HomeMy WebLinkAboutItem #03 Approval of FDEP Consent Order for December 2, 2009, Lift Station #1 Overflow
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AGENDA ITEM COVER SHEET
Meeting Date: May 4, 2010
Item # 3
Contact Name:
Contact Number:
Charles K. Smith, P.E.
407 -905-3159
Reviewed By:
Department Director:
City Manager:
Charles K. Smit
Robert Fr
Subject: FDEP Consent Order for December 2, 2009 Lift Station #1 Overflow
Background Summary: Lift Station #1, on or near the morning of November 27th, 2009 experienced a
failure in operation which was caused by an increased loading of grease/oil. Failure occurred when grease
buildup around the floats inhibited them from tripping, including the high level alarm float. The station had
been inspected on Tuesday November 24th, 2009 and found to be operating normally, with less than 50%
grease liquid coverage. Three days later, on November 27th, (the day after Thanksgiving) the station had
95% coverage. While it cannot be verified, it is staff's opinion that there was significant illicit disposal of
grease/oil into the sanitary sewer collection system leading to the failure.
The failure of the station resulted in spillage flowing into a landlocked retention area located on sewer plant
property. The spillage was a violation of Florida Department of Environmental Protection (FDEP) rules and
resulted in a possible fine of $2,000/day. The District lessened the violation to a single day due to the
following corrective actions taken or planned by the City:
1. Higher level of service for lift station: Station had been scheduled for grease removal upon 50%
fluid level coverage which shall be decreased to 25%. In addition, stations with historical buildups
shall be cleaned before similar holiday events.
2. Increased maintenance staff contact for remote stations or those with historical problems: The
City's current level of service has been one inspection per week for each of the stations. For the
historically critical and remote stations, the contact level will be increased to two times per week.
3. Stations with higher grease loading will be retrofitted with a flushing/agitation device: Station #1 is
scheduled to be retrofitted with pump rehabilitation within the next 30 days.
4. Public Education: Staff is developing a bill stuffer to address the illicit dumping of materials,
chemicals and grease/oil into the sewer system. This mailing will be added to November (pre-
holiday) utility bills. Also, staff is developing a more comprehensive sanitary sewer pretreatment
program that should be presented to City Commission in the summer of 2010.
5. Staff will be evaluating a second or modified high alarm system such as radar or hypersonic level
sensors.
Thus, to conclude FDEP's action, the City should execute the attached consent order and pay the
administrative penalty of $2,000 and reimburse the Department's costs in the amount of $1,000.
Issue: Should the City Commission authorize the Mayor to execute the FDEP Consent Order OGC File
No. 10-1294, and direct staff to proceed with the payment of the administrative penalty and administrative
cost for the overflow of Lift Station #1 that occurred December 2, 2009?
Recommendations:
Motion to accept the Florida Department of Environmental Protection Consent Order OGC File No. 10-
1294, authorize Mayor to execute the consent order and authorize City Manger to make payment to FDEP
in the amount of $3,000.00. .
1
Attachments:
Consent Order OGC File No. 10-1294 including the Department's backup information.
Financial Impact:
Funding will come from Wastewater Operation (401-535-10) Line Item Emergency Repairs (4663).
Type of Item: (please mark with an "x')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deat Use:
_____ Consent Agenda
Public Hearing
_____ Regular Agenda
Original DocumenUContract Attached for Execution by City Clerk
Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
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N/A
N/A
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
April 1, 2010
CITY OF OCOEE UTILITIES DEPARTMENT
1800 AD MIMS ROAD
OCOEE FL 34761
OCD-C- WW -10-0228
ATTENTION CHARLES K SMITH PE
UTILITIES DIRECTOR
SUBJECT:
Proposed Settlement of Ocoee WWTF Spill
OGC File No. 10-1294
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 February 11, 2010, 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 $2,000.00,
along with $1,000.00 to reimburse the Department costs, for a total of $3,000.00.
The civil penalty in this case includes 1 violation of $2,000.00 or more.
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 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 Sections 120.69 and 403.121, Florida Statutes.
"More Protection. Less Process"
1I'1I'w.deo.state. (l.lIS
City of Ocoee Utilities Department
OGe File No. 10-1294
Page 2
If you do not sign and return this letter to the Department at the District address by
April 23, 2010, the Department will assume that you are not interested in settling this
matter on the above described terms, and will proceed accordingly. None of your rights
or substantial interests are determined by this letter unless you sign it and it is filed with
the Department Clerk.
Sincerely,
~~C~
for Vivian F. Garfein
Director, Central District
VFG / ca
FOR THE RESPONDENT:
I, S. Scott Vandergrift, Mayor, on behalf of the City of Ocoee, HEREBY ACCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
By:
Date:
City of Ocoee Utilities Department
OGC File No. 10-1294
Page 3
FOR DEPARTMENT USE ONLY
DONE AND ENTERED this
day of
,2010.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Vivian F. Garfein
Director, Central District
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated
Deparhnent Clerk, receipt of which is hereby acknowledged.
