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U.S. Asks Judge To Make PRASA Pay For Failing To Comply With Mayaguez Settlement

Release Date: 04/23/1999
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(#99068) SAN JUAN, P.R. -- The U.S. Department of Justice (DOJ) recently filed a motion on behalf of the U.S. Environmental Protection Agency (EPA) seeking more than $200,000 in penalties from the Puerto Rico Aqueduct and Sewer Authority (PRASA) for its failure to meet the terms of a Consent Decree settling numerous violations of the Clean Water Act at its Mayagüez Regional Wastewater Treatment Plant. Under the Consent Order, entered in federal court on June 4, 1998, PRASA paid $150,000 in fines and agreed to make necessary improvements at its Mayagüez Regional Wastewater Treatment Plant to comply with its Clean Water Act permit. PRASA was also required to contribute another $400,000 to the Mayagüez Watershed Initiative to identify and address nonpoint sources of pollution to the Mayagüez watershed, and upgrade its facilities at a likely cost of millions to bring its Mayagüez plant into compliance with its Clean Water Act permit. The Order was revised to reflect public comment.

"Already PRASA is slipping dangerously behind schedule, and it must be held accountable for failing to live up to the terms of the settlement," said Jeanne M. Fox, EPA Region 2 Administrator. "We want the court to get PRASA back on track and ensure that they make all the necessary improvements by the Order deadline."

The settlement required PRASA to award a contract by April 1, 1998 for the design of all facilities needed to bring its Mayagüez Regional Wastewater Treatment Plant into compliance. This design was to have been completed by January 2, 1999. PRASA has not awarded a contract or designed the facilities, and has violated the consent decree by missing both deadlines. To date, the penalties for this delay that are stipulated in the settlement have built up to more than $230,000 and are continuing to accrue each day PRASA is out of compliance. EPA is requesting that the Court order PRASA to pay these funds into an escrow account, as required by the consent decree. If PRASA constructs all facilities and comes into compliance with the Clean Water
Act by October 1, 2001, then it will get these monies back.

For more information contact:
Mary Mears, Press Office
EPA Region 2
290 Broadway
NY, NY 10007-1866
Voice: 212-637-3669 FAX: 212-637-5046 E-Mail: mears.mary@epamail.epa.gov