EPA v. Bacardi Corporation

Case summary

Defendant is in violation of the CWA for failing to comply with its effluent limitations, monitoring requirements and reporting requirements, all pursuant to the conditions of its National Pollutant Discharge Elimination System (NPDES)permit. The recommended action seeks civil penalties under Section 309 of the CWA as well as injunctive relief consisting of any modifications to the Permit or the Defendant's submission of a Plan of Action which identifies all actions necessary and a reasonable timeframe to achieve compliance with their current permit. Defendant owns and operates a rum manufacturing facility, which is the subject of the violations addressed in the CD. The settlement agreed to by the parties consists of the payment by the Defendant of a cash penalty. In addition, Defendant shall implement a land preservation SEP, whereby Defendant will transfer title to a parcel of land containing wetlands to a non-profit group, the Universidad Metropolitana (UMET). The injunctive relief provisions of the CD range from an interim effluent limitation schedule for total coliform, various enhanced monitoring requirements for specified parameters, various plans of action to address exceedances of effluent limitations, and a stipulated penalties schedule.

Defendants (1)

• Bacardi CorporationNamed in complaintNamed in settlement

Facilities (2)

• BACARDI CORPORATION

  HIGHWAY 165 KM 6.2, CATANO, PR, 00632

  Registry ID: 110012592186

• BACARDI CORPORATION

  HIGHWAY 165 KM 6.2, CATANO, PR, 00632

  Registry ID: 110012592186

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (2)

• Bacardi Corporationentered 2008-09-12

  Primary law: CWA

  Federal penalty: $550,000 · SEP: $1,100,000

• Bacardi Corporationentered 2012-01-27

  Primary law: CWA

Timeline (9 milestones)

• 2006-09-28Referred To Dept Of Justice
• 2006-10-11Enforcement Action Data Entered
• 2008-07-30Complaint Filed With Court
• 2010-07-26Supplemental Referral-Other
• 2011-08-25Final Order Lodged
• 2012-01-27Final Order Entered
• 2012-01-27Concluded
• 2015-06-18Enforcement Action Closed
• 2015-06-18NPDES Closed