Unenforced Orders, Worthless Consent Decrees and No Fines for Lawbreakers 

(SAN JUAN, P.R. – April 27, 2017) Puerto Rico Limpio released a new report today after a painstaking investigation of EPA documents obtained through the Freedom of Information Act (FOIA) which belie the Agency’s public claims of great progress towards closing 12 toxic, non-compliant municipal landfills in Puerto Rico. The report reveals that, in fact, the EPA has known that 19 out of the island’s 29 landfills are illegal open dumps, and continue to operate despite openly violating federal law.

“The report reveals yet more evidence of criminal neglect by the EPA,” said Hiram J. Torres Montalvo, co-founder of Puerto Rico Limpio. “Recent actions in Toa Alta and Santa Isabel are simply an elaborate cover-up by the EPA to hide 8 years of bureaucratic ineptness and criminal negligence.”

The new report, entitled “How the EPA Continues to Poison Puerto Rico”, had a number of key findings based on EPA documents and other evidence posted online with the report today:

  • No evidence was found that any of the still-open landfills “facing action” or consent decrees have been brought into compliance over the last decade.  In fact, all of them continue to break federal laws and continue to pose an imminent threat to the environment and to the public.
  • A letter in 2011 from the Obama Administration to the EQB under Governor Luis Fortuño warned against being too hasty in closing toxic landfills, making lighter enforcement a policy of the EPA.
  • In the list of 12 landfills “under EPA action,” the EPA was found to have systematically failed to follow through, letting deadlines pass repeatedly, allowing operators to ignore benchmarks and endlessly postpone even minimal improvements.
  • The EPA knew of the environmental harm and persistent threat for years even while issuing consent decrees and administrative orders, and never immediately suspended operations at any landfill despite the danger. The most recent example was the administrative order issued against Toa Alta landfill on April 11 of this year, which detailed extreme violations of RCRA and multiple iterations of the “imminent endangerment to human health and the environment” but allowed the landfill to continue receiving and dumping waste in unlined cells through the end of the year.

“Recent comments by certain individuals claiming they do not have the regulatory authority to close, that a lock won’t work, a transfer station cannot be built or the fiscal situation prevents closure, is simply perpetuating an environmental crime against their fellow citizens,” said Torres Montalvo.

To read “How the EPA Continues to Poison Puerto Rico”, visit:


The Capitol of Puerto Rico (Capitolio de Puerto Rico) in San Juan, Puerto Rico

Esteemed Senators:

Today, the Senate will have its first debate about landfill policy in Puerto Rico, but we hope that it will really tackle what needs to be debated: the issue of toxic landfills on the Island. The issue at hand cannot be turned into a distraction which clouds the reality of a crucial question which affects many more than just a group responsible for heading up a campaign against the deposit of coal ash in a compliant landfill in Penuelas.

In today’s debate, I hope you will not forget the evidence provided by proven cases of illegal operations that have violated federal and Commonwealth laws in the toxic, non-compliant municipal landfills in Anasco, Arecibo, Arroyo, Barranquitas, Cabo Rojo, Cayey, Culebra, Florida, Guayama, Hormigueros, Isabela, Jayuya, Juana Diaz, Juncos, Lajas, Moca, Toa Alta, Toa Baja, Vega Baja and Yauco.  These are municipal landfills that the U.S. Environmental Protection Agency has recorded as presenting “an imminent danger to human health and the environment”, poisoning the groundwater, the soil and the air in these communities and breaking almost every federal rule for landfill compliance that is in effect.  Every one of these toxic landfills is open and operating right now as you meet in the Capitolio, and there has never been one single Independentista leader who has had any sympathy for these communities suffering from the pollution generated by these toxic landfills. I can say this, because Puerto Rico Limpio has been fighting to close these landfills without them providing any support.  The debate which is to take place today should focus on getting a clear public policy about solid waste management.

This group which has been demonstrating should meet with the neighbors of Candelaria, next to the toxic landfill in Toa Baja, where the toxic contamination was documented just last month by the Puerto Rico and mainland U.S. media when Rep. Luis V. Gutierrez toured the area.  Neither have Senator Maria de Lourdes Santiago nor Mayor Carmen Yulin ever been to the Toa Alta landfill neighborhood nor have they spoken to Connie Calise Citron.  For years, Connie has watched the illegal mountain of unlined toxic trash grow bigger and bigger and the leachates pour out of the site and into the community. Given this situation, the neighbors have had to leave their houses being because the Government of Puerto Rico has abandoned all these communities who have suffered real contamination, real hardships, threats to their health, their drinking water and their quality of life.  All of this has been documented. It would be terrible that today, while this session is taking place in the Senate, they continue to abandon all of these communities.

