The state Environment Department has issued a compliance order against the City of Rio Rancho for violating its state permit by illegally discharging treated wastewater into ponds at Chamisa Hills Country Club.

The order was issued on Friday and carries daily fines of $30,000.

The order alleges the city violated its discharge permit by failing to inspect liners of ponds at the country club, neglecting to submit a corrective action plan to the department as required under the permit and illegally discharging wastewater from the city to ponds at the country club. This compliance order was issued two days after the city failed to meet the NMED’s deadline, which was imposed in January, for the city to produce a cleanup plan to remedy violations at Chamisa Hills Golf and Country Club.

Mayor Michael Williams said the NMED has failed to show evidence of the city’s alleged violation.

“I told NMED from the beginning that I would assist them in facilitating anyway possible to correct what they thought was a problem.

However, they have failed to show me any documentation or any proof whatsoever other than words out of their mouth that there is a problem,” Williams said. “That is no different than me as a law enforcement officer of accusing someone of a crime without seeing it.”

Williams is a retired law enforcement officer, having served 31 years.

“We said from the beginning, show us what’s wrong and then there is something we can facilitate,” Williams said. “We can’t do it if they don’t show me what’s wrong other than cleaning the ponds. To panic the good citizens of Rio Rancho without good documentation and no proof is ludicrous.”

The city filed a lawsuit against NMED on Wednesday in the 13th Judicial District Court in Sandoval County, asking the court to block the department from imposing fines against the city.

“Over the last 30 days, it became apparent that the only resolution the city was left with was to have citizens of Rio Rancho pay for technically unsupported remediation of a private golf course,” City Manager Jim Payne said. “With no other alternatives, we proceeded with today’s (Wednesday’s) action of filing suit in the 13th Judicial District Court.

Nevertheless, the city hopes that the issues relating to all the lagoons at the golf course can be resolved quickly and amicably and without resort to litigation in the courts.”

NMED issued the city a notice for violating its discharge permit at Chamisa Hills where ducks have died from avian botulism in the ponds.

The permit requires that the city inspect effluent storage lagoons at the golf course for integrity and, if needed, submit a corrective action plan to the department. According to the NMED, the city did not fulfill that responsibility.

The NMED wants the city to clean sludge in ponds, remove vegetation that harms liners in ponds and investigate the integrity of the liners. Once completed, the NMED will transfer future operational responsibilities to the country club.

District 3 city councilor Delma Petrullo, whose district includes the ponds, disagrees with NMED’s findings and says the city sends water quality testing results to the NMED monthly and has not violated the mandated water quality standard.

Water tests show the reclaimed wastewater to be near pristine.

“NMED didn’t kill common sense, but they sure were there for the burial,” Petrullo said. “The situation is absolutely out of hand at this point. Nothing NMED is stating is based on fact that can be supported. The water we give them (Chamisa Hills) is absolutely fine. The source of the water is fine.”