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HomeMy WebLinkAboutVI (C) Discussion/ Action re: Agreement for Operational Services for Composting of Domestic Wasterwater Sludge with the American Earthworm Company Inc Agenda 8-5-97 •= Item VI C o` • 4pf* f O O GOo``a`4 JAMES W.SHIRA,P.E. CITY ENGINEER/UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 PHONE(407)656-2322 EXT.142•FAX(407)656-7835 MEMORANDUM DATE: July 17, 1997 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E. City Engineer/Utilit' s Director SUBJECT: Vermicomposting Agreement Several months ago the Orange County Environmental Protection Department(OCEPD) approached us to see if we would be interested in participating in a pilot study to determine the effectiveness of vermicomposting of wastewater sludge. Vermicomposting, as it was proposed to be used here, is a process by which domestic wastewater sludge is used as a food source for earthworms. The worms would be provided all the sludge they could eat, and they would in turn, excrete the digested sludge as worm castings. It was anticipated that a combination of the earthworm's digestive process and the heat that occurs naturally in compost windrows would significantly reduce the levels of pathogens and other vectors normally found in raw wastewater sludge to the levels prescribed by the U.S. Environmental Protection Agency (USEPA) and the Florida.Department of Environmental Protection for stabilized wastewater sludge. OCEPD has determined through extensive research that The American Earthworm Company, Inc. is uniquely qualified in the field of vermicomposting, and was looking for a site for a pilot study in order to provide data to the USEPA and FDEP. We agreed to use our plant as a pilot study site, and the results of the pilot study indicated that the worms did in fact provide a high degree of stabilization. On March 21, 1997 a letter was issued by USEPA authorizing the project to proceed on a large scale basis. This letter is attached as Exhibit"A"to the proposed Agreement for Operational Services for Composting of Domestic Wastewater Sludge between the City of Ocoee and The American Earthworm Company, Inc. In the past few years, we have worked with several firms that provided sludge disposal. Our most recent contract was with a firm which received our business by competitive bidding. That firm charged us $36 per ton of sludge handled. Under the terms of this proposed Agreement, we will pay The American Earthworm Company, Inc. $20 per ton of sludge. Sludge production at the city's wastewater treatment plant averages 50 tons per week, so our annual savings will be OL THE PRIDE OF WEST ORANGE ES approximately $42,000. In addition to the potential cost savings, participation in this program puts Ocoee again on the leading edge of technology in the wastewater treatment industry. While sludge-eating earthworms may not exactly stir the soul, each effort we make toward developing low cost, environmentally friendly solutions to wastewater treatment and disposal benefits everyone. I recommend that the City Commission authorize the Mayor and City Clerk to execute the Agreement for Operational Services for Composting of Domestic Wastewater Sludge between the City of Ocoee and The American Earthworm Company, Inc. Attachment C:ALL_DATA/W ORDlws97/commission/vermi.cod AGREEMENT OPERATIONAL SERVICES VERMICOMPOSTING OF DOMESTIC WASTEWATER SLUDGE CITY OF OCOEE WASTEWATER TREATMENT FACILITY OCOEE, FLORIDA THIS AGREEMENT is made and entered into this day of , 1997 by and between the CITY OF OCOEE, FLORIDA, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761-2258, hereinafter referred to as the"CITY" and THE AMERICAN EARTHWORM COMPANY, INC. of Altamonte Springs, Florida, a Florida corporation, whose mailing address is 2226 Valencia Road, Orlando, Florida 32803, hereinafter referred to as the"CONTRACTOR". WHERE, the CITY desired to enter into an operational contract with a company, a joint venture, an individual, or group of individuals with special and unique competence and experience in the cultivation of the earthworm special Eisenia foetida, or physiologically similar species of the same or related genus, for the purpose of stabilization of domestic wastewater sludges in a manner that satisfies the requirements of the United States Environmental Protection Agency (EPA) and the Florida Department of Environmental Protection(FDEP) regarding the control of pathogens and vectors and other issues as may be delineated within any existing or forthcoming permits regarding the management through the