Puerto Rico Limpio has comprehensively documented the depth of the landfill crisis and proposed real policy solutions to the Congressional Task Force on Economic Growth in Puerto Rico.  Our 4-point plan focuses on: 1) revoking the permitting authority of the Puerto Rico Environmental Quality Board (EQB); 2) closing toxic dumps immediately; 3) repurposing closed landfills for conversion to better uses, like clean, sustainable energy alternatives like solar and wind generation; and 4) adopting a plan for full compliance. Unfortunately, neither Maria de Lourdes Santiago and Carmen Yulin or their pro-Independence comrades have supported our efforts.

I join in continued solidarity with the 20 disadvantaged and forgotten communities all across Puerto Rico in urging the Senate to urgently include their suffering, and end what the EPA has called an imminent danger and threat to them, by closing the non-compliant and toxic landfills across the Commonwealth. Also, they should hold a real debate about solid waste management reform for Puerto Rico.  If you abandon the thousands more who need to be defended, you will be only increasing the suffering of these people and allowing the danger around the toxic landfills in Puerto Rico to continue, transferring the bigger and more devastating costs into the future.

Co-founder, Puerto Rico Limpio


In August 2014, the U.S. Environmental Protection Agency announced an agreement with the municipality of Lajas for “improvements” at its landfill as part of its eventual full closure in July 2017. The EPA said those improvements would include “covering exposed areas on a daily basis, implementing measures to reduce storm water, and reducing the amount of dust at the landfill. In addition, the municipality will level out steep slopes at the landfill, which will decrease the chances of a landslide and runoff. The municipality will improve the landfill’s security, and will inspect all incoming loads of waste to the landfill to prevent the disposal of hazardous wastes, certain liquid wastes, scrap ties, recyclable materials, and refrigerators and other appliances. Finally, Lajas has agreed to close all areas of the landfill that are currently being used by July 1, 2017.”

Lajas was one of seven landfills ordered closed in September 2014.  At that time, Mayor Marcos “Turín” Irizarry Pagán said he’d received an earlier notification in 2013 from EPA that included plans for a “total closure” of the landfill.  “I met with them and did everything they told me and signed an agreement for the closure of the cell that is operating.  I have a space that is Cell 1B that they told me has the availability to last until 2017 and it is conditioned on me recycling and how I do things.  It could make it to 2020 if it’s administered well,” the mayor said.  He added that he was soliciting a loan to close the current cell and that the federal agency “gave him the option to establish three more spaces, which would count on 25 to 30 years of useful life.”

But apparently, the improvements weren’t done.

In April 2015, El Vocero reported that the EQB identified “deficiencies” at the Lajas landfill including no leachate controls, despite the EPA’s announced agreement a year earlier.  This calls into question whether any of the improvements had been acted upon.   It raises more questions: is Lajas inspecting every bag of garbage before it enters the landfill, as they promised the EPA in 2014?  Are they covering the trash every day?  Since there are no liners or leachate controls, when toxic water runs out of the trash pile, where is it going?

The most serious question, however, is for the EPA:  how long will the agency allow the Lajas landfill continue to ignore the rules?



(San Juan, Puerto Rico) On the same day the U.S. Environmental Protection Agency announced that Carmen Guerrero of Puerto Rico will be the new Caribbean director for the Agency, the multi-sectoral citizen’s group Puerto Rico Limpio launched an interactive map on its website today, profiling “The Toxic List.”

“The toxic landfills should be the first order of business for Carmen Guerrero to address,” Torres Montalvo said.  “The EPA also must explain to these communities why it is allowing so many landfills that have been toxic for decades to continue operating today.”

The map is designed to be used as a citizens’ tool for learning details about each of the municipal landfills in Puerto Rico that have been publicly identified by authorities as operating in violation of regulations.

“We have relied on public information, government documents, news media and members of the public in building this citizen’s action tool for the people of Puerto Rico,” said Hiram Torres Montalvo, co-founder of Puerto Rico Limpio.  “The residents around these landfills have the right to know about violations we have documented, and the dangers they pose to them,” he said.

The places currently profiled on the map are the municipal landfills in Añasco, Arecibo, Arroyo, Barranquitas. Cabo Rojo, Cayey, Culebra, Florida, Guayama, Hormigueros, Isabela, Jayuya, Juana Diaz, Juncos, Lajas, Moca, Toa Alta, Toa Baja, Vega Baja and Yauco.

The map includes vital information about each landfill from documents from the U.S. Environmental Protection Agency, the Puerto Rico Environmental Quality Board, and major news articles in which violations have been documented.  The profiles also include information that has been shared with Puerto Rico Limpio by local residents living near the landfills since the organization launched its safe landfills campaign in April.

“The Interactive Map will be continuously updated to reflect new developments, and we municipalities, residents and concerned citizens to share new information that will help these communities have all the facts about these unsafe landfills,” Torres Montalvo said.

The Interactive Map in English can be accessed here.

To know more about Puerto Rico Limpio, its mission and important information about unsafe and non-compliant landfills, visit:, Puerto Rico Limpio  on Facebook, and/or follow us on Twitter at: @PRLimpioOrg