Document k9zdENqN4BD7jeVN805QR5vXE

May 1 , 2024 TRANSMITTED VIA EMAIL Mr. Elauterio Trujillo, President And Clarence Aragon, Operator Mora Mutual Domestic Water and Sewer Association Post Office Box 304 Mora, NM 87732 mwsa@nnmt.net Re: Administrative Order; Docket Number: CWA-06-2024-1761 Mora Mutual Domestic Water and Sewer Association NPDES Permit Number: NM0024996 Dear Mr. Trujillo and Mr. Aragon, On February 20, 2024, our office received a request to initiate considerable changes to the schedule of compliance included in the Administrative Order (AO), Docket Number CWA-06-20231705, issued to Mora Mutual Domestic Water and Sewer Association on November 2, 2022. The reason for the request is due to funding priorities determined by the New Mexico Environment Department (NMED) to ensure the sanitary sewer collection system Inflow/Infiltration (I/I) issues are addressed prior to rehabilitation of the wastewater treatment plant. EPA has reviewed the request and concurs with NMED on the need to address these higher priorities of I/I prior to completing the treatment plant upgrades. Enclosed is AO Docket Number CWA-06-2024-1761 issued to the Mora Mutual Domestic Water and Sewer Association, which replaces AO Docket Number CWA-06-2023-1705. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. 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. Mora Mutual Domestic Water and Sewer Association P. 2 NPDES Permit Number: NM0024996 Please reference AO Docket Number CWA-06-2024-1761 and NPDES Permit Number NM0024996 for future correspondence. 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 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 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2024-1761; Permit Number: NM0024996 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. Mora Mutual Water and Sewer Works Association (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 one mile east of the Village of Mora, Mora 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 the receiving water named Mora River, in Waterbody Segment Code No. 20.6.4.307, of the Canadian River Basin, 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. 7. Respondent applied for and was issued NPDES Permit No. NM0024996 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which became effective on April 1, 2023. 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. 9. 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. 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 that exceed the effluent limitations. 11. Flow data, submitted by Respondent, show discharges have exceeded the design flow limitations of the permit and thereby exceeds the capacity of the Wastewater Treatment Plant (WWTP). 12. On March 18, 2022, EPA issued Administrative Order (AO) Docket Number CWA-06-2022-1762 (Original AO), which cited effluent limit violations of the permit. The Original AO required Respondent to eliminate cited violations or submit a plan for to eliminate violations. 13. On April 11, 2022, Respondent submitted a response citing a Preliminary Engineering Report (PER) had been completed, indicating major areas of improvements needed and alternative solutions. 14. On October 12, 2022, Respondent agreed to a long-term comprehensive plan of action, which was incorporated as a schedule of compliance into AO Docket Number CWA-20231705, issued on November 2, 2022. See Attachment A. 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. 15. On February 20, 2024, EPA received a request to initiate changes to the schedule of compliance for AO Docket Number CWA-2023-1705. The reason for the request is due to funding priorities of the New Mexico Environment Department (NMED) to ensure the sanitary sewer collection system Inflow/Infiltration (I/I) issues are addressed prior to CWA-06-2024-1761 Page | 2 rehabilitation of the wastewater treatment plant, if necessary, after reevaluation. EPA has reviewed the request and concurs with NMED on the need to address these higher priorities of I/I. 16. An updated schedule of compliance has been incorporated into this AO, which replaces the previous AO. 17. 