HomeMy WebLinkAbout2013-086 . �
BEFORE THE STATE OF FLORIDA 2a 13OS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE
OF ENVIRONMENTAL PROTECTION, ) CENTRAL DISTRICT
Complainant, )
OGC File No . : 08- 1661B
vs. )
INDIAN RIVER COUNTY )
DEPARTMENT OF UTILITY SERVICES, )
FACILITY ID : FL0037940, )
Respondent. )
i
AMENDMENT TO CONSENT ORDER 081661
The State of Florida Department of Environmental Protection ("Department") and Indian
River County Department of Utility Services ("Respondent") executed a Consent Order ("Order") in
OGC File No . 081661 ("Original Order"), on September 19, 2008 . This Amended Order which
amends the Original Order is entered into between the Department and the Respondent and desiring
to enter this Amendment to the Original Order to allow the below-described modification of an
interim limit, the Department finds and Respondent admits the following:
L The below-described modification of an interim limit is appropriate so the Respondent
remains in compliance while modifications are completed to Respondent ' s facility in order to
achieve the permitted final effluent limit.
The Department and Respondent mutually agree, and it is,
ORDERED :
2 . The Radium 226 + Radium 228 , Total monthly maximum interim limit in Table 1 of
Paragraph 8 of the Original Order is amended to substitute 10 .0 pCi/L for 5 .7 pCi/L . A revised copy
of the DMR, DEP Form 62-620 .910( 10), to be used for reporting the interim limit values
is
incorporated herein and attached as Exhibit 1 .
Indian River County Department of Utility Services
OGC File No. 08= 1661B
Page 2 of 4
3 . Respondent acknowledged but waives its right to an administrative hearing afforded by
Sections 120 . 569 and 120 . 57, Florida Statutes, on the terms of this Amendment. Respondent
acknowledges its right to appeal the terms of this Amendment pursuant to Section 120 . 68, Florida
Statutes, but waives that right upon signing this Amendment .
4 . Persons who are not parties to this Order, but whose substantial interests are affected by it,
have a right to petition for an administrative hearing under sections 120 . 569 and 120 . 57, Florida
Statutes. Because the administrative hearing process is designed to formulate final agency action,
the filing of a petition concerning this Consent Order means that the Department' s final action may
be different from the position it has taken in the Order.
The petition for administrative hearing must contain all of the following information .
a) The OGC Number assigned to this Order;
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 Order;
d) A statement of when and how the petitioner received notice of the Order,
e) Either a statement of all material facts disputed by the petitioner or a statement that the
petitioner does not dispute any material facts ;
fj A statement of the specific facts the petitioner contends warrant reversal or modification of
the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or modification
of the 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.
The petition 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 at
3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803 -3767 . Failure to file a petition within
the 21 -day period constitutes a person ' s waiver of the right to request an administrative hearing and
to participate as a party to this proceeding under sections 120 . 569 and 120 . 57, Florida Statutes.
Before the deadline for filing a petition, a person whose substantial interests are affected by this
Order may choose to pursue mediation as an alternative remedy under section 120. 573 , Florida
Statutes . Choosing mediation will not adversely affect such person ' s right to request an
administrative hearing if mediation does not result in a settlement. Additional information about
mediation is provided in section 120 .573 , Florida Statutes and Rule 62- 110 . 106( 12), Florida
Administrative Code .
5 . Except as expressly amended by this Amendment, the Order remains in full force and effect.
The terms and conditions of the Order, as amended by this Amendment, may be enforced in a court
of competent jurisdiction pursuant to Sections 120 . 69 and 403 . 121 , Florida Statutes. Failure to
comply with the Order, as amended by this Amendment, shall constitute a violation of Section
403 . 161 ( 1 )(b), Florida Statutes.
a
Indian River County Department of Utility Services
OGC File No. 08= 1661B
Page 3 of 4
6 . This Amendment is a final order of the Departme t pursuant to Section 120.52(7), Florida
Statutes, and it is final and effective on the date filed 'th the Clerk of the Department unless a
Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida Statutes . Upon
the timely filing of a petition this Amendment will not be effective until further order of the
Department.
