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CONSENT ORDER OGC FILE NO. 02-0511-52-DW (2) . . BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION COMPLAINANT, ) ) ) ) ) ) ) ) ) ) ). IN THE OFFICE OF THE SOUTHWEST DISTRICT STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, OGC FILE No. 02-0511-52-DW VS. CiTY OF CLEARWATER, CONSENT ORDER ThisO;msent 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 fmds. arId 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 there under, 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 Northeast Advanced Wastewater Treatment Plant, a 13.50 MGD wastewater treatment facility with reclaimed water sent to the Clearwater Master Reuse System ("ROO 1 ") and dechlorinated effluent discharge, shared with the Clearwater East Advanced Wastewater Treatment Plant, to Old Tampa Bay ("DOO 1 "),collectively known as "Facility". The Clearwater Northeast Advanced Wastewater Treatment Plant, is located at 3290 State Road 580, Clearwater, Pinellas County, Florida, 34695. The Clearwater East Advanced Wastewater Treatment Plant and DOOl are located at 3141 Gulfto Bay Boulevard, Clearwater, Pinellas County, Florida, 34619. Respondent operates the Facility under Department Permit No. FL0128937, which expires August 24,2005 ('~Permit,,). CLEARWATER NORTHEAST A WWTP 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(1), Florida Statutes. 5. On May3, 2001, in a meeting with the Department, Respondent was notified of alleged violations of Sections 403.085, 403.086, 403.087 and 403.16l(l)(b), Florida Statutes, and Rules 62-302.530, 62-600.440(5) and 62-610.460(1), Florida Administrative Code. The alleged violations cited include: (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, lOth, 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,fQr D001,was exceeded July, August, September, October and December, 2000, January, February, March, April, May, June and July, 2001. (c) A review ofthe DMRs indicated that the effluent Permit limit for Fecal coliform bacteria 75th percentile non-detectable requirement, for D001, was exceeded in June, 2000 and January, 2001. (d) A review of the DMRs indicated that the effluent Permit limit for Fecal coliform bacteria single sample maximum, for D001, was exceeded in July, 2001. (e) A review of the DMRs indicates that the effluent Permit limit for Fecal coliform bacteria 75th percentile non-detectable requirement, for R001, was exceeded June and November, 2000, January and April, 2001. (f) A review of the DMRs indicated that the effluent Permit limit for Bromo-dichloromethane surface water quality standard of22 ~g/L, based on an annual average, was exceeded May, July and September, 2001. These fmdings 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 projectusing chlorine dioxide, in place of gaseous chlorine for disinfection, to reduce the. fonnation of tri-halomethanes in the effluent. Respondent has retained the services of a Florida professional engineer for theplUpose 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 OGC FILE No. 02.0511-52-DW PAGE 2 OF 13 CLEARWATER NORTHEAST A WWTP effective date of this Consent Order, Respondent shall submit the Evaluation to the Department. Should the results of the Evaluation be such that a modification to the Facility and the Permit will be required, then subparagraphs 7(a) through (c) shall be followed. Should the results of the Evaluation be such 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, Respondentshall submit an application to the Department to revise the Permit 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 pf such a request in the event the Departmentrequires additional information in order to proce~sthe~astewater 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 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 ofthe 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. By December 31, 2004, and thereafter, 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 Rule 62-302.530, F.A.C. 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 OGC FILE No. 02-0511-52-DW PAGE 3 OF 13 CLEARWATER NORTHEAST A WWTP 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'seffluent discharged to Old Tampa Bay shall not contain more than 13.0 JlgIL 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 62-620.91 O( 1 0), to be used for reporting this interim limit value is incorporated herein and attached as Exhibit 1. Sampling, arialysisandreporting 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 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. By December 31,2004, and thereafter, 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 d~fined in Chapter 62-302, F.A.C. 