HomeMy WebLinkAboutCity of Tamarac Resolution R-87-243Introduced by: y Temp. Reso. #4698
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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
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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
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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
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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.
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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
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City of Tamarac
OGC Case No. 86-1135
Page 6 of 7
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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.
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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
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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.
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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