EPA v. PRASA (EL YUNQUE)

Case summary

THIS IS A CIVIL REFERRAL BASED ON CLEAN WATER ACT 301. PRASA IS THE OWNER OF THE EL YUNQUE 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 FOR MANY PARAMETERS. ADDITIONALLY, THERE ARE 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 45 OCCASIONS AND HAVE NOT BEEN SUBMITTED ON AT LEAST 2 OCCASIONS. 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. THE VIOLATIONS ARE DOCUMENTED IN PRASA'S DMRS RECEIVED OVER A PERIOD OF YEARS. THE ACCUMULATION OF THESE VI- OLATIONS 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. THE REFERRAL OF THIS MATTER IS THE LAST IN A SERIES OF REFERRALS FOR CIVIL LITIGATION PREPARED BY THE REGION AGAINST PRASA FOR LONG-STANDING CLEAN WATER ACT VIOLATIONS AT ITS WTPS. COMMENCING IN LATE DECEMBER 1990, THE REGION HAS REFERRED 8 WPTS TO DOJ FOR THE INITIATION OF CIVIL LITIGATION. DUE TO THE UNIQUE ASPECTS INVOLVING EACH OF THE FACILITIES, I.E., DIFFERENT ENFORCEMENT HISTORIES, DIFFERENT COMPLIANCE SCHEDULES AND DIFFERENT ACTIONS NECESSARY TO RETURN THE FACILITIES TO COMPLIANCE, THE REGION HAS PREPARED SEPARATE REFERRALS FOR EACH FACILITY. HOWEVER, AFTER CONSULTATION WITH DOJ AND EPA HQS' OE, THE REGIONS BELIEVES THAT TACTICAL AND STRATEGIC LITIGATION CONSIDERATIONS MAKE IT DESIREABLE TO FILE A SINGLE, CONSOLIDATED ACTION COVERING ALL 9 FACILITIES. ACCORDINGLY, THE REGION REQUESTED DOJ WITHHOLD THE FILING OF A COMPLAINT ADDRESSING VIOLATIONS AT THE FACILITIES PREVIOUSLY REFERRED, UNTIL THE REGION COMPLETED THE REFERRAL OF ALL 9 FACILITIES. * FACILITY NAME & ADDRESS: EL YUNQUE FILTER PLANT STATE ROAD #3, KM. 26.2 JUAN GONZALEZ WARD RIO GRANDE, PR * OWNERSHIP: P

Defendants (2)

• PRASA (EL YUNQUE)Named in complaint
• PUERTO RICO, COMMONWEALTH OFNamed in complaint

Facilities (1)

• PRASA (EL YNUQUE)

  STATE RD 3 KM 26.2 JUAN GONZALEZ, RIO GRANDE, PR, 00745

  Registry ID: 110010601704

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Timeline (5 milestones)

• 1990-11-01Enforcement Action Data Entered
• 1991-09-26Referred To Dept Of Justice
• 1992-04-14Complaint Filed With Court
• 1995-12-05Concluded
• 1995-12-05Enforcement Action Closed