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 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 Bromo-dich10romethane 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 JlgIL of Bromo-dichloromethane on an annual average basis. The interim limit of 44.0 Jlg/L 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 ofBromo-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. This interim limit does not act as State of Florida Department of Environmental Protection wastewater permit OGC FILENo. 02-0511-52-DW PAGE 4 OF 13 CLEARWATER NORTHEAST A WWTP effluent limitation or modified Permit limitation, nor does it 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, or rules adopted thereunder, 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 submit copies of the DMRs to the Southwest Distric~ ofthe.Departm~nt, pUl'suant to paragraph 24 of this Consellt Order. t3.', Respondent may,appl~t~:hth~ pepaxtn,:lent fOf a}nixing zone, in ~ccordancewith Rule 62- 4.244vF.A.C., for Copper, Bromo-dichlorAm~th~e, apd chronic t~xicity for the effl~ent discharged into Old TampaBay. 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 conditions and limitations of the mixing zone, as approved by the Department, into the Permit. 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 complies 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 comply with the following: (a) Beginning no later than December 31, 2002, 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 montlt.there is:n~ ~ischarge . to Old Tampa Bay. No follow-up tests shall be required for the accelerated tests. Should there be no more than onefailure 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 OGCF1LENo.02-051I-52-DW PAGE 5 OF 13 CLEARWATER NORTHEAST A WWTP 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 ("TIEITRE"). To that end, within 60 days of completion of the second test demonstrating toxicity, Respondent shall submit to the Department a plan of study ("TIEITRE Plan") to attain compliance with the chronic toxicity limits. This TIEITRE plan and schedule shall be consistent with the procedures and protocols in Methods for Aquatic Toxicity Identification Evaluation - Phase I Toxicity CharacterizCl(ion Procedures (EP A/600/6-911003), Methods for Aquatic Toxicity Identification Evaluation - Pha;elrTb~icity idelltijication'Prb&llitres (EPAJ600/3-88/035), Methods for Aquatic Toxicityldentification Evaluation ~ phase III Toxicity Confirmation Procedures (EP A/600/3-88/036)and Toxicity Reduction Evaluation.Guidance ForMunicipatWClsteWater Treatment Plants (EPA 833-B-99-002). The latest published guidance from the Environmental ProtectionAgency, accepted by the Department, shall be used whenever possible. If there is a conflict between the most recent and older document or guidance, the most recent document or guidance will be used as the basis for TIEITRE implementation and determination of appropriate test conditions and range of the TIEfTRE.The TIEITRE Plan shall be implemented as soon as practical. The TIEfTREshallbe completed no later than one year from the date of submittal ofthe TIEffRE Plan. (c) The TIEfTRE shall be completed and compliance with the chronic toxicity limit shall be attained no later than one year from the date of submittal of the TIEfTRE as required in subparagraph 14(b). (d) Should Respondent receive a mixing zone for chronic toxicity prior to December 31, 2003, 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 TIEfTRE, then within 90 days after failing the.second chronic toxicity test after completion of the TIEITRE, Respondent shall submit an application to the Department to modify the Facility so that either the effluent will meet the chronic toxicity limits imposed by Rule 62-302, F .A.C., or there is no longer a discharge of effluent from the Facility to surface. waters; 'Respondent may also submifarequestto the Department for other administrative relief. The modification to the FaciHty shall be constructed, certified complete and put into service within one year of issuance of a Permit modification by the Departmertt Respondent shall ensure that the processJor administrative relief proceeds in a timely fashion. Requests for additional information made by the Department shall be answered within 60 days of the request. aGC FILENo. 02-0511-52-DW PAGE60F 13 CLEARWATER NORTHEAST A WWTP 15. 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. 16. 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, (l) notify the Departm~nt of such s~le6f;co1J.veyan:ce, (2)'provide the name and address of the purchaser, or operator, or person iJ1(;Ohtrol of the Facility,. and (3) provide a copy of this C<>nsent Qrderwith all attachments to the new owner. The sale or conveyallceofthe Facility, or the property upon which the Facility is located shall not relieve the Respondent of the obligations imposed in this Consent Order. 17. In any event, the Facility's effluent discharge to Old Tampa Bay shall comply with the Permitlimits for Copper, Bromo-dichloromethane and toxicity surface water quality standardsqy December 31,2004. 