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PERMIT DC52-25319 FOR 8 MGD ACTIVATED SLUDGE WASTEWATER TREATMENT PLANT WITH DSCHARGE OF CHLORNATED EFFLUENT TO POSSUM BRANCH LAKE TARPON OUTFALL CANAL " . .-...........,-...... ..:.... , , ~ BOB GRAHAM GOVERNOR JACOB D. VARN SECRETARY DAVID PUCHATY DISTRICT MANAGER 7601 HIGHWAY 301 NORTH TAMPA. FLORIDA 33610 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION SOUTHWEST DISTRICT A.L. Shoemaker, City Manager City of Clearwater P.o. Box 4748 Clearwater, FL 33518 Pinella-s County City of Clearwater, Northeast Dear Mr. Shoemaker: Enclosed is Permit Number to cons truct persuant to Section DC52-253l9 , dated December 20, 1979 the subject pollution source, issued 403.087 , Florida Statutes. , Should you object to this permit, including any and all of the conditions contained therein, you may file an appropriate petition for administrative hearing. This petition must be filed within fourteen (14) days of the receipt of this letter. Further, the petition must conform to the requirements of Section 28-5.15, Florida Administrative Code, (copy enclosed). The petition must be filed with the Office of General Counsel, Department of Environmental Regulation, Twin 'I'owers Office Building, 2600 Blair Stone Road, Tallahassee, Florida 32301. If no petition is filed within the prescribed time, you will be deemed to have accepted this perrrlit and waived your right to request an administrative hearing on this matter. Acceptance of the permit constitutes notice and agreement that the department will periodically review this permit foy compliance, including site inspections where applicable, and may initiate enforce- ment action for violation of the conditions and requirements thereof. Sincerely, . David Puchaty ~. District Manager Southwest District PDP/err Enclosure DER Form 17-1.122(66) ~ " , J -~-"- "~.........,- RULES OF THE ADMINISTRATION cm.(IlUSSIOlJ MODEL RULES OF PROCEDURE CHAPTER 28-- 5 DECISIONS DETEffiiINING SUBSTANTIAL INTERESTS 28-5.15 Requests for Formal and Informal Proceedings (1) Requests for proceedings shall be made by petition to the agency involved. Each petition shall be printed, type- wri tten or otherwise duplicated in legible form on \vhi te paper of standard legal size. Unless printed, the impression shall be on one side of the paper onl~ and lines shall be double spaced and indented. (2) All petitions filed under these rules should contain: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name and address of the petitioner or petitioners; (c) All disputed issues of material fact. If there are none, the petition must so indicate; (d) A concise statement of the ultimate facts alleged, and the rules, regulations and constitutional provisions which entitle the petitioner to relief; (e) A statement summarizing any informal action taken to resolve the issues, and the results of that action; (f) A demand for the relief to which the petitioner deems himsel~ entIEI~dj a~d (g) Such other information which the petitioner condends is material. 7601 HIGHWAY 301 NORTH TAMPA, FLORIDA 33610 , , BOB GRAHAM GOVERNOR JACOBD. VARN SECRETARY DAVID PUCHATY DISTRICT MANAGER ._fI"'-< _.;!~ STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION SOUTHWEST DISTRICT APPLICANT: A.L. Shoemaker, City Manager City of Clearwater P.o. Box 4748 Clearwater, FL 33518 PERMIT/CERTIFICATION NO. DC52-25319 COUNTY: Pinellas PROJECT: Ci tyof Clearwater 403 087 Northeast This permit is issued under the provisions of Chapter . , Florida Statutes, and Chapter 17-4 , Florida Administrative Code. The above named applicant, hereinafter called Permittee, is hereby authorized to perform the work or operate the facility shown on the approved drawing(s), plans, documents, andspecifications attached hereto and made a part hereof and specifically described as follows: To construct an 8MGD activated sludge wastewater treatment plant located north of S.R. 580 and east of McMullen Booth Road with discharge of chlorinated effluent to Possum Branch and the Lake Tarpon outfall canal. The ultimate disposal shall be in accordance with the Central Pinellas 201 Facilities Plan. GENERAL CONDITIONS: 1. The terms, conditions, requirements, limitations, and restrictions set forth herein are "Permit Conditions:, and as such are bind- ing upon the permittee and enforceable pursuant to the authority of Section 403.161( 1), Florida Statutes. Perm ittee is hereby placed DER FORM 17-1.122(63) Pagel of3 ,:ic C",',\ 1'-\ 1, jC ...) :~) <') - _, I I I .'