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HomeMy WebLinkAbout2020-169September 10, 2020 FLORIDA DEPARTMENT OF RonDe Governor Environmental Protection Jeanette Nunez Lt. Governor Southeast District Office 3301 Gun Club Road, MSC 7210-1 Noah Valenstein West Palm Beach, FL 33406 Secretary 561-681-6600 Vincent Burke, Utilities Director IRCUD Central Gifford WWTF 180127 th Street Vero Beach, Florida 32960-6303 VBurkegIRCgov.com Re: IRCUD Central Gifford WWTF DW Facility ID #FLA010431 OGC Case #20-0891 Dear Mr. Burke: Enclosed is the executed Consent Order to resolve the above referenced case. This copy is for your records. Please be mindful of all required deadlines within the Order to ensure compliance. Your cooperation in this matter is appreciated. Should you have any questions or comments, please contact Zara Mansoor at (561) 681-6659 or via e-mail at Zara.Mansoor�a�,FloridaDEP.gov. Sincerely, Jason Andreotta Director, Southeast District Florida Department of Environmental Protection Enclosure: Executed Consent Order OGC Case #20-0891 ec: Lea Crandall, OGC www. Florida=. ctov July 31, 2020 . f i l ��� i!i. 1 1 i 61 it c f� k 4� r— !"u,i fi'�, i„ i, t. IRCUD Central Gifford W WTF Vincent Burke, Utilities Director 1801 2711' Street Vero Beach, Florida 32960-6303 VBurke(2cIRCaov.com Lt. Governor Southeast District Office Moshvelwitwin 3301 Gun Club Road, MSC 7210-1 Secretary West Palm Beach, FL 33406 561-681-6600 SUBJECT: Department of Environmental Protection v. IRCUD Central Gifford W WTF, OGC File No.: #20-0891 Facility ID: FLA010431 Mr. Burke: The State of Florida Department of Environmental Protection ("Department") finds that IRCUD Central Gifford W WTF ("Respondent") had an unauthorized discharge of 1,200,000 gallons of untreated wastewater, in violation of Rule 62-604.130, Florida Administrative Code (F.A.C.). Although there are no actions required to correct the violation, the Respondent remains subject to civil penalties as a result of the violation. The Respondent is also responsible for costs incurred by the Department during the investigation of this matter. The Department's Offer Based on the violation incurred by the unauthorized discharge described above, the Department is seeking $6,000.00 in civil penalties and $500.00 for costs and expenses the Department has incurred in investigating this matter, which amounts to a total of $6,500.00. In lieu of making cash payment of $6,500.00 in civil penalties and Department costs, Respondent may elect to off -set the civil penalty amount of $6,000.00 by implementing a Pollution Prevention (P2) Project, which must be approved by the Department. P2 is a process improvementthat reduces the amount of pollutionthat enters the environment; by conserving resource (including water, raw materials, chemicals, and energy) use, or by minimizing waste generation (including domestic and industrial wastewater, solid and hazardous waste, and air emissions). A P2 Project must reduce pollution or waste within the process beyond what is required by Federal, state, or local law, in order to be eligible for civil penalty off -set under this Order. If Respondent chooses to implement a P2 project, Respondent shall notify the Department of its election within 15 days of the effective date of this Order. DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 2 of 14 If Respondent elects to iinplement a P2 Project, Respondent shall submit a completed P2 Project Plan (Plan) within 30 days of the effective date of this Order. The Plan must be completed using Exhibit A, P2 Project Template. In the event the Department requires additional information to process the Plan, Respondent shat l provide a modified Plan containing the information requested by the Department within 15 days of the date of the request. If any balance remains after the entire P2 credit is applied to the allowable portion of the civil penalty, Respondent shal l pay the difference within 30 days of written notification by the Department to Respondent that the balance is due. Also, in lieu of making cash payment of $6,000 in civil penalties or electing to implement a P2 Project as set forth above, Respondent may elect to off -set this amount by implementing an In - Kind Penalty project, which must be approved by the Department. An in-kind project must be either an environmental enhancement, environmental restoration or a capital/facility improvement project and may not be a corrective action requirement of the Order or otherwise required by law. The Department may also consider the donation of environmentally sensitive land as an in-kind project. The value of the in-kind penalty project shall be one and a half tirnes the civi I penalty off -set amount, which in this case is the equivalent of at least $9,000.00. If Respondent chooses to implement an in-kind project as provided in this paragraph, Respondent shall notify the Department of its election by email within 15 days of the effective date of this Consent Order. Notwithstanding the election to implement an in-kind project, payment of the remaining $500 in costs must be paid within 30 days of the effective date of the Consent Order. If Respondent elects to implement an in-kind project as set forth above, then Respondent shall comply with all the requirements and time frames in Exhibit B, In -Kind Projects. Respondent's Acceptance If you wish to accept this offer and fully resolve the enforcement matter pending against the Respondent, within 30 calendar days of the mailing date of this Order, please sign this letter and return it to the Department at SED. Wastewater�FloridaDEP.agoy or at 3301 Gun Club Rd. MSC 7210-1, West Palm Beach, Florida 33406. The Department will then countersign it and file it with a designated clerk of the Department. Once the document is filed with the designated clerk, it will constitute a final order of the Department pursuant to Section 120.52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a third party in accordance with Chapter 120, F.S. and the attached Notice of Rights. By accepting this offer you, Mr. Vincent Burke: (1) certify that you are authorized and empowered to negotiate, enter into, and accept the terms of this offer in the name and on behalf of the Respondent; (2) acknowledge and waive the Respondent's right to an administrative hearing pursuant to Sections 120.569 and 120.57, F.S., on the terms of this offer, once final; DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 3 of 14 (3) acknowledge and waive the Respondent's right to an appeal pursuant to Section 120.68, F.S.; and (4) acknowledge that payment of the above amount does not constitute a waiver of the Department's right, if any, to recover emergency response related costs and expenses for this matter. The Department acknowledges that the Respondent's acceptance of this offer does not constitute an admission of liability forthe violation(s) referenced above. Respondent's Performance After signing and returning this document to the Department, (1) If elected, Respondent shall implement an approved P2 Project within 90 days of the effective date of this Order and shall submit a P2 Project Final Report within 270 days of the effective date of this Order. Your failure to timely start or complete the P2 Project, or timely provide the Department with the Final Report, will cause the P2 Project option to be forfeited and the civil penalty which is $6,000.00 shall be due within 10 days of notice from the Department. Similarly, if Respondent fails to timely notify the Department of intent to implement a P2, the full civil penalty shall be due within 10 days of notice from the Department. (2) If elected, Respondent shall implement an approved In -Kind Penalty Project within the submitted and approved schedule asset forth in the attached Exhibit B. Your failure to timely start or complete the In -Kind Project, or timely provide the Department with the Final Report, will cause the In -Kind Project option to be forfeited and the civil penalty which is $6,000.00 shall be due within 10 days of notice from the Department. Similarly, if Respondent fails to timely notifythe Department of intentto implement an in -Kind Penalty Project, the full civil penalty shall be due within 10 days of notice from the Department. (3) Respondent must pay $500.00 for the Department costs within 30 calendar days of the effective date of this Order. (4) Respondent shall make all payments required by this Order by cashier's check, money order or on-line payment. Cashier's check or money order shall be made payable to the "Department of Environmental Protection" and shall include both the OGC number assigned to this Order and the notation "Water Quality Assurance Trust Fund." Online payments by e -check can be made by going to the DEP Business Portal at: http://www.fldepportal.com/go/pay//. It will take a number of days afterthis order is final, effective and filed with the Clerk of the Department before ability to make online payment is available. The Department may enforce the terms of this document, once final, and seek to collect monies owed pursuant to Sections 120.69 and 403.121, F.S. DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 4 of 14 Until clerked by the Department, this letter is only a settlement offer and not a final agency action. Consequently, neither the Respondent nor any other party may request an administrative hearing to contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becomes a final order of the Department, as explained above, the attached Notice of Rights will apply to parties, other than the Respondent, whose interests will be substantially affected. Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be valid and have the same force and effect as originals. No modifications of the terms of this Order will be effective until reduced to writing, executed by both Respondent and the Department, and filed with the clerk of the Department. Please be aware that if the Respondent declines to respond to the Department's offer, the Department will assume that the Respondent is not interested in resolving the matter and will proceed accordingly. If you have any questions, please contact Zara Mansoor at (561) 681-6659 or at Zara.Mansoor@FloridaDEP.gov. Sincerely, Jason Andreotta Director, Southeast District FOR THE RESPONDENT: I, cxL� [Type or Print Name], HEREBY ACCEPT THE TERMS OF THE YETTLEMINT OFFER IDENTIFIED ABOVE. By: [Signature] Title: ou'l is tC [Type or Print] Date: K, 15/• 96210 BY COUINTY Y DEP v. 1RCUD Central Gifford WWTF OGC No. 20-0891 Page 5 of 14 FOR DEPARTMENT USE ONLY DONE AND ORDERED this 10th day of September , 2020, in Orange County, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 94� At5__ Jason Andreotta Director, Southeast District Filed, on this date, pursuant to section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk September 10, 2020 Date Attachments: Notice of Rights Exhibit A, P2 Project Template Exhibit B, In -Kind Projects Final clerked copy furnished to: Lea Crandall, Agency Clerk (lea.crandall(dep.state.1l.us) DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 6 of 14 NOTICE OF RIGHTS 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 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 al l material facts disputed by the petitioner or a statement that the petitioner does not dispute any material facts; f) 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 Order. The petition must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 or received via electronic correspondence at Agency Clerl<�floridadep.�ov, within 21 dans of receipt of this notice. A copy of the petition must also be mailed at the time of filing to the District Office at the address indicated above. 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. Mediation under Section 120.573, Florida Statutes, is not available in this proceeding. DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 7 of 14 Exhibit A P2 Project Template A. Project Description: (Summarize P2 Projects selected. Describe the processes or operations to be modified, and the specific changes to be made. Include details such as the specific equipment to be installed, materials to be substituted, and the actual changes to be made to processes or operations. Include manufacturer or vendor information, and specifications.) B. Environmental and Economic Benefits: (Explain why and how each Project proposed constitutes P2. Specify how each material, chemical, water and energy is saved, and from which processes or operations. Specify how each solid and hazardous waste, industrial wastewater and air emissions is generated, the waste type, and from which processes or operations. Describe generally in paragraph format. Estimate the annual savings in resources - raw materials, chemicals, water, and energy at the processor operation front end. Estimate the annual reductions in wastes solid and hazardous waste, wastewater, and air emission reductions at the processor operation back end. Figures quoted should represent weights or volumes annually, and should be equalized for production rate changes. Associated cost savings should be included. Describe specifically using the tables provided. Complete the first table for each Project individually. Add or average corresponding figures from each Project table to complete the Summary table, for multiple Projects.) DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 8 of 14 (Project Name) Annual Resource Consumption Comparison Item Quantity Used (gal/lb/kwh-specify) Purchasing Cost ($) Percent (%) Reduction Before After Reduction Before After Reduction Water Water Chemicals Chemicals Materials Materials Energy Energy Total Annual Cost Savings = Annual Waste Generation Com arison Item Quantity Generated (gal/lb/tons-specify) Disposal Cost ($) Percent M Reduction Before After Reduction Before After Reduction Hazardous Waste Hazardous Waste Industrial Wastewater Industrial Wastewater Solid Waste Solid Waste Air Emissions Total Annual Cost Savings = Total Annual Avoided Cost Savings = Summary ofAll P2 Projects Annual Resource Consumption Comparison Item Quantity Used (gal/Ib/kwh-specify) Purchasing Cost ($) Percent (%) Reduction Before After Reduction Before After Reduction Water Chemicals Materials Energy Total Annual Cost Savings = Annual Waste Generation Com arison Item Quantity Generated (gal/Ib/tons-specify) Disposal Cost ($) Percent (%) Reduction Before After Reduction Before After Reduction Hazardous Waste Industrial Wastewater Solid Waste DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 9 of 14 Air Emissions Total Annual Cost Savings = Total Annual Avoided Cost Savings= C. Project Cost: (Include per Project the itemized, subtotal and Project total costs. A projected payback period in months or years needs to be included. Provide a grand total cost for all Projects and an averaged projected payback period, for multiple Projects. Use list or table format for all.) D. Project Reporting: 1. Within 30 days of completing the P2 Project, the Respondent shall submit to the Department a P2 Project Final Report that includes the following: a. A confirmation that the information presented in Sections A -C of the Summary is unchanged, or an updated version with the sections changed appropriately. A statement that the Project(s) was/were implemented successfully. An explanation of any problems encountered and corrections applied. A statement indicating the date the Project was started and also the date completed. b. Attached expense reports, receipts, purchasing instruments and other documents itemizing costs expended on preparing and implementing the Project. 