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ELIMINATE GROUNDWATER CONTAMINATION AT FLEET MAINTENANCE f ' ; . - , J / INTERLOCAL AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION AND THE CITY OF CLEARWATER THIS I NT, E~~OCAL AGREEMENT is made and entered into this day of ~, 19JP' by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION (herein, the "Department"), OGC No. 90-1172 !)j and the CITY OF CLEARWATER, FLORIDA, a Florida municipality located in Pinellas County, Florida (herein, the "City"). WHEREAS, the Department and the City have determined that certain corrective actions may be necessary in order to eliminate certain groundwater contamination which may be found to exist at the fleet maintenance facility of the City, and that a preliminary contamination assessment as described herein is the appropriate first step in establishing the existence and the extent of any such groundwater contamination at that location; and WHEREAS, the Department is authorized to enter into agreements with political subdivisions affected by the provisions of the Florida Air and Water Pollution Control Act, Department rules and policies. Section 403.061(21); NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties hereto agree as follows: 1. The Department is the administrative agency of the State of Florida having the power and duty to control and prohibit pollution of air and water in accordance with Chapter 403, Florida Statutes, -'1- oO~/1/-oo /,\ c / .iii ',~",cc 'I) " I I and rules promulgated thereunder in Florida Administrative Code Title 17. The Department has jurisdiction over the matters addressed in this Inte~local Agreement. 2. The City is a municipality and is a person within the meaning of Section 403.031(5), Florida Statutes. 3. The City owns certain real property (herein, the "Property") located in the City of Clearwater, Pinellas County, which is described more particularly in Exhibit A to this Interlocal Agreement. The Property was acquired by the city in February, 1988. 4. The City operates a fleet maintenance facility on the property, and has operated the fleet maintenance facility on the Property since May, 1988. 5. Groundwater sampling and analyses were conducted on the property by the City in March 1990. The pertinent results of the analyses include: Monitor Well # Parameter Concentration (uq/l) Guidance Concentrations (uq/l) 1 chromium iron iron lead oil & grease 80 3500 190,000 3,800 3,600 50* 300** 300 50* 2 3 4,4' DDE 4,4' DDT chromium iron lead 0.016 0.075 110 32,000 30 50 300 50 22 chromium iron lead 360 330,000 6,900 50 300 50 tin oil & grease 2,300 8,900 * primary drinking water standard ** secondary drinking standard -2- " 6. Soil sampling and analyses were condJbted on the property by the City in March, 1990. The pertinent results of analyses yielded these results: Soil Borinq # Parameter Concentration (mq/kq) 1 chromium iron 0.51 130 2 chromium iron lead tin oil & grease 38 72,000 5,800 510 91 3 chromium iron lead 2.1 210 7.9 7. The City agrees to implement corrective actions as set forth in the document entitled "Preliminary Contamination Assessment Actions," attached hereto as Exhibit B, in the manner and within the time frame set forth therein. B. In the event the Preliminary Contamination Assessment described in Exhibit B reveals the presence of contaminants in the soil, sediment, surface water and/or groundwater in violation of water quality standards or minimum criteria, or reveals the presence of contaminants which may reasonably be expected to cause pollution of the surface and/or groundwater of the state in excess of such standards or criteria, the City agrees to implement the corrective actions set forth in the document entitled "Corrective Actions For Ground Water Contamination Cases", attached as Exhibit C, in the manner and within the time frames set forth therein. :g. Within 30 days of execution of this Interlocal Agreement, the City agrees to make payment to the Department for costs and expenses in the amount of $250.00. Payment shall be made by -3- I I -4- .. .' I I this time period shall constitute a waiver by the City of its right to request an administrative proceeding under Section 120.57, Florida Statutes. The Department's final agency action, upon expiration of the 21-day time period if no petition is filed, or the Department's Final Order as a result of the filing of a petition, shall be incorporated by reference into this Interlocal Agreement and made part of it. All other aspects of this Interlocal Agreement shall remain in full force and effect at all times. If the City seeks an administrative proceeding pursuant to this paragraph,the Department may file suit against the City in lieu of or in addition to holding the administrative proceeding to obtain judicial resolution of all the issues unresolved at the time of the request for administrative proceeding. 12. Respondent shall publish the following notice in a newspaper of general circulation in Pinellas County, Florida. The notice shall be published one time only within 14 days of the effective date of this Interlocal Agreement by the Department. Proof of publication shall be submitted to the Department within 30 days of the effective date of this Interlocal Agreement. State of Florida Department of Environmental Requlation Notice of Proposed Aqency Action The Department of Environmental Regulation gives notice of agency action of entering into an Interlocal Agreement with the City of Clearwater, Florida pursuant to Florida Administrative Code Rule 17-103.110. The Interlocal Agreement addresses the groundwater investiqations located in the City of Clearwater lying inland beinq part of track "A", Replat of Blocks 1 thru 19 of Marymont in Pinellas County, Florida. -5- I I The Interlocal Agreement 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 Regulation, Southwest District, 4520 Oak Fair Boulevard, Tampa, Florida 33610. Persons whose substantial interests are affected by the above proposed agency actions have a right to petition for an administrative determination (hearing) on the proposed action. The petition must conform to the requirements of Chapters 17-103 and 28-5, Florida Administrative Code, and must be filed (received) with the Department's Office of General Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32399, within 21 days of publication of this notice. Failure to file a petition within the 21 days constitutes a waiver of any right such person has to an administrative determination (hearing) pursuant to Section 120.57, Florida Statutes. 