Puerto Rico Aqueduct and Sewer Authority NPDES NO. PR0022748
Villalba (Jagueyes) WTP
United States Environmental Protection Agency
Region 2
Caribbean Environmental Protection Division
City View Plaza ll-Suite 7000, #48 Rd. 165 km 1.2
Guaynabo, Puerto Rico 00968-8069
FACT SHEET
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
VILLALBA (JAGUEYES) WTP
PERMIT No. PR0022748
This Fact Sheet sets forth the principle facts and technical rationale that serve as the legal basis forthe requirements
of the accompanying draft permit. The draft permit has been prepared in accordance with Clean Water Act (CWA)
section 402 and its implementing regulations at Title 40 of the Code of Federal Regulations (CFR), Parts 122
through 124, and the Water Quality Certificate (WQC) issued by the Puerto Rico Department of Natural and
Environmental Resources (DNER) pursuant to CWA section 401 requirements.
Pursuant to 40 CFR 124.53, the Commonwealth of Puerto Rico must either grant a certification pursuant to CWA
section 401 or waive this certification before the U.S. Environmental Protection Agency (EPA) may issue a final
permit. On January 31, 2023. DNER provided in the WQC that the allowed discharge will not cause violations to
the applicable water quality standards at the receiving water body if the limitations and monitoring requirements in
the WQC are met. In accordance with CWA section 401, EPA has incorporated the conditions of the WQC into the
draft permit. The WQC conditions are discussed in this Fact Sheet and are no less stringent than allowed by federal
requirements. Additional requirements might apply to comply with other sections of the CWA. Review and appeals
of limitations and conditions attributable to the WQC were made through the applicable procedures of the
Commonwealth of Puerto Rico and not through EPA procedures.
Background
A. Permittee and Facility Description
The Puerto Rico Aqueduct and Sewer Authority (PRASA) (referred to throughout as the Permittee) has applied for
renewal of its National Pollutant Discharge Elimination System (NPDES) permit. The Permittee is discharging
pursuant to existing NPDES Permit No.0022748. The Permittee submitted Application Form 1 and Form 2C dated
December 17, 2022, and applied for an NPDES permit to discharge treated wastewater from Ciales (Cordillera)
WTP, called the facility. The facility is classified as a minor discharger by EPA in accordance with the EPA
rating criteria.
The Permittee owns and operates water treatment plant. Attachment A of this Fact Sheet provides a map of the
area around the facility and a flow schematic of the facility.
The treatment system consists of the following:
The Villalba (Jagueyes) WTP is a filtration plant that treats raw water from Jacagiias River and Semil Dam to
provide potable water to various sectors of the municipality of Villalba. The raw water is disinfected using
chlorine. Polymers are used as coagulant. The process includes flash-mixing, coagulation, flocculation,
sedimentation, filtration, and post chlorination. The filters backwashes and settling tank drains are
dechlorinated before being discharged to an intermittent creek tributary of the Jacagiias River.
Water is processed through the following units:
> Flocculation Tank
> Sedimentation Tanks
> Filters
> Chlorination and Dechlorination
NPDES Fact Sheet 1
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Puerto Rico Aqueduct and Sewer Authority
Villalba (Jagueyes) WTP
A long term remedial measure to construct a Sludge Treatment System (STS) by 2025 is included in the Consent
Decree Civil Action No 3:15-CV-02283(JAG).
Summary of Permittee and Facility Information
Permittee
Puerto Rico Aqueduct and Sewer Authority (PRASA)
Facility contact, title, phone
Mr. Edgardo Bermudez Valentin, Executive Director
Compliance and Quality Control
(787) 620-2277
Permittee (mailing) address
Puerto Rico Aqueduct and Sewer Authority
P.O. Box 7066
Barrio Obrero Station
Santurce, Puerto Rico 00916-7066
Facility (location) address
Road 513, Km. 1.1, Villalba Abajo Ward, Villalba, PR 00766
Type of facility
WTP
Pretreatment program
N/A
Facility monthly average flow
0.0513 MGD
Facility design flow
0.42 MGD
Facility classification
minor
B. Discharge Points and Receiving Water Information
Wastewater is discharged from Outfall 001 Jacagiias River, a water of the United States.
