Agenda 03/08/2016 Item #16F 4 Proposed Agenda Changes
Board of County Commissioners Meeting
March 8,2016
Move Item 16E5 to Item 11 E: Recommendation to retroactively waive formal competition for the
purchases from contract 12-5886R for Road Maintenance urban mowing services(including aquatic
mowing)from Superior Landscaping&Lawn Services Inc.,during the competitive bidding process.
(Commissioner Taylor's request)
Move Item 16F4 to Item 11F; Recommendation to authorize
staff to work with the Florida Department of Environmental
Protection (FDEP) to evaluate options for the County's future
potential participation in the operation of the Everglades City
utility. (Commissioner Taylor's request)
3/8/2016 8:26 AM
3/8/2016 16.F.4.
EXECUTIVE SUMMARY
Recommendation to authorize staff to work with the Florida Department of Environmental
Protection (FDEP) to evaluate options for the County's future potential participation in the
operation of the Everglades City utility.
OBJECTIVE: To receive Board approval to work with FDEP, the County Attorney's office, and
outside consultants in order to evaluate and develop a sustainable solution for the utility of Everglades
City.
CONSIDERATIONS: In a letter dated February 29,2016 to the Deputy County Manager(Attached),the
Deputy Secretary for Regulatory Programs at FDEP noted Everglades City's inability to improve its
wastewater treatment facilities which are out of compliance with FDEP's regulations (Consent Order and
Summons Attachment 1A-1B). FDEP believes that Collier County could help improve the utility service
in the Everglades City area. The Florida Rural Water Association's Wastewater Asset Management Plan
(Attached) highlights the issues identified during its evaluation of the Everglades City Wastewater
Treatment facility. Work will require an Initial Remedial Action plan (IRA), development of interim
compliance measures,a mid-term action plan, and sustainable solutions for ongoing compliant operations.
Staff's initial review will focus on the potential liabilities and risks associated with being assigned the
contract manager "Receiver" of the utility. Staff will work with FDEP to make sure that all state and
federal agencies have been contacted during this evaluation in order to fully assess the risks. This initial
evaluation in no way binds the Board to accept the management of the utility but will give staff the
necessary authorization and resources to bring back options. As part of this evaluation, staff will use
existing contracts to hire an outside consultant and counsel to review the existing condition of the utility,
review all current documentation, and help formulate the risk assessment with options.
FISCAL IMPACT: Sufficient budget exists within the General Fund – Other General Administrative
Cost Center in an amount not to exceed $50,000 to fund the necessary consulting services.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval.—JAK
GROWTH MANAGEMENT IMPACT: There is no growth management impact in the initial review.
RECOMMENDATION: That the Board of County Commissioners direct the County Manager or his
designee to evaluate options for County's future potential participation in the operation of the Everglades
City utility.
PREPARED BY: Nick Casalanguida,Deputy County Manager
Attachments:
1)FDEP Letter dated February 29, 2016
2)Consent Order and Summons(1A-1B)
3)Florida Rural Water Association Evaluation
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.4.
Item Summary: Recommendation to authorize staff to work with the Florida Department
of Environmental Protection (FDEP)to evaluate options for the County"s future potential
participation in the operation of the Everglades City utility.
Meeting Date: 3/8/2016
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
3/2/2016 11:13:23 AM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
3/2/2016 11:13:24 AM
Approved By
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 3/2/2016 1:48:23 PM
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Rick Scott Florida Department of o as @'�
Environmental Protection
, Carlos Lopez-Cantera
Marjory Stoneman Douglas Building Lt. Governor
3900 Commonwealth Boulevard
o Tallahassee, Florida 32399-3000 Jonathan P. Steverson
yenta► p` Secretary
February 29,2016
Nick Casalanguida
Deputy County Manager, Collier County
3299 Tamiami Trail East, Suite 202
Naples, Florida 34112-5746
NickCasalanguidaL%collier 2ov.net
RE: Everglades City's Wastewater Utility
Dear Mr. Casalanguida,
As we have discussed,the Department has worked with Everglades City for a number of years to improve
A
the management and operation of its wastewater utility. However, the City recently informed the
Department that the City does not have the means to improve its wastewater treatment infrastructure.
The Department believes that Collier County,which operates one of the best run utilities in the state,
could improve significantly the utility service and quality of life in the Everglades City area. The
Department is hoping that Collier County will join with the Department in developing and implementing
a solution. We have partnered well in the past, and this would be another opportunity to do so.
Please contact me or Jon Iglehart(Jon.l dehart adep.state.fl.us), Director of our Fort Myers regulatory
office,with any questions. Thank you in advance for your time and attention to this matter.
Sincerely.
.w,--,
1
Paula L. Cobb
Deputy Secretary for Regulatory Programs
cc: Jon Iglehart,Director, South District Office, DEP
Larry Morgan, Senior Deputy General Counsel, Office of General Counsel, DEP
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Filing # 34811871 E-Filed 11/24/2015 10:04:31 AM 3/8/2016 16.F.4.
IN THE CIRCUIT COURT OF THE TWENTIETH.i UD U CIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION,
Petitioner,
vs. Case No.:
EVERGLADES CITY
Respondent.
PETITION FOR ENFORCEMENT AND COMPLAINT
Petitioner, the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (Department), files this Petition for Enforcement and Complaint against
EVERGLADES CITY(City), and alleges as follows:
1. This is a civil action for enforcement of a Consent Order(CO)pursuant to section
120.69 Florida Statutes ("Fla. Stat.") and a civil complaint for injunctive relief and penalties,
which exceed $100,000, exclusive of interest, costs, and attorneys' fees, pursuant to sections
403.121, 403.131, 403.141, and 403.161 Fla. Stat.