vermicomposting of domestic wastewater sludges at the CITY's Wastewater Treatment Facility, located on AD Mims Road within the CITY's limits; and WHREAS, the CITY has determined that the CONTRACTOR is the sole qualified entity to satisfy the needs of this AGREEMENT; and WHEREAS, the CONTRACTOR represents to the CITY that it has such competence and experience essential to provide the required services; and Whereas the CITY and CONTRACTOR desire to reduce to writing their understanding and agreements on such operational services; IT IS, THEREFORE, AGREED, as follows: 1. Mutual Understanding of AGREEMENT The CITY and the CONTRACTOR understand and agree that this AGREEMENT shall cover all of the services required of the CONTRACTOR to provide, operate, manage, 1 monitor, maintain and repair a vermicomposting facility to be located at the CITY's Wastewater Treatment Facility. 2. AGREEMENT Exclusivity This AGREEMENT supersedes any existing contracts and agreements between the CITY and the CONTRACTOR related to management of domestic wastewater sludge. 3. EPA Approval The CITY and the CONTRACTOR have reviewed and accepted the provisions of an approval from EPA for the management of domestic wastewater sludge through vermicomposting, hereinafter the"APPROVAL". The APPROVAL shall be considered a part of this AGREEMENT and is attached hereto as Exhibit A. 4. EPA APPROVAL Terms as Part of the AGREEMENT The terms within the APPROVAL, as they apply to both the CITY as the Owner and the CONTRACTOR as the Installer and Operator, are incorporated into and made a part of the terms of the AGREEMENT. 5. Responsibilities of the CONTRACTOR The CITY hereby agrees that it will engage the CONTRACTOR, and the CONTRACTOR hereby agrees to perform services for the CITY in accordance with this AGREEMENT. The services and responsibilities of the CONTRACTOR shall include: • a. Engineering design of a vermicomposting facility capable of managing up to 50 wet tons per week of a mechanically dewatered domestic wastewater sludge with a moisture content allowance of 88% or lower, by weight, as measured on a composited sample once weekly. The design shall be in compliance with appropriate standards, the CITY's requirements and the terms and intent of the APPROVAL. b. Install and construct the vermicomposting facility in an area within the limits of the CITY's Wastewater Treatment Facility site as mutually agreed upon by the CITY and the CONTRACTOR. c. Provide full operational services,including necessary labor, materials and equipment, associated with the vermicomposting facility to include the gathering of the dewatered sludge at the CITY's sludge dewatering facility conveyor discharge; transport of the dewatered sludge to the vermicomposting area and distribution of the material upon the windrows; maintenance of the rows such that an active and effective earthworm biomass is sufficiently sustained to facilitate the stabilization of the sludge in compliance with the APPROVAL; maintenance 2 • of the vermicomposting facilities in a manner that meets all environmental control and housekeeping needs of the CITY and other involved regulatory authorities, and does not impose an actual nuisance to the community through the emission of odors, excessive noise, or unkept appearance; preparation and submittal by the end of the first week of each month; of an invoice and a review of the previous month's work effort to include actual quantity of sludge managed,review of facility status, description of disruptions or perturbations and methods of mitigation, laboratory results, and handling and transport of vermicompost product; management of all by-products through transport, processing and proper marketing or off site storage. d. Assume full responsibility, inclusive of any processing, testing and documentation required by the APPROVAL, of products resulting from the vermicomposting of the domestic wastewater sludge, including both the earthworm biomass and the vermicompost. This shall include (1) the installation and maintenance of an earthworm purging area in which harvested earthworms shall be retained for a period of time to ensure the destruction of pathogens as specified within the APPROVAL and 2) the installation and maintenance of a vermicompost staging area at which harvested compost will be held for a period of time to permit final polishing before transport off site. The location of the earthworm purging area and the vermicompost staging area shall be located within the CITY's Wastewater Treatment Facility site and shall be mutually acceptable to