Esta ley enmienda la Ley Núm. 132 de 25 de junio de 1968, conocida como la Ley de Arena, Grava y Piedra, para ajustar la vigencia de los permisos de extracción de materiales de la corteza terrestre. La enmienda extiende el término máximo de estos permisos de tres a cinco años, alineándolos con la vigencia de los documentos ambientales requeridos para su emisión, como las declaraciones de impacto ambiental y las evaluaciones ambientales. El objetivo es agilizar el proceso de emisión y renovación de permisos, manteniendo las facultades del Secretario del Departamento de Recursos Naturales y Ambientales.
(Approved September 15, 2004)
To amend Section 5(a) of Act No. 132 of June 25, 1968, as amended, known as the Sand, Gravel and Stone Act, to adjust the terms of effectiveness of the permits for the extraction, excavation, removal and dredging of material from the earth's crust in the Department of Natural and Environmental Resources, pursuant to the extension of the environmental documents required for the issuing of same.
The protection and adequate use of our natural and environmental resources is a priority of the Legislature. In our society, it is essential to harmonize our industrial development with the adequate protection of our environment. It is a priority to watch over our resources in order to ensure a better quality of life. Inspired by the search for balance between such important aspects of our lives as a people, our Legislature approved Act No. 132 of June 25, 1968, as amended.
The plan adopted by said legislation granted jurisdiction to the Department of Natural and Environmental Resources over activities for the extraction, excavation, removal and dredging of material from the earth's crust. In said legislation, the Secretary of said Department was empowered to grant permits to carry out these activities in accordance to the requirements and limitations established therein.
Based upon the present situation and the continuous and dynamic social, economic, technological and industrial changes, it is necessary to adapt the legislation with the daily tasks of improving our economy and guaranteeing a
better quality of life in order to achieve an appropriate balance among all the interests involved.
In many cases, government agencies require a series of environmental documents such as declarations of environmental impact or environmental evaluations to grant permits for the extraction, excavation, removal and dredging of material from the crust. As provided in the Regulations for the Presentation, Evaluation and Processing of Environmental Documents Procedures of the Environmental Quality Board, environmental evaluations that have complied with the evaluation procedures shall be in effect for five (5) years from the time in which the decision of the Environmental Quality Board regarding compliance with the provisions in Section 4-C of the Environmental Public Policy Act is final and binding, until the proposed action is begun or completed, provided that no significant changes are added to the proposed project.
On the other hand, declarations of environmental impact that have complied with the evaluation process shall be in effect for ten (10) years from the time in which the decision of the Environmental Quality Board regarding compliance with the provisions in Section 4-C of the Environmental Public Policy Act is final and binding, until the proposed action is begun or completed, provided that no significant changes are added to the proposed project.
As it is established in Act No. 132 of June 25, 1968, as amended, permits for the extraction, excavation, removal and dredging of material from the earth's crust are granted for a term of not more than three (3) years. Thus, the applicant acquires an environmental document required for the granting of said permit which certifies compliance with the restrictions for a term of five (5) or ten (10) years, as the case may be, which creates a discrepancy between this term and the effectiveness of the permit.
For such purposes, the Legislature deems it necessary to expedite the process
for the issuing of the extraction permits, and especially for the renewal, thereof adjusting the terms of effectiveness of the environmental documents with the terms allowed for the activities. We hereby address such a need without impairing the powers granted to the Secretary and the Department of Natural and Environmental Resources.
Section 1.- Section 5(a) of Act No. 132 of June 25, 1968, as amended, is hereby amended to read as follows: "Section 5.-Permits-Limitations
(a) The permits shall state the conditions and limitations regarding the activities they authorize. The permits shall be granted for a term not to exceed five (5) years and shall not be subject to transfers or cessions of any sort without the approval of the Secretary. The Secretary shall establish the date of effectiveness of the permits taking into consideration the time it shall take the holder thereof to initiate the authorized activity and furthermore, for just cause, he/she shall have authority to reduce or extend the same. The Secretary shall be empowered to extend its effectiveness, among other reasons, to compensate for the time during which a concessionaire is unable to use his/her permit due to causes beyond his/her control.
(b) ...
(c) ...
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(e) ... (1) ... (2) ... (3) ...
(4) ... (5) ...
(f) $\ldots$
(g) ..." Section 2.-The Secretary of the Department of Natural and Environmental Resources is hereby directed to update and adopt the necessary regulations to comply with the purposes of this Act.
Section 3.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 289 (H.B. 4058) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 5(a) of Act No. 132 of June 25, 1968, as amended, known as the Sand, Gravel and Stone Act, to adjust the terms of effectiveness of the permits for the extraction, excavation, removal and dredging of material from the earth's crust in the Department of Natural and Environmental Resources, pursuant to the extension of the environmental documents required for the issuing of same, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $1^{ ext {st }}$ of November of 2005.
Francisco J. Domenech Director