EPA v. PRASA II (PR AQUED & SWR)

Case summary

NATURE OF THE CASE: THIS IS A CIVIL ACTION UNDER SEC 301 & 309 OF THE CWA 33 USC SEC 1311 & 1319, AGAINST THE PUERTO RICO AQUEDUCT & SEWER AUTHORITY (PRASA). PRASA IS A PUBLIC CORP OF THE COM- MONWEALTH OF PUERTO RICO, ORGANIZED UNDER THE LAWS OF P.R. TITLE 22, CHAPTER 9, SEC 142 ET SEQ,FOR THE PURPOSE OF PRO- VIDING SEWER SERVICE TO THE INHABITANTS OF P.R. PRASA OWNS AND OPERATES APPROX 110 WASTEWATER TREATMENT FACILITIES THROUGHOUT THE COMMONWEALTH OF P.R. THIS ACTION IS DIRECTED AT VIOLATIONS OF THE CWA AT 16 OF THOSE FACILITIES. CAUSE OF ACTION: ALL OF THE 16 FACILITIES INVOLVED IN THIS ACTION DIS- CHARGE TREATED MUNICIPAL WASTEWATER WHICH VIOLATES SECONDARY TREATMENT EFFLUENT REQUIREMENTS INTO NAVIGABLE WATERS. ELEVEN OF THE FACILITIES HAVE BEEN ISSUED NPDES PERMITS AND ARE DISCHARGING IN VIOL OF THE LIMITATIONS CONTAINED IN THE RESPECTIVE PERMITS. 5 OF THE FACILITIES ARE DISCHARGING W/O PERMITS IN VIOL OF THE ACT. GENERALIZING ACROSS THE VIO- LATIONS INVOLVED AT ALL THE 16 FACILITIES, THE PREDOMINANT PROBLEM IS POOR OPERATION AND MAINTENANCE. EQUIPMENT IS IN DISREPAIR OR OUT OF SERVICE FOR EXTENDED PERIODS OF TIME, PREVENTING THE FACILITIES FROM ADEQUATELY TREATING WASTES TO COMPLY W/ THE ACT. SLUDGE AND SCREENED MATERIALS ARE NOT PROPERLY REMOVED FROM PLANT SYSTEMS OR PROPERLY DISPOSED OF. OPERATING STAFFS ARE NOT ADEQUATE IN NUMBER OR PROPERLY TRAINED TO OPERATE & MAINTAIN FACILITIES IN COMPLIANCE WITH THE ACT. SPARE PARTS INVENTORIES ARE INADEQUATE AT SOME FAC- ILITIES. DISCHARGE MONITORING & NON-COMPLIANCE REPORTS ARE NOT PROPERLY COMPLETED. ON 9/23/81, REGION II ISSUED AN ADMINISTRATIVE SHOW CAUSE ORDER TO PRASA CONCERNING VIOL'S AT THE 16 FACILITIES. PRASA HAS NOT IMPROVED OPERATION & MAINTENANCE PRACTICES AT THE 16 FACILITIES IN RESPONSE TO THIS ORDER. PROPOSED REMEDY: THE AGENCY FILED A COMPLAINT IN JAN.'83 SEEKING TO EN- JOIN PRASA FROM VIOL'ING THE ACT & TO IMPOSE CIVIL PLTY'S FOR PAST VIOL'S. THE DESIRED INJUNCTIVE RELIEF INCLUDES PLACING THE 16 PLANTS INVOLVED IN THIS ACTION IN THE COURT'S OR- DER IN CIVIL ACTION # 78-38 CONCERNING OPERATION & MAIN- TENANCE AT THE 91 FACILITIES INVOLVED IN THE EARLIER ACT- ION. THE ORDER IMPOSES REQUIREMENTS FOR OVERALL IMPROVE- MENT OF OPERATION & MAINTENANCE PRACTICES WHICH ARE SIMI- LARILY APPLICABLE TO THE 16 FACILITIES INVOLVED IN THIS ACTION. THE GENERAL ORDER TO IMPROVE PRACTICES ACROSS THE SYSTEM WILL BE MUCH MORE EFFECTIVE IN INCREASING COMPLIA- NCE THAN INDIVIDUAL ORDERS PERTAINING TO EACH PLANT, AS OVERALL COMPLIANCE CAN THEN BE MONITORED MUCH MORE EFFEC- TIVELY BY THE COURT MONITOR. THE REGN RECOMMENDS SEEKING A COMBINED PLTY OF $250K FOR THE VIOL'S AT THE 16 FACIL- ITIES IN A STTLMNT, OR $337,500 IF THE CASE MUST BE LITI- GATED.

Defendants (1)

• PUERTO RICO AQUEDUCT & SEWER AUTHORITYNamed in complaintNamed in settlement

Facilities (14)

• RIO GRANDE STP

  STATE RD 187 KM 1.2, RIO GRANDE, PR, 00745

  Registry ID: 110007804723

• VILLAS DE LOIZA STP

  STATE RD 3 KM 19.5, CANOVANAS, PR, 00729

  Registry ID: 110007804956

• RAMEY STP

  RAMEY FIELD AFB, AGUADILLA, PR, 00603

  Registry ID: 110007804670

• PRASA VILLA PALMIRA

  STATE HWY 3 KM 74.2, HUMACAO, PR, 00791

  Registry ID: 110010708387

• PRASA HUMACAO CHEMICAL LABORATORY

  STATE RD 3 KM 79.7, HUMACAO, PR, 00917

  Registry ID: 110007804180

• MOROVIS STP

  STATE RD 155 KM 50.0, MOROVIS, PR, 00687

  Registry ID: 110009700234

• PRASA ISABELA

  STATE ROAD 466, ISABELA, PR, 00662

  Registry ID: 110006622725

• RIO BLANCO HEIGHTS STP

  STATE RD 31 KM 9.3, NAGUABO, PR, 00718

  Registry ID: 110007804714

• PRASA DOMINGO RUIZ

  STATE RD 2 KM 71, ARECIBO, PR, 00612

  Registry ID: 110010638621

• LAS LEANDRAS STP

  STATE RD 189 KM 27.7, HUMACAO, PR, 00661

  Registry ID: 110007804279

• VILLAS DEL SOL STP

  STATE RD 850 KM 0.7, TRUJILLO ALTO, PR, 00760

  Registry ID: 110007804965

• RAMON RIVERO STP

  STREET NO 7, NAGUABO, PR, 00718

  Registry ID: 110007804689

• PRASA TOA ALTA

  STATE ROAD 676, KM 1.8, TOA ALTA, PR, 00758

  Registry ID: 110007804858

• COVADONGA STP

  STATE RD 2 KM 17.8, TOA BAJA, PR, 00759

  Registry ID: 110011546817

Statutes cited

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

Enforcement conclusions (1)

• PRASA II (PR AQUED & SWR)entered 1985-02-22

  Primary law: CWA

  Federal penalty: $100,000

Timeline (8 milestones)

• 1982-04-08Referred To Headquarters
• 1982-06-15Referred To Dept Of Justice
• 1982-12-02Referred TO U.S. Attorney
• 1983-01-19Complaint Filed With Court
• 1985-02-22Final Order Lodged
• 1985-02-22Final Order Entered
• 1985-02-22Concluded
• 1985-02-22Enforcement Action Closed