EPA flags firms at Rincón residential construction site for hazardous runoff

By John McPhaul

jpmcphaul1@gmail.com

The U.S. Environmental Protection Agency (EPA) has ordered two companies, Desarrolladora Yahir Inc. and A&M Group Inc., to comply with the federal Clean Water Act (CWA), after finding that they contaminated surface water with sediment resulting from the construction of a residential development in the Puntas neighborhood in Rincón.

An administrative compliance order is an administrative enforcement action taken by the EPA to ensure compliance with the CWA. Under the CWA, construction activities that disturb one or more acres of land near bodies of water must obtain coverage from the EPA’s stormwater runoff construction permit and meet requirements to reduce stormwater discharges with pollutants. Failure to obtain a permit or comply with the requirements of the permit may constitute violations of the CWA.

The companies, as ordered, must comply with the CWA, National Pollutant Discharge Elimination System (NPDES) program regulations for construction activities, and the NPDES construction general permit for stormwater discharges from construction activity as long as they conduct construction activities and generate storm water runoff discharge containing pollutants associated with such activities at the construction site.

The administrative order requires the companies to stop discharging pollutants into bodies of water near the project and comply with the aforementioned rules.

In the order, the EPA determined that Yahir and A&M Group both violated the terms of a general building permit designed to minimize the impacts of construction work on bodies of water. The EPA’s order requires the companies to implement erosion and sedimentation controls to manage pollutants in stormwater runoff that reaches the Piletas Ravine and the Caribbean Sea. They also must jointly submit progress reports describing the status and progress of actions taken to comply with the provisions outlined in the order.

“When developers and contractors fail to comply with requirements to control erosion and storm runoff at construction sites, it can result in contamination of nearby water bodies by sediment-containing discharges and other potential contaminants,” EPA Regional Administrator Michael Martucci said. “If companies follow the regulations, development projects, which are an important part of economic progress, can continue to be carried out while continuing to protect our environment.”

EPA records show that earth movement activities began at the construction site in May 2024, resulting in stormwater runoff discharge carrying pollutants from the construction site into Piletas Ravine and the sea.

Discharges of stormwater runoff with pollutants pose a serious threat to coastal waters in the Caribbean, including the Tres Palmas Marine Reserve in Rincón. The EPA provides compliance assistance to construction project owners and operators to ensure that they meet their obligations and have adequate stormwater runoff controls in place so that construction activities can continue in a manner that protects the environment.

The order does not include an assessment of an administrative penalty for violations of NPDES regulations, but the EPA reserves its right to pursue penalties or other appropriate relief under Section 309 of the CWA.

Failure to comply with the order may result in respondents’ liability for civil penalties for each violation of up to $68,445 per day.