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Law removes DEQ from DPW • Repeal of EO clears way for approval of federal program
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Posted on Dec 06 1999
The Division of Environmental Quality is now an independent regulatory agency directly under the Office of the Governor following the signing of a law repealing an executive order implemented more than five years ago by the previous administration.
The move will meet the federal requirements in line with the forthcoming comprehensive solid waste management program of the government, according to acting Gov. Jesus R. Sablan who signed the measure last Friday.
He said the U.S. Environmental Protection Agency had recommended the organizational revamp to remove DEQ under the wings of the Department of Public Works, which would have denied federal approval of the program due to conflict of interest.
“[T]his legislation is necessary to rectify this problem. It further allows the DEQ to work independently and effectively carrying its locally mandated task and meets the requirement of implementing federal programs in the Commonwealth,” said Mr. Sablan in signing Public Law 11-108.
Offered by Rep. Heinz S. Hofschneider, the measure sought the repeal of Executive Order 94-3 issued by former Gov. Froilan C. Tenorio in which he placed DEQ under the public work’s authority.
By doing so, the division will “appropriately carry out the policy and purpose” of the Commonwealth Environmental Protection Act through a sound environmental administration taking into account the divergent interests of all government departments as well as the needs of the public and the business sector.
“We feel that these goals can be more efficiently met if the DEQ is removed from the constraints of working from within the [DPW],” the law said.
“Having a regulatory agency such as DEQ placed within a department that it is tasked to regulate both diminishes its ability to carry out its mandated duties, and creates an inherent conflict of interest,” it added.
Mr. Sablan, who heads the Solid Waste Task Force, expects the completion of the new landfill in Marpi by the end of next year and the closure of the Puerto Rico dumpsite following that date as part of the comprehensive program that has been in place for over two years.