-., tC) PERMIT NO.: APPLICANT: DC52-25319 A.L. Shoemaker, City Manager on notice that the department will review this permit periodically and may initiate court action for any violation of the "Permit Con- ditions" by the permittee, its agents, employees, servants or representatives. 2. This permit is valid only for the specific processes and operations indicated in the attached drawings or exhibits. Any unautho- rized deviation from the approved drawings, exhibits, specifications, or conditions of this permit shall constitute grounds for revoca- tion and enforcement action by the department. 3. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately notify and provide the department with the following information: (a) a description of and cause of nori-compliance; and (b) the period bfnorFcompliance, including exact dates and times; or, if not corrected; the antici- pated time the non-compliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the non- compliance_ The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the department for penalties or revocation of this perm it. 4. As provided in subsection 403.087(6). Florida Statutes, the issuance of this permit does not convey any vested rights or any ex. clusive privileges, Nor does it authorize any injury to public or private property or any invasion of personal rights, nor any infringe. ment of federal, state or local laws or regulations. 5. This permit is required to be posted in a conspicuous location at the work site or source during the entire period of construction or operation. 6. In accepting this permit, the permittee understands and agrees that all records; notes, monitoring data and other information re- lating to the construction or operation of this permitted source, which are submitted to the department, may be used by the depart- ment as evidence in any enforcement case arising under the Florida Statutes or department rules, except where such use is proscribed by Section 403.111, F.S. 7. In the case of an operation permit, permittee agrees to comply with changes in department rules and Florida Statutes after a reasonable time for compliance, provided, however, the permittee does not waive any other rights granted by Florida Statutes or de- partment rules. 8. This pcrmit docs not relieve the permitteefrom liability for harm or injury to human health or welfare, animal, plant, or aquatic life or propeny and Jwnaliti(~s therefore caused by the construction or operation of this .permitted source, nor does it allow the pl!r. mittel! 10 cause pollution ill cOlllravmllion of Florida Slalutes and departml!nt rules, l!XCl!pt where specifically authorilln! by an order from the department gran tiny a variance or exception from department rulesor state statutes. 9. This permit is not transferable. Upon sale or legal transfer of the property or facility covered by this permit, the permittee shall notify the department within thirty (30) days. The new owner must apply for a permit transfer within thirty (30) days. The permittee shall be liable for any non-compliance of the permitted source until the transferee applies for and receives a transfer of permit. 10. The permittee, by acceptance of this permit, specifically agrees to allow access to permitted source at reasonable times by de- partment personnel presenting credentials for the purposes of inspection and testing to determine compliance with this permit and department rules. 11. This permit does not indicate a waiver of or approval of any other department permit that may be required for other aspects of the total project. 12. This permit conveys no title to land or water, nor constitutes state recognition or acknowledgement of title, and does not consti- tute authority for the reclamation of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the state. Only the Trustees of the Internal Improvement Trust Fund may express state opinion as to title. 13. This permit also constitutes: [ ] Determination of Best Available Control Technology (BACT) [ ] Determination of Prevention of Significant Deterioration (PSD) [ ] Certification of Compliance with State Water Quality Standards (Section 401, PL 92-500) SPECIFIC CONDITIONS: ...,...........~ ... :1. f , #' -.''''' ....,. .. I I PERMIT NO.: DC52-25319 APPLICANT: A. L. Shoemaker, City Manager 1) In accordance with the variance (DW-52-79) granted on May 25, 1979 the applicant shall: a. Take all steps nece~sary including the use of facility aerators to maintain the concentration of dissolved oxygen in Possum Branch at no less than 4 mg/1. b. Implement a water quality monitoring program designed to monitor the impacts of the discharge. 