2. This Court has jurisdiction over this action pursuant to Article V, section 5 of the
Florida Constitution, and §§ 26.012, 120.69(1), 403.121, 403.131, 403.141, 403.161, and Fla.
Stat.
3. Venue in this action lies in this Circuit because the subject matter of this action is
located in Collier County, Florida, and because the events giving rise to this action took place in
Collier County, Florida.
4. The Department of Environmental Protection is the regulatory agency of the State
of Florida, created by § 20.255,Fla. Stat., charged with the power and duty to administer and
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enforce Chapters 376 and 403, Fla. Stat., and the regulations promulgated thereunder in Chapter
62, Fla. Admin. Code.
5. The City is a"person" as defined by section 403.031(5), Fla. Stat.
6. On April 3, 2013, the Department and the City entered into a CO intended to
address the City's Wastewater Treatment Plant(Facility) violations. A copy of the executed CO
is attached hereto as Exhibit 1.
7. Irreparable harm will result if the City continues to operate and
maintain the Facility in violation of applicable rules and does not comply with the terms and
conditions of Exhibit 1.
8. An inadequate remedy at law is presumed in this case because the legislature has
specifically empowered the Department to request injunctive relief for the violations enumerated
herein pursuant to Section 403.131, Fla. Stat.
9. The Florida legislature has specifically declared in Section 403.121, Fla. Stat. that
actions brought by the Department for injunctive relief to prevent further harm to the
environment are in the public interest.
10. The Department has a clear legal right to injunctive relief. The City is failing to
comply with applicable rules for operating and maintaining the Facility that is reasonably
expected to be sources of soil and groundwater pollution. Section 403.131, Fla. Stat. gives DEP
the authority to seek an injunction to remedy these violations.
COUNT I- PETITION FOR ENFORCEMENT OF CONSENT ORDER
11. The allegations contained in paragraphs 1-10 are re-alleged and incorporated
herein.
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12. Para a h 5(a) of the CO contains a total of 24 numbered corrective actions with
corresponding completion dates that the City was required to perfoam(hereinafter referred to as
Corrective action#....). Of these 24 corrective actions, the City has failed to complete the
following as required by the CO:
a. Corrective action#3 —Improve protocol and enforcement of grease removal
by June 30, 2013;
b. Corrective action#5—Replace out of date calibration standards/buffers by
June 30, 2013;
c. Corrective action#7-Repair broken surge tank pump by June 30,2013;
d. Corrective action#9-Repair air diffusers by December 31, 2013;
e. Corrective action#11 —Repair clarifier skimmer by December 31, 2013;
f. Corrective action# 14—Repair all malfunctioning flow meters by December
31, 2013;
g. Corrective action#19—Repair rails/catwalks/ladders sufficient to provide safe
access by June 30,2013;
h. Corrective action#21 —Repair secondary blower by December 30, 2013;
i. Corrective action#22—Repair digester blower by December 30, 2013;
j. Corrective action#23 —Repair Clarifier by December 30, 2013;
k. Corrective action#24—Replace variable frequency drives on the equalization
pump and the three RAS pumps by June 30, 2015; and
1. Corrective action#25 —Replace the air compressor and hydropneumatic tank
on the irrigation system by June 30, 2015.
3
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3/8/2016 16.F.4.
13. The City has failed to comply with paragraph 6 of the CO, by not, within 30 days
of June 3, 2013, retaining the services of a professional engineer,registered in the State of
Florida to accomplish all of the following:
(a) design a complete replacement wastewater treatment plant and evaluate the effluent
disposal systems and collection systems to discover the cause or causes of noncompliance;
(b) design modifications to the effluent disposal systems and collections system to ensure
they will function in full and consistent compliance with all applicable rules;
(c) complete an application for a wastewater permit to construct a complete replacement
wastewater treatment plant and the modifications required by item (b) above;
(d) oversee construction of the complete replacement wastewater plant and modifications.
14. The City failed to comply with paragraph 7 of the CO by not submitting to the
Department, on or before December 31, 2014, a complete application and fee for a Department
wastewater permit to construct a complete replacement wastewater treatment plant.
15. The City failed to comply with paragraph 9 of the CO by not submitting status
reports to the Department every six months, beginning June 30, 2013 until all construction,
improvements,modifications, and corrective actions contained in the CO have been complete.
16. The City has failed to comply with paragraph 10 of the CO by not submitting to
the Department, on or before December 31, 2014, a detailed Operation and Maintenance
Performance Report and Capacity Analysis Report for the Facility.
17. In paragraph 13 of the CO the City agreed to pay the Department stipulated
penalties in the amount of$1,000 per day for each and every day it failed to comply with any of
the requirements of paragraphs 5 through 12 of the CO. To date,the City has failed to pay the
Department any stipulated penalties.
4
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3/8/2016 16.F.4.
PRAYER FOR RELIEF
WHEREFORE,the Department respectfully prays that this Court:
A. Issue a mandatory injunction requiring the City to immediately comply with all
provisions of the CO pursuant to 120.69(2) Fla. Stat.;
B. Award the Depai tment stipulated penalties pursuant to paragraph 13 of the CO;
C. Award the Department its investigative costs, and attorney's fees in maintaining
this action pursuant to 120.69(7);
D. Granting all other relief as the Court deems just and proper.
COUNT II—OPERATING WITHOUT A PERMIT
18. The allegations contained in paragraphs 1-10 are re-alleged and incorporated
herein.
19. On July 5, 2015, the Domestic Wastewater Facility Permit which was issued to
the City by the Department for the Facility expired. To date,the Department has not received a
complete application for a permit renewal for the Facility(Department awaiting submission of
Operation and Maintenance Report, Capacity Analysis Report, Operating Protocol, Site Plan,
Biosolids Storage Plan,Reclaimed Water Analysis and Binding Agreements from Reclaimed
Water Users).
