HomeMy WebLinkAboutAgenda Packet 07-17-18 CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
July 17, 2018
6:00 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION: Any member of the public may address any items that do not
appear on the agenda and any agenda item that is listed on the agenda for final official action by
the City Council excluding public hearing items which are heard at the public hearing portion of
the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-
judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City
Council will not take any action under the "Public Participation" section of the agenda. The
Council may schedule items not on the agenda as regular items and act upon them in the future.
CONSENT AGENDA:
6:15 p.m. 6:20 p.m.
1. Approve Minutes for June 19, 2018 City Council Regular Meeting.
2. Resolution No. 2018-06; adopting a tentative proposed millage rate for the levy of Ad
Valorem Taxes for Fiscal Year 2018/2019 on all taxable property located within the City
of Cape Canaveral, Brevard County, Florida; providing for an effective date.
3. Resolution No. 2018-07; honoring fifty years of municipal Home Rule in the Florida
Constitution and committing to an educational initiative to help Floridians understand this
beneficial right; providing for the repeal of prior inconsistent resolutions, severability and
an effective date.
4. Resolution No. 2018-08; authorizing the City Manager to execute a Consent Order with
the Florida Department of Environmental Protection ("FDEP"); authorizing corrective
action and reimbursement of FDEP's costs and expenses of$500.00 related to the Consent
Order; providing for the repeal of prior inconsistent resolutions, severability and an
effective date.
REPORTS:
6:20 p.m. 6:30 p.m.
ADJOURNMENT: Pursuant to Section 286.0105,Florida Statutes,the City hereby advises the public
that: If a person decides to appeal any decision made by the City Council with respect to any matter
considered at this meeting, that person will need a record of the proceedings, and for such purpose that
person may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by
the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise allowed by law.In accordance with the Americans
with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the
physically handicapped.Persons with disabilities needing assistance to participate in the proceedings should
contact the City Clerk's office (868-1220 x207 or x206)48 hours in advance of the meeting.
Item No. 1
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
100 Polk Avenue, Cape Canaveral,Florida
TUESDAY
June 19,2018
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM. Council Member
Morrison led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem Mike Brown
Mayor Bob Hoog
Council Member Wes Morrison
Council Member Rocky Randels
Council Member Angela Raymond
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Mia Goforth
Community Development Director David Dickey
Community Engagement/Deputy Public Works Services Director Joshua Surprenant
Administrative/Financial Services Director John DeLeo
Human Resources/Risk Management Director Jane Ross
Culture & Leisure Services Director Gustavo Vergara
Capital Projects Director Jeff Ratliff
Economic Development Director Todd Morley
Public Works Services Director Debra Holliday
Deputy City Clerk Daniel LeFever
Executive Assistant to the City Manager Lisa Day
Brevard County Sheriff's Office Commander Linda Moros
Canaveral Fire Rescue Assistant Chief/Fire Marshal John Cunningham
PUBLIC PARTICIPATION: James Rao, 315 Jefferson Avenue, spoke about the City Codes
related to subdivisions, pre-existing developed property, townhomes and his intention to submit a
plat to the City. He thanked the City for assistance in the matter. Mayor Hoog requested removal
of the related Agenda Item, 12. Discussion to consider the ability and willingness to adopt a
resolution at a special public hearing which would grant a waiver for the Jim Rao properties
located 315, 317 & 319 Jefferson Avenue. City Attorney Garganese stated City Council does not
have authority to take the action requested and advised against taking up the issue as presented
due to requirements of State law. Community Development Director Dickey stated he spoke with
Mr. Rao prior to the meeting and confirmed Staff will expedite the process to move forward,
consistent with State law and City Codes. A motion was made by Council Member Morrison,
City of Cape Canaveral, Florida
City Council Regular Meeting
June 19, 2018
Page 2 of 5
seconded by Mayor Pro Tem Brown, to withdraw Item 12 from the Agenda. The motion
carried 5-0.
CONSENT AGENDA: Mayor Hoog inquired if any items needed to be removed for discussion.
No items were removed.
1. Approve Minutes for May 15, 2018 City Council Regular Meeting.
2. Approve Interlocal Agreement between the City of Cape Canaveral, Florida, the City of
Cape Canaveral Community Redevelopment Agency and Brevard County, Florida and
authorize Mayor to execute same.
3. Authorize City Manager to negotiate and, if successful, execute continuing services
agreements with selected firms for Professional Engineering, Surveying, Planning and
Architectural Services as submitted in response to RFQ #2018-01, without need for
further City Council action.
4. Authorize removal of one (1) Specimen Tree at 317 Jefferson Avenue at a mitigation
rate of one-to-one.
5. Request City Council approve updated memorandum of understanding (MOU) for the
Intergovernmental Radio Communications Program 800 MHz Advisory Committee
approved by the Board of County Commissioners (BOCC) on April 10, 2018 and
authorize the Mayor to execute it on the City's behalf.
6. At the request of the City's natural gas Franchisee (NUI Corporation/Pivotal Utility
Holdings, Inc.), approve and authorize the Mayor to execute the attached consent form
acknowledging and agreeing to the proposed transfer of ownership and control related to
the Franchisee pursuant to the terms and conditions of the Gas Franchise Agreement,
dated as of February 18, 1997, by and between the City of Cape Canaveral and Pivotal
Utility Holdings, Inc. (f/k/a NUI Corporation).
A motion was made by Council Member Randels, seconded by Council Member Raymond,
to approve the six items on the Consent Agenda. The motion carried 5-0.
PUBLIC HEARING:
7. Ordinance No. 04-2018; providing for the location of Pharmacies and Medical Marijuana
Treatment Center dispensing facilities within the City; providing for the repeal of prior
inconsistent ordinances and resolutions, incorporation into the Code, severability and an
effective date, second reading: City Attorney Garganese read the title into the record and
explained this is the third and final time Council has considered this Ordinance. Discussion
ensued. The Public Hearing was opened. There being no comment, the Public Hearing was
closed. Mayor Hoog called for a motion. A motion was made by Mayor Pro Tem Brown,
City of Cape Canaveral, Florida
City Council Regular Meeting
June 19, 2018
Page 3 of 5
seconded by Council Member Raymond, to adopt Ordinance 04-2018, as written. The
motion carried 5-0.
ITEMS FOR ACTION:
8. Ratify the Composite City Manager Performance Evaluation and discuss/determine how
to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment
Agreement between the City of Cape Canaveral and City Manager David L. Greene: Mayor
Hoog explained the item. Discussion ensued. A motion was made by Council Member
Randels, seconded by Mayor Pro Tem Brown, to approve an increase in the City Manager
base salary by three percent. The motion carried 5-0.
9. City Council designate one (1) City Official to be the Voting Delegate at the 92nd
Annual Florida League of Cities Conference scheduled for August 16-18, 2018 — Diplomat
Beach Resort, Hollywood, Florida and decide if it wishes to propose resolution(s) for the
League's consideration: Discussion ensued. A motion was made by Council Member Randels,
seconded by Mayor Pro Tem Brown, that Council Member Raymond be designated as
Voting Delegate at the Florida League of Cities Conference. The motion carried 5-0.
10. Approve New Multi-Generational Facility (MGF) and Culture Arts Preservation and
Enrichment (CAPE) Center Design: Discussion ensued. William Sloot, 8924 Puerto Del Rio
Drive, suggested that age demographics of the City do not support the expenditure of money for
the facilities and called for a cost/benefit analysis. Penny Zuercher, 8657 Villanova Drive and
Chief Financial Officer Brevard Public Schools, stated she received an email from Council
Member Morrison requesting her support against the Item, she voiced her support for the
projects, explained how governments plan, design and go out for bid on projects and offered to
meet with Council Member Morrison to further explain how the process works and encouraged
Council to move forward. Bill Hodge, 369 Harbor Drive, stated he heard about the projects
earlier this year, thinks the majority of the citizens are not aware of the projects and indicated
concern over a possible recession. John Airis, 300 Monroe Avenue, stated he has been a resident
since 1979 and was not aware of the projects until last week, suggested ways to provide
information to the community, reported the trash from the basketball court at Canaveral City
Park blows into his yard and issues regarding ball field lights. Jeff Zuercher, 8657 Villanova
Drive, commented he has known about the projects since he moved to the City a little over two
years ago, stated the Council communicates with City residents very well and is financially
responsible, described the projects as high quality of life structures and are part of the City
Vision, encouraged Council to keep going and noted the diversity of the community. Peggy
Green, 219 Long Point Road, shared her opinions regarding Council, overbuilding in the City,
issues in her neighborhood and indicated she supported the projects. Community Development
Director Dickey invited Ms. Green to meet and discuss her concerns. Discussion ensued. A
motion was made by Council Member Raymond, seconded by Council Member Randels, to
approve the New Multi-Generational Facility (MGF) and Culture Arts Preservation and
Enrichment (CAPE) Center Design. The motion carried 4-1, with Council Member
Morrison voting against.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 19, 2018
Page 4 of 5
11. Request for City Council to review the City of Cape Canaveral 2018 Community Survey
(69 questions), propose revisions as needed and approve it for circulation by the Community
Engagement Department from Monday, June 25, 2018 through Friday, August 24, 2018. The
survey will be publicized via the City website, Nixle, social media, direct mail and at City
events: City Manager Greene reported Staff received very good ideas from Council Member
Morrison and suggested moving forward unless other Council Members have questions or
concerns. Discussion ensued. A motion was made by Council Member Raymond, seconded
by Council Member Randels,to approve the 2018 Community Survey. City Manager Greene
confirmed Staff would work with Council Member Morrison on his submitted ideas for survey
questions. Community Engagement Director Surprenant provided details and costs of circulation.
The motion carried 5-0.
DISCUSSION:
12. Discussion to consider the ability and willingness to adopt a resolution at a special public
hearing which would grant a waiver for the Jim Rao properties located 315, 317 & 319 Jefferson
Avenue: Mayor Hoog stated the Item was withdrawn.
13. Discussion to consider the exemption of permitting fees in the City Ordinances related to
the installation of Solar Power Generation Equipment such as solar photovoltaic generation
devices and or solar thermal devices: Council Member Morrison explained the Item and
requested Council input. Discussion ensued. In response to the inquiry, City Attorney Garganese
provided information about conflicts of interest and recusal under Florida Law. Attorney
Garganese stated he had not discussed the Item with Council Member Morrison and is not aware
of any issues but recommends individual Council Members bring such items up with him ahead
of time if there could be potential voting conflicts. Council Member Morrison stated that he
would recuse himself should it be necessary. Discussion ensued. City Attorney Garganese stated
City Council would have to adopt a resolution to waive the fees and declare a legitimate
government purpose for doing so. Renee Parker, 108 Joe Place, provided information related to
working for another county in petroleum, air, sustainability and energy, the benefits from the
State initiative to open up solar markets to all, including low-income residents, and solar
permitting. Community Development Director Dickey stated the City has partnered with the East
Central Florida Regional Planning Council to create a resiliency/sustainability plan and
suggested looking at ways to incentivize residents to participate. City Manager Greene stated the
City's Building Department processes are SNAP (Simplified, Nimble, Accelerated Permitting)
Certified, meaning the City meets the criteria for certification in Brevard County with best
practices implemented. Discussion continued. City Manager Greene stated the aforementioned
plan is a State funded grant. Council reached consensus for Staff to continue forward with
the Plan and implement components to benefit residents as discussed, and bring back to
Council.
REPORTS:
Council Member Raymond reported attending various meetings and events including the Florida
League of Cities, Space Coast League of Cities, the Atlantic Intracoastal Waterway/Florida
City of Cape Canaveral, Florida
City Council Regular Meeting
June 19, 2018
Page 5 of 5
Inland Navigation District Meeting, the sixteen hour Institute for Elected Municipal Officials
Basic training with Council Member Morrison; and recited an original limerick.
Council Member Morrison thanked those in attendance for their participation and declared that
Council does care.
Mayor Pro Tem Brown thanked Staff, City Manager Greene, City Attorney Garganese and all
those that work with the City including the Sheriff's Office and Fire Rescue.
Mayor Hoog encouraged more people to attend City Council Meetings to be better informed.