2 The Department shall review the Final Report and determine: a. Whether the project was properly implemented; and b. Which expenses apply toward pol lotion prevention credits. A $1.00 pollution prevention credit for each $1.00 spent on applicable costs will be applied againstthe portion of the civil penalty that can be offset. a. The following costs are applicable as P2 credits toward the civil penalty offset amount: i. Preparation of the P2 Project; ii. Design of the P2 Project; iii. Installation of equipment for the P2 Project; iv. Construction of the P2 Project; v. Testing of the P2 Project; vi. Training of staff concerningthe implementation of the P2 Project; and vii. Capital equipment needed for the P2 Project. b. The following costs shall not apply as P2 credits toward the civil penalty offset amount: i. Costs incurred in conducting a waste audit; ii. Maintenance and operation costs involved in implementing the P2 Project; iii. Monitoringand reportingcosts; iv. Salaries of employees who perform their job duties; v. Costs expended to bring the facility into compliance with current law, rules and regulations; DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 10 of 14 vi. Costs associated with a P2 Project that is not implemented; vii. Costs associated with a P2 Project that has not been approved by the Department; and viii. Legal costs. C. If any balance remains after the entire P2 credit is applied to the allowable portion of the civil penalty, Respondent shall pay the difference within 30 days of written notification by the Department to the Respondent that the balance is due. 4. The Department may terminate the P2 Project at any time during the development or implementation of it, if the Respondent fails to comply with the requirements in this document, act in good faith in preparing and implementingthe project, or develop and implement the P2 Project in a timely manner. The Respondent may terminate the P2 Project at any time during its development or implementation. 5. If the P2 Project is terminated for any reason, Respondent shall pay the full balance of the allowable portion of the civil penalty within 10 days of written demand by the Department. DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 11 of 14 Exhibit B In -Kind Projects Introduction Proposal a. Within 60 days of the effective date of this Consent Order, Respondent shall submit, by certified mail, a detailed in-kind project proposal to the Department for evaluation. The proposal shall include a summary of benefits, proposed schedule for implementation and documentation of the estimated costs which are expected to be incurred to complete the project. These costs shal I not include those incurred in developing the proposal or obtaining approval from the Department for the in-kind project. Proposal Certification Form b. The proposal shall also include a Certification by notarized affidavit from a senior management official for (insert name of Respondent) who shall testify as follows: My name is (print or type name of senior management official) and do hereby testify under penalty of law that: A. I am a person with management responsibilities for (print or type name of Respondent) budget and finances. During the eighteenth month period prior to the effective date of Consent Order OGC Case No.: there has not been any transfer or use of funds obtained by the (print or type name of Respondent) from the collection of sewer rates for any purpose not related to the management, operation, or maintenance of the Sewer System or to any capital improvement needs of the Sewer System. B. l am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowingly submitting false information in this certification. Sworn to and subscribed before me, by means of ❑ physical presence oi• ❑ online notarization, this day of , 20 by DEP v. IRCUD Central Gifford W WTF OGC No. 20-0891 Page 12 of 14 Personally, known or by Production of the following Identification Notary Public, State of Florida Printed/typed or stamped name: My Commission Expires: Comm ission/Serial No.: Annual Certification Form My name is (print or type name of senior management official) and do hereby testify under penalty of law that: A. I am a person with management responsibilities for (print or type name of Respondent) budget and finances. During the twelve month period immediately preceding the notary date on this Certification, there has not been any transfer or use of funds obtained by the (print or type name of Respondent) from the collection of sewer rates for any purpose not related to the management, operation, or maintenance of the Sewer System or to any capital improvement needs of the Sewer System. B. