Document RJQaEd23x50dzx7bE3yBax1nk

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 February 9, 2023 TRANSMITTED VIA EMAIL The Honorable Roger Sweet, Mayor Village of Jemez Springs P.O. Box 269 Jemez Springs, NM 87025 mayor@jemezsprings-nm.gov Re: Administrative Order; Docket Number: CWA-06-2023-1728 NPDES Permit Number: NM0028011 Dear Mayor Sweet: Enclosed is an Administrative Order (AO) issued to the Village of Jemez Springs for violation of the Clean Water Act (CWA), (33 U.S.C. 1251 et seq.). Violations were identified during a review of the permit file and discharge monitoring reports submitted for the Village of Jemez Springs Wastewater Treatment Plant to the Environmental Protection Agency, Region 6 (EPA). The violations alleged are for failure to meet permit effluent limits. 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. The 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-06-2023-1728 and NPDES Permit Number NM0028011on 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, Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure e.c. Ms. Shelly Lemon NMED Water Bureau Chief shelly.lemon@state.nm.us Ms. Susan LucasKamat NMED Surface Water Quality Bureau susan.lucaskamat@state.nm.us 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-06-2023-1728; Permit Number: NM0028011 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 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 Enforcement and Compliance Assurance Division. FINDINGS 1. Village of Jemez Springs (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), the Respondent's wastewater treatment plant (WWTP), located at 14609 Highway 4, Sandoval County, NM 87025, 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 receiving water of Jemez River, which is considered "waters 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 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. NM0028011 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which became effective on June 1, 2021. 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 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 multiple pollutants that exceed the effluent limitations for dates 1/1/2021 through 6/30/2022. 11. On August 11, 2022, EPA issued Administrative Order (Original AO)(herein incorporated by reference) Docket Number CWA-06-2022-1812, which cited the effluent limit violations occurring from 1/1/2021 through 6/30/2022. The Original AO required Respondent to eliminate cited violations or submit a plan to eliminate violations. A copy of the Original AO is enclosed as Attachment B. 12. Respondent submitted a basic plan to bring the facility into compliance on December 5, 2022. 13. On January 30, 2023, Respondent agreed to a detailed long-term comprehensive plan of action, which has been incorporated into this AO and replaces the Original AO. 14. 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. CWA-06-2023-1728 Page | 2 SECTION 309(a)(3) COMPLIANCE ORDER Based on the foregoing Findings and pursuant to the authority of Section 309(a)(3) of the Act, EPA hereby orders the Respondent to take the following actions: A. Immediately take all measures as necessary to comply with permit conditions. B. Respondent shall accomplish the following tasks and comply with the following schedule of activities: TASK Apply for technical assistance DUE DATE through the Environmental Finance Center Network (EFCN) for further 1. assistance with a rate analysis, asset March 1, 2023 management, and capital improvement planning. 2. Repair the leaking roofs on the five April 30, structures at the facility. 2023 Hire consultant (to evaluate WWTP July 1, 3. and prepare Preliminary Engineering 2023 Report) 4. Repair/upgrade critical components August 1, of control panel. 2023 5. Replace perimeter security fence. Purchase necessary tools and 6. equipment for proper operation and maintenance of facility. Inventory the current and new 7. equipment and tools (based on #6 above) as part of asset management. 8. Inspect and repair ferric system and building. 9. Inspect and repair SBR Basin 1 and 2 to fully operational status. Submit a draft 5-year Capital 10. Improvement Plan (CIP) for all September 1, 2023 September 1, 2023 October 1, 2023 February 1, 2024 May 1, 2024 July 1, 2024 operations and maintenance (O&M) of the WWTP and collection system. 11. Finalize Preliminary Engineering Report (PER) and submit to EPA. August 1, 2024 Submit the finalized 5-year CIP for 12. all expected expenses for the O&M December 1, 2024 of the WWTP and collection system. C. Within thirty (30) days of completing the tasks in "B" above, Respondent shall submit a Project Completion Report and include a description of the task(s) implemented and any problems encountered. D. 