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In the Matter of the IN THE OFFICE OF THE
INDIAN RIVER COUNTY SOUTH GIFFORD CENTRAL DISTRICT
LANDFILL REMEDIATION PROJECT
OGC FILE NO . : 04-0230
EPA ID NO . : FLR000106013
AGREED AUTHORIZATION FOR REMEDIATION
This Agreed Authorization for Remediation ("Agreement") is entered into between the State
of Florida Department of Environmental Protection ( "Department " or "FDEP") and Indian River
County ( " County") . This Agreement authorizes the County' s implementation of specified
remediation activities (soils only) as expressly set forth herein . This Agreement also constitutes a
Remedial Action Permit ("Subpart H RAP") pursuant to 40 CFR Part 270, Subpart H as adopted by
reference in Chapter 62-730 , Florida Administrative Code ("F. A . C . ") . This Agreement is issued
under the authority of Part IV of Chapter 403 , F. S . , and Title 62 , F.A. C .
The Department finds and Indian River County concurs in the following :
1 . The Department is the administrative agency of the State of Florida having the power
and duty to protect Florida's air and water resources and to administer and enforce the provisions of
Chapters 373 , 376 and 403 , F. S . , and the rules promulgated thereunder, Title 62, F.A.C .
The
Department has jurisdiction over the matters addressed in this Agreement.
2 , Indian River County is a person within the meaning of Section 403 . 031 (5) , F. S .
3 . Indian River County is a county and a political subdivision of the State of Florida.
Indian River County owns and operated the former South Gifford Road Landfill ("Site") , located at
4701 41St Street, Vero Beach , Indian River County, Florida.
4 . In a report entitled "South Gifford Road Landfill Remedial Action Plan" ("RAP") ,
dated July 2003 and received by the Department on July 10, 2003 , the County identified areas of the
Site contaminated by various chlorinated volatile organic constituents , such as , trichloroethene
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(TCE) , cis - l , 2-dichloroethene (cis -DCE) , and vinyl chloride .that exceed the default Soil Cleanup
Target Levels (SCTL' s) adopted by the Department in Chapter 62-777 , F.A . C . In the letter
" Application for RAP Order for Soil Treatment Cell Operation " ("Application, ") dated January 16 ,
2004 , the County clarified the plans for the remediation procedures for the contaminated soil . The
RAP and the Application collectively are incorporated by reference into this Agreement and will be
referred to as the "Work Plan" to be implemented by the County. Ground water contamination and
remediation is not part of this Agreement because it is being addressed separately without the need
for a Subpart H RAP.
5 . The parties are entering into this Agreement to enable the activities described in or
authorized by this Agreement to be implemented. Neither this Agreement, nor actions taken
hereunder, shall constitute an admission by Indian River County of liability, nor shall this
Agreement or actions taken to enforce its provisions be admissible as evidence in any
administrative or judicial proceedings , except for proceedings initiated pursuant to the terms of this
Agreement.
Indian River County and the Department mutually agree and it is ORDERED :
6 . (a) The Department hereby authorizes the implementation of the Work Plan by the
County in accordance with the requirements set forth therein , and as may be more specifically
defined or limited in this Agreement.
(b) If implementation of the Work Plan is initiated prior to expiration of the 21 -day
period referenced in the public notice required by Paragraph 13 , such implementation shall be at the
County ' s risk of administrative challenge by substantially affected third parties .
(c) It is acknowledged and understood by both parties that the Work Plan comports
with applicable Florida Department of Environmental Protection laws and regulations .
(d) The County shall begin the on-site remedial activities set forth in the Work Plan
authorized and required by this Agreement within 90-days from the effective date of the Agreement
and complete all remedial activities within 365 days from the effective date of the Agreement.
7 . This Agreement authorizes the County to conduct limited treatment of excavated
fill material and impacted soil and sediment in a soil treatment cell using Soil Vapor Extraction to
remove various chlorinated volatile organic constituents . The specific details of the limited
treatment process approved by the Department are provided in the Work Plan ,
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8 . This Agreement constitutes the Department 's approval of the County' s Work Plan
as a Subpart H RAP, authorizing treatment of fill material and impacted soil and sediment that are a
characteristic hazardous waste due to concentrations of various chlorinated volatile organic
constituents , such as , trichloroethene (TCE) and vinyl chloride, above the toxicity characteristic
leaching procedure (TCLP) regulatory threshold. Prior to disposal to the Indian River County Class
I landfill as a non-hazardous waste the following conditions will be met, based on representative
sampling of the stockpiled or containerized soil :
(i) concentrations of all volatile organic constituents that exhibit the hazardous
characteristic of toxicity pursuant to 40 CFR 261 . 24(b) (such as , TCE and vinyl
chloride) must be less than the TCLP regulatory threshold;
concentrations of all volatile organic constituents (such as , TCE, vinyl chloride, and
cis DCE) and underlying hazardous constituents [as defined in 40 CFR 268 . 2(1)] ,
including heavy metals , must be below the Universal Treatment Standard (UTS ) set
forth in 40 CFR 268 .48 (a) or below the commercial/industrial direct exposure soil
cleanup target levels in Table H of Chapter 62-777 F.A . C . , whichever standard is
higher.