18. Within 90 days of the effective date of this Consent Order, Respondent shall eitherc()!llply with paragraph 19 of this Consent Order or pay the Department $34,250.00 in settlement of the matters addressed in this Consent Order. This amount includes $32,250.00 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: $29,250.00 for violati<>n of Rule 62-302.530, Florida Administrative Code, $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 of this Consent 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 pem.ade by cashier's check or money order. The instrument shall be made payable to the "Depllrtment o.f EnvirommmtiilProtection" and shall include thereon the aGC 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 $25,250.00 of the civil penalty amount. The OGC FILE No. 02-0511-52-DW PAGE70F13 CLEARWATER NORTHEAST A WWTP total value of the in-kind penalty project shall be at least one and one halftimes the civil penalty, which in this case is the equivalent of at least $37,875.00. To this end, Respondent shall: (a) Within 120 days of the effective date of this Consent Order, submit to the Department a proposalfor consideration as an in-kind project. The project must be 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 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 ofthis Consetit'Order,documenting the progress being made 011 the implementation of the project; (d) Place appropriate signs during the implementation of the projectindicating that Respondent's involvement with the project is the result ofa 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 ofthe 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 from the Department. Respondent shall submit supporting information verifying that the project was completed in 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 areless than $37 ,875.00, Respondentshall remit.paymentoftwo.,thirds of the difference to the DepartmentwithiIi45 days of the project completion; (g) Ifupon reView of the notification of completion, the Departmentdetennines 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. aGC FILE No. 02-0511-52-DW PAGE 8 OF 13 CLEARWATER NORTHEAST AWWTP 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 through 15, 17 through 19, and 22 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 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 tQthe"Department of Environmental Protection" by cashier's check or money order and shall include thereon the OGC number assigned tQ this. Consent Order and the notation "Ecosystem Management and Restoration Trust Fund." Paymentshall 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 suitto specifically enforce any terms ofthis 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 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 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 control. Upon occurrence of an event causing delay, or upon becoming aware ofa potential for delay, Respondents~al1 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 ofthe anticipated length and cause of the delay, theineasures taken or to be taken to prevent or minimize the defay 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 aGC FILE No. 02-0511-52-DW PAGE 9 OF 13 CLEARWATER NORTHEAST A WWTP 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. 22. 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 Orderaddresses allegedexceedances of water quality standards in the effluent discharged to Old Tampa Bay from the Clearwater Northeast Advanced Wa&tewater Treatment Plant located at 3290 State Road 580, 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, SouthwestDistrict,J804Coconut 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. 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 numberof 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; (d) A statement of the material facts disputed by petitioner, if any; ( 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 petiti<mer,. stating precisely the action petitioner wants the Department to take with respect to the Consent Order. Ifa petition is filed, theadmirtistrativehearingprocess is designed to formulate agency action. Accordingly, the Department's fmalacti()n may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Deparbnent 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 notice in the Office of General Counsel at the above address of the Department. Failure to petition within the aGC FILE No. 02-05/ /-52-DW PAGE 10 OF 13 CLEARWATER NORTHEAST A WWTP 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 to the proceeding (which include the Respondent, the Department, and any person who has filed a timely and sy,ffi9i~n.t1>etitionfor ahearing)and Qy:showj,n~ho\V the substantial interests of each mediating party are affecteclbytheConsent Order''fheagreett).