Certified Mail - Return Receipt Requested

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
V, 2515
CARIBBEAN ENVIRONMENTAL PROTECTION DIVISION

CITY VIEW PLAZA, SUITE 7000
#48 165 RD. KM 1.2
GUAYNABO, PR 00968-8069
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mrs. Carmen Villar Prados, P.E.

Executive Director
Puerto Rico Highway & Transportation Authority
P. 0. Box 42007
San Juan, Puerto Rico 00940-2007
Re: Drill Shaft Retaining Wall Construction Project
Administrative Compliance Order
Docket Number CWA-02-2016-3109
Dear Mrs. Villar Prados:

The United States Environmental Protection Agency (EPA), Region 2, has made
findings that the Puerto Rico Highway & Transportation Authority (PRTHA) and Del
Valle Group Corporation (DVG) are in violation of Sections 301(a) and 402(p) of the
Clean Water Act (CWA), 33 U.S.C. 1251 et seq. Enclosed please find two originals of
the Administrative Compliance Order, Docket Number CWA-02-2016-3109, issued
pursuant to Section 309(a) of the CWA, 33 U.S.C. 1319(a), which detail these
findings. Please acknowledge receipt in one of the originals and return it to EPA.
Failure to comply with the enclosed Order may subject PRHTA to civil and/or criminal
penalties pursuant to Section 309 of the CWA. Failure to comply with this Order may also
subject PRTHA to ineligibility for participation in work associated with Federal contracts,
grants, or loans.
If you have any questions regarding this matter, please contact Mr. Jaime Lopez,
Multimedia Permits and Compliance Branch, at (787) 977-5851 or lopez.jaime@epa.gov .
Sincerely,
Jose C. Font
Director
Caribbean Environmental Protection Division
Enclosures
cc:
Wanda Garcia, EQB (w/o enclosure)

Internet Address (URL) http//www.epa.gov
Recycled/Recyclable Printed with VegetableOil Based Inks on Recycled Paper (Minimun 50% Postconsumer content)

REGION 2
In the Matter of:

PUERTO RICO HIGHWAY & TRANSPORTATION
AUTHORITY
P. 0. Box 42007
Del Valle Group Corporation
P.O. Box 2319
Toa Baja, P.R. 00951-2319
DRILL SHAFT RETAINING WALL
CONSTRUCTION PROJECT(AC-02533)
Road PR-25, Km. 1.1
Puerta de Tierra
San Juan, Puerto Rico
ADMINISTRATIVE
COMPLIANCE ORDER
DOCKET NUMBER
CWA-02-2016-3109
Proceeding pursuant to Sections 308(a) and 309(a)

of the Clean Water Act, 33 U.S.C. 1318(a) and
1319(a).
II.
PRELIMINARY STATEMENT
1
This Order is issued pursuant to the authority vested in the Administrator of

the United States Environmental Protection Agency (EPA) pursuant to
Sections 308(a) and 309(a) of the Clean Water Act ("CWA" or the "Act"),
33 U.S.C. 1318(a) and 1319(a).
2.
The Administrator has delegated the authority to take these actions to the
Regional Administrator of Region 2, who in turn, has delegated such
authority to the Director of the Caribbean Environmental Protection Division.
STATUTORY AND REGULATORY AUTHORITIES

3.
Section 301(a) of the CWA, 33 U.S.C. 1311(a), provides in part that

"[e]xcept as in compliance with [CWA 402], the discharge of any pollutant
by any person shall be unlawful."
4.
Section 402 of the CWA, 33 U.S.C. 1342, defines the National Pollutant
Discharge Elimination System (NPDES) as the national program for, among
other things, issuing and enforcing discharge permits.
5.
Section 402(a)(1) of the CWA, 33 U.S.C. 1342(a)(1), provides that "the

Administrator may, after opportunity for public hearing, issue a permit for
the discharge of any pollutant.... upon condition that such discharge will
meet.... such requirements as the Administrator determines are necessary
to carry out the provisions of the [CWA]."
6.
Section 402(p) of the CWA, 33 U.S.C. 1342(p), requires a NPDES permit

with respect to a storm water discharge associated with industrial activity.
Section 402 of the CWA authorizes the Administrator to promulgate

regulations for the implementation of the NPDES requirements.
8.
Pursuant to the CWA, on April 1, 1983, EPA promulgated regulations to

implement the NPDES program, under EPA Administered Permit
Programs: the NPDES, at 40 C.F.R. 122, as amended.
Pursuant to the NPDES regulations at 40 C.F.R. 122.5(b), the NPDES
program requires permits for the discharge of any pollutant from any point
source into waters of the United States.
10.
Pursuant to the NPDES regulations at 40 C.F.R. 122.26(a)(1)(ii) and

