HomeMy WebLinkAboutResolution 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
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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
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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 x
Mia Goforth, CMC Bob Hoog x
City Clerk
Wes Morrison x
Rocky Randels Motion
Angela Raymond Second
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
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