Document dYQqw2dYkxVRYgx67DeqOYmRb

"'..,.,./1 ~"\ED ST..q~ ."~- "' UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ~ ~ ~ REGION6 ~ ~ 1445 ROSS AVENUE, SUITE 1200 \ ~ ;,"' DALLAS, TEXAS 75202-2733 <.<'..z, "'0 l'.ql PR01~c, JAN 0 ~ 2fil8 CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7014 0150 0000 2454 3718 Mr. Mike Colletto Rio de Arenas Mobile Home Park, LLC P.O. Box 1649 Oakdale, CA 95361 Re: Administrative Order; Docket Nwnber: CWA-06-2018-1723 NPDES Permit Number: NM0027375 Dear Mr. Colletto: Enclosed is an Administrative Order (AO) issued to Rio de Arenas Mobile Home Park, LLC for violation of the Clean Water Act (CWA) (33 U.S.C. 1251-1387). The violation was identified during a review of the permit file for your Rio de Arenas Wastewater Treatment Plant for the Rio de Arenas Mobile Home Park. The violation alleged is for failure to submit required Discharge Monitoring Repmis. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within thitiy days of receipt of the AO. The AO also contains other compliance deadlines and certain information. The Environmental Protection Agency, Region 6 (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-06-2018-1723 and NPDES Permit Nwnber NM0027375 on your response. If you have any questions, please contact Ms. Rachel Matthews, of my staff, at (214) 665-8589. Enclosure Cheryl T. Seager Director Compliance Assurance and Enforcement Division Re: Administrative Order 2 Rio de Arenas Mobile Home Park, LLC cc: Mr. William Perkins Registered Agent for Rio de Arenas Mobile Home Park, LLC 1311 N. Grant St. Silver City, NM 88061 Ms. Shelly Lemon, Acting Chief Surface Water Quality Bureau New Mexico Environment Depmiment P.O. Box 5469 Santa Fe, NM 87502-5469 Mr. Manny Orosco, Operator Rio de Arenas Mobile Home Park 3 Rio de Arenas Road, Space G2 Silver City, NM 88061 Mr. Robert Merchant Registered Agent CCI Investments, LLC 144 S. Filst Ave. Oakdale, CA 95361 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 In the Matter of Rio de Arenas Mobile Home Park, LLC Respondent Permit No. NM0027375 Docket No. CWA-06-2018-1723 FINDINGS OF VIOLATION AND ORDER FOR COMPLIANCE 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 delegated the authority to issue this Order to the Regional Administrator ofEPA Region 6, who further delegated this authority to the Director of the Compliance Assurance and Enforcement Division. Findings 1. Rio de Arenas Mobile Home Park, LLC ("Respondent") is a limited liability company, which was incorporated under the laws of the State of New Mexico, and as such, 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 the Rio de Arenas wastewater treatment plant, located at the Rio de Arenas Mobile Home Park, Arenas Valley, Grant County, New Mexico ("facility"), and was, therefore, an "owner or operator" within the meaning of 40 C.F.R. 122.2. Docket No. CWA-06-20 18-1723 Page2 3. At all relevant times, the facility acted as a "point source" of a "discharge" of "pollutants" with its wastewater discharge to the receiving waters of Rio de Arenas, an intermittent stream; thence to San Vicente Arroyo, a natmally ephemeral stream in the Mimbres River Closed Basin; which are a "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 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 somces to waters of the United States. Any such discharge is subject to the specific terms and conditions prescribed in the applicable permit. 7. Respondent purchased the facility on December 10, 2014, thereby taking over responsibility of the NPDES Permit No. NM0027375 ("permit") issued under Section 402 of the Act, 33 U.S.C. 1342, which became effective on June 1, 2015. On July 18, 2017, EPA issued a minor modification ofthe permit reflecting the transfer of the permit for Rio de Arenas wastewater