City of Naples Easement (w/Interlocal)
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PROJECT: Freedom Park (aka Gordon River Water Quality Park)
PARCEL No(s):
FOLIO No(s): 13800022000
INTERLOCAL AGREEMENT TO CONSTRUCT AN
AQUIFER STORAGE AND RECOVERY (ASR) TEST WELL
AND TO CONVEY A TEMPORARY EASEMENT
THIS Interlocal Agreement to Construct An Aquifer Storage and Recovery Test
Well and to Convey a Temporary Easement (hereinafter rf1:red to as the
"Agreement") is made and entered into on this 10 day of U ,~008, by and
between the CITY OF NAPLES, whose mailing address is 380 Riverside Circle, Naples,
FL 34102, (hereinafter referred to as "City"), and COLLIER COUNTY, a political
subdivision of the State of Florida (hereinafter referred to as "County"), whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112.
WHEREAS, City requires a Temporary Easement for the Freedom Park over,
under, upon and across the lands described in Exhibit "A", which is attached hereto and
made a part of this Agreement (hereinafter referred to as the "Easement"); and
WHEREAS, County desires to convey the Easement to the City for the following
stated purposes, on the terms and conditions set forth herein; and
WHEREAS, City has agreed to hire a contractor to construct one, (1), Class V,
Group 7, Aquifer Storage and Recovery Test Well the Freedom Park at no cost to the
County (the "ASR Test Well"); and
WHEREAS, City will provide Construction, Engineering and Inspection services
through out the construction of the ASR Test Well and associated facilities; and
WHEREAS, City will provide a schedule and progress reports on the construction
of the ASR Test Well to the County; and
WHEREAS, County is the permittee for the ASR well; and
WHEREAS, City will be responsible to adhere to the permit requirements and
conditions stated in the Department of Environmental Protection permit number
262487-001-UC/5X (See Exhibit "8," attached); and
WHEREAS, County and City have determined and mutually agree that it is
economically advantageous and in the best interest of the public to consummate this
Agreement.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
County and City agree to do all things which may be required to give effect to this
Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
County agrees, represents and warrants the following:
(a) County has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and
OR: 4377 PG: 3963
to perform all tasks required of County hereunder and to consummate the
transaction contemplated hereby.
(b) No party or person other than City has any right or option to acquire the
Easement or any portion thereof.
(c) The property underlying the Easement, and all uses of the said property,
have been and presently are in compliance with all Federal, State and
Local environmental laws; that no hazardous substances have been
generated, stored, treated or transferred on the property underlying the
Easement except as specifically disclosed to the City; that the County has
no knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the Easement to be granted to the City,
that the County has not received notice and otherwise has no knowledge
of: a) any spill on the property underlying the Easement; b) any existing
or threatened environmental lien against the property underlying the
Easement; or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances
on the property underlying the Easement.
(d) County shall not be responsible for, nor shall County dictate upon City
construction means, methods, techniques, skills, sequences or
procedures of construction relating to the ASR Project. The
aforementioned responsibilities during construction shall remain with the
City and or its contractor and/or the contractor's subcontractors.
4. County agrees to grant the Easement for the purpose of constructing one, (1),
Class V, Group 7, Aquifer Storage and Recovery (ASR) Test Well at the
Freedom Park an easement for access. This Easement shall expire upon thirty
(30) days after final completion of the Test Well unless the parties mutually
agree to extend that period through a separate written document amending this
Agreement.
5. City agrees, represents and warrants the following:
(a) City shall coordinate and confer with the County, environmental agencies
and other similarly situated parties as necessary throughout the
construction of the ASR Test Well.
(b) City shall put the ASR Test Well project out to bid in accordance with
Florida law, hire and remit payment to a contractor to construct the ASR
Test Well and oversee the construction of the ASR Test Well in close
coordination with County staff.
(c) City will provide a schedule and progress reports to the County upon the
commencement of construction of the ASR Test Well through its
conclusion. City agrees to regularly communicate with the County and
respond to inquiries regarding the ongoing project within a reasonable
period of time during the construction period.
(d) Upon completion of the construction of the ASR Test well, including all
work authorized under any change orders and supplemental agreements,
City shall conduct a final inspection of the work, which final inspection
shall include the County's designated agenUrepresentative, prior to City's
issuing a final payment to its contractor.
(e) All contracts entered into by City for the construction of the ASR Test Well
shall require the party contracting with City to save harmless, indemnify
and defend County and its agents, officers and employees from any and
all claims, losses, penalties, demands, judgments, and costs of suit,
including attorney's fees, or any expense, damage or liability incurred by
any of them, whether for personal injury, property damage, direct or
2
OR: 4377 PG: 3964
consequential damages or economic loss, arising directly or indirectly on
account of or in connection with the work done by City's contractor
pertaining to the construction of the ASR Test Well or by any person, firm
or corporation to whom any portion of the ASR Test Well is subcontracted
by City's contractor.
(f) City shall be solely responsible for all costs directly and indirectly
associated with all design, construction and contract administration
services to be performed in connection with the ASR Project.
