04-21-97 v •
CITY OF ATLANTIC BEACH
SPECIAL CALLED MEETING
APRIL 21, 1997
7:00 PM
Call to order
0 1 . Accept terms of Department of Environmental Protection Settlement
Agreement and authorize the City Manager to execute settlement
document
2. Any other business
Adjournment
•
MINUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:00 PM ON
MONDAY,APRIL 21, 1997
PRESENT: Lyman Fletcher, Mayor
Mike Borno
John Meserve
Steven Rosenbloom
Suzanne Shaughnessy, Commissioners
AND: Alan C. Jensen, City Attorney
James Jarboe, City Manager
Doug Layton, Consulting Engineer with Smith and
Gillespie Engineers, Inc.
Bob Kosoy, Public Works Director
NOTE: Mike Borno was appointed to the City Commission in accordance with Section 12
of the City Charter at the regular meeting of the City Commission on Monday, April 14, 1997.
Commissioner Borno was sworn into office on April 17, 1997 by City Clerk Maureen King and
Mr. Borno's signed oath of office is attached hereto and made a part of this official record.
The meeting was called to order at 7:05 p.m. by Mayor Fletcher
1. Accept terms of Department of Environmental Protection
Settlement Agreement and authorize the City Manager to execute
the settlement document.
City Manager Jarboe reported the city had been in negotiations for a settlement with the
Department of Environmental Protection(DEP) since October of 1996, stemming from a
discharge violation during construction of the Atlantic Beach Wastewater Treatment Plant which
resulted in a"plant upset"when the changeover between the old and new plants occurred. The
consulting engineer's report, which gives a complete overview of the issue, is attached
(Attachment A) and made part of this official record.
City Manager Jarboe then recommended accepting the reduced settlement amount of $12,500.00
set by the DEP as a fine for the violation.
A brief discussion ensued concerning the terminology"plant upset". Mayor Fletcher then
inquired if the city could appeal the proposed fine. Doug Layton, Consulting Engineer with Smith
and Gillespie Engineers, Inc., advised that legal and consultants fees to further contest the matter
could be greater than the proposed fine and recommended payment of the $12,500 penalty.
Minutes Page -2-
April 21, 1997
There being no further discussion, a motion was made by Commissioner Rosenbloom,
seconded by Commissioner Meserve and unanimously carried to accept the terms of the
Department of Environmental Protection Settlement Agreement in the amount of
$12,500.00, and to authorize the City Manager to execute the same, with payment coming
from the existing Atlantic Beach Sewer Budget.
SEA TURTLE INN
City Manager Jorboe reported that he had met with the new owner of the Sea Turtle Inn and
looked forward to a good working relationship between the city and his organization.
There being no further business to come before the City Commission, the Mayor declared the
meeting adjourned at 7:15 P.M.
Lyman T. Fletcher
Mayor/Presiding Officer
ATTEST:
Ma en King, C
11:5
City Clerk
APR-17-97 14 21 FROM SMITH AND GILLESPIE - ATTACHMENT A
SPECIAL CALLED MEETING - APRIL 21, 1997
Overview of 1996 Discharge Violations and
Related Discussions with DEP
Wastewater Treatment Plant Expansion Program
S&G Project No. 8505-17-01
Atlantic Beach, Florida
April 17 , 1997
page 1
I. EXECUTIVE SUMMARY
During construction of the Atlantic Beach Wastewater Treatment
Plant which began on June 1, 1995, the Contractor proposed that
he be allowed to convert Plant No. 2 (Davco) to a digester
concurrent with his construction of the new facility. This
request was approved for five major reasons, ie. previous
operational history of the plant with Davco off-line, the
unreliability and major maintenance requirements of Davco, the
desire to have new plant complete before the upcoming rainy
season, the need for digester space and the desire to save costs.
An estimated $23 ,000. 00 was saved due to the concurrent
construction.
During ensuing construction of the expansion of the Atlantic Beach
Wastewater Treatment Plant, the plant's discharge permit
limitations were exceeded. The violations were primarily
associated with rainfall events occurring during the time one
portion of the existing plant's treatment process was out of
service being converted to a digester. The City' s operational
staff took several actions to minimize the degree and frequency of
these violations.
There have been ongoing negotiations with the Department of
Environmental Protection (DEP) since mid-1996. Verbal agreement
was reached with DEP earlier this year to allow the expenditure of
$18,000 in operator training as a substitute for payment of a fine.