20. The City is violating 62-620.300(2) Fla. Admin. Code R. by operating and/or
maintaining the Facility(which discharges waste into waters or which will reasonably be
expected to be a source of water pollution) without a permit from the Department.
21. The City is also in violation of 403.161(1.)(b) Fla. Stat. as a person failing to
comply with any rule or order... and is subject to civil penalties of up to $10,000 per day
pursuant to 403.141.
5
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3/8/2016 16.F.4.
COUNT H-PRAYER FOR RELIEF
WHEREFORE, the Department respectfully requests that this Court:
A. Award the Department civil penalties up to $10,000.00 per day for each and every
day the City violated 62-620.300(2) Fla. Admin. Code R. and Section 403.161(1)(b),
pursuant to Florida Statutes sections 403.161 and 403.141;
B. Require the City obtain a valid permit for the operation of the Facility or in the
alternative cease operation of the Facility;
C. Award the Department costs and expenses associated with the investigation of the
facts alleged herein; and
D. Award such other relief as this Court deems just and appropriate.
RESPECTFULLY SUBMITTED this-2 I day of November, 2015.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
� c
Kirk S. 'te
Senior Assistant General Counsel
Florida Bar No, 073113
3900 Commonwealth Blvd., MS #35
Tallahassee, Florida 32399-3000
Telephone: (850)245-2282
Facsimile: (850)245-2298
Primary E-mail: Kirk.White @dep.state.fl.us
Secondary E-mail: Karen.Tyre @dep.state.fl.us
Tertiary E-mail: DEP.Enforcement @dep.state.fl.us
6
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EXHIBIT 1
Executed Consent Order
State of Florida Department of Environmental Protection
vs.
Everglades City
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3/8/2016 16.F.4.
0190k .
FLORIDA DEPARTMENT OF
'S41111 *.,
� ENVIRONMENTAL N`rjIRONMENTAL PROTECTION to t; sr:rttt
n�� j r� South District Office r=)v FRyOR
0 i5ltt a. Post Office Box 2549
tit-RSC:FILL T V'ftiy:1€{C) tft
IliallialMSOW
Fort Myers,Florida 33902-2549 SI i RI,.t in
April 3,2013
Honorable Sammy Hamilton,Jr., Mayor
City of Everglades
P.O. Box 110
Everglades City, Florida 34139
Email: mayorhaniilton @aot.com
RE: Collier County- DW
Everglades City WWTP
OGC Case No.: 13-0853-I I-DW
FL0027618
Dear Mayor Hamilton:
Enclosed is the signed and entered Consent Order to resolve the above referenced case. This copy is for
your records.
Please note that all compliance dates begin from the date of entry of this Order, which is April 3,2013.
Upon satisfactory completion of all conditions of the Order, we will close this case and place it in our
inactive file.
If you have any questions,please contact Deanna Newburg of this office at (239)344-5677. Your
cooperation in resolving this case is appreciated.
Sincerely,
0
Jon �_
Director of District Management
JMI/DN/jI
Enclosure
cc: Enforcement File
Rony Joel, P.E., 2ronyjoeaa,comcast.net
Mary Wilson, FDEP,OGC(mary.wilson @dep.state.fl.us)
I,ea Crandall, FDEP,OGC(lea.crandalladep.state.fl.us)
Deanna Newburg, FDEP(deanna.newburg(a,,dep.state.fl.us)
Bob Ballard, FDEP(bob.ballard@dep.state.fl.us)
,,, w ifep.claw J1 its
Exhibit 1
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3/8/2016 16.F.4.
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE
OF ENVIRONMENTAL PROTECTION ) SOUTH DISTRICT
)
vs. ) OGC FILE NO.:13-0853-1 t-DW
)
EVERGLADES CITY )
)
CONSENT ORDER
This Consent Order("Order")is entered into between the State of Florida Department of Environmental
Protection("Department")and Everglades City("Respondent")to reach settlement of certain matters at issue
between the Department and Respondent.
The Department finds and Respondent admits the following:
1. The Departnientis the administrative agency of the State ofFlorida having the power and duty to protect
Florida's air and water resources and to administer and enforce the provisions of Chapter 403,Florida Statutes
("F.S."),and the rules promulgated and authorized in Title 62,Florida Administrative Code("F.A.C."). The
Department has jurisdiction over the matters addressed in this Order.
2. Respondent is a person within the meaning of Section 903.031(5),F.S.
3. Respondent is the owner and is responsible for the operation of the Everglades City Wastewater
Treatment Plant,a 0.160 million gallon&per day,annual average daily flow(MOD,AADF)advanced domestic
wastewater treatment plant with disposal to a rapid infiltration basin,a slow rate public access reuse system,and a
surface water discharge to the Lake Placid Canal designated as D-001 in permit FL0027618("Facility"). The
Facility is operated under Wastewater Permit No.FL0027618("Permit"),which was issued on July 6,2010,and
will expire on July 5,2015. The Facility is located at Copeland Avenue and Kumquat Street in Everglades City,
Collier County,Florida("Property"). Respondent owns the Property on which the Facility is located.
4. The Department fronds that the following violations occurred;
(a) As of November 9,2012,the Respondent had not completed any of the items required in the
compliance schedule in the Permit,condition VIA, Regulatory requirement:Florida
Administrative Code(F.A.C.)62-620.300(5)states a permitted wastewater facility or activity
shall not be operated,maintained,constructed,expanded,or modified in a manner that is
inconsistent with the terms of the permit.