122.26(b)(14)(x), operators are required to obtain a NPDES permit for storm
water discharges associated with construction activity.
11.
The CWA and its implementing NPDES regulations contain the following
definitions and requirements:
a.
"discharge of a pollutant" as any addition of any pollutant to

navigable waters and/or waters of the United States from any point
source. Section 502(12) of the CWA, 33 U.S.0 1362(12), and 40
C.F.R. 122.2;
b.
"facility," as any NPDES point source or any other facility or activity

(including land or appurtenances thereto) that is subject to the
regulations of the NPDES program. 40 C.F.R. 122.2;
c.
"navigable waters" as the waters of the United States, including the

territorial seas. Section 502(7) of the CWA, 33 U.S.C. 1362(7);
"Waters of the United States" means all waters such as lakes, rivers,
streams (including intermittent streams), mudflats, sandflats,
wetlands, among others, and their tributaries. 40 C.F.R. 122.2;
Drill Shaft Retaining Wall Construction Project

Panes 7 of 1R
12.
d.
"NPDES" as the National Pollutant Discharge Elimination System.

40 C.F.R. 122.2;
e.
"owner" or "operator" as the owner or operator of any facility or

activity subject to regulation under the NPDES program. 40 C.F.R.
122.2;
f.
"person" as an individual, corporation, partnership, association,

State, municipality, commission, or political subdivision of a State, or
any interstate body. Section 502(5) of the CWA, 33 U.S.C. 1362(5),
and 40 C.F.R. 122.2;
g.
"pollutant" as including, among others, solid waste, dredged spoil,

rock, sand, cellar dirt, sewage, sewage sludge and industrial,
municipal and agricultural waste discharged into water. Section
502(6) of the CWA, 33 U.S.C. 1362(6), and 40 C.F.R. 122.2;
h.
"point source" as any discernible, confined and discrete conveyance,

including but not limited to any pipe, ditch, channel, tunnel, conduit,
well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, or vessel or other floating craft, from which
pollutants are or may be discharged. Section 502(14) of the CWA,
33 U.S.C. 1362(14), and 40 C.F.R. 122.2; and
i.
"storm water associated with construction activity" as the discharge

of storm water from construction activities including clearing, grading
and excavation that result in land disturbance of equal to or greater
than 5 acres. 40 C.F.R. 122.26(b)(14)(x).
j.
"Small Construction Activity" defined at 40 C.F.R. 122.26(b)(15)

and incorporated here by reference. A small construction activity
includes clearing, grading, and excavating resulting in a land
disturbance that will disturb equal to or greater than one (1) acre and
less than five (5) acres of land or will disturb less than one (1) acre
of total land area but is part of a larger common plan of development
or sale that will ultimately disturb equal to or greater than one (1) acre
and less than five (5) acres. Small construction activity does not
include routine maintenance that is performed to maintain the
original line and grade, hydraulic capacity, or original purpose of the
site.
On February 16, 2012, EPA re-issued the NPDES General Permit for
Discharges from Construction Activities" (2012 CGP). 77 Fed. Reg. 12,286
(February 29, 2012). The 2012 CGP became effective on February 16,
2012, and expires on February 16, 2017.

Pancl A tsf ig
13.
The 2012 CGP contains the following definitions:

a.
"commencement of earth-disturbing activities" as the initial

disturbance of soils (or "breaking ground") associated with clearing,
grading, or excavating activities or other construction-related
activities (e.g., stockpiling of fill material);
b.
"commencement of pollutant-generating activities" at construction

sites occurs in any of the following circumstances:
i.
clearing, grubbing, grading, and excavation has begun;

raw materials related to your construction activity, such as
building materials or products, landscape materials,
fertilizers, pesticides, herbicides, detergents, fuels, oils, or
other chemicals have been placed at your site;
iii.
use of authorized non-storm water for washout activities, or

dewatering activities, have begun; or
iv.
any other activity has begun that causes the generation of

or the potential generation of pollutants.
c.
"construction activities" as earth-disturbing activities, such as the

