Puerto Rico Supreme Court decision does not affect the safe management and disposal activities of coal combustion residuals performed by EC WasteEC Waste

Puerto Rico Supreme Court decision does not affect the safe management and disposal activities of coal combustion residuals performed by EC Waste

BY Webmaster / ON Oct 01, 2018

The Environmental Quality Board had already assumed jurisdiction over the activities of the company, regulating and authorizing its operations

EC Waste reaffirms its right to continue its activities of safe management and disposal of coal combustion residuals in its facilities, after carrying out a responsible legal analysis of the Puerto Rico Supreme Court decision that validated the authority of the municipality of Peñuelas to regulate the use of ash-based aggregate as a filling material for construction. This analysis, which has been formally submitted before the Courts of First Instance of Humacao and Ponce in an Informative Motion, establishes that the Environmental Quality Board (EQB) had already assumed jurisdiction and authorized the activities carried out by EC Waste in relation to coal combustion residuals in Puerto Rico.

“The decision of the Puerto Rico Supreme Court in the case of Municipio de Peñuelas v. Ecosystems does not affect the legal framework under which EC Waste operates. In fact, that case was not a legal controversy against EC Waste but a lawsuit against another company, and the opinion specifically addresses the unregulated use of coal combustion residuals as construction fill material. Regarding EC Waste, the EQB has already assumed jurisdiction over the regulation of its activities by adopting the requirements of the Federal Environmental Protection Agency (EPA) for the disposal of non-hazardous materials, such as coal combustion residuals, and granting permits to EC Waste for the safe disposal of the material”, explained Anthony Murray, legal counsel for EC Waste.

The Informative Motion filed by EC Waste states that, in terms of its operations, the EQB established and expressed its public policy in a clear and consistent manner through multiple resolutions and permits that authorize the operations of the landfills owned by EC Waste in Peñuelas and Humacao, properly named the Peñuelas Valley Landfill (PVL) and El Coquí Landfill (ECL). Those resolutions and permits were granted in compliance with the provisions of Regulation No. 5717, adopted on November 14, 1997, as amended, known as the “Regulation for the Management of Non-Hazardous Solid Waste”. Coal combustion residuals and manufactured aggregate based on these materials fall under the definition of non-hazardous solid waste of Regulation 5717, which has been implemented and inspected by the EQB for more than 20 years, as well as in its multiple interpretative resolutions regarding these materials from 1996 to the present. Contrary to the case of Ecosystems, the EQB expressly authorized PVL and ECL for the disposal of coal combustion residuals.

“Contrary to their claims, the Mayor of Peñuelas and radical political groups do not have the authority to block or prohibit the safe disposal of coal combustion residuals by EC Waste. The company has the express right and unquestionable endorsement of the EQB, and fully complies with all EPA criteria and regulations for the management and disposal of coal combustion residuals”, added Ricardo Soto, spokesman for EC Waste.

According to Puerto Rico’s Autonomous Municipalities Act of 1991, every municipal ordinance has to be in harmony with state regulations, which must prevail in conflictive situations. Therefore, the express authorization of the EQB allows EC Waste to use and dispose coal combustion residuals in its landfills. Furthermore, it expressly prevents municipalities like Peñuelas and their elected representatives from violating the Puerto Rican Constitution, laws and state regulations using municipal ordinances for their personal gain to block commerce and prohibit in this case, EC Waste’s safe management and disposal of coal ash.

“In light of this analysis, EC Waste is entitled to continue all its operations, as authorized and regulated by the EQB, including those related to the management and safe disposal of coal ash. The constitutional duty of enforcing the law now rests solely with the governor, law enforcement authorities and the mayor of Peñuelas. We look forward to resuming coal ash disposal”, added Ricardo Soto, spokesman for EC Waste.

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