P.R. Laws tit. 12, § 8099
(a) Shall request to the Authority a certificate of conformity stating that the proposed activity is consistent with the public policy of the Authority, before filing a permit application with OGPe and subsequently requesting an operation permit from the Board. The certificate of conformity shall be considered a preliminary approval for which the Authority performs a general evaluation of the project’s elements. This certificate shall not be considered a final approval.
(b) Shall obtain the corresponding permits and shall meet all the requirements established in the laws and regulations of the Government of Puerto Rico and the Government of the United States, if applicable, pursuant to the provisions of this chapter. Furthermore, it shall meet the bond or surety posting requirement as provided by § 8093(b)(5) of this title.
(c) To obtain the aforementioned certificate from the Authority, the proponent shall submit the following information:
(1) An application letter for the Certificate of Conformity signed by the owner or his/her authorized representative.
(2) An explanatory memorial including, at least, the following requirements:
(A) Operating and rubber marketing plan with a description of the activities whereby the entire logistics pertaining to the processing, marketing, and exporting of scrap tires is explained in detail. The marketing plan shall include written agreements with end buyers and markets, through a letter of
intent certified by the end-use facility for the acquisition of rubber generated in such facility.
(B) In the event that a scrap tire processor engages in the export of his/her production, whether in whole or in part, he/she shall submit an alternative plan with another final consignee, in the event that the main final disposal facility closes down.
(C) Specify the physical location the processor facilities including the address, the land capacity, and the zoning classification of the area.
(D) Specify the approximate number of scrap tires to be processed on a daily basis, and the daily processing capacity of the equipment to be acquired.
(E) Proof of potential haulers who shall supply tires.
(F) The nature of the activity.
(G) The description of the process to receive tires in his/her facilities.
(H) The processing capacity of the equipment to be used.
(I) An inventory based on volume and weight, among others.
(J) The facility’s business hours.
(K) The information of the proponent, including registration in the Department of State authorizing him/her to do business in Puerto Rico. In the case of an existing corporation or entity, it shall present a certificate of good standing.
(d) Shall have a copy of the permits required by the Government of Puerto Rico available for inspection at the time of starting its operations.
(e) Shall accept and weigh, during its business hours and free of charge, all the scrap tire loads received in the facility from any hauler that has the corresponding permits from the Board and other agencies from the Government of Puerto Rico; provided, that it complies with the maximum allowed storage capacity and any other limitations and conditions established in the operation permits issued by the Board and other agencies of the Government of Puerto Rico. The initial and final weight of the trucks or containers shall be the basis to determine the net weight of the scrap tires to be processed. As an exception, and upon prior authorization, any other accurate measurement may be used to determine the initial weight, as approved by any other Commonwealth or Federal agency with regards to the hauling equipment used.
(f) Shall be responsible for using an electronic weighing system with a reliable record and control mechanism containing the data of the identity of each heavy truck or van, and with the capability to electronically transfer this information to the Board. Furthermore, the same shall follow a regular calibration program, as per the recommendations of the manufacturer of such system, and shall be certified by DACO or the corresponding agency.
(g) Shall sign and keep for five (5) years a copy of the manifests stating in detail the amount, in weight, of tires received from the hauler. They shall also verify that all the information contained in that document is correct and shall add the weight equivalent (in pounds) of said tires.
(h) Shall keep signed copies of the invoices for a term of not less than five (5) years as of the date of origin.
(i) Shall transfer the tires to a recycler or an end-use facility unless they also have an authorized processed scrap tire recycling, export, or end-use operation.
(j) May not impose additional requirements to those already stated, which result more burdensome, in order to receive loads from haulers, except for public liability insurance.
(k) Shall not store an amount of scrap tires, or its weight equivalent, in excess of that provided by the Board in the permit.
(l) Shall submit the following information to the Board:
(1) A quarterly report on the amount, in pounds, of scrap tires that have been received and processed in their facility with a copy of the haulers” manifests.
(2) Evidence of an updated safety plan that must be submitted annually or when required.
(3) A list of the scrap tire haulers registered in said facility which shall be submitted annually or upon request.
(m) Shall submit the following information to the Authority:
(1) A quarterly report on the amount, in pounds, of scrap tires received in the facilities, whether they be whole tires, tire chips, or crumb rubber.
(2) A report or list of the persons or markets that use or acquire tire chips, crumb rubber, tire-derived fuel, as well as data on the use thereof, if applicable. This document shall be submitted annually or at the request of the entities concerned.
(n) Noncompliance by the processor with the permits issued by the Board, as well as with the terms of this chapter or its regulations, shall entail the forfeiture, executed by the Board, of the bond or surety required by § 8093(b)(5) of this title; provided, that the Board deems that the funds are necessary to offset the noncompliance of the processor with the permit.
History —July 22, 2009, No. 41, § 10, eff. Oct. 30, 2011; July 12, 2011, No. 135, § 10.