Ley 200 del 2007
Resumen
Esta ley enmienda la Ley Núm. 111 de 12 de julio de 1985, conocida como la "Ley para la Protección y Preservación de Cuevas, Cavernas o Sumideros de Puerto Rico", para establecer un plazo para la redacción y aprobación de los reglamentos necesarios para la implementación de dicha ley. La ley original establece la política pública para la protección y conservación de cuevas, cavernas y sumideros, recursos naturales únicos por su formación, fauna, valor arqueológico e histórico, y su rol en el flujo de agua subterránea. La enmienda busca asegurar que el Departamento de Recursos Naturales y Ambientales cumpla con su responsabilidad de reglamentar para proteger estos recursos, estableciendo como fecha límite el 1 de enero de 2009 para la aprobación de dichos reglamentos.
Contenido
(No. 200)
(Approved December 14, 2007)
AN ACT
To amend Section 5 of Act No. 111 of July 12, 1985, as amended, known as the "Puerto Rico Caves, Caverns or Sinkholes Protection and Preservation Act," in order to establish a deadline for the drafting and approval of the regulations required by virtue of that provision of law.
STATEMENT OF MOTIVES
Act No. 111 of July 12, 1985, as amended, known as the "Puerto Rico Caves, Caverns or Sinkholes Protection and Preservation Act," provided the public policy of the Commonwealth of Puerto Rico for the protection and conservation of our caves, caverns and sinkholes. Said Act is implemented by the Department of Natural and Environmental Resources.
Caves, caverns and sinkholes constitute a unique natural resource due to their natural material formation, its fauna adapted to underground environment, its archaeological and historical value, being conductors and recipients of the flow of underground water and for providing an adequate environment for recreation and scientific research.
Our island faces several problems with respect to these resources. One of them is the provision of law regarding solid waste in caves, caverns and sinkholes. Another is the destruction of limestone knolls, resources that are frequently found in caves, caverns and sinkholes. In some cases, this could cause flooding, landslides, or landslips that affect lives and properties.
It corresponds to the Department of Natural and Environmental Resources to approve regulations to protect caves, caverns and sinkholes, as well as the power to issue permits, hold administrative hearings, issue orders, impose administrative sanctions and file judicial actions for the preservation of said natural resources.
To this day, the Department of Natural and Environmental Resources has not approved the regulations required since 1985 by the abovementioned Act No. 111. This situation impairs the implementation of said statute and of the public policy established almost nineteen (19) years ago with respect to the caves, caverns and sinkholes of Puerto Rico.
Therefore, it is convenient and necessary to establish through a provision of law a deadline for the Department of Natural and Environmental Resources to draft and approve the abovementioned regulations pursuant to Act No. 111 and Act No. 170 of August 12, 1988, as amended, known as the "Uniform Administrative Procedures Act."
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Section 5 of Act No. 111 of July 12, 1985, as amended, is hereby amended to read as follows: "Section 5.- Responsibility and Authority to Regulate The Secretary of Natural and Environmental Resources is charged with the responsibility of implementing the provisions of this Act, and is empowered to adopt the rules and regulations he/she deems necessary to comply with this responsibility, pursuant to Act No. 170 of August 12, 1988, as amended, known as the "Commonwealth of Puerto Rico Uniform Administrative Procedures Act." The Secretary of Natural Resources shall draft and approve regulations directed to the protection and preservation of caves, caverns and sinkholes no later than the first $\left(1^{ ext {st }} ight)$ of January of 2009.
Section 2.- This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 200 (H.B. 390) of the $6^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 5 of Act No. 111 of July 12, 1985, as amended, known as the "Puerto Rico Caves, Caverns or Sinkholes Protection and Preservation Act," in order to establish a deadline for the drafting and approval of the regulations required by virtue of that provision of law, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $31^{ ext {st }}$ of March of 2008.
Francisco J. Domenech Director