~tmustbefiled in (received by) the Office of General Counsel of the Department at 3900 ComnlonwealthBoulevard; MS#35, Tallahassee, Florida 32399;"3000, within 10 days after the deadline~,~et fQrthabovefoJ;<~~ filjng; of a petition. The agreement to mediate ~ust 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, 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 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 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 within21 days of receipt of this notice. Ifmediation 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 . :electingremedies 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. OGCFILENo.02-05JJ-52-DW PAGE J J OF 13 CLEARWATER NORTHEAST A WWTP 24. 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. 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 there under 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 of this Consent Order shall constitute a violation ofSectiori 403.161(1)(b),F10rida 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 $10,000.00 per day per violation, and criminal penalties. 30. Entry ofthis Consent Order does not relieve Respondent or Department of the need to comply with applicable federal, state or local laws, regulations or ordinances. 31. No modifications of the terms of this Consent Order shall be effective until reduced to writing and executed by both Respondent and the Department. 32. Respondent acknowledges and waives its right to an administrative hearing afforded by Sections 120.569 and 120.57, Florida Statutes, on the terms of this Consent Order. Respondent acknowledges its right to appeal the terms of this Consent Order pursuant to Section 120.68, Florida Statutes, and waives that right upon sigtling this Consent Order. 33. This Consent Order is a final order of the Department pursuant to Section 120.52(7), Florida Statutes, and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida Statutes. Upon the timely filing of a petition this Consent Order will not be effective until further order of the Department. OGC FILENo. 02-0511-52-DW PAGE 12 OF 13 CLEARWATER NORTHEAST A WWTP DATE BRIAN ~UNGST, CITY OF CLEARW P.O. Box 4748 CLEARWATER, FL. 33758-4748 DATE :A TIESTED TO BY CITY CLERK CITY OF CLEARWATER DoNE AND ORDBRBD TID$V ~, 2002, IN TAMPA, FLORIDA. ~ STATE OF FLORIDA DEPARTMENT O~NTAL PROTECNON ~RAHA~ DIRECTOR OF DISTRICT MANAGEMENT SOUTHWEST DISTRICT 3804 COCONUT PALM DRIVE TAMPA, FL 33619-8318 FILING AND ACKNOWLEDGEMENT FILED, ON TIDS DATE, PURSUANT TO ~120.52 FLORIDA STATUTES, WITH THE DESIGNATED DEPARTMENT CLERK, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED. ~ DATE ~~ CL RK Attachment: Exhibit 1, Interim Discharge Monitoring Report Copies furnished to: Kathy Carter, FDEP OGC John Coates, FDEP WRM aGC FILENo. 02-05Jl-52-DW PAGE 13 OF 13 CLEARWATER NORTHEAST 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 PERMITTEE NAME: City of Clearwater Public Utilities Department MAILING ADDRESS: Andrew Neff, P.E., Director P.O. Box 4748 Clearwater, FL 33758-4748 Parameter ---- - - OGC FILE NO.: 02-0511~52~DW MONITORING PERIOD-From: THREE MONTH ROLLING ADF: LIMIT: Interim CLASS SIZE: Major FACILITY ID: FL0128937 DISCHARGE POINT NUMBER: DOOl PLANT SIZE/TREA TMENT TYPE: 1A Please read instructions before com leting this form. DMR Issued: To: % OF PERMlTI'ED CAPACITY REPORT: Monthly FACILITY: LOCATION: Clearwater Northeast A WWTP 3290 SR 580 Clearwater, FL 34695 PINELLAS COUNTY GROUP: DW WAFR SITE NO.: 37178 No Discharge From Site 0 COUNTY: PARM Code 80082 W Mon. Site No. EFD (14573) CBOD5. EFFLUENT Quantity or Loading Maximum Units Avera e Units Quality or Concentration Maximum No. Ex. Frequency of Analysis Sample Type FLOW (Dool) PARM Code 50050 Y Mon. Site No. FLOW-3 (37182) FLOW (Total Plant) PARM Code 50050 P Mon. Site No. FLOW-l (37180) CBOD5. EFFLUENT SlIIlple Meullremem ................. ............. mg/L CONTINUOUS CALC- REPORT ROLLING MONTHLY ANN A VG CONTINUOUS CALC- REPORT ROLLING MONTHLY 3 MO AVG DAILY, 24 HOUR FLOW PRO AVElWEEK COMPOS.. CALC- ROLLING ANN AVG. DAILY. 24 HOUR FLOW PRO AVEIWEEK COMPOS.. Permit Requirement . REPORT MoAvg ............. SlIIlple Measurement ............. ................. ............. PARM Code 80082 Y Mon. Site No. EFD (14573) TSS EFFLUENT PARM Code 00530 W Mon. Site No. EFD (14573) Y - Annual Average Result W - Effluent parameters for discharge to Grizzle-Figg waters. I certify under penalty of law that I have personally examined and am familiar with the inforrnationsubmitted 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 informationinc1udin the ssibili of fine and im risonment. NAMElTITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT (Tl'P"",Prin~ SIGNATURE OF PRINCIPAL EXECUTIVE OFACER 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 -1- Part A contm.ued MonthlYear Facility Name: Clearwater Northeast A WWTP Interim Limits Parameter TSS EFFLUENT PARM Code 00530 Y Mon. Site No. EFD (14573) NITROGEN, EFFLUENT Total as N PARM Code 00600 W Mon. Site No. EFD (14573) NrrROGEN,EFFLUENT Total as N PARM