HomeMy WebLinkAboutCity of Tamarac Resolution R-87-242Introduced by: //f% Temp. Reso. #4663
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-87-�;,Z
A RESOLUTION APPROVING AND AUTHORIZING THE APPRO-
PRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT
BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL REGU-
LATION, AND THE CITY OF TAMARAC, FLORIDA, PERTAIN-
ING TO A SETTLEMENT PAYMENT TO FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION AND SETTING FORTH THE
CONDITIONS FOR CLOSING THE SLUDGE FARM AND MONI-
TORING OF THE SITE; AND.PROVIDING FOR AN EFFEC-
TIVE DATE.
BE IT RESOLVED -BY THE CITY COUNCIL OF THE CITY OF TAMARAC,
'FLORIDA:
SECTION 1: That the City Coun, cil of the City of
Tamarac hereby approves an Agreement between the City of Tamarac
and Florida Department of Environmental Regulation. pertaining
to.a settlement payment to the Florida Department of Environ-
mental Regulation. in the amount of $5,310.00 and setting forth
the conditions for closing the sludge Farm and monitoring of the
site, attached hereto and made a part hereof as Exhibit "A";
SECTION_2: That the appropriate City Officials are
hereby authorized to execute said Agreement.
SECTION 3: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED thiso2`l day of1987.
BERNARD RT
AT EST: MAYOR
(J�p ILZM'�
'4� ('�
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this RESOLUTION.
A. BRYA T APP T
CITY TTORN Y
MAYOR:HART
DIST. 1: C/M ROHR
DIST. 2: C/M STEIZERJ
DIST, 3: C/M HOFFMAN Cf
DIST. 4: V/M STEIN
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
0
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION,
Complainant,
VS. OGC Case No. 86-1520
CITY OF TAMARAC,
a Municipal Corporation,
Respondent.
CONSENT AGREEMENT
This Consent Agreement is made and entered into between the
Complainant, State of Florida Department of Environmental Regulation
("Department") and Respondent, City of Tamarac. The Department
finds and Respondent admits the following:
1. The Department is the administrative agency of the
State of Florida charged with the duty to protect Florida's air and
water resources and to administer and enforce Chapter 403, Florida
0 Statutes, and the rules promulgated thereunder, Florida Administra-
tive Code Title 17.
2. Respondent is a person within the meaning of Section
403.031, Florida Statutes.
3. Respondent operates a sludge disposal site located in
Section 7, Township 49 South, Range 41 East, Broward County, Florida
at Lat: 26 degrees 11'46" North; Long: 80 degrees 17'll" North.
Respondent's sludge disposal site is further described as located at
Northwest 100 Avenue and Commercial Boulevard, Tamarac, Florida.
Said sludge is collected at the Tamarac Utilities West Wastewater
Treatment Plant; which plant is scheduled to be taken out of service
permanently prior to the end of 1987.
4. On September 26, 1985, Respondent was issued Operating
Permit #SO 06-091729 to operate the sludge disposal site. The per-
mit expired July 12, 1986.
5. On June 23, 1986, Respondent filed DER Application File
-1-
'No. SO 06-121716 to continue operating the sludge disposal site.
6. Department personnel evaluated the above -referenced
application and found it to be incomplete. On July 15, 1986, the
Department notified Respondent that the application was incomplete
and requested Respondent to provide additional information. The
10 additional information was received by the Department on July 30,
1986.
7. On September 26, 1986, the Department issued an Intent
to Deny DER Application File No. SO 06-121716. The Intent to Deny
contains specific reasons for denial of the permit and is attached
and incorporated herein as Exhibit I. On October 28, 1986, the
Department issued a Final Order Denying Application for Permit to
Respondent, and it is attached and incorporated herein as Exhibit
II.
8. Ground water monitoring analyses submitted by
Respondent during 1985 and 1986 showed nitrate levels in excess of
the drinking water standard set forth in Rule 17-3.091, F.A.C.
9. Respondent's activities have resulted in violations of
Section 403.161(l)(a), Florida Statutes, which makes it unlawful to
cause pollution.
10. Respondent's activities have resulted in violations of
Section 403.161(1)(b), Florida Statutes, which makes it unlawful to
fail to comply with any rule, regulation or permit adopted or issued
by the Department.
11. Respondent was informed of the violations, and in a
meeting with Department representatives on January 22, 1987, a reso-
lution was devised.