2) The requirements of Chapter 17-16 F.A.C. regarding certified operators shall be met. 3) Monitoring shall be provided in accordance with Chapter 17-19 F.A.C. Expiration Date: June 1, 1980 Issuedthis ~ day~~- '6.. ,19~. cc: Records Center cc: John F. Dennis, P.E. STATE OF FLORIDA DEPARTMENT OF ~MENTAL REGULATION ~~ ~--r ~David Puchaty District Manager DER FORM 17-1.122(63) Page 3 of 3 PDP/err :1:ll!tfjl,ao6;-:- --- ........... c!-_ . STATE OF FLORIDA DEPAtMENT OF ENVIRONMENTAL REGULATIOt! RECEIPT FOR APPLICATION FEES AND MISCELLANEOUS REVENUE , -' ,', ...... rom Dilte _. "... Dollars $ \lame & Address ~evenue . "-' '- / ode Application Number .,.iI' . ", ./ ,{ - 1- By /" { < " ,--- I 'J BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION In the Matter of: CITY OF CLEARWATER, FLORIDA, Northeast Pollution Control Facility, Case NO. DW~52-79 Pinellas County, Florida. FINAL ORDER BY THE DEPARTMENT: On May 15, 1979, the duly appointed Hearing Officer in the above-styled matter entered and submitted to the Depart- ment and the Applicant a Recommended Order consisting of E'indings of Fact, Conclusions of Law and recommendations. A copy of the Recommended Order is attached hereto as Exhibit 1. No exceptions or objections to the Recorrmended Order have been filed. Therefore, after having fully considered the Recommended Order, it is ORDERED by the State of Florida Department of Environ- mental Regulation that the Recommended Order is hereby adopted in toto as the final action of this agency. Accord- ingly, the application for variance is granted, subject to the terms and conditions set forth in the Recommended Order. DONE AND ORDERED this 25 nJ day of May, 1979, in ':'allahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONi1ENTAL REGULATION : ~ J (Jf2N- gll.COB D. VAR.."J Secretary Twi~ Towers Office Building 2600 Blair Stone Road Tallahassee, .Florida 32301 . . I I CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing FINAL ORDER has been furnished by United States Mail to Mr. Frank Kowalski, City Attorney, City of Clearwater, Post Office Box 4748, Clearwater, Florida 33518, this z..:;-f;... day of May, 1979. 12. ;( C Ju....... /Jf-, R. L. CALEEN, JR. General Counsel Department of Environmental Regulation Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32301 -2- I I BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION In the Matter of: CITY OF CLEARWATER, FLORIDA, Northeast Pollution Control Facility, Case No.: OW 52-79 Pinellas County, Florida. RECOMMENDED ORDER On December 14, 1978, the Applicant, City of Clearwater, filed with the Department its application for variance from Section 403.086 (1) (b), Florida Statutes, and Section 17- 3.04(3), Florida Administrative Code, which require advanced wastewater treatment at the Applicant's Northeast Pollution Control Facility, (the "Facility"), a domestic wastewater treatment plant. Inasmuch as there appeared to be no dispute of material fact between the Applicant and the Department concerning the application and the relief requested, this matter was processed as an informal proceeding in accordance with Sections 120.57(2) and 403.201, Florida Statutes. Pursuant to notice published in a newspaper of general circulation in the Clearwater, Florida, area, an informal hearing was held on April 19, 1979, in Clearwater before the undersigned. (Mr. P. David Puchaty, District Manager, Southwest District Office, was originally appointed as hearing officer for the purpose of this application; however, due to a death in Mr. Puchaty's family, the undersigned was substituted as hearing officer.) EXHIBIT 1 -, I r At the informal heari~g, which was attended by the Applicant, representatives of the Department and members of the general public, the Applicant presented evidence in support of, and answered numerous questions concerning, the Application for Variance. All persons were afforded a seven (7) day period after the hearing within which to submit written comments and objections; none were received. The relief sought by the Applicant would enable it to discharge into Possum Branch in Clearwater, Pinellas County, domestic wastewater effluent which will have received a minimum of secondary (90%) treatment from the Applicant's Northeast Pollution Control Facility. Based upon the evidence presented at the hearing, the following Findings of Fact and Conclusions of Law are submitted. FINDINGS OF FACT 1. Applicant is the owner and operator of the Northeast Pollution Control Facility, a new domestic wastewater treatment plant located in Clearwater, Florida, which will be fully operational in approximately two months. This Facility was designed and constructed to provide service to the northern and northeastern areas of Clearwater, which have experienced rapid ~rowth in the 1970.s. 2. This Facility was originally proposed in 1974 to be built with a capacity of eight million gallons per day (mgd) for secondary wastewater treatment and sixteen million gallons per day for advanced wastewater treatment, with discharge of effluent to upper Old Tampa Bay (at the time of the original proposal, the facility was intended to also provide advanced wastewater treatment for secondarily treated effluent which was to be pumped from the .