Document 3J3D67arQe7qqjkwG6bKqmYon

F. ll ED In the Matter of: UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 . 2019 JM' J"O ')f'1' I: !19 i? EGfO J.l ;~ l ,' i E i " . ,.. ,-. - - . EP1: c.. c''l'o"~ . \) '- Lr. l<h ' ' ' l- n II Village of Fort Sumner, a New Mexico Municipality, Respondent NPDES Permit No. NM0023477 DOCKET NO. CWA~06~20 18-1820 CONSENT AGREEMENT AND FINAL ORDER I. PRELThflNARYSTATEMENT . 1. This Consent Agreement and Final Order ("CAFO") is issued under the authority vested in the United States Environmental Protection Agency ("EPA") pursuant to Section 309(g) of the Clerui Water Act ("the Act"), 33 U.S.C. 1319(g). This CAFd is issued in accordance .with 40 C.F.R. 22.18, as described in the "Consolidated Rules of Practice Goveming the Administrative Assessment ofCivil Penalties and the Revocation/Termination or Suspension of Permits," 40 C.F.R. Patt 22. 2. On September 21, 2018, EPA Region 6 'issued to the Village of fott Sumner ("Respondent") an Adminishative Complaint ("Complaint") under Section 309(g) of tl).e Act, 33 U.S.C. 13~9(g), which proposed to assess a civil' penalty against Respondent, and gave notice ofRespovdent's oppottunity torequest a hearing on the proposed adminishative penalty assessment. 3. Respondent and EPA (collectively, "Patties") agree that settlement ofthe relevant matters without litigation will save time and resources, that it is in the public's interest, and that the entry of this CAFO is the most appropriate means of resolving such matters. Compliance with all the terms and conditions of this CAFO resolves only those violations alleged in the Complaint. 4. Respondent admits t he jurisdictional allegations of the Complaint;. however, Respondent neither admits nor denies the specific factual allegations and conclusions oflaw contained in the Complaint or the Findings of Fact and Conclusions ofLaw contained in this CAFO. I Docket No. CWA-06-2018-1820 I I Page2 5.. Respondent expressly waives any rigl1t to contest the factual allegations or conclusions of law contained in the Complaint and this CAFQ and waives its right to appeal the Final Order set fmth herein. 6. Before the taking of any testimony, and without adjudication of any issue of law or fact, the Parties agree to the terms ofthis CAFO and to its issuance.. Respondent consents to the assessment and payment of a civil penalty in the amount and by the method stated below. II. FINDINGS OF FACT AND CONCLUSIONS OF LAW 7. Respondent is a municipality, chmtered under the laws of the State ofNew Mexico, and as such, Respondent is a "person," as that term is defined at Section 502(5) of the Act, 33 U.S.C. .1362(5), md 40 C.F.R. 122.2. 8. At all times relevant to this action, Respondent owned or operated the Village of Fmt Sumner Wastewater Treatment Plant located between Salt Cedar Street and' Sewer Plant Drive, in Fort Sumner, De Baca County, New Mexico ("facility") and was, therefore, an "owner or operator" within the meaning of 40 C.F.R. 122.2. 9. At all relevant times, the facility was a "treatment works" and a "publicly owned treatment works" ("POTW") within the meaning of Section 212(2) of the Act, 33 U.S.C. 1292(2) and 40 C.P.R. i I 403.3. 10. The Complaint specified Findings of Fact and Conclusions of Law that are hereby ! incorporated by reference m1d alleged, among other things, that at the relevant times: Respondent was a "person" that "owned or operated" a facility that was a "point source" subject to "discharges" of I "pollutm1ts" to identified "waters of the United States" within the meaning of Section 502 of the Act, 33 I U.S.C, 1362, and 40 C.P.R. 122.2; Respondent and the facility were subject to the provisions ofthe Act, 33 U.S.C. 1251-1387 et seq., and the National Pollutant Dischmge Elimination System ("NPDES") I program; and Respondent violated Section301 of the Act, 33 U.S.C. 1311, by discharging pollutants, to waters of the United States, without a penni! from June 30, 2017 until May I, 20 18, and failing to submit I ! monthly discharge monitol'ing rep01ts ("DMRs"), as specified in the Complaint- I I Docket No. CWA-06-20 18-1820 Page3 11. With the issuance of the Complaint, the New Mexico Environment Department was notified and given an oppoitun.ity to consult with EPA regarding the proposed assessment of an administlative penalty against Respondent. 12. EPA notified the public of the Complaint via the internet :at https://www.epa.goy/ publicnotices and afforded the public thirty (30) days to comment on the Complaint and proposedpenalty. . At the expiration of the notice period, EPA received no comments from the public. ill. TERMS OF SETTLEMENT A. PENALTY PROVISIONS 13. Based on the foregoing Findings of Fact and Conclusions of Law, EPA Region 6, considering the relevant criteria pursuant to Section309(g)(3) ofthe Act, 33 U.S.C. l3 19(g)(3), and acting pursuant to the authority of Section 309(g) ofthe Act, 33 U.S.C. l319(g), hereby orders that Respondent shall pay to the United States a civil penalty in the amount of six thousand doJJars ($6,000.00) to settle the . . violations as alleged in the Complaint, in accordance with 40 C.F.R. 22.1B(c). 14. Payment shall be made by one of the following methods within thirty (30) days of the effective date ofthis CAFO: a. By mailing a bank check, cashier's check or cettified check, payable to "Treasurer of the United States," to the following address: U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979077 St. Louis, MO 63197-9qoo b. By wire transfer to: Federal Reserve Bank ofNew York ABA: 021030004 AccountNumber: 68010727 SWIFT address: FRNYUS33 33 Liberty Street New York, NY 10045 Field Tag 4200 ofthe Fedwire message should read: "D 680i0727 Enviromnental Protection Agency"