CONSENT ORDER OGC FILE NO. 02-1639
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BEFORE THE ST ATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESPONDENT.
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IN THE OFFICE OF THE
SOUTHWEST DISTRICT
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION,
COMPLAINANT,
OGC FILE No. 02-1639
VS.
CITY OF CLEARWATER,
CONSENT ORDER
This Consent Order is entered into between the State of Florida Department of Environmental
Protection ("Department") and the City of Clearwater ("Respondent") to reach settlement of certain
matters at issue between the Department and Respondent.
The Department finds and Respondent neither admits nor denies the following:
1. The Department is the administrative agency of the State of Florida having the power and
duty to protect Florida's air and water resources and to administer and enforce the provisions of Chapter
403, Florida Statutes, and the rules promulgated thereunder, Title 62, Florida Administrative Code
("F.A.C."). The Department has jurisdiction over the matters addressed in this Consent Order.
2. Respondent is a person within the meaning of Section 403.031(5), Florida Statutes.
3. Respondent is the owner and is responsible for the operation of the Clearwater East
Advanced Wastewater Treatment Plant, a 5.00 MGD wastewater treatment facility with reclaimed water
sent to the Clearwater Master Reuse System ("ROO 1") and dechlorinated effluent discharged to Old
Tampa Bay ("D001"), collectively known as "Facility". The Facility is located at 3141 Gulf to Bay
Boulevard, Clearwater, Pinellas County, Florida, 34619. Respondent operates the Facility under
Department Permit No. FL0021865, which expires June 1,2005 ("Permit").
4. Old Tampa Bay is classified as a Class II marine water body, an Outstanding Florida
Water and an Aquatic Preserve in Rule 62-302, F.A.C. Discharges of domestic wastewater to Old Tampa
Bay are governed by Section 403.086, Florida Statutes.
CLEARWATER EAST A WWTP
5. In a Department letter, dated May 3, 2001, Respondent was notified of alleged violations
of Chapter 403, Florida Statutes, and the rules promulgated thereunder. The Department made the
following findings:
(a) A review of the chronic toxicity results, submitted since September, 2000, indicated that
the effluent was chronically toxic to both P. promelas and C. dubia in the first bioassay and chronically
toxic to C. dubia in the fourth, fifth, 10th, 14th, 16th and 18th bioassays.
(b) A review of the Discharge Monitoring Reports ("DMRs") indicated that the effluent
permit limit for Copper single sample maximum, for DOOl, was exceeded July, August, September,
October, November and December, 2000, January, March, April, May, June, July and August, 2001.
(c) A review of the DMRs indicated that the effluent permit limit for Fecal coliform bacteria
75th percentile non-detectable requirement, for DOOl, was exceeded in June, 2000 and January, May,
June and July, 2001.
(d) A review of the DMRs indicated that the effluent permit limit for Fecal coliform bacteria
single sample maximum, for DOO 1, was exceeded in June, 2001.
(e) A review of the DMRs indicates that the effluent permit limit for Fecal coliform bacteria
75th percentile non-detectable requirement, for ROOl, was exceeded June and September, 2000, January
and May, 2001.
(f) A review of the DMRs indicated that the effluent permit limit for Bromo-
dichloromethane surface water quality standard of 22 ~g/L, based on an annual average, was exceeded
May, June, July, August and September, 2001.
These findings by the Department constitute violations of Chapter 403, Florida Statutes, and Rules 62-
302.530,62.600.440(5) and 62-610.460(1), Florida Administrative Code.
6. Having reached a resolution of the matter, the Department and Respondent mutually
agree and it is
ORDERED:
7. Respondent has initiated a pilot project using chlorine dioxide, in place of gaseous
chlorine for disinfection, to reduce the formation of tri-halomethanes. Respondent has retained the
services of a Florida professional engineer for the purpose of evaluating the Facility, including process
controls and Respondent's potable water supplies, to determine the cause or causes of the noncompliance,
to identify the activities necessary to accomplish fullancl consistent compliance with all applicable rules
of the Department and to evaluate the results of the pilot project ("Evaluation"). Within 180 days after
the effective date of this Consent Order, Respondent shall submit the Evaluation to the Department.
Should the results of the Evaluation suggest that a permit to modify the Facility will be required, then
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subparagraphs 7(a) through (c) shall be followed. Should the results of the Evaluation suggest that only
process control changes will be required, then subparagraphs 7(d) through (f) shall be followed.
(a) Within 270 days after the effective date of this Consent Order, Respondent shall submit an
application to the Department for a wastewater permit revision to construct the modifications determined
by the Evaluation to resolve the alleged violations outlined in paragraph 5 of this Consent Order. The
Department shall make a permit or revision decision in accordance with departmental rules.
(b) Respondent shall provide all requested information in writing within 30 days after receipt of
such a request in the event the Department requires additional information in order to process the
wastevvaterpetmit application.
(c) Within 180 days after issuance of the permit revision, Respondent shall complete the
construction and shall submit an engineer's certification of completion stating that the construction of
modifications to the Facility or potable water supplies have been constructed in accordance with the
provisions of the wastewater permit revision, referenced in subparagraph 7(a).
(d) Within 210 days after the effective date of this Consent Order, Respondent shall submit to the
Department an operating process control protocol ("Control Protocol") intended to provide the operators
of the Facility with a prescriptive guideline on the treatment process, process control sampling and
preemptive corrective actions needed to properly maintain the Facility and to resolve the alleged
violations outlined in paragraph 5 of this. Consent Order.
(e) Within 240 days after the effective date of this Consent Order, Respondent shall implement
the Control Protocol.
(f) Within 360 days after the effective date of this Consent Order, Respondent shall submit a
detailed report of the first 90 days of performance of the Facility as operated under the Control Protocol.
Based on the results of this report, if it appears that the Control Protocol is insufficient to redress the
alleged violations outlined in paragraph 5 of this Consent Order, then Respondent shall comply with the
requirements of subparagraphs 7(a) through (c).
8. Respondent shall reduce Copper through reduction of the sources of Copper or by
treatment so that the Facility's effluent is in compliance with the water quality standards for Copper as
defined in Section 62-302.530, F.A.C., by December 31,2004. Respondent shall take whatever
corrective actions are necessary to accomplish the reduction of Copper in the Facility's effluent.
However, if a permit revision or additional Department permit is required for the corrective: actions,
Respondent must obtain the permit revision or Department permit prior to placing the modifications into
operation. The Department shall make a permit or revision decision in accordance with departmental
rules. Respondent must govern its actions through submittal of appropriate information, applications,
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pertinent data, and responses to Department requests for additional information so as to be in compliance
with the water quality standards for Copper by December 31, 2004.
9. During the pendency ofthis Consent Order, the Facility's effluent discharged to Old
Tampa Bay shall not contain more than 13.0 Ilg/L Copper on a single sample maximum basis. This
interim limit shall become effective upon the first day of the month following the effective date of this
Consent Order and remain in effect until December 31, 2004. A copy of the Discharge Monitoring
Report ("DMR"), DEP Form 62-620.910(10), to be used for reporting this interim limit value is
incorporated herein and attached as Exhibit 1. Sampling, analysis and reporting of Copper shall be in
a.ccord~ce wiW, the Permit. This interil11 limit does not act as a State of Florida Depa.nmentof
Epvironmental Protection wastewater permit effluent limitation or modified permit limitation, nor does it
authorize or otherwise justifyviolatiort, nor form the basis of a violation of the Florida Air and Water
Pollution Control Act, Part I, Chapter 403, Florida Statutes, or rules adopted thereunder, during the
pendency of this Consent Order.
10. Respondent shall reduce Bromo-dichloromethane through reduction of the sources of
Bromo-dichloromethane or by treatment so that the Facility's effluent is in compliance with the water
quality standards for Bromo-dichloromethane as defined in Chapter 62-302, F .A.C., by December 31,
2004. Respondent shall take whatever corrective actions are necessary to accomplish the reduction of
Bromo-dichloromethane in the Facility's effluent. However, if a permit revision or additional
Department permit is required fot the corrective actions, Respondent must obtain the permit revision or
Department permit prior to placing the modifications into operation. The Department shall make a permit
or revision decision in accordance with departmental rules. Respondent must govern its actions through
submittal of appropriate information, applications, pertinent data, and responses to Department requests
for additional information so as to be in compliance with the water quality standards for Bromo-
dichloromethane by December 31, 2004.
