HomeMy WebLinkAboutItem #08 Approval of FDEP Consent Order for September 3, 2008, Wastewater Treatment Facility Spill
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Meeting Date: March 3, 2009
Item # 8
Contact Name:
Contact Number:
Charles K. Smith, P.E.
407 -905-3159
Reviewed By:
Department Director:
City Manager:
Subject: FDEP Consent Order for September 3, 2008 Wastewater Treatment Facility Spill
Background Summary: On September 3, 2008, a sewer forcemain break on the north side of S.R. 50,
1,900 feet east of its intersection with Clarke Road. The ruptured main is located in the center of the
roadside swale that conveys water eastward to wetlands on the north side S.R. 50 which is hydraulically
connected to Lake Lotta. Due to the nature and location of the main break, the rupture and spillage was
not discovered until a flow anomaly was observed at the wastewater plant.
The spillage was a violation of Florida Department of Environmental Protection (FDEP) rules and the City
has been fined $10,000 less an adjustment due to corrective action the City has undertaken; the long-term
correction being the replacement of the forcemain under construction and the western sewer transmission
main planned for the future. A short-term fix has been the modification of the operation parameter to Lift
Station #7 and installation by staff of an air release valve on the existing forcemain.
Thus, to conclude FDEP's action, the City should execute the attached consent order and pay the
administrative penalty of $6,250 and reimburse the Department cost in the amount of $1,000.
Issue: Should the City Commission authorize the Mayor to execute the FDEP Consent Order OGC File
No. 09-0229, and direct staff to proceed with the payment of the administrative penalty and administrative
cost for sanitary sewer spill on State Road 50 that occurred September 3, 2008?
Recommendations:
Motion to accept the Florida Department of Environmental Protection Consent Order OGC File No. 09-
0229, authorize Mayor to execute the consent order and authorize staff to make payment to FDEP in the
amount of $7,250.00.
Attachments:
Consent Order OGC File No. 09-0229 including the Department's backup information.
Financial Impact:
Funding will come from Wastewater Operation
Emergency Repairs ($2,250).
Type of Item: (please mark with an "x'J
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
(401-535-10) Line Items Misc Expenses ($5,000) and
For Clerk's Dept Use:
Consent Agenda
Public Hearing
_ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
1
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Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
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Florida Department of
Environmental Protection
Charlie Crist
Governor
Jeff Kottkamp
Lt. Governor
Central District
3319 Maguire Boulevard, Suite 232
Orlando, Florida 32803-3767
Michael W. Sole
Secretary
SENT VIA EMAIL TO:csmith@ci.ocoee.fl.us
February 19,2009
CITY OF OCOEE UTILITIES DEPARTMENT
1800 AD MIMS ROAD
OCOEE FL 34761
OCD-C- WW -09-0100
ATTENTION CHARLES K SMITH PE
UTILITIES DIRECTOR
Orange County - D W
Ocoee Wastewater Treatment Facility
Wastewater Facility - Permit No. FLA010815
Warning Letter No. OWL- WW-08-0035
Dear Mr. Smith:
This office has reviewed your letter responding to the proposed civil penalties for the violations
addressed in the above referenced Warning Letter. After carefully considering the information presented
in your letter, the Department tenders the attached revised Penalty Computation Worksheet as its final
position relative to civil penalties. The revised civil penalties were derived in conformance with
prescribed Departrnent rules and guidelines.
The Department has prepared a Consent Order for resolution of the referenced enforcement case. Please
review the enclosed Consent Order, and if satisfactory, sign and date the appropriate spaces and forward
to this office by March 6, 2009. A copy of the completed document will be forwarded to you.
Should the Consent Order be unacceptable, please provide this office with written notification within
twenty (20) days. Also, any specific comments that you may have should be handwritten on the attached
Consent Order and returned to this office for review along with your written notification.
If you have any questions about the terms of this Consent Order, please contact Gary P. Miller or
Clarence Anderson at (407) 893-3313.
Sincerely,
~~r
Vivian F. Garfein
VFG/ca Director, Central District
Enclosures
cc: Orange County Environmental Protection Division, michelle.narvaez@ocfl.net
DW Permitting Section
"More Protection. Less Process"
11'11'11'. deo. state. fl. us
ELRA** PENALTY COMPUTATION WORKSHEET
REVISED
Violator's Name: City of Ocoee
Identify Violator's Facility: Ocoee WWTP
Name of Department Staff Responsible for the Penalty Computations:
Clarence Anderson and Gary P. Miller
Date: February 16, 2009
PART I - Penalty Determinations
Violation
Type
Penalty
Amount
Multi-day
Adjustments
Unauthorized discharge.