This Agreement constitutes the Department ' s general site-wide "contained out" determination and a
variance from the UTS for material that has been effectively treated according to the Work Plan and
meets the conditions stated above for Class I landfill disposal .
9 . This Agreement constitutes authorization for the County to operate the treatment
system (as described in the Work Plan , including "treatment cells") as a "temporary unit" in
accordance with 40 CFR 264 . 553 , and to store excavated soils in "staging piles" in accordance with
40 CFR 264 . 554 . The following conditions apply:
(a) Indian River County has been issued EPA identification number FLR000106013
for South Gifford Road Landfill at 470141ST Street, Vero Beach, Florida 32967 .
(b) The Site is owned by Indian River County, a political subdivision and County of
the State of Florida. Indian River County is represented in this matter by Tanhum
Goldshmid, Ph .D . , Indian River County Solid Waste Disposal District, 1325 74th Av
SW , Vero Beach, FL 32968 . Dr. Goldshmid ' s telephone number is (772) 770- 5113 .
(c) The Site is approximately located at latitude 80 degrees 26 minutes 02 seconds
west (NGVD 1929) and longitude 270 degrees 40 minutes 03 seconds north (NGVD
1929) .
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(d) The United States Geological Survey (USGS ) or county map showing the
location of the remediation waste management site is depicted by Figure 1 in the
" Application for RAP Order for Soil Treatment Cell Operation , " January 16 , 2004 .
(e) The following figures in the "Application for RAP Order for Soil Treatment Cell
Operation, " January 16 , 2004 , describe the remediation areas and layout of the
remediation equipment . Figure 2 is an aerial photograph of the South Gifford Road
Landfill area. Figure 3 shows the approximate limits of the proposed excavation
area and soil stockpile locations . Figure 4 is a schematic of the soil treatment
process .
(f) The remediation waste to be treated or stored at the remediation waste
management site consists of soil contaminated by various chlorinated volatile
organic constituents , such as , trichloroethene (TCE) , cis- 1 ,2-dichloroethene (cis-
DCE) , and vinyl chloride .
(g) The estimated amount of soil to be excavated is 6 ,400 cubic yards ; approximately
1 ,700 cubic yards may require treatment. The actual volume requiring treatment will
be based upon field soil sampling results .
(h) In the event that soil vapor extraction does not reduce the contamination below
the toxicity characteristic leaching procedure (TCLP) criteria and Land Disposal
Restriction (LDR) standards within 90 days , the soil will be disposed at a permitted
hazardous waste disposal site.
(i) The following specific conditions will also apply to the operation of the soil
treatment cells and staging piles identified in the Work Plan :
( 1 ) The County will maintain a record of the date waste is first placed in each
treatment cell ; and
(2) The County will have a 10 mil reinforced low density polyethylene liner
between the ground surface and any treatment cell containing fill
material , impacted soil , or sediment that exhibits a characteristic of
hazardous waste due to concentrations above the TCLP regulatory
threshold ; and,
(3 ) The County must use a 10 mil reinforced low density polyethylene liner
to cover each treatment cell ; and
(4) Each treatment cell must not be used longer than 90 days ; and
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(5 ) Each treatment cell and staging pile that contained any material that
exhibited a hazardous waste characteristic of toxicity, prior to treatment,
will be closed in accordance with the requirements of 40 CFR 264 . 258 (a)
and 264 . 111 ; and,
(6) The areal extent of each staging pile will be documented by using a
global positioning instrument to determine the latitude and longitude of
the perimeter of each pile ; and,
(7) The organic emissions from the soil vapor extraction system must not
exceed 13 . 6 pounds per day for all hazardous air pollutants or 5 . 5 pounds
per day for a single hazardous air pollutant.