11. During the pendency of this Consent Order, the Facility's effluent discharged to Old
Tampa Bay shall not contain more than 44.0 Ilg/L ofBromo-dichloromethane on an annual average basis.
The interim limit of 44.0 I-lg/L shall become effective upon the first day ofthe month following the
effective date of this C~nsent Order and remain in effect until December 31, 2004, A copy of the DMR
to be used for reporting the interim limitvalues is inc()rporatedherein and attached as Exhibit 1.
Sampling, analysis and reporting of Bromo-dichloromethane. shall be in accordance with the permit,
except that results obtained prior to the effective date of the interim limit shall not be used to calculate the
annual average values. These interim limits do not act as State of Florida Department of Environmental
Protection wastewater permit effluent limitations or modified permit limitations, nor do they authorize or
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otherwise justify violation, nor form the basis for violation of the Florida Air and Water Pollution Control
Act, Part I, Chapter 403, Florida Statutes, during the pendency of this Consent Order.
12. Analyses shall be reported once each month on the DMR. The DMRs shall be mailed or
hand delivered to the Department of Environmental Protection once each month and must be received by
the Department no later than the 28th day following the end of the reporting period (e.g., the August
report would be due not later than September 28th). In addition to submitting the DMRs to the
Department in accordance with the permit, during the pendency of this Consent Order, Respondent shall
also submit copies ofthe DMRs to the Southwest District of the Department, pursuant to paragraph 24 of
this Consent Order.
13. Respondent may apply to the Department for a mixing zone, in accordance with Rule 62-
4.244, F.AC,for Copper, Bromo-dichloromethane, and chronic toxicity for the effluent discharged into
Old Tampa Bay. Respondent must have a Comprehensive Quality Assurance Plan, for sampling and
laboratory analysis, and a Plan of Study approved by the Department prior to the commencement of this
activity. Should a mixing zone be granted by the Department by March 31, 2004, Respondent shall not
be required to comply with paragraphs 8, 10 and 14 of this Consent Order. The Department shall make a
decision on a request for a mixing zone in accordance with departmental rules. Should a mixing zone be
approved, Respondent shall apply to the Department for a revision of the permit to include the new
conditions and limitations of the mixing zone. The conditions and limitations of the mixing zone, as
incorporated into the permit, shall be enforceable under the terms and conditions of this Consent Order
during the pendency of this Consent Order.
14. Respondent shall eliminate the chronic toxicity either through the reduction ofthe source
of toxicity or by treatment, or by other means, so that the Facility's effluent is in compliance with the
water quality standards for chronic toxicity, as defined in Rule 62-302, F.A.C., by December 31, 2004,
unless another deadline is established by the Department. However, Respondent shall immediately
comply with the following test requirements, with the option of conducting a Toxicity Identification
Evaluation and a Toxicity Reduction Evaluation ("TIEffRE") as described in subparagraph 14(b) and
foregoing subparagraph 14(a):
(a) Beginning with the effective date of this Consent Order, Respondent shall conduct a multi-
concentration chronic toxicity test each month there is a discharge to surface waters ("accelerated tests").
The accelerated tests shall be conducted in accordance with the methodology described in the Permit for a
multi-concentration test. A copy of the DMR to be used for reporting the interim accelerated testing is
incorporated herein and attached as Exhibit 1. No test shall be required for any month there is no
discharge to Old Tampa Bay. No follow-up tests shall be required for the accelerated tests. Should there
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be no more than one failure in any twelve consecutive accelerated tests, the effluent will be deemed in
compliance with the toxicity standards and the sampling regime shall revert to the Permit requirements
for chronic toxicity testing. An invalid test (as determined by the Department or where mortality of the
control exceeds 20%) shall not be counted as a toxicity failure.
(b) If, at any time after December 31, 2003, the Facility's effluent has more than one failure in
any twelve consecutive accelerated tests, Respondent shall conduct a Toxicity Identification Evaluation
and a Toxicity Reduction Evaluation ("T1E/TRE"). To that end, within 60 days of completion of the
second test demonstrating toxicity, Respondent shall submit to the Department a plan of study ("T1E11RE
Plan") to attain c9Illpliancewiththe chronic toxicity limits. This T1E/TRE plan and schedule shall be
consistent withthe procedures and protocols in Methods for Aquatic Toxicity Identification Evaluation -
Phase 1 Toxicity Characterization Procedures (El> A/600/6-91/003), Methods for AquaticToxicity
Identification Evaluation - Phase II Toxicity Identification Procedures (EPN600/3-88/035), Methods for
Aquatic Toxicity ldentification Evaluation - Phase III Toxicity Confirmation Procedures (EP N600/3-
88/036) and Toxicity Reduction Evaluation Guidance For Municipal Wastewater Treatment Plants (EPA
833-B-99-002). The latest published guidance from the Environmental Protection Agency, accepted by
the Department, shall be used whenever possible. If there isa conflict between the most recent and older
document or guidance, the most recent document or guidance will be used as the basis for TIE/TRE
implementation and determination of appropriate test conditions and range of the T1EfTRE. The
TIE/TRE Plan shall be implemented as soon as practical. The T1E/TRE shall be completed no later than
one year from the date of submittal of the TIE/TRE Plan.
(c) The TIE/TRE shall be completed and compliance with the chronic toxicity limitshall be
attained within one year from the date of submittal of the TIE/TRE as required in subparagraph 14(b).
(d) Should Respondent receive a mixing zone for chronic toxicity prior to December 31, 2004,
pursuant to paragraph 13 ofthis Consent Order, the requirements of subparagraphs 14(a), (b) and (c)
shall not apply.
(e) In the event that a revision to the permit with a mixing zone is not issued and the effluent
from the Facility still demonstrates chronic toxicity after completion of the T1EfTRE, then within 90 days
after failing the second chronic toxiCity test after completion oftheTlE/TRE,Respondentshall do one of
the followin~:i) submit an application to the Department to modify the Fa.cility so that either the effluent
will meet the chronic toxicity limits imposed by Rule 62-302, F.A.C.; ii) eliminate the discharge of
effluent from the Facility to surface waters, or; iii) submit a request to the Department for other
administrative relief. Any modification to the Facility shall be constructed, certified complete and put
into service within one year of issuance of a Permit modification by the Department. Respondent shall
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ensure that any request for administrative relief proceeds in a timely fashion. Requests for additional
information made by the Department shall be answered within 60 days of the request.
15. In any event, the Facility's effluent discharge to Old Tampa Bay shall be in compliance
with the permit limits for Copper, Bromo-dichloromethane and toxicity surface water quality standards
by December 31, 2004.
16. On or before June 1, and December 1, of each year this Consent Order is in effect,
Respondent shall submit to the Department a written report containing information concerning the status
and progress of projects being completed under this Consent Order, information as to compliance or
rioncomplian,cewith the. applic&1:>lc;requirfi:ments of this Consent Order including construction
requirements and effluent limitations, and any reasons for noncompliance. Such reports shall~lso include
a projection ofthe work to be performed pursuant to this Consent Order during the subsequent six-month
period.
17. In the event of a sale or conveyance of the Facility or of the property upon which the
Facility is located, if all of the requirements of this Consent Order have not been fully satisfied,
Respondent shall, at least 30 days prior to the sale or conveyance ofthe property or Facility, (1) notify the
Departmentofsuch sale or conveyance, (2) provide the name and address of the purchaser, or operator,
or person in control ofthe Facility, and (3) provide a copy of this Consent Order with all attachments to
the new owner. The sale or conveyance of the Facility, or the property upon which the Facility is located
shall not relieve the Respondent of the obligations imposed in this Consent Order.
