EPA v. PUERTO RICO ELECTRIC POWER AUTHORITY

Case summary

RECOMMEND THE INITIATION OF A CIVIL ACTION IN THE DISTRICT OF PUERTO RICO FOR VIOLATIONS OF ENVIRONMENTAL STATUTES AND REGULATIONS AT FIVE FACILITIES OF THE PUERTO RICO ELECTRIC POWER AUTHORITY (PREPA). THIS IS A CIVIL ENFORCEMENT ACTION TAKEN AGAINST PREPA PURSUANT TO THE CLEAN AIR ACT FOR VIOLATION OF THE PUERTO RICO STATE IMPLEMENTATION PLAN, THE CLEAN WATER ACT FOR VIOLATIONS OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM REQUIREMENTS AS WELL AS THE FEDERAL SPILL PREVENTION CONTROL AND COUNTERMEASURE REQUIREMENTS, THE SOLID WASTE DISPOSAL ACT FOR VIOLATIONS OF THE FEDERAL UNDERGROUND STORAGE TANK REQUIREMENTS, AND THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT FOR VIOLATIONS OF THE HAZARDOUS SUBSTANCE SPILL NOTIFICATION (SECTION 103) REQUIREMENTS. THE LITIGATION REPORT DESCRIBES SUBSTANTIVE VIOLATIONS OF THE APPLICABLE STATUES AND REGULATIONS, MANY OF WHICH WERE DOCUMENTED DURING A MULTI-MEDIA INSPECTION OF THE FIVE FACILITIES IN FEBRUARY 1992. HOWEVER, A 20 YEAR HISTORY OF SERIOUS AND REPEATED VIOLATIONS IS OUTLINED AS WELL. IN PARTICULAR, THE REGION SEEKS A PRELIMINARY INJUNCTION TO SECURE IMMEDIATE ABATEMENT OF THE CLEAN AIR ACT VIOLATIONS. THE CLEAN AIR ACT CASE INVOLVES SEVERE AND PERSISTENT VIOLATIONS OF APPLICABLE OPACITY REQUIREMENTS AT FOUR PREPA FACILITIES. THE NPDES CASE INVOLVES OVER 2000 VIOLATIONS OF THE DISCHARGE PARAMETERS AT THE SAN JUAN PLANT. ADDITIONAL NPDES VIOLATIONS WERE IDENTIFIED FOR THE PALO SECO, AGUIRRE AND SOUTH COAST PLANTS. WHILE THE COMMONWEALTH OF PUERTO RICO HAS TAKEN CERTAIN ENFORCEMENT ACTIONS AGAINST PREPA IN THE PAST, A CONCERTED CIVIL ENFORCEMENT ACTION BY THE UNITED STATES IS NECESSARY BASED ON THE PATTERN OF REPEATED VIOLATIONS OF ENVIRONMENTAL LAWS EXHIBITED BY THE AUTHORITY. THERE IS AN AMENDMENT TO THE ORIGINAL MULTI-MEDIAL REFERRAL FOR FAILURE TO REPORT THE PRESENCE OF FUEL OIL AND LUBRICATING OIL ON ITS INVENTORY FORM FOR CALENDAR YEARS 1990 AND 1992 AS REQUIRED BY SECTION 312 OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW-ACT, 42 U.S.C. SECTION 11012AI.

Defendants (1)

• PUERTO RICO ELECTRIC POWER AUTHORITYNamed in complaintNamed in settlement

Facilities (9)

• PUERTO RICO ELECTRIC POWER AUTH TRANS CTR

  RD 1 MONACILLOS WARD, RIO PIEDRAS, PR, 00923

  Registry ID: 110010637365

• PUERTO RICO ELECTRIC POWER AUTHORITY AGUIRRE POWER GENERATION COMPLEX

  PR-O3 KM 152.7 BO. MONTESORRIA, AGUIRRE, SALINAS, PR, 007510137

  Registry ID: 110000307800

• PUERTO RICO ELECTRIC PWR AUTH- COSTA

  COSTA SUR PLANT, GUAYANILLA, PR, 00731

  Registry ID: 110009309596

• PUERTO RICO ELECTRIC PWR AUTH

  PR ROAD #28, SAN JUAN, PR, 00934

  Registry ID: 110000744749

• PUERTO RICO ELECTRIC POWER AUTHORITY PALO SECO POWER PLANT

  PR-165 KM. 3.8, LEVITTOWN, PR, 00949

  Registry ID: 110000607950

• PR ELEC POWER AUTH SOUTH COAST STATION

  TALLABOA WARD, PENUELAS, PR, 00624

  Registry ID: 110009309596

• PUERTO RICO ELECTRIC PWR AUTH

  PALO SECO STEAM PLANT, TOA BAJA, PR, 00758

  Registry ID: 110000607950

• PUERTO RICO ELECTRIC PWR AUTH

  ROUTE NO 3, SALINAS, PR, 00751

  Registry ID: 110000307800

• PUERTO RICO ELECTRIC POWER AUTHORITY SAN JUAN STEAM POWER PLANT

  MERCADO CENTRAL AVE. ZONA PORTURIA RD. PR-28, PUERTO NUEVO, PR, 00920

  Registry ID: 110000744749

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge
• CWA 301 — NPDES Discharge without a Permit
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• RCRA 9006A — Underground Storage Tanks Compliance Order
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CWA 309 — Violation of Existing AO
• EPCRA 302 — Substances and Facilities Covered and Notification
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (2)

• PUERTO RICO ELECTRIC POWER AUTHORITYentered 1999-03-19

  Primary law: CAA

  Federal penalty: $1,500,000

• PUERTO RICO ELECTRIC POWER AUTHORITYentered 2004-09-09

  Primary law: CAA

  Federal penalty: $300,000 · SEP: $200,000

Timeline (5 milestones)

• 1992-02-04Enforcement Action Data Entered
• 1992-07-31Referred To Dept Of Justice
• 1993-10-27Complaint Filed With Court
• 2004-06-21Final Order Lodged
• 2004-09-09Final Order Entered