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Strategies Available in Puerto Rico to Reduce Potential Environmental Liabilities and Self Disclosure Incentives for Current Owners and Operators. www.gaclaw.com. Gretchen Mendez- Vilella Puerto Rico 787.759.4207 [email protected] Potential Liabilities in Puerto Rico.

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Strategies Available in Puerto Rico to Reduce Potential Environmental Liabilities and Self Disclosure Incentives for Current Owners and Operators

www.gaclaw.com

Gretchen Mendez-Vilella

Puerto Rico

787.759.4207

[email protected]


Potential liabilities in puerto rico
Potential Liabilities in Puerto Rico Environmental Liabilities and Self Disclosure Incentives for Current Owners and Operators

EQB may impose penalties for non-compliance up to $25,000 per day of violation.

EPA may impose penalties up to $25,000 per day of violation (as affected by inflation factors)

EPA, when calculating penalties, assesses two (2) components: the gravity based and the economic benefit derived for non-compliance

EQB and EPA may initiate criminal enforcement under the Puerto Rico Criminal Code and environmental statutes.


Strategies available
Strategies Available Environmental Liabilities and Self Disclosure Incentives for Current Owners and Operators

Pollution Prevention and Source Reduction

Developing and Implementing Protocols and Procedures aimed at maintaining environmental compliance

Internal Programs for compliance audits

Self Disclosure


Self disclosure incentives
Self Disclosure Incentives Environmental Liabilities and Self Disclosure Incentives for Current Owners and Operators

EPA’s “Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations” has been in effect since 1995.

These incentives are for regulated entities that voluntarily discover, promptly disclose and expeditiously correct noncompliance, making formal EPA investigations and enforcement actions unnecessary.

The incentives do not apply to repeat violations; or


Self disclosure incentives1
Self Disclosure Incentives Environmental Liabilities and Self Disclosure Incentives for Current Owners and Operators

violations which may:

result in serious actual harm;

have presented an imminent and substantial endangerment, and

violate the administrative or judicial order or consent agreement conditions.


Benefits of epa s audit policy
Benefits of EPA’s Audit Policy Environmental Liabilities and Self Disclosure Incentives for Current Owners and Operators

Significant penalty reductions. 

No gravity-based penalties if all nine of the Policy’s conditions are met. EPA retains its discretion to collect any economic benefit that may have been resulted from any non-compliance.

Reduction of gravity-based penalties by 75% where the disclosing entity meets all of the Policy’s conditions except detection of the violation through a systematic discovery process.

No recommendation for criminal prosecution 

No routine requests for audit reports wouldbe made


Conditions for penalty mitigation
Conditions for Penalty Mitigation Environmental Liabilities and Self Disclosure Incentives for Current Owners and Operators

Entities that satisfy the following conditions are eligible for Audit Policy benefits.

Systematic discovery 

Voluntary discovery 

Prompt disclosure 

Independent discovery and disclosure 

Correction and remediation 

Prevent recurrence of the violation.

Cooperation by the disclosing entity is required.


www.gaclaw.com Environmental Liabilities and Self Disclosure Incentives for Current Owners and Operators

Questions ?

Gretchen Mendez-Vilella

Puerto Rico

787.759.4207

[email protected]


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