(8 ) Section 6 . 2 .4 of the RAP is amended to include the following to ensure
representative sampling of the treated soils :
a. Samples from different treatment cells and/or roll off containers
cannot be composited. Each must be sampled individually.
b . For each treatment cell and/or roll off container, the minimum
number of samples is described in Table A, 62-713 F.A . C .
c . Samples for VOC constituents cannot be composited because the
VOCs may volatilize during the mixing process .
d. A waste determination must be made for the treated soil in each
treatment cell and roll off to ensure the soil does not exhibit the
characteristic of toxicity, according to 40 CFR 261 . 24 .
e. The analysis of the treated soil samples must prove whether the
concentrations of VOCs and underlying hazardous constituents ,
including heavy metals , are below the commercial/industrial
direct exposure soil cleanup target levels in Table II of Chapter
62-777 F.A. C . or below the UTS in 40 CFR 268 .48 , whichever
standard is higher.
10 . Except as expressly provided herein , this Agreement of the Department does not
qualify the County for exemptions from any other Department or local permits that may be required
for this project. Except for activities consistent with the attached Work Plan, it does not authorize
any injury to public or private property or any invasion of rights , nor any infringement of federal ,
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State , or local laws or regulations , nor does it relieve the County from any liability for harm or
injury to human health or welfare, animal or plant life , or property caused by the construction or
operation of this project, or from penalties , nor does it allow the County to cause pollution
in
contravention of Florida Statutes and Department rules .
11 . Within 30 days of the effective date of this Agreement, Indian River County shall
pay the Department $2, 500 .00 for costs and expenses incurred by the Department to prepare and
process this Agreement. Payment shall be made by cashier' s check or money order. The instrument
shall be made payable to the "Department of Environmental Protection" and shall include thereon
the OGC number assigned to this Agreement and the notation "Ecosystem Management and
Restoration Trust Fund" .
12 . In the event that there occur any changes in the statutory or regulatory requirements
upon which this Agreement is predicated which affect the rights or duties of the parties , including
but , not limited to , any changes resulting from any judicial decision or administrative final
Agreement interpreting such statutory or regulatory requirements , then the Department and Indian
River County agree that the terms of this Agreement may be adjusted and modified accordingly
upon agreement of the parties . In the event the parties cannot agree upon appropriate modifications
within 30 days of written notice by either party of the request for modification pursuant to this
paragraph , either party may avail itself of the provisions contained in Paragraph 14 of the
Agreement to seek such modification .
13 . (a) Indian River County shall publish the following notice in a newspaper of daily
circulation in Indian River County, Florida. The notice shall be published one time only within
fourteen ( 14) days after the effective date of the Agreement.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF AGREED AUTHORIZATION FOR REMEDIATION
The Department of Environmental Protection gives notice of agency action of entering into
an Agreed Authorization for Remediation with Indian River County. The Agreement addresses
remedial action for soil contamination located at the Indian River South Gifford Road Landfill ,
4701 41S` Street, Vero Beach , Indian River County, Florida. The Agreement authorizes operation of
a temporary unit and staging piles (treatment cells) and grants a variance for disposal of certain
treated soil that meets industrial/commercial cleanup target levels . The Agreement is available for
public inspection during normal business hours , 8 : 00 a. m. to 5 : 00 p .m. , Monday through Friday ,
except legal holidays , at the Department of Environmental Protection , Central District, 3319
Maguire Boulevard, Suite 232 , Orlando , Florida 32803 . In addition , the Agreement is available for
public inspection during normal business hours , 8 : 30 a.m. to 5 : 00 p .m. , Monday through Friday ,
except legal holidays , at the Office of the Clerk to the Board, 1840 25`h Street, Vero Beach , Florida
32960 , and at the Solid Waste Disposal District, 1325 74`h Avenue, S .W . , Vero Beach , Florida
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32968 . Persons whose substantial interests are or will be affected by any decision of the
Department with regard to this Agreement have a right to petition for an administrative hearing
pursuant to Sections 120 . 569 and 120 . 57 , F.S . to challenge the Agreement. Any person has the right
to comment or express opposition to the Agreement.
A Petition pursuant to Sections 120 . 569 and 120 . 57 , F. S . must contain the information set
forth below and must be filed (received) in the Department 's Office of General Counsel , 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000, within 21 days of the date 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
The Petition shall contain the following information : (a) The name , address , and telephone
number of each petitioner; the Department's identification number for the Agreement and the county
in which the subject matter or activity is located ; (b) A statement of how and when each petitioner
received notice of the Agreement ; (c ) A statement of how each petitioner's substantial interests are
affected by the Agreement; (d) A statement of the material facts disputed by petitioner, if any; (e) A
statement of facts which petitioner contends warrant reversal or modification of the Agreement; (f)
A statement of which rules or statutes petitioner contends require reversal or modification of the
Agreement; (g) A statement of the relief sought by petitioner, stating precisely the action petitioner
wants the Department to take with respect to the Agreement.
