Agenda 12/14/2010 Item #16D 8
Agenda Item No. 16D8
December 14, 2010
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to pay a fine of $600 to the Florida Department of Environmental
Protection for violations of Florida Rule 62-296.401, which provides regulatory
guidelines for Air General Permits
OBJECTIVE: To maintain compliance with Florida Rule 62-296.401, which provides
regulatory guidelines for Air General Permits.
CONSIDERATIONS: On July 13, 2010 the Florida Department of Environmental
Protection (DEP) performed an inspection of the air emmisions for the cremator at
Domestic Animal Services (DAS) as part of the process for renewal of the five-year Animal
Crematory Air General Permit from the State of Florida. The representative from the DEP
reviewed copies of the cremator temperature recording charts from the past two years, The
charts revealed instances when the temperature of the DAS cremator dipped below the
minumum required temperature of 1600 degrees Farenheil. This is a violation of 62-
296,401 (6)(c )2, FAC.
Upon notification of this violation Domestic Animal Services secured the services of
Matthews International to make appropriate repairs to the cremator. The necessary work
was completed on July 19, 2010, On July 22, 2010 DEP performed a second compliance
test of the crematory, which passed without any problems.
-
As further mitigation DAS updated its Crematory Operations and Maintenance Manual,
trained all staff on the same, and submitted this information to DEP, DEP made a final
determination that since DAS had resolved its violation in an expedient manner the penalty
for the violation would be lowered from $2550 to a fine of $500 and an administrative fee
of$100, for a total amount of $600,
FISCAL IMPACT: Funds are available in the DAS department budget cost center 001-
155410,
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this action,
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office
and is legally sufficient for Board action, -
RECOMMENDATION: That the Board of County Commissioners approves the payment of
a fine of $600 to the Florida Department of Environmental Protection for violation of Florida
Rule 62-296.401, which provides regulatory guidelines for Air General Permits
PREPARED BY: Hailey Alonso, Administrative Assistant, Domestic Animal Services
,-
Florida Department of
Environmental Protection
Agenda Item No. 16D8
DecemberdllkjiQJ:9.ist
Pageoo\ltl6or
-----~--~----------~~~-~
---- -~----- .....-----------------
South District Office
P,O, Box 2549
Fort Myers, FL 33902-2549
JetfKottkamp
Lt, Governor
Michael W, Sole
Secretary
July 26, 2010
CERTIFIED MAIL 7008 0500 0000 7776 3507
RETURN RECEIPT REOUESTED
Ms. Nan Gerhardt
Collier County Public Service Division
Domestic Animal Services
76 I 0 Davis Boulevard
Naples, Florida 34104
Re: Collier CounW - AG
Collier County Domestic Animal Service Crematory
Warning Letter
Dear Ms, Gerhardt:
The purpose of this letter is to advise you of possible violations of law for which you may be responsible
and to seek your cooperation in resolving the matter, During the compliance test of the crematory on July
13,2010, it was discovered that the secondary chamber temperature of the referenced animal crematory
was around 15500F, This temperature is below the regulatory requirements of 16000F, It was agreed to
postpone the compliance test until the crematory's temperature is corrected, The Department reviewed
the temperature records for the facility from January 2008 to June 30, 2010, and discovered 73
occurrences of secondary chamber lemperature below 1600oF, Enclosed with this letter is a list of low
temperature occurrences,
Rule 62-296.40 I (6)(c) 1, Florida Administrative Code states, the owner or operator of any proposed new
crematory unit which submits either a complete application for a permit to construct the new unit or an
initial air general permit registration for the new unit to the Department on or after August 30, 1989, shall
provide design calculations to confiml a sufficient volume in the secondary chamber combustion zone to
provide for at least a 1,0 second gas residence time at 1800 degrees Fahrenheit. This information shall be
provided to the Department with the air construction permit application or air general permit registration
form for the proposed new unit. 111e actual operating temperature of the secondary chamber combustion
zone shall be no less than 1600 degrees Fahrenheit throughout the combustion process in the primary
chamber, The primary chamber and stack volumes shall not be used in calculating this residence time,
Except as provided in subparagraph 62-296.401 (6)(c)2, F,A,C., cremation in the primary chamber shall
not begin unless the secondary chamber combustion zone temperature is equal to or greater than 1600
degrees Fahrenheit. Operating the crematory below the 16000F is a violation of Florida law.
