HomeMy WebLinkAbout8/25/1993Wednesday, August 25, 1993
The Board of County Commissioners of Indian River County,
Florida, met in Special Joint Session with the Vero Beach City
Council in the First Floor Conference Room of the County
Administration Building, 1840 25th Street, Vero Beach, Florida, on
Wednesday, August 25, 1993, at 5:01 p.m. Present were Richard N.
Bird, Chairman; John W. Tippin, Vice Chairman; Fran B. Adams;
Carolyn K. Eggert; and Kenneth R. Macht. Also present were James
E. Chandler, County Administrator; Charles P. Vitunac, County
Attorney; and Diane Albin, Deputy Clerk.
Present from the Vero Beach City Council were Jay Smith,
Mayor; Caroline Ginn; Jack Grossett; William Jordan; and Carl
Pease. Also present were Tom Nason, City Manager; Larry Braisted,
City Attorney; and Phyllis Neuberger, City Clerk.
The Chairman called the meeting to order.
The Board reviewed the following memo dated August 3, 1993:
DATE: AUGUST 3, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM:RMAN
CE G. P /
4;DIRECTOR OF UTILITY SERVI
STAFFED AND
PREPARED BY: BARRY E. ASHER&1""�
ASSISTANT DIREEZUR OF U17LITY SERVICES
SUBJECT: SLUDGE/SEPTAGE ORDINANCE
As authorized by the Board of County Commissioners on January 29,
1991 (copy attached), the County advertised and received bids for
the Sludge/Septage Project on August 28, 1991._ After review of the
bids by the County and the Florida Department of Environmental
Protection, and calculation of final projected costs, the County
issued the Water and Sewer Series 1991 Bonds to finance the project
.(combined with an Environmental Protection Agency construction -
grant) . To finance the project, it was important for .the County to
require that treatment of sludge and septage in the unincorporated
areas be only through the County facilities.
�� BOOK 90 f'AGE 129
BOOK 90 F-M'A.30
AUG 2' 5 1993
The County issued the Notice to Proceed an -the project in February
1992, and the project is now complete. The sludge/septage plant
will officially begin accepting sludge/septage from commercial
haulers on August 1, 1993.
The County has historically experienced illegal dumping of
sludge/septage as evidenced by the attached articles.
The Department believes that improper sludge/septage disposal by
land spreading and other such methods is a serious threat to the
health, safety, and welfare of residents of the unincorporated
areas.
The Department recognizes that the City of Vero Beach (City) is
currently land applying its sludge. The City advised when it backed
out of participation in the County plant, and in subsequent meetings
with the County, that it proposes to build its own sludge treatment
facilities. The Department recognizes that this ordinance would
propose a problem with the City unless an interim agreement is
negotiated, but the Department, with the completion of the
sludge/septage facilities and its commitments under the revenue
requirements for the bond issue, cannot delay passage of the Sludge
and Septage Ordinance.
The County has received the City's response to the proposed
ordinance (copy attached). The Department believes the County
facilities are adequate for disposal on an interim basis for the
City and does not recommend an extension of time (license
agreement).
BT�BT?�4�I:
The staff of the Department of Utility Services recommends the Boar.
of County Commissioners approval of the proposed Sludge and Septage
Ordinance, which prohibits treatment and disposal of sludge and
septage anywhere in the unincorporated areas of Indian River County
except through facilities of Indian River County, a
and authorize
date for the required public Hearing.
Utility Services Director Terry Pinto reported that a State
law was enacted several years ago prohibiting sludge and septage
dumping at landfills. Funding was made available to assist with
construction of a septage and sludge treatment facility and the
City was to be included in the area served. A cost -benefit
analysis revealed that the County should build one regional
facility rather than several small ones, and the County applied for
grants from the Environmental Protection Agency (EPA) and the
Department of Environmental Regulation (DER). In order for the
grants to be approved, the County was required to enter into a
contract with the City. The City decided to build its own sludge
treatment system, notified the County of its intent in a meeting
held in December 1989, and a contract between the County and City
was negotiated to provide for the County to accept septage but not
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sludge from the City. The system was downsized and the amount of
the grant was reduced. The City has not built a facility of its
own yet, and staff is proposing that the City use the County's
facility for a charge of $45.00 per customer for the estimated 18
months it will take the City to build a facility.
Chairman Bird asked Director Pinto to explain the difference
between septage and sludge.
Director Pinto explained that septage is the waste that comes
from septic tanks, and sludge is the solid portion of sewage that
is transported via the sewer lines to the wastewater treatment
plant where the liquid and solid wastes are separated.
Councilwoman Ginn asked what portion of the total cost of the
County's treatment plant was funded with grant monies.
Director Pinto responded that the total cost of building the
plant was $4.6 million and the amount of the grant was $2.2
million.
Discussion ensued, and Director Pinto emphasized that although
the State allows sludge spreading until 1995, we should stop
spreading sludge now that the treatment facility is available
because of environmental considerations.
City Manager Nason contended that the state does not plan to
prohibit sludge spreading after 1995. Sludge can be spread after
1995 as long as it meets certain criteria.
Councilman Jordan asked, and Director Pinto responded, that
the County facility can be expanded if the City decides to
participate in the County's facility rather than build its own.
City Manager Nason was in support of an ordinance prohibiting
the spreading of septage and grease but was opposed to an ordinance
prohibiting sludge spreading for the following reasons:
• The City's sludge meets all current EPA sludge metal
limits and meets the more stringent 1995 requirements
about 50% of the time. It contains 1/2 of 1% of the
allowable bacteria.