The Department will accept comments and objections to the Agreement from any person for
a period of 45 days from the date of this Notice. If the Department receives written notice of
opposition to the Agreement and a request for a public meeting within the 45-day period, the
Department shall provide for a public meeting. A request for a public meeting is not equivalent to a
petition for formal or informal administrative hearing. Public meetings are not evidentiary in nature ,
and comments or information submitted by mail or at a public meeting are for non-binding
consideration only. Comments or a public meeting is not subject to court or appellate review .
Failure to request a public meeting within the 45 -day period shall constitute a waiver of the right to
a public meeting.
(b) Indian River County shall provide the department with proof of the publication required
by this paragraph within fourteen ( 14) days of receipt of the proof of publication .
(c) Indian River County shall broadcast the following Radio Announcement over a licensed
local commercial radio station of sufficient power to be clearly received in the area that may be
affected by the Agreement. Broadcast of the notice shall occur between 8 : 00 a.m. and 10 : 00 p.m.
Indian River County shall provide proof of broadcast to the Department within fourteen ( 14) days of
the broadcast.
RADIO BROADCAST
The Florida Department of Environmental Protection gives notice that it has entered into an
Agreed Authorization for Remediation with Indian River County. The Agreement addresses
remedial action for soil contamination located at Indian River South Gifford Road Landfill , 4701
41 " Street, Vero Beach , Indian River County, Florida. The Agreement authorizes operation of a
temporary treatment unit and staging piles and grants a variance for disposal of certain treated soil
that meets industrial/commercial cleanup target levels . A person who is substantially affected by
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the Department ' s action may request a hearing in accordance with Sections 120 . 569 and 120 . 57 ,
Florida Statutes . Any person who opposes the Department' s action may submit comments or
request a public meeting. A request for a public meeting is not equivalent to a petition for hearing .
Comments are for non-binding consideration only.
For more information concerning requirements of the petitioning process and the necessary
time frames for filing a petition, submitting comments or requesting a public meeting, or obtaining a
copy of the Agreement, please contact the Office of General Counsel in Tallahassee at (850) 245 -
2242 , or 3900 Commonwealth Blvd, MS 35 , Tallahassee, FL 32399 .
14 . With regard to any agency action taken by the Department concerning Indian River
County' s proposals submitted to the Department as required by this Agreement, Indian River
County may file a Petition for Formal or Informal Administrative Hearing. The petition must
contain the information set forth above in paragraph 13 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 the Department ' s agency action Indian River
County intends to challenge and must conform with the requirements of Florida Administrative
Code Rule 28 - 106 . 201 or Rule 28 - 106 . 301 . Failure to file a petition within this time period shall
constitute a waiver by Indian River County of its right to request an administrative proceeding
under Sections 120 . 569 and 120 . 57 , Florida Statutes . The Department ' s determination, upon
expiration of the 21 day time period if no petition is filed, or the Department ' s Final Order as a
result of the filing of a petition, shall be incorporated by reference into this Agreement and made a
part of it. All other aspects of the Agreement shall remain in full force and effect at all times . If both
parties agree , the Department and Indian River County may mediate the dispute as provided in
Section 120 . 573 , Florida Statutes . If the parties agree to mediation , the time for filing a petition
pursuant to this paragraph is tolled until such time as the mediation is unsuccessful . Upon notice
from the Department that the mediation is unsuccessful , Indian River County shall have 21 days to
file its petition as provided herein . If Indian River County seeks an administrative proceeding
pursuant to this paragraph , the Department may file suit against Indian River County in lieu of or in
addition to holding the administrative proceeding to obtain judicial resolution of all the issues
unresolved at the time of the request for administrative proceeding. In the event that the Department
files such a suit pursuant to this paragraph , Indian River County reserves all of its rights
and
defenses to challenge or respond to such suit as is appropriate .
15 . Indian River County acknowledges and waives its right to an administrative hearing
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afforded by Sections 120. 569 and 120 . 57 , F. S . , on the terms of this Agreement. Indian
River
County acknowledges its right to appeal the terms of this Agreement pursuant to Section 120 . 68 ,
F. S . , and waives that right upon signing this Agreement.
16 . Nothing herein shall be construed to limit the authority of the Department to
undertake any action against Indian River County in response to or to recover the costs
of
responding to conditions at or from the Site that require Department action to abate an imminent
hazard to the public health, welfare or the environment. Correspondingly, Indian River County
reserves all of its legal rights and defenses against any such legal action which may be initiated by
the Department, including the right to challenge the validity or enforceability of the standards and
criteria alleged to be applicable to the Site .