~pplicant' s East -2-. I I Wastewater Treatment Plant located near the Courtney Campbell Causeway). The Facility, as originally proposed, and as actually built, was funded primarily by the Section 201, P.L. 92-500 grants program; all steps in the design and con- struction program (including changes) have been approved by both the Department and the Environmental Protection Agency. 3. A one (1) million gallon per day secondary treat- ment plant, with effluent disposal to Possum Branch via an underdrained spray field, currently exists and operates adjacent to the new Facility. This one (1) million gallon per day facility, completed in 1975, was constructed with the Applicant's own funds in order to meet service demands which could not be met in a timely manner by the new Facility. The one (1) million gallon per day facility is currently discharging into Possum Branch at a rate of approximately .6 million gallons per day. 4. In 1975, after the City had nearly completed the final plans for the Facility as originally proposed, the Environmental Protection Agency notified the City that deep well injection disposal would have to be considered as an alternative to advanced wastewater treatment. In November, 1975, an Environmental Assessment for the Northeast Facility was prepared comparing the cost effectiveness of each of several alternatives for treatment and d~sposal of effluent. The results of this study indicated that the most cost effective alternative for effluent disposal was deep well injection, provided that such disposal method could be determined to be both feasible and environmentally acceptable. As a result of this study, the City obtained a grant offer from EPA in the amount of $5,775,000 to construct the new -]- .' I I Facility with only secondary treatment capabilities, as such a Facility would be required for any of the alternative methods of effluent disposal. The City also received a Step 1 planning grant in the amount of approximately $1,171,943.00 to select a test site and construct one test injection well and appurtenant monitoring facilities in order to perform an intensive investigation of effluent disposal by deep well injection. At that time, it was projected that the test well studies could be completed, and an injection well could be in operation, by the time the new Facility was operational. 5. In early 1976, a construction contract was awarded for the construction of the new Facility. A site evaluation report for the deep well test was prepared which recommended the construction of a test injection well and monitoring facilities at the site of the East Treatment Plant at Courtney Campbell Causeway in Clearwater. Plans and specifications for construction of the Facility were prepared and submitted to the Department and the Environmental Protection Agency in August, 1977. Permits for construction of the test facilities were obtained from the Southwest Florida Water Management District in September, 1977. However, due to the number of agencies involved in the review and approval of plans and change~ in the design required by the Environmental Protection Agency, the project was not advertised for bids until May 1, 1978. Bids were taken on the project on July 27, 1978, and the contract was tentatively awarded by the City Commission on August 3, 1978, pending approval of the ~ontract by the Environmental Protection Agency. The contract was approved by the Environmental Protection Agency and the City Commission -4- I I of the City of Clearwater on October 19, 1978. It is antici- pated that the deep well test program wi~l be completed by January, 1980. 