Code 00600 Y Mon. Site No. EFD (14573) Cm..ORINE. TOTAL RESIDUAL (For Disinfection) P ARM Code 50060 A Mon. Site No. EFA(37176) TSS EFFLUENT (For Disinfection) PARM Code 00530 B Mon. Site No. EFB (37175) CHLORINE, TOTAL RESIDUAL (For Dechlorination) PARM Code 50060 W Mon. Site No. EFD (14573) pH (For Discharge) PARM Code 00400 W Mon. Site No. EFD (14573) COLIFORM, FECAL PARM Code 31616 W Mon. Site No. EFD (14573) DISSOLVED OXYGEN PARM Code 00300 W Mon. Site No. EFD (14573) A vera~e ............. FacilitytDNo.: FL0128937 Discharge Point No: DOOl Please read instructions before comDletine this form. Quantity or Loading .... Maximum ................. Quality or Concentration . Units Maximum . ........... .................. ..................... Sample Measurement ...":.."i/.:.: ......,'. ,. ../:',. .........,.. ... ...,,, . ...... ..cc~'.". ..., ....,i .','.' "f ....,.,'.........,.. 1';,..,.:2"'\.-1:/' ,. .. ............. SamPl~ Measurement ..",.;.'i,...,.i..".'.; Sarriple Me8surement I....~~t;~~............. ............. Sample Measurement '.'.,.,.,.::.. r,,',.,. .."..c....:.,.' .... Sample Measurement ............. " ............. ~~~~I~riient ,:.._:.>i .......;. ..,- S~ple Mewtement <,~~~;;i' .........., . .; ,.. . [-c.....?'';:... ,':: ............. . S~le Measurement ..'~~r~k~l~t' ............. ............. Sample Measurement .~~.~~l .."..'/\ .... S~le Measurement ............. ;~~IRcqW~t Y - Annual Average Result W - Effluent parameters for discharge to Grizz1e-Figg waters. DEP Fonn 62-620.910(10), effective November 29, 1994 ................. ... . .:,.:.:.c'n...,. <.. .';.;,:.. "..... : ;'.................. .. .> .. ........... ~ ..... ...~ .Max?:'.. ................. ~.............. r'{;f~j..'.................. ................. :.."... ................. :.' ................. CALC- REPORT ROLLING I I MONTHLY ANN A VG.. REC. CONTINUOUS MONITOR & ... ANALYZER . DAILY, FIVElWEEK GRAB REC. CONTINUOUS MONITOR & ANALYZER REC. CONTINUOUS MONITOR & ANALYZER Units mg/L ...... . . ;;t~~~:;:!:I::~.r~;;J~rJ~~J~~~~';~~.0;:I;:,:;i).;.'i3..9::fif":':'!: ,. ... .'.: ,;:..,.... ...... ,..,..:: ,.:..:.:....,... _::;"..'.:,'......:;..: ...mglL.. . ........... ................. ................ ..:,....,..I:,:..:~S~t~:H., :><~;~.~. .... ....... . ;:~~F..:~,.)::i:;; .:..;. ... .... :... ........... .................. .................. . ..'.,.1'- ,.'" ,: ,.'..'.. .. '. .....' .......... . ,.:" . ."~".'c:.: C~~' c:' . ,.0'., : ... Mill ........... .................. .................. > I..,'::,..:. ...' ,..y. ,')','".;;. ... .:::,....."'....,....> ~~ ...'.:..... .. " .- 0,01 ..MlIll..... ................. ,:;~ ................. ................. ........... .................. 1 i.~:.;K:t;1:;{;\.1;~~;....;.;.....,... ~ ... ~ ,.,'i..:: :.."..' ...... .SU ... ..' . ........... ................. . mglL .. . mglL I I.... mglL .;,. n......cc-...... <}.Li. ;...:. ..... ....... .. #I100mL ~i;;, ............ . .;.i;~E:~.~~~~i. I.:.;ic ,.. ........... .................. ................. ...Le.... ~.&.~;;~.:.l:j~f~;I,;':i8:). --;- ~~,...: . ""1- :......,--.... . . .... .. ....1 mglL .... ......; ..,. -2- W AFR Site No. :37178 No. Ex. Frequency of Analysis Sample Type REPORT MONTHLY CALC- ROLLING ANN A VG.. :. ...... ... 'DAILY .. ..' .. .'. FIVEIWEEK 24 HOUR FLOW PRO COMPOS.. DAILY, F1VElWEEK GRAB DAILY; . . SEVEN/WEEK GRAB Part A continued MonthlYear Parameter BROMO-DICHLORO- METHANE PARM Code 32101 Y Mon. Site No. EFD (14573) COPPER,TOTAL RECOVERABLE PARM Code 01119 W Mon. Site No. EFD (14573) PARM Code Mon. Site No. PARM Code Mon. Site No. PARM Code Mon. Site No. PARM Code Mon. Site No. PARM Code 1 Mon. Site No. CBOD5, INFLUENT PARM Code 80082.0 Mon. Site No. INF (37173) TSS, INFLUENT PARM Code 00530-G Mon. Site No. INF (37173) Facility Name: Clearwater Northeast A WWTP Interim Limits Sample Measurement Pennlt Reqllirilment Sample Measurement Pemiit~~t' .,..;,.'; Sample Measurement Periiilt ReqIIi~t Sample Measurement Permlt~lrement ' Please read instructions Quantity or Loading Average Maximum Units Facility ID No..: FL0128937 Disch.~rgeP()mf No: DOOl beforecompletine: this form... .".. ... ..... ...... .. Quality or Concentration ..,.. Maximum ................... ............~.~..~. 44.0 .. .. ....'..: .,... ..... AnnulAvg, ... .. Report SingSamp, ................ ................. ............. ., ................ ................. . ............. .. ................... .................... .~'..~.....'.....<.~.....:-. .~;~'4i..:;._......,.'...':...; "i.>., '.';.,<"('; .,.,,',.,,' ,;, ....1..,:> 13.0 Max'. "'_o;.l'; ................ ................. ............. .' ..,.' ..............'..~ ............-..... :.::. .,.' ...~..'.....~'.:,-, ,'. :, ie, .. . ",;,i ....'... '.i: ...... ," .... ... .'.;;.:','., ~;,,'i,i.1.'...,',<'.,...... , . ,i, :., , ... . ....1 .'..' . .. , .. ., .,.. . ,. '. ... .. .. .......... , .,.. ....,... ..... Sample Measurement ~"i;\;!