EPA v. PRASA 2

Case summary

DEFENDANT OWNS AND OPERATES SIXTY WATER TREATMENT PLANTS. THE LAJAS FILER PLANT PROVIDED POTABLE WATER IN THE PALMAREJO WARD AREA. THE FACILITY HAS A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. DISCHARGE MONITORING REPORTS (DMRS), PERIODIC REPORTS OF TEST RESULTS ON THE EFFLUENT OF THE FACILITY REQUIRED BY THE PERMIT, FILED BY DEFENDANT, HAVE REVEALED VIOLATIONS OF THE EFFLUENT LIMITS IN ITS PERMIT FOR MANY PARAMETERS. ADDITIONALLY, THERE ARE DEFICIENCIES IN THE DMRS THEMSELVES. THEY FAIL TO REPORT CERTAIN EFFLUENT DATA REQUIRED BY THE PERMIT. IN ADDITION, THE DMRS HAVE BEEN SUBMITTED LATE ON AT LEAST 10 OCCASIONS. THE RELIEF SOUGHT IS A JUDICIAL ORDER DIRECTING THE DEFENDANT TO COMPLY WITH ITS PERMIT REQUIREMENTS AND CONDITIONS AND THE IMPOSITION OF A CIVIL PENALTY. AN ADMINISTRATIVE ORDER (AO) WAS ISSUED ON JULY 18, 1983. DURING THE PERIOD OF JULY 18, 1983 TO JULY 1, 1988, VARIOUS LETTERS OF DEFICIENCY WERE SENT TO THE DEFENDANT. A LETTER WAS SENT ON AUGUST 27, 1986 WHICH WAS BASED UPON FINDINGS MADE DURING A CEI CONDUCTED BY EPA ON AUGUST 21, 1986. IN CONJUNCTION WITH THE PERMIT'S RENEWAL ON SEPTEMBER 28, 1988, EPA ISSUED AN AO TO THE DEFENDANT. ON MARCH 29, 1989 EPA ISSUED ANOTHER ORDER REQUIRING COMPLIANCE AND QUARTERLY REPORTING OF COMPLIANCE MEASURES TAKEN. AS OF DECEMBER 5, 1995 EIGHT CASES WERE COMBINED WITH THIS CASE. THERE ARE NOW NINE (9) FACILITIES FOR THIS CASE. CD entered on 08/24/2010, EA# 02-2004-0012, supercedes prior CD, requiring PRASA to come into and remain in full compliance with the CWA, and the terms/conditions of its NPDES permit.

Defendants (2)

• PRASA (WTP LAJAS)Named in complaintNamed in settlement
• PUERTO RICO, COMMONWEALTH OFNamed in complaintNamed in settlement

Facilities (9)

• PRASA WTP AIBONITO

  RD 162, AIBONITO, PR, 00705

  Registry ID: 110009700412

• PRASA (EL YNUQUE)

  STATE RD 3 KM 26.2 JUAN GONZALEZ, RIO GRANDE, PR, 00745

  Registry ID: 110010601704

• PRASA WTP GUAYNABO

  RD 833 LOS FILTROS KM 14.0, GUAYNABO, PR, 00657

  Registry ID: 110000561605

• PRASA WTP MIRADERO FILTER PLANT

  ROAD 108 KM 2.8, MAYAGUEZ, PR, 00680

  Registry ID: 110010611356

• PRASA WATER TREATMENT PLANT ENRIQUE ORTEGA

  ROAD 827 KM 5.6, TOA ALTA, PR, 00953

  Registry ID: 110006622930

• PRASA WTP AGUAS BUENAS

  ROAD 173, KM 0.4, AGUAS BUENAS, PR, 00703

  Registry ID: 110009700350

• PRASA WTP PTA NUEVA PONCE

  RD 10 KM.1, PONCE, PR, 00731

  Registry ID: 110033157394

• PRASA WTP LAJAS FILTER PLANT

  INT ROAD 116 & 117, LAJAS, PR, 00667

  Registry ID: 110009814763

• PRASA WTP SERGIO CUEVAS

  ROAD 181 KM 3.0, TRUJILLO ALTO, PR, 00976

  Registry ID: 110000577368

Statutes cited

• CWA 402 — Clean Water Act
• CWA 308 — Information Request, Records, Entry
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PRASA AND COMMONWEALTH OF PRentered 1995-12-05

  Primary law: CWA

  Federal penalty: $200,000

Timeline (9 milestones)

• 1990-06-22Enforcement Action Data Entered
• 1990-12-27Referred To Dept Of Justice
• 1991-05-23Returned To Region
• 1991-09-26Rereferred
• 1992-04-14Complaint Filed With Court
• 1995-12-05Final Order Lodged
• 1995-12-05Final Order Entered
• 1995-12-05Concluded
• 2010-08-24Enforcement Action Closed