Document QkQvzgmMeEzE5VD2bDYVyv03o

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 July 1, 2023 TRANSMITTED VIA EMAIL Mr. Kirk Patten Chief of Fisheries Management State of NM Department of Game & Fish One Wildlife Way Santa Fe, NM 87507 kirk.patten@state.nm.us Re: Administrative Order; Docket Number: CWA-06-2023-1778 NPDES Permit Number: NM0030163 Dear Mr. Patten: Enclosed is an Administrative Order (AO) issued to the NM Department of Game & Fish regarding the Glenwood State Fish Hatchery for violations of the Clean Water Act (CWA), (33 U.S.C. 1251-1387). Violations of permit effluent limits were identified from discharge monitoring reports (DMRs) submitted to the Environmental Protection Agency, Region 6 (EPA) for Glenwood State Fish Hatchery. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is thirty days from the effective date of this letter. 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-06-2023-1778 and NPDES Permit Number NM0030163 on your response. If you have any questions, please contact Ms. Rachel Matthews, of my staff, at (214) 665-8589 or at matthews.rachel@epa.gov. Sincerely, Digitally signed by CHERYL SEAGER Date: 2023.07.14 11:37:12 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure e.c. Ms. Shelly Lemon NMED Water Bureau Chief shelly.lemon@env.nm.gov Ms. Susan LucasKamat NMED Surface Water Quality Bureau susan.lucaskamat@env.nm.gov UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 1201 Elm St. Suite 500 Dallas, TX 75270-2102 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2023-1778; Permit Number: NM0030163 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 (herein "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 this authority to the Director of the Enforcement and Compliance Assurance Division. 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. 7. Respondent applied for and was issued NPDES Permit No. NM0030163 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which became effective September 1, 2018. 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. FINDINGS 1. State of New Mexico Department of Game & Fish (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 was authorized to discharge from a fish hatchery located at Catwalk Road, approximately 1 mile northeast of Glenwood in Catron 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 to the San Francisco River in Segment No. 20.6.4.603 in San Francisco 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. 4. Because Respondent owned or operated a facility that is a point source of discharges of pollutants to waters of the U.S., Respondent and the facility were subject to the Act and the National Pollutant Discharge Elimination System (NPDES) program. 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. 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 8. Part I.A. of the permit places 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. 9. The permit also includes "Monitoring and Reporting Requirements" that require Respondent to sample and test its effluent and monitor compliance with permit conditions according to specific procedures, in order to determine the facility's compliance or noncompliance with the permit and applicable regulations. 10. The permit requires Respondent to file certified Discharge Monitoring Reports (DMRs) of the results of monitoring. DMRs filed by Respondent showed discharges of pollutants that exceed the effluent limitations for monitoring periods dated October 2022 through March 2023, as specified in Attachment B, which is incorporated herein by reference. 11. Each violation of the conditions of this permit or regulations described above is a violation of Section 301 of the Act, 33 U.S.C. 1311. SECTION 309(a)(3) COMPLIANCE ORDER 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 the Respondent to take the following actions: A. Immediately take such measures as necessary to comply with all permit conditions no later than (30) days from the effective date of this Order. B. Within thirty (30) days of the effective date of this Order, Respondent shall submit a written report detailing CWA-06-2023-1728 Page | 2 the specific actions taken to correct the violations cited herein and an explanation as to why such actions are anticipated to be sufficient to prevent recurrence of these or similar violations. GENERAL PROVISIONS C. In the event that Respondent believes complete correction of the violations cited herein is not possible within thirty (30) days of the effective date of this Order, Respondent shall, within thirty (30) days of the effective date of this Order, submit a comprehensive written plan for the elimination of the cited violations within the shortest possible time. Such plan shall describe in detail the specific corrective actions to be taken and why such actions are sufficient to correct the violations. The plan shall include a detailed schedule for the elimination of the violations within the shortest possible time, as well as measures to prevent these or similar violations from recurring. D. Any approved compliance schedule will be incorporated into a future administrative order. E. If Respondent would like to arrange a meeting with EPA to discuss the allegations in Section 309 (a)(3) Compliance Order, Respondent should contact EPA within thirty (30) days of the effective date of this Order. The meeting will be held at the Region 6 offices, 1201 Elm St., Dallas, Texas, or through a virtual platform, as appropriate, and Respondent can provide any information it believes is relevant to this Order. Respondent shall submit to EPA all information or materials it considers relevant to EPA at least ten (10) days prior to the meeting. Respondent may seek federal judicial review of this 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 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 Respondent's 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 the Respondent. F. To arrange a meeting, or to ask questions or comment -XO\ on this matter, contact Rachel Matthews at (214) 665-8589. Date G. All information, and/or correspondence, shall be electronically submitted to: Digitally signed by CHERYL SEAGER Date: 2023.07.14 11:35:28 -05'00' Ms. Nancy Williams williams.nancy@epa.gov and Ms. Rachel Matthews matthew.rachel@epa.gov Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Attachment B - CWA-06-2023-1778 Monitoring Period End Date 3/31/2023 3/31/2023 2/28/2023 1/31/2023 12/31/2022 12/31/2022 11/30/2022 10/31/2022 10/31/2022 State of NM Department of Game & Fish Glenwood State Fish Hatchery - NM0030163 Parameter DMR Value Qualifier DMR Value Limit Value Statistical Base Solids, total suspended Solids, total suspended Solids, total suspended Solids, total suspended Solids, total suspended Solids, total suspended Solids, total suspended Solids, total suspended Solids, total suspended < 242.1 < 210.2 < 163.3 < 163.3 = 283.9 = 450.9 < 163.3 < 362 < 272.6 235 DAILY MX 157 DAILY AV 157 DAILY AV 157 DAILY AV 157 DAILY AV 235 DAILY MX 157 DAILY AV 235 DAILY MX 157 DAILY AV Limit Unit Pounds per Day Pounds per Day Pounds per Day Pounds per Day Pounds per Day Pounds per Day Pounds per Day Pounds per Day Pounds per Day