"More Protection, Less Process"
www.dep.state.jl.us
Agenda Item No. 16D8
December 14, 2010
Page 3 of 8
Ms, Nan Gerhardt
Page Two
July 26, 20 I 0
The Collier County Domestic Animal Services immediately called Matthews Cremation Service to
correct the temperature problem; and allowed the Department to observe the repair work done on the
crematory on July 19,2010, Matthews Cremation Service believed that the problem was caused by the
low fuel being supplied to the burner. Finally, Matthews requested a cremation to ensure proper
operation of the unit. The Collier County Domestic Animal Services performed a second compliance test
of the crematory on July 22, 20 I 0 at 2:00 p,m. and passed the test without any problem,
You are requested to contact Sherrill Culliver at (239) 332-6975 at the above address within (15) days of
rcceipt of this warning letter to arrange a meeting to discuss this 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 reel could help resolve this matter,
Please be advised that this Warning I,etter is part of an agency investigation, preliminary to agency action
in accordance with Section 120,57(5), Florida Statutes, We look forward to your cooperation in
completing the investigation and resolution orthis matter.
Sinccrely,
-fZ 7j_~
Jon M, Iglehart
Director of
District Management
JMl/SCC/jw
Enclosure
Collier County Domestic Animal Service Cremations Agenda Item No. 16D8
December 14, 2010
Page 4 of 8
Date Cremation Weight (Ibs,) Temperture (F) Cremation Duration
1/15/2008 400 1550.1600 20 mins
1/19/2008 275 1425 - 1600 2 hrs, 15 mins,
1/23/2008 200 1350 - 1550 2 hrs, 15 mins.
1/26/2008 175 1600 - 1525 2 hrs, 15 mins.
1/29/2008 275 1425 - 1600 1 hr. 15 mins,
1/31/2008 100 1575 - 1600- 1560 1 hr, 45 mins,
2/1/2008 50 1600-1525 1 hr. 15 mins,
2/2/2008 325 1600 - 1500 1 hr, 15 mins,
2/8/2008 300 1500 - 1475 2 hrs. 15 mins.
2/12/2008 275 1400. 1600 1 hr. 45 mins
2/23/2008 300 1450 - 1475 2 hrs. 15 mins.
2/28/2008 350 1375 - 1600 2 hrs. 15 mins,
3/7/2008 250 Ma Ifunction
3/8/2008 Re.burn 1425 2 hrs, 15 mins.
3/12/2008 300 1500 - 1600 1 hr.
6/27/2008 125 1525 . 1600 1 hr. 15 mins,
7/2/2008 125 1400 - 1600 1 hr. 15 mins,
7/10/2008 25 1525 . 1600 1 hr,
7/29/2008 375 1300 - 1450 2 hrs, 15 mins,
7/30/2008 375 1375 - 1475 2 hrs, 15 mins,
8/20/2008 150 1400 - 1600 2 hrs, 15 mins,
8/26/2008 200 1425. 1600 2 hrs, 15 mins,
8/30/2008 100 1400. 1600 2 hrs, 15 mins,
9/3/2008 175 1400 - 1550 2 hrs, 15 mins,
9/6/2008 100 1500 - 1575 2 hrs, 15 mins,
9/13/2008 75 1375.1575 2 hrs, 15 mins,
9/18/2008 100 1400 - 1600 2 hrs, 15 mins,
9/29/2008 Crematory Serviced by Matthews
10/1/2008 Follow up Service by Matthews
10/8/2008 450 1550 - 1600 45 mins.
10/21/2008 300 1500 - 1600 45 mins,
11/6/2008 100 1450. 1600 1 hr. 15 mins.
11/15/2008 400 1450 - 1600 1 hr.
11/19/2008 undetermined 1450' 1600 1 1Ir. 45 mins
12/2/2008 200 1400.1600 50 mins,
12/3/2008 200 1500. 1600 1 hr. 15 mins,
12/9/2008 50 1460 - 1600 1 hr. 45 mins
12/13/2008 150 1475 - 1600 50 mins,
12/17/2008 undetermined 1450. 1600 1 hr,
1/2/2009 300 1450. 1600 45 mins,
1/16/2009 175 1450. 1600 2 hrs. 15 mins,
1/23/2009 100 1450 - 1600 2 hrs. 15 mins,
1/24/2009 75 1525 40 mins,
1/28/2009 25 1500 - 1600 1 hr. 30 mins,
2/12/2009 200 1550. 1600 45 mins.