clearing, grading, and excavation of land;
d.
"discharge-related activity" as activities that cause, contribute to, or

result in storm water and allowable non-storm water point source
discharges, and measures such as the sitting, construction, and
operation of storm water controls to control, reduce, or prevent
pollutants from being discharged;
e.
"earth-disturbing activity" or "land-disturbing activity" as actions taken

to alter the existing vegetation and/or underlying soil of a site, such
as clearing, grading, site preparation (e.g., excavating, cutting, and
filling), soil compaction, and movement and stockpiling of top soils;
f.
"new project" as a construction project that commences construction

activities on or after February 16, 2012;
g.
"operator" as any party associated with a construction project that

meets either of the following two criteria:
i.
the party has operational control over construction plans and

specifications including the ability to make modifications to
those plans and specifications; or

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ii.
h.
the party has day-to-day operational control of those

activities at a project that are necessary to ensure
compliance with the permit conditions.
"pollutant-generating activities" as those activities that lead to or

could lead to the generation of pollutants, either as a result of earth
disturbance or a related support activity.
14.
The 2012 CGP establishes among others, Notice of Intent ("NOI" or "eN01")
requirements, development of Storm Water Pollution Prevention Plans
(SWPPP), performance inspections, completion of inspection reports and
other conditions.
15.
Part 1.4 of the 2012 CGP indicates that the operator seeking coverage
under the 2012 CGP must submit to EPA a complete and accurate NOI prior
to commencing construction activities.
16.
Part 1.4.2 and Table 1 of the 2012 CGP requires operators of new projects
to file a NOI to obtain coverage under the 2012 CGP at least fourteen days
(14) days prior to commencing earth disturbing activities.
17.
Parts 1.4 and 7.1.1 of the 2012 CGP require operators associated with a
construction project to be covered under the 2012 CGP to develop a
SWPPP prior to submitting an NOI for coverage under the 2012 CGP.
18.
Part 1.11.1 of the 2012 CGP indicates that the NOI must be signed by a
responsible corporate officer in the case of a corporation, and by either a
principal executive officer or ranking elected official of a municipality.
19.
Part 2.1.2 of the 2012 CGP require operators associated with a construction
project to design, install, and maintain erosion and sediment controls that
minimize the discharge of pollutants from earth-disturbing activities.
20.
Part 2.1.2.3 of the 2012 CGP require operators associated with a

construction project to minimize the track-out of sediment onto off-site
streets, other paved areas, and sidewalks from vehicles exiting a
construction site.
21.
Part 2.2 of the 2012 CGP require operators associated with a construction
project to stabilize exposed portions of a site in accordance with all
requirements of this Part.

Pana c of
III.
22.
The 2012 CGP indicates that an operator is considered covered under the
2012 CGP fourteen (14) calendar days after EPA has acknowledged receipt
website
EPA's
the
on
NOI
operator's
the
of
(www.epa.gov/npdes/stormwater/cgpnoisearch), unless EPA notifies the
operator that the authorization has been delayed or denied.
23.
Section 308(a)(A) of the CWA provides that "[w]henever required to carry

out the objective of . . . [CWA Section 402] the Administrator shall require
the owner or operator of any point source to (i) establish and maintain such
records, (ii) make such reports, (iii) install, use, and maintain such
monitoring equipment or methods (including where appropriate. biological
monitoring methods), (iv) sample such effluents (in accordance with such
methods, at such locations, at such intervals, and in such manner as the
Administrator shall prescribe), and (v) provide such other information as [the
Administrator] may reasonably require."
24.
Section 309(a)(3) of the CWA provides that "[w]henever on the basis of any
information available . . . the Administrator finds that any person is in
violation of [CWA Sections 301 and 308], or is in violation of any permit
condition or limitation implementing any of such sections in a permit issued
under [Section 402 of the Act, the Administrator] shall issue an order
requiring such person to comply with such section...."
25.
Section 309(a)(5)(A) of the CWA provides that "[a]ny order issued under
[CWA Section 309] shall state with reasonable specificity the nature of the
violation, and shall specify a time for compliance . . . taking into account the
seriousness of the violation and any good faith efforts to comply with
applicable requirements."
26.
EPA is the agency within the Commonwealth of Puerto Rico with authority
to administer the federal NPDES program. EPA maintains enforcement
authority for violations of the CWA and its implementing regulations.
JURISDICTIONAL STATEMENTS
27.
The Puerto Rico Highway Transportation Authority (Respondent PRHTA) is

a public corporation created under the laws of the Commonwealth of Puerto
Rico.
28.
Respondent PRHTA is a person pursuant to Section 502(5) of the CWA, 33

U.S.C. 1362(5).
29.
Respondent PRHTA is the owner of the Drill Shaft Retaining Wall

Construction Project located in San Juan, Puerto Rico (the "Project").