Commander Moros stated the Canaveral Precinct and Community are doing well.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 8:41 PM.
Mia Goforth, CMC, City Clerk Bob Hoog,Mayor
[CITY SEAL]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 7/17/2018
Item No. 2
Subject: Resolution No. 2018-06; adopting a tentative proposed millage rate for the levy of Ad
Valorem Taxes for Fiscal Year 2018/2019 on all taxable property located within the City of
Cape Canaveral, Brevard County, Florida; providing for an effective date.
Department: Financial Services
Summary: Adopt a tentative proposed millage rate of 3.8500 mills for Fiscal Year 2018/2019,
which represents a rate below the rolled back rate. It includes two segments:
General Government Millage 3.7865 mills
Library Dependent Special District 0.0635 mills
Per "Truth in Millage Compliance", the highest intended millage rate must be proposed at this
meeting and Ad Valorem Tax Rates can be lowered from the initial rate proposed. However,
the tax rate cannot be increased after this meeting.
There will be two more meetings concerning the Ad Valorem Tax rate to be implemented for
the City's Fiscal Year 2018/2019. They were scheduled on November 21, 2017, by the City
Council:
1. September 4, 2018: a Tentative Millage rate will be established.
2. September 18, 2018: a Final Millage rate will be established.
Submitting Department Director: John DeLeo Date: 7/3/18
Attachment: Resolution No. 2018-06
Financial Impact:
The tentative proposed millage rate of 3.8500 provides a property tax revenue stream of
$4,485,150. These revenues are represented in the Proposed Fiscal Year 2018/2019 Budget at
a 95% receipt rate and allow for a balanced budget.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: July 5, 2018
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2018-06.
Approved by City Manager: David L. Greene Date: 7/9/18
RESOLUTION NO. 2018-06
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, ADOPTING A
TENTATIVE PROPOSED MILLAGE RATE FOR THE
LEVY OF AD VALOREM TAXES FOR FISCAL YEAR
2018/2019 ON ALL TAXABLE PROPERTY LOCATED
WITHIN THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City wishes to impose Ad Valorem Taxes based upon an approved
millage rate; and
WHEREAS,Florida Statute 200.065 expressly provides no millage shall be levied until a
resolution or ordinance has been approved by the governing board of the taxing authority and upon
preparation of a tentative budget,but prior to adoption thereof, each taxing authority shall compute
a tentative proposed millage rate necessary to fund the tentative budget other than the portion of
the budget to be funded from sources other than ad valorem taxes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
Section 1. The total millage for all City operating purposes is 3.8500 mills on the dollar
of taxable value for the 2018/2019 Fiscal Year for the City of Cape Canaveral, Florida. This
millage represents a rate below rolled back rate.
Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a tentative proposed millage rate of 3.7865 mills for General Government Millage. This
tentative proposed Ad Valorem Tax shall be levied upon the 2018 Tax Assessment Roll for Ad
Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used
for the City's Fiscal Year beginning October 1, 2018 and ending September 30, 2019.
City of Cape Canaveral,Florida
Resolution No.2018-06
Page 1
Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and
imposes a tentative proposed millage rate of 0.0635 mills for the Library Dependent Special
District, as approved in the 1985 referendum election. This tentative proposed Ad Valorem Tax
shall be levied upon the 2018 Tax Assessment Roll for Ad Valorem Tax on all taxable property
located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning
October 1, 2018 and ending September 30, 2019.
Section 4. This Resolution shall become effective immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida,
this 17th day of July 2018.
Bob Hoog, Mayor
ATTEST:
Name For Against
Mia Goforth, CMC Mike Brown
City Clerk
Bob Hoog
Wes Morrison
Rocky Randels
Angela Raymond
Approved as to Form:
Anthony A. Garganese, City Attorney
City of Cape Canaveral,Florida
Resolution No.2018-06
Page 2
[CITY SEAL]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 7/17/2018
Item No. 3
Subject: Resolution No. 2018-07; honoring fifty years of municipal Home Rule in the Florida
Constitution and committing to an educational initiative to help Floridians understand this
beneficial right; providing for the repeal of prior inconsistent resolutions, severability and an
effective date.
Department: City Clerk's Office
Summary: 2018 marks the 50th anniversary of municipal Home Rule in the state of Florida,
when voters ratified this authority in the 1968 Constitution. Municipal Home Rule gives cities
the right to perform functions and deliver services without express permission from the state,
except as otherwise provided by law. Proponents of municipal Home Rule operate with the
belief that government closest to the people governs best, city halls across our state are more
accessible, responsive and fair in addressing the needs of their constituents, local decisions
should be made locally and the people who live, work and play in a city know what's best for
their unique community.
Over the last few years, the Florida Legislature has challenged this philosophy by pursuing
numerous measures with intent to undermine local decision-making and inhibit municipal
officials from effectively and efficiently doing the jobs for which they were elected.
Resolution No. 2018-07(Attached), which honors the 50th anniversary, serves as an affirmation
of the City of Cape Canaveral's continued support and defense of municipal Home Rule.
Submitting Department Director: Mia Goforth Date: 7/9/18
Attachment: Resolution No. 2018-07
Financial Impact: Staff time/effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: July 5, 2018
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2018-07.
Approved by City Manager: David L. Greene Date: 7/9/18
RESOLUTION 2018-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; HONORING FIFTY
YEARS OF MUNICIPAL HOME RULE IN THE FLORIDA
CONSTITUTION AND COMMITTING TO AN EDUCATIONAL
INITIATIVE TO HELP FLORIDIANS UNDERSTAND THIS
BENEFICIAL RIGHT; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, Florida's voters placed municipal Home Rule powers into the Florida
Constitution on November 5, 1968, during regular elections as an amendment to Article VIII; and
WHEREAS,this power has enabled each city, town and village across the Sunshine State
to consider, adopt, revise and/or remove its own laws without the need to seek legislative
permission from the state and has further served as the foundation upon which every municipality
builds its governmental structure; and
WHEREAS, the political climate within the Florida Legislature has recently included
many attacks on these powers; and
WHEREAS,grassroots measures calling such actions wrong and declaring local decisions
be made at the local level by local officials must continue so all legislators clearly understand
Florida's Home Rule as a constitutional power and one upheld in state statutes; and
WHEREAS, a 50th anniversary is a fitting time for all municipalities to engage their
respective citizens in education about the Florida Constitution and local laws,so all Floridians may
continue to receive the many benefits of Home Rule.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Honoring the 50th anniversary of municipal Home Rule. This anniversary
presents a tremendous opportunity to educate all citizens about Florida's Constitution, municipal
government and Home Rule authority, and that all necessary resources shall be provided for such
public information.
Section 3. Defense of municipal Home Rule. The City of Cape Canaveral will actively
challenge all efforts to reduce or erode this cherished right and further employ all efforts to ensure
state and federal government partners understand a one-size-fits-all approach to governance is not
in the best interests of the City's residents and Florida's citizens.
City of Cape Canaveral
Resolution No.2018-07
Page 1 of 2
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 17th day of July, 2018.
Bob Hoog, Mayor
ATTEST: Name FOR AGAINST
Mike Brown
Mia Goforth, CMC Bob Hoog
City Clerk
Wes Morrison
Rocky Randels
Angela Raymond
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No.2018-07
Page 2 of 2
[CITY SEAL]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 7/17/2018
Item No. 4
Subject: Resolution No. 2018-08; authorizing the City Manager to execute a Consent Order
with the Florida Department of Environmental Protection ("FDEP"); authorizing corrective
action and reimbursement of FDEP's costs and expenses of $500.00 related to the Consent
Order; providing for the repeal of prior inconsistent resolutions, severability and an effective
date.
Department: Capital Projects
Summary: In Summer 2017, the City was severely impacted by Hurricane Irma as well as an
unnamed storm with over 10 inches of rain. These storms caused excessive inflow to the City's
wastewater treatment plant (WWTP) which is permitted to process a maximum of 1.8 million
gallons per day(gpd). During/after Hurricane Irma and the unnamed storm,inflow to the WWTP
was over 4 million gpd which undoubtedly included significant illicit discharges (i.e.,
contaminants) from throughout the City. Such large inflows impacted the effectiveness of the
wastewater treatment process for an extended period of time resulting in Florida Department of
Environmental Protection permit exceedances of both total nitrogen (TN) and total phosphorous
(TP) in treated effluent.
Additional exceedances of TN and TP were observed during the cleaning/emptying of the
oxidation ditch in late-2017 and early-2018 during an ongoing construction project. Sediment
in the bottom of the ditch was toxic and further impacted the wastewater treatment process for
an extended period of time. Adjustments to the temporary oxidation ditch system start-up
procedure also contributed to an extended period of time of non-compliance of TN and TP
concentrations in treated effluent. Due to these permit exceedances resulting from weather
events and an ongoing WWTP construction project, FDEP issued Consent Order, Office of
General Counsel ("OGC") No. 18-0916.
Proposed Consent Order Requirements. The City is required to comply with the following
corrective actions within the stated time frames from the effective date of the Consent Order
(Attachment#1):
• 14 days—publish (one time only) a notice in the local newspaper;
• 30 days—elect to (1) submit payment of$8,500.00 in civil penalties/FDEP expenses or
(2)implement a Pollution Prevention(P2) Project in the amount of$8,000 (plus$500.00
check) or (3) elect to implement an in-kind penalty project in the amount of$12,000.00
(plus $500.00 check);
• 60 days—submit a detailed scope of work for either the P2 Project or the in-kind penalty
project, if selected;
• 180 days—submit a report prepared by a professional engineer containing recommended
corrective actions for the elimination of TN and TP exceedances;
• 270 days—submit a permit application, if appropriate, with any recommended corrective
actions; and
• 630 days — complete construction of modifications and submit a Certificate of
Completion stating that said modifications have been constructed.
City Council Meeting
Date: 07/17/2018
Item No. 4
Page 2 of 2
During the proposed activities,the Consent Order proposes new,temporary FDEP permit limits
for TN(20.0 milligrams per liter [mg/L]) and TP (2.0 mg/L). Current permit limits are 6.0 mg/L
for TN and 1.0 mg/L for TP.
Proposed In-kind Penalty Project. Staff recommends performance of an in-kind project in lieu
of performing a P2 project or issuing a check in the amount of$8,500.00 for civil penalties/
FDEP expenses. The proposed project is the replacement of four, open-throat stormwater inlets
with Type 'C' inlets. Replacement of these open-throat inlets has been an ongoing maintenance
project for several years. Currently, 20 inlets are replaced each year with a cost of$3,375.00
each. Replacement of an additional four inlets would cost $13,500.00, thus meeting the
$12,000.00 Consent Order cost requirement.
Submitting Department Director: Jeff Ratliff Date: 7/6/18
Attachments:
#1 —Consent Order, OGC No. 18-0916
#2—Resolution No. 2018-08
Financial Impact: Replacement of an additional four inlets at $13,500.00, thus meeting the
$12,000.00 Consent Order cost requirement; cost of legal advertisement; and Staff time and
effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 7/10/18
The City Manager recommends that City Council take the following action.
Adopt Resolution No. 2018-08.
Approved by City Manager: David L. Greene Date: 7/9/18
Attachment #1
Consent Order OGC No. 18-0916
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE
OF ENVIRONMENTAL PROTECTION ) CENTRAL DISTRICT
)
v. ) OGC FILE NO. 18-0916
)
City of Cape Canaveral )
CONSENT ORDER
This Consent Order ("Order") is entered into between the State of Florida Department of
Environmental Protection(the "Department")and City of Cape Canaveral, ("Respondent"), to
reach settlement of certain matters at issue between the Department and Respondent.
The Department finds and Respondent admits the following:
1. The Department is the administrative agency of the State of Florida 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 403.031(5),F.S.
3. Respondent is the owner and is responsible for the operation of the Cape Canaveral
Water Reclamation Facility, a 1.8 million gallon per day ("MGD") annual average daily flow
("AADF") permitted capacity advanced domestic wastewater treatment("AWT")plant with
high level disinfection and a 0.990 MGD AADF discharge to the Banana River(D-001)and a 1.45
MGD AADF public access reuse system(R-001) ("Facility"). Respondent operates the Facility in
accordance with Wastewater Permit No.FL0020541 ("Permit"),which was issued on June 1,
2017,expires on May 31,2022. A permit revision was issued on December 31,2013 authorizing
the rehabilitation of the oxidation ditch (Rehabilitation).The Facility is located at 601 Thurm
Blvd,Cape Canaveral, in Brevard County,Florida ("Property"). Respondent owns the
Property on which the Facility is located.
