EPA v. Victor Roberto Fernandez Ramos et al. - Fincas Mi Recreo

Case summary

This community, through a Board of Directors operates a rural aqueduct which obtains its water from surface water without the disinfection and filtering requirements in violation of the SDWA. EPA tried to move the community to comply with the SDWA by issuing Administrative Orders and by issuing an administrative penalty, but as of 09/26/06 it continues to be in violation of the disinfection and filtering requirements of the SDWA. Seeking injunctive relief to bring this community water system into compliance with SDWA. A consent decree was entered resolving EPA?s SDWA claims against the Defendants for their failure as owners and/or operators of the Fincas Mi Recreo Public Water System to filter and disinfect surface water before conveying it to an end user, in violation of the Surface Water Treatment Rule. EPA?s main objective in pursuing this case ? to bring about the connection of the community to PRASA?s drinking water system ? was obtained in September 2012 during settlement negotiations, when EPA consulted PRASA, which agreed to allow the community to connect to the PRASA system. The Settling Defendants have agreed to the following injunctive relief: transfer their ownership interest in the Fincas Public Water System to a not-for-profit corporation (the Asociaci?n) formed by the residents of the Fincas Mi Recreo community, and record such transfer in accordance with Commonwealth of Puerto Rico requirements; and deposit $8,000 to fund the escrow account for the benefit of the Asociaci?n to fund future operation and maintenance work on the Fincas Public Water System.

Defendants (5)

• Victor Roberto Fernandez RamosNamed in complaintNamed in settlement
• Board of Directors Fincas Mi Recreo
• Victor Manuel Fernandez RamosNamed in complaintNamed in settlement
• Victor Jose Fernandez RamosNamed in settlement
• Carmen Aurea Fernandez RamosNamed in settlement

Facilities (2)

• FINCAS MI RECREO COMMUNITY

  PR-1 KM 49.1, CAGUAS, PR, 00725

  Registry ID: 110013696152

• FINCAS MI RECREO COMMUNITY

  STATE ROAD 1 KM 49.1, CAGUAS, PR, 00725

  Registry ID: 110013696152

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• Victor Roberto Fernandez Ramos et al. - Fincas Mi Recreoentered 2013-11-25

  Primary law: SDWA

Timeline (8 milestones)

• 2006-09-26Referred To Dept Of Justice
• 2006-09-26Referred TO U.S. Attorney
• 2006-10-02Enforcement Action Data Entered
• 2010-01-13Complaint Filed With Court
• 2013-05-07Final Order Lodged
• 2013-11-25Concluded
• 2013-11-25Final Order Entered
• 2016-11-16Enforcement Action Closed