INTERGOVERNMENTAL AGREEMENT - CONSENT ORDER FOR CLEARWATER MANUFACTURED GAS PLANT
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BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF F~ORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION,
IN THE OFFICE OF THE
SOUTHWEST DISTRICT
Complainant,
OGC FILE NO, 93-0230
vs.
CITY OF CLEARWATER,
Respondent.
INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement is entered into between the
State of Florida Department of Environmental Protection
("Department") and the City of Clearwater ("~espondent") to reach
settlement of certain matters at issue between the Department and
Respondent,
The Department finds and the Respondent admits the following:
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 Chapters
403 and 376, Florida Statutes, and rules promulgated thereunder
in Title 62 Florida Administrative Code, The Department has
jurisdiction over the matters addressed in this Intergovernmental
Agreement. The terms and conditions set forth in this
Intergovernmencal Agreement are enforceable as a consent order
pursuant to Section 120.57(3), Florida Statutes, which states
that unless precluded by law, informal disposition may be made of
any proceeding by stipulation, agreed settlement, or consent
order.
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2. Respondent is a person within the meaning of Section
403,031(5), Florida Statutes,
3. Responaent, the City of Clearwater, is the owner of
property located at 400 Myrtle Street, in Clearwater, Pinellas
County, Florida ("Property"), The property occupies
approximately 6 acres and is 1200 feet east of Clearwater Harbor,
a Class III water body, A location map is incorporated herein as
Exhibit I. The Property currently is used by the City of
Clearwater Gas Division and consists of an office building, a
purchasing building, a warehouse purchasing building, a meter
shop, a welding shop, pipe and chlorine storage areas, and buried
natural gas lines.
4. The City of Clearwater operated a manufactured gas plant
on this property from approximately 1929 to 1960. DEP alleges
that waste products typically generated from manufactured gas
plants include coal tar by-products, which can include, but are
not limited to, polynuclear aromatic hydrocarbons, benzene,
phenols, toluene, hydrogen cyanide, and heavy metals. The
present buildings on the site were constructed as the
manufactured gas plant was dismantled. The last gas holding tank
was removed in 1984.
5. NUS Corporation, a contractor for the United States
Environmental Protection Agency (EPA), prepared a June 22, 1990
report entitled "Screening Site Inspection, Phase II, Clearwater
Coal Gasification Plant, Clearwater, Pinellas County, Florida,
EPA ID #984 168 088" ("SSI"). The SSI reported the following
contaminants in the groundwater at the site:
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Maximum Maximum
Contaminant Concentration Contaminant Level
arsenic 11 mg/l 0.050 mg/l*
barium 110 mg/l 2.000 mg/l*
chromium- 51 mg/l 0,100 mg/l*
iron 8,500 mg/l 0.300 mg/l*
lead 55 mg/l 0, {1l5 mg/l*
manganese 560 mg/l 0.050 mg/l*
sodium 27,000 mg/l 160.000 mg/l*
benzene 0.55 mg/l 0.001 mg/l*
toluene 0,5 mg/l 0,040 mg/l*
ethylbenzene 1.1 mg/l 0.030 mg/l*
xylenes 0,8 mg/l 0.020 mg/l*
naphthalene 2.7 mg/l 0.0068 mg/l**
* Florida Groundwater Standards (Rules 62-550.310, 62-550,320
and 62-520,420, F.A.C.)
** Florida Groundwater Guidance Concentrations
The presence of polynuclear aromatic hydrocarbons (PARs) in the
groundwater was also noted in the SS1, but the concentration of
these PARs was not confirmed,
6. Respondent denies that any actual or threatened releases
requiring removal or remedial action are occurring or have
occurred at the property, and denies any liability for any
activities at, or circumstances presented at or by, conditions at
the property. However, in order to avoid difficult, prolonged,
and complicated litigation regarding these issues, the parties
recognize that the public interest is best served by this
voluntary agreement.
7. This Intergovernmental Agreement shall no~ be considered
an admission by Respondent of any violation of or liability under
any applicable federal, state, or local laws and regulations or
under any federal or state common law, nor shall it be used as
evidence in any administrative proceeding or proceeding at law,
except an action involving the terms or implementation of this
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Intergovernmental Agreement, or as otherwise provided herein.
8. Therefore, having reached resolution of the matter,
pursuant to Florida Administrative Code Rule 62-103,110(3), the
Department and the Respondent mutually agree and it is,
ORDERED:
9. Immediately upon the effective date of this
Intergovernmental Agreement, Respondent shall implement
corrective actions as set forth in the document entitled
"Corrective Actions for Contamination Site Cases", incorporated
herein as Exhibit II, within the time frames set forth therein,
Respondent's obligation to implement the corrective actions set
forth in Exhibit II shall be limited to those conditions for
which Respondent is otherwise liable for implementing corrective
actions under applicable federal, state and local laws.
Respondent expressly reserves any and all defenses, otherwise
available to Respondent under said applicable laws. The
Department shall review all submittals made by Respondent under
the terms and conditions of this Intergovernmental Agreement 'and
shall provide Respondent with the Department's responses thereto
in an expeditious manner. Where necessary, and after the
Respondent has exhausted all other reasonable means of obtaining
access, the Department will assist ~espondent with obtaining
access to adjacent properties during the term of this
Intergovernmental Agreement in order to implement these
corrective actions,
10. Within 30 days of the execution of this
Intergovernmental Agreement, Respondent shall pay the Department
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$2.500.00 for costs and expenses incurred by the Department
during the investigation of this matter, the preparation and
tracking of th1s Intergovernmental Agreement, and technical
review of submittals required by the "Corrective Actions"
document. Payment shall be made by cashier's check or money
order. The instrument shall be made payable to the Department of
Environmental Protection and shall include thereon the OGC number
assigned to this Intergovernmental Agreement and the notation
"Pollution Recovery Fund",
11. Respondent agrees to pay the Department stipulated
penalties for failure to timely comply with any of the
requirements of paragraphs 9, 10, and 15 of this
Intergovernmental Agreement pursuant to the following schedule:
a, One to 30 days late - no stipulated penalties will be
assessed.
b. 31 days to 60 days late - $100 per day.
c. Over 60 days late - $500 per day.