the CITY and CONTRACTOR. The areas will not be used for storage of harvested compost for a period of more than ninety (90) days. e. The CONTRACTOR represents that it will secure at its own expense all personnel required for services which are necessary under the AGREEMENT. All services under this AGREEMENT shall be performed by the CONTRACTOR, and all persons engaged in the work shall be qualified to perform such services. The CITY shall have the right of approving the project manager and professional personnel to be employed by the CONTRACTOR for the services to be rendered, understanding such right does not apply to any personnel or subcontractors involved in the processing and marketing of either the vermicompost or earthworm products. Personnel who perform services under this AGREEMENT shall not be employees of or have any contractual relationship with the CITY. f. Approval by the CITY of drawings, designs, specifications, reports, installation or materials furnished hereunder shall not in any way relieve the CONTRACTOR of responsibility for their technical adequacy. Payment for any services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of the AGREEMENT, and the CONTRACTOR shall be and remain liable in accordance with applicable law for all damages to the CITY caused by the CONTRACTOR's negligent performance of any of the services furnished under this AGREEMENT. 3 g. The CONTRACTOR shall provide professional engineering services in assisting the CITY to extend the term of the APPROVAL beyond the initial period of two years, and will make every effort reasonable to ensure such an extension is obtained, and is structured such that it is in the best interest of the CITY and the CONTRACTOR. 6. Responsibilities of the CITY a. The CITY shall commit to the CONTRACTOR access and rights to all domestic wastewater sludge which is generated within the CITY's wastewater treatment facility which meets the quality conditions as set forth in the APPROVAL and this AGREEMENT, and shall deliver no more than 50 wet tons per week or less than 60 wet tons per month without prior written approval by the CONTRACTOR. The CITY shall not, for the term of the AGREEMENT, except in cases of documented non-performance by the CONTRACTOR, or a determination by the CITY that an emergency situation exists, deliver sludge to any other managing facility, whether public or private, unless prior written approval is provided by the CONTRACTOR. b. The CITY shall allow the CONTRACTOR access to the wastewater treatment facility between the hours of 6:00 am and 6:00 pm Monday through Saturday, including holidays, and shall provide phone numbers for obtaining emergency access at other times. c. The CITY shall continue testing of the sludge in accordance with existing permit requirements, and will submit a copy of such results to the CONTRACTOR as they become available. The CITY will promptly notify the CONTRACTOR if any findings indicate the sludge is not in compliance with the terms of the AGREEMENT or the APPROVAL, or any existing permits related to sludge management. d. The CITY shall cooperate with the CONTRACTOR during the installation of the vermicomposting facility, and will make the designated area available to the CONTRACTOR at all times. e. The CITY shall place a'/a" or larger hose bib to deliver reuse water at a pressure of at least 25 psig at the vermicomposting facility and at the earthworm purging area, and shall provide 110 V single phase power at the earthworm purging area. Contractor will install only lights at each area. No mechanical equipment to be run on CITY's power meter. f. The CITY shall inform the CONTRACTOR in writing prior to any planned changes in the operation of the wastewater treatment facility which may materially impact the quantity, quality, or nature or rate of sludge.delivery. 4 g. The CITY shall agree to pursue an extension of the APPROVAL, or shall notify the CONTRACTOR of its intent not to pursue such an extension thirty (30) calendar days prior to the expiration of the APPROVAL. If the CITY decides to pursue the APPROVAL extension, it shall assist the CONTRACTOR to the extent reasonable, in preparing and executing necessary application documents. 7. Ownership of Assets and Expendables Ownership of the cover structures, vehicles and tools purchased by the CONTRACTOR shall remain the property of the CONTRACTOR. The CONTRACTOR shall retain ownership of the sludge once it has been delivered to the vermicomposting facility and has been shown to be in compliance with the AGREEMENT, the APPROVAL and any existing permits related to sludge management, when delivered to the CONTRACTOR. The CONTRACTOR shall retain ownership of the earthworms at all times, and no earthworm shall be harvested, used or removed from the site without the CONTRACTOR's written permission. 