Puerto Rico Developer to Pay $500,000 Penalty to Address Clean Water Act Violations

(New York, N.Y.) The E.P.A. today announced that it has reached an arrangement with F&R Contractors Corporation and F&R Contractors LLC (F&R) to settle the companies' alleged violations of requirements to control pollution from stormwater discharges. The arrangement requires F&R to pay a $500,000 penalty, establish new staffing positions to oversee a stormwater compliance program, adopt companywide practices that require location meetings and inspections prior to construction, and provide comprehensive stormwater compliance training for employees and contractors.

"Stormwater often carries pollution and sediment into local waterways that can damage water quality," said E.P.A. Regional Administrator Judith A. Enck. "Large quantities of stormwater can run off of construction sites and it is important that stormwater be controlled. The E.P.A. takes these violations seriously, and today's settlement illustrates that E.P.A. will take all actions necessary to make sure that construction sites are not polluting water bodies in Puerto Rico."

Under the federal Clean Water Act, developers and contractors responsible for operations at construction sites one acre or larger are required to implement stormwater pollution prevention projects to keep soil and contaminants from running off into nearby waterways. These projects can include measures such as the establishment of sediment barriers, the implementation of controls such as berms or catch basins to reduce stormwater flowing onto the construction site, and the protection of slopes. Water carries soil and contaminants off of construction sites at a rate typically ten to 20 times greater than that from agricultural lands and 1,000 to 2,000 times greater than that from forested lands.

The complaint alleged that F&R violated numerous stormwater requirements at 2 sites by failing to adequately prepare or revise site-specific stormwater pollution prevention plans; failing to implement best management practices; and failing to post adequate signage at the sites. The complaint also alleged that at a 3rd location F&R discharged stormwater into the Río Canóvanas, the Río Grande de Loíza and ultimately the Atlantic Ocean without a permit.

F&R operates 7 construction sites throughout Puerto Rico. Under the settlement, F&R will staff a Company Stormwater Compliance Manager to oversee the company's stormwater compliance plan at these sites and any future sites the company may operate. Among other responsibilities, the Company Stormwater Compliance Manager will implement F&R's stormwater training program; submit quarterly compliance summary reports to the EPA; manage all activities necessary to meet stormwater requirements at each of the company's construction sites; and ensure a stormwater pollution prevention project has been completed prior to commencement of construction activities at all company sites. F&R will also staff a Location Stormwater Compliance Manager at each Location to oversee stormwater compliance, to stop work, or order work, if necessary to ensure compliance, and to update the site's stormwater pollution prevention plan. F&R will also provide stormwater compliance training for employees and contractors with operational responsibilities at a construction site, including comprehensive training for all managers, site-specific training in Spanish for field employees, and yearly refresher training for all managers.

The suggested consent decree has been lodged in the U.S. District Court for the District of Puerto Rico, and is subject to a 30-day public review period and final court approval. A copy is accessible on the Department of Justice website at: http://justice.gov/enrd/Consent_Decrees.html

For more information about requirements of the Clean Water Act and how E.P.A. protects the nation's water, visit http://water.epa.gov/

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