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In 2015, the Municipality of San Juan (MSJ), the Aqueduct and Sewer Authority (AAA), the Department of Natural and Environmental Resources (DRNA), and the Department of Transportation and Public Works (DTOP) signed respective consent agreements with the U.S. Federal Government, detailing in the same legally binding compliance plans, for the development and implementation of a stormwater management program that prevents the entry of contaminants into stormwater sewer systems.
These settlements resulted from litigation over violations of the EPA's Small Municipal Stormwater Discharge General Permit (MS4 Permit). Every stormwater diversion system that discharges into a body of water in the U.S. and its territories requires this permit to operate. The diverted water must meet minimum contaminant levels established by the federal Clean Water Act. (Clean Water Act).
Agreements by consent
The Estuary shares summaries detailing the general compliance measures, actions to be taken, and timelines for the following consent agreements:
For the complete documents:
Consent agreement between MSJ and the US Federal Government, HERE.
Consent agreement between DRNA (DNER) and the USA, HERE.
Consent agreement between DTOP (DTPW) and the USA, HERE.
The following is a presentation detailing the creation of a working group to carry out the actions established by the agreements: HERE.
Presentation detailing the action plans of the Agreement between MSJ and the USA, HERE.
EPA
- Who is responsible for the sewage problem that is flowing onto the beach behind the St. Marys building in Condado, and what is the cause?
- Responsibility is shared among the agencies that are party to the Consent Agreements: DRNA, DTOP/ACT, and MASJ. These discharges originate from the MASJ and DTOP stormwater systems and pass through the De Diego flood control pumping station, which belongs to DRNA. The station's discharge point is near the area mentioned in the question.
- Prior to this agreement, they had agreements in 2004, 2006, and 2010. We need more agreements to achieve supposed improvements and real solutions!
- Generally speaking, court agreements, like all mechanisms of this type, may include elements that, over time or due to changing circumstances, may require new agreements or conditions. Nothing is static or set in stone.
- Have the participants in the consent agreements met the deadlines stipulated in the latest agreement from 2016? The San Juan Bay Estuary shared a summary of actions with specific timelines on its website. Which office is responsible for monitoring compliance?
- I must emphasize that the agreements mentioned today are active court cases being handled by attorneys from the U.S. Department of Justice (DOJ). I am not authorized by the DOJ to disclose that information. However, if any citizen is interested in any piece of information from the Agency's public administrative record, they can access it through foiaonline.gov or contact me, and I will assist them in the process.
AAA
- Who establishes the high-priority areas? Who inspects the improvements?
- High-priority areas were established as part of negotiations with the EPA, the U.S. Department of Justice, and the AAA for the 2015 consent agreement. Several criteria were used, including but not limited to proximity to water bodies, environmental impact, population density, and history of flooding. Improvements—defined as repair and replacement projects for sanitary lines or other components of the sanitation system that require such inspections due to their complexity—are inspected by contracted companies or AAA's own crews in accordance with applicable laws and industry standards. Depending on the scope of the improvement, these inspections must be performed by a licensed engineer.
- Where does the grease clogging the pipes come from? Who inspects businesses to ensure they have grease traps? Is there a source? Who regulates and oversees this?
- Grease clogging pipes comes almost exclusively from residential, commercial, and industrial activities. AAA inspects businesses through its Pretreatment program to ensure compliance with EPA regulations.
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- Where online can I find the program's maintenance plan? We understand the plan started in 2016. What is the maintenance frequency/cycle for the sanitary pipes? Is it once a month? Once a year?
- The sanitary sewer line maintenance program is not available online, but it is a public document and was submitted to the federal Environmental Protection Agency. The pipes vary in age, with some being over 30, 50, and 70 years old. In terms of maintenance frequency, the pipes are inspected, and priorities are established for their inspection and recurring cleaning schedule. Some are cleaned every three months. Others, considered high-priority, are cleaned monthly.
- Where online can I find the program's maintenance plan? We understand the plan started in 2016. What is the maintenance frequency/cycle for the sanitary pipes? Is it once a month? Once a year?
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- Which of the following technologies and controls should guide and support (roadmap) our urban development in water supply and sewage systems?: 1. Growth of green infrastructure, 2. Increase in storage capacity in the collection system, 3. Expansion of treatment plants, 4. Secondary treatments, 5. Smart infrastructure – Use of sensors, actuators and controllers
- MASJ does not operate treatment plants.
- When projecting the future of sanitation infrastructure needs, multiple factors are taken into consideration, such as advances in treatment technology, population growth, regulatory requirements and future changes in discharge parameters or limits, as well as environmental impact, among others.