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 such measures as are necessary to comply with all permit conditions, including Effluent Limitations and Monitoring and Reporting Requirements. B. Respondent shall accomplish the following tasks and comply with the following schedule of activities: TASK DUE DATE Apply for technical assistance through the Southwest Environmental Finance Center 1. Network (SW EFC) for further Within 30 days of this AO assistance with a rate analysis, capital improvement planning, and asset management. Submit plan to smoke test, CCTV, or Within 30 2. equivalent, to evaluate the sanitary sewer collection system and private days of this AO lateral lines for Inflow/Infiltration (I/I). 3. Submit I/I evaluation report. 8/30/2024 4. Submit plans to 8/30/2024 system. Submit WWTP controls evaluation 5. and plan for modifications to assist 8/30/2024 automated operations. Submit copy of engineering plans, including cost estimates, indicating 6. 30% of the design of collection 10/31/2024 system upgrades and (if necessary) WWTP automated operations has been completed by contractor. Submit copy of engineering plans, 7. including cost estimates, indicating 60% of the design of collection 2/28/2025 system upgrades and (if necessary) WWTP automated operations has been completed by contractor. Apply for NM CWSRF, or any other available source, to help fund the 8. construction phase of repairs to the 2/28/2025 collection system and WWTP control improvements. Submit copy of engineering plans, including cost estimates, indicating 9. 90% of the design of collection 6/30/2025 system upgrades and (if necessary) WWTP automated operations has been completed by contractor. Submit copy of a draft Capital 10. Improvement Plan (CIP) based on 6/30/2025 projected costs for 5 years. Submit copy of rate analysis for the 11. cost of adequate long-term 6/30/2025 operation and maintenance of the WWTP and collection system. Submit copy of final engineering plans, including cost estimates, to 12. address collection system and (if 10/31/2025 necessary) the WWTP control improvements. 13. Submit copy of increased rates/fees 1/30/2025 based on rate analysis. Submit copy of a finalized Capital 14. Improvement Plan (CIP) based on 1/30/2025 projected costs for 5 years. 15. Complete all necessary repairs of 10/31/2026 the Submit copy of PER to evaluate 16. alternatives for WWTP based on 4/30/2028 17. Complete proper sludge removal and disposal from lagoons 3/31/2029 CWA-06-2024-1761 Page | 3 C. Within thirty (30) days of completing tasks 1, 8, 15, and 17 in paragraph "B" above, Respondent shall submit a "Project Completion Report" and include a description of the task(s) implemented and any problems encountered. 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. 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. F. All information, and/or correspondence, shall be electronically submitted to: Ms. Nancy Williams williams.nancy@epa.gov and 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. Ms. Rachel Matthews matthew.rachel@epa.gov Date Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Atachment Administrave Order; Docket Number: CWA-06-2024-1761 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 November 2, 2022 CERTIFIED MAIL-RETURN RECEIPT REQUESTED: Mr. Elauterio Trujillo, President Mora Mutual Water and Sewer Works Association Post Office Box 304 Mora, NM 87732 Re: Administrative Order; Docket Number: CWA-06-2023-1705 NPDES Permit Number: NM0024996 Dear Mr. Trujillo, Enclosed is an Administrative Order (AO) issued to the Mora Mutual Water and Sewer Works Association for violations of the Clean Water Act (CWA) (33 U.S.C. 1251 et seq.). The violations alleged are for failure to meet permit effluent limits in addition to ensuring flow is limited to the capacity of the treatment system through proper operation and maintenance, which also impacts 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-06-2023-1705 and NPDES Permit Number NM0024996 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 Enclosure e.c. Clarence Aragon mwsa@nnmt.net Ms. Shelly Lemon NMED Water Bureau Chief shelly.lemon@state.nm.us Ms. Susan LucasKamat NMED Surface Water Quality Bureau susan.lucaskamat@state.nm.us UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 1201 Elm St. Suite 500 Dallas, TX 75270-2102 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2023-1705; Permit Number: NM0024996 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. Mora Mutual Water and Sewer Works Association (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 one mile east of the Village of Mora, Mora 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 the receiving water named Mora Rive, in Waterbody Segment Code No. 20.6.4.307, of the Canadian River Basin, 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. 