Notwithstanding this stipulated penalty schedule, stipulated
penalties shall not be assessed for the first 60 days if
Respondent could have received an extension of time as provided
-in paragraph 16. Within 30 days of written demand from the
Department, Respondent, shall make payment of the appropriate
stipulated penalties to "Florida Department of Environmental
Protection" by cashier's check or money order and shall include
thereon the OGC number assigned to this Intergovernmental
Agreement and the notation "Pollution Recovery Fund". The
Department may make demands for payment at any time after
violations occur. Nothing in this paragraph shall prevent the
Department from filing suit to specifically enforce any of the
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terms of this Intergovernmental Agreement, Any penalties
assessed under this paragraph shall be in addition to the
settlement-sum~greed to in paragraph 10 of this
Intergovernmental Agreement. If the Department is required to
file a lawsuit to recover stipulated penalties under this
paragraph, the Department will not be foreclosed from seeking
civil penalties for violations of this Intergovernmental
Agreement in an amount greater than the stipulated penalties due
under this paragraph,
12, Respondent shall post warning signs in connection with
the Corrective Actions performed under this Intergovernmental
Agreement to the extent requ~red by Chapter 62-736, Florida
Administrative Code. As of the date of this Intergovernmental
Agreement, Respondent contends that Chapter 62-736, Florida
Administrative Code, does not require the posting of warning
signs in connection with Corrective Actions required by Exhibit
II. The Department has made no determination at this time with
respect to the applicability of Chapter 62-736, Florida Ad-
ministrative Code, to the Corrective Actions performed by
Respondent at the site. Respondent agrees to provide the
Department with written notification verifying the posting of
warning ,signs within 14 days of a determination by Respondent
that Chapter 62-736, Florida Administrative Code or Section
403.7255, is applicable.
13. The Department, for and in consideration of the complete
and timely performance by Respondent of the obligations agreed to
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in this Intergovernmental Agreement, hereby waives its right to
seek judicial imposition of damages or civil penalties, as well
as its rignt torecover legal and/or administrative costs
incurred by the State of Florida, unless otherwise noted in this
Intergovernmental Agreement, for alleged violations outlined in
this Intergovernmental Agreement, Respondent waives its right to
an administrative hearing afforded by Section 120.57, Florida
Statutes, of the terms of this Intergovernmental Agreement,
Respondent acknowledges its right to appeal the terms of this
Intergovernmental Agreement pursuant to Section 120.68, Florida
Statutes, but waives that right upon signing this
Intergovernmental Agreement,
14. With regard to any final agency action made or taken by
the Department pursuant to this Intergovernmental Agreement,
Respondent may file a Petition for Formal or Informal
Administrative Hearing. If Respondent objects to the
Department's agency action pursuant to Section 120.57, Florida
Statutes, and Chapters 62-103 and 28-5, Florida Administrative
Code, Respondent shall have the burden to establish the
inappropriateness of the Department's agency action. The
petition must contain the information set forth below in
paragraph 15 and must be filed {received} at the Department's
Office of General Counsel, 2600 Blair Stone Road, Tallahassee,
Florida 32399-2400, within 21 days of receipt of the Department's
agency action the Respondent intends to challenge and must
conform with the requirements of Florida Administrative Code Rule
28-5.201. Failure to file a petition within this time period
shall constitute a waiver by Respondent of its right to request
an administrative proceeding under Section 120,57, Florida
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Statutes, The Department's determination, 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 Intergovernmental Agreement
and made a part of it, All other aspects of this
Intergovernmental Agreement shall remain in full force and effect
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at all times.
If Respondent seeks an administrative proceeding
pursuant to this paragraph in an effort to delay implementation
of the Corrective Actions, the Department may file suit against
Respondent to obtain judicial resolution of all the issues
unresolved at the time of the request for administrative
Froceeding.
In any such action, the Department shall not have
the burden of proving the administrative proceeding was brought
for the purposes of delay, Instead, the Respondent shall have
the burden of proving that it did not seek the administrative
proceeding for the purposes of delay.
15. Respondent shall publish the following notice in a
newspaper of daily circulation in Pinellas County, Florida. The
notice shall be published one time only within 21 days after
execution of the Intergovernmental Agreement by the Department.
Proof of publication shall be submitted to the Department within
30 days of the effective date of this Intergovernmental
Agreement.
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STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF INTERGOVERNMENTAL AGREEMENT
The Departm~nt of Environmental Protection gives notice of
agency action of entering into an Intergovernmental Agreement
with th~ City of Clearwater pursuant to Rule 62-103.110(3),
Florida Administrative Code. The Intergovernmental Agreement
addresses soil and aroundwater contamination assessment
activities and remedial activities, if necessary, in the vicinity
of 400 Myrtle Street, Clearwater, Florida. The Intergovernmental
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
Protection, 3804 Coconut Palm Drive, Tampa, Florida 33619-8318.
Persons whose substantial interests are affected by this
Intergovernmental Agreement have a right to petition for an
administrative hearing on the Intergovernmental Agreement. The
petition must contain the information set forth below and must be
filed (received) in the Department's Office of General Counsel,
2600 Blair Stone Road, Tallahassee, Florida 32399-2400, within 21
days of receipt of this notice. A cppy 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, F.S,
The petition shall contain the following information: (a) The
name, address, and telephone number of each petitioner; the
Department's identification number for the Intergovernmental
Agreement 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 Intergovernmental Agreement; (c) A
statement of how each petitioner's substantial interests are
affected by the Intergovernmental Agreement; (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 Intergovernmental Agreement; (f) A statement
of which rules or statutes petitioner contends require reversal
or modification of the Intergovernmental Agreement; (g) A
statement of the relief sought by petitioner, stating precisely
the action petitioner wants the Department to take with respect
to the Intergovernmental Agreement,
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 Intergovernmental Agreement 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,
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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, F.S" 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 28-5.207, F.A,C.