(g) City shall provide County with all State directives and communications
received during the construction of the ASR Test Well and provide two (2)
sets of the approved construction plans and executed contract documents
for the ASR Test Well project prior to commencement of construction
activities by the City's contractor.
(h) City's contractors shall maintain insurance in the following amounts:
(i) $1,000.000.00 in pollution liability coverage;
(ii) $1,000,000.00 in employer's liability coverage;
(iii) $1 ,000,000.00 in general liability coverage;
(iv) $500,000.00 in automobile liability coverage; and
(v) Statutory minimum for workers' compensation coverage.
In addition, the City's contractors shall add the County as an additional
insured on its general liability insurance policy.
6. City and County mutual agree and represent:
(a) City shall match any grant funding for the ASR Test Well project received
from the South Florida Water Management District, Big Cypress Basin, up to
the amount of $561,000.
(b) If after construction of the ASR Test Well the Parties mutually agree that
the test well failed to result in a successful production of water resources, the
project between the Parties shall be concluded and shall terminate as
provided in paragraph seven (7), infra.
(c) If after construction of the ASR Test Well the Parties mutually agree that
the test well resulted in a successful production of water resources and the
County decides that it wishes to proceed with a further phase of the project
by pursuing the construction of an Aquifer Storage and Recovery Well
System, the Parties agree to cooperate and enter into negotiations to discuss
the possibility of future contributions to develop the ASR Test Well, as well
as, a sharing of a percentage of the volume of water emitted from a fully
developed ASR Well System.
7. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits and shall terminate upon the
completion of services and responsibilities mutually performed by City and
County to the written satisfaction of each other.
8. Whenever necessary, the Parties shall cooperate to fulfill their respective
obligations under this Agreement.
3
OR: 4377 PG: 3965
9. This Agreement shall only be amended or cancelled by mutual written consent of
the parties hereto or by their successors in interest.
10. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity.
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
ATTEST:
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Approved as to form and
legal sufficiency:
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DWIGHT ~'BROCKl d@[k
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BOARD OF COUNTY COMMISSIONERS
COLLIER C NTY, F. RIDA
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Approved as to form and
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Collier County Attorney
4
Agenda Item No. 1681
June 10, 2008
Page 5 of 23
Exhibit A
Freedom Park (aka Gordon River Water
Quality Park)
Legal Description
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ALL THOSE PORTIONS OF LOT 9, 10 AND 11, NAPLES IMPROVEMENT
COMPANY LITTLE FARMS SUBDIVISION, ACCORDING TO THE PLAT
THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, IN PLAT BOOK 2, PAGE 2, LYING NORTH OF THE RIGHT OF WAY
GRANTED IN O.R. BOOK 876, PAGE 1716, AND NORTH OF THE RIGHT OF
WAY GRANTED IN O.R. BOOK 2053, PAGE 1671, AND NORTH OF THE RIGHT
OF WAY GRANTED IN OR BOOK 2053, PAGE 1687, LESS THE WEST 20 FEET
THEREOF. (PARCELS 18A AND 18B).
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Exhibit B
Agenda Item No. 1681
€tw,wIlt9(jj(/Qa
P~3tMRfJ;3
Florida Department of
Environmental Protection
Jeff Kottkamp
Lt. Governor
Michael W.
Sole
Secretary
BY ELECTRONIC MAIL:
May 6, 2008
In the Matter of an
Application for Permit by:
Mr. Eugene Calvert, Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Collier County - UIC
File Number: 262487-001-UC/5X
Class Y Group 7 Aquifer Storage and Recovery
Injection Well
Post-Wetland Treated Stormwater Storage and Recovery
Naples, Florida 34104
Email: eugenecalvertlalcolliergov.net
NOTICE OF PERMIT
Enclosed is Permit Number 262487-001-UC/5X to construct one, (I), Class Y, Group 7, Mid or Lower Hawthorn
Aquifer Storage and Recovery (ASR) injection well with two (2) storage zone (Mid or Lower Hawthorn Aquifer
System) monitoring wells and one,(I), shallow zone monitor well, (Lower Tamiami/Sandstone Aquifer or Mid
Hawthorn Aquifer), utilizing either Option "A" or Option "B". The proposed well construction consists of either
an Option "A" Mid Hawthorn Aquifer System sixteen-inch, (16"), nominal inside diameter, (!D) ,cemented PYC
casing with an open injection interval of 270 feet bls to approximately 400 feet bls, or an Option "B" Lower
Hawthorn Aquifer System sixteen-inch,(l6"), nominal !D, cemented PVC casing, injection and recovery well
with an open injection interval of 600 feet bls to approximately 700 feet bls, and three monitor wells. The
monitoring system will consist of six-inch, (6"), !D, PYC, monitor wells constructed to monitor either the Option
"A" Mid Hawthorn Aquifer System at open hole intervals of approximately 130 to 160 feet below land surface,
(BLS), and from 270 feet bls to approximately 400 feet bls. Option "B" Lower Hawthorn Aquifer System
monitor wells are generally designed to monitor the open hole intervals of 350 feet bls to 400 feet bls and from
600 feet bls to 700 feet bls.
