EPA v. PRASA - JARDINES DEL TORITO WWTP

Case summary

ON SEPTEMBER 28, 2001, EPA ISSUED AN ADMINISTRATIVE COM- PLAINT AGAINST PRASA/CA'S JARDINES DEL TORITO STP TREATMENT PLANT FOR FAILURE TO MEET EFFLUENT LIMITATIONS SET FORTH IN THE JARDINES DEL TORITO SEWAGE TREATMENT PLANT NPDES PERMIT (PR0023779) FOR THE UNLAWFUL DISCHARGE OF UNTREATED OR PARTIALLY TREATED SEW SEWAGE (WASTEWATER) INTO WATERS OF THE UNITED STATES,AND FOR FAILURE TO PROVIDE PROPER OPERATION AND MAINTENANCE (O&M) AT THE FACILITY, IN VIOLATION OF SECTION 301 OF THE CWA. ON JUNE 15, 2000 AND MAY 31,2001, AN EPA REPRESENTATIVE FROM THE CARIBBEAN ENVIRONMENTAL PROTECTION DIVISION (CEPD) CON- DUCTED COMPLIANCE EVALUATION INSPECTIONS OF THE JARDINES DEL TORITO STP IN CAYEY, PUERTO RICO, AND OBSERVED VERY CRITICAL EQUIPMENT THAT IS NECESSARY TO PROVIDE EFFECTIVE SECONDARY TREATMENT TO ACHIEVE COMPLIANCE WITH THE PERMIT REQUIREMENTS WAS OUT OF SERVICE OR NOT WORKING PROPERLY. DURING THE JUNE 15, 2000 AND MAY 31, 2001 CEIS GRAB SAMPLES OF THE FACILITY'S EFFLUENT WERE COLLECTED BY THE EPA REPRESENTATIVE AS OART OF THE FACILITY EVALUATION TO ASSESS THE EFFLUENT QUALITY. THE EFFLUENT SAMPLES COLLECTED BY EPA DURING THESE CEIS WERE UNACCEPTABLE DUE TO THE PRESENCE OF VISIBLE FLOTABLE SOLIDS, AND/OR VISIBLE PARTICLES AND/OR TOTAL DISSOLVED SOLIDS OR A COMBINATION OF ALL OF THE ABOVE. IN ADDITION,PRASA/CAPR HAVE NOT SUBMITTED TO EPA BYPASS NOT- IFICATION REPORTS (AS REQUIRED BY THE PERMIT) FOR RAW SEWAGE OVERFLOWS OR UPSET EVENTS LOGGED IN THE FACILITY-OPERATORUS LOG BOOK FOR THE FOLLOWING DATES: JANUARY 2, 2001; OCTOBER 26-30, 2000; MAY 8, 2000; NOVEMBER 23, 1999; SEPTEMBER 28, 1999. INCLUDING THESE UNREPORTED BYPASSES EVENTS, PRASA/CAPR HAS BYPASSED RAW SEWAGE TREATMENT A TOTAL OF FORTY-FIVE(45) DAYS AT THE JARDINES DEL TORITO STP, BETWEEN JULY 9, 1999 AND JANUARY 2, 2001.PURSUANT TO THE NPDES PERMIT THE 45 DAYS OF BYPASSES CONSTITUTE THE SAME NUMBER OF VIOLATIONS. EPA FOUND THAT PRAS AND COMPANIA DE AGUA VIOLATED THE CLEAN WATER ACT IN 183 INSTANCES. PRASA FACES A PENALTY OF $87,178 FOR THESE VIOLATIONS.

Defendants (2)

• COMPANIA DE AGUAS DE PUERTO RICONamed in complaintNamed in settlement
• PRASA - JARDINES DEL TORITO WWTPNamed in complaintNamed in settlement

Facilities (1)

• PRASA - JARDINES EL TORITO WWTP

  STATE ROAD 735 (MUNICIPALITY), CAYEY, PR, 00736

  Registry ID: 110009814861

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PRASA and Compania de Aguas de PRentered 2002-06-07

  Primary law: CWA

  Federal penalty: $75,000

Timeline (4 milestones)

• 2001-09-25Complaint Filed/Proposed Order
• 2001-10-24Enforcement Action Data Entered
• 2002-06-07Final Order Issued
• 2002-06-07Enforcement Action Closed