EPA v. Red River, Town of

Case summary

EPA Region 6 issued an Administrative Penalty Order under its authority pursuant to Section 309 of the CWA to the Town of Red River, New Mexico. The Administrative Penalty Order was issued in response to a caustic soda chemical spill on January 5, 2018 which resulted in the wastewater treatment plant upset/pass through causing numerous effluent violations and fish kill. NMED performed a Reconnaissance Inspection on January 8, 2018 on behalf of EPA and noted multiple NPDES permit violations. NMDGF performed a biological assessment of the receiving stream on January 9, 2018 identifying 52 dead fish (Brown Trout). The APO proposes a Class I Civil Penalty in the amount of $5,000.00. Respondent must respond to EPA Region 6 within thirty days. A Final CAFO was issued on December 17, 2019 with the Town of Red River agreeing to pay a penalty at 25% ($1.250.00) of the penalty assessed combined with implementation of a SEP to restock Brown Trout in the affected receiving stream equal to but not less than 75% ($3,750.00) of the penalty assessed.

Defendants (1)

• Red River, New Mexico, Town ofNamed in complaintNamed in settlement

Facilities (1)

• TOWN OF RED RIVER

  HWY 38,MILE MARKER 10 IN TAOS, TAOS, NM, 87558

  Registry ID: 110002042110

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (2)

• Red River, Town ofentered 2018-07-10

  Primary law: CWA

  Federal penalty: $5,000

• Red River, Town ofentered 2019-12-17

  Primary law: CWA

  Federal penalty: $1,250 · SEP: $3,750

Timeline (3 milestones)

• 2018-05-10Complaint Filed/Proposed Order
• 2018-07-10Enforcement Action Data Entered
• 2019-12-17Final Order Issued