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HomeMy WebLinkAboutCity of Tamarac Resolution R-87-243Introduced by: y Temp. Reso. #4698 1 2 3 4 5 9 10 11 32 13 14 l5 26 17 71, 20 21 22 23 24 25 26 27 28 29 lI 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-87- -7 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A CONSENT ORDER WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, CASE. NO. 86-1135, PERTAINING TO A SETTLEMENT PAYMENT TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATIONS IN CON- NECTION WITH CITY NOT IMPLEMENTING THE ORIGINAL DEEP WELL INJECTION SYSTEM; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION _1: That the City Council of the City of Tamarac, hereby approves a Consent Order between the City of Tamarac and the Florida Department of Environmental Regulation-. pertaining to a settlement payment to the Florida Department of Environmental Regulation,, in the amount of $1,820.00 in connection with the City not implementing the original deep well injection system, attached hereto and made a part hereof as Exhibit "A". SECTION 2:- That the appropriate City Officials are hereby authorized to execute said Order. SECTION 3: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of , 1987. ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. A. YANT LE TE ITY ATT RN Y BERNARD HART MAYOR MAYOR: HART DIST. 1: C/M ROHR � DIST. 2: C/M STELZER DIST. 3: C/M HOFFMAN DIST. 4: V/M STEIN 61 0 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, Complainant, VS. CITY OF TAMARAC, Respondent. IN THE OFFICE OF THE SOUTHEAST FLORIDA DISTRICT CONSENT ORDER OGC Case No. 86-1135 This Consent Order is made and entered into between the State of Florida Department of Environmental Regulation ("Department") and City of Tamarac ("Respondent"). The Department finds and Respondent admits the following: 1. The Department is the administrative agency of the State of Florida which has the authority and duty to control and prohibit pollution of air and water in accordance with Chapters 376 and 403, Florida Statutes (F.S.), and the rules promulgated thereunder. The Department has jurisdiction over the matters addressed in this Consent Order. 2. Respondent is an incorporated municipality and a person within the meaning of Section 403.031(5), F.S. - 3. Respondent'is now and has been at all times pertinent hereto the owner of a 4.9 MGD wastewater treatment plant (WWTP) consisting of four (4) contact stabilization units discharging to a golf course pond/canal system. Respondent's WWTP was designed to serve the City of Tamarac and is located at 7805 Northwest 61st Street, Tamarac, Broward County, Florida, Section 9, Township 49 South, Range 41 East. 4. On February 27, 1985, the Department issued Temporary Operating Permit (DT 06-093765) to Respondent to temporarily operate the above -referenced WWTP with discharge to a golf course pond. Specific Condition No. 1 of said permit outlined a compliance schedule LJ �J 0 City of Tamarac OGC Case No. 86-1135 Page 2 of 7 for the construction and completion of a deep well injection system and cessation of discharge to the golf course pond. The permit expired March 1, 1987. 5. On November 19, 1985, the Department notified Respondent that construction of the deep well injection system had not begun by October 1, 1985, as required in the permit. Respondent replied with a request for additional time to allow a re-evaluation of the compliance plan. 6. On February 24, 1986, Respondent notified the Department that they no longer intended to pursue installation of a deep well injection system but instead were implementing the "201 Plan". This plan would direct all sewage flow to the Broward County North Regional WWTP, and Respondent's existing WWTP would be deactivated. Respondent estimated it would take 2 1/2 years to implement the new plan, during which time effluent would continue to discharge into the golf course pond. 7. On July 21, September 16, and December 29, 1986, the Department received progress reports with interim milestones on the status of the 201 Plan. Completion of the plan was estimated for August, 1987. 8. The City of Tamarac was issued a Notice of Violation on January 22, 1987, that addressed alleged violations of the T.O.P. conditions and of surface and ground water quality standards at the WWTP. 9. On February 4, 1987, the Department received a status report from Respondent indicating an estimated completion date of September 28, 1987, for the construction activities on the 201 Plan. 10. On February 16, 1987, Respondent met informally with the Department to discuss the alleged violations raised in the Notice of Violation with a view toward their resolution. The Department and Respondent have agreed to the entry of this Consent Order. THEREFORE, having reached a resolution of these matters pursuant to Florida Administratiave Code (F.A.C.) Rule 17-103.110(3), the Department and Respondent mutually agree and it is 0 • CJ City of Tamarac OGC Case No. 86-1135 Page 3 of 7 ORDERED: �1 Aso 11. Within thirty (30) days of the effective date of this Consent Order, Respondent shall remit to the Department the amount of $1,820.00 in settlement of the matters raised in this Consent Order. This amount includes a monetary settlement of $1,320.00 for alleged violations of Section 403.161, F.S., and $500.