18. Within 90 days of the effective date of this Consent Order, Respondent shall either
comply with paragraph 19 of this Consent Order or pay the Department $33,500.00 in settlement of the
matters addressed in this Consent Order. This amount includes $31,500.00 in civil penalties for
violations of Section 403.161, Florida Statutes, and of the Department's rules and $2,000.00 for costs and
expenses incurred by the Department during the investigation of this matter and the preparation and
tracking of this Consent Order. The civil penalties are apportioned as follows: $28,500.00 for violation
of Rule 62.302.530, Florida Administrative Code and $3,000.00 for violation of Rules 62-600.440(5) and
62-610.460(1), Florida Administrative Code. Should Respondent choose to pursue paragraph 19 ofthis
Conserit Order, then within 90 days of the effective date of this Consent Order, Respondent shall pay to
the Department $9,000.00. This amount includes $7,000.00 in civil penalties for alleged violations of
Section 403.161, Florida Statutes, and of the Department's rules and $2,000.00 for costs and expenses
incurred by the Department during the investigation of this matter and the preparation and tracking of this
Consent Order. Payment shall be made by cashier's check or money order. The instrument shall be made
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payable to the "Department of Environmental Protection" and shall include thereon the OGC number
assigned to this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund".
19. In lieu of making cash payment of the civil penalties set forth in paragraph 18,
Respondent may implement an in-kind penalty project with a value of up to $24,500.00 of the civil
penalty amount. The total value of the in-kind penalty project shall be at least one and one half times the
civil penalty, which in this case is the equivalent of at least $36,750.00. To this end, Respondent shall:
(a) Within 120 days ofthe effective date of this Consent Order, submit to the Department a
proposal for consideration as an in-kind project. The project must be approved by the Department to
qualify as an in-kind project. Ifthe in-kind project is not approved by the Department, Respondent shall
make payment of the civil penalties as set forth in paragraph 18, within 45 days of written notice from the
Department;
(b) Complete the project within 720 days from Department approval of the project;
(c) Provide the Department with status reports in conjunction with the report required in
paragraph 15 of this Consent Order, documenting the progress being made on the implementation of the
project;
(d) Place appropriate signs during the implementation of the project indicating that
Respondent's involvement with the project is the result of a Department enforcement action. Respondent
may remove the signs after the project has been completed. However, after the project has been
completed Respondent shall not post any signs at the site indicating that the reason for the project was
anything other than a Department enforcement action. If a specific project does not involve a physical
site, then other similar type of public notification shall be required;
(e) Forfeit the ability to pursue an in-kind penalty project, including any money spent on any
completed project, if Respondent fails to timely submit any requested information or documentation
required by this Consent Order to the Department, fails to complete implementation of the in-kind project
or otherwise fails to comply with any provision of this paragraph. The unencumbered balance of the civil
penalty, as set forth in paragraph 18, shall be due from Respondent to the Department within 45 days of
notice;
(f) Notify the Department within 30 days of completing the project, of the project
completion and request a verification letter fromthe Department. Respondent shall submit supporting
information verifying that the project was completed in accordance with the approved propos~.1 and
documentation showing the actual costs incurred to complete the project. If the actual costs incurred in
completing the project are less than $36,750.00, Respondent shall remit payment of two-thirds of the
difference to the Department within 45 days of the project completion;
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(g) If upon review of the notification of completion, the Department determines that the
project cannot be accepted due to substantial deviation from the approved project, Respondent shall be
notified in writing and given a reasonable and mutually agreed upon opportunity to correct any
deficiencies. Otherwise, the Department shall provide a letter to Respondent acknowledging completion
of the project.
20. Respondent agrees to pay the Department stipulated penalties in the amount of $300.00
per day for each and every day Respondent fails to meet Permit-imposed effluent limitations (except for
Copper and Bromo-dichloromethane) or timely comply with any of the requirements of paragraphs 7, 12
thro~gh16, 18, 19, and 22ofthisConsentOr;der. Respondent also agrees to pay the Department
stipulated penalties inthe amount of $3,000;00 per month for each and every month the Respondent fails
. to meet the interim or finaIJirnit~ for Copper or Bromo-dichloromethane for the effluent disch~rgedto
Old Tampa Bay or fails to timely comply with any of the requirements in paragraphs 8 through 11 of this
Consent Order. A separate stipulated penalty shall be assessed for each violation of this Consent Order.
Within 30 days of written demand from the Department, Respondent shall make payment of the
appropriate stipulated penalties to the "Department of Environmental Protection" by cashier's check or
money order and shall include thereon the aGC number assigned to this Consent Order and the notation
"Ecosystem Management and Restoration Trust Fund." Payment shall be sent to the Department of
Environmental Protection, 3804 Coconut Palm Drive, Tampa, Florida, 33619-8318. 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 terms of this Consent Order. Any
penalties assessed under this paragraph shall be in addition to the settlement sum agreed to in paragraph
18 of this Consent Order. 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 Consent Order in an amount greater than the stipulated penalties due under this paragraph.
21. If any event, including administrative or judicial challenges by. third parties unrelated to
Respondent, occurs which causes delay or the reasonable likelihood of delay, in complying with the
requirements of this Consent Order, Respondent shall have the burden of proving the delay was or will be
caused by circumstances beyond the reasonable control of Respondent and could not have beetl~r cannot
be overcome by Respondent's due diligence. Economic circumstances shall not be considered
circumstances beyond the 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
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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 calendar 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
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 avoidhrtninirnlzedel~Y'.FailureOfRespondent to cornplywith the notice
requirements of this paragraph in a timely manner shall constitute a waiver of Respondent's right to
request an extension of tirne. for cornpliance with the requirements of this Consent Order.
22. Respondent shall publish the following notice in a newspaper of daily circulation in
Pinellas County, Florida. The notice shall he published one time only within 30 days after the effective
date of the Consent Order by the Department. A copy of the notice shall be provided by Respondent to
the Department within 20 days of publication.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF CONSENT ORDER
The Department of Environmental Protection gives notice of agency action of entering into a
Consent Order with the City of Clearwater pursuant to Section 120.57(4), Florida Statutes. The Consent
Order addresses alleged exceedances of water quality standards in the effluent discharged to Old Tampa
Bay from the Clearwater East Advanced Wastewater Treatment Plant located at 3141 Gulf to Bay
Boulevard, Clearwater, Pinellas County, Florida. The Consent Order 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, Southwest District, 3804 Coconut Palm Drive, Tampa,
Florida, 33619-8318.
Persons whose substantial interests are affected by this Consent Order have a right to petition for
an administrative hearing on the Consent Order. The Petition must contain the information set forth below
and must be filed (received) in the Department's Office of General Counsel, 3900 Commonwealth
Boulevard, MS# 35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this notice. A copy of
the Petition must also be mailed. at the time of filing to the District Office named above at the address
indicated. Fail1.p'e to file a petition within the 21 days constitutes a waiver of any right such person has to
an administrative hearing pursuant to. Sections 120569ahd 120.57, Florida Statutes.
The petition~hall: contain thefollowing information:
(a) The name, address,. and telephone number of each petitioner; the Department's identification
number for the Consent Orderartdthe courtty in which the subject matter or activity is located;
(b) A statement of how and when each petitionerreceivednotice of the Consent Order;
(c) A statement of how each petitioner's substantial interests are affected by the Consent Order;
(d) A statement of the material facts disputed by petitioner, if any;
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(e) A statement of facts which petitioner contends warrant reversal or modification of the
Consent Order;
(f) A statement of which rules or statutes petitioner contends require reversal or modification of
the Consent Order; and
(g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the
Department to take with respect to the Consent Order.
If a petition is filed, the administrative hearing process is designed to formulate agency action.
Accordingly, the Department's final action may be different from the position taken by it in this Notice.
Persons whose substantial interests will be affected by any decision of the Department with regard to the
subject Consent Order have the right to petition to become a party to the proceeding. The petition must
conform to the requirements specified above and be filed (received) within 21 days of receipt of this
n()ticeiptll~()ffice ofGen~rlll,Sounselat the above address of the Department Failure to petition within
tbe~l1o\Ve~.~illle frame .constiwtesaWaiver of any right such person has to request a hearing under
See:florts120.569and 1205ZrFlorida'Statutes, and to participate asa party to this proceeding. Any
subse9u~nt.iJl;t~rvention will only be at the approval of the presiding officer upon motion filed pursuant to
Rule 28-106.205, Florida Administrative Code.
A person whose substantial interests are affected by the Consent Order may file a timely petition
for an administrative hearing under Sections 120.569 and 120.57 , Florida Statutes, or may choose to
pursue mediation as an alternative remedy under Section 120.573, Florida Statutes, before the deadline
fodilingapetition. Choosing mediation will not adversely affect the right to a hearing if mediation does
not result in a settlement. The procedures for pursuing mediation are set forth below.
