Document gakRz9nkm9r3ry7RybND4MV73

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 FFIILLEEDD 19 MAR 26 AM 10:09 REGIONAL HEARING CLERK EPA REGION 6 IN THE MATTER OF: City of Rio Rancho, New Me)(ico Respondent Facility Identification No. NM0027987 DOCKET NO. CWA-06-2025-1737 COMPLAINT, CONSENT AGREEMENT AND FINAL ORDER Class II Administrative Penalty Proceeding under Section 309{g) of the Clean Water Act, 33 U.S.C. 1319(g), and 40 C.F.R. 22.13(b) and 22.18 CONSENT AGREEMENT L. AUTHORITY AND PARTIES 1. This is a Class II civil administrative penaltyproceeding under Section 309{g)(l)(A) and 2(B) of the Clean Water Act (CWA), 33 U.S.C. 1319(g)(l)(A) and 2(8), and 40 C.F.R. Part 22 (Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits). 2. Pursuant to Section 309(g) of the CWA, 33 U.S.C. 1319(g), the Administrator of the United States Environmental Protection Agency (EPA) is authorized to assess administrative penalties against any person who has violated, inter alia, Section 301(a) of the CWA, 33 U.S.C. 131l(a), or who has violated any permit condition or limitation implementing any of such sections in a permit issued under Section 402 of the CWA, 33 U.S.C. 1342. The Administrator of EPA delegated authority to issue this Complaint, Consent Agreement and Final Order to the Regional Administrator of EPA Region 6, who in turn has delegated this authority to the Director of the Enforcement and Compliance Assurance Division (Complainant). 3. Respondent is the City of Rio Rancho in the State of New Me)(ico. 4. This Consent Agreement and Final Order (CAFO), which contains the elements of a complaint required by 40 C.F.R. 22.14(a), simultaneously commences and concludes this penalty proceeding, as authorized by 40 C.F.R. 22.13(b) and 22.18(b)(2) and (3). NOW THEREFORE, before the taking of any testimony, without adjudication of any issue of fact or law, and upon consent by EPA and Respondent, it is hereby STIPULATED, AGREED, AND ORDERED: Docket No. CWA-06-2025-1737 Page 2 !1 STATUTORY AND REGULATORY FRAMEWORK 5. Section 30l{a) of the CWA, 33 U.S.C. 13ll(a), makes it unlawful for a person to discharge pollutants from a point source into waters of the United States, except as authorized and in compliance with a National Pollutant Discharge Elimination System {NPDES) permit issued pursuant to CWA Section 402, 33 U.S.C. 1342. 6. Section 402{a) of the CWA, 33 U.S.C. 1342(a), establishes the NPDES program and authorizes the EPA and authorized states to issue permits governing the discharge of pollutants from point sources into waters of the United States. Any such discharge is subject to the specific terms and conditions prescribed in the applicable permit. 7. Pursuant to Section 309(g){2){B) of the CWA, 33 U.S.C. 1319{g){2){B), and 40 C.F.R. Part 19.4, the EPA may assess a Class II civil administrative penalty of up to $27,378 per day of violation, not to exceed $342,218 in total, against any person that has violated Section 301{a) or has violated any permit condition or limitation of a permit issued under Section 402 of the CWA that occurred after November 2, 2015, where penalties are assessed on or after January 8, 2025. !!1 JURISDICTIONAL ALLEGATIONS 8. Respondent is a municipality chartered 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. 9. At all times relevant to this action {all relevant times). Respondent owned or operated a municipal wastewater treatment plant (WWTP) located at 101 Industrial Park Loop, Rio Rancho, Sandoval County, New Mexico {facility), and was, therefore, an "owner or operator" within the meaning of 40 C.F.R. 122.2. 10. At all relevant times, the facility was a " publicly owned treatment works" {POTW) within the meaning of Section 212(2) of the Act, 33 U.S.C. 1292(2) and 40 C.F.R. 403.3. IV. FACTUAL ALLEGATIONS 11. At all relevant times, the facility acted as a "point source" of a "discharge" of "pollutants" with its wastewater discharging into the receiving waters named the Rio Grande River in Segment 20.6.4.106 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. 