- Which of the following technologies and controls should guide and support (roadmap) our urban development in water supply and sewage systems?: 1. Growth of green infrastructure, 2. Increase in storage capacity in the collection system, 3. Expansion of treatment plants, 4. Secondary treatments, 5. Smart infrastructure – Use of sensors, actuators and controllers
- Could we start a residential cooking oil recycling program? We're already doing it at the Pine Grove condominium, and it's a success.
- The AAA has discussed this matter with the Estuary team, and they agree it would be a good idea for the future. The Authority encourages any initiative that results in the elimination or reduction of oil and grease discharges, as well as other objects or debris, entering its sanitary collection and treatment systems.
- If one of the sources of grease is the home, there isn't a strong push to educate the public on this issue in every possible forum. Should they be more aggressive about it? It's mostly businesses that are targeted, but not homes. Should new residential developments have grease traps? How do we stop this? What are we doing?
- One of the sources of grease pollution is residential use, with people pouring used cooking oil down the sinks. There's an educational campaign underway on social media, but more can always be done. We're collaborating with the Estuary Authority to address this issue. Businesses are easier to monitor, as there are about 10,000 of them in the metropolitan area, and they adhere to regulations verified through our inspection program. However, there are far more residences.
- Will the improvements to the healthcare system be implemented by 2027?
- The improvements to the healthcare system through commitments to the EPA and the inspection and maintenance program have no end date. Inspections, cleanings, and repairs will continue as needed to ensure proper service.
DRNA
- In Condado, we have a problem with the sewers. Every time it rains, our streets flood, sometimes with sewage. I have filed multiple complaints with the municipality of San Juan, the AAA (Puerto Rico Aqueduct and Sewer Authority), and the DRNA (Department of Natural and Environmental Resources). Our health and the health of our pets are at risk. What projects do the agencies have to address this situation?
- There are two water management systems: the sanitary sewer system, managed by the AAA (Puerto Rico Aqueduct and Sewer Authority), which directs wastewater to treatment plants for subsequent discharge into receiving water bodies; and the stormwater system, managed by the MASJ (Municipal Water and Sanitation Authority) and the DTOP (Department of Transportation and Public Works), which carries runoff directly to the nearest water body. The DRNA (Department of Natural and Environmental Resources) flood control pump stations handle the flow of water that, during major rainfall events, reaches these pump stations by gravity. The DRNA pump stations are not intended to treat the water before it is discharged into receiving water bodies. The water managed by the DRNA and DTOP is supposed to be clean rainwater only. If the stormwater system water is not clean, the cause is a problem with sanitary sewer discharges by the AAA, or illegal discharges or connections.
- In Condado, we have a problem with the sewers. Every time it rains, our streets flood, sometimes with sewage. I have filed multiple complaints with the municipality of San Juan, the AAA (Puerto Rico Aqueduct and Sewer Authority), and the DRNA (Department of Natural and Environmental Resources). Our health and the health of our pets are at risk. What projects do the agencies have to address this situation?
- How is the water filtered before it reaches the sea? Who maintains it?
- There are two water management systems: the sanitary sewer system, managed by the AAA (Puerto Rico Aqueduct and Sewer Authority), which directs wastewater to treatment plants for subsequent discharge into receiving water bodies; and the stormwater system, managed by the MASJ (Municipal Water and Sanitation Department) and the DTOP (Department of Transportation and Public Works), which carries runoff directly to the nearest water body. The DRNA (Department of Natural and Environmental Resources) flood control pump stations handle the flow of water that, during major rainfall events, reaches these pump stations by gravity. The DRNA pump stations are not intended to treat the water before it is discharged into receiving water bodies. The water managed by the DRNA and DTOP is supposed to be clean rainwater only. If the stormwater system water is not clean, the cause is a problem with sanitary sewer discharges by the AAA, illegal connections, or unauthorized discharges.
- Are the DRNA repairs included in their plan, or is AAA the one that determines the priorities? Who maintains that infrastructure? Are there funds for maintenance?
- No answer.
- Who is responsible for the damage inflicted on the Elkhorn corals (Acropora palmata) that died during the discharge event following Tropical Storm Isaias on July 27, 2020? These discharges resulted in the death of virtually 100% of the corals, which are protected under the federal Endangered Species Act, in addition to the deaths of thousands of fish, sea urchins, and other marine life. This constitutes a violation of Law 147 on Coral Reefs and the aforementioned federal law. So, what mechanism will be used to address this impact, which, optimistically, will require 10-15 years of continuous ecological restoration to fully recover? Specifically, what is the Department of Natural and Environmental Resources' (DRNA) plan to ensure that the responsible parties can compensate for this loss, how will the ecological restoration process be funded, and who will be responsible for this?