Panr. A nf 1A
30.
Del Valle Group Corporation, (Respondent DVG) is a for-profit corporation

organized under the laws of the Commonwealth of Puerto Rico.
31.
Respondent DVG is a person pursuant to Section 502(5) of the CWA, 33

U.S.C. 1362(5).
32.
The Project is a point source pursuant to Section 502(14) of the CWA, 33

U.S.C. 1362(14).
33.
The Project is a facility as defined in 40 C.F.R. 122.2.
34.
Among others things, the construction activities associated with the Project
consist of:
a.
installation of drill shafts for a retaining wall on a steep slope that

collapsed during a landslide along Road PR-25 and associated
coastal erosion controls (i.e. installation of a breakwater) permitted
by the U.S. Army Corps of Engineers (SAJ-2014-00784 (NWPCPR)) that requires earth movement, including clearing and
grubbing, cut and fill, and excavation. The estimated area of land
disturbance involved in the Project is 3,170 mts2 or .79 acres;
b.
relocation of utilities including; and
c.
installation of storm water collection and discharge systems.
35. The Project became part of a larger common plan of development as it is

needed to complete the "Paseo Lineal Puerta de Tierra- Phase 3-4
Construction Project" which consists of the construction of a pedestrian and
bicycle path, and parking areas along the Road PR-25 (Paseo Lineal
Project). This project will disturb approximately 8.3 acres and started around
December 15, 2015. The project owner is the Finance and Infrastructure
Authority (AFI) and the general contractor is Omega Engineering Corp.
(OEC).
36.
At all relevant times to this Order, Respondent PRHTA was the owner
and/or operator of the Project.
37.
Respondent PRHTA has control over construction plans, site drawings and
specifications, storm water conveyances, and control designs, including the
ability to make modifications to such at the Project.
38.
Respondent DVG has control of activities at the Project that are necessary
to ensure compliance with the 2012 CGP.
39.
At all relevant times to this Order, Respondent DVG was an operator of the
Project.
Panes7nf lR
40.
Respondents discharged and continue to discharge storm water containing

pollutants" from the Project into the Atlantic Ocean.
IV.
41.
The Atlantic Ocean is a navigable water of the United States pursuant to

Section 502(7) of the CWA, 33 U.S.C. 1362(7), and 40 C.F.R. 122.2.
42.
Respondents are subject to the provisions of the CWA, 33 U.S C. 1251,

et seq., and the applicable NPDES permit application regulations found at
40 C.F.R. 122. Respondents were required to apply for and obtain NPDES
permit coverage for the Project's discharges of pollutants into waters of the
United States pursuant to Sections 301(a) and 402(a)(1) of the CWA, 33
U.S.C. 1311 (a) and 1342(a)(1).
FINDINGS OF FACT
43.
On March 4, 2015, an EPA official conducted a Compliance Evaluation

Inspection ("CEI" or "Inspection") of the Project. Among others, the purpose
of the Inspection was to evaluate Respondents' compliance with the CWA
and applicable NPDES regulations.
44.
The EPA official learned and/or observed during the Inspection the
following:
a.
the PRHTA contracted Respondent DVG for the construction of the

Project;
on or about November 19, 2014, Respondents commenced earthdisturbing activities, land-disturbing activities and pollutantgenerating activities at the Project;
c.
discharges of storm water associated with construction activities into

the Atlantic Ocean were ongoing;
construction activities and earth movement activities were ongoing;
e.
certain erosion and sediment controls had not been selected,

installed, and maintained (i.e. slopes were observed without erosion
or sediment controls) at the Project as required by Part 2.1 of the
2012 CGP;
stabilization practices were not observed at the Project (most of the
Project was observed without temporary or final stabilization) as
required by Part 2.2 of the 2012 CGP;

