Document emYpnJXBwVXGegEzDw2NpD2w9

March , 2025 TRANSMITTED VIA E-MAIL Latricia Sanchez Farnsworth Orthodontics 205 E. Llano Estacado Blvd. Suite C Clovis, New Mexico 88101 clovisfd@farnsworthorthodontics.com Re: Administrative Order, Docket Number: CWA-06-2025-1731 Dental Practitioner: Latricia Sanchez, Farnsworth Orthodontics (NMU002210) Dear Sanchez: Enclosed is an Administrative Order (Order) issued by the United States Environmental Protection Agency, Region 6 (EPA) concerning the National Effluent Limitation Guidelines for the Dental Office Point Source Category at 40 C.F.R. 441 which was promulgated July 14, 2017. The Order requires Latricia Sanchez (Respondent) to comply with the provisions set forth in the attached Order. EPA requests that Respondent immediately confirm receipt of this email and attached Order by a response email to David Montoya Jr. at montoya.david01@epa.gov. The Order is being issued to Respondent for violations of the Clean Water Act (CWA) 33 U.S.C. 12511387. The EPA finds that Respondent has not submitted a One-Time Compliance Report (OTCR) as required by 40 C.F.R. 441.50(a)(1). The Order 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 Order. EPA is committed to ensuring compliance with the requirements of the national effluent limitation guidelines program, and my staff will assist you in any way possible. Please reference the Administrative Order Docket Number CWA-06-2025-1731 in your response. Cover Letter - Docket Number CWA-06-2025-1731 Page 2 of 2 If you need assistance, or have questions regarding the Order, please contact David Montoya Jr., of my staff, at 214-665-6478 or montoya.david01@epa.gov Sincerely, Enclosure Cheryl T. Seager, Director Enforcement and Compliance Assurance Division ec: Ms. Shelly Lemon Bureau Chief Surface Water Quality Bureau New Mexico Environment Department shelly.lemon@env.nm.gov Susan Lucas-Kamat Program Manager Point Source Regulation Section Surface Water Quality Bureau New Mexico Environment Department susan.lucaskamat@env.nm.gov UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2025-1731; Farnsworth Orthodontics - NMU002210 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 of EPA Region 6, who further delegated such authority to the Director of the Enforcement and Compliance Assurance Division. FINDINGS 1. Latricia Sanchez (Respondent) is a "person," as that term is defined at Section 502(5) of the Act, 33 U.S.C. 1362(5). 2. At all times relevant to the violation alleged herein, Respondent owned or operated Farnsworth Orthodontics (facility) located at 205 E. Llano Estacado Blvd., Suite C, Clovis, Curry County, New Mexico 88101, which discharged wastewater into a publicly owned treatment works, and was, therefore, a Dental Discharger as defined at 40 C.F.R. 441.20(e). 3. At all times relevant to this Order, the facility acted as a Dental Discharger and as a result, Respondent and the facility were subject to Section 307(d) of the Act and National Effluent Limitation Guidelines (ELG) for the Dental Office Point Source Category at 40 C.F.R. 441. The Dental Office ELG was promulgated July 14, 2017, and required pretreatment standards compliance by July 14, 2020. 4. 40 C.F.R. 441.50(a)(1) requires all existing Dental Dischargers to submit a One-Time Compliance Report (OTCR) to EPA by October 12, 2020. 5. The OTCR must be signed and certified by a responsible corporate officer, a general partner or proprietor if the dental discharger is a partnership or sole proprietorship, or a duly authorized representative in accordance with the requirements of 40 C.F.R. 403.12(l). 6. As of the date of this Order, Respondent has failed to submit the OTCR to EPA in violation of 40 C.F.R. 441.50(a)(1). SECTION 309(a)(3) COMPLIANCE ORDER 7. Based on the foregoing Findings and pursuant to the authority of Section 309(a)(3) of the Act, EPA hereby orders Respondent to take the following action: A. Within thirty (30) days of the effective date of this Order, Respondent shall submit a OTCR to EPA in accordance with 40 C.F.R. 441.50(a)(1). See EPA's OTCR form, included as Attachment A. Respondent shall submit the OTCR to the following EPA representative: David Montoya Jr., as listed below. The OTCR may be submitted via email. B. To ask questions, comment on this matter, or submit the OTCR via email, please contact Mr. David Montoya Jr., of my staff, at 214-907-0638 or montoya.david01@epa.gov. C. The OTCR and any information or correspondence submitted by Respondent to EPA under this Order shall be addressed to the following: David Montoya Jr U.S. Environmental Protection Agency, Region 6 Water Enforcement Branch (ECD-WM) 1201 Elm Street, Suite 500 Dallas, TX 75270 montoya.david01@epa.gov GENERAL PROVISIONS Issuance of this Section 309(a)(3) Compliance Order shall not be deemed an election by EPA to forego any administrative or judicial, civil, or criminal action to seek penalties, fines, or any other relief appropriate under the Act for the violations cited herein, or other violations that become known. EPA reserves the right to seek any remedy available under the law that it deems appropriate. Docket Number CWA-06-2025-1731 Page 2 of 2 Respondent may seek federal judicial review of this Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706. 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. 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 Paragraph 7 is restitution, remediation, or requirements to come into compliance with the law. Compliance with the terms and conditions of this Order does not relieve Respondent of its obligations 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. March , 2025 Date Cheryl T. Seager, Director Enforcement and Compliance Assurance Division