$5,000.00
$5,000.00
- $3,750.00
Total Penalties for all Violations:
Total Costs and Expenses Incurred by the Department
TOTAL PENALTY
Economic benefit was considered when calculating these penalties.
** Environmental Litigation Reform Act
"The monetary computations enclosed have been formulated and
are being tendered in the context of settlement negotiations"
Total
$10,000.00
- $ 3,750.00
$ 6,250.00
$ 1.000.00
$ 7,250.00
-'
ELRA ** PENALTY COMPUTATION WORKSHEET
REVISED
City of Ocoee
Ocoee WWTF
Part II - Multi-dav Penalties and Adiustments
ADJUSTMENTS
Dollar Amount
Violation
An unauthorized discharge from the collection/transmission svstem occurred on September 2
and 3. 2008. Approximately 1.076.000 gallons ohaw sewage overflowed into Lake Lotta.
Good Faith After Discovery:
. $3.750.00
Justification: Respondent has alreadv obtained a permit & constructed a section of the
replacement force main. Respondent is committed to construction of the
remaining section of the force main. The replacement force main should prevent
future occurrence of spills.
Total Adjustments:
. $3.750.00
"The monetary computations enclosed have been formulated and
are being tendered in the context of settlement negotiations"
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Florida Department of
Environmental Protection
Charlie Crist
Governor
Jeff Kottkamp
Lt. Governor
Central District
3319 Maguire Boulevard, Suite 232
Orlando, Florida 32803-3767
Michael W. Sole
Secretary
SENT VIA EMAIL TO:csmith@ci.ocoee.f1.us
February 19, 2009
CITY OF OCOEE UTILITIES DEPARTMENT
1800 AD MIMS ROAD
OCOEE FL 34761
OCD-C- WW -09-0 I 00
A TIENTION CHARLES K SMITH PE
UTILITIES DIRECTOR
SUBJECT:
SHORT FORM CONSENT ORDER
Proposed Settlement of Ocoee WWTF Spill
aGC File No.: 09-0229
Dear Mr. Smith:
The purpose of this letter is to complete the resolution of the matter previously identified by
the Department in the Warning Letter dated October 21, 2008, a copy of which is attached. The
corrective actions required to bring your facility into compliance have been performed. The
Department finds that you are in violation of the rules and statutes cited in the attached Warning
Letter. In order to resolve the matters identified in the attached Warning Letter, you are assessed
civil penalties in the amount of$6,250.00, along with $ 1,000.00 to reimburse the Department costs,
for a total of$7,250.00.
The civil penalties are apportioned as follows: $5,000.00 for violation of Sections
403.121(3)(b) and 403.161(1)(b), Florida Statutes, and Rules 62-604.130(1) and 62-302.500(1),
Florida Administrative Code; $1,250.00 for violation of Sections 403.121(7)(a) and 403.161(1)(b),
Florida Statutes, and Rules 62-604.130(1) and 62-302.500(1), Florida Administrative Code.
The Department acknowledges that the payment of these civil penalties by you does not
constitute an admission of liability. This payment must be made payable to the Department of
Environmental Protection by cashier's check or money order and shall include the OGC File
Number assigned above and the notation "Ecosystems Management and Restoration Trust Fund".
Payment shall be sent to the Department of Environmental Protection, Central District Office, 3319
Maguire Boulevard, Suite 232, Orlando, Florida 32803-3767, within 30 days of your signing this
letter.
Your signing this letter constitutes your acceptance of the Department's offer to resolve this
matter on these terms. If you elect to sign this letter, please return it to the Department at the address
indicated above. The Department will then countersign the letter and file it with the Clerk of the
"More Protection. Less Process"
11'11'11'. deo. state. (l.lIS
I
City of Ocoee Utilities Department
OGC File No.: 09-0229
Page 2
Department. When the signed letter is filed with the Clerk, the letter shall constitute final agency
action of the Department which shall be enforceable pursuant to Section 120.69 and 403.121,
Florida Statutes.
