EPA and DOJ Reach Agreement with Ponce to Upgrade Stormwater Infrastructure and Protect Water Quality
San Juan, PR – The Environmental Protection Agency and the United States Department of Justice have reached a proposed settlement with the Municipality of Ponce to resolve Clean Water Act violations associated with the municipality’s separate storm sewer systems (MS4) and stormwater management program. The agreement, filed today as a proposed Consent Decree in the U.S. District Court for Puerto Rico, requires Ponce to reduce pollutant discharge from its MS4 into the Bucaná and Portugués Rivers and the Caribbean Sea.
“La Playa de Ponce has historically been overburdened by pollution,” said EPA Regional Administrator Lisa Garcia. “The Municipality of Ponce is taking the necessary steps to correct a long-standing problem and resolve it in a way that will result in less pollution going into local waters and will protect the environment and public health.”
Under the proposed settlement, the Municipality of Ponce will invest approximately $85 million over 6.5 years to investigate, clean, and upgrade its stormwater system, including five flood control pump stations in La Playa, Puerto Viejo, Villa Pesquera, Padre Noel, and Los Meros. These measures include infrastructure upgrades and compliance with a permit designed for small MS4 systems in Puerto Rico. Additionally, the municipality will pay $25,000 in civil penalties.
Under the proposed Consent Decree, the Municipality of Ponce must:
- Develop a schedule to update storm sewer maps, identifying discharge structures such as outfalls, surface waters, pipes, open channel conveyances, catchment delineations, manholes, flood control pump stations, and interconnections with other storm sewer systems.
- Complete an inventory of outfalls and interconnections.
- Maintain a registry of complaints about illicit discharges and connections.
- Develop and implement procedures for screening and sampling all outfalls and interconnections during dry and wet weather to identify illicit discharge indicators.
- Install and maintain warning signs at specific outfalls in La Playa.
- Conduct a hydrology and hydraulic study of the watershed flowing into and discharging through the Puerto Viejo Flood-Control Pump Station Outfall.
- Submit a remediation plan and implementation schedule for EPA review and approval, addressing the findings of the hydrology and hydraulic study.
The proposed Consent Decree will be open for a 30-day public comment period. A notice with the details of the public comment period will be published at the Federal Register. EPA and the U.S. Department of Justice invite all affected community members and other stakeholders to review the Consent Decree and provide their input. The public comment process is designed to help ensure that all voices are heard and that all views about the proposed Consent Decree are considered.
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