8. Measurement for Payment Payment to the CONTRACTOR shall be based upon a mutually agreed upon unit weight per load as delivered to a standard loading unit as owned by the CONTRACTOR. This unit weight shall be the arithmetic average of three (3) successive loads weighed at mutually agreed upon scales which have been properly calibrated. At the request of either party, the unit weight may be reestablished once every six (6) months. The results and agreed upon unit shall be placed in writing and the documentation made part of this AGREEMENT. Alternative methods of determining the average unit weight may be used if both parties agree in writing as to the methodology. The unit weight will be expressed in tons as two thousand (2,000) pounds. 9. CITY's Right to Terminate the AGREEMENT with Cause If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of his property, or he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled professionals or suitable materials or equipment, or if he fails to make prompt payments to subcontractors or labor, materials, or equipment, or if he disregards laws, ordinances, rules,regulations, or orders of any public body having jurisdiction over the work, or if he disregards the authority of the CITY, or he otherwise violates any provisions of the AGREEMENT, the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR fifteen (15) calendar days written notice,terminate the service of the CONTRACTOR. In such case the CONTRACTOR shall not be entitled to receive any further payment except for work completed to the time of termination. 5 • In case of such termination the CONTRACTOR shall be given ten (10) calendar days to move his equipment and materials, per Article 7, from the site, after which the CITY shall take ownership and will charge the CONTRACTOR for all documented costs associated with the handling, storage, removal and proper disposal of such materials. 10. CITY's Right to Terminate without Cause Upon thirty (30) calendar days written notice, the CITY may, without cause and without prejudice to any other right or remedy, elect to abandon the project and terminate the AGREEMENT and abandon the vermicomposting facility. In such case the CONTRACTOR shall be paid all fees due to date for sludge management services, have all retained fees returned and further, if the AGREEMENT is terminated without cause within ninety (90) days from the effective date, then the CITY shall pay the CONTRACTOR a sum of$20,000 for expenses related to movement of materials from the site. 11. CITY's Right to Stop or Suspend Work If the services provided are defective or inadequate per the terms of the AGREEMENT, and if the CONTRACTOR fails to supply sufficiently skilled professionals or labor, or suitable materials or equipment or if the CONTRACTOR fails to make prompt payment to subcontractors or labor, the CITY may, after five (5) calendar days of written notice to the CONTRACTOR, order the CONTRACTOR to suspend the work until the cause for such order has been corrected or terminate the AGREEMENT for cause as provided in Article 9 hereof. During the period of suspension the CITY may have sludge managed by other providers, and the charges for such services shall be incurred by the CONTRACTOR. 12. CONTRACTOR's Right to Terminate Agreement with Cause If the CITY fails to deliver sludge in the quantity and quality prescribed by the AGREEMENT and the APPROVAL for a documented period of ninety (90) consecutive calendar days, or the CITY fails to satisfy any other terms of this AGREEMENT and fails to make corrections within thirty (30) consecutive calendar days following written notice from the CONTRACTOR of such failure, or if the CITY fails to make a monetary payment due to the CONTRACTOR hereunder, after receipt of ten(10) days notice from CONTRACTOR,then the CONTRACTOR, may, upon fifteen (15) calendar days of written notice to the CITY, terminate the AGREEMENT plus any additional expenses so documented as having been incurred as a result of the CITY's actions or failure to act. 13. Subcontracts and Assignability The CONTRACTOR shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the CITY. Any subcontracts or other work which is performed by persons or firms other than the CONTRACTOR 6 under this Agreement shall have prior written approval of the CITY, except for those persons or companies with whom the CONTRACTOR chooses to handle materials owned by the CONTRACTOR. In any case, however, any person or company who is to be on site at the request of the CONTRACTOR shall be introduced, and the planned activities explained and approved, prior to accessing the site to the CITY and shall abide by all terms of the AGREEMENT related to protecting the CITY's facility and operational integrity. 