Document B8RM8w11BzYNykDbo4yY1R8j8

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 FILED 14 JAN 26 PM 02:47 REGIONAL HEARING CLERK EPA REGION 6 IN THE MATTER OF: City of Las Vegas, NM Respondent Facility Number: NM0028827 DOCKET NO. CWA-06-2025-1740 COMPLAINT, CONSENT AGREEMENT AND FINAL ORDER Class I Administrative Penalty Proceeding under Section 309(g) of the Cleon Water Act, 33 U.S.C. 1319{g), and 40 C.F.R. 22.13(b) and 22.18 CONSENT AGREEMENT AND FINAL ORDER I. PRELIMINARY STATEMENT 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 Clean Water Act (the Act), 33 U.S.C. 1319(g). This CAFO, which contains the elements of a complaint required by 40 C.F.R. 22.14(a), is issued to simultaneously commence and conclude this proceeding to assess a Class I civil penalty in accordance with 40 C.F.R. 22.13(b) and 22.18(b)(2) and (3), as described in the "Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/fermination or Suspension of Permits.n 2. The EPA and Respondent (Parties) agree that settlement of the 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 herein. 3. Respondent admits the jurisdictional allegations herein; however, Respondent neither admits nor denies the specific Findings of Fact and Conclusions of Law contained in thi.s CAFO. In the Matter of City of Las Vegas, NM, Docket No. CWA-06-2025-1740 Page2 4. Respondent expressly waives any right to contest the factual allegations or conclusions of law contained in this CAFO and In this proceeding and waives its right to appeal the Final Order set forth herein. By signing this consent agreement, Respondent waives any rights or defenses that Respondent has or may have for this matter to be resolved in federal court, including but not limited to any right to a jury trial, and waives any right to challenge the lawfulness of the final order accompanying the consent agreement. 5. Before the taking of any testimony, and without adjudication of any issue of law or fact, the Parties agree to the terms of this 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 6. Respondent is a municipality chartered under the laws of the State of New 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), and 40 C.F.R. 122.2. 7. At all times relevant to this action (all relevant times), Respondent owned or operated a municipal wastewater treatment plant (WWTP) located at 905 12th Street, Las Vegas, NM 87701, and was therefore, an "owner or operator'' within the meaning of 40 C.F.R. 122.2. 8. At all relevant times, the facility acted as a "point source" of a "discharge" of " pollutants" with its final wastewater discharge directly to the Gallinas River, Segment No. 20.6.4.220, of the Pecos River Basin which is a "water of the United States," within the meaning of Section 502 of the Act, 33 U.S.C. 1362, and 40 C.F.R. 122.2. In the Matter of City of Las Vegas, NM, Docket No. CWA-06-2025-1740 Page3 9. Because Respondent owned or operated a facility that acted as a point source of a discharge of pollutants to waters of the United States, Respondent and the facilities were subject to the Act and the National Pollutant Discharge Elimination System (NPDES) program. 10. Section 301(a) of the CWA, 33 U.S.C. 1311(a), makes it unlawful for a person to discharge pollutants from a point source into waters ofthe United States, except as authorized and in compliance with an NPDES permit issued pursuant to CWA Section 402, 33 U.S.C. 1342. 11. Respondent applied for and was issued NPDES Permit No. NM0028827 (permit) under Section 402 of the Act, 33 U.S.C. 1342, with an effective date of December 1, 2022. At all relevant times, Respondent was authorized to discharge pollutants from the facility to waters of the United States only in compliance with the specific terms and conditions of the permit'. 12. Part I.A of the permit (Limitations and Monitoring Requirements) requires Respondent to sample and test its effluent and monitor its compliance with permit conditions according to specific procedures to determine the facility's compliance or noncompliance with the permit and applicable regulations. Parts I.C and I.D of the permit also require Respondent to file with EPA certified Discharge Monitoring Reports (DMRs) of the results of monitoring, and Overflow Reports when appropriate. 