12. Because Respondent ow ned 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 CWA and the NPDES program. Docket No. CWA-06-2025-1737 Page3 13. Respondent applied for and was issued NPDES Permit No. NM0027987 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which became effective on August l, 2021, and expires on July 31, 2026. 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. 14. Part I.A of the permit (Limitations and Monitoring Requirements) requires Respondent to sample and test its effluent and monitor its compliance with permit conditions according to specific procedures, to determine the facility's compliance or noncompliance with the permit and applicable regulations. Parts I.C and I.D of the permit also require Respondent to file with EPA certified Discharge Monitoring Reports (DMRs) of the results of monitoring, and Overflow Reports when appropriate. 15. Part 111.A.2 of the permit states that Respondent has a duty to comply with all conditions of the permit, and that any permit noncompliance constitutes a violation of the Act. 16. Part 111.B.2 of the permit requires the Respondent to take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 17. Part 111.B.3 of the permit requires Respondent 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. 18. Certified OMRs filed by Respondent with EPA in compliance with the permit show discharges of pollutants from the facility that exceed the permitted effluent limitations established in the permit, as specified in Attachment A, which is incorporated herein by reference, in violation of Part I.A of the permit. 19. Overflow Reports filed by Respondent with EPA in compliance with the permit show that on fifteen occasions from November 2022 through June 2025, Respondent released in total approximately 259,950 gallons of untreated sewage from its facility at locations other than the WWTP outfalls, as specified in Attachment B, which is incorporated herein by reference. Such releases from the collection system are known as "sanitary sewer overflows" or "SSOs." The SSOs were the result of blockages, structural defects, line breaks and other deficiencies in Respondent's facility arising from Respondent's failure to minimize/prevent discharges and properly operate and maintain its facility in violation of Parts 111.B.2 and 111.B.3 of the permit. 20. Each discharge that exceeded an effluent limitation in Respondent's permit is a violation of the permit. Docket No. CWA-06-2025-1737 Page4 21. Each unauthorized discharge is a violation of Section 301(a) of the CWA, 33 U.S.C. 1311(a). V. ADMINISTRATIVE PENALTY 22. In consideration of the penalty factors of Section 309(g) of the CWA, 33 U.S.C. 1319(g), Respondent agrees to a civil penalty in the amount of one hundred and fifteen thousand dollars ($115,000) (Assessed Penalty) within thirty (30) days after the date of the Final Order ratifying this Agreement is filed with the Regional Hearing Clerk. 23. Respondent shall pay the Assessed Penalty and any interest, fees, and other charges due using any method, or combination of appropriate methods, as provided on the EPA website: https://www.epa.gov/financial/makepayment. For additional instructions see: h t t p s : / / w w w.epa.gov/ f i nanciaI /add i t ional-instruction s-making-payments-e pa . 24. When making a payment, Respondent shall: a. Identify every payment with Respondent's name and the docket number of this Agreement, CWA-06-2025-1737, b. Concurrently with any payment or within 24 hours of any payment, Respondent shall serve proof of such payment to the following person(s) : Regional Hearing Clerk (ORCD) U.S. EPA, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270-2102 vaughn.lorena@epa.gov Roberto Bernier Supervisor, Municipal & Industrial Wastewater Section (ECOWM) U.S. EPA, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270-2102 bernier.roberto@epa.gov Docket No. CWA-06-2025-1737 Pages Kristine Talbot Acting Manager, Water Legal Branch (ORCEW) U.S. EPA, Region 6 1201 Street, Suite 500 Dallas, TX 75270-2102 talbot.kristine@epa.gov and U.S. Environmental Protection Agency Cincinnati Finance Center Via electronic mail to: cinwd_acctsreceivable@epa.gov "Proof of payment" means, as applicable, a copy of the check, confirmation