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Consent Order. Payment shall be made by certified check or money order to the "State of Florida Department of Environmental Regulation" and sent to the Department of Environmental Regulation, Southeast District Office, 1900 South Congress Avenue, Suite A, West Palm Beach, Florida 33406. 12. Until such time the raw sewage is directed to another regional treatment system, the existing Tamarac WWTP shall be operated in such a manner that the maximum level of efficiency is maintained at all time. The personnel in charge of the operation, supervision, and/or maintenance of the treatment facilities shall meet all requirements pursuant to the operating conditions contained in Exhibit I and in strict adherence with Chapter 403, F.S., and the rules promulgated thereunder in F.A.C. Chapters 17-3, 17-4, 17-6, 17-16, and 17-19. 13. Within ten (10) days of execution of this Consent Order, Respondent shall ensure that effluent from Respondent's WWTP shall meet high level disinfection levels for fecal coliform and chlorine residuals at all times as set forth in F.A.C. Rule 17-6.060(1)(c)3.b. 14. Pursuant to Respondent's letter dated April 9, 1987, and incorporated as Exhibit II, Respondent shall have completed construction and connection to the Broward County Utilities system by November 30, 1987. Within thirty (30) days of said connection, the existing WWTP shall be deactivated utilizing proper procedures, pursuant to the requirements of the Broward County Environmental Quality Control Board (BCEQCB). Respondent shall notify the Department at the completion of these activities. City of Tamarac OGC Case No. 86-1135 Page 4 of 7 15. Respondent shall continue quarterly groundwater sampling and reporting procedures until the WWTP is deactivated. If said reports indicate no groundwater violations of State standards, then . Rspondent shall sample the groundwater again six (6) months following closure. Should this sample meet State standards, groundwater sampling will be considered completed by the Department. Should the groundwater samples indicate groundwater violations of State standards, Respondent shall submit to the Department within fifteen (15) days a proposal with plans to properly abandon the existing monitoring wells and to install new wells. Said plan also shall include a groundwater monitoring program utilizing the new monitoring wells. Upon approval by the Department and BCEQCB, Respondent shall implement said plan within fifteen (15) days. Respondent further agrees to implement such measures deemed necessary by the Department and BCEQCB for groundwater remediation if State standards for groundwater quality are exceeded. 16. The Department shall impose and Respondent agrees to pay . a penalty of $200.00 for each day Respondent fails to comply with the corrective actions and time frames agreed to in paragraphs 11, 12, 13, 14 and 15. Respondent shall pay such assessed penalties to the Department within fifteen (15) days of receipt of written notification by the Department. Any penalties assessed under this paragraph shall be in addition to any penalties or damages that may be imposed by a court of competent jurisdiction pursuant to paragraphs 22 and 23. 17. If any event occurs which causes delay or the reasonable likelihood of delay in compliance with the requirements of the Consent Order, Respondent shall have the burden of 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. Changed economic circumstances shall not be considered circumstances beyond the control of Respondent. Upon occurrence of a delay, Respondent shall promptly notify the Department orally and shall, within seven (7) days of oral notification to the Department, notify the Department in writing of the anticipated length and cause 43 1. 0 C� 0 City of Tamarac OGC Case No. 86-1135 Page 5 of 7 of the 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 adopt all reasonable measures necessary to avoid or minimize delay. Failure of Respondent to comply with the requirements of this paragraph shall constitute a waiver of Respondent's right to request an extension of time for compliance with the requirements of this Consent Order. The Department may, at its sole discretion, waive any of the penalties provided for in this Consent Order if it determines that Respondent has made a good faith effort to comply with the provisions of this Consent Order and Department rules. 18. 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 Order. 