CONSENT ORDER OGC FILE NO. 02-1565
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BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
COMPLAINANT,
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IN THE OFFICE OF THE
SOUTHWEST DISTRICT
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION,
OGC FILE No. 01-1565
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 Marshall
Street Advanced Wastewater Treatment Plant, a 10.00 MGD wastewater treatment facility with reclaimed
water sent to the Clearwater Master Reuse System ("ROO 1") and dechlorinated effluent discharged to
Stevenson Creek ("D001"), collectively known as "Facility". The Facility is located at 1605 Harbor Drive,
Clearwater, Pinellas County, Florida, 33755. Respondent operates the Facility under Department Permit No.
FL0021857, which expires June 1,2005 ("Permit").
4. Stevenson Creek, as a tributary to Clearwater Harbor, is classified as a Class In marine
water body, an Outstanding Florida Water and an Aquatic Preserve in Rule 62-302, F.A.C. Discharges of
domestic wastewater to Stevenson Creek, and subsequently Clearwater Harbor, are governed by Sel;tion
403.086, Florida Statutes.
CLEARWATER MARSHAll STREET A WWTP
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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 June 2000, indicate that the effluent
was chronically toxic to P. prome/as in the first bioassay and chronically toxic to C. dubia in the fifth, sixth,
11 th and 13th bioassays.
(b) A review of the Discharge Monitoring Reports ("DMRs") indicates that the effluent Permit
limit for Copper single sample maximum, for DOOl, was exceeded August, 2000, June, July and August,
2001.
(c) A review oftheDMRsindicates that the effluent Permit limitfofthefecal coliform 75th
percentile non-detectable requirement, fQr DOOl, was exceeded July and October, 2000, April and June,
2001.
ORDERED:
7. Respondent has initiated a pilot project using chlorine dioxide, in place of gaseous chlorine
for disinfection, to reduce the formation oftri-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 full and 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 submitthe Evaluation to the Department. Should the results of the
Evaluation suggest that a permit to modify the Facility will be required, then subparagraphs 7(a) through (c)
shall be followed. Should the results of the Evaluation suggest that only process control changes will be
required, then subparagraphs7(d) through(f) shaUbe followed.
(a) Within 270 days after the effective date.ofthisConsent 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.
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(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 wastewater
permit 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 daysafter the effective date ofthis 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 ofthis 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 ofthis Consent Order, Respondent shall submit a detailed
report of the first 90 days ofperformanc~ of the Facility as operated under the Control Protocol. Based on
the results of this report, ifit 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 either reduce or eliminate 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 or elimination 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,
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 of this Consent Order, the Facility's effluent discharged to Stevenson
Creek shall not contain more than 13.0 ....gIL Copper on a single sample maximum basis. This interirnlimit
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
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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 accordance with the Permit. This interim
limit does not act as a State of Florida Department of Environmental Protection wastewater permit effluent
limitation or modified permit limitation, nor does it authorize or otherwise justify violation, nor form the
basis ofa 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 Dibromo-chloromethane through reduction of the sources of
Dibromo-chloromethane or by treatment so that the Facility's effluent is in compliance withthe water quality
stand~rds for.I?ibrolllo-chloromethane asdefi~~diy:Rule62-302,.F.A.C., by. December 31, 2004.
Respondent sh~i1~k~ whatever correctiveabtions are m~cessary to accomplish thereduction of Dibromo-
chlorom.ethaneinthe Facility's effluent. Howevet,if'aperrnitrevisionor additional Department permit is
required for the corrective actions, Respondent must obtain the permit revision or Department permit prior to
placi~g the modifications into operation. The Department shan make a permit onevisiondecision 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 qua1ity standards for Dibromo-ch10romethane by December 31, 2004.
11. During the pendency ofthis Consent Order, the Facility's effluent discharged to Stevenson
Creek shall not contain more than 68.0 J.lg/L of Dibromo-chloromethane on an annual average basis. The
interim limit of68.0 J.lglL 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 DMR to be used for
reporting the interim limit values is incorporated herein and attached as Exhibit 1. Sampling, analysis and
reporting of Dibromo-ch10romethane 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 otherwise justify violation, nor
form the basis for a violation of the Florida Air and Water Pollution Control Act, Part I, Chapter 403, Florida
Statutes, or.ru1es adopted thereunder, during the pendency of this Consent Order.
Respondent shall reduce Bromo..dichlorometha.ne through reduction of the sources of
Bromo-dichlorom~thane or bytreatmenf so that tIl.eF'acilIiy'seftluent is incompliance with the water quality
standards for Bromo-dichloromethane as defined in Chapter 62-302, F:A.G.,bYDecember 31,2004.
Respondent shall take whatever corrective actiol1s. 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 for the corrective actions, Respondent must obtain the permit revision or Department permit prior to
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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.
13. During the pendency of this Consent Order, the Facility's effluent discharged to Stevenson
Creek shall not contain more than 44.0 J.lgIL of Bromo-dichloromethane on an annual average basis. The
interim limit of 44.0 J.lgIL 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 DMR to be used for
I
reporting the interim limit values. is incorpor!lted herein and attached as Exhibit 1. Sampling, analysis and
reportmg ofBromo-dichloromethaneshallbe in accordance with the permit, except that results obtained
priodothe 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 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.
14. 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 receiv~d 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 submit copies of
the DMRs to the Southwest District of the Department, pursuant to paragraph 26 of this Consent Order.
15. Respondent may apply to the Department for a mixing zone, in accordance with Rule 62-
4.244, F.A.C., for Copper, Bromo-dichloromethane, Dibromo-chloromethane and chronic toxicity for the
effluent discharged into Stevenson Creek. Respondent must have a Comprehensive Quality Assurance Plan
for sampling and laboratory analysis approved and a Plan of Study approved by the Department for 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 and 16 ofthis 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 fQr 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.