(b) The reuse automatic diversion system is not functioning. Rule 62-600.410(6),F.A.C.,
requires all facilities and equipment necessary for the treatment,reuse,and disposal of
domestic wastewater and domestic wastewater residuals to be maintained,at a minimum,so
as to function as intended.
Exhibit 1
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3/8/2016 16.F.4.
DEP vs.Everglades City
Consent Order,OCC No,:13-0853-11-DW
Page 2
(e) The influent and effluent composite samplers are not working. Rule 62-600.410(6),F.A.C.,
requires all facilities and equipment necessary for the treament,reuse,and disposal of
domestic wastewater and domestic wastewater residuals to be maintained,at a minimum,so
as to function as intended.
(d) The effluent chlorine meter is not working. Rule 62-600.410(6),F.A.C.,requires all facilities
and equipment necessary for the treatment,reuse,and disposal of domestic wastewater and
domestic wastewater residuals to be maintained,at a minimum,so as to function as intended.
Having reached a resolution of the matter Respondent and the Department mutually agree and it is
ORDERED:
5. Respondent shalt comply with the following corrective actions within the stated time periods:
(a) Respondent shall complete each corrective action listed in the table below on or before the
specified and agreed required completion date:
Correetivc Actions Required Completion Date
1 Submit a whole effluent toxicity test,and Primary+ immediately upon initiating
Secondary test. next surface water discharge.
2 Acquire a new set of turbidity gel standards for the June 30,2013
turbidity meter.
3 Improve protocol and enforcement of grease removal. June 30,2013
4 Repair auto samplers.- June 30,2013
S Replace out of date calibration standards/buffers. June 30,2013
(Deleted daring negotiation and intentionally left as a
6 placeholder to avoid renumbering con f tsiun when Not Applicable
referencing rebated documents),
7 Repair broken surge tank pump. June 30,2013
8 Repair the effluent chlorine meter. June 30,2033
9 Repair air diffusors. December 31,2013
10 Level clarifier weirs. December 31,2013
11 Repair clarifier skimmer. December 31,2013
t2 Clean excessive sand/gritfrom clarifier. December 31,2013
13 Clean solids from chlorine contact chamber. June 30,2013
14 Repair all malfunctioning flow meters. December 31,2014
Repair all leaks in the rvalts/pipes of the facility that soon as reasonably
15 possible,but never to exceed
actively discharge to any waters of the state. 45 days after discovery.
16 Correct turbid effluent. June 30,2013
97 Correct excessive scum,grease,foam,floating solids December 31,2013
in the clarifier.
18 Correct floating scum/debris in chlorine contact June 30,2013
chamber.
19 Repair rails/catwalks/ladders sufficient to provide safe June 30,2013
access.
20 Repair the reuse automatic diversion system. ti Jiure 30,2013
DW/CO Exhibit 1
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DEP vs. Everglades City
Consent Order,OGC No.:13-0853-11-DW
Page 3
Corrective Actions Required Completion Date
21 Repair secondary blower, December 31,2013 1
22 Re air di: torblawer. December31,2013
23 Refurbish Clarifier, December 31,2013
24 Replace variable frequency drives on the equalization June 30,2015
pump and the three RAS pumps.
25 Replace the air compressor and hydropneumatic tank June 30,2015
on the irri•ation s stem.
(b) On or before June 30,2014,Respondent shall completely and permanently elitninate all the
discharge flow fi-oin the Facility to surface water and permanently decommission and
dismantle outfall D-00l of Permit(FL0027618),regardless of any intervening events or
alternative time frames in this Order which might suggest a later date.
6. Within 30 days of the effective date of this Order,Respondent shall retain the services of a professional
engineer,registered in the State of Florida,to accomplish all of the following:
(a) (i) Design a complete replacement wastewater treatment plant,and
(ii) evaluate the effluent disposal systems and collection system to discover the cause or
causes of noncompliance.
(b) Design modifications of the effluent disposal systems and collection system to ensure that the
systems will function in full and consistent compliance with all applicable rules of the
Department. Note that Surface Water Discharge D-001 shall be permanently shut down and
dismantled pursuant to paragraph 5(b)above.
(c) Complete an application for a Department wastewater permit to construct: (i)a complete
replacement wastewater treatment plant,and(ii)those modifications listed in subparagraph
(b)of this paragraph which require a Department wastewater permit.
(d) Oversee the construction of the complete replacement wastewater treatment plant and the
modifications to the effluent disposal systems and collection system.
(e) Submit to the Department a Certification of Completion,prepared and sealed by a
professional engineer registered in the State of Florida,stating that the complete replacement
wastewater treatment plant and modifications to the effluent disposal systems and collection
system have been constructed in accordance with the provisions of the permit.
(I) Contact Ms.Deanna Newburg,Compliance Assurance Manager,by telephone(234-344-
5677)or in person,before initiating the activities described in subparagraphs(a)and(b)of
this paragraph.
Exhibit 1
DW/CO
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DEP bra Everglades City
v
Consent Order,OGC No.:13-0853-11-DW
Page 4
(g) In the event the Department requires additional information to process the permit application
described in subparagraph(c)of this paragraph,provide a written response containing the
information requested by the Department within 30 days of the date of the request.
7. On or before December 31,2014,Respondent shall submit a complete application and appropriate
application fee for a Department wastewater permit to construct:(i)a complete replacement wastewater treatment
plant,and(ii)those modifications designed pursuant to subparagraph(6)(b)which require a Department
wastewater permit. At the same time,Respondent shall also submit a list of modifications designed pursuant to
subparagraph(6)(b)which do not require a Department wastewater permit,
8. Respondent shall submit appropriate Certifications of Completion,prepared and sealed by a professional
engineer registered in the State of Florida,stating that the complete replacement wastewater treatment plant
and/or the codifications/improvcmentsfcorrective actions to the Facility,effluent disposal systems,and collection
system have been completed in accordance with the applicable rules and the provisions of the applicable permits:
(a) Not later than June 30,2016,for the complete replacement wastewater treatment plant.
