Document XKn08z9Gjn3B2VYvzL9pjRwy
April 2 , 2026
TRANSMITTED VIA EMAIL
Gary Whitehead City Manager City of Truth or Consequences 505 Sims Street City of Truth or Consequences, New Mexico 87901 gwhitehead@torcnm.org
Re: Administrative Order; Docket Number: CWA-06-2026-1771 NPDES Permit Number: NM0020681
Dear Mr. Whitehead:
Enclosed is Administrative Order (AO), Docket Number CWA-06-2026-1771, issued to the City of Truth or Consequences Wastewater Treatment Plant (WWTP) for violations of the Clean Water Act (CWA), 33 U.S.C. 1251 et seq. The violations are for failure to meet permit effluent limits, submit testing results, and properly operate and maintain the WWTP. The AO incorporates the Project Schedule submitted to EPA on January 26, 2026, as part of the previous AO (Docket # CWA-06-2025-1746). The AO also incorporates requirements to address other violations found during an inspection conducted on January 29, 2026, and review of the required report submittals. The first compliance deadline for the AO is May 15, 2026.
The AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is thirty (30) days from the effective date of this letter. The United States Environmental Protection Agency (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-06-2026-1771, and NPDES Permit Number NM0020681, 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,
Cheryl T. Seager, Director Enforcement and
Compliance Assurance Division
AO Docket Number: CWA-06-2026-1771 City of Truth or Consequences
Enclosure(s)
e.c. Jamie Foreman Regulatory and Compliance Specialist Water/ Wastewater City of Truth or Consequences jforeman@torcnm.org
Ms. Johanna Munoz Executive Assistant City of Truth or Consequences jmunoz@torcnm.org
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
FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2026-1771; NPDES Permit Number: NM0020681
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 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. The City of Truth or Consequences (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 owned or operated a wastewater treatment plant (facility) located at 1595 Animal Shelter Road, in the City of Truth or Consequences, Sierra County, New Mexico, 87901 and is therefore an "owner or operator" within the meaning of 40 C.F.R. 122.2.
7. Respondent applied for and was issued NPDES Permit No. NM0020681 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which became effective on April 1, 2022, with an expiration date of March 31, 2027. 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, as specified in Attachment A, which is incorporated herein by reference.
9. Pursuant to Parts I.A, I.C, and II.D of the permit, Respondent is required to sample and test its effluent and monitor its compliance with permit conditions according to specific procedures, in order to determine the facility's compliance or noncompliance with the permit and applicable regulations. The permit also requires Respondent to file certified monthly Discharge Monitoring Reports (DMRs) and Whole Effluent Toxicity (WET) Reports.
3. At all relevant times, the facility acted as a "point source" of a "discharge" of "pollutants" with its wastewater discharge to Rio Grande River in Segment 20.6.4.103 of the Middle Rio Grande 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 acted as a point source of discharges of pollutants to waters of the United States, 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.
10. Pursuant to Part III.B. of the permit, Respondent is required to properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by Respondent as efficiently as possible and in a manner which will minimize upsets and discharges of excessive pollutants and will achieve compliance with the conditions of the permit.
11. Pursuant to Part III.C of the permit, Respondent is required to conduct monitoring according to specified test procedures, calibrate and perform maintenance procedures on all monitoring and analytical instruments, and have an adequate analytical quality control program.
12. On January 17, 2025, EPA issued Administrative Order (AO) Docket Number CWA-06-2025-1712, which cited multiple violations of the permit. The AO required Respondent to eliminate violations or submit a comprehensive plan to eliminate violations.
13. Respondent submitted a comprehensive plan to bring the facility into compliance. The plan was incorporated into AO Docket Number CWA-06-2025-1746, issued on May 13, 2025, and included multiple tasks including the following specifications for construction design planning:
CWA-06-2026-1771 Page | 2
Submit detailed plans and timeline for weir replacement, and Submit a detailed timeline for the rehabilitation, or replacement, of the headworks, including dates for the 30/60/90% completion construction and final construction design plans, provided by consultants.
14. On January 26, 2026, a Project Schedule for construction design was submitted that included a timeline for both weir replacement and headworks construction. See Attachment B.
15. On January 29, 2026, an inspection of the facility was conducted by New Mexico Environment Department (NMED) inspectors, on behalf of EPA. The inspection report is included in Attachment C, which is incorporated herein by reference.
16. As a result of the inspection, it was found that Part III.B.3 of the permit was violated in that Respondent failed to:
[P]roperly operate and maintain all facilities and systems . . . as efficiently as possible . . . and . . . achieve compliance with the conditions of th[e] permit. Proper operation and maintenance . . . includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities . . . .
17. A compliance review found that DMRs filed by Respondent show continued discharges of pollutants from the facility that exceed the permitted effluent limitations established in the permit, as specified in Attachment D, which is incorporated herein by reference.
18. The compliance review found that quarterly WET Reports have not been submitted for July 2025 or January 2026, as specified in Attachment E, which is incorporated herein by reference.
19. This AO includes several long-term tasks from the Project Schedule submitted as required by Docket Number CWA-062025-1746. Those tasks have been incorporated under paragraph C.
20. Each violation of the conditions of the permit described above was a violation of Section 301 of the Act, 33 U.S.C. 1311.
SECTION 309(a)(3) COMPLIANCE ORDER
21. 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 Respondent to take the following actions:
A. Immediately take all measures as necessary to comply with permit conditions and effluent limits.
B. No later than May 15, 2026, submit a list of specific actions taken to correct the Areas of Concern listed in the inspection report from the January 29, 2026 inspection that are not specifically addressed in the Task list below.
C. Respondent shall accomplish the following tasks and comply with the following schedule of activities:
TASK Submit missing WET Reports. If WET 1. tests have not been completed, submit plan to complete missing tests. 2. Repair, or submit plan to repair, the backup generator.
Submit copy of the comprehensive 3. design plan(s) for all WWTP
improvements indicating 60% of the engineering design is complete. Submit copy of the comprehensive 4. design plan(s) for all WWTP improvements indicating 95% of the engineering design is complete. Submit a draft 5-year Capital 5. Improvement Plan (CIP) for WWTP repairs. Submit final copy of the comprehensive 6. design plan(s) for all WWTP improvements indicating engineering design is complete. 7. Submit final 5-year CIP for repairs.
8. Submit a copy of the final construction report, including punch list.
DUE DATE May 15, 2026
May 15, 2026
September 15, 2026
November 10, 2026
November 10, 2026
December 31, 2026
January 15, 2027
June 30, 2028
D. Respondent shall submit Quarterly Progress Reports that are due on the 20th day of the months of January, April, July, and October. Each report shall provide, from the previous three (3) calendar months and for each task in paragraph B above, the following until task completion:
CWA-06-2026-1771 Page | 3
i. A description of task implementation and percent completion estimate,
ii. A description of problems encountered and solutions, iii. Documented itemized costs of the project tasks, iv. Photographs of construction project activities.
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.