3/10/2009 400 1450 - 1600 40 mins,
Page 1 of 2
Date
3/29/2009
4/7/2009
4/9/2009
4/14/2009
4/15/2009
5/12/2009
5/14/2009
6/14/2009
6/23/2009
7/15/2009
8/20/2009
9/12/2009
12/3/2009
12/8/2009
1/5/2010
1/7/2010
1/14/2010
1/20/2010
2/8/2010
2/19/2010
3/10/2010
3/11/2010
3/14/2010
3/20/2010
4/9/2010
4/15/2010
4/15/2010
5/6/2010
5/14/2010
6/19/2010
6/30/2010
Collier County Domestic Animal Service Cremations
Cremation Weight (lbs.)
250
150
75
100
75
50
100
150
350
150
300
300
25
300
100
10
80
100
200
300
50
9
20
20
75
65
80
250
100
250
100
Temperture (F)
1475.1600
1450 - 1600
1450. 1600
1500 - 1600
1575. 1600
1500 - 1600
1525 - 1600
1500. 1600
1475.1600
1460 . 1600
1460. 1600
1475.1600
1475.1600
1475.1600
1475' 1600
1500. 1600
1450.1600
1475
1450. 1600
1425 . 1500
1500. 1600
1500 - 1600
1450. 1600
1450.1600
1450. 1590
1450. 1590
1550 . 1600
1425.1600
1450. 1600
1475.1600
1425 - 1600
Cremation Duration
40 mins,
30 mins,
1 hr. 15 mins,
30 mins,
30 mins,
30 mins,
45 mins,
30 mins,
1 hr. 30 mins,
1 hr 15 mins,
45 mins,
45 mins,
1 hr,
45 mins,
1 hr.
1 hr
1 hr 15 mins,
2 hrs, 15 mins.
1 hr. 15 mins.
2 hrs, 15 mins,
1 hr. 15 mins.
1 hr. 15 mins.
2 hrs. 15 mins,
2 hrs, 15 mins,
2 hrs, 15 mins,
2 hrs, 15 mins.
1 hr. 15 mins,
1 hr,
45 mins,
1 hr.
2 hrs, 15 mins,
Agenda Item No. 16D8
December 14, 20'10
Page 5 of 8
Page 2 of 2
Florida Department of
Environmental Protection
Agenda 11@W;11'Jd-.:~i608
DecembeMil\rRlJ10
Page 6 of 8
Jeff Kullkamp
U, (io\'ernor
South District Office
Post Office Box 2549
Fort Myers, Florida 33902-2549
l\Ilmi A. Drew
Secretary
SHORT FORM CONSENT ORDER
October 5, 2010
CERTIFIED MAIL 7008 0150 0003 14566402
RETURN RECEIPT REQUESTED
Ms. Nan Gerhardt
Public Services Division
Domestic Animal Services
Collier County Board of County Commissioners
7610 Davis Boulevard
Naples, Florida 34104
SUBJECT: Proposed Settlement Collier County Domestic Animal Services vs, FDEP
OGC File No, 1O-2659-II-AG
Dear Ms, Gerhardt:
The purpose of this letter is to complete the resolution of the matter previously identified by the
Department in the Warning Letters dated July 9, 2010 a copy of which is attached. The corrective actions
required to bring your facility into compliance have been performed, The Department finds that you are
in violation of the rules and statutes cited in the attached Warning Letter, In order to resolve the matters
identified in the attached Warning Letter, you are assessed a civil penalty of$500 and an administrative
cost of$IOO,
The civil penalties and administrative cost are apportioned as follows:
1. Rule 62-296.40 [(6)(c)(1). Florida Administrative Code -The owner or operator of any
proposed new crematory unit which submits either a complete application for a permit to
construct the new unit or an initial air general permit registration for the new unit to the
Department on or after August 30, 1989, shall provide design calculations to confirm a
sufficient volume in the sccondary chamber combustion zone to provide for at least a 1,0
second gas residencc time at 1800 degrees Fahrenheit. This information shall be provided to
the Department with the air construction permit application or air general permit registration
form for the proposcd new unit. The actual operating temperature of the secondary chamber
combustion zone shall be no less than 1600 degrees Fahrenheit throughout the combustion
process in the primary chamber. The primary chamber and stack volumes shall not be used in
calculating this residence time, Except as provided in subparagraph 62-296.40 1 (6)(c)2.,
F,A.C., cremation in the primary chamber shall not begin unless the secondary chamber