16, If any event occurs which causes delay, or the
reasonable likelihood of delay, in complying with the
requirements of this Intergovernmental Agreement, Respondent
shall have the burden of proving that the delay was, or will be,
caused by the circumstances beyond the reasonable control of
Respondent and could not have been or cannot be overcome by due
diligence. Economic circumstances shall not be considered
circumstances beyond ~he control of Respondent, nor shall the
failure of a contractor, subcontractor, materialman or other
agent (collectively referred to as "contractor") to whom
responsibility for performance is delegated to meet contractually
imposed deadlines be a cause beyond the control of Respondent,
unless the cause of the contractor's late performance was also
beyond the contractor's control. Upon occurrence of an event
causing delay, or upon becoming aware of a potential for delay,
Respondent shall notify the Department orally within 24 hours or
by the next working day and shall, within seven days of oral
notification to the Department, notify the Department in writing
of the anticipated length and cause of the delay, the measures
taken, or to be taken, to prevent or minimize the delay, and the
timetable by which Respondent intends to implement these
measures. If the parties can agree that the delay or anticipated
delay has been, or will be, caused by circumstances beyond the
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reasonable control of Respondent, the time for performance
hereunder shall be extended for a period equal to the agreed
delay resulting from such circumstances, Such agreement shall
adopt all reasonable measures necessary to avoid or minimize
delay. Failure of Respondent to comply with the notice
requirements of this paragraph in a timely manner shall
constitute a waiver of Respondent's right to request an extension
of time for compliance with the requirements of this
Intergovernmental Agreement.
17, Nothing herein shall be construed to limit the authority
of the Department to undertake any action against any Respondent
in response to or to recover the costs of responding to
conditions at or from the site that require Department action to
abate an imminent hazard to the public health, welfare or the
environment,
18. Immediately upon receipt of the Department's written
request, Respondent shall provide at its expense a permanent safe
drinking water supply meeting all drinking water standards set
forth in Florida Administrative Code Chapter 62-550 to replace
any potable water well that is shown by chemical and
hydrogeologic analyses to be contaminated by the Respondent's
operations.
19. Entry'of this Intergovernmental Agreement does not
relieve Respondent of the need to comply with the applicable
federal, state or local laws, regulations, or ordinances.
20. The terms and conditions set forth in this
Intergovernmental Agreement may be enforced in a court of
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'. competent jurisdiction pursuant to Sections 120,69 and 403,121,
Florida Statutes, Failure to comply with the terms of this
Intergovernmenral Agreement shall constitute a violation of
Section 403.161(1) (b), Florida Statutes.
21. Respondent is fully aware that a violation of the terms
of this Intergovernmental Agreement may subject Respondent to
judicial imposition of damages and civil penalties up to $10,000
per offense.
22. Respondent shall allow all authorized representatives of
the Department access to the property at reasonable times for the
purpose of determining compliance with the terms of this
Intergovernmental Agreement and the rules of t~e Department.
23. The Department hereby expressly reserves the right to
initiate appropriate legal action to prevent or prohibit any
violations of applicable statutes or the rules promulgated
thereunder that are not specifically addressed by the terms of
this Intergovernmental Agreement. Correspondingly, Respondent
reserves all of its legal rights and defenses against any such
legal action which may be initiated by the Department.
24. No modifications of the terms of this Intergovernmental
Agreement shall be effective until reduced to writing and
executed by both the Respondent and the Department.
25. All penalties, costs and expenses and two copies of all
reports, plans, and data required by this Intergovernmental
Agreement to be submitted to the Department should be sent to
Administrator, Division of Waste Management, Southwest District,
Department of Environmental Protection, 3804 Coconut Palm Drive,
Tampa, Florida 33619-8318. When appropriate, the Department may
request more than two copies,
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26, Within 10 days of receipt of the Department's written
Contamination Assessment Report (CAR) approval, Respondents shall
submit a copy 6f the approved CAR to the Southwest District Water
Management District at the following address:
Ken Weber
Resources Protection Section
Southwest Florida Water Management District
2379 Broad Street
Brooksville, Florida 34609-6899
27, The provisions of this Intergovernmental Agreement shall
apply to and be binding upon the parties, successors, and
assigns.
28, If all of the requirements of this Intergovernmental
Agreement have not been fully satisfied, Respondent shall at
least 14 days prior to a sale or conveyance of the property, (1)
notify the Department of such sale or conveyance, and (2) provide
a copy of this Intergovernmental Agreement with all attachments
to the new owner.
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29, This Intergovernmental Agreement is final agency action
of the Department pursuant to Section 120.69, Florida Statutes
and Florida Administrative Code Rule 62-103.110(3), and it is
final and effective on the date filed with the Clerk of the
Department unless a petition for Administrative Hearing is filed
in accordance with Chapter 120, Florida Statutes. Upon the
timely filing of a petition this Intergovernmental Agreement will
not be effective until further order of the Department.
FOR THE RESPONDENT:
FOR THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION:
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Title
~ c ar D. G
Director of istrict Management
Southwest District
Dated:
DONE AND ORDER~ this
day of f\~~ ,
FtUNG AND ACKNOWLEDGt:MENT in Tampa, lorida.
F1LEo. on thtS date. pursuant to 5120,52
florida Statutes, with the d~ignated Depart-
ment Clerk. receipt, of which is hereby acknoW-
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Countersign~ ,e CllY OF CLEARWATER, FLORIDA
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By: ~~ ~2Y"
Eliz th M. eptula
City Manager
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest:
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Pamela K. Akin
City Attorney
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Cyn 'a E. Goudeau_'
City Clerk
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CORRECTIVE ACTIONS FOR CONTAMINATION SITE CASES
Index
Section Paraqraohs
Part 1 Oualitv Assurance Certification
Part 2 Interim Remedial Actions
Part 3 Contamination Assessment and Risk Assessment
Part 4 Remedial Planninq and Remedial Actions
Part 5 Termination of Remedial Actions
Part 6 Proqress Reportinq and Notifications
1
2 throuqh 7
8 throuqh 20
21 throuqh 37
38 throuqh 41
42 throuqh 48
Part 1 Oualitv Assurance Certification
1. Within 30 days of the effective date of this Order, Respondent
shall
submit
to
the
Department
documents
certifying
that
the
organization(s) and laboratory(s) performing the sampling and analysis
have a DEPARTMENT APPROVED Comprehensive Quality Assurance Plan (Comp
QAP) in which they are approved for the sampling and analysis intended to
be used for the assessment and corrective actions at the si te. The
documentation shall, at a minimum, contain the TITLE PAGE and TABLE OF
CONTENTS of the approved CompQAP meeting the requirements of Rule 17-160,
F.A.C.
