P.R. Laws tit. 24, § 341j

2019-02-20 00:00:00+00
§ 341j. Dispensation

(a) Any person who owns or is in control of any factory, building, structure, establishment of equipment which constitutes or may constitute a source of contamination, may request from the Secretary to be exempted from the application of the provisions of this chapter or the regulations adopted thereunder. The Secretary shall only be able to grant such dispensation if after a duly notified public hearing is held he determines that:

(1) The emissions do not affect nor tend to affect public health, safety or property, or

(2) the compliance with this chapter or the regulations would produce serious inconveniences to the interested party without creating equal or greater benefits to the public, or

(3) the means for the adequate prevention, diminution or control, of the atmospheric contamination in question are not known or are not available; the dispensation shall be in effect until such means are available for the applicant and shall be subject to any other substitute measure prescribed by the Secretary, or

(4) in order to comply with the provisions of this chapter or the regulations, a determined period of time is required; the dispensation shall be granted for that period of time deemed reasonable by the Secretary for the compliance with said requirement.

(b) Any dispensation granted in accordance with the provisions of this section shall be subject to review by the Secretary when he so deems convenient. Furthermore, it shall be subject to renewal under the terms and conditions and for the periods deemed convenient by the Secretary, provided, that the renewal is requested not less than sixty (60) days prior to the expiration of same. The Secretary shall make public all renewal applications.

(c) Nothing herein provided, nor any granting of dispensation or renewal of same shall be construed as limiting the application to any person or to his properties of the provisions and emergency procedures outlined in § 341i of this title.

History —June 28, 1968, No. 157, p. 494, § 12, eff. 120 days after June 28, 1968.