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 proposed agency action. Persons whose substantial interests will be affected by any decision of the Department have the right to intervene- in the proceeding. A petition for intervention must be filed pursuant to Model Rule 28-5.207, Florida Administrative Code at least five (5) days before the final hearing and be filed with the Hearing Officer if one has been assigned at the Division of Administrative Hearings, 2009 Apalachee Parkway, Tallahassee, Florida 32399. If no Hearing Officer has been assigned, the petition is to be filed with the Department's Office of General Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32301. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such person has to an administrative determination (hearing) under Section 120.57, Florida Statutes. 13. Nothing herein shall be construed to limit the authority of the Department to undertake any action against the City in response to, or to recover the costs of responding to, conditions at or from the site which may present an imminent hazard to the public health, welfare or the environment if: A. The conditions were previously unknown to or undetailed by the Department; -6- , . " . \ I I -7- }.-, ..~ .. .,. I I Interlocal Agreement shall constitute "corrective action" on the part of the City for any groundwater contamination violations that may have occurred in the past. 19. No modifications of the terms of this Inter10cal Agreement shall be effective unless and until reduced to writing and executed by both the city and the Department. 2D. Three copies of all reports, plans and data required by this Interlocal Agreement shall be submitted to the Department at the following address: Administrator, Division of Waste Management, Southwest District, Department of Environmental Regulation, 4520 Oak Fair Boulevard, Tampa, Florida 33610-7347. IN WITNESS WHEREOF, the partie~ hereto hands and seals, this ~ day of ~ have set their , 199/. CITY OF CLEARWATER, FLORIDA Countersigned: Ri a Garvey Mayor-Commissioner 47!~ ~.,,,. By: Ron H. Rabun C~ ty. ~..iI~n~ge.r Approved as to form and correctness: Attest :. M. A. Galbrai City Attorney _..~" -~~ ' '-, . r1~ . , L...; .~_,_:____ 11.Rl'.f.:. Goude~tk'-' C1e' r'k . - . , ' - ..' .". , .......,.....' --"- ~ FllIi~C A~m ACKNOWLEDGEMENT FilED, on this date, pursuant to 5120.52 :'iCH:C,', Statutes, with the designated Depart- ment Cierk, receipt of which is hereby acknow- L,dged. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION ~-'L) ~;1 ,~ erk : / /~ '1 / ~ / Date Richard D. Ga rity, Ph.D. Deputy Assis nt Secretary Southwest D'strict -8- i I FlJk'I 1124 JLO~Il)A \\'1tt.8')' t.>.!. ~)...... C..,,,.) ,.'yr' , ., z . ~ 1 8~ e8~q. c5 ~ ,. lJ.$l ~ ~ ' . .ltI(lcle (lti,~--- 61t:: 2:.: c.' co LI')U ZW' _U c:::::- t.:.l L!.o wu.. ZO a z: LU " .:' ~ ~ -< ~ ... w'" .::~s< ;t I/) 0 o .- "' t-: c::; ""l:jO &<0 t:: ~ ~ In ,l :5~~~ ,... .:s ~ < :: (5 0 ~ ~::~i5 .... UJ Q>> ..J ~ U ~~ ~~ ()- ..~:'? 1.JtF. !'1 ;';': ~ ...:.i ~.i~~~ ::: ~.~ [ ~ . r:, a... .. ~'~:_r FXH1B IT 11 t) b U ~ 5 8 8 G r::J .J~". ',," ',' '.'" ,..". .'... " C"'" ',', , .., I Dn~s~I~~ii~:'(I:.{1 J1ltt~~1tUllmtrr~~ f. ~~.:- cluy of January , .f. D. 1988 ~ IUff'fl, ~. u" """'" ",.",," ,MJJ. LtltlwU Uv #Wi", ",,"_lUll ....PNlf,...~... ,~ au /. uli,,,,,, ., u" rwlJf'Ctiw ,..,.u,. N""N.' I4t III" .,. W "A'III"" ILMII'i"-" ,~~ MM~......-c!lN! ~I tIw "lItt.''',' 1M '"~ .{ a"," 1'fttl,.,. ""-U f/t,f'b.4t: .U~ra4A". 1lldwern JOHN H, HARLAND COMPANY, ~ a corporation existing u,nde.r the laws of th.e State of Georgia, and luwint its principal pla-ce of bu.si,/.e.8S in the Cou,nty of Fulton State of Georgia party of the fi:rst pa:rt, and CITY a Florida municipal corporation, z.- ::.:: : DESCRIPTION ATTACHED AS EXHIBIT SEE LEGAL JO I ILk%, ~D \0 '--1((..,. ''- SUBJECT to easements, and real estate taxes restrictions and reservations of record for the year 1988 and subsequent years. ..' ''1'- . ~L~ stru9t~res ~ improvements on the subject lands are conveyeQ in "as ~hs cond~t~9n w~th ~bsolute1y no warrant~es, expressed or imp11ed except t e warrant~es of T1tle contained herein. ' .4.nd the sa,id pa,rtll 01 the first pa,rt does hereby fu,lly warrant the title to said la,nd, a,nd will defend the sa,me a,~a,in8t the lawfu,l elai-ms of a,ll person,s whomso(ll1er. . .... ":' , lilt :lllli1ne!i5. m4rrrnf. the said party of the first part has . ^ ~.'~ ,:J .'),J/.' .. .' Cau,sed these. presents to be. sitned in its name by its President, " "'. ",,:,..;? :, and.its corporate. 8ea.l to be affixed, attested by its ''', ' .', .' ,,' the day and year above. written, ... (Co.rj)(yrate ',~' JOHN H, HARLAND COMPANY :.,.; 'Seal)' .: ~ .#.~;'.' -, J, f' ". '4.tte$t: -'. .' ~. ',' . '-&~~~, ~ralrb ~nh Drliorrrh tn ~l11' 13rtllrnrt: bh\~'./ .A-. 4..w"-d"" BY~~~/'" , President. JI e""~,~~ ~um""lary, ,... I'd. Sui". ;r:; - ~.' $. ... . . . .. .. .. .. .. ... In~,...;bl~ Tu l'I1. ~~ ~k P;~e:lu Q>unly _u..""........~ ~ly 0.,1 ~tn1R nf iR:kDma GEORGIA } C!!nunt!f Df Ftc!" TON ..6'da.U- JJ Itrrrby (!lunfy. That 071 this .:Lc, ~ day of January, ,!. D.1988 , before me personally oppea,red ~ /!!., u.J~ ~ ,,,,.~.../ J.-: o.-q "C./ ~........ 7 President ~ ~_/ rr.':Jf'!7:gf' respectively of JOHN H. .:A:ARLAND COMPANY, ----------. , a corpo tion IInder the. I(1W$ of Ole State uf Georgia , to 1116 t.=7l.ou:n to e the persons clcs('ribed in and who e,\'ecutccl thC' forc~()i1/g C'Ollt'eYG71Ce to' CITY OF CLEAR\~ATER and severally acknotdedged the e.\'C'C'utioll thereof to be their free act and dee.d as such ofTicers, for the uses and purpo.~es therein mentioned; a7ld that they affixed thereto the offi cial 8c.al of said corpora fi07l, and the said instrronent is the act a7Ld deed of sOI:d corporation. mitntSll ,.fI~$r~tJCr'" alld offl cial seal at ill the couti/f~Cl~'R';~,lt'~ 4~ year last aJM ~d. " *.... " : { \ : : i O~G\P. i : Hq G~ /)0..: ';'. v/ f::i 11 C', t:n~ :--. pus,:-;;"',"-' l ~ . ,_, r J.,., leO {) . - ;. , " r"-, . and State of ~Rriih, the day ~ ~GEORGIA 1..