Respondent is a corporation organized under the laws of the Commonwealth of Puerto Rico engaged in the wholesale of diesel fuel, lubricants, and fuel oil.
On August 21, 2013, EPA issued an Administrative Compliance Order (ACO), CWA-02-2013-3131, to the Respondent pursuant to Sections 308(a) and 309(a) of the CWA, 33 U.S.C. §§ 1318(a) and 1319(a). EPA found the Respondent in violation of the Act and the applicable NPDES regulations for its discharges of pollutants (storm water discharges associated with industrial activity) into waters of the United States without NPDES permit coverage, and for its failure to apply for a NPDES permit coverage.
The Order requires Respondent to 1) immediately cease and desist the discharging of pollutants through storm water runoff associated with industrial activities from the facility into Caño Campanero, a water of the US; 2) within 15 days of receipt of the Order to conduct a thorough evaluation of its facility to locate all unauthorized and unpermitted discharges; 3) within 30 days to eliminate all unauthorized and unpermitted discharges and submit a report of the thorough evaluation and submit a written certification that all unauthorized and unpermitted discharges have been eliminated; 4) submit a Plan of Action to achieve compliance with its Permit within 120 calendar days of receipt of the Order; and 5) within 75 calendar days of receipt of the Order, Respondent shall amend the SWPPP to comply with the 2008 MSGP and submit the