EPA v. U.S. Dept of the Navy (Vieques)

Case summary

This is an inter-Agency Agreement required by section 120 of CERCLA to address conditions present at the former Navy facility on the Island of Vieques, in Puerto Rico. 2. The relief is injunctive in that it requires the Navy to perform certain response actions to address conditions at the former facility. ROD issued September 29, 2008. This is selection of a remedy at a federal facility where there is a Federal Facility Agreement in place requiring the selected remedy to be implemented. ROD issued September 30, 2014. West AOC I. Explanation of Significant Difference issued on October 12, 2016. No Further Action ROD issued on July 10, 2018. ROD signed on August 29, 2018, documents the selected remedy for an operable unit referred to as UXO 18, located on Cayo La Chiva at the former Vieques Naval Training Range (VNTR) in Vieques, Puerto Rico. UXO 18 comprises the 12‐acre island of Cayo La Chiva, where munitions and explosives of concern (MEC) were identified. The remedy selection consists of: Removal of any munitions and explosives of concern (MEC) identified during site preparation for recreational use (i.e., construction support); Physical demarcation and institutional controls (ICs) to guide future access; and Long-term monitoring (LTM) to ensure LUCs are in place and effective and to identify and remove any additional MEC that may become exposed or discovered. ROD signed on September 25, 2019 documents the selected remedy for an operable unit referred to as Solid Waste Management Unit (SWMU) 4, located on the former Naval Ammunition Support Detachment (NASD) in Vieques, Puerto Rico. The components of the selected remedy are two-fold. One for Munitions and one for groundwater. Alternative M-2 Land Use Controls involves implementing LUCs and an MEC LTM program to facilitate public recreational use and ensure the remedy remains effective in the long-term. Alternative G-2 Natural Attenuation and Land Use Controls involves implementing LUCs and a groundwater LTM program to monitor the effectiveness of source removal on groundwater perchlorate concentrations and ensure groundwater is not used while levels remain above an acceptable level. ROD signed on January 14, 2021 which documents the selected remedy for UXOs 12 and 14, located on the former Vieques Naval Training Range (VNTR). ROD signed on April 11, 2023 which documents the selected remedy for UXO 15, located on the VNTR. ROD signed on September 11, 2023 which documents the selected remedy for UXO 16.1. Vieques UXO17 PAOC EE Record of Decision signed September 12, 2024.

Defendants (2)

• U.S. Dept of the InteriorNamed in complaintNamed in settlement
• U.S. Dept of the NavyNamed in complaintNamed in settlement

Facilities (2)

• ATLANTIC FLEET WEAPONS TRAINING AREA

  NAVAL STATION ROOSEVELT ROADS, VIEQUES, PR, 00765

  Registry ID: 110071100528

• FORMER ATLANTIC FLEET WEAPONS TRAINING AREA

  POSTAL ADDRESS IS UNAVAILABLE FOR THE SITE, VIEQUES, PR, 00765

  Registry ID: 110071100528

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 120E — Federal Facility Interagency Agreement

Enforcement conclusions (10)

• U.S. Dept of the Navy (Vieques)entered 2016-10-12

  Primary law: CERCLA

• U.S. Dept of the Navy (Vieques)entered 2023-04-11

  Primary law: CERCLA

• U.S. Dept of the Navy (Vieques)entered 2023-09-11

  Primary law: CERCLA

• U.S. Dept of the Navy (Vieques)entered 2018-07-10

  Primary law: CERCLA

• U.S. Dept of the Navy (Vieques)entered 2018-08-29

  Primary law: CERCLA

• U.S. Dept of the Navy (Vieques)entered 2008-09-29

  Primary law: CERCLA

• U.S. Dept of the Navy (Vieques)entered 2021-01-14

  Primary law: CERCLA

• U.S. Dept of the Navy (Vieques)entered 2014-09-30

  Primary law: CERCLA

• U.S. Dept of the Navy (Vieques)entered 2019-09-25

  Primary law: CERCLA

• U.S. Dept of the Navy (Vieques)entered 2024-09-12

  Primary law: CERCLA

Timeline (3 milestones)

• 2007-09-07Complaint Filed/Proposed Order
• 2007-10-10Enforcement Action Data Entered
• 2024-09-12Final Order Issued