Mediation may only take place if the Department and all the parties to the proceeding agree that
mediation is appropriate. Aperson may pursue mediation by reaching a mediation agreement with all
parties to the proceeding (which include th~ Respondent, the Department, and any person who has filed a
timely and sufficient petition for a hearing) and by showing how the substantial interests of each
mediating party are affected by the Consent Order. The agreement must be filed in (received by) the
Office of General Counsel of the Department at 3900 Commonwealth Boulevard, MS #35, Tallahassee,
Florida 32399-3000, within 10 days after the deadline as set forth above for the filing of a petition.
The agreement to mediate must include the following:
(a) The names, addresses, and telephone numbers of any persons who may attend the mediation;
(b) The name, address, and telephone number of the mediator selected by the parties, or a
provision for selecting a mediator within a specified time;
(c) The agreed allocation of the costs and fees associated with the mediation;
(d) The agreement of the parties on the confidentiality of discussions and documents introduced
during mediation;
(e) The date, time, and place of the first mediation session, or a deadline for holding the first
session, if no mediator has yet been chosen;
. (f) The name of each party's representative who shall have authority to settle or recommend
settlement;
(g) Either an explanation of how the substantial interests of each mediating party will be affected
by the action or proposed action addressed in this notice of intent or a statement clearly identifying the
petition for hearing that each party has already filed, and incorporating it by reference; and
(h) The signatures of all parties or their authorized representatives.
As provided in Section 120.573, Horida Statut<;s,the timely agreement of all parties to mediate
will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, for requesting and
holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be
concluded within 60 days of the execution of the agreement. If mediation results in settlement of the
administrative dispute, the Department must enter a final order incorporating the agreement of the parties.
Persons whose substantial interests will be affected by such a modified final decision of the Department
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CLEARWATER EAST AWWTP
have a right to petition for a hearing only in accordance with the requirements for such petitions set forth
above, and must therefore file their petitions within 21 days of receipt of this notice. If mediation
terminates without settlement of the dispute, the Department shall notify all parties in writing that the
administrative hearing processes under Sections 120.569 and 120.57, Florida Statutes, remain available
for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging
the agency action and electing remedies under those two statutes.
23. Respondent shall allow all authorized representatives of the Department access to the
property and Facility at reasonable times for the purpose of determining compliance with the terms of this
Consent Order and the rules and statutes of the Department.
24. All submittals and payments required by this Consent Order to be subl11itted to the
Departirientshall be sentto the Florida Department of Environmental Protection, Domestic Wastewater
Section, attention: Thomas Gucciardo, 3804 Coconut Palm Drive,Tampa, Florida, 33619-8318.
25. This Consent Order is a settlement of the Department's civil and administrative authority
arising under Florida law to resolve the matters addressed herein. This Consent Order is not a settlement
of any criminal liabilities which may arise under Florida law, not is it a settlement of any violation which
may be prosecuted criminally or civilly under federal law.
26. 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 Consent Order.
27. The terms and conditions set forth in this Consent Order may be enforced in a court of
competent jurisdiction pursuant to Sections 120.69 and 403.121, Florida Statutes. Failure to comply with
the terms ofthis Consent Order shall constitute a violation of Section 403.161(1)(b), Florida Statutes.
28. The Department, for and in consideration of the complete and timely performance by
Respondent of the obligations agreed to in this Consent Order, hereby waives its right to seek judicial
imposition of damages or civil penalties for alleged violations through the date of the filing of this
Consent Order as addressed in this Consent Order.
29. Respondent is fully aware that a violation of the terms of this Consent Order may subject
Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per day per violation, and
criminal penalties.
30. Entry of this Consent Order does not relieve Respondent or Department of the need to
comply with applicable federal, state or local laws, regulations or ordinances.
31. No modifications of the terms ofthis Consent Order shall be effective until reduced to
writing and executed by both Respondent and the Department.
OGC FILE No. 02-1639
PAGE 120F 14
CLEARWATER EAST AWWTP
32. Respondent acknowledges and waives its right to an administrative hearing afforded by
Sections 120.569 and 120.57, Florida Statutes, on the terms of this Consent Order. Respondent
acknowledges its right to appeal the terms of this Consent Order pursuant to Section 120.68, Florida
Statutes, and waives that right upon signing this Consent Order.
33. This Consent Order is a final order of the Department pursuant to Section 120.52(7),
Florida Statutes, 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 Consent Order will not be effective until further order of the Department.
DATE
DATE
~
-
d
DONE AND ORDERED THIS ~ DAY O~./ ~~ 2002, IN TAMPA, FLORIDA.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
i!d:~
DIRECTOR OF DISTRICT MANAGEMENT
SOUTHWEST DISTRICT
3804 COCONUT PALM DRIVE
TAMPA, FL 33619-83.18
OGC FILENo. 02-1639
PAGE 13 OF 14
CLEARWATER EAST AWWTP
FILING AND ACKNOWLEDGEMENT FILED, ON THIS DATE, PURSUANT TO ~120.52 FLORIDA
STATUTES, WITH THE DESIGNATED DEPARTMENT CLERK, RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED.
{h Hj aD6~
DATE
~M~
CL RK
Attachment: Exhibit 1, Interim Discharge Monitoring Report
Copies furnished to:
Kathy Carter, FDEP aGC
Steve Kelly, FDEP WRM
aGC FILE No. 02-1639
PAGE 14 OF 14
CLEARWATER EAST AWWTP
DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT - PART A
WHEN COMPLETED, MAIL THIS REPORT TO:
Department of Environmental Protection Wastewater Facilities Regulation Section, Mail Station 3551
Twin Towers Office Building, 2600 Blair Stone Road, Tall$assee, Florida 32399-2400
PERMITIEENAME: City of Clearwater Public Utilities Department OGCFILE NO.: 02-1639 DMR Issued:
MAILING ADDRESS: Andrew Neff,P.E., Director MONITORING PERIOD--From: To:
P.O. Box 4748 THREE MONTH ROLLING ADF: % OF PERMITTED CAPACITY
Clearwater, FL 33758-4748 LIMIT: Interim REPORT: Monthly
CLASS SIZE: Major
FACILITY ID: FL0021865
DISCHARGE POINT NUMBER: DOOl
PLANT SIZE/TREATMENT TYPE:. lA
Please read instructions before com letin this form.
FACILITY:
LOCATION:
COUNTY:
Parameter
FLOW
(D001)
PARM Code 50050 Y
Mon. Site No. FLOW-2 (37113)
FLOW
(Total Plant)
PARM Code 50050 P
Mon. Site No. FLOW-1 (37112)
CBOD,. EFFLUENT
PARM Code 80082 W
Mon. Site No. EFD (14531)
CBOD" EFFLUENT
PARM Code 80082 Y
Mon. Si~ No. EFD (14531)
TSS EFFLUENT
PARM Code 00530 W
Mon. Site No. EFD (14531)
Clearwater East Advanced Wastewater Treattnent Plant
3141 Gulf to Bay Blvd.
Clearwater. FL 34619
PINELLAS COUNTY
GROUP: DW
WAFR SITE NO.: 37116
No Discharge From Site 0
., '"
~
... ".J ."
Quality or Concentration
Quantity or Loading
Maximum
Units
Maximum
Units
Frequency
of
Analysis
Sample
Type
No.
Ex.
A vera e
SlIIlple
Measurement
.................
..................
..................
.............
.................
..................
.................
.............
CONTINUOUS CALC-
REPORT ROLLING
MONTHLY ANN AVG
CONTINUOUS CALC-
REPORT ROLLING
MONTHLY 3 MO AVG
DAILY, 24 HOUR
FLOW PRO
F1VE/WEEK COMPOS. .
REPORT CALC-
MONTHLY ROLLING
ANN A VG.
DAILY, 24 HOUR
FLOW PRO
FIVE/WEEK COMPOS..
Pennh Requirement
REPORT .
MoAvg
mgd
SlIIlple
Measun:ment
mglL
SlIIlple
Measun:ment
.................
..................
.................
.............
Pennlt Requirement
..................
.................
.............
