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REGION 6 DALLAS, TX 75270 April 29, 2025 TRANSMITTED VIA E-MAIL The Honorable Greggory D. Hull, Mayor, City of Rio Rancho 3200 Civic Center Circle NE Rio Rancho, NM 87144 ghull@rrnm.gov RE: Administrative Order; Docket Number: CWA-06-2025-1739 NPDES Permit Number: NM0027987 Dear Mayor Hull: Enclosed is an Administrative Order (AO) issued to the City of Rio Rancho for violations of the Clean Water Act (CWA), 33 U.S.C. 1251 et seq. Violations were identified during a review of the permit file, Noncompliance Reports, and Discharge Monitoring Reports submitted for the Rio Rancho Wastewater Treatment Facility. The violations alleged are for failure to meet permit effluent limitations and unauthorized discharges. The United States Environmental Protection Agency (EPA) requests that you immediately confirm receipt of this e-mail and the attached order by a response e-mail to mcelroy.damon@epa.gov. The AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is included in the Schedule of Activities Table within the AO. EPA is committed to ensuring compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) program and my staff will assist you in any way possible. Please reference AO Docket Number CWA-06-2025-1739 and NPDES Permit Number NM0027987 on your response. If you have any questions, please contact Mr. Damon McElroy, P.E. of my staff, at (214) 6657159 or mcelroy.damon@epa.gov. Sincerely, Digitally signed by CHERYL SEAGER Date: 2025.04.2914:27:47 --05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure ec: shelly.lemon@env.nm.gov susan.lucaskamat@env.nm.gov UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2025-1739; TPDES Permit Number: NM0027987 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), 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 delegated this authority to the Director of the Enforcement and Compliance Assurance Division. FINDINGS 1. The City of Rio Rancho (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. 2. At all times relevant to this Order (all relevant times), Respondent owned or operated a wastewater treatment plant (WWTP), located at 101 Industrial Park Loop, Rio Rancho, Sandoval County, New Mexico (facility), and was, therefore, an "owner or operator" within the meaning of 40 C.F.R. 122.2. 3. At all relevant times, the facility acted as a "point source" of a "discharge" of "pollutants" with its wastewater discharge to the receiving water named the Rio Grande River in Segment 20.6.4.106 of the Middle Rio Grande 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. 4. 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. 7. Respondent applied for and was issued NPDES Permit No. NM0027987 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which became effective on August 1 ,2021 and expires on July 31, 2026. 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. 8. 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. The permit, in Part I.C, also requires Respondent to file with EPA, certified Discharge Monitoring Reports (DMRs) of the results of monitoring, and Noncompliance Reports when appropriate. 9. The permit contains "Final Effluent Limits" that place certain limitations on the quality and quantity of effluent discharged by Respondent. The relevant discharge limitations are specified in Attachment A, which is incorporated herein by reference. 10. 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 B, which is incorporated herein by reference. 11. Sanitary Sewer Overflow reports filed by the Respondent with EPA in compliance with the permit show unauthorized discharges. These discharges are specified in Attachment C. 12. Each instance in which Respondent discharged pollutants to waters of the United States in amounts exceeding the effluent limitations contained in the permit was a violation of the permit and Section 301 of the Act, 33 U.S.C. 1311. 5. Under Section 301 of the Act, 33 U.S.C. 1311, it is unlawful for any person to discharge any pollutant from 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. SECTION 309(a)(3) COMPLIANCE ORDER 13. Based on the foregoing Findings and pursuant to the authority of Section 309(a)(3) of the Act, 33 U.S.C. 1319(a)(3), EPA hereby orders Respondent to take the following action: 6. 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 permit. A. Respondent shall complete the following Schedule of Activities Table to achieve compliance with the requirements of the Act. Docket No. CWA-06-2025-1739 Page 2 of 2 Schedule of Activities Table: Project 1: Lift Station 22 and Force Main Improvements to prevent sanitary sewer overflows. Project Activity Completion Date D. Any information or correspondence submitted by Respondent to EPA under this Order shall be submitted, via email, to the following: Design ROW, Award Contract, and Start June 30, 2026 construction. Mr. Damon McElroy, P.E. mcelroy.damon@epa.gov 75% construction completion. April 30, 2027 Complete lift station and force main project, start-up, and contingencies. July 31, 2027 Project 2: Wastewater Treatment Plant expansion to improve water quality discharged to the Rio Grande River. GENERAL PROVISIONS Respondent may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706. Project Activity Completion Date Design Construction Plans December 31, 2027 Award Contract and Start