EPA v. Municipality of Aguas Buenas

Case summary

Complaint is issued against Respondent for its failure to submit a Storm Water Management Program. 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 40CFR 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 by February 21, 2008; 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 by May 16, 2008; and submit a Compliance Cost Report to EPA by June 10, 2008. On May 15, 2008 the municipality filed the NOI, but the SWMP was not received. On September 27, 2010, EPA issued a Class II Civil Penalty. On June 30, 2011, EPA issued a Consent Agreement and Final Order (CA/FO) in settlement of the enforcement action. 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 296 residential dwellings and commercial facilities located in the municipality. Respondent will also pay a civil penalty.

Defendants (1)

• Municipality of Aguas BuenasNamed in complaintNamed in settlement

Facilities (1)

• MUNICIPALITY OF AGUAS BUENAS

  CALLE RAFAEL LASA # 48, AGUAS BUENAS, PR, 00703

  Registry ID: 110035859782

Statutes cited

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

Enforcement conclusions (1)

• Municipality of Aguas Buenasentered 2011-06-30

  Primary law: CWA

  Federal penalty: $10,000 · SEP: $163,976

Timeline (5 milestones)

• 2010-09-24Complaint Filed/Proposed Order
• 2010-09-27Enforcement Action Data Entered
• 2011-06-30Final Order Issued
• 2011-06-30NPDES Closed
• 2011-06-30Enforcement Action Closed