EPA v. Municipality of Anasco

Case summary

On February 6, 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 40 CFR 122.23(a) for the MS4 General Permit. According to the ACO, Respondent had to: file a NOI form seeking coverage under the Small MS4 Permit; prepare, implement and enforce a SWMP to bring the municipality’s Small MS4 into compliance and submit to EPA a hard and electronic copy of the SWMP; and submit a Compliance Cost Report to EPA. On August 1, 2008, the Respondent filed the NOI, but the SWMP was not received. On September 24, 2010, EPA issued a Class II Civil Penalty. On September 6, 2011, EPA issued a Consent Agreement and Final Order (CA/FO) in settlement of the enforcement action.

Defendants (1)

• Municipality of AnascoNamed in complaintNamed in settlement

Facilities (1)

• MUNICIPALITY OF ANASCO

  CONSTRUCTION SITE ROUTE 109/402 CONNECTOR ROAD, ANASCO, PR, 006101385

  Registry ID: 110013695723

Statutes cited

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

Enforcement conclusions (1)

• Municipality of Anascoentered 2011-09-06

  Primary law: CWA

  Federal penalty: $64,628

Timeline (4 milestones)

• 2010-09-24Complaint Filed/Proposed Order
• 2010-09-27Enforcement Action Data Entered
• 2011-09-06Final Order Issued
• 2011-09-06Enforcement Action Closed