FOR THE RESPONDENT :
Indian River County, Florida
Board of County Commissionersa oopaoou ° N ^ .,""
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Byw ke4y
oseph E. Flescher,, Chairman0 of
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fes`'•. t . ° ,: ova
Date : May 7 , 2013
plot Dow xa+°
Attest : Jeffrey R. S ith,,e rk of Court
and Comptrol
Dep Clerk
Approved as to form and legal sufficiency :
Y
Alan S . Po ckwich, r., County Attorney
Indian River County Department of Utility Services
OGC File No. 08166113
Page 4 of 4
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this day of , 2013 , in Orlando, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Jeff Prathe
Director, nal District
Filed, on this date, pursuant to Section 120 . 52, F . S ., with the designated Department Clerk, receipt
of which is hereby acknowledged.
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This DMR shall be used while the Consent Order requirements are in effect
DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT = PART A
When Completed mail this report to: Department of Environmental Protection, Wastewater Compliance Evaluation Section, MS 3551 , 2600 Blair Stone Road, Tallahassee,
FL 32399-2400
PERMITTEE NAME: Indian River County Utilities Department PERMIT NUMBER 31 -FL0037940 OGC File No. 0&1661B
MAILING ADDRESS : 1840 25th Street FILE NUMBER; 31-171,003794"03JW5A
Vero Beach, FL 32960 LIMIT: Interim REPORT: Toxicity
CLASS SIZE: Minor GROUP: Industrial
FACILITY: IRCUD = South County Demineralization Con EXPIRATION DATE: TBD
LOCATION: 1550 SW 9th Avenue MONITORING GROUP NO: D-001
Vero Beach, FL 32962 MONITORING GROUP DESC: 14 inch diameter outfall pipe to South Relief Canal
COUNTY: Indian River NO DISCHARGE FROM SITE: 0
INTERIM LIMITS FOR MONITORING PERIOD From: To
PARAMETERS WHERE FINAL
LIMITS IN THE PERMrr EXIST
Parameter Quantity or Loading Units Quality or Concentration Units No. Frequency of Sample Type
Ex. Analysis
96HR ACUTE STATRE Sample
M srdo is Routine) Measurement
PARM Code TAN3E P PTt IN 4
ReNIN eport PER Motttily 4 grabSL24 :!
I IN
Mon Site No EFF-01 Requirement
(Min ) CENT
„ _ ._ � _
If
TOUT
96HR ACUTE STATRE Sample
Menidia beryllina(Routme) Measurement
PARM[ Code.TAN6B PermitIN
NI00 quarterly AIN
If
s rrquued by
Mon Stte No. `EFF-01 % . : , ' ment
� , , .. �_ .
CENT
INI
_.the
96HR ACUTE STATRE Sample
Menidia beryllina(AdditioAIXnal) Measurement
PARKCode TAN6B Q Permit 100 PER As needed As wired
req by
lvionSite°I+io. EFF-01 " ent in ANT ;the : ` t ,
Sample
N If
PermttX IfIf
SX
rent
•IF A SECOND DEFINITIVE TEST IS REQUIRED, ENTER THE RESULT IN AN EMPTY ROW.
"ENTER NODI=C IN THE RESULTS COLUMN IF NO DISCHARGE OCCURRED DURING THIS REPORTING PERIOD,
ENTER NODI=9 IN THE RESULTS COLUMN IF NO DEFINITIVE TESTS ARE REQUIRED.
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my
knowledge and beliet true, accurate, and complete, I am aware that then: are significant penalties for submitting false information, including the possibility
of fine and im risonment for knowing violations.
NAE/TITLE OF PRINCIP
[vIAL EXECUTIVE OFFICER OR AUTHORIZED AGENT SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT ITELEPHONENO DATE (YY/MM/DD)
COMMENT AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here):
4
DAILY SAMPLE RESULTS - PART B
Permit Number: 31 -FL0037940 acility: IRCUD - South County Demineralization Concentrate
Monitoring Period From: To: Final Limits effective at Issuance OGC File No. 08.16618
Flow (MGD) Chlorine, Fluoride, Hydrogen Nitrogen, Oxygen, pH (SU) Phosphorus, Temperature
Total Total (as F) sulfide un- Total (MG/L) Dissolved Total (as P) (F), Water
Residual (MG/L) ionized (DO) (MG/L) (MG/L) (DEG.F)
(MG/L) (MG/L)
Code 50050 50060 00951 51078 00600 00300 00400 00665 00011
Mon. Site FLW-01 EFF-01 EFF-01 EFF-01 EFF-01 EFF-01 EFF-01 EFF-01 EF&01
1
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Total
Mo, Avg.