Pane R of 1A
g.
no off-site vehicle tracking control was observed at the entrances of

the Project as required by Part 2.1.2.3 of the 2012 CGP; and
h.
Respondent PRHTA had not developed a SWPPP for the Project as

required by Parts 1.4 and 7.1.1 of the 2012 CGP.
45.
On March 4, 2015 an EPA official reviewed the EPA Storm Water NOI
Processing Center database (the "EPA Review") to determine if
Respondents had obtained NPDES coverage for the Project.
46.
The EPA Review revealed that as of such date:
47.
a.
Respondent PRHTA has not filed an individual NPDES permit

application, as required by 40 C.F.R. 122.21, nor had it filed an NOI
form seeking coverage under the 2012 CGP as required by Part 1.4
of the 2012 CGP, for its discharges of pollutants from the Project into
waters of the United States; and
b.
Respondent DVG has not filed an individual NPDES permit

application, as required by 40 C.F.R. 122.21, nor has filed an NOI
form seeking coverage under the 2012 CGP as required by Part 1.4
of the 2012 CGP, for its discharges of pollutants from the Project into
waters of the United States.
Based on the observations made by EPA during the Inspection, EPA issued
the Administrative Compliance Order CWA-02-2015-3107 (ACO), dated
March 31, 2015, against Respondents to address the violations mentioned
above. The Compliance Order incorporated findings of violations, and
required Respondent to:
a.
cease and desist the discharge of pollutants into waters of the United
States;
b.
cease and desist all clearing, grading and excavation activities at the
Project;
c.
submit a Compliance Plan to bring the Facility into compliance with

the CGP and the Act, which shall include, among other things:
development, implementation and maintenance of soil
stabilization measures, erosion and sediment best management
practices controls;
ii.
development and submittal of a SWPPP, including legible site

maps, to comply with the terms and requirements of 2012 CGP;

Pane 4 of 1R
iii.
Respondents' filing of a complete and accurate eN01 seeking

coverage under the 2012 CGP; and
iv.
cost estimates to implement the Compliance Plan and each

erosion and sediment control, stabilization practice and pollution
prevention activity.
48.
On April 6, 2015, Respondents received the ACO.
49.
On June 2, 2015, and June 6, 2015, Respondent PRHTA and Respondent

DVG, respectively, filed an electronic NOI to obtain coverage under the
CGP for the Project.
50.
On June 18, 2015, Respondents submitted to EPA a status report which

indicated compliance with the ordered provisions of the ACO.
51.
On June 23, 2015, EPA issued a letter to Respondents informing that it

deemed the ACO to be completed after determining that Respondents had
complied with all ordered provisions of the ACO (i.e. implemented soil
stabilization measures; submitted a complete SWPPP; submitted a
Compliance Plan; among others).
52.
On February 17, 2016, EPA conducted an inspection at the Project (the

2016 Inspection"), pursuant to Section 308(a) of the CVVA, to determine
Respondents' compliance with the CWA and the CGP.
53.
The 2016 Inspection was performed in response to citizens' complaints

received by EPA alleging that pollutants (sediments) from the Project were
reaching the Atlantic Ocean, causing degradation in the area and receiving
water.
54.
The findings of the 2016 Inspection revealed that:

a.
clearing, and grading activities were observed taking place;
b.
efficient erosion and sediment controls were not in place as required

by Part 2.1 of the 2012 CGP (sediments were observed accumulated
at the slope base platform and were being removed at the time of the
inspection);
c.
stabilization practices were not observed at the Project (slopes were

observed without temporary or final stabilization) as required by Part
2.2 of the 2012 CGP;

Pane 1n of 1A
Respondent PRHTA did not perform the required inspections during

the period of November 2, 2015 through February 16, 2016, as
required by Part 4.of the CGP; and
d.
V.
Respondent PRHTA did not take any corrective actions to improve

soil stabilization and sediment controls at the Project from November
2, 2015 through February 16, 2016, as required by Part 5 of the CGP.
55.
As described in paragraphs 52-54 above, EPA has found Respondents to

be in violation of the CWA and the applicable NPDES regulations for the
discharges of pollutants into waters of the United States in violation of the
NPDES permit regulations and the CGP.
56.
Respondents' violations constitute a violation of Sections 301 and 402 of

the CWA and the applicable NPDES regulations, therefore, Respondents
are subject to an enforcement action under Section 309 of the Act.
ORDERED PROVISIONS
In consideration of the above Findings of Fact, above, and pursuant to the authority
in Section 309 of the CWA, 33 U.S.C. 1319, EPA has determined that compliance
with the following requirements is reasonable.
IT IS HEREBY ORDERED:
57.
That immediately upon receipt of the originals of this ORDER, an