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CLEARWATER MARSHALL STREET A WWTP
16. 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 ("TIE/TRE") as described in subparagraph 16(b) and foregoing subparagraph
16(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 accordlihce withthemethodo10gy described in the Permit for a
multi-concentration test. Acopy<>fthe DMRtohe used for reporting the interim accelerated testing is
incorporated herein and attached as Exhibit 1. No test shall be required for any month there isno discharge.
to Stevenson Creek. No follow-up tests shall be required for the accelerated tests. Should there 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 ("TIE/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 ("TIE/TRE Plan") to
attain compliance with the chronic toxicity limits. This TIE/TRE plan and schedule shall be consistent with
the procedures and protocols in Methods for Aquatic Toxicity Identification Evaluation - Phase I Toxicity
Characterization Procedures (EP N600/6-91/003), Methods for Aquatic Toxicity Identification Evaluation -
Phase II Toxicity Identification Procedures (EP N600/3-88/035), Methods for Aquatic Toxicity Identification
Evaluation - Phase III Toxicity Confirmation Procedures (EP N600/3-88/036) and Toxicity Reduction
Evaluation Guidcmce For Municipal Wastewater Treatment Plants (EPA 833-B-99-002). The latest
published guidance from the Environmental Protection Agency, accepted byth~ Department, shall be used
whenever possible. Ifthereis a conflict between the most recent and older document or guidance, the most
recent document or guidance will be tlsed as the basis for T1EITRE implementation and determination of
appropriate test conditions and range oftheTIEITRE. The TIEITRE Plan shall be implemented as soon as
practical. The TIE/TRE shall be completed no later than one year from the date of submittal of the TIEITRE
Plan.
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(c) The TIErrRE shall be completed and compliance with the chronic toxicity limit shall be attained
within one year from the date of submittal of the TIEfTRE as required in subparagraph 16(b).
(d) Should Respondent receive a mixing zone for chronic toxicity prior to December 31, 2004,
pursuant to paragraph 15 of this Consent Order, the requirements of subparagraphs 16(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 TIErrRE, then within 90 days after
failing the second chronic toxicity test after completion of the TIEfTRE, Respondent shall do one of the
following: i) submit an application to the Department to modify the Facility so that either the effluent will
meetthechronictoxicitylimitsimpo:;ed, 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 yearof
issuance of a Permit modification by the Department. Respondent shall 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.
17. In any event, the Facility'seffluent discharge to Stevenson Creek shall be in compliance
with the permit limits for Copper, Dibromo-chloromethane, Bromo-dichloromethane and toxicity surface
water quality standards by December 31, 2004.
18. 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
noncompliance with the applicable requirements of this Consent Order including construction requirements
and effluent limitations, and anY reasons for noncompliance. Such reports shall also include a projection of
the work to be performed pursuant to this Consent Order during the subsequent six-month period.
19. In the event ofa 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 of the property or Facility, (1) notify the Department of such
sale or conveyance, (2) provide the name and address of the purchaser, or operator, ~r person in control of
the Facility, and (3) provide a copy of this Consent Order with all attachments to the new owner. The sale or
cortv:eyance 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.
20. Within 90 days of the effective date of this Consent Order, Respondent shall either comply
with paragraph 21 ofthis Consent Order or pay the Department $29,750.00 in settlement of the matters
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addressed in this Consent Order. This amount includes $27,750.00 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. Civil penalties are apportioned as follows: $26,250.00 for violation of Rule 62-302.530, Florida
Administrative Code and $1,500.00 for violation of Rules 62-600A40(5) and 62-610.460(1), Florida
Administrative Code. Should Respondent choose to pursue paragraph 21 of this Consent Order, then within
90 days of the effective date of this Consent Order, Respondent shall pay to the Department $8,400.00. This
amount includes $6,400.00 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
investig~tion of this Illattefatldthe prepatatlon andtiacking of this Consent Ordet: ... Paymel1t shall be made
by cashier's check ormoneyotder. The instrument shall be made 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".
21. In lieu of making cash payment of the civil penalties set forth in paragraph 20, Respondent
may implement an in-kind penalty project with a value of up to $21,350.00 ofthe civil penalty amount. The
total value ofthe in-kind penaltyproject shall be at least one and one halftimes the civil penalty, which in
this case is the equivalent of at least $32,025.00. To this end, Respondent shall:
(a) Within 120 days of the effective date of this Consent Order, submit to the Department a
proposal for consideration as an in-kind project. The project mustbe approved by the Department to qualify
as an in-kind project. If the in-kind project is not approved by the Department, Respondent shall make
payment of the civil penalties as set forth in paragraph 20, 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 17 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 hasbeen completed.lIowever, after the project has bee11comp1eted Respondent shall
not post any signs at the site indica.ting 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;
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(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 20, 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 from the Department. Respondent shall submit supporting information
verifying thatthe project was completed ill accordance with the approved proposal and documentation
showing the actual costs incurred to complete the project. If the actual costs incurred in completing the
project are. less than $32,025.00, Respondent shall remit payment of two-thirds of the difference to the
Department within 45 days ofthe project completion;
(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.
22. 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 ofthe requirements of paragraphs 7, 14 through 18,
20,21, and 24 of this Consent Order. Respondent also agrees to pay the Department stipulated penalties in
the amount of $3,000.00 per month for each and every month the Respondent fails to meet the interim or
final limits for Copper or Bromo-dichloromethane for the effluent discharged to Clearwater Harbor or fails
to timely comply with any ofthe requirements in paragraphs 8 through 13 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
OGC 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 20 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
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seeking civil penalties for violations of this Consent Order in an amount greater than the stipulated penalties
due under this paragraph.
