EPA v. Municipality of Arecibo (MS4)

Case summary

This case involves storm water and non-storm water discharge violations under the Clean Water Act (CWA or the Act), 33 U.S.C. ? 1251 et seq., from the Buenos Aires Community Municipal Separate Storm Sewer System (the Buenos Aires Community MS4), located in the west side of the Municipality of Arecibo?s urbanized area and the La Puntilla Pump Station (the La Puntilla PS), located at Girau Street, in the Buenos Aires Community, of Arecibo, Puerto Rico. In the short term, EPA seeks to eliminate all non-storm water discharges, such as sewage, to waters of the United States from existing cross-connections between the Buenos Aires Community MS4 and PRASA?s SSS. In the long term, EPA seeks to ensure Defendant?s future compliance with the terms and conditions of its NPDES Small MS4 General Permit throughout the entire municipality. Defendant will also pay a civil penalty.

Defendants (2)

• Commonwealth of Puerto RicoNamed in complaintNamed in settlement
• Municipality of AreciboNamed in complaintNamed in settlement

Facilities (1)

• BUENOS AIRES COMMUNITY MS4

  PO BOX 1086, ARECIBO, PR, 00613

  Registry ID: 110039184254

Statutes cited

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

Enforcement conclusions (1)

• Municipality of Arecibo (MS4)entered 2013-09-06

  Primary law: CWA

  Federal penalty: $305,643

Timeline (6 milestones)

• 2009-09-29Referred To Dept Of Justice
• 2009-10-01Enforcement Action Data Entered
• 2012-06-04Complaint Filed With Court
• 2012-06-04Final Order Lodged
• 2013-09-06Concluded
• 2013-09-06Final Order Entered