of credit card or debit card payment, or confirmation of wire or automated clearinghouse transfer, and any other information required to demonstrate that payment has been made according to EPA requirements, in the amount due, and identified with the appropriate docket number and Respondent's name. c. Interest, Charges, and Penalties on Late Payments. Pursuant to 31 U.S.C. 3717, 31 C.F.R. 901.9, and 40 C.F.R. 13.11, if Respondent fails to timely pay the full amount of the Assessed Penalty per this Agreement, EPA is authorized to recover, in addition to the amount of the unpaid Assessed Penalty, the following amounts. i. Interest. Interest begins to accrue from the Filing Date. If the Assessed Penalty is paid in full within thirty (30) days, interest accrued is waived. If the Assessed Penalty is not paid in full within thirty (30) days, interest will continue to accrue until any unpaid portion of the Assessed Penalty as well as any interest, penalties, and other charges are paid in full. To protect the interests of the United States the rate of interest is set at the IRS large corporate underpayment rate, any lower rate would fail to provide Respondent adequate incentive for timely payment. ii. Handling Charges. Respondent will be assessed monthly a charge to cover EPA's costs of processing and handling overdue debts. If Respondent fails to pay the Assessed Penalty in accordance with this Agreement, EPA will assess a charge to cover the costs ofhandling any unpaid amounts for the first thirty (30) day period after the Filing Date. Additional handling charges will be assessed every thirty (30) days, or any portion thereof, until the unpaid portion of the Assessed Penalty as well as any accrued interest, penalties, and other charges are paid in full. Docket No. CWA-06-2025-1737 Page6 iii. Late Payment Penalty. A late payment penalty of six percent (6%) per annum, will be assessed monthly on all debts, including any unpaid portion of the Assessed Penalty, interest, penalties, and other charges, that remain delinquent more than ninety {90) days. Any such amounts will accrue from the Filing Date. d. Late Penalty Actions. In addition to the amounts described in the prior Paragraph, if Respondent fails to t imely pay any portion of the Assessed Penalty, interest, or other charges and penalties per this Agreement, EPA may take additional actions. Such actions EPA may take include, but are not limited to, the following. i. Refer the debt to a credit reporting agency or a collection agency, per 40 C.F.R. 13.13 and 13.14. ii. Collect the debt by administrative offset (i.e., the withholding of money payable by the United States government to, or held by the United States government for, a person to satisfy the debt the person owes the United States government), which includes, but is not limited to, referral to the Internal Revenue Service for offset against income tax refunds, per 40 C.F.R. Part 13, Subparts C and H. iii. Suspend or revoke Respondent's licenses or other privileges or suspend or disqualify Respondent from doing business with EPA or engaging in programs EPA sponsors or funds, per 40 C.F.R. 13.17. iv. Refer this matter to the United States Department of Justice for litigation and collection, per 40 C.F.R. 13.33. e. Allocation of Payments. Pursuant to 31 C.F.R. 901.9(f) and 40 C.F.R. 13.ll(d), a partial payment of debt will be applied first to outstanding handling charges, second to late penalty charges, third to accrued interest, and last to the principal that is the outstanding Assessed Penalty amount. 25. Tax Treatment of Penalties. Penalties, interest, and other charges paid pursuant to this Agreement shall not be deductible for purposes of federal taxes. 26. Respondent shall not allow any other person to deduct any penalties and interest paid under this CAFO from federal, state, or local taxes. 