Document gqpqd1M0XbRxKD47a5DNB9Ye

TRANSMITTED VIA EMAIL January 30, 2024 Mr. Francisco Espinoza Public Works Director Town of Taos Wastewater Treatment Facility PO Box 250 Ranchos de Taos, NM 87557 fespinoza@taosnm.gov Re: Administrative Order, Docket Number: CWA-06-2024-1720 NPDES Permit Number: NM0024066 Dear Mr. Espinoza: Enclosed is an Administrative Order (AO) issued to the Town of Taos Wastewater Treatment Facility for violations of the Clean Water Act (CWA) (33 U.S.C. 1251 et seq.). This AO replaces the previous AO, Docket Number: CWA-06-2024-1702, and incorporates the Corrective Action Plan submitted under the previous AO to address effluent limit violations. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is on April 1, 2024. The Environmental Protection Agency, Region 6 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-06-2024-1720 and NPDES Permit Number NM0024066 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, Enclosure Cheryl T. Seager, Director Enforcement and Compliance Assurance Division 2 ec: 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-06-2024-1720; 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 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 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), the 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. 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. 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 July 1, 2018, with an expiration date of June 30, 2023. Respondent did not submit a complete application within the required timeframe, therefore the permit expired. An application was received late, and a draft permit is currently in process. 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 was 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. 12. 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. A copy of the Original AO is enclosed as Attachment A. CWA-06-2024-1720 Page | 2 13. Respondent submitted a comprehensive plan of action on December 19, 2023. A copy of the response is enclosed as Attachment B and has been incorporated into this AO. This AO replaces the Original AO. 14. Each violation of the conditions of this permit or regulations described above is a violation of Section 301 of the Act, 33 U.S.C. 1311. 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: TASK DUE DATE Update Operation & Maintenance plans - to extend life of membrane 1. modules and ensure further prevention of material build-up. Submit the updates by due date. April 1, 2024 Submit draft Technical Memo, for 2. Nutrient Removal and Facility April 1, 2024 Improvements, for EPA comment. Submit draft Preliminary 3. Engineering Report (PER), for August 1, 2024 Nutrient Removal and Facility Improvements, for EPA comment. Submit copy of engineering plans, with cost estimates, indicating 30% September 4. of the design has been completed 2, 2024 by the contracted firm for the septic receiving station by due date, or within 5 days of receipt. 5. Submit draft Pollution Mitigation Plan (PMP) for EPA comment. September 2, 2024 Order 2nd half of membrane 6. modules. Submit invoice copy by September 16, 2024 due date. 7. Install new membrane modules September previously ordered in 2023. Submit 16, 2024 a Project Completion Report by due date. 8. Submit the final Technical Memo and final PER. October 1, 2024 9. Submit the final PMP. November 1, 2024 Submit copy of engineering plans, with cost estimates, indicating 60% 10. of the design has been completed by the contracted firm for the septic receiving station by due date, or within 5 days of receipt. January 1, 2025 Submit copy of engineering plans, with cost estimates, indicating 90% 11. of the design has been completed by the contracted firm for the septic receiving station by due date, or within 5 days of receipt. April 1, 2025 Complete the relocation of new 12. septic receiving station and the closure of current location. Submit a Project Completion Report by due date. August 1, 2025 13. Install 2nd half of membrane modules. Submit a Project Completion Report by due date. February 2, 2026 C. Project Completion Reports for the tasks above, as required, shall include the following information: 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.), 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. CWA-06-2024-1720 Page | 3 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 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. G. All information, and/or correspondence, shall be electronically submitted to: Ms. Nancy Williams williams.nancy@epa.gov and Ms. Rachel Matthews matthew.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. The effective date of this Order is the date it is received by the Respondent. Date Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Appendix A Administrative Order, Docket Number: CWA-06-2024-1720 TRANSMITTED VIA EMAIL November , 2023 Mr. Francisco Espinoza Public Works Director Town of Taos Wastewater Treatment Facility PO Box 250 Ranchos de Taos, NM 87557 fespinoza@taosnm.gov Re: Administrative Order; Docket Number: CWA-06-2024-1702 NPDES Permit Number: NM0024066 Dear Mr. Espinoza: Enclosed is an Administrative Order (AO) issued to the Town of Taos Wastewater Treatment Facility for violations of the Clean Water Act (CWA) (33 U.S.C. 1251 et seq.). The violations alleged are for failure to submit a completed application for new permit by the due date and failure to meet permit effluent limits. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is thirty days from the effective date of this letter. The Environmental Protection Agency Region 6 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-06-2024-1702 and NPDES Permit Number NM0024066 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, 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 Cheryl T. Seager, Director Enforcement and Compliance Assurance Division UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2024-1702; 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 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 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), the 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. 