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GROUNDWATER CONTAMINATION AT THE FLEET MAINTENANCE FACILITY ..-.-:. / I 1 INTERLOCAL AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION AND THE CITY OF CLEARWATER OGC No. .90-1172 I); THIS INTE~LOCAL :GREEMENT is made and entered into this day of ~. 199/. by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION (herein, the "Department"), 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- !- I .,,, ,,' I " .-' ' ~. ._ /) I,.. .". . -..I . (I " ) OO~(q/-oo ,-.. I :,1 '^ .., 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. located in the City of Clearwater, Pinellas County, which is 3. The City owns certain real property (herein, the "Property") 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- . ",I". 6. Soil samp:\i1g and analyses were condu:::tfd on the property by the city in March, 1990. The pertinent results of analyses yielded these results: Soil Borinq # Parameter Concentration (mq/ko) 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. 8. 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. [9. 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 lr, ~. certified check, cashiers check or money order to the "State of Florida Department of Environmental Regulation." Payment, specifying OGC Case #90-1172, shall be sent by certified mail to the administrator, Division of Waste Management, Department of Environmental Regulation, 4520 Oak Fair Boulevard, Tampa, Florida 33610-7347. 10. Within 20 days of execution of this Interlocal Agreement, the city agrees to place warning signs at all areas involved in this investigation. Warning signs shall be no smaller than 2 sq. ft. legible, made of durable materials, located in prominent locations around the areas of investigation at 100-foot intervals, and read as follows: WARNING! NO TRESPASSING, WASTE SITE STUDY AREA, AVOID CONTACT WITH SOIL AND WATER. FOR INFORMATION (813) 623-556l. 11. With regard to any final agency action made by the Department regarding the city's responses to the actions made pursuant to this Interlocal Agreement, the City may file a petition for formal or informal administrative proceeding, if the City objects to the Department~s final agency action, pursuant to Section 120.57, Florida Statutes, and Chapters 17-103 and 28~5, Florida Administrative Code. The City shall have the burden to establish the inappropriateness of the Department's final agency action. The petition shall conform with the requirements of Florida Administrative Code Rule 28-5.012, and shall be received by the Department's Office of General Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, within 21 days after receipt of notice from the Department of any final agency action the City wishes to challenge. Failure to file a petition within -4- ,,# .. " , 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 2l-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 f Florida De artment of Environmental Re ulation Notice of proposed AaenCY 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 investi at ions located in the cit f Clearwater 1 ln inland bein- art of track "A" Re lat of Blocks 1 thru 19 of Marymont in pinellas County, Florida. -5- ;1 J 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 fin~l 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: -6- A. The conditions were previously unknown to or undetailed by the Department; . . " ' <'I. 1 I I B. The conditions result from the implementation of the requirements of this Interlocal Agreement; C. Other previously unknown facts arise or are discovered after the entry of this Interlocal Agreement. 14. Entry of this Interlocal Agreement does not relieve the City of the need to comply with all applicable federal, s~ate and local laws, regulations and ordinances. 15. The terms and conditions set forth in this Interlocal Agreement may be enforced in a court of competent jurisdiction pursuant to Section 120.69 and 403.121, Florida Statutes. 16. The City agrees to 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 Interlocal Agreement and the rules of the Department. 17. The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit violations of applicable statutes or the rules promulgated thereunder not covered by the terms of this Interlocal Agreement. 18. This Inter10cal Agreement is not intended to affect the Department's normal enforcement powers or responsibilities, nor is this Interlocal Agreement a Department enforcement action. However, it is the intention of the parties that the course of action contemplated by this -7- ,I I ):. 