4. The Department finds that the following violation(s)occurred:
a) In June 2017, November 2017, December 2017, and February 2018, the Facility
DEP vs.City of Cape Canaveral
Consent Order,OGC No.18-0916
Page 2
exceeded the Permit's limit of 1.0 milligrams per liter("mg/L")for maximum
Total Phosphorus("TP") by 1.21 mg/L,1.13 mg/L, 1.02 mg/L and 5.84 mg/L,
respectively, which are violations of Section 403.161(1)(b),F.S.,and Rules 62-4.030
and 62-620.300(5), F.A.C.
b) In June 2017 and February 2018, the Facility exceeded the Permit's limit of 0.62
rng/L for monthly average TP by 1.21 mg/L and 1.916 mg/L, respectively, which
are violations of Section 403.161(1)(b), F.S. and Rules 62-4.030 and 62-620.300(5),
F.A.C.
c) In June 2017,November 2017, December 2017 and February 2018, the Facility
exceeded the Permit's limit of 0.75 mg/L for weekly average TP by 1.21 mg/L,
1.13 mg/L, 1.02 mg/L and 5.84 mg/L,respectively,which are violations of
Section 403.161(1)(b),F.S. and Rules 62-4.030 and 62-620.300(5),F.A.C.
d) In November 2017, December 2017,February 2018, Mardi 2018 and April 2018 the
Facility exceeded the Permit's limit of 158 pounds per year (lb/yr)TP by 206.326
lb/yr,237.742 lb/yr,259.932 lb/yr, 271.669 lb/yr and 271.669 lb/yr respectively,
which are violations of Section 403.161(1)(b),F.S. and Rules 62-4.030 and 62-
620.300(5),F.A.C.
e) In August 2017,September 2017, December 2017,January 2018,February 2018
and March 2018,the Facility exceeded the Permit's limit of 3.75 rng/L for
monthly average Total Nitrogen("TN")by 4.35 mg/L,3.963 mg/L, 4.46 mg/L,
4.558 mg/L, 17.398 mg/L and 9.69 mg/L respectively,which are violations of
Section 403.161(1)(b), F.S. and Rules 62-4.030 and 62-620.300(5),F.A.C.
f) In September 2017, November 2017, December 2017,January 2018,February 2018
and March 2018,the Facility exceeded the Permit's limit of 4.5 mg/L for weekly
average TN by 5.3 mg/L, 6.33 mg/L, 5.29 mg/L, 7.63 mg/L,34.4 mg/L and 20.1
mg/L respectively,which are violations of Section 403.161(1)(b),F.S.and Rules
62-4.030 and 62-620.300(5),F.A.C.
g) In November 2017,January 2018,February 2018 and March 2018, the Facility
exceeded the Permit's limit of 6.0 mg/L for a maximum TN by 6.33 mg/L, 7.63
mg/L, 34.4 mg/L and 20.1 mg/L respectively, which are violations of Section
403.161(1)(b), F.S. and Rules 62-4.030 and 62-620.300(5), F.A.C.
DEP vs.City of Cape Canaveral
Consent Order,OGC No.18-0916
Page 3
h) In October 2017, November 2017, December 2017, February 2018,March 2018 and
April 2018,the Facility exceeded the Permit's limit of 2151 lb/yr TN by 2485.5
lb/yr,3184.546 Ib/yr,3737.67 lb/yr,3018.691 lb/yr,3393.389 mg/L and 3393.389
mg/L respectively, which are violations of Section 403.161(1)(b),F.S.and Rules
62-4.030 and 62-620.300(5),F.A.0
Having reached a resolution of the matter Respondent and the Department mutually
agree and it is
ORDERED:
5. Respondent shall comply with the following corrective actions within the stated
time periods:
a) Within 180 days of the effective date of this Order, Respondent shall submit
to the Department an Engineering Evaluation ("Report") prepared by a professional engineer,
registered in the State of Florida. The Report shall contain recommended corrective actions for
the elimination of Total Nitrogen and Total Phosphorus exceedances of the current permit limits
to discharge location D-001.
b) Within 270 days of the effective date of this Order, Respondent shall submit
a complete permit application to the Department,if any of the corrective actions recommended
in the Engineering Evaluation outlined in subparagraph 5(a) above require a wastewater permit.
c) Within 630 days of the effective date of the wastewater permit issued to the
Facility pursuant to subparagraph 5(b), Respondent shall complete construction of the
modifications and submit a Certification of Completion, prepared and sealed by a professional
engineer registered in the State of Florida, stating that modifications to the Facility,effluent
disposal system, and collection system have been constructed in accordance with the provisions
of the Permit. If a permit is not required, within 365 days of the effective date of this Order,
Respondent shall complete all corrective actions required pursuant to subparagraph 5(a) above.
d) Upon submitting the Certificate of Completion to the Department, or, if no
permit is required,upon completion of corrective actions, Respondent shall demonstrate
compliance by maintaining effluent discharge concentrations and effluent loading rates at
discharge location D-001 at or below the Permit's effluent limits for Total Nitrogen and Total
Phosphorus for 6 consecutive calendar months and reporting effluent sampling results on the
required Discharge Monitoring Reports ("DMRs").
DEP vs.City of Cape Canaveral
Consent Order,OGC No.18-09M
Page 4
e) The effluent discharged from the Facility to D-001 shall comply with the
TN and TP interim limits("Interim Limits") in Table 1,below. All of the other parameter limits
in the Permit remain the same for D-001 and shall be complied with by Respondent. The
Interim Limits shall become effective upon the first day of the month following the effective
date of this Order. The Interim Limits shall remain in effect until September 28,2020,or until
compliance is demonstrated as referenced in sub-paragraph 5(d)of this Order,whichever is
sooner. The analysis and reporting of the Interim Limits shall be in accordance with the Permit.
The Interim Limits shall be reported on the DMR attached to the Permit, as modified in Exhibit
A hereto. These reports shall be submitted via the electronic discharge monitoring report
system ("EZDMR"), once each month and must be received by the Department no later than the
28th day following the end of the reporting period (e.g., the August report would be due no later
than September 28th). The Interim Limits do not act as State of Florida Department of
Environmental Protection Wastewater Permit effluent limitations or modified Permit
limitations,nor does it authorize or otherwise justify violation of the Florida Air and Water
Pollution Control Act,Part I, Chapter 403,F.S.,during the pendency of this Order.
Table 1:Interim Limits for Discharge to D-001
Effluent Limitations Monitoring Requirements
Frequency of Analysis Monitoring Site
Parameter Units Max/Min Limit Statistical Basis Number
Phosphorus, Max 0.75 Monthly Average
Total (as P) Max 1.0 Weekly Average
mg/L Weekly EFD-I
Max 2.0 Single Sample
Nitrogen, Max 8.0 Monthly Average
Total MGD Max Weekly EFD-1
10.0 Weekly Average
Max 20.0 Single Sample
Phosphorus,Total EFD-I
(as P) lb/yr Max 790 Annual Total Weekly
Nitrogen,Total lb/yr Max 10,755 Annual Total Weekly EFD-1
6. Every calendar quarter after the effective date of this Order, Respondent shall
submit in writing to the Department a report containing information concerning the status
and progress of projects being completed under this Order,information as to 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 to be performed pursuant to this Order during the
DEP vs.City of Cape Canaveral
Consent Order,OGC No.18-0916
Page 5
12- month period which will follow the report. These reports shall be submitted to the
Department within 30 days following the end of the quarter.
7. Notwithstanding the time periods described in the paragraphs above,
Respondent shall complete all corrective actions required by Paragraphs 5 and 6 by June 30,
2020 and be in full compliance with Rules 62-4, 62-600 and 62-620 F.A.C.,regardless of any
intervening events or alternative time frames imposed in this Order,other than those excused
delays agreed to by the Department,as described in Paragraph 17 below.
8. Within 180 days of the effective date of this Order, Respondent shall submit a
written estimate of the total cost of the corrective actions required by this Order to the
Department. The written estimate shall identify the information the Respondent relied upon
to provide the estimate.
9. Within 30 days of the effective date of this Order, Respondent shall pay the
Department$8,500.00 in settlement of the regulatory matters addressed in this Order. This
amount includes$8,000.00 for civil penalties and $500.00 for costs and expenses incurred by the
Department during the investigation of this matter and the preparation and tracking of this
Order. The civil penalty in this case includes one violation that warrants a penalty of$2,000.00
or more.
10. In lieu of making cash payment of$8,000.00 in civil penalties as set forth in
Paragraph 9, Respondent may elect to off-set the amount of$8.000.00 by implementing a
Pollution Prevention (P2) Project, which must be approved by the Department. P2 is a process
improvement that reduces the amount of pollution that enters the environment; by conserving
resource (including water, raw materials, chemicals, and energy) use,or by minimizing waste
generation (including domestic and industrial wastewater, solid and hazardous waste, and air
emissions). A P2 Project must reduce pollution or waste within the process beyond what is
required by federal, state, or local law,in order to be eligible for civil penalty offset under this
Order. If Respondent chooses to implement a P2 Project, Respondent shall notify the
Department of its election by certified mail within 15 days of the effective date of this Order.
Within 30 days of the effective date of this Order, Respondent must pay a total of$500.00 for
costs and expenses incurred by the Department, during the investigation of this matter,and
the preparation and tracking of this Order.
DEP vs.City of Cape Canaveral
Consent Order,OGC No.18-0916
Page 6
11. If Respondent elects to implement a P2 Project as provided in Paragraph 10,
Respondent shall submit a completed P2 Project Plan(Plan) within 30 days of the effective date
of this Order. The Plan must be completed using Exhibit13_, "P2 Project Plan" template.
12. In the event the Department requires additional information to process the Plan
described in Paragraph 10,Respondent shall provide a modified Plan containing the
information requested by the Department within 30 days of the date of the request.
13. If any balance remains after the entire P2 credit is applied to the allowable
portion of the civil penalty, Respondent shall pay the difference within 30 days of written
notification by the Department to Respondent that the balance is due.
14. In lieu of making cash payment of$8000.00 in civil penalties as set forth in
paragraph 9 above, Respondent may elect to off-set this amount by implementing an in-kind
penalty project,which must be approved by the Department. An in-kind project must be
either an environmental enhancement, environmental restoration or a capital/facility
improvement project. The Department may also consider the donation of environmentally
sensitive land as an in-kind project. The value of the in-kind penalty project shall be one and
a half times the civil penalty off-set amount,which in this case is the equivalent of at least
$12,000.00. If Respondent chooses to implement an in-kind project, Respondent shall notify
the Department of its election by certified mail within 15 days of the effective date of this
Consent Order. Notwithstanding the election to implement an in-kind project, payment of
the remaining$500.00 in costs must be paid within 30 days of the effective date of the
Consent Order.
15. If Respondent elects to implement an in-kind project as provided in paragraph
14, then Respondent shall comply with all of the requirements and time frames in Exhibit C
entitled In-Kind Projects.
16. Respondent agrees to pay the Department stipulated penalties in the amount of
$500.00 per day for each and every day Respondent fails to timely comply with any of the
requirements of Paragraphs 5,6,7,8,11,and 26 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 Paragraph 13,below. Nothing in this
paragraph shall prevent the Department from filing suit to specifically enforce any terms of
DEP vs.City of Cape Canaveral
Consent Order,OGC No.18-0916
Page 7
this Order. Any stipulated penalties assessed under this paragraph shall be in addition to the
civil penalties agreed to in Paragraph 9 of this Order.
17. Respondent shall make all payments required by this Order by cashier's check,
money order or on-line payment. Cashier's check or money order shall be made payable to
the "Department of Environmental Protection" and shall include both the OGC number
assigned to this Order and the notation "Water Quality Assurance Trust Fund." Online
payments by e-check can he made by going to the DEP Business Portal at:
http://www.fldepporlal.com/go/pav/. It will take a number of days after this order is final
and effective filed with the Clerk of the Department before ability to make online payment is
available.
