drll shaft retaining wall construction project aco signed 3-31-15 (1)

8/19/2019 Drll Shaft Retaining Wall Construction Project ACO Signed 3-31-15 (1)

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

CARIBBEAN ENVIRONMENTAL PROTECTION DIVISION

CITY VIEW PLAZA II, SUITE 7000

GUAYNABO, PUERTO RICO 00968-8069

033 \1 5

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

Mr. Humberto Reynolds, P.E.

President

Del Valle Group Corporation

P.O. Box 2319

Toa Baja, P.R. 00951-2319

Re: Drill Shaft Retaining Wall Construction Project

Administrative Compliance Order

Docket Number CWA-02-2015-31 07

Dear Mr. Reynolds:

The United States Environmental Protection Agency (EPA), Region 2, has made

findings that the Puerto Rico Highway Transportation Authority (PRHTA) and Del

Valle Group Corporation (DVG) are in violation of Sections 301 (a) and 402(p) of the

Clean Water Act ( CWA ), 33 U.S.C.

§

1251 et seq. Enclosed please find two originals

of the Administrative Compliance Order, Docket Number CWA-02-2015-31 07, issued

pursuant to Section 309(a) of the CWA, 33 U.S.C.

§

1319(a), which detail these

findings. Please acknowledge receipt in one of the originals and return it to EPA.

Failure to comply with the enclosed Order may subject DVG to civil and/or criminal

penalties pursuant to Section 309 of the CWA. Failure to comply with this Order may also

subject DVG to ineligibility for participation in work associated with Federal contracts,

grants, or loans.

If you have any questions regarding this matter, please contact Mr. Jaime Lopez,

Multimedia Permits and Compliance Branch, at (787) 977-5851 or [email protected].

Sincerely,

Jose C. Font

Director

Caribbean Environmental Protection Division

Enclosures

cc: Wanda Garcia, EQB (w/o enclosure)

mailto:[email protected]:[email protected].


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CARIBBEAN ENVIRONMENTAL PROTECTION DIVISION

CITY VIEW PLAZA II, SUITE 7000

GUAYNABO, PUERTO RICO 00968-8069

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

Mrs. Carmen Villar Prados, P.E.

Executive Director

Puerto Rico Highway

Transportation Authority

P. O. Box 42007

San Juan, Puerto Rico 00940-2007

Re: Drill Shaft Retaining Wall Construction Project


Docket Number CWA-02-2015-31 07

Dear Mrs. Villar Prados:

The United States Environmental Protection Agency (EPA), Region 2, has made

findings that the Puerto Rico Highway & Transportation Authority (PRHTA) and Del

Valle Group Corporation (DVG) are in violation of Sections 301 (a) and 402(p) of the

Clean Water Act ( CWA ), 33 U.S.C. § 1251 et seq. Enclosed please find two originals

of the Administrative Compliance Order, Docket Number CWA-02-2015-31 07, issued

pursuant to Section 309(a) of the CWA, 33 U.S.C. § 1319(a), which detail these

findings. Please acknowledge receipt in one of the originals and return it to EPA.

Failure to comply with the enclosed Order may subject PRHTA to civil and/or criminal

penalties pursuant to Section 309 of the CWA. Failure to comply with this Order may also

subject PRHTA to ineligibility for participation in work associated with Federal contracts,

grants, or loans.

If you have any questions regarding this matter, please contact Mr. Jaime Lopez,

Multimedia Permits and Compliance Branch, at (787) 977-5851 or [email protected].

Sincerely,

~ F O P

Director


Enclosures

cc: Wanda Garcia, EQB (w/o enclosure)

mailto:[email protected]:[email protected]:[email protected]:[email protected].


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REGION 2

In the Matter of:

PUERTO RICO HIGHWAY TRANSPORTATION

AUTHORITY

P. O. Box 42007


Del Val le Group Corporat ion

P.O. Box 2319

Toa Baja, P.R. 00951-2319

DRILL SHAFT RETAINING WALL

CONSTRUCTION PROJECT AC-02533)

Road PR-25, Km. 1.1

Puerta de Tierra

San Juan, Puerto Rico

Proceeding pursuant to Sections 308(a) and 309(a)

of the Clean Water Act, 33 U.S.C. §§ 1318(a) and

1319(a).

