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<br />boox 10Fr- ' pn, 694
<br />As a byproduct of the treatment process, sidestream flow is generated which is typically referred
<br />to as "brine" because of its salt content. The brine is treated prior to discharge into the Indian
<br />River, and has, historically, been regulated by the DEP and EPA.
<br />Through mid-1995, the North Beach R.O. facility maintained two separate discharge permits.
<br />1) EPA - National Pollutant Discharge Elimination System (NPDES) Permit.
<br />2) Department of Environmental Protection (DEP), Industrial Waste Permit.
<br />As a part of the Federal government's effort to consolidate permitting, the permits were
<br />combined under DEP.
<br />A warning letter dated October 8, 1997 (See attached) informed the County of alleged violations
<br />as follows:
<br />1) Operation of an industrial wastewater system without a permit.
<br />2) Failure to meet permit imposed eluent limits.
<br />3) Failure to provide required records, reports, and results.
<br />These alleged violations were addressed to DEP as follows:
<br />The expiration dates were different for both of the permits, prior to the aforementioned permit
<br />merger. The NPDES permit expired in September, 1996, while the Industrial Waste (DEP)
<br />Permit has not yet expired. There has been confusion on part of the County and DEP as to the
<br />proper tracking of post -consolidation permit status.
<br />The following facts are important to this case:
<br />• The notice of permit consolidation received in 1995, (attached) is unclear regarding
<br />expiration date, which led to the County's continued operation under the Industrial Waste
<br />Permit, with the March, 1998 expiration date.
<br />• As part of permit consolidation, a fee of $6,500.00 was collected by the DEP and paid yearly
<br />by the County, including the current year, 1998.
<br />• All reporting has been faithfully submitted and accepted by DEP, therefore, no failure of
<br />reporting took place.
<br />• The official notice of the 1996 permit expiration (listed as Warning Letter No. OWL -WW -
<br />97 -0022, see attached) was received in late October, over one year after the expiration.
<br />For details of alleged violation (2), please refer to staff's letter of November 25, 1997, (attached)
<br />regarding potential permit parameter violations. As for the violation (3), please see the attached
<br />correspondence dated December 5, 1997.
<br />While DEP understands the confusion with regard to permit renewal, even to the extent that this
<br />has occurred with other municipalities, Federal law prohibits elimination of the violation. The
<br />plant has since, been removed from service, and Camp Dresser and McKee was commissioned
<br />on an emergency basis to assist with the preparation of an NPDES permit renewal, and the
<br />County has supplied all associated documentation requested by DEP. The results of these efforts
<br />are presented in the analysis section below.
<br />The first proposed violation fees from the District were set at $20,850.00. With negotiations by
<br />staff and the plant shutdown, a settlement fee of $4,100.00 has been proposed by the district
<br />(Please see the attached letter dated February 6, 1998.) In an effort to reduce further expenditure
<br />by the County in both time and money while negotiating this issue, staff is recommending the
<br />settlement. If this fee is agreed upon, the total cost to the utility will be $5,600.00. This total
<br />consists of a fee of $4,100.00 for DEP and a fee of $1,500.00 for Camp, Dresser and McKee,
<br />Inc., for their assistance in preparing the NPDES Permit application.
<br />MARCH 10, 1998
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