The purpose is to store, in either the Mid or Lower Hawthorn aquifer systems, wetland pre-treated and disinfected
stormwater runoff from the Gordon River Water Quality Park Wetland Treatment System to meet the seasonal
wetland hydro-period demands of the wetland treatment system. The ASR well is designed to inject at a
maximum of I MGD (million gallons per day) as issued pursuant to Section(s) 403.087, Florida Statutes.
Any party to this Order (permit) has the right to seek judicial review of the permit pursuant to Section 120.68,
Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate
Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth
Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of appeal
accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of
Appeal must be filed within 30 days from the date this Notice is filed with the Clerk of the Department.
Page I of2
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Executed in Lee County, Florida.
Agenda Item No. 1681
June 10, 2008
Page 7 of 23
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
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Jon M. Iglehart
Director of District Management
CERTIFICATE OF SERVICE
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The undersigned duly designated deputy clerk hereby certifies that this NOTICE OF PERMIT and all copies
were mailed before the close of business on May 6, 2008 to the listed persons.
Clerk Stamp
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated Department Clerk, receipt
of which is hereby acknowledged.
/ ,j;J
J/711!w.. It (C{.f/1iW~
5-6-08
Clerk
Date
JMllDRlmc
Enclosures
cc Tom J. Helgeson, P.E. (tom.hel~eson@ch2m.com)
Nancy Marsh, EPA (marsh.nancv(a)eoa.gov)
Craig Boomgaard, SWFWMD (cboomgaa(a)sfwmd.gov)
Joe Haberfeld, FDEP (ioe.haberfeld(a)deo.state.fl.us)
John Powers, P.G., (John.Powers(a)CH2M.com)
Margaret Bishop, (margaretbishoo@colliergov.net)
Page 2 of2
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Agenda Item No. 1681
June 10, 2008
C lTooll>itQfi ~
Govcrnor
Florida Department of
Environmental Protection
Jeff Kottkamp
Lt. Governor
Michael W.
Sole
Secretary
BY EU,CTRONIC MAIL:
-
PERMIT
PERMITTEE:
Mr. Eugene Calvert, Director
Collier County Road Maintenance & Storm water
2885 S Horseshoe Dr.
Naples, Florida 34104
Email: eugenecalvert@.colliergov.net
Collier County UIC
Permit/Cert. No: 262487-00] -UC/5X
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
Latitude: 26.0052.0' 28.60" N
Longitude: - 82.00 18.0' 33.50" W
Class Y Group 7 Aquifer Storage and Recovery
Injection Well
Post-Wetland Treated Stormwater Storage and
Recovery
This permit is issued under the provisions of Chapter 403 of the Florida Statutes (F.S.) and rules 62-4, 62-520,
62-528, and 62-550 of the Florida Administrative Code. The above named permittee is hereby authorized to
perform the work or operate the facility shown on the application and approved drawing(s), plans, and other
documents, attached hereto or on file with the Department and made a part hereof and specifically described as
follows:
Construct one, (I), Class Y, Group 7, Mid or Lower Hawthorn Aquifer Storage and Recovery (ASR) injection
well with two (2) storage zone (Mid or Lower Hawthorn Aquifer System) monitoring wells and one,( I), shallow
zone monitor well, (Lower TamiamilSandstone Aquifer or Mid Hawthorn Aquifer), utilizing either Option "A" or
"B" as outlined within the application documents on Exhibit 3, "Generalized Construction Details", of the May 3,
2006 submittal. The proposed well construction consists of either an Option "A" Mid Hawthorn Aquifer System
sixteen-inch, (16"), nominal inside diameter, (ID),cemented PYC casing with an open injection interval of 270
feet bls to approximately 400 feet bls, or an Option "B" Lower Hawthorn Aquifer System sixteen-inch,(I6"),
nominallD, cemented PYC casing, injection and recovery well with an open injection interval of 600 feet bls to
approximately 700 feet bls, and three monitor wells. The monitoring system will consist of six-inch, (6"), ID,
PYC, monitor wells constructed to monitor either the Option "A" Mid Hawthorn Aquifer System at open hole
intervals of approximately 130 to 160 feet below land surface, (BLS), and from 270 feet bls to approximately 400
feet bls. Option "B" Lower Hawthorn Aquifer System monitor wells are generally designed to monitor the open
hole intervals of 350 feet bls to 400 feet bls and from 600 feet bls to 700 feet bls.
The purpose is to store, in either the Mid or Lower Hawthorn aquifer systems, wetland pre-treated and disinfected
stormwater runoff from the Gordon River Water Quality Park Wetland Treatment System to meet the seasonal
wetland hydro-period demands of the wetland treatment system. The ASR well is designed to inject at a
maximum of] MGD (million gallons per day). This project is depicted on the Class Y Group 7 Aquifer Storage
and Recovery Injection Well application and associated documents submitted in support of the application. The
location for this project is the Gordon River Water Quality Park, Naples, Florida 34104.
Subject to Specific Conditions 1-17.
