EPA v. PRASA (WTP-NUEVA PONCE)

Case summary

PRASA OWNS AND OPERATES SIXTY WATER TREATMENT PLANTS ( WTPS ). THE NUEVA PONCE FILTER PLANT, LOCATED AT STATE ROAD IN PONCE, PUERTO RICO IS ONE SUCH PLANT. IT PROVIDES POTABLE WATER IN THE PONCE AREA. A NPDES PERMIT WAS ISSUED TO PRASA FOR THE NUEVA PONCE FACILITY WHICH CONTAINS EFFLUENT DISCHARGE LIMITATIONS. PRASA IS PERMITTED TO DIS- CHARGE FILER BACKWASH WASTEWATER TO THE LA MATILDE RIVER, A WATER OF THE UNITED STATES. AN ADMINISTRATIVE ORDER WAS ISSUED ON 7/18/83. FROM APPROXIMATELY 1983 THROUGH 1988 EPA, EQB, AND PRASA EX- CHANGED CORRESPONDENCE AND TOOK PART IN NEGOTIATIONS REGARD- ING COMPLIANCE SCHEDULES FOR THIS FACILITY AND PRASA'S OTHER WATER FILTRATION FACILITIES. LETTERS OF DEFICIENCY WERE SENT TO PRASA DURING THAT TIME PERIOD. ON 9/28/88 EPA ISSUED AN ADMINISTRATIVE ORDER WHICH CITED FINDINGS OF EFFLUENT VIOLATIONS AT THIS FACILITY AND FAILURE TO COMPLY WITH ITS PERMIT. THE ORDER ALSO CONTAINED INTERIM EFFLUENT LIMITS. 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. VARIOUS CORRESPONDENCE WAS EXCHANGED WHEN EPA ISSUED ADMIN- ISTRATIVE ORDERS TO SHOW CAUSE. EPA AND PRASA MET ON 8/1/90 TO DISCUSS PRASA'S FAILURE TO COMPLY WITH ITS WATER FILTRATION PLANT PERMITS. THERE ARE NO SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES. THESE VIOLATIONS ARE DOCUMENTED IN PRASA'S DMRS RECEIVED OVER A PERIOD OF YEARS. THE ACCUMULATION OF THESE VIO- LATIONS 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. * FACILITY ADDRESS: NUEVA PONCE FILTER PLANT STATE ROAD #501, KM. 0, HM. 1.0 PONCE, PUERTO RICO 00731 * CHANGED ABOVE INFORMATION TO AGREE WITH PCS PER PROGRAM TO ADDRESS IN FINDS W/NPDES PERMIT# FOR THE SITE TO: * FACILITY ADDRESS: PRASA WTP PTA NUEVA PONCE RD 10 KM.1 PONCE, PR 00731 PERMIT#: PR0022756 EPID#: PRD980535256

Defendants (2)

• PRASA (WTP-NUEVA PONCE)Named in complaint
• PUERTO RICO, COMMONWEALTH OFNamed in complaint

Facilities (1)

• PRASA WTP PTA NUEVA PONCE

  RD 10 KM.1, PONCE, PR, 00731

  Registry ID: 110033157394

Statutes cited

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

Timeline (7 milestones)

• 1991-03-26Enforcement Action Data Entered
• 1991-03-29Referred 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