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<DIV><FONT face=Arial size=2>Puerto Rico Coral Reef Action Alert </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> A few days ago we circulated a
sign-on letter to EPA Region II regarding a new Primary Waste Water Treatment
Plant [WWTP] being proposed for construction with coastal discharge in Puerto
Rico. Many people wrote back to us requesting more information. Others wrote
concerns about signing on to a letter which addressed one specific WWTP. We are
in the process of getting reference documents scanned to a web site. In the
mean time, for those who requested more information, below is a
summary.</FONT></DIV>
<DIV><FONT face=Arial size=2> </FONT></DIV>
<DIV><FONT face=Arial size=2> Where as it is true that this
letter focuses on only one WWTP, we would like to point out that this
primary WWTP, by virtue of the fact that it has yet to be built, serves as
an excellent example of the failure of EPA Region II to enforce Clean
Water Act (CWA) in Puerto Rico.</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>Clean Water Act</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> October, 1999 marked the 27th
anniversary of the CWA in the United States, but Puerto Rico is not celebrating.
In 1972, Congress passed the CWA amendment which required publicly owned WWTP to
achieve secondary treatment capability by 1977. Waivers were to be allowed on a
case-by case review, but only if complete waiver applications were submitted by
1982. Applicants get two tries. If granted a waiver, the plants have to adhere
to strict monitoring guidelines to demonstrate they are not damaging the
environment. This means that the proponents for the proposed Dorado WWTP have
had 18 years to complete and submit their second round waiver applications.
</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>To date, there are 9 plants pending 301(h) / Clean
Water Act Waivers in the United States and its jurisdictions. Six (6) of these
plants are in Puerto Rico, and 2 are in the U. S. Virgin Islands.
These are all under EPA Region II. </FONT></DIV>
<DIV><FONT face=Arial size=2>(The 9th plant was in Maine, but I think they
agreed to upgrade to secondary - not sure.)</FONT></DIV>
<DIV><FONT face=Arial size=2> </FONT></DIV>
<DIV><FONT face=Arial size=2> Five plants in Puerto Rico have
been operating without their CWA waivers, and the CWA waiver monitoring
standards for almost two decades. If you are thinking...better primary out of a
long tube away from reefs than secondary out a short tube, consider this: Puerto
Rico's primary plant diffusers (with one exception) discharge heavily
chlorinated sewage less than a mile off shore. The diffusers in Arecibo and
Aguadilla are located in coastal waters less than 70 feet deep. The wastefields
of all diffusers are neither trapped nor diluted. Plume surfacing is common
outside of the mixing zones. </FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2> The letter circulated referred
to two EPA letters written to the Puerto Rico Aqueduct and Sewer Authority
[PRASA] - the proponents of these plants - stating a deadline for their
second round applications. We believe that the failure of EPA Region II to
stick to such deadlines has contributed to their inability to enforce CWA
in Puerto Rico.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>Below is the summary taken from an internal EPA
Report of Audit entitled: Review of EPA's Processing of Clean Water Act Section
301(h) Waivers. Audit Report No. E1HWFO-02-0140-0100482, September 18,
1990.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>"Although the Region resolved New York and New
Jersey waiver requests in an effective manner, it delayed taking timely actions
to render decisions or formally deny Puerto Rico and Virgin Islands waiver
requests when (i) applications were either incomplete and requested
information was not timely or completely provided (ii) applicants refused to
withdraw tentatively denied applications, (iii) tentative approval conditions
were not met, and (iv) non-compliance with Administrative Order's effluent
limits occurred. Although the Region was aware of most Puerto Rico Aqueduct and
Sewer Authority (PRASA) and Virgin Islands Department of Public Works
(VIDPW) performance shortcomings discussed in our report, it has not
followed up its numerous threats to deny applications when required actions
were not adequately or timely provided. While considering applicants'
financial problems, the Region also may have allowed certain waiver applications
to be used to circumvent statutory requirements."</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>Proponents for the primary WWTP's in Puerto Rico
refer to their history of non-compliance to EPA administrative orders as
evidence of their inabilities to run a more technically complex secondary
treatment plant. They also argue that they cannot afford the expense of adequate
sewage treatment. However, the value of our diverse tropical coastal ecosystem
has never entered into the cost-benefit analysis of these plants, nor has the
long term maintenence of these large regional plants and their associated trunk
systems. These decaying pipes significantly contribute to urban runoff problems.