23. 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 been or cannot be
overcome by Respondent's due diligence. Economic circumstances shall not be considered circumstances
beyond the control of Respondent, nor shall the failure ofa 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 cau.sebeyond the control of Respondent, unless the cause of the
contractor's late performance was also beyond the contractor's control. Upon occurrence of an event causing
delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department orally within
24 hours or by the next working day and shall, within seven 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 avoid or minimize delay. Failure of Respondent to comply
with the notice requirements of this paragraph in a timely manner shall constitute a waiver of Respondent's
right to request an extension of time for compliance with the requirements of this Consent Order.
24. Respondent shall publish the following notice in a newspaper of daily circulation in Pinellas
County, Florida. The notice shall be published one time only within 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 Stevenson Creek from the
Clearwater Marshall Street Advanced Wastewater Tr<::atment Plant located at 1605 Harbor Drive,
Clearwater, 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.
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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 ofreceipt 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. Failure
to file a petition within the 21 days constitutes a waiver of any right such person has to an administrative
hearing pursuant to Sections 120.569 and 120.57, Florida Statutes.
The petition shall contain the following information:
(a) The name, address, and telephone number of each petitioner; the Department's identification
number for the Consent Order and the county in which the subject matter or activity is located;
(b) A statement of how and when each petitioner received notice of the Consent Order;
(c) A statement of how each petitioner's substantial interests are affected by the Consent Order;
(4lA..statementof thell111t~rial.fllcts disputed by petitioner, if any;
. (e) A statement offacts.whi~hpe~tloIler.C(;mtends warrant reversal or modification of tl1e .Consent
Order;
.;i (fl.i\statetnentofwhich rules or statut~s petitioner contends require reversal or modification ofthe
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 ofthis notice
inthe Office of General Counsel at the above address of the Department. Failure to petition within the
allowed time frame constitutes a waiver of any right such person has to request a hearing under Sections
120.569 and 120.57, Florida Statutes,' and to participate as a party to this proceeding. Any subsequent
intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-
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 for filing a
petition. 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. A person may pursue mediation by reaching a mediation agreement with all parties
tothe proceeding (which include the 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, addre!js, and telephone number of the mediator selected by the parties, or a provision
for.selecting a mediator within a specified time;
(e) The agreed allocation of the costs and fees associated with the media~on;
(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;
OGCFILENo.01-1565
PAGE 11 OF I4
CLEARWATER MARSHALL STREET A WWTP
(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, Florida Statutes, 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 ofthe 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 have a right to
petit~onfor ah~aringonlyin,acc()rdancewithth~requirements for such petitions set forth above, and must
therefore file their petitions within 21 days of receiptofthisnotice. If mediation terniinates without
settlement oithe dispute, the Departmeritshall notify all parties in writing that the administrative hearing
processes under Sections 120S69 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.
25. 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.
26. All submittals and payments required by this Consent Order to be submitted to the
Department shall.be sent to the Florida Department of Environmental Protection, Domestic Wastewater
Section, attention: Thomas Gucciardo, 3804 Coconut Palm Drive, Tampa, Florida, 33619-8318.
27. 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, nor is it a settlement of any violation, which may
be prosecuted criminally or civilly under federal law.
28. 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.
29. The terms and conditions set forth in this Consent Order may be enforced in a court of
competent jurisdiction pursuant to ~ections 120.69 and 403.121, Florida Statutes. Failure to comply with the
terms ofthisConsent Order shall constitute a violation of Section 403.161 (l)(b), Florida Statutes.
30. The Department, for and in consideration of the complete and timely performance by
Respondent of the obligations agreed to in this Consent Order, hereby waive's its right to seekjudicial
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.
OGC FILE No. 01-1565
PAGE120F14
CLEARWATER MARSHAll STREET A WWTP
31. 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.
32. 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.
33. No modifications ofthe terms of this Consent Order shall be effective until reduced to
writing and executed by both Respondent and the Department.
34. Respondent acknowledges and waives its right to an administrative hearing afforded by
Sections 120.569 and 120.57, Florida Statutes, on the terms ofthis Consent Order. Respondent
acknowledges its right to appeal the terms oftbisConsent Order pursuant to Section 120.68, Florida Statutes,
and waives that right upon signing this Consent Order.
35. 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
1
lONER
DATE
~
APPROVED AS TO F BY
. PAM AKIN, CITY ArrORNEY
OGC FILE NO. 01-1565
PAGE 13 OF 14
CLEARWATER MARSHALL STREET A WWTP
cf:-1d,
DONE AND ORDERED THIS ;- DAY OF.:f/J q <~, 2002, IN TAMPA, FLORIDA.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
EBORAH A. GET F
DIRECTOR OF DISTRICT MANAGEMENT
SOUTHWEST DISTRICT
3804 COCONUT PALM DRIVE
TAMPA, FL33619-8318
Fll..ING AND ACKNOWLEDGEMENT Fll..ED, ON THIS DATE, PURSUANT TO ~120.52 FLORIDA
STATUTES, WITH THE DESIGNATED DEPARTMENT CLERK, RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED.
De~ II, ADO~
DATE
c~~~rJrJW~
Attachment: Exhibit 1, Interim Discharge Monitoring Report
Copies furnished to:
Kathy Carter, FDEP OGC
Steven Kelly, FDEP WRM
OGC FILE No. 01-1565
PAGE 14 OF 14
CLEARWATER MARSHALL STREET A WWTP
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, Tallahassee, Florida 32399-2400
PERMmEE NAME: City of Clearwater Public Utilities Department OGC FILE NUMBER: 01-1565 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 10: FLOO21857
DISCHARGE POINT NUMBER: DOOl
PLANT SIZE/TREA TMENT TYPE: lA
Please read instructions before com letin this form.