10.0
Max
, PennltRequirement
6.2S
MoAvg
mg/L
Sample
Measurement
..................
I'ellllit RequirellleRt; ..
..........-........
mg/L
Sample
Measurement
10.0
Max
1'ennItRequlrement,
Y - Annual Average Result
W - Effluent parameters for discharge to Grizzle-Figg waters.
[ certify under penalty of law that I have personally examined and am familiar with the information submitted herein; and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe
the submitted information is true, accurate and com lete. I am aware that there are si nificant nalties for submittin false information includin the ssibili of fine and im risonment.
NAMErrITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT (fypeorPr\nl) SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO. DATE (YY IMMIDD)
( )
COMMENT AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here): (Attach additional sheets if necessary.)
DEP Fonn 62-620.9\0(\0), effective November 29, \994 -1-
Part A continued
MonthlY ear
Facility Name: Clearwater East Advanced Wastewater Treatment Plant
Interim Limits
Facility 10 No.: FL0021865
Discharge Point No: DOOl
Parameter
TSS EFFLUENT
PARM Code 00530 Y
Mon. Site No. EFD (14531)
NTTROGEN,EFFLUENT
Total as N
PARM Code 00600 W
Mon. Site No. EFD (14531)
NITROGEN, EFFLUENT
Total as N
PARM Code 00600 Y
Mon. Site No. EFD (14531)
CHLORINE. TOTAL
RESIDUAL (For Disinfection)
PARM Code 50060 A
Mon. Site No. EFA (37117)
TSS EFFLUENT
(For Disinfection)
PARM Code 00530 B
Mon. Site No. EFB (37118)
CHLORINE, TOTAL
RESIDUAL (For Dechlorination)
PARM Code 50060 W
Mon. Site No. EFD (14531)
pH
(For Discharge)
PARM Code 00400 W
Mon. Site No. EFD (14531)
COLIFORM, FECAL
.
Please read instructions before.completIDe: this form.
Quantity or Loading
.. .
Average
Maximum
.............
.................
Sample
Measurement
.,.'..." .',...., .,...... ...,
perni;IRCquireriient .....,... ..'... ....,.... ........::..
, , . '... ,..... ..,.......
Sample
Measurement
. .".
Pem.it~i~nt
'..,
.
Sample
Measurement
.-~::', ::',-,,':::-:,:,.-:-.<
:PenrntRequiretilent
,.' ...... ,.;.
...
Sample
Measurement
... .......
PeT'itRequlrement
..,
Sample
:Measurement
.............
.................
:,'-' ...~.~~'.~'~..~~. ,".:. ..~...::.........
... "'. ............'
.............
.................
Units
...........
<..
<'.'i.i'
...........
...
Quality or Concentration
.............-.....
........,
i..' ",....n. '.., ........ ..
.........,:: .
/.....'
..........." ......,......... .~~~~~.,..>J
..
3.75
MoAvg
...........
...........
...........
............
..
...........
...........
.....
...........
.............
.........,> . ........ .........
I',.;".',.:~:.~.~.~,~.*~...,.,~.:~~" :-'~: - ':'
,....... ;..
..................
...',.,....,',. .'..' ......,. ....... ... ..... .,C' ;
.. ...~......... .................:.., .... ....... ...... ................ .... .... ..... ,. ....... <.J;A~~iA.v2. .... ....
.
MaximUm
.
.........,.........
.
:..........'........
. ,....... :.....
.
.. ..... [.....
6.0
MU
.......
...................
-,'c,;,,"', ":",,"':
..............'......
.. ..
............. ................. ........... ................. ................
............. ................. ........... 1.0 ....'............. ...............,..
... . . DailyMin ...
.
............. ................. ........... .................. ..................
Sample
MeasUlemenl
Pennii'aeQU,iren\ent ".............:
.............
.................
DEP Form 62.620.910(10). effective November 29, 1994
~t::Requi~ment
..
.,.:.
Sample
Measurement
-.-
PetriU'I.Requirement
.... . ...
Sample
Measureinent
. ........
.Pennll Requirement
.................
....
.............
..
.................
..
...
... ..
.............
.................
.............
.................
. ..
..
.............
.................
PARM Code 31616 W
Mon. Site No. EFD (14531)
Y - Annual Average Result
W - Effluent parameters for discharge to Grizzle-Figg waters.
..
..................
.. ...
..................
.. .,
5.0
Max
..
0.01
Max
Units
mg/L
mglL
mg/L
mg/L
.
mg/L
mg/L
.
SU
(l)Grab required, however the continuous analy:i:er shall be used to determine highest daily grab reading
#/I00mL
..................
..................
.
. ..................:.
'" ....-..............
.
..................
I> .6;5 ...
I....... ........Daily!>1i~.. ..,......
......-............
.. ...
.................
'. '.....'.. .... .<1.0
,:~c;.,. .....: ... ......1.. 75th"
-2-
.
..
8,5
DailyMax
>.,
...
25.0
Max. ..
WAFR Site No.:37116
No.
Ex.
Frequency
of
Analysis
Sample
Type
.
CALC-
REPORT ROLLING
MONTHLY ANN AVG..
DAILY, 24 HOUR
FLOW PRO
FIVE/WEEK COMPOS..
CALC-
REPORT ROLLING
MONTHLY ANN AVG..
REC.
CONTINUOUS MONITOR &
ANALYZER
DAILY. GRAB
FIVE/WEEK
REC.
MONITOR &
CONTINUOUS ANALYZER
(I)
REC.
CONTINUOUS MONITOR &
ANALYZER
DAILY.
FIVE/WEEK
GRAB
ease rea IDS C IOns e orecomuJ etm2t orm. :"f" ...
,-- . . ....
Parameter Quantity or Loading Quality Or Concentrati011 No. Frequency Sample
of
Ex. Analysis Type
Average Maximum Units Maximum Units
DISSOLVED OXYGEN
Sample Measurement ................ ................. ............. .................... ...................
PARM Code 00300 W Permlt ~i~t.. ...... 5.0 <. .' ',' . ..., . DAILY,
", ',,-',-.
Mon. Site No. EFD (14531) ................ .................. .........'.... DailyMID; ...............'..... ..~............-..... mglL SEVENIWEEK GRAB
-. .. '. ....... ........ .
DICHLOROBROMO- ..
METHANE Sample Measurement ................ ................. ............. ...................
PARM Code 32101 Y PenilJt Requirement -': 4.0.... Repoit
Mon. Site No. EFD (14531) ................ ................. ............. -.............-.....-.. ... AMulAvg. ....... !'ilL MONTHLY GRAB
.. . SingS8IIip
COPPER. TOTAL
RECOVERABLE Sample Measurement ................ ................. ............. ................... ....................
PARM Code 01119 W . \3.0 24 HOUR
Permlt Requhement ................ ................. ............. ................... .................... I1g/L MONTHLY FLOW PRO
Mon. Site No. EFD (14531) , ... .., .. . ..... Max COMPOS
... u
Sample Measurement
PARM Code 1 . ) >i. .........
Mon. Site No. Permlt Requirement ............ . ...: ; ... . . ..
Sample Measurement
PARM Code 1 .......................3.. . ...... .. ....... .
Mon. Site No. Pennll RequIrement ...... ... ...... ...... , . i..'.. .". , ......... ....
. . ',.
Sample Measurement
PARM Code 1 ." .. i<.. .............. . ~
PerrftIf'Recj\atiettient ., ....
Mon. Site No. '.. .. .... ..1..... . ...
. ..
Sample Meuurement
PARM Code 1
Mon. Site No. Pennie Requirement . .
CBOD5, INFLUENT -~
Sample Measurement ............. ................. ........... ................. .................
. .
PARM Code 80082-G ; .. .... - ................... . 24 HOUR
Pennit Requirement ............. ................. ............ ................... '.' REPOR.T ................. mglL WEEKLY FLOW PRO
Mon. Site No. INF (37111) MoAvg. COMPOS
TSS. INFLUENT
Sample Measurement ............. ................. ........... ................. .................