'W 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 Interlocal Agreement shall be effective unless and until reduced to writing and executed by both the city and the Department. 20. 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.~ h n.eerreto hands and seals, this ~ day of ~ have set their , 199/. CITY OF CLEARWATER, FLORIDA --f1 /! ~ ----...... By: Ri a Garvey Mayor-Commissioner Ron H.Rabun City'" Ha,rtager' I I i I, ; Approved as to form and correctness: Attest: I \ ' I . , \: \' ' \'~;,"'" ::,'n . -....;0>(... It ~ - .J I. -- hi'a ,F.:. Goud,e'd u: ',Clerk". "~'I"~ . !' \. , .: : ,I ' M. A. GalbraiHl, City Attorney FILING A~~D ACKNOWLEDGEMENT FILED, on this date, pursuant to 5120.52 ::ior!C!Zl Slatutes, with the designated Depart. ment Clerk, receipt of which is hereby acknow- Ledged. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION :t1-d$ ~~,~ erk ,I. I fA 9/9 / Date Richard D. Ga rity, Ph.D. Deputy Assis nt Secretary Southwest D.strict -8- . ." . /'r ,,/. ...,... ,,- o ~ . V) - >=;.1 2:: ~' 00 L'?U z: u.I . _u c;::- \.:.l L!.. W....... ZO C> :z: u.I .:- ~ -< oil( :;; , ~ .. l.> M , . ~ ::. 5 -< ~ III 0 o .- :;8g ~ '" .... ,S Ii; rl 5 :> ~ l:! ... :s ~ < :: <5 0 ~ ~ :: ~ ~ ... en VII ..... ~ u ~~ ,~ C;~ := M ""'lr.. rf :":: t _- i ~ i~~ ~ - . .... - ; ~',~~ ~ . - -. ; I f\,))c,!\1 11104 nO_U>A ""'m...)' I>rt. IP._, e..".) I .%:.{nlOII 11 t) t) U ~ 5 9 8 G r~ ..i~.. .'" "''':"1.;- r"';'" :':'t'~.. ';.,c: '0: I n ','.' \, t; ; " . ' '" I.; ~ ~,.,} M\"{ 1 s: es_ ~U~ J1mill~lJ1llllm1rt~ I , .Made tl/l~~----{;.61t:: cluyof January t (~ <;,.,. I .f. D. 1988 ~ MM'fl ~. "'" ""'_ ........,.. ,-..u ""~ "" Ni~. ".....--.l "~....",~... ,~.~/. _"'~., "" ""'......11. ~.." Iv.....; ... .." e( IN 14.'.,,,,, ""..,......' ,~ ~ ""'" ~.....,. Mol' ......,.., ...... ....,.w.. ...,. ..., ., ...~ ".,.._ ~u ....,......, .u ~...,.. --, .-n e ..,'" illrlmrrn JOHN H. HARLAND COMPANY, .r- a corporation e.:r.i$ting u.n.du the laws of the State of Georgia, and havint its priru;ipa.L place of bu.siness in the Cor.u~ty of Fu 1 ton State of Georgia pa.rty of tlu jiNt pa.rt, a.n.d CITY OF a Florida municipal corporation, I" r ~. .. , a.n.d C~AR~AT~R, --.. x.- = : ~ '. , DESCRIPTION ATTACHED AS EXHIBIT SEE LEGAL ;:; I" / [J.':{,f' 5>D . """'I. .((.,. \ IC SUBJECT to easements, and real estate taxes restrictions and reservations of record for the year 1988 and Eubsequent years. ..' . 'r'!" , ~L~ ~~r~9f~res t ~mp~ovements on the subject lands are conveyeQ in "as ~~e wa~r~n~~~swol Ttti~l~~~t~ig~dw~~~:r~~es, expressed or impl~ed,except .4.nd the sa;id pa,rty of the first pa..rt does hereby fu,Uy wa.rra..nt the title to sa.id La..n.d, a..nd wiU Mfend the sa..rne a..,ga..inst the La,wfu.l claims of a..lL persol~s whomsoelJer. . .... . . ]1\ :mUnr.55 IDqPrFnf. the said pa.rty of the first part has . ^ ~,'~ ,:~ :l:/ /.,. , . .' ccnued these pruents to be sitned in its name by its President. '. ..' ~ .......:? .'. and,i~ corporate Ileal to be a:/fixed, attested by it, " ,- the day a.nd year above written. JOHN H. HARLAND COMPANY .: (Corporate .,~; ,";:~; 'Sea.l). .: . ... '. BY~~~; - . Presiden.t. .:4tte.st: :.. _ (. . I". ., t;~~~. :>~atill ~nb Drliorrrb tn (eur QLo<:\lk.; .A.. 4-..w-"d-- 'Prtjlrnrr: / ()~ /", t'."" I>ocum...../Y. 1... I'd. lu/.{. L?:' :). " $.................... 'n~-bl. T.. r-a. t;..t -f_ f .7~L.--:.^- GEO J:..n=n f. De 01.""" \iltrk P;~~ln COunty ~ U" ~NH'oi\ltl . "'''_______ . ~.I.- - ..""--....~ o.cuty 0...1 m.:H.: Fm~ ~~A } 3l llrrrby C!:rr1ify. Thot 01[ f his ~t. ~ day of January, ,1.. D. .1988 , before lIIe personally appe.a.red ~.e, u.J~ ~ 'i-:-.-/ ~-: 0.-4/ ~c/ ~....... 7 President ~ t;--cI .5"<7<' o't'~~. respectively of JOHN H. IliARLAND C0l-1PANY, ----------. , a corpo tiOIL under ell('. I(lw~ of the State uf Georgia , to IIlfl /-:1l01(.'1~ to e the pcrsOlls clescribed in alld u'ho e,l'ecutecl 0/(' forf!~()il/~ C'ollt'eyallce to' CITY OF CLEAR\~ATER alld severally ackllou'led~ed the e.l'C'C'utiOll thereof to be their free act and deed as such olTicers, for the uses alld pllrpo.~es therein lIlentioned; alld that they atJixed thereto the official scal of ~aid corporatioll, and the said instrronent is the act and deed of SG,:a corporotiOlt, milnr!l!l ,..n~$r~tj'(ro(' alld ofti cial seal at ill the COUf'fjj~Cl~'R'~ 4~ Year last rU(ji "d, '. .N.... '. ~ I . -... " g I ?,G\f>- \ ~ . 1 G~O ... ~.~\ ~ n...! ... 