EPA v. PRASA IV

Case summary

NUMEROUS PUMP STATIONS IN THE PRASA SYSTEM ARE DISCHARGING RAW, UNTREATED SEWAGE INTO NAVIGABLE WATERS. THIS REPRESENTS AN ILLEGAL DISCHARGE WITHOUT A PERMIT AS WELL AS VIOLATION OF PERMIT OF WWTP TO WHICH THE PUMP STATION IS APPURTANENT. THREE PROPOSED DEFENDANTS, 16 FACILITIES(PUMP STATIONS 2 WWTP PERMITS FOR THE STATIONS). The Defendant's Pump Stations often fail, causing frequent and extensive raw sewage overflows throughout the island of Puerto Rico. The U.S. Department of Justice, on EPA's behalf, filed a federal civil action against the Defendants for egregious violations of the Clean Water Act and/or conditions in its respective National Pollutant Discharge Elimination System (NPDES) permits. EPA is alleging the Defendant's systemic and egregious failure to properly operate and maintain its approximately 600 pump stations warrants island-wide injunctive relief and the assessment of civil penalties against PRASA. The CD contains the following provisions: A proposed list of those pump stations in critical conditions requiring remedial actions and the submittal by Defendants of a schedule for completion of same (Group A Pump Stations); Implementation of the system wide O&M plan requested by EPA, which will be applicable to all Pump Stations across the Commonwealth, to be developed and implemented by Defendant and its operator in phases; Ondeo will be responsible for this future relief; Defendants shall draft and submit to EPA for approval a Spill Response and Cleanup Plan (SRCP) that specifies actions to be taken by Defendants for unanticipated bypasses from any pump station facility owned and/or operated by Defendants within Puerto Rico; Civil Penalties for past violations, for which only the Defendant and its past operator are liable for; Defendants jointly and severally shall establish and escrow account to fund the SEP. Pursuant to the SEP, Defendant shall evaluate Non-PRASA Systems consisting of privately-owned and operated water supplies in Puerto Rico, that are considered by EPA, in consultation with the Puerto Rico Department of Health (PRDOH), as substandard and which fail to comply with applicable safe drinking water standards. The evaluations will serve to determine what actions can be taken to bring the Non-PRASA Systems into compliance with such safe drinking water standards. Defendants will be subject to stipulated penalties for: (1) each day of unanticipated bypass, (2) each unanticipated bypass that is not reported to EPA, (3) failure to timely complete the specified remedial tasks for each Group A Pump Station, (4) failure to submit any of the deliverables required under this Consent Decree, and (5) each violation of the Reco.

Defendants (3)

• PUERTO RICO AQUEDUCT & SEWER AUTHORITYNamed in complaintNamed in settlement
• COMPANIA DE AGUAS, OF PR INCNamed in complaintNamed in settlement
• PUERTO RICO, COMMOMWEALTH OFNamed in complaintNamed in settlement

Facilities (54)

• PRASA GUAYAMA WWTP

  PR 710, KM 1.0., GUAYAMA, PR, 00784

  Registry ID: 110009700476

• PRASA LAS COLINAS PUMP STA BAYAMON WWTP 0023728

  RD 2 KM 18.6 #9 ST LAS COLINAS DEVELOPMENT, TOA BAJA, PR, 00949

  Registry ID: 110010785203

• PRASA CAYEY WWTP

  PR ROAD # 171, BO.RINCON OF CIDRA, PR, 00743

  Registry ID: 110006622654

• PRASA ADJUNTAS WWTP

  END OF CANAS STREET /FIN DE CALLE CANAS, PONCE, PR, 00601

  Registry ID: 110013695983

• PRASA - BUEN CONSEJO PUMP STATION

  PADRE COLON ST (END VENEZUELA WARD, RIO PIEDRAS, PR, 00927

  Registry ID: 110010636231

• PRASA LARES WWTP

  ROAD 452, KM 0.5, LARES, PR, 00751

  Registry ID: 110000577812

• PRASA BRISAS DEL MAR

  STATE ROAD 991, KM 0.1, LUQUILLO, PR, 00673

  Registry ID: 110007803948

• PRASA SANTA CLARA PUMP STA PUERTO NUEVO WWTP

  SANTA CLARA DEVELOPMENT, RIO PIEDRAS, PR, 00927

  Registry ID: 110010711970

• PRASA BARRANQUITAS WWTP

  ROAD 719 KM. 0.2, BARRANQUITAS, PR, 00794

  Registry ID: 110009700528

• PRASA DORADO WWTP

  STATE ROAD 693, KM 5.6, DORADO, PR, 00618

  Registry ID: 110000561419

• PRASA COROZAL WWTP

  STATE ROAD NO 818, KM 0.9, COROZAL, PR, 00643

  Registry ID: 110006622690

• PRASA COMERIO WWTP

  STATE RD. #167, KM 0.6, COMERIO, PR, 00782

  Registry ID: 110006622681

• PRASA EL TORITO

  MUNICIPALITY OF CAYEY, CAYEY, PR, 00633

  Registry ID: 110009814861

• PRASA LAJAS WWTP

  PR ROAD #101, KM 2.4, LAJAS, PR, 00667

  Registry ID: 110009700225

• PRASA LA MARINA

  FERNANDEZ JUNCS AVE (END) DOCK #1, SAN JUAN, PR, 009024429

  Registry ID: 110010711952

• …and 39 more

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (2)

• PRASA IVentered 2007-11-05

  Primary law: CWA

  · SEP: $1,000,000

• Puerto Rico Aqueduct & Sewer Authority (PRASA IV)entered 2003-07-01

  Primary law: CWA

  Federal penalty: $1,000,000 · SEP: $1,000,000

Timeline (8 milestones)

• 2000-03-28Enforcement Action Data Entered
• 2000-03-30Referred To Dept Of Justice
• 2001-05-30Complaint Filed With Court
• 2007-08-15Final Order Lodged
• 2007-11-05Concluded
• 2007-11-05Final Order Entered
• 2016-05-23Enforcement Action Closed
• 2016-05-23NPDES Closed