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. NM0024996 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which became effective on October 1, 2017, with an expiration date of September 30, 2022. Respondent applied for a new permit within the required timeframe, therefore it continues to be in effect through administrative extension while the application is under review and a new permit issued. 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. The relevant discharge limitations are specified in Attachment A, which is incorporated herein by reference. 9. 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. 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 that exceed the effluent limitations as specified in Attachment B, incorporated herein by reference. 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 11. Pursuant to Part III.B of the permit, Respondent is required to, at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the 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. The permit specifies that the facility has a capacity of .052 MGD (million gallons per day). Flow that is greater than the capacity flow adversely impacts the treatment capabilities of the facility, impacts the effluent limitations, and violates Part III.B of the permit. CWA-06-2023-1705 Page | 2 13. Flow data, submitted by Respondent, show discharges have exceeded the capacity of the Wastewater Treatment Plant (WWTP) which is violation of Part III.B of the permit. Flow data submitted is specified in Attachment C and incorporated herein by reference. 14. On March 18, 2022, EPA issued Administrative Order (AO) Docket Number CWA-06-2022-1762 (Original AO), which cited effluent limit violations of the permit. The Original AO required Respondent to eliminate cited violations or submit a plan for to eliminate violations. 15. Respondent submitted a response on April 11, 2022, citing a Preliminary Engineering Report (PER) had been completed, indicating major areas of improvements needed and alternative solutions. 16. On October 12, 2022, Respondent agreed to a long-term comprehensive plan of action, which has been incorporated into this AO. 17. 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 such measures as are necessary to comply with all permit conditions, including Effluent Limitations and Monitoring and Reporting Requirements. B. Respondent shall accomplish the following tasks and comply with the following schedule of activities: TASK DUE DATE Apply for NM Clean Water State Revolving Fund (CWSRF) assistance to help fund engineering construction 1. plans, repairs and/or changes to the March 1, 2023 WWTP, inflow & infiltration (I/I) study, repairs to the collection system, a rate study, and/or capital improvement planning, as allowed Secure, and submit a copy of, a contract for the completion of construction 2. design engineering plans for the WWTP improvements based on the June 30, 2023 Preliminary Engineering Report (PER) dated August 2020 Submit a plan to smoke test, CCTV, or 3. equivalent to inspect the collection system and private lateral lines for I/I August 30, 2023 Submit a copy of the engineering plans, including cost estimates, indicating Within 5 4. 30% of the design has been completed by the contracted firm days of receiving Submit a copy of the engineering plans, including cost estimates, indicating Within 5 5. 60% of the design has been completed by the contracted firm days of receiving Submit a copy of the engineering plans, including cost estimates, indicating Within 5 6. 90% of the design has been completed by the contracted firm days of receiving Submit a copy of the final construction design engineering plans for the August 7. improvements to the WWTP, including 30, 2024 all cost estimates Complete, and submit a copy of, a rate study for the cost of adequate long-term August 8. operation, maintenance, and staffing 30, 2024 levels for the WWTP and collection system Submit a draft 5-year Capital Improvement Plan (CIP) for all 9. operations and maintenance (O&M) needs for the WWTP and collection system August 30, 2024 Submit a copy of increased rates/fees, 10. based on the rate study under Task 8 June 30, 2025 Submit the finalized 5-year CIP for all 11. expected expenses for the O&M of the WWTP and collection system June 30, 2025 Complete smoke testing, CCTV, or 12. equivalent, to inspect the collection system and private lateral lines for I/I August 30, 2025 