I. PRELIMINARY STATEMENT

ADMINISTRATIVE

COMPLIANCE ORDER

DOCKET NUMBER

CWA-02-2015-3107

1. This Order is issued pursuant to the authority vested in the Administrator of

the United States Environmental Protection Agency (EPA) pursuant to

Sections 308(a) and 309(a) of the Clean Water Act ( CWA or the Act ),

33 U.S.C. §§ 1318(a) and 1319(a).

2. The Administrator has delegated the authority to take these actions to the

Regional Administrator of Region 2, who in turn, has delegated such

authority to the Director of the Caribbean Environmental Protection Division.

II. STATUTORY AND REGULATORY AUTHORITIES

3. Section 301(a) of the CWA, 33 U.S.C. § 1311 (a), provides in part that

[e]xcept as in compliance with [CWA

§

402], the discharge of any pollutant

by any person shall be unlawful.


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4. Section 402 of the CWA, 33 U.S.C. § 1342, defines the National Pollutant

Discharge Elimination System (NPDES) as the national program for, among

other things, issuing and enforcing discharge permits.

5. Section 402(a)(1) of the CWA, 33 U.S.C. § 1342(a)(1), provides that the

Administrator may, after opportunity for public hearing, issue a permit for

the discharge of any pollutant. ... upon condition that such discharge will

meet. ... such requirements as the Administrator determines are necessary

to carry out the provisions of the [CWA].

6. Section 402(p) of the CWA, 33 U.S.C. § 1342(p), requires a NPDES permit

with respect to a storm water discharge associated with industrial activity.

7. Section 402 of the CWA authorizes the Administrator to promulgate

regulations for the implementation of the NPDES requirements.

8. Pursuant to the CWA, on April 1, 1983, EPA promulgated regulations to

implement the NPDES program, under EPA Administered Permit

Programs: the NPDES, at 40 C.F.R. § 122, as amended.

9. Pursuant to the NPDES regulations at 40 C.F.R. § 122.5(b), the NPDES

program requires permits for the discharge of any pollutant from any point

source into waters of the United States.

10. Pursuant to the NPDES regulations at 40 C.F.R. §§ 122.26(a)(1)(ii) and

122.26(b)(14)(x), operators are required to obtain a NPDES permit for storm

water discharges associated with construction activity.

11. The CWA and its implementing NPDES regulations contain the following

definitions and requirements:

a. discharge of a pollutant as any addition of any pollutant to

navigable waters and/or waters of the United States from any point

source. Section 502(12) of the CWA, 33 U.S.C. § 1362(12), and 40

C.F.R. § 122.2;

b. facility, as any NPDES point source or any other facility or activity

(including land or appurtenances thereto) that is subject to the

regulations of the NPDES program. 40 C.F.R. § 122.2;

c. navigable waters as the waters of the United States, including the

territorial seas. Section 502(7) of the CWA, 33 U.S.C. § 1362(7);

Waters of the United States means all waters such as lakes, rivers,

streams (including intermittent streams), mudflats, sandflats,

wetlands, among others, and their tributaries. 40 C.F.R. § 122.2;

Drill Shaft Retaining Wall Construction Project


Docket Number CWA-02-2015-3107

Page 2 of 14


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13. The 2012 CGP contains the following definitions:

a. commencement of earth-disturbing activities as the initial

disturbance of soils (or breaking ground ) associated with clearing,

grading, or excavating activities or other construction-related

activities (e.g., stockpiling of fill material);

b. commencement of pollutant-generating activities at construction

sites occurs in any of the following circumstances:

i. clearing, grubbing, grading, and excavation has begun;

ii. raw materials related to your construction activity, such as

building materials or products, landscape materials,

fertilizers, pesticides, herbicides, detergents, fuels, oils, or

other chemicals have been placed at your site;

iii. use of authorized non-storm water for washout activities, or

dewatering activities, have begun; or

iv. any other activity has begun that causes the generation of

or the potential generation of pollutants.

c. construction activities as earth-disturbing activities, such as the

clearing, grading, and excavation of land;

d. discharge-related activity as activities that cause, contribute to, or

result in storm water and allowable non-storm water point source

discharges, and measures such as the sitting, construction, and

operation of storm water controls to control, reduce, or prevent

pollutants from being discharged;

e. earth-disturbing activity or land-disturbing activity as actions taken

to alter the existing vegetation and/or underlying soil of a site, such

as clearing, grading, site preparation (e.g., excavating, cutting, and

filling), soil compaction, and movement and stockpiling of top soils;

f. new project as a construction project that commences construction

activities on or after February 16, 2012;

g. operator as any party associated with a construction project that

meets either of the following two criteria:

i. the party has operational control over construction plans and

specifications including the ability to make modifications to

those plans and specifications; or




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ii. the party has day-to-day operational control of those

activities at a project that are necessary to ensure

compliance with the permit conditions.

h. pollutant-generating activities as those activities that lead to or

could lead to the generation of pollutants, either as a result of earth

disturbance or a related support activity.