E. In the Quarterly Progress Reports, Respondent shall sign and certify, under penalty of law, that the information contained in such report is true, accurate, and not misleading by signing the following statement:
I certify under penalty of law that I have examined and am familiar with the information submitted in this document and all its attachments, and that based on my inquiry of those individuals immediately responsible for obtaining information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment.
F. If Respondent would like to arrange a meeting with EPA to discuss the violations alleged in this 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. To arrange a meeting, or comment on this matter, please contact Rachel Matthews at (214) 665-8589.
G. All information, and/or correspondence, shall be electronically submitted to:
Ms. Rachel Matthews matthews.rachel@epa.gov
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 Respondent.
Cheryl T. Seager, Director Enforcement and Compliance Assurance Division
Attachment A Docket Number CWA-06-2026-1771
NPDES PERMIT NO. NM0020681
Page 1 of PART I
PART I - REQUIREMENTS FOR NPDES PERMITS
A. LIMITATIONS AND MONITORING REQUIREMENTS
1. OUTFALL 001 - FINAL Effluent Limits - 1.06 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 domestic wastewater from Outfall 001 to Rio Grande River. Such discharges shall be limited and monitored by the permittee and reported as specified below:
POLLUTANT pH DO (*6)
DISCHARGE LIMITATIONS MINIMUM 6.6 s.u. 6 mg/L
DISCHARGE LIMITATIONS MAXIMUM 9.0 s.u. N/A
MEASUREMENT FREQUENCY Daily Weekly
SAMPLE TYPE Instantaneous Grab (*3) Instantaneous Grab (*3)
POLLUTANT Flow BOD5 TSS BOD5 % removal, minimum TSS % removal, minimum TRC
E. coli bacteria
Hexachlorobenzene, interim limit (*7, *8) Hexachlorobenzene, final limit (*8, *9) Cadmium, Total Acrylonitrile Total Phosphorus Total Nitrogen
30-DAY AVG, lbs/day, unless
noted Report MGD
176 265 85 (*2) 85 (*2) N/A
NA
5.48E-02
5.43E-05
0.01 0.1 N/A N/A
7-DAY AVG lbs/day, unless
noted Report MGD
265 398 N/A N/A N/A
N/A
N/A
8.15E-05 daily max 0.02 0.15 N/A N/A
30-DAY AVG mg/l, unless noted (*1) N/A 20 30 N/A N/A N/A
548 cfu (or MPN)/100 ml
(*5) 6.2 ug/l
6.14E-03 ug/l
1.55 ug/L 11.65 ug/L
N/A N/A
7-DAY AVG mg/l, unless noted (*1)
N/A 30 45 N/A N/A N/A
DAILY MAX mg/l, unless noted (*1)
N/A N/A N/A N/A N/A 11 ug/l (*4 )
MEASUREMENT FREQUENCY Daily Weekly Weekly Monthly Monthly Daily
N/A
2,507 cfu (or
Weekly
MPN)/100 ml
N/A
NA
Weekly
N/A
9.21E-03 ug/l
3/Week
N/A
2.32 ug/L
3/Week
N/A
17.48 ug/L
Weekly
N/A
Report
Quarterly
N/A
Report
Quarterly
SAMPLE TYPE Totalized meter 6-hr Composite 6-hr Composite
Calculation Calculation Instantaneous Grab
(*3) Grab
Grab
Grab
Grab Grab 6-hr Composite 6-hr Composite
NPDES PERMIT NO. NM0020681
WHOLE EFFLUENT TOXICITY TESTING 7-DAY CHRONIC NOEC FRESHWATER (*10) Ceriodaphnia dubia Pimephales promelas
VALUE Report Report
MEASUREMENT FREQUENCY Quarterly Quarterly
Page 2 of PART I
SAMPLE TYPE 24-hr Composite 24-hr Composite
Footnotes:
*1 See Appendix A of Part II of the permit for minimum quantification limits. *2 Percent removal is calculated using the following equation:
Percent removal = average monthly influent concentration (mLg) - average monthly effluent concentration (m mg Lg) x 100
average monthly influent concentration ( L )
*3 Analyzed within 15 minutes of collection. *4 The effluent limitation for TRC is the instantaneous maximum and cannot be averaged for reporting purposes. *5 The geometric mean of E. coli bacteria shall be used for reporting the 30-day average values. *6 Field kit (probe) can be used to measure. *7 Interim limitations are expired on first day of 4th year from the permit effective date. *8 EPA Method 612 (or approved method under 40 CFR 136.3 with MDL/ML of 0.05 ug/L or lower) shall be used for analysis. *9 Limitations shall be effective beginning first day of 4th year from the permit effective date. *10 Monitoring and reporting requirements begin on the effective date of this permit. See Part II of the permit for WET testing requirements for additional WET
monitoring and reporting conditions. Grab samples are allowed per method, if needed.
Attachment B Docket Number: CWA-06-2026-1771
EXHIBIT A - PROJECT SCHEDULE
ID Task Name
Duration
1 TorC WWTP HEADWORKS AND CLARIFIER IMPROVEMENTS
564 days
2
PRE-DESIGN PHASE
16 days
3
Contract Award Notice
1 day
4
Internal Project Start-Up
10 days
5
Project Kickoff Meeting
5 days
6
DESIGN PHASE
206 days
7
Supplemental Site Data Acquisition
25 days
8
Data Gathering, Identify Field Confirmations
15 days
Needed
9
Field Verifications of Record Drawings, Updates 10 days
to Conditions
10
60% Design
70 days
11
Prepare 60% Design Plans, Cost Estimate
40 days
12
Owner 60% Review Period
10 days
13
NMED & EPA Review Period
20 days
14
95% Design
70 days
15
Prepare 95% Design Plans, Specifications, Cost 40 days
Estimate
16
Owner 95% Review Period
10 days
17
NMED & EPA Review Period
20 days
18
Final Stamped Design
41 days
19
Prepare Stamped Design Plans, Specifications, 20 days
Cost Estimate
20
NMED & EPA Approval Period
20 days
21
Approval to Bid
1 day
22
CONSTRUCTION PHASE
343 days
23
Advertising Period
25 days
24
Contractor Bids Due
1 day
25
Recommendation of Award to City
5 days
26
City Commision Approval
10 days
27
Funding Agency Approval to Award
10 days
28
Issue NOA - Contract Document Execution
15 days
29
Pre-Construction Meeting/Notice To Proceed
1 day
30
Construction Submittals - Initial Submission
40 days
31
Construction Submittal - Review & Approval
10 days
32
Clarifier Equipment - Fab & Delivery
100 days
33
Bar Screen Equipment - Fab & Delivery
140 days
34
Facility Construction Period
116 days
35
Clarifier No. 1
30 days
36
Isolate & Empty Clarifier No. 2
5 days
37
Clarifier No. 2
30 days
38
Bar Screen & Headworks
20 days
39
Substantial Completion
1 day
40
Final Completion
10 days
41
Project Closeout - O&M Submittal and Record
20 days
Drawings
Start
Mon 2/2/26
Mon 2/2/26 Mon 2/2/26 Tue 2/3/26 Tue 2/17/26 Tue 2/24/26 Tue 2/24/26 Tue 2/24/26
Tue 3/17/26
Tue 3/31/26 Tue 3/31/26 Tue 5/26/26 Tue 6/9/26 Tue 7/7/26 Tue 7/7/26
Tue 9/1/26 Tue 9/15/26 Tue 10/13/26 Tue 10/13/26