18. Except as otherwise provided,all submittals and payments required by this
Order shall be sent to Compliance Assurance Program,Department of Environmental
Protection, Central District Office,3319 Maguire Boulevard, Suite 232,Orlando,Florida 32803-
3767.
19. Respondent shall allow all authorized representatives of the Department access
to the Facility and the Property at reasonable times for the purpose of determining compliance
with the terms of this Order and the rules and statutes administered by the Department.
20. In the event of a sale or conveyance of the Facility or of the Property upon which
the Facility is located, if all of the requirements of this Order have not been fully satisfied,
Respondent shall,at least 30 days prior to the sale or conveyance of the Facility or Property, (a)
notify the Department of such sale or conveyance, (b) provide the name and address of the
purchaser, operator, or person(s) in control of the Facility, and (c) provide a copy of this Order
with all attachments to the purchaser, operator, or person(s) in control of the Facility. The sale or
conveyance of the Facility or the Property does not relieve Respondent of the obligations
imposed in this Order.
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
DEP vs.City of Cape Canaveral
Consent Order,OGC No.18-0916
Page 8
(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.
21. 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.
22. 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 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.
23. 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.
24. 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
DEP vs.City of Cape Canaveral
Consent Order,OGC No.18-0916
Page 9
violation,and criminal penalties.
25. 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 120.68,
F.S.
26. Electronic signatures or other versions of the parties' signatures, such as.pdf or
facsimile, 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.
27. 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(1)(b), F.S.
28. 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.
DEP vs.City of Cape Canaveral
Consent Order,OGC No.18-0916
Page 10
Upon the timely filing of a petition, this Consent Order will not be effective until further
order of the Department.
29. Respondent shall publish the following notice in a newspaper of daily circulation
in Brevard County,Florida. The notice shall be published one time only within 14 days of the
effective date of the Order. Respondent shall provide a certified copy of the published notice to
the Department within 10 days of publication.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF CONSENT ORDER
The Department of Environmental Protection("Department") gives notice of agency
action of entering into a Consent Order with City of Cape Canaveral pursuant to section
120.57(4), Florida Statutes. The Consent Order addresses the exceedances of the Total
Phosphorus and Total Nitrogen permit limits for discharges to the Banana River, at 601 Thurm
Blvd, Cape Canaveral, in Brevard County, Florida. The Consent Order is available for public
inspection during normal business hours,8:00 a.m. to 5:00 p.m., Monday through Friday, except
legal holidays, at the Department of Environmental Protection, Central District Office, 3319
Maguire Boulevard, Suite 232, Orlando, Florida 32803-3767.
Persons who are not parties to this Consent Order,but whose substantial interests are
affected by it,have a right to petition for an administrative hearing under sections 120.569 and
120.57,Florida Statutes. Because the administrative hearing process is designed to formulate
final agency action, the filing of a petition concerning this Consent Order means that the
Department's final action may be different from the position it has taken in the Consent Order.
The petition for administrative hearing must contain all of the following information:
a) The OGC Number assigned to this Consent Order;
b) The name,address,and telephone number of each petitioner; the name, address,
and telephone number of the petitioner's representative, if any, which shall be the
address for service purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the
Consent Order;
d) A statement of when and how the petitioner received notice of the Consent Order;
DPP vs.City of Cape Canaveral
Consent Order,OGC No. 18-0916
Page 11
e) Either a statement of all material facts disputed by the petitioner or a statement that
the petitioner does not dispute any material facts;
f) A statement of the specific facts the petitioner contends warrant reversal or
modification of the Consent Order;
g) A statement of the rules or statutes the petitioner contends require reversal or
modification of the Consent Order;and
h) A statement of the relief sought by the petitioner, stating precisely the action
petitioner wishes the Department to take with respect to the Consent Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS# 35, Tallahassee,Florida 32399-3000 within 21 days of receipt of
this notice. A copy of the petition must also be mailed at the time of filing to the District Office at
Central District Office, 3319 Maguire Boulevard,Suite 232, Orlando,Florida 32803-3767. Failure
to file a petition within the 21-day period constitutes a person's waiver of the right to request an
administrative hearing and to participate as a party to this proceeding under sections 120.569 and
120.57, Florida Statutes. Before the deadline for filing a petition, a person whose substantial
interests are affected by this Consent Order may choose to pursue mediation as an alternative
remedy under section 120.573,Florida Statutes. Choosing mediation will not adversely affect
such person's right to request an administrative hearing if mediation does not result in a
settlement. Additional information about mediation is provided in section 120.573, Florida
Statutes and Rule 62-110.106(12),Florida Administrative Code.
28. Rules referenced in this Order are available at:
https://softlive.dep.state.fl.us/ogc/ogc/content/rules
FOR THE RESPONDENT:
David L Greene Date
City Manager, City of Cape Canaveral
DEP vs.City of Cape Canaveral
Consent Order,OGC No.18-0916
Page 12
DONE AND ORDERED this day of ,in , Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Jeff Prather
District Director
Central District
Filed,on this date, pursuant to section 120.52,F.S.,with the designated Department Clerk,receipt
of which is hereby acknowledged.
Clerk Date
Copies furnished to:
Lea Crandall, Agency Clerk
Mail Station 35
D W CO(REV.06/09)
DEP vs.City of Cape Canaveral Exhibit A
Consent Order, OGC No.18-0916
Page 13 DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT-PART A
When Completed submit this report to: http://www.fldepportal.com/go
PERMITTEE NAME: Cape Canaveral, City of PERMIT NUMBER: FL0020541-010-DW1P Expiration Date May 31,2022
MAILING ADDRESS: 601 Thurm Blvd
Cape Canaveral.Florida 32920 LIMIT: Interim REPORT FREQUENCY: Monthly
CLASS SIZE: MI PROGRAM: Domestic
FACILITY: Cape Canaveral WRF MONITORING GROUP NUMBER: D-00I
LOCATION: 601 Thurm Blvd MONITORING GROUP DESCRIPTION: CAPE CANAVERAL EFFLUENT.with Influent
Cape Canaveral.FL 32920-4316 RE-SUBMITTED DMR: ❑
NO DISCHARGE FROM SITE: ❑
COUNTY: Brevard MONITORING PERIOD From: To:
OFFICE: Central District
Parameter Quantity or Loading Units Quality or Concentration Units No. Frequency of Sample Type
Ex. Analysis
Flow(to Banana River) Sample
Measurement
PARM Code 50050 Y Permit 0.990 MGD Continuous Flow Totalizer
Mon.Site No.FLW-2 Requirement (An.Avg.)
Flow(to Banana River) Sample
Measurement
FARM Code 50050 1 Permit Report MGD Continuous Flow Totalizer
Moo.Site No.FLW-2 Requirement (Mo.Avg.)
BOD. Carbonaceous 5 day.20C Sample
Measurement
PARM Code 80082 A Permit 10.0 7.5 6.25 mg/L Weekly 16-hr FPC
Mon.Site No.EFA-I Requirement (Max.) (Max.Wk.Avg.) (Mo.Avg.)
Solids.Total Suspended Sample
Measurement
FARM Code 00530 Y Permit 5.0 mg/L Weekly 16-hr FPC
Mon.Site No.EFA-I Requirement (An.Avg.)
Solids.Total Suspended Sample
Measurement
FARM Code 00530 A Permit 10.0 7.5 6.25 mg/L Weekly 16-hr FPC
Mon.Site No.EFA-I Requirement (Max.) (Max.Wk.Avg.) (Mo.Avg.)
Coliform.Fecal Sample
Measurement
PARM Code 74055 Y Permit 14 0/100mL Weekly Grab
Mon.Site No.EFA-I Requirement (An.Avg.)
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 on 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.
NAME/TITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO DATE mm/dd/yyyy)
COMMENT AND EXPLANATION OF ANY VIOLATIONS(Reference all attachments here):
13
ISSUANCE/REISSUANCE DATE:June 1,2017
DMR EFFECTIVE DATE:August 1,2017-Permit expiration DEP Form 62-620.910(10),Effective Nov.
29,1994
DEP vs.City of Cape Canaveral
Consent Order,OGC No.18-0916
Page 14 DISCHARGE MONITORING REPORT-PART A(Continued)
FACILITY: Cape Canaveral WRF MONITORING GROUP D-001 PERMIT NUMBER: FL0020541-010-DW1P
NUMBER:
MONITORING PERIOD From: To:
Parameter Quantity or Loading Units Quality or Concentration Units No. Frequency of Sample Type
Ex. Analysis
Caliform.Fecal Sample
Measurement
PARM Code 74055 A Permit 14 86
#/100mL Weekly Grab
Mon.Site No.EFA-1 Requirement (Mo.Med.) (Max.)
pH Sample
Measurement
PARM Code 00400 I Permit 6.5 8.5 s.u. Daily:24 hours Grab
Mon.Site No.EFD-1 Requirement (Min.) (Max.)
Chlorine.Total Residual(For Sample
Disinfection) Measurement
PARM Code 50060 A Permit 1.0 mg/L Continuous Meter
Mon.Site No.EFA-1 Requirement (Min.)
Chlorine.Total Residual(For Sample
Dechlorination) Measurement
PARM Code 50060 1 Permit 0.01 mg/L Daily:24 hours Grab
Mon.Site No.EFD-1 Requirement (Max.)
Nitrogen.Total Sample
Measurement
FARM Code 00600 A Permit 20.0 10.0 8.0 mg/L Weekly 16-hr FPC
Mon.Site No.EFA-1 Requirement (Max.) (Max.Wk.Ave.) (Mo.Avg.)
Nitrogen.Total Sample
Measurement
FARM Code 00600 I Permit 10,755 m/yr Weekly Calculated
Mon.Site No.EFD-1 Requirement (An.Total)
Phosphorus.Total(as P) Sample
Measurement
PARM Code 00665 A Permit 2.0 1.0 0.75 mg/L Weekly 16-hr FPC
Mon.Site No.EFA-1 Requirement (Max.) (Max.Wk.Avp.) (Mo.Avg.)
Phosphorus.Total(as P) Sample
Measurement
PARM Code 00665 1 Permit 790 1b/yr Weekly Calculated
Mon.Site No.EFD-1 Requirement (An.Total)
Oxygen.Dissolved(DO) Sample
Measurement
PARM Code 00300 I Permit 5.0 mg/L Daily:24 hours Grab
Mon.Site No.EFD-1 Requirement (Min.)
Enterococci Sample
Measurement
PARM Code 31639 A Permit 35 104 #/100mL 5 Days/Month Grab
Mon.Site No.EFA-1 Requirement (Mo.Geo.Mn.) (Max.)
14
ISSUANCE/REISSUANCE DATE: June 1,2017
DMR EFFECTIVE DATE:August 1, 2017-Permit expiration DEP Form 62-620.910(10),Effective Nov.
29,1994
DEP vs.City of Cape Canaveral
Consent Order,OGC No.18-0916
Page 15 DISCHARGE MONITORING REPORT-PART A(Continued)
FACILITY: Cape Canaveral WRF MONITORING GROUP D-001 PERMIT NUMBER: FL0020541-010-DW1P
NUMBER:
MONITORING PERIOD From: To:
Parameter Quantity or Loading Units Quality or Concentration Units No. Frequency of Sample Type
Ex. Analysis
Mercury.Total Recoverable Sample
Measurement
PARM Code 71901 I Permit 0.025 ug/L Monthly Grab
Mon.Site No.EFD-1 Requirement (Max.)
LC50 STATRE 96HOUR ACUTE Sample
Ceriodaphnia dubia(Routine) Measurement
PARM Code TAN3B P Permit 100 percent Annually 4 grabs/24 hr.
Mon.Site No.EFD-1 Requirement (Min.)