14. The 2012 CGP establishes among others, Notice of Intent ( NOI or eNOl )

requirements, development of Storm Water Pollution Prevention Plans

(SWPPP), performance inspections, completion of inspection reports and

other conditions.

15. Part 1.4 of the 2012 CGP indicates that the operator seeking coverage

under the 2012 CGP must submit to EPA a complete and accurate NOI prior

to commencing construction activities.

16. Part 1.4.2 and Table 1 of the 2012 CGP requires operators of new projects

to file a NOI to obtain coverage under the 2012 CGP at least fourteen days

(14) days prior to commencing earth disturbing activities.

17. Parts 1.4 and 7.1.1 of the 2012 CGP require operators associated with a

construction project to be covered under the 2012 CGP to develop a

SWPPP prior to submitting an NOI for coverage under the 2012 CGP.

18. Part 1.11.1 of the 2012 CGP indicates that the NOI must be signed by a

responsible corporate officer in the case of a corporation, and by either a

principal executive officer or ranking elected official of a municipality.

19. Part 2.1.2 of the 2012 CGP require operators associated with a construction

project to design, install, and maintain erosion and sediment controls that

minimize the discharge of pollutants from earth-disturbing activities.

20. Part 2.1.2.3 of the 2012 CGP require operators associated with a

construction project to minimize the track-out of sediment onto off-site

streets, other paved areas, and sidewalks from vehicles exiting a

construction site.

21. Part 2.2 of the 2012 CGP require operators associated with a construction

project to stabilize exposed portions of a site in accordance with all

requirements of this Part.




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22. The 2012 CGP indicates that an operator is considered covered under the

2012 CGP fourteen (14) calendar days after EPA has acknowledged receipt

of the operator's NOI on the EPA's website

(www.epa.gov/npdes/stormwater/cgpnoisearch), unless EPA notifies the

operator that the authorization has been delayed or denied.

23. Section 308(a)(A) of the CWA provides that U[w]henever required to carry

out the objective of ... [CWA Section 402] the Administrator shall require

the owner or operator of any point source to (i) establish and maintain such

records, (ii) make such reports, (iii) install, use, and maintain such

monitoring equipment or methods (including where appropriate, biological

monitoring methods), (iv) sample such effluents (in accordance with such

methods, at such locations, at such intervals, and in such manner as the

Administrator shall prescribe), and (v) provide such other information as [the

Administrator] may reasonably require.

24. Section 309(a)(3) of the CWA provides that [wjhenever on the basis of any

information available . . . the Administrator finds that any person is in

violation of [CWA Sections 301 and 308], or is in violation of any permit

condition or limitation implementing any of such sections in a permit issued

under [Section 402 of the Act, the Administrator] shall issue an order

requiring such person to comply with such section ....

25. Section 309(a)(5)(A) of the CWA provides that U[a]ny order issued under

[CWA Section 309] shall state with reasonable specificity the nature of the

violation, and shall specify a time for compliance ... taking into account the

seriousness of the violation and any good faith efforts to comply with

applicable requirements.

26. EPA is the agency within the Commonwealth of Puerto Rico with authority

to administer the federal NPDES program. EPA maintains enforcement

authority for violations of the CWA and its implementing regulations.

III. JURISDICTIONAL STATEMENTS

27. The Puerto Rico Highway Transportation Authority (Respondent PRHTA) is

a public corporation created under the laws of the Commonwealth of Puerto

Rico.

28. Respondent PRHTA is a person pursuant to Section 502(5) of the CWA, 33

U.S.C.

§

1362(5).

29. Respondent PRHTA is the owner of the Drill Shaft Retaining Wall

Construction Project located in San Juan, Puerto Rico (the Project ).