Recently, EPA has stated they will overrule our preliminary
resolution of this matter with DEP. Basically, EPA is saying DEP
set the fine too low and was too lenient in agreeing that operator
training could be used to offset the fine.
It is possible to start this process over and argue the matter with
EPA. Legal and consultants fees to further contest the matter
could be greater than the proposed fine and have only a marginal
chance of further major reduction. It is possible reopening the
matter could result in an increase in the final fine.
To conclude this matter with a minimum of cost, it is recommended
the City pay the reduced amount of $12, 500 set by DEP as a fine for
this violation.
APR-1.7-97 14 22 FROM SMITH AND GILLESPIE ID- 9047446267 1
Overview of 1996 Discharge Violations and
Related Discussions with DEP
Wastewater Treatment Plant Expansion Program
S&G Project No. 8505-17-01
Atlantic Beach, Florida
April 17 , 1997
page 2
II. Discussion
In May of 1995, the City of Atlantic Beach entered into a contract
with Indian River Industrial Contractors, Inc. to construct an
expansion of the Atlantic Beach Wastewater Treatment Plant. The
Contractor was allowed to start work on June 1, 1995. The Contract
required construction of the new facility prior to conversion of an
existing treatment unit (plant No. 2) to a digester. The
Contractor requested he be allowed to convert plant No. 2 to a
digester concurrent with his construction of the new treatment
facilities. This permission was given for several reasons:
1 . Previous operational experience with this unit out of
service for periods up to six months had not resulted in
effluent permit violations.
2 . The unreliability of treatment plant No. 2 . The
operation history of this unit _was poor. It was not
expected to remain operational for the 12 month
construction period of the new facility without incurring
major maintenance cost.
3 . A strong desire to complete plant modifications prior to
the July through September rainy season. The existing
plant had experienced treatment problems associated with
higher flow volumes during periods of high rainfall and
groundwater levels. Additional hauling and overtime
expense as well as the health risks and enforcement
action associated with sewer overflows in the City' s
collection and transmission system had also been
experienced.
4 . Concerns about sludge management. If the new plant had
been placed into service and both existing treatment
trains taken out of service, as originally planned, there
would have been no digester space available during the
conversion of plant No. 2 . This conversion would have
been a several month process occurring during the rainy
season when treatment is most difficult.
5. The desire to save costs in time dependent Consultants
fees for administering the construction contract.
APR-17-97 14 : 22 FROM: SMITH AND GILLESPIE ID: 9047446267 PAGE
Overview of 1996 Discharge Violations and
Related Discussions with DEP
Wastewater Treatment Plant Expansion Program
S&G Project No. 8505-17-01
Atlantic Beach, Florida
April 17, 1997
page 3
II . Discussion cont.
The decision to allow acceleration of the project by concurrent
construction was a good one for the City. The new facility was
placed into service on July 5, 1996, approximately 100 days ahead
of schedule. No maintenance costs were incurred on the failing
treatment unit. The earlier conversion of plant No. 2 allowed
proper sludge management and seeding of the new plant during a
slow, planned, smooth startup process. Approximately $18,000.00 in
engineering fees were saved through early construction completion.
In October of 1996, there was a severe, 10-year storm which caused
overflows at the wastewater treatment facilities of other beach
communities. No problems occurred at the new Atlantic Beach plant
or in the collection system because the new plant was online.
However, in early 1996 the plant exceeded its permit discharge
limits. On March 29, 1996, as required, the_ City formally notified
the Department of Environmental Protection (DEP) of these
occurrences. The monthly operation reports submitted to DEP and
EPA documented the violations. The City's operational staff took
several actions to minimize the degree and frequency of these
violations.
A letter was received from DEP on August 23, 1996, formally
notifying the City of the violations they had reported and
requesting an explanation. A response was given by the City on
September 18 , 1996, explaining the violations as temporary ones
associated with the construction of the plant expansion.
Verbal discussions culminated in a meeting with DEP on November 20,
1996. We were told at that meeting, DEP would not waive the
potential fine of $12, 500, but would allow in-kind environmental
enhancements valued at $18, 000. DEP confirmed their conversation
from the November meeting, in a letter dated December 12 , 1996.