Clearwater Marshall Street Wastewater Treatment Plant
1605 Harbor Drive
Clearwater, FL 33755
PINELLAS COUNTY
GROUP: DW
WAFR SITE NO.: 36661
No Discharge From Site 0
FACILITY:
LOCATION:
COUNTY:
Parameter
FLOW
(0001)
PARM Code 50050 Y
Mon. Site No. FLOW-2 (36659)
FLOW
(Total Plant)
PARM Code 50050 P
Mon. Site No. FLOW-l (36658)
CBOD,. EFFLUENT
P ARM Code 80082 W
Mon. Site No. EFD (14534)
CBOD,. EFFLUENT
PARM Code 80082 Y
Mon. Site No. EFD (14534)
TSS EFFLUENT
P ARM Code 00530 W
Mon. Site No. EFD (14534)
Sample
Meuurement
Quantity or Loading
Maximum
Quality or Concentration
No,
E..
Frequency
of
Analysis
Sample
Type
Units
Maximum
Units
.................
..................
.................
.............
CONTINUOUS CALC-
REPORT ROLUNG
MONTHLY ANN A VG
CONTINUOUS CALC-
REPORT ROLLING
MONTHLY 3 MO AVG
DAILY, 24 HOUR
FIVE/WEEK FLOW PRO
COMPOS..
REPORT CALC-
MONTHLY ROLLING
ANN AVG.
24 HOUR
DAILY. FLOW PRO
FlVE/WEEK COMPOS..
REPORT 10.0
MoAvg Rolling
Annul Av
REPORT .................
MoAvg
............. ................. ...........
............. ................. ...........
............. ................. ...........
............'. ................. ...........
............. ................. ...........
.............
.............
.....-............
.............
PermIt Requirement
Sample
Measurement
Pennlt Requlm'nent
Sample
Measurement
',Pennit Requirement
,Sample
Measurement
Pennie Requirement
Sample
Measurement
10.0
Max
6.25
MoAvg
mg/L
..................
..................
mg/L
10.0
, Max
mg/L
Y - Annual Average Result
W - Effluent parameters for discharge to Grlzzle-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
he submitted information is true. accurate and com lete. I am aware that there are si 'ficant nalties for submitting false information includin the ssibili of fme and im risonment.
NAMErrtTLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT (Typo........) SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO. DATE (YY IMM/DD)
( )
: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 -1-
art A continued
lonth/Year
Facility Name: Clearwater Marshall Street Wastewater Treatment Plant
Interim Limits
Facility ID No.: FL0021857
Discharge Point No: noOl
WAFRSite No.:36661
ease rea IllS ruc IOns e ore COmDJ etme t orm.
Parameter Quantity or Loading Quality or Concentration Frequency Sample
No. of
Ex. Analysis Type
Average Maximum Units - Maximum Units
TSS EFFLUENT ...
Sample ............. ................. ........... .................. ..................
Measurement .
PARM Code 00530 Y .... . .. ........ Id. . :..... ..5.0 .' CALC.
Pel'Jtlit Requirement ............. ................. ........... .................. .................. mg/L REPORT ROLLING
Mon. Site No. EFD (14534) AnnulAvg MONTHLY ANN AVG..
NTTROGEN,EFFLUENT
Total as N Sample ............. ................. ...........
Measurement
PARM Code 00600 W :. . 24 HOUR
PennitReqt,irement ...-.......... ......'........... ........... 4.5 I:. 3.75 6.0 mg/L DAILY, FLOW PRO
Mon. Site No. EFD (14534) . .... .:.. . I WklyAvg MoAvg ...... Max. FIVE/WEEK COMPOS..
NITROGEN, EFFLUENT
Total as N Sample ............. ................. ........... .................. ...................
Measurement
PARM Code 00600 Y .. . ....... .. ,-' ."''- - :_ ".' - ..,.'-: ."-C'____ _-, 3.0.... .... .... CALC.
PlimiitRequirement ............. - ................. ........... , '.....-....~.:...i.'....<, ................... mg/L REPORT ROLLING
Mon. Site No. EFD (14534) .. AniiulAvg MONTHLY
.. . ANN AVG..
PHOSPHOROUS, EFFLUENT . . .....
Total as P Sample ............. ................. ...........
MeasUrement
PARM Code 00665 W . . .>c .... ,.:,:.5;.. ,Us'. ..' '.2.0 - 24 HOUR
Mon. Site No. EFD (14534) Pel'nli~ Requirement r:: ...........-.. .............-.... .....~n..o~_ .: ..' ""~,,...,i '...... .M311 mg/L DAILY, FLOW PRO
I,...... ....'........ .... ... .. I ....,.... .... .MoAvg,... . ..... FIVE/WEEK COMPOS..
PHOSPHOROUS, EFFLUENT ... ..
Total as P Sample ............. ................. ........... .................. ...................
Measurement
i PARM Code 00665 Y ......'...' .. .. ~- ....... . .".......' ..... '."" 1:0... ...........:.... CALC.
PennitRequirement ..........-... ......:............ ..'...-......-.. .:-'-~..:~:._..~~,.....,..... -" .... AnnulAvg .......-............ mg/L REPORT ROLLING
Mon. Site No. EFD (14534) . . . .'. ........c ............... ......... ...... ,.... .... MONTHLY ANN AVG..
CHLORINE, TOTAL ............. ................. ........... .................
RESIDUAL (For Disinfection) Sample ................
Measurement
P ARM Code 50060 A .. 1.0 KEC.
Mon. Site No. EFA (36655) Pennlt Requirement ............. ................. ........... DailyMin ................. ................ mg/L CONTINUOUS MONITOR &
... , .. ... ... . ..... .. ANALYZER
TSS EFFLUENT ..................
(For Disinfection) Sample ............. ................. ........... ..................