If the organization(s) or laboratory(s) performing the sampling
and analysis change at any time during the assessment and corrective
actions, documentation of their DEPARTMENT APPROVED Comp QAP wi II be
required. If at any time sampling and analysis are to be conducted which
are not in the ApprovedComp QAP, documentation of amendments and
approvals pursuant to Rule 17-160.210, F.A.C., shall be required.
Part 2 Interim Remedial Actions
2. If at any time. fOllowing the effective date of an Order
incorporating these procedures, the Department determines that an Interim
Remedial Action(IRA) "is appropriate, the Respondent shall submit to the
Department a detailed written Interim Remedial Action Plan (IRAP). The
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I RAP shall be submitted within sixty (60) days following Department
determination that an IRA is appropriate. Applicable portions of the
IRAP shal-l be signed and sealed pursuant to Rule 17-103.110(4), F.A.C.
The objectives of the IRA shall be to remove specific known contaminant
source(s), and/or provide temporary controls to prevent or minimize
contaminant migration. The IRA shall not spread contaminants into
uncontaminated or less contaminated areas through untreated discharges or
improper treatment, The IRAP may include the following, as appropriate:
A. Rational for the IRA proposed, incorporating engineering
and hydrogeological considerations including, as applicable, technical
feasibility, long-term and short-term environmental effects,
implementability (including any permits or approvals from federal, state,
and local agencies), and reliability;
B. Design arid construction details and specifications for
IRA;
C. Operational details of the IRA including the disposition
of any effluent, expected contaminant concentrations in the effluent, an
effluent sampling schedule if treated ground water is being discharged to
ground water, surface water, or to the ground; and the expected
concentrations and quantities of any contaminants discharged into the air
as a result of remedial action;
D. 'Operation and maintenance plan for the IRA including,
but not necessari ly limited to dai ly, weekly, and monthly operations
under routine conditions; a contingency plan for nonroutine conditions;
E. Details of the treatment or disposition of any
contaminated soils or sediments;
F. Proposed methodology including post-IRA soi I, sediment,
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surface water, and ground water monitoring, as applicable, to confirm the
effectiveness_of the interim remedial action;
G. Schedule for the completion of the IRA; and
H. A Department approved (Comp QAP) shall be required for,
all sampling and analysis performed as part of the IRA.
3. The Department shall review the proposed IRAP and provide
Respondent with a written res~onse to the proposal. Respondent shall not
implement the IRAP until Respondent receives written notification from
the Department that the IRAP has been approved.
4. In the event that additional information is necessary for
the Department to evaluate the IRAP, or if the IRAP does not adequately
address the objectives set forth in Paragraph 2, the Department will make
a written request to Respondent for the information, and Respondent shall
provide all requested revisions in writing to the Department within
thirty (30) days from receipt ,of said request, unless the requested
information requi res additional time for a response, in which case the
Respondent shall submit in writing to the Department wi thin 30 days of
the Department's request, a reasonable schedule for completing the work
needed to provide the requested information.
5. If the Department determines upon review of the resubmi tted
IRAP that the IRAP still does not adequately address the objectives of
the IRAP, the Department, at its option, may choose to either:
A. Draft specific modifications to the IRAP and notify the
Respondent in writing that the Department's modifications shall be
incorporated in the IRAP; or
B. Notify the Respondent that Respondent has failed to
comply with the Paragraph 4 above, in which case the Department may do
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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 th~ corrective actions outlined herein and recover the costs of
completion from Respondent.
6. Once an IRAP has been approved by the Department, it shall
become effective ~nd made a part of this Order and shall be implemented
within thirty (30) days from receipt of the Department's notification to
the Respondent that the IRAP has been approved. The approved IRAP shall
incorporate all required modifications to the IRAP identified by the
Department.
7. On the first working day of each month, after beginning
implementation of an IRAP, the Respondent shall submit written progress
reports to the Department.
These reports shall describe the sta'tus of
each required task and, when available, the results of any confirmatory
sampling and monitoring.
The reports shall be submitted until planned
tasks have been completed to the satisfaction of the Department.
Part 3 Contamination Assessment
8. 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).
Applicable portio'ns of the CAP shall be signed and sealed
pursuant to Rule 17-103.110(4), F.A.C.
If the Respondent has previously
conducted a Preliminary Contamination Assessment, the Respondent shall
submit to the Department a detailed ~ritten 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.
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A. The objectives of the Contamination Assessment shall be
to:
(1) Establish the horizontal 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, both onsite
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and offsite, of any and all contaminated media;
(4) Determine the amount of product lost, and the time
period over which it was lost (if applicable);
(5) If leaking storage tanks may be the source of the
contamination, determine the str~ctural integrity of all
aboveground and underground storage systems (including integral piping)
which exist at the site (if applicable);
(6) Establish the vertical and horizontal extent of
free product (if applicable);
(7) Describe pertinent geologic and hydrogeologic
characteristics of affected and potentially affected hydrogeologic zones;
(8) Descr1be geologic and hydrogeologic characteristics
of the site which" influence migration and transport of contaminants; and
(9) Provide a site history as specified in Paragraph
BC. (1).
