Court of Appeals finds errors in approval of Carolina landfill.

By THE STAR STAFF

The Puerto Rico Court of Appeals has ruled that the renewal of the operating permit for the Carolina landfill is not final, finding that the Department of Natural and Environmental Resources (DRNA) committed errors when issuing its decision after an informal hearing. The agency must now carry out a formal adjudicative process that includes public hearings, the Caribbean Golf Academy announced.

In its decision, Panel V of the Court returned the case to DRNA after the Caribbean Golf Academy challenged the permit issued on August 21, arguing that the process lacked the required procedural safeguards. According to the court order, DRNA’s resolution suffered from defects in its notices and failed to properly activate the adjudicative process. The public hearing held by the agency only served to gather comments from residents and did not constitute a formal, reviewable procedure.

“The matter must be remanded to the DRNA so that it issues the appropriate notification according to law and activates the adjudicative process, guaranteeing due process to the affected parties,” the court stated in its resolution.

Separately, San Juan Superior Court Judge Anthony Cuevas Ramos issued a possible contempt order against the case’s examining officer, attorney Luis González Ortiz, for failing to appear before a Senate investigation. Caribbean Golf Academy President Ortiz Rivera criticized the examiner’s favorable report, noting that it was produced without a site visit and that González Ortiz has refused to explain his actions.

Local landowners, including Hacienda Campo Rico, said they do not oppose the landfill’s operation as long as it complies with environmental regulations. However, they object to the permit renewal because it allows expansion into the legally protected Buffer Zone, an area designated for ecological conservation. The proposed expansion would affect 35 acres expropriated to safeguard natural resources of the Piñones Forest, including aquifers, sinkholes, mogotes, caves, wetlands, and habitats of endangered species such as the Coquí llanero.