Document mbpLkZqxxEBgpX1Yg0qV5DZ6B

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TEXAS 75202-2733 M_18 2018 CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7014 0150 0000 2454 3916 Mr. Richard Holland, Managing Partner HRV Hotel Partners, LLC 3301 Windy Ridge Parkway, Suite 310 Atlanta, GA 30339 Re: Administrative Order; Docket Number: CWA-06-2018-1819 NPDES Facility Number: NMU001971 Dear Mr. Holland: Enclosed is an Administrative Order (AO) issued to HRV Hotel Partners, LLC for violation of the Clean Water Act (CWA) 33 U.S.C. 1251-1387. Violations were identified during a May 23, 2018 inspection of your construction site located at 1297 Bishops Lodge Road . in Santa Fe, NM. The inspection was conducted by the New Mexico Environment Department on behalf of the Environmental Protection Agency (EPA). The violations stem from ten rain events of one quarter inch or greater at the site, which resulted in a discharge of pollutants from the site into waters of the United States in violation of Section 301 of the Clean Water Act. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within thirty days of receipt of this AO .. The AO also contains other compliance deadlines and specified information. 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-06-2018-1819 and NPDES Facility Number NMU001971 on your response. If you have any questions, please contact Ms. Stephanie Meyers, of my staff, at (214) 665-6496. Sincerely, Enclosure Cheryl T. Seager Director Compliance Assurance and Enforcement Division Re: HRV Hotel Partners, LLC Administrative Order 2 ec: Ms. Shelly Lemon Acting Bureau Chief Surface Water Quality Bureau New Mexico Environment Department shelly .lemon@ state .nm .us Ms. Sarah Holcomb Program Manager Point Source Regulation Section New Mexico Environment Department sarah.holcomb@state.nm.us Mr. Daniel Valenta Inspector New Mexico Environment Department daniel.valenta@state.nm. us UNITED STATES ENVffiONMENTAL PROTECTION AGENCY 1445 Ross Avenue, Suite 1200, Dallas, TX 75202 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2018-1819; NPDES Facility Number: NMU001971 STATUTORY AUTHORITY SECTION 309(a)(3) COMPLIANCE ORDER The following findings are made, and Order issued, under the Based on these findings and pursuant to the authority of authority vested in the Administrator of the United States Section 309(a)(3) ofthe Act, 33 U.S.C. 13 19(a)(3), EPA orders Environmental Protection Agency "EPA"), by Section309(a) of that Respondent take the following actions upon receipt of this the C lean Water Act ("Act"), 33 U .S.C. 1319(a). The Order: Administrator of EPA delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who delegated A. Within thirty (30) days of the effective date of this Order, this authority to the Director of the and Enforcement Divis ion. Respondent shall develop and implement a s ite-specific Storm Water Pollution Prevention Plan and apply for N PDES permit FINDINGS coverage, either by filing an individual permit application or an NO! to be .covered by an applicable NPDES general permit for 1. HRV Hotel Partners, LLC ("Respondent") is a " person," as discharges from 'the faci lity. Respondent shall cease and prevent defined by Section 502(5) of the Act, 33 U.S .C. 1362(5). all unpermitted discharges from the fac ility. T he NOI should be submitted by one of the fo llowing methods: 2. At all times relevant to the violations alleged herein, Respondent owned or operated Bishops Lodge, a construction I) By regular mail to: s ite of more than five acres, located in Santa Fe, Santa Fe County, Storm Water Notice Processing Center New Mexico ("facility") and was therefore an "owner or U.S. EPA, MC 4203M operator" within the meaning of 40 C.F.R. 122.2. 1200 Pennsylvania Avenue, N W Washington, D.C. 20460 3. At all times relevant to this Order, the faci lity acted as a " point source" of a "discharge" of "pollutant[s]" to the Little Tesuque Creek, thence to the Rio Grande in segment 20.6.4.121 of the Rio Grande Basin, which is considered a "water of the United States," as defined by 40 C.P.R. 122.2. As a result, Respondent and the faci lity were subject to the Act and the 2) By overnight/express mai l to: Storm Water Notice Processing Center U.S. EPA, Room 7420 1201 Constitution Ave., NW Washington, D.C. 20004 National Pollutant Discharge Elimination System (''NPDES") program. 3) Via the intemet at: http://cfpub.epa.gov/npdes/stormwater/enoi 4. T he fac ility is an industry identified under 40 C.P.R. 122.26 (b) (14) (x) and is subject to the General Permit for Storm For a status update on your NOI, call the NOI Center at (866) Water Discharges Associated with Construction Activity issued 352-7755. by EPA on February 16, 2017. B. Respondent shall simu ltaneous ly forward a cettified copy of 5. On May 23, 20 18, the facility was inspected by the the SWPPP and eNOl application to EPA at the following New Mexico Environment Depmtment on behalf of EPA. As a address: result of this inspection, the facility was found to be in violation ofSection 301 oftheAct,33 U.S.C. 1311. Ms. Stephanie Meyers Water Enforcement Branch (6EN-WS) 6. According to the EPA eNOl database that records all applications for storm water general permit coverage, Respondent did not submit a Notice of Intent (''NOI") for permit EPA, Region 6 1445 Ross Ave., Suite 1200 Dallas, TX 75202-2733 coverage for its activities at the facility, and was not covered by an NPDES permit at the relevant times for the relevant activities. C. Any other information or correspondence submitted by Respondent to EPA under this Order shall also be forwarded to 7. During the time period of May 23, 201 7 to May 23, 2018, there were ten ra infall events of one-quarter inch or greater at the faci lity resu lting in unauthorized discharges of pollutants f rom the faci lity. Each unauthorized discharge from the facility was a the above address. Based on the foregoing F indings and authority of Section 309 of the Act, 33 Respondent is req uired to do the fo llowing: pursuant to the U.S .C. 13 19, violation of Section 301 ofthe Act, 33 U.S.C. 13 11.