PLANT STAFFING:
Day Shift Operator Class: Certificate No: Nx ne:
Evening Shift Operator Class: Certificate No: N& ne:
Night Shift Operator Class: Certificate No: Name:
Lead Operator Class: Certificate No: Name:
1
DAILY SAMPLE RESULTS - P RT B
Permit Number: 31 -FL0037940 acility: IRCUD - South County Demineralization Concentrate
Monitoring Period From: To: OGC File No. 08=1661B
Specific Alpha, Gross Radium 226
Conductance Particle + Radium
(UMHO/CM) Activity 228, Total
Effluent (PCl/L) (PCl/L)
Code 00095 80045 11503
Mon. Site EFF-01 EFF-01 EFF-01
1
2
3
4
5
6
7
8
9
10
11
12
13
P1714
15
16
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Total
Mo, Avg.
PLANT STAFFING:
Day Shift Operator Class: Certificate No: N
Evening Shift Operator Class: Certificate No: N me:
Night Shift Operator Class: Certificate No: Name:
Lead Operator Class: Certificate No: Name:
2
REPORT YEAR
CUMULATIVE MONTHLY RESUL S - PART C
Permit Number: 31 -FL0037940 acility: IRCUD = South County Demineralization Concentrate
Monitoring Period From: JANUARY To: Final Limits effective at Issuance OGC File No. 0&1661B
1 2 4 5 REMARKS
PHOSPHORUS PHOSPHORUS NITROGEN NITROGEN
TOTAL CUMULATIVE TOTAL CUMULATIVE
INPOUND TOTAL IN INPOUNDS TOTAL
POUND IN POUNDS)
Code 00665 00665 00600 00' 00
Mon. Site EFF-01 EFF-01 EFF-01 EFF-01
January
February
March
April
May
June
July
August
September
October
November
December
CALENDAR 29I POUNDS 4636 1 IOUNDS
YEAR LIMITS
I
3
INSTRUCTIONS FOR COMPLETING THE WASTEWATER DISCHARGE MONITORING REPORT
:port were collected and analyzed. Read these instructions as well as the SUPPLEMENTAL INSTRUCTIONS FOR COMPLETING THE WASTEWATER DISCHARGE
MONITORING REPORT before completing the DMR Hard copies and/or electronic
I the data in the units indicated. Table 1 in Chapter 62- copies of the required parts of the DMR were provided with the permit. All required
information shall be completed in full and typed or printed in ink. A signed, original DMR shall be mailed to the address printed on the DMR
>ults onto Part B of the DMR, only the following data by the 28's of the month following the monitoring period. The DMR shall not be submitted before
the end of the monitoring period.
The DMR consists of three parts—A, B, and D—all of which may or may not be applicable to every facility. Facilities
may have one or more Part A's for reporting effluent or reclaimed water data All domestic wastewater
facilities will have a Part B for reporting daily sample results. Part D is used for reporting ground water monitoring
well data.
When results are not available, the following codes should be used on parts A and D of the DMR and an explanation provided
where appropriate. Note: Codes used on Part B for raw data are different.
CODE DESCRIPTION/INSTRUCTIONS CODE DESCRIPTION/INSTRUCTIONS
ANC Analysis not conducted. NOD No discharge fromho site.
DRY Dry Well OPS Operations were shutdown so no sample could be taken.
YO FLD Flood disaster. OTH Other. Please enter an explanation of why monitoring data were
not available.
IFS Insufficient flow for sampling. SEF Sampling equipment failure.
LS Lost sample.
MNR Monitoring not required this period.
Port were collected and analyzed.
When reporting analytical results that fall below a laboratory's reported method detection limits or practical quantification
limits, the following instructions should be used:
1 . Results greater than or equal to the PQL shall be reported as the measured quantity.
2. Results less than the PQL and greater than or equal to the MDL shall be reported as the laboratory s MDL value. These
values shall be deemed equal to the MDL when necessary to calculate an average for that parameter and
when determining compliance with permit limits.
