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CONSENT ORDER OGC FILE NO. 02-1639 f \. .. " BEFORE THE ST ATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESPONDENT. ) ) ) ) ) ) ) ) ) ) ) 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 OGC FILENo. 02-1639 PAGE 2 OF 14 CLEARWATER EAST A WWTP , l 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, OGC FILE No. 02-1639 PAGE 3 OF 14 CLEARWATER EAST AWWTP 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 OGC FILE No. 02-1639 PAGE4oFJ4 CLEARWATER EAST AWWTP .~ 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 OGCFILENo.02-1639 PAGE 5 OF 14 CLEARWATER EAST AWltTP 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 OGC FILE No. 02-1639 PAGE6oF14 CLEARWATER EAST A JVWTP 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 OGC FiLENo. 02-1639 PAGE70FJ4 CLEARWATER EAST A WWTP 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; OGCFILENO.02-1639 PAGE80FJ4 CLEARWATER EAST A WlfTP \ ' (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 OGC FILE NO. 02-1639 PAGE 9 OF 14 CLEARWATER EAST AWWTP 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; OGC FILE No. 02-1639 PAGE 10 OF14 CLEARWATER EAST AWWTP (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 OGC FILENo. 02-1639 PAGE 11 OF 14 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' b ~ G - Influent Sample :OMMENT AND EXPLANATION OF ANY VIOLATIONS (Reference aU attachments here): DEP Fonn 62-620.910(10), effective November 29, 1994 -6- 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 -8- 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 -9- 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. -10- '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. ~. -11-