EPA v. Municipality of Rio Grande

Case summary

Complaint is issued against respondent for its failure to apply for an NPDES Storm Water Permit. On February 5, 2008, EPA issued against the Respondent an 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 March 8, 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 performance of a Hydrologic and Hydraulic Study of an unnamed creek located in the Malpica Comunity, and pay a penalty. $45,010 in stipulated penalties collected on 12/08/11.

Defendants (1)

• Municipality of Rio GrandeNamed in complaint

Facilities (1)

• MUNICIPALITY OF RIO GRANDE

  CELLE SAN JOSE CORNER CELLE SAN JUAN, RIO GRANDE, PR, 00745

  Registry ID: 110035859835

Statutes cited

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

Enforcement conclusions (1)

• Municipality of Rio Grandeentered 2010-03-08

  Primary law: CWA

  Federal penalty: $15,000

Timeline (4 milestones)

• 2009-03-30Complaint Filed/Proposed Order
• 2009-04-01Enforcement Action Data Entered
• 2010-03-08Final Order Issued
• 2011-03-31Demand for Stipulated Penalties