~i;;:;" "..~' "/,'" I. :,. . '.....: ..:>:,;'2:,)\\t:,:;;'.~~.~rZ'~"'.. c' ",;"," ,'<,:X~2,:(? ,.., Sample Measurement Pefmlt RequIrement Sample Measurement .':'>",L;, I, .,.... ,.... ..... ,..'.. "".;}':'::, :</.'/::~\',;, .......;.: .':., .......":,,.,:y< .'.'.' ,., .......... ...... .... ..., " ,.. ... .... ....., .:.. '.. .,.. ...,....... .... . . . ............. ................. ........... ................. .. .........-.........' ; ..........~.....~._, .:- ". .,. ....... PCrmlt~lremenl .' .'. ............. '."".' ,...'. ...... .. ... ."'..................... ........... .: ............,.,.,.CC,...' Sample Measurement [.,;. . ................. , ,.....'.........,., REPORT ..: ;,' .... Mo.\vg", ...,' ............. ................. ........... ................. .................. j$~,~_I}/:>..i: W - Effluent parameters for discharge to Grizzle-Figg waters. G - Influent Sample COMMENT AND EXPLANATIONOFANYVIOLATIONS (Reference all attachments here): Sample Measurement Peniili~i~~~l~:i I" "~":'-(, "',,,,-""'-"_"''''',1:-; : DEP Fonn 62-620.910(10). effective November 29, 1994 -3- Units 11g!L 11g!L . mg/L . .".'mg/L ,. WAFR Site No.:37178 No. Ex. Frequency of Analysis MONTHLY MONTHLY .... .. WEEKLY WEEKLY Sample Type GRAB 24 HOUR FLOW PRO COMPOS 24 HOUR FLOW PRO COMPOS 24 HOUR FLOW PRO . COMPOS DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONIT()RINGREPORT - 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 . PERMITTEE NAME: City of Clearwater Public Utilities Department OGC FILE NO.: 02-051l-52-DW DMR Issued: MAILING ADDRESS: Andrew Neff, P.E., Director MONITORING PERIOD..From: To: P.O. Box 4748 THREE MONTH ROLLING ADF: % OF PERMI'ITED CAPACITY Clearwater, FL 33758-4748 LIMIT: Interim REPORT: Toxicity CLASS SIZE: Major FACILITY ID: FL0128937 DISCHARGE POINT NUMBER: DOOl PLANT SIZE/TREATMENT TYPE: 1A Please read instructions beforecompletin this form. uanti or Loadin uali or Concentration Maximum Units Maximum COUNTY: Clearwater Northeast A WWTP 3290 SR580 Clearwater,FL 34695 PINELLAS COUNTY GROUP: DW WAFR SITE NO.: 37178 No Discharge From Site 0 FACILITY: LOCATION: Parameter Units No; Ex. Frequency of Analysis Sample Type CERIODAPHNIA DUBIA NOECSTATRE7DAYCHRON PARM Code TBP3B P Mon. Site No. EFD (14573) PIMEPHALES PROMELAS Sample NOEC STATRE 7DAY CHRON Measurement PARM Code TBP6C P Mon. Site No. EFD (14573) MONTHLY 24 HOUR FLOW PRO COMPOS ............. MONTHLY 24 HOUR FLOW PRO COMPOS Sample Measuri:ment ',- - "-' ,','" ,,' ,"--' .r~t~i~t....... Sample Measurement i'/'.<: _:'~: ,:i;~:.. :,>:,~ .'//::':' ',-".-' ",' ,::;~::.::" :: [~lJ{eqid.~IIIOIlI: . Sample Measurement ~ ':~.'< '-'r::: ,:"',-' ">':..": ,_/,,>:~, ::,::_:..' ':', ','; "':: ::' PeimilReciuirement Sample Measurement ';;~t~~t~t . If Toxicity reporting not required,enteI"NODI...9. P - Routine tests Q & R - Additional testing, if required. [ certify under penalty of law that I havepers()~llyexaminedand 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 includin the sibili of fine and im risonment. NAMElTITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT (I)poorPrinQ SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO. DATE (YY IMM/DD) ( ) 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; MAIL THIS REPORT TO: Department of Environmental Protection Wastewater Faciliti~sRegulati~nSection, Mail Station 3551 Twin Towers Office Building, 2600)3lair Stone Road, Tallahassee, Florida 32399-2400 PERMmEE NAME: City of Clearwater Public Utilities Department MAILING ADDRESS: Andrew Neff, P.E., Director P.O. Box 4748 Clearwater, FL 33758-4748 PARM Code 00530 B Mon. Site No. EFB (37175) P - 3 month roIling Average Daily F1owfiin"WWTP Y - Annual Ro1\ing Average Result I certify under penalty of law that I hav;pgl'SonallyelUllIlined and am familiar with the information submitted herein; and based on my inquiry of thoseindividullls inunediately responsible for obtaining the information. I believe the submitted information is true. accurate and corn. lete. . I am aware that there are si ificant enalties for submittin false information includinthe ssibili of fine and im risonment. NAMElTITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT (Typo o".riDt) 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 (37180) FLOW (ROO 1) PARM Code 50050 Y Mon. Site No. FLOW-2 (37181) CBOD,. EFFLUENT PARM Code 80082 A Mon. Site No. EFA (37176) CBOD,. EFFLUENT PARM Code 80082 Y Mon. Site No. EFA (37176) TSS EFFLUENT Clearwater Northeast A WWTP 3290 SRS80 Clearwater, FL 34695 PINELLASCOUNTY OGC FILE NO.: 02-051l-S2-DW MONITORING PERIOD--From: THREE MONTH ROLLINGADF: LIMIT: Interim CLASS SIZE: N/ A FACILITY ID: FLOl28937 DISCHARGE POINT NUMBER: ROOl PLANT SIZE/TREATMENT TYPE: lA Please read instructions before com letin this form. GROUP: DW WAFR SITE NO.: 37179 No Discharge From Site 0 DMR Issued: To: % OF PERMITTED CAPACITY REPORT: Monthly ------ - Units Frequency of Analysis Sample Type Quantity or Loading Quality or Concentration Maximum No. Ex. Avera e Maximum Units Sample Meuu"""""t .................. ................... .................. .............. . r:-.;.::~,:.:...c:'.