- The Department has requested FEMA funding under Section 404 and Mitigation to address this problem.
- Can the DRNA explain what it is doing about the issue of sewage discharges on the beach behind St. Marys? How can this be resolved?
- Working together with agencies within consent agreements to prevent illegal downloads.
MASJ
- Of the illegal discharges, how many are illegal connections of sewage to the storm sewer system? We rarely see inspections for that purpose.
- Approximately 30 to 40% of illegal discharges originate from illegal connections to the municipality's storm sewer system. This is often related to illegal construction due to a lack of awareness, not necessarily intentional. Inspections to identify illegal discharges are conducted according to a work plan and/or in response to complaints received. When an illegal discharge is traced and its origin is determined to be an illegal connection, the responsible party is identified, given guidance, and ordered to disconnect. In the case of illegal discharges originating from interconnections between the sanitary sewer system and the storm sewer system, the Water and Sewer Authority is notified, and the necessary work is coordinated.
- Why haven't rain gardens been integrated into improvements to stormwater systems?
- The consent agreement recommends integrating green infrastructure elements into the design and construction phases of the work plan agreed upon in the Consent Agreement. The Municipality has not yet reached these phases.
Estuary
- Where can I get a copy or read the results of the water quality monitoring in Laguna San José?
- On the Estuary page under the Atlas section, you will find monthly, weekly, and other water body monitoring data.
- It is obvious that a "taking" has occurred, resulting in the death of thousands of corals. The fact that, almost three months after the incident, there is still no strategy in place for how to replace this loss is very worrying and questionable.
- We need to invest in cutting-edge and resilient areas, ensuring that everything is measured and that we understand how bodies of water behave in order to know and avoid the impact on natural resources and our quality of life.
- How do I get the presentation?
- On the Estuary's Facebook page.
Actions to improve our water quality: compliance with the consent agreement
View the forum here:
Forum participants:
Evelyn Huertas She has over 20 years of experience in the Environmental Protection Agency (EPA)where she has held various positions, including compliance officer. She currently serves as the Project Officer and Regional Coordinator of the San Juan Bay Estuary Program under the Region II, Caribbean DivisionIn addition, she coordinates initiatives to improve the quality of watersheds in Puerto Rico, leads EPA initiatives for disadvantaged communities such as Caño Martín Peña, and collaborates with the EPA's Office of Research and Development on science projects for Puerto Rico. She holds a Bachelor of Science in Environmental Sciences from the University of Puerto Rico, Río Piedras Campus, and a Master of Science in Environmental Sciences with a concentration in Risk Management from the Metropolitan University of Puerto Rico. In her personal life, Evelyn practices sustainability and food security. She and her husband maintain a rooftop garden, which they irrigate with rainwater and fertilize with their own compost.
Engineer Doriel I. Pagán Crespo earned her bachelor's degree in Chemical Engineering from the Mayagüez Campus of the University of Puerto Rico in 1991. Prior to joining the Puerto Rico Aqueduct and Sewer Authority (AAA), Pagán Crespo worked for two years at Johnson & Johnson in San Germán. Among the positions she has held at the public corporation, she has served as regional deputy director, director of Environmental Compliance and Quality Control, and in other operational roles. In May 2011, she began serving as executive director of the AAA's Northern Region. In March 2017, she became vice president of Operations, a position she held until February 2020, when she accepted the appointment as executive president of the Authority. Among the recognitions for her performance, Pagán Crespo received the "Woman of the Vanguard" award from the College of Engineers and Surveyors of Puerto Rico, due to her achievements in the field of engineering, as well as for being the first woman to hold each of the operational management positions within the public corporation. Pagán Crespo also holds a professional coaching certification specializing in resilience.
El Rafael A. Machargo Maldonado, Esq. serves as current Secretary of the Department of Natural and Environmental Resourceswhere he also served as Undersecretary during Governor Pedro Rosselló's administration. From 2009 to 2014, he served as Examining Officer for the Board of Medical Licensure and Discipline and the Department of Health. In the private sector, the Secretary managed his own law firm, where he represented public and private sector clients in environmental cases. The Secretary holds a Bachelor of Science in Chemistry from Tulane University, a Juris Doctor from the University of Puerto Rico, and a Master of Laws in Environmental Law from George Washington University.
Alexander Ávila acts as Special Assistant at the Department of Operations and Beautification of the Autonomous Municipality of San JuanShe began her career in 2012. Since 2014, she has participated in the technical negotiations of the consent agreement with the EPA, which was approved by the Federal Court in October 2015. Currently, she coordinates fieldwork to comply with the agreement. She holds a Bachelor's degree in Geography from the University of Puerto Rico, Río Piedras Campus.