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. 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 July 1, 2018, with an expiration date of June 30, 2023. 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 did not submit a complete application within the required timeframe, therefore the permit expired. Respondent was not authorized to discharge pollutants from the facility to waters of the United States without permit coverage. 9. Part I.A. of the permit placed certain limitations on the quality and quantity of effluent discharged by Respondent. The relevant discharge limitations are specified in Attachment A, which is incorporated herein by reference. 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 as specified in Attachment B, incorporated herein by reference. 12. Each violation of the conditions of this permit or regulations described above is a violation of Section 301 of the Act, 33 U.S.C. 1311. CWA-06-2024-1702 Page | 2 SECTION 309(a)(3) COMPLIANCE ORDER GENERAL PROVISIONS Based on the foregoing Findings and pursuant to the Respondent may seek federal judicial review of this authority of Section 309(a)(3) of the Act, EPA hereby orders Order pursuant to Chapter 7 of the Administrative Procedure the Respondent to take the following actions: Act, 5 U.S.C. 701-706. A. Immediately take such measures as are necessary to comply with all permit conditions, including Effluent Limitations and Monitoring and Reporting Requirements. B. Within thirty (30) days of the effective date of this Order, Respondent shall either: i. Provide written certification to EPA Region 6 that the violations cited herein have been corrected, how they were corrected, and that the facility is in compliance with the requirements of the permit, or ii. Provide a list of all noncompliance related deficiencies to EPA Region 6, and a schedule to correct each deficiency in the shortest time possible, for review and approval. C. Any approved compliance schedule submitted under B above will be incorporated and re-issued in a future administrative order. D. 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 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. E. To arrange a meeting, or to ask questions or comment on this matter, please contact Rachel Matthews, of my staff, at (214) 665-8589. 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 the Respondent. Date Cheryl T. Seager, Director Enforcement and Compliance Assurance Division F. All information, and/or correspondence, shall be electronically submitted to: Ms. Nancy Williams Williams.Nancy@epa.gov and Ms. Rachel Matthews Matthew.Rachel@epa.gov Appendix A Administrative Order, Docket Number: CWA-06-2024-1702 Monitoring Period 1/31/2023 12/31/2022 1/31/2023 1/31/2023 1/31/2023 2/28/2023 1/31/2023 1/31/2023 2/28/2023 12/31/2022 1/31/2023 2/28/2023 12/31/2022 4/30/2023 1/31/2023 9/30/2021 8/31/2021 Parameter Appendix B Administrative Order Docket Number: CWA-06-2024-1702 Town of Taos WWTF - Permit No. NM0024066 DMR Sample Limit Qualifier Value Sample Type Frequency Value Statistical Base Unit BOD, 5-day, 20 deg. C = 48 6 Hour Composite Weekly 21 7 DA AVG Milligrams per Liter BOD, 5-day, 20 deg. C = 22 6 Hour Composite Weekly 21 7 DA AVG Milligrams per Liter BOD, 5-day, 20 deg. C = 27 6 Hour Composite Weekly 17 30DA AVG Milligrams per Liter BOD, 5-day, 20 deg. C = BOD, 5-day, percent removal = 373 6 Hour Composite 64 Calculated Weekly Weekly 350.49 7 DA AVG 85 MO AV MN Pounds per Day Percent Chlorine, total residual = 12 Grab Daily 11 INST MAX Micrograms per Liter Chlorine, total residual = Coliform, fecal general = E. coli = E. coli = E. coli = E. coli = E. coli = E. coli = E. coli = Mercury, total [as Hg] = Mercury, total [as Hg] = 12 Grab 244 Grab 320 Grab 141 Grab 263 Grab 153 Grab 276 Grab 274 Grab 440 Grab 0.053 Grab 0.033 Grab Daily Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Monthly Monthly 11 INST MAX 200 30DAVGEO 235 DAILY MX 126 30DAVGEO 126 30DAVGEO 126 30DAVGEO 235 DAILY MX 235 DAILY MX 235 0.041 0.027 DAILY MX DAILY MX 30DA AVG Micrograms per Liter Colony Forming Units per 100ml Colony Forming Units per 100ml Colony Forming Units per 100ml Colony Forming Units per 100ml Colony Forming Units per 100ml Colony Forming Units per 100ml Colony Forming Units per 100ml Colony Forming Units per 100ml Micrograms per Liter Micrograms per Liter Percent Exceedance 129 5 59 6 140 9 9 22 36 12 109 21 17 17 87 29 22 9/30/2021 Mercury, total [as Hg] = 0.032 Grab Monthly 0.027 30DA AVG Micrograms per Liter 19 1/31/2023 Mercury, total [as Hg] = 0.035 Grab Monthly 0.027 30DA AVG Micrograms per Liter 30 9/30/2021 Mercury, total [as Hg] = 0.00084 Grab Monthly 0.00068 DAILY MX Pounds per Day 24 Nitrogen, ammonia 5/31/2023 total [as N] = 96 Grab Weekly 63 30DA AVG Pounds per Day 52 Nitrogen, ammonia 4/30/2023 total [as N] = 166 Grab Weekly 94 DAILY MX Pounds per Day 77 Nitrogen, ammonia 5/31/2023 total [as N] = 10 Grab Weekly 5.62 DAILY MX Milligrams per Liter 78 Nitrogen, ammonia 4/30/2023 total [as N] = 20 Grab Weekly 3.75 30DA AVG Milligrams per Liter 433 Nitrogen, ammonia 4/30/2023 total [as N] = 154 Grab Weekly 63 30DA AVG Pounds per Day 144 Nitrogen, ammonia 5/31/2023 total [as N] = 10 Grab Weekly 3.75 30DA AVG Milligrams per Liter 167 Nitrogen, ammonia 4/30/2023 total [as N] = 20 Grab Weekly 5.62 DAILY MX Milligrams per Liter 256 Nitrogen, ammonia 5/31/2023 total [as N] = 105 Grab Weekly 94 DAILY MX Pounds per Day 12 Solids, suspended 12/31/2022 percent removal = 71 Calculated Weekly 85 MO AV MN Percent 93 Solids, suspended 1/31/2023 percent removal = 41 Calculated Weekly 85 MO AV MN Percent 293 1/31/2023 Solids, total suspended = 55 6 Hour Composite Weekly 30 30DA AVG Milligrams per Liter 83 1/31/2023 Solids, total suspended = 77 6 Hour Composite Weekly 45 7 DA AVG Milligrams per Liter 71 Appendix B Administrative Order, Docket Number: CWA-06-2024-1720