EPA v. PRASA IV

Case summary

EPA FILED AN INITIAL ENFORCEMENT ACTION AGAINST THE PUERTO RICO AQUEDUCT AND SEWER AUTHORITY (PRASA) FOR VIOLATIONS OF THE CWA AND NPDES PERMITS AT 92 WASTEWATER TREATMENT PLANTS OWNED AND OPERATED BY PRASA ON 1/12/78 (DOCKET NO. 78-0038). A CONSENT DECREE RESOLVING THAT ACTION WAS FILED AND ENTERED ON 2/27/78. (PRASA I) THE 2/27/78 DECREE WAS FURTHER AMENDED AND MODIFIED ON 10/30/78, 5/16/80, 2/3/81, 12/9/81, AND 7/9/82. BY JULY, 1982, THE CONSENT DECREE COVERED 84 WWTP'S. PRASA VIOLATED THAT 7/9/82 DECREE. ON 1/18/83, EPA FILED A SECOND, SEPARATE ACTION AGAINST PRASA ALLEGING VIOLATIONS OF THE CWA AND NPDES PERMITS AT AN ADDITIONAL 16 WWTP'S. (DOCKET NO. 83-0105) (PRASA II) ON 4/27/84, EPA MOVED THE COURT TO FIND PRASA IN VIOLATION OF THE 7/9/82 CONSENT DECREE AND TO IMPOSE PENALTIES THERE- UNDER FOR SUCH VIOLATIONS. BOTH THE 1/18/83 COMPLAINT AND THE 4/27/84 MOTION TO EN- FORCE WERE RESOLVED WITH THE NEGOTIATION AND ENTRY OF A MODIFIED FINAL JUDGMENT ON 2/22/85. THE 2/22/85 ORDER COVERS 92 WWTP'S. (PRASA III) DURING THE SPRING AND SUMMER OF 1985, IT BECAME APPARENT TO REGION II THAT PRASA WAS IN SUBSTANTIAL NON-COMPLIANCE WITH THE 2/22/85 ORDER. CONSEQUENTLY, ON 11/15/85, EPA FILED A MOTION TO ENFORCE THE 2/22/85 ORDER. THE MOTION TO ENFORCE SOUGHT THE ENTRY OF AN INTERIM ORDER (WHICH WAS EN- TERED ON 3/11/86) REQUIRING PRASA TO UNDERTAKE CERTAIN AC- TIONS AND RESERVED EPA'S RIGHT TO SEEK PENALTIES FOR VIOLA- TIONS OF THE 2/22/85 ORDER. ON 11/14/86, EPA FILED A RENEWED MOTION TO ENFORCE THE 2/22/85 ORDER SEEKING A FINDING OF VIOLATION BY THE COURT AND THE IMPOSITION OF STIPULATED PENALTIES FOR VIOLATION OF THE 2/22/85 ORDER. MOTION ALSO SOUGHT LIMITED REVISIONS TO 2/22/85 ORDER. (PRASA IV) A SECOND MOTION TO ENFORCE THE 2/22/85 COURT ORDER WAS FILED ON 6/10/87, AGAINST THE PRASA FOR ITS VIOLATIONS OF THE 2/22/85 CONSENT DECREE. THERE WAS A PREVIOUS MOTION TO ENFORCE THE 2/22/85 COURT ORDER IN 11/85. SINCE THAT TIME WE HAVE FILED A SUPPLEMENTAL MOTION TO ENFORCE, IN 11/86, ALLEGING ADDITIONAL VIOLATIONS OF THE 2/22/85 ORDER. THOSE TWO MOTIONS RESULTED IN AN OPINION AND ORDER, DATED 5/4/87, IN WHICH THE COURT FOUND PRASA IN WIDESPREAD NONCOMPLIANCE WITH THE 2/22/85 ORDER, FOR THE PERIOD 2/22/85 THRU 11/1/86, AND TENTATIVELY ASSESSED A NONCOMPLIANCE PENALTY OF $32 MILLION. THIS DECISION HAS RECEIVED WIDE- SPREAD PUBLICITY AND HAS, REGION II BELIEVES, ENHANCED THE CREDITABILITY OF MUNICIPAL ENFORCEMENT EFFORTS NATIONWIDE. OUR SECOND MOTION TO ENFORCE IS IN THE SAME VEIN AS OUR EARLIER ACTIONS. THE MOTION ALLEGES VIOLATIONS BY PRASA, DURING THE PERIOD 11/1/86 THRU 4/30/87 IDENTIFIED IN THE COURT MONITOR'S QUARTERLY REPORTS OF 2/87 AND 5/87. THE FILING OF THE MOTION CONTINUES OUR POLICY OF AGGRESSIVE ENFORCEMENT FOR VIOLATIONS OF CONSENT DECREES. THE FACILITIES INVOLVED ARE 72 WWTPS CURRENTLY SUBJECT TO 2/85 DECREE. (PRASA V) ON 1/4/88, EPA FILED ITS FOURTH MOTION TO ENFORCE THE COURT'S 2/22/85 ORDER. THIS MOTION IS SIMILAR IN SCOPE TO PAST MOTIONS TO ENFORCE AND REQUESTS THE COURT TO ASSESS A NONCOMPLIANCE SUM OF APPROXIMATELY $4.4 MILLION. THE MOTION ALSO REQUESTS THE COURT TO ORDER PRASA TO COMPLY WITH ITS NPDES PERMIT REQUIREMENTS INCLUDING THE TIMELY FILING OF BYPASS AND NONCOMPLIANCE NOTIFICATIONS AND TO MEET THE FECAL COLIFORM EFFLUENT LIMITS SET FORTH IN THE APPLICABLE PERMITS. (PRASA VI) * NOTE THIS CASE IS IN CONSENT DECREE TRACKING SYSTEM UNDER P.R. AQUEDUCT & SEW C/D # 02-78-C00

Defendants (2)

• PUERTO RICO AQUEDUCT & SEWER AUTHORITYNamed in complaint
• PUERTO RICO, COMMONWEALTH OFNamed in complaint

Facilities (1)

• P.R. AQUEDUCT & SEWER (PRASA V

  604 BARBOSA AVE, SAN JUAN, PR, 00915

  Registry ID: 110004890066

Statutes cited

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

Timeline (6 milestones)

• 1985-11-01Referred To Headquarters
• 1985-11-15Referred To Dept Of Justice
• 1985-11-15Referred TO U.S. Attorney
• 1985-11-15Complaint Filed With Court
• 1988-09-26Concluded
• 1988-09-26Enforcement Action Closed