and submit summary of results Funding for all construction phases has 13. been secured and a Request for Proposal (RFP) process initiated June 30, 2026 Complete proper sludge removal and 14. disposal from lagoons June 30, 2028 Complete all necessary repairs of the 15. collection system components required to control inflow/infiltration June 30, 2028 Complete all rehabilitation, upgrades, 16. or new construction of the WWTP June 30, 2028 CWA-06-2023-1705 Page | 3 C. Within thirty (30) days of completing tasks 1, 13, 14, 15, and 16 in "B" above, Respondent shall submit a "Project Completion Report" and include a description of the task(s) implemented and any problems encountered. 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, at (214) 6658589. F. All information, and/or correspondence, shall be electronically submitted to: Ms. Nancy Williams Williams.Nancy@epa.gov and 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. Ms. Rachel Matthews Matthew.Rachel@epa.gov November 2, 2022 Date Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Attachment A - Administrative Order: Docket Number: CWA-06-2023-1705 Permit No. NM0024996 2. Final Effluent limits - 0.052 MGD design flow Page 3 of Part I During the period beginning 30 months after the permit effective date and lasting through 59 months from the effective date of the permit (unless otherwise noted), the permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: POLLUTANT Flow Biochemical Oxygen Demand (BODs) Total Suspended Solids (TS$) Percent Removal (minimum), BODs Percent Removal (minimum), TSS Total Residual Chlorine CJ> (TRC) E.coli <6> 30-DAY AVG lbs/day, unless noted Report MGD 13.018 13.018 > 85% (l) > 85% (l) N/A N/A DAILY MAX lbs/day, unless noted Report MGD N/A N/A *** *** N/A N/A 7-DAY AVG lbs/day, unless noted Report MGD 19.527 19.527 *** *** N/A N/A 30-DAY AVG mg/1, unless noted *** 30 30 *** *** N/A 126 DAILY MAX mg/1, unless noted *** N/A N/A *** *** 11 ug/1 (4) 410 7-DAY AVG mg/1, unless noted *** 45 45 *** *** N/A N/A MEASUREMENT FREQUENCY Continuous One/Month One/Month One/Month One/Month Daily One/Month SAMPLE TYPE Totalizing Meter<1> Grab Grab Calculation Calculation Instantaneous Qrab(S) Grab TIME PERIOD Summer (May 1 - Sept 30) Summer (May 1 - Sept 30) Winter (Oct 1 - April 30) Winter (Oct l - April 30) POLLUTANT Total Phosphorous Total Nitrogen Total Phosphorous Total Nitro2en 30-DAY AVG lbs/day 0.81 5.91 0.26 2.17 DAILY MAX lbs/dav Report Report Report Report 30-DAY AVG mg/), Report Report Report Report DAILY MAX mg/I Report Report Report Report MEASUREMENT FREQUENCY One/Month One/Month One/Month One/Month SAMPLE TYPE Grab Grab Grab Grab POLLUTANT pH DISCHARGE LIMITATIONS MINIMUM (Standard Units) 6.6 DISCHARGE LIMITATIONS MAXIMUM (Standard Units) 9.0 MEASUREMENT FREQUENCY Daily SAMPLE TYPE Grab Permit No. NM0024996 WHOLE EFFLUENT TOXICITY TESTING (48-Hr. Static Non-Renewal) (7) Daphnia pulex Pimephales promelas 30-DAY AVG Report Report 48-HR MINIMUM Report Report Page 4 of Part I MEASUREMENT FREQUENCY SAMPLE TYPE One/5vrs<9> One/5yrs <1> Grab Grab FOOTNOTES: l The facility shall install, calibrate and maintain appropriate continuous flow measurement devices (i.e., Open channel Parshall flume with staff gauge and with a secondary ultrasonic sensor) to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Report monthly average and daily maximum as million gallons per day {MGD) by instantaneous measurement. 2 Percent removal is calculated as follows: {{(average monthly influent concentration - average monthly effluent concentration)/ average monthly influent concentration] x 100} 3 The facility shai1 install a new serpentine chlorine contact chamber and dechlorination unit to replace the current undersized and incorrectly designed units. 4 Prior to final disposal, the effluent shall contain NO MEASURABLE total residual chlorine {TRC) at any time. NO MEASURABLE will be defined as no detectable concentration of TRC as determined by any approved method established in 40 CFR 136. If during the term of this permit, the minimum quantification level for TRC becomes less than 11 ug/1, then 11 ug/1 shall become the effluent limitation. . 5 Regulations at 40 CFR Part 136 define "instantaneous grab" as analyzed within 15 minutes of collection. Sampling and reporting is required when chlorine is used for either bacteria control and/or when chlorine is used to treat filamentous algae and/or used to disinfect process treatment equipment at the facility. The effluent limitation for TRC is the instantaneous maximum and cannot be averaged for reporting purposes. 