U.S. EPA orders Puerto Rico DTPW to comply with Clean Water Act

Oct. 22, 2024
The U.S. EPA has ordered the Puerto Rico Department of Transportation to comply with the Clean Water Act in Ponce, Puerto Rico.

The U.S. Environmental Protection Agency (EPA) has issued an administrative order to the Puerto Rico Department of Transportation and Public Works (DTPW) requiring them to resolve Clean Water Act violations associated with the municipality’s separate storm sewer systems (MS4) and stormwater management program.

DTPW owns and operates several storm sewer systems in Puerto Rico, including those located in PR-123 Road and PR-585 Road at Playa Ward in the Municipality of Ponce.

“Stormwater management is crucial for safeguarding people’s health and the environment,” said Lisa F. Garcia, EPA Region 2 administrator, in a press release. “It also helps prevent flooding, especially in coastal communities like Barrio Playa. EPA’s enforcement of the Clean Water Act is addressing past issues such as poor management and flooding, and it is also ensuring a safer, healthier future for the residents of Barrio Playa.”

The EPA has received complaints from the local community about flooding events at PR-123 Road and PR-585 in Ponce Playa. EPA has been inspecting the system since 2022. EPA found that DTPW had not implemented a stormwater management plan that would detect illegal discharges into their storm sewer systems at Ponce Playa.

Illegal dumping and connections can result in serious pollutants like car oil and sewage getting into storm sewer systems.

The most recent EPA investigation was conducted in August 2024. EPA was joined by officials from DTPW, Municipality of Ponce, Puerto Rico Aqueduct and Sewer Authority (PRASA), and Ponce Playa community leaders.

The inspection revealed that DTPW’s storm sewer systems lack required operation and maintenance, and unpermitted pollutants are being discharged into the system, to the detriment of the community.

The administrative order requires DTPW to:

  • Develop and submit to EPA a storm sewer map depicting DTPW’s MS4s at specified segments in Ponce Playa.
  • Investigate its storm sewer systems for any connection to PRASA’s sanitary sewer systems that may cause sanitary sewer overflows and notify PRASA of the results of such investigations.
  • Develop an inventory of DTPW’s storm sewer systems discharge outfalls and interconnections in Ponce Playa.
  • Prepare a work plan to perform assessments and make improvements. This plan will focus on identifying illegal discharges into the system; inspecting and cleaning storm sewer systems; and replacing or constructing infrastructure, if needed. Perform outfall monitoring for specific pollutants including enterococci, fecal coliform, ammonia, surfactants, boron, pH and total phosphorous.

The EPA order includes a detailed schedule for the performance of compliance measures that will result in the elimination of illicit discharges into the Caribbean Sea.