authorized representative of Respondent PRHTA and Respondent DVG
shall complete the acknowledgment of receipt on one of the originals of the
Order and return said original to the Chief, Multimedia Permits and
Compliance Branch, Caribbean Environmental Protection Division, EPA,
Region 2, to the address specified Ordered Provision 61, below.
58.
That immediately upon receipt of this Order, Respondents shall cease

and desist from discharging pollutants (storm water runoff associated with
construction activities) from the Project into the Atlantic Ocean.
59.
That immediately upon receipt of this Order, Respondents shall cease

and desist all clearing, grading and excavation activities at the Project.
Nonetheless, Respondents may conduct the activities authorized under the
US Army Corps of Engineering Permit (SAJ-2014-00784 (NWP-CPR)), and
clearing, grading and excavation activities in those areas at the Project in
which the following activities are required to be conducted pursuant to the
terms and conditions of the 2012 CGP:
a.
provide temporary stabilization to areas where clearing, grading and

excavation activities had temporarily ceased;
Pin 11 of 1A
provide final stabilization to areas where clearing, grading and

excavation activities will no longer be performed;
c.
implement erosion and sediment controls, and Best Management

Practices (BMPs) at the site;
provide maintenance for the existing and future BMPs; and
e.
install and maintain sediment and erosion controls required by the

Puerto Rico Environmental Quality Board. Respondents shall submit
to EPA a written notification no later than five (5) calendar days
before the commencement of such activity. Such notification shall
include a description and itinerary of implementation of the activities
to be undertaken.
60.
That immediately upon receipt of this Order, each Respondent shall

prepare a certification stating that it has complied with the ordered
provisions referred to in paragraphs 57-59, above.
61.
That immediately upon receipt this Order, Respondents shall contact the
Jaime Lopez, Senior Enforcement Officer, Multimedia Permits and
Compliance Branch, Caribbean Environmental Protection Division at (787)
977-5865 or (787) 977-5851 / lopez.laimeepa.gov , to coordinate a
meeting which shall take place within five (5) days upon receipt of this
Order at the following address:
US Environmental Protection Agency, Region 2

City View Plaza II, Suite 7000
#48 RD. 165 km 1.2
Guaynabo, PR 00968-8069
Respondents shall make personnel available at the conference who shall
be capable of discussing Respondents' compliance/non-compliance with
the CWA, the CGP and the findings described above in this Order, and
Respondents' failure to implement and maintain best management
practices which are associated with sediment control, soil stabilization and
discharges of pollutants into waters of the United States.
62.
That within seven (7) calendar days upon receipt of this Order,
Respondents shall jointly prepare, for submittal to EPA, a Compliance Plan
to bring the Project into compliance with the requirements of the 2012 CGP
and the CWA. The Compliance Plan shall include, but not be limited, to:
a.
Respondents' contact(s) information for those responsible for the

development and implementation of the Compliance Plan;

Pane 17 of 1R
63.
b.
an implementation date (initiation and completion) for each of the

actions to be taken, which shall not exceed thirty (30) calendar days
of receipt of this Order, unless otherwise specified herein;
c.
development/selection, implementation and maintenance of soil

stabilization BMPs;
d.
development of site-specific inspection report forms;
e.
performance of inspections by qualified personnel;
f.
preparation of inspection reports by qualified personnel;
g.
designation of authorized representatives;
h.
cost estimates to implement the Compliance Plan and each erosion

and sediment control, stabilization practice and pollution prevention
activity; and
i.
modify, as needed, and implement the SWPPP to comply with the

terms and requirements of 2012 CGP. The development of erosion
and sediment controls, stabilization practices and pollution
prevention activities shall be based on the actual conditions of the
Project. Special emphasis shall be placed in managing storm water
run-on, soil stabilization and diversion of storm water runoff from
exposed soils.
Until Termination of this Order, Respondents shall jointly prepare and

submit Monthly Progress Reports (MPR) that describe the current status
and progress of Respondents' actions taken to comply with the provisions
of this Order. Respondents shall:
a.
submit each MPR to EPA no later than the fifteenth (15th) day of the
month following the month that is the subject of the MPR; and
b.
indicate in the MPR, at a minimum, the following: the actions taken,

including a cost report detailing the expenses incurred, as of the date
of the Status Report concerning the milestones and activities
performed towards meeting the provisions of this Order.

