Esta ley enmienda la Ley Orgánica de la Autoridad de Acueductos y Alcantarillados de Puerto Rico (AAA) para establecer una contribución reducida del 25% del cargo regular por conexión al sistema de alcantarillado para proyectos de remediación o limpieza ambiental. Define una 'unidad' para estos proyectos como 400 galones de aguas residuales por día y define el concepto de 'proyecto de remediación o limpieza ambiental'. El propósito es incentivar la limpieza de terrenos y aguas contaminadas, reconociendo los altos costos de estos proyectos y el beneficio público de la restauración ambiental.
| (No. 248) |
|---|
| (August 30, 2000) |
To amend Section 3 of Act No. 170 of July 23, 1974, known as "Puerto Rico Aqueduct and Sewer Authority Organic Act," in order to establish that for environmental remedy or cleaning projects, there shall be a contribution that shall be $25 %$ of the charge established for each unit to be connected to the sewer system of the Puerto Rico Aqueduct and Sewer Authority; to amend Section 1 of Act No. 170, with the purpose of amending the definition of unit, to clarify that, for environmental remedy or cleaning projects, a unit shall be equal to 400 gallons of waste water a day regarding the sewer system; and to amend Section 1 of Act No. 170 to define the concept of environmental remedy or cleaning.
Environmental remedy or cleaning projects, as they are known in the environmental field, have the main purpose of repairing, correcting, remedy or clean up damages caused to a piece of land, subsoil, superficial waters and underground waters, which put these sites at a risk of contamination. The costs of cleaning up or remedy of these projects are extremely high due to the need to employ advanced treatment equipment and high technology to remedy contaminated land or waters. These costs soar even higher when adding expenses related to permits, authorizations, concessions and charges necessary to carry out the clean-up works. Unfortunately, contrary to other jurisdictions in the United States, Puerto Rico agencies in charge of safeguarding and protecting the environment do not provide for any
exceptions, incentives or alternate mechanisms to facilitate the viability of these environmental remedy projects.
Among the main priorities of the Government of Puerto Rico lie the preservation, conservation, and protection of the environment and the natural resources in order for future generations to be able to use and enjoy the same. Contrary to the inaction of past administrations, the present Government of Puerto Rico is determined to establish and implement the measures needed to provide incentives for the remedy and cleaning up of our environment and natural resources.
In environmental remedy projects for contaminated underground waters, sophisticated equipment or pollutant removal units are used, the operation of which consists in the extraction of underground waters and subsequent treatment and discharge of the same. In spite of the fact that the most common practice in cases of contaminated water clean-up is the reinjection of the waters after treated into the aquifer, in many situations the conditions and the geological formations of the area render the re-injection method unsuitable or incompatible. Under these circumstances, one of the most viable methods to discharge treated waters is by means of connecting these to the sewer connected to the treatment plants of the Aqueduct and Sewer Authority.
The present sewer system connection charges are $500 for each unit to be connected (initial connection, based upon the total of gallons to be discharged in one day or increase in discharge) to the system of the Authority. Pursuant to the Reglamento Para la Imposición y Cobros de Cargos por el Derecho a Conectarse y Usar los Sistemas de Acueductos y Alcantarillados de la Autoridad [lit.: Regulations for the Assessment and Collection of Charges for the Right to be Connected and to Use the
Aqueduct and Sewer System of the Authority], the term unit for environmental remedy or clean-up projects is determined as one more unidentified case under Act No. 170 of July 23, 1974, that is, resorting to what is established in the Reglamento de Normas de Diseño de la Autoridad [lit.: Design Standards Regulations of the Authority]. According to this last set of regulations, a unit for these cases consists at present of 350 gallons per day. Based on the total volume of water to be discharged in one day, the connection charge translates into $500 for each 350 gallons of treated water to be discharged a day into the sewer system. Taking into consideration the great amount of underground water extracted for treatment and its subsequent discharge, the charge reaches a highly excessive amount. Even more so when the remedy projects, whether voluntary in nature or by order, contribute in a great measure to the restoration of the environment and natural resources.