The Department and Respondent having met to resolve the
matter at hand and having reached a mutually agreeable settlement of
the above --referenced matters pursuant to Rule 17-103.110(3), F.A.C.,
it is therefore:
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12. Respondent shall cease discharge of sludge on the
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sludge disposal site as of January 22, 1987.
13. Respondent agrees to sample all monitor wells and ana-
lyze for the following parameters on a monthly basis and report all
results to the Department;
a. Total Nitrogen (mg/1)
b. Nitrate as N (mg/1)
C. Ammonia as N (mg/1)
d. Specific Conductance.(mhos/cm)
e. COD (mg/l)
f. Fecal Coliforms (#/100 ml)
g. pH (std. units)
14. Respondent agrees to sample all monitor wells and ana-
lyze for the following parameters on a quarterly basis (February,
May, August, November) and report all results to the Department:
a. Cadmium (mg/1)
b. Lead (mg/1)
c. Zinc (mg/1)
d. Nickel (mg/1)
e. Copper (mg/1)
15. In the event that the above described sampling and ana-
lysis demonstrate to the Department that no further violations of
ground water quality standards are occurring, Respondent may discon-
tinue such sampling and analysis as of January 1, 1988.
16. Should the monthly sampling and analysis reveal viola-
tions of ground water quality standards, Respondent shall increase
sampling frequency from monthly to weekly. In the event that above --
described sampling and analysis demonstrate three (3) consecutive
violations of ground water quality standards, the Respondent will
implement the correction actions for ground water contamination
cases, a copy of which is incorporated and attached as Exhibit III.
17. The Department hereby waives the 12-month restriction of
public access to the sludge disposal site after each sludge applica-
tion as specified in Rule 17-7.54(4)(d)4.c., F.A.C. Public access
to the site shall only be restricted until January 1, 1988.
18. In consideration for this Agreement Respondent agrees to
withdraw its Appeals of Final Department actions filed in City of
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Tamarac v. State of Florida Department of Environmental Regulation,
Case No. SO-06-121716, and City_ of Tamarac V. State of Florida
De artment of Environmental Regulation, File No. 86-1520. The
Department and Respondent agree that each shall bear all costs
incurred in reference to the above appeals and that neither shall
10 seek to have the other pay attorney's fees or costs.
19. Respondent shall make payment to the Department of
$5,310.00 in settlement for the matters raised in this Consent
Agreement. The amount shall be made payable to the Department of
Environmental Regulation and delivered to the Southeast Florida
District, 1900 S. Congress Avenue, Suite A, West Palm Beach,
Florida, 33406, within 20 days of the execution of this Consent
Agreement. The Department, for and in consideration of the complete
and timely performance by Respondent of the obligations agreed to in
this Consent Agreement, hereby waives its right to seek judicial
imposition of additional civil penalties concerning the issue
resolved by this Consent Agreement.
20. Persons not parties whose substantial interests are
affected by this Consent Agreement have a right, pursuant to Section
120.57, Florida Statutes, to petition for an administrative deter-
mination (hearing) on it. The petition must conform to the require-
ments of Chapters 17-103 and 28-5, Florida Administrative Code, and
must be filed (received) in the Department's Office of General
Counsel, 2600 Blair Stone Road, Tallahassee, Florida, 32399-2400,
within twenty-one (21) days of receipt of this notice. Failure to
file a petition within the twenty-one (21) days constitutes a waiver
of any right such person has to an administrative determination
(hearing) pursuant to Section 120.57, Florida Statutes.
21. This Consent Agreement is final agency action of the
Department pursuant to the Section 120.69, Florida Statutes, and
Florida Administrative Code Rule 17-103.110(3), and it is final and
effective on the date filed with the clerk of the Department unless
a petition is filed in accordance with the preceding paragraph.
Upon timely filing of a petition, this Consent Agreement will not be
effective until further order of the Department.
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22. Respondent waives its right to an administrative hearing
on the terms of this Consent Agreement under Section 120.57, F.S.,
and its right to appeal this Consent Agreement pursuant to Section
120.68, F.S.
23. Except as specifically set forth herein, entry of this
46 Consent Agreement does not relieve Respondent of the need to comply
with applicable federal, state, or local laws, regulations, or ordi-
0-
nances.