~ /, . tf<-"r / Notary Pu,blic ., I t Ny Commission Expires 43. q () and . " I 'R ~ G 7 S \'b !-.l ~ L:. I " That certain piece, parcel, or trl!Ct of land lying in and being part of Tract "A", Rep1at of Blocks 1 thru 19 of Marymont, as recorded in Plat Book 39, page 31 of the Puolic Records of Pinellas County, Florida, lying in and being put of the Northwest 1/4 of Section 12, Township 29 South, Ranga 15 East, Pinellas County, Florida, and being more particularly described as follows: Frcm the intersection of the West right-of-way of Hercules Avenue and/or COunty Road No. 34, a 100.0 foot right-of-way, with the North right-of-way of Grand Avenue, ill 60.0 foot right-of-way, North 89 de;. 20'OS" West, and along said North right-of-way, a distance of 450.0 feet for a P.O.B.; thence continue North 89 deg, 20'OS" Nest, and along said North right-of-way, a distance of 605.0 feet; thence North 00 cleg, 17'00" East, a distance of 645.0 feet; thence South 89 de;, 20'05" East, a distance of 275.0 feet to a point in the West boundary of property conveyed to James T. Wa1 kar and Robert J, ~rd in O. R, Book 4492, page 2131; thence South 00 de(}. 17'00" West along said West boundary, a distance of 230.0 feet to the Southwest corner thereof; thence South 89.oeg. 20'05" East aloOjl said South boundary as extende:3 East a distance of 330,0 feet to the Northwest corner of property conveyed to Aerosonic lnstrul\ent Corporation in Deed Book 1606, page 502; thence South 00 de;, 17' DO" Nest along said Hest boundary, a distance of 415.0 feet to the North right-of-way of said Grand Avenue and the P.O.B. EXHIBIT ,"A" TOTAL P.03 E,Otl" IT 4 " ( J I I EXrhB'T i3 PRELIMINARY CONTAMINATION ASSESSMENT ACTIONS 1. Within 30 days of the effective date of the Order incorporating these preliminary contamination assessment actions, Respondent shall submit a Preliminary Contamination Assessment Plan ("PCAP") to the Department, The PCAP shall describe t.he tasks that Respondent proposes to perform in order to determine whether the soil, sediment, surface water or ground water are , contaminated at Respondent's facility; and, if so, whether such contamination has resulted in a violation of the water quality standards and minimum criteria established in Florida . Administrative Code Chapter 17-3, The PCAP shall include a time schedule for each task so that all tasks can be completed and a prelimi,nary Contamination Assessment Report ("peAR") can be submitted to the Department within 90 days of approval of the PCAP by the Department. 2. The PCAP shall include provisions [or the installation and sampling of, in most cases, a minimum of four monitor wells to determine the groundwater quality and flow direction at the site. Proposal of fewer wells or an alternate well configuration is subject to Department approval, provision to sample surface waters, sediments and soils shall be included as necessary. A, One of the wells shall be located in the area suspected of greatest contamination and two wells shall be located downgradient of the area suspected of highest contclmination. B. One of the \'1ells shall be an unaffected bac>round well. Rcv'is~j/C;VUPCAP/Ul88. J ,", t:, J I !. , C. The wells, surface waters, sediments and soils, as applicable, shall be iampled and analyzed tor the following paiameters with the listed method; (1) priority pollutant metals using EPA Methods as referenced in Table 18 of 40 CFR Part 136; (2) priority pollutant organic chemicals using EPA Methods 624 and 625; (3) all non-priority pollutant organic chemicals with p~aks greater than 10 micrograms per liter (Ug/l) using EPA Methods 624 and 625; (4) pesticides and herbicides using EPA Methdds 60B and 625, if applicable, or other Department approved methods for pesticides and herbicides for which 608 or 625 are not applicable; and (5) others, as applicable. Proposal of "alternate analytical methods is subject to Department approval. T~e number of contaminants to be analyzed may be reduced if Respondent can demonstrate to the De~artment's satisfaction that tha contaminants proposed to b~ deleted from the list cannot be attributed to any activities that have taken place at Respondent's facility, The Department shall submit written notification to the Respondent if the number can be reduced. 3. The PCAP shall include ptovisions for investigation of the following conditions, as applicable, at the contamination site and the area surrounding the contamination site: A. The presence and thickness of any free product at the Revised/GW/PCAP/0188.2 J I site; Rev:i.;:iecl/GN/PC1\F/01Bi;. ;, I I.. methods. F. Site map depicting monitoring well locitionsand other proposed sampling sites; ,and G. A brief site history, and a description of facility operations, as applicable, 5. The Department shall review the PCAP and provide Respondent with a ~ritten response to the proposal. In the event that additional information is necessary for the Department to evaluate the PCAP, the Department shall make a written request to Respondent for the information .nd Respondent shall provide the requested inform.tion within 20 days from receipt of said request. The PC~ shall incorporate all required modifications to the PCAP identified by the Department, Any action taken by Respondent with regard to the implementation of the PCAP prior to the Respondent receiving written notification from the Department that the PCAP has been approved shall be at Respondent's risk. 6. Within (75) days of the Department's approval of the PCAP (unless a written time extension is granted by the Department), Respondent shall submit a written preliminary contamination Assessment Report ("PCAR") to the Department. The PCAR shall: 1'.. summarize and analyze all "PCAP" tas}{S; B. compare analytical data collecteQ with surface and ground water quality standards and criteria set forth in Florida Administrative Code Chapter 17-3, The following laboratory quality assurance data shall be submitted along with the analytical results; Revised/GW/PCAP/0188 ,4 ~,-, ... J I (1) the detection limits for these analyses; (2) the results from the analyses of field blank and duplicate samples; (3) the results from reagent water blanks run on that day (5% of samples run, minimum); (4) the spike and surrogate percent recoveries for the data set; (5) the actual chromatograms, if requested by the Department. C. Identify, to the extent possible, thesource(s), extent, and concentrations of contaminants, and the existence of any imminent hazards. 