27. Pursuant to Section 309(g)(9) of the CWA, 33 U.S.C. 1319(g)(9), if Respondent fails to pay the assessed penalty on time, the EPA may request the U.S. Department of Justice to bring a civil action to recover the overdue amount, plus interest at currently prevailing rates from the Effective Date of this CAFO. In such an action, the validity, amount, or appropriateness of the assessed penalty shall not be subject to review. In addition to any assessed penalty and interest, Respondent shall pay attorney fees, costs for collection proceedings, and a quarterly nonpayment penalty, which shall equal 20% of the aggregate amount of Respondent's penalties and nonpayment penalties that are unpaid as of the Docket No. CWA-06-2025-1737 Page 7 beginning of such quarter, for each quarter during which such failure to pay persists. The EPA may also take other debt collection actions as authorized by law, including, but not limited to, the Debt Collection Act, 33 U.S.C. 3711, and 33 C.F.R. Part 13. VI. APPLICABILITY 28. This CAFO shall apply to and be binding on Respondent, Respondent's officers, directors, partners, agents, employees, contractors, successors, and assigns. Action or inaction of any persons, firms, contractors, employees, agents, or corporations acting under, though, or for Respondent shall not excuse any failure of Respondent to fully perform its obligations under this CAFO. Changes in ownership, real.property interest, or transfer of personal assets shall not alter Respondent's obligations under this CAFO. VII. RESPONDENT'S ADMISSIONS AND WAIVERS 29. In accordance with 40 C.F.R. 22.18(b)(2), for the purpose of this proceeding only, Respondent: a. admits the jurisdictional allegations set forth in Section Ill of the CAFO; b. neither admits nor denies specific factual allegations set forth in Section IV of the CAFO; c. consents to all conditions specified in this CAFO and to the assessment of the civil administrative penalty set forth in Section V of the CAFO; d. waives any right to contest the allegations set forth in Section Ill and IV ofthis CAFO; and e. waives its right to appeal this proposed Final Order. VIII. RESERVATION OF RIGHTS 30. In accordance with 40 C.F.R. 22.181c), full payment of the penalty set forth in this CAFO only resolves Respondent's CWA civil penalty liabilities for the violations specifically alleged herein and does not in any case affect the right of the EPA to pursue appropriate injunctive or other equitable relief or criminal sanctions for any violations of law. 31. This CAFO is not a permit or modification of any existing permit issued pursuant to any federal, state, or local laws or regulations, and shall in no way relieve or affect Respondent's obligations under any applicable federal, state, or local laws, regulations, or permits. IX. ATTORNEYS FEES AND COSTS 32. Unless otherwise specified, each party shall bear its own attorney's fees and costs. Docket No. CWA-06-20251737 Page 8 X. EFFECTIVE DATE AND TERMINATION 33. In accordance with C.F.R. 22.18(b)(3) and 22.31(b), the Effective Date of this CAFO is the date that the Final Order, having been signed by the Regional Judicial Officer, is filed with the Regional Hearing Clerk. This CAFO shall terminate when Respondent has complied with the requirements of this CAFO in full. PUBLIC NOTICE 34. Pursuant to Section 309(g)(4) of the CWA, 33 U.S.C. 1319(g)(4). and 40 C.F.R. 22.4S(b), this Consent Agreement is subject to public notice and comment prior to issuance of the proposed Final Order. Complainant reserves the right to withhold or withdraw consent of this Consent Agreement if public comments disclose relevant and material information that was not considered by Complainant in entering into this Consent Agreement. Respondent may withdraw from this Consent Agreement only upon receipt of written notice from EPA that it no longer supports entry of this Consent Agreement. 35. Pursuant to Section 309(g)(l) of the CWA, 33 U.S.C. 1319(g)(l), the EPA has consulted with the State of New Mexico regarding this penalty action. For Respondent Date City of Rio Rancho, a municipal corporation For Complainant the U.S. Environmental Protection Agency, Region 6 January 22, 2026 Date Digitally signed by CHERYL SEAGER Date: 2026.01.22 12:49:38 -06'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Docket No. CWA-062025-1737 Page 9 FINAL ORDER IT IS HEREBY ORDERED that this Consent Agreement and Final Order (U.S. EPA Docket No. CWA- 062025-1737) be entered, and that Respondent shall pay a civil penalty in the amount of one hundred and fifteen thousand dollars ($115,000) in accordance with the terms of this Consent Agreement and Final Order. Date .