24. The terms and conditions set forth in this Consent
Agreement may be enforced in a court of competent jurisdiction pur-
suant to Sections 120.69 and 403.121, Florida Statutes. Failure to
comply with the terms of this Consent Agreement shall constitute a
violation of Section 403.161(1)(b), Florida Statutes.
25. Respondent is fully aware that a violation of the terms
of this Consent Agreement may subject Respondent to judicial imposi-
tion of damages, civil penalties up to $10,000 per offense, and cri-
minal penalties.
26. Respondent shall allow all authorized representatives of
the Department access to the property at reasonable times for the
purpose of determining compliance with the terms of this Consent
Agreement and the rules of the Department.
27. The Department hereby expressly reserves the right to
initiate appropriate legal action to prevent or prohibit future
violations of applicable statutes or the rules promulgated there-
under not covered by the terms of this Consent Agreement.
28. No modification of the terms of this Consent Agreement
shall be effective until reduced to writing and executed by both the
Respondent and the Department.
29. Nothing herein shall be construed to limit the authority
of the Department to undertake any action against Respondent in
response to or to recover the costs of responding to conditions at
or from the site which may present an imminent hazard to the public
health, welfare or the environment if:
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A. The conditions were previously unknown Leo or undetailed
by the Department:
B. The conditions result from the implementation of the
requirements of this Consent Agreement=
C. O previously reviously unknown facts arise or are discovered
after the entry of this Consent Agreement.
. . 30. All reports, plans and data required by this Consent
Agreement to be submitted to the Znvironmental Manager, Rnforcement
Section, Department of Environmental Regulation, Southeast Florida
District, 1900 S. Congress Avenue, quite A, Nest palm Beach,
llorida, 33406. ,
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PONDENT:
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or
City of Tamarac
5811 N.W. 88th Avenue
Tamarac, Florida 33321
DONE AND ORDERED this
day of 1987, in
, Florida.
,.... o*.F .•,L. JGl-r'ENT
y u� �r'�:n ;t to S120.52
Depart.
Florida S'c•:ut='�"� t acknow,
ment Cie+k, racei'A c�t.erwuy
ledged.
9 �
Clerk Date
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION
Southeast Florida District
1900 Congress Avenue
West Palm Beach, Florida 33406
(305) 689-5800
I
r
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
In the Matter of an
Application for Permit by:
City of Tamarac
5811 Northwest 88 Avenue
Tamarac, Florida 33321
INTENT TO DENY
DER File No. SO-06--121716
The Division of Environmental Permitting hereby gives notice
'
I.
of its intent to deny a permit for the proposed project as
detailed in the application specified above. The Division is
issuing this Intent to Deny for the reasons stated below.
• The applicant, The City of Tamarac, applied on June 23, 1986
to the Department of Environmental Regulation for a permit to
operate a sludge disposal site.
The Department has permitting jurisdiction under Section
403.087(1)� Florida Statutes, and Sections 17-4.07(1),
17-4.07(3), 17_7.030 0) and 17-7.030(6)(d)►
F.A.C.. The project
is not exempt from permitting procedures. The Department has
de
termined that a Solid Waste permit is required for the proposed
work.
Pursuant to Section 403.815, F.S• and DER Rule 17-103.150,
FAC, you (the applicant) are required to publish at your own
expense the enclosed Notice of Proposed Agency
Action on permit
application. The notice must be published one time only in a
section of a major newspaper of general circulation in the county
s from
• in which the project is located and within thirty (30) day d to
receipt of this intent. Proof of publication must be provide
the Department within seven days of publication of the notice.
Failure to publish the notice and provide proof of publication
within the allotted time may result in the denial of the
permit. ,
EXHIBIT I
The Department intends to deny this permit for the following
specif ic, reasons:
Section 403.0870 ), F.S., No stationary installation which'
will reasonably be expected to be a source of air or water
pollution shall be operated, maintained, constructed, expanded
or modified without an appropriate and currently valid permit
issued by the Department.
F.A.C. Rule 17-4.07 0 ), A permit may be issued to the
applicant upon such conditions as the Department may direct,
only if the applicant affirmatively provides the Department with
reasonable assurance based on p
fans, test results and other
information, that the construction, expansion, modification,
operation, or activity of the installation will not discharge,
emit, or cause pollution in contravention of Department standards
or rules.
