EPA v. PRASA (AGUAS BUENAS)

Case summary

THIS ACTION WOULD BE BASED ON THE FOLLOWING SECTIONS OF THE CLEAN WATER ACT: 301, SDWA. THE FACILITY HAS A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT. DISCHARGE MONITORING REPORTS, 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 FOR MANY PARAMETERS. ADDITIONALLY, THERE ARE DEFIENCIES IN THE DMRS THEMSELVES. THEY FAIL TO REPORT CERTAIN EFFLUENT DATA REQUIRE BY THE PERMIT. IN ADDITION, THE DMRS HAVE BEEN SUBMITTED LATE ON AT LEAST FIFTY-TWO OCCASSIONS AND HAVE NOT BEEN SUBMITTED ON AT LEAST TWO OCCASIONS. A JUDICIAL ORDER DIRECTING PRASA TO COMPLY WITH ITS PERMIT REQUIREMENTS AND CONDITIONS. THE IMPOSITION OF A CIVIL PENALTY. AN ADMINISTRATIVE ORDER, EPA-CWA-II-83-27, WAS ISSUED ON 07/18/83. AFTER CONSULTATION WITH THE DEPARMENT AND OUR HEADQUARTERS, OFFICE OF ENFORCEMENT, WE BELIEVE THAT TACTICAL AND STRATEGIC LITIGATION CONSIDERATIONS MAKE IT DESIRABLE TO FILE A SINGLE, CONSOLIDATED ACTION COVERING ALL NINE FACILITIES. ACCORDINGLY, WE REQUEST THAT THE DEPARMENT WITH HOLD THE FILING OF A COMPLAINT ADDRESING VIOLATIONS AT THIS FACILITY, AS WELL AS THE FACILITIES PREVIOUSLY REFERRED, UNTIL WE HAVE COMPLETED THE REFERRAL OF ALL NINE FACILITIES, AND THAT A CONSOLIDATED ACTION BE COMMENCED AT THAT TIME. * FACILITY NAME AND ADDRESS: AGUAS BUENAS FILTER PLANT STATE ROAD #173, KM. 0.4 JAGUEYES WARD AGUAS BUENAS, PUERTO RICO

Defendants (2)

• PRASA (AGUAS BUENAS)Named in complaint
• PUERTO RICO, COMMONWEALTH OFNamed in complaint

Facilities (1)

• PRASA WTP AGUAS BUENAS

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

  Registry ID: 110009700350

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Timeline (5 milestones)

• 1990-11-01Enforcement Action Data Entered
• 1991-09-24Referred To Dept Of Justice
• 1992-04-14Complaint Filed With Court
• 1995-12-05Concluded
• 1995-12-05Enforcement Action Closed