3 . Results less than the MDL shall be reported by entering a less than sign ("<") followed by the laboratory's MDL value,
e.g. < 0.001 . A value of one-half the MDL or one-half the effluent limit, whichever is lower, shall be
used for that sample when necessary to calculate an average for that parameter. Values less ththe MDL are considered to
demonstrate compliance with an effluent limitation,
here the official may be reached in the event there are an
PART A -DISCHARGE MONITORING REPORT (DMR)
s area
Part A of the DMR is comprised of one or more sections, each having its own header information. Facility
information is preprinted in the header as well as the monitoring group number, whether the limits and monitoring
requirements are interim or final, and the required submittal frequency (e.g, monthly, annually, quarterly, etc.). Submit
Part A based on the required reporting frequency in the header and the instructions shown in the permit. The
following should be completed by the permittee or authorized representative:
vented into days). Record in million gallons per day
No Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data or codes to be entered
for all of the parameters on the DMR for the entire monitoring group number, however, if the monitoring
:ed based on two measurements; one made at the start group includes other monitoring locations (e.g,, intluerrt sampling), the "NOD" code should
be used to individually denote those parameters for which there was no discharge.
Monitoring Periodo Enter the month, day and year for the first and last day of the monitori ig period i.e. the monttL the
quarter. the yeer etc. during which the data on this report were collected and analyzed,
an Dilution Ratio accurate to the nearest 0. 1 . Sample Measurement: Before filling in sample measurements in the table, check to see that
the data collected correspond to the limit indicated on the DMR (i.e, interim or final) and that the data correspond to the monitoring
ution Ratio. On Part B of the DMR, enter an asterisk group number in the header. Enter the data or calculated results for each parameter
on this row in the non-shaded area above the limit. Be sure the result being entered corresponds to the appropriate statistical base code (e.g.
e Stream Dilution Factor was greater than the Stream annual average, monthly average, single sample maximum, etc.) and units.
No. Ex.: Enter the number of sample measurements during the monitoring period that exceeded the permit limit for each parameter
in the non-shaded area If none, enter zero.
Frequency of Analysis: The shaded areas in this column contain the minimum number of times the measurement is required to be made
according to the permit. Enter the actual number of times the measurement was made in the
space above the shaded area.
I A. The cumulative rainfall to date for this calendar Sample Type: The shaded areas in this column contain the type of sample (e.g. grab,
composite, continuous) required by the permit Enter the actual sample type that was taken in the space above the shaded area
Signature: This report must be signed in accordance with Rule 62-620.305, F.A.C. Type or print the name and title of the
signing official. Include the telephone number where the official may be reached in the event there are
Che cumulative rainfall for the average rainfall year is questions concerning this report. Enter the date when the report is signed.
Comment and Explanation of Any Violations: Use this area to explain any exceedances, any upset or by-pass events, or other items
which require explanation. If more space is deeded, reference all attachments in this area.
:nt year.
I
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DFP Form 62.620.910(10), etrecfive November 29, 1994
PART B - DAILY SAMPLE RESULTS
Monitoring Period: Enter the month, day, and year for the first and last day of the monitoring period (i.e. the month, the quarter, the year, etc.)
during which the data on this report were collected and analyzed.
Daily Monitoring Results: Transfer all analytical data from your facility's laboratory or a contract laboratory's data sheets for all day(s) that samples
were collected. Record the data in the units indicated. Table 1 in Chapter 62.
160, F.A.C., contains a complete list of all the data qualifier codes that your laboratory may use when reporting analytical results. However, when
transferring numerical results onto Part B of the DMR, only the following data
ualifier codes should be used and an explanation provided where appropriate.
CODE DESCRIPTION/INSTRUCTIONS
< The compound was analyzed for but not detected.
A Value reported is the mean (average) of two or more determinations.
J Estimated value value not accurate.
Sample held beyond the actual holding time.
Y Laboratory analysis was from an unpreserved or improperly preserved sample.
Add the results to get the Total and divide by the number of days in the month to get the Monthly Average,
Plant Staffing: List the name, certificate number, and class of all state certified operators operating the facility during the monitoring period.
Use additional sheets as necessary.
PART D - GROUND WATER MONITORING REPORT
Monitoring Period: Enter the month, day, and year for the first and last day of the monitoring period (i.e, the month, the quarter, the year, etc.)
during which the data on this report were collected and analyzed.
Date Sample Obtained: Enter the date the sample was taken. Also, check whether or not the well was purged before sampling.
