Document o9D6LnBJRQ8E99oyKg6ve0gMD

REGION 6 DA LLAS, TX 752 70 December , 2025 TRANSMITTED VIA E-MAIL Mr. Juan Crosby Executive Director Camino Real Regional Utility Authority P.O. Box 429 Sunland Park, NM 88063 juan.crosby@sunlandpark-nm.gov RE: Administrative Order; Docket Number: CWA-06-2026-1701 North Wastewater Treatment Plant NPDES Permit Number: NM0031178 Dear Mr. Crosby: Enclosed is an Administrative Order (AO) issued to the Camino Real Regional Utility Authority (CRRUA), for violations of the Clean Water Act (CWA), 33 U.S.C. 1251 et seq. Violations were identified during a review of the permit file, inspection report, and discharge monitoring reports submitted for the North Wastewater Treatment Facility. The violations alleged are for failure to meet permit effluent and monitoring requirements, and operation and maintenance requirements. The Environmental Protection Agency (EPA) requests that you immediately confirm receipt of this e-mail and the attached order by a response e-mail to vaughn.alan@epa.gov. 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 the effective date of the AO. 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-06-2026-1701 and NPDES Permit Number NM0031178 on your response. If you have any questions, please contact Mr. Alan Vaughn of my staff at (214) 665-7487 or vaughn.alan@epa.gov. Sincerely, Digitally signed by MARGARET OSBOURNE Date: 2025.12.09 06:55:58 -06'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Camino Real Regional Utility Authority Administrative Order Docket Number: CWA-06-2026-1701 Pg. 2 Enclosure(s) ec: Ms. Shelly Lemon, Chief NMED Surface Water Quality Bureau shellylemon@env.nm.gov Ms. Susan Lucas Kamat, Program Manager NMED Point Source Regulation susan.lucaskamat@env.nm.gov UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2026-1701; TPDES Permit Number: NM0031178 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 delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who delegated this authority to the Director of the Enforcement and Compliance Assurance Division. FINDINGS 1. Camino Real Regional Utility Authority (CRRUA) (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 the Sunland Park North Wastewater Treatment Plant (facility) located at 5500 McNutt Road in Sunland Park, Dona Ana 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 final wastewater discharge to the Rio Grande in Segment No. 20.6.4.101 of the 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. 7. Respondent applied for and was issued NPDES Permit No. NM0031178 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which was issued on December 30, 2018, and subsequently re-issued on August 1, 2025. 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 contains "Limitations and Monitoring Requirements" that place 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. Part I.C. of 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. The permit requires Respondent to submit monitoring information electronically through Net-DMR. 10. DMRs electronically submitted by Respondent showed discharges of pollutants from the facility that exceed the permitted effluent limitations established in the permit, as specified in Attachment B, which is incorporated herein by reference. 12. On May 20, 2025, New Mexico Environment Department (NMED) staff conducted an inspection of the facility's wastewater treatment system to verify compliance with the CWA and NPDES permit. As a result of the inspection, several findings as specified in paragraph 14 below were made. 13. Pursuant to Part III.B.3.a under Operations and Maintenance, "The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and relate appurtenance) which are installed or used by permittee 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 this permit 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. 