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30. Del Valle Group Corporation, (Respondent DVG) is a for-profit corporation

organized under the laws of the Commonwealth of Puerto Rico.

31. Respondent DVG is a person pursuant to Section 502(5) of the CWA, 33

U.S.C. § 1362(5).

32. The Project is a point source pursuant to Section 502(14) of the CWA, 33

U.S.C. § 1362(14).

33. The Project is a facility as defined in 40 C.F.R. § 122.2.

34. Among others things, the construction activities associated with the Project

consist of:

a. installation of drill shafts for a retaining wall on a steep slope that

collapsed during a landslide along Road PR-25 and associated

coastal erosion controls (i.e. installation of a breakwater) permitted

by the U.S. Army Corps of Engineers (SAJ-2014-00784 (NWP-

CPR)) that requires earth movement, including clearing and

grubbing, cut and fill, and excavation. The estimated area of land

disturbance involved in the Project is 3,170 mts2 or .79 acres;

b. relocation of utilities including; and

c. installation of storm water collection and discharge systems.

35. The Project became part of a larger common plan of development as it is

needed to complete the Paseo Lineal Puerta de Tierra- Phase 3-4

Construction Project which consist of the construction of a pedestrian and

bicycle path, and parking areas along the Road PR-25 (Paseo Lineal

Project). This project will disturb approximately 8.3 acres and started around

December 15, 2015. The project owner is the Finance and Infrastructure

Authority (AFI) and the general contractor is Omega Engineering Corp.

(OEC).

36. At all relevant times to this Order, Respondent PRHTA was the owner

and/or operator of the Project.

37. Respondent PRHTA has control over construction plans, site drawings and

specifications, storm water conveyances, and control designs, including the

ability to make modifications to such at the Project.

38. Respondent DVG has control of activities at the Project that are necessary

to ensure compliance with the 2012 CGP.



Docket Number CWA-02-201S-3107

Page 7 of 14


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39. At all relevant times to this Order, Respondent DVG was an operator of the

Project.

40. Respondents discharged and continue to discharge storm water containing

pollutants from the Project into the Atlantic Ocean.

41. The Atlantic Ocean is a navigable water of the United States pursuant to

Section 502(7) of the CWA, 33 U.S.C.

§

1362(7), and 40 C.F.R.

§

122.2.

42. Respondents are subject to the provisions of the CWA, 33 U.S.C.

§

1251,

et seq., and the applicable NPDES permit application regulations found at

40 C.F.R.

§

122. Respondents were required to apply for and obtain NPDES

permit coverage for the Project's discharges of pollutants into waters of the

United States pursuant to Sections 301(a) and 402(a)(1) of the CWA, 33

U.S.C. §§ 1311 (a) and 1342(a)(1).

IV. FINDINGS OF FACT

43. On March 4, 2015, an EPA official conducted a Reconnaissance Inspection

(Inspection) of the Project. Among others, the purpose of the Inspection was

to evaluate Respondents compliance with the CWA and applicable NPDES

regulations.

44. The EPA official learned and/or observed during the Inspection the

following:

a. the PRHTA contracted Respondent DVG for the construction of the

Project;

b. on or about November 19, 2014, Respondents commenced earth-

disturbing activities, land-disturbing activities and pollutant-

generating activities at the Project;

c. discharges of storm water associated with construction activities into

the Atlantic Ocean were ongoing;

d. construction activities and earth movement activities were ongoing;

e. certain erosion and sediment controls had not been selected,

installed, and maintained (i.e. slopes were observed without erosion

or sediment controls) at the Project as required by Part 2.1 of the

2012 CGP;

f. stabilization practices were not observed at the Project (most of the

Project was observed without temporary or final stabilization) as

required by Part 2.2 of the 2012 CGP;




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Compliance Branch, Caribbean Environmental Protection Division, EPA,

Region 2, to the address specified Ordered Provision 61, below.

50. That immediately upon receipt of this Order, Respondents shall cease

and desist from discharging pollutants (storm water runoff associated with

construction activities) from the Project into the Atlantic Ocean.

51. That immediately upon receipt of this Order, Respondents shall cease

and desist all clearing, grading and excavation activities at the Project.