Clerk
Date
Attachments
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 Counset 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 during the course
of the proceeding; (c) An explanation of how the petitioner's substantial interests will
be affected by the Consent Order; (d) A statement of when and how the petitioner
received notice of the Consent Order; (e) A statement of all material facts disputed by
petitioner, if any; (f) A statement of the specific facts the petitioner contends warrant
reversal or modification of the Consent Order; (g) A statement of which rules or
statutes the petitioner contends require reversal or modification of the Consent Order;
and (h) A statement of the relief sought by the petitioner, stating precisely the action
petitioner wishes 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.
Florida Department of
Environmental Protection
Charlie Crist
Governor
Jeff Kottkamp
Lt. Governor
P'll-
.
Central District
3319 Maguire Boulevard, Suite 232
Orlando, Florida 32803-3767
Michael W. Sole
Secretary
SENT VIA EMAIL TO:csmith@cLocoee.fl.us
February 11, 2010
CITY OF OCOEE UTILITIES DEPARTMENT
1800 AD MIMS ROAD
OCOEE FL 34761
WARNING LETTER No. OWL-WW-10-0004
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
December 3, 2009, of the Ocoee WWTF collection/transmission system at 1110 Nicole Boulevard
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
system:
An unauthorized discharge (spill) was reported to the Department on December 2,
2009. It is estimated that 720,000 gallons of untreated wastewater from Lift Station #1
spilled into a City-owned storm water pond. The discharge was caused by a malfunction of
the lift station due to an accumulation of grease and rags.
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.
"More Protection. Less Process"
www.deO.state.(l.lIs
City of Ocoee Utilities Department
Warning Letter No. OWL-WW-10-0004
Page 2
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.
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,
~~~
Vivian F. Garfein
Director, Central District
VFG/ca
cc: Orange County Environmental Protection Division, michelle.narvaez@ocfl.net
OW Permitting Section
ELRAU PENALTY COMPUTATION WORKSHEET
Violator's Name: City of Ocoee
Identify Violator's Facility: Ocoee WWTF
Name of Department Staff Responsible for the Penalty Computations:
Clarence Anderson and Gary P. Miller
Date: February 5, 2010
PART I - Penalty Determinations
Violation
Type
Penalty
Amount
Multi-day Adjustments Total
Unauthorized discharge.
$2,000.00
__________ __________ $ 2,000.00
Total Penalties for all Violations:
$ 2,000.00
Total Costs and Expenses Incurred by the Department
$ 1.000.00
TOTAL PENALTY
$ 3,000.00
Economic benefit was considered when calculating these penalties.
** Environmental Litigation Reform Act
ELRA PENALTY DETERNONATION
Violation - Section 403.121 (3)(b), Florida Statutes
An unauthorized discharge from the collection/transmission system occurred on December 1. 2009
for aporoximatelv two hours. Approximatelv 720.000 gallons of raw sewage overflowed into a
storm water pond.
ENVIRONMENT AL LITIGATION REFORM ACT (ELRA)
For an unpennitted or unauthorized discharge not involving a surface water or lUoundwater
quality violation.
$2,000.00
"The monetary computations enclosed bave been formulated and
are being tendered in the context of settlement negotiations"
t>
The 2009 Florida Statutes
Title XXIX
PUBLIC HEALTH
Chaoter 403
ENVIRONMENTAL CONTROL
View Entire Chapter
403.121 Enforcement; procedure; remedles.--The department shall have the following
judicial and administrative remedies available to It for violations of this chapter, as specified in
s. 403.161 (1).
(1) Judicial remedies:
(a) The department may Institute a civil action In a court of competent jurisdiction to
establish liability and to recover damages for any Injury to the air, waters, or property,
Including animal, plant, and aquatic life, of the state caused by any violation.
(b) The department may Institute a civil action In a court of competent jurisdiction to Impose
and to recover a civil penalty for each violation In an amount of not more than $10,000 per
offense. However, the court may receive evidence In mitigation. Each day during any portion of
which such violation occurs constitutes a separate offense.
(c) Except as provided In paragraph (2)(c), It shall not be a defense to, or ground for
dismissal of, these judicial remedies for damages and civil penalties that the department has
failed to exhaust Its administrative remedies, has failed to serve a notice of violation, or has
failed to hold an administrative hearing prior to the Institution of a civil
action.
(2) Administrative remedies:
(a) The department may Institute an administrative proceeding to establish liability and to
recover damages for any Injury to the air, waters, or property, Including animal, plant, or
aquatic life, of the state caused by any violation. The department may order that the violator
pay a specified sum as damages to the state. Judgment for the amount of damages
determined by the department may be entered In any court having jurisdiction thereof and
may be enforced as any other judgment.
