Document 0qMgNDxVdZvLVb1aJa5BEVoak

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TEXAS 75202-2733 APR 5 2018 CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7005 1820 0003 7458 3854 The Honorable Linda Calhoun Mayor, Town of Red River Town of Red River P.O. Box 1020 Red River, NM 87558 Re: Administrative Order Docket Number: CWA-06-2018-1781 Town of Red River, NPDES Pennit No. NM0024899 Dear Mayor Calhoun: Enclosed is an Administrative Order (AO) issued to the Town of Red River for violation of the Clean Water Act (CWA), 33 U.S.C. 1251-1387. The violations alleged were associated with a bulk caustic soda spill on January 5, 2018, and identified during om review of an inspection performed by New Mexico Environment Department at the Town of Red River wastewater treatment plant on January 8, 2018. These violations were discussed with you at the time of the inspection. The violations found include, but ru:e not limited to, the following: a) A caustic soda release into the wastewater treatment plant caused an upset and pass through of wastewater treatment operations with an exceedance of permit limits for pH and E. coli and resulted in a fish kill downstrerun of the outfall; b) standard operating and emergency procedures for receipt of and bulk chemical delivery and tank filling were not adequate to prevent overflows or spills; c) record keeping for the additional pH srunpling and analysis resulting from the caustic tank overflow and spill did not include times of sample collection; and d) failure to properly operate and maintain all facilities and systems of treatment and control. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within (30 days) of receipt of this AO. The AO also contains other compliance deadlines and specified information. The Enviromnental Protection Agency is committed to ensuring compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) progrrun, and my staff will assist you in any way possible. Please reference AO Docket Number CWA-06-2018-1781 and NPDES Penni! No. NM0024899 on your response. Re: Administrative Order CWA-06-2018-1781 Town of Red River, NM 2 If you have any questions, please contact Mike Tillman of my staff, at (214) 665-7531. Sincerely, (l________ Cheryl T. Seager Director Compliance Assurance and Enforcement Division Enclosure(s) cc: Ms. Shelly Lemon -Bmeau Chief Smface Water Quality Bureau New Mexico Environment Department P.O. Box 5469 Santa Fe, NM 87502-5469 Ms. Sarah Holcomb Program Manager Point Source Regulation Section New Mexico Environment Department UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 1445 Ross Avenue, Suite 1200, Dallas, TX 75202 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2018-1781, NPDES Facility or Permit Number: NM0024899 Statutory Authority The following findings are made, and Order issued, under the authority vested in the Administrator of the United States Environmental Protection Agency ("EPA") by Section 309(a) of the Clean Water Act ("the Act"), 33 U.S.C. 1319(a). The Administrator of EPA delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who further delegated this authority to the Director of the Compliance Assurance and Enforcement Division. Findings The Town of Red River ("Respondent") is a municipality chartered under the laws ofthe State ofNew Mexico, and as such, is a "person," as that tetm is defined at Section 502(5) of the Act, 33 U.S.C. 1362(5), and 40 C.P.R. 122.2. 1. At all times relevant to this Order, Respondent owned or operated the Town of Red River wastewater treatment plant and laboratory, located at Mile Marker 10 Highway 38, Red River, Taos County, New Mexico ("facility"), and was, therefore, an "owner or operator" within the meaning of 40 C.P.R. 122.2. The mailing address for Respondent is P.O. Box 1020, Red River, New Mexico, 87558. 2. At all relevant times, the facility acted as a "point source" of a "discharge" of"pollutants" with its municipal wastewater to the receiving waters of the Red River, which is considered a "water of the United States," within the meaning of Section 502 of the Act, 33 U.S.C. 1362, and 40 C.P.R. 122.2. 6. Respondent applied for and was issued NPDES petmit No. NM0024899 ("penni!") under Section 402 of the Act, 33 U.S.C. 1342, which became effective on May 1, 2017. At all relevant times, Respondent was authorized to discharge pollutants from the facility to waters ofthe United States only in compliance with the specific tetms and conditions of the permit. 7. Pmt I.A. I of the permit establishes effluent limitations and monitoring requirements for the final effluent at Outfall 00 I. Limitations for pH are set at a minimum of 6.6 and maximum of 8.8 standard units ("su"). Limitations for E. coli bacteria establish a daily maximum of 235 Colony Forming Units ("CFU")/100 ml or most probable number ("MPN") and a 30day average of 126 cfu/1 00 ml. 8. Part I.F of the permit states that "the permittee shall institute a progr= within 12 months of the effective date of the permit (or continue an existing one) directed towards optimizing the efficiency and extending the useful life of the facility." Items listed in the program include preventative maintenance programs and equipment conditions, overall evaluation of conditions at the facility, operator certification, and training plans and status. 9. Part III.B.2-3 ofthe permit requires the permittee to properly operate and maintain all treatment facilities and systems at all times and to take all reasonable steps to minimize upsets and discharges in violation of the NPDES permit that have a reasonable likelihood of adversely affecting human health or the environment. 3. Because Respondent owned or operated a facility that acted as a point source of discharges of pollutants to waters of the United States, Respondent and the facility were subject to the Act and the National Pollutant Discharge Elimination System ("NPDES") program. 4. Under Section 301 of the Act, 33 U.S.C. 1311, it is unlawful for any person to discharge any pollutant fi'om a point source to waters of the United States, except with the authorization of, and in compliance with, an NPDES permit issued pursuant to Section 402 of the Act, 33 U.S.C. 1342. 5. Section 402(a) of the Act, 33 U.S.C. 1342(a), provides that the Administrator of EPA may issue permits under the NPDES program for the discharge of pollutants from point sources to waters of the United States. Any such discharge is subject to the specific terms and conditions prescribed in the applicable penni!. 10. Pmt III.C.4-5 of the permit requires the permittee to sample and test its effluent and monitor its compliance with permit conditions according to specific procedures, in order to detetmine the facility's compliance or noncompliance with the permit and applicable regulations. Records of monitoring information shall include: date, exact place and time of sampling or measnrements, and time(s) analyses were performed. Monitoring must be conducted according to test procedures approved nuder 40 C.P.R. Pmt 136. 11. Part III.D ofthe permit establishes reporting requirements for the pennittee and states that if the permittee monitors any pollutant more frequently than required by the permit, using test procednres approved under 40 C.F.R. Part 13 6 or as specified in this permit, the results of this monitoring shall be included in the calculation and repmting of the data snbmitted in the Discharge Monitoring Repmt ("DMR") and such increased monitoring frequency shall also be indicated on the DMR.