13. Part 111.B.3 of the permit requires Respondent to properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by Respondent as efficiently as possible and in a manner which will minimize upsets and discharges of excessive pollutants and will achieve compliance with the conditions of the permit. 14. Part 111.A.2 of the permit states that Respondent has a duty to comply with all conditions of the permit, and that any permit noncompliance constitutes a violation of the Act. In the Matter of Oty of Las Vegas, NM, Docket No. CWA-06-2025-1740 Page4 15. Certified DMRs filed by Respondent with EPA in compliance with the permit show discharges of pollutants from the facility that exceed the permitted effluent limitations established in the permit, as specified in Attachment A, which is incorporated herein by reference, in violation of Part I.A of the permit and Section 301 of the Act, 33 U.S.C. 1311. 16. Non-compliance Reports filed by Respondent with EPA in compliance with the permit show that on eight occasions from December 2024 through May 2025, Respondent has released in total approximately 10,969,996 gallons of untreated or partially treated sewage from its wastewater treatment plant as specified in Attachment B, which is incorporated herein by reference. Such unauthorized discharges from the WWTP were the result of a hydraulic overload(s) that caused wastewater solids to overflow through the effluent discharge and into the Gallinas River. 17. Each day of each discharge that failed or fails to comply with any effluent limitation in Respondent's permit is a separate violation of the permit. 18. Each day of each unauthorized discharge caused by Respondent's fallure to properly operate and maintain its facility constitutes a separate violation of Part 111.B.3 of the permit. 19. Each unauthorized discharge referenced in Paragraph 17 is a violation section 3O1(a) of the CWA, 33 U.S.C. 1311(a). 20. Under Section 3O9(g)(2)(A) of the Act, 33 U.S.C. 1319(g)(2)(A), Respondent is liable for a Class I civil penalty in an amount not to exceed $27,378 per violation up to a maximum of $68,445. 21. Pursuant to Section 3O9(g)(4) of the CWA, 33 U.S.C. 1319(g)(4), and 40 C.F.R. 22.45(b), this Consent Agreement is subject to public notice and comment prior to issuance of the proposed Final Order. Complainant reserves the right to withhold or withdraw consent of this Consent Agreement if public comments disclose relevant and material information that was not considered by Complainant In the Matter of City of Las Vegas, NM, Docket No. CWA-06-2025-1740 PageS in entering into this Consent Agreement. Respondent may withdraw from this Consent Agreement only upon receipt of written notice from EPA that it no longer supports entry of this Consent Agreement. Ill, TERMS OF SETTLEMENT PENALTY PROVISIONS 22. Based on the foregoing Findings of Fact and Conclusions of Law, EPA Region 6, considering the relevant criteria pursuant to Section 309(g)(3) of the Act, 33 U.S.C. 1319(g)(3), and acting pursuant to the authority of Section 309(g) of the Act, 33 U.S.C. 1319(g), hereby orders that Respondent shall pay to the United States a civil penalty in the amount of thirty three thousand six-hundred dollars ($33,600) to settle the violations as alleged in this CAFO, in accordance with 40 C.F.R. 22.18(c). 23. Respondent agrees to pay a civil penalty in the amount of $33,600 (Assessed Penalty) within thirty (30) days after the date the Final Order ratifying this Agreement is filed with the Regional Hearing Clerk (Filing Date). 24. Respondent shall pay the Assessed Penalty and any interest, fees, and other charges due using any method, or combination of appropriate methods, as provided on the EPA website: https://www.epa.gov/financial/ makepayment. For additional instructions see: https://www.epa.gov/financial/additional-instructions-making-payments-epa. However, for any payments made after September 30, 2025, and in accordance with the March 25, 2025 Executive Order on Modernizing Payments To and From America's Bank Account, Respondent shall pay using one of the electronic payments methods llsted on EPA's How to Make a Payment website and will not pay with a paper check. 