LC50 STATRE 96HOUR ACUTE Sample
Ceriodaphnia dubia(Additional) Measurement
PARM Code TAN3B Q Permit 100 percent As needed As required by
Mon.Site No.EFD-1 Requirement (Min.) the permit
LC50 STATRE 96HOUR ACUTE Sample
Ceriodaphnia dubia(Additional) Measurement
PARM Code TAN3B R Permit 100 percent As needed As required by
Mon.Site No.EFD-1 Requirement (Min.) the permit
LC50 STATRE 96HOUR ACUTE Sample
Cyprinella leedsi(Routine) Measurement
PARM Code TAN6H P Permit 100 percent Annually 4 grabs/24 hr.
Mon.Site No.EFD-1 Requirement (Min.)
LC50 STATRE 96HOUR ACUTE Sample
Cyprinella leedsi(Additional) Measurement
PARM Code TAN6H Q Permit 100 percent As needed As required by
Mon.Site No.EFD-1 Requirement (Min.) the permit
LC50 STATRE 96HOUR ACUTE Sample
Cyprinella leedsi(Additional) Measurement
PARM Code TAN6H R Permit 100 percent As needed As required by
Mon.Site No.EFD-1 Requirement (Min.) the permit
Flow(total through facility) Sample
Measurement
PARM Code 50050 P Permit 1.80 MGD Continuous Flow Totalizer
Mon.Site No.FEW-1 Requirement (An.Avp.)
Flow(total through facility) Sample
Measurement
PARM Code 50050 Q Permit Report Report MGD Continuous Flow Totalizer
Mon.Site No.FLW-1 Requirement (Qt.Avg.) (Mo.Avg.)
Percent Capacity.(TMADF/ Sample
Permitted Capacity)x 100 Measurement
PARM Code 00180 P Permit Report patent Monthly Calculated
Mon.Site No.CAL-1 Requirement (Mo.Avg.)
15
ISSUANCE/REISSUANCE DATE:June 1,2017
DMR EFFECTIVE DATE:August 1,2017-Permit expiration DEP Form 62-620.910(10),Effective Nov.
29,1994
DEP vs.City of Cape Canaveral
Consent Order,OGC No.18-0916
Page 16 DISCHARGE MONITORING REPORT-PART A(Continued)
FACILITY: Cape Canaveral WRF MONITORING GROUP D-001 PERMIT NUMBER: FL0020541-010-DW1P
NUMBER:
MONITORING PERIOD From: To:
Parameter Quantity or Loading Units Quality or Concentration Units No. Frequency of Sample Type
Ex. Analysis
BOD.Carbonaceous 5 day, 20C Sample
(Influent) Measurement
PARM Code 80082 Y Permit Report mg/L Weekly 16-hr FPC
Mon.Site No.INF-1 Requirement (An.Avg.)
SOD.Carbonaceous 5 day, 20C Sample
(Influent) Measurement
PARM Code 80082 G Permit Report mg/L \Veekly 16-hr FPC
Mon.Site No.INF-I Requirement (Mo.Avu.)
Solids.Total Suspended(Influent) Sample
Measurement
PARM Code 00530 G Permit Report mg/L \Veekly 16-hr FPC
Mon.Site No.INF-I Requirement (An.Avg.)
Solids.Total Suspended(Influent) Sample
Measurement
PARM Code 00530 P Permit Report mg/L Weekly 16-hr FPC
Mon.Site No.INF-I Requirement (Mo.Avg.)
16
ISSUANCE/REISSUANCE DATE:June 1,2017
DMR EFFECTIVE DATE:August 1,2017-Permit expiration DEP Form 62-620.910(10),Effective Nov.
29,1994
DEP vs.City of Cape Canaveral
Consent Order,OGC No.184)916
Page 17 DEPARTMENT OF ENVIRONMENTAL.PROTECTION DISCHARGE MONITORING REPORT-PART A
When Completed submit this report to: http://www.fldepportal.com/go
PERMITTEE NAME: Cape Canaveral.City of PERMIT NUMBER: FL0020541-010-DW1P Expiration Dale May 31.2022
MAILING ADDRESS: 601 Thurm Blvd
Cape Canaveral.Florida 32920 LIMIT: Final REPORT FREQUENCY: Monthly
CLASS SIZE: MI PROGRAM: Domestic
FACILITY: Cape Canaveral WRF MONITORING GROUP NUMBER: R-001
LOCATION: 601 Thurm Blvd MONITORING GROUP DESCRIPTION: R001-Public Access Reuse
Cape Canaveral.FL 32920-4316 RE-SUBMITTED DMR: ❑
NO DISCHARGE FROM SITE: ❑
COUNTY: Brevard MONITORING PERIOD From: To:
OFFICE: Central District
Parameter Quantity or Loading Units Quality or Concentration Units No. Frequency of Sample Type
Ex. Analysis
Flow(Total flow to pub access) Sample
Measurement
PARM Code 50050 Y Permit 1.45 MGD Continuous Flow Totalizer
Mon.Site No.FLW-3 Requirement (An.Avg.)
Flow(Total flow to pub access) Sample
Measurement
PARM Code 50050 1 Permit Report MEM Continuous Flow Totalizer
Mon.Site No.FLW.3 Requirement (Mo.Avg.)
BOD, Carbonaceous 5 day, 20C Sample
Measurement
PARM Code 80082 Y Permit 20.0 mg/L Weekly 16-hr FPC
Mon.Site No.EFA-1 Requirement (An.Avg.)
BOD, Carbonaceous 5 day, 20C Sample
Measurement
PARM Code 80082 A Permit 60.0 45.0 30.0 mg/L Weekly 16-hr FPC
Mon.Site No.EFA-1 Requirement (Max.) (Max.Wk.Avg.) (Mo.Avg.)
Solids.Total Suspended Sample
Measurement
PARM Code 00530 B Permit 5.0 mg/L 4Days/Week Grab
Mon.Site No.EFB-I Requirement (Max.)
Coliform.Fecal Sample
Measurement
PARM Code 74055 A Permit 25 #/100mL 4 Days/Week Grab
Mon.Site No.EFA-1 Requirement (Max.)
I certify under penalty of law that this document and elI 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 on 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.
NAME/TITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO DATE mm/dd/yyyy
COMMENT AND EXPLANATION OF ANY VIOLATIONS(Reference all attachments here):
17
ISSUANCE/REISSUANCE DATE:June 1,2017
DMR EFFECTIVE DATE:August 1,2017-Permit expiration DEP Form 62-620.910(10),Effective Nov.
29,1994
DEP vs.City of Cape Canaveral
Consent Order,OGC No.18-0916
Page 18 DISCHARGE MONITORING REPORT-PART A(Continued)
FACILITY: Cape Canaveral WRF MONITORING GROUP R-001 PERMIT NUMBER:FL0020541-010-DW1P
NUMBER:
MONITORING PERIOD From: To:
Parameter Quantity or Loading Units Quality or Concentration Units No. Frequency of Sample Type
Ex. Analysis
Coliform.Fecal. %less than Sample
detection Measurement
PARM Code 51005 A Permit 75 percent 4 Days/Week Calculated
Mon.Site No.EFA-1 Requirement (Min.Mo.Total)
pH Sample
Measurement
PARM Code 00400 A Permit 6.0 8.5 s.u. Continuous Meter
Mon.Site No.EFA-1 Requirement (Mitt.) (Max.)
Chlorine,Total Residual(For Sample
Disinfection) Measurement
PARM Code 50060 A Permit 1.0 mg/L Continuous Meter
Mon.Site No.EFA-I Requirement (MM.)
Turbidity Sample
Measurement
PARM Code 00070 B Permit Report NTU Continuous Meter
Mon.Site No.EFB-I Requirement (Max.)
Nitrogen.Total Sample
Measurement
FARM Code 00600 Y Permit Report mg/L Monthly Grab
Mon.Site No.EFA-I Requirement (An.Avg)
Nitrogen.Total Sample
Measurement
FARM Code 00600 A Permit Report mg/L Monthly Grab
Mon.Site No.EFA-I Requirement (Max.)
Phosphorus.Total(as P) Sample
Measurement
FARM Code 00665 Y Permit Report mg/L Monthly Grab
Mon.Site No.EFA-1 Requirement (An.Avg)
Phosphorus.Total(as P) Sample
Measurement
PARM Code 00665 A Permit Report mg/L Monthly Grab
Mon.Site No.EFA-1 Requirement (Max.)
18
ISSUANCE/REISSUANCE DATE:June 1,2017
DMR EFFECTIVE DATE:August 1,2017-Permit expiration DEP Form 62-620.910(10),Effective Nov.
29,1994
DEP vs.City of Cape Canaveral
Consent Order,OGC No.18-0916
Page 19 DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT-PART A
When Completed submit this report to: http://www.fldepportal.com/go
PERMITTEE NAME: Cape Canaveral.City of PERMIT NUMBER: FL0020541-010-DW1P Expiration Date May 31, 2022
MAILNG ADDRESS: 601 Thurm Blvd
Cape Canaveral.Florida 32920 LIMIT: Final REPORT FREQUENCY: Monthly
CLASS SIZE: MI PROGRAM: Domestic
FACILITY: Cape Canaveral WRF MONITORING GROUP NUMBER: RMP-Q
LOCATION: 601 Thurm Blvd MONITORING GROUP DESCRIPTION: Biosolids Quantity
Cape Canaveral.FL 32920-4316 RESUBMITTED DMR: ❑
NO DISCHARGE FROM SITE: ❑
COUNTY: Brevard MON IT'ORINGPERIOD From: To:
OFFICE: Central District
Parameter Quantity or Loading Units Quality or Concentration Units No. Frequency of Sample Type
Ex. Analysis
Biosolids Quantity(Landfilled) Sample
Measurement
PARM Code B0008 + Permit Report dry tons Monthly Calculated
Mon.Site No.RMP-1 Requirement (Mo.Total)
I certify under penalty of lar 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 on 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.
NAME/TITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO DATE (mm/dd/yyyy)
COMMENT AND EXPLANATION OF ANY VIOLATIONS(Reference all attachments here):
ISSUANCE/REISSUANCE DATE:June 1,2017
DMR EFFECTIVE DATE:August 1, 2022-Permit expiration DEP Form 62-620.910(10),Effective Nov.
29,1994
DEP vs.City of Cape Canaveral
Consent Order,OGC No.18-0916
Page 20 DAILY SAMPLE RESULTS- PART B
Permit Number: FL0020541-010-DW1P Facility: Cape Canaveral WRF
Monitoring Period From: To:
BOD, Chlorine, Coliform, Enterococci Nitrogen, Phosphorus, Solids,Total pH pH Solids, Total Turbidity
Carbonaceous Total Fecal #/100mL Total Total(as P) Suspended s.u. s.u. Suspended NTU
5 day,20C Residual #/100mL mg/L mg/L mg/L (Min.) (Max.) mg/L
mg/L (For
Disinfection)
mg/L
Code 80082 50060 74055 31639 00600 00665 00530 00400 00400 00530 00070
Mon.Sue EFA-1 EFA-1 EFA-1 EFA-1 EFA-1 EFA-1 EFA-1 EFA-1 EFA-1 EFB-1 EFB-1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Total
Mo.Avg.
PLANT STAFFING:
Day Shift Operator Class: Certificate No: Name:
Evening Shift Operator Class: Certificate No: Name:
Night Shift Operator Class: Certificate No: Name:
Lead Operator Class: Certificate No: Name:
20
DEP vs.City of Cape Canaveral
Consent Order,OGC No.18-0916
Page 21
DAILY SAMPLE RESULTS- PART B
Permit Number: FL0020541-010-DW1P Facility: Cape Canaveral WRF
Monitoring Period From: To:
Chlorine,Total Mercury, Oxygen, pH Flow(total Flow(to Flow(Total BOD, Solids,Total
Residual(For Total Dissolved s.u. through Banana River) flow to pub Carbonaceous Suspended
Dechlorination) Recoverable (DO) facility) MGD access) 5 day,20C (Influent)
mg/L ug/L mg/L MGD MGD (Influent) mg/L
mg/L
Code 1 50060 71901 00300 00400 01050 50050 50050 80082 00530
Mon Site EFD-1 EFD-1 EFD-1 E-FD-1 FLW-1 FLW-2 FLW-3 INF-1 INF-1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Total
Mo.Avg.