The draft permit authorizes the discharge from the following discharge point(s):
Outfall
Effluent description
Outfall latitude
Outfall longitude
Receiving water name and
classification
001
Sedimentation tanks drain
and filters backwash
18°, 06', 43" N
66°, 30', 52" W
Intermittent creek tributary to Jacaguas
River, SD
As indicated in the Puerto Rico Water Quality Standards (PRWQS) Regulations, the designated uses for Class
SD receiving waters include:
> Use as a raw source of public water supply; and
> Propagation and preservation of desirable species, including threatened or endangered species.
C. Mixing Zone/Dilution Allowance - N/A
D. Compliance Orders/Consent Decrees
The Permittee has a Consent Decree with the Agency (civil action Civil Action No 3:15-CV-02283(JAG)) in
which the facility is included. This consent decree does not affect this permit action.
E. Summary of Basis for Effluent Limitations and Permit Conditions - General
The effluent limitations and permit conditions in the permit have been developed to ensure compliance with the
following, as applicable:
> Clean Water Act section 401 certification requirements;
> NPDES regulations (40 CFR Part 122); and
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Puerto Rico Aqueduct and Sewer Authority
Villalba (Jagueyes) WTP
> PRWQS (August, 2022).
PART I. RATIONALE FOR EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
CWA section 301(b) and 40 CFR 122.44(d) require that permits include limitations more stringent than applicable
technology-based requirements where necessary to achieve applicable water quality standards. In addition,
40 CFR 122.44(d)(1)(i) requires that permits include effluent limitations for all pollutants that are or may be
discharged at levels that cause, have the reasonable potential to cause, or contribute to an exceedance of a
water quality criterion, including a narrative criterion. The process for determining reasonable potential and
calculating water quality-based effluent limits (WQBELs) is intended to protect the designated uses of the
receiving water, and achieve applicable water quality criteria. Where reasonable potential has been established
for a pollutant, but there is no numeric criterion for the pollutant, WQBELs must be established using (1) EPA
criteria guidance under CWA section 304(a), supplemented where necessary by other relevant information; (2) an
indicator parameter for the pollutant of concern; or (3) a calculated numeric water quality criterion, such as a
proposed state criterion or policy interpreting the state's narrative criterion, supplemented with other relevant
information, as provided in 40 CFR 122.44(d)(1)(vi).
The effluent limitations and permit conditions in the permit have been developed to ensure compliance with all
federal and state regulations, including PRWQS. The basis for each limitation or condition is discussed below.
A. Effluent Limitations
The permit establishes WQBELs for several pollutants and the basis for these limitations are
discussed below.
1. 5-Day Biochemical Oxygen Demand (BODs): The effluent limitation for BOD5 is based on the water
quality criterion for all waters in Puerto Rico as specified in Rule 1303.1 .F of PRWQS, and the WQC.
2. Flow: An effluent limitation for flow has been established in the permit. Monitoring conditions are applied
pursuant to 40 CFR 122.21 (j)(4)(ii) and DNER's Water Quality Certificate.
3. Color: The effluent limitation is based on the water quality criterion for Class SD waters as specified in Rule
1303.2.C.2.e of PRWQS, and the WQC.
4. pH: The effluent limitation is based on the water quality standards as specified in Rule 1303.2.C.2.d of
PRWQS, and the WQC.
5. Temperature: The effluent limitation for temperature is based on the water quality criterion for Class SD
waters as specified in Rule 1303.1.D.1 of PRWQS, and the WQC.