, Measurement
PARM Code 00530 B . ... I .. ...---- .. I., . ....~... .......... - '~-.~.~.~..-~:~*-~....~~-' . -,:,: ',of' __!~' _~';- n' , 5.0 DAILY,
PennllRequirement I -, ............. I' ,-- ".~.~....'..~..:...--~ ..'......... .'...-...........-... ... mg/L GRAB
Mon. Site No. EFB (36656) I. .'. ....,.....; . ... Max. .- FIVE/WEEK
CHLORINE, TOTAL ............. ................. ........... .................. ..................
RESIDUAL (For Dechlorination) Sample
Measurement .
PARM Code 50060 W . ... .., . ,. ~. DAILY,
Pel'nlitRequirement : - .............. ................. 1-,-- ......._...~ I .; ............:.,..... :,,--- '..'.........'..-..... 0.01 mg/L GRAB
Mon. Site No. EFD (14534) . Max SEVENIWEEK
pH Sample ............. ................. ........... ..................
(For Discharge) Measurement
PARM Code 00400 W ;.... .:" _!..o_: .......>.6..5 i .. ... REC.
Pennit Requirement ............. ................. ............ ..................,. 8,5 SU CONTINUOUS MONITOR &
Mon. Site No. EFD (14534) .. ... .. , I . DailyMin .................. OailyMax .. . ANALYZER
PI
d' t
t"
b ~
I
his ~
Y - Annual Average Result
W - Effluent parameters for discharge to Grizzle-Figg waters.
DEP Fonn 62.620.9Hl(IO), effeclive November 29,1994
-2-
PARM Code 00300 W
Mon. Site No. EFD (14534) Pennlt~ireiricnt
DffiROMO-CHLORO-
METHANE sample Measun:ment
PARM Code 32105 W
Mon. Site No. EFD (14534) PennltRCquli'emCnt
BROMO-DICHLORO-
METHANE
PARM Code 32101 W
Mon. Site No. EFD (14534
COPPER. TOTAL
RECOVERABLE
PARM Code 01119 W
Mon. Site No. EFD (14534)
LEAD,TOTAL
RECOVERABLE
PARM Code 01114 W
Mon. Site No. EFD (14534)
Part A continued
Month/Year
Parameter
COLlFORM, FECAL
PARM Code 31616 W
Mon. Site No. EFD (14534)
DISSOLVED OXYGEN
Facility Name: Clearwater Marshall Street Wastewater Treatment Plant
Interim Limits
Facility ID No.: FLO021857
Discharge Point No: DOOl
this form.
WAFR Site No.:36661
l'lease reud instructions before com letin
~~~--
~ ,-,
, ,
. .
" I
\~ \ (
,.....'. .~ l' '. lv' '1\
Quality or Concentration
Frequency
of
Analysis
Sample
Type
Quantity or Loading
No.
Ex.
Avera e
Maximum
Units
Maximum
Units
.................
Sample Measun:menl
................
................. .............
DAILY,
F1VE/WEEK
GRAB
#I100mL
DAILY.
SEVEN/WEEK
GRAB
mglL
................ .................
I'glL
MONTHLY
GRAB
Sample Measurement ................ .................
Pem.!l R,equimnent ................ .............'.....
Sample Measurement ................ ................. .............
PenRltRequIn:ment ................ ................. .............
I'g/L
MONTHLY
GRAB
I'g/L
MONTHLY
24 HOUR
FLOW PRO
COMPOS
\3.0
Max
................ ................. .............
24 HOUR
FLOW PRO
COMPOS
I'g/L
MONTHLY
M
Max
,.................
PARM Code
Mon. Site No.
CBOD5, INFLUENT
PARM Code 8oo82-G
Mon. Site No. INF (36657)
TSS, INFLUENT
PARM Code 00530-G
Mon. Site No. INF (36657)
Sample Measurement
.............
...........
.................
24 HOUR
mg/L WEEKLY FLOW PRO
COMPOS
24 HOUR
. .................. mg/L WEEKLY FLOW PRO
COMPOS
Permit Requirement
...............'..
...........
.............
Sample ,Measurement
.............
.................
...........
Permit Requirement
.............
.................
............
w - Effluent parameters for discharge to Grizzle-Figg waters.
G - Influent Sample
COMMENT AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here):
DEP Fonn 62-620.9\0(10), effective November 29.1994
-3-
lACILITY:
JOCATION:
'ERMITTEE NAME: City of Clearwater Public Utilities Department OGC FILE NUMBER:OI-t565
r1AILING ADDRESS: Andrew Neff,P.E., Director MONITORING PERIOD-From:
P.O. Box 4748 THREE MONTH ROLLING ADF:
Clearwater,FL337584748 LIMIT: Intetim
CLASS SIZE: Major
FACILITY ID: FL0021857
DISCHARGE POINT NUMBER: DOOl
PLANT SIZE/TREATMENT TYPE: . lA
Please read instructions before com letin . this form.
DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT - PART A
VHEN COMPLETED, MAIL TIllS REPORT TO: Departmcrnt of Environmental Protection Wastewater Facilities Regulation Section, Mail Station 3551
Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee,.Florida 32399-2400
D MR Issued:
To:
% OF PERMITTED CAPACITY
REPORT: Quarterly
:OUNTY:
Clearwater Marshall Street Wastewater Treatment Plant
1605 Harbor Drive
Clearwater ,FL 33755
PINELLASCOUNTY
GROUP: DW
WAFR SITE NO.: 36661
No Discharge From Site 0
Parameter
Quantity or Loading
Monthly Units
Total
Quality or Concentration
No.
Ex.
Frequency
of
Analysis
Sample
Type
Units
SILVER. TOTAL
RECOVERABLE
PARM Code 01079 W
Mon. Site No. EFD (14534)
mON, TOTAL
RECOVERABLE
PARM Code 00980 W
Mon. Site No. EFD (14534)
ZINC, TOTAL
RECOVERABLE
PARM Code 01094 W
Mon. Site No. EFD (14534)
.................
