EPA v. Municipality of Mayaguez

Case summary

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 to bring the Municipality’s Small MS4 into compliance and submit to EPA a hard and electronic copy of the SWMP by May 18, 2008; and submit a Compliance Cost Report to EPA by June 12, 2008. On December 17, 2008 the municipality filed the NOI, but the SWMP was not received. On December 28, 2010, EPA issued a Class II Civil Penalty. On February 27, 2013, EPA issued a Consent Agreement and Final Order (CA/FO) in settlement of the enforcement action. Under the settlement, the Respondent will pay a civil penalty.

Defendants (1)

• Municipality of MayaguezNamed in complaintNamed in settlement

Facilities (1)

• MAYAGUEZ

  CALLE PERAL #18, MAYAGUEZ, PR, 00681

  Registry ID: 110064612030

Statutes cited

• CWA 308 — Information Request, Records, Entry
• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Municipality of Mayaguezentered 2013-02-27

  Primary law: CWA

  Federal penalty: $80,000

Timeline (5 milestones)

• 2010-12-28Complaint Filed/Proposed Order
• 2011-01-14Enforcement Action Data Entered
• 2013-02-27NPDES Closed
• 2013-02-27Final Order Issued
• 2013-02-27Enforcement Action Closed