Rafael Carballo-Díaz, Nathaniel Hernández-Claudio, Environmental Crimes, Puerto Rico 2023

Three men have been charged with environmental crimes in Puerto Rico, according to a federal indictment unsealed yesterday. Rafael Carballo-Díaz and Nathaniel Hernández-Claudio were charged with violating the Clean Water Act, which prohibits the discharge of pollutants into the waters of the United States.

The indictment alleges that Carballo-Díaz and Hernández-Claudio knowingly discharged fill material from excavation and earth moving equipment into the wetlands and waters of the United States in violation of the Clean Water Act. The charges relate to the illegal construction and deposit of material into the wetlands and waters of the United States in the Jobos Bay National Estuarine Research Reserve (Jobos Estuarine Reserve).

Carballo-Díaz operated a guesthouse business called El Cacique Resort on the property located at the southwest of Camino del Indio in the Las Mareas area of Salinas, Puerto Rico. Hernández-Claudio acted as a host and property manager at El Cacique Resort on the property.

The Clean Water Act was enacted by Congress in 1972 to protect and maintain the integrity of the waters of the United States. The Clean Water Act’s main purpose is to ensure the restoration and maintenance of the chemical, physical and biological integrity of the nation’s waters.

The indictment also charges Awildo Jiménez-Mercado with violations of the Clean Water Act and the Rivers and Harbors Act. Jiménez-Mercado knowingly discharged fill material from excavation and earth moving equipment into the wetlands and built a boat dock without authorization of the Secretary of the Army, in violation of the Rivers and Harbors Act.

The three defendants were arrested and are scheduled to appear today before Magistrate Judge Marshal D. Morgan of the U.S. District Court for the District of Puerto Rico for their respective initial appearances. If convicted, the defendants are facing up to three years in prison for the Clean Water Act violations, fines and injunctive relief to remove violating structures.

The Jobos Estuarine Reserve was designated as a National Estuarine Research Reserve by the National Oceanic and Atmospheric Administration (NOAA) in 1981 and is comprised of approximately 2,800 acres of coastal ecosystems in the southern coastal plain of Puerto Rico.

Mandatory Facts: Defendant: Rafael Carballo-Díaz, Nathaniel Hernández-Claudio, Awildo Jiménez-Mercado. Exact Criminal Charges: Violating the Clean Water Act, Rivers and Harbors Act. City and State: Salinas, Puerto Rico. Exact Date: Not specified. Sentence or Outcome: Scheduled to appear before Magistrate Judge Marshal D. Morgan. Dollar amounts not applicable.

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