NEW MEXICO (KRQE) – The New Mexico Environment Department (NMED) withdrew a $1.2 million fine against El Paso Water as part of a settlement of a lawsuit, according to a news release from El Paso's water utility.
In June 2022, NMED issued the fine and two Administrative Compliance Orders (ACOs), claiming that EPWater violated portions of New Mexico’s Surface and Groundwater Protection regulations when the utility discharged wastewater into the Rio Grande.
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El Paso's water utility dumped 1.2 billion gallons of sewage into the Rio Grande at Sunland Park, New Mexico, between August 2021 and January 2022. The utility discharged the water into the river after portions of the Frontera Wastewater mains experienced a "catastrophic failure," EPWater stated in a news release. The utility said they dumped the sewage in the river "in order to prevent wastewater from inundating homes, businesses, streets and in an effort to protect the public health and safety of the community."
EPWater filed a lawsuit in federal court against NMED, denying all allegations and challenging the legality of NMED’s enforcement action, claiming that NMED lacked the authority or jurisdiction to institute its enforcement action.
On Aug. 6, Judge David Briones issued an order dismissing the lawsuit and claims. As part of the settlement, EPWater will continue to provide NMED with information, documents, and materials pertaining to the wastewater discharge, according to the news release from the utility.
"When a company shows reckless disregard for New Mexico’s natural resources and public health, we’re going to show up to protect them. The people of Sunland Park were heavily impacted by the over billion gallons of sewage released by El Paso Water — that’s why we filed this case. However, after evaluating its legal merits, we’ve decided to withdraw it," NMED Director of Communications Drew Goretzka wrote in an email to KRQE.
Since the discharge, EPWater has cleaned up the area and removed 70,000 tons of impacted soil that had been stored in mounds along the riverbank. The cleanup process cost an estimated $7 million, according to the utility.
EPWater was also fined about $2 million by the Texas Commission on Environmental Quality (TCEQ) for the discharge. EPWater did not have to pay that fine, but instead used the money to clean up the sewage discharge, per an agreement with TCEQ.