Pana 11 nf
VI.
REQUESTED INFORMATION
Based on the Findings of Fact, and pursuant to the authority of Section 308(a) of
the CWA, 33 U.S.C. 1318(a), Respondents are required to report the following
to EPA in writing:
VII.
64.
That immediately upon receipt of this Order, each Respondent shall

submit the certification referred to in paragraph 57, above.
65.
That within seven (7) calendar days upon receipt of this Order,
Respondents shall jointly submit the Compliance Plan referred to in
Paragraph 62, above.
66.
That immediately upon receipt of this Order, Respondents shall begin to

jointly submit the MPRs referred to in paragraph 63, above, in accordance
with the schedules established therein.
GENERAL PROVISIONS
67.
Any questions concerning this Order should be directed to Jaime Lopez,

Senior Enforcement Officer, Multimedia Permits and Compliance Branch,
Caribbean Environmental Protection Division, at (787) 977-5851 /
lopez.jaime@epa.gov . For information about the storm water program, the
MSGP, the CGP, and the EPA NOI Processing Center, Respondent may
at
site
web
EPA's
review
"http://water.epa.gov/polwaste/npdes/stormwater/ ."
68.
Any documents to be submitted by Respondents as part of this Order shall

be sent by certified mail or its equivalent, and shall be signed by an
authorized representative of the respective entity (see 40 C.F.R. 122.22),
and shall include the following certification:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified
personnel properly gathered and evaluated the information
submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the
best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine
and imprisonment for knowing violations."
69.
All documents required to be submitted under this Order shall be sent to the
following addresses:

ld of 1A
Director, Water Quality Area

Environmental Quality Board
P. O. Box 11488
San Juan, Puerto Rico 00910,
and
Chief, Multimedia Permits and Compliance Branch
U.S. Environmental Protection Agency, Region 2
City View Plaza II, Suite 7000
48 RD. 165 Km. 1.2
Guaynabo, Puerto Rico 00968-8069.
70.
Respondents shall have the opportunity, for a period of twenty (20) days
from the effective date of this Order, to confer, regarding the requested
information and the ordered provisions, with the following designated
Agency representative: Jaime Lopez, Senior Enforcement Officer,
Multimedia Permits and Compliance Branch, Caribbean Environmental
Protection Division at (787) 977-5865 or (787) 977-5851 /
lopez.jaimeepa.qov.
71.
Respondents have the right to seek immediate federal judicial review of the
Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C.
701-706.
Section
706,
which
is
set
forth
at
http://uscode.house.gov/download/pls/05C7.txt, provides the grounds for
such review.
72.
This Order does not constitute a waiver from compliance with, or a

modification of, the effective terms and conditions of the CWA, its
implementing regulations, or any applicable permit, which remain in full
force and effect. This Order is an enforcement action taken by EPA to
ensure swift compliance with the CWA. Issuance of this Order shall not be
deemed an election by EPA to forego any civil or criminal actions for
penalties, fines, imprisonment, or other appropriate relief under the CWA.
73.
Notice is hereby given that failure to comply with the terms of the CWA
Section 309(a)(3) Compliance Order may result in your liability for civil
penalties for each violation of up to $37,500.00 per day under Section
309(d) of the CWA, 33 U.S.C. 1319(d), as modified by 40 C.F.R. Part 19.
Upon suit by EPA, the United States District County may impose such
penalties if the Court determines that you have violated the CWA as
described above and failed to comply with the terms of the Compliance
Order. The District Court has the authority to impose separate civil penalties

for any violations of the CWA and for any violations of the Compliance
Order.
Dated:
74.
Notice is hereby given that failure to comply with the requirements of the
CWA Section 308 Information Request may result in your liability for civil
penalties for each violation of up to $37,500 per day under Section 309(d)
of the CWA, as modified by 40 C.F.R. Part 19. Upon suit by EPA, the United
States District Court may impose such penalties if the Court determines that
you have failed to comply with the terms of the Information Request. You
may also be subject to administrative remedies for a failure to comply with
the Information Request as provided by Section 309 of the CWA.
75.
If any provision of this Order is held by a court of competent jurisdiction to

be invalid, any surviving provisions shall remain in full force and effect.
76.
This Order shall become effective upon the date of execution by the
Director, Caribbean Environmental Protection Division.
0-Ci z 0) 4-
Signed:
Jose C. Font
Director
Environmental Protection Agency, Region 2