F.A.C. Rule 17-4.07(3), if, after review of the application
and all the information, the Department determines that the
construction, modification, expansion, or operation of the
installation will not be in accord with applicable laws, rules,
or regulations, including rules and regulations of approved local
programs, the Department shall deny the permit.
F.A.C. Rule 17-7.030(1), Permit Requirements. No resource
recovery and management facility or site shall be operated, main-
tained, constructed, expanded, modified, or closed without an
appropriate and currently valid permit issued by the Department
as defined in Florida Administrative Code Rule 17-4.
F.A.C. Rule 17-7.030(6)(d), Construction, Operation and
Closure Permits. The Department, following an evaluation of a
permit application and all supporting information, shall: Deny
the issuance of a permit if reasonable assurances are not
provided that the requirements of Florida Administrative Code
Rule 17-7 and other applicable laws and rules will be satisfied.
2
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The
referenced application for the operation of a sludge disposal
site was. received on June 23,, 1986. The applicant was sent a
timely notice on July 151 1986, indicating
that the application
was incomplete and that additional information was needed to
complete the application. The additional information was
received in our office on July 30, 1986.
Based upon our review of the application in accordance with the
aforementioned rules above, it is our determination that the
applicant has not provided reasonable assurance that the
continued operation of this disposal site will not cause
poll
ution in contravention of the Department standards, rules and
regulations.
The department intends to deny this permit for the reason stated
TP
below:
1. Groundwater monitoring analyses submitted by
the applicant to
the Departm
ent violate the drinking water standard for
Nitrate. The maximum contaminant level is 10.0 milligrams per
liter for Nitrate. The figures below are a tabulation of this
data by date, monitoring well location and nitrate level.
Monitoring Well
Nitrate Analysis
Date
10.4 milligrams/liter
07-16�85
N,W.
30 feet
07-16-85
S.W.
15 "
10.8 " "
"
07-16-85
N.W.
15 "
11.2 "
10-28-85
N.W.
15
12.7 " "
"
11-12-85
N.W.
15 "
11.96 "
04-21-86
N•W'
15 "
12.6
"
07-12-86
N.W.
15 "
22.26
3
04
The Department will deny the permit with the attached
conditions unless petition for an administrative proceeding
(hearing) is filed pursuant to the provisions of Section 120.57,
the
F.S.. A person whose substantial interests are affected by
Department's proposed permitting decision may Petition for an
administrative proceeding (hearing) in accordance with Section
20.57, Florida Statutes -
requirement of Florida Administrative Code Rules 17-103.155 and
L28-5.201 (copies enclosed) and be filed with the Office of General
Counsel of the Department at 2600 Blair Stone Road, Tallahasseer
.Florida 32301-8241. Petitions filed by
the,permit applicant must
be filed within fourteen (14) days of receipt of this intent.
Failure to file a petition within this time period shall
constitute a waiver of any right such person may have to request
an administrative determination (hearing) under Section 120.57,
Florida Statutes, concerning the subject permit application.
Petitions which are not filed in accordance with the above
provisions will be dismissed.
1986
DONE AND ENTERED THIS -,�
day of
in West Palm Beach, Florida.
JSB:j1:lp
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION
J Cott BOnyon
Pi6trict Manager
3301 Gun Club Road
West Palm Beach, Florida 33402
305/689-5800
Copies furnished to:
Broward County Environmental Quality Control Board
Office of Genera
Mr. Anthony A. Nolon, P.E.
4
01
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CERTIFICATE OF SERVICE
This is to certify that this NOTICE OF INTENT TO DENY and
all copies were mailed before the close of business on
to the listed persons.
Clerk Stamp
FILING AND ACKNOWLEDGEMENT
FILED, on this date, pursuant to
5120.52(9), Florida Statutes, with
the designated Department Clerk,
receipt of which is hereby
acknowledged.
Clerk Date
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E XJ7 1017- -4�-
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BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
In the Matter of:
Application for Permit By: )
City of Tamarac )
5811 Northwest 88 Avenue .)
Tamarac Florida 33321 )Application No. SO 06-121716
FINAL ORDER DENYING APPLICATION FOR PERMIT
TO: City of Tamarac
5811 Northwest 88 Avenue Tamaracr Florida
The applicant, The City of Tamarac, applied for a permit
under Chapter 403.087(4), Florida Statutes to:
Operate a sludge disposal site.