In-kind enhancements consisting of primarily operator training were
proposed by the City in a letter dated January 7, 1997 . After
review and verbal comments by DEP, in February 1997 the City
submitted a revised list of in-kind proposals. At this point, the
City and DEP were in verbal agreement on the resolution of the
enforcement action.
APR-1,7-97 14 : 23 FROM SMITH AND GILLESPIE ID 9047446267
Overview of 1996 Discharge Violations and
Related Discussions with DEP
Wastewater Treatment Plant Expansion Program
S&G Project No. 8505-17-01
Atlantic Beach, Florida
April 17, 1997
page 4
II. Discussion cont.
On February 19, 1997 , EPA entered the discussions with a formal
notification of violation. The City responded to EPA saying we
were very near final agreement with DEP on enforcement action and
suggested they confirm this agreement with DEP. We have recently
been contacted by DEP. They are now saying EPA will not concur
with their agreement to our proposal for in-kind action. DEP
suggested it would be in the City's best interest to pay the
original amount of $12 , 500 to close the matter.
II„I, Conclusion
We acted in good faith to prevent potential environmental
problems and to save approximately $23 , 000. 00 by putting the new
plant on line sooner.
It is in the City's best interest to pay the $12, 500 penalty and
put a close to this matter. Legal and consultants fees to further
contest the matter could be greater than the proposed fine and have
a marginal chance of further major reduction.
Smith and Gillespie Engineers, Inc.
•
*PROTECTION Y
Department of
F`°R A Environmental Protection
Northeast District
Lawton Chiles 7825 Baymeadows Way, Suite B200 Virginia B. Wetiw.
Governor Jacksonville, Florida 32256-7590 Secretary
April 2 , 1997
CERTIFIED - RETURN RECEIPT
Mr. Jim Jarboe, City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Dear Mr. Jarboe:
Re: Proposed Settlement of Atlantic Beach WWTP,
OGC File No. : 97-0515.
The purpose of this letter is to complete the resolution of the
matter previously identified by the Department in the Warning Letter
No. WL96-0015-DW16-NED dated October 11, 1996, a copy of which is
attached. The corrective actions required to bring your facility
into compliance have been performed. In order to resolve the
matters identified in the attached Warning Letter, you are assessed
civil penalties in the amount of $12, 000, along with $500. 00 to
reimburse the Department costs, for a total of $12, 500. 00. This
payment must be made payable to the Department of Environmental
Protection by certified check or money order and shall include the
OGC File Number assigned above and the notation "Ecosystem
Management and Restoration Trust Fund. " Payment shall be sent to
the Department of Environmental Protection, Northeast District, 7825
Baymeadows Way, Suite 200B, Jacksonville, Florida 32256-7590, within
30 days of your signing this letter.
Your signing this letter constitutes your acceptance of the
Department's offer to resolve this matter on these terms. If you
elect to sign this letter, please return it to the Department at the
address indicated above. The Department will then countersign the
letter and file it with the Clerk of the Department. When the
signed letter is filed with the Clerk, the letter shall constitute
final agency action of the Department which shall be enforceable
pursuant to 120. 69 and 403 . 121, Florida Statutes.
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper.
City of Atlantic Beach
OGC File No. 97-0515
April 2 , 1997
If you do not sign and return this letter to the Department at the
District address above by April 24 , 1997, the Department will assume
that you are not interested in settling this matter on the above
described terms, and will proceed accordingly. None of your rights
or substantial interests are determined by this letter unless you
sign it and it is filed with the Department Clerk.
Sincerely,
111 W\ - E) Lokt-/---------
�, 'Erne , E. Frey, P.E.
Director of District Management
I, , on behalf of , HEREBY
ACCEPT THE TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
For Mr. Jim Jarboe, City Manager
By:
For the Department:
Director of District Management
State of Florida Department
of Environmental Protection
ENTERED this day of , 1997 in
Jacksonville, Florida.
Attachments
NOTICE OF RIGHTS
Persons who are not parties to this Consent Order but whose
substantial interests are affected by this Consent Order have a
right, pursuant to Section 120. 57 , Florida Statutes, to petition fog
an administrative hearing on it. The Petition must contain the
information set forth below and must be filed (received) at the
Department' s Office of General Counsel, 3900 Commonwealth Boulevard,
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 named above at the address indicated.