• The City is using a responsible hauler and the sludge is
spread at state -approved locations.
• The Department of Environmental Protection (DEP)
estimates that 70% of all sludge in the State of Florida
is disposed of by spreading.
• The EPA considers sludge spreading to be an acceptable
practice.
City Manager Nason did not understand why the County wanted to
enact a sludge ordinance before 1995. He felt this was a "grab for
money" on the part of the County because the County spent several
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L_ AUG 25193
BOOK 90 FAGS •. l
r -AUG 25 1993
BOOK 90 N�,Ur x332
million dollars on a sludge treatment plant that is not getting
much use. He emphasized that the City is willing to accept
responsibility for spreading sludge.
Commissioner Macht asked whether the City tests the sludge on
a regular basis and if there is a way of verifying the numbers. ,
City Manager Nason explained that the sludge is tested
quarterly and is rated high quality because there is not much
industrial waste generated in the city. The small amount of
industrial waste that is generated goes through a pre-treatment
process.
Commissioner Eggert understood there have been problems with
illegal dumping of both sludge and septage.
City Manager Nason indicated that the only sludge violations
occurred when sludge was dumped too close to a well on an approved
site.
Director Pinto contended that dumping too close to a well on
an approved site is as unacceptable as dumping on an unapproved
site. He argued that the sludge treatment plant is funded within
the County's utility rate structure and the County is not making
this offer to the City in order to generate revenue. He emphasized
that the City can take its sludge anywhere in the State of Florida
as long as it is taken outside the county.
City Manager Nason reported that the City has given the
consultant 90 days to review the City's options.
Mayor Smith pointed out that there are political implications
because 40 to 60 percent of the area served is outside the city
limits. In other words, 40 to 60 percent of the voters who elect
the BCC will be affected if the City is forced to raise utility
rates.
Chairman Bird asked whether it was too late for the City to
reconsider the decision to construct its own facility. He was
concerned that it might create an unnecessary burden on taxpayers
for the City and the County to have separate treatment facilities.
He also questioned the City's proposed location for the facility in
a high-density area and thought it might be preferable for the City
to participate in the County's facility.
Mayor Smith indicated that the City Council will choose the
least costly alternative.
Chairman Bird contended that other factors besides the cost
should be considered.
Commissioner Adams realized that sludge spreading has been
done for many years, but she was concerned about our fresh water
supplies. She felt the County should set an example by doing what
4
is best for the environment. She did not like Mayor Smith's threat
of passing the cost onto county voters.
Mayor Smith argued that the City will have no choice but to
raise its rates if the ordinance is passed.
Heated discussion ensued.
Administrator Chandler emphasized that the County made a
decision when construction of the sludge treatment facility was
first started to pass the ordinance against spreading sludge as
soon as it was completed. He stressed that the amount charged the
City will not include capital recovery, and the County is just
trying to help the City find an interim solution to the problem.
Mike Galanis, environmental health director, commented that
the City's sludge is Class 1 and the City uses a reputable hauler.
The problem is that anyone with a permit from DEP can spread sludge
in this county, and some of it is more harmful Class 2 sludge. Mr.
Galanis acknowledged that septage is a bigger problem than sludge.
He asked whether the City was asking the County to pass the
ordinance with an exemption for the City.
Administrator Chandler felt it would be a violation of laws
against discrimination to pass an ordinance that exempted the City.
City Attorney Braisted suggested passing an ordinance against
spreading septage, grease and Class 2 sludge.
Chairman Bird felt it would be an enforcement nightmare to
determine whether someone is hauling Class 1 or Class 2 sludge and
asked whether the City tried to find other sites for spreading the
sludge.
City Manager Nason explained that there is not enough acreage
available within the city.
Commissioner Tippin commented that he never heard of any
plagues caused by sludge, but he predicted that all sludge
spreading will be illegal in the future. He urged everyone to try
to cooperate and do what is best for the taxpayers. He preferred
to give the City a grace period.
John TenEyke, assistant director of the City of Vero Beach
wastewater treatment plant, pointed out that a lot of the sludge
being generated in this county is taken to Okeechobee.
Commissioner Macht thought there was a consensus among the BCC
members to delay passage of this ordinance until the City's
consultant completes his report.
Commissioner Adams suggested enacting the septage ordinance
now and then pass a separate ordinance for the sludge.
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B00K 9® PA�r ,
I AUG 25 1993
BOOK 90 PAGE T
Attorney Vitunac advised that the ordinance could be passed
now and amended later.
George McCullers, owner of Reliable Services Septic Tanks,
contended that the septage he hauls is higher in quality than Class
1 sludge because it is treated with lime.
Director Pinto suggested passing the ordinance in its entirety
now, but providing for it to take effect after 90 days.
Attorney Braisted was concerned that it would put the City in
an adverse legal position if the City consultant's study is not
completed by then.
MOTION WAS MADE by Commissioner Macht, seconded by
Commissioner Tippin, to delay this proposed
ordinance for 90 days.
Under discussion, Commissioner Macht commented that this would
give us time to take care of technical details and get the results
of both the City and County rate studies.
Attorney Vitunac explained that the public hearing process
will take an additional 30 days. -
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 5:50 p.m.
ATTEST:
J Barton, Clerk
N
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Richard N. Bird, Chairman