Amigos de Tres Palmas sues Rincón builders over pollution
Amigos de Tres Palmas Inc. (ATP), a nonprofit dedicated to protecting natural resources in Rincón, has filed a federal lawsuit alleging repeated violations of the Clean Water Act tied to a 6.4-acre construction project in Barrio Puntas.
The complaint, filed in the U.S. District Court for Puerto Rico, names Rincon Bros 3 OZF LLC and Arc Engineering & Construction Inc. as defendants. ATP says polluted stormwater from the site has flowed onto members’ properties and into Playa Escondida beach, damaging land and creating health risks.
According to the lawsuit, “during rain events, runoff from the construction site carrying rocks, sand and soil leaves the property” and reaches nearby homes. The filing says some residents have had to “build defenses” to keep floodwaters out.
The runoff allegedly flows into a ditch and creek that discharge “into the Atlantic Ocean at Playa Escondida,” producing plumes of murky water that ATP members argue make the beach unsafe and unusable.
ATP contends that Rincon Bros controls the project and Arc Engineering has been clearing land since October. Because the site disturbs more than one acre, the groups argue, the developers are required to secure a National Pollutant Discharge Elimination System (NPDES) permit.
The suit alleges they failed to do so and also neglected to create a stormwater pollution prevention plan, stabilize exposed soil, install sediment controls, conduct inspections or assemble a qualified “stormwater team.”
“The defendants are currently discharging pollutants from their construction site into navigable waters without an NPDES permit,” the lawsuit states.
Under the Clean Water Act, civil penalties can reach up to $25,000 per day for each violation. ATP is asking the court to declare the developers in violation, order them to stop the discharges, impose penalties, and award attorney and expert fees.
U.S. District Court Judge Gina R. Mendez-Miró is presiding over the case.