Tue 11/10/26 Tue 12/8/26 Tue 12/8/26 Tue 12/8/26 Tue 1/12/27 Wed 1/13/27 Wed 1/20/27 Wed 2/3/27 Wed 2/17/27 Wed 3/24/27 Thu 3/25/27 Thu 5/20/27 Thu 6/3/27 Thu 6/3/27 Thu 10/21/27 Thu 10/21/27 Thu 12/2/27 Thu 12/9/27 Thu 1/20/28 Thu 2/17/28 Fri 2/18/28
Fri 3/3/28
Finish Thu 3/30/28
Predecessors
Mon 2/23/26
Mon 2/2/26
Mon 2/16/26
3
Mon 2/23/26
4
Tue 12/8/26
Mon 3/30/26
Mon 3/16/26
5
Mon 3/30/26
8
Mon 7/6/26
Mon 5/25/26
9
Mon 6/8/26
11
Mon 7/6/26
12
Mon 10/12/26
Mon 8/31/26
13
Mon 9/14/26
15
Mon 10/12/26
16
Tue 12/8/26
Mon 11/9/26
17
Mon 12/7/26 Tue 12/8/26 Thu 3/30/28 Mon 1/11/27 Tue 1/12/27 Tue 1/19/27 Tue 2/2/27 Tue 2/16/27 Tue 3/9/27 Wed 3/24/27 Wed 5/19/27 Wed 6/2/27 Wed 10/20/27 Wed 12/15/27 Thu 3/30/28 Wed 12/1/27 Wed 12/8/27 Wed 1/19/28 Wed 2/16/28 Thu 2/17/28 Thu 3/2/28 Thu 3/30/28
19 20
20 23 24 25 26 27 28FS+10 days 29 30 31 31
32 35 36 37 38,35,37 39 40
Half 1, 2026 J FMAM J
Half 2, 2026
Half 1, 2027
J A S OND J FMAM J
12/8
Half 2, 2027
Half 1, 2028
J ASOND J FMA
City of Truth or Consequences Wastewater Treatment Plant Headworks & Clarifier Improvements
Task Split Milestone Summary
Project Summary External Tasks External Milestone Inactive Task
Inactive Task Inactive Milestone Inactive Summary Manual Task
Page 1
Duration-only Manual Summary Rollup Manual Summary Start-only
Finish-only Progress Deadline
Attachment C Docket Number: CWA-06-2026-1771
MICHELLE LUJAN GRISHAM GOVERNOR
JAMES C. KENNEY CABINET SECRETARY
Original via Electronic Mail
March 27, 2028
Gary Whitehead, City Manager City of Truth or Consequences 505 Sims Street, Truth or Consequences, NM 87901 gwhitehead@torcnm.gov
Re: City of Truth or Consequences Wastewater Treatment Plant, Major, Individual Permit; SIC / NAICS 4952/221320; NPDES Compliance Evaluation Inspection; NPDES permit no. NM0020681; January 29, 2026.
Dear Gary Whitehead:
Enclosed please find a copy of the report for the referenced inspection that the New Mexico Environment Department ("NMED") conducted at your facility on behalf of the U.S. Environmental Protection Agency ("USEPA"). This inspection report will be sent to the USEPA Region 6 Office in Dallas for their review. These inspections are used by USEPA to determine compliance with the National Pollutant Discharge Elimination System ("NPDES") permitting program in accordance with requirements of the federal Clean Water Act.
The inspection report includes an introduction, observations, records review, areas of concern, closing conference and follow-up.
You are encouraged to review the inspection report, required to correct any problems noted during the inspection, and advised to modify your operational and/or administrative procedures, as appropriate. If you have comments on or concerns with the basis for the findings in the NMED inspection report, please contact us (see the address below) in writing within 30 days from the date of this letter. Further, you are encouraged to notify both the USEPA and NMED in writing regarding modifications and compliance schedules at the addresses below:
Rachel Matthews New Mexico NPDES Enforcement Coordinator U.S. Environmental Protection Agency Region 6 Water Enforcement Branch (6ECDWM) 1201 Elm Street, Suite 500 Dallas, Texas 75202 Matthews.Rachel@epa.gov 214-665-8589
Susan LucasKamat Program Manager New Mexico Environment Department Surface Water Quality Bureau (N2050) Point Source Regulation Section P.O. Box 5469 Santa Fe, New Mexico 87502 Susan.LucasKamat@env.nm.gov 505-946-8924
If you have any questions about this inspection report, please contact Nafis Fuad at 505-531-7956 or at nafis.fuad@env.nm.gov.
Sincerely,
SCIENCE | INNOVATION | COLLABORATION | COMPLIANCE
1190 Saint Francis Drive, PO Box 5469, Santa Fe, New Mexico 87502-5469 | (505) 827-2855 | www.env.nm.gov
City of TorC WWTP NPDES # NM0020681
Mach 27, 2026 Page 2 of 2
Susan LucasKamat
Susan A. LucasKamat Program Manager Point Source Regulation Section Surface Water Quality Bureau PSRS.Program.Manager@env.nm.gov
Digitally signed by Susan LucasKamat Date: 2026.03.27 17:54:16 -06'00'
cc: Roberto Bernier, USEPA (6ECDWM) via email Bernier.Roberto@epa.gov Rachel Mathews, USEPA (6ECDWM) via email Matthews.Rachel@epa.gov Amy Andrews, P.E., USEPA (6ECDWM) via email Andrews.Amy@epa.gov David Esparza, P.E., USEPA (6ECDWM) via email Esparza.David@epa.gov Tung Nguyen, USEPA (6WDPE) via email Nguyen.Tung@epa.gov Silvia Zavala, USEPA (6WDPN) via email zavala.silvia@epa.gov Susan A. Lucas Kamat, NMED SWQB Point Source Manager, via email Susan.LucasKamat@env.nm.gov Nafis Fuad, NMED SWQB Inspection Team Supervisor, via email Nafis.Fuad@env.nm.gov Shawnee Suazo, NMED SWQB Complex Facility Inspector, via email Shawnee.Suazo@env.nm.gov Luke Zhong, NMED SWQB Municipal and Industrial Inspector, via email Luke.Zhong@env.nm.gov Jason Martinez, NMED SWQB Permit Team Supervisor, via email Jason.Martinez2@env.nm.gov Michael Kesler, NMED EHB District III Manager, via email Michael.Kesler@env.nm.gov Jamie Foreman, City of TorC, via email jforeman@torcnm.gov Keegan McCraw, City of TorC, via email kmccraw@torcnm.gov Jesse Cole, City of TorC contractor, via email jezzys@yahoo.com Patrick Loveall, City of TorC, via email ploveall@torcnm.gov
2
New Mexico Environment Department - Surface Water Quality Bureau
INSPECTION REPORT
Inspection Date(s): Media Program: Regulatory Program(s)
01/29/2026 Water CWA - NPDES
Company Name: Facility Name: Facility Physical Location:
(city, state, zip code) Mailing address:
(city, state, zip code) County/Parish: Facility Phone Number Facility Contact:
City of Truth or Consequences
City of Truth or Consequences Wastewater Treatment Plant (WWTP)
1595 Animal Shelter Road
Truth or Consequences, NM 87901
505 Sims Street
Truth or Consequences, NM 87901
Sierra County
575-740-4342
Jamie Foreman
Interim Water Supervisor
jforeman@torcnm.gov
FRS Number: Identification/Permit Number: Media Identifier Number: NAICS: SIC:
110013987034 NM0020681
N/A 221320 4952
Personnel participating in inspection:
Name
Affiliation
Keegan McCraw
Luke Zhong Shawnee Suazo Patrick Loveall
Gary Whitehead
Jamie Foreman
Nafis Fuad
City of Truth or Consequences NMED-SWQB NMED-SWQB City of Truth or Consequences City of Truth or Consequences City of Truth or Consequences NMED-SWQB
Title
Administrative Assistant
Municipal and Industrial Inspector Inspector Water / Wastewater Operator
City Manager
Interim Water Supervisor
Compliance and Enforcement Supervisor
Opening conf.
