EPA v. Municipality of Loiza

Case summary

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 GP. The Respondent failed to comply with the ACO, and on March 31, 2009 EPA issued a Class II Civil Penalty. On November 3, 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 purchase of a sewage vacuum system truck, and the collection, hauling and disposal of sewage from septic tanks at 150 residential dwellings and commercial facilities located in the municipality. Under the settlement, Respondent will also pay a civil penalty.

Defendants (1)

• Municipality of LoizaNamed in complaintNamed in settlement

Facilities (1)

• MUNICIPALITY OF LOÍZA

  CALLE ESPIRITU SANTO # 55, LOÍZA, PR, 00772

  Registry ID: 110035859899

Statutes cited

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

Enforcement conclusions (1)

• Municipality of Loizaentered 2010-11-03

  Primary law: CWA

  Federal penalty: $7,500 · SEP: $118,895

Timeline (5 milestones)

• 2009-03-30Complaint Filed/Proposed Order
• 2009-04-01Enforcement Action Data Entered
• 2010-11-03Final Order Issued
• 2010-11-03Enforcement Action Closed
• 2010-11-03NPDES Closed