7. The Department shall reVlew the PCAR and determine whether it is adequate to meet the objectives of the PCAP. In the event that additional information is necessary to evaluate the PCAR, the Department shall make a written request and Respondent shall provide all requested information within 20 days of receipt of said request. 8. Respondent shall provide notification to the Department . at least ten days prior to the installation or sampling of any monitoring wells, and shall allow Department personnel the opportunity to observe installation and sampling and to take split samples. All necessary approvals must be obtained from the appropriate water management district before any wells 6re installed, Raw data shall be exchanged between RespondeIlt and the Department as soon as the data is available. Rcviscd/GW/PCAP/OIBB.5 I I 9. The Respondent is required to comply with all local, state and federal regul~tions and to obtain any necessary approvals from local, state and federal authorities in carrying out these assessment actions. 10. If the Department's review of the PCAR indicates that the soil, sediments, surface water or ground water is contaminated, or if the Department rejects the PCAP or PCAR for not meeting the objectives or analyzing or reporting on the analysis of the contaminants that are the subject of the assessment, the ,Department reserves the right t9 do any or all of the following: A. seek further administrative relief through the filing of a Notice of violation or entry of a Consent Order which requires Respondent to .conduct further assessment and clean-up at" its facility~ B. file suit for injunctive relief, civil penalties, damages and expenses, or C. perform the necessary corrective actions at Respondent's facility and recovery the costs of such actions from Respondebt. Revised/GW/PCAP/0188.6 ,., "i ,.. J I ExHrB 11 C CORRECTIVE ACTIONS FOR GROUND WATER CONTAMINATION CASES 1. Within 60 days of the effective date of the Order incorporating these contamination assessment actions, Respondent shall submit to the Department a detailed' written Contamination Assessment Plan ("CAP"). If the Respondent has conducted a Preliminary Contamination Assessment, the Respondent shall submit ) to the Department a detailed written CAP within 60 days of receipt of notice from the Department that a CAP is required. The purpose of the CAP shall be to propose methods for collection of information necessary to meet the objectives of the contamination assessment. A. The objectives of the Contamination Assessment shall be to: (1) Establish the areal and vertical extent of soil, sediment, surface water and ground water contamination; (2) Determine or confirm the contaminant source(s); mechanisms of contaminant transport; rate and direction of contaminant movement in the air, soils, surface water and ground water; and rate and direction of ground water flow; (3) Provide a complete characterization of the contamination plume(s); (4) Determine'whether interim remedial measures are necessary to abate any imminent hazard. (5) Determin~ the amount of product lost, and the time period over which it was lost (if applicable); (6) If leaking storage tanks m2Y be the source of .. ~:. . . ::~". .'. .. I I '", ; the contamination, determine the structural integrity of all aboveground and underground storage systems (including integral piping) which exist at the site (if applicable); (7) Establish the vertical and horizontal extent of free product (if ~pplicable); (8) Describe pertinent geologic and hydrogeologic characteristics of affected and potentially affected hydrogeologic zones; and (9) Describe 'geologic and hydrogeologic characteristics of. the site which influence migration and transport of contaminants; and (10) ,Provide a site history including description of facility operations, as applicable. B. The CAP shall specify tasks, which are necessary to . achieve the objectives described in subparagraph 1.A. above. The CAP shall include a reasonable time schedule for completing each task. The tasks may include, but are not limited to the following: (1) Use of piezometers or wells to determine the horizontal and vertical directions of the ~round water flow; (2) Use of electromagnetic conductivity (~1) and other geophysical methods or vapor analyzers to trace extent of ground water contamination; (3) Use of fracture trace analysis to discover linear zones in which discrete flow could take place; (4) Use of ~lell points or monitoring wells to sample ground water in affected areas and to determine the vertical and horizontal extent of the ground water plume; Revised/G'i'UCA/0888.2 I I the document titled -DER Guidelines for Preparing Quality Assurance Plans, DER-QA-00l/85 , January 30, 1986.- A copy of the document is available upon reque?t from the Department. A QAPP is required for all persons collecting or analyzing samples. The Department reserves the right to reject all results generated by Respondent prior to QAPP approval or which are net in accordance with the Department approved QAPP. 2. The Department shall review the.CAP and provide the Respondent with a written response to the proposal. Any action taken by Respondent with regard to the implementation of the CAP , prior to the Respondent receiving written notification from the Department that the CAP has, been approved shall be at Respondent's risk. 3. In the event that additional information is necessary for the Department to evaluate the CAP, the Department shall make a written request to the Respondent for the information, and, within 20 days from receipt of said request, Respondent shall , provide all requested information in writing to the Department unless the requested information requires additional field work in which case the Respondent shall submit to the Department within 14 days of receipt of said request, a written schedule for completing the field work needed to provide the requested information. 