~ ~ ~r ?Y-'1,2~~e~/l ~' 72.y /,.v1 d___ Regional Judicia Officer U.S. EPA, Region 6 Docket No. CWA-06-2025-1737 Page 10 CERTIFICATE OF SERVICE I certify that the foregoing Complaint, Consent Agreement and Final Order was delivered to the Regional Hearing Clerk, U.S. EPA, Region 6, 1201 Elm Street, Dallas, Texas 75270-2102 via email at vaughn.lorena@epa .gov, andthat a true and correct copy was sent this day in the following manner to the addresses: Copy by email: Honorable Greggory D. Hull Mayor, City of Rio Rancho c/o Matthew Geisel, City Manager 3200 Civic Center Circle NE Rio Rancho, NM 87144 ghull@rrnm.gov mgeisel@rrnm.gov Shelly lemon Surface Water Quality Bureau Chief New Mexico Environment Department Francis Drive, Suite N4050 Santa Fe, New Mexico 87505 shelly.lemon@env.nm.gov Ellen Chang Regional Counsel U.S. EPA, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270-2102 Dated: chang.ellen@epa. ~ ~ ~ ~ .~ )I 9[w;;J__{,, ( I ~~ Attachment A City of Rio Rancho WWTP . NPDES Permit ID No. NM0027987 Date Nov-22 Nov-22 Jan-23 Feb-23 Feb-23 Jun-23 Jun-23 Sep-23 Oct-23 Jan-24 Mar-24 Apr-24 Jul-24 Sep-24 Dec-24 Dec-24 Jan-25 Jan-25 Feb-25 Apr-25 Apr-25 Apr-25 May-25 May-25 May-25 May-25 May-25 May-25 May-25 May-25 May-25 May-25 May-25 May-25 Parameter - Oil & Grease OMR Limit %Exceed Unit I Value Value 11 10 10% mg/l Oil & Grease 38 15 153% mg/l E.coli 108 88 23% CFU/lOOml Chlorine, total residual 18 11 64% ug/L E.coli 579 88 558% CFU/lOOml E.coli 115 88 31% CFU/lOOml Chlorine, total residual 45 11 309% ug/l E.coli 114 88 30% CFU/lOOml E.coli 110 88 25% CFU/lOOml Chlorine, total residual 96 11 773% ug/L E.coli 137 88 56% CFU/lOOml E.coli 135 88 53% CFU/lOOml E. coli 2,076 88 2259% CFU/lOOml E.coli 101 88 15% CFU/lOOml E. coli 93 88 6% CFU/lOOml Nitrogen, ammonia total (as NI 4 2 73% mg/l E. coli 1,046 88 1089% CFU/lOOmL Nitrogen, ammonia total [as NJ 3 2 31% mg/L Chlorine, totaI residual 218 11 1882% ug/l E.coli 88 90 2% CFU/lOOmL Nitrogen, ammonia total (as N) 2 8 293% mg/L Nitrogen, ammonia total (as NJ 146 421 188% lb/d BOD, 5-day, 20 deg. C 10 23 130% mg/L BOD, 5-day, 20 deg. C 15 63 320% mg/L E.coli 47 58 23% CFU/lOOml E.coli 88 19,863 22472% CFU/lOOml Nitrogen, ammonia total [as NJ 2 24 1040% mg/l Solids, total suspended 15 21 40% mg/L Solids, total suspended 23 57 148% mg/L BOD, 5-day, 20 deg. C 684 998 46% lb/d BOD, 5-day, 20 deg. C 1,026 2,820 175% lb/d E. coli 9,800 11,330 16% MCFU/d Nitrogen, ammonia total (as NJ 146 1,089 646% lb/d Solids, total suspended 1,573 2,548 62% lb/d Attachment B City of Rio Rancho WWTP NPDES Permit ID No. NM0027987 ID Date Volume (Gal.) Description Location 1 11/18/2022 400 lift Station (LS) #20 pump failed due to blockage causing MH SSO. Ground 2 2/25/2023 200 3 6/4/2023 200 Lift Station #24 powerfailurecaused MH sso. SSO at Pinetree Street caused by tree roots (blockage). Unnamed arroyo Ground 4 7/6/2023 10,000 Lift Station #15 power failure caused SSO. Venada arroyo 5 5/3/2024 10,000 Lift Station power failure caused SSO. Ground 6 6/9/2024 1,000 Lift Station #28 failed caused MH SSO. Ground 7 6/29/2024 3,000 SSO at Lift Station #22 caused by heavy rainfall and flooding. Ground 8 10/26/2024 200 Lift Station #25 SSO caused by control panel failure Ground 9 12/8/2024 168,000 Force Main to LS #21 leaking caused 168,000-gallon SSO with 72,000 gallons estimated to Rio Grand River. Rio Grande (72K Gallons) 10 1/11/2025 150 Force Main leading to the lift station #8 was leaking caused SSO. Ground 11 1/28/2025 100 SSO at Lift Station #21 due to the force main leaking. Ground 12 6/7/2025 8,000 SSO at Lift Station #15 due to electrical failure. Venada arroyo 13 6/19/2025 14 6/20/2025 40,500 18,000 SSO at Lift Station #24 due to pump failure. SSO at Lift Station #24 due to pump failure. Ground and nearby arroyo Ground and nearby arroyo 15 6/29/2025 200 ' Total Volume; 259,950 SSO at lift St_ation #24 due to pump failure. Ground