Document Kz6B4O26adrqkp5dK2nezvRq0

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 September 15, 2021 TRANSMITTED VIA E-MAIL Dr. Bryan Graziano Enchanted Hills Dentistry and Orthodontics 470 NM 528, Suite A Bernalillo, NM 87004 bryan.graziano5@gmail.com Re: Administrative Order, Docket Number: CWA-06-2021-1822 Dental Practitioner: Dr. Bryan Graziano, Enchanted Hills Dentistry and Orthodontics (NMU002019) Dear Dr. Graziano: Enclosed is an Administrative Order (Order) issued by the United States Environmental Protection Agency, Region 6 (EPA) concerning the National Effluent Limitation Guidelines for the Dental Office Point Source Category at 40 CFR 441 which was promulgated July 14, 2017. The Order requires Dr. Bryan Graziano (Respondent) to comply with the provisions set forth in the attached Order. The EPA requests that Respondent immediately confirm receipt of this email and attached Order by a response email to Mike Tillman, tillman.michael@epa.gov. This Order is being issued to Respondent for violations of the Clean Water Act (CWA) 33 U.S.C. 1251-1387. The EPA finds that Respondent has not submitted a One-Time Compliance Report (OTCR) as required by 40 CFR 441.50(a)(1). The Order does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within thirty (30) days of receipt of this Order. EPA is committed to ensuring compliance with the requirements of the national effluent limitation guidelines program, and my staff will assist you in any way possible. Please reference the Administrative Order Docket Number CWA-06-2021-1822 in your response. The EPA acknowledges that the COVID-19 pandemic may impact your operations. If this is the case, please contact us regarding any specific issues you need to discuss. If you need assistance, or have questions regarding this Order, please contact Mike Tillman, of my staff, at 214-665-7531 or tillman.michael@epa.gov. Sincerely, Digitally signed by CHERYL SEAGER DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=CHERYL SEAGER, 0.9.2342.19200300.100.1.1=68001003651793 Date: 2021.09.15 13:01:15 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure Cover Letter - Docket Number CWA-06-2021-1822 Page 2 of 2 ec: Ms. Shelly Lemon Bureau Chief Surface Water Quality Bureau New Mexico Environment Department shelly.lemon@state.nm.us Susan Lucas-Kamat (Acting) Program Manager Point Source Regulation Section Surface Water Quality Bureau New Mexico Environment Department susan.lucaskamat@state.nm.us UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2021-1822; Enchanted Hills Dentistry and Orthodontics - NMU002019 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 such authority to the Director of the Enforcement and Compliance Assurance Division. FINDINGS 1. Dr. Bryan Graziano (Respondent) is a "person," as that term is defined at Section 502(5) of the Act, 33 U.S.C. 1362(5). 2. At all times relevant to the violation alleged herein, Respondent owned or operated Enchanted Hills Dentistry and Orthodontics (facility) located at 470 NM 528, Suite A, Bernalillo, Sandoval County, NM 87004 and was, therefore, a Dental Discharger as defined at 40 C.F.R. 441.20(e). 3. At all times relevant to this Order, the facility acted as a Dental Discharger and as a result, Respondent and the facility were subject to Section 307(d) of the Act and National Effluent Limitation Guidelines (ELG) for the Dental Office Point Source Category at 40 C.F.R. 441. The Dental Office ELG was promulgated July 14, 2017 and required pretreatment standards compliance by July 14, 2020. 4. 40 CFR 441.50(a)(1) requires all existing Dental Dischargers to submit a One-Time Compliance Report (OTCR) to EPA by October 12, 2020. 5. The OTCR must be signed and certified by a responsible corporate officer, a general partner or proprietor if the dental discharger is a partnership or sole proprietorship, or a duly authorized representative in accordance with the requirements of 40 CFR 403.12(l). 6. As of the date of this Order, Respondent has failed to submit the OTCR to EPA in violation of 40 C.F.R. 441.50(a)(1). SECTION 309(a)(3) COMPLIANCE ORDER 7. Based on the foregoing Findings and pursuant to the authority of Section 309(a)(3) of the Act, EPA hereby orders Respondent to take the following action: A. Within thirty (30) days of the effective date of this Order, Respondent shall submit a OTCR to EPA in accordance with 40 C.F.R. 441.50(a)(1). See EPA's OTCR form, included as Attachment A. Respondent shall submit the OTCR to the following EPA representative: Mike Tillman, as listed below. The OTCR may be submitted via email. B. To ask questions or comment on this matter, please contact Mr. Mike Tillman, of my staff, at 214-665-7531 or tillman.michael@epa.gov. C. The OTCR and any information or correspondence submitted by Respondent to EPA under this Order shall be addressed to the following: Mike Tillman U.S. Environmental Protection Agency, Region 6 Water Enforcement Branch (ECD-WM) 1201 Elm Street, Suite 500 Dallas, TX 75270 tillman.michael@epa.gov GENERAL PROVISIONS Issuance of this Section 309(a)(3) Compliance Order shall not be deemed an election by EPA to forego any administrative or judicial, civil, or criminal action to seek penalties, fines, or any other relief appropriate under the Act for the violations cited herein, or other violations that become known. EPA reserves the right to seek any remedy available under the law that it deems appropriate. Respondent may seek federal judicial review of this Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706. Docket Number CWA-06-2021-1822 Page 2 of 2 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. Compliance with the terms and conditions of this Order does not relieve Respondent of its obligations 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. September 15, 2021 Date Digitally signed by CHERYL SEAGER DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=CHERYL SEAGER, 0.9.2342.19200300.100.1.1=68001003651793 Date: 2021.09.15 13:03:00 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division