EPA v. PRASA - Puerto Nuevo Regional WWTP et al.

Case summary

The Consent Decree resolves the Clean Water Act enforcement litigation against the Puerto Rico Aqueduct and Sewer Authority (PRASA) for unauthorized discharges of pollutants in violation of Section 301 of the Act, and for violations of the Puerto Nuevo Wastewater Treatment Plant (Puerto Nuevo WWTP) NPDES permit. In addition, the Consent Decree consolidates three CDs that are currently in effect, and incorporates and re-distributes the pending injunctive obligations thereunder. The Puerto Nuevo WWTP injunctive relief provided in this proposed CD, along with that provided in the Municipality of San Juan, the Department of Natural and Environmental Resources, and the Department of Transportation and Public Works Consent Decrees, comprise the Regional initiative to bring much needed relief to the impoverished Martin Pena communities. EPA included in the consolidation the violations Region 2 had documented for PRASA's Puerto Nuevo WWTP sewage collection system. These violations resolved in the proposed CD consist of discharges of pollutants (primarily, untreated sewage) into the Cano Martin Pena, Condado Lagoon, San Juan Bay and Atlantic Ocean, all of which are waters of the United States, which occurred due to poor maintenance and operation of the collection system (primarily, sanitary sewer overflows). PRASA owns and operates an immense number of facilities due to the topography of the island and the number of isolated communities that are scattered throughout Puerto Rico. PRASA operates many more treatment facilities than mainland utilities that serve a similar number of customers, which has made operation and maintenance unsustainably complex and expensive. In addition, as PRASA is a public corporation of Puerto Rico, the Commonwealth is joined in this action pursuant to Section 309(e) of the Act. On March 22, 2024, the court in the District of Puerto Rico issued an order granting the Motion to Approve the First Modification of the Consent Decree, which was filed with the court on February 7, 2024. The revised version of the Consent Decree Modification was originally lodged by DOJ in June 2023. The Modification grants PRASA additional time to complete certain CWA infrastructure projects (due to recent natural disasters and PRASA's financial circumstances), adds a number of additional projects (estimated to cost $534 million), and makes certain improvements to the Consent Decree. It also includes a number of provisions designed to increase transparency and accountability, whereby PRASA will post relevant financial and operational information on its website, such as its budget, debt service coverage ratio, annual financial report, as well as semi-annual information concerning the location and status of sewage overflows.

Defendants (3)

• PRASANamed in complaintNamed in settlement
• San Juan Municipality
• Commonwealth of Puerto RicoNamed in complaintNamed in settlement

Facilities (179)

• PRASA ARECIBO WTP

  STATE ROAD 636, KM 1.3, ARECIBO, PR, 00612

  Registry ID: 110013722418

• PRASA CAROLINA WWTP

  ROAD 187, BARRIO TORRECILLA, SAN JUAN, PR, 00672

  Registry ID: 110007817041

• PRASA PATILLAS WWTP

  STATE ROAD 3, KM 126.5, PATILLAS, PR, 00723

  Registry ID: 110006622805

• PRASA CUBUY WTP

  ROAD 186, KM 8.5, CANOVANAS, PR, 00629

  Registry ID: 110009815254

• PRASA RANCHERAS WTP

  STATE RD. #371, KM 10.6, YAUCO, PR, 00768

  Registry ID: 110013695778

• PRASA JAGUA PASTO WTP

  STATE RD. # 378, KM 10, GUAYANILLA, PR, 00656

  Registry ID: 110009814610

• PRASA OROCOVIS WTP

  ROAD 568, KM 3, OROCOVIS, PR, 00720

  Registry ID: 110000561259

• PRASA YAHUECAS WTP

  INTERSECTION OF HIGHWAYS PR-129 AND PR-135, BARRIO, ADJUNTAS, PR, 00601

  Registry ID: 110038453161

• PRASA VILLALBA WTP

  ROAD 513 KMO HM 9, VILLALBA, PR, 00766

  Registry ID: 110013696394

• PRASA NARANJITO WWTP

  STATE ROAD 164, KM 5.3, NARANJITO, PR, 00719

  Registry ID: 110009815423

• PRASA AGUADILLA WTP

  ROAD 459, KM 0.3, AGUADILLA, PR, 00603

  Registry ID: 110007812876

• PRASA LAS DELICIAS WTP

  STATE RD. # 149, KM 33.9, CIALES, PR, 00638

  Registry ID: 110013689035

• PRASA VIEQUES WWTP

  ROAD NO. 993, KM 2.5, VIEQUES, PR, 00765

  Registry ID: 110009814399

• PRASA VILLALBA REGIONAL WTP

  ROAD # 150, HATO RUERCO ABAJO WARD, VILLALBA, PR, 00766

  Registry ID: 110022858184

• PRASA NORTHEAST REGIONAL AQUEDUCT WTP

  BQ QUEBRADA VUELTAS SECTOR, FAJARDO, PR, 00738

  Registry ID: 110017849293

• …and 164 more

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (2)

• PRASA - Puerto Nuevo Regional WWTP et al.entered 2016-05-23

  Primary law: CWA

• PRASA - Puerto Nuevo Regional WWTP et al.entered 2024-03-22

  Primary law: CWA

Timeline (5 milestones)

• 2011-06-30Referred To Dept Of Justice
• 2011-07-06Enforcement Action Data Entered
• 2015-09-15Complaint Filed With Court
• 2023-06-29Final Order Lodged
• 2024-03-22Final Order Entered