The application was received and reviewed. A "Notice of
Intent to Deny" the above application was issued to the Applicant on
, a copy of which is attached hereto. The Notice
stated with particularity the specific grounds on which the intended
denial was based. The reasons stated in.the.."Notice.Qf Intent to
Deny" which support a denial of the described permit application are
expressed, adopted, and incorporated herein by reference.
EXHIBIT II
10
The Applicant was advised in the "Notice of Intent to Deny" of
the right to petition within fourteen (1.4) days for an adminis-
trative hearing concerning this matter under Section 120.57,
Florida Statutes. The Applicant declined or failed to exercise
0 this right to an administrative hearing.
0
THEREFORE the permit application is hereby denied. Any Party
to this Order has the right to seek judicial review of the
Order Pursuant to Section 120.68, Florida Statutes by the filing of
a Notice of Appeal pursuant to Rule 9.110, Florida Rules of
Appellate Procedure, with the clerk of the Department in the Office
of General Counsel, 2600 Blair Stone Road, Tallahassee, Florida
32301; and by filing a copy of the Notice of Appeal accompanied by
the applicable filing fees with the appropriate District Court of
Appeal. The Notice of Appeal must be filed within 30 days from the
date this Order is filed with the clerk of the Department.
DONE AND ORDERED THIS day of Q[-- 199?%:--
in West Palm Beach, Florida.
State of Florida Department
of Environmental Regulation
LJ
;1strict
cott nyo Manager
JSB:j1:lp
Attachment:
cc: Broward County Environmental Quality Control Board
Office of General Counsel
Mr. Anthony A. Nolon, P.E.
CERTIFICATE OF SERVICE
This is to certify that this NOTICE OF FINAL ORDER OF DENIAL
0 and all copies were mailed before the close of business on
Oct. 28, 1986to the listed persons.
Clerk Stamp
FILING AND ACKNOWLEDGEMENT
FILED, on this date, pursuant to
§120.52to), Florida Statutes, with
the designated Department Clerk,
receipt of which is hereby
acknowledged.
October 28, 1986
Clerk r� Date
CORRECTIVE ACTIONS FOR GROUNDWATER CONTAMINATION CASES
�FXA//,#,4/T
o.?,7-v2�2�,
L7
1. Within 60 days, Respondent shall submit to the
Department a detailed written Contamination Assessment Plan
("CAP") unless the Department has required prior submittal of a
Preliminary Contamination Assessment Plan ("PCAP"), in which case
the Department will notify Respondent as to whether or not a CAP
will be required.
A. The objectives of the CAP shall be to:
(1) Establish the areal and vertical extent of
soil, sediment, surface water and groundwater contaminations
(2) Determine or confirm the contaminant source(a);
mechanisms of contaminant transport; rate and direction of
contaminant movement in the air, soils, surface water and ground-
water; and rate and direction of groundwater flow;
(3) Provide a complete characterization of the
contamination plume(s);
(4) Determine whether interim remedial measures are
necessary to abate any imminent hazard. '
B. The CAP shall contain tasks, the purposes of which
are to arrive at the objectives described in subparagraph 1.A.
above. The CAP shall include a reasonable time schedule for
completing each task. The tasks may include but are not limited
to the following:
(1) Use of piezometers to determine the horizontal
and vertical directions of the groundwater flow;
(2) use of electromagnetic conductivity (EM) and
other geophysical methods to trace extent of groundwater
contamination;
(3) Use of fracture trace analysis to discover
linear zones in which discrete flow could take place;
(4) use of sand point or monitoring wells to sample
areas of contaminated groundwater and to determine the vertical
and horizontal extent of the groundwater plume;
EXHIBIT III
M
(5) Sampling of private wells;
(6) Sampling of surface water and sediments;
(7) Sampling of air for airborne contaminants;
(8) soil sampling surveys using grid systems;
geophysical equipment such as EM, magnetometers, and metal
detectors to detect drums, tanks, etc; vapor analyzers; and
Extraction Procedure (EP) toxicity testing;
(9) Analysis of soils and drum residues for
• hazardous waste determination and waste characterization.
C. The CAP shall include a quality assurance/quality
control plan ("QA/QC Plan"), which shall apply to all sampling and
analysis required by this Consent Order. The QA/QC Plan shall be
prepared in accordance with the requirements set forth in the
document entitled "DER Guidelines for Preparing Quality Assurance
Plans, DER-QA-001/85". A copy of the document is available upon
request from the Department. A QA/QC Plan is required for all
persons collecting or analyzing samples. The Department reserves
the right to reject all results submitted by Respondent prior to
QA/QC Plan approval.