4. In the E 2nt that the Department determines that the CAP submitted by Resp;ndent does not adequately address the objectives of the Contamination Assessment as set forth in subparagraph I.A. above, the Department will notify the Respondent in writing of the C.AP' 5 deficiencies. Respond.,..>., t E:.hall then have 30 days from the I . '1-' Department's notification to submit a modified CAP addressing the deficiencies noted by the Department. 5. 'If the Department determines upon review of the resubmitted CAP that the CAP still does not adequatelY address the objectives of the CAP as set forth in subparagraph l.A. above, the Department, at its option, may choose either to: A. Draft specific modifications to the CAP and notify Responden t in wri t i ng that the Departmerit' s modif i ca t ion s ha 11 . be incorporated in the CAP; or B. Notify Respondent in writing that Respondent has failed to comply with paragraph four above, in which case the Department may do any or all of the following: take legal action to ,enforce compliance with the, Order, file suit to recover damages, and civil penalties, or complete the corrective actions outlined herein and recover the costs of completion from Respondent. 6. Once a CAP and QAPP have been approved by the Department, they shall become effective and made a part of this Order and shall be implemented within ten days of the Department's Hritten , notification to Respondent that the CAP and QAPP have been approved. The CAP shall incorporate all.required modifications to the proposed CAP identified by, the Department. within 10 working days of completion of the CAP tasks, Respondent shall provide written notice to the Department that the CAP tasks have been completed. 7. within 45 days of completion of the tasks in the CAP, Respondent shall submit a written contamination Assessment Report ("CAR") to the Department. The CAR 'shall: A. summarize all tasks which were implemented pursuant TDlRevised/GW/CA/0888.6 I ..1 to the CAP i ,and B. Specify results and conclusions regarding the Contamination Assessment objectives outlined in subparagraph 1.A. - 8. The Department shall review the CAR and determine whether it has adequately met the objectives specified in subparagraph 1.A. In the event that additional information is ne~essary to evaluate the CAR, the Department shall make a written request to the Respondent for the information. Within 20 days of receipt of sa~d request, Respondent shall provide all requested information unless the requested information requires additional field work in which case the Respondent shall submit, within 14 days of said request, to the Department a reasonable written schedule for completing the ,field work ~eeded to provide the requested information. The Department shall provide written approval of the ~~ once all of the CP~ objectives and tasks have been satisfactorily completed. S. The Department, at its option, may determine from review of the CAR and other relevant information, the Site Rehabilitation Levels (SP~s) to which the contamination shall be remediated or may require the Respondent to implement' the risk assessment process to develop such SRLs for the site. The SRLs for water as determined by the Department shall be based ori Chapter 17-3, F.A.C. standards and the Depar~ment's numerical interpretation of the Chapter 17-3,F.A.C. minimum criteria. The Department may also require that a risk assessment be completed to define SRLs for soils or sediments that are sufficiently contaminated to present a risk to the public health, the environment or the public I I ,. welfare. If the Department does choose to provide SRLs to the Respondent and does, not choose to require a risk assessment and" the Respondent agrees to remediate the site to those SRLs, the Respondent shall implement the Feasibility Study, if required by the Department as set forth in paragraph 13, or submit the Remedial Action Plan (RAP) as set forth in paragraph 18.' 10. , After completion and Department approval of the CAR, the Respondent shall prepare ~nd submit to the Department a Risk Assessment/Justification (RAJ) if the Department requires the task, or if the Respondent wishes to develop SRLs other than those . determined by the Department or if the Respondent intends to justify a no-action proposal for the site. The RAJ which includes a risk assessment and a detailed justific~tion of any alternative SRLs or no action proposal"shall be submitted \>lithin (90) days . from receipt of the Department's written approval of the CA-~ and determination of the SRLs for the site, or within (90) days of the Department's written approval of the CAR and notice that a RAJ is required, or within (90) days of the Department's written approval of the CAR. Unless otherwise approved by the Department, the subject document shall address the following task elements, divided into the following five major headings: A. Exposure Assessment - The purpose of the E~posure Assessment is to identify., routes by which receptors may' be exposed to contaminants and tO,determine contaminant ,levels to which receptors may be ,exposed. The Exposure Assessment should:, (1) Identify the contaminants found at,the site and their concentrations as well as their extent and locations; TD/Revised/GW/CA/0888.8 I .1 (2) Identify possible transport pathways; (3) Identify potential exposure routes. (4) Identify potential receptors for each exposure route; and (5) Estimate or calculate expected contaminant levels to which actual or potential receptors may be ~xposed. B. Toxicity Assessment - The purpose of the Toxicity Assessment is to define the applicable human health and environmental criteria for contaminants found at the site. The' criteria should be defined for ~ll potential exposure routes identified in the Expo~ure Assessment. DER standards shall be the criteria for constituents and exposure routes to which the standards apply. Criteria for constituents and exposure routes for which specific DER standards are not established shall be based upon criteria such as Recommended I>!aximum Contaminant Levels (RMCLs), Maximum Contaminant Levels, Average Daily Intake values (ADIs), Unit Cancer Risk values (UCRs), organoleptic threshold levels, Ambient Water Quality Criteria for Protection of Human Health and for Protection of