Document jB0O7qMjND0R3poMN6BOGKKo9

May 13, 2025 TRANSMITTED VIA EMAIL Mr. Gary Whitehead City Manager City of Truth or Consequences 505 Sims Street City of Truth or Consequences, NM 87901 gwhitehead@torcnm.org Re: Administrative Order; Docket Number: CWA-06-2025-1746 NPDES Permit Number: NM0020681 Dear Mr. Whitehead: Enclosed is an Administrative Order (AO) issued to the City of Truth or Consequences Wastewater Treatment Plant (WWTP) for violations of the Clean Water Act (CWA), 33 U.S.C. 1251 et seq. The violations are for failure to meet permit effluent limits and to properly maintain the WWTP. This AO also incorporates a corrective action plan submitted to EPA on March 31, 2025. The United States Environmental Protection Agency (EPA) requests that you immediately confirm receipt of this e-mail and the attached order by a response e-mail to matthews.rachel@epa.gov. 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 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-06-2025-1746 and NPDES Permit Number NM0020681 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 Truth or Consequences Docket Number: CWA-06-2025-1746 Enclosure e.c. Jamie Foreman Regulatory and Compliance Specialist Water/ Wastewater City of Truth or Consequences jforeman@torcnm.org Ms. Johanna Munoz Executive Assistant City of Truth or Consequences jmunoz@torcnm.org 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-06-2025-1746; Permit Number: NM0020681 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 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 7. Respondent applied for and was issued NPDES Permit No. NM0020681 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which became effective on April 1, 2022, with an expiration date of March 31, 2027. 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. 8. Part I.A. of the permit places certain limitations on the quality and quantity of effluent discharged by Respondent established in the permit, as specified in Attachment A, which is incorporated herein by reference. 1. The City of Truth or Consequences (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 a wastewater treatment plant (facility) located at 1595 Animal Shelter Road, in the City of Truth or Consequences, Sierra County, New Mexico, 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 discharge to Rio Grande River in Segment 20.6.4.103 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. 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 sources to waters of the United States. Any such discharge is subject to the specific terms and conditions prescribed in the applicable permit. 9. The permit also includes "Monitoring and Reporting Requirements" that require Respondent to sample and test its effluent and monitor its compliance with permit conditions according to specific procedures, in order to determine the facility's compliance or noncompliance with the permit and applicable regulations. 10. The permit requires Respondent to file certified Discharge Monitoring Reports (DMRs) of the results of monitoring. DMRs filed by Respondent show discharges of pollutants from the facility that exceed the permitted effluent limitations established in the permit. 11. Pursuant to Part III.B. of the permit, Respondent is required 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. 12. On January 12, 2023, an inspection of the facility was conducted by NMED inspectors, on behalf of EPA. As a result of the inspection, it was found that Part III.B. of the permit was violated in that Respondent failed to properly maintain all facility systems of treatment and control (and related appurtenances). 13. On January 17, 2025, EPA issued Administrative Order (AO) Docket Number CWA-06-2025-1712, which cited the effluent limits, the inspection, and relevant violations of the permit. The AO required Respondent to eliminate cited violations or submit a plan to eliminate violations. CWA-06-2025-1746 Page | 2 14. Respondent submitted a response, with a basic plan of action to begin bringing the facility into compliance. See Attachment B, which is incorporated herein by reference. 15. On April 14, 2025, Respondent submitted further information regarding the plan, which has been incorporated into this Administrative Order. 