EPA v. Total Petroleum Puerto Rico Corporation

Case summary

EPA performed a NPDES inspection following a reported 25,000-gallon unleaded gasoline spill that occurred at the Terminal on November 28, 2010. As a result, EPA found the Defendant in violation of its Permit and the federal NPDES stormwater regulations, and, therefore, on December 16, 2011, EPA issued an Administrative Compliance Order, Docket Number CWA-02-2012-3101, citing the violations and ordering the Defendant to take specific actions to bring the Terminal into compliance with the CWA. The Defendant continues to violate the ACO and the CWA, for, among other things, its exceedances of effluent limits, and failures and delays in: implementing structural BMPs; revising and implementing a SWPPP; establishing representative discharge and sampling points; filing and obtaining NPDES stormwater permit coverage for unpermitted stormwater discharges associated with industrial activity; and monitoring and reporting discharge data representative of the Terminal's discharges of pollutants. These violations are on-going since the Defendant became the owner and operator of the Terminal on or about November 1, 2008. On November 10, 2016, the Consent Decree was entered, requiring payment of a civil penalty and the performance of a SEP. The SEP involves installation of approximately 30 artificial reefs modules for the third and final phase of the Condado Lagoon Tano Coral Trail and Reef Enhancement Project, which is built in the northeastern reach of the Condado Lagoon's outlet to the Atlantic Ocean. The CD also requires the Defendant to construct a new stormwater collection and discharge system (New S3) to collect and discharge stormwater into the receiving water through unobstructed free flow engineered structures during an event equal to or greater than a 100-year / 24-hour storm. This New S3 will also provide for new oil/water separation treatments at two new discharge points and adequate stormwater sampling locations to monitor runoff discharges from the Terminal into the receiving body of water. The Defendant will also have to submit updated applications for NPDES stormwater permitting at the Terminal.

Defendants (1)

• Total Petroleum Puerto Rico CorporationNamed in complaintNamed in settlement

Facilities (1)

• TOTAL PETROLEUM PUERTO RICO CORP.

  PO BOX 362916, SAN JUAN, PR, 00936-2916

  Registry ID: 110009436468

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• Total Petroleum Puerto Rico Corporationentered 2016-11-10

  Primary law: CWA

  Federal penalty: $345,000 · SEP: $40,000

Timeline (8 milestones)

• 2013-09-23Referred To Dept Of Justice
• 2013-09-27Enforcement Action Data Entered
• 2016-09-13Complaint Filed With Court
• 2016-09-13Final Order Lodged
• 2016-11-10Concluded
• 2016-11-10Final Order Entered
• 2019-02-25Enforcement Action Closed
• 2019-02-25NPDES Closed