6 Most Probable Number (MPN) per I00 ml. The 30-day average for E. coli bacteria is the geometric mean of the values for all effluent samples collected during a calendar month. 7 See Part 11.F, Whole Effluent Toxicity Testing Requirements for additional WET monitoring and reporting conditions. 8 Monitoring and reporting requirements begin on the effective date of this permit. The test should be conducted in winter or springtime when most sensitive juvenile life forms are likely to be present in receiving water and colder ambient temperatures might adversely affect treatment processes. This will generally be defined as between November I and April 30. Permit No. NM0024996 3. Final Effluent limits - 0.052 MGD design flow Page 5 of Part I During the period beginning 59 months after the permit effective date and lasting through the expiration date of this permit (unless otherwise noted), the permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: POLLUTANT Flow Biochemical Oxveen Demand (BODs) Total Suspended Solids (TSS) Percent Removal (minimum), BODs Percent Removal (minimum), TSS Total Residual Chlorine <3) (TRC) E.coli (6) 30-DAY AVG lbs/day, unless noted Report MGD 13.018 13.018 > 85% (l) 85% (2) N/A N/A DAILY MAX lbs/day, unless noted Report MGD N/A N/A *** N/A N/A 7-DAY AVG lbs/day, unless noted Report MGD 19.527 19.527 N/A N/A 30-DAY AVG mg/1, unless noted *** 30 30 *** N/A 126 DAILY MAX mg/1, unless noted *** NIA NIA *** 11 ug/1 C4> 410 7-DAY AVG mg/1, unless noted *** 45 45 *** N/A N/A MEASUREMENT FREQUENCY Continuous One/Month One/Month One/Month One/Month Daily One/Month SAMPLE TYPE Totalizing Meter c> Grab Grab Calculation Calculation Instantaneous Grab (5) Grab TIME PERIOD Summer (May l - Sept 30) Summer (May l - Sept 30) Winter (Oct l -April 30) Winter (Oct I -April 30) POLLUTANT PH POLLUTANT Total Phosphorous Total Nitrogen Total Phosphorous Total Nitrogen 30-DAY AVG lbs/day 0.81(7) 5.91(7) -0.26(7) 2.0 (7) DAILY MAX lbs/day Report<7) Report<7> Report<7> Report<7> 30-DAY AVG mg/I Report(7) ReoortC7) Report<7) Report<7> DAILY MAX mg/I Report<7> Report<7> Report(?) Report(7) MEASUREMENT FREQUENCY One/Month One/Month One/Month One/Month SAMPLE TYPE Grab Grab Grab Grab DISCHARGE LIMITATIONS MINIMUM(Standard Units) 6.6 DISCHARGE LIMITATIONS MAXIMUM (Standard Units) 9.0 MEASUREMENT FREQUENCY Daily SAMPLE TYPE Grab Permit No. NM0024996 WHOLE EFFLUENT TOXICITY TESTING (48-Hr. Static Non-Renewal) <8) Daphnia pulex Pimephales promelas 30-DAY AVG Report Report 48-HR. MINIMUM Report Report Page 6 of Part I MEASUREMENT FREQUENCY SAMPLE TYPE One/5yrs (9) One/5yrs <9> Grab Grab FOOTNOTES: 1 The facility shall install, calibrate and maintain appropriate continuous flow measurement devices (Le., Open channel Parshall flume with staff gauge and with a secondary ultrasonic sensor) to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Report monthly average and daily maximum as million gallons per day (MGD) by instantaneous measurement. 2 Percent removal is calculated as follows: {[(average monthly influent concentration - average monthly effluent concentration)/ average monthly influent concentration] x 100} 3 The facility shall install a new serpentine chlorine contact chamber and dechlorination unit to replace the current undersized and incorrectly designed units. 4 Prior to final disposal, the effluent shall contain NO MEASURABLE total residual chlorine (TRC) at any time. NO MEASURABLE will be defined as no detectable concentration of TRC as determined by any approved method established in 40 CFR 136. If during the term of this permit, the minimum quantification level for TRC becomes less than 11 ug/1, then 11 ug/1 shall become the effluent limitation. 5 Regulations at 40 CFR Part 136 define "instantaneous grab" as analyzed within 15 minutes of collection. Sampling and reporting is required when chlorine is used for either bacteria control and/or when chlorine is used to treat filamentous algae and/or used to disinfect process treatment equipment at the facility. The effluent limitation for TRC is the instantaneous maximum and cannot be averaged for reporting purposes. 6 Most Probable Number (MPN) per 100 ml. The 30-day average for E.coli bacteria is the geometric mean of the values for all effluent samples collected during a calendar month. 7 Limitation are effective in the final day of the permit. 