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