Document LpeeN3n07nJjJrr5d2ZZDn3qd

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TEXAS 75202-2733 l!fj 1 9 201~ CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7005 1820 0003 7458 2130 Danny Legarreta Operations Manager Southwest New Mexico Regional Landfill 318 Ridge Road Silver City, NM 88061 Re: Administrative Order; Docket Number: CWA-06-20 18-1784 NPDES Facility Number: NMUOO 1958 Dear Mr. Legarreta: Enclosed is an Administrative Order (AO) issued to Southwest New Mexico Regional Landfill for violation of the Clean Water Act (CWA) 33 U.S.C. 1251-1387. The violation was identified during a January 17, 2018 inspection of your indushial facility located in Silver City, New Mexico. The inspection was conducted by the New Mexico Enviromnent Department on behalf of the Enviromnental Protection Agency, Region 6 (EPA). The violation stems from four rain events of one-half inch or greater at the site, which resulted in a discharge of pollutants from the site into waters of the United States in violation of Section 301 of the CWA. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within thirty days of receipt of this AO. The AO also contains other compliance deadlines and specified infmmation. 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-06-20 18-1784 and NPDES Facility Number NMUOO 1958 on your response. If you have any questions, please contact Ms. Stephanie Meyers, of my staff, at (214) 665-6496. Sincerely, Enclosure Cheryl T. Seager Director Compliance Assurance and Enforcement Division Rc: Administrative Order 2 Southwest New Mexico Regional Landfill ec: Ms. Shelly Lemon Bureau Chief Surface Water Quality Bureau New Mexico Environment Department shelly.lemon@state.nm.us Ms. Sarah Holcomb Program Manager Point Source Regulation Section New Mexico Environment Department sarah.holcomb@state.nm. us Ms. Jennifer Foote Industrial and Storm Water Team Supervisor New Mexico Environment Department je1mifer.Foote@state.nm.us UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 1445 Ross Avenue, Suite 1200, Dallas, TX 75202 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2018-1784; NPDES Facility Number: NMU001958 STATUTORY AUTHORITY The following findings are made, and Order issued, under the 7. During the time period of January 17, 2017, to January 17, authority vested in the Administrator of the United States . 2018, there were four rainfall events of one-half inch or greater Enviromnental Protection Agency ("EPA"), by Section 309(a) of at the facility resulting in unauthorized discharges of pollutants the Clean Water Act ("Act"), 33 U.S.C. 1319(a). The from the facility. Unauthorized discharges fiom the facility are a Administrator of EPA delegated the authority to issue this Order violation of Section 301 of the Act, 33 U.S.C. 1311. to the Regional Administrator of EPA Region 6, who delegated this authority to the Director of the Compliance Assurance and SECTION 309(a)(3) COMPLIANCE ORDER Enforcement Division. Based on these findings and pursuant to the authority of FINDINGS Section 309(a)(3) of the Act, 33 U.S.C. 1319(a)(3), EPA orders that Respondent take the following actions upon receipt 1. Southwest New Mexico Regional Landfill ("Respondent") of this Order: is a "person," as defined by Section 502(5) of the Act, 33 U.S.C. 1362(5). A. Within thirty (30) days ofthe effective date of this Order, Respondent shall develop and implement a site-specific Storm 2. At all times relevant to the violation alleged herein, Water Pollution Prevention Plan ("SWPPP") and apply for Respondent owned or operated a Landfill Facility at Southwest NPDES permit coverage, either by filing an individual permit New Mexico Regional Landfill located at 318 Ridge Road, Silver application or an NOI to be covered by an applicable NPDES City, Grant County, New Mexico ("facility") and was, therefore, general permit for discharges fiom the facility. Respondent shall an "owner or operator" withinthe meaning of 40 C.F.R. 122.2. cease and prevent all unpe1mitted discharges from the facility. The NOI should be submitted by one of the following methods: 3. At all times relevant to this Order, the facility acted as a "point source" of a "discharge" of "pollutants" to the receiving I) By regular mail to: waters ofthe Graveyard Draw, thence to the San Vincente Arroyo Stmm Water Notice Processing Center and Mimbres River Closed Basin in segment 20.6.4.98, which is U.S. EPA, MC 4203M considered a "water of the United States," as defmed by 1200 Pennsylvania Avenue, NW 40 C.P.R. 122.2. As a result, Respondent and the facility were Washington, D.C. 20460 subject to the Act and the National Pollutant Discharge Elimination System ("NPDES") program. 2) By overnight/express mail to: Stmm Water Notice Processing Center 4. The facility is considered an industry under 40 C.P.R. U.S. EPA, Room 7420 122.26(b)(14)(iii), operating in Sector L under Standard 1201 Constitution Ave., NW Industrial Code ("SIC") 4953 Refuse Systems, and is subject to Washington, D.C. 20004 the General Permit for Stmm Water Discharges Associated with Industrial Activity issued by EPA on June 4, 2015. 3) Via the internet at: https://www.era. gov/npdes/stormwater-discharges-industrial- 5. On January 17, 2018, the facility was inspected by the New activities#overview. Mexico Environment Department on behalf of EPA. As a result of this inspection, the facility was found to be in violation of For a status update on your NOI, call the NOI Center at (866) Section 301 ofthe Act, 33 U.S.C. 1311. 352-7755. 6. According to the EPA eNOI database that records all applications for storm water general permit coverage, Respondent did not submit a Notice oflntent ("NOI") for permit coverage for its activities at the facility, and was not covered by an NPDES permit at the relevant times for the relevant activities. B. Respondent shall simultaneously forward a certified copy of the SWPPP and eNOl application to EPA at the following address: Docket No. CWA-06-2018-1784 Page 2 Ms. Stephanie Meyers The effective date of this Order is the date it is received by Water Enforcement Branch (6EN-WS) Respondent. EPA, Region 6 1445 Ross Ave., Suite 1200 Dallas, TX 75202-2733 Date/ ' C. Any other information or conespondence submitted by Respondent to EPA under this Order shall also be fmwarded to .-- {. the above address. ' ( ( \,) .. ~~~~~~---------- D. Within thirty (30) days of the effective date of this Order, Che1yl T. Seager Respondent shall submit a written certification of compliance to Director EPA, Region 6. Compliance Assurance and Enforcement Division 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. Issuance of this Section 309(a)(3) Compliance Order and the Section 308 Information Demand 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 nnder 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. Compliance with the terms and conditions of this Order does not relieve Respondent of its obligation to comply with all applicable federal, state, or local laws or regulations.