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INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DIS'T'RICT
Landfill f Administration I Recycling
1325 74th Avenue SW
Vero Beach, FL 32968
Phone: 561-770-5112
561-770-5113
561-770-5114
Fax: 561-770-5296
June 30, 2000
Ms. Vivian Garfein
Department of Environmental Protection
3319 Maguire Blvd., Suite 232
Orlando, FL 32803
Re: Short Fyne Consent Order
OGC # 00-1093
Dear Ms. Garfein:
Assessment Fees
1840 25th Street
Vero Beach, FL 32960
Phonc.561-567-8000
Ext. 300
Fax: 561-770.5143
CERTMEED ED MAID.
Z 081 403 277
Return Reccipt Requeged
Enclosed pursuant to the provisions of the referenced Short Form Consent Order OGC # 00-1093,
is a check in the amount of $5,750. Please confirm that all issues related to this order are now
resolved.
Sincerely,
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BU AKU cltr LKIUNI r G'VI{Rh MIU11"L O
ss •'e of Florida - Courtly of hidian River
0 5 1,540 25ri1 Sneer
�. Vero Bench, Florida 32960
•` +++`' Irirst Umcm i<a:innal flank
Date : 0612912000 No. 0285251'
6
EY.ffCYLY **********5,750D0LLARS AAD OOCENTS*** B
AVLHUJZ $5,750-00
042328 FLORIDA DEPART MATT OF
ENVIRONAIENrAL PROTECTIOA' 1
3319 MAGUIRE YLVD SUITE 232
ORLANDO rL 32803.3707
11'02852511' 1;.0r"?OOGt,32+:26585039627L011'
Board of County Commissioners IVARRANrNO. 0285251
Indian River Count
y 'utero Beach, Florida 32960 TOT,, .AMOUNT $5,750.00
Ifrvoice Number P Invoice Dare I PO p 11morr+rr ? I'lMice Number Invoice !?rate YO 1,' Arnolsnit 1
OGC#001093EA?RTF 0612612000 $5,750.00 0610512000 $.00
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leb Bush
Governor
Department of COPY'
Environmental Protection
CERTIFIED
7099 3400 0006 1320 2235
Central District
33 19 Maguire Boulevard. Suite 232 Dared 8. Struhs
Orlando. Florida 32883.3767 Secretary
4.
!I, Odb-AP-00-126_ . _
James Chandler, County Administrator _. ......;3 -�
Indian River County t:;; -
1840 25'n Street
Vero Beach, Fla. 32960
Indian River - AP
Proposed Settlement by Short Form Consent Order in the Case of
Indran River County Solid Waste G s )osat District OGCm 0a-1093
Dear Mr. Chandler.,
The purpose of this letter is to complete the resolution of the matter previously identified
by the Department in the Warning Letter OWL -AP -00-456, dated November 16, 1999 a
copy of which is attached. The corrective actions required to bring your facility into
compliance have been performed. In order to resolve the matters identified in the
attached Warning Letter, you are assessed civil penalties in the amount of5�.00
along with 150^00 to reimburse the Department costs, for a total of 5,750.0 This
payment must be made payable to the Department of Environmental Protection by
cashier's check or money order and shall include the OGC File Number assigned above
and the notation "Ecosystem Management and Restoration Trust Fund (EMRTF)"".
Payment shall be sent to the Department of Environmental Protection, 3319 Maguire
Boulevard, Suite 232, Orlando, Florida 32803 within thirty (30) days of your signing this
letter.
Your signing this letter constitutes your acceptance of the Depar`tment's offer to resolve
the matter on these terms, If you elect to sign this letter, please return it to the
Department at the address indicated above, The Department will then countersign the
letter and file it with the Clerk of the Department. When the signed letter is filed with the
Clerk, the letter shall constitute final agency action of the Department which shall be
enforceable pursuant to Section 120.169 and 402.121, Florida Statutes.
"Mare Protection, Less Process"
Punted 0ry recycled pope,
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James Chandler
OCD -00-126
Page Two
If you do not sign and return this letter to the Department at the district address above
by June 12, 2000, the Department will assume that you are not interested in settling this
matter on the above described terms, and will proceed accordingly. None of your rights
or substantial interests are determined by this, letter unless you sign it and it is filed with
the Department Clerk.
Sincerely,
Vivian F.)9a n
Director f Disttrii t anagement
a
Date —'- —0-0
I, �r..-- : ✓ , on behalf of r►Itiria�' RiYC
JH RiEBY ACC> PT THE TERMS OF THE SETTLEMENT OFFER IDENTIFIED
BOVE.