Also never taken into cost-benefit consideration for these plants is the
cost of impacts to human health and the tourism industry.</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>As proponents prepare to submit their final CWA
waiver applications for these plants, they have also dramatically increased the
NPDES permit flow limits.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>Aguadilla, currently
discharges 5mgd(million gallons/day) and is being increased to
10mgd</FONT></DIV>
<DIV><FONT face=Arial size=2>Arecibo, currently at 8mgd is being increased to
10mgd</FONT></DIV>
<DIV><FONT face=Arial size=2>Puerto Nuevo, currently at 60mgd is being increased
to 144mgd</FONT></DIV>
<DIV><FONT face=Arial size=2>Bayamon, currently at 25mgd is being increased to
80mgd</FONT></DIV>
<DIV><FONT face=Arial size=2>Ponce, currently at 12mgd is being increased to
36mgd (Ponce has the longest diffuser)</FONT></DIV>
<DIV><FONT face=Arial size=2>Loiza/Carolina currently discharges 25mgd, (in
excess of their current 20 mgd limit). Their new NPDES permit app. asked
for an increase to 90mgd. </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> Adding the proposed Dorado plant
with its 30 mgd capacity, EPA and Puerto Rico could be legally permitting
the discharge of around 400 million gallons of heavily chlorinated
sewage, and in some cases industrial waste, into our tropical coastal ecosystem
each day. These NPDES increases will be used to demonstrate infrastructure for
the permitting of new developments. We contend that primary sewage treatment is
not sewage treatment, and does not demonstrate proper infrastructure for such
development.</FONT></DIV>
<DIV><FONT face=Arial size=2> </FONT></DIV>
<DIV><FONT face=Arial size=2> We hope this answers
any questions about why we would ask experts to sign on a letter
pertaining to such a specific issue. We do not believe that
the Congress of the United States intended for CWA waivers to be used
to construct new primary sewage treatment plants with ocean discharge in the
year 2000. EPA should stick to their written deadlines. Knowing what we know
today, we need to "make" the recovery of these diverse tropical coastal
ecosystems a priority - not just "say" that they should be a
priority.</FONT></DIV>
<DIV><FONT face=Arial size=2> </FONT></DIV>
<DIV><FONT face=Arial size=2> The Puerto Rico Hotel and Tourism
Association have voiced their opposition to the proposed Dorado plant, as well
as the other primary WWTP's in PR, in writing and at public hearings.Three days
ago, the community of Toa Baja (the community where the Dorado plant
proposed to be built) organized a "sit-in" in the Caribbean EPA office
to demonstrate their concern about this new plant. Jean Fox responded by
granting proponents another extension. We hope more coral reef experts will sign
on to this letter, or move through other channels to help us address
these serious coastal clean water problems and the Federal enforcement
of CWA in Puerto Rico and USVI'.s. </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>
<DIV><FONT face=Arial size=2>Sincerely, </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>Mary Ann Lucking</FONT></DIV>
<DIV><FONT face=Arial size=2>Project Coordinator</FONT></DIV>
<DIV><FONT face=Arial size=2>CORALations</FONT></DIV>
<DIV><FONT face=Arial size=2>PMB 222</FONT></DIV>
<DIV><FONT face=Arial size=2>5900 Isla Verde Ave. L2</FONT></DIV>
<DIV><FONT face=Arial size=2>Carolina, PR 00979-4901</FONT></DIV>
<DIV><FONT face=Arial size=2><A
href="mailto:corals@caribe.net">corals@caribe.net</A></FONT></DIV>
<DIV><FONT face=Arial size=2>Toll Free: 1-877-77coral</FONT></DIV></FONT></DIV>
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