2. The Department shall review the CAP and provide the
Respondent with a written response to the proposal. Respondent
shall not implement the CAP until Respondent receives written
notification from the Department that the CAP has been approved.
3. In the event that additional information is necessary
_ for the Department to evaluate the CAP, the Department shall make
a written request to Respondent for the information, and
Respondent shall provide all requested information in writing to
the Department within 20 days from receipt of said request unless
the requested information requires additional field work in which
case the Respondent shall submit to the Department a written
schedule for completing the field work needed tQ provide the
requested information.
4. In the event that the Department determines that the CAP
submitted by Respondent does not adequately address the objectives
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Respondent shall then have 30 days from the Department's
notification to resubmit a modified CAP addressing the
deficiencies noted by the Department.
5. If the Department determines upon review of the
resubmitted CAP that the CAP still does not adequately address the
objectives of the CAP as set forth in subparagraph I.A. above, the
Department, at its option, may choose either to:
A. Draft specific modifications to the CAP and notify
Respondent in writing that the Department's modifications shall be
incorporated in the CAP; or
B. Notify Respondent that Respondent has failed to comply
with paragraph four above, in which case the Department may do any
or all of the following: take legal action to enforce compliance,
file suit to recover damages and civil penalties, or complete the
corrective actions outlined herein and recover the costs of
completion from Respondent.
6. once a CAP has been approved by the Department it shall
become effective and shall be implemented within ten days of the
Department's notification to Respondent that the CAP has been
approved. The CAP shall incorporate all required modifications to
the CAP identified by the Department.
7. within 45 days of completion of the tasks in the CAP,
Respondent shall submit a written contamination assessment report
("CAR") to the Department. The CAR shall:
A. Summarize and analyze all CAP tasks;
B. Discuss the CAP objectives outlined in subparagraph
t.A., and
C. Specify conclusions regarding CAP objectives outlined
in subparagraph I.A.
S. The Department shall review the CAR and determine
whether it has adequately met the objectives specified in
subparagraph I.A. In the event that additional information is
necessary to evaluate the CAR, the Department shall make a written
request and Respondent shall provide all requested information
3
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within 20 days of receipt of said request unless the requested
information requires additional field work in which case the
Respondent shall submit in writing to the Department a reasonable
schedule for completing the field work needed to provide the
requested information.
9. If'the Department determines from review of the CAR that
there is a need for a Feasibility Study ("FS"), Respondent shall
submit to the Department for its review a Feasibility Study Plan
("FSP"). The FSP shall be submitted within 30 days of receipt by
Respondent of the Department's determination that,& FS for a
particular site is necessary. The purpose of the FS is to develop
and evaluate all alternatives in order to identify the most cost
effective and environmentally round remedial action for the site.
The FSP shall provide an outline of the elements to be included in
the FS and shall explain how Respondent plans to address each of
the elements. The FSP shall provide a detailed description of the
technical approach Respondent shall use to address each task to be
conducted during the FS. At a minimum, the FSP shall address the
following task elements:
A. The objectives of the remedial action, as required by
Department rules and state and federal statutess e.g., to prevent
groundwater contamination; to remove, contain or render harmless
the contamination source; to cleanup to the water quality criteria
and minimum standards in Florida Administrative Code Chapter 17-3;
etc.:
H. Risk assessment, which shall include consideration of
the toxicity, transport mechanisms, persistence in the environment,
and impacts on human health and the environment of the substances
associated with the site;
C. Methods to quantify contaminant movement off -site,
to identify impact zones, and to identify and quantify hazardous
zones;
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D. Development of criteria for evaluation of remedial
alternatives for the site, to include at a minimum, environmental
protection, environmental effects, implementability, capital costs,
operations and maintenance costs, present worth, safety
requirements during implementation, reliability, operation and
maintenance requirements, feasibility, time required to achieve
cleanup, and legal consideration of the alternatives;
E. Identification and review of pertinent treatment,
containment, removal and disposal technologies;
F. Screening of technologies to detect the most
appropriate technologies and to eliminate those clearly not
feasible or appropriate;
G. Pilot tests or bench testa to evaluate the
alternatives if necessary;
H. Review and selection of potential remedial
alternatives using criteria established in tasks D through G
above:
I. Selection of the best remedial alternative; and
J. A reasonable timetable for completion of the tasks,
10. The Department shall review the FSP and provide
Respondent with a response to the proposal. Respondent shall
not implement the FS tasks until Respondent receives written
notification from the Department that the FSP has been approved.