6. Dissolved Oxygen (DO): The effluent limitation is based on the water quality criterion for Class SD waters as
specified in Rule 1303.2.C.2.a. of PRWQS, and the WQC
7. Turbidity: The effluent limitation is based on the water quality criterion for Class SD waters as specified in
Rule 1303.2.C.2.f. of PRWQS, and the WQC.
8. Taste and Odor Producing Substances: The effluent limitation is based on the water quality criterion for
Class SD waters as specified in Rule 1303.2.D.2.h of PRWQS, and the WQC.
9. Suspended, Colloidal or Settleable Solids: The effluent limitation is based on the water quality standards
as specified in Rule 1303.1 .E of PRWQS, and the WQC.
10. Solids and Other Matter: The effluent limitation is based on the water quality standards as specified in Rule
1303.1 .A of PRWQS, and the WQC.
11. Copper, Lead and Residual Chlorine: The effluent limitation is based on the water quality standards as
specified in Rule 1303.1.J.1 of PRWQS, and the WQC.
11. Total Ammonia Nitrogen: The effluent limitation is based on the water quality criterion for Class SD waters
as specified in Rule 1303.2 C.2.I of PRWQS, and the WQC.
12. Total Phosphorus: The effluent limitation is based on the water quality criterion for Class SD waters as
specified in Rule 1303.2 C.2.n of PRWQS, and the WQC.
NPDES Fact Sheet 3
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Puerto Rico Aqueduct and Sewer Authority
Villalba (Jagueyes) WTP
B. Effluent Limitations Summary Table
1. Outfall Number 001
Parameter
Units
Effluent limitations
Averaging period
Highest Reported
Value (1)
Existing
limits
Final
limits
Basis
Notes
BOD5
mg/L
Daily maximum
195
5.0
5.0
WQBEL
(1)
Color
Pt-Co
Daily maximum
15
15
15
WQBEL
(1)
Copper
Hg/L
Daily maximum
1270
7.1
9.32
WQBEL
(1)
Dissolved Oxygen
mg/L
Daily Minimum
8.29
No less than
5.0
No less than
5.0
WQBEL
(1)
Flow
MGD
Daily maximum
.5658
0.042
0.042
WQBEL
(1)
Lead
Hg/L
Daily maximum
44.3
2.1
3.2
WQBEL
(1)
pH
SU
Daily min/maxim
6.67-8.19
6-9
6-9
WQBEL
(1)
Residual Chlorine
Hg/L
Daily maximum
0
11
11
WQBEL
(1)
Suspended, Colloidal or
Setteable Solids
rnl/I,
Daily maximum
245
Monitor
Monitor
WQBEL
(1)
Temperature
°C
Daily maximum
30.8
32.2 °C max
30 °C max
WQBEL
(1)
Total Ammonia Nitrogen
mg/L
Daily maximum
1030
Monitor
0.08
WQBEL
(1)
Total Dissolved Solids
mg/L
Daily maximum
-
-
500
WQBEL
Total Phosphorus
Hg/L
Daily maximum
1110
160
160
WQBEL
Turbidity
NTU
Daily maximum
17,900
50
50
WQBEL
(1)
Note: Dashes (-) indicate there are no effluent data, no limitations, or no monitoring requirements for this parameter.
(1) Wastewater data from DMRs dated November 30, 2020 to October 31, 2022.
2. Outfall 001 Narrative Limitations
a. The waters of Puerto Rico must not contain any substance, attributable to the discharge at such
concentration which, either alone or as result of synergistic effects with other substances, is toxic or
produces undesirable physiological responses in humans, fish, or other fauna or flora.
b. The discharge must not cause the presence of oil sheen in the receiving water body.
c. The waters of Puerto Rico must not contain floating debris, scum, or other floating materials attributable
to discharges in amounts sufficient to be unsightly or deleterious to the existing or designated uses of the
water body.
d. Solids from wastewater sources must not cause deposition in or be deleterious to the existing or
designated uses of the waters.
