August 19, 2002

ENVIRONMENTAL UPDATE

Re: PRASA Issues Proposed Amendments to the Pretreatment Regulation

On August 17, 2002, the Puerto Rico Aqueduct and Sewer Authority (APRASA@) published a notice in the newspaper informing the public that it has prepared new amendments to the PRASA Rules and Regulations for the Supply of Water and Sewer Services (APretreatment Regulations@), and that it will conduct a public hearing on the proposed amendments on September 18, 2002 (at 8:30 am at PRASA Main Offices).

These long awaited amendments substantially modify the existing provisions of the Pretreatment Regulation, which was amended more than fifteen years ago (May, 1986). Among the proposed changes and modifications are the following:

1. New pollution prevention and water conservation measures;
2. Trap and interceptor installation requirements;
3. Preparation of operation and maintenance program plans describing pretreatment facility operation procedures;
4. Compliance with license requirements for operators of Potable Water and Wastewater Treatment Systems;
5. New flexible pH requirements based on federal standards;
6. Expanded list of discharge prohibitions based on federal standards;
7. Detailed requirements for Local Limits and Site Specific (facility) Local Limits;
8. New generally-applicable local limits (for facilities that PRASA has yet to developed specific local limits or local limits are not applicable);
9. New provisions pertaining to the relaxation of discharge limitations to individual users;
10. New slug discharge prevention requirements, reporting obligations, and presentation of slug control plans to PRASA;
11. Incorporation by reference of National Categorical Pretreatment Standards (40 CFR Parts 405 to 471);
12. Modification of pollutant discharge limits based on removal credits (40 CRF '403.7);
13. New variance provision based on fundamentally Different Factors (40 CFR Part '403.13);
14. Clarification of requirements for bulk dischargers;
15. New criteria for eligibility to the list of users in significant non-compliance to be published annually in the newspapers;
16. Modified sewer charges for non-significant users, significant users and bulk dischargers, as well as re-calculation of charges (BOD, Flow and TSS);
17. New discharge authorization for non-significant industrial users;
18. Clarification and new requirements in the process of application, modification, appealing, and transfer of a permit or authorization;
19. New requirements for notification and standards for the discharge of hazardous waste to PRASA facilities;
20. New repeat sampling and reporting requirements;
21. Clarification of process of issuance and response of a Notice of Violation (NOV);
22. New powers to issue Administrative Orders, Compliance Orders, Consent Orders, Cease and Desist Orders, Show Cause Orders and Emergency Suspensions;
23. New Penalties limit of up to $5,000 per violation per day;
24. New provisions pertaining to affirmative defenses for industrial users; and
25. New chapters on commercial relations with users concerning service;

Most of the proposed changes encompass federal pretreatment regulatory requirements, which serve to clarify the obligations of the industrial users.

The public may submit written comments on or before September 16, 2002. The proposed amendments to the regulation are available at http://www.aaa.gobierno.pr or http://www.ondeopr.com. According to the public notice, PRASA will not accept written comments after the date of the public hearing (i.e., Wednesday, September 18, 2002).

If you have any questions or would like assistance in the preparation of comments, please contact any member of our Environmental & Natural Resources Law Practice Group at (787) 751-8999 or vial e-mail:

Carlos Colón-Franceshi ccf@tcmrslaw.com
Rafael Rivera-Yankovich rryanko@tcmrslaw.com
Rafael Mullet-Sánchez rem@tcmrslaw.com
Michelle E. Renaud-Jiménez mrenaud@tcmrslaw.com

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