19. Persons not parties to this Consent Order whose substantial interests are affected by this Consent Order have a right, pursuant to Section 120.57, F.S., to petition for an administrative determination (hearing) on it. The petition must conform to the requirements of F.A.C. Chapters 17-103 and 28-5 and must be filed (received) in the Department Office of General Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32301, within fourteen (14) days of receipt of this notice. Failure to file a petition within the fourteen (14) days constitutes a waiver of any right such person has to an administrative determination (hearing) pursuant to Section 120.57, F.S. 20. The Department, for and in consideration of the complete and timely performance by Respondent of the obligations agreed to in this Consent Order, hereby waives its right to seek LJ 11 L� City of Tamarac OGC Case No. 86-1135 Page 6 of 7 C7 K %. L � 0. I IF�V judicial imposition of civil or criminal penalties for alleged violations outlined in this Consent Order. Respondent waives its right to a hearing or judicial review of the terms of this Consent Order. 21. Entry of this Consent Order does not relieve Respondent of the need to comply with the applicable federal, state or local laws, regulations, or ordinances. 22. The terms and conditions set forth in this Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69 and 403.121, F.S. Failure to comply with the terms of this Consent Order shall constitute a violation of Section 403.161(1)(b), F.S. 23. Respondent is fully aware that a violation of the terms of this Consent Order may subject Respondent to judicial imposition of damages, civil penalties of up to $10,000 per day per offense, and criminal penalties. 0 • 11 City of Tamarac OGC Case No. 86-1135 Page 7 of 7 24. This Conseht'Order is the final agency action of the Department pursuant to Section 120.69, F.S., and F.A.C. Rule 17-103.110(3), and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Bearing is filed in accordance with Chapter 120, F.S. Upon the timely filing of a petition this Consent Order will not be effective until further order of the Department. CITY OF TAMARAC V ROVED AT MEETING OF A S Date FOR THE RESPONDENT: EERNARD HART ct7hv%f Tamarac 7805 Northeast 61st Street Tamarac, Florida 33321 DONE AND ORDERED this Z _ day of , 1987, in West Palm Beach, Florida. AILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to S120.52 Florida Statutes, with the designated Depart- ment Clerk, receipt of which is hereby acknow- ledged. Clerk Data STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION <: � , 4; 1, -, = = -_ , J. OTT BE ON, str ct Manager utheast Florida District 1900 South Congress Avenue, Suite A West Palm Beach, Florida 33406 Telephone: 305/964-9668 Copies furnished to: William H. Greenwood, City of Tamarac Office of General Counsel, DER, Tallahassee Broward County Health Department Broward County Environmental Quality Control Board Domestic Waste Permitting Section, DER, West Palm Beach West Palm Beach DER Files CITY OF TAMARAC WWTP SPECIFIC OPERATING CONDITIONS 1. During the period of operation allowed by t--his Consent Order Respondent shall furnish two copies of the monthly operations report on the operation of the pollution control plant, in accordance with Florida Administrative Code (F.A.C.) Chapter 17-19. Such report shall also contain information on the daily quantities of waste sludge generated at the source, type and degree of its treatment, and the site of its ultimate disposal, pursuant to F.A.C. Chapter 17--7. Reports for each month shall be submitted to the Southeast District Office of this Department and to the Local Program no later than the fifteenth of the succeeding month. 2. The discharge authorized by this Consent Order shall be consistent at all times with the technology "used standards for secondary treatment as set forth in F.A.C. Chapter 17--6. 3. The effluent from this source shall be adequately chlorinated at all times so as to yield a minimum chlorine {K residual of 1.0 ppm after a minimum contact period of forty-five (45) minutes (based upon average daily flow). 4. The treatment facilities are to be operated continuously in such a manner that the maximum level of efficiency is maintained at all times. The personnel. in charge of the operation, supervision or maintenance of the treatment facilities shall meet the requirements of F.A.C. Chapter 17-16. 5. The treatment facilities are to be operated with greater than usual operator attention and control to insure that: the past level of suspended solids removal is consistently achieved. Modifications to the treatment facilities may be required if past levels of suspended solids removal cannot be achieved consistently. 6. This Consent Order does riot relieve Respondent from compliance with the requirements of Section 27-5.09 of the Froward County Code. 7. Quarterly analysis of sludge shall be conducted as specified in F.A.C. Rule 17--7.54(1), to establish the sludge grade and the results submitted with the MOR for each January, April, July and October on a completed Section 1. of DER form 17-1.206(4) or 17-1.206(5). 