EPA v. Puerto Rico Industrial Development Corporation (PRIDCO)

Case summary

On January 17, 2023, the United States District Court, District of Puerto Rico, approved and entered a proposed Consent Decree lodged with the Court on December 6, 2022 for recovery of $11 million of past response costs incurred at the Maunabo Groundwater Superfund Site. The United States initially filed a complaint against the Defendant in 2015 for recovery of its past response costs at the Site. DOJ argued that the Defendant, as the owner of an industrial park at the Site, was legally responsible for the contaminated groundwater, and in 2018, the District Court agreed, awarding EPA $5.5 million of its past response costs and holding the Defendant accountable for future costs as well. The Defendant appealed the decision to the U.S. Court of Appeals for the First Circuit, which upheld the District Court's ruling. Because the United States incurred additional response costs since 2018, the United States and Defendant agreed, and the District Court approved, a Consent Decree that provides for the Defendant to reimburse the United States for $11 million of response costs incurred through May 2022. The Court's approval of the decree resolves the United States' claims in this matter.

Defendants (1)

• Puerto Rico Industrial Development CorporationNamed in complaintNamed in settlement

Facilities (1)

• MAUNABO AREA GROUND WATER CONTAMINATION

  STATE ROAD #3, KM 110.2, MAUNABO, PR, 00707

  Registry ID: 110022814114

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• Puerto Rico Industrial Development Corporation (PRIDCO)entered 2023-01-17

  Primary law: CERCLA

• Puerto Rico Industrial Development Corporation (PRIDCO)entered 2019-07-23

  Primary law: CERCLA

Timeline (5 milestones)

• 2015-09-23Referred To Dept Of Justice
• 2015-09-24Enforcement Action Data Entered
• 2015-09-25Complaint Filed With Court
• 2022-12-06Final Order Lodged
• 2023-01-17Final Order Entered