B. The CAP shall specify tasks, which are necessary to
achieve the objectives described in Paragraph B.A. above. The CAP shall
include a reasonable and detailed time schedule for completing each
task. The tasks may include, but are not limited to, the following:
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(1) Use of piezometers or wells to determine the
horizontal and vertical directions of the ground water flow;
-(2) Use of Electromagnetic Conductivity (EM) 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 moni toring wells to sample ground water in
affected areas and to determine the vertical. and horizontal extent of the
ground water plume;
(5) Sampling of public and private wells;
(6) Sampling of surface water and sediments;
(7) Sampling of air for airborne contaminants;
(8) Analysis of soils and drum and tank residues for
hazardous waste determination and contaminant characterization;
(9) Use of geophysical equipment such as vapor
analyzers, magnetometers, ground penetrating radar, or metal detectors to
detect tanks, lines, etc.;
(10) Determination of the horizontal and vertical extent
of soil and sediment contamination;
(11) Use of soil and well borings to determine pertinent
si te-specffic geologic and hydrogeologic characteristics of affected and
potentially affected hydrogeologic zones such as aquifers, confining
beds, and unsaturated zones;
(12) Use of geophysical methods, pump tests and slug
tests to determine geologic and hydrogeologic characteristics of
affected and potentially affected hydrogeologic zones; and
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(13) As a mandatory task, preparation and submittal of a
written Contamination Assessment Report ("CAR") to the Department.
C. The CAP shall provide a detailed technical approach and
description of proposed methodologies describing how proposed tasks are
to be carried out. The CAP shall include, as applicable, the fOllowing
information:
(l) A detai led si te history including: a description
of past and present property and/or faci Ii ty owners; a description of
past and present operations including those which involve the storage,
use, processing or manufacture of materials which may be potential
pollution sources; a description of all products used or manufactured and
of all by-products and wastes (including waste constituents) generated
during the life of the facility; a summary of current and past
environmental parmits and enforcement actions; a summary of known spills
or releases of materials which may be potential pollution sources: and an
inventory of potential pollution sources within 0.25 (one quarter) mile;
(2) Details of any previous site investigations
including results of any preliminary ground water flow evaluations;
(3) Proposed sampling locations and rationale for their
placement;
(4) A description of methods and equipment to be used
to identify and qpantify soil or sediment contamination;
(5) A description of water and air sampling methods:
(6) Parameters to be analyzed for, analytical methods
to be used, and detection limits of these methods and justification for
their selection;
(7) Proposed piezometer and well construction details
GW/CA/0792.7
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including methods and materialc
well installation depths and screened
intervals, well development pre
;lres;
~8) A descrlption of methods proposed to determine
aqui fer p-roperties (e. g., pump tests, s lug tests, permeabi Ii ty tests,
computer modeling);
(9) A descript ion of geophys ica 1 methods proposed for
the project;
(10)
Details
of
any other
assessment
methodology
proposed for the site;
(11) A description of any survey to identify and sample
public or private wells which are or may be affected by the contaminant
plume;
(12)
A description
of
the
regional
geology
and
hydrogeology of the area surrounding the site;
(13) A description of site features (both natural and
man-made) pertinent to the assessment;
(14) A description of methods and equipment to be used
to determine the site specific geology and hydrogeology; and
(15) Details of how drill cuttings, development and
purge water from installation of monitoring wells will be collected,
managed and disposed of.
D. The CAP shall contain as a separate document a Quality
,
Assurance Project Plan (OAPP), which shall apply to all sampling and
analysis required by this Order.
The QAPP shall comply with all
applicable requirements of Rule 17-160, F,A.C.
In the event that the
Respondent wishes to amend or change an approved QAPP or ~he Department
requires a, new QAPP or modification of the previously approved QAPP,
GW/CA/0792.8
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protocols specified in Rule 17-160.220(7), F.A.C., shall be fOllowed. If
the QAPP modifications are required by the Department, the QAPP shall be
submi tted to the Department within 30 days of receipt of a notice from
the Department to do so. The Department, at its discretion, may grant an'
extension of time ,for submittal of the QAPP. 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 if there is reasonable doubt as to the quality of the data or
methods used or which are not in accordance with the Department approved
QAPP.
9. The Department shall review the CAP and QAPP and provide the
Respondent with written responses to the plans. Any action taken by
Respondent with regard to the implementation of the CAP and QAPP prior to
the Respondent receiving written notification from the Department that
the CAP and QAPP have been approved shall be at Respondent's risk.
10. In the event that additional information is necessary
for the Department to evaluate the CAP and/or QAPP, or if the CAP and/or
QAPP do not adequately address the CAP objectives set forth in Paragraph
8.A and/or the QAPP requirements referenced in Paragraph 8.D, the
Department will make a written request to Respondent for the information,
and Respondent shall provide all requested revisions in writing to the
Department within' thirty (30) days from receipt of said request, unless
the requested information requires additional time for a response, in
which case the Respondent shall submit in writing to the Department
within thirty (30) days of the Department's request, a reasonable
schedule for completing the work needed to provide the requested
information.
GW/CA/0792.9
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11. If the Department determines upon review of the resubmitted
CAP and/or QAPP that the CAP and/or QAPP still do not adequately address
-
the objec_tives and/or requirements in Paragraph B.A and/or B.D, tL~
Department, at its option, may choose to either:
A. Draft specific modifications to the CAP and/or QAPP and
notify the Respondent in writing that the Department's modifications
shall be incorporated in the CAP and/or QAPP; or
B. Notify the Respondent that Respondent has failed to
comply with Paragraph 10, 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
contamination assessment and corrective actions outlined herein and
recover the costs of completion from Respondent.
12. Once a CAP and QAPP both have been approved by the
Department, they shall become effective and made a part of this Order and
shall be implemented within thirty (30) days of the Department's written
notification to the Respondent that the CAP and QAPP have been approved.
The approved CAP and QAPP shall incorporate all required modifications to
the proposed CAP and QAPP 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.
All reporting a~d notification requirements spelled out in paragraphs 42
through 47 shall be complied with during the implementation of the CAP
tasks.
13. Within 45 dayS of completion of the tasks in the CAP,
Respondent shall submit a wri tten Contamination Assessment Report (CAR)
to the Department.
Applicable portions of the CAR shall be signed and
sealed pursuant to Rule 17-103.110(4), F.A.C. The CAR shall:
GW/CA/0792.l0
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A. Summarize all tasks which were implemented pursuant to
the CAP;
-
B.
