EPA v. PRASA (PUERTO RICO AQUEDUCT & SEWER AUTHORITY)

Case summary

PRASA IS IN VIOLATION OF NUMEROUS NSPS AND CLEAN AIR ACT REQUIREMENTS. Added a Consent Decree Enforcement Amendment for 06/30/2003. PRASA violated the NSPS Subpart O Standard for Particulate Matter and violated the Puerto Rico SIP; PRASA failed to conduct NSPS performance tests for MHF Unit #1; failed to calibrate and maintain sludge flow measuring device; failed to properly operate and maintain control equipment and to maintain proper records; and failed to submit reports required by 40 C.F.R. Sections 60.7 & 60.155. In settlement of these violations, PRASA agreed to pay a civil penalty and conduct a SEP. PRASA failed to conduct the SEP and submit the SEP completion report in accordance with the Consent Decree. Pursuant to the decree, PRASA is liable for stipulated penalties. This action seeks the enforcement of the Consent Decree to collect those stipulated penalties. Case Number 02-2003-0025 was originally created for this action but is being deleted. The original CD concerned Clean Air Act (CAA) violations at the Puerto Nuevo facility. As part of the settlement, PRASA agreed to perform a SEP at the Bayamon facility where there were no CAA violations. PRASA failed to perform the SEP in a timely manner at the Puerto Nuevo facility and EPA enforced the original 2001 CD. Our enforcement of the decree resulted in the Stipulation and Order which requires PRASA to complete the SEP at Bayamon and pay stipulated penalties for their prior delay in performing the SEP. PRASA also agreed in the Stipulation and Order to pay higher stipulated penalties in the event they continued to delay completion of the SEP beyond a new agreed upon deadline. However, PRASA has since completed the SEP in accordance with the terms of the Stipulation and Order.

Defendants (1)

• PRASANamed in complaintNamed in settlement

Facilities (1)

• PRASA PUERTO NUEVO WAREHOUSE

  KENNEDY AVE NEAR WWTP, SAN JUAN, PR, 00901

  Registry ID: 110063133746

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 111 — New Source Performance Standards

Enforcement conclusions (2)

• PUERTO RICO AQUEDUCT AND SEWER AUTHORITYentered 2001-01-16

  Primary law: CAA

  Federal penalty: $80,000

• PRASA (PUERTO RICO AQUEDUCT & SEWER AUTHORITY)entered 2005-08-29

  Primary law: CAA

  Federal penalty: $69,200

Timeline (8 milestones)

• 1993-03-01Enforcement Action Data Entered
• 1993-03-31Referred To Dept Of Justice
• 2000-07-24Complaint Filed With Court
• 2003-06-30Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2005-08-29Final Order Lodged
• 2005-08-29Final Order Entered
• 2005-08-29Concluded
• 2005-12-02Enforcement Action Closed