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This week, the U.S. Environmental Protection Agency (EPA) imposed an $80,000 fine on Transporte Rodríguez Asfalto Inc. (TRA) for infringing the federal Clean Water Act (CWA) after discovering the unauthorized discharge of rainwater containing pollutants from its construction activity into the Cañas River in Aguada.
The CWA forbids the release of pollutants into the waters of the United States without a valid permit.
“We are holding TRA responsible under the federal Clean Water Act, which aims to safeguard stormwater entering the Cañas River from harmful pollution that poses risks to public health and the environment,” stated EPA Regional Administrator Lisa F. García. “If not properly managed, construction activities can lead to enduring harm to local rivers and ecosystems. Going forward, TRA must secure a construction permit, adopt best practices, and curb future discharges into the river.”
The EPA noted that in September 2023, TRA started earthmoving for a used tire processing facility on a 13-acre site located between highways PR-2 and PR-48 in Aguada. Despite performing extensive earthmoving operations, TRA neglected to secure the necessary permits or implement the required erosion and sediment controls. Consequently, stormwater runoff generated from the earthmoving activities flowed into the Cañas River, a tributary of the Culebrinas River, carrying dangerous pollutants that compromised water quality.
In retaliation to the violations, the EPA also delivered an administrative consent order compelling TRA to undertake corrective measures, which include:
* Stabilize the soil and manage erosion.
* Revise the Stormwater Pollution Prevention Plan.
* Amend application for EPA’s Construction General Permit.
* Provide plans detailing stormwater collection and management systems.
* Submit progress reports.