Time Sample Obtained: Enter the time the sample was taken
Sample Measurement: Record the results of the analysis. If the result was below the minimum detection limit, indicate that.
Detection Limits: Record the detection limits of the analytical methods used.
Analysis Method: Indicate the analytical method used. Record the method number from Chapter 62460 or Chapter 62-601 , F.A.C., or from other sources.
Sampling Equipment Used: Indicate the procedure used to collect the sample (e.g. airlift, bucket/bailer, centrifugal pump, etc.)
Samples Filtered: Indicate whether the sample obtained was filtered by laboratory (L), filtered in field (F), or unfiltered (N).
Signature: This report must be signed in accordance with Rule 62-620.305, F.A.C. Type or print the name and title of the signing official.
Include the telephone number where the official may be reached in the event there are
questions concerning this report. Enter the date when the report is signed.
Comments and Explanation: Use this space to make any comments on or explanations of results that are unexpected. If more space is needed, reference
all attachments in this area.
SPECIAL INSTRUCTIONS FOR LIMITED WET WEATHER DISCHARGES
Flow (Limited Wet Weather Discharge): Enter the measured average flow rate during the period of discharge or divide gallons discharged by
duration of discharge (converted into days). Record in million gallons per day
(MGD).
Flow (Upstream): Enter the average flow rate in the receiving stream upstream from the point of discharge for the period of discharge. The average
flow rate can be calculated based on two measurements; one made at the start
- — -- - --and. one-made at the end of-the.discharge period. Measurements are to be made at-the upstream gauging station described in thepermit
-
Actual Stream Dilution Ratio: To calculate the Actual Stream Dilution Ratio, divide the average upstream flow rate by the average discharge flow rate.
Enter the Actual Stream Dilution Ratio accurate to the nearest 0. 1 .
Na of Days the SDF > Stream Dilution Ratio: For each day of discharge, compare the minimum Stream Dilution Factor (SDF) from the permit to the
calculated Stream Dilution Ratio, On Part B of the DMR, enter an asterisk
(•) if the SDF is greater than the Stream Dilution Ratio on any day of discharge. On Part A of the DMR, add up the days with an "e" and record
the total number of days the Stream Dilution Factor was greater than the Stream
Dilution Ratio,
CBOD,: Enter the average CBOD, of the reclaimed water discharged during the period shown in duration of discharge.
TKN: Enter the average TKN of the reclaimed water discharged during the period shown m duration of discharge.
Actual Rainfall: Enter the actual rainfall for each day on Part B. Enter the actual cumulative rainfall to date for this calendar year and the
actual total monthly rainfall on Part A. The cumulative rainfall to date for this calendar
year is the total amount of rain, m inches, that has been recorded since January 1 of the current year through the month for which this DMR contains
data.
Rainfall During Average Rainfall Year. On Part A, enter the total monthly rainfall dining the average rainfall year and the cumulative rainfall for
the average rainfall year. The cumulative rainfall for the average rainfall year is
the amount of rain, in inches, which fell during the average rainfall year from January through the month for which this DMR contains data.
No. of Days LW WD Activated During Calendar Year. Enter the cumulative number of days that the limited wet weather discharge was activated since January
1 of the current year.
Reason for Discharge: Attach to the DMR a brief explanation of the factors contributing to the need to activate the limited wet weather discharge.
DEP Fomf 62-QO.910(10), dreWve November 29, 1994
I
`1 1
Addendum
DMR Page 2 Notes removed from the DMR for use of the EDMR system are presented here for clarification.
Row 4, (i). Total sum of daily maximum values in a calendar month divided by the number of days in that calendar month.
(ii). Total sum of all reported values in a calendar month divided by the number of sampling events in that calendar month.
Rows 5 and 6 (iii). Mass load shall be calculated for each calendar month using the formula — [Calendar Month Avg. daily flow as calculated
in (i)] multiplied by [Avg. Concentration
in that month as calculated in (ii)] multiplied by [number of days in that month] multiplied by [8.34] . The Cumulative monthly totals in
the reporting year shall be reported on Form C
also. See note (iv) below.
Rows 7 and 8 (iv). Cumulative monthly total starting from January through December of each calendar year shall not exceed these values.
DMR page 3 has had the asterisks removed from Rows 2 and 3 which had denoted the limits as Interim.
DEP Form 62-620.910(10), effective Novwnber 29, 1994