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Puerto Rico Aqueduct and Sewer Authority
Villalba (Jagueyes) WTP
e. Taste and odor-producing substances must not be present in amounts that will interfere with primary
contact recreation, or will render any undesirable taste or odor to edible aquatic life.
f. Except by natural causes, no heat may be added to the waters of Puerto Rico, which would cause the
temperature of any site to exceed 86°F (30°C).
C. Monitoring Requirements
NPDES regulations at 40 CFR 122.48 require that all permits specify requirements for recording and reporting
monitoring results. The Part III of the Permit establishes monitoring and reporting requirements to implement
federal and state requirements. The following provides the rationale for the monitoring and reporting requirements
for this facility.
1. Effluent Monitoring Requirements
Effluent monitoring frequency and sample type have been established in accordance with the
requirements of 40 CFR 122.44(i) and recommendations in EPA's TSD. Consistent with 40 CFR Part 136
monitoring data for toxic metals must be expressed as total recoverable metal. Effluent monitoring and
analyses shall be conducted in accordance with EPA test procedures approved under 40 CFR Part 136,
Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act, as
amended. For situations where there may be interference, refer to Solutions to Analytical Chemistry
Problems with Clean Water Act Methods (EPA 821-R-07-002). A licensed chemist authorized to practice
the profession in Puerto Rico shall certify all chemical analyses. All bacteriological tests shall be certified
by a microbiologist or licensed medical technologist authorized to practice the profession in Puerto Rico.
The sampling point for Outfall 001 shall be located immediately after the primary flow measuring device
of the effluent of the treatment system.
D. Compliance with Federal Anti-Backsliding Requirements and Puerto Rico's Anti-Degradation Policy
Federal regulations at 40 CFR 131.12 require that state water quality standards include an anti-degradation policy
consistent with the federal policy. The discharge is consistent with the anti-degradation provision of 40 CFR
131.12, 72 Federal Register 238 (December 12, 2007, pages 70517-70526) and DNER's Anti-Degradation Policy
Implementation Procedure in Attachment A of PRWQSR. In addition, CWA sections 402(o)(2) and 303(d)(4) and
federal regulations at 40 CFR 122.44(1) prohibit backsliding in NPDES permits. Further, the Region 2
Antibacksliding Policy provides guidance regarding relaxation of effluent limitations based on water quality for
Puerto Rico NPDES permits. These anti-backsliding provisions require effluent limitations in a reissued permit to
be as stringent as those in the previous permit with some exceptions where limitations may be relaxed.
• The effluent limitations in the permit are at least as stringent as the effluent limitations in the existing
permit, with the exception of effluent limitation for Copper and Lead. The effluent limitation for these
pollutant is less stringent that those in the existing permit. This relaxation of effluent limitation is
consistent with the anti-backsliding requirements of CWA section 401 (o), 40 CFR 122.44(1), EPA
Region 2's Anti-backsliding Policy dated August 10, 1993, and Puerto Rico's Anti-Degradation Policy
Implementation Procedure established in PRWQS. CWA Sec. 402(o)(2)(B)(i) allows back sliding if
information is available which was not available at the time of permit issuance and would have
justified a less stringent effluent limitation at the time of permit issuance. EPA has determined that it is
appropriate to relax the effluent limitation for these parameters without violating anti-backsliding
provisions of the CWA, in accordance with section 402(o)(2), since one of the exceptions to the
provisions has been satisfied; and section 402(o)(3) since it complies with DNER's WQS which
include antidegradation requirements. The DNER WQC constitutes a determination that the limit is
sufficient to assure that the water quality standards are or will be attained.
• Existing effluent limitations for Zinc and Mercury have been removed based on CWA section
402(o)(2)(B)(i). CWA section 402(o)(2)(B)(i) authorizes the backsliding of effluent limitations if
information is available which was not available at the time of permit issuance that would have
justified the application of a less stringent effluent limitation at the time of permit issuance. Based on
review of effluent data since issuance of the existing permit, the modified discharge does not show a
reasonable potential for the exceedance of water quality criteria for these parameters.
