EPA v. Municipality of San Juan (MS4) et al.

Case summary

San Juan owns and/or operates an MS4 in the Municipality of San Juan, which discharges into various bodies of water including bodies of water within and comprising the San Juan Bay Estuary. The MS4 is a regulated small MS4. The Municipality submitted its Notice of Intent for coverage under the MS4 General Permit on March 7, 2008. San Juan's MS4 is intended to convey storm water runoff to surface waters to prevent flooding during wet weather events. The MS4 General Permit does not authorize San Juan to discharge non-storm water (with limited exceptions) from its MS4. Sampling and inspections established and confirmed that pollutants, including untreated industrial and/or domestic wastewater (raw sewage), were being discharged without treatment from San Juan's MS4 into receiving waters. On June 16, 2014, the Department of Justice filed a Complaint against San Juan pursuant to Section 309(b) and (d) of the Clean Water Act, for violations of Section 301 of the Act, for unauthorized, illegal, and persistent discharges of pollutants and for failing to comply with the requirements of the MS4 General Permit. The Complaint was also filed pursuant to Section 504 of the Act, to require San Juan to take such action as may be necessary to abate the imminent and substantial endangerment to the health and welfare of persons presented by San Juan's discharges of pollutants. HTA was included in the First Amended Complaint on November 17, 2014. The estimated cost of injunctive relief over the life of the Consent Decree is $180M.

Defendants (5)

• Puerto Rico Highway and Transportation AuthorityNamed in complaint
• Commonwealth of Puerto RicoNamed in complaint
• PR Dept. of Transportation and Public WorksNamed in complaint
• PR Dept. of Natural and Environmental ResourcesNamed in complaint
• Municipality of San JuanNamed in complaintNamed in settlement

Facilities (4)

• MUNICIPIO DE SAN JUAN

  STATE ROAD 845 KM 1.6, RIO PIEDRAS, PR, 00928

  Registry ID: 110064608278

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

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

  Registry ID: 110043481078

• 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

• DE DIEGO PUMP STATION

  AVE. DE DIEGO AVE. AND CALLE ESTRELLAS, SAN JUAN, PR, 00912

  Registry ID: 110064693880

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 504 — Emergency Powers

Enforcement conclusions (1)

• Municipality of San Juan (MS4)entered 2017-06-29

  Primary law: CWA

Timeline (7 milestones)

• 2009-07-08Referred To Dept Of Justice
• 2009-07-13Enforcement Action Data Entered
• 2014-06-16Complaint Filed With Court
• 2014-11-17Amended Complaint
• 2015-10-26Final Order Lodged
• 2017-06-29Final Order Entered
• 2017-06-29Concluded