For: Indian River County For the me t;
By:
�ter�1 t�r�7rr5rauLe r� d ivian F. G rn
County Administrator Director of i tr t Management
Entered into this f q qday of �1) le_ , 2000, in Orlando, Florida.
FILING AND ACKNOWLEDGMENT FILED,
on this date, pursuant to §120.52, Florida
Statutes, with the designated Department
Clerk, receipt of which is hereby acknowledged.
CLERK
u? v DATE )q 2Doo
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Attachments
cc: Commissioner Fran B. Adams
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NOTICE OF RIGHTS
Persons who are not parties to this Consent Order but whose substantial interests are
affected by this Consent Order have a right, pursuant to Sections 120.559 and 120.57, Florida
Statutes, to petition for an administrative hearing on it. The Petition must contain the
information set forth below 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 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 pursuant to
Sections 120.569 and 120.57, Florida Statutes.
The petition shall contain the following information:
(a) The name, address, and telephone number of each petitioner; the Department's Consent
Order identification number 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 Consent Order; (c) A
statement of how each petitioner's substantial interests are affected by the Consent Order; (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 Consent Order; (Q A statement of
which rules or statutes petitioner contends require reversal or modification of the Consent
Order; (g) A statement of the relief sought by petitioner, stating precisely the action petitioner
wants the Department to take with respect to the Consent Order.
If a petition is filed, the administrative hearing process is designed to formulate agency
action. Accordingly, the Department's final action may be different from the position taken by it
in this Notice. Persons whose substantial interests will be affected by any decision of the
Department with regard to the subject Consent Order have the right to petition to become a
party to the proceeding. The petition must conform to the requirements specified above and be
filed (received) within 21 days of receipt of this notice in the Office of General. Counsel at the
above address of the Department. Failure to petition within the allowed time frame constitutes a
waiver of any right such person has to request a hearing under Sections 120.569 and 120.57,
Florida Statutes, and to participate as a party to this proceeding. Any subsequent intervention
will only be at the approval of the presiding officer upon motion filed pursuant to Rule 600-
2.010, Florida Administrative Code.
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FAX: (407) ZM5143
June 12, 2000
BOARD OF COUNTY COMMISSIONERS
DEPARTAIE,VT OF UTILITY SER VICES"
1840 2Sth Street, Vero Beach, Florida 32960
Ms. Vivian Garfein, District Director Sent via CERTIFIED MAIL
Central District - Florida DEP RECEIPT # 7 370 392 663
3319 Maguire Boulevard
Suite 232
Orlando, FL 32803
RE: SOLID WASTE DISPOSAL DISTRICT PERMITTING ISSUES WITH
INDIAN RIVER COUNTY OGC # 00-1093
Dear Ms. Garfein:
On Tuesday, June 13, 2000, the Indian River County Board of County Commissioners approved
the Terms and Conditions of the Short Form Consent Order Final Settlement, with the enclosed
stipulations.
The Agenda Item dated June 7, 2000, was heard and approved by the Board of County
Commissioners, and included the ability for the Staff to continue pursuing the in-kind
contribution option. AIso, please find enclosed the executed document dated 6-5-00 for your
signature. Please return an executed copy for our files.
On June 7, 2000, the Department addressed a leiter to you informing you of the Landfill- to -Gas
Feasibility Study expenditure, and we would like. within the next thirty days, to meet with your
representatives to finalize the County's in-kind credit.
Please feel free to give me a call at (5G 1) 567-3000 (extension 1330), to set tip a date and time for
the meeting and thanks again for all your support and assistance in this matter.
Sincerely
Donald I . IIubbs P.E.
Director of Utility Services
Enclosures
cc: James E. Chandler, County Administrator
Itonald Brooks. SWDD Manager
Fit ileserve(ND0nnic WDonald FtubbsW avian Ga-fdrit DEP - Solid WV ste Disposal Disinct Pem icing Issues wwab IRC
to
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.LUNE 7, 2000
TO:
i
INDIAN RINTTR COUNTY ADMINISTRATOR
FROINI:
DONALD R. HUBBS, F.E.
S
SUBJECT:
Permitting and Reporting Issues
Department of Environmental Protection
INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DISTRICT (SWDD)
AGENDA ITEM
DATE:
.LUNE 7, 2000
TO:
JAMES E. CHANDLER
INDIAN RINTTR COUNTY ADMINISTRATOR
FROINI:
DONALD R. HUBBS, F.E.