86.0
Max
"g/L
24 HOUR
QUARTERLY FLOW PRO
COMPOS
24 HOUR
QUARTERLY FLOW PRO
COMPOS
24 HOUR
QUARTERLY FLOW PRO
COMPOS
~/L
"g/L
PARM Code
Mon. Site No.
Sample
Measun:menl
Pennit Requirement
DATE (YY/MM/DD)
)MMENT AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here): (Attach additional sheets if necessary.)
3P Form 62.620.910(10), effective November 29, 1994
-4-
DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT .. PART A
WHEN COMPLETED, MAIL THIS REPORT TO: Department of Environmental Protection Wastewater Facilities Regulatii>n Section, Mail Station.355l
Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400
DMR Issued:
To:
% OF PERMITTED CAPACITY
REPORT: Toxicity
PERMITTEE NAME: City of Clearwater Public Utilities Department OGC FILE NUMBER: 01.1565,
MAILING ADDRESS: Andrew Neff, P.R., Director MONITORINGPERlOD~Front:
P.O. Box 4748 THREE MONTH ROLLING ADF:
Clearwater, FL 33758-4748 LIMIT: Interim
CLASS SIZE: Major
FACILITY 10: FL0021857
DISCHARGE POINT NUMBER: .0001
PLANT SIZE/TREATMENT TYPE: lA
Please read instructions before completin this form.
uanti or Loadin uali or Concentration
Maximum Units Maximum
COUNTY:
Clearwater Marshall Street Wastewater Treatment Plant
1605 Harbor Drive
Clearwater, FL 33755
PINELLAS COUNTY
GROUP: DW
WAFR SITE NO.: 36661
No Discharge From Site 0
FACILITY:
LOCATION:
SImple
Measurement
.................
Units
No.
E..
Frequency
of
Analysis
Sample
Type
Parameter
~~-- 1-'
~
CERlODAPHNIA DUBIA
NOEC STATRE 7DAY CHRON
PARM Code TBP3B P
Mon. Site No. EFD (14534)
PIMEPHALES PROMELAS
NOEC STATRE 7DAY CHRON
PARM Code TBP6C P
Mon. Site No. EFD (14534)
Sample .
Measurement
.................
...........
Penn!t Requirement
..,.........
!oOMiri..'
24 HOUR
Per Cent MONTHLY FLOW PRO
COMPOS
.................
24 HOUR
................. PerCent MONTHLY FLOW PRO
COMPOS
Permit Requirement
.......'...........
Sample
Measurement
Pennit Requirement
Pennlt Requirement
Sample
Measurement
.. hmut.Requirement
Sample
Measunlmenl
PennllRequlrement
Sample
Measurement
'If Toxicity reporting not required, enter NODI=9. P - Routine tests Q & R - Additionaltesting. ifrequired.
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 individualslmmediately responsible for obtaining the information, I believe
he submitted infonnation is true, accurate and com lete. I am aware that there are si 'ficant enalties for submittin false information includin the sibiliof fine and im risonment.
NAMElTITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT (T7P"Of PriDl> SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO. DATE (YY IMMIDD)
( )
:OMMENT AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here): (Attach additional sheets if necessary.)
)EP Fonn 62-620.910(10), effective November 29, 1994 -5-
DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT - PART A
VlIEN COMPLETED, MAIL THIS 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
'ERMI'ITEE NAME: City of Clearwater Public Utilities Department OGC FILE NUMBER: 01-1565 DMR Issued:
,1AILING ADDRESS: Andrew Neff, P.E., Director MONITORING PERIOD...;From: To:
P.O. Box 4748 THREE MONTH ROLLING ADF: % OF PERMITIED CAPACITY
Clearwater, FL 33758-4748 LIMIT: Interim REPORT: Monthly
CLASS SIZE: NI A
FACILITY ID: FL0021857
DISCHARGE POINT NUMBER: Root
PLANT SIZE/TREA TMENT TYPE: 1A
Please read instructions before com letin this form.
~ACILITY:
JOCATION:
:OUNTY:
Parameter
FLOW
(plant Flow)
PARM Code 50050 P
Mon. Site No. FLOW-! (36658)
FLOW
(ROO!)
. P ARM Code 50050 Y
Mon. Site No.FLOW-3 (36660)
CBODs. EFFLUENT
P ARM Code 80082 A
Mon. Site No. EFA (36655)
CBODs. EFFLUENT
PARM Code 80082 Y
Mon. Site No. EFA (36655)
TSS EFFLUENT
P ARM Code 00530 B
Mon. Site No. EFB (36656)
Clearwater Marshall Street Wastewater Treatment Plant
1605 Harbor Drive
Clearwater. FL 33755
PINELLAS COUNTY
GROUP: DW
WAFR SITE NO.: 36662
No Discharge From Site 0
Frequency
of
Analysis
Quantity or Loading
Maximum
Quality or Concentration
Maximum
Units
Sample
Type
No.
Ex.
Units
.................. ..............
..............
CONTINUOUS CALC
REPORT ROLLING
MONTHLY 3 MO A VG
CONTINUOUS CALC
REPORT ROLLING
MONTHLY ANN AVG
DAILY. 24 HOUR
S PER WEEK FLOW PRO
COMPOS..
REPORT CALCn
MONTHLY ROLLING
ANN A VG.
DAILY, GRAB
1 PER WEEK
..............
..............
mg/L
mg/L
Sample
Measurement
Pennit Requirement.
-...............
.......-...'..'.......
mg/L
P - 3 month rolling Average Daily Flow thru WWTP
Y - Annual Rolling Average Result
:ertify 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
e submitted infonnation is true, accurate and com lete. I am aware that there are si nificant enalties for submittin false information inc1udin the sibili of fme and im risonment.
NAMErrITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT (Type or''''') SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO. DATE (YY IMMIDD)
( )
OMMENT AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here): (Attach additional sheets if necessary.)
"p Fonn 62.620.910(10). effective November 29, 1994 -6-
Part A continued
Month/Year
Parameter
COLIFORM, FECAL
PARM Code 31616 A
Mon. Site No. EFA (36655)
CHLORINE, TOTAL
RESIDUAL
PARM Code 50060 A
Mon. Site No. BFA (36655)
pH
PARM Code 00400 A-
Mon. Site No. EFA (36655)
TURBIDITY
PARM Code 82078 B
Mon. Site No. EFB (36656)
CBOD~. INFLUENT
PARM Code 80082 G
Mon. Site No. INF (36657)
TSS, INFLUENT
PARM Code 00530 G
Mon. Site No. INF (36657)
Facility Name: Clearwater Marshall Street Wastewater Treatment Plant
Interim Limits
FacilityJrj No.:pto021857
Disch~rge Point No: Root
WAFR Site No.:36662
Please read instructions beforecoIll leting this form.
Frequency
of
Analysis
Sample
Type
---
,-~ , ~ I r #,' ,. "',
, ,~ ~ I ,1
r, "' 1
- , _ ~ ~ 1
"." . !,,'
" . ~ ,~\~I fl
Quality or Concentration
Quantity or Loading
No.
Ex.
Maximum
Units
Units
Avera e
SU
Sample
Measurement
..............
..................
............
.............~....
PermIt Requirement
..............
#/IOOmL
DAILY, GRAB
1 PER WEEK
REC.
CONTINUOUS MONITOR
& ANAL.
REC.
CONTINUOUS MONITOR
& ANAL
REC.
CONTINUOUS MONITOR
& ANAL
24 HOUR
MONTHLY FLOW PRO
COMPOS
24 HOUR
MONTHLY FLOW PRO
COMPOS
Sample
Measurement
..............
Pelll\lrRequlrement
..............,
mg/L
Sample
measurement
..............
Pennit Requirement
.............. ..................
6.0
DailyMln
...................
Sample
Measurement
.............. .................. ............ .................. ...................
.............. .................. ............ ........-...........-. ................... REPORT
DailyMIll
.............. .................. ............ ................. ...............
NTU
Pennlt Requirement
Sample
Measurement
Pennit Requirement
mg/L
..............
...............
mglL
Sample
Measurement
..............
..................
...............
Pennlt Requirement
..................
...............
..............
PARM Code
Mon. Site No.
Sample
Measurement
Pennit Requirement
PARM Code
Mon. Site No.
Sample
Measurement
Pennlt Requirement
PARM Code
Mon. Site No.
G - Influent Sample
:::OMMENT AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here):
Sample
Measurement
J>ennli Requirement
DEP Fonn 62-620.910(10), effective November 29, 1994
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DAILY SAMPLE RESULTS - PART B
Facility 10:
Month/Year:
FL0021857
DOOI
(Page 1 of 2)
Three-month Average Daily Flow:
Daily Flow % of Permitted Capacity:
Flow Flow CBODs TSS Nitrogen Phosphor- TRC TSS TRC Fecal pH pH
(mgd) (mgd) (mg/L) (mg/L) as N OUS, as P (mglL) (mg/L) (mg/L) Coliform Min Ma.'I(.
Dool Plant (mg/L) (mg/L) Disinfect. Disinfect. De-Chlor. (#Ilooml) (std units) (std units)
PARM 50050 50050 80082 00530 00600 00665 50060 00530 50060 31616 00400 00400
Mon. Site FLOW-2 FLOW-l EFD EFD EFD EFD EFA EFB EFD EFD EFD EFD
36659 36658 14534 14534 14534 14534 36655 36656 14534 14534 14534 14534
1
2
3
4
5 ...
..
6 . ....
7 -c-
. .. . ..
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 -8-
Name:
Name:
Name:
Name:
Certificate
Certificate
Certificate
Certificate
If yes, cumulative days of wet weather
DAILY SAMPLE RESULTS - PART B
Facility ID:
Month/Year:
FL0021857
DOOl
(Page 2 of 2)
Three-month Average Daily Flow:
Daily Flow % of Permitted Capacity:
Dissolved Dichloro- Chloro- Copper, Lead, Silver, Iron, Zinc, CBOD~ TSS
Oxygen bromo- dibromo- Total Total Total Total Total (mg/L) (mg/L)
(mg/L) methane methane Recoverable Recoverable Recoverable Recoverable Recoverable Influent Influent
(llg/L) IlglL) Ilg/L) Ilg/L) IlglL) Ilg/L) Ilg/L)
PARM 00300 32101 32105 01119 01114 01079 00980 01094 80082 00530
Mon. Site EFD EFD EFD EFD EFD EFD EFD EFD INF INF
14534 14534 14534 14534 14534 14534 14534 14534 36657 36657
1
2
3
4
I: S , . .... ... ...
I 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 Form 62-620.9\0(10), Effective November 29. \994
-9-
DAILY SAMPLE RESULTS - PART B
Facility 10:
Month/Year:
FL002I857
ROOI
Three-month Average Daily Flow:
Daily Flow % of Permitted Capacity:
Flow (mgd) Flow (mgd) CBODs TSS Fecal pH pH TRC (for Turbidity CBODs TSS
(Plant) (Reuse) (mglL) (mg/L) Coliform Max Min disinfect.) (NTU) (mglL) (mglL)
Bacteria (std units) (std units) (mglL) 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
36658 36660 36655 36656 36655 36655 36655 36655 36656 36657 36657
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 aU certified operators.