25. When making a payment, Respondent shall: a. Identify every payment with Respondent's name and the docket number of this Agreement, Docket No. CWA-06-2025-1740, In the Matter of City of las Vegas, NM, Docket No. CWA-06-2025-1740 Page 6 b. Concurrently with any payment or within 24 hours of any payment, Respondent shall serve proof of such payment to the following person(s): Lorena Vaughn Regional Hearing Clerk (ORCD) U.S. EPA, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270-2102 vaughn.lorena@epa.gov Roberto Bernier Section Chief, Municipal/Industrial Wastewater Section (ECDWM) U.S. EPA, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270-2102 bernier.roberto@epa.gov Kristine Talbot Manager, Water Legal Branch (ORCEW) U.S. EPA, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270-2102 talbot.kristine@epa.gov and U.S. Environmental Protection Agency Cincinnati Finance Center Via electronic mail to: CINWD_AcctsReceivable@epa.gov "Proof of payment" means, as applicable, a copy of the check, confirmation of credit card or debit card payment, or confirmation of wire or automated clearinghouse transfer, and any other information required to demonstrate that payment has been made according to EPA requirements, in the amount due, and identified with the appropriate docket number and Respondent's name. In the Matter of City of Las Vegas, NM, Docket No. CWA-06-2025-1740 Page7 26. Interest, Charges, and Penalties on Late Payments. Pursuant to 33 U.S.C. 1319(g)(9), 31 U.S.C. 3717, 31 C.F.R. 901.9, and 40 C.F.R. 13.11, if Respondent fails to timely pay any portion of the Assessed Penalty, interest, or other charges and penalties per this Agreement, the entire unpaid balance of the Assessed Penalty and all accrued interest shall become immediately due and owing, and the EPA is authorized to recover the following amounts. a. Interest. Interest begins to accrue from the Filing Date. If the Assessed Penalty is paid in full within thirty (30) days, interest accrued is waived. If the Assessed Penalty is not paid in full within thirty (30) days, interest will continue to accrue until the unpaid portion of the Assessed Penalty as well as any interest, penalties, and other charges are paid in full. Interest will be assessed at prevailing rates, per 33 U.S.C. 1319(g)(9). The rate of interest is the IRS standard underpayment rate. b. Handling Charges. The United States' enforcement expenses including, but not limited to, attorneys' fees and costs of collection proceedings. c. Late Payment Penalty. A twenty percent (20%) quarterly non-payment penalty. 27. Late Penalty Actions. In addition to the amounts described in the prior Paragraph, if Respondent fails to timely pay any portion ofthe Assessed Penalty, interest, or other charges and penalties per this Agreement, the EPA may take additional actions. Such actions the EPA may take include, but are not limited to, the following. a. Refer the debt to a credit reporting agency or a collection agency, per 40 C.F.R. 13.13 and 13.14; b. Collect the debt by administrative offset (i.e., the withholding of money payable by the United States government to, or held by the United States government for, a person to satisfy the debt In the Matter of City of Las Vegas, NM, Docket No. CWA-06-2025-1740 Pages the person owes the United States government), which includes, but is not limited to, referral to the Internal Revenue Service for offset against' income tax refunds, per 40 C.F.R. Part 13, Subparts C and H. c. Suspend or revoke Respondent's licenses or other privileges or suspend or disqualify Respondent from doing business with the EPA or engaging in programs the EPA sponsors or funds, per 40 C.F.R. 13.17. d. Request that the Attorney General bring a civil action in the appropriate district court to recover the full remaining balance of the Assessed Penalty, in addition to interest and the amounts described above, pursuant to 33 U.S.C. 1319(g)(9). In any such action, the validity, amount, and appropriateness of the Assessed Penalty shall not be subject to review. 