DIRECTOR OF UTILITY SERXCESI
SUBJECT:
Permitting and Reporting Issues
Department of Environmental Protection
Short Form Consent ruder Final Settlement
BACKGROUND
On December 7 and 21. 1999, the Solid Waste Disposai District Board heard the issues involving
the Title 5 Reporting Requirements and Landfill Gas Recovery System. Aller lengthy negotiations
with the Department of Environmental Protection, a short form settlement has arrived, with which
the staff has addressed minor concerns (see enclosed letter dated June 7, 2000).
OPTIONS
1. To accept the Department of Environmental Protection settlement offer for a total of 55,750.00,
paid to the Department, and allow staff to negotiate continued in-kind contribution or;
2. To reject the Department of Environmental Protection offer and seek redress through
administrative hearing or other mechanism.
RECOMMENDATION
Tice staff of the Solid Waste Disposal Distnct recommends that the District Board accept the
settlement as enclosed and allow staff to further negotiate, if possible, an in-kind project
contribution as per the attached letter and allow the County Administrator to sign attached
document.
F
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FAX: 1407) 770.5143
June 7, 2000
B0,11 RD OF COUNTY CUri AIISSIC111 ER'S
DEPARThfENT OF UTILITY SER VICES'
189025th SR rete, Vero Beach, Flurlda 32960
Ms. Vivian Garfein, Director of District Management
Department of Environmental Protection
3319 Maguire Blvd. Ste. 232
Orlando, Florida 32503-3757
Re: Solid Waste Disposal District, permitting issues with Indian River County
Dear Ms. Garfein:
We are in receipt of your letter dated June 5, 2000 and appreciate your response regarding this
matter. I'm sure you are as anxious as I am to bring this matter to a close and we hope to do so in
a timely fashion.
As per our meeting in your offices on March 14, 2000, and our field meeting on May 22nd,
2000, the District wishes to take advantage of a partial credit to the assessed civil penalty by
means of our pro -activity by having entered into an agreement with the Department of
Corrections to pursue the gas recovery and energy production system.
'rhe landfill -to -gas feasibility study, in the amount of $15, 982.00, was commissioned by the
Board of County Commissioners on March 14, 2000, It is hoped that the Department of
Environmental Protection will continue to consider the possibility of obtaining credit for this
study using the in-kind conversion of the County's pro -rated share,
In addition, since your letter of June 5, 2000 indicates a signature date by June 12, 2000, which,
cannot be met, we are requesting; an extension to the nearest BCC meeting of June 13, 2000 so
that the BCC may consider this issue and direct staff accordingly. We trust that this short
extension period will meet to your satisfaction.
In closing, the SWDD is in substantial agreement with tine short form approach to the settlement
of this case and hopes that our continued ofTer of in-kind contribution as well as the short time
extension will meet with your consideration. We will correspond with you after tine BCC
meeting to communicate the final legislative disposition of'this case.
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Thank you for all your help and consideration and should you need to speak with me, please feel
free to contact me at (561) 557-8000 ext. 1830.
Sincerely, _M1�
Donald R. Hubb
Director of Utility Services
Cc: James E. Chandler, IRC Administrator
Ronald R. Brooks, SWDD Manager
i%FILESERVLR\PUnLIOUti Gti a0hc 11ie-SEcltcr tO Nis. GarrineAm
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Department of
a
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, �w�a Environmental Protection
Central District David B. 5vuhs
lob Bush _ 3319 Maguire Boulevard, Suite 232 Secretary
Governor Orlando, Florida 32803.3767
wARMNc t-ETTER
CFRTIFI1:t]iE—T1OWL-AP-99-455
P 248 041 820
Ronald Brooks, Authorized Representative
Indian River County Solid Waste Disposal District
184 0 25`' Street
Vero Beach, Florida 32960
Indian River County - AP
Permit V_i _ tions
Dear Mr. Brooks:
The purpose of this letter is to advise you of a possible violation of law for which you may
be responsible, and to seek your cooperation in resolving the matter. A review of the
Compliance Statement for your facility located 1325 74"Avenue, Southwest, Vero Beach,
Indian River County, Florida indicates that violations of Florida Statutes and Rules may
exist at the above described facility. The following was observed:
The Annual Operation 'Report for the landfill was submitted on November 3 with the
Compliance Statement. The report was due no later than March 't, 1999.
The County has notified the Department that the required gas collection and control
system has not been installed by the deadline of .lune 30, 1999. The monitoring
conditions have also not been d throuGlnuse Tieaillhorf other tappsovledn#est ng hatThe
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County has not demons g
collection system is not needed.