Aquatic Life, and other relevant criteria as applicable. If there are no appropriate criteria available for the contaminants and exposure routes of concern, or the criteria are in an inappropriate format, the Respondent shall develop the criteria using equations and current scientific literature acceptable to toxicological experts. criteria for the ,following exposure routes shall be defined or developed as applicable: (1) Potable water exposure route - develop criteria - ., for ingestion, dermal Jontact, inhalation of vapo ri and mi s t s , utilizing applicable health criteria such as Recommended Maximum co~taminant Levesl (RMCLS), Maximum Contaminant levels, Average Daily Intake values (ADIS), Unit Cancer Risk .values (UCRS), - organoleptic threshold levels, and other relevant criteria as applicable. _ develop criteria for dermal contact, inhalation of vapors arid (2) Non-potable domestic water usage exposure route mists, ingestion of food crops irrigated with such water, lawn ' watering, ingestion by pets and livestock, and other related exposure. (3) Soil exposure route - develop criteria for ingestion, dermal contact, inhalation, ingestion by humans or animals of ,foodcrop~grown in contaminated soils. (4) Non~potable surface water exposure - develop criteria for prevention of adverse effects on human health (e.g. dermal contact effects on humans utilizing the resource for recreational purposes) or the environment (e.g. tox.ic effects of the contaminants on aquatic or marine biota, bio-accumulative effects in the food chain,_other .adverse effects that may affect the designated use of the resource as well as the associated l:5iota). (5)' Air exp<?sure route - develop criteria for' ex.posure to the contaminants in their unaffected state. C. Risk Characterization - The purpose of the Risk Characterization is to utilize the results of the Exposure Assessment and the Toxicity Assessment to characterize cumulative I Revised/G\1ICA/0888.l0 I I '. risks to the affected population and the environment from contaminants found at the site. Based on contaminant levels presently found at the site, a risk and impact evaluation will be performed which considers, but is not limited to: (1) Risks to human health and safety from the contamination including; (a) carcinogenic risk, and (b) non-carcinogenic risk. (2) Effects on the public welfare of exposure to the contamination which may include but not be limited to adverse affects on actually and potentially used water resources. (3) Environmental risks in areas which are or will be ultimately affected by the contamination including; (a) other aquifers, (b) surface waters (c) wetlands, (d) sensitive wildlife habitats, and (e) sensitive "areas including, but not limited to, National Parks, National Wildlife Refuges, National Forests, State Parks, State Recreation Areas, state Preserves. D. Justification for alternative Site Rehabilitation Levels (SRLs) or no action. proposal - The purpose of this section I is to provide justification on a case-by-case basis for a no action proposal or for alternative SRLs that'vary from Chapter 17-3, F~A.C. standards and minimum criteria or from any SRLs determined by the Department at which remedial action shall be deemed completed. Factors to be evaluated shall be, at a minimum: I I (1) The present and future uses of the affected aquifer and adjacent surface waters with particular consideration ,of the probability that the contamination is substantially affecting or will migrate to and substantially affect ,a public or private source of potable water; (2) Potential for futher degradation of the affected aquifer or degradation of other connected aquifers, (3) The tec~nical feasibility of achieving the SRLs ba~ed on a review of reasonably available technology; (4) Individual site char~cteristics, including natural rehabilitative processes; and (5) The results of the risk assessment. ,Applicable contaminant transport models must be employed to document that human health and environment risks from alternative and less stringent SRLs are acceptable. 11. The Department shall review the Risk Assessment/Justification document and determine whether it has adequately addressed the risk assessment task elements. The Department shall review th~justification section and determine whether the Department approves or disapproves of the alternative SRLs or the no action proposal~ 12. In the event that additional information is necessary to evaluate any port~on of the Risk Assessment/Justification documerit, the Department shall make a \Hitten request and Respondent shall provide all requested information within 20 days of receipt of said request. If the Department does not approve the no action proposal or the alternative,SRLs, the Respondent Revised/GW/CA/0888.12 I <I shall use the SRLs as determined by the Department. If the Department and Respondent agree to the remediation levels, either the SRLs determined by the Department or the- alternative SRLS, the Respondent shall implement the Feasibility study,' if required by the Depart~ent as set forth in paragraph 131 or submit the Remedi.al Action Plan (RAP) as set forth in paragraph 18. 13. The Department shall also determine from review of the CAR and other relevant information whether the Respondent should- prepare and submit a Feasibility Study (FS) to the Department. The FSwill be required in complex cases to evaluate technologies and remedial alternatives, particularly if multiple contaminant classes are represented or multiple media are contaminated. The purpose of the FS is to evaluate remedial technologies and remedial alternatives in orcder to identify the most environmentally sound and effective remedial action to achieve clean up of the site to SRLs or alternative SRLs (if approved). The FS shall be completed within 60 days of written notice that a FS is required, unless the Respondent plans to submit a pJ\J pursuant to paragraph 10. The FS shall include the following tasks: (A) Identify and review, pertinent treatment, containment, removal and disposal technologies; (B) Screen technologies to determine the most appropriate technologies; (C) Review and select potential remedial alternatives using the following criteria: (1) long and short term environmental effects; I