Specify
results
and
conclusions
regarding
the
Contamination Assessment objectives outlined in Paragraph a.A.;
C. Include, but not be limited to, the following tables and
figures:
(1) A table with well construction details, top of
casing elevation, depth to water measurements, and water elevations;
(2) A site map showing water elevations, water table
contours and the groundwater flow direction for each aquifer monitored
for each sampling period;
(3) A table with water quality information for all
monitor wells;
(4) Site maps showing contaminant concentrations and
contours of the contaminants; and
(5) Cross sections depicting the geol~gy of the site at
least to the top of the confining unit.
In general there should be at
least one north to south cross section and one east to west cross section.
D. Include copies of field notes pertaining to field
procedures, particularly of data collection procedures; and
E. Specify recommendations for ei ther No Further Action
(NFA) , a Monitor~ng Only Plan (MOP), additional contamination assessment,
a Risk Assessment/Justification (RAJ) , a Feasibility Study (FS) or
remedial actions requiring a Remedial Action Plan (RAP).
14. The Department shall review the CAR and determine whether it
has adequately met the objectives specified in Paragraph a .A.
In the
event that additional information is necessary for the Department to
GW/CA/0792.ll
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evaluate the CAR or if the CAR does not adequately address the CAP
objectives set forth in Paragraph SA, the Department will make a written
request to 'the 'Respondent for the information, and the Respondent shall
provide all requested revisions in writing to the Department within
thirty (30) days from receipt of said request, unless the requested
information requires additional time for a response, in which case the
Respondent shall submit in writing to the Department, within thirty (30)
days of the Department's request, a reasonable schedule for completing
the work needed to provide the requested information.
15. If the Department decides upon r~view of the CAR or the CAR
Addendum that all of the CAP objectives and tasks have been
satisfactorily completed and that the recommended next action proposed is
reasonable and justified by the results of the contamination assessment,
the Department will provide written approval to the Respondent.
16. If the Department determines upon review of the CAR or the
CAR Addendum that the CAR still does not adequately address the
objectives in Paragraph SA, or that the next proposed action is not
acceptable, the Department, at its option, may choose to either:
A. Draft specific modification to the CAR and notify the
Respondent in writing that the Department's modifications shall be
incorporated in the CAR; o'r
B. Notify the Respondent that Respondent has failed to
comply with Paragraph 14, 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
contamination assessment and corrective actions outlined herein and
recover the costs of completion from Respondent.
GW/CA/0792.12
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17. The Department, at its option, may establish from review of
the CAR and other relevant information the Si te Rehabi Ii tation Leve'ls
(SRLs) 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 ground water as determined by the Department
shall be the Rule 17-3, F.A.C. standards and the Department's numerical
interpretation of the Rule 17-3, F .A. C, minimum cri teria. The SRLs for
surface waters shall be those specified in Rule 17-302, F.A.C. The
Department, at its option, may define the SRLs for soils and sediments or
may require that a risk assessment be completed by the Respondent to
define SRLs for soils or sediments that are sUfficiently contaminated to
present a risk to the public health, the environment or the public
welfare. If the Department does choose to provide SRLs to the Respondent
and does not choose to require or approve a risk assessment and requires
the Respondent to remediate the site to those SRLs, the Respondent shall
implement the FS, if required by the Department as set forth in Paragraph
28, or submit the RAP as set forth in Paragraph 33.
18. After completion and Department approval of the CAR, the
Respondent shall prepare and submit to the Department a RAJ if the
Department requires the task, or if (with Department approval) the
Respondent proposes to develop and justify SRLs other than those
determined by the Department or if (with Department approval) the
Respondent intends to justify a monitoring only proposal or a no further
action proposal for the site. where the results of the contamination
assessment alone do not support a "monitoring only" or "no further
action" proposal. In most instances the Department will not approve the
use of a RAJ to develop alternative SRLs for water if a standard exists
GW/CA/0792.l3
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or a numerical interpretation of the minimum criteria has been developed
by the Department for the constituent for a particular class of water or
in all waters. -The RAJ which includes a risk assessment and a detailed
justification of any alternative SRLs or "monitoring only" or "no furtheJ
action" proposals shall be submitted within sixty (60) days of the
Department's written approval of the CAR and notice that a RAJ is
required, or within sixty (60) days of the Department's written approval
of the CAR and the RAJ recommendation. 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 Exposure 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;
(2) Identify possible transport pathways;
(3) Identify actual and potential exposute routes;
(4) Identify actual and potential receptors for each
exposure route; and
(5) Calculate expected contaminant levels to which
actual or potential receptors may be exposed.
B. Toxicity Assessment - The purpose of the Toxicity Assessment
is to define the applicable human health and envi ronmental cri teria for
contaminants found at the site. The criteria should be defined for all
potential exposure routes identified in the Exposure Assessment. DER
standards shall be the criteria for constituents and exposure routes to
GW/CA/0792.14
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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 Maximum Contaminant Levels (RMCLS), Maximum
Contaminant Levels (MCLs), Average Daily Intake values (ADIs),
Carcinogenic Slope Factor (SF), Reference Doses (Rfds), 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 cri teria are in an
inappropriate format, the Respondent shall develop the cri teria using
equations and current scientific Ii terature acceptable to toxicological
experts. Criteria for the following exposure routes shall be defined or
developed as applicable:
(1) Potable water exposure route - develop cri teria for
ingestion, dermal contact, inhalation of vapors and mists, utilizing
applicable health criteria such as RMCLs, MCLs, ADIs, SF, Rfds,
organoleptic threshold levels, and other relevant criteria as applicable.
(2) Non-potable domestic water usage exposure route _
develop criteria for dermal contact, inhalation of vapors and mists,
ingestion of food crops irrigated with such water, lawn watering~
ingestion by pets and livestock, and other related exposure.
.( 3) Soi I exposure route develop cri teri a for
ingestion, dermal contact, inhalation, ingestion by humans or animals of
food crops 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
GW/CA/0792.l5
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purposes) or the environment (e. g. toxic effects of the contaminants on
aquatic or marine biota, bio-accumulati ve effects in the food chain,
other adver~e effects that may affect the designated use of the resource
as well as the associated biota).
(5) Air exposure route - develop criteria for exposure
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 risks to the
affected population and the environment from- contaminants found at the
site.