0' J.... 11 c: " .Cn. ,q ..... PLJS':>':"-~ l I,.;. leOLv . ':'/<;:-' " r-o- , alld State of ~fFiftit, the day ~ GEORGIA 'JA/ ,,d. ~~/ / Notary Public 0' II< Ny' Commission Expires .11-.5., q () an.d ." I rf (., S 7 ~ f-G :-.: ~ L: I E,nt\ B IT A ., That certain piece, parcel, or trlCt of land lying in and beio; part of Tract "A", Replat of Blocks 1 thru 19 of Mar)'lllont, as recorded in Plat Book 39, page 31 of the Public Records of Pinellas County, Florida, lying in and being put of the Northwest 1/4 of Section 12, Township 29 South, Range 15 East, Pinellas County, Florida, and being more particularly described as follows: Fran 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, a 60.0 foot right-of-way, North 89 deg. 20'05" West, and along said North ri~ht-of-way, a distance of 450.0 feet for a P.D.B.; thence co.ntinue North 89 deg. 20'05" I~st, and along said North ri;ht-of-way, It distance of 605.0 feet; thence North 00 c34-g. 17'00" East, a distance of 645.0 feet; thence South 89 deg. 20'05" East, a distance of 275.0 feet to a point in the West boundary of property conveyed to James T. Walker and Robert J. \';tlrd in o. R. Book 4492, page 2131; thence South 00 deg. 17'00" West along said West boundary, a distance of 230.0 feet to the Southwest corner thereof; thence South 89~eg. 20'05" East along said South bouooary as extended East a distance of 330.0 feet to the Northwest corner of property conveyeCI to Aerosonic lnstrunent Corporation in Deed Book 1606, page 502; thence South 00 deg. 17 '00" ivest along said l~st boundary, a d{stance of 415.0 feet to the North ri~ht-of-way of said Grand Avenue and the P.D.B. EXHIBIT ."A" TOTAL P.03 ,. .' il 'I EXrhB'T .8 ... ,.). 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 the tasks that Respondent proposes to perform 1n order to determine whether the soil, sediment, surface water or ground water are contaminated at Respondent'~ 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 Preliminary Contamination Assessment Report ("PCAR") can be submitted to the Department within 90 days of approval of the peAP 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 cont~mination. B. One of the \.;ells shall be an unaffected bac;>'Tound well. RE;viscj/GvUPC.~P/Ul08. J. I 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 peaks greater than 10 microgFams per liter (ug/l) using EPA Methods 624 and 625; (4) pesticides and herbicides using EPA Methods 608 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 1S subject to Department approval. THe number of contaminants to be analyzed may be reduced if Respondent can demonstrate to the Department's satisfaction that the. 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 piovisions for investigation of the folloy;ing conditions, as applicable, at the contamination site and the area surrounding the contamination site: A. The pr~sence and thickness of any free product at the Revised/GW/PCAP/0188.2 .. ). I I site; B. The presence of soil contamination at the site; C. The aquifers present beneath the site and their Chapter 17-3, FAC, groundwater classification; D. The number and locations of all public and private potable supply wells within a 1/2 mile radius of the site; E. The presence of surface waters of the state within a 1/2 mile radius of the site and, if applicable, their Chapter 17~3, FAC, classification; and F. The geology and. hydrogeology of the site focusing on aquifers and confining units which are present, the potential for movement of contaminants both horizontally and vertically, zones that are likely to be affe~ted, and actual and potential uses of the groundwater as a resource. 4. The PCAP shall contain the following site specific informational A. Proposed well construction details including methods and materials, well installation depths Dnd screened intervals and well development procedures; B. A description of methods and equipment to be used to quantify soil contamination. C. A descri~tion of water sampling methods, including names of sampling personnel, procedures and equipment; and D. Name of laboratory to be used for analytical work. E. The parameters to be analyzed for, the ~nalytical methods to used and the detection limits of these analytica1 F.ev:i.:~eu/G\'UPCj.F/(Jl[lZ;. :.) I I .. methods. F. Site map depicting monitoring well locations and 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 written 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 and Respondent shall provide the requested information within 20 days from receipt of said request. The PCAP 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 rCAP (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: Jl.. summarize and analyze all "PCAP" tasks; B. compare analytical data collecteo with sur~ace 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 ..,. .