The U.S. EPA and Department of Justice have agreed on a settlement modification with the Puerto Rico Aqueduct and Sewer Authority (PRASA) to make major improvements and upgrades to the island’s sanitary collection system and wastewater treatment plants.
The settlement modification updates and expands upon obligations from a 2016 Consent Decree between the parties. EPA says that it and the Department of Justice agreed to modify the 2016 agreement in consideration of the damages caused by hurricanes Irma and Maria, as well as shifting financial circumstances that impeded PRASA’s ability to comply with certain requirements.
"The people of Puerto Rico deserve access to clean water and major improvements to their water infrastructure are overdue,” said Larry Starfield, Acting Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “This revised agreement requires PRASA to improve the collection and treatment of domestic sewage and wastewater, which is key to public health.”
The upgrades would allow the authority to focus its resources on a reduced number of better-operated and more efficient facilities; meet certain revised schedules for specified wastewater infrastructure projects; and execute 17 new wastewater projects, which are estimated to cost $534 million.
PRASA also agreed to increase transparency with the public regarding the occurrence of combined sewer overflows (CSOs).
The injunctive relief in the Consent Decree and this modification is estimated to amount to over $1.2 billion of infrastructure projects. It includes the consolidation of several facilities that were affected by the hurricanes into more resilient plants, and construction or improvement of sanitary sewer infrastructure at underserved communities to address environmental justice concerns.
The agreement ensures the decommissioning of antiquated and ineffective wastewater treatment plants at Arecibo and Camuy along with the diversion of the wastewater to the Barceloneta Wastewater Treatment Plant, a secondary and more efficient treatment facility.
Certain of PRASA’s previous obligations remain unchanged, including its obligation to undertake a comprehensive operation and maintenance program in the Puerto Nuevo sanitary sewer system and a comprehensive analysis of the system to determine whether further investments must be made to ensure that the system is brought into legal compliance, and to conduct immediate repairs at specific areas of concern. For the Puerto Nuevo sewer system, the public will be provided with information on PRASA’s website concerning where CSOs occur within the system, and there will be extensions of time to complete reconnaissance and cleaning activities for priority areas of concern identified within the sewer system.
The settlement, lodged on June 29, 2023 in the U.S. District Court for the District of Puerto Rico, is still subject to a 30-day public comment period and subsequent approval by the federal court.