• The water quality-based effluent limitation from the previous permit for Total Ammonia Nitrogen,
NPDES Fact Sheet 5
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Puerto Rico Aqueduct and Sewer Authority
Villalba (Jagueyes) WTP
and Temperature have been replaced with a more stringent water quality-based limitation in the
Intent to Issue a WQC issued by the DNER. Pursuant to Section 401 (d) of the Act and 40 C.F.R.
122.44 (d) and 124.55, all State certified limitations and requirements contained in a Section 401
certification must be incorporated into a NPDES permit issued by EPA. The water quality-based
effluent limitations referenced in this paragraph have been included in the draft NPDES permit, based
on DNER's Intent to Issue a Water Quality Certificate.
PART II. RATIONALE FOR STANDARD AND SPECIAL CONDITIONS
A. Standard Conditions
In accordance with 40 CFR 122.41, standard conditions that apply to all NPDES permits have been incorporated
by reference in Part IV.A.1 of the permit and expressly in Attachment B of the permit. The Permittee must comply
with all standard conditions and with those additional conditions that are applicable to specified categories of
permits under 40 CFR 122.42 and specified in Part IV.A.2 of the Permit.
B. Special Conditions
In accordance with 40 CFR 122.42 and other regulations cited below, special conditions have been incorporated
into the permit. This section addresses the justification for special studies, additional monitoring requirements,
Best Management Practices, Compliance Schedules, and/or special provisions for POTWs as needed. The
special conditions for this facility are as follows:
1. Special Conditions from the Water Quality Certificate
In accordance with 40 CFR 124.55, EPA has established Special Conditions from the WQC in the permit
that DNER determined were necessary to meet PRWQSR. The Special Conditions established in this
section are only those conditions from the WQC that have not been established in other parts of the
permit.
2. Best Management Practices (BMP) Plan
In accordance with 40 CFR 122.2 and 122.44(k), BMPs are schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to prevent or reduce the pollution to
waters of the United States. The Permittee is required to develop a BMP Plan in Part IV.B.3.a of the
permit to control or abate the discharge of pollutants.
3. Compliance Schedules
A compliance schedule has not been authorized for any pollutant or parameter in the permit on
the basis of 40 CFR 122.47.
PART III. COMPLIANCE WITH APPLICABLE PROVISIONS OF OTHER FEDERAL LAWS OR
EXECUTIVE ORDERS
A. Coastal Zone Management Act - Under 40 CFR 122.49(d), and in accordance with the Coastal Zone
Management Act of 1972, as amended, 16 United States Code (U.S.C.) 1451 etseq. section 307(c) of the act
and its implementing regulations (15 CFR Part 930), EPA may not issue an NPDES permit that affects land or
water use in the coastal zone until the Permittee certifies that the proposed activity complies with the Coastal
Zone Management Program in Puerto Rico, and that the discharge is certified by the Commonwealth of Puerto
Rico to be consistent with the Commonwealth's Coastal Zone Management Program. The Permittee has
indicated the outfall is not in a coastal area managed by the Commonwealth's Coastal Zone Management
Program and, although nearby, EPA has determined it will not affect the coastal area. Therefore, the
requirements of 40 CFR 122.49(d) do not apply to this discharge.
B. Endangered Species Act
Under 40 CFR 122.49(c), EPA is required pursuant to section 7 of the Endangered Species Act (ESA), 16 U.S.C.