PARM Code oo530-G > , . .. .'. REPORT. ... 24 HOUR
Mon. Site No.INF (37111) Pennlt Requirement.: I':,,--;.::.......,.:~...... ~..:''- ........:.......,.~.~..--. . ...........:.'.,.- .................., ., ... ................. I mglL WEEKLY FLOW PRO
I"......, . I ....... .........,..:..; .; . ........ ....<....., MoAvg.. ......... .. .. COMPOS
Part A continued
MonthlY ear
Facility Name: Clearwater East Advanced Wastewater Treatment Plant
Interim Limits
FacilityID No.:FLO021865
Discharge Point No: DOOl
WAFR Site No.:37116
PI
dO trut'
b f,
I
his f,
W - Effluent parameters for discharge to Grizzle-Figg waters.
G - Influent Sample
COMMENT AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here):
. DEP Fonn 62-620.910(10), effective November 29, 1994
-3-
DEPARTMENT. OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT - PART A
WHEN COMPLETED, MAIL TIllS REPORT TO:
Department of Environmental Protection Wastewater Facilities Regulation Section, Mail Station 3551
Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400
PERMITTEE NAME: City of Clearwater Public Utilities Department OGCFILE NO.: 02-1639 DMR Issued:
MAILING ADDRESS: Andrew Neff, P.E., Director MONITORINGPERIOD--From: To:
P.O. Box 4748 THREE MONTH ROLLING ADF: % OF PERMITTED CAPACITY
Clearwater, FL 33758-4748 LIMIT: Interim REPORT: Toxicity
CLASS SIZE:. Major
FACILITY ID: FL0021865
DISCHARGE POINT NUMBER: DOOl
PLANT SIZE/TREATMENT TYPE: lA
f
COUNTY
Clearwater East Advanced Wastewater Treatment Plant
3141 Gulf to BayBlvd.
Clearwater,FL 34619
PINELLAS 0 NTY
GROUP: DW
WAFR SITE NO.: 37116
No Discharge From Site 0
FACILITY:
LOCATION:
c U Please read instructions be ore cOIDPletine: this form.
Parameter Ouantitv or Loading C ualitv or Concentration No. Frequency Sample
Ex. of Type
Average Maximum Units Maximum Units Analysis
CERlODAPHNIA DUBIA Sample.
NOEC STATRE 7DAY CHRON MeaSUremenl ............. ................. ........... .................. -0- ....................
PARM CodeTBP3B P . ., .. ... , ... .... ..... 24 HOUR
Mon. Site No. EFD(14534) 'PeimilRequiremenl ............. '- - ....-............. ........... lOll Min. 0 ....................-' . ................. Per Cent MONTHLY FLOW PRO
COMPOS
PIMEPHALES PROMELAS . Sample -
NOEC STATRE 7DAY CHRON Measuremenl ............. ................. ........... ................. .................. .................
PARM Code TBP6C P .. . :..~.....~-~~'.-.~:.....: - :-:,- -~. .... .' 24 HOUR
Mon. Site No. EFD (14534) ",,","lRequiremenl ' ' ............-... / -- "- .~._.:...:,._~...~...._,-, ','" .(:...~.~.._~~ ................. -~-,,: ..........,....-..... Per Cent MONTHLY FLOW PRO
'.'.'.," ..">, ". .. , .., .... .;., ,...... .,. COMPOS
Sample
Measuremenl
.... . .... .
.Permit Requirement. .,... ..... ..
, .. ... .
Sample
Measurement
... :
Permil Requirement. , ., ... .. . ;. .. .,
Sample
Measurement
.. ~ '. .
Pe""il ~iremeril , ..... .. .. .... ....,. .....:. . .... .,.
.. Sample
Measurement . ..
. ..' ... -c-
~etmllReituirement ... , . .. .....
~ ...
. If Toxicity reporting not required~enter NODI =9. P - Routine tests
[ certify under penalty of law that Ihave personally examined and am familiar with the information submitted herein; .and based on my inquiry of those individuals immediately responsible for obtaining the information. I believe
the submitted information is true, accurate and com tete. I am aware that there are si 'ficant nalties for submittin false information inc1udin the ssibili of fme and im risonment.
NAMEffITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT (fypo .,Prlnt) SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO. DATE (YY IMMIDD)
( )
COMMENT AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here): (Attach additional sheets if necessary.)
DEP Fonn 62-620.910(10). effective November 29. 1994 -4-
DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT - PART A
WHEN COMPLETED,MAlLTBlS REPORT TO:
Department of Environmental Protection Wastewater Facilities Regulation Section, Mail Station 3551
Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400
PERMITTEE NAME: City of Clearwater Public Utilities Department OGC FILE NO.: 02-1639 DMR Issued:
MAILING ADDRESS: Andrew Neff,P.E., Director MONITORING PERIOD--From: To:
P.O. Box 4748 THREE MONTH ROLLING ADF: % OF PERMITfED CAPACITY
Clearwater, FL 33758-4748 LIMIT: Interim REPORT: Monthly
CLASS SIZE: N/ A
FACILITY ID: FL0021865
DISCHARGE POINT NUMBER: ROO!
PLANT SIZE/TREATMENT TYPE~ lA
Please read instructions before com letin this fonn.
PARM Code 00530 B
Mon. Site No. EFB (37118)
P - 3 month rolling Average Daily F10wthruWWTP
Y - Annual Rolling Average Result
certify under penalty of law that I have personally examined and am familiar with the information submitted herein; and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe
he submitted information is true. accurate and com lete. I am aware that there are si 'ficant nalties for submittin false information inc1udin the ssibili offine and im risonment.
NAMElTITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT Cfl'POotPrlnQ SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO.
( )
FACILITY:
LOCATION:
COUNTY:
Parameter
FLOW
(plant Flow)
PARM Code 50050 P
Mon. Site No. FLOW-l (37112)
FLOW
(ROOl)
PARM Code 50050 Y
Mon. Site No. FLOW-3 (37114)
CBODs. EFFLUENT
PARM Code 80082 A
Mon. Site No. EFA (37117)
CBODs, EFFLUENT
PARM Code 80082 Y
Mon. Site No. EFA (37117)
TSS EFFLUENT
Clearwater East Advanced Wastewater Treatment Plant
3141 GulftoBay Blvd.
Clearwater, FL 34619
PINELLAS COUNTY
GROUP: DW
WAFR SITE NO.: 37115
No Discharge From Site 0
, .
,
-
\ .1 ~
Quality or Concentration
Maximum
Units
Frequency
of
Analysis
Sample
Type
Quantity or Loading
No.
Ex.
Maximum
Avera e
Units
Sample
Measurement
............-......
..............
..................
...................
I'Ilnnlt Requirement
REPORT
MoAvg,
CONTINUOUS CALC
REPORT ROLLING
MONTHLY 3 MO AVG
CONTINUOUS CALC-
REPORT ROLLING
MONTHLY ANN A VG
24 HOUR
WEEKLY FLOW PRO
COMPOS..
REPORT CALC..
MONTHLY ROLLING
ANN AVG.
...................
..................
..............
Sample
Measurement
...................
..................
..............
Pcnnlt Requirement ,
REPORT
MoAvg
...................
'............'......
..............
Sample
Measurement
..............
..................
30.0
MoAvg
Pennlt Requirement
.........'..... .................. ............
4S.0
WklyAvg
60.0
Max
mg/L
Sample
Measurement
..................
..................
.................. ............
. Pennlt Requirement
20.0
AMulAvg
.......... ........
mg/L
..................
Sample
Measurement
.................. ...................
DAILY.
7 PER WEEK
S.O
Max
GRAB
mg/L
Pennlt Requirement
..............
..................
DATE (YYfMMfDD)
:OMMENT AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here): (Attach additional sheets if necessary.)
JEP Fonn 62-620.910(10), effective November 29, 1994 -5-
Part A continued
MonthlYear
Facility Name: Clearwater East Advanced Wastewater TreatmentPlant
Interim Limits
Facility ID No.: FL0021865
Discharge Point No: ROOl
WAFR Site No.:37115
ease rea InstruCtiOns e ore comoIetme this form. .......0
....
Parameter Quantity or Loading Quality or Concentration No. Frequency Sample
of
Ex. Analysis Type
Average Maximum Units Maximum Units
COLIFORM, FECAL
Simple ....~......... .................. ............ ..................
Measurement
PARM Code 31616 A : ........ .... .... o. <1.0 25:0 DAILY.