PLANT STAFFING:
Day Shift Operator Class: Certificate No: Name:
Evening Shift Operator Class: Certificate No: Name:
Night Shift Operator Class: Certificate No: Name:
Lead Operator Class: Certificate No: Name:
21
GROUNDWATER MONITORING REPORT-PART D
Facility Name: Cape Canaveral WRF Monitoring Well ID: MWB-1
Permit Number: FL0020541-010-DW1P Well Type: Background Report Frequency: Quarterly
County: Brevard Description: Cape Canaveral Reuse Program: Domestic
MWB-1ackground
Office: Central District Re-submitted DMR: ❑
Monitoring Period From: To: Date Sample Obtained:
Time Sample Obtained:
Was the well purged before sampling? _Yes_No
Parameter PARM Code Sample Permit Units Sample Type Frequency of Analysis Detection Limits Analysis Method Sampling Samples
Measurement Requirement Equipment Used Filtered
(L/F,N)
Water Level Relative to NGVD 82545 Report ft In Situ Quarterly
Nitrogen.Nitrate.Total(as N) 00620 Report mg/L Grab Quarterly
Solids, Total Dissolved(TDS) 70295 Report mg/L Grab Quarterly
Chloride(as CI) 00940 Report mg/L Grab Quarterly
Coliform.Fecal 74055 Report #/100mL Grab Quarterly
pH 00400 Report s.u. In Situ Quarterly
Turbidity 00070 Report NTU Grab Quarterly
Trihalomethane.Total by summation 82080 Report ug/L Grab Quarterly
Bis 12-ethylhexygphthalate 39100 Report mg/L Grab Quarterly
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 on 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 dray 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.
NAME.TITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO DATE(mm/dd/yyyy)
COMMENTS AND EXPLANATION(Reference all attachments here):
22
GROUNDWATER MONITORING REPORT-PART D
Facility Name: Cape Canaveral WRF Monitoring Well ID: MWC-2
Permit Number: FL0020541-010-DW1P Well Type: Compliance Report Frequency: Quarterly
County: Brevard Description: Cape Canaveral Reuse Program: Domestic
MWC-2 compliance |
Office: Central District Re-submitted DMR: ❑
Monitoring Period From: To: Date Sample Obtained:
Time Sample Obtained:
Was the well purged before sampling? Yes No
Parameter PARM Code Sample Permit Units Sample Type Frequency of Analysis Detection Limits Analysis Method Sampling Samples
Measurement Requirement Equipment Used Filtered
(L/F/N)
Water Level Relative to NGVD 82545 Report ft In Situ Quarterly
Nitrogen.Nitrate.Total(as N) 00620 10 mg/L Grab Quarterly
Solids, Total Dissolved(TDS) 70295 500 mg/L Grab Quarterly
Chloride(as CI) 00940 250 mg/L Grab Quarterly
Coliform.Fecal 74055 4 #100mL Grab Quarterly
pH 00400 6.5-8.5 s.u. In Situ Quarterly
Turbidity 00070 Report NTU Grab Quarterly
Trihalomethanc.Total by summation 82080 80 ug/L Grab Quarterly
Bis(2-ethylhesvI)phthalate 39100 0.006 mg/L Grab Quarterly
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 on 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. T am aware that there are significant penalties for submitting false information.including the possibility of fine and imprisonment for knowing violations.
NAME/TITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO DATE(mm/dd/yyyy)
COMMENTS AND EXPLANATION(Reference all attachments here):
23
INSTRUCTIONS FOR COMPLETING THE WASTEWATER DISCHARGE MONITORING REPORT
Read these instructions before completing the DMR. Hard copies andmr electronic copies of the required parts of the DMR were provided with the permit. All required information shall be completed in full and typed or printed in
ink. A signed.original DMR shall be mailed to the address printed on the DMR by the 28th of the month following the monitoring period. Facilities who submit their DMR(s)electronically through eDMR do not need to submit a
hardcopy DMR.The DMR shall not be submitted before the end of the monitoring period.
The DMR consists of three pans—A,B.and D—all of which may or may not be applicable to every facility.Facilities may have one or more Part A's for reporting effluent or reclaimed water data. All domestic wastewater facilities
will have a Pan B for reporting daily sample results. Part D is used for reporting ground water monitoring well data.
When results are not available,the following codes should be used on pans A and D of the DMR and an explanation provided where appropriate.Note:Codes used on Pan B for raw data are different.
CODE DESCRIPTION/INSTRUCTIONS CODE DESCRIPTION,INSTRUCTIONS
ANC Analysis not conducted. NOD No discharge from/to site.
DRY Dry Well OPS Operations were shutdown so no sample could be taken.
FLD Flood disaster. OTH Other. Please enter an explanation of why monitoring data were not available.
IFS Insufficient flow for sampling. SEF Sampling equipment failure.
LS Lost sample.
MNR Monitoring not required this period.
When reporting analytical results that fall below a laboratory's reported method detection limits or practical quantification limits.the following instructions should be used.unless indicated otherwise in the permit or on the DMR:
1. Results greater than or equal to the PQL shall be reported as the measured quantity.
2. Results less than the PQL and greater than or equal to the MDL shall be reported as the laboratory's MDL value.These values shall be deemed equal to the MDL when necessary to calculate an average for that parameter
and when determining compliance with permit limits.
3. Results less than the MDL shall be reported by entering a less than sign("<")followed by the laboratory's MDL value, e.g. < 0.001.A value of one-half the MDL or one-half the effluent limit,whichever is lower,shall be
used for that sample when necessary to calculate an average for that parameter. Values less than the MDL are considered to demonstrate compliance with an effluent limitation.
PART A-DISCHARGE MONITORING REPORT(DMR)
Part A of the DMR is comprised of one or more sections.each having its owa header information. Facility information is preprinted in the header as well as the monitoring group number,whether the limits and monitoring requirements
are interim or final,and the required submittal frequency(e.g.monthly.annually.quarterly.etc.).Submit Part A based on the required reporting frequency in the header and the instructions shown in the permit.The following should
be completed by the permittee or authorized representative:
Resubmitted DMR:Check this box if this DMR is being re-submitted because there was information musing from or information that needed correction on a previously submitted DMR.The information that is being revised should
be clearly noted on the re-submitted DMR(e.g.highlight,circle.etc.)
No Discharge From Site:Check this box if no discharge occurs and,as a result,there are no data or codes to be entered for all of the parameters on the DMR for the entire monitoring group number:however,if the monitoring group
includes other monitoring locations(e.g..influent sampling),the"NOD"code should be used to individually denote those parameters for which there was no discharge.
Monitoring Period:Enter the month,day.and year for the first and last day of the monitoring period(i.e.the month.the quarter,the year,etc.)during which the data on this report were collected and analyzed.
Sample Measurement:Before filling in sample measurements in the table,check to see that the data collected correspond to the limit indicated on the DMR(i.e.interim or final)and that the data correspond to the monitoring group
number in the header.Enter the data or calculated results for each parameter on this row in the non-shaded area above the limit. Be sure the result being entered corresponds to the appropriate statistical base code(e.g.annual average.
monthly average,single sample maximum.etc.)and units. Data qualifier codes arc not to be reported on Part A.
No,Ex.: Enter the number of sample measurements during the monitoring period that exceeded the permit limit for each parameter in the non-shaded area. If none.enter zero.
Frequency of Analysis:The shaded areas in this column contain the minimum number of times the measurement is required to be made according to the permit.Enter the actual number of times the measurement was made in the
space above the shaded area.
Sample Type:The shaded areas in this column contain the type of sample(e.g.grab.composite.continuous)required by the permit.Enter the actual sample type that was taken in the space above the shaded area.
Signature: This report must be signed in accordance with Rule 62-620.305,F.A.C. Type or print the name and title of the signing official. Include the telephone number where the official may be reached in the event there are
questions concerning this report.Enter the date when the report is signed.
Comment and Explanation of Any Violations:Use this area to explain any exceedances,any upset or by-pass events,or other items which require explanation. If more space is needed,reference an attachments in this area.
24
PART B-DAILY'SAMPLE RESULTS
Monitoring Period:Enter the month.day.and year for the first and last day of the monitoring period(i.e.the month.the quarter.the year.etc.)during which the data on this report were collected and analyzed.
Daily Monitoring Results:Transfer all analytical data from your facility's laboratory or a contract laboratory's data sheets for all(layis)that samples were collected. Record the data in the units indicated.Table 1 in Chapter 62.160.
F.A.C..contains a complete list of all the data qualifier codes that your laboratory may use when reporting analytical results.However.when transferring numerical results onto Part B of the DMR.only the following data qualifier
codes should be used and an explanation provided where appropriate.
CODE DESCRIPTION/INSTRUCTIONS
< The compound was analyzed for but not detected.
A Value reported is the mean(average)of two or more determinations.
J Estimated value.value not accurate.
Q Sample held beyond the actual holding time.
Y Laboratory analysis was from an unpreserved or improperly preserved sample.
To calculate the monthly average,add each reported value to get a total. For flow, divide this total by the number of days in the month. For all other parameters, divide the total by the number of observations.
Plant Staffing:List the name,certificate number,and class of all slate certified operators operating the facility during the monitoring period. Use additional sheets as necessary.
PART D-GROUND WATER MONITORING REPORT
Monitoring Period:Enter the month, day, and year for the first and last day of the monitoring period(i.e.the month, the quarter, the year, etc.) during which the data on this report were collected and analyzed.
Date Sample Obtained:Enter the date the sample was taken.Also.check whether or not the well was purged before sampling.
Time Sample Obtained:Enter the time the sample was taken.
Sample Measurement:Record the results of the analysis.If the result was below the minimum detection limit.indicate that.Data qualifier codes are not to be reposed on Part D.
Detection Limits:Record the detection limits of the analytical methods used.
Analysis Method:Indicate the analytical method used. Record the method number from Chapter 62-160 or Chapter 62-601.F.A.C..or from other sources.
Sampling Equipment Used:Indicate the procedure used to collect the sample(e.g.airlift.bucket bailer,centrifugal pump.etc.)
Samples Filtered:Indicate whether the sample obtained was filtered by laboratory(1.1.filtered in field(F).or unfiltered(N).
Signature: This report must be signed in accordance with Rule 62-620.305.F.A.C. Type or print the name and title of the signing official. Include the telephone number where the official may be reached in the event there are
questions concerning this report. Enter the date when the report is signed.
Comments and Explanation:Use this space to make any comments on or explanations of results that are unexpected. If more space is needed.reference all attachments in this arca.
SPECIAL INSTRUCTIONS FOR LIMITED WET WEATHER DISCHARGES
Flow(Limited Wet Weather Discharge):Enter the measured average flow rate during the period of discharge or divide gallons discharged by duration of discharge(converted into days). Record in million gallons per day(MGD).
Flow(Upstream):Enter the average flow rate in the receiving stream upstream from the point of discharge for the period of discharge. The average flow rate can be calculated based on two measurements:one made at the start and
one made at the end of the discharge period. Measurements are to be made at the upstream gauging station described in the permit.
Actual Stream Dilution Ratio:To calculate the Actual Stream Dilution Ratio.divide the average upstream flow rate by the average discharge flow rate. Enter the Actual Stream Dilution Ratio accurate to the nearest 0.1.
No.of Days the SDF>Stream Dilution Ratio: For each day of discharge.compare the minimum Stream Dilution Factor(SDF)from the permit to the calculated Stream Dilution Ratio.On Part B of the DMR.enter an asterisk(*)
if the SDF is greater than the Stream Dilution Ratio on any day of discharge. On Part A of the DMR.add up the days with an"•"and record the total number of days the Stream Dilution Factor was greater than the Stream Dilution
Ratio.
CBOD.: Enter the average CBOD,of the reclaimed water discharged during the period shown in duration of discharge.
TKN: Enter the average TION of the reclaimed water discharged during the period shown in duration of discharge.
Actual Rainfall:Enter the actual rainfall for each day on Part B. Enter the actual cumulative rainfall to date for this calendar year and the actual total monthly rainfall on Pan A. The cumulative rainfall to date for this calendar year
is the total amount of rain.in inches.that has been recorded since January I of the current year through the month for which this DMR contains data.