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 the 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. E. To arrange a meeting, or to ask questions or comment on this matter, contact Rachel Matthews at (214) 6658589. F. All information, and/or correspondence, shall be electronically submitted to: Ms. Nancy Williams Williams.Nancy@epa.gov and Ms. Rachel Matthews Matthew.Rachel@epa.gov GENERAL PROVISIONS 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. CWA-06-2023-1728 Page | 3 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. Date Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Attachment A Docket # CWA-06-2023-1728 Attachment A NPDES PERMIT No. NM0028011 Page 1 of PART I PART I - REQUIREMENTS FOR NPDES PERMITS A. LIMITATIONS AND MONITORING REQUIREMENTS 1. FINAL Effluent Limits - 0.075 MGD Design Flow During the period beginning the effective date of the permit and lasting through the expiration date of the permit (unless otherwise noted), the permittee is authorized to discharge treated wastewater to the Jemez River, in Segment Number 20.6.4.107, from Outfall 001. Such discharges shall be limited and monitored by the permittee as specified below: EFFLUENT CHARACTERISTICS PARAMETER Flow Biochemical Oxygen Demand, 5-day Total Suspended Solids Percent Removal BOD5 Percent Removal TSS E. Coli Bacteria (4) Nitrogen, Total (7) Phosphorus, Total Arsenic, Dissolved Boron, Dissolved DISCHARGE LIMITATIONS lbs/day, unless noted mg/l, unless noted 30-DAY AVG 7-DAY AVG DAILY MAX 30-DAY AVG 7-DAY AVG DAILY MAX Report Report Report *** *** *** MGD MGD MGD 11.3 16.9 *** 30 45 *** 11.3 16.9 *** 85% *** *** 85% *** *** 3.58 x 108 *** *** cfu/day 2.97 *** *** 0.626 *** *** 0.094 *** *** 1.34 *** *** 30 45 *** *** *** *** 126 *** Report *** Report *** *** *** *** *** *** *** *** 410 4.75 1.0 150 ug/L 2,150 ug/L Total Residual Chlorine(9) Aluminum Total Recoverable (8) *** *** *** *** 1.03 N/A N/A *** *** 19 ug/l N/A 1,650ug/L MONITORING REQUIREMENTS MEASUREMENT FREQUENCY SAMPLE TYPE Continuous Totalizing Meter 1/Month Grab (1) 1/Month 1/Month 1/Month 1/Month 2/Month 2/Month 1/Month 1/Month Daily 1/Month Grab (1) Calculation (2) Calculation (2) Grab (1) Grab (1) Grab (1) Grab (1) Grab (1) Instantaneous Grab (3) Grab (1) NPDES PERMIT No. NM0028011 Page 2 of PART I DISCHARGE LIMITATIONS EFFLUENT CHARACTERISTICS Standard Units STORET POLLUTANT CODE MINIMUM MAXIMUM pH 00400 6.6 8.8 MONITORING REQUIREMENTS MEASUREMENT FREQUENCY SAMPLE TYPE 5/Week Instantaneous Grab (3) EFFLUENT CHARACTERISTICS DISCHARGE MONITORING MONITORING REQUIREMENTS Whole Effluent Toxicity Testing 30-DAY AVG 48-HR MEASUREMENT (48 Hr. Static Renewal) MINIMUM MINIMUM FREQUENCY SAMPLE TYPE Daphnia pulex Report Report Once/Term (5, 6) Grab Pimephales promelas Report Report Once/Term (5, 6) Grab Footnotes: 1. Monitoring must be conducted according to test procedures approved under 40CFR Part 136, unless other test procedures have been specified in this permit or approved by the Regional Administrator. 2. Percent removal is calculated using the following equation: [(average monthly influent concentration - average monthly effluent concentration) average monthly influent concentration] x 100. 3. Instantaneous grab a field measurement that is the analysis of a sample less than 15 minutes from the time of collection only when using chlorine. 4. Bacteria reporting units MUST be either cfu/100mL or MPN. 5. Once per permit term. This permit does not establish requirements to automatically increase WET testing frequency after a test failure, or to begin a toxicity reduction evaluation (TRE) in the event of multiple test failures. However, upon failure of any WET test, the permittee must report the test results to EPA and NMED, Surface Water Quality Bureau, in writing, within 5-business days of notification the test failure. EPA and NMED will review the test results and determine the appropriate action necessary, if any. (See Part II, Section D). 6. Sampling for the whole effluent toxicity test shall occur between the first period between November 1 and April 30, after the permit effective date. 7. Total Nitrogen is defined as the sum of Nitrate +Nitrite (N + N), and Total Kjeldahl Nitrogen (TKN). Total Nitrogen is defined as TKN + Nitrites and Nitrates, as found in the TMDL for the Jemez River approved by EPA September 15, 2009. 8. Compliance schedule to monitor and report total recoverable aluminum data for the first three years from the effective date of this permit. Please refer to part 1.B. The pollutant shall be tested using EPA approved method as found in CFR 136 table IB, for the determination of total recoverable metals, and as found in 20.6.4.900.2 The criteria is based on analysis of total recoverable aluminum in a sample that is filtered to minimize mineral phases as specified by the New Mexico Environment Department (NMED). The NMED specification for filtration can be found at: https//www.env.nm.gov/swqb/SOP/documents/82ChemicalSamplingSOP4-11-2016.pdf. At this website, find chemical sampling in lotic environments part 6.1.4 address total recoverable filtration. NPDES PERMIT No. NM0028011 Page 3 of PART I 9. 