented by its attorneys, the Secretary of Justice or a private attorney contracted for that purpose, against any person held responsible under this chapter or under the provisions of Subchapters II and IV of this chapter. The Board may recover three times the total amount of expenses incurred by the Board and the agencies, departments, municipalities, corporations, and public instrumentalities. The expense certification issued by the Environmental Quality Board shall constitute prima facie evidence of the fact that the expenses thus certified are necessary and reasonable. Any party adversely affected by a resolution, order or decision of the Environmental Quality Board in connection with the aforementioned certified expenses may request an administrative reconsideration or a judicial review pursuant to the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”.
History —Sept. 22, 2004, No. 416, § 43, eff. 6 months after Sept. 22, 2004.