Puerto Rico Aqueduct and Sewer Authority to

(New York, N.Y.) Under a settlement with the U.S. Department of Justice and the E.P.A., the Puerto Rico Aqueduct and Sewer Authority (PRASA) has agreed to make major upgrades, enhance inspections and cleaning of existing facilities within the Puerto Nuevo system and continue enhancements to its systems island-wide. The Puerto Nuevo sewer system serves the municipalities of San Juan, Trujillo Alto, and portions of Bayamón, Guaynabo and Carolina. The settlement updates and expands upon legal settlement agreements reached with PRASA in 2004, 2006 and 2010. The enhancements will supplement plans already being implemented under the previous settlements and PRASA's Capital Improvement Program, which includes construction of necessary infrastructure at wastewater treatment plants and sludge treatment systems, as well as the Puerto Nuevo collection system. Under this agreement, PRASA will prioritize island-wide capital improvement plans and take into consideration the effect of each requirement on the population served. In recognition of the financial conditions in Puerto Rico, the U.S. government waived the payment of civil penalties associated with violations alleged in the complaint filed today.

"These upgrades are urgently needed to reduce the public's exposure to serious health risks posed by untreated sewage," said Assistant Attorney General John C. Cruden for the Justice Department's Environment and Natural Resources Division. "The U.S. has taken Puerto Rico's financial hardship into account by prioritizing the most critical plans first, and allowing a phased in approach in other areas, but let me be clear that these requirements are necessary for the long-term health and safety of San Juan area residents."

"This arrangement will reduce the massive amount of untreated sewage and other pollutants that harm major waterways in the San Juan area, improving water quality and public health conditions for thousands of people," said Judith A. Enck, E.P.A. Regional Administrator.

PRASA's violations include delivers of untreated sewage and other pollutants into waterways in the San Juan area including the San Juan Bay, Condado Lagoon, Martín Peña Canal and the Atlantic Ocean. These delivers have been in violation of PRASA's National Pollutant Discharge Elimination System (NPDES) permits and the Clean Water Act. PRASA also violated its NPDES permit by failing to report discharges in the Puerto Nuevo collection system and by failing to meet effluent limitations and operations and maintenance obligations at numerous facilities island-wide.

Under the agreement, PRASA will spend approximately $1.5 billion to make necessary improvements. PRASA will undertake a comprehensive operation and maintenance plan in the Puerto Nuevo sanitary sewer system, including conducting a comprehensive analysis of the system to determine whether subsequent investments must be made to ensure the system is brought into legal compliance, and to conduct immediate repairs at specific areas of concern.

PRASA has also agreed to invest $120 million to construct sanitary sewers that will serve communities surrounding the Martín Peña Canal, a plan that will benefit approximately 20,000 people. For decades, the Martín Peña communities have struggled with poverty and environmental degradation. This project, which will begin after other infrastructure enhancements near the canal are completed, will greatly reduce the amount of untreated sewage and other contaminants entering the canal.

The terms and conditions of the settlement announced today will update, replace and supersede the 3 existing consent decrees between the U.S. and PRASA. In recognition of PRASA's financial challenges, many of the provisions of the arrangement have been tailored to focus on the most critical problems first, giving more time to address the less critical problems over time. Additionally, certain plans required under the 2006 and 2010 agreements were found to no longer be necessary, as the population has declined, and they have been eliminated under this agreement.

The settlement, lodged today in the U.S. District Court of Puerto Rico, is subject to a 30-day public review period and approval by the federal court. The settlement will be accessible for viewing at www.justice.gov/enrd/Consent_Decrees.html

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