X
X X X
X
X
NMED Lead Inspector Signature/Date
Nafis Fuad
Digitally signed by Nafis Fuad Date: 2026.03.27 14:56:05 -06'00'
Nafis Fuad
Date:
Closing conf.
(Remote) X
Supervisor Signature/Date
Susan LucasKamat Date: 2026.03.27 17:42:34 -06'00' Digitally signed by Susan LucasKamat
Susan Lucas Kamat
Date:
1
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City of Truth or Consequences - WWTP NPDES # NM0020681
Inspection Date 01/29/2026
2
Section I - INTRODUCTION
City of Truth or Consequences - WWTP NPDES # NM0020681
Inspection Date 01/29/2026
PURPOSE OF THE INSPECTION NMED inspectors Nafis Fuad, Shawnee Suazo, and Luke Zhong arrived at the City of Truth or Consequences Wastewater Treatment Plant (WWTP) (the "Site" or "Facility") at 12:00 PM on January 29, 2026, for an unannounced inspection. We met Keegan McCraw, Administrative Assistant, to conduct the opening conference. I, Nafis Fuad, presented my credentials to Keegan McCraw and informed him that this was an NMED-led inspection to determine compliance with the facility's National Pollutant Discharge Elimination System (NPDES) permit, NM0020681, and the Clean Water Act (CWA). The scope of the inspection is a Compliance Evaluation Inspection (CEI) and includes evaluation of the compliance of the facility with its NPDES permit.
FACILITY DESCRIPTION The facility is located at 1595 Animal Shelter Road, Truth or Consequences, NM 87901. See aerial photo below.
The design flow of this facility is 1.06 million gallons per day (MGD) and is a major publicly owned treatment works (POTW) discharger. The facility has total of five (5) lift stations within its sewer collection system, two (2) of which are owned by the Village of Williamsburg.
Under their NPDES permit the facility is authorized to discharge treated effluent to Rio Grande in Segment 20.6.4.103 New Mexico Administrative Code (NMAC) of the Middle Rio Grande Basin.
Preliminary treatment at the headworks includes a barsceen and a cone shaped grit separator. From the headworks the wastewater flows to an aeration basin/oxidation ditch. From the oxidation ditch wastewater flows into two clarifiers. Supernatant form clarifiers flow to ultraviolet (UV) chamber with two (2) channels. Disinfected effluent flows through a Parshall flume where the flow is measured and compliance monitoring samples are collected before discharging through the outfall.
Solids separated at the headworks are sent to drying beds and then to Corralitos Regional Landfill. Solids from the aeration basin and clarifiers are designed to be sent to a digestor and then to a belt press and composted thereafter.
Onsite In-house analysis is completed for the following: Dissolved Oxygen (DO), effluent (daily), pH, effluent (daily), Total Residual Chlorine (TRC), effluent (daily), E. coli bacteria, effluent (weekly).
Eurofins Environmental testing, Albuquerque, NM completes the following weekly analysis: 5-day Biochemical Oxygen Demand (BOD5) (Influent & effluent), Total Suspended Solids (TSS) (Influent & effluent), Hexachlorobenzene (Effluent) Note: the sampling frequency and the final limit will change effective April 1, 2026. Acrylonitrile (Effluent),
Eurofins Environmental testing, Albuquerque, NM completes the following 3/week analysis: Total Cadmium (Effluent)
3
City of Truth or Consequences - WWTP NPDES # NM0020681
Inspection Date 01/29/2026 Cove Environmental, Stillwater, OK completes the following quarterly analysis: Whole Effluent Toxicity (WET) tests
Aerial photo City of Truth or Consequences - WWTP Accessed from google maps on 2026-02-12
Latitude: 33.11493, Longitude: -107.28154
4
Section II - OBSERVATIONS
City of Truth or Consequences - WWTP NPDES # NM0020681
Inspection Date 01/29/2026
After entry I observed that the overall condition of the facility grounds appeared to be clean with good housekeeping. I interviewed Patrick Loveall, water & wastewater operator. The facility serves a population of approximately 3500 within the City of Truth or Consequences and the Village of Williamsburg. An unknown number of the population is served by septic systems. The facility does not receive hauled waste. The facility serves no Significant Industrial Users (SIUs) and no Categorical Industrial Users (CIUs). The facility serves more than thirty-five (35) non-significant, non-categorical industrial users, including one (1) Hospital, one (1) nursing home, approximately twenty-five to thirty-five (35) restaurants, and one (1) brewery. The daily average flow of this facility is 0.67-0.70 MGD. The facility does not experience any seasonal effects other than a slight change in the summer. The facility experiences negligeable inflow and infiltration (I&I). Administrative assistant, Keegan McCraw, informed me that the facility is in the process of acquiring access to an asset management system. Patrick Loveall informed me that the facility has a diesel generator for backup power, however, the generator has been experiencing issues and has been out of operation for over a year. Patrick Loveall also informed me that the previous water supervisor had started the process of repairing the facility generator, however, there has been no progress since the departure of the previous water supervisor. Patrick Loveall informed me that the facility is installing a new bar screen and renovation of one vacuum station.
Patrick Loveall informed me that the staffing level for the facility is currently at five (5) full-time staff. The facility also has one (1) supporting staff member. Supporting staff members are not trained in compliance sampling and do not conduct sampling operations. Working hours are set from Monday through Friday, 7:00 AM to 3:30 PM. Two full-time staff and one supporting staff maintain and collect compliance samples at the wastewater treatment facility along with the city's water treatment facility.
As supporting information, , I inquired about other non-NPDES regulations that apply to the the facility. Patrick Loveall informed me that the minimum staffing level determined by NMED - Utility Operator Certification Program (UOCP) to be one (1) level 3 wastewater operator. Please note that the operator certification and certified operator requirements are administered by NMED-UOCP and is not a part of the NPDES program or CWA. None of the full-time workers meet the NMED-UOCP requirements of level 3 wastewater operator. Hence, the facility has contracted Jesse Cole, wastewater level 4 operator, as the contract operator to meet the NMED-UOCP minimum operator requirements. Patrick Loveall informed me that the facility is also regulated under a ground water discharge permit (DP-1162). Ground water discharge permits are issued by the New Mexico Environment Department (NMED) Groundwater Quality Bureau (GWQB).