Nonetheless, Respondents may conduct the activities authorized under the

US army Corps of Engineering Permit (SAJ-2014-00784 (NWP-CPR)), and

upon written approval by EPA, clearing, grading and excavation activities in

those areas at the Project in which the following activities are required to be

conducted pursuant to the terms and conditions of the 2012 CGP:

a. provide temporary stabilization to areas where clearing, grading and

excavation activities had temporarily ceased;

b. provide final stabilization to areas where clearing, grading and

excavation activities will no longer be performed;

c. implement erosion and sediment controls, and Best Management

Practices (BMPs) at the site;

d. provide maintenance for the existing and future BMPs; and

e. install and maintain sediment and erosion controls required by the

Puerto Rico Environmental Quality Board, provided Respondents

submit to EPA a written notification no later than five (5) calendar

days before the commencement of such activity. Such notification

shall include a description and itinerary of implementation of the

activities to be undertaken.

52. That immediately upon receipt of this Order, each Respondent shall

prepare a certification stating that it has complied with the ordered

provisions referred to in paragraphs 49-51, above.

53. That within thirty

(30)

calendar days upon receipt of this Order,

Respondents shall jointly prepare, for submittal to EPA, a Compliance Plan

to bring the Project into compliance with the requirements of the 2012 CGP

and the CWA. The Compliance Plan shall include, but not be limited, to:

a. Respondents' contact(s) information for those responsible for the

development and implementation of the Compliance Plan;

b. an implementation date (initiation and completion) for each of the




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actions to be taken, which shall not exceed one hundred eighty (180)

calendar days of receipt of this Order, unless otherwise specified

herein;

c. development/selection, implementation and maintenance of soil

stabilization BMPs;

d. development of site-specific inspection report forms;

e. performance of inspections by qualified personnel;

f. preparation of inspection reports by qualified personnel;

g. designation of authorized representatives;

h. cost estimates to implement the Compliance Plan and each erosion

and sediment control, stabilization practice and pollution prevention

activity;

i. development and submittal of a SWPPP, including legible site maps,

to comply with the terms and requirements of 2012 CGP. The

development of erosion and sediment controls, stabilization

practices and pollution prevention activities shall be based on the

actual conditions of the Project. Special emphasis shall be placed in

managing storm water run-on, soil stabilization and diversion of

storm water runoff from exposed soils; and

j. Respondents' filing of a complete and accurate eNOl seeking

coverage under the 2012 CGP.

54. Until Termination of this Order, Respondents shall jointly prepare and

submit Monthly Progress Reports (MPR) that describe the current status

and progress of Respondents' actions taken to comply with the provisions

of this Order. Respondents shall:

a. submit each MPR to EPA no later than the fifteenth (15

th

)

day of the

month following the month that is the subject of the MPR; and

b. indicate in the MPR, at a minimum, the following: the actions taken,

including a cost report detailing the expenses incurred, as of the date

of the Status Report concerning the milestones and activities

performed towards meeting the provisions of this Order.




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VI. REQUESTED INFORMATION

Based on the Findings of Fact, and pursuant to the authority of Section 308(a) of

the CWA, 33 U.S.C.

§

1318(a), Respondents are required to report the following

to EPA in writing:

55. That immediatelv upon receipt of this Order, each Respondent shall

submit the certification referred to in paragraph 52, above.

56. That within forty-five

(45)

calendar days upon receipt of this Order,

Respondents shall jointly submit the Compliance Plan referred to in

Paragraph 53, above.

57. That immediately upon receipt ofthis Order, Respondents shall begin to

jointly submit the MPRs referred to in paragraph 54, above, in accordance

with the schedules established therein.

VII. GENERAL PROVISIONS

58. Any questions concerning this Order should be directed to Jaime Lopez,

Senior Enforcement Officer, Multimedia Permits and Compliance Branch,

Caribbean Environmental Protection Division, at (787) 977-5851

I

[email protected]. For information about the storm water program, the

MSGP, the CGP, and the EPA NOI Processing Center, Respondent may

review EPA's web site at

''http://water.epa.gov/polwaste/npdes/stormwater/.''

59. Any documents to be submitted by Respondents as part of this Order shall

be sent by certified mail or its equivalent, and shall be signed by an

authorized representative of the respective entity (see 40 C.F.R. § 122.22),

and shall include the following certification:

I certify under penalty of law that this document and all

attachments were prepared under my direction or supervision

in accordance with a system designed to assure that qualified

personnel properly gathered and evaluated the information

submitted. Based on my inquiry of the person or persons who

manage the system, or those persons directly responsible for

gathering the information, the information submitted is, to the

best of my knowledge and belief, true, accurate, and

complete. I am aware that there are significant penalties for

submitting false information, including the possibility of fine

and imprisonment for knowing violations.