28. Allocation of Payments. Pursuant to 31 C.F.R. 901.9(f) and 40 C.F.R. 13.ll(d), a partial payment of debt will be applied first to outstanding handling charges, second to late penalty charges, third to accrued interest, and last to the principal that is the outstanding Assessed Penalty amount. 29. Tax Treatment of Penalties. Penalties, interest, and other charges, paid pursuant to this Agreement shall not be deductible for purposes of federal taxes. IV. GENERAL PROVISIONS 30. The EPA and Respondent agree to the ~se of electronic signatures for this matter. EPA and Respondent further agree to electronic service of this CAFO by email to the following addresses: To EPA: henson.tucker@epa.gov and mccabe.kerri@epa.gov To Respondent: mayor@lasvegasnm.gov 31. Issuance of this CAFO does not relieve Respondent from responsibility to comply with all requirements of the Act and the requirements of any permits Issued thereunder, as described in Section 309(g)(7) of the Act, 33 U.S.C. 1319(g)(7), nor does it constitute a waiver by the EPA of its In the Matter of City of Las Vegas, NM, Docket No. CWA-06-2025-1740 Page 9 right t o enforce complia nce with the requirements of Respondent's permits or other requi rements of the Act by actions pursuant to Section 309 of the Act, 33 U.S.C. 1319. 32. The provisions of this CAFO shall be binding upon Responden t, its officers or officials, managers, employees, and their successors or assigns, in their capacity on beha lf of Respondent. 33. Each party agrees to bear its own costs and attorneys' fees in this matter, except to the extent that Respondent may be responsible for reasonable costs and expenses of enforcement and collection proceedings for fa ilure to comply with the terms of this CAFO. 34. Each undersigned representative of the Parties to this agreement certifies that he or she is fully auth orized by the party represented to enter into the terms and conditions of th is agreement and to exe cute and lega lly bind that party to it. 36. The effective date of this_CAFO is the date when the CAFO is filed with the Regio nal Hearing Clerk. In recogniti on and acceptance of the foregoing : Honora ble David Romero Mayor, City of las Vegas ~ Digitally signed by BRYANT SMALLEY Date: 2025.11.21 09:27:49 -06'00' Bryant Smalley Chief Wate r Enforcement Branch Date 11/21/2025 Date In the Matter of City of Las Vegas, NM, Docket No. CWA-06-2025-1740 Page 10 FINAL ORDER Pursuant to the Consolidated Rules of Practice Governing the Adm inistrative Assessment of Civil Penalties, 40 C.F.R. Part 22, the foregoing Consent Agreement is hereby ratified. This Final Order shall not in any case affect the right of EPA or the United States to pursue appropriate injunctive or other equitable relief or criminal sanctions for any violations of law. This Final Order shall resolve only those causes of action alleged in the Complaint. Nothing in this Final Order shall be construed to waive, extinguish, or otherwise affect Respondent's (or its officers', agents', servants', employees', successors', or assigns') obligation to comply with all applicable federal, state, and local statutes and regulations, including the regulations that were the subject of this action. Respondent is ordered to comply with the terms of settlement and the civil penalty payment instructions as set forth in the Consent Agreement. Pursuant to 40 C.F.R. 22.3l(b), this Final Order shall become effective upon filing with the Regional Hearing Clerk. J lssuanceDate, ~ / j 1pm ~{v;, ,L___ Cheryll~ er, D~ctor Enforcement and Compliance Assurance Division In the Matter of City of Las Vegas, NM, Docket No. CWA-06-2025-1740 Page 11 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Consent Agreement and Final Order was filed with the Regional Hearing Clerk, U.S. EPA - Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102, and that a true and correct copy wa$ sent on this day in the following manner to the email addresses: Copy via Email to Complainant - Delivery Receipt Requested talbot.kristine@epa.gov Copy via Email to Respondent - Delivery Receipt Requested Honorable David Romero Mayor, City of Las Vegas 1700 North Grand Avenue Las Vegas, New Mexico 87701 mayor@lasvegasnm.gov Dated: / -/l/- ;}Oc:20 Attachment A City of Las Vegas WWTP NPDES Permit ID