14. Right of Marketing of Products by the CONTRACTOR It is the intent of the CONTRACTOR to package and market various products of the vermicomposting operation, including earthworms and possibly the vermicompost, or worm casings. The CITY shall allow the.CONTRACTOR reasonable flexibility in his operation to accommodate these activities, as long as they do not interfere with the CITY's standard operational procedures or jeopardize the safety and health of the employees or community and do not detract from the appearance of the facility or its acceptance by the community. Activities shall include 1) the purging of harvested earthworms within the designated purging area 2) the short term staging of harvested compost in the vermicompost staging area 3) the activity of collecting and packaging earthworms from the purging area for transport to market 4) the movement of transport vehicles to move products from the site and 5) the heat treatment of the staged vermicompost using live steam to be provided by the CONTRACTOR, at the CONTRACTOR's expense. Any other activities will require prior written approval by the CITY. The CITY shall not interfere in any way with the CONTRACTOR's right to market products unless such marketing violates the terms of this AGREEMENT or is found to be • in violation of applicable laws, ordinances or regulations. The CITY understands that the products are the sole property of the CONTRACTOR and the CITY has no rights to monies collected from the sale of products, except in the course of recovering costs per Article 9 or 11. The CONTRACTOR has no obligation to disclose to the CITY pricing related to product sales. The CONTRACTOR shall not use the name "Ocoee" or"City of Ocoee" in connection with any of its marketing activities. 15. Insurance' The CONTRACTOR shall purchase and maintain during the term of this Agreement such insurance as will protect it from workman's compensation laws, disability benefit law or other similar employee benefit plans, from claims for damages because of bodily injury, occupational sickness or disease or death of its employees and claims insured by usual personal injury liability coverage in the following amounts: $100,000 per person; $300,00 per accident, and$300,000 property damage. The CITY shall be named as an additional insured with respect to all such insurance coverage. 7 The CONTRACTOR shall provide a copy of its certificate of insurance evidencing such coverage prior to commencement of work. These certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) calendar days prior written notice has been given to the CITY. 16. Compliance with the Law The CONTRACTOR and the CITY expressly agree to comply with all laws and regulations relating to providing and administering services under this AGREEMENT. The failure of either party to adhere to any law or regulation pertaining to this AGREEMENT shall constitute a material breach of this AGREEMENT. 17. Acts of God Neither the CITY nor the CONTRACTOR shall be held responsible for damages, losses, or failure to provide services or abide by the terms of this AGREEMENT when the clear cause for such losses or failures are due to unusual Acts of God, to include hurricanes, tornadoes, fires, flooding, lightening or similar unexpected, unusual events of nature, or from military action or revolution or acts of sabotage or terrorism, or acts by the Federal Government taken to protect national security. 18. Indemnification To the fullest extent permitted by laws and regulations, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses, and expenses direct, indirect, or consequential, including reasonable • attorney's fees and costs which may be incurred by the CITY, arising out of or resulting from the performance of the terms of this AGREEMENT, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction to tangible property, including the loss of use resulting therefrom, and is caused in whole, or in part by any negligent act or omission of the CONTRACTOR, subcontractors or any person or organization directly or indirectly employed by any of these to perform or furnish any of the work covered under this AGREEMENT, or anyone whose acts any of them may be liable. 