If you do not sign and return this letter to the Department at the District address by March 6,
2009, the Department will assume that you are not interested in settling this matter on the above
described tenns, and will proceed accordingly. None of your rights or substantial interests are
detennined by this letter unless you sign it and it is filed with the Department Clerk.
Sincerely,
~~p
Vivian F. Garfein
Director, Central District
VFG/ca
FOR THE RESPONDENT:
I, Charles K. Smith, P.E., Utilities Director, on behalf of the City ofOcoee, HEREBY ACCEPT
THE TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
By:
Date:
---------------------------------------------------------------------------------
FOR DEPARTMENT USE ONLY
DONE AND ENTERED this
day of
,2009.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Vivian F. Garfein
Director, Central District
City of Ocoee Utilities Department
OGC File No.: 09-0229
Page 3
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated Department
Clerk, receipt of which is hereby acknowledged.
Clerk
Date
VFG: ca
Enclosures
cc: Lea Crandall, Agency Clerk, Mail Station 35, lea.crandall@dep.state.f1.us
DW Permitting Section
NOTICE OF RIGHTS
Persons who are not parties to this Consent Order but whose substantial interests are
affected by this Consent Order have a right, pursuant to Sections 120.569 and 120.57, Florida
Statutes, to petition for an administrative hearing on it. The Petition must contain the information
set forth below and must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS-35, Tallahassee, Florida 32399-3000, within 21 days of receipt of
this notice. A copy of the Petition must also be mailed at the time of filing to the District Office
named above at the address indicated. Failure to file a petition within the 21 days constitutes a
waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and
120.57, Florida Statutes.
The petition shall contain the following information:
(a) the Department's Consent Order identification number and the county in which the subject
matter or activity is located; (b) The name, address, and telephone number of each petitioner; the
name, address, and telephone number of the petitioner's representative, if any, which shall be the
address for service purposes; (c) A statement of how and when each petitioner received notice of
the Consent Order; (d) A statement of how each petitioner's substantial interests are affected by the
Consent Order; (e) A statement of the material facts disputed by petitioner. If there are none, the
petition must so indicate; (f) A statement of facts which petitioner contends warrant reversal or
modification of the Consent Order; (g) A statement of which rules or statutes petitioner contends
require reversal or modification of the Consent Order; and (h) A statement of the relief sought by
petitioner, stating precisely the action petitioner wants the Department to take with respect to the
Consent Order.
If a petition is filed, the administrative hearing process is designed to formulate agency
action. Accordingly, the Department's final action may be different from the position taken by it in
this Notice. Persons whose substantial interests will be affected by any decision of the Department
with regard to the subject Consent Order have the right to petition to become a party to the
proceeding. The petition must conform to the requirements specified above and be filed (received)
within 21 days of receipt of this notice in the Office of General Counsel at the above address of the
Department. Failure to petition within the allowed time frame constitutes a waiver of any right such
person has to request a hearing under Sections 120.569 and 120.57, Florida Statutes, and to
participate as a party to this proceeding. Any subsequent intervention will only be at the approval
of the presiding officer upon motion filed pursuant to Rule 28-106.205, Florida Administrative
Code.
Mediation under Section 120.573, Florida Statutes, is not available in this proceeding.
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Florida Department of
Environmental Protection
Charlie Crist
Governor
Jeff Kottkamp
Lt. Governor
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Central District
3319 Maguire Boulevard, Suite 232
Orlando, Florida 32803-3767
Michael W. Sole
Secretary
SENT VIA EMAIL TO:csmith<CD.cLocoee.fl.us
October 21, 2008
CITY OF OCOEE UTILITIES DEPARTMENT
1800 AD MIMS ROAD
OCOEE FL 34761
WARNING LETTER No. OWL-VVVV-08-0035
ATTENTION CHARLES K SMITH PE
UTILITIES DIRECTOR
Orange County - DW
Ocoee Wastewater Treatment Facility
Wastewater Facilitv - Permit No. FLA010815
Dear Mr. Smith:
The purpose of this letter is to advise you of possible violations of law for which you may be
responsible, and to seek your cooperation in resolving the matter. A field inspection conducted
on September 3, 2008, of the Ocoee VVVVTF collection/transmission system near 10131 West
Colonial Drive indicates that a violation of Florida Statutes and Rules may exist at the above
described system. Department of Environmental Protection personnel observed the following at
the above described sy stem:
1. An unauthorized discharge (spill) was reported to the Department on September 3,
2008. It is estimated that 1,076,000 gallons of untreated wastewater spilled into a
wetlands system which leads to Lake Lotta. The discharge was caused by a failed force
main in the collection/transmission system. In addition, the City's response to this spill
was inadequate. Vacuum tankers from private contractors were on-ha nd at 8:00 AM on
September 3, 2008 but were not utilized until approximately 12:10 PM that day. All on-
site vacuum tankers should have been utilized to their maximum extent in order to
reduce or halt the release of wastewater to surface waters of the State.