(b) Within 180 days of the date a Department wastewater permit is issued for all modifications
designed pursuant to subparagraph 6(b)that required a wastewater permit from the
Department.
(c) By June 30,2014,for all modifications designed pursuant to subparagraph 6(b)that do not
require a wastewater permit from the Department,unless a different date is specified in
subparagraph 5(a)in which case subparagraph 5(a)controls.
(d) By the deadlines specified in subparagraph 5(a)for all the corrective actions listed in
subparagraph 5(a).
9. Beginning June 30,2013,and every six months thereafter until all construction,improvements,
modifications,and corrective actions have been completed,Respondent shall submit to the Department a written
report containing information about the status and progress of projects being completed under this Order,
information about compliance or noncompliance with the applicable requirements of this Order,including
construction requirements and effluent limitations,and any reasons for noncompliance. These reports shall also
include a projection of the work Respondent will perform pursuant to this Order during the 12-month period
which will follow the report. Respondent shalt submit the reports to the Department within 30 days of the end of
each six month period.
10. On or before December 31,2014,Respondent shall submit to the Department a detailed Operation and
Maintenance Performance Report meeting all of the requirements of Rule 62-600.735,F.A.C.,and a Capacity
Analysis Report for the Facility meeting all of the requirements of Rule 62-600.405,F.A.C.
Alktk
DWICO Exhibit 1
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DEL'vs. Everglades City
Consent Order,OCC No.: 13-0853-11-DW
Page 5
11. Notwithstanding any other language in this Consent Order,no deadline imposed by this Consent Order
can be later than June 30,2016,regardless of any intervening events or alternative time frames in this Order
which might suggest a later date.
12. For convenience,the following table summarizes important reporting requirements of this Consent Order:
TYPE OF REPORT DATE DUE PARAGMPH.REFERENCE
Submit a whole effluent toxicity test, Immediately upon initiating next 5(a)
and Primary+Secondary lest. surface water discharge.
Complete Permit Application and a list
of modifications designed pursuant to
subparagraph(6)(b)which do not December 31,2014 7
require a Department wastewater
emit.
J
Operation&Maintenance December 31,2014 10
Performance Report
Capacity Analysis Report December 31,2014 10
Certification of Completion for all
Corrective Actions listed in Deadlines listed in subparagraph 5(a). 5(a)and 8(d)
subparagraph 5(a),except for item 15
which is a continuing duty.
Certification of Completion for all
modifications not requiring a June 30,2014,unless a different date is 8(c)and 5(a)
De•artment wastewater•ennit. s ecified in sub.ara: a 5 a. T_
Certification of Completion for all
modifications that required a 180 days after date of permit issuance. 8(b)
Department wastewater permit,
Certification of Completion for the
complete replacement wastewater June 30,2016 8(a)
treahnent plant.
Status Report Not later than July 30,2013, 9
and eve six months thereafter.
13. Respondent agrees to pay the Department stipulated penalties in the amount of$1,000.00 per day for each
and every day Respondent fails to timely comply with any of the requirements of paragraphs S through 12 of this
Order. The Department may demand stipulated penalties at any time after violations occur. Respondent shall pay
stipulated penalties owed within 30 days of the Department's issuance of written demand for payment,and shall
do so as further described in paragraphs 14 and I5 below. Nothing in this paragraph shall prevent the Department
from filing suit to specifically enforce any terms of this Order.
14. Respondent shall make all payments required by this Order by cashier's check or money order. Payment
instruments shall be made payable to the"Department of Environmental Protection"and shalt include both the
0CC number assigned to this Order and the notation"Ecosystem Management and Restoration Trust Fund."
Exhibit 1
DW/CO
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DEP vs. Everglades City
Consent Order,QGC No.:13-0853-11-DW
Page 6
15. Except as otherwise provided,all submittals and payments required by this Order shall be sent to Ms.
Deanna Newburg,Department of Environmental Protection,2295 Victoria Avenue,Suite 364,P.O.Box 2549,
Fort Myers,FL 33902-2549.
.16. Respondent shall allow all authori2ed representatives of the Department access to the Facility and the
Property at reasonable tunes for the purpose of determining compliance with the terms of this Order and the rules
and statutes administered by the Department.
17. If any event,including administrative or judicial challenges by third parties unrelated to Respondent,
occurs which causes delay or the reasonable likelihood of delay in complying with the requirements of this Order,
Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the
reasonable control of Respondent and could not have been or cannot be overcome by Respondent's due diligence,
Neither economic circumstances nor the failure of a contractor,subcontractor,materialman,or other agent
(collectively referred to as"contractor")to whom responsibility for performance is delegated to meet
contractually imposed deadlines shall be considered circumstances beyond the control of Respondent(unless the
cause of the contractor's late performance was also beyond the contractor's control). Upon occurrence of an event
causing delay,or upon becoming aware of a potential for delay,Respondent shall notify the Department by the
next working day and shall,within seven calendar days notify the Department in writing of(a)the anticipated
length and cause of the delay,(b)the measures taken or to be taken to prevent or minimize the delay,and(c)the
timetable by which Respondent intends to implement these measures. If the parties can agree that the delay or
anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondent,the
time for performance hereunder shall be extended. The agreement to extend compliance must identify the
provision or provisions extended,the new compliance date or dates,and the additional measures Respondent must
take to avoid or minimize the delay,if any. Failure of Respondent to comply with the notice requirements of this
paragraph in a timely manner constitutes a waiver of Respondent's right to request an extension of time for
compliance for those circumstances.