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City of Truth or Consequences - WWTP NPDES # NM0020681
Inspection Date 01/29/2026 COLLECTION SYSTEM The City of Truth or Consequences and the Village of Williamsburg own their respective portions of the collection system. However, the entire collection system is maintained by the City of Truth or Consequences. A team member from the city checks all five (5) lift stations daily. The three (3) lift stations owned by the City of Truth or Consequences have onsite audible and visual alarms and are connected to the facility's Supervisory Control and Data Acquisition (SCADA) system. Water/wastewater operator Patrick Loveall, interim water supervisor Jamie Foreman, facility staff Conrad, and water foreman Tony, receive notifications regarding the lift stations from the SCADA. Sanitary Sewer Overflows (SSOs) are mitigated by the City of Truth or Consequences. Patrick Loveall informed me that there was a recent SSO due to issues at the lift station located at Central Avenue, which was within the Village of Williamsburg. Patrick Loveall informed me that the Village is working on upgrading both the lift stations in portion of their collection system. Patrick Loveall informed me that there is no written standard operating procedure for reporting and mitigating SSOs, the responding crew reports the SSOs to the Interim Water Supervisor. The facility does not report SSOs per NPDES permit requirement. Patrick Loveall informed me that two (2) of the three (3) lift stations owned by the city have onsite generators and the city has portable generators as well.
The facility has recently added approximately 20-30 houses to its service. However, the houses were not occupied as of the time of the onsite inspection on 01/29/2026.
HEADWORKS I observed the bar screen at the headworks was non-operational (Photo #1). City manager, Gary Whitehead, informed us that the city is in the process of replacing the bar screen within the next 18months. Patrick Loveall informed me that the facility manually scrapes the bar screen once a day in the morning. The wet well following the bar screen appeared to have excessive amounts of fat, oil, and grease (FOG) (Photo #2). I smelled a noxious odor in wet well. The headworks has level alarm. I observed what appeared to be inadequate pumping of influent during the inspection. Patrick Loveall informed me that the influent flow transducer is not working. The headworks is operating at a high flow, using the float (Photo #2), rendering the flow to the grit chamber from the wet well inconstant. Patrick Loveall informed me that while the flow passes through the grit separator (Photo #3), it has been nonoperational for approximately 8 years. I observed the headworks operating at high flow, the overflow channel (Photo #4) from the grit separator was being used.
TREATMENT SYSTEM I observed that decommissioned clarifiers were partially filled with fill material (Photo #5). Patrick Loveall informed me that the facility is in the process of breaching the bottoms of the decommissioned clarifiers and will fill them up afterwards. Patrick Loveall also informed me that the facility had fencing around the decommissioned clarifiers in order to prevent hazard falling, which however, were blown away by recent strong winds (Photo #5).
Patrick Loveall informed me that one of the aerators in the oxidation ditch was deliberately not being operated at the time of the inspection to create an anoxic zone in the basin for denitrification and another aerator was out of operation for between 1 - 2 years. Refer to follow-up section of this report for the status of the operator. I observed the remaining aerators were operational (Photo #8). I observed mixed liquor in oxidation ditch appeared to be of chocolate color. I did not observe any dark foam nor smelled any bad odor at the oxidation ditch.
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City of Truth or Consequences - WWTP NPDES # NM0020681
Inspection Date 01/29/2026 I observed there was vegetation growth in the oxidation ditch (Photos #8, #9, & #10). I observed solids accumulation at the south-west corner of the oxidation ditch (Photos #9 & #10). Patrick Loveall informed me this is due to the inability to use foam/scum/sludge drying beds (Photos #11). The existing pipework blocks the flow (Photos #10), which is the facility has tried to remove but in vain. The reason for this is to the pipe is structurally embedded into the basin concrete.
I observed one of the channels from the flow splitter was closed (Photo #6). Patrick Loveall informed me that the reason the north clarifier (#1) was non-operational at the time of the inspection was due to a recirculation pump failure (Photo #12). I observed that both the secondary clarifiers appeared to have uneven weir crest (Photos #12 & #13) and overflow over the crest appeared to be uneven (Photos #13). I observed biomass formation on the crest and the channel. Patrick Loveall informed me that previously, the clarifiers have experienced settleability issues during the winter months.
DISINFECTION SYSTEM Patrick Loveall informed me that the facility alternates between the two UV channels (Photo #14). I observed the UV control panels indicating three (3) out of four (4) sets of 2-lamp sets were on (Photo #15). The control panel does not have any alarm; there are flashing lights that indicate issues with the UV system. Patrick Loveall informed me that the facility cleans the sleeves and has inventory of spare bulbs. The effluent from the UV chamber appeared to have low turbidity (Photo #16). The facility has a V-notch weir installed (Photo #16) at the channel carrying the UV treated wastewater to the primary flow measuring device, the effluent Parshall Flume. Patrick Loveall informed me that the weir was installed to mitigate turbulent flow at the Parshall Flume.
The facility does not use chlorine for disinfection.
FLOW MEASUREMENT I saw improper placement of flow measurement device. I observed that the throat section of the primary flow measuring device has a staff gauge that is not legible (Photo # 17) and the converging section of the flume has a second staff gauge that is in use (Photo # 18). I observed that the flow is turbulent at the Parshall flume, including in the converging section, where the facility has both the staff gauge for the flume and the secondary flow measuring device, in this case an ultrasonic flow meter, installed (Photo # 18). I confirmed totalizing flow meter is calibrated (Photo # 19). I did not see any buildup of solids in flume. I saw the flume had no cracks. The facility uses an autosampler next to the flume to collect composite samples (Photo # 20).
OUTFALL I observed no suspended solids, turbidity, foam, grease, scum, color, or other macroscopic particulate matter in the effluent (Photo # 21). I did not see any potential toxicity (dead fish, dead plants) in the receiving waterway. I did not see any evidence of Eutrophication.
SOLIDS HANDLING Patrick Loveall informed me that the facility removes waste activated sludge one or two times per week. During the inspection the belt press was not operational. Jamie Foreman informed me that the facility composts solids from their digestor and belt press. The facility gives the compost away after it is cleared, other city entities land apply the compost. When in operations, the extracted liquids from solid processing are recirculated to the headworks.