~ :1 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. B. Respondent shall provide notification to the Department . at least ten days prior to the install~tion 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 2re installed. Raw data shall be exchanged beb-Jeen Respondcnt ond tIle Department as soon as the data is available. Rcvi5cd/GW/PCAP/OIBB.5 I I .. 9. The Respondent is required to comply with all local, state and federal regulations and to obtain any necessary approvals from local, state and federal authorities in carrYlng 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 irijunctive 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 Respondent. Revised/GW/PCAP/0188.6 '.~ ..:. . I ExHIB II C I 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' Hritten 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 coritamination 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) Det:ermine the amount of product lost, and the time period over which it was lost (if applicable); (6) If le~king storage tanks m2Y be the source of I I . ..,1 . < .,.. 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 applicable); (8) Describe pertinent geologic and hydrogeologic characteristics of affected and potentially affected hydrogeologic zones; and (9) Describe .geologic and hydrogeologie characteristics of. the site which influence migration and transport of contaminants; and (10) . Provide a si te 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 c~p shall include a reasonable time schedule for completing each task. The t~sks may include, but are not limited to the following: (1) Use of piezometers or wells to determine the horizontal and vertical directions of .theground water flow; (2) Use of electromagnetic conductivity (El!) 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 well points or monitoring wells to sample ground water in affected areas and to determine the vertical and horizontal extent of the ground water plume; .... ~ ~. ;1 ;1 the document titled -DER Guidelines for Preparing Quality Assurance Plans, DER-QA-001/85, 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 QAFP. 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 ~s necessary for the Department to evaluate the ~~, the Department shall make a written request to the Respondent for the information, and. within 20 days from receipt of said request, Respondent shall I 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 ~nt that the Department determines that the CP~ 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.2l,;P's deficiencies. Respond..;, t shall then have 30 days from the I 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 ~~ still does not adequatelY address the objectives of the CAP as set forth in subparagraph 1.A. above, the Department, at its option, may choose either to: A. Draft specific modifications to the CAP and notify Respondent .in writing that the Department's modification shall.be incorporated in the CAP; or B. Notify Respondent in writing that Respondent bas 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 ci vi 1 penal ties, 0 r comp 1 et e the co rrecti've actions out 1 i ned berein 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 written . notification to Respondent that the CAP and QAPP have been approved. The CAP sball 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 . Wi thin 45 days 0 f comp leti on of the tasks in the CAP, Respondent shall submit a written contamination 1.ssessment Report (nCARn) to the Department. The CAR .shall: A. summarize all' tasks which were implemented pursuant TD/Revised/GW/CA/0888.6 ., .0 i. I I "> to the CAP; . and D. 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 ~1hich 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 9. The Department, at its option, may determine from review of the CAR and other relevant information, the Site Rehabilitation Levels (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 water as determined bi the D~partment 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 justification of any alternative SRLs or no action proposal. shall be ~ubmitted within (90) days , from receipt of the Department's written approval of the CA.-'ll 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 ~s 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 maybe eJ::posed to contaminants and to determine contaminant .levels to which receptors may be.exposed. The i:posure Assessment should: (1) Identify the contaminants found at.the site and their concentrations as well as their e:l:tent and locations; . t: . ~~ I I (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 exposed. 