8 See Part II.F, Whole Effluent Toxicity Testing Requirements for additional WET monitoring and reporting conditions. 9 Monitoring and reporting requirements begin on the effective date of this permit. The test should be conducted in winter or springtime when most sensitive juvenile life forms are likely to be present in receiving water and colder ambient temperatures might adversely affect treatment processes. This will generally be defined as between November 1 and April 30. Monitoring Period End Date 6/30/2022 6/30/2022 6/30/2022 6/30/2022 6/30/2022 5/31/2022 4/30/2022 4/30/2022 4/30/2022 3/31/2022 3/31/2022 2/28/2022 2/28/2022 1/31/2022 1/31/2022 Attachment B - Administrative Order: Docket Number: CWA-06-2023-1705 Mora Mutual Water and Sewer Works Association - NPDES Permit # NM0024996 Effluent Violations Jan-Oct 2022 Parameter DMR Value Qualifier DMR Value Limit Frequency of Analysis Limit Value Type Code Limit Value Statistical Base Short Description Limit Unit Desc Limit Season ID Solids, suspended = percent removal Solids, total = suspended Phosphorus, total = [as P] Solids, total = suspended Solids, total = suspended Phosphorus, total = [as P] Solids, total = suspended Phosphorus, total = [as P] Nitrogen, total [as = N] Phosphorus, total = [as P] Nitrogen, total [as = N] Nitrogen, total [as = N] Phosphorus, total = [as P] Nitrogen, total [as = N] Phosphorus, total = [as P] 83.2 22.34 1.49 22.34 42 1.57 39 1.12 3.12 0.54 2.6 2.6 0.46 3.07 0.43 Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly C1 85 MO AV MN Percent 0 Q2 19.527 7 DA AVG Pounds per Day 0 Q1 0.81 30DA AVG Pounds per Day 0 Q1 13.018 30DA AVG Pounds per Day 0 C2 30 30DA AVG Milligrams per 0 Liter Q1 0.81 30DA AVG Pounds per Day 0 C2 30 30DA AVG Milligrams per 0 Liter Q1 0.26 30DA AVG Pounds per Day 1 Q1 2.17 30DA AVG Pounds per Day 1 Q1 0.26 30DA AVG Pounds per Day 1 Q1 2.17 30DA AVG Pounds per Day 1 Q1 2.17 30DA AVG Pounds per Day 1 Q1 0.26 30DA AVG Pounds per Day 1 Q1 2.17 30DA AVG Pounds per Day 1 Q1 0.26 30DA AVG Pounds per Day 1 Percent Exceedance 12 14 84 72 40 94 30 331 44 108 20 20 77 41 65 Attachment C - Administrative Order: Docket Number: CWA-06-2023-1705 Date 10/1/2021 10/2/2021 10/3/2021 10/4/2021 10/5/2021 10/6/2021 10/7/2021 10/8/2021 10/9/2021 10/10/2021 10/11/2021 10/12/2021 10/13/2021 10/14/2021 10/15/2021 10/16/2021 10/17/2021 10/18/2021 10/19/2021 10/20/2021 10/21/2021 10/22/2021 10/23/2021 10/24/2021 10/25/2021 10/26/2021 10/27/2021 10/28/2021 10/29/2021 10/30/2021 10/31/2021 Mora Mutual Water and Sewer Works Association - NPDES Permit # NM0024996 Months in 2021 and 2022 showing flows over design capacity and limits Flow in GPD 85,632 122,920 86,167 100,401 881,146 78,553 61,628 68,879 81,379 72,163 82,272 77,816 74,638 106,545 53,912 82,305 78,037 72,933 102,351 56,566 81,953 146,268 78,348 84,558 75,375 144,064 76,366 59,506 67,162 Date 11/1/2021 11/2/2021 11/3/2021 11/4/2021 11/5/2021 11/6/2021 11/7/2021 11/8/2021 11/9/2021 11/10/2021 11/11/2021 11/12/2021 11/13/2021 11/14/2021 11/15/2021 11/16/2021 11/17/2021 11/18/2021 11/19/2021 11/20/2021 11/21/2021 11/22/2021 11/23/2021 11/24/2021 11/25/2021 11/26/2021 11/27/2021 11/28/2021 11/29/2021 11/30/2021 Flow in GPD 71,901 69,899 83,547 51,175 51,197 60,785 63,985 53,079 64,127 52,740 48,889 60,449 47,294 54,616 49,004 51,220 48,698 51,185 46,940 45,409 48,569 54,263 43,455 47,071 26,780 37,437 33,514 38,977 41,473 33,304 Date 5/1/2022 5/2/2022 5/3/2022 5/4/2022 5/5/2022 5/6/2022 5/7/2022 5/8/2022 5/9/2022 5/10/2022 5/11/2022 5/12/2022 5/13/2022 5/14/2022 5/15/2022 5/16/2022 5/17/2022 5/18/2022 5/19/2022 5/20/2022 5/21/2022 5/22/2022 5/23/2022 5/24/2022 5/25/2022 5/26/2022 5/27/2022 5/28/2022 5/29/2022 5/30/2022 5/31/2022 Flow in GPD 31,089 59,089 33,644 28,074 33,907 42,459 31,187 45,122 30,843 34,267 43,729 43,868 41,984 58,282 43,565 59,359 40,010 63,504 44,892 57,615 65,544 59,863 75,846 89,862 52,503 70,164 67,396 64,569 72,917 95,142 Date 6/1/2022 6/2/2022 6/3/2022 6/4/2022 6/5/2022 6/6/2022 6/7/2022 6/8/2022 6/9/2022 6/10/2022 6/11/2022 6/12/2022 6/13/2022 6/14/2022 6/15/2022 6/16/2022 6/17/2022 6/18/2022 6/19/2022 6/20/2022 6/21/2022 6/22/2022 6/23/2022 6/24/2022 6/25/2022 6/26/2022 6/27/2022 6/28/2022 6/29/2022 6/30/2022 GPD = Gallon Per Day Flow in GPD 53,125 74,506 73,753 66,500 73,826 71,655 156,754 64,446 43,696 52,478 60,031 51,348 159,039 36,242 57,914 59,605 43,712 63,423 54,460 61,251 68,232 62,579 59,777 76,038 128,025 56,295 81,494 69,411