Document NGqkee2N2mejbpqObmgr7421V

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TEXAS 75202-2733 December 17, 2012 CERTIFIED MAIL - RETURN RECEIPT REQUESTED: 7007 3020 0002 5102 1608 ' The Honorable Joe Murrieta Mayor, City of Grants P.O. Box 879 Grants, NM 87020 Re: Administrative Order, Docket Number: CWA-06-2013-1729 NPDES Permit Number: NML000006 Dear Mayor Murrieta: Enclosed is an Administrative Order (AO) issued to the City of Grants for violation of the Clean Water Act, 33 U.S.C. 1251 et seq. This violation was identified during our review of your National Pollutant Discharge Elimination System (NPDES) program file. The AO is for failure to submit your annual sludge discharge monitoring report for calendar year 2011, which is a violation of 40 C.P.R. 503.18(a). This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The compliance deadline is within thirty days of receipt of the AO. The Environmental Protection Agency is committed to ensuring compliance with the requirements of the NPDES program, and my staff will assist you in any way possible. Please reference AO Docket Number CWA-06-2013-1729 and NPDES Permit Number NML000006 on your response. If you have any questions, please contact Ms. Nancy Williams, of my staff, at (214) 665-7179. ohnBlevins Director Compliance Assurance and Enforcement Division Enclosure cc: Mr. James Hogan Acting Bureau Chief Surface Water Quality Bureau New Mexico Environment Department P.O. Box 5469 Santa Fe, NM 87502-5469 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 FINDINGS OF VIOLATIONS and ORDER FOR COMPLIANCE Docket Number: CWA-06-2013-1729, NPDES Permit Number: NML000006 STATUTORY AUTHORITY The following fmdings 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 has delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who has further delegated this authority to the Director of the Compliance Assurance and Enforcement Division. FINDINGS 6. Pursuant to 40 C.F.R. 503.18(a), Class I sludge management facilities, POTWs with a design flow rate equal to or greater than one million gallons per day, and POTWs that serve 10,000 people or more, shall submit to EPA an annual sludge monitoring report on February 19th of each year regarding the sludge operations conducted during the previous calendar year, in accordance with 40 C.F.R. 503.17(a). 7. At all relevant times, Respondent operated a POTW with a design flow of at least one million gallons per day. 1. City of Grants ("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, Respondent owned or operated a wastewater treatment plant located in Grants, Cibola 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 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.F.R. 122.2 and 403.3. As a result, Respondent and the facility were subject to the Act and federal regulations governing the use and disposal of domestic sewage sludge set forth at 40 C.F.R. Part 503. 4. Pursuant to the authority of Section 405(d) of the Act, 33 U.S.C. 1345(d), EPA promulgated federal regulations for the use and disposal of sewage sludge, which became effective on February 19, 1994. These regulations are specified at 40 C.F.R. Part 503 and consist of general requirements, pollutant limits, management practices, and operational standards for the fmal use or disposal of sewage sludge generated during the treatment of domestic sewage in a treatment works. 5. Pursuant to Section 405(e) of the Act, 33 U.S.C. 1345(e), it is unlawful for any person to dispose of sludge from a POTW or any other type of treatment works treating domestic sewage for any use for which regulations have been established under Section 405(d) of the Act, 33 U.S.C. 1345(d), except in accordance with such regulations. 8. A review of the EPA official files and records which track submittals required under 40 C.F.R. 503.18(a) established that Respondent failed to submit an armual sludge monitoring report for calendar year 2011 to EPA by February 19, 2012. 9. By failing to submit to EPA an armual sludge report for calendar year 2011, the Respondent violated 40 C.F.R. 503.18(a) and Section 405(e) of the Act, 33 U.S.C. 1345(e). ORDER Based on the foregoing Findings and pursuant to the authority of Section 309(a) 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 completed annual sludge monitoring report for sludge operations during calendar year 2011 pursuant to 40 C.F.R. 503.18(a). B. Any information or correspondence submitted by the Respondent to EPA under this Order shall be addressed to the following: Ms. Nancy Williams (6EN-WC) Water Enforcement Branch EPA, Region 6 1445 Ross Ave., Suite 1200 Dallas, TX 75202-2733 Docket No. CWA-06-2013-1729 Page2 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. Section 706, which is set forth at htt;p://uscode.house.gov/download/pls/05C7.txt, states the scope of such review. Issuance of this Order shall not be deemed an election by EPA to forego any administrative or judicial, civil or criminal action to seek penalties, fmes, 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. Failure to comply with this Order or the Act can result in further administrative action, or a civil judicial action initiated by the U.S. Department ofJustice. If the United States initiates a civil judicial action, Respondent will be subject to civil penalties of up to $37,500 per day per violation. This Order does not constitute a waiver or modification of the terms or conditions of the Respondent's NPDES permit, which remain in full force and effect. Compliance with the terms and conditions of this Order does not relieve the 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 the Respondent. ~2. l1' 1C... Date irector Compliance Assurance and Enforcement Division