11. In the event that additional information is necessary for
the Department to evaluate the FSP, the Department shall make a
written request; and Respondent shall provide all requested
information in writing to the Department within 20 days from
receipt of said request.
12. In the event that the Department determines that the FSP
submitted by Respondent does not adequately address the objectives
in paragraph nine, the Department will notify Respondent in writing
of the FSP's deficiencies. Respondent shall then have 20 days from
the Department's notification to submit a modified FSP addressing
the deficiencies noted by the Department.
5
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13. If the Department determines upon review of the
resubmitted FSP that the FSP still is not adequate, the
Department, at its option, may choose either tot
A. Draft specific modifications to the FSP and notify
Respondent in writing that the Department's modifications shall
be incorporated in the FSP; or
9. Notify Respondent that Respondent has failed to
comply with paragraph 12 above, in which case the Department may
do any or all of the following: take legal action to enforce
compliance, file suit to recover damages and civil penalties, or
complete the corrective actions outlined herein and recover the
costs of completion from Respondent.
14. Once the FSP, with modifications, if any, has been
approved by the Department, it shall become effective and shall
be implemented by Respondent within ten days of the Department',
notification to Respondent that the FSP has been approved.
15. Within 45 days of completing the FS, Respondent shall
Submit a FS Report to the Department. The FS Report shall:
A. Summarize and analyze all FS task results; and
H. Propose a conceptual remedial action plan based on
the selection process carried out in the FS.
16. The Department shall review the FS Report and determine
whether it has adequately met the remedial action objectives. In
the event that additional information is necessary to evaluate the
FS report, the Department shall make a written request and
Respondent shall provide all requested information witin 20 days
from receipt of said request.
17. Within 45 days of receipt of written approval of the FS
Report from the Department or within 30 days of the Department's
determination pursuant to paragraph nine above that no FS is
necessary, Respondent shall submit to the Department a detailed
Remedial Action Plan ("RAP"). The RAP shall include:
A. Design and construction details for the remedial
alternative selected;
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9. Operational details of the remedial i'.'::on;
C. QA/QC and safety plans; and
D. Proposed methodology for evaluation c- •_he site
status after the remedial action is complete to ver'.:y
accomplishment of the goals of the RAP.
18. Remedial tasks shall be designed to achir:-e cleanup of
the contaminated areas to levels that meet the wa•..- quality
standards and criteria established by the Departm_r:-., or such
other levels as may be set forth in the F& Repor.:, done.
19. The Department shall review the proposed and provide
Respondent with a written response to the proposal. Respondent
shall not implement the RAP until Respondent rece:v s written
notification from the Department that the RAP b&S r-%ien approved.
20. In the event that additional informatics: necessary
for the Department to evaluate the RAP,'the Departr.irnt shall make
a written request to Respondent for the informatics, and
Respondent shall provide all requested information :n writing to
the Department within 20 days from receipt of sairequest unless
the requested information requires additional fie_- work in which
case the Respondent shall submit in writing to the 'epartment a
reasonable schedule for completing the field work 7_eded to
provide the requested information.
21. In the event that the Department determines that the
RAP submitted by the Respondent does not adequate:._ address the
objectives set forth in paragraphs 17 and 18, the :apartment
will notify the Respondent in writing of the RA?' ::eficiencies.
The Respondent shall then have 20 days from the G.--)-rtment's
notification to resubmit a modified RAP addressing -he
deficiencies noted by the Department.
22. If the Department determines upon review c' the
resubmitted RAP that the RAP still does not adequc.:sly address
the objectives of the RAP, the Department, at its :,-)tion, may
chose to either:
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A. Draft specific modifications -to the RAP and notify
the Respondent in writing that the Department's modifications
shall be incorporated into the RAP; or
B. Notify the Respondent that Respondent has failed to
comply with the paragraph 21 above, in which case the Department
may do any or all of the following: take legal action to enforce
compliance, file suit to recover damages and civil penalties, or
complete the corrective actions outlined herein and recover the
costs of completion from Respondent.