2. The follow-up written report regarding the spill was not adequate. The report was
received by the Department on September 3, 2008 and revised on September 30, 2008.
This report did not include the description of the area affected by the spill (including the
name of water body affected) and a description of steps taken or planned to reduce,
eliminate, and prevent recurr ence of the noncom pliance.
Ocoee Wastewater Treatment Facility
Warning Letter No. OWL-WW-08-0035
Page 2
Section 403, Florida Statutes, provides that:
A. Florida Statutes, Chapter 403.161 Prohibitions, violations, intent (1) It shall be a
violation of this chapter, and it shall be prohibited for any person: (b) To fail to obtain any
permit required by this chapter or by rule or regulation, or to violate or fail to comply with
any rule, regulation, order, permit, or certification adopted or issued by the Department
pursuant to its lawful authority.
B. Florida Administrative Code Rule 62-604.130 Prohibitions. The following acts and
the causing thereof are prohibited. (1) The release or disposal of excreta, sewage, or
other wastewaters or residuals without providing proper treatment approved by the
Department; construction or operation of a wastewater collection system not in
compliance with this rule; or any act otherwise violating provisions of this rule or of any
other rules of the Department.
C. Florida Administrative Code Rule 62-302.500 Surface Waters: Minimum Criteria,
General Criteria. (1) Minimum Criteria. All surface waters of the State shall at all places
and at all times be free from: (a) Domestic, industrial, agricultural, or other man-induced
non-thermal components of discharges which, alone or in combination with other
substances or in combination with other components of discharges (whether thermal or
non-the rmal).
D. Florida Administrative Code Rule 62-620.610 General Conditions for All
Permits. All wastewater facility permits, except General Permits, issued by the
Department shall include the following conditions: (20) The permittee shall report to the
Department any noncompliance which may endanger health or the environment. Any
information shall be provided orally within 24 hours from the time the permittee becomes
aware of the circumstances. A written submission shall also be provided within five days
of the time the permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance and its cause; the period of
noncompliance including exact dates and time, and if the noncompliance has not been
corrected, the anticipated time it is expected to continue; and steps taken or planned to
reduce, eliminate, and prevent recurrence of the noncompliance.
The activities noted during the Department's field inspection and any other activities at your
system which may be contributing to violations of the above described statutes or rules should
be ceased. Operation of a system in violation of state statutes or rules may result in the
potential liability for damages and restoration, and the judicial imposition of civil penalties,
pursuant to Sections 403.141 and 403.161, Florida Statutes.
You are requested to contact Clarence Anderson or Daniel K. Hall of this office at (407)
893-3313 within 15 days of receipt of this Warning Letter to arrange a meeting to discuss this
matter. The Department is interested in reviewing any facts you may have that will assist in
determining whether any violations have occurred. You may bring anyone with you to the
meeting that you feel could help resolve this matter. The Department has tentatively calculated
penalties for the violations addressed above and may discuss the penalties at the meeting.
Ocoee Wastewater Treatment Facility
Warning Letter No. OWL-WW-08-0035
Page 3
Please be advised that this Warning Letter is part of an agency investigation, preliminary to
agency action in accordance with Section 120.57(4), Florida Statutes. We look forward to your
cooperation in completing the investigation and resolution of this matter.
Sincerely,
aua~c~
for Vivian F. Garfein
Director, Central District
VFG/wh
cc: Orange County Environmental Protection Division, michelle.narvaez@ocfl.net
CITY OF OCOEE SIGNATURE PAGE
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY ON
this day of , 2009.
FOLEY & LARDNER LLP
By:
City Attorney
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
DATE:
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
,2009,
UNDER AGENDA ITEM NO.