Document a48QyNE1E8gdMgjGwMjazvB7y

TRANSMITTED VIA EMAIL October 29, 2025 Mr. Mark Flores Assistant Town Manager Town of Taos 400 Camino de la Placita Taos, New Mexico 87571 mflores@taosnm.gov Re: Administrative Order, Docket Number: CWA-06-2026-1710 Town of Taos, NM NPDES Permit Number: NM0024066 Dear Mr. Flores: On October 9, 2025, our office received a request to extend due dates for several tasks in the schedule of compliance of Administrative Order (AO), Docket Number CWA-06-2024-1766, issued to the Town of Taos Wastewater Treatment Facility (WWTF) on June 10, 2024. A previous extension of due dates to the AO was issued on December 12, 2024, after receiving a request on December 5, 2024. While the Environmental Protection Agency (EPA) Region 6 agrees to a revised timeline, a new AO is necessary to be issued with extensions to several due dates. Enclosed is AO Docket Number CWA-062026-1710 issued to the Town of Taos WWTF, for violations of the Clean Water Act (CWA) (33 U.S.C. 1251 et seq.), which replaces AO Docket Number CWA-06-2024-1766. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is on November 17, 2025. The EPA Region 6 is committed to ensuring compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) program. My staff will assist you where possible. Please reference AO Docket Number CWA-062026-1710 and NPDES Permit Number NM0024996 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 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 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2026-1710; Permit Number: NM0024066 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. FINDINGS 1. The Town of Taos Wastewater Treatment Facility (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 wastewater treatment plant located at 182 Los Cordovas Road, Rancho de Taos, in Taos 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 an unnamed arroyo in Waterbody Segment Code No. 20.6.4.98, thence to the Rio Pueblo de Taos, of the Rio Grande Basin in the Waterbody Segment Code No. 20.6.4.122, which are 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. 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. NM0024066 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which became effective on November 1, 2025. At all relevant times of permit effectiveness, 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. Respondent is not authorized to discharge pollutants from the facility to waters of the United States without permit coverage. 9. Part I.A. of the 2018 permit placed certain limitations on the quality and quantity of effluent discharged by Respondent. 10. 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. 11. The permit requires Respondent to file certified Discharge Monitoring Reports (DMRs) of the results of monitoring. DMRs filed by Respondent show discharges of pollutants that exceed the effluent limitations. 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. 12. Each violation of the conditions of the permit, or regulations described above, is a violation of Section 301 of the Act, 33 U.S.C. 1311. 13. On November 20, 2023, EPA issued Administrative Order ("Original AO") (herein incorporated by reference), Docket Number CWA-06-2024-1702, which cited the late permit application and the effluent limit violations. The Original AO required Respondent to eliminate cited violations or submit a plan to eliminate violations. CWA-06-2026-1710 Page | 2 14. Respondent submitted a plan on December 19, 2023, which was incorporated into a schedule of compliance into AO, Docket Number CWA-06-2024-1720, issued on January 30, 2024. 2. Submit Final Pollution Mitigation Plan December 15, 2025 3. Submit the final Preliminary December Engineering Report 15, 2025 15. On May 8, 2024, our office received a request to revise the schedule timelines in AO Docket Number CWA-06-2024-1720. The reason for the request was due to a delay in completing the technical memo, resulting in most tasks falling behind schedule. EPA approved the revised schedule, which was incorporated into AO Docket Number CWA-06-2024-1766. That AO replaced the previous AO. 16. On December 5, 2024, our office received another request to revise timelines for multiple tasks in the schedule incorporated into AO Docket Number CWA-06-2024-1766. The request was due to wastewater treatment plant upgrade priorities and to allow for approval of funding mechanisms. The request was approved through a letter, issued on December 12, 2024, modifying several dates in the schedule of AO Docket Number CWA-06-2024-1766. 17. Since approval of those extension requests, our office has received several emails from the city's contract operator regarding tasks not yet completed and the need for more time. 18. On October 9, 2025, Respondent submitted a request to revise several tasks and priorities in the AO Docket Number CWA-06-2024-1766. See attachment A, incorporated herein. 19. EPA has reviewed the request and approves the revisions. An updated schedule has been incorporated into this AO, which replaces the previous AO. 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: Submit engineering plans - with cost estimates, indicating the design is 4. 100% complete by the contracted firm for the septic receiving station by due date, or within 5 days of receipt, whichever is sooner. Complete the relocation of new septic receiving station and closure of 5. current location. Submit a Project Completion Report by due date. Alternatively, submit results of Capital Outlay funding request and updated plans for receiving station. January 5, 2026 March 30, 2027 C. Project Completion Reports, where required, shall include: 1) A detailed description of the project task as implemented, 2) A description of any operating problems encountered, and the solutions thereto, 3) Documented and itemized costs (in spreadsheet format) of the project tasks (including but not limited to labor, equipment rentals/purchased, materials purchased, etc.), and 4) Photographs of project activities. D. In the Project Completion 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. TASK Submit a Project Completion Report 1. showing installation of 2nd half of membrane modules is complete. DUE DATE November 17, 2025 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 CWA-06-2026-1710 Page | 3 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. F. To arrange a meeting, or to ask questions or comment on this matter, please contact Rachel Matthews, of my staff, at (214) 665-8589. The effective date of this Order is the date it is received by the Respondent. Cheryl T. Seager, Director Enforcement and Compliance Assurance Division G. All information, and/or correspondence, shall be electronically submitted to: Ms. Rachel Matthews matthews.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. 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. For purposes of the identification requirement in Section 162(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. 162(f)(2)(A)(ii), and 26 C.F.R. 1.162-21(b)(2), performance of [insert applicable Sections/Paragraphs to be identified] is restitution, remediation, or required to come into compliance with the law. Attachment A Administrative Order, Docket Number: CWA-06-2026-1710