EPA v. PRASA (WTP-MIRADERO)

Case summary

PRASA IS THE OWNER OF THE MIRADERO FILTER PLANT. 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 PRASA, HAVE REVEALED VIOLATIONS OF THE EFFLUENT LIMITS IN ITS PERMIT. THERE ARE ALSO 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 32 OCCASSIONS AND HAVE NOT BEEN SUBMITTED ON AT LEAST 2 OCCASSIONS. THE PROPOSED RELIEF TO BE SOUGHT IS A JUDICIAL ORDER DIRECTING PRASA TO COMPLY WITH ITS PERMIT REQUIREMENTS AND CONDITIONS AND THE IMPOSITION OF A CIVIL PENALTY. AN ADMINISTRATIVE ORDER WAS ISSUED ON 7/18/83. FROM 1983 TO 1988 EPA, EQB, AND PRASA EXCHANGED CORRESPONDENCE 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'S ORDER CITED FINDINGS OF EFFLUENT VIOLATIONS AT THIS FACILITY AND FAILURE TO COMPLY WITH ITS PERMIT. ON 3/29/89 EPA ISSUED ANOTHER ORDER TO PRASA REQUIRING COMPLIANCE AND QUARTERLY REPORTING OF COMPLIANCE MEASURES TAKEN. ON 3/2/90, EPA NOTIFIED PRASA THAT IT FAILED TO ADHERE TO THE CONDITIONS OF THE 6/15/89 ORDER. EPA AND PRASA MET ON 8/1/90 TO DISCUSS PRASA'S FAILURE TO COMPLY WITH ITS WATER FILTRATION PERMITS. THERE ARE NO NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES. * FACILITY ADDRESS: MIRADERO FILTER PLANT STATE ROAD #108, KM. 2.8 MAYAGUEZ, PR

Defendants (2)

• PRASA (WTP-MIRADERO)Named in complaint
• PUERTO RICO, THE COMMONWEALTH OFNamed in complaint

Facilities (1)

• PRASA WTP MIRADERO FILTER PLANT

  ROAD 108 KM 2.8, MAYAGUEZ, PR, 00680

  Registry ID: 110010611356

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Timeline (5 milestones)

• 1990-08-01Enforcement Action Data Entered
• 1991-05-20Referred To Dept Of Justice
• 1992-04-14Complaint Filed With Court
• 1995-12-05Concluded
• 1995-12-05Enforcement Action Closed