19. Term of the AGREEMENT This AGREEMENT shall be for a term of four continuous years commencing with the execution of this AGREEMENT. The final two years will be activated only upon receipt of an extension of the APPROVAL. If, after reasonable efforts by the CITY and the CONTRACTOR such an extension can not be procured, then the AGREEMENT will be terminated after the two year period. If the CITY, per Article 6(g) notifies the CONTRACTOR that it does not desire to pursue an extension of the APPROVAL, then the CITY shall pay the CONTRACTOR all fees and retainages at the end of the two year period. 8 20. Payment Schedule and Retainage At the execution of the AGREEMENT, the CONTRACTOR shall provide the CITY with a cash sum of$10,000 (Ten Thousand Dollars) for deposit into an interest bearing account to be managed by the CITY, who shall have exclusive access to such monies. For each ton of sludge managed by the CONTRACTOR, the CITY shall be charged $20.00 (Twenty Dollars), of which the CITY will, upon presentation of an acceptable invoice, pay to the CONTRACTOR$10.00 (Ten Dollars), with the remaining $10.00 (Ten Dollars) to be retained and placed in the same account as the initial $10,000 (Ten Thousand Dollars)referenced in this Article. Such retainage of fees will continue until the account, with any accrued interest, reaches an amount of$30,000.00 (Thirty Thousand Dollars), at which time all retainage will discontinue, unless the CITY finds need to use any of the funds within the retainage. Retainage will then continue until the consumed funds are replaced. The CITY will provide a written account status to the CONTRACTOR monthly. 21. CITY Use of Retained Fees The CITY may use the retained fees only in the correction of failure by the CONTRACTOR to meet the terms of AGREEMENT. To access the retainage fee, the CITY must first provide a fifteen (15) day written notice to the CONTRACTOR of the conditions perceived by the CITY as noncompliant with.the AGREEMENT. The CONTRACTOR shall, within ten (10) days of this written notice, make sufficient corrections and provide a written explanation of the corrections to the CITY. If such corrections are not adequate to bring the CONTRACTOR into compliance, or the CONTRACTOR does not provide written explanation of the corrections, the CITY may use the retainage fees as required to meet the terms of its existing sludge management permit. In addition, if the CITY attempts to deliver sludge to the CONTRACTOR during the working hours of the CONTRACTOR, which is in full compliance quantitatively and qualitatively, with the APPROVAL and the AGREEMENT, and the CONTRACTOR refuses to take possession of the sludge, or fails to be present during the delivery of the sludge, the CITY may use the retainage fees without prior notice to the CONTRACTOR, for the transport and proper disposal of that sludge refused by the CONTRACTOR. Subsequent to any use of the retainage fees, the CITY shall within five (5) days of the extraction of retainage, provide written documentation to the CONTRACTOR, with appropriate receipts of payment and a description of circumstances, the amount of retainage required to meet the sludge management needs. The retainage fees shall not be used in cases explained within Article 17. All remaining retainage, plus accrued interest, shall be returned to the CONTRACTOR upon termination of the AGREEMENT, unless the AGREEMENT is terminated by the CITY for cause in which case the remaining retainage shall be retained by the CITY. 9 22. Applicable laws This AGREEMENT shall be construed in accordance with the laws of the STATE OF FLORIDA. Any dispute relating to this AGREEMENT shall be resolved in the Circuit Court of Orange County, Florida. IN WITNESS WHEREOF, the parties set their hands and seals on the day and year first written above. ATTEST: THE AMERICAN EARTHWORM COMPANY INC. By: c Q WITNESSES: zName: Barnell Logue Title: APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING APPROVED AS TO FORM AND LEGALITY HELD ON , 199 this day of , 199 UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney 10 \e.,r\.c.r, a 30 ORANC •„,"-,- • TY GOVERNMENT , - F L ORID A L- April 21, 1997 City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Attn.: James Shira, City Engineer, P.E. Ref.: Soul Source Vermiculturist Dear Mr. Shira: Pursuant to our recent conversation, I am unaware of any individual or company who has as much experience regarding the practical applications of vermicomposting domestic wastewater residuals, than