EPA v. PR Department of Transportation and Public Works et al.

Case summary

The EPA alleges that the Puerto Rico Department of Transportation and Public Works and the Puerto Rico Highway and Transportation Authority was discharging storm water containing untreated sewage through the storm water systems they own and operate to provide drainage for their roads and highways. Flow from these systems is conveyed to the Department of Natural and Environmental Resources pump stations. Under a legal agreement, the Puerto Rico Department of Transportation and Public Works and the Puerto Rico Highways and Transportation Authority will invest an estimated $44 million over the life of the agreement to: Comply with the permit and develop and implement a Storm Water Management Program; Eliminate all illegal connections and discharges to their storm water systems under an EPA-approved schedule; Address complaints from residents and government agencies by developing a registry of complaints of illegal discharges into their storm water systems and address those complaints; Install, inspect, maintain, monitor, and/or replace warning signs at outfalls; Submit a vacuum truck sludge disposal plan and submit standard operating procedures for pump stations; HTA must investigate the Barrio Obrero Vacuum Sewer System, and either enter into an agreement to transfer the system to PRASA, or repair the system; Develop a program, subject to EPA review, to inspect, clean and repair the storm water system; Develop plans to prevent and respond to spills; Sample water quality at all outfalls and maintain outfall information; Complete an inventory of all of outfalls in the city of San Juan; Actively identify ways to incorporate green infrastructure into plans to comply with the agreement.

Defendants (2)

• PR Department of Transportation and Public WorksNamed in complaintNamed in settlement
• Puerto Rico Highway and Transportation AuthorityNamed in complaintNamed in settlement

Facilities (2)

• PUERTO RICO DEPT. OF TRANSPORTATION AND PUBLIC WORKS-DE DIEGO FLOOD CONTROL PS

  NORTH CORNER OF DE DIEGO AVENUE AND ESTRELLA STREE, SAN JUAN, PR, 00940-1269

  Registry ID: 110055634513

• DE DIEGO PUMP STATION

  AVE. DE DIEGO AVE. AND CALLE ESTRELLAS, SAN JUAN, PR, 00912

  Registry ID: 110064693880

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 504 — Emergency Powers
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• PR Department of Transportation and Public Works et al.entered 2017-06-29

  Primary law: CWA

Timeline (6 milestones)

• 2013-09-23Referred To Dept Of Justice
• 2013-09-30Enforcement Action Data Entered
• 2014-11-17Complaint Filed With Court
• 2015-12-23Final Order Lodged
• 2017-06-29Concluded
• 2017-06-29Final Order Entered