Page] of]2
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Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. 1681
June 10. 2008
Permit/Certification Number: 262487-001-UC~Xge 9 of 23
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
1. General Criteria:
a. The terms, conditions, requirements, limitations and restrictions set forth in this permit are "permit
conditions" and are binding and enforceable pursuant to section 403.141, F.S.
b. This permit is valid only for the specific processes and operations applied for and indicated in the
approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits,
specifications, or conditions of this permit may constitute grounds for revocation and enforcement
action.
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c. As provided in subsection 403.087(7), F.S., the issuance of this permit does not convey any vested
rights or exclusive privileges. Neither does it authorize any injury to public or private property or any
invasion of personal rights, nor infringement of federal, state, or local laws or regulations. This permit
is not a waiver of or approval of any other Department permit that may be required for other aspects of
the total project which are not addressed in this permit.
d. This permit conveys no title to land, water, does not constitute State recognition or acknowledgment
of title, and does not constitute authority for the use of submerged lands unless herein provided and the
necessary title or leasehold interests have been obtained from the State. Only the Trustees of the
Internal Improvement Trust Fund may express State opinion as to title.
e. This permit does not relieve the permittee from liability for harm to human health or welfare, animal,
or plant life, or property caused by the construction or operation of this permitted source, or from
penalties therefrom; nor does it allow the permittee to cause pollution in contravention of Florida
Statutes and Department rules, unless specifically authorized by an order from the Department.
f. The permittee shall properly operate and maintain the facility and systems of treatment and control
(and related appurtenances) that are installed and used by the permittee to achieve compliance with the
conditions of this permit, or are required by Department rules. This provision includes the operation of
backup or auxiliary facilities or similar systems when necessary to achieve compliance with the
conditions of the permit and when required by Department rules.
g. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel,
upon presentation of credentials or other documents as may be required by law and at reasonable
times, access to the premises where the permitted activity is located or conducted to:
(I) Have access to and copy any records that must be kept under conditions of this permit;
(2) Inspect the facility, equipment, practices, or operations regulated or required under this permit;
and
(3) Sample or monitor any substances or parameters at any location reasonably necessary to assure
compliance with this permit or Department rules.
(4) Reasonable time will depend on the nature of the concern being investigated.
Page 2 of 12
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Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. 1681
June 10, 2008 .
Permit/Certification Number: 262487-00l-UeJi'lilj:e 10 of 23
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
h. If, for any reason, the permittee does not comply with or will be unable to comply with any condition
or limitation specified in this permit, the permittee should immediately provide the Department with
the following information:
(1) A description of and cause of noncompliance; and
(2) The period of noncompliance, including dates and times; or, if not corrected the anticipated time
the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent
the recurrence of the noncompliance. The permittee shall be responsible for any and all damages
that may result and may be subject to enforcement action by the Department for penalties or for
revocation of this permit.
1. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data
and other information relating to the construction or operation of this permitted source which are
submitted to the Department may be used by the Department as evidence in any enforcement case
involving the permitted source arising under the Florida Statutes or Department rules, except where
such use is proscribed by sections 403.111 and 403.73, F.S. Such evidence shall only be used to the
extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules.
j. The permittee agrees to comply with changes in Department rules and Florida Statutes after a
reasonable time for compliance; provided, however, the permittee does not waive any other rights
granted by Florida Statutes or Department rules.
k. This permit is transferable only upon Department approval in accordance with rules 62-4.120 and 62-
528.350, F.A.C. The permittee shall be liable for any non-compliance of the permitted activity until
the transfer is approved by the Department.
1. This permit or a copy thereof shall be kept at the work site of the permitted activity.
m. The permittee shall comply with the following;
(I) Upon request, the permittee shall furnish all records and plans required under Department rules.
During enforcement actions, the retention period for all records shall be extended automatically
unless the Department determines that the records are no longer required.
(2) The permittee shall hold at the facility or other location designated by this permit records of all
monitoring information (including calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation) required by the permit, copies of all reports
required by this permit, and records of all data used to completc the application for this permit.
These materials shall be retained at least three years from the date of the sample, measurement,
report, or application unless otherwise specified by Department rule.
(3) Records of monitoring information shall include:
(a) the date, exact place, and time of sampling or measurements;
(b) the person responsible for performing the sampling or measurements;
Page 3 of 12
Mr. Eugene Calvert,
Director
ColJier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. 16i
June 10, 20
Permit/Certification Number: 262487-001-UCPS~e 11 of ~~
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
(c) the dates analyses were performed;
(d) the person responsible for performing the analyses;
(e) the analytical techniques or methods used;
(f) the results of such analyses.
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(4) The permittee shall furnish to the Department, within the time requested in writing, any
information which the Department requests to determine whether cause exists for modifying,
revoking and reissuing, or terminating this permit, or to determinc compliance with this permit.
(5) If the permittee becomes aware that relevant facts were not submitted or were incorrect in the
permit application or in any report to the Department, such facts or information shall be corrected
promptly.