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City of Truth or Consequences - WWTP NPDES # NM0020681
Inspection Date 01/29/2026 LABORATORY I observed that the laboratory appeared to be safe and clean. I observed that the pH probe in the laboratory is stored improperly in an open Erlenmeyer Flask in storage solution which caused the crystallization of the storage solution due to expose to the atmosphere (Photo #23). The laboratory had adequate equipment, and appeared to be properly maintained, to perform in-house analyses. I verified the expiry dates for reagents and calibration solutions were not tracked properly. The pH buffers had received dates and opened dates written on the bottles, however, the facility does not track the true expiry date after opening and uses the manufacturer expiry date (Photo #24). I verified the sample storage temperatures and holding times to be adequate. I observed the laboratory keeps adequate calibration and maintenance records. However, the desiccator in the laboratory is not calibrated to measure humidity (Photo #22). I observed that the desiccator solids are not replaced, Patrick Loveall informed me that the facility does not replace the desiccator solids, nor does it calibrate the desiccator. I also observed that the equipment used to generate dilution water is not serviced or tested for quality of the water generated (Photo #25). I confirmed that personnel handling samples and performing analyses have adequate training. The laboratory currently does not have backup power due to malfunctioning facility backup generator. The laboratory has adequate inventory of supplies.
RECORDS REVIEW I reviewed facility records for July and August of 2024, and October, November and December of 2025. Records appeared to be not maintained as required by permit. The facility benchsheet records values without units. Analyses are not performed per permit requirements. Analytical results were not consistent with data reported on discharge monitoring reports (DMRs).
On August 19, 2024, and August 21, 2024, the facility's collected effluent samples were analyzed by Eurofins Albuquerque with EPA method 200.8 for cadmium. The laboratory reports reported values for total recoverable cadmium as 0.0016 mg/L (1.6 g/L) and 0.00071 mg/L (0.71 g/L) respectively. However, the facility recorded these as 0.0016 g/L and 0.00071 g/L respectively, in their DMR worksheet (Microsoft Excel spreadsheet) (appendix 5) to perform statistics on the data and reported the same on their discharge monitoring record (DMR). Note that the reported values are 1000 times smaller than the actual values measured. I observed similar issues with Total Residual Chlorine (TRC) reporting. The facility uses a HACH pocket Colorimeter IITM which measures TRC in the unit of mg/L with two decimal places. However, the value that is being tracked in the facility daily log sheet, for example for August 18, 2024 (appendix 5) is recording an unitless value with two decimal places 0.24. Consequently, this value is being entered as a unitless value with two decimal places of 0.24 on the DMR worksheet (appendix 5). However, the facility's August 2024 DMR submission (appendix 5) shows that they have reported that value with two decimal places (0.24) of TRC in mg/L as the instantaneous max for the month of August 2024 while the unit for the field to enter TRC is g/L. Note: this correct value of TRC measured in the effluent is 21 times more than the effluent limitation of 11.0 g/L. Sampling and analysis data were not adequate. Data was missing the following information: times of sampling, analytical methods and techniques, units for results of analyses, times of analyses (appendix 5). The facility records initials of the individual performing sampling and analysis. However, it does not identify person overwriting values on the benchsheet (appendix 5).
I observed that the facility permit requires the Whole Effluent Toxicity (WET) testing to be conducted with an effluent dilution series (%) of 24%, 32%, 43%, 57%, and 76% (appendix 4). However, the laboratory report dated November 18-25, 2025, reported a dilution series (%) of 16%, 21%, 29%, 38%, and 51%. These tests do not constitute valid tests required by the permit conditions (appendix 5). The
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City of Truth or Consequences - WWTP NPDES # NM0020681
Inspection Date 01/29/2026 facility also reports these incorrect values in their DMR (appendix 3). I also observed that the facility did not report WET testing results due on 6/30/25 and 12/31/25 (appendix 3).
I observed that the sample for analysis for Acrylonitrile on sample taken on 10/01/2025 was prepared beyond the specified holding time. The laboratory identified the results not meeting regulatory requirements (appendix 5).
The facility does not submit reports to the USEPA and NMED on required report per permit schedule of compliance, Sanitary Sewer Overflows (SSOs), and daily maximum limitation exceedances within 24 hours, as required by the permit (appendix 4).
On May 13, 2025, USEPA issued an Administrative Order (AO) ordering the facility, among other tasks, to submit plans for repair/rehabilitation of their, clarifier weirs and headworks. City manager Gary Whitehead informed me that the facility is on track to get a contract signed to rehabilitate the headworks within 18 months. On February 2, 2026, the USEPA deemed the information provided by the facility to be satisfactory and closed out the AO.
Section III - AREAS OF CONCERN (AOC)
The following areas of concern were identified in this inspection:
1. The facility lacked proper operation and maintenance including that of the headworks,
Williamsburg lift stations, grit chamber, oxidation ditch, and clarifier. a. Note: the USEPA issued Administrative Order (AO) to repair/rehabilitate clarifier, and headworks has been closed out as of February 2, 2026.
2. The facility has not submitted any reports required by permit schedule of compliance, 3. The facility does not report Sanitary Sewer Overflows (SSOs) per the permit requirement, 4. The facility does not have adequate backup power generation, 5. The facility has numerous exceedances of effluent limitations from January 12, 2023, through
January 28, 2026, 6. The facility does not report daily maximum limitation exceedances within 24-hours as required
by the permit, 7. The facility does not appropriately and accurately report discharge monitoring reports (DMRs)
(appendix 5), 8. The facility does not conduct or report Whole Effluent Toxicity (WET) tests as required by the
permit (appendix 3, 4, & 5), 9. The flow is turbulent at both the primary and the secondary flow measuring devices, 10. The facility does not calibrate the desiccator humidity gauge used in the laboratory, nor does it
use desiccator solids, 11. The facility does not record values properly on daily benchsheet with the following missing
information: times of sampling, analytical methods and techniques, units for results of analyses, times of analyses, identification of person overwriting values, 12. The facility does not properly store the pH electrode in the laboratory, 13. The facility does not track the true expiry date of pH buffers after opening, 14. The facility does not service or test the laboratory dilution water generation equipment. 15. Analysis for Acrylonitrile did not meet regulatory requirements.
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City of Truth or Consequences - WWTP NPDES # NM0020681
Inspection Date 01/29/2026 CLOSING CONFERENCE: NMED inspector Nafis Fuad conducted a remote closing conference via Microsoft Teams with the facility's interim water supervisor, Jamie Foreman at 1:30 PM on February 10, 2026, for the inspection. During the closing conference, I reviewed the #1 - #8 Areas of Concern noted during the inspection. Additionally, I noted the additional AOCs #9 - #15 after records review which were not included in the closing conference.
Section IV - FOLLOW UP
I received the following information on 2/23/2026, 3/4/2026, 3/11/2026, after exiting the Facility on 1/29/2026:
1. Schematic of treatment process 2. Submitted and signed DMR copy of submission/record for July & August 2024, October,
November, December 2025; and: a) Laboratory Bench Sheets (handwritten &/or typed) used to construct DMRs listed above. b) Laboratory Analysis Reports used to construct DMRs listed above along with Chain of Custody records c) Microsoft Excel spreadsheets used to construct DMRs listed above. e) Calculation sheets used to calculate volumes for composite samples.
3. WET Testing Laboratory reports for Q2 (due June), Q3 (due September), and Q4 (due December) of 2025.
4. Flow meter logs for October, November, December 2025. 5. Latest Calibration sheets for influent and effluent primary and secondary flow meters. 6. Latest Calibration sheets for laboratory equipment (scales, thermometers, incubators, etc.). 7. A list of Overflow and/or Bypass Summary (if relevant) from January 1, 2024, to present.
