UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION 2 Caribbean Environmental Protection Division City View Plaza II, #48 Carr 165 ste 7000 Guaynabo, Puerto Rico 00968-8073 062818 CERTIFIED MAIL - RETURN RECEIPT REQUESTED. Hon. Ivan Solis Mayor Municipality of Culebra P.O. Box 289 Culebra, Puerto Rico 00775-0189 Re: Failure to Comply with the Clean Water Act and Its Implementing Regulations Culebra Municipal Landfill Docket Number CWA-02-2012-3113 NPDES Number PRUO22012 Dear Mayor Solis: On March 30, 2012, the United States Environmental Protection Agency ("EPA") issued to the Municipality of Culebra (“Municipality”) an Administrative Compliance Order ("ACO"), Docket Number CWA-02-2012-3113, for its failure to comply with Sections 301(a) and 402(p) of the Clean Water Act (*CWA”), 33 U.S.C. §§ 1311(a) and 1318(a). These violations concem the National Pollutant Discharge Elimination System (“NPDES”) regulated storm water discharges from the Culebra Municipal Landfill (“Landfill”) into the Caribbean Sea. ‘The ACO requires the Municipality to submit to EPA, among other things, a Notice of Intent form ('NOI") for NPDES permit coverage under the 2008 Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (“2008 MSGP” or “Permit”);! a Plan of Action (“POA”) to achieve compliance with the Permit, preparation of a Storm Water Pollution Prevention Plan (“SWPPP”) for the Landfill, submittal of a cost report detailing the expenses in which the Municipality incurred to achieve compliance with the ACO, and submittal of quarterly progress reports. The Municipality acknowledged receipt of the ACO on April 13, 2012. However, the Municipality had not complied with any other requirement of the ACO, including the submittal of NOI forms under any of the two Permits available since the issuance of the ACO. As such, the Municipality continues in violation of Sections 301(a), 308(a) and 402(p) of the CWA, 33 US.C. §§ 131I(@), 1318(a) and 1342(p), respectively. EPA is giving the Municipality an opportunity to confer with EPA about the actions the Municipality will take at its Landfill to comply with the requirements of the NPDES storm water permit application regulations codified at 40 C.F.R. § 122.26, the Permit and the CWA. The meeting has been scheduled at " The Permit was re-issued on June 4, 2015,the EPA offices located at City View Plaza Il, #48 Carr 165 Ste 7000, Guaynabo, Puerto Rico, on Wednesday, July 18, 2018, at 11:00 am. If you or your authorized official (c.g. legal counsel) is unable to attend this meeting, the Municipality shall provide two alternate dates within five (5) business days of receipt of this letter. In such case, EPA will contact the Municipality to establish the new date for the meeting. Please be notified that EPA expects that the Municipality will discuss and provide a written plan to bring the Municipality into compliance and that the implementation of such plan shall provide for, at a minimum, the following 1, The contact information of the qualified personnel,? qualified consultant and/or qualified consulting firm responsible for the development and implementation of the plan. The plan shall include a copy of an executed service contract for in the event that the Municipality determine to use a qualified consultant and/or consulting firm; 2, A line-item description of each action to be taken, including an implementation schedule and submittal of compliance progress reports; 3. The estimated costs to implement the plan; and 4. The contact information of the qualified personnel, qualified consultant and/or qualified consulting firm that the Municipality will retain to comply with the requirements of the Permit, The plan shall include a copy of an executed service contract in the event that the Municipality determine to use a qualified consultant and/or qualified consulting firm. For more information about NPDES storm water program, please access the EPA web pages at: id hups://www.epa.gov/npdes/stormwater-discharges-industrial-act https:// www. epa.gow/sites/production/files/2015-10/documents/sector_|_landfills.pdf. Please be informed that EPA will be represented by Mr. Jaime Lopez, Senior Enforcement Officer, Clean Water Act Team, and Mr. José A. Rivera, Team Leader, Clean Water Act Team. In addition, EPA may bring a legal counsel. Mr. Lopez can be reached at (787) 977-5851, or via e-mail at lopez.jaime@epa.gov. Mr. Rivera can be can be reached at (787) 977-5842, or via e-mail at rivera,jose @epa.gov. Please be advised that if the Municipality fails to confer with EPA and address this matter in an appropriate and timely manner, EPA may commence additional enforcement actions against the Municipality under Section 309 of the CWA, 33 U.S.C. § 1319, under which injunctive relief and civil penalties may be sought. These civil penalties may scale up to $ 53,484 per day, and will consider, among others history of violations, extent and gravity of the violations, and degree of culpability when determining which course of enforcement action to follow under Section 309 of the CWA. 2 Qualified personnel are those who are knowledgeable inthe principles and practices of industrial storm water controls and pollution prevention, and who possess the education and ability to assess conditions atthe industrial facility, such as the Landfill that could impact storm water quality, andthe education and ability to asess the effectiveness of storm water controls selected and installed to meet the requirements of the PermGiving the seriousness of your Municipality’s violations of the CWA, we urge your prompt i and attention to this matter, Sincerely, ents Multimedia Permits and Compliance Branch ce: Angel Meléndez, EQB (via email)