EPA Orders Companies to Comply with Clean Water Act at Residential Development in Rincón, Puerto Rico

U.S. Environmental Protection Agency (EPA) has required two companies, Desarrolladora Yahir, Inc. and A & M Group, Inc., to comply with the Clean Water Act (CWA) after they polluted waterways with sediment from construction work at a residential development project in Puntas Ward, Rincón. The administrative order requires the companies to stop discharging pollutants into nearby surface waters and to comply with construction permitting requirements and stormwater regulations.  

“When developers and contractors don’t comply with common-sense requirements to control erosion and run-off from sites, they can pollute nearby waters,” said EPA Regional Administrator Michael Martucci. “If companies follow the rules, development projects – an important part of economic progress – can proceed while we continue to safeguard our environment.” 

In the administrative compliance order, EPA determined that Desarrolladora Yahir, Inc. and A & M Group, Inc., violated the terms of a general construction permit designed to minimize the impacts that construction sites have on nearby waterways. EPA’s order mandates that both companies implement erosion and sediment controls to address uncontrolled stormwater runoff from reaching Piletas Creek and the Caribbean. The companies must also jointly submit progress reports describing the status and progress of actions taken to comply with the provisions outlined in the order.  

Stormwater runoff presents a serious threat to Caribbean coastal waters, including the Rincón Tres Palmas Marine Reserve. EPA works with construction site owners and operators to make sure they understand their obligations and have the proper stormwater controls in place so construction can continue in a way that protects the surrounding environment. 

Under the CWA, construction activities that disturb one or more acres of land in proximity to water bodies must obtain stormwater construction permit coverage and follow the requirements outlined in the guidance to reduce pollution runoff. Failure to obtain a permit or to follow the requirements of a permit may result in violations of the CWA.  

More information about EPA’s National Pollutant Discharge Elimination System permit is available at: https://www.epa.gov/npdes/stormwater-discharges-construction-activities.