Entities reach agreement and allegations dismissed
EL PASO – The New Mexico Environment Department (NMED) has withdrawn a $1.2 million fine against EPWater and all allegations of wrongdoing and directives stemming from a 2022 enforcement action brought by NMED in relationship to the Frontera Wastewater Emergency.
In June of 2022, NMED issued two Administrative Compliance Orders (ACOs), claiming that EPWater violated portions of New Mexico’s Surface and Groundwater Protection regulations as a result of the discharge of wastewater into the Rio Grande after portions of the Frontera Wastewater mains experienced a catastrophic failure in August 2021.
In response, EPWater filed a lawsuit against NMED in the United States District Court for the Western District of Texas (El Paso Division) denying all allegations and challenging the legality of NMED’s enforcement action on the basis that NMED lacked the authority or jurisdiction to institute its enforcement action.
NMED and EPWater recently entered into a settlement agreement that resulted in the resolution and dismissal of these controversies. In exchange for the withdrawal of NMED’s enforcement action EPWater will continue to provide NMED with information, documents and materials pertaining to the Frontera Emergency.
From the start of the emergency, EPWater maintained consistent communication with the Texas Commission on Environmental Quality, the Environmental Protection Agency and the International Boundary and Water Commission. Utility officials also initiated immediate cleanup of impacted areas within the Rio Grande or surrounding areas. Contractors worked seven days a week for four months to expedite the replacement of more than a mile of the Frontera pipeline.
Background: EPWater proactively started replacing the Frontera Force Mains in 2020. Beginning on August 13, 2021, when the remediation work that began in 2020 was 60% complete, the utility experienced multiple breaks to the Frontera Force Mains.
Additional breaks forced EPWater to make the difficult decision to divert wastewater to the Rio Grande during the time frame between August 2021 and January 2022 in order to prevent wastewater from inundating homes, businesses, streets and in an effort to protect the public health and safety of the community. Throughout that process, the utility maintained regular contact with the community and fully cooperated with regulatory agencies.