6. The Applicant has designed and scheduled construction of a force main (pipeline) which will connect the new Facility with the East Treatment Plant. Construction of the force main will begin in the near future upon receipt of federal funding through the Section 201, P.L. 92-500 grants program. Although this force main is primarily intended to carry secondarily treated effluent to the site of the proposed deep well injection facility near the East Treatment Plant, the force main can also be used to carry effluent to the East Treatment Plant outfall (discharge point) located in Tampa Bay south of Courtney Campbell Causeway. Upon comple- tion of the force main, the Applicant intends to discharge secondarily treated effluent from both the East Treatment Plant and the new Facility through the aforementioned outfall, and discharge from the new Facility to Possum Branch would be eliminated. It is anticipated that the force main will be completed as early as June 1, 1980, and in any event, within two years after receipt of federal funds. 7. The City of Safety Harbor, a municipality adjacent to the" Applicant, currently pipes about .1 mi~lion gallons per day of domestic sewage to the Applicant's existing treatment plant and spray field. In addition, Safety Harbor owns and operates (pursuant to a Temporary Operating Permit) a trickling filter sewage treatment plant whose design capacity is .35 million gallons per day, but which is now .. being operated at approximately .41 million gallons per day. This sewage treatment plant, which discharges into upper Old -5- I I Tampa Bay, does not meet state water quality standards. If the Applicant is allowed to operate the new Facility, Safety Harbor will be able to divert a substantial amount, and possibly all, of the flow from its sewage treatment plant to the Applicant's new Facility. This will result in a signifi- cant net improvement in the quality of wastewater effluent being dicharged into upper Old Tampa Bay. It has been esti- mated that the new Facility could discharge approximately ten (10) times as much effluent as the Safety Harbor plant without exceeding the volume of pollutants being discharged from the Safety Harbor plant. 8. Possum Branch, to which the Applicant intends to discharge effluent from the new Facility, is a small, meander~ ing stream which flows in a northeasterly direction from the Countryside area of Clearwater, through essentially ul1developed land, past the Applicant's existing sprayfield, through a newly constructed mobile home park, and finally through a marshy, tidally affected area to the Lake Tarpon Outfall Canal, which discharges into upper Old Tampa Bay. The flow of this stream, approximately one (1) million gallons per day (average), is composed almost entirely of stormwater runoff and the flow from the Applicant's existing sprayfield. The water quality in the stream has been sampled and found to be generally good. 9. The Applicant has established and does utilize several positive control mechanisms for controlling growth in the City. These include the Community Impact Statement, Building Permit Review Committee, Site Plan Review, Annexation Review, and Downzoning and Impact Fees. In the past, the Applicant has imposed building moratoriums in order to control growth, and at present is imposing a limited moratorium -6- I I for sewer hookups to the East Treatment Plant: All of the Applicant's growth control measures employ, to some degree, the availability or non-availability of sewage hookups. 10. If a variance is not granted, the Applicant will not be able to operate the new Facility unless and until either advanced waste treatment or an alternate method of effluent disposal such as deep well injection can be provided. A minimum of two to three years would be required to provide some form of advanced waste treatment or a'lternate effluent . disposal method, and it is estimated that deep well injection disposal will not. be fully available for approximately four years. It is evident that the Applicant intends to, and is proceeding to, provide an ultimate means of effluent disposal which is consistent with the requirements of law. 11. If the Applicant is not allowed to operate the new Facility, the Applicant will experience various adverse impacts, including the substantial probability of a total (and certainly a partial) building moratorium in the City's area of heaviest growth, the inability of the Applicant to annex and provide sewage services to currently unincorporated areas, the proliferation of "package" sewage treatment plants and septic tanks which normally cannot provide treatment comparable to that available at the new Facility, and the impairment of mechanisms designed to control growth. Furthermore, it is anticipated that any building moratorium would result in increased unemployment and inflated costs of purchasing homes and buildings, and that the inability to collect impact fees from new sewer hookups would result in an increase ~n sewage rates charged to existing users. 