Based on contaminant levels presently found at the si te, a risk
and impact evaluation will be performed which considers, but is not
limited to:
(1)
Risks
to human hea 1 th
and
safety
f rom 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; and
(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,
GW/CA/0792.16
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National Parks, National Wildlife Refuges, National Forests, State Parks,
State Recreation Areas, State Preserves.
D. Justification for proposed Site Rehabilitation Levels
(SRLs) or a "monitoring only" or "no further action" proposal; The
purpose of this section is to provide justification on a case-by-case
basis for a "no further action" or "monitoring only" proposal or for
proposed SRLs at which remedial action shall be deemed completed.
Factors to be evaluated shall be, at a minimum:
(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 further degradation of the affected
aquifer or degradation of other connected aquifers;
(3) The technical feasibility of aChieving the SRLs
based on a review of reasonably available technology;
(4 ) Individual si te characteristics, including natural
rehabilitative processes; and
(5) The results of the risk assessment.
19. The Department shall review the RAJ document and determine
whether it has aQequately addressed the risk assessment task elements.
In the event that additional information is necessary to evaluate any
portion of the RAJ document, the Department shall make a written request
and Respondent shall provide all requested information within 20 days of
receipt of said request.
GW/CA/0792.l7
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20. The Department shall review the justification section and
determine whether the Department approves or disapproves of the proposed
SRLs or "monitoring only" proposal or "no further action" proposal. If
the Department does not approve the proposed SRLs, the Respondent shall
use the SRLs as determined by the Department. If the Department requires
the use of the Department determined SRLs or if the Department approves
of the alternative SRLs justified by the Respondent or if the Department
does not approve the monitoring only or no further action proposals the
Respondent shall implement the Feasibility Study, if required by the
Department as set forth in Paragraph 28, or 'submi t the Remedial Action
Plan (RAP) as set forth in Paragraph 33.
Part 4 Remedial Planning and Remedial Actions
21. If the approved CAR or approved RAJ recommends a MOP, the
Respondent shall submit to the 'Department, within forty five (45) days
from receipt of written Department approval of the CAR or RAJ a MOP.
Applicable portions of the MOP shall be signed and sealed pursuant to
Rule 17-103.110(4), F.A.C. The MOP shall provide a detailed technical
approach and description of proposed moni toring methodologies. The MOP
shall include, but may not be limited to, the following:
A. Environmental media for which moni toring is
moni toring locations and rationale for the selection of each
and proposed monitoring frequency;
B. Parameters to be analyzed, analytical methods to be
used, and detection limits of these methods;
c. Methodology for evaluating contamination trends based on
data obtained through the MOP ~nd a proposed format including a time
table for submittal of monitoring data and data analysis to the
Department; and
proposed,
location,
GW/CA/0792.18
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D. A detailed contingency plan describing proposed actions
to be taken if trends indicate that contaminant concentrations are
increasing, ground water standards or criteria are exceeded for
monitoring locations at which exceedences did not Occur during the.
previous monitoring period, or monitoring data appear questionable.
22. The MOP shall contain as a separate document a new or
modified QAPP, if the circumstances or conditions listed in Rule
17-160.220(7) I F.A.C., have occurred, which shall apply to all sampling
and analysis required to implement the MOP. The new or modified QAPP
shall be prepared in accordance with Paragraph aD.
23. The Department shall review the MOP, and provide the
Respondent with a written response to the proposal. Any action taken by
the Respondent wi th regard to the implementation of the MOP before the
MOP has been approved shall be at Respondent's risk.
24. In the event that additional information is necessary for
the Department to evaluate the MOP or if the MOP does not adequately
address the MOP requirements set forth in Paragraph 21, the Department
will make a written request to Respondent for the information, and
Respondent shall provide all requested revisions in writing to the
Department within thirty (30) days from receipt of said request, unless
the requested information tequires additional time for a response, in
which case the Respondent shall submit in writing to the Department
wi thin 30 days of the Department. s request, a reasonable schedule for
completing the field work needed to provide the requested information.
25. If the Department determines upon r~view of the resubmi tted
MOP that the MOP still does not adequately address the requirements in
Paragraph 21, the Department at its option, may choose to either:
GW/CA/0792.l9
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A. Draft specific modification to the MOP and notify the
Respondent in writing that the Department's modifications shall be
incorporat_ed in the MOP; or
B. Notify the Respondent that Respondent has failed t,o
comply with paragraph 24, 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
contamination assessment and corrective actions outlined herein and
recover the costs of completion from Resporident.
26. Once a, MOP has been approved by the Department, it shall
become effective and made a part of this Order, and shall be implemented
within thirty (30) days of the Department's written notification to the
Respondent that the MOP has been approved. The approved MOP shall
incprporate all required modifications to the MOP identified by the
Department.
27. The Respondent shall submit the required monitoring data and
data analysis products to the Department according to the time table in
the approved MOP. If at any time trends are discovered by the Respondent
that require the actions proposed in the approved contingency plan to be
necessary, the Respondent shall notify the Department in a timely manner.
28. The Department;, at its option, shall also determine from
review of the C~R and other relevant information whether the Respondent
should prepare and submit a FS to the Department. Applicable portions of
the FS shall be signed and sealed pursuant to Rule 17-103.110(4), F.A.C.
The FS wi II be required in complex cases to eva luate techno logies and
remedial alternatives, particularly if multiple contaminant classes are
represented or multiple media are contaminated. The purpose of the FS is
GW/CA/0792.20
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to evaluate remedial technologies and remedial alternatives in order to
identify the ~ost-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 d
FS is required, unless the Respondent plans to submit a RAJ pursuant to
Paragraphs 17 or 18. 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;
the fOllowing criteria:
C. Review and select potential remedial alternatives using
(1) long and short term environmental effects;
(2) implementability;
(3) capital costs;
(4) operation and maintenance costs;
(5) operation and maintenance requirements;
(6) reliability;
(7) feasibility;
(8) time required to achieve clean-up; and
of the alternatives;
(9) potential legal barriers to implementation of any
D. Identify the need for and conduct pilot tests or bench
tests to evaluate alternatives, if necessary;
E. Select the most appropriate remedial alternative; and
F. Develop soil cleanup criteria such that the contaminated
soils will not produce a leachate which contains contaminants in excess
of the SRLs or alternative SRLs (if approved).