If yes. cumulative days of wet weather
DEP Form 62-6W.910(IO), Effective November 29, 1994
-10-
INSTRUCTIONS FOR COMPLETING TIlE WASTEWATER DISCHARGE MONITORING REPORT
'he 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's for reportiIlg effluent data. All domestic wastewater facilities will have a,
'art 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
nonitoring well data.
lard copies and/or electronic copies of the required parts of the DMR were provided with the permit. All required information shall be typed or printed in ink.
n 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
IFS
LS
MNR
DESCRIPTION/INSTRUCTIONS
Analysis not conducted.
Ory Well
Flood disaster.
Insufficient flow for sampling.
Lost sample.
Monitorin not riod since limit is conditional.
CODE
NOD
OPS
OTH
SEF
TNTC
DESCRIPTIONIINSTRUCrIONS
No discharge from/to site.
Operations were shutdown 8O.no sample could be taken.
Other. Please enter an explanation of why monitoring data were not available.
Sampling equipment failure.
Too numerous too count (for fecal coliform 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 tbanthe method detection limit (MOL), 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 MOL, the value should be reported as the laboratory's MOL value. For example, where the MOL = 0.001, the
L ... 0.005 and the laborato r rts <0.005 the PQL), the value of 0.001 should be re rted on the DMR.
) ART A .DISCHARGE MONITORING REPORT (DMR)
)art A of the OMR 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
'equirements 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.
['he following blanks in the header should be completed by the permittee or authorized representative:
'lo 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
If 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
larameters for which there was no discharge.
V1onitoring Period: Enter the month, day, and 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.
l'hree Month Rolling ADF as a % of Permitted Capacity: Divide the three-month average daily flow by the permitted capacity of the treattnent facility, multiply by 100, and enter this value.
;ampIe Measurement: Before filling in sample measurements in the table, check to see that the data collected correspond to the limit indicated on the DMR (i.e. interim or final) and that the data correspond to the monitoring
:roup 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
:ample maximum, etc.).
1/"0. Ex.: Enter the number of sample measurements during the monitoring period that exceeded the permit limit for each parameter. If none, enter zero.
I"requency of Analysis: The shaded areas in this columri 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
he space above the shaded area. .
;ample Type: The shaded areas in this column 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.
;ignature: 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
juestionsconcerning this report. . Enter the date when the report is signed.
:omment and Explanation of AnyVioIations: 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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RT B - DAILY SAMPLE RESULTS
Inth/Year: Enter the month and year during which the data on this report were collected and analyzed.
ree-month Average Daily Flow: Calculate and enter the three-month average daily flow to the treatment facility.
\ilADFlPermitted Capacity) x 100: Divide the three-month average daily flow by the permitted capacity of the treatment facility, multiply by 100, and enter this value.
ily 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.
mt Staff'mg: List the name, certificate munber, and class of all state certified operators operating the facility during the monitoring period. Use additional sheets as necessary.
pe of Emuent Disposal or ReclaiDledWater Reuse: Enter the type of effluent disposal or reclaimed water reuse (e.g. surface water discharge, ocean outfall, slow rate land application-public access, slow rate land
)lication-restricted public access; rapid rate land application, absorption field, underground injection).
nited 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
charge during the reporting month, check 'Yes' and attach PART C - LIMITED WET WEATHER DISCHARGE.
lRT C - LIMITED WET WEATHER mscIiARGE
lis part is to be completed and submitted each month reclaimed water or effluent is discharged by a limited wet weather discharge permitted under Rule 62-610.860, F.A.C. For months with no discharge, Part C need not be
bmitted. All information is to be provided for each day on which the limited wet weather discharge was activated. .
onthIYear: Enter the month and year during which the data on this report were collected and analyzed.
rlnfall Information: Enter the name and location of the rainfall gauging station, the source of climatological (normal rainfall) data, the cumulative rainfall for the average rainfall year, and the cumulative rainfall to date for
is calendar year. The cumulative rainfall for the average rainfall year is the amount of rain, in inches, which falls during an average rainfall year from January through the month for which this part contains data. The
mulative rainfall to date for this calendar year is the total amount ofrain, in inches, that has been recorded since January 1 of the current year through the month for which this DMR contains data.
ate: Enter the date on which the discharge occurred.
uration 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 actually discharged to surface waters.
allons Discharged: Enter the quantity in millions of gallons of reclaimed water discharged during the period shown in duration of discharge. Show the units as millions of gallons (mg), accurate to the nearest 0.01.
verage Discharge Flow Rate: Divide gallons discharged by duration of discharge (converted into days). Record in million gallons per day (MGD).
verage Upstream Flow Rate: Enter the 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
easurements; 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.
tream 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.
BODs: Enter the average CBOD, of the reclaimed water discharged during the period shown in duration of discharge.
KN: Enter the average TKN of the reclaimed water discharged during the period shown in duration of discharge.
otal 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
V 100%.
.eason for Discharge: Provide a brief explanation of the factors contributing to the need to activate the limited wet weather discharge.
ART D. GROUND WATER MONITORING REPORT
{onitoring 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.
late Sample Obtained: Enter the date the sample was taken. Also, check whether or not the well was purged before sampling.
.ampling Methods: Indicate the procedure used to collect the sample (e.g. airlift, bucket/bailer, centrifugal pump, etc.)
,amples Filtered: Indicate whether the sample obtained was filtered by laboratory (L), filtered in field (F), or unfiltered (N).
'reservatives Added: State what preservatives were added to the sample.
Ulalysis 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.
~na1ysis ResulUUnits: Record the results of the analysis. If the result was below the minimum detection limit, indicate that. Enter the units associated with the results of the analysis.
>election LimitslUnits: Record the detection limitscof the analytical methods used and the units associated with them.
:omments 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.
-12-