EPA v. PUERTO RICO DISTILLERS, INC.

Case summary

PUERTO RICO DISTILLERS ( PRD ) OPERATES A DISTILLERY FOR PRODUCTION OF ALCOHOLIC BEVERAGES IN ARECIBO, PR. PRD HAS NEVER INSTALLED TRTMT EQPMT FOR THE WASTEWATERS FROM ITS DISTILLERY AS REQUIRED BY THE CWA. IN 1974-1975, REGION II ISSUED NPDES PERMITS TO 5 CARIB- BEAN RUM DISTILLERS INCLUDING PRD. THESE PERMITS WERE BASED UPON BEST ENGINEERING JUDGMENT IN ABSENCE OF EFFLUENT LIMITS IN ADJUDICATORY HEARINGS. DURING THE ADJOURNMENT OF A ADJUDICATORY HEARING IN 1977, CONGRESS DIRECTED EPA TO CONDUCT A STUDY ON ENVIRONMENTAL EFFECTS FROM THE DISCHARGE OF RUM WASTES. THE STUDY CONCLU- DED THAT RUM WASTES DID HARM THE MARINE ENVIRONMENT. EPA & THE RUM DISTILLERS SUBSEQUENTLY REACHED A COMPROMISE SETTLE- MENT OF THE ADJUDICATORY HEARINGS. PRD ENTERED INTO A STIP- ULATION SETTLING ITS ADJUDICATORY HEARING IN SEPT., 1979. PRD WAS REQUIRED TO COMMENCE CONSTRUCTION OF ITS TRTMT SYSTEM BY 8/1/81. PRD, HOWEVER, ON 10/19/81 JOINED VIRGIN ISLANDS RUM INDUSTRIES, LDT. (VIRIL) IN URGING THE EPA ADMINISTRATOR BY PETITION TO RECONSIDER THE EFFLUENT LIMITS FOR THE RUM INDUSTRY EST'D IN '79. EPA REOPENED THE RUM PERMITS ON 4/9/82 W/ PUBLISHING OF A COMMENT PERIOD IN THE FEDERAL REGISTER. ON MAY 25, 1984 EPA DENIED THE VIRIL & PRD REQUESTS FOR RECONSIDERATION. REGION II & PRD HAVE ALREADY NEGOTIATED COMPLIANCE SCHED- ULES FOR THE TRTMT FACILITIES & OCEAN OUTFALL WHICH MUST BE CONSTRUCTED BY PRD FOR COMPLIANCE W/ ITS NPDES PERMIT. THE REGION HAS INCORPORATED A DEMAND FOR CIVIL PENALTIES INTO THE LITIGATION REPORT. HOWEVER, THE REGION ALSO BE- LIEVES THAT THE MATTER CAN BEST BE RESOLVED THROUGH A CON- SENT JUDGMENT FOR INJUNCTIVE RELIEF TO ESTABLISH CONSTRUC- TION SCHEDULES & BY PROVIDING FOR STIPULATED PENALTIES IN THE EVENT OF FUTURE VIOLATIONS. REGION II INTENDS TO RESUME NEGOTIATIONS WITH PRD ON THIS BASIS WITHOUT THE DEMAND FOR UP-FRONT CIVIL PENALTIES.

Defendants (1)

• PUERTO RICO DISTILLERS, INC.Named in complaintNamed in settlement

Facilities (1)

• PUERTO RICO DISTILLERS INC

  STATE RD 2 KM.78, ARECIBO, PR, 00613

  Registry ID: 110007807294

Statutes cited

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

Enforcement conclusions (1)

• PUERTO RICO DISTILLERS, INC.entered 1986-02-25

  Primary law: CWA

  Federal penalty: $150,000

Timeline (8 milestones)

• 1985-03-29Referred To Headquarters
• 1985-04-29Referred To Dept Of Justice
• 1985-11-13Referred TO U.S. Attorney
• 1985-11-14Complaint Filed With Court
• 1986-02-25Concluded
• 1986-02-25Final Order Lodged
• 1986-02-25Final Order Entered
• 1986-09-30Enforcement Action Closed