GW/CA/0792~2l
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29. Within 45 days of completing the FS, Respondent shall
submit an FS Report to the Department. The FS Report shall:
A. Summarize all FS task results; and
B. Propose a conceptual remedial action plan based on th'e
selection process carried out in the FS,
30. The Department shall review the FS Report for
adequacy and shall determine whether the Department agrees with the
proposed remedial action. In the event that addi tional information is
necessary to evaluate the FS report, the Department shall make a written
request and Respondent shall provide all requested information within 20
days of receipt of said request.
31. If the D~partment does not approve of the proposed remedial
action, the Department will notify the Respondent in
wri ting of the determination. The Respondent sha II
from the Department's notification to resubmit a
remedial action.
then have 20 days
proposed alternate
32. If the Department determines upon review of the resubmi tted
remedial action proposal that it does not agree with the proposal, the
Department at its option, may choose to either:
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 30 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.
GW/CA/0792.22
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33. Within 45 days of receipt of written notice from the
Department, Respondent shall submit to the Department a detailed RAP.
Applicable portions of the RAP shall be signed and sealed pursuant' to
Rule 17-103.110(4), F.A.C. The objective of the remedial action shall be
to achieve the clean up of the contaminated areas to the SRLs or the
approved alternative SRLs. The RAP shall include as applicable:
A. Rationale for the remedial action proposed which shall
include at a minimum:
(1) Results from any pilot studies or bench tests;
(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 criteria established in 17-3,
F.A.C.
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
GW/CA/0792.23
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ground water is being discharged to ground water or to surface waters,
and the expected concentrations and quantities of any contaminants
discharged into ~he air as a result of remedial action;
D. A separate new or modified QAPP
circumstances or conditions listed in Rule 17-160.220(7),
(' '7
occurred, subject to the review procedures outlined in
through 12 and prepared in accordance with Paragraph 8.D;
E. Details of the treatment or disposition
document if
F.A.C., have
Paragraphs 9
of
any
contaminated soils or sediments;
F. Proposed
ground water monitoring as
after the remedial action
objective of the RAP; and
G. Schedule for the completion of the remedial action.
34. The Department shall review the proposed RAP and provide
Respondent 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.
35. In the event that additional information is necessary for
the Department to evaluate the RAP, or if the RAP does not adequately
address the objectives and requirements set forth in Paragraph 33, the
Department will make a wri~ten request to Respondent for the information,
and Respondent shall provide all requested revisions in writing to the
Department within forty five (45) days from receipt of said request,
unless the requested information requires additional time for a response,
in which case the Respondent shall submit in writing to the Department,
within forty five (45) days of the Department's request, a reasonable
methodology including post remedial action
applicable for evaluation of the site status
is complete to verify accomplishment of the
GW/CA/0792.24
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GW/CA/0792.25
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39. Following completion of monitoring requirements pursuant to
the approved MOP or of the remedial action and post-remedial action
monitoring, the Respondent shall submit a Site Rehabilitation Completion
Report (SRCR) to the Department for approval.
The SRCR shall contain ~
demonstration,
with
supporting
documentation,
that
site
cleanup
objectives have been achieved. Applicable portions of the SRCR shall be
signed and sealed pursuant to Rule 17-103,110(4), F.A.C.
40. Within sixty
(60)
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 de~onstration that
cleanup objectives have been achieved.
41. 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
Respond~nt with written notic~ that the SRCR is approved.
provides
the
Part 6 proaress Re~ortina and Notifications
42. On the first working day of each month, after beginning
implementation of a IRAP, CAP or RAP, Respondent shall submit written
progress reports to the Department.
These progress reports shall
describe the status of each required IRAP, CAP and RAP task.
The reports
shall be submitted until planned tasks have been completed to the
satisfaction of the Department.
43.
Respondent
shall provide written notification to the
Department at least ten days prior to installing monitoring or recovery
wells, and shall allow Department personnel the opportuni ty to observe
GW/CA/0792.26
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the location and installation of the wells.
All necessary approvals must be obtained from the water management
district before Respondent installs the wells.
44. Respondent shall provide written notification to the
Department at least twenty (20) days prior to any sampling, and shall
allow Department personnel the opportunity to observe sampling or to take
spli t samples. Raw data shall be exchanged between the Respondent and
the Department as soon as the data is available.
45. The Respondent is required to' comply wi th all applicable
local, state and federal regulations and to obtain any necessary
approvals from local, state and federal authorities in carrying out these
corrective actions.
46. If any event Occurs which causes delay or the reasonable
likelihood of delay in the achievement of the requirements of these
Corrective Actions, Respondent shall have the burden of proving that the
delay was o~ will be caused by circumstances beyond the reasonable
control of Respondent, and could not have been or can not be overcome by
due diligence. Upon occurrence of the event Respondent shall, promptly
notify the Department orally and shall, within seven calendar days,
notify the Department in writing of the anticipated length and cause of
delay, the measures taken or to be taken to prevent or minimize the
delay, and the time table by which Respondent intends to implement these
measures. If the parties can agree that the delay or anticipated delay
has been or will be caused by circumstances beyond the reasonable control
of Respondent, the time for performance hereunder shall be extended for a
period equal to the delay resulting from such circumstances. Such
agreement shall be confirmed by letter from the Department accepting or
if necessary mOdifying the extension request. Respondent shall adopt all
GW/CA/0792.27
"I
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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 of any of the activities set forth in these
Corrective Actions or changed economic ~ircumstances shall not be
considered circumstances beyond the control of Respondent.
47. Respondent shall immediately notify the Department of any
problems encountered by Respondent which require modification of any task
in the approved lRAP, CAP or RAP, and obtain Department approval prior to
implem~nting any such modified tasks.
48. 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
result
of
as
a
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 ,chooses, initiate negotiations
wi th the Department 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 wi thin 20' days of
receipt of Department 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, tQ recover Department~assessed environmental damages
pursuant to Section 403.141, Florida Statutes.
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GW/CA/0792.28
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