EPA orders DTOP to address stormwater violations in Ponce
The agency has warned that noncompliance could lead to fines of up to $66,712 per day.
The U.S. Environmental Protection Agency (EPA) has issued an administrative compliance order (ACO) to Puerto Rico’s Department of Transportation and Public Works (DTOP, in Spanish) for violating stormwater regulations under the Clean Water Act (CWA) in the Playa Ward area of Ponce.
The violations are related to inadequate maintenance of the storm sewer system, known as the MS4, which is responsible for managing stormwater discharges into local rivers and the Caribbean Sea.
The order, effective Sept. 30, requires the DTOP to take immediate action to comply with its National Pollutant Discharge Elimination System (NPDES) permit, which governs the discharge of pollutants from stormwater systems into U.S. waters.
The EPA cited multiple violations, including sanitary sewer overflows (SSOs), poor maintenance of storm sewers, and failure to control pollution runoff.
The DTOP operates an MS4 that extends through Puerto Rico and is responsible for stormwater management in urbanized areas, including Ponce’s Playa Ward.
The federal agency stated in the order that inspections in 2022 and 2024 revealed significant issues with the storm sewer system. A March 2022 inspection found untreated sewage and wastewater contaminating stormwater in residential areas of Playa Ward.
The EPA issued requests for information in early 2023, but follow-up inspections in August 2024 showed that many of the original problems persisted, the agency said.
The EPA identified ammonia levels higher than 1 mg/L, indicating wastewater presence, and noted the lack of maintenance in key areas of the MS4. DTOP’s failure to address these issues in a timely manner has resulted in multiple citizen complaints, particularly about SSOs after heavy rains.
These overflows have led to the discharge of pollutants into the Matilde, Bucaná and Portugués rivers, as well as the Caribbean Sea, all of which are classified as “waters of the United States.”
Under the terms of the ACO, DTOP must take several actions to bring the stormwater system into compliance with its NPDES permit. Key requirements include:
- Mapping of the MS4 system: DTOP is required to submit a detailed map of the storm sewer system, including catchment areas, pipes, outfalls and potential pollution sources. The mapping must be completed within six months.
- SSO inventory: DTOP must create an inventory of all SSOs that have occurred within the last three years, including measures taken to mitigate pollution. The inventory is due within three months.
- Outfall screening and sampling: The agency is required to screen and sample all outfalls for pollutants such as ammonia, surfactants and fecal coliforms in both dry and wet weather conditions. The results will be used to identify areas where illicit discharges may be occurring.
- Remedial work plan: DTOP must develop a comprehensive plan for investigating and addressing illicit connections or faulty infrastructure contributing to pollution. The plan includes several phases, from reconnaissance to full remediation, which must be implemented over a two-year period.
Failure to comply with the terms of the order could result in significant penalties. The EPA has warned that noncompliance could lead to fines of up to $66,712 per day for violations of the CWA. The DTOP is also required to submit quarterly progress reports detailing its actions to rectify the issues, beginning in January.
