EPA v. PRASA (WTP SERGIO CUEVAS)

Case summary

REQUEST FOR CIVIL LITIGATION PURSUANT TO SECTION 309 OF THE CWA AGAINST THE PRASA; AND THE COMONWEALTH OF PR. PRASA OWNS AND OPERATES SIXTY WTP'S. THE SERGIO CUEVAS FILTER PLANT, LOCATED IN TRUJILLO ALTO, PR, IS ONE SUCH PLANT. IT PROVIDES POTABLE WATER TO A PORTION OF THE SAN JUAN METROPOLITAN AREA. A NPDES PERMIT, NO. PR0022411, WAS ISSUED TO PRASA FOR THE FACILITY. PRASA HAS BEEN, AND REMAINS, IN SUBSTANTIAL AND CONTINUOUS NONCOMPLIANCE W/PERMIT LIMITS AT THE SERGIO CUEVAS FACILITY. EVIDENCE OF THIS NONCOMPLIANCE IS BASED PRIMARILY ON ADMISS- IONS FILED BY PRASA IN THE FORM OF SELF-REPORTING DISCHARGE MONITORING REPORTS, WHICH WERE SUBMITTED UNDER THE TERMS OF THE PERMIT. WE RECOMMEND THE INITIATION OF A CIVIL ACTION FOR INJUNC- TIVE RELIEF AND FOR ASSESSMENT OF CIVIL PENALTIES, BECAUSE PRASA HAS NOT BEEN RESPONSIVE TO ADMINISTRATIVE EFFORTS OF THIS AGENCY TO SECURE COMPLIANCE, INCLUDING THE ISSUANCE OF ADMINISTRATIVE ORDERS. WE SEEK A JUDICIAL ORDER DIRECTING PRASA TO COMPLY WITH THE PERMIT. WE ALSO SEEK A CIVIL PENALTY. THE REFERRAL OF THIS MATTER IS THE LATEST IN A SERIES OF REFERRALS FOR CIVIL LITIGATION PREPARED BY THE REGION AGAINST PRASA FOR LONG-STANDING CWA VIOLATIONS AT ITS WTPS. COMMENCING IN LATE DEC. 1990, REGION II HAS REFERRED 4 WPTS TO THE DEPT. FOR THE INITIATION OF CIVIL LITIGATION, AND WE ANTICIPATE THAT 4 ADDITIONAL FACILITIES (FOR A TOTAL OF 9 FACILITIES) WILL BE THE SUBJECT OF REFERRALS BY THE END OF THE FISCAL YEAR. DUE TO THE UNIQUE ASPECTS INVOLVING EACH OF THE FACILITIES, I.E., DIFFERENT ENFORCEMENT HISTORIES, DIFFERENT COMPLIANCE SCHEDULES & DIFFERENT ACTIONS NECESSARY TO RETURN THE FACILITIES TO COMPLIANCE, WE HAVE PREPARED SEPARATE REFERRALS FOR EACH FACIITY. HOWEVER, AFTER CONSULTATION W/THE DEPT AND OUR HQ OFFICE IF EBFIRCEMENT, WE BELIEVE THAT TACTICAL AND STRATEGIC LITI- GATION CONSIDERATIONS MAKE IT DESIRABLE TO FILE A SINGLE, CONSOLIDATED ACTIN BE COMMENCED AT THAT TIME. WE RECONIZE THAT THE IMPLEMENTATION OF THIS STRATEGY NECESSITATES THE DELAY IN THE FILING OF A COMPLAINT IN THIS MATTER, AND THE PRIOR MATTERS REFERRED, BEYOND THE DEPT'S NORMAL 60-DAY REVIEW PERIOD. WE UNDERSTAND THAT THE DEPT., BY LETTER DATED MAY 23, 1991, HAS RETURNED 3 PREVIOUS REFERRAL IN THIS SERIES. WE UNDERSTAND THAT THESE RETURNS, & FUTURE RETURNS, WERE AND ARE FOR ADMINISTRATIVE, ACCOUNTING PURPOSES AND THAT ONGOING DEPT. REVIEW AND JOINT CASE DEVELOPMENT WILL CONTINUE UNTIL THE 9TH FACILITY IS REFERRED. * FACILITY NAME: PRASA WTP SERGIO CUEVAS STATE RD #181 KM 3.4 (IN FINDS) (3.0 CASE) TRUJILLO ALTO, PR 00760 OWNERSHIP: M EPID#: PRD980535371

Defendants (2)

• PRASA (WTP SERGIO CUEVAS)Named in complaint
• PUERTO RICO, COMMONWEALTH OFNamed in complaint

Facilities (1)

• PRASA WTP SERGIO CUEVAS

  ROAD 181 KM 3.0, TRUJILLO ALTO, PR, 00976

  Registry ID: 110000577368

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Timeline (5 milestones)

• 1991-06-27Enforcement Action Data Entered
• 1991-06-27Referred To Dept Of Justice
• 1992-04-14Complaint Filed With Court
• 1995-12-05Concluded
• 1995-12-05Enforcement Action Closed