Puerto Rico Aqueduct & Sewer Authority, Water Pollution, PR 2007

San Juan, Puerto Rico – The Puerto Rico Aqueduct and Sewer Authority (PRASA), the entity responsible for the island’s water and wastewater treatment, was sentenced in April 2007 following a criminal investigation into widespread and systemic violations of the Clean Water Act (CWA). The case, a joint civil and criminal undertaking, revealed a pattern of negligence and intentional misconduct resulting in the illegal discharge of raw sewage and pollutants into Puerto Rico’s waterways.

Federal prosecutors detailed how PRASA failed to properly operate and maintain a staggering 61 treatment facilities across the island. The investigation focused on seven collection systems where raw sewage was routinely discharged, and specifically targeted nine sanitary wastewater treatment plants and five drinking water treatment plants where illegal pollutants were released. The scale of the environmental damage was significant, impacting public health and the delicate ecosystems of Puerto Rico.

The legal proceedings began on June 22, 2006, when PRASA was formally charged with fifteen felony counts. These charges included violations of 33 U.S.C. 1319(c)(2)(A) of the Clean Water Act – specifically, knowingly violating the Act’s provisions – and making false statements in official reports, a violation of 18 U.S.C. 1001. The false statements charge indicated an attempt to conceal the extent of the pollution and cover up the Authority’s failures.

Facing mounting evidence, PRASA entered a guilty plea on July 6, 2006, to all fifteen felony counts. The sentencing, handed down on April 19, 2007, included a $9 million criminal fine – the largest ever levied against a utility for CWA violations at the time. Beyond the financial penalty, PRASA was placed on 60 months of probation and ordered to pay a $6,000 special assessment fee. However, the financial repercussions didn’t stop there.

A critical component of the sentence mandated nearly $109 million in capital improvements to the nine wastewater treatment systems identified as major sources of pollution. Furthermore, PRASA was required to dedicate $10 million specifically to correcting the ongoing discharges into Martin Peza Creek, a waterway particularly impacted by the Authority’s negligence. The entire case underscored a systemic failure of infrastructure and oversight, and highlighted the consequences of prioritizing cost-cutting measures over environmental protection and public health.

Table of Contents

Key Facts

Defendant: Puerto Rico Aqueduct and Sewer Authority (PRASA)
Location: Puerto Rico
Year: 2007
Laws Violated: 33 U.S.C. 1319(c)(2)(A) (Clean Water Act – knowingly violating), 18 U.S.C. 1001 (False Statements)
Penalties: $9 million criminal fine, $6,000 special assessment, 60 months probation, $109 million in capital improvements to wastewater systems, $10 million for Martin Peza Creek remediation.
Scope: Failure to maintain 61 treatment facilities, illegal discharges from 9 wastewater plants and 5 drinking water plants.

Information regarding a related 2003 civil case against PRASA is available at http://www.epa.gov/compliance/resources/cases/civil/cwa/prasa.html. GrimyTimes will continue to follow developments related to PRASA’s compliance with the terms of its sentence and the ongoing efforts to restore Puerto Rico’s water resources.

Source: EPA ECHO Enforcement Case Database

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