No. NM0028827 Jul-23 Jul-23 Jul-23 Jul-23 Aug-23 Aug-23 Aug-23 Aug-23 Aug-23 Sep-23 Oct-23 Oct-23 Oct-23 Oct-23 Oct-23 Oct-23 Nov-23 Nov-23 Nov-23 Dec-23 Dec-23 Dec-23 Oec-23 Dec-23 Dec-23 Dec-23 Jan-24 Jan-24 Jan-24 Jan-24 Aluminum Aluminum Aluminum Chlorine, total residual Aluminum Aluminum Chlorine, total residual Nitrogen, ammonia total [as NJ Oxygen, dissolved [DO] Chlorine, total residual Aluminum Aluminum Aluminum Chlorine, total residual Oxygen, dissolved [DO] pH Aluminum Aluminum Chlorine, total residual Aluminum Aluminum Aluminum Aluminum, total recoverable Chlorine, total residual Oxygen, dissolved [DO] pH Aluminum Aluminum Aluminum Chlorine, total residual 30DAAVG DAILYMX DAILYMX INST MAX 30DAAVG DAILYMX INST MAX DAILY MX MOMIN INST MAX 30DAAVG DAILYMX DAILY MX INST MAX MOMIN MINIMUM 30DAAVG DAILYMX INST MAX 30DAAVG 30DAAVG DAILYMX DAILYMX INST MAX MOMIN MINIMUM 30DAAVG DAILY MX DAILY MX INST MAX 66.37 2.076 99.55 11 66.37 99.55 11 6 6 11 66.37 2.076 99.55 11 6 6.6 66.37 99.55 11 1.38 66.37 2.076 99.55 11 6 6.6 66.37 2.076 99.55 11 96 2.37 150 50 82.077 130 40 45% 14% 51% 355% 24% 31% 264% 7.8 30% 4.83 40 135.33 3.19 260 30 3.42 6.58 95 140 50 2.136 308.667 14.598 20% 264% 104% 54% 161% 173% 43% 0% 43% 41% 355% 55% 365% 603% 2300 so 2.16 6.45 91.533 2.208 310 so 2210% 355% 178% 2% 38% 6% 211% 355% ug/l lb/d ug/l ug/L ug/l ug/l ug/L mg/L mg/l ug/L ug/L lb/d ug/L ug/L mg/L SU ug/L ug/L ug/l lb/d ug/L lb/d ug/L ug/L mg/L SU ug/L lb/d ug/L ug/L Feb-24 Mar-24 Mar-24 Mar-24 Mar-24 Mar-24 Mar-24 Apr-24 Apr-24 May-24 May-24 May-24 May-24 May-24 Jun-24 Jun-24 Jun-24 Jun-24 Jun-24 Jun-24 Jun -24 Jun-24 Jun-24 Oct-24 Nov-24 Dec-24 Dec-24 Jan-25 Jan-25 Feb-25 Feb-25 Feb-25 Feb-25 Aluminum Aluminum Aluminum Aluminum Aluminum Oxygen, dissolved (DO] pH Aluminum pH Aluminum Aluminum Aluminum Oxygen, dissolved [DO) Solids, total suspended Aluminum Aluminum Aluminum Aluminum Chlorine, total residua l Oxygen, dissolved [DO) pH Solids, total suspended Solids, total suspended Chlorine, total residual Chlorine, total residual Chlorine, total residual Oxygen, dissolved [DO) E.coli Solids, total suspended Solids, suspended percent removal Solids, total suspended Solids, total suspended Solids, total suspended DAILYMX 30DAAVG 30DAAVG DAILY MX DAILYMX MOMIN MINIMUM DAILYMX MINIMUM 30DAAVG DAllYMX DAILYMX MOMIN 7DAAVG 30DAAVG 30DAAVG DAILYMX DAILY MX INST MAX MOMIN MINIMUM 7 DA AVG 7 DA AVG INST MAX INST MAX INST MAX MOMIN DAILVMX 7 DA AVG MOAVMN 30DAAVG 7DAAVG 7DAAVG 99.55 1.38 66.37 2.076 99.55 6 6.6 99.55 6.6 66.37 2.076 99.55 6 45 1.38 66.37 2.076 99.55 11 6 6.6 939 45 11 11 11 6 410 45 85 30 939 45 150 12.292 1456.75 118.511 14000. 5.9 6.3 120. 6.37 88.69 2.491 290 5.86 59.2 3.95 335.5 33.643 2900. 30 1.66 6.51 1672.4 73 60 20 280 3.5 2400 53.3 51% 791% 2095% 5609% 13963% -2% -5% 21% -3% 34% 20% 191% 2% 32% 186% 405% 1521% 2813% 173% 72% 1% 78% 62% 445% 82% 2445% 42% 485% 18% ug/L lb/d ug/l lb/d ug/l mg/l SU ug/l SU ug/l lb/d ug/l mg/l mg/L lb/d ug/L lb/d ug/L ug/L mg/L SU lb/d mg/L ug/L ug/L ug/l mg/L CFU/lOOml mg/L 75 12% % 50.6 2214.5 185.S 69% 136% 312% mg/L lb/d mg/L Mar-25 Mar-25 Mar-25 Mar-25 Apr-25 Apr-25 Jun-25 Jun-25 Jun-25 Jun-25 Jun-25 Aluminum Aluminum E.coli Oxygen, dissolved [DO) Aluminum Oxygen, dissolved [DO] BOD, 5-day, 20 deg. C BOD, 5-day, 20 deg. C BOD, 5-day, 20 deg. C BOD, 5-day, 20 deg. C BOD, 5-day, percent removal DAILYMX DAILYMX DAILYMX MOMIN DAILYMX MOMIN 30DAAVG 30DAAVG 7DAAVG 7 DA AVG MOAVMN 2.076 99.55 410 6 99.55 6 417 20 542 26 85 2.8 290 577 3.92 130 2.8 443 .2 47.5 994.9 100 57 35% 191% 41% 35% 31% 53% 6% 138% 84% 285% 33% lb/d ug/L CFU/lOOmL mg/L ug/L mg/L lb/d mg/L lb/d mg/L % Attachment B City of Las Vegas WWTP NPDES Permit ID No. NM0028827 C, Ovedlew Dale v..... 8801-,.ct cause f J 12/3/2024 416,666 Gallinas River 1/3/2025 to 1/6/2025 4,700,000 Gallinas River 1/13/2025 520,000 Gallinas River 1/17/2025 800,000 3/10/2025 500,000 3/29/2025 500,000 4/12/2025 333,330 5/6/2025 to 5/8/2025 3,200,000 Total volume= 10,969,996 gallons Gallinas River Gallinas River Hydraulic overload caused solids to overflow through ttie effluent discharge and into the Gallinas River. I I Gallinas River I I I Gallinas River I I Gallinas River I -I