The Compliance Statement stated the permittee was in- o chane with 60.757
Reporting Requirement. There is no indication that the annual Nonmethane
organic Compounds (NMOC) Emission Rate reports were submitted.
Section 403.161(1)(b), Florida Statutes, provides that it shall be a violation of this chapter,
and it shall be prohibited for any person to fail to obtain any permit required by this chapter
or by rule or regulation, or to violate or fail to comply with any rule, regulation, order,
permit, or certification adopted or issued by the Department pursuant to its lawful
authority.
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"Aroteer, Conserre and Manage Florida's Environment and N010tcl Resavrus"
pr+nted an rxrycfed pope'.
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Ronald Brooks
OWL -AP -99-456
Page Two
Section 403.161(1)(c), Florida Statutes (1) It shall be a violation of this chapter, and it
shall be prohibited for any person: (c) To i nowintdly make any false statement,
representation, or certification in any application, record, report, plan, or other document
filed or required to be maintained under this chapter, or to falsify, tamper with, or
knowingly render inaccurate any monitoring device or method required to be maintained
under this chapter or by any permit, rule, regulation, or order issued under this chapter.
Section 4173.087(1), 'Florida Statutes, provides that no stationary installation which will
reasonably be expected to be a source of air or water pollution shall be operated,
maintained, constructed, expanded, or modified without an appropriate and currently valid
permit issued by the Department, unless exempted by Department rules.
Permit 0610015-001 -AV Appendix TV -1, Title V Condition 52 (revised to TV -3 4/30199,
Condition 51) provides: $totement of CQmoliance. The ,permittee shall submit a statement
of compliance with all terms and conditions of the permit. Such statements shall be
submitted to the Department and EPA annually, or more frequently if specified by Rule
62-213.440(2), F.A.C., or by any other applicable requirement. Such statements shall be
accompanied by a certification in accordance with Rule 62-213.420(4), F.A.C. The
statement of compliance shall include all the provisions of 40 CFR 70.6(c)(5)(iii),
incorporated by reference at Rule 62-204.800, F.A.C.
o 40 CFR 70.6(c)(5)(iii). The compliance certification shall include all of the following
(provided that the identification of applicable information may cross-reference the permit
or previous reports, as applicable):
(A) The identification of each term or condition of the permit that is the basis of the
certification;
(B) The identification of the method(s) or other means used by the owner or
operator for determining the compliance status with each term and condition during
the certification period, and whether such methods or other means provide
continuous or intermittent data. Such methods and other means shall include, at a
minimum, the methods andmeans required under 40 CFR 70.6(a)(3). If necessary,
the owner or operator also shall identify any other material information that must be
included in the certification to comply with sections 13(c)(2) of the Act, which
prohibits knowingly making a false certification or omitting material information;
(C) The status of compliance with the terms and conditions of the permit for the
period covered by the certification, based on the method or means designated in
paragraph (c)(5)(iii)(B) of this section. The certification shalt identify each deviation
and take it into account in the compliance certification. The certification shall also
identify as possible exceptions to compliance any periods during which compliance
is required and in which an excursion or exceedance as defined under part 64 of
this chapter occurred; and
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s
Ronald Brooks
OWL -AP -99-4456
Page Three
(D) Such other facts as the permitting authority may require to determine the
compliance status of the source.
Within ten (10) days receipt of this Warning Letter, please submit the required annual
NMQC report(s). The County must schedule and perform the required testing to
demonstrate that a collection system is not needed or install the required collection
system. Demonstration that a system would not be needed will not relieve the County of
the enforcement actions from failure to meet the deadlines to demonstrate compliance as
set forth in the State and Federal rules. if it Is determined that a system would be
needed, all of the delayed monitoring requirements and installation of the system plus
additional days to come into compliance would be subject to enforcement action. This
time period would include time up to the installation, testing„ and monitoring of a system.
The activities described in this letter, and any other activities at your facility that may be
contributing to violations of the above described statutes or rules should be ceasedyou
are requested to contact Caroline Shine at 407-893-3335 or at the above address within
fifteen (15) days receipt of this Warning Letter to arrange a meeting to discuss the matter.
The Department is interested in reviewing any facts you may have that will assist in
determining whether any violations have occurred. You may bring anyone with you to the
meeting that you feel could help resolve the matter.
Please be advised that this. Warning Letter is part of an agency investigation, preliminary
to agency action in accordance with Section 120.57(4), Florida Statutes. We look forward
to your cooperation in completing the investigation and resolution of this matter.
Sincerely,.
Vivian F. Garfein
Director of District Management
Date
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V FGf LTKIcs
cc; Mike Harley, DEP
Indian River County Manager