Loading...
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