'hinlit Requirement' ....-.....~~,~.. .................. .,.......:..~:~- ....;.~.~.,.'.......... '- #/IOOmL GRAB
Mon. Site No. EFA (37117) I. .......... ... ;.. .... ...... ... . ..... ,.. 7Stblf> . .... . Max 7 PER WEEK
CHLORINE, TOTAL .............. .................. ............ ...................
RESIDUAL Sample ................
MeaSurement
PARM Code 50060 A ...:.'. '.'. 1.0...' ....... REC.
Mon. Site No. EFA (37117) . PennitRequirement . ...'.....t:..... .................. . -.......-..... Daily!.!in ................... ................ mg/L CONTINUOUS MONITOR
.. . ....'. , ..... . & ANAL.
pH Sample ............... .................. ............ .......... .........
measurement
PARM Code 00400 A ... .' .C.. -:-. ....1 6.0 : 8.S REC.
Permit Requirement .............. .................. ............ ,..........-......... SU CONTINUOUS MONITOR
Mon. Site No. EFA (37117) DallyMin DailyMax & ANAL
TURBIDITY .
Sample .............. .................. ............ .................. ...................
Measurement
PARM Code 82078 B 1< ... . REC.
PetmitRequirement. . ........-...... .................. ............ .................'... ................... REPORT NTU CONTINUOUS MONITOR
Mon. Site No. EFB (37118) ... . , .... .... . ........ .......... DallyMax & ANAL
CBOD,. INFLUENT Sample .............. .... .............. ............ ................. .............-..
Measurement ..
PARM Code 80082 G ..... ....... . .. REPORT 24 HOUR
Mon. Site No. INF (37111) Perinid~equirement .............. ..........'........ ...........~-, '- ................. MoAvg ............... mg/L WEEKLY FLOW PRO
.... . ... ; .... ................ ... .... . COMPOS
TSS. INFLUENT .............. .................. ............ ................. ...............
Sample
Measurement
PARM Code 00530 G ........ I..... .. >: .. ...... i REPORT 24 HOUR
.:P=UiRequirement ......-.'.'...... .' .................. ............ ................. ............... mg/L WEEKLY FLOW PRO
Mon. Site No. INF (37111) ......,........ .... '.. .. :.' .......> i. M~Avg .... COMPOS
Sample
Measurement
PARM Code 1 .. .. .. .. .....
. Pennit Requirement .
Mon. Site No. ... .
Sample
Measurement
PARM Code 1 Pennit Requirement.
Mon. Site No. .
.. .. . ..
Sample
Measurement
PARM Code 1 IPe 'Req' . <' li<.. .. .....\.... ........... . .
Mon. Site No. ,nnlt uuement _, I. ...... . .. , , .. ...
PI
d'
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G - Influent Sample
:OMMENT AND EXPLANATION OF ANY VIOLATIONS (Reference aU attachments here):
DEP Fonn 62-620.910(10), effective November 29, 1994
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DAILY SAMPLE RESULTS - PART B
Facility 10:
Month/Year:
FL002I865
DOOI
(Page 1 of 2)
Three-month Average Daily Flow:
Daily Flow % of Permitted Capacity:
Flow Flow CBOD, TSS Nitrogen TRC TSS TRC Fecal pH pH Dissolved
(mgd) (mgd) (mg/L) (mg/L) as N (mg/L) (mg/L) (mg/L) Coliform Min Max Oxygen
Dool Plant (mg/L) Disinfect. Disinfect. De-Chlor. (#/looml) (sid units) (sid units) (mg/L)
PARM 50050 50050 80082 00530 00600 50060 00530 50060 31616 00400 00400 00300
Mon. Site FLOW-2 FLOW-l EFD EFD EFD EFA EFB EFD EFD EFD EFD EFD
37113 37112 14531 14531 14531 37117 37118 14531 14531 14531 14531 14531
1
2
3 . .... ...
.....
4 .. . . ..
5
,.
.'......6.... ..
7
8 .
9
.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
.
25 .
26
27 .
28
29
..
30 '- . .. .
31 .
PLANT STAFFING: Day Shift Operator Class:
Evening Shift Operator Class:
Night Shift Operator Class:
Lead Operator Class:
Type of Effluent Disposal or Reclaimed
Limited Wet Weather Discharge Activated: Yes: No: Not Applicable:
Attach additional sheets if necessary to list all certified operators.
DEP Fonn 62-620.910(10), Effective November 29, 1994 -7-
Certificate
Certificate
Certificate
Certificate
Name:
Name:
Name:
Name:
If yes, cumulative days of wet weather
DAILY SAMPLE RESULTS - PART B
Facility ID:
Month/Year:
FL002i865
DODi
(Page 2 of 2)
Three-month Average Daily Flow:
Daily Flow % of Permitted Capacity:
Dichloro- Copper, CBODs TSS
bromo- Total (mg/L) (mglL)
methane Recoverable Influent Influent
(J.lg/L) (J.lg/L)
PARM 32101 01119 80082 00530
Mon. Site EFD EFD INF INF
14531 14531 371 11 37111
. I
2
.
3 .:
.. ... .. .... .. .... ... .. .. .... ..
4 .. ...
...
5 .... ..
: .. ... .. .. .. ..
6
..
7
8
9
10
11
12
.
13
14
.
15
16
17
18
19
20
21
22
23
24 .
25
.
26
27
28
.... .
29 ...
..
30 ..
31
..
PLANT STAFFING:
Class:
Class:
Class:
Class:
Certificate
Certificate
Certificate
Certificate
Name:
Name:
Name:
Name:
Day Shift Operator
Evening Shift Operator
Night Shift Operator
Lead Operator
Type of Effluent Disposal or Reclaimed
Limited Wet Weather Discharge Activated: Yes: No: Not Applicable:
Attach additional sheets if necessary to list all certified operators.
If yes. cumulative days of wet weather
DEP Fonn 62-620.910(\0), Effective November 29, \994
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DAILY SAMPLE RESULTS - PART B
Facility lD:
Month/Year:
FL002I865
ROOI
Three-month Average Daily Flow:
Daily Flow % of Permitted Capacity:
Flow Flow CBODs TSS Fecal pH pH TRC (for Turbidity CBODs TSS
(mgd) (mgd) (mg/L) (mg/L) Coliform Max Min disinfect. ) (NTU) (mg/L) (mg/L)
(Plant) (Reuse) Bacteria (std units) (std units) (mg/L) Influent Influent
.. (#/100 mL)
PARM 50050 50050 80082 00530 31616 00400 00400 50060 82078 80082 00530
Mon. Site FLOW-I FLOW-3 EFA EFB EFA EFA EFA EFA EFB INF INF
37112 37114 37117 37118 37117 37117 37117 37117 37118 37111 37111
1
2
3
..
4
5
6
7
8
9
10
11
12
.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
PLANT STAFFING:
Class:
Class:
Class:
Class:
Certificate
Certificate
Certificate
Certificate
Name:
Name:
Name:
Name:
Day Shift Operator
Evening Shift Operator
Night Shift Operator
Lead Operator
Type of Effluent Disposal or Reclaimed
Limited Wet Weather Discharge Activated: Yes: No: Not Applicable:
Attach additional sheets if necessary to list all certified operators.
DEP Form 62-620.910(10), Effective November 29, 1994
If yes, cumulative days of wet weather
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INSTRUCTIONS FOR COMPLETING THE WASTEWATER DISCHARGE MONITORING REPORT
The DMR consists of four parts-A, B, C, and D-all of which mayor may not be applicable to every facility. Facilities may have one or more Part A'sfor reporting effluent data. All domestic wastewater facilities will have a
Part B for reporting daily sample results. Part C is only applicable for domestic wastewater facilities with limited wet weather discharges permitted under Chapter 62-610.860, F.A.C. Part D is used for reporting ground water.
monitoring well data.
Hard copies andlor electronic copies of the required parts of the DMR were provided with the permit. All required information shall be typed or printed in ink.
In addition to filling in numerical results on various parts of the DMR, the following codes should be used and an explanation provided where appropriate. Note: Codes used by the lab for raw data may be different.
CODE
ANC
DRY
FLD
IPS
LS
MNR
DESCRIPTION/INSTRUCTIONS
Analysis not conducted.
Dry Well
Flood disaster.
