EPA v. PRASA ISABELA WASTEWATER TREATMENT PLANT

Case summary

****** PRASA HAS FAILED TO REPORT TO EPA AND EQB THE RAW SEWAGE OVERFLOWS THAT HAVE OCCURRED AT THE ISABELA, AS REQUIRED BY GENERAL CONDITION C.12 OF THE ISABELA WWTP NPDES PERMIT. BASED UPON INFORMATION RECEIVED FROM PRASA (MONTHLY DMRS), PRASA'S BYPASSES REPORTS, AS WELL AS INFORMATION GATHERED BY EPA DURING THE MAY 11, 2001 INSPECTION, EPA FINDS THAT THE ISABELA WWTP IS NOT IN COMPLIANCE WITH ITS NPDES PERMIT. IN ADDITION, THE FACILITY HAS BEEN ADEQUATELY OPERATED AND MAINTAINED AS REQUIRED BY ITS NPDES PERMIT. THEREFORE, ON THE BASIS OF THE FINDINGS CITED IN THE PARAGRAPHS ABOVE, THE PERMITTEE IS IN VIOLATION OF 301 OF THE ACT AND PERMIT CONDITIONS ESTABLISHED PURSUANT TO IT. ****** EPA CONDUCTED COMPLIANCE EVALUATION INSPECTIONS AT THE ISABELA WWTP ON MARCH 17, 2000 AND MAY 11, 2001, DURING WHICH EPA OBSERVED DEFICIENCIES AND THAT THE FACILITY HAD NOT BEEN ADEQUATELY OPERATED AND MAINTAINED AS REQUIRED BY ITS NPDES PERMIT, THEREBY CONCLUDING THAT THE ISABELA WWTP WAS NOT IN COMPLIANCE WITH ITS NPDES PERMIT, THEREBY CONCLUDING THAT THE ISABELA WWTP WAS NOT IN COMPLIANCE WITH ITS NPDES PERMIT. AS A RESULT, EPA ISSUED TWO NON-PENALTY ADMINISTRATIVE ORDERS: (1) ADMINISTRATIVE ORDER, CWA-02-2000-3111 DATED AUGUST 29, 2000, AND (2) ADMINISTRATIVE ORER CWA-02-2001- 3049 DATED JUNE 15, 2001, AGAINST PRASA/CAPR FOR VIOLATIONS TO EFFLUENT LIMITATIONS ESTABLISHED IN THE ISABELA WWTP NPDES PERMIT, FAILURE TO PROVIDE PROPER OPERATION AND MAINTAINENCE AT THE FACILITY AND FOR THE DEFICIENCIES OBSERVED. BASED UPON INFORMATION RECEIVED FROM PRASA AS WELL AS INFORMATION IN EPA'S POSSESSION, EPA FOUND THAT THE ISABELA WWTP HAD NOT MET THE EFFLUENT LIMITS SET OUT IN THE PERMIT AND ON AUGUST 8, 2001, THEREFORE EPA REGION 2 ISSUED AGAINST PRASA/CAPR THE INSTANT ADMINISTRATIVE PENALTY COMPLAINT, DOCKET NO. CWA-02-2001-3414 ( COMPLAINT ). SPECIFICALLY, EPA REVIEWED THE DISCHARGE MONITORING REPORTS (DMRS) SUBMITTED BY PRASA FROM JUNE 2000 THRU APRIL 2001 WHICH INDICATE THAT PRASA CONSISTENTLY HAD NOT MET ITS FINAL EFFLUENT LIMITATIONS AS REQUIRED BY ITS NPDES PERMIT. THE PENALTY COMPLAINT PROPOSED A PENALTY OF $66,890.00. THE PROPOSED CA/FO INCLUDES AN SINGLE CASH PAYMENT OF $59,400.00 TO BE PAID ON OR BEFORE FORTY FIVE (45) CALENDAR DAYS AFTER THE EFFECTIVE DATE OF THE CA/FO. EPA CALCULATED A BOTTOM- LINE SETTLEMENT OF $65,750.00 PURSUANT TO THE REVISED INTERIM CLEAN WATER ACT SETTLEMENT PENALTY POLICY. THE SETTLEMENT OF $59,400.00 IS BAED ON A 10% REDUCTION PROVIDED IN EPA'S SETTLEMENT PENALTY POLICY. THE SETTLEMENT FIGURE REPRESENTS 89% OF THE PROPOSED PENALTY.

Defendants (1)

• PRASA ISABELA WASTEWATER TREATMENT PLANTNamed in complaintNamed in settlement

Facilities (1)

• PRASA ISABELA

  STATE ROAD 466, ISABELA, PR, 00662

  Registry ID: 110006622725

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PRASA IASBELA WASTEWATER TREATMENT PLANTentered 2002-03-28

  Primary law: CWA

  Federal penalty: $59,400

Timeline (4 milestones)

• 2001-08-08Complaint Filed/Proposed Order
• 2001-08-15Enforcement Action Data Entered
• 2002-03-28Final Order Issued
• 2002-03-28Enforcement Action Closed