14. The Respondent failed to meet Part III.B.3.a of Proper Operations and Maintenance by failing to operate and maintain the facility as follows: a. An air leak was identified in the south first stage aeration basin. Docket No. CWA-06-2026-1701 Page 2 b. The parshall flume had algae build-up and the staff gauge was not legible due to the algae coverage. c. A white blanket of material covered the digestor surface. The blanket is reportedly from the discharge from Stampede Meat, Inc. d. At the belt press, polymers were overflowing from the storage barrel. There is no secondary containment to prevent the polymer from being discharged. e. There is excessive vegetative growth at the outfall. 15. Each instance in which Respondent discharged pollutants to waters of the United States in amounts exceeding the effluent limitations contained in the permit and failed to meet the conditions of the permit as described above is a violation of the permit and Section 301 of the Act, 33 U.S.C. 1311. SECTION 309(a)(3) COMPLIANCE ORDER 16. 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 action: A. Take such measures as are necessary to comply with all permit conditions, including Effluent Limitations, Monitoring and Reporting Requirements, and proper Operations no later than thirty (30) days from the effective date of the Order. B. Within thirty (30) days of the effective date of this Order, Respondent shall submit a list of the specific actions taken to correct the CBOD5, TSS and E. coli effluent violations, and Operations and Maintenance fixes. E. Any information or correspondence submitted by Respondent to EPA under this Order shall be submitted, via email, to the following: Mr. Alan S. Vaughn vaughn.alan@epa.gov GENERAL PROVISIONS Respondent may seek federal judicial review of the 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. C. Within thirty (30) days of the effective date of this Order, Respondent shall provide written certification to EPA Region 6 that the violations cited herein have been corrected and the facility is compliant with the requirements of the permit. D. In the event that Respondent believes complete correction of the violations cited herein is not possible within thirty (30) days of the effective date of this Order, Respondent shall, within thirty (30) days of the effective date of this Order, submit a comprehensive written plan for the elimination of the cited violations within the shortest possible time. Such plan shall describe in detail the specific corrective actions to be taken and why such actions are sufficient to correct the violations. The plan shall include a detailed schedule for the elimination of the violations within the shortest possible time, as well as measures to prevent these or similar violations from recurring. For purposes of the identification requirement in Section 162(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. 162(f)(2)(A)(ii), and 26 C.F.R. 1.162-21(b)(2), performance of Paragraph 16 (Section 309(a)(3) Compliance Order) is restitution, remediation, or required to come into compliance with the law. The effective date of this Order is the date it is received by Respondent. Digitally signed by MARGARET OSBOURNE Date: 2025.12.09 06:53:20 -06'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division ATTACHMENT A Camino Real Regional Utility Authority (CRRUA) NPDES Permit Number NM0031178 Permit Limits Effluent Parameter Total Suspended Solids (TSS) Percent Removal (minimum) TSS Biochemical Oxygen Deman, 5-day (BOD) E. Coli Bacteria Outfall 001 