EPA v. COMMERCIAL PROPERTIES DEVELOPMENT CORP

Case summary

COMMERCIAL PROPERTIES DEVELOPMENT CORP., LTD. (CP) OWNS & OPERATES A WASTEWATER TREATMENT PLANT WHICH SERVES MANY COMMERCIAL FOOD PRODUCERS IN A LARGE SHOPPING CENTER IN THE SUBURBS OF SAN JUAN, PUERTO RICO. THE COMPANY WAS ISSUED A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT IN 1980 RESTRICTING THE LEVELS OF POLLUTANTS DISCHARGED TO A NEARBY RIVER. THE AGENCY ISSUED AN ADMIN ORDER WITH THE PERMIT SINCE THE CO WAS UNABLE TO ACHIEVE EFFLUENT LIMITA- TIONS REFLECTIVE OF THE BEST PRACTICABLE CONTROL TECHNOLOGY AND WATER QUALITY STANDARDS. THE CO FAILED TO COMPLY BOTH WITH THE PERMIT AND THE ACCOMPANYING ORDER. ISSUANCE OF A SECOND ADMIN ORDER IN LATE 1981 WAS GREETED WITH CONTINUED SERIOUS NONCOMPLIANCE AND THE CO'S REPEATED COMMITMENTS TO COMPLY BY SPECIFIED DATES WERE NOT REALIZED. ALTHOUGH CP IS A RELATIVELY MINOR DISCHARGER, ITS POORLY MAINTAINED TREATMENT PLANT, LOCATED WITHIN A SHOPPING MALL, HAS BEEN THE SUBJECT OF NUMEROUS CITIZENS' COMPLAINTS. THE COMPANY'S PERSISTENT VIOLATION OF NUMEROUS PERMIT CON- DITIONS AND ADMINISTRATIVE ORDERS AS WELL AS ITS OWN PROMISES TO COMPLY WARRANT ITS REFERRAL TO DOJ FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF. NEGOTIATIONS WITH THE CO APPEAR TO INDICATE THAT THE CO MAY SETTLE FOR ABOUT $25,000.00, A FIGURE THE REGION BELIEVES IS APPROPRIATE, IN ADDITION, INJUNCTIVE RELIEF.

Defendants (1)

• COMMERCIAL PROPERTIES DEVLOP.Named in complaintNamed in settlement

Facilities (1)

• BAYAMON PR COMM PROPERTIES

  ST RD 2 KM 14.7, HATO REY, PR, 00910

  Registry ID: 110010600279

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• COMMERCIAL PROPERTIES DEV CORPentered 1984-06-13

  Primary law: CWA

  Federal penalty: $25,000

Timeline (8 milestones)

• 1983-08-22Referred To Headquarters
• 1983-10-05Referred To Dept Of Justice
• 1983-11-25Referred TO U.S. Attorney
• 1983-11-29Complaint Filed With Court
• 1984-06-13Final Order Lodged
• 1984-06-13Final Order Entered
• 1984-06-13Concluded
• 1987-09-30Enforcement Action Closed