Carolina landfill permit renewal faces new challenge
Neighboring property owner seeks formal DNER review
By THE STAR STAFF
The dispute over the expansion of the Carolina landfill has entered a new phase after Caribbean Golf Academy formally asked the Puerto Rico Department of Natural and Environmental Resources (DNER) to initiate an administrative adjudicatory process on the facility’s permit renewal, arguing that a recent court ruling requires a full review of the case.
The request was made through an informational motion filed by the Caribbean Golf Academy, which, together with Hacienda Campo Rico, owns property adjacent to the landfill. The companies contend that the landfill’s expansion was carried out illegally and that the permit renewal process should not be used to legitimize what they describe as unauthorized development into environmentally protected land.
Luis Rivera Ortiz, president of the Caribbean Golf Academy and Hacienda Campo Rico, said Monday that the company is seeking a formal proceeding that would allow affected parties to present evidence and challenge the renewal application.
“We are formally requesting that an adjudicative process be carried out with all applicable rights because we are not only adjacent to the site but have also been directly affected, given that the expansion has impacted our property,” Rivera Ortiz said.
According to the motion, Caribbean Golf Academy intends to argue that the Municipality of Carolina cannot lawfully expand the landfill through the renewal of an expired operating permit. The company also alleges that the municipality and landfill operator Landfill Gas Technologies violated existing permit conditions by operating outside authorized areas, and causing leachate discharges while conducting activities in land protected by environmental laws.
At the center of the dispute is a tract known as the Buffer Zone, an area that Rivera Ortiz says was originally designated for conservation and mitigation purposes because of its ecological significance. He claims the landfill has expanded into approximately 16.5 acres (17 cuerdas) within the 34-acre (35-cuerda) buffer area.
The land forms part of Puerto Rico’s karst region and the Special Planning Area of the Piñones State Forest, according to the company. Rivera Ortiz further contends that the area contains historical resources and habitat for endangered species.
Caribbean Golf Academy argues that the expansion should have required a formal environmental impact statement and other regulatory approvals. Instead, the company alleges that the landfill expanded without authorization and is now attempting to validate those actions through the ongoing permit-renewal process.
Rivera Ortiz also claims that when the Municipality of Carolina sought landfill operating renewals in 2011 and again in 2024, it did not disclose to regulatory agencies that the facility’s expansion would extend into the buffer zone. He further alleges that the municipality has not specified the extent of the affected acreage, disclosed impacts to Hacienda Campo Rico, or submitted a survey identifying the precise boundaries and coordinates of the expansion.
“In reality, the Municipality has expanded into the buffer zone and onto our property,” Rivera Ortiz said. “At the very least, I expect the DNER to have all relevant information before making a final decision regarding the requested renewal.”
The company is asking the agency to require a comprehensive environmental review, halt what it considers unlawful activities and ensure mitigation measures are implemented before any permit renewal is approved.
Despite its objections, Caribbean Golf Academy said it is not opposed to the continued operation of the Carolina landfill as long as it complies with applicable laws and regulations. Its opposition, Rivera Ortiz said, is specifically directed at the landfill’s expansion into the buffer zone, which he argues threatens environmentally sensitive land and could harm the ecotourism operations of Hacienda Campo Rico.
The DNER and the Municipality of Carolina had not immediately responded to the allegations outlined in the motion. Their response is expected to be a key focus of the administrative proceedings if the agency moves forward with the adjudicatory process sought by Caribbean Golf Academy.