Section V - LIST OF APPENDICES
Appendix 1 - Photo Log Appendix 2 - Opening and closing conference sign-in sheets Appendix 3 - Reporting errors and effluent limit exceedances in DMR from January 12, 2023,
through January 28, 2026 Appendix 4 - Permit No. NM0020681 effective 04/01/2022, Part I pages 1, 2, 3, & 4; Part II
pages 2 & 4 Appendix 5 - Example of excerpts/scans of laboratory analysis reports/bench sheets
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City of Truth or Consequences - WWTP NPDES # NM0020681
Inspection Date 01/29/2026
Appendix 1 Photograph Log
11
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 1
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1334
State: New Mexico Date: 1/29/26
Barscreen at the headworks. Automatic feature non-operational, cleaned manually. Refer to AOC #1. 12
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 2
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1337
State: New Mexico Date: 1/29/26
Headworks wet well with excessive fat-oil-grease (FOG). Pump was operating at high level using the float. Refer to AOC #1.
13
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 3
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1340
State: New Mexico Date: 1/29/26
Grit chamber non-operational for approximately 8 years. Refer to AOC #1. 14
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 4
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1341
State: New Mexico Date: 1/29/26
Grit chamber overflow being used at the time of inspection due to inconsistent high flow caused by malfunctioning flow transducer. Refer to AOC #1.
15
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 5
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1343
State: New Mexico Date: 1/29/26
Decommissioned clarifier bottoms are being breached and clarifiers are being filled. 16
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 6
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1346
State: New Mexico Date: 1/29/26
Flow splitter from aeration basin to clarifiers 17
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 7
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1347
State: New Mexico Date: 1/29/26
Flow regulators for the two clarifiers. 18
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 8
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1349
State: New Mexico Date: 1/29/26
Operating aerators in oxidation ditch. Vegetative growth in the oxidation ditch was observed. Refer to AOC #1.
19
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 9
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1350
State: New Mexico Date: 1/29/26
Vegetative growth in the oxidation ditch was observed. Refer to AOC #1. 20
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 10
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1352
State: New Mexico Date: 1/29/26
Vegetative growth in the oxidation ditch was observed. Refer to AOC #1. 21
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 11
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1355
State: New Mexico Date: 1/29/26
Foam/scum/sludge drying beds that are currently not in use and will go under renovation. 22
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 12
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1357
State: New Mexico Date: 1/29/26
North clarifier (#1) not in operation during the inspection due to a recirculating pump failure. Weir crest and launder not level. Refer to AOC #1.
23
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 13
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1359
State: New Mexico Date: 1/29/26
South clarifier (#2) in operation during the inspection. Image shows algae growth at the weir crest and the launder. Refer to AOC #1.
24
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 14
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1361
State: New Mexico Date: 1/29/26
UV chambers housing UV channels.
UV channels
25
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 15
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1365 (cropped)
State: New Mexico Date: 1/29/26
UV control panel showing lamps that are on. 26
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 16
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1366
State: New Mexico Date: 1/29/26
V-notch weir installed at the channel from UV chamber to the primary flow measuring device, Parshall flume. The weir is not used for flow measurement as it was installed as an upstream flow control to reduce turbulence at the flow measuring device.
27
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 17
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1367
State: New Mexico Date: 1/29/26
Primary flow measuring device, Parshall flume. Image shows turbulence at the converging and the throat section of the flume. Image shows that the staff gauge at the throat section is not legible.
28
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 18
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1368
State: New Mexico Date: 1/29/26
Converging section of Parshall flume where the facility has a legible staff gauge and an ultrasonic flow meter installed in order to measure the flow. Image shows turbulence at the converging section of the flume. Refer to AOC #9.
29
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 19
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1370
State: New Mexico Date: 1/29/26
Flow logger for the secondary flow measuring device, ultrasonic flow meter. 30
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 20
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1371
State: New Mexico Date: 1/29/26
Autosampler with a thermometer. 31
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 21
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1373
State: New Mexico Date: 1/29/26
Discharge from the outfall. 32
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 22
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1326
State: New Mexico Date: 1/29/26
Desiccator in the laboratory, not calibrated. Refer to AOC#10. 33
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 23
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1328
State: New Mexico Date: 1/29/26
pH probe in the laboratory is stored in an open Erlenmeyer Flask in storage solution. Image shows crystallization of the storage solution due to expose to the atmosphere. Refer to AOC#12.
34
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 24
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1329
State: New Mexico Date: 1/29/26
pH buffers in the laboratory. Image shows only received dates and opening dates are tracked. True expiry dates after opening are not tracked. Refer to AOC#13.
35
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 25
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1331
State: New Mexico Date: 1/29/26
Dilution water generation equipment in the laboratory. The facility does not service or test the equipment. Refer to AOC#14.
36
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 26
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Jamie Foreman
Image File: 20260311_094448
State: New Mexico Date: 03/11/26
Total Residual Chlorine (TRC) meter used by the facility. Image shows the unit is mg/L. Refer to AOC#7.
37
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 27
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Nafis Fuad
Image File: IMG_1363
State: New Mexico Date: 1/29/26
Facility backup generator which is out of order for over a year from the time of inspection. Refer to AOC#4.