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 Exposure 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 Maximum Contaminant Levels (RMCLs), Maximum Contaminant Levels, Average Daily Intake values (ADIs), Unit Cancer Risk values (VCRs), organoleptic threshold levels, Ambient Water Quality Criteria for Protection of Human Health and for Pr9tection 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 " '- ," utilizing applicable health criteria such as Recommended Maximum contaminant Levesl (RMCLS). Maximum contaminant levels, Average Daily Intake values (ADIs). Unit Cancer Risk values (UCRs), - organoleptic threshold levels. and other relevant criteria as _ develop criteria for dermal contact. inhalation of vapors arid (2) Non-potahle domestic water usage exposure route applicable. mists. ingestion of food crops irrigated with such water, lawn watering. ingestion by pets and livestock. and other related ingestion, dermal contact. i~alation. ingestion ~ h~ans or (3) Soil exposure route - develop criteria for exposure. animals of~ood ;crop~.grown in contaminated soilS. criteria for prevention of adverse effectS on human health (e.g. (4) Non-potable surface water exposure - develop dermal contact effects on humans utilizing the resource for recreational purposes) or the environment (e.g. toxic 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 biota). (5)' Air e~osure rodte - develop criteria for exposure to the contaminants in their unaffected state. Characterization is to utilize the results of the ExpOsure c. Risk Characterization - The purpose of the Risl~ Assessment and the Toxicity Assessment to characterize cumulative ( Revised/GY~/C1V0888 ~ 10 '. .. ..,' 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 contaciination 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 ue 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 technical feasibility of achieving the SRLs based 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 environ~ment 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~onof the Risk Assessment/Justification docum~rit, the Department shall make a v~ritten 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 Responoent .~ .. 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 ~epart~ent as set forth in paragraph 13, 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 FS ~lill 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 or,der 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 P~J pursuant to paragraph 10. The FS shall include the following tasks: I I ".'>"-' ........-. (2) implementabilitYi (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 (9) potential legal barriers to implementation of any of the alternatives; (D) Iden~ify the need for pnd conduct pilot tests or bench tests to evaluate alternatives, .if ~ecessary; (E) Select the most appropriate ~emedial alternative; . (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). 14. Within 45 days of completing the'FS, Respondent shall submi t 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 the selection process carried out in the FS. . 15. 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 additional information is necessary to evaluate the FS report, the Department ~hall make a written request and Respondent shall provide all Revised/GW/L~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 either: A. Choose a remedial action alternative for the Respondent to carry out; or B. . Notify the Respon~ent 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 ~5 days of receipt of written notice from the D~partment, Respondent shall. submit to the Department a detailed Reme.dial Action Plan. ("RAP") '. The RAP' shall be signed and sealed by a .registered.professsional engineer in accordance with Chapter 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 tests; I I ... c~. D. .. A separate QAPP document; E. Details of the treatment or disposition of any -'IfJ... ,~ " 011, ~' 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 Reppondent 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 vlritten 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 req~ested information requi~es 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 ~lill notify the Respondent in writing of the RAP's deficiencies. The Respondent shall then have 20 days from the Department's notification to submit a modified RAP addressing the deficiencies noted by the Department. resubmitted RAP that the RAP still does not adequatelY addresS the 22. If the I Department determines upon revie~ ol the ,,- ,-~ ohjectives of the RAP, the Department, at its option, may choose to eithe:r: notifY the Respondent in ~riting that the Department's modifications shall be incorporated in the RAP; or B. Notify the Respondent that Respondent haS failed h. Draft specific modifications to the RAP and to comply ~ith the paragraph 21 above, in ~hich case the Department may do any or all of the follo~ing: take legal action to enforce compliance with the order,file suit to recover damages and civil penalties. or,comPlet~the.corrective .ctions outlined herein and recover the costs of completion from Respondent. 