60. All documents required to be submitted under this Order shall be sent to the

following addresses:




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mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://%27%27http//water.epa.gov/polwaste/npdes/stormwater/.''http://%27%27http//water.epa.gov/polwaste/npdes/stormwater/.''http://%27%27http//water.epa.gov/polwaste/npdes/stormwater/.''http://%27%27http//water.epa.gov/polwaste/npdes/stormwater/.''mailto:[email protected].


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Director, Water Quality Area

Environmental Quality Board

P. O. Box 11488

San Juan, Puerto Rico 00910,

and

Chief, Multimedia Permits and Compliance Branch


U.S. Environmental Protection Agency, Region 2

City View Plaza II, Suite 7000

48 RD. 165 Km. 1.2

Guaynabo, Puerto Rico 00968-8069.

61. Respondents shall have the opportunity, for a period of twenty (20) days

from the effective date of this Order, to confer, regarding the requested

information and the ordered provisions, with the following designated

Agency representative: Jaime Lopez, Senior Enforcement Officer,

Multimedia Permits and Compliance Branch, Caribbean Environmental

Protection Division at (787) 977-5865 or (787) 977-5851 I

lopez. [email protected].

62. Respondents have the right to seek immediate federal judicial review of the

Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C.

§§

701-706. Section 706, which is set forth at

http://uscode.house.gov/download/pls/05C7.txt, provides the grounds for

such review.

63. This Order does not constitute a waiver from compliance with, or a

modification of, the effective terms and conditions of the CWA, its

implementing regulations, or any applicable permit, which remain in full

force and effect. This Order is an enforcement action taken by EPA to

ensure swift compliance with the CWA. Issuance of this Order shall not be

deemed an election by EPA to forego any civil or criminal actions for

penalties, fines, imprisonment, or other appropriate relief under the CWA.

64. Notice is hereby given that failure to comply with the terms of the CWA

Section 309(a)(3) Compliance Order may result in your liability for civil

penalties for each violation of up to $37,500.00 per day under Section

309(d) of the CWA, 33 U.S.C.

§

1319(d), as modified by 40 C.F.R. Part 19.

Upon suit by EPA, the United States District County may impose such

penalties if the Court determines that you have violated the CWA as

described above and failed to comply with the terms of the Compliance

Order. The District Court has the authority to impose separate civil penalties




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mailto:[email protected]:[email protected]:[email protected]://uscode.house.gov/download/pls/05C7.txt,http://uscode.house.gov/download/pls/05C7.txt,http://uscode.house.gov/download/pls/05C7.txt,http://uscode.house.gov/download/pls/05C7.txt,mailto:[email protected].


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for any violations of the CWA and for any violations of the Compliance

Order.

65. Notice is hereby given that failure to comply with the requirements of the

CWA Section 308 Information Request may result in your liability for civil

penalties for each violation of up to $37,500 per day under Section 309(d)

of the CWA, as modified by 40 C.F.R. Part 19. Upon suit by EPA, the United

States District Court may impose such penalties if the Court determines that

you have failed to comply with the terms of the Information Request. You

may also be subject to administrative remedies for a failure to comply with

the Information Request as provided by Section 309 of the CWA.

66. If any provision of this Order is held by a court of competent jurisdiction to

be invalid, any surviving provisions shall remain in full force and effect.

67. This Order shall become effective upon the date of execution by the

Director, Caribbean Environmental Protection Division.

Dated: r ~ ;)/ 2.0~

~.Q~

Signed: ~

IJC>SeCFont

Director


Environmental Protection Agency, Region 2




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ATTACHMENT I

Phtoto - Documentation

March 04, 2015 CEI


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21/32

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Approval expires 8-31-98

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Fax

Numberts )

See attached Supplement

I I I I

I

armen V illa r P rados, Exe cu tive D ire cto r, PRHT A

Humberto Reyno lds, Pres ident, De l Va lle G roup

Contacted

Yes x No

Section B: Facility Data

X

Permit

Flow Measurement

Operations Maintenance

eso/sso (Sewer Overflow)

x

Records/Reports

Self·Monitonng Program

Sludge Handling/Disposal

Pollution Prevention

X

Facility Si te Review

Compliance Schedules

Pretreatment

Multimedia

X

EffiuenURecelvlng Water Laboratory

X

Storm Water

X

Other SWPPP and NOI

Section C: Areas Evaluated During Inspection

Check only

those

areas evaluated)