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowingly submitting false information in this certification. Sworn to and subscribed before me, by means of ❑ physical presence or ❑ online notarization, this day of , 20 by Personally, known or by Production of the following Identification Notary Public, State of Florida Printed/typed or stamped name: My Commission Expires: Commission/SerialNo.: C. If the Department requests additional information or clarification due to a partially incomplete in-kind project proposal or requests modifications due to deficiencies with Department guidelines, Respondent shall submit, by certified mail, all requested additional information, clarification, and modifications within 15 days of receipts of written notice. d. If upon review of the in-kind project proposal, the Department determines that the project cannot be accepted due to a substantial ly incomplete proposal or due to substantial deficiencies with minimum Department guidelines; Respondent shall be DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 13 of 14 notified, in writing, of the reason(s) which prevent the acceptance of the proposal. Respondent shall correct and redress all the matters at issue and submit, by certified mail, a new proposal within 30 days of receipt of written notice. In the event that the revised proposal is not approved by the Department, Respondent shall make cash payment of the civil penalties as set forth above, within 30 days of Department notice. e. Within 120 days of the effective date of this Consent Order, or, of the Department's notification that applying stipulated penalties to an in-kind project is acceptable, Respondent shall obtain approval for an in-kind project from the Department. If an in-kind project proposal is not approved by the Department within 120 days of the effective date of this Consent Order, or, of the Department's notification that applying stipulated penalties to an in-kind project is acceptable then Respondent shall make cash payment of the civil penalties as set forth above, within 30 days of Department notice. f. Within 180 days of obtaining Department approval for the in-kind proposal or in accordance with the approved schedule submitted, Respondent shall complete the entire in-kind project. g. During the implementation of the in-kind project, Respondent shall place appropriate sign(s) at the project site indicating that Respondent's involvement with the project is the result of a Department enforcement action. Respondent may remove the sign(s) after the project has been completed. However, after the project has been completed Respondent shall not post any sign(s) at the site indicating that the reason for the project was anything other than a Department enforcement action. h. In the event, Respondent fails to timely submit any requested information to the Department, fails to complete implementation of the in-kind project or otherwise fails to comply with any provision of this paragraph, the in-kind penalty project option shall be forfeited, and the entire amount of civil penalties shall be due from the Respondent to the Department within 30 days of Department notice. If the in-kind penalty project is terminated and Respondent timely remits the $6,000 penalty, no additional penalties shall be assessed for failure to complete the requirement of this paragraph. i. Within 15 days of completing the in-kind project, Respondent shall notify the Department, by certified mai 1, of the project completion and request a verification letter from the Department. Respondent shall submit supporting information verifying that the project was completed in accordance with the approved proposal and documentation showing the actual costs incurred to complete the project. These costs shall not include those incurred in developing the proposal or obtaining approval from the Department for the project. j. If upon review of the notification of completion, the Department determines that the project cannot be accepted due to a substantially incomplete notification of completion or due to substantial deviations from the approved in-kind project; Respondent shall be notified, in writing, of the reason(s) which prevent the acceptance of the project. Respondent shall correct and redress all the matters at issue and submit, by certified mail, a new notification of completion within 15 days of receipt of the Department's notice. If upon review of the new submittal, the Department determines that the in-kind project is still incomplete or not in accordance with the approved proposal, the in-kind penalty project option shall be forfeited, and the entire amount of civil penalty shall be due from the Respondent to the Department within 30 days of Department notice. If the in-kind penalty proiect is terminated and Respondent timely DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 14 of 14 remits the $6,000, no additional penalties shall be assessed for failure to complete the requirements of this paragraph.