23..0nce aRAPchas been-approved bY the Department,it shall becO~ effective arid made a part of this order and shall be implemented ~ithin ten dayS from receipt of the Department's notification to the Respondent that the RAP haS been approved. The R1IP shall incorporate all required modifications to the proposed RAP. identified by. the Department. . 24. Follo~ing termination_o~ re~dialaction (clean up.of the ~ oontaminated. area to. the SRLs 6rthe approved alternative SIlLs), designated monitoring ~ells shall be sainpied.on a ,schedule dete:rmined by .the Department. 25. Follo~ing completion of .theremedial action and post_r~edial action monitoring, the_~spondentshall s~mit a site Rehabilitation completion Report (SRCR) to the Department for approval. The SRCR shall be signed and sealed by a registered Revised/GW/CA/0888.18 ., ,..... .." .1 l 1- - Professional Engineer in accordance with Chapter 471, F.S., unless "no further action" or "monitoring-only" 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 (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 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 Departm~nt: 29. Respondent shall provide wri tten .no'tification. to the .' - . . Department at least ten d~ys pri~rto iristalling m6nit6riri~ 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 ....., -".-.It. .~,.. 30. Respondent shall provide written notification to the Department 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 local, state and federal regulations and to obtain any necessary approvals~romlocal, state and federal authorities in carrying out these corrective actions. 32. If.any event. occurs which:~auses delay or the reasonable likelihood o~ delay,in the, achievement of the requirements of thes~ c6rrectiveActions,~Respondent shall have. the burden of proving that the delay was or will be caused by circumstances , . . beyonc:l. . the.. reasonable contro ~ of. Respondent, 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.cal~nd~r.days~ no~ify, the Department in writing of the anticipated le?gt~.~nd .cause of delay, the measures take?or~obe.ta~entopreyento,. nlipimjze the delay , and the . . timetabl~ by wl:d<:h R.~sP().l1d,e~t:in.tendsto :,impleI!lent, these " measures. .If. thepa~ties. can agree that the delay .. ~ ~ ., .' _... 4'" -. . . - ". ~- . . -,' ...... or ant\icipated delay has been,?!:,: ~ill ,bE? caused. by.cir:cumsi:anc~s , .' - -. beyond .:t7hereasonable',contiol.Of.~esp6nde~i) ~heiti~~ f?r; . .. ..' - ,.-. ... .... -. ...,.. -......... ".' .,.:.-.-. ..-",.~ ',.-.:."'.'. ;.... .:..' ....::... ...,..... performance h!"reuI1der shallbe ~>:tended fo.r. a period equal to the delay resulting from such circumstances. , Such agr~ement shall be confirm~dby letter.from.the Department accepting or if necessary ,. .' ;'. .i , , ..' ,.. oj, ", !'~,~. ,~ 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 problems 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 enyironmental.damages resulting from pollution as a result of Respondent's actions. W~thin20 days of receipt of Department written notification of its intent to seek said restitutiori,Respondent may pay.th~amount of th~ damages or may, if. it so ~hooses,initiatenegotiations with the D~part~ent . .. regarding the monetary terms of reititution to the state~ Respondent is aware that should a negotiated sum or other compensation for environmental d~mages not be agreed.to by the Department and Respondent within 20 days of receipt of Department . . . . . , J '*l ~........ ....... written notification of its intent to seek restitutionr the _~ Department may institute appropriate action, either administrative, through a Notice of Violation, or judicial, in a .,. court of competent jurisdiction through a civil C6mplaint, to recover Department assessed environmental damages pursuant to Section 403.141, Florida statutes. '. '-'. " -, .\, ..: -' .' ,_. _. ",...,. :.,........;,.. '. .... >~', - . ..,.. .~'.....' .' ~:'.; ..: ;'o:.L :: . . . 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