Rainfall During Average Rainfall Year-On Part A.enter the total monthly rainfall during the average rainfall year and the cumulative rainfall for the average rainfall year.The cumulative rainfall for the average rainfall year is the
amount of rain,in inches.which fell during the average rainfall year from January through the month for which this DMR contains data.
No.of Days LWWD Activated During Calendar Year: Enter the cumulative number of days that the limited wet weather discharge was activated since January 1 of the current year.
Reason for Discharge:Attach to the DMR a brief explanation of the factors contributing to the need to activate the limited wet weather discharge.
25
Exhibit B
P2 Project Plan (Plan)
(Note: Provide the information specified and delete existing text within parentheses)
(Facility Name)
(Address)
(Telephone)
(Prepares Name/Title)
A. Project Description: (Summarize P2 Projects selected. Describe the processes or
operations to be modified, and the specific changes to be made. Include details such as the
specific equipment to be installed, materials to be substituted, and the actual changes to be
made to processes or operations. Include manufacturer or vendor information, and
specifications.)
B. Environmental and Economic Benefits: (Explain why and how each Project
proposed constitutes P2.
Specify how each material, chemical,water and energy is saved, and from which processes
or operations. Specify how each solid and hazardous waste, industrial wastewater and air
emissions are generated, the waste type, and from which processes or operations. Describe
generally in paragraph format.
Estimate the annual savings in resources - raw materials, chemicals, water, and energy at
the process or operation front end. Estimate the annual reductions in wastes - solid and
hazardous waste, wastewater, and air emission reductions at the process or operation back
end.
Figures quoted should represent weights or volumes annually, and should be equalized for
production rate changes. Associated cost savings should be included. Describe
specifically using the tables provided.
Complete the first table for each per Project individually. Add or average corresponding
figures from each Project table to complete the Plan table,for multiple Projects.)
(Project Name)
Annual Resource Consumption Comparison
Quantity Used(gal/lb/kwh-specify) Purchasing Cost($) Percent
Item Before After Reduction Before After Reduction (%)
Reduction
Water
Chemicals
Materials
Energy
Total Annual Cost Savings=
Annual Waste Generation Comparison
Quantity Generated (gal/lb/tons-
Item speeif ) Disposal Cost($)
Percent
(%)
Before After Reduction Before After Reduction Reduction
Hazardous Waste
Industrial Wastewater
Solid Waste
Air Emissions
Total Annual Cost Savings=
Total Annual Avoided Cost Savings=
Summary of All P2 Projects
Annual Resource Consumption Comparison
Quantity Used(gal/lb/kwh-specify) Purchasing Cost($) Percent
Item (%)
Before After Reduction Before After Reduction Reduction
Water
Chemicals
Materials
Energy
Total Annual Cost Savings=
Annual Waste Generation Comparison
Quantity Generated (gal/lb/tons- Percent
Item specify) Disposal Cost($) (%)
Before After Reduction Before After Reduction Reduction
Hazardous Waste
Industrial Wastewater
Solid Waste
Air Emissions
Total Annual Cost Savings=
Total Annual Avoided Cost Savings=
C. Project Cost: (Include per Project the itemized, subtotal and Project total costs. A
projected payback period in months or years needs to be included.
Provide a grand total cost for all Projects and an averaged projected payback period,for
multiple Projects. Use list or table format for all.)
D. Implementation Schedule: (Provide a brief discussion of the steps necessary to
implement the Projects and expected time frames for completion. A table or list format is
preferred. The schedule shall include a list of milestones with dates, or timeframes based
on Plan approval date, including Progress and Final Report submittals. Provide a
description of any anticipated problems and options. The implementation should take no
longer than six months to complete.)
2
E. Project Reporting:
1. Within 90 days of approval of the Project Plan, the Respondent shall submit
a P2 Project Progress Report to the Department that describes the Respondent's progress in
implementing the P2 Project and meeting the requirements in the Plan, and includes a list of
equipment ordered,purchased, and/or installed.
2. Within 180 days of approval of the Plan,the Respondent shall submit to the
Department a P2 Project Final Report that includes the following.
a. A confirmation that the information presented in Sections A-C of the
Summary is unchanged, or an updated version with the sections changed appropriately. A
statement that the Project(s) was/were implemented successfully. An explanation of any
problems encountered and corrections applied.
b. Attached expense reports,receipts,purchasing instruments and other
documents itemizing costs expended on preparing and implementing the Project.
3. The Department shall review the Final Report and determine:
a. Whether the project was properly implemented; and
b. Which expenses apply toward pollution prevention credits.
4. A $1.00 pollution prevention credit for each $1.00 spent on applicable costs
will be applied against the portion of the civil penalty that can be offset.
a. The following costs are allowable to offset the allowable amount of
the civil penalty:
i. Preparation of the P2 Project;
ii. Design of the P2 Project;
iii. Installation of equipment for the P2 Project;
iv. Construction of the P2 Project;
v. Testing of the P2 Project;
vi. Training of staff concerning the implementation of the P2 Project; and
vii. Capital equipment needed for the P2 Project.
b. The following costs shall not apply toward P2 credit:
i. Costs incurred in conducting a waste audit;
ii. Maintenance and operation costs involved in implementing the P2 Project;
iii. Monitoring and reporting costs;
iv. Salaries of employees who perform their job duties;
v. Costs expended to bring the facility into compliance with current law, rules and
regulations;
vi. Costs associated with a P2 Project that is not implemented;
vii. Costs associated with a P2 Project that has not been approved by the
Department; and
viii. Legal costs.
c. If any balance remains after the entire P2 credit is applied to the
allowable portion of the civil penalty, Respondent shall pay the difference within 30 days of
written notification by the Department to the Respondent that the balance is due.
5. The Department may terminate the P2 Project at any time during the
development or implementation of it, if the Respondent fails to comply with the
requirements in this document, act in good faith in preparing and implementing the project,
or develop and implement the P2 Project in a timely manner. The Respondent may
terminate the P2 Project at any time during its development or implementation.
EXHIBIT B
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Pollution Prevention Project
A. Introduction
1. Pollution Prevention(P2) is a process improvement that reduces
the amount of pollution that enters the environment by conserving resource
(including water,raw materials,chemicals,and energy)use,or by reducing
waste(including domestic and industrial wastewater,solid and hazardous
waste,and air emissions). A P2 project must reduce pollution or waste within
the process beyond what is required by federal,state,or local law,in order to be
eligible for civil penalty offset under this Consent Order. For every creditable
$1.00 spent on the Department approved P2 project, the Respondent shall receive
a credit of $1.00 against the portion of the civil penalty that can be offset.
Whereas P2 projects are evaluated on the basis of the amount of pollution they
eliminate,P2 projects usually have the added benefit of reducing production and
disposal costs and regulatory oversight.
2. A P2 project can be classified as source reduction,waste
minimization,and on-site recycling. Source reduction provides the greatest P2
benefit,while on-site recycling provides the least. These categories are defined
further below.
3. Because P2 projects must be designed to reduce waste at the
facility,P2 projects do not include projects that involve off-site recycling. In
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addition,P2 projects do not involve treatment prior to discharge, or disposal by
landfilling or incineration.
B. Source Reduction: A source reduction project replaces materials or
processes that produce pollution with materials or processes that cause less
pollution. The ideal situation is to produce goods or services with no pollution.
Source reduction has the most benefit for the environment among the P2 project
options and usually requires the greatest change in the production process.
C. Waste Minimization: A waste minimization project reduces the
generation of unusable by-products(air emissions,wastewater,or solid or liquid
wastes). Waste minimization strategies involve reducing resource use and
minimizing waste generation on site that result in a net decrease in the release of
chemicals to the environment.
D. On-Site Recycling: On-site recycling projects reuse materials that are the
source of pollution. Process materials are reused directly or indirectly in the
original or some other process within the facility.
E. Approval Process
1. In order to adequately evaluate the P2 project options, the
Department must understand the facility processes,material use,waste streams,
options available,projects proposed,and estimated waste and cost savings.
2. The P2 project is typically implemented in a five-step process.
First,the Respondent must prepare and obtain the approval of a P2 Opportunity
Assessment(Assessment). Second,the Respondent must prepare and obtain the
2
approval of a P2 Project Plan (Project Plan) based upon the findings in the
Assessment. Third,the Respondent must construct or implement the approved
Project Plan. Fourth, the Respondent must submit a P2 Final Report(Final
Report) to the Department that summarizes the P2 modifications or
improvements,benefits,and allowable costs. Finally, the Department approves
or disapproves the offset of the penalty. All of these steps and the timeframes
are discussed in detail below.
F. Opportunity Assessment
1. Within 30 days of the effective date of this Consent Order, the
Respondent shall submit an Assessment to the Department for review and
approval. The Assessment provides the basis for identifying,comparing,and
evaluating P2 opportunities at the facility. The Assessment should be divided
into two sections:
a. An audit of current facility practices and their associated
waste streams,that shall identify where improvements can be made and provide
a baseline for measuring changes,and
b. A complete evaluation of all available options for
improvement regardless of their feasibility, a feasibility determination and an
environmental determination of acceptable options. These options are then
evaluated for economic and technical practicality,and environmental benefit.
2. The Assessment shall include a table by which all the processes can
be compared. The table shall include brief descriptions of the processes,P2
3
options,resources consumed,waste streams,and P2 benefits. The table shall be
supplemented by more in-depth descriptions that will allow the Department to
evaluate the P2 options for each process. Because the P2 project will be
evaluated by the amount of pollutants removed from the environment, the
comparative units shall be in weight per unit time or volume per unit time.
Concentrations are not appropriate units. The time unit used to calculate the
amount of pollutants removed should be sufficiently large to average out
abnormalities. All waste should be considered,including solid and hazardous
wastes,wastewater,and air emissions. Raw materials,water,chemicals,and
energy use should be similarly examined.
3. The Current Facility Practices section of the Assessment shall include:
a. Location and name of the facility and a brief description of what
is done there;
b. Contact information for personnel who provided information,
analysis,background data,or expertise for the Assessment;
c. Identification and description of processes or operations
producing waste streams;
d. Mass balances that identify and quantify input materials for each
process,materials consumed during each process,and waste streams produced
from each process;
e.Simple flow charts or diagrams for each process;and
f. Supporting documentation such as waste profile sheets.
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4. The Improvement Options Evaluation section of the Assessment shall
include a comprehensive list of the following P2 options and their corresponding
considerations for each process that produces a waste stream:
a. Process Elimination-Can an acceptable product be achieved
without this process?
b. Process Substitution-Can an acceptable product be achieved
with a cleaner process?
c. Input Material Substitution-Can a less polluting chemical or
substance be used in the process?
d. Waste Reduction-Can the process be run with less waste?
e. In-process Recycling/Reuse-Can used process materials be used
instead of virgin materials in the same process?
f. Out-process Recycling/Reuse-Can used process materials,
instead of virgin materials,be reused in another process within the facility?
g. Waste Segregation-Will the segregation of wastes result in any
usable waste products?
h. Improved Maintenance-Can facility operations be run more
efficiently with improved equipment maintenance?
i. Improved Operational Procedures and/or Scheduling-Will
improving facility operational procedures and/or scheduling reduce the
generation of waste?
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j. Improved Equipment Layout,Piping and or Automation-Will
upgrading facility process equipment reduce the generation of waste?
5. The Pollution Prevention Opportunity Assessment section of the
Assessment shall also consider and record all P2 options. This consideration
shall include:
a. A description of each process;
b. A description of any P2 option considered for each process;
c. The technical feasibility of each P2 option;
d.The approximate cost of implementing process modifications or
changes;
e. A quantitative description of the materials and wastes to be
reduced;
f. A quantitative description of any waste streams that will increase;
g. Other benefits such as economic return;and
h.Supporting documentation such as Material Safety data Sheets
(MSDSs),material purchasing and use records,waste stream analytical test
results,recycling,treatment or disposal records,or vendor information on
proposed new equipment.
6. The Department will review the Assessment and either approve or
disapprove with comments. If the Department disapproves the Assessment,the
Respondent shall resubmit the Assessment that is responsive to the comments. If
after one re-submittal the Assessment is not approved or if the Respondent does
6
not resubmit, the Respondent shall pay the balance of the allowable amount of
the civil penalty in accordance with the Consent Order.
