Loading...
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. ' - .01k01EQION Y -- '3^+ is_ _ De ar - tmen o F a o_r r_- ental. .rotrt ct�on •.T ,_ .. --^ .-... -!�'q- - - -r _ Northeast Baymeadows Wa "Suite 6200 - B:Wetherell •= _ ` _Jacksonville, Flori _ Governor da 32256-7590 ._. _..__. 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. = J..�.+. t-y',:,',". .•_�"q'-^aT=. NPT.. ..-._ ... ., _ - ..._.. .... .. .. .. - .. -.-... _ .. - 'rCityrof=Atlantic _Beach=WWTP � • WL_No ''WL96-.0015-DW16-NED_ '� ` _. a.. ,..� ..� .. 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 JRJ:tl