(b) If the department has reason to believe a violation has occurred, It may Institute an
administrative proceeding to order the prevention, abatement, or control of the conditions
creating the violation or other appropriate corrective action. Except for violations Involving
hazardous wastes, asbestos, or underground Injection, the department shall proceed
administratively In all cases In which the department seeks administrative penalties that do not
exceed $10,000 per assessment as calculated In accordance with subsections (3), (4), (5), (6),
and (7). Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty assessed pursuant to
subsection (3), subsection (4), or subsection (5) against a public water system serving a
population of more than 10,000 shall be not less than $1,000 per day per violation. The
department shall not Impose administrative penalties In excess of $10,000 In a notice of
violation. The .
one notice of violation seeking administrative penalties pending against the same party at the
same time unless the violations occurred at a different site or the violations were discovered by
the department subsequent to the filing of a previous notice of violation.
(c) An administrative proceeding shall be Instituted by the department's serving of a written
notice of violation upon the alleged violator by certified mall. If the department Is unable to
effect service by
s. 57.111(3)(e). No award of attorney's fees as provided by this subsection shall exceed
$15,000.
(g) Nothing herein shall be construed as preventing any other legal or administrative action In
accordance with law. Nothing In this subsection shall limit the department's authority provided
In ss. 403.121, 403.131, and 403.141, to judicially pursue Injunctive relief. When the
department exercises Its authority to judicially pursue Injunctive relief, penalties In any amount
up to the statutory maximum sought by the department must be pursued as part of the state
court action and not by Initiating a separate administrative proceeding. The department retains
the authority to judicially pursue penalties In excess of $10,000 for violations not specifically
Included In the administrative penalty schedule, or for multiple or multlday violations alleged to
exceed a total of $10,000. The department also retains the authority provided In
ss. 403.121, 403.131, and 403.141, to judicially pursue Injunctive relief and damages, If a
notice of violation seeking the Imposition of administrative penalties has not been Issued. The
department has the authority to enter Into a settlement, either before or after Initiating a
notice of violation, and the settlement may Include a penalty amount different from the
administrative penalty schedule. Any case filed In state court because It Is alleged to exceed a
total of $10,000 In penalties may be settled In the court action for less than $10,000.
(h) Chapter 120 shall apply to any administrative action taken by the department or any
delegated program pursuing administrative penalties In accordance with this section.
(3) Except for violations Involving hazardous wastes, asbestos, or underground Injection,
administrative penalties must be calculated according to the follOWing schedule:
(a) For a drinking water contamination violation, the department shall assess a penalty of
$2,000 for a Maximum Containment Level (MCL) violation; plus $1,000 If the violation Is for a
primary Inorganic, organic, or radiological Maximum Contaminant Level or It Is a fecal coliform
bacteria violation; plus $1,000 If the violation occurs at a community water system; and plus
$1,000 If any Maximum Contaminant Level Is exceeded by more than 100 percent. For failure
to obtain a clearance letter prior to placing a drinking water system Into service when the
system would not have been eligible for clearance, the department shall assess a penalty of
$3,000.
- I
(b) For failure to obtain a required wastewater permit, other than a permit required for
surface water discharge, the department shall assess a penalty of $1,000. For a domestic or
Industrial wastewater violation not Involving a surface water or groundwater quality violation,
the department shall assess a penalty of $2,000 for an unpermitted or unauthorized discharge
or effluent-limitation exceedance. For an unpermitted or unauthorized discharge or effluent-
limitation exceedance that resulted In a surface water or groundwater quality violation, the
department shall assess a penalty of $5,000.
(c) For a dredge and fill or stormwater violation, the department shall assess a penalty of
$1,000 for unpermitted or unauthorized dredging or filling or unauthorized construction of a
stormwater management system against the person or persons responsible for the Illegal
dredging or filling, or unauthorized construction of a stormwater management system plus
$2,000 If the dredging or filling occurs In an aquatic preserve, Outstanding Florida Water,
conservation easement, or Class I or Class II surface water, plus $1,000 If the area dredged or
filled Is greater than one-quarter acre but less than or equal to one-half acre, and plus $1,000
If the area dredged or filled Is greater than one-half acre but less than or equal to one acre.
The administrative penalty schedule shall not apply to a dredge and fill violatIon If the area
dredged or filled exceeds one acre. The department retains the authority to seek the judicial
Imposition of civil penaltIes for all dredge and fill violations InvolvIng more than one acre. The
department shall assess a penalty of $3,000 for the failure to complete requIred mitigation,
failure to record a required conservation easement, or for a water quality vIolation resulting
from dredgIng or filling activities, stormwater construction activities or failure of a stormwater