EPA v. Puerto Rico Department of Natural and Environmental Resources

Case summary

In the complaint filed in 2014, the EPA alleges that the Puerto Rico Department of Natural and Environmental Resources was discharging pollutants without a permit from its Baldorioty de Castro, De Diego and Stop 18 stormwater pump stations. These three pump stations were designed to control flooding in the San Juan area by pumping large volumes of storm water into receiving waters. These three Department of Natural and Environmental Resources pump stations have been receiving flow from various sources which contain untreated sewage. The agreement with the Department of Natural and Environmental Resources requires it to invest an estimated $33 million to upgrade its system over the life of the settlement, including: Obtain a proper permit and implement a Storm Water Management Program; Install, inspect, maintain, monitor, and replace warning signs at all pump station outfalls and replace booms at all pump stations; Upgrade the Baldorioty de Castro Pump Station, and install electronic monitoring equipment and lighting fixtures at pump station wet wells; Routinely clean and maintain its pump stations and develop methods for sludge sampling, disposal, and water level management; Develop a Spill Prevention Control and Countermeasures Plan; Pay $650,000 each year into a Court Registry Account to be used by the Municipality of San Juan, Department of Transportation and Public Works and the Highways and Transportation Authority to support the implementation of work plans for work in the collection systems that flow to DNER's three pump stations.

Defendants (2)

• PR Dept. of Natural and Environ. ResourcesNamed in complaintNamed in settlement
• Commonwealth of Puerto RicoNamed in complaintNamed in settlement

Facilities (5)

• CASA DE BOMBAS BALDORITY DE

  CASTRO, SAN JUAN, PR

  Registry ID: 110064386258

• DEPARTAMENTO DE RECURSOS NATURALES Y AMBIENTALES

  STATE ROAD 8838, KM. 6.3, EL CINCO SECTOR, RIO PIEDRAS, PR, 00929

  Registry ID: 110064574018

• CASA DE BOMBAS BALDORITY DE

  BALDORIOTY DE CASTRO AVENUE MARGINAL ROAD, SAN JUAN, PR, 00907

  Registry ID: 110070132341

• PR DEPT. OF NATURAL & ENVIRONMENTAL RESOURCES,BALDORIOTY DE CASTRO PS

  AVENIDA LLORRENS TORRES (MARGINAL PR-26) AND CALLE, SAN JUAN, PR, 00912

  Registry ID: 110043481069

• PR DEPT. OF NATURAL & ENVIRONMENTAL RESOURCES,BARRIADA FIGUEROA (STOP 18)

  PUMP STATION CALLE VILLAMIL AND CALLE KENNEDY, SAN JUAN, PR, 00916

  Registry ID: 110043481078

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 309 — Violation of Existing AO
• CWA 504 — Emergency Powers
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• Puerto Rico Department of Natural and Environmental Resourcesentered 2017-06-29

  Primary law: CWA

Timeline (6 milestones)

• 2008-06-27Referred To Dept Of Justice
• 2008-07-02Enforcement Action Data Entered
• 2014-11-17Complaint Filed With Court
• 2015-12-23Final Order Lodged
• 2017-06-29Concluded
• 2017-06-29Final Order Entered