38
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 28
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Jamie Foreman
Image File: image000001 (15)
State: New Mexico Date: 3/11/26
The facility digester for solids from aeration basin and clarifiers. 39
New Mexico Environment Department - Surface Water Quality Bureau
Photograph Log
Photo No. 29
Location City of Truth or Consequences - WWTP
City: Truth or Consequences
County/Parish: Sierra County
Photographer: Jamie Foreman
Image File: image000002 (7)
State: New Mexico Date: 3/11/26
The facility belt-press, not operational during the inspection. 40
City of Truth or Consequences - WWTP NPDES # NM0020681
Inspection Date 01/29/2026
Appendix 2 Opening and closing conference sign-in sheets
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City of Truth or Consequences - WWTP NPDES # NM0020681
Inspection Date 01/29/2026
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City of Truth or Consequences - WWTP NPDES # NM0020681
Inspection Date 01/29/2026
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Appendix 3 Reporting errors and effluent limit exceedances in DMR
from January 12, 2023, through January 28, 2026
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City of Truth or Consequences - WWTP NPDES # NM0020681
Inspection Date 01/29/2026
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City of Truth or Consequences - WWTP NPDES # NM0020681
Inspection Date 01/29/2026
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City of Truth or Consequences - WWTP NPDES # NM0020681
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City of Truth or Consequences - WWTP NPDES # NM0020681
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City of Truth or Consequences - WWTP NPDES # NM0020681
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Values reported in incorrect units
50
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City of Truth or Consequences - WWTP NPDES # NM0020681
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City of Truth or Consequences - WWTP NPDES # NM0020681
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Appendix 4 Permit No. NM0020681 effective 04/01/2022,
Part I pages 1, 2, 3, & 4; Part II pages 2 & 4
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City of Truth or Consequences - WWTP NPDES # NM0020681
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Appendix 5 Example of excerpts/scans of laboratory analysis
reports/bench sheets
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Attachment D Docket Number: CWA-06-2026-1771
Monitoring Period Parameter End Date
2/28/2026 1/31/2026 11/30/2025 10/31/2025 9/30/2025 8/31/2025 7/31/2025 7/31/2025 7/31/2025 7/31/2025 7/31/2025 7/31/2025 6/30/2025 5/31/2025 3/31/2025 3/31/2025 3/31/2025
Oxygen, dissolved [DO] Oxygen, dissolved [DO] Oxygen, dissolved [DO] Oxygen, dissolved [DO] Oxygen, dissolved [DO] Oxygen, dissolved [DO] BOD, 5-day, percent removal BOD, 5-day, 20 deg. C pH Solids, total suspended BOD, 5-day, 20 deg. C Oxygen, dissolved [DO] Oxygen, dissolved [DO] Oxygen, dissolved [DO] Solids, total suspended Oxygen, dissolved [DO] Solids, total suspended
Truth or Consequences NPDES Permit No. NM0020681
Effluent Violations
DMR Value
4.28 5.92 5.66 5.18 4.43 4.38 84.448 414.184 5.62 34.436 67 5.08 4.77 5.44 106 5.8 35.975
Sample Type
Limit Frequency
Grab
Weekly
Grab
Weekly
Grab
Weekly
Grab
Weekly
Grab
Weekly
Grab
Weekly
Calculated
Monthly
6 Hour CompositeWeekly
Grab
Daily
6 Hour CompositeWeekly
6 Hour CompositeWeekly
Grab
Weekly
Grab
Weekly
Grab
Weekly
6 Hour CompositeWeekly
Grab
Weekly
6 Hour CompositeWeekly
Limit Value
6 6 6 6 6 6 85 176 6.6 30 20 6 6 6 45 6 30
Statistical Base Limit Unit
MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MO AV MN 30DA AVG MINIMUM 30DA AVG 30DA AVG MINIMUM MINIMUM MINIMUM 7 DA AVG MINIMUM 30DA AVG
Milligrams per Liter Milligrams per Liter Milligrams per Liter Milligrams per Liter Milligrams per Liter Milligrams per Liter Percent Pounds per Day Standard Units Milligrams per Liter Milligrams per Liter Milligrams per Liter Milligrams per Liter Milligrams per Liter Milligrams per Liter Milligrams per Liter Milligrams per Liter
Percent Exceedance
29 1 6 14 26 27 4 135
15 235 15 21
9 136
3 20
Attachment E Docket Number: CWA-06-2026-1771
City of Truth or Consequences NM0020681
DMR Non-Receipt Violations
Monitoring Period End
Date 12/31/2025 12/31/2025 12/31/2025 12/31/2025 12/31/2025 12/31/2025 12/31/2025 12/31/2025 12/31/2025 12/31/2025 12/31/2025 12/31/2025 12/31/2025 12/31/2025 06/30/2025 06/30/2025 06/30/2025 06/30/2025 06/30/2025 06/30/2025 06/30/2025 06/30/2025 06/30/2025 06/30/2025 06/30/2025 06/30/2025 06/30/2025 06/30/2025
DMR Due Date
Jan 15, 2026 Jan 15, 2026 Jan 15, 2026 Jan 15, 2026 Jan 15, 2026 Jan 15, 2026 Jan 15, 2026 Jan 15, 2026 Jan 15, 2026 Jan 15, 2026 Jan 15, 2026 Jan 15, 2026 Jan 15, 2026 Jan 15, 2026 Jul 15, 2025 Jul 15, 2025 Jul 15, 2025 Jul 15, 2025 Jul 15, 2025 Jul 15, 2025 Jul 15, 2025 Jul 15, 2025 Jul 15, 2025 Jul 15, 2025 Jul 15, 2025 Jul 15, 2025 Jul 15, 2025 Jul 15, 2025
DischDesig
TX1-Q
Parameter Desc Pass/Fail Static Renewal 7 Day Chronic Ceriodaphnia dubia
TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q
Pass/Fail Static Renewal 7Day Chronic Pimephales promelas
Low Flow Pass/Fail Survival Test Static Renewal 7 Day Chronic Ceriodaphnia dubia
Low Flow Pass/Fail Survival Test Static Renewal 7 Day Chronic Pimephales promelas
NOEC Lethal Static Renewal 7 Day Chronic Ceriodaphnia dubia
NOEC Lethal Static Renewal 7 Day Chronic Pimephales promelas
NOEC Sub-Lethal Static Renewal 7 Day Chronic Ceriodaphnia dubia
NOEC Sub-Lethal Static Renewal 7 Day Chronic Pimephales promelas
Coef Of Var Static Renewal 7Day Chronic Ceriodaphnia dubia
Coef Of Var Static Renewal 7Day Chronic Pimephales promelas
LOEC Lethal Survival Static Renewal 7 Day Chronic Ceriodaphnia dubia
LOEC Lethal Survival Static Renewal 7 Day Chronic Pimephales promelas
LOEC Sub-Lethal Reproduction Static Renewal 7 Day Chronic Ceriodaphnia dubia
LOEC Sub-Lethal Reproduction Static Renewal 7 Day Chronic Pimephales promelas
Pass/Fail Static Renewal 7 Day Chronic Ceriodaphnia dubia
TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q TX1-Q
Pass/Fail Static Renewal 7Day Chronic Pimephales promelas
Low Flow Pass/Fail Survival Test Static Renewal 7 Day Chronic Ceriodaphnia dubia
Low Flow Pass/Fail Survival Test Static Renewal 7 Day Chronic Pimephales promelas
NOEC Lethal Static Renewal 7 Day Chronic Ceriodaphnia dubia
NOEC Lethal Static Renewal 7 Day Chronic Pimephales promelas
NOEC Sub-Lethal Static Renewal 7 Day Chronic Ceriodaphnia dubia
NOEC Sub-Lethal Static Renewal 7 Day Chronic Pimephales promelas
Coef Of Var Static Renewal 7Day Chronic Ceriodaphnia dubia
Coef Of Var Static Renewal 7Day Chronic Pimephales promelas
LOEC Lethal Survival Static Renewal 7 Day Chronic Ceriodaphnia dubia
LOEC Lethal Survival Static Renewal 7 Day Chronic Pimephales promelas
LOEC Sub-Lethal Reproduction Static Renewal 7 Day Chronic Ceriodaphnia dubia
LOEC Sub-Lethal Reproduction Static Renewal 7 Day Chronic Pimephales promelas
Statistical Base Desc VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE
Permit Limit Value Limit Unit
Report pass=0;fail=1 Report pass=0;fail=1 Report pass=0;fail=1 Report pass=0;fail=1 Report % Report % Report % Report % Report % Report % Report % Report % Report % Report % Report pass=0;fail=1 Report pass=0;fail=1 Report pass=0;fail=1 Report pass=0;fail=1 Report % Report % Report % Report % Report % Report % Report % Report % Report % Report %
Vio Code
D80
DMR Form Submitted
?
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
D80
No
DMR Value Type Code
C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3