18. The Department,for and in consideration of the complete and timely performance by Respondent of all
the obligations agreed to in this Order,hereby conditionally waives its right to seek judicial imposition of
damages or civil penalties for the violations described above up to the date of the filing of this Order. This waiver
is conditioned upon Respondent's complete compliance with all of the terms of this Order.
19. This Order is a settlement of the Department's civil and administrative authority arising under Florida law
to resolve the matters addressed herein. This Order is not a settlement of any criminal liabilities which may arise
under Florida law,nor is it a settlement of any violation which may be prosecuted criminally or civilly under
Exhibit 1
siass
DW/CO
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DEP vs.Everglades City
Consent Order,OGC No,:13-0853-11 DW
Page 7
federal law. Entry of this Order does not relieve Respondent of the need to comply with applicable federal,state,
or local laws,rules,or ordinances.
20. The Department hereby expressly reserves the right to initiate appropriate legal action to address any
violations of statutes or rules administered by the Department that are not specifically resolved by this Order.
21. Respondent is fully aware that a violation of the terms of this Order may subject Respondent to judicial
imposition of damages,civil penalties up to$10,000.00 per day per violation,and criminal penalties.
22. Respondent acknowledges and waives its right to an administrative hearing pursuant to sections 120.569
and 120.57,F.S.,on the terms of this Order. Respondent also acknowledges and waives its right to appeal the
terms of this Order pursuant to section 120,65,F.S.
23. Electronic signatures or other versions of the parties'signatures,such as_pdf or facsirrmilt,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.
24. The terms and conditions set forth in this Order may be enforced in a court of competent jurisdiction
pursuant to sections 120.69 and 403.121,F,S. Failure to comply with the terms of this Order constitutes a
violation of section 403.161(l)(b),F.S.
25. This Consent Order is a final order of the Department pursuant to section 120.52(7),F.S,,and it is final
and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is
filed in accordance with Chapter 120,F.S. Upon the timely filing of a petition,this Consent Order will not be
effective until further order of the Department.
26. Rules referenced in this Order are available at http:/Iwww.dcp.staic.tl.us/legal/Rules/rulelistnum.htm.
FOR THE RESPONDENT:
!►...r ,_ _ �� –Z7— / 3
Honorable Sammy Hamilton Jr. Date
11-t,tyor
Exhibit 1
DW/CO
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3/8/2016 16.F.4.
DEP vs. Everglades City
Consent Order,OGC No.:13-0853-11-DW
Page 8
DONE AND ORDERED this . ° day of_ A 104 it--,2013,in Lee County,Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
_127_
Jon M.Ig chart
Director of District Management
South District
Filed,on this date,pursuant to section 120.52,F.S.,with the designated Department Clerk,receipt of which is
hereby acknowledged.
_ -. A - 3 /
erk Date
Copies furnished to:
Lea Crandall,Agency Clerk
Mail Station 35
DW_CO(REV.06/09)
Exhibit 1 l
1)W/CO
Packet Page -1004-
Filing # 34811871 E-Filed 11/24/2015 10:04:31 AM 3/8/2016 16.F.4.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDUCIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION,
Petitioner,
vs. Case No.:
EVERGLADES CITY
Respondent.
SUMMONS
TO EACH SHERIFF OF THE STATE:
YOU ARE COMMANDED to serve this summons and a copy of the complaint or petition
in this action on defendant:
EVERGLADES CITY
SAMMY HAMILTON JR.MAYOR OF EVERGLADES CITY
EVERGLADES CITY HALL
102 COPELAND AVENUE NORTH
EVERGLADES CITY, FL 34139
(239) 695-2511
Each defendant is required to serve written defenses to the complaint or petition on
plaintiffs attorney, whose name and address is:
KIRK S. WHITE
Senior Assistant General Counsel
Florida Department of Environmental Protection
3900 Commonwealth Blvd., MS 35
Tallahassee, FL 32399-3000
Tel: (850) 245-2258
Fax: (850) 245-2298
within 20 days after service of this summons on that defendant, exclusive of the day of service, and
to file the original of the defenses with the clerk of this court either before service on plaintiffs
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3/8/2016 16.F.4.
attorney or immediately thereafter. If a defendant fails to do so. a default will be entered against
that defendant for the relief demanded in the complaint or petition.
DATED ON this day of November, 2015.
CLERK OF THE CIRCUIT COURT
BY:
As Deputy Clerk
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact Charles Rice, Administrative Services
Manager, 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, (239) 252-
8800, at least 7 days before your scheduled court appearance, or immediately
upon receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711
2
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rArr.T)a
FLORIDA RURAL WATER ASSOCIATION
' L 2970 Wellington Circle•Tallahassee,FL 32309-6885
Telephone:850-668-2746—Fax:850-893-4581
Wastewater Asset Management Plan
City of Everglades City
PO Box 110
Everglades City, Collier County Florida 34139
Mayor Sammy Hamilton
Ref: Wastewater Asset Management Plan
Mayor Hamilton,
FRWA has been notified by the Clean Water State Revolving Fund(CWSRF) division of the Florida Department
of Environmental Protection(FDEP)that based upon the current wastewater utility rate structure in Everglades
City,the municipality will not qualify for CWSRF assistance. As the wastewater Asset Management Plan is a
requirement of the CWSRF funding program, it is no longer needed by the City, and we have been instructed to
cease work on the Plan.
Troy Cassidy and I appreciate the time you and your staff dedicated to this process, and thank you for your
cooperation. This letter to outlines our findings, and provides information to assist you in addressing the issues
encountered.