<, ;;)C'r~~~ . Rollin Av , -~.'.'~~.'.....-.~......-':' ,<......;~.'~'.~~'.~_.;.. .............. CONTINUOUS CALC- REPORT ROWNG MONTHLY 3 MO A VG CONTINUOUS CALC REPORT ROLUNG MONTHLY ANN A VG 24 HOUR WEEKLY FLOW PRO COMPOS.. REPORT CALC- MONTHLY ROLLING ANN A VG. . 'REPoRT.' ,MoAvg' ~IRequIreme.u GRAB Sample Meuumnent .,~PetmJ...,i.t.~r_:. REPORT " ',.;'MoAYg. ................... .................. .............. ....*:......... ; PermlfRequimnent . mg/L Sample Measurement .'t~;~ir#mii~ Sample Meuurement t"~;~I~' .................. .~,-~.~~~~~~..~~~~}.;,~:; ; DAILY, 7 PER WEEK '..........~-!~~.~.- DATE (YY/MMIDD) COMMENT AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here): (Attach additional sheets if necessary.) DEP Form 62~20.910(10), effective November 29. 1994 -5- Part A continued MonthlY ear Facility Name: Clearwater Northeast A WWTP Interim Limits Parameter COLIFORM, FECAL PARM Code 31616 A Mon. Site .No. EFA (37176) CHLORINE. TOTAL RESIDUAL PARM Code 50060 A Mon. Site No. EFA (37176) pH PARM Code 00400 A Mon. Site No. EFA (37176) TURBIDITY PARM Code 82078 B Mon. Site No. EFB (37175) CBOD" INFLUENT PARM Code 80082 G Mon. Site No. INF (37173) TSS, INFLUENT PARM Code 00530 G Mon. Site No. INF (37173) PARM Code 1 Mon. Site No. .. PARM Code 1 Mon. Site No. PARM Code 1 Mon. Site No. Saniple Measurement }.~t~~rit Facility IDNo.: FL0128937 Discharge Point No: ROOl .' Please read instructions before comDletinlZ this form. Quantity or Loading A vera2e Units Maximum .............. .................. ............ Quality or Concentration Maximum . Units .............. .................. ............ . ........ .'" '",;'.. ~.,.~~ ........'... ;..' ',. .............. .................. ............ Sample measurement PCnnltReqUl~t, I,,: ......, .,.,.'........ DEP Fonn 62-620.910(10). effective November 29. 1994 Saniple Measurement .... PennltRequhi,menl Sample Measurement ,. .,..<c';,.., ....., ...'>i' .................. ..... I...'.~.:.,.........,.,......;...,s~;~;;,,)..? IT";".M~ ,.......'.. ... . ...... #/]OOmL ................... ................ ;'~~~jWi~,:;;r~~lil.i.,. ,..' .\. ,.:..>.'. :;: ....... .... -,~-:,.::.,--..:-:>.- :'< .': "'---:--::;: ":<:':"';, '.'.~;-:,""..~.... ..,*.: .,~..,...-~:~~..._.... ,'..,......".,..... ..,... , ...... mg/L ................... ill ';f;;:;W}~1~~t '~0~~< .'.".. ......'8;;>. ...1 .' SU '~.> Daily},f""> ....,... ... .............. .................. ............ .................. ................... , I. REPORT DallyMa" I .. ... .'.. .. ..... ..... ..... .......,.. ... .,. ....'.. . .............. .....'............. ..-.......... .................. .................... ..... . .. .... . ..," .....' .... .............. .................. ............ .. NTU ................. ............... . I,. ................ mglL . . ............... '......'; .... .. .. . mglL ... I> .. .............. .................. ............ .P1lIm;iR~lre~enl ..~~~~.~.~~.~..;,....................,........: ...~~~..~~~'..~..~,~. ... <~. ~.. ...:. g.T. .-,:~-,~. ..... .... .. .. ...' ,'. .....,' I..,'",.. "..." ...... .. ...... Slll!IPle Melsurement ~~1.;;1~;;:,. .... . Sample Measurement ~t~ileIrieirt............ .. I...... .,'... .. ./ ..t Sample Measurement '...,...,.:.,','......., ."..... .:pemiltReqUire')'enl. ...' "',",:.'i."',.,.",.,, ., ................. ;. ~ ' ....,. ..... ....,. I;,'>' MOAVg>. ~ .. .,:....:1;........'. .;.,....... i.... '......b\ . ............... .. .. Sample Measurement . Peimlt Requirement ~ -- .' ~,,,:.........,,.I'<'.' ..... '.:;;:~.\tf:{~i..,. I. .. . .. ,~ I .'.' I..:.: .... . . ..... ... .. .....:......... " ..... '" ... ..,..."',:,, . , G - Influent Sample COMMENT AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here): -6- WAFR Site No.:37179 No. Ex. Frequency of Analysis Saniple Measun:ment . ..... "i ~ p;;~~iteQ1I~1 ...... .... .:......... ..............1...... ..' .; I.".~';,;,' DAILY, 7 PER WEEK CONTINUOUS . CONTINUOUS CONTINUOUS WEEKLY . WEEKLY Sample Type GRAB REC. MONITOR & ANAL. REC. MONITOR & ANAL REC, MONITOR & ANAL 24 HOUR FLOW PRO COMPOS 24 HOUR FLOW PRO COMPOS .... DAILY SAMPLE RESULTS - PART B Facility ID: MonthlYear: FL0128937 Daa 1 (page Ion) Clearwater Northeast A WWfP Three-month Average Daily Flow: Daily Flow % of Permitted Capacity: Flow Flow CBOD, TSS Nitrogen TRC TSS TRC Fecal pH pH Dissolved (mgd) (mgd) (mglL) (mg/L) asN (mglL) (mglL) (mg/L) Coliform Min Max Oxygen 0001. Plant (mglL) Disinfect. Disinfect. De-Chlor. (#/loom!) (std units) (std units) (mg/L) PARM 50050 50050 80082 00530 00600 50060 00530 50060 31616 00400 00400 00300 Mon. Site FLOW-3 FLOW-l EFD EFD EFD EFA EFB EFD EFD EFD EFD EFD 37182 37180 14573 14573 14573 37176 37175 14573 14573 14573 14573 14573 1 2 1'. 