REGION 2
In the Matter of:

PUERTO RICO HIGHWAY & TRANSPORTATION
AUTHORITY
P. 0. Box 42007
Del Valle Group Corporation
P.O. Box 2319
Toa Baja, P.R. 00951-2319
DRILL SHAFT RETAINING WALL
CONSTRUCTION PROJECT(AC-02533)
Road PR-25, Km. 1.1
Puerta de Tierra
San Juan, Puerto Rico
ADMINISTRATIVE
COMPLIANCE ORDER
DOCKET NUMBER
CWA-02-2016-3109
Proceeding pursuant to Sections 308(a) and 309(a)

of the Clean Water Act, 33 U.S.C. 1318(a) and
1319(a).
ACKNOWLEDGMENT OF RECEIPT OF
ADMINISTRATIVE COMPLIANCE ORDER
I do hereby acknowledge the receipt of a true copy of the Order CWA-02-2016-3109. Pursuant
to the signatory's requirements in 40 C.F.R. 122.22, I certify that I am authorized to sign this
acknowledgment.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

CARIBBEAN ENVIRONMENTAL PROTECTION DIVISION

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

Mrs. Carmen Villar Prados, P.E.

Dear Mrs. Villar Prados:

Wanda Garcia, EQB (w/o enclosure)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

In the Matter of:

Proceeding pursuant to Sections 308(a) and 309(a)

This Order is issued pursuant to the authority vested in the Administrator of

STATUTORY AND REGULATORY AUTHORITIES

Section 301(a) of the CWA, 33 U.S.C. 1311(a), provides in part that

Section 402(a)(1) of the CWA, 33 U.S.C. 1342(a)(1), provides that "the

Section 402(p) of the CWA, 33 U.S.C. 1342(p), requires a NPDES permit

Section 402 of the CWA authorizes the Administrator to promulgate

Pursuant to the CWA, on April 1, 1983, EPA promulgated regulations to

Pursuant to the NPDES regulations at 40 C.F.R. 122.26(a)(1)(ii) and

"discharge of a pollutant" as any addition of any pollutant to

"facility," as any NPDES point source or any other facility or activity

"navigable waters" as the waters of the United States, including the

Drill Shaft Retaining Wall Construction Project

"NPDES" as the National Pollutant Discharge Elimination System.

"owner" or "operator" as the owner or operator of any facility or

"person" as an individual, corporation, partnership, association,

"pollutant" as including, among others, solid waste, dredged spoil,

"point source" as any discernible, confined and discrete conveyance,

"storm water associated with construction activity" as the discharge

"Small Construction Activity" defined at 40 C.F.R. 122.26(b)(15)

Drill Shaft Retaining Wall Construction Project

The 2012 CGP contains the following definitions:

"commencement of earth-disturbing activities" as the initial

"commencement of pollutant-generating activities" at construction

clearing, grubbing, grading, and excavation has begun;

use of authorized non-storm water for washout activities, or

any other activity has begun that causes the generation of

"construction activities" as earth-disturbing activities, such as the

"discharge-related activity" as activities that cause, contribute to, or

"earth-disturbing activity" or "land-disturbing activity" as actions taken

"new project" as a construction project that commences construction

"operator" as any party associated with a construction project that

the party has operational control over construction plans and

Drill Shaft Retaining Wall Construction Project

the party has day-to-day operational control of those

"pollutant-generating activities" as those activities that lead to or

Part 2.1.2.3 of the 2012 CGP require operators associated with a

Drill Shaft Retaining Wall Construction Project

Section 308(a)(A) of the CWA provides that "[w]henever required to carry

The Puerto Rico Highway Transportation Authority (Respondent PRHTA) is

Respondent PRHTA is a person pursuant to Section 502(5) of the CWA, 33

Respondent PRHTA is the owner of the Drill Shaft Retaining Wall

Drill Shaft Retaining Wall Construction Project

Del Valle Group Corporation, (Respondent DVG) is a for-profit corporation

Respondent DVG is a person pursuant to Section 502(5) of the CWA, 33

The Project is a point source pursuant to Section 502(14) of the CWA, 33

The Project is a facility as defined in 40 C.F.R. 122.2.

installation of drill shafts for a retaining wall on a steep slope that

relocation of utilities including; and