When conducting our evaluation of the Utility,numerous issues were found in the plant and the collection system
that directly impact your ability to provide safe wastewater collection and treatment as well as your ability to
comply with State and Federal regulations for the same. We are providing a basic list of issues we identified
while onsite for your information, and want to remind you that FRWA remains available to provide operational
and other assistance to you as a member City. Our findings are outlined below and in the attached evaluation
forms:
Wastewater Treatment Facility:
We recognize the WWTF is near the end of its service life and ultimately needs to be replaced, but until that
time, you are still required to operate in accordance with Florida Administrative Code and FDEP regulations.
With that in mind, a list of issues noted at the plant. and potential regulatory issues are as follows:
During our site visit it was observed that there is a significant lack of maintenance record keeping at the
treatment plant. Several tanks and related equipment have deteriorated to the point of potential failure; including
the aeration basins, clarifiers, and digesters as well as traveling bridge filter in which was out of service. Several
blowers were no longer functioning and the Emergency generator does not appear to be operable. Much of the
noted deterioration appears to be a direct result of a lack of property onsite maintenance.
It was also observed that recordkeeping was very poor. Daily log entries were very minimal as it pertains to •
operational controls, adjustments, and maintenance of the facility. All records were improperly filed in a shipping
box without any regard to organization. The laboratory chemical tracking and inventory does not appear to be
perfot med or documented.
1. The wastewater treatment facility reuse system is not currently operating in compliance with State
standards as required by Florida Department of Environmental Protection Rule 62-610.
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2. Specific subsections within 62-610 should have immediate action are as follows:
62-610.320 (6) Updated Operating Protocol—
The Operating Protocols has not been update nor submitted along with the renewal for permit
application.
Operation and Maintenance Manual.
An operation and maintenance manual or an addition to the treatment plant operation and
maintenance manual or stand-alone instructional booklet,
The reuse/land application system operation and maintenance instructions shall provide the operator
with the Following:
(A) an adequate description and schedule of routine reclaimed water or effluent application
rates and cycles involved with the system;
(B) operation procedures (including any notification and reporting requirements of appropriate
agencies) during adverse climatic conditions and maintenance of equipment;
(C) schedules for harvesting and crop removal; routine maintenance required for the continued
design performance of the system;
(D) ground water monitoring procedures and schedules;
(E) listings of spare parts to have on hand;
(F) and any other information essential to the operation of the system in accordance with the
requirements of this rule.
62-610.320 (5)(a)Operation and Maintenance Requirements for Operating Protocol
The operation and maintenance records are not being documented and needs to be updated and submitted
along with the permit renewal.
1. An operating protocol is a document which describes how a domestic wastewater facility
is to be operated to ensure that only reclaimed water that meets applicable standards is
released to a reuse system.It is a detailed set of instructions for the operators of the
facilities.It may be part of the operation and maintenance manual or it may be a separate
document.
2. The operating protocol shall address the following:
(A)The criteria used to make continuous determinations of the acceptability of the
reclaimed water being produced. This shall include the setpoints for parameters
measured by continuous on-line monitoring equipment.
(B)The physical steps and procedures to be followed by the operator when substandard
water is being produced.
(C)The physical steps and procedures to be followed by the operator when the treatment
facility returns to normal operation and acceptable quality reclaimed water is again
being produced.
(D)Procedures to be followed during a period when an operator is not present at the
treatment facility.
(E)The physical steps and procedures to be followed by the operator when the operator
returns to the treatment facility following an unattended period.
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62-610.460 Treatment and disinfection (3)Filtration
The sand filters were not in operation and are not functioning.
As part of the reuse system filtration must be met to comply with TSS results below 5.0 mg/l. At the
time of the visit the turbidity reading was over a 20.0 NTU,which would equate to well over a 5.0 mg/1
TSS.
Continuous monitoring of turbidity shall be applied to the operating protocols as a means of controlling
operation of treatment facilities to ensure that only acceptable quality reclaimed water is released to the
reuse system or to system storage.
The proposed monitoring equipment,chlorine, PH and turbidity shall be calibrated according to the
requirements.
62.610.463 (1),(2)Monitoring and Reporting
Parts of the treatment system(specifically the sand filters and several blowers) were not in service.
The permittee of any reuse or land application system shall be responsible notification for periods of
inactivation or abandonment of equipment.The permittee shall give the Department written notice at
least 60 days before inactivation or abandonment of a reuse or land application system and shall specify
what steps will be taken to safeguard public health and safety.
3. Cross-connection control program requirements are contained in Chapter 62-555,F.A.C. (c)
As part of the permit application,the reclaim water systems must comply with a cross connection
control plan This plan is developed to ensure that there is no potential for any reclaim water or non
drinking water wells to connect with the drinking water distribution system.
4. FAC 62-600.405 Capacity and Analysis Report has not been updated and submitted.
Specific subsections within 62-610 that immediate actions should be taken are as follows
62-610.320 (6) Updated Operating Protocol—
The Operating Protocols has not been update nor submitted along with the renewal for permit
application.
Operation and Maintenance Manual.
An operation and maintenance manual or an addition to the treatment plant operation and
maintenance manual or stand-alone instructional booklet,
The reuse/land application system operation and maintenance instructions shall provide the operator
with the Following:
(G) an adequate description and schedule of routine reclaimed water or effluent application
rates and cycles involved with the system;
(H) operation procedures(including any notification and reporting requirements of appropriate
agencies) during adverse climatic conditions and maintenance of equipment;
(I) schedules for harvesting and crop removal;routine maintenance required for the continued
design performance of the system;
(J) ground water monitoring procedures and schedules;
(K) listings of spare parts to have on hand;
(L) and any other information essential to the operation of the system in accordance with the
requirements of this rule.