Insufficient flow for sampling.
Lost sample.
Monitorin not r riod since limit is conditional.
CODE
NOD
OPS
OTH
SEF
TNTC
DESCRIPTION/INSTRUCTIONS
No discharge from/to site.
Operations were shutdown so no sample could be taken.
Other. Please enter an explanation of why monitoring data were not available.
Sampling equipment failure.
Too numerous too count (forfecalcoUform bacteria only).
When reporting analytical results that fall below a laboratory's reported method detection limits or practical quantification limits, the following instructions and code should be used:
CODE
<
DESCRIPTION/INSTRUCTIONS
If the sampled value is less than the method detection limit (MDL), enter a less than sign followed by the laboratory's MDL value, e.g. < 0.001. In cases where a laboratory reports a value which is
less than the parameter's practical quantification limit (PQL), but, not less than the MDL, the value should be reported as the laboratory's MDL value. For example, where the MDL = 0.001, the
PQL - 0.005 and the laborato rts <0.005 (the L , the value of 0.001 should be re rted on the. DMR.
PART A .DISCHARGE MONITORING REPORT (DMR)
Part A of the DMR is comprised of one or more sections, each having its own header information. Facility information is preprinted in the header as well as the monitoring group number, whether the limits and monitoring
requirements are interim or final, and the required submittal frequency (e.g. monthly, annually, quarterly, etc.) Submit Part A based on the required reporting frequency in the header and the instructions shown in the permit.
The following blanks in the header should be completed by the permittee or authorized representative:
No Discharge From Site: Check this. box if no discharge occurs and, as a result, there are no data or codes to be entered for all of the parameters on the DMR for the entire monitoring group number. If there was no discharge
of effluent for a particular outfall, reuse, or land application system and the DMR monitoring group includes other monitoring locations (e.g., influent sampling); the "NOD" code should be used to individually denote those
parameters for which there was no discharge.
Monitoring Period: Enter the month, day, and year for the first and last day of the monitoring period (Le. the month, the quarter, the year, etc.) during which the data on this report were collected and analyzed.
Three Month Rolling ADF as a % of PeI1nitted Capacity: Divide the three-month average daily flow by the permitted capacity of the treatment facility, multiply by 100, and enter this value.
Sample Measurement: Before filling in sample measurements in the table, check to see that the data collected correspond to the limit indicated on the DMR (Le. interim or final) and that the data correspond to the monitoring
group number in the header. Enter the data or calculated results for each parameter on this row. Be sure the result being entered corresponds to the appropriate statistical base code (e.g. annual average, monthly average, single
sample maximum, etc.). .
No. Ex.: Enter the number of sample measurements during the monitoring period that exceeded the permit limit for each parameter. If none, enter zero.
Frequency of Analysis: The shaded areas in this column contain the minimum number of times the measurement is required to be made according to the permit. Enter the actual number of times the measurement was made in
the space above the shaded area. .
Sample Type: The shaded areas in this. cohunn contain the type of sample (e.g. grab, composite, continuous) required by the permit. Enter the actual sample type that was taken in the space above the shaded area.
Signature: This report must be signed in accordance with Rule 62-620.305, F .A. C. Type or print the name and title of the signing official. Include the telephone.number where the official may be reached in the event there are
questions concerning this report. Enter the date when the report is signed.
Comment and Explanation of Any Violations: Use this area to explain any exceedances, any upset or by-pass events, or other items which. require explanation.. If more space is needed, reference all attachments in this area.
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'ART B. DAILY SAMPLE RESULTS
ilonthlYear: Enter the month and year during which the data on this report were collected and analyzed.
['hree.month Average Daily Flow: Calculate and enter the three-month average daily flow to the treatment facility.
TMADF/Permitted Capacity) x 100: Divide the three-month average daily flow by the permitted capacity of the treatment facility, multiply by 100, and enterthisvalue.
)aily Monitoring Results: Record the results of daily monitoring for the parameters required to be sampled by your permit. Record the data in the units indicated.
)lant Staffmg: List the name, certificate number ,and class of all state certified operators operating the facility during the monitoring period. Use additional sheets as necessary.
rype of Effiuent Disposal or Reclaimed Water Reuse: Enter the type of effluent disposal or reclaimed water reuse (e,g. surface water discharge,oceanoutf!lll, slow rate land application-public access, slow rate land
IPplication-restricted public access, rapid rate land application, absorption field, uliderground injection).
:.imited Wet Weather Discharge Activated:.. If this plant does not have a limited wet weather discharge permitted under the provision of Rule 62-610.860, F.A.C., check 'Not Applicable.' If the plant activated the wet weather
Iischarge during the reporting month, check 'Yes' and attach PART C - LIMITED WET WEATHER DISCHARGE.
['ART C - LIMITED WET WEATHER DISCHARGE
ll1is part is to be completed and submitted each month reclaimed water or effluent is discharged by a limited wet weather discharge permitted under Rulei62-61O.860. F.A.C. For months with no discharge, Part C need not be
;ubmitted. All information is to be provided. for each day on which the limited wet weather discharge was activated.
MonthlYear: Enter the month and year during which the data on this report were collected alid analyzed.
Rainfall Information: Enter the name and location of the rainfall gauging station, the source of climatological (norma1rainfall) data, the cumulative rainfall for the average rainfall year, and the cumulative rainfall to date for
this calendar year. The cumulative rainfall for the average rainfall year is the amount of rain, in inches, which falls during an average rainfall yearJromJanuary through the month for which this part contains data. The
~umulative rainfall to date for this calendar year is the total amount of rain, in inches, that has been recorded since January 1 of the current year through the monthfor which this DMR contains data.
Date: Enter the date on which the discharge occurred.
Duration of Discharge: Enter the number of hours, to the nearest 0.1 of an hour (0.1 hr. = 6 min.) during each day of discharge that reclaimed water was actuallYdischarged to surface waters.
Gallous Discharged: Enter the quantity inmillionsof gallons ofrei:1aimed water discharged during the period shown in duration of discharge. Show the units as mi\1ions of gallons (mg), accurate to the nearest 0.01.
Average Discharge Flow Rate: Divide gallons discharged by duration of discharge (converted into days). Record in million gallons per day (MGD).
Average Upstream Flow Rate: Entert:he average flow rate in the receiving stream upstream from the point of discharge for the period shown in duration of discharge. The average flow rate can be calculated based on two
measurements; one made at the start and one made at the end of the discharge period. Measurements are to be made at the upstream gauging station described in the permit.
Stream Dilution Factor: Enter the actual stream dilution ratio accurate to the nearest 0.1. To calculate the factor, divide the average upstream flow rate by the average discharge flow rate.
CBODs: Enter the average CBODs of the reclaimed water discharged during the period shown in duration of discharge.
TKN: Enter the average TKN of the reclaimed water discharged during the period shown in duration of discharge.
Total P: Enter the cumulative number of days since January 1 of the current year during which the limited wet weather discharge was activated divided by the total number of days since January 1 of the current year multiplied
by 100%.
Reason for Discharge: Provide a brief explanation of the factors contributing to the need to activate the limited wet weather discharge.
PART D - GROUND WATER MONITORING REPORT
Monitoring Period: Enter the month, day, alid year for the first and last day of the monitoring period (i.e. the month, the quarter, the year, etc.) during which the data on this report were collected and analyzed.
Date Sample Obtained: Enter the date the sample was taken. Also, check whether or not the well was purged before sampling.
Sampling Methods: Ilidicate the procedure used to collect the sample (e.g. airlift, bucketlbailer, centrifugal pump, etc.)
Samples Filtered: Indicate whether the sample obtained was filtered by laboratory (L), filtered in field (F), or unfiltered (N).
Preservatives Added: State what preservatives were added to the sample.
Analysis Method: Indicate the analytical method used. Record the method number from Chapter 62-160 or Chapter 62-601, F.A.C., or from other sources.
Analysis ResultlUnits: Record the results of tile analysis. If the result was below the minimum detection limit, indicate that. Enter the units associated with tlieresults of the analysis.
Detection Limits/Units: Record. the detection limits of the analytical methods used and the units associated with them.
Comments and Explanations: Use this space to make any comments on or explanations of results which are unexpected. If more space is needed, reference all attachments in this area.
~.
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