construction. June 30, 2028 75% construction completion. Complete new WWTP MBR or equivalent expansion project. December 31, 2030 May 31, 2031 B. In addition to the Project Reports specified in the table above, within forty-five (45) days after the completion date for each Project Activity, Respondent shall submit a Project Completion Report to EPA outlining the project status that shall contain the following information: 1) a detailed description of the Project as implemented; 2) certification that the Project has been fully implemented pursuant to the provisions of this Order; 3) explanation for delays, if applicable, and proposed remedial actions. Issuance of this Section 309(a)(3) Compliance Order shall not be deemed an election by EPA to waive any administrative, judicial, civil, or criminal action to seek penalties, fines, or other relief under the Act for the violations cited herein, or other violations that become known to EPA. EPA reserves the right to seek any remedy available under the law that it deems appropriate. Failure to comply with this Section 309(a)(3) Compliance Order or the Act may result in further administrative action, or a civil judicial action initiated by the United States Department of Justice. This Order does not constitute a waiver or modification of the terms or conditions of Respondents NPDES permit, which remain in full force and effect. Compliance with the terms and conditions of this Order does not relieve Respondent of its obligation to comply with any applicable federal, state, or local law or regulation. The effective date of this Order is the date it is received by Respondent. C. In the Project Completion Report submitted to EPA pursuant to this Order, Respondent shall, by its officers, sign and certify under penalty of law that the information contained in such report is true, accurate, and not misleading by signing the following statement: April 29, 2025 Date Digitally signed by CHERYL SEAGER Date: 2025.04.29 14:28:49 -05 '00' I certify under penalty of law that I have examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment. Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Attachment A City of Rio Rancho WWTP NPDES Permit ID No. NM0027987 Effluent Characteristic Outfall: 001 E. coli O&G Ammonia Nitrogen Outfall: 601 Chlorine, total residual Ammonia Nitrogen Outfall: CC01 (calculated combined discharge) O&G Discharge Limitations 30-day Average 47 CFU/100mL 10 mg/L --30-day Average ----30-day Average 684 lb/d Daily Max. 88 CFU/100mL 15 mg/L 2.14 mg/L Daily Max. 11 ug/L 2.14 mg/L Daily Max. 1,026 lb/d Attachment B City of Rio Rancho WWTP NPDES Permit ID No. NM0027987 Monitoring Period End Date 05/31/2022 06/30/2022 08/31/2022 09/30/2022 10/31/2022 11/30/2022 11/30/2022 11/30/2022 01/31/2023 02/28/2023 02/28/2023 06/30/2023 06/30/2023 09/30/2023 10/31/2023 01/31/2024 03/31/2024 04/30/2024 07/31/2024 09/30/2024 12/31/2024 12/31/2024 01/31/2025 01/31/2025 02/28/2025 Outfall Parameter Desc ID Monitoring Units Permit DMR Limit Value 601 001 001 001 001 001 001 CC01 001 001 001 001 601 001 001 601 001 001 001 001 001 601 001 001 601 Chlorine, total residual E. coli E. coli E. coli E. coli O&G O&G O&G E. coli Chlorine, total residual E. coli E. coli Chlorine, total residual E. coli E. coli Chlorine, total residual E. coli E. coli E. coli E. coli E. coli Ammonia Nitrogen E. coli Ammonia Nitrogen Chlorine, total residual INST MAX DAILY MX DAILY MX DAILY MX DAILY MX 30DA AVG DAILY MX DAILY MX DAILY MX INST MAX DAILY MX DAILY MX INST MAX DAILY MX DAILY MX INST MAX DAILY MX DAILY MX DAILY MX DAILY MX DAILY MX DAILY MX DAILY MX DAILY MX INST MAX ug/L CFU/100mL CFU/100mL CFU/100mL CFU/100mL mg/L mg/L lb/d CFU/100mL ug/L CFU/100mL CFU/100mL ug/L CFU/100mL CFU/100mL ug/L CFU/100mL CFU/100mL CFU/100mL CFU/100mL CFU/100mL mg/L CFU/100mL mg/L ug/L 11 88 88 88 88 10 15 1,026 88 11 88 88 11 88 88 11 88 88 88 88 88 2.14 88 2.14 11 14 1,011 2,420 2,420 154 11 38 1,497 108 18 579 115 45 114 110 96 137 135 2,076 101 93 3.7 1,046 2.8 218 Attachment C City of Rio Rancho WWTP NPDES Permit ID No. NM0027987 Volume Date (Gal.) Description Location 10/7/2022 10/6/2022 8/27/2022 400 200 2,000 7/15/2022 1,200 7/5/2022 600 11/18/2022 400 2/25/2023 200 6/4/2023 200 7/6/2023 10,000 Force Main at NM 528 and Honduras Ground Lift Station #10 (NM 528 and Pinehurst) Ground Lift Station #15 (1385 Hwy 528) WWTP #5 - Lift Station #25 (3651 Hanley Rd. NE) Ground Ground NM 528 / Obregon - Lift Station #22 Lift Station #20 pump failed due to blockage causing MH SSO. Lift station #24 power failure caused MH SSO. SSO at Pinetree Street caused by tree roots (blockage). Lift Station #15 power failure caused SSO. Ground Ground Unnamed arroyo Ground Venada arroyo 5/3/2024 10,000 Lift Station power failure caused SSO. Ground 6/9/2024 1,000 Lift Station #28 failed caused MH SSO. 6/29/2024 3,000 SSO at Lift Station #22 caused by heavy rainfall and flooding. 10/26/2024 12/8/2024 200 168,000 Lift Station #25 SSO caused by control panel failure Force Main to LS #21 leaking caused 168,000-gallon SSO with 72,000 gallons estimated to Rio Grand River. 1/11/2025 150 1/28/2025 100 Force Main leading to the lift station #8 was leaking caused SSO. SSO at lift station #21 due to the force main leaking. Total Volume = 197,650 Gallons Ground Ground Ground Rio Grande (72K Gallons) Ground Ground