1531 etseq. and its implementing regulations (50 CFR Part 402) to ensure, in consultation with the National
Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (USFWS) that the discharge authorized by
the permit is not likely to jeopardize the continued existence of any endangered or threatened species or
adversely affect its critical habitat. On April 16, 2009, EPA designated PRASA (a non-Federal representative)
NPDES Fact Sheet 6
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Puerto Rico Aqueduct and Sewer Authority
Villalba (Jagueyes) WTP
to conduct informal consultations or prepare a biological assessment for Section 7 Consultations,
according to 50 CFR 402.8. In the past, no federally listed endangered or threatened species, or critical
habitat, are in the vicinity of the discharge. Therefore, it has been determined that the discharge is not
likely to affect species or habitat listed under the ESA.
C. Environmental Justice
EPA has performed an Environmental Justice (EJ) Analysis for the discharge in accordance with Executive Order
12898, Federal Actions to Address Environmental Justice in Minority Population and Low-Income Populations,
and EPA's Plan EJ 2014. EJ is the right to a safe, healthy, productive and sustainable environment for all, where
"environment" is considered in its totality to include the ecological, physical, social, political, aesthetic and
economic environments. In the NPDES permitting program, the public participation process provides opportunities
to address EJ concerns by providing appropriate avenues for public participation, seeking out and facilitating
involvement of those potentially affected, and including public notices in more than one language where
appropriate. The facility is in an area characterized as a Community of Concern and therefore is subject to the EJ
requirements. In the EJ Analysis, but there is no potential for a disproportionate and/or adverse environmental
burden in the area.
D. Coral Reef Protection - Not Applicable
E. Climate Change
EPA has considered climate change when developing the conditions of the permit. This is in accordance with the
draft National Water Program 2012 Strategy: Response to Climate Change that identifies ways to address climate
change impacts by NPDES permitting authorities (77 Federal Register 63, April 2, 2012, 19661-19662). Climate
change is expected to affect surface waters in several ways, affecting both human health and ecological
endpoints. As outlined in the draft National Water Program 2012 Strategy, EPA is committed to protecting surface
water, drinking water, and ground water quality, and diminishing the risks of climate change to human health and
the environment, through a variety of adaptation and mitigation strategies. These strategies include encouraging
communities and NPDES permitting authorities to incorporate climate change strategies into their water quality
planning, encouraging green infrastructure and recommending that water quality authorities consider climate
change impacts when developing water load and load allocations for new TMDLs, identifying and protecting
designated uses at risk from climate change impacts. The 2010 NPDES Permit Writers' Manual also identifies
climate change considerations for establishing low-flow conditions that account for possible climatic changes to
stream flow. The conditions established in the permit are consistent with the draft National Water Program 2012
Strategy.
F. National Historic Preservation Act
Under 40 CFR 122.49(b), EPA is required to assess the impact of the discharge authorized by the permit on any
properties listed or eligible for listing in the National Register of Historic Places (NRHP) and mitigate any adverse
effects when necessary in accordance with the National Historic Preservation Act, 16 U.S.C. 470 et seq. EPA's
analysis indicates that no soil disturbing or construction-related activities are being authorized by approval of this
permit; accordingly, adverse effects to resources on or eligible for inclusion in the NHRP are not anticipated as
part of this permitted action.
G. Magnuson-Stevens Fishery Conservation and Management Act - NOT APPLICABLE
PART IV. PUBLIC PARTICIPATION
The procedures for reaching a final decision on the draft permit are set forth in 40 CFR Part 124 and are
described in the public notice for the draft permit, which is published which is published on EPA's website at
https://www.epa.qov/npdes-permits/puerto-rico-npdes-permits. Included in the public notice are requirements for
the submission of comments by a specified date, procedures for requesting a hearing and the nature of the
hearing, and other procedures for participation in the final agency decision. EPA will consider and respond in
writing to all significant comments received during the public comment period in reaching a final decision on the
draft permit. Requests for information or questions regarding the draft permit should be directed to
Carlos Rivera
EPA Region 2, Caribbean Environmental Protection Division
Permit Writer Phone: 787-977-5846
Permit Writer Email: rivera.carlos@epa.gov
NPDES Fact Sheet 7
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