'Potential enforcement action'
EPA says federal law provides for closed GWTP hearing with city officials

Copyright © 2009
Gallup Independent
By Kathy Helms
Diné Bureau

WINDOW ROCK — A closed telephone call show-cause hearing for Gallup Wastewater Treatment Plant is still on for April 14, according to the U.S. Environmental Protection Agency.

David Bary, public information specialist for EPA, Region 6, said Tuesday that the hearing is closed because it is an enforcement matter.

“The provisions of the Clean Water Act allow for a respondent, in this case, the city of Gallup, to present their information in what we call a show-cause meeting. These meetings are not open to the public because of the sensitive nature of potential enforcement action,” he said.

Last July, GWTP received an unsatisfactory rating from New Mexico Environment Department in six of seven categories pertaining to its federal discharge permit. The inspection was held after a June 24 spill following loss of power at the plant.

About 1,800 gallons of raw sewage went into the Rio Puerco. In a Dec. 4 administrative order, EPA cited the city with violations of the Clean Water Act.

Leonard DeLayo, executive director for the New Mexico Foundation for Open Government, said recently that he believes the meeting should be open to any concerned individuals.

“I think something of this magnitude, when it’s public health, it should be open and they should not be allowed to close the conference call or any other meeting concerning it,” DeLayo said.

However, Bary said, “If there were immediate health concerns, the Environmental Protection Agency would have already taken the necessary steps to work with state and local officials to address any health concerns. We haven’t seen that.

“When we have this conference call with the city we will, of course, enter into a dialog with them and we will take their position into consideration. The matter will remain under enforcement review until our enforcement staff decide what next steps are appropriate.”

Bary said it can take weeks, sometimes months, before a decision is reached due to competing priorities and the complexity of the case, but once a decision has been made, EPA will announce it publicly.

“Federal law requires that these show-cause meetings be closed to the public in the interest of due process,” he said.

The city has no say in whether the meeting is closed.

“They’re obligated to follow the law as the Environmental Protection Agency is. In the interest of due process we have to ensure the rights of the respondent in this case, the city of Gallup.”

Lance Allgood, executive director of Gallup Joint Utilities Administration, said recently that the city is having independent entities come in and do some evaluations to help them with their process control.

Regarding the April 14 hearing, Allgood said, “As far as we’re concerned, we’ve answered all their questions and corrected all the issues; but it’s hard to tell with the regulators, so we’ll just see what the outcome is on the 14th.”

Allgood said GWTP does not have any new projects designed yet which would allow it to receive federal stimulus money, but they are on the state’s list for revolving loan funds.

“We have not made any direct applications through the state agencies that, as far as we know, will get the money. I’m not sure anybody knows exactly how the money is going to trickle down yet,” he said.