See attached Supplemen t

J

ame s) l\);1 dlqnaturets) QL./ lspectoi S )

Agencv/Off ice /Phone

nd Fax

Numbers

Date

~f~c J:)

USEPN02/CEPD/MPCB

3 ; ; 1

-Setllo r Enforce me~ O ff icer/Phys ica l SC ientist

Te l. 787) 977-5851

lopez.jalme@ epa.gov

ig natureot Managemen tQ A Reviewer

Agency/O ff ice /Phonend Fax Numbers

Date

ancy Rodr iguez, P .E ., Cl:lie t,CE?~D /MP9~

-X/

USEPN02 /CEPD; 7 87) 977-5887

5

t j/I ~

I , ) •

I

~

Section 0: Summary of Findings/Comments

Attach additional sheets

of

narrative and checklists

as

necessary)

A Form

3560·3

(Rev 9·94) Previous ( dltions are obsolete ~

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


22/32


23/32

End

o r

report

Prepared by:

Date

P9nior Enforcement Offi cer/Ph ys ic al Scientist

t .. . r J . S .

Environmental Protection Agency, Region

2

Tel.: (787) 977-5851

e-m ail: 1 (1,)I.:L lu illlc 1 1 ~Qa.: . \\


24/32

Picture # 1

Earth Gully created by

erosion

Picture 3

Silt fence installed at the

edge of the slope and

access road

Picture # 2

Storm water

management berm

constructed at the edge

of the road


25/32

Picture # 4

Same as Picture

3

wider view showing the

receiving body of water

Picture # 6

Steep main slope approx

45 ft. in lenght without

temporary or final

stabilization showing rill

and gully erosion

Picture

5

Slope without temporay

or final stabilization


26/32

· Picture

7

Slope located blow

access road showing rill

and gully erosion with silt

fence installed at the

bottom

Picture # 9

Eroded slope at the

edge of Road PR 25

with exposed pipelines

as a consequence of a

landslide

Picture # 8

Silt fence installed along

the bottom edge of the

slope and view of the

shoreline breakwater


27/32

Picture 10

Silt fence and fiber roll

double sediment control

installed at the 50 feet

buffer zone

Picture # 12

Area where back fill will

be performd according to

COE permit

Picture # 11

Silt and sediments

retained at silfence


28/32

Picture 13

View of impacted area,

two slopes with access

road in between with silt

fences along the bottom

of the slopes but no

slope stabilization.

Picture 15

Recent landslide

withoput stabilization

controls at the slope

Picture # 14

Wider view of the silt

fence installed along the

bottom edge of the slope

and view of the shoreline

breakwater


29/32

Picture # 16

Edge of road collapsing

down the slope.

earth dike installed at

edge of road as a storm

water runoff

management measure

Picture # 17

Asphalt dike installed

along edge of road as a

storm water runoff

management measure

Picture

17

View of the collapsed

slope down to the

receiving body of water


30/32


31/32


REGION 2

In the Matter of:

PUERTO RICO HIGHWAY TRANSPORTATION

AUTHORITY

P. O. Box 42007


Del Val le Group Corporat ion

P.O. Box 2319

Toa Baja, P.R. 00951-2319

ADMINISTRATIVE

COMPLIANCE ORDER

DOCKET NUMBER

CWA-02-2015-3107

DRILL SHAFT RETAINING WALL

CONSTRUCTION PROJECT AC-02533)

Road PR-25, Km. 1.1

Puerta de Tierra

San Juan, Puerto Rico

Proceeding pursuant to Sections 308(a) and 309(a)

of the Clean Water Act, 33 U.S.C. §§ 1318(a) and

1319(a).

ACKNOWLEDGMENT OF RECEIPT OF

ADMINISTRATIVE COMPLIANCE ORDER

I do hereby acknowledge the receipt of a true copy of the Order CWA-02-2015-31 07. Pursuant

to the signatory's requirements in 40 C.F.R. § 122.22, I certify that I am authorized to sign this

acknowledgment.

Date

Print Name and Title


32/32

drll shaft retaining wall construction project aco signed 3-31-15 (1)

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