I -, (2) implementability; (3) capital costSi (4) operation and maint€nance costs; (5) operation and maintenance requirementsi (6) reliability; (7) feasibilitYi (8) time required to achieve clean-up; and (9) potential legal barriers to implementati~n of any of the alternatives; (D) Iden~ify the ri~ed for pnd conduct pilot teits or bench tests to evaluate alternatives, if necessarYi ' contaminated soils will not produce a leachate which ,contains contaminants in excess of the SRLs or alternative SRLs(if approved) . ' 14. Within 45 days of completing the'FS, Respondent shall submit an FS Report to the Department'.' TheFS Report shall: A.' Summarize all FS task results;, and B. Propose a conceptual remedial action plan based on the selection process carried out in the FS. 15. The Department shall review'the FSReport for adequacy and shall determine whether the Department agrees with the proposed remedial action. In the event that additional information is necessary to evaluate the FS report, the Department 'shall make a written request and Respondent shall provide all Revised/GW/CA/0888.14 " .. I I requested information within 20 days from receipt of said request. 16. If the Department does not approve of the proposed reme9ial action, the Department will notify-the Respondent in writing of the determination. The Respondent shall then have 20 days from the Department's notification to resubmit a proposed alternate remedial action. 17. If the Department determines upon review of. the resubmitted remedial action proposal that it does not agree with the proposal, the Department at its option, may choose to ~ither: A. Choose a remedial action alternative for the Respondent to carry out; or B. . Notify the Respondent that Respondent has failed to comply with paragraph 16 above, in which case the Department may do any or all of the following: take legal action to enforce compliance with the Order# file suit to recover damages and civil penalties, or complete the corrective actions outlined herein and recover the costs of completion from Respondent. 18. Within 45 days of receipt of written notice from the D~partment, Respondent shall-submit to the Department a detailed Remedial Action Plan ("RAP"). The RAP'shall be signed and sealed by aregistered,professsional engineer in accordance with Chapter I 471, Florida Statutes. The objective of the remedial action shall be to achieve the clean up of the contaminated areas to the SP~s or the approved alternative SRLs. The RAP shall include: A. Rationale for the remedial action proposed which shall include at a minimum: (1) Results from any pilot studies or bench testsj I I ", ~'I' .. (2) Evaluation results for the proposed remedial alternative based on the following criteria: a. long and short term environmental impacts; b. implementability, which may include, but not be limited to, ease of construction, site access, and necessity for permits; c. operation and maintenance requirements; d. . reliability; e~ feasibility; and f.';' costs. (3) Soil cleanup criteria such that the contaminated soils will not produce a leachate which contains contaminants in excess of state Water , Quality Standards or minimum criteriaestablishedin17-3~ F.A.C. Subparagraph A requirements can be omitted if a Feasibility Study was required and approved by the Department. B. Design and cOnstruction details and specifications for the remedial alternative selected; , ' c." Operational details Of the remedial action including the disposition ,of any effluent, expected contaminant concentrations in the effluent, an effluent sampling schedule if , , treated ground water ~sbein~dischargedt6 ground~atet o~ to , ' ' surface waters, ,and the expected conCentrations and quanti ties of any contaminants dischaigedinto the air as a result of remedial action; D. " A separate QAPP document; E. Details of the treatment or disposition of any Revised/GW/CA/0888.16 " .- I 'I contaminated soils or sediments; F. : Proposed methodology including post remedial action ground water monitoring as applicable for evaluation of the site status after the remedial action is complete to verify accomplishment of the objective of the RAP; and G. Schedule for the completion of the remedial action. 19. The Department shall review the proposed RAP and provide Re~pondent with a written response to the proposal. Respondent shall not implement the RAP until Respondent receives written notification from the Department that the RAP has been approved. 20. In the event that additional information is necessary for the Department to evaluate the RAP, the Department shall make a written request to Respondent for the information, and Respondent shall provide all requested information in writing to the Department within 20 days from receipt of said request unless the requested information requires additional field work in which case the Respondent shall submit in writing to the Department a reasonable schedule for completing the field work needed to provide the requested information. 21. In the event that the Department determines,that the RAP submitted by the Respondent does not adequately address the objectives set forth in paragraph 18, the Department will notify the Respondent in writing of the RAP's deficiencies. The Respondent shall then have 20 days from the Department's notification to subrnit a modified RAP addressing the deficiencies noted by the Department. 1',,1 --I"~ ' 22. If the Department determines upon review of the resubmitted RAP that the RAP still does not adequately address the objectives of the RAP, the Department, at its option, may choose to either: A. Draft specific modifications to the RAP and notify the Respondent in writing that the Department'~ modifications shall be incorporated in the RAP; or B. Notify the Respondent that Respondent has failed to comply with the paragraph 21 above, in which case the Department may do any or all of the following:. take legal action to enforce compliance.with the Order, file suit to recover damages and civil penalties, or complete the, corrective actions outlined herein and recover the costs of completion from'Respondent. 