EPA v. Municipality of Cayey

Case summary

Complaint is issued against respondent for its failure to apply for an NPDES Storm Water Permit. On February 16, 2008, EPA issued against the Respondent a Administrative Compliance Order (ACO) for its failure to submit a Notice of Intent (NOI) application as required by 40CFR 122.23(a) for the MS4 General Permit. The Respondent failed to comply with the ACO, and on March 31, 2009 EPA issued a Class II Civil Penalty. On February 12, 2010, EPA issued a Consent Agreement and Final Order (CA/FO) in settlement of an enforcement action brought against the Respondent. Under the settlement, the Respondent will perform a supplemental environmental project (SEP) that consists of the construction of two retaining walls and a storm water collection system to eliminate unstable slope conditions, and to prevent erosion and sedimentation at an unnamed creek, tributary of Río La Plata, a water of the United States. The SEP also includes the removal of accumulated debris on the slope sides and reforestation of the impacted area. Under the settlement, Respondent will also pay a civil penalty.

Defendants (1)

• Municipality of CayeyNamed in complaintNamed in settlement

Facilities (1)

• MUNICIPALITY OF CAYEY

  CALLE MUÑOZ ROMEO CORNER LUIS MUÑOZ RIVERA, CAYEY, PR, 00737

  Registry ID: 110035859862

Statutes cited

• CWA 308 — Information Request, Records, Entry
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Municipality of Cayeyentered 2010-02-12

  Primary law: CWA

  Federal penalty: $20,000 · SEP: $60,165

Timeline (5 milestones)

• 2009-03-30Complaint Filed/Proposed Order
• 2009-04-01Enforcement Action Data Entered
• 2010-02-12NPDES Closed
• 2010-02-12Final Order Issued
• 2010-02-12Enforcement Action Closed