combustion zone temperature is equal to or greater than 1600 degrees Fahrenheit. The total
for this violation is $500,
2, Administrative Cost. $100
The Department acknowledges that the payment of these civil penalties by you does not constitute an
admission of liability, This payment must be made payable to the Department of Environmenta[
Page 1 of2
Ahwc Protection, Less Process"
li'WW depsltlle-fl us
SHORT FORM CONSENT ORDER
Collier County Domestic Animal Services
OGC File NO.1 0-2659-11-AG
October 5, 20 10
Agenda Item No. 16D8
December 14, 2010
Page 7 of 8
Protection by a negotiable check or money order and shall include the OGC File Number as assigned
above in addition to a notation for the "Ecosystems Management and Restoration Trust Fund," Payment
shall be sent to the Department of Environmental Protection, Post Office Box 2549, Fort Myers, Florida
33902 within sixty (60) days of your signing this letter.
Your signing this letter constitutes your acceptance of the Department's offer to resolve this matter on
these terms, lfyou 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 ]20,69 and 403,121, Florida Statutes,
If you do not sign and return this letter to the Department at the District address by October 27, 20 10, the
Department will assume that you are not interestedjn settling this matter on the above-described terms,
and will proceed accordingly. This letter determines none of your rights or substantial interests unless
you sign it and it is filed with the Department Clerk,
Sincerely,
11 J[
Jon M, Iglehart
Director of
District Management
FI,~TH. E.RE. ~P_ON\~E~'~S:{.\\::., _
~~ _ . '_ _ on behalf of Collier Countv Domestic Animal Services,
Nan rhardt
\0 III ,0._
(Date) I
HEREBY ACCEPT THE TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
FOR DEPARTMENT USE ONLY
DONE AND ENTERED this.. _.~_ day of ___
,2010.
Clerk Stamp
FILING AND ACKNOWLEDGMENT FILED, on
this date. pursuant to Section] 20.52(7), Florida
Statutes, with the designated agency Clerk, receipt of
which is hereby acknowledged.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
(Clerk)
(Date)
Jon M. Iglehart
Director of
District Management
JM]/SCC/jw
Attachment
Page 2 of2
Item Number:
Item Summary:
Meeling Date:
Agenda Item No. 16D8
December 14, 2010
Page 8 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1608
Recommendation to approve payment of $600 administrative fine to the Florida Department
of Environmental Protection for violation of Florida Administrative Code 62-296.401, which
provides regulatory guidelines for Air General Permits.
12/14/2010900:00 AM
Prepared By
Hailey Alonso
Public Services Division
Administrative Assistant
Date
Domestic Animal Services
11117/20103:33:14 PM
Approved By
Amanda Townsend
Public Services Division
Director Domestic Animal Services
Date
Approved By
Domestic Animal Services
11/17/20104:05 PM
Colleen Greene
County Attorney
P.ssistant County Attorney
Date
COLIn tv Attorney
11/18/20109:06 AM
Approved By
Marla Hamsey
Public Services Division
Administrator. Public SCI'vices
Date
Pllt11iC S~,rvices Division
11/18/20104:18 PM
Approved By
OMS Coordinator
County Manager's Office
Date
Office r)f lVlallaqement & Budqet
11/19/20103:39 PM
Approved By
Sherry P "yor
Office of fV:::'lllag(H110nt 8,
Blld~J(-"t
r,ri;111i3ry~rnent! EhHlget ;'\n~llyst, SOIJior
Date
(}flfce IJf M:JllagellH'nl & 8lld~V}t
11122/20'1011:46 AM
Approved By
.Jeff Ela1]l;ow
C(lunty AttOliJCY
Date
Approved By
12/1/20109:27 AM
LE~o E. (JellS, Jr.
County Managf!!"5 Office
t>HJnty l\!bn,Jucr
Date
County Mana~J'?rs Office
12/1/20103:32 PM