The Government of Puerto Rico holds the interest of promoting and facilitating the viability of environmental remedy projects, so that persons and entities may take the initiative of conducting such important clean-ups within a flexible regulatory space or environment. Likewise, there is an interest for these projects to concentrate their resources and budgets in the preparation of the technical studies necessary and the use of scientifically accepted technologies for the most efficient viable clean-up of the natural medium or resource to be remedied.
We deem that a positive incentive to promote the clean-up of our water resources would be the reduction in the existing sewer system connection charge and the increase in what respects to the equivalent of each unit for these environmental remedy projects. Bearing in mind the present financial situation of the Authority and the reduced number of existing projects or of
those that could use the sewer discharge option, we believe it to be reasonable and appropriate for the environmental remedy or clean-up to contribute twenty-five percent ( $25 %$ ) of the charge established for the connection of each unit into the sewer system of the Authority, being it understood that each unit is equal to 400 gallons of water to be discharged per day in what respects to the sewer system. The Government of Puerto Rico understands that the restoring benefit of these projects shall reflect positively on the quality of life of citizens and the future generations in our country. For this reason, said general benefit is greater than any private interest that could be affected as a result of the approval of this important Act.
Section 1.- Subsection
(c) of Section 1 (Charges for connection and uses of the system—Definitions) of Act No. 170 of July 23, 1974, to read as follows: "(c) Unit-Means a dwelling or apartment with one or more bedrooms; each hotel room; each hospital room for a single patient (it being understood that rooms for various patients shall constitute a different unit for each two patients); for environmental remedy or clean-up projects, 400 gallons of water to be discharged per day in respect to the sewer system; and in the case of buildings or structures for other commercial uses or for industrial uses, a daily estimate of 400 gallons of water consumption regarding either system."
Section 2.- Section 1 (Charges for connection and uses of the systemDefinitions) of Act No. 170 of July 23, 1974, is hereby amended to add a new subsection
(g) , to read as follows:
"(g) Environmental remedy or clean-up project-for the purposes established herein, it means an action proposed or carried out, whether voluntarily or by order of any agency of the Commonwealth of Puerto Rico or the Federal Government, with the purpose of cleaning up, repairing, restoring or correcting damages inflicted to the subsoil, which places a water supply at risk of becoming contaminated or has been contaminated."
Section 3.- Section 3 (Permanent) of Act No. 170 of July 23, 1974, is hereby amended to read as follows: "The fee or provisional charge established in Section 165 of this title shall continue in force until a permanent charge becomes effective for the same right of connection and use of the system of the Authority, approved by the latter in accordance to the provisions of Sections 144 and 158 of this title, for which it is hereby further empowered by Sections 164 to 167 of this title. For environmental remedy or clean-up projects, said permanent charge for connection and use of the sewer system shall be $25 %$ of the charge established for each unit to be connected to the sewer system of the Authority. The discharge of environmental remedy or clean-up into the sanitary sewer system shall be authorized, provided the collection system and the treatment plant for used waters of the PRASA have the hydraulic capacity to accept and process the same. Furthermore, the discharge conditions and standards established by the Pretreatment Program of the PRASA and not to impact negatively the operation, maintenance and compliance of the collecting system and the treatment plant into which it intends to discharge."
Section 4.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 248 (S.B. 2535) of the $7^{ ext {th }}$ Session of the $13^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 3 of Act No. 170 of July 23, 1974, known as "Puerto Rico Aqueduct and Sewer Authority Organic Act," in order to establish that for environmental remedy or cleaning projects, there shall be a contribution that shall be $25 %$ of the charge established for each unit to be connected to the sewer system of the Puerto Rico Aqueduct and Sewer Authority; to amend Section 1 of Act No. 170, with the purpose of amending the definition of unit, to clarify that, for environmental remedy or cleaning projects, etc., has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $13^{ ext {th }}$ of August of 2004.
Elba Rosa Rodríguez-Fuentes Director