EPA v. Municipality of Catano

Case summary

Complaint is issued against Respondent for its failure to submit a Storm Water Management Program. On February 11, 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 23, 2008; prepare, implement and enforce a SWMP and submit a copy of it to EPA by May 18, 2008; and submit to EPA the Compliance Cost Report by June 12, 2008. On April 1, 2008, the municipality filed the NOI, but the SWMP was not received. On September 27, 2010, EPA issued a Class II Civil Penalty for their failure to prepare the SWMP. On May 19, 2011, EPA issued a Consent Agreement and Final Order (CA/FO) in settlement of the enforcement action. Under the settlement, Respondent will pay a civil penalty.

Defendants (1)

• Municipality of CatanoNamed in complaintNamed in settlement

Facilities (1)

• MUNICIPALITY OF CATANO

  PUENTE BLANCO COMMUNITY, MAIN STREET (END), CATANO, PR, 00963

  Registry ID: 110013696287

Statutes cited

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

Enforcement conclusions (1)

• Municipality of Catanoentered 2011-05-19

  Primary law: CWA

  Federal penalty: $37,000

Timeline (4 milestones)

• 2010-09-24Complaint Filed/Proposed Order
• 2010-09-27Enforcement Action Data Entered
• 2011-05-19Enforcement Action Closed
• 2011-05-19Final Order Issued