30-Day Avg. mg/L (lbs/day) 30 mg/l (250) 7-Day Avg. mg/L (lbs/day) 45 mg/l (376) 001 > 85% 001 30 mg/l (250) 45 mg/l (376) 001 (2.53x109 126 cfu/100 ml cfu/day) 410 cfu/100 ml ATTACHMENT B CRRUA NORTH WASTEWATER TREATMENT PLANT NPDES Permit Number NM0031178 Effluent Violations Monitoring Period 04/30/2021 04/30/2021 04/30/2021 06/30/2021 06/30/2021 09/30/2021 08/31/2022 09/30/2022 09/30/2022 10/31/2022 10/31/2022 10/31/2022 12/31/2022 12/31/2022 04/30/2023 06/30/2023 06/30/2023 06/30/2023 06/30/2023 06/30/2023 06/30/2023 06/30/2023 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 07/31/2024 07/31/2024 Outfall 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 Parameter BOD, 5-day, 20 deg. C BOD, 5-day, 20 deg. C E. coli E. coli E. coli E. coli E. coli E. coli E. coli BOD, 5-day, 20 deg. C BOD, 5-day, 20 deg. C E. coli E. coli Solids, total suspended E. coli BOD, 5-day, 20 deg. C E. coli Solids, suspended percent removal Solids, total suspended Solids, total suspended Solids, total suspended Solids, total suspended BOD, 5-day, 20 deg. C E. coli E. coli E. coli Solids, total suspended Solids, total suspended Solids, total suspended Solids, total suspended BOD, 5-day, 20 deg. C BOD, 5-day, 20 deg. C Statistical Base Units 30DA AVG mg/L 7 DA AVG mg/L DAILY MX CFU/100mL 30DAVGEO CFU/100mL DAILY MX CFU/100mL DAILY MX CFU/100mL DAILY MX CFU/100mL 30DAVGEO BCFU/d DAILY MX CFU/100mL 7 DA AVG lb/d 7 DA AVG mg/L DAILY MX CFU/100mL DAILY MX CFU/100mL 7 DA AVG mg/L DAILY MX CFU/100mL 30DA AVG mg/L DAILY MX CFU/100mL MO AV MN % 30DA AVG lb/d 30DA AVG mg/L 7 DA AVG lb/d 7 DA AVG mg/L 30DA AVG mg/L 30DAVGEO BCFU/d 30DAVGEO CFU/100mL DAILY MX CFU/100mL 30DA AVG lb/d 30DA AVG mg/L 7 DA AVG lb/d 7 DA AVG mg/L 30DA AVG lb/d 30DA AVG mg/L Permit Limit 30. 45. 410. 126. 410. 410. 410. 2.53 410. 376. 45. 410. 410. 45. 410. 30. 410. 85. 250. 30. 376. 45. 30. 2.53 126. 410. 250. 30. 376. 45. 250. 30. DMR Value 30.8 53. 490. 333.1 748. 4346. 9600. 3.58 1537. 483.39 77.8 20000. 16909. 45.5 1000. 32.15 415. 79.71 338.69 50.48 539.36 82.7 31.17 9.5 318.6 2419. 308.3 46.5 638.8 100. 274.82 42.14 Monitoring Period 07/31/2024 07/31/2024 07/31/2024 07/31/2024 07/31/2024 07/31/2024 07/31/2024 07/31/2024 07/31/2024 07/31/2024 08/31/2024 08/31/2024 09/30/2024 09/30/2024 09/30/2024 09/30/2024 10/31/2024 10/31/2024 11/30/2024 11/30/2024 11/30/2024 12/31/2024 12/31/2024 12/31/2024 12/31/2024 02/28/2025 02/28/2025 Outfall 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 Parameter BOD, 5-day, 20 deg. C BOD, 5-day, 20 deg. C E. coli E. coli E. coli Solids, suspended percent removal Solids, total suspended Solids, total suspended Solids, total suspended Solids, total suspended E. coli Solids, suspended percent removal BOD, 5-day, 20 deg. C BOD, 5-day, 20 deg. C BOD, 5-day, 20 deg. C E. coli BOD, 5-day, 20 deg. C E. coli Solids, total suspended Solids, total suspended Solids, total suspended BOD, 5-day, 20 deg. C E. coli E. coli E. coli E. coli E. coli Statistical Base Units 7 DA AVG lb/d 7 DA AVG mg/L 30DAVGEO BCFU/d 30DAVGEO CFU/100mL DAILY MX CFU/100mL MO AV MN % 30DA AVG lb/d 30DA AVG mg/L 7 DA AVG lb/d 7 DA AVG mg/L DAILY MX CFU/100mL MO AV MN % 30DA AVG lb/d 30DA AVG mg/L 7 DA AVG mg/L DAILY MX CFU/100mL 7 DA AVG mg/L DAILY MX CFU/100mL 30DA AVG mg/L 7 DA AVG lb/d 7 DA AVG mg/L 7 DA AVG mg/L 30DAVGEO BCFU/d 30DAVGEO CFU/100mL DAILY MX CFU/100mL 30DAVGEO BCFU/d DAILY MX CFU/100mL Permit Limit 376. 45. 2.53 126. 410. 85. 250. 30. 376. 45. 410. 85. 250. 30. 45. 410. 45. 410. 30. 376. 45. 45. 2.53 126. 410. 2.53 410. DMR Value 442.52 70. 37.47 1248. 2419.6 75.98 277.11 41.8 573.6 75. 613.1 80.46 258.3 34.43 45.9 1011.2 48.5 2419.6 33.6 414.5 77.9 60. 7.57 241.4 516.3 3.2 1529.