PFAS: New Mexico Environment Department and United States Air Force (Cannon Air Force Base) Enter into Settlement Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The New Mexico Environment Department (“NMED”) and the United States Air Force entered into a Settlement Agreement (“Agreement”) addressing a previously issued Administrative Compliance Order (“ACO”).

The ACO addressed an allegation that Cannon Air Force Base (“Cannon”) discharged without a groundwater permit and failed to provide NMED with required information about PFAS and poly-Fluoroalky substances.

Cannon is located near Clovis, New Mexico.

PFAS consist of a large group of man-made chemicals. Their properties include resistance to heat, water, and oil. They have been described as persistent in the environment and resist degradation.

NMED issues groundwater discharge permits to entities that release wastewater and where contaminants may enter the environment.

The following violations were alleged:

  1. Discharging effluent from Respondent's wastewater treatment facilities so that it could move directly or indirectly into groundwater without a discharge permit issued by the Department in violation of 20.6.2.3104 NMAC, and
  2. Failing to submit a complete permit renewal and modification application to address the significant change in the quality of Cannon's discharge in violation of 20.6.2.3106.C NMAC.

The Agreement proposes to assess a civil penalty of $250,947.60.

Further, Cannon is stated to have submitted a complete Discharge Permit Renewal and Modification earlier in the year in accordance with the Administrative Compliance Order.

A copy of the Agreement can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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