EPA directs DTOP to address Clean Water Act infractions

EPA directs DTOP to address Clean Water Act infractions

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The U.S. Environmental Protection Agency has issued a directive mandating the Puerto Rico Department of Transportation and Public Works (DTOP, in Spanish acronym) to address violations of the Clean Water Act concerning distinct storm sewer systems (MS4) and the stormwater management initiative in Ponce.

As per a recent announcement, DTOP owns and manages various storm sewer systems across Puerto Rico, including those along highways PR-123 and PR-585 in the Playa district of Ponce.

“Managing stormwater is essential for protecting public health and the environment. It also plays a vital role in preventing flooding, particularly in coastal areas like Barrio Playa,” stated Lisa F. Garcia, administrator for EPA Region 2. “EPA’s enforcement of the Clean Water Act addresses historical issues like inadequate management and flooding while also securing a safer and healthier future for the residents of Barrio Playa.”

The EPA has received reports from the local community concerning flooding incidents in the specified regions of Ponce. Since 2022, the federal agency has been evaluating the system and discovered that DTOP had not established a stormwater management plan to identify unlawful discharges within their storm sewer systems at Ponce Playa. Illegal dumping and connections can introduce harmful pollutants, such as motor oil and sewage, into the storm sewer systems.

The most recent investigation by the EPA took place in August 2024, with participation from DTOP officials, Ponce Municipality, Puerto Rico Aqueduct and Sewer Authority (PRASA), and local community leaders from Ponce Playa. The inspection indicated that the storm sewer systems managed by DTOP lack the necessary operation and maintenance, with unpermitted pollutants entering the system, adversely affecting the community.

The directive requires DTOP to undertake several steps, including:

1. Create and submit to the EPA a map of the storm sewers illustrating DTOP’s MS4s at designated segments within Ponce Playa.

2. Examine its storm sewer systems for any links to PRASA’s sanitary sewer systems that might lead to sanitary sewer overflows and inform PRASA of the findings from such examinations.

3. Compile an inventory of the discharge outfalls and interconnections of DTOP’s storm sewer systems in Ponce Playa.

4. Develop a work plan to conduct evaluations and implement enhancements. This plan must prioritize identifying illegal discharges in the system; inspecting and clearing storm sewer systems; and replacing or constructing infrastructure as required. Conduct outfall monitoring for specific pollutants like enterococci, fecal coliform, ammonia, surfactants, boron, pH, and total phosphorus.

The EPA directive incorporates a comprehensive timeline for the execution of compliance measures aimed at eliminating illicit discharges into the Caribbean Sea.

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