EPA v. PRASA (MAYAGUEZ WWTP)

Case summary

THE MAYAGUEZ WWTP HAS BEEN IN VIOLATION OF THE NPDES PERMIT WHICH EPA ISSUED FOR THE FACILITY SINCE THE DATE OF ISSUANCE. REGION II DOCUMENTED THE VIOLATIONS THROUGH DISCHARGE MONITORING REPORTS WHICH PRASA SUBMITTED TO EPA. THERE HAS BEEN A SUBSTANTIAL PRIOR ENFORCEMENT HISTORY INVOLVING THE MAYAGUEZ WWTP. REGION II ISSUED 4 SEPARATE ADMINISTRATIVE ORDERS TO PRASA REGARDING THE FACILITY OF WHICH THE FIRST 2 WERE UNILATERAL AND THE LATTER 2 WERE CONSENTED TO BY PRASA. SECTION 309(B) OF THE CWA AUTHORIZES THE ADMINISTRATOR OF EPA TO INSTITUTE A CIVIL ACTION FOR APPROPRIATE RELIEF INCLUDING A PERMANENT OR TEMPORARY INJUNCTION, IN FEDERAL DISTRICT COURT FOR ANY VIOLATION OF THE ACT FOR WHICH EPA MAY ISSUE A COMPLIANCE ORDER UNDER SECTION 309(A)(3) OF THE ACT. IN TURN, SECT. 309 (A)(3) ENABLES THE GOVERNMENT TO SEEK INJUNCTIVE RELIEF TO RESTRAIN VIOLATIONS OF THE EFFLUENT LIMITS IN NPDES PERMITS. THE DISCHARGE MONITORING REPORTS WHICH PRASA SUBMITTED TO THE REGION FOR THE MAYAGUEZ WWTP ESTABLISH THAT PRASA HAS CONTINUOUSLY VIOLATED THE BOD AND TSS LIMITS IN THE NPDES PERMIT FROM THE DATE THE PERMIT INITIALLY BECAME EFFECTIVE THROUGH SEPT 1994. THE DMRS ALSO REPORT PERIODIC VIOLATIONS OF THE FECAL COLIFORM LIMITS IN THE PERMIT.

Defendants (2)

• PUERTO RICO AQUEDUCT AND SEWER AUTHORITYNamed in complaintNamed in settlement
• PUERTO RICO, COMMONWEALTH OFNamed in complaintNamed in settlement

Facilities (1)

• PRASA MAYAGUEZ W W T P

  PRASA MAYAGUEZ, SANTURCE, PR, 00908

  Registry ID: 110000906814

Statutes cited

• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• PUERTO RICO AQUEDUCT AND SEWER AUTHORITYentered 1998-06-04

  Primary law: CWA

  Federal penalty: $150,000

Timeline (7 milestones)

• 1994-10-01Enforcement Action Data Entered
• 1994-12-26Referred To Dept Of Justice
• 1996-12-06Complaint Filed With Court
• 1997-08-01Final Order Lodged
• 1998-06-04Final Order Entered
• 1998-06-04Concluded
• 2007-01-10Enforcement Action Closed