3. All waste sludge shall be adequately digested prior to disposal. A minimum of twenty (20) nays solids retention -"` time :hall be maintained at all times. No sludge shall be land applied under: the provisions of F.A..C. Rule 17-7.54 without being stabilized to the degree that odors are not generated at the disposal site. A 38% volatile solids reduction through the sludge treatment process must be maintained to demonstrate compliance with land application criteria. The percent volatile solids in the raw waste sludge (V.S.R) and the digested sludge as withdrawn from the digester (V.S.D) shall be determined weekly and entered in the plant O&M log (Ref. F.A.C. Rule 17-16.360(1)(e)L The averages for the month are to be reported in the bottom margin of each Monthly Operating Report as follows: TI "Sludge Data: % V.a.IZ - .. ,%V.S.D "Total weight of digested sludge removed lbs.11 Volatile solids reduction may be calculated using the following formula: %V.S.R - %V.S.D % Volatile Solids Reduction � _ _ (% expressed as a decimal) % V.S.R -- (%V.a.R x %V.S-D) 9. Sludge disposal shall be only to a permitted solid waste r site unless the sludge is to be used in compliance with the land application criteria of F.A.C. Rule 1.7-7.54(4) or 17--7.54(5) and a completed Section 2 of DER .Form 17--1.206(4) or Form 17-1.206(5) has been received from the land application owner and maintained on file. A copy of the current completed Section 1. of these forms shall be • supplied to the owner of each application ;.site for his records. A daily log shall be maintained with an entry for each oft -site sludge disposal action listing date of release, sludge quantity (dry weight), name of receiving site, sludge hauler, and ;site type (Exempt., General Permit, or Site Permit Number). 10. Off -site sludge hauling must be done only by a hauler licensed by the Broward 'county Environmental Quality Control Board (BC QCB). Any disposal site within Broward County must be approved by the BCEQCB (Sections 27-5.044 an6 27-5.045 of the Broward County Code) . 1..1. Monitoring wells (USGS) numbered G2198, G2200, G2240 and background wells C-l-A. and C--1-B as indicated on page 2 of 3 of correspondence received from Williams, Hatfield & Stone, Inc., dated November 29, 1984 and received December 4, 1984, shall be sampled quarterly (January, April, July and October) and analyzed for Fecal Coliform, BOD5, Total, Nitrogen, Nitrate -Nitrogen, Chloride and Specific Conductance. E 0 TAMARAC UTILITIES WEST d b 7805 NORTHWEST 601 s-rREET • TAMARAC, FLORIDA 3332I d,1 TELEPHONE, 726-2300 31# � °l t 41, Certified Marl P430 394 361 APN 1 b 1(�r April 9, 1987 Dept. of iW& #CI87-112 West k aim ibjach Broward County Environmental Quality Control Board 500 Southwest 14 Court Fort Lauderdale, Florida 33315 Attention: Mr. Bruce Kester Subject: City of Tamarac Pursuing the 201 Plan with Broward County Utilities This .letter -constitutes our status report for the months of February, March and April 1987, relative to the City of Tamarac's progress in complying with the 201 Plan with Broward County Utilities. As previously stipulated, our 201 construction program is divided into three (3) separate and distinct contracts as follows: Area of Starting Completion Percent Contractor Construction Date Date Complete Man --Con Constr. University Drive 10/8/86 6/21/87 100% Reactor Controls 201 Pump Station 10/24/86 9/28/87 20% Ric -Man Int' 1 . University Drive: to Sample Road 12/15/86 8/1.2/87 30% MAN CON CONSTRUCTION This portion of they 201 Project is essentially complete, except for sodding, seeding, landscaping and paving. The 30" pipe lire along University Drive between 61st Street and Southgate Boulevard is ready to receive sewage flows. REACTOR CONTROLS, INC. Your attention is called to the fact that the City of Tamarac has offered a $500 per day incentive bonus to Reactor Control for maximum 30 day early substantial completion. This agreement was accepted by both parties on or about March 25, 1987. 9 EXHIBIT 11 h Broward County Environmental Quality control Board January 26, 1987. Pare 2 The urclergr_ouncl utilities and footers are in place and the building is starting to take shape. The major portion of this contract will ultim- ately be predicated upon delivery of critical items such as (?lectrical, mechanical, and instrumentation components. Hopefully, the bonus incentive will be effective. RIC; MAN INTERNATIONAL, INC. This contract is proceeding on schedule. 30" Pipe has been laid from the intersection of University Drive and Southgate Boulevard easterly along the C-14 Canal to a point short of Atlantic Boulevard. In conclusion, it still appears realistic that the City of Tamarac could possibly tie into the Broward County Utilities system and be delivering raw sewage, roughly two (2) months ahead of our pre - committed date of November 30, 1987. However, since construction schedules normally have a tendency to slip, the City of Tamarac still. feels comfortable with our pre -committed tie --in date of November 30, 1987. fiery truly yours, CITY OF TAMARAC W(I Nli m H. Gre .nwood Director of Utilities/Engineering . PP/shs cc: Jahn Kelly, City Manager 0. P. Board, DER C# P430-394-362 joe Lurix, DER C# P430-:394-363 Richard Walesky, DER C# P430-394-365 Scott Benyon, DER C# P430-394-367 Harvey Schneider, DER C# P430--394-366 BCEQCB/2 01 PLAN