EPA v. P.R. AQUEDUCT & SEWER (PRASA)

Case summary

THIS IS A CONTINUATION OF CASE NUMBER 02-79-0016 BECAUSE THE AMENDMENT SCREEN REACHED ITS MAXIMUM AMOUNT OF SPACE. ANOTHER CASE NUMBER 02-79-0020 WAS USED AS A CONTINUATION WHICH HAS NOW REACHED ITS MAXIMUM AMOUNT OF SCREEN SPACE. THERE ARE NOW 21 AMENDMENTS FROM THE ORIGINAL CASE AND 20 AMENDMENTS FROM THE CONTINUED CASE TOTALING 41 AMENDMENTS. A CD WAS ENTERED BY THE COURT ON FEB. 22, 1978 WHICH CONCLUDED THE CASE. THE CD IS STILL ACTIVE AND THE U.S. CONTINUES TO ADD AMENDMENTS TO ENFORCE THE DECREE. A SETTLEMENT WAS ENTERED BY THE COURT ON APRIL 17, 1997 AND CONCLUDED ACTIVE AMENDMENTS IN THE ORIGINAL CASE AND UP TO AMENDMENT 12 IN THE 2ND CASE (02-79-0020). THERE ARE NOW 3 CASES WHICH ARE IN ACTUALLY ONE CASE WITH A TOTAL OF 41 ENFORCEMENT AMENDMENTS. THE CASE NUMBERS ARE: 02-79-0016, 02-79-0020 AND 02-79-0024. THE FIRST CASE HAS DECREE #02-78-C001 & THE 2ND CASE HAS THE JOINT STIP #02-97-C028. Three consent decree enforcement actions were entered as amended referrals. Originally, they were entered as a new case, 02-2003-0016, with two amendments. That case has been deleted. This action was taken per HQ request, 10/21/03. JD Amendment #1, 01/21/03 -- action taken to enforce against continuing flagrant violations by PRASA of judicial consent orders from 1979 and 1983. PRASA has continued to violate the provisions of the original orders relating to operation and maintenence of their wastewater treatment plants island-wide. EPA has also requested that stipulated penalties be assessed. 02/04/03 Referral for consent decree enforcement sent to DOJ seeking stipulated penalties ($6,000)for the continuous violation of 1978 and 1983 Court Orders. 09/29/03 consent decree enforcement referral sent to DOJ for continuous violations of the 1978 and 1983 Court Orders and for stipulated penalties ($7,600). This action was undertaken to enforce against continuing flagrant violations by PRASA of judicial consent orders from 1978 and 1983. PRASA has continued to violate the provisions of the original orders relating to operation and maintenance of their wastewater treatment plants island-wide. Relief requested is the assessment by the court of penalties for those provisions of the Consent Decrees that PRASA violated, including failure to adequately disinfect effluent, inadequate sludge handling and disposal, and failure to have available alternate sources of power necessary for the operation of critical unit processes. The court assessed a stipulated penalty totalling $2,000 on May 2, 2002. The court assessed stipulated penalties of $6,000 on May 2, 2003.

Defendants (2)

• PUERTO RICO AQUEDUCT & SEWER AUTHORITYNamed in complaintNamed in settlement
• PUERTO RICO, THE COMMONWEALTH OFNamed in settlement

Facilities (3)

• PRASA TOA ALTA HEIGHTS

  STREET 29TH, TOA ALTA, PR, 00758

  Registry ID: 110013696777

• P.R. AQUEDUCT & SEWER (PRASA V

  604 BARBOSA AVE, SAN JUAN, PR, 00915

  Registry ID: 110004890066

• PRASA FAJARDO STP

  STATE ROAD #941, FAJARDO, PR, 00648

  Registry ID: 110006622716

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit
• CWA 309 — Violation of Existing AO

Enforcement conclusions (6)

• P.R. AQUEDUCT & SEWER AUTHORITY & PR, THE COMMONWEentered 2002-01-29

  Primary law: CWA

• P.R. AQUEDUCT & SEWER AUTHORITY AND THE COMMONWEALentered 2002-01-29

  Primary law: CWA

• Puerto Rico Aqueduct & Sewer Auth & Commonwealh PRentered 2003-05-02

  Primary law: CWA

• P.R. AQUEDUCT & SEWER AUTHORITYentered 1978-02-27

  Primary law: CWA

• Puerto Rico Aqueduct & Sewer Auth & Commonwealth PRentered 2003-05-02

  Primary law: CWA

• P.R. AQUEDUCT & SEWER AUTHORITY & PR, THE COMMONWEentered 2002-01-29

  Primary law: CWA

Timeline (13 milestones)

• 1978-01-11Referred To Headquarters
• 1978-01-12Referred To Dept Of Justice
• 1978-01-12Referred TO U.S. Attorney
• 1978-01-12Complaint Filed With Court
• 1998-07-29Enforcement Action Data Entered
• 2003-01-21Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2003-02-04Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2003-05-02Final Order Lodged
• 2003-05-02Final Order Entered
• 2003-09-29Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2003-10-01Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2004-08-02Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2004-08-02Supplemental Referral to DOJ for Consent Decree Enforcement-Sent