All applications, reports, or information required by the Department shall be certified as being true,
accurate, and complete
Reports of compliance or noncompliance with, or any progress reports on, requirements contained in
any compliance schedule of this permit shall be submitted no later than 14 days following each
scheduled date
p. Any permit noncompliance constitutes a violation of the Safe Drinking Water Act and is grounds for
enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of
a permit renewal application
q. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to
halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit
r. The permittee shall take all reasonable steps to minimize or correct any adverse impact on the
environment resulting from noncompliance with this permit.
s. This permit may be modified, revoked and reissued, or terminated for cause, as provided in 40 C.F.R.
sections 144.39(a), 144.40(a), and 144.41 (1998). The filing ofa request by the permittee for a permit
modification, revocation or reissuance, or termination, or a notitication of planned changes or
anticipated noncompliance, does not stay any permit condition
t. The permittee shall retain all records of all monitoring information concerning the nature and
composition of injected fluid until five years after completion of any plugging and abandonment
procedures specified under rule 62-528.435, F.A.C. The permittee shall deliver the records to the
Department office that issued the permit at the conclusion of the retention period unless the permittee
elects to continue retention of the records.
u. The permittee shall notify the Department as soon as possible of any planned physical alterations or
additions to the permitted facility. In addition, prior approval is required for activities described in rule
62-528.410(1 )(h).
Page 4 of 12
Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Storm water
2885 S Horseshoe Dr.
Agenda Item No. 168
June 10, 200_
Permit/Certification Number: 262487-00 I-Um~!Il:e 12 of 2~
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
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x.
v. The permittee shall give advance notice to the Department of any planned changes in the permitted
facility or injection activity that may result in noncompliance with permit requirements.
w. The permittee shall report any noncompliance which may endanger health or the environment
including:
(I) Any monitoring or other information which indicates that any contaminant may cause an
endangerment to an underground source of drinking water; or
(2) Any noncompliance with a permit condition or malfunction of the injection system that may cause
fluid migration into or between underground sources of drinking water.
(3) Any information shall be provided orally within 24 hours from the time the permittee becomes
aware of the circumstances. A written submission shall also be provided within 5 days of the time
the permittee becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance and its cause, the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and the steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
Proper operation and maintenance includes effective performance, adequate funding, adequate
operator staffing and training, and adequate laboratory and process controls, including appropriate
quality assurance procedures.
y. No underground injection is allowed that causes or allows movement of fluid into an underground
source of drinking water if such fluid movement may cause a violation of any primary drinking water
standard or may otherwise adversely affect the health of persons.
2. Silmatories and Certification Requirements.
a. All reports and other submittals required to comply with this permit shall be signed by a person
authorized under Rules 62-528.340(1) or (2), F.A.C.
In accordance with Rule 62-528.340(4), F.A.C., all reports shall contain the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based upon my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations."
3. Drawings, plans, documents or specifications submitted by the Permittee, not attached hereto, but retained on
file at the South Florida District Office, are made a part hereof. Any changes, except as provided elsewhere
in this permit, must be approved by the Department before implementation.
Page 5 of 12
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7.
Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. 168',
June 10, 2008
Permit/Certification Number: 262487-00l-UClt!l~e 13 of 23
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
4. The injection and monitor wells at the site shall be abandoned when posing a potential threat to the quality of
the waters ofthe State. In the event a well must be plugged or abandoned, the permittee shall obtain a permit
from the Department as required by Chapter 62-528, F.A.C. The permittee shall notify the Department and
obtain approval prior to any well work or modification.
5. The permittee shall notify the Department in the event that any of the conditions of the permit cannot be met,
including an emergency discharge, due to breakdown of equipment, power outages or damages by hazard of
fires, wind or other causes in accordance with the following:
a. Notification shall be made in person, email, or by telephone within 24 hours of the event.
b. A written report shall be submitted within 5 days which describes the nature and cause of the breakdown
or malfunction, the steps being taken to correct the problem and prevent its recurrence, emergency
procedures in use pending correction of the problem and the time when the facility will again be operating
in compliance with permit conditions.
Prior to the commencement of any work, the name of the Florida-registered driller(s) supervising the drilling
operations and the driller's registration number shall be submitted to the Department. The permittee or the
engineer of record shall provide the Department with copies of all required federal, state or local permits prior
to spudding the wells.
The permittee shall retain the engineer of record or obtain the services of any professional engineer registered
in the State of Florida for the inspection of the construction of this project. Upon completion the engineer
shall inspect for conformity to construction permit applications and associated documents. The Department
shall be notified immediately of any change of engineer.
8. The specifications for a temporary containment structure around the borehole during the drilling of the ASR
well and storage zone monitor wells shall be submitted to and approved by the Department prior to those
wells being constructed.
9. Pumping fluids other than the pre-treated and disinfected stormwater runoff from the Gordon River Water
Quality Park Wetland Treatment System into the injection well will constitute a violation of this permit and
shall constitute cause for revocation.
10. Operational Testinl!
a. Prior to operational testing:
(1) The permittee shall submit the following information to each member of the TAC:
(a) A draft well completion report with certification of well construction completion by the
Professional Engineer of Record;
(b) Geophysical logs;
(c) Water Quality data;
(d) Mechanical integrity test data;
Page 6 of 12
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Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. 16f
June 10, 20G8'
Permit/Certification Number: 262487-001-UClIll~e 14 of 23
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
(e) Confining zone data;
(I) Natural background ground water quality samples shall be obtained from the ASR test well and
each monitor well for primary and secondary standards (Chapter 62-550.310 and .320, F.A.C.),
excluding dioxin, asbestos, acrylamide and epichlorohydrin. The analysis shall also include
dissolved oxygen, total uranium, total iron, total and fecal coliform, E. coli, enterococci, Giardia
and Cryptosporidium. "Natural background" means the condition of waters in the absence of
man-induced alterations based on the best scientific information available to the Department
(Rule 62-520.200(12), F.A.C.). The samples shall be taken after final completion and clearance
of drilling fluids from each well, and prior to the initiation of any injection tests.