G. P2 Project Plan
1. Within 60 days of approval of the Assessment, the Respondent shall
submit a detailed P2 Project Plan based on the approved Assessment,
particularly section II,Pollution Prevention Opportunity Assessment. The
Project Plan shall describe in detail the current operation of the particular process
that will be part of the P2 Project. The process description will aid in the P2
Project's design and provide a benchmark for measuring the P2 Project's success.
The Project Plan shall include four sections: background information,project
description,environmental and economic benefits,and a schedule for
implementation.
2. The Background section of the Project Plan shall include the
following:
a. Flow diagram of the process;
b. Mass balance of the process;and
c. Current operating costs including material procurement,
maintenance,operation,utilities,and waste disposal,costs.
3. The Project Description section of the Project Plan shall include the
following:
a. Description of process modification;
b. Any modifications to the flow diagram;
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c. Mass balance for the new process;
d. Itemized costs of implementing the project including the design,
capital equipment,installation, testing, training, and total project cost;
e.Costs of operating and maintaining the project once it is complete;
and
f. Documentation that supports the costs such as vendor literature
and price quotes,research,endorsements:
4. The Environmental and Economic Benefits section of the Project Plan
shall describe in detail for each material use and waste stream eliminated or
reduced,and for each material use and waste stream created or increased:
a. Type of material or waste;
b. Mass(weight or volume)reduction/increase in materials and
wastes per unit time;
c. Mass(weight or volume)reduction/increase in materials and
wastes per unit of production;
d. Method of material re-use/waste management;
e.Expected financial incentives and monetary gains;
f. Supporting documentation.
5. The Schedule for Implementation section of the Project Plan shall
contain a brief discussion of the steps necessary to implement the project and
expected dates of completion. The schedule shall include milestones, anticipated
8
problems and options,and the project completion date. The implementation
should take no longer than six months from approval of the Project Plan.
6. The Department will review the Project Plan and either approve or
disapprove with comments. If the Department disapproves the Project Plan,the
Respondent shall resubmit a Project Plan that is responsive to the comments. If
after one re-submittal the Project Plan is not approved or if the Respondent does
not resubmit, the Respondent shall pay the balance of the allowable amount of
the civil penalty in accordance with the Consent Order.
H. Implementation of the P2 Project Plan: Within 30 days of approval of the
P2 Project Plan, the Respondent shall begin implementation of the P2 Project in
accordance with the approved schedule.
I. Progress and Final Reports
1. Within 90 days of approval of the Project Plan, the Respondent
shall submit a progress report to the Department that describes the Respondent's
progress in implementing the P2 Project and meeting the requirements in the
Project Plan and includes a list of equipment ordered,purchased,and/or
installed.
2. Within 180 days of approval of the Project Plan, the Respondent
shall submit to the Department a Final Report that includes the following:
a. An update on the information required in the Environmental and
Economic Benefits section of Project Plan;
b. A description of the methods used to quantify wastes;
9
c. An expense report,receipts,and other documents itemizing costs
expended on preparing and implementing the project,which are described in
section E below.
3. The Department shall review the Final Report and determine:
a. Whether the project has been implemented in accordance with
the approved P2 Project Plan;and
b. Which expenses apply toward pollution prevention credits.
4. If the P2 Project Plan is approved by the Department and properly
implemented, a$1.00 pollution prevention credit for each$1.00 spent on
applicable costs will be applied against the portion of the civil penalty that can be
offset.
J. Final Accounting and Civil Penalty Offset
1. The following costs are allowable to offset the allowable amount of
the civil penalty:
a. Preparation of the P2 Project;
b. Design of the P2 Project;
c. Installation of equipment for the P2 Project;
d. Construction of the P2 Project;
e. Testing of the P2 Project;
f.Training of staff for the implementation of the P2 Project;and
g. Capital equipment needed for the P2 Project.
2. The following costs shall not apply toward P2 credit:
10
a. Costs incurred in conducting a waste audit;
b. Maintenance and operation costs involved in implementing the
P2 Project;
c. Monitoring and reporting costs;
d.Salaries of employees who perform their job duties;
e. Costs expended to bring the facility into compliance with current
law,rules and regulations;
f. Costs associated with a P2 Project that is not implemented;
g. Costs associated with a P2 Project that has not been approved by
the Department; and
h. Legal costs.
3. If any balance remains after the entire P2 credit is applied to the
allowable portion of the civil penalty, Respondent shall pay the difference within
30 days of written notification by the Department to the Respondent that the
balance is due.
4. The Department may terminate the P2 Project at any time during
the development or implementation of it,if the Respondent fails to comply with
the requirements in this document, act in good faith in preparing and
implementing the project, or develop and implement the P2 Project in a timely
manner. The Respondent may terminate the P2 Project at any time during its
development or implementation.
11
5. If the P2 Project is terminated for any reason,Respondent shall pay
the full balance of the allowable portion of the civil penalty within 30 days of
written demand by the Department.
6. Any public statement,oral or written,in print,film,or other media,
made by Respondent making reference to the P2 Project Plan shall include the
following language,"This project was undertaken in connection with the Florida
Department of Environmental Protection for violations of Florida's
environmental laws."
12
Exhibit C
In-Kind Projects
I. Introduction
An in-kind project
a. Within 60 days of the effective date of this Consent Order, Respondent shall
submit, by certified mail, a detailed in-kind project proposal to the Department for
evaluation. The proposal shall include a summary of benefits,proposed schedule for
implementation and documentation of the estimated costs which are expected to be incurred
to complete the project. These costs shall not include those incurred in developing the
proposal or obtaining approval from the Department for the in-kind project.
b. If the Department requests additional information or clarification due to a
partially incomplete in-kind project proposal or requests modifications due to deficiencies
with Department guidelines, Respondent shall submit,by certified mail, all requested
additional information, clarification, and modifications within 15 days of receipts of written
notice.
c. If upon review of the in-kind project proposal,the Department determines
that the project cannot be accepted due to a substantially incomplete proposal or due to
substantial deficiencies with minimum Department guidelines; Respondent shall be notified,
in writing, of the reason(s)which prevent the acceptance of the proposal. Respondent shall
correct and redress all of the matters at issue and submit,by certified mail, a new proposal
within 30 days of receipt of written notice. In the event that the revised proposal is not
13
approved by the Department, Respondent shall make cash payment of the civil penalties as
set forth in paragraph 9 above, within 30 days of Department notice.
d. Within 120 days of the effective date of this Consent Order, Respondent
shall obtain approval for an in-kind project from the Department. If an in-kind project
proposal is not approved by the Department within 120 days of the effective date of this
Consent Order,then Respondent shall make cash payment of the civil penalties as set forth
in paragraph 9 above, within 30 days of Department notice.
e. Within 180 days of obtaining Department approval for the in-kind proposal
or in accordance with the approved schedule submitted pursuant to paragraph 2(a) above,
Respondent shall complete the entire in-kind project.
f. During the implementation of the in-kind project, Respondent shall place
appropriate sign(s)at the project site indicating that Respondent's involvement with the
project is the result of a Department enforcement action. Respondent may remove the
sign(s) after the project has been completed. However, after the project has been completed
Respondent shall not post any sign(s) at the site indicating that the reason for the project
was anything other than a Department enforcement action.
g. In the event, Respondent fails to timely submit any requested information to
the Department, fails to complete implementation of the in-kind project or otherwise fails to
comply with any provision of this paragraph,the in-kind penalty project option shall be
forfeited and the entire amount of civil penalties shall be due from the Respondent to the
Department within 30 days of Department notice. If the in-kind penalty project is
terminated and Respondent timely remits the$8000.00 penalty,no additional penalties shall
be assessed under paragraph 9 for failure to complete the requirement of this paragraph.
14
h. Within 15 days of completing the in-kind project, Respondent shall notify
the Department,by certified mail, of the project completion and request a verification letter
from the Department. Respondent shall submit supporting information verifying that the
project was completed in accordance with the approved proposal and documentation
showing the actual costs incurred to complete the project. These costs shall not include
those incurred in developing the proposal or obtaining approval from the Department for the
project.
i. If upon review of the notification of completion,the Department determines
that the project cannot be accepted due to a substantially incomplete notification of
completion or due to substantial deviations from the approved in-kind project; Respondent
shall be notified, in writing, of the reason(s) which prevent the acceptance of the project.
Respondent shall correct and redress all of the matters at issue and submit, by certified mail,
a new notification of completion within 15 days of receipt of the Department's notice. If
upon review of the new submittal, the Department determines that the in-kind project is still
incomplete or not in accordance with the approved proposal, the in-kind penalty project
option shall be forfeited and the entire amount of civil penalty shall be due from the
Respondent to the Department within 30 days of Department notice. If the in-kind penalty
project is terminated and Respondent timely remits the$8000.00, no additional penalties
shall be assessed under paragraph 9 for failure to complete the requirements of this
paragraph.
15
Attachment #2
Resolution No. 2018-08
RESOLUTION NO. 2018-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSENT ORDER WITH THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION ("FDEP");
AUTHORIZING CORRECTIVE ACTION AND
REIMBURSEMENT OF FDEP'S COSTS AND EXPENSES
OF $500.00 RELATED TO THE CONSENT ORDER;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, as a result of the previous year's significant rain events within the City of
Cape Canaveral, including Hurricane Irma, the City's wastewater treatment plant ("WWTP")
suffered an extraordinary inflow of water to the WWTP of over 4 million gallons per day, which
is substantially in excess of the WWTP's permitted maximum capacity of 1.8 million gallons per
day; and
WHEREAS, the extraordinary volume of inflows at the WWTP beyond the WWTP's
maximum permitted treatment capabilities negatively impacted the effectiveness of the WWTP
for an extended period of time resulting in the treated effluent at the WWTP exceeding the permit
conditions imposed by the FDEP related to WWTP and the maximum amount of total nitrogen
and total phosphorous that can be discharged from the WWTP; and
WHEREAS, additional exceedances of total nitrogen and total phosphorous beyond the
maximum allowed under the FDEP permit conditions were also observed in late 2017 and early
2018 during an ongoing WWTP construction project; and
WHEREAS, due to these permit exceedances of total nitrogen and total phosphorous,
FDEP issued Consent Order, OGC No. 18-0916 requiring the City to take corrective action to
address the exceedances; and
WHEREAS, the City Council desires to amicably resolve the permit exceedances by
cooperating with FDEP and entering into a City of Cape Canaveral/FDEP Consent Order, OGC
No. 18-0916; and
WHEREAS, the adoption of this Resolution by the City Council is hereby deemed in the
best interests of the public health, safety and welfare of the citizens of Cape Canaveral.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral,Florida:
Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are
incorporated by reference herein.
City of Cape Canaveral
Resolution 2018-08
Page 1 of 3
Section 2. Approval of Consent Order. The City Council hereby authorizes the City
Manager to execute the proposed City of Cape Canaveral/FDEP Consent Order, OGC No. 18-
0916.
Section 3. Approval of Corrective Action and Reimbursement. The City Council hereby
authorizes:
A. The City Manager to prepare, fund and implement an in-kind penalty project which must
be approved by the FDEP in lieu of the City making a cash payment of$8,000.00 thereof in civil
penalties. The City Manager shall propose for FDEP's approval an in-kind penalty project
consisting of the replacement of four, open-throat stormwater inlets with Type"C"inlets, or if not
acceptable to FDEP, a different in-kind penalty project of sufficient type and comparable cost of
$12,000.00 to fully offset the one and a half times the civil penalty set forth in Section 14 of the
Consent Order.
B. The City Manager to pay $500.00 to reimburse FDEP for costs and expenses incurred by
the Department during the investigation of this matter and the preparation and tracking of the
Consent Order in accordance with the payment requirement set forth in Section 9 of the Consent
Order.
Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions
in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
[Adoption and Signature Page Follows]
City of Cape Canaveral
Resolution 2018-08
Page 2 of 3
ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral,Florida, this
17th day of July 2018.
Bob Hoog, Mayor
ATTEST: Name FOR AGAINST
Mike Brown
Mia Goforth, CMC Bob Hoog
City Clerk
Wes Morrison
Rocky Randels
Angela Raymond
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution 2018-08
Page 3 of 3