. 23. Once a RAP has been approved by the Department, it shall
become effective and shall be implemented within ten days of the
Department's notification to the Respondent that the RAP has been
approved. The RAP shall incorporate all required modifications to
the RAP identified by the Department.
24. on the first working day of each month, after beginning
implementation of a CAP, FSP or RAP, Respondent shall submit
written progress reports to the Department. These progress
reports shall describe the status of each required CAP, PSP and
RAP task. The reports shall be submitted until planned tasks
Piave been completed to the satisfaction of the Department.
25. Respondent shall provide written notification to the
Department at least ten days prior to installing monitoring or
recovery wells, and shall allow Department personnel the
opportunity to observe the location and installation of the
wells. All necessary approvals must be obtained from the
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Water Management District before Respondent installs the wells.
26. Respondent shall provide written notification to the
Department at least ten days prior to any sampling, and shall
allow Department personnel the opportunity to observe sampling or
. to take split samples. Raw data shall be exchanged between the
Respondent and the Department as soon as the data are available.
27. If any event occurs which causes delay'or the reasonable
likelihood of delay in the achievement of the requirements of
these Corrective Actions, Respondent shall have the burden of
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proving that the delay was or will be caused by circumstances
beyond the reasonable control of Respondent, and could not have
been or cannot be overcome by due diligence. Upon occurrence of
the event Respondent shall promptly notify the Departmnent
verbally and shall, within seven calendar days, notify the
Department in writing of the anticipated length and cause of
delay, the measures taken or to be taken to prevent or minimize
the delay, and the timetable by which Respondent intends to
implement these measures. If the parties can agree that the delay
or anticipated delay has been or will be caused by circumstances
beyond the reasonable control of Respondent, the time for
performance hereunder shall be extended for a period equal to the
delay resulting from such circumstances. Such agreement shall be
confirmed by letter from the Department accepting or if necessary
modifying the extension request. Respondent shall adopt all
reasonable measures necessary to avoid or minimize delay. Failure
of Respondent to comply with the notice requirements of this
paragraph shall constitute a waiver of Respondent's right to
request an extension of time to complete the requirements of these
Corrective Actions. Increased costs of performance of any of the
activities set forth in these Corrective Actions or changed
economic circumstances shall not be considered circumstances
beyond the control of Respondent.
28. Respondent shall immediately notify the Department of
any problems encountered by Respondent which require modification
of any task in the approved CAP, FSP or RAP, and obtain Department
approval prior to implementing any such modified tasks.
29. All sampling and analysis required under these
Corrective Actions shall be accomplished pursuant to the
following procedures:
A. All sampling shall be done in the manner consistent
with Standard operation Procedures and Quality Assurance Manual,
August 1980, U.S. Environmental Protection Agency, Region IV, and
Supplement "A" thereto, June, 1981, FDER;
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B. All laboratory data submitted shall contain a
complete explanation of quality control procedures used to
guarantee the reliability and accuracy of analytical data, and
those laboratory procedures used shall be those approved by
the Department. The test methods to be used in analyzing any
parameters shall be the EPA approved test methods for the
specific parameter to be analyzed unless otherwise notified
by the Department;
C. All field testing, sample collection and
preservation, and laboratory testing, including quality control
procedures, shall be in accordance with the QA/QC plan approved
by the Department.
30. Should the Department conclude that cleanup of the
contaminated area to levels meeting the standards and criteria
set forth in Chapter 17-3, Florida Administrative Code, is not
feasible, or should Respondent not completely implement the RAP
as approved by the Department, the Department may seek restitution
from Respondent for environmental damages resulting from pollution
of the groundwater as a result of Respondent's actions. Within 20
days of receipt of Department notification of its intent to seek
said restitution, Respondent may pay the amount of the damages
or may, if it so chooses, initiate negotiations with the
Department regarding the monetary terms of restitution to the
State. Respondent is aware that should a negotiated aum or other
compensation for environmental damages not be agreed to by the
Department and Respondent within 20 days of receipt of Department
notification of its intent to seek restitution, the Department may
institute appropriate action, either administrative, through a
Notice of violation, or judicial, in a court of competent
jurisdiction through a civil complaint, to recover Department
assessed environmental damages pursuant to Section 403.141,
Florida Statutes.
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