16. Each violation of the conditions of the permit described above was a violation of Section 301 of the Act, 33 U.S.C. 1311. SECTION 309(a)(3) COMPLIANCE ORDER 17. Based on the foregoing Findings and pursuant to the authority of Section 309(a)(3) of the Act, 33 U.S.C. 1319(a)(3), EPA hereby orders 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 Evaluate current rates to ensure ability to self-finance projects to address critical problems and/or to be utilized 1. as a match component when seeking funding for larger capital projects. DUE DATE June 2, 2025 Submit draft evaluation. Submit copy of original construction 2. design plans of the current weirs. Submit detailed plans for temporary 3. repairs of existing clarifier weirs, ensuring proper mounting, positioning. Submit detailed plans and timeline for 4. weir replacement. Submit a detailed timeline for the rehabilitation, or replacement, of the 5. headworks, including dates for the 30/60/90% completion construction and final construction design plans, provided by consultants. July 1, 2025 July 1, 2025 August 1, 2025 August 1, 2025 Submit updated draft (or final) 6. evaluation of rates with estimates (or actual) increases. October 1, 2025 C. If Respondent would like to arrange a meeting with EPA to discuss the violations alleged in this 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 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. D. To arrange a meeting, or to ask questions or comment on this matter, please contact Rachel Matthews, of my staff, at (214) 665-8589. E. 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. CWA-06-2025-1746 Page | 3 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 Respondent. DU Date Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Attachment A Administrative Order, Docket Number: CWA-06-2025-1746 NPDES PERMIT NO. NM0020681 Page 1 of PART I PART I - REQUIREMENTS FOR NPDES PERMITS A. LIMITATIONS AND MONITORING REQUIREMENTS 1. OUTFALL 001 - FINAL Effluent Limits - 1.06 MGD Design Flow During the period beginning the effective date of the permit and lasting through the expiration date of the permit (unless otherwise noted), the permittee is authorized to discharge treated domestic wastewater from Outfall 001 to Rio Grande River. Such discharges shall be limited and monitored by the permittee and reported as specified below: POLLUTANT pH DO (*6) DISCHARGE LIMITATIONS MINIMUM 6.6 s.u. 6 mg/L DISCHARGE LIMITATIONS MAXIMUM 9.0 s.u. N/A MEASUREMENT FREQUENCY Daily Weekly SAMPLE TYPE Instantaneous Grab (*3) Instantaneous Grab (*3) POLLUTANT Flow BOD5 TSS BOD5 % removal, minimum TSS % removal, minimum TRC E. coli bacteria Hexachlorobenzene, interim limit (*7, *8) Hexachlorobenzene, final limit (*8, *9) Cadmium, Total Acrylonitrile Total Phosphorus Total Nitrogen 30-DAY AVG, lbs/day, unless noted Report MGD 176 265 85 (*2) 85 (*2) N/A NA 5.48E-02 5.43E-05 0.01 0.1 N/A N/A 7-DAY AVG lbs/day, unless noted Report MGD 265 398 N/A N/A N/A N/A N/A 8.15E-05 daily max 0.02 0.15 N/A N/A 30-DAY AVG mg/l, unless noted (*1) N/A 20 30 N/A N/A N/A 548 cfu (or MPN)/100 ml (*5) 6.2 ug/l 6.14E-03 ug/l 1.55 ug/L 11.65 ug/L N/A N/A 7-DAY AVG mg/l, unless noted (*1) N/A 30 45 N/A N/A N/A DAILY MAX mg/l, unless noted (*1) N/A N/A N/A N/A N/A 11 ug/l (*4 ) MEASUREMENT FREQUENCY Daily Weekly Weekly Monthly Monthly Daily N/A 2,507 cfu (or Weekly MPN)/100 ml N/A NA Weekly N/A 9.21E-03 ug/l 3/Week N/A 2.32 ug/L 3/Week N/A 17.48 ug/L Weekly N/A Report Quarterly N/A Report Quarterly SAMPLE TYPE Totalized meter 6-hr Composite 6-hr Composite Calculation Calculation Instantaneous Grab (*3) Grab Grab Grab Grab Grab 6-hr Composite 6-hr Composite NPDES PERMIT NO. NM0020681 WHOLE EFFLUENT TOXICITY TESTING 7-DAY CHRONIC NOEC FRESHWATER (*10) Ceriodaphnia dubia Pimephales promelas VALUE Report Report MEASUREMENT FREQUENCY Quarterly Quarterly Page 2 of PART I SAMPLE TYPE 24-hr Composite 24-hr Composite Footnotes: *1 See Appendix A of Part II of the permit for minimum quantification limits. *2 Percent removal is calculated using the following equation: Percent removal = average monthly influent concentration (mLg) - average monthly effluent concentration (m mg Lg) x 100 average monthly influent concentration ( L ) *3 Analyzed within 15 minutes of collection. *4 The effluent limitation for TRC is the instantaneous maximum and cannot be averaged for reporting purposes. *5 The geometric mean of E. coli bacteria shall be used for reporting the 30-day average values. *6 Field kit (probe) can be used to measure. *7 Interim limitations are expired on first day of 4th year from the permit effective date. *8 EPA Method 612 (or approved method under 40 CFR 136.3 with MDL/ML of 0.05 ug/L or lower) shall be used for analysis. *9 Limitations shall be effective beginning first day of 4th year from the permit effective date. *10 Monitoring and reporting requirements begin on the effective date of this permit. See Part II of the permit for WET testing requirements for additional WET monitoring and reporting conditions. Grab samples are allowed per method, if needed. Attachment B Administrative Order, Docket Number: CWA-06-2025-1746