(g) Source Water Fluid Analvsis
a. Wetland Pre-treated Stormwater
(1) Prior to injection, the Wetland Pre-treated Stormwater analyses shall include:
(A) Primary and Secondary drinking water standards established in Chapter 62-550, Part
III, F.A.C., (excluding asbestos, acrylamide, epichlorohydrin, and dioxin);
(B) Giardia lamblia and cryptosporidium, fecal coliform, E. coli, and enterococci;
ammonia, total Kjeldahl nitrogen (TKN), total nitrogen, total phosphorus,
orthophosphate, dissolved oxygen, and total uranium.
(2) Six evenly spaced samples shall be collected during the wet season portion of a one year
period shall be taken from the combined wetland pre-treatment source waters at the pump
station. The sample results shall be completed and submitted to the Department prior to
operational (cycle) testing.
(3) One sample from the combined wetland pre-treated source waters shall be taken annually
for all parameters listed in specific condition 1O.a.(I) (g) a.(1) above. The permittee shall
submit the results of sourcc water analysis to the Department no later than the last day of
the month immediately following the month of record. The results shall be submitted to
.the Department of Environmental Protection, P.O. Box 2549, Fort Myers, FL 33902-
2549. A copy of the reports shall also be sent to the Department of Environmental
Protection, Underground Injection Control Program, Mail Station 3530, 2600 Blair Stone
Road, Tallahassee, FL 32399-2400.
The source water analysis may be submitted in digital (i.e. ,electronic) format-via direct
Internet electronic mail (e-mail); CD ROM, or utilizing a 3.5" diskette. The file format to
be utilized should be in Excel™ format or comma delimited text (a.k.a. "CSY"). Data
files shall be electronically mailed via the internet simultaneously to both of the
following addresses: david.rhodes@dep.state.fl.us and ioe.haberfeld@dep.state.fl.us.
The signatory pages, the laboratory data sheets and diskettes shall still be mai led to the
Department pursuant to the previous paragraph.
(h) As-built well construction specifications
Page 7 of 12
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Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. '100 I
June 10, 2008
Permit/Certification Number: 262487-001-UCJi'li~e 15 of 23
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
(i) Other data obtained during well construction
Gl Option "A" - The permittee shall provide an updated well inventory and physically verify all
wells deeper than 100 feet below land surface that are within a 0.50-mile radius of the ASR test
well. Operational status, existing use, depth of final casing, and total depth of the well shall be
determined and submitted with the above-mentioned information.
(k) Option "8" - The permittee shall provide an updated well inventory and physically verify all
wells deeper than 300 feet below land surface that are within a 0.50-mile radius of the ASR test
well. Operational status, existing use, depth of final casing, and total depth of the well shall be
determined and submitted with the above-mentioned information.
(I) An updated cycle testing plan shall be submitted to and approved by the Department prior to
authorizing operational testing. A preliminary plan was presented in the May 3, 2006 letter from
CH2M Hill to the Department.
b. Written authorization shall be obtained from the Department prior to cycle testing or operational testing.
c. Operational Testing Conditions - ASR Well
Specifications for proposed Class Y Injection Well
Well Number Casing Diameter (ID) ~nd C!lsedand 'JQtl\IDeptlts Open HQle (bls)
Tvne (bls)
ASR - l(Option"A") 16" ID Sch 40 PYC 270' /400' 270' -400'
Well Number Gl1si/lgDlameter (ID) Cased and TQtll1 Depths open~()le(!Ils)
(bls)
ASR- I (Option"8") 16" ID Sch 40 PYC 600' /700' 600' -700'
The injection well system shall be monitored in accordance with rule 62-528.615, F.A.C. The following
injection well performance data shall be recorded and reported from the injection well instrumentation in
the Monthly Operating Report as indicated below during each recharge and recovery cycle. Samples and
measurements taken for the purpose of monitoring shall be representative of the monitored activity.
Rlo\pQrtinl! '. < ..
Parailleter '. ... Frequency ..
