EPA v. PRASA (WTP-LA PLATA)

Case summary

PRASA OWNS AND OPERATOES SIXTY WATER TREATMENT PLANTS ( WTPS ). THE LA PLATA AIBONITO FILTER PLANT, PROVIDES POTABLE WATER IN THE LA PLATA COUNTY AREA. THIS ACTION IS BASED ON VIOLATIONS OF THE EFFLUENT LIMITS IN ITS PERMIT FOR MANY PARAMETERS. THERE ARE DEFICIENCIES IN THE DIS- CHARGE MONITORING REPORTS THEMSELVES. THEY FAIL TO REPORT CERTAIN EFFLUENT DATA REQUIRED BY THE PERMIT. IN ADDITION, THE DMRS HAVE BEEN SUBMITTED LATE ON AT LEAST 42 OCCASSIONS AND HAVE NOT BEEN SUBMITTED ON AT LEAST 5 OCCASIONS. THE PROPOSED RELIEF TO BE SOUGHT IS A JUDICIAL ORDER DIRECTING PRASA TO COMPLY WITH ITS PERMIT REQUIREMENTS AND CONDITIONS AND THE IMPLEMENTATION OF A CIVIL PENALTY. AN ADMINISTRATIVE ORDER WAS ISSUED ON 9/27/84. FROM 1983 THROUGH 1988, EPA, EQB AND PRASA EXCHANGED CORRESPON- DENCE AND TOOK PART IN NEGOTIATIONS REGARDING COMPLIANCE SCHEDULES FOR THIS FACILITY AND PRASA'S OTHER WATER FILTRATION FACILITIES. VARIOUS LETTERS OF DEFICIENCY WERE SENT TO PRASA DURING THAT TIME PERIOD. ON 9/28/88, EPA ISSUED AN ADMIN. ORDER TO PRASA. THIS ORDER CITED FINDINGS OF EFFLUENT VIOLATIONS AND FAILURE TO COMPLY WITH ITS PER- MIT. THE ORDER ALSO CONTAINED INTERIM EFFLUENT LIMITS FOR FOUR OF THE PERMIT PARAMETERS. ON 3/29/89 EPA ISSUED ANOTHER ORDER TO PRASA REQUIRING COMPLIANCE AND QUARTERLY REPORTING OF COMPLIANCE MEASURES TAKEN. ON 6/15/89 EPA ISSUED A MODIFIED ORDER IN RESPONSE TO REQUESTS MADE BY PRASA. ON 3/2/90 EPA ISSUED NOTIFICATION TO PRASA THAT IT HAD FAILED TO ADHERE TO THE CONDITIONS OF THE 6/15 ORDER. EPA THEN ISSUED ADMINISTRATIVE ISSUES TO SHOW CAUSE. PRASA MADE A SUBMISSION TO EPA ON 9/12/90 WHICH PORPORTED TO PROVIDE FINANCIAL AND COMPLIANCE INFORMATION AS REQUESTED. VIOLATIONS ARE DOCUMENTED IN PRASA'S DMRS. THE ACCUM- ULATIONS OF THESE VIOLATIONS AND THE LACK OF IMPROVEMENT IN THE PERFORMANCE OF THIS FACILITY, DESPITE REPEATED WARNINGS BY THE AGENCY, LED TO THE DECISION TO INITIATE ENFORCEMENT ACTION. THERE ARE NO SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES. * FACILITY ADDRESS: LA PLATA AIBONITO FILTER PLANT STATE ROAD #727, KM. 0, HM. 2 AIBONITO, PUERTO RICO 00609 * CHANGED ABOVE INFORMATION TO AGREE WITH PCS PER PROGRAM TO ADDRESS IN FINDS W/NPDES PERMIT # FOR THE SITE TO: * FACILITY ADDRESS: PRASA WTP AIBONITO END OF SNA LUIS URB RD AIBONITO, PR 00609 * PERMIT#: PR0022489 EPID#: PRD980533574

Defendants (2)

• PRASA (WTP-LA PLATA)Named in complaint
• PUERTO RICO, COMMONWEALTH OFNamed in complaint

Facilities (1)

• PRASA WTP AIBONITO

  RD 162, AIBONITO, PR, 00705

  Registry ID: 110009700412

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Timeline (7 milestones)

• 1991-02-28Enforcement Action Data Entered
• 1991-03-07Referred To Dept Of Justice
• 1991-05-23Returned To Region
• 1991-09-26Rereferred
• 1992-04-14Complaint Filed With Court
• 1995-12-05Concluded
• 1995-12-05Enforcement Action Closed