IT The Department hereby expressly reserves the right to initiate appropriate legal
action to prevent or prohibit any violations of applicable statutes or the rules promulgated
thereunder that are not specifically addressed by the terms of this Agreement. Correspondingly,
Indian River County reserves all of its legal rights and defenses against any such legal action which
may be initiated by the Department, including the right to challenge the validity or enforceability of
the standards and criteria alleged to be applicable to the Site .
18 . No modifications of the terms of this Agreement shall be effective until reduced to
writing and executed by both Indian River County and the Department.
19 . The provisions of this Agreement shall apply to and be binding upon the parties ,
their officers , their directors , agents , servants , employees , successors , and assigns and all persons ,
firms and corporations acting under, through or for them and upon those persons , firms
and
corporations in active concert or participation with them.
20 . Indian River County shall allow all authorized representatives of the Department access
to the property and facility at reasonable times for the purpose of determining compliance with the
terms of this Agreement and the rules and statutes of the Department.
21 . In the event of noncompliance with the Agreement, Indian River County shall take
all reasonable steps to minimize releases to the environment, and shall carry out such measures as
are reasonable to prevent significant adverse impacts on human health or the environment.
22 . Indian River County shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used to achieve
compliance with the conditions of this Agreement. Proper operation and maintenance includes
effective performance, adequate funding, adequate operator staffing and training, and adequate
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laboratory and process controls , including appropriate quality assurance procedures . This provision
requires the operation of back-up or auxiliary facilities or similar systems only when necessary to
achieve compliance with the conditions of the Agreement.
23 . The terms and conditions set forth in this Agreement 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 Agreement shall constitute a violation of Section 403 .727 ( 1 ) , F. S .
24 . All plans , reports , or other documents required by this Agreement to be
submitted to the Department shall be sent to the Waste Program Administrator, Central District,
3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803 ,
25 , This Agreement is a final order of the Department pursuant to Section 120 . 52(7 ) ,
F. S . , and it is final and effective on the date filed with the Clerk of the Department, unless a Petition
for Administrative Hearing is filed in accordance with Chapter 120 , F. S . Upon timely filing of a
petition this Agreement will not be effective until further order of the Department.
26 . Following termination of remedial activities for soils (only) as provided for in the
Work Plan , Indian River County shall submit a Soil Rehabilitation Completion Report (SRCR) to
the Department for approval . The SRCR shall contain documentation that site cleanup objectives
have been achieved as provided for in the Work Plan, including the closure of units under the
standards identified in paragraph 9 (i)(5 ) . Applicable portions of the SRCR shall be signed and
sealed by an appropriate professional . The SRCR shall include the name and address of the RCRA
Subtitle D facility that received the treated fill material , soil and sediment, a description of the waste
as initially generated, including the applicable EPA hazardous waste code(s ) and treatability
group (s) . Within ninety (90) days of receipt of the SRCR, the Department shall approve the SRCR
or make a determination that the SRCR does not contain reasonable assurances that site cleanup
objectives have been achieved. If the Department determines that the SRCR is not adequate based
upon information provided, the Department will notify Indian River County in writing. Site
rehabilitation activities shall not be deemed completed until such time as the Department provides
Indian River County with written notice that SRCR is approved. In the event that Indian River
County disagrees with a Department determination that the SRCR does not contain reasonable
assurances that site cleanup objectives have been achieved, Indian River County may avail itself of
the provisions of Paragraph 14 of the Agreement to contest such a determination .
27 . Upon Indian River County ' s publication in a newspaper of general circulation in
Indian River County of notice that the Department intends to issue written approval of the SRCR,
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the Department, after the public notice period has run , shall confirm completion of the County ' s
obligations under this Agreement by letter and that further obligations or responsibilities under the
Agreement are terminated.
INDIAN RIVER COUNTY, FLORIDA
Attest: J . K. Barton , Clerk By its Board of County Commissioners
Deputy Cl r By
Caroline D . Ginn, hairman
Approved to form and legal BCC Approved : March 9 , 2004
su i
E . Fell , Assistan County Attorney
Date : Marsh 4,-2004
FOR THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION:
Entered into this /oto day of /to , 2002 in Orlando , Florida.
Vivian F. Garfein
v Director, Central District
FILING AND ACKNOWLEDGEMENT
FILED , on this date pursuant to Section 120 . 52 , Florida Statutes ,
With the designated Department Clerk, receipt of which is hereby acknowledged.
Clerk : Date : Ile
cc : Office of General Counsel , FDEP
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