Failure to file a petition within the 21 days constitutes a waiver
of any right such person has to an administrative hearing pursuant
to Section 120 . 57 , Florida Statutes.
The petition shall contain the following information:
(a) The name, address, and telephone number of each petitioner; the
Department 's Consent Order identification number and the county in
which the subject matter or activity is located; (b) A statement of
how and when each petitioner received notice of the Consent Order;
(c) A statement of how each petitioner ' s substantial interests are
affected by the Consent Order; (d) A statement of the material facts
disputed by petitioner, if any; (e) A statement of facts which
petitioner contends warrant reversal or modification of the Consent
Order; (f) A statement of which rules or statutes petitioner
contends require reversal or modification of the Consent Order; (g)
A statement of the relief sought by petitioner, stating precisely
the action petitioner wants the Department to take with respect to
the Consent Order.
If a petition is filed, the administrative hearing process is
designed to formulate agency action. Accordingly, the Department' s
final action may be different from the position taken by it in this
Notice. Persons whose substantial interests will be affected by any
decision of the Department with regard to the subject Consent Order
have the right to petition to become a party to the proceeding. The
petition must conform to the requirements specified above and be
filed (received) within 21 days of receipt of this notice in the
Office of General Counsel at the above address of the Department.
Failure to petition within the allowed time frame constitutes a
waiver of any right such person has to request a hearing under
Section 120. 57 , Florida Statutes, and to participate as a party to
this proceeding. Any subsequent intervention will only be at the
approval of the presiding officer upon motion filed pursuant to Rule
60Q-2 . 010, Florida Administrative Code.
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Secretary •
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
October 11, 1996
Mr. Jim Jarboe, City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Dear Mr. Jarboe:
Re: Duval County - Domestic Waste Enforcement
Warning Letter No. WL96-0015-DW16-NED
City of Atlantic Beach WWTP
The purpose of this letter is to advise you of the possible
violations of law for which you may be responsible, and to seek your
cooperation in resolving the matter.
A file review conducted by Department personnel on October 9, 1996,
of the City of Atlantic Beach wastewater treatment facility
indicates that a violation of Florida Statutes and Rules may exist
at the above described facility. Department of Environmental
Protection personnel noted the following during a file review of the
above-described facility:
The effluent from this facility has exceeded the one-time-maximum,
annual, and monthly limit for Total Suspended Solids (TSS) . The
reported one-time-maximum exceedances for 1996 are as follows:
• May 7 1 66 mg/L
May 28 186 mg/L
July 2 188 mg/L
The effluent from this facility has not met the minimum percent
removal of 85% for 5-day Biochemical Oxygen Demand or Total
Suspended Solids (monthly average) .
May BOD5 82% TSS 51%
June TSS 73%
July BOD5 84% TSS 77%
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper. =
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- 'rCityrof=Atlantic _Beach=WWTP � •
WL_No ''WL96-.0015-DW16-NED_ '� `
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r-• Page'-Two . . .
The' effluent:from_.this -facility:has exceeded .the one-time-maximum,
_' ' annual, and monthly limit for Fecal Coliform. The reported
one-time-maximum exceedances for 1996 are as follows:
February 21 2, 800/100mL
March 13 1,450/100mL
March 14 7, 100/100mL
April 3 2, 200/100mL
April 17 3 , 000/100mL
April 18 2, 200/100mL
May 7 10, 000/100mL
May 14 11, 200/100mL
May 21 13 , 000/100mL
May 28 4 ,700/100mL
The effluent from this facility has exceeded the maximum limit for
chlorine residual prior to discharge to surface water. There were
six occurrences during the month of April. The highest reported
value was 0.75 mg/L.
Section 403 , Florida Statutes, provides that:
It is a violation of 403 . 161(1) (a) , Florida Statutes to cause
pollution so as to harm or injure human health or welfare, animal,
plant, or aquatic life or property.
It is a violation of Section 403 . 161(1) (b) , Florida Statutes, to
fail to comply with any rule or permit issued by the Department
pursuant to its lawful activity.
Chapter 62, Florida Administrative Code, provides that:
It is a violation of Florida Administrative Code, Rule 62-4 . 160 (1)
which makes it a violation to fail to comply with the terms,
conditions, requirements, limitations and restrictions set forth in
the permit.
It is a violation of Florida Administrative Code, Rule
62-600.740 (1) (b) , maximum permissible pollutant concentrations in
any effluent sample shall not exceed two times the design
concentration specified for the effluent.