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62-610.320 (5) (a)Operation and Maintenance Requirements for Operating Protocol
The operation and maintenance records are not being documented and needs to be updated and
submitted along with the permit renewal.
3. An operating protocol is a document which describes how a domestic wastewater facility is to
be operated to ensure that only reclaimed water that meets applicable standards is released to a
reuse system. It is a detailed set of instructions for the operators of the facilities. It may be part
of the operation and maintenance manual or it may be a separate document.
4. The operating protocol shall address the following:
(A) The criteria used to make continuous determinations of the acceptability of the
reclaimed water being produced. This shall include the setpoints for parameters
measured by continuous on-line monitoring equipment.
(B) The physical steps and procedures to be followed by the operator when substandard
water is being produced.
(C) The physical steps and procedures to be followed by the operator when the treatment
facility returns to normal operation and acceptable quality reclaimed water is again
being produced.
(D) Procedures to be followed during a period when an operator is not present at the
treatment facility.
(E) The physical steps and procedures to be followed by the operator when the operator
returns to the treatment facility following an unattended period.
62-610.460 Treatment and disinfection (3) Filtration
The sand filters were not in operation and are not functioning.
As part of the reuse system filtration must be met to comply with TSS results below 5.0 mg/1. At
the time of the visit the turbidity reading was over a 20.0 NTU,which would equate to well over a
5.0 mg/1 TSS.
Continuous monitoring of turbidity shall be applied to the operating protocols as a means of
controlling operation of treatment facilities to ensure that only acceptable quality reclaimed water is
released to the reuse system or to system storage.
The proposed monitoring equipment.chlorine,PH and turbidity shall be calibrated according to the
requirements.
62.610.463 (1),(2) Monitoring and Reporting
Parts of the treatment system specifically the sand filters and several blowers were not in service.
The permittee of any reuse or land application system shall be responsible notification for periods
of inactivation or abandonment of equipment. The permittee shall give the Department written
notice at least 60 days before inactivation or abandonment of a reuse or land application system and
shall specify what steps will be taken to safeguard public health and safety.
5. Cross-connection control program requirements are contained in Chapter 62-555,F.A.C. (c)
As part of the permit application,the reclaim water systems must comply with a cross
connection control plan .This plan is developed to ensure that there is no potential for any
reclaim water or non drinking water wells to connect with the drinking water distribution system.
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6. FAC 62-600.405 Capacity and Analysis Report has not been updated and submitted.
Wastewater Collection System:
There appears to be minimal gravity sewer in the collection system and our analysis of onsite manholes showed
them to be in relatively good condition. Analysis of the actual gravity mains should be conducted via televising
and smoke testing,but relatively little infiltration or inflow was noted during the evaluation of the gravity
manholes.
The collection system evaluation indicated that the majority of the lift stations in the city,with the exception of
the following, are operating with only one functional pump or only one pump in actually place:
• Everglades Isle (Both stations with two functional pumps)
• Seaboard Villas
• Barron Station
• The Elementary School
• Lake Cypress
FDEP regulations require that all lift stations have a minimum of two (2) operable pumps to provide redundant
service should one pump fail. Not addressing this situation could eventually result in additional FDEP
compliance action. A detailed analysis of each lift station in the city is included in the attached evaluation forms
with specific information on missing or failed pumps and other issues that may need to be addressed.
A list of stations with major issues other than failed or missing pumps is included below as these facilities have
the potential for, or evidence of, Sanitary Sewer Overflow(SSO) events:
1. The Chokoloskee Island Master Lift station was out of service,with all power tripped to the control
panel. It is our understanding from discussions with field personnel that this is not an unusual
occurrence. With no power to the control panel to activate the high water alarm,the station was
overflowing directly to the adjacent waterway,resulting in a Sanitary Sewer Overflow event(SSO). We
informed your personnel that this event must be reported to the FDEP and appropriate remediation
actions be taken in accordance with FDEP regulations.
When power was restored and the station pumps exercised, it was found that one pump is out of service.
The second pump needs to be pulled,repaired, and returned to service as soon as possible. FRWA
recommends the control panel for the station be repaired at the earliest opportunity, as failure of the
station results in direct introduction of sewage into the environment in violation of State Law.
We also recommend stairs or a ladder and platform be installed to provide access to the control panel as
it is elevated for flood protection and is too high to be accessed from the ground.
2. The Estuary North Lift Station invert does not appear to be properly sealed into the wetwell and shows
evidence of groundwater infiltration. The invert should be sealed, and any sand/soils should be cleaned
from the bottom of the wetwell. Pump No. 2 was out of service.
3. The Partners Cove Lift Station pump discharge is leaking between the wetwell and the valve pit. The
surrounding ground is saturated with raw sewage and the ground is beginning to subside. This potential
SSO situation should be addressed immediately. Additionally,there is no Pump No. 2 installed in the
station.
All lift station and manhole evaluation forms prepared from our onsite evaluation are attached to this letter to
assist in addressing the issues identified. We recommend your office review these forms and address the
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deficiencies noted as soon as possible to ensure the safe operation of your wastewater treatment and collection
system.
Please let us know if any of the documentation we received from the City is original and needs to be returned.
We will retain all other information in our files should the situation change regarding potential CWSRF funding,
and will look forward to the opportunity to work with you in the future.
We appreciate the time you and your staff dedicated to assist us in this process, and as previously mentioned,
FRWA is committed to assisting our members wherever possible.
Sincerely,
Williiam F. Archebelle
FRWA Fiscal Sustainability Analyst
w/attachments
c.c.Tim Banks,P.E., CWSRF
John Sowersby,CWSRF
Gary Williams,FRWA
Troy Cassidy,FRWA
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