Maximum Injection Pressure (osi) Daily/Monthly
Minimum Injection Pressure (osO Dailv/Monthly
Average Iniection Pressure (osi) Monthlv
"
Maximum Flow Rate Daily/Monthly
Minimum Flow Rate Daily/Monthly
A verage Flow Rate Monthly
Total Volume Recharged (Gals) Dailv/Monthly
Total Volume Recovered (Gals) Dailv/Monthly
Net Storage (MG) - Monthly
Page 8 of 12
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Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. 1btll
June 10, 2008
Permit/Certification Number: 262487-00 l-U<Ji'!~e 16 of 23
Date of Issue: May 6, 2008
Expiration Date: May S, 2013
County: Collier
SPECIFIC CONDITIONS:
Water Parameters Samnlinll Freaue1i.c'oI "
Gross Alpha (pC ilL) '(see below)
Crvptosporidium and Giardia lamblia Monthlv Ilniectate onlv\
E. coli and Enterococci Monthlv (Iniectate onlv)
Total Trihalomethanes (mg/L) Weeklv
Dissolved Oxv~en (m~/L) Weeklv
Total Iron (mg/L) Weeklv
Arsenic (u~/L) Weekly"~
Total Dissolved Solids (m~/L) Weeklv
Specific Conductivity (umhos/cm) Weeklv
Total Alkalinity (m~/L) Weeklv
pH (SU) Weeklv
Chloride (m~/L) Week Iv
Sulfate (mg/L) Week Iv
Field Temperature ('C) Week Iv
Color (color units) Week Iv
Odor (TON) Weeklv
Fecal Coliform (# per 100 ml) Weeklv
Total Coliform (# per 100 ml) W eekl v
Oxidation-Reduction Potential W eekl v
Primary and Secondary Drinking Water Standards (Injectate, Annually***
(Recharge), Water Only)
*Beginning of recharge cycle and the beginning and end of each recovery cycle.
* *Twice weekly during recovery; once weekly during injection.
***Plus !!iardia lamblia, crvotosnoridium oarvum, dissolved oxygen, total iron, total uranium, ammonia, total Kjeldahl
nitrogen (TKN), total nitrogen, total phosphorus, orthophosphate fecal coliform, E. coli, and enteroccoci (asbestos,
acrylamide, epichlorohydrin, and dioxin are excluded).
d. Operational Testing Conditions - Monitor Well System Monitor Wells
o "A"
,phon
WellNumb~r Casingpiall\et~r D'I1Ql.:(bls) Group or Formation Monitoring Interval
{1m CailtdlTotal Ibl;'
SZMW-I 6" Sch PYC 270'/400' Mid Hawthom AQuifer 270'-400'
SZMW-2 6" Sch PYC 270'/400' Mid Hawthom AQuifer 270'-400'
SMW-l 6" Sch PYC 130'/160' Tamiami/Sandstone AQuifer 130'-160'
o . "B"
'phon
Well Nnmber Castn!ll)ia~~t~r l)ep~11 (b~~ GrOQPllrFotlli"tjon Monitoring I1tterval
1m) CasediTotal (bb)
SZMW-I 6" Sch PYC 600'1700' Lower Hawthorn AQuifer 600'-700'
SZMW-2 6" Sch Pye 600'1700' Lower Hawthorn AQuifer 600'-700'
SMW-l 6" Sch PYC 350'/400' Mid Hawthorn AQuifer 350'-400' ,
Page 9 of 12
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Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. 1l,
June 10, 20uu
Permit/Certification Number: 262487-001-UCli'lilj:e 17 of 23
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
All monitor wells shall be monitored in accordance with rule 62-528.615, F.A.C. The following monitor
well performance data shall be recorded and reported from the monitor well instrumentation in the
Monthly Operating Report as indicated below during all recharge, storage and recovery cycles of the
injection/production wells. Samples and measurements taken for the purpose of monitoring shall be
representative of the monitored activity.
During extended storage periods (greater than 30 days), the monitor well water quality parameters listed
below may be sampled and analyzed monthly.
Reollrtin"
PaOlDieter Freauencv
Maximum Water Level or Pressure (feet NA VD or psi) Dailv/Monthlv
Minimum Water Level or Pressure (feet NA VD or osi) DailvlMonthlv
Averaee Water Level or Pressure (feet NA VD or osi) Monthly
WaterOuali1ll Parameters Sam1)linll Ereauencv
Gross Aloha (oCi/L) (SZMW oolv)*
Total Trihalomethanes (mg/L) Weeklv
Dissolved Oxveen (me/L) Weeklv
Total Iron (mf!!L) Weeklv
Arsenic (ue/L) Weeklv**
Total Dissolved Solids (mg/L) Weeklv
Soecific Conductivitv (umhos/cm) Weeklv
Total Alkalinitv (me/L) Weeklv
oH(SU) Weeklv
Chloride (mg/L) Weeklv
Sulfate (mg/L) Weeklv
Field Temperature (OC) Weeklv
Color (color units) Weeklv
Odor (TON) Weeklv
Fecal Coliform (# per 100 m!) Weeklv
Total Coliform (# per 100 ml) Weekly
Oxidation-Reduction Potential Weeklv
"'Beginning and end of each recovery cycle. '" '"
Twice weekly during recovery for SZMW-l and SMW-l
e. A qualified representative of the Engineer of Record must be present for the start-up operations and the
Department must be notified in writing of the date operational testing began for the subject wells.
f. Before authorizing operational testing the Department shall conduct an inspection of the facility to
determine if the conditions of the permit have been met.
g. The permittee shall calibrate all pressure gauge(s), flow meter(s), chart recorder(s), and other related
equipment associated with the injection well system on a semi-annual basis. The permittee shall maintain
all monitoring equipment and shall ensure that the monitoring equipment is calibrated and in proper
operating condition at all times. Laboratory equipment, methods, and quality control will follow EPA
guidelines as expressed in Standard Methods for the Examination of Water and Wastewater. The
pressuregauge(s), flow meter(s), and chart recorder(s) shall be calibrated using standard engineering
methods.