It is a violation of Florida Administrative Code, Rule
62-600.740 (2) (a) , to dispose or release excreta, sewage, or other
wastewaters without providing proper treatment approved by the
Department or otherwise violating provisions of this rule or other
rules of the Florida Administrative Code.
Pursuant to Florida Administrative Code, Rule 62-650. 120 (1) (a) , the
Department shall not be precluded from instituting an enforcement
s
City of Atlantic Beach WWTP
=:WL No. WL96-0015-DW16-NED
`_:.Page Three-
action for a violation of water quality standards based upon a
component for which an effluent limitation has been specified in a
permit, but with which effluent limitation the permittee is not in
compliance.
You are advised that any activity at your facility that may be
contributing to violations of the above described statutes and rules
should be ceased immediately. Operation of a facility in violation
of state statutes or rules may result in liability for damages and
restoration, and the judicial imposition of civil penalties up to
$10, 000 per violation per day pursuant to Sections 403 . 141 and
403 . 161, Florida Statutes. It is the Department's policy to seek
civil penalties for the above described violations in the amount of
$18, 000. 00.
You are requested to respond in writing to each numbered item
listed above within 15 days of receipt of this Warning Letter. Any
questions or requests for a meeting with Department personnel to
discuss the issues raised in this Warning Letter should be directed
to Teresa Frame of this office at (904) 448-4330, extension 339, to
arrange a meeting. You may wish to consult an attorney and to have
the attorney attend the meeting with the Department.
PLEASE BE ADVISED that this Warning Letter is part of an agency
investigation preliminary to agency action in accordance with
Section 120-57 (4) Florida Statutes. The purpose of this letter is
to advise you of the potential violations and to set up a meeting to
discuss possible resolutions to any potential violations that may
have occurred for which you may be responsible. If the Department
determines that an enforcement proceeding should be initiated in
this case, it may be initiated by using a Notice of Violation or by
filing a judicial action in accordance with Section 403 . 121, Florida
Statutes. If the Department issues a Notice of Violation, and you
are named as a party, you will be informed of your rights to contest
any determination made by the Department in the Notice if Violation.
The Department can also resolve any violation through entry into a
Consent Order.
Sincerely,
Ernest E. Frey
Director of District Management
Northeast District
EEF:TF
•
CITY OF
/frietatic read - tida
800 SEMINOLE ROAD
��, - - - --- -- ATLANTIC BEACH,FLORIDA 322,.,
TELEPHONE(904)247-5801
, FAX(904)247-5805
SUNCOM 852-5800
April 18, 1997
Memorandum to:
The Honorable Mayor
and Members of the City Commission
City of Atlantic Beach
Subject: Special City Commission Meeting
Monday, April 21, 1997, 7:00 p. m.
Subject: Authorization to sign DEP Settlement
Dear Commission Members:
As you are aware, we have been discussing a settlement of the Atlantic Beach
Wastewater Treatment Plant issue with The Department of Environmental Protection
(DEP) since last October. The attached letter from DEP has been reviewed by our
consulting engineer, Smith and Gillespie, and the City Attorney. Also attached is the
consulting engineer's report which gives a complete overview of the issue that we have
been discussing with DEP.
We are all of the same conclusion: that the easiest way to resolve this issue is by signing
and agreeing to DEP's offered settlement. Technically, we were in violation of the rules;
however, there was no intention to violate the rules. It was the opinion of the Consulting
Engineer and Staff that the plant could operate without being upset: however, because of
a severe rain storm during the dry season the upset occurred.
In the final analysis, the $12,500 actually is not a loss to the City since there was a
savings of approximately $23,000 by putting the plant on line sooner. In addition, by
having the plant on line sooner, we did not experience the overflows during the recent 10
year storm which the other beach cities experienced. If we had experienced such an
overflow a disaster in the surrounding residential neighborhoods would have likely
happened. By putting the plant on line 110 days early the possibility of flooding was
prevented. Therefore, it is my recommendation that we sign off on the DEP letter and
take the required payment from the existing Atlantic Beach sewer budget, without going
into the reserve account.
Page 2
DEP Settlement
April 18, 1997
If you have any questions please do not hesitate to call me.
Respectfully submitted,
J s R. Jarboe
City Manager
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