The Consent Decree resolves the Clean Water Act enforcement litigation against the Puerto Rico Aqueduct and Sewer Authority (PRASA) for unauthorized discharges of pollutants in violation of Section 301 of the Act, and for violations of the Puerto Nuevo Wastewater Treatment Plant (Puerto Nuevo WWTP) NPDES permit. In addition, the Consent Decree consolidates three CDs that are currently in effect, and incorporates and re-distributes the pending injunctive obligations thereunder. The Puerto Nuevo WWTP injunctive relief provided in this proposed CD, along with that provided in the Municipality of San Juan, the Department of Natural and Environmental Resources, and the Department of Transportation and Public Works Consent Decrees, comprise the Regional initiative to bring much needed relief to the impoverished Martin Pena communities.
EPA included in the consolidation the violations Region 2 had documented for PRASA's Puerto Nuevo WWTP sewage collection system. These violations resolved in the proposed CD consist of discharges of pollutants (primarily, untreated sewage) into the Cano Martin Pena, Condado Lagoon, San Juan Bay and Atlantic Ocean, all of which are waters of the United States, which occurred due to poor maintenance and operation of the collection system (primarily, sanitary sewer overflows).
PRASA owns and operates an immense number of facilities due to the topography of the island and the number of isolated communities that are scattered throughout Puerto Rico