EPA Requires Puerto Rico Aqueduct And Sewer Authority To Upgrade Sewage Infrastructure Under Modified Agreement

Agreement Will Reduce Sewage and Wastewater Pollution and Protect Public Health Across the Island

Pursuant to a settlement modification with the U.S. Environmental Protection Agency and the U.S. Department of Justice, the Puerto Rico Aqueduct and Sewer Authority (PRASA) has agreed to make major improvements and upgrades to the island’s sanitary collection system and wastewater treatment plants. These upgrades will allow the water utility 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, on their own, are estimated to cost $534M. PRASA has also agreed to increase transparency with the public regarding the occurrence of Combined Sewer Overflows (CSOs).

This modification updates and expands upon several obligations contained in a 2016 Consent Decree. EPA and DOJ agreed to modify the 2016 agreement in consideration of damages caused by hurricanes Irma and Maria, as well as changed financial circumstances that made it difficult for PRASA to comply with certain requirements and deadlines. The improvements will supplement projects that are currently being implemented and part of PRASA's Capital Improvement Program.

"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 injunctive relief in the Consent Decree and this modification is estimated to amount to over $1.2B of infrastructure projects, including 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 subject to a 30-day public comment period and subsequent approval by the federal court. Read the settlement on the Department of Justice website.