Mr. Louge. I have performed a literature search and been in contact with various experts in the field and have found no one in the southeast United States with Mr. Louge's expertise. In addition,Mr.Louge has been involved with the Orange County project from its conception giving him more first hand knowledge of the project operations and goals than any new contractor could, • if one could be found. I am confident that you will find Mr. Louge to be the soul source contractor for vermicomposting domestic wastewater residuals. Also,please find enclosed a copy of the United States EPA,Region 4, Permit regulating this project. If I can be of any further service to you, please contact me at the above address or call me at (407)836-7424. Sincerely, Bruce R. Eastman • Environmental Coordinator • BE/AHL:be • Enc.: • ENVIRONMENTAL PROTECTION DEPARTMENT ANNA HACHA-LONG, Manager 2002 East Michigan Street•Orlando,Florida 32806-4999 Telephone(407)836-7400•FAX(407)836-7499•http://www.citizens-first.co.orange.11.us ,� UNITED _1TES ENVIRONMENTAL PROTECTION:—:�ENCY Arks 111/ W REGION 4 Q ATLANTA FEDERAL CENTER Z�F O 100 ALABAMA STREET, S.W. tiT4/Z PRC0*- ATLANTA,GEORGIA 30303-3104 MAR 2 1 19g1 4WM-SWPFB q,Zto 274� Mr. Bruce Eastman oA v,rF Environmental Specialist Orange County ti'i Environmental Protection Department \ • T 2002 East Michigan Street �o` 4ft Orlando, Florida 32806 Re: Earthworm Sewage Sludge Composting Demonstration Project Dear Mr. Eastman: This letter is based upon your discussions with this office concerning your proposal to utilize earthworms in a sewage sludge composting project. Additional discussions concerning your proposal were held with Dr. Philip Kane. Dr. Kane is a representative of the Florida Department of Environmental Protection' s district office (FDEP) located in Orlando, FL. During the discussions, it was concluded that the proposed project should not pose an adverse impact on known endangered species in its area. Additionally, it was determined that utilizing the harvested worms for fish bait should not pose a significant human health problem. However, utilizing the harvested earthworms in the production of animal feed would require EPA prior approval . Pursuant to the self-complying aspect of the EPA Sewage Sludge. Technical Regulation (40 CFR Part 503) , your project may proceed without the issuance of a federal sludge use or disposal permit with the following understanding: 1) Dr. Philip Kane, acting as a representative of the FDEP, will serve as a contact for project coordination and inspection. 2) Orange County Environmental Protection Department (OCEPD) will develop a sampling and analysis (S&A) program that meets the approval of both the State and the EPA Regional Office. The S&A program will, as a minimum, include the analysis of metals, pathogens, and vectors in accordance with Part 503 . In addition, the S&A program will incorporate the concerns of the EPA Pathogen Equivalency Program (see enclosure) . The analysis will be conducted on the sewage sludge, worm castings and worm tissue. Recycled/Recyclable•Printed with Vegetable Oil Based Inks on 100%Recycled Paper(40%Postconsumer) . r 3) Site selection and project management will not: a) have an adverse impact on groundwater; b) produce a runoff to surface waters; nor c) pose a nuisance to surrounding areas . However, the OCEPD will provide this office with a topographical map identifying the location of the project. 4) The project will be conducted on property owned by the City of Ocoee and the City of Apopka. The project area shall encompass approximately two (2) acres at each site. 5) Approval from the State and the Region is needed prior to: a) land applying the worm castings or allowing public contact; and b) utilizing the earthworms in the production of animal feed. The utilization of earthworms as fish bait is conditioned upon obtaining satisfactory test results of the earthworm tissue in accordance with the approved S&A program. Should you have any questions in this regard, please do not hesitate to contact Vince Miller, EPA Region 4 Sludge Coordinator, at 404/562-9312 or Dr. Philip Kane, FDEP, at 407/894-7555 . Sincerely, ")1\-0,1a-p„,).). �},.‘. --Qtts.r Roosevelt Childress, Chief Surface Water Permits Section Surface Water Permits & Facilities Branch Water Management Division Enclosure cc: Dr. Philip Kane w enclosure FL Dept. of Environ. Protection Mr. Barnell Logue w/o enclosure American Earthworm Co. Mr. Don Palmer w/o enclosure U.S . Fish and Wildlife Service Mr. Dan McChresney w/o enclosure U.S . Food and Drug Admin.