Page 10 of 12
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Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. ,
June 1 O. ~UU!l
Permit/Certification Number: 262487-001-UCfllllJ:e 18 of 23
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
h. The permittee shall submit monthly to the Department the results of all injection well and monitor well
data required by this permit no later than the last day of the month immediately following the month of
record. The results shall be sent to the Department of Environmental Protection, P.O. Box 2549, Fort
Myers, Florida 33902-A copy of this report shall also be sent to the Department of Environmental
Protection, Underground Injection Control Program, MS 3530, 2600 Blair Stone Road, Tallahassee,
Florida 32399-2400.
1. If injection is to continue beyond the expiration date of this permit, the permittee shall apply for and
obtain an operation permit. If necessary to complete the operational testing period, the permittee shall
apply for renewal of the construction permit at least 60 days prior to the expiration date of this permit.
11. Prior to commencement of operational testing of the ASR well, the permittee shall obtain from the
Department a Water Quality Exemption for any and all necessary parameters pursuant to Rule 62-520.500,
F.A.C.
12. This project will be monitored by the Department with the assistance of the U.S. Environmental Protection
Agency (USEPA), Region 4, and the Technical Advisory Committee (TAC) that consists of representatives of
the following agencies whose addresses are included below:
a. Department of Environmental Protection - Fort Myers
b. Department of Environmental Protection - Tallahassee
c. South Florida Water Management District - West Palm Beach
Florida Department of Environmental Florida Department of Environmental South Florida Water Management
Protection Protection District
South District Office Bureau of Water Facilities Ree:ulation P.O. Box 24860
P.O. Box 2549 UIC Pro "ram, Mail Station 3530 West Palm Beach, FL 33416-4860
2295 Victoria Avenue, Ste 364 2600 Blair Stone Rd.
Fort Myers, FL 33902-2549 Tallahassee, FL 32399-2400
13. The permittee shall provide copies of all construction-related correspondence relative to this permit to each
member of the T AC listed in specific condition 12.a. through d. above. Such correspondence includes but is
not limited to reports, schedules, analyses and geophysical logs required by the Department under the terms of
this permit. The permittee is not required to provide specific correspondence to any T AC member who
submits to the permittee a written request to be omitted as a recipient of specific correspondence.
14. During the construction period allowed by this permit, daily progress reports shall be submitted to the
Department and the Technical Advisory Committee (not the USEPA) each week. The reporting period shall
run for seven (7) days and reports shall be mailed or electronically mailed within 48 hours of the last day of
the reporting period. The report shall include, but is not limited to the following:
a. Description of daily footage drilled by diameter of bit or size of hole opener or reamer being used;
b. Description of work during installation and cementing of casing, including amounts of casing and cement
used;
c. Description of formation and depth encountered;
d. Lithological description of drill cuttings collected every ten feet or at every formation change;
Page 11 of 12
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Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. '
June 10, LJ:J
Permit/Certification Number: 262487-001-UCJi'Illj:e 19 of 23
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
e. Description of work and type of testing accomplished including geophysical logging and pumping tests;
f. Description of any construction problems that develop and their status;
g. Copies of the driller's logs; and
h. Accurate records of the amount and type of any material used during construction to kill the flow of the
wells.
15. No drilling operations shall begin without an approved disposal site for drill cuttings, fluids or waste. It shall
be the Drilling Contractor's responsibility to obtain any necessary Department and local agency approval for
disposal prior to the start of construction.
16. After completion of construction and testing, a final report shall be submitted to the Department and the
T AC., with only the cover letter sent to USEPA. The Department and TAC addresses are as follows:
Underground Injection Control Program
Bureau of Water Facilities Regulation
Department of Environmental Protection
2600 Blair Stone Road, Mail Station #3530
Tallahassee, FL 32399-2400
Underground Injection Control Program
Department of Environmental Protection
South District Office
2295 Victoria A venue, Ste 364
Ft Myers, FL 33902-2549
The report shall include, but not be limited to, all information and data collected under Sections 62-528.605,
62-528.610, 62-528.615 and 62-528.620, F.A.C., with appropriate interpretations. Mill certificates for the
casing(s) shall be included in this report. The report shall be certified by a P.E. and P.O.
17. The permittee is reminded of the necessity to comply with the pertinent regulations of any other regulatory
agency, as well as any county, municipal, and federal regulations applicable to the project. These regulations
may include, but are not limited to, those of the Federal Emergency Management Agency in implementing
flood control measures. This permit should not be construed to imply compliance with the rules and
regulations of other regulatory agencies.
Note: In the event of an emergency the permittee shall contact the Department by calling Ph. (800) 320-0519.
During normal business hours, the permittee shall call (239) 332-6975.
Issued this 6th day of May 2008.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
(lJr---r
Jon M. Iglehart
Director of District Management
JM1/DR /mac
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