Three Puerto Rican Men Charged for Illegal Dumping in Federal Waters

More charges are filed in Puerto Rico in connection with illegal dumping into federally protected waters and wetlands.

Three suspects were charged in two separate indictments. They are accused of polluting the Jobos Bay National Estuarine Research Reserve, a federally protected estuary in Aguirre, Puerto Rico, on the southern coast of the island.

The reserve protects approximately 2,800 acres of coastal ecosystems containing various coral reefs, mangrove islands, and tidal wetlands, as well as endangered species like the brown pelican and West Indian manatee.

In the first indictment, prosecutors say Rafael Carballo-Díaz and Nathaniel Hernández-Claudio knowingly discharged fill material from excavation and earth moving equipment into the protected wetlands and waters.

Carballo-Díaz operated a guesthouse on the reserve property that was used for short-term rentals, with Hernández-Claudio acting as host and property manager.

Both are charged with violating the Clean Water Act.

In the second indictment, prosecutors say Awildo Jiménez-Mercado knowingly discharged fill material from excavation and earth moving equipment into the wetlands in violation of the Clean Water Act.

According to court documents Jiménez-Mercado is also accused of building a boat dock without authorization, violating the Rivers and Harbors Act.  He also owned a guest house on the property that was used as a short-term rental.

If convicted, the three defendants face up to three years in prison for the Clean Water Act violations, as well as fines and injunctive relief to remove violating structures. Jimenez-Mercado is also facing a maximum penalty of one year in prison for the River and Harbors Act violations.

Ongoing Investigation

The investigation into illegal dumping at Jobos Bay is continuing.

The recent indictments come after two other men were charged in May with violating the Clean Water Act and the Rivers and Harbor Act for dumping and building structures at Jobos Bay.

At the time of the May indictments, U.S. Attorney for the District of Puerto Rico W. Stephen Muldrow said, “These laws protect the animals, resources, and habitats within Puerto Rico, the Jobos Bay National Estuarine Research Reserve, and the Las Mareas community. The unpermitted construction, pollution, and fill within these protected waters of the United States also poses flooding and hurricane mitigation concerns for surrounding communities. As such, they are a priority for federal environmental enforcement efforts.”


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