12. If the Applicant is allowed to discharge secondarily -7- . I I treated wastewater into Possum Branch, it is anticipated that limited, short-term, adverse environmental impacts, probably seasonal in nature, will occur.' These impacts, if they occur, will be limited to the effects related to the discharge of Biochemical Oxygen Demand (BODS) and Phosphorous and Nitrogen (nutrients) at levels above those allowed by advanced waste treatment. In worst case conditions, it is possible that this discharge could result in (or contribute to) algae blooms (due to excessive nutrients) and levels of dissolved oxygen approaching zero, which could result in the death of fish and other aquatic organisms which are dependent upon oxgyeni these impacts would be limited to the lower reaches of Possum Branch, the Lake Tarpon Outfall Canal, and upper Old Tampa Bay, and would not be likely to occur in any but the hottest .times of the year. It is not anticipated that the proposed discharge would result in erosion in Possum Branch, damage to vegetation, nuisance problems or a threat to public health. 13. In order to alleviate any impacts due to depressed levels of dissolved oyygen, the Applicant proposes to add oxygen to its discharge through the use of aerators in the polishing ponds through which the effluent passes prior to spray irrigation or discharge into Possum Branch. Additionally, the Applicant proposes to implement a water quality sampling program to monitor any impact which the proposed discharge may have in Possum Branch and the Lake Tarpon Outfall Canal. 14. Although the Applicant has requested a variance for the discharge of 5 million gallons per day of secondarily treated effluent, it appears that the actual discharge from the Facility would be substantially less than 5 million gallons per day for the near future and would approach 5 million gallons per day only in 1981. Reasonable projections -- -8- , , I I indicate that the volume of discharge would increase incre- mentally from approximately 1.3 million qallons per day in 1979, to 2.3 million gallons per day in 1980, 4.9 million gallons per day in 1981, and 5.25 million gallons per day in 19 8 2 . 15. After review by the Southwest District Office, the Bureau of Water Quality Analysis, the Office of Enforcement and the Bureau of Wastewater Management and Grants, the staff of the Department recommended that the variance be granted fora period of no more than twenty-four months upon conditions that the Facili~y not depress the concentration of dissolved oxygen in Possum Branch below 4 mg/l, that the Applicant implement a water quality monitoring program with location of sampling points, and that the intervals of monitoring and parameters to be monitored be approved by the Department prior to initiation of the,monitoring program. 16. No member of the public has expressed opposition to the Application for Variance. CONCLUSIONS OF LAW 1. This proceeding is governed by the provisions of Sections 403.201 and 120.57(2), Florida Statutes, and Section 17-1.57, Florida Administrative Code. 2. While it may be argued that this application is governed specifically by Section 4cr3.201(1) (c), Florida Statutes, since it appears that the Applicant would suffer at least some hardship if the variance is not granted, it is concluded that this application fits more appropriately within the provisions of Section 403.201(1) (b), Florida Statutes, since the Applicant must implement extensive measures -~- , ~ - > . I I -10- ~ t!' I I RECOMMENDED ORDER ... Based upon the foregoing Findings of Fact and Conclu- sions of Law, it is recommended that: 1. The Applicant be granted a variance from the pro- vis ions of Section 403.086 (1) (b), F lor ida S ta tutes, and Section 17-3.04(3) (c)l.b., Florida Administrative Code, for the operation of its Northeast Pollution Control Facility. 2. The variance be incorporated into the operation permit to be issued for the Facility. 3. The variance be subject to the following conditions: (a) that the variance be valid for a period of no more than twenty-four (24) months; (b) that the Applicant take all steps necessary, including the use of Facility aerators, to maintain the concentration of dissolved oxygen in Possum Branch at no less than 4 mg/l; and, (c) that the Applicant implement a water quality monitoring program, approved by the Southwest District Office of the Department, and designed to monitor the impacts of the discharge for which the variance is granted. Respectfully submitted and entered this ~y of May, 1979, in Tallahassee, Florida. Copies Furnished To: P. David Puchaty City Attorney, Clearwater City Manager, Clearwater -11-