9. The effluent limitation for TRC is the instantaneous maximum and cannot be averaged for reporting purposes. Required when chlorine is used as either backup bacteria control or when disinfection of plant treatment equipment is required. Attachment B Docket # CWA-06-2023-1728 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 August , 2022 TRANSMITTED VIA EMAIL The Honorable Roger Sweet Mayor, Village of Jemez Springs P.O. Box 269 Jemez Springs, NM 87025 mayor@jemezsprings-nm.gov Re: Administrative Order; Docket Number: CWA-06-2022-1812 NPDES Permit Number: NM0028011 Dear Mayor Sweet: Enclosed is an Administrative Order (AO) issued to the Village of Jemez Springs for violation of the Clean Water Act (CWA), 33 U.S.C. 1251-1387. Violations were identified during a review of the permit file and discharge monitoring reports submitted for the Village of Jemez Springs Wastewater Treatment Plant to the Environmental Protection Agency, Region 6 (EPA). The violations alleged are for failure to meet permit effluent limitations. This AO 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 the AO. EPA is committed to ensuring compliance with the requirements of the National Pollutant Discharge Elimination System program and my staff will assist you in any way possible. Please reference AO Docket Number CWA-06-2022-1812 and NPDES Permit Number NM0028011 on your response. If you have any questions, please contact Mr. Mike Tillman, of my staff, at tillman.michael@epa.gov or (214) 665-7531. Sincerely, Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure(s) ec: Ms. Shelly Lemon, Chief NMED Surface Water Quality Bureau shelly.lemon@state.nm.us Ms. Susan Lucas-Kamat, Manager NMED Point Source Regulation Section susan.lucaskamat@state.nm.us UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FINDINGS OF VIOLATION AND COMPLIANCE ORDER August 11, 2022 Attachment B. Effluent Violations 01/01/2021 - 06/30/2022 Permit NM0028011 Permit Name JEMEZ SPRINGS, VILLAGE OF JEMEZ SPRINGS, VILLAGE OF Version Curr. Major Issue Date Effective Date Nmbr Minor Status 0 Minor 4 Minor 4/29/2021 1/14/2016 6/1/2021 3/1/2016 Expiration Engineer Date 5/31/2026 MIKE T 2/28/2021 MIKE T Outfall 001A 0060010Base 00600 Nitrogen, total [as N] / Location 1 / Season 0 / Base Limit Start Date 6/1/2021 Limit End Date 5/31/2026 Sample Type Grab Frequency of Analysis Twice per Month Limit Limit Unit Desc Statistical Base Limit Value DMR Values 6/30/21 7/31/21 8/31/21 9/30/21 11/30/21 12/31/21 1/31/22 2/28/22 3/31/22 4/30/22 5/31/22 6/30/22 A1 Pounds per Day 30DA AVG 2.97 A1 3.5 3.5 3.7 5.1 3.82 C3 Milligrams per Liter DAILY MX 4.75 C3 <19 10 15 5.2 19 18 8.3 22 17 21 20 21 0066510Base 00665 Phosphorus, total [as P] / Location 1 / Season 0 / Base Limit Start Date 6/1/2021 Limit End Date 5/31/2026 Sample Type Grab Frequency of Analysis Twice per Month Limit Limit Unit Desc Statistical Base Limit Value DMR Values 6/30/21 9/30/21 12/31/21 4/30/22 5/31/22 6/30/22 A1 Pounds per Day 30DA AVG .626 A1 .71 C3 Milligrams per Liter DAILY MX 1. C3 1.2 1.7 2.7 1.7 1.5 5.1 0100010Base 01000 Arsenic, dissolved [as As] / Location 1 / Season 0 / Base Specialist NANCY NANCY 01000 Arsenic, dissolved [as As] / Location 1 / Season 0 / Base Limit Start Date 6/1/2021 Limit End Date 5/31/2026 Sample Type Grab Frequency of Analysis Monthly Limit Limit Unit Desc Statistical Base Limit Value DMR Values 11/30/21 A1 Pounds per Day 30DA AVG .094 A1 .17 0102010Base 01020 Boron, dissolved [as B] / Location 1 / Season 0 / Base Limit Start Date 6/1/2021 Limit Limit Unit Desc Statistical Base Limit Value DMR Values 6/30/21 4/30/22 Limit End Date 5/31/2026 Sample Type Grab C3 Micrograms per Liter DAILY MX 2150. C3 2200 2300 Frequency of Analysis Monthly Outfall 001A 0060010Base 00600 Nitrogen, total [as N] / Location 1 / Season 0 / Base Limit Start Date 3/1/2016 Limit End Date 2/28/2021 Sample Type Grab Frequency of Analysis Twice per Month Limit Limit Unit Desc Statistical Base Limit Value DMR Values 1/31/21 2/28/21 3/31/21 4/30/21 5/31/21 A1 Pounds per Day 30DA AVG 2.97 A1 4.5 4 4.4 C3 Milligrams per Liter DAILY MX 4.75 C3 13 24 11 21 30 0102010Base 01020 Boron, dissolved [as B] / Location 1 / Season 0 / Base Limit Start Date 3/1/2016 Limit Limit Unit Desc Statistical Base Limit Value DMR Values 2/28/21 3/31/21 Limit End Date 2/28/2021 Sample Type Grab C3 Micrograms per Liter DAILY MX 2150. C3 2700 2500 Frequency of Analysis Monthly