EPA v. Municipality of Ponce

Case summary

On January 23, 2025, the U.S. District Court for the District of Puerto Rico entered the proposed Consent Decree (CD) that was lodged with the court on October 15, 2024. The CD requires the Municipality of Ponce to implement injunctive relief measures that will: (i) prevent future unpermitted discharges from Ponce?s Municipal Separate Storm Sewer System (?MS4?) outfalls into U.S. Waters; and (ii) bring Ponce into compliance with its National Pollutant Discharge Elimination System (?NPDES?) General Permit for Discharges from Small MS4s within the Commonwealth of Puerto Rico. The CD also requires Ponce to pay a $25,000 civil penalty. These measures will collectively begin to address the violations of the Clean Water Act (?CWA?) alleged in the Complaint filed by the United States on October 15, 2024. The Commonwealth of Puerto Rico was joined in this action as a nominal party under Section 309(e) of the CWA, 33 U.S.C. ? 1319(e).

Defendants (2)

• Commonwealth of Puerto RicoNamed in complaintNamed in settlement
• Municipality of PonceNamed in complaintNamed in settlement

Facilities (1)

• MUNICIPALITY OF PONCE

  COMERCIO STREET PLAZA (IN FRONT OF LAS), PONCE, PR, 00733

  Registry ID: 110044243823

Statutes cited

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

Enforcement conclusions (1)

• Municipality of Ponceentered 2025-01-23

  Primary law: CWA

  Federal penalty: $25,000

Timeline (5 milestones)

• 2016-09-28Referred To Dept Of Justice
• 2016-09-30Enforcement Action Data Entered
• 2024-10-15Final Order Lodged
• 2024-10-15Complaint Filed With Court
• 2025-01-23Final Order Entered