3 , , ... .. ..... ....:.. .' >4 . .'.,. . .' 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 i.. , ... , 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 62-620.910(10). Effective November 29. 1994 -7- DAILY SAMPLE RESULTS - PART B Facility ID: Month/Year: FL0128937 DOO 1 (Page 2 of 2) Clearwater Northeast A WWTP Three-month Average Daily Flow: Daily Flow % of Permitted Capacity: Dichloro- Copper, CBOD, TSS bromo- Total (mg/L) (mglL) methane Recoverable Influent Influent (J.Ig/L) (J.Ig/L) B 32101 01119 80082 00530 Mon. Site EFD EFD INF INF 14573 14573 37111 37111 1 . 2 .'. . .... 3 . '........ ....., ,.. i ...... ,. ,.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: Attacb additional sheets if necessary to list a1lcertified operators. If yes, cumulative days of wet weather DEP Form 62-620.910(10). Effective November 29, 1994 -8- DAILY SAMPLE RESULTS - PART B Facility ID: MonthlYear: FL0128937 ROOl Clearwater Northeast A WWTP 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) (mglL) Coliform Max Min disinfect.) (NTU) (mg/L) (mg/L) (Plant) (Reuse) Bacteria (std units) (std units) (mg/L) (#/100 mL) Influent Influent PARM 50050 50050 80082 00530 31616 00400 00400 50060 82078 80082 00530 Mon. Site FLOW-l FLOW-2 EFA EFB EFA EFA EFA EFA EFB INF INF 37180 37181 37176 37175 37176 37176 37176 37176 37175 37173 371173 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 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. DEP Fonn 62-620.910(10), Effective November 29, 1994 Certificate Certificate Certificate Certificate PLANT STAFFING: Class: Class: Class: Class: Name: Name: Name: Name: 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 and/or electronic copies of the required parts of the DMR were provided with the permit. All required information sha1\ be typed or printed in ink. In addition to fi1\ing in numerical results on various parts of the DMR, the foUowing 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. Dry Well Flood disaster. Insufficient flow for sampling. Lost sample. Monitorin not r riod since limit is conditional. CODE NOD OPS OTH SEF TNTC DESCRIPTIONIINSTRUCTIONS 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 numerollstoo 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 foUowing instructions and OOde should be used: CODE < DESCRIPTION/INSTRUCTIONS If the sampled value is less than the method detection limit (MOL), enter a less than sign foUowed by the laboratory's MOL 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 L, the value of 0.001 should be 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. Pacility 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 entirt~ 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., int1uent 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 (i.e. the month, the quarter, the year, etc.) during which the data on this report were collected and analyzed. Three Month Rolling ADF as a IJ(, of Permitted 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 fi1\ing in sample measurements in the table, check to see that the data coUected correspond to the limit indicated on the DMR (i.e. interim or fmal) 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 areasin 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. 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 orAny VioIations:Use this area to explain anyexceedances, any upset or by-pass events, or other items which require explanation. Ifmore space is needed, reference all attachments in this area. -10- ART B. DAILY SAMPLE RESULTS [onthIYear: Enter the month and year during which the data on this report were collected and analyzed. hree-month Average Dally Flow: Calculate and enter the three-month average daily flow to the treatment facility. rMADFlPermitted 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. lally 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 Stafrmg: List the name, certificate number, and class of all state certified operators operating the facility during the monitoring period. Use additional sheets as necessary. 'ype of Emuent Disposal or Reclaimed Water Reuse: Enter the type of effluent disposal or reclaimed water reuse (e.g. surface water discharge. oceanoutfa1l, slow rate land application-public access, slow rate land pplication-restricted public access, rapid rate land application, absorption field, underground injection). .imited Wet Weather Discharge Activated: Jfthis 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 ischarge during the reporting month, check.'Yes' and attach PART C - LIMITED WET WEATHER DISCHARGE. 'ART C - LIMITED WET WEATHJl:RDISCHARGE :'his part is to be completed andsubmittCdeacllmonth reclaimed water or effluent is discharged by a limited wet weather discharge permitted underRule62-610..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. \1onthlYear: Enter the month and year during. which the data on this report were