23. . once, a RAP has beencapproved by the-Department, it shall . . , become effective and made a part of this Order and shall be implemented within ten days from receipt of the Department's notification to the Respondent that the RAP has been approved. .;The RAP shall incorporate all required modifications to the proposed RAP identified by: the Departm~nt. 24. Following termination.of:remedialaction (clean up. of the " oontaminateCi. a~ea ~o the SRLs 6rtlle approvedalternati ve SRLs) ~ designated monitoring wells shall be sampiedo.na ..schedule determined by the Department. 25. Following completion action and, post-remedial action monitoring, the Respondent shall submit a site Rehabilitation completion Report (SRCR)to the Department for approval. The SRCR shall be signed and sealed by a registered Revised/GWiCA/0888.l8 . . " . " '0 ' I I _. Professional Engineer in accordance with Chapter 471,F.S., unless . , RnO further actionR or Rmonitoring-onlyR was proposed and was approved by the Department. The SRCR shall contain a demonstration, with supporting documentation, that 'site cleanup objectives have been achieved. 26. Within sixty (GO) days of receipt of the SRCR, the Department shall approve the SRCR or make a determination that the SRCR does not contain sufficient information to support the demonstration that cleanup objectives have been achieved. 27. If the Department determines that the SRCR is not adequate based upon information' provided, the Department will , notify the Respondent in writing. Site -rehabilitation activities shall not be deemed completed until such time as the Department provides the Respondent with written notice that the SRCR is approved. 28. On the first working day of each month, after beginning implementation of a CAP or RAP, Respondent shall submit written progress reports to the Department. ~hese progress' reports shall describe the status of each required CAP and RAP task. The reports shall be submitted 'until planned tasks have been completed to the ,satisfaction of the Department; 29. Respondent shall provid~ written n6tif{c~tion to the Department at least ten days prior to installing monitoring or recovery wells, and shall allow Department personnel the opportunity to observe the location and installation of the wells. All necessary approvals must be obtained from the water management district before Respondent installs the wells. I I . '. ., ,~ .J "-.,. : 30. Respondent shall provide written notification to the Depa~tment at least ten days prior to any sampling, and shall allow Department personnel the opportunity to observe sampling or to take split samples.' Raw data shall be exchanged between the Respondent and the Department as soon as the data is available. 31. The Respondent is required to comply with all applicable loca), state and federal regulations and tO,obtain any necessary approvals ~rom local, state and federal authorities in carrying out these corrective actions. 32. If any event. oqcurs which .:causes delay or the reasonable ,- likelihood of. delay in the ,8:chievement of the requirements of these Corrective Action~,Respondent ~hall have the burden of proving that the delay was or will be caused by circumstances beyon9 _the,. r~as:onablecontfo1.ofRe~pondent, and"could' not have b~en or can not be overcome by due diligence. Upon occurrence of the event Respondent shall promptly notify the Department orally and shall, .within seven calend~rdays, notify. the Department in writing of the anticipated le?gth..and cause of delay, the measures taken to prevent or minimize the delay" a,nd the ','.,'- ~.._~',,'- .', :. ,,-,~.!, ,.,r.,._.... ',~,..:,.._~:.:', . ~,,"",: timetable; bY~l1~chR~spond,ent-: intends to ',impleI!lent : these measu.res . If, t~e,p~~ties,; can~gr~e ~.l}Ci~.;the ...delay , , or anticipated delay has been o.r ,~ill,b~caused by, circum5~ances beyond the reasonable,contrc>10fRe~p6~q.~nt,-thetiine.for . .' -;.:.' ~~, ~: " ~..., _ ~ ..- -:', .... -..~,. .' ,..., ~ ,.:.. : "": '.... '<. ....../: - ..' -:: ~.." ':~_'-"" _:,...;, ...1 ~:._,::,",.;, . '.,;... ..~ ,,:'::.':' " -' -; ;, '_~~, .-' 4 ~'" .", '.:'~ 7::::',:: / '" "' . performance hereunder, shall be extended fora p~riod equal to the . .' '. .~, - -" '-" ..', - . :. -- ,'- '. .' - ~. delay resulting from such circu~stances., Such agreement shall be confirmed by letter from, the Depar,tment accepting.or if necessary Revised/GWjCA/0888.20 , . i <, , I I I modifying the,extension request. Respondent shall adopt all reasonable measures necessary to avoid or minimize delay. Failure of,Respondent to comply with the notice requirements of this paragraph shall constitute a waiver of Respondent's right to request an extension of time to complete the requirements of these Corrective Actions. Increased costs of performance o~ any of the activities set forth in these Corrective Actions or changed economic circumstances shall not be considered circumstances beyond the control of Respondent.' 33~ Respondent shall immediately notify the Department of any p,roblems encountered by Respondent which require modification of any task in the approved CAP or RAP, and obtain Department approval prior to implementing any such modified tasks. 34. Should the Department conclude that clean up of the contaminated area to SRLs or approved alternative SRLs, is not feasible; or should Respondent 'not completely implement the RAP as approved by the Department; the Department may seek restitution from Respondent for environmental damages resulting from pollution ,as a result of Respondent's actions. within 20 days of receipt of Department written notification of its intent to seek said restitution, Respondent may pay the amount of the damages or may, if it so 6hoos~s, initiate negotiations with the D~part~ent regarding the monetary terms of restitution to the state. Respondent is aware that should a negotiated sum or other compensation for environmental damages not be agreed to by the Department and Respondent within 20 days of receipt of Department , ' .1', ,.~. . ~ . ~ ~--' I I .. ~ '~ . "- written notification of its intent to seek restitution, the ,.._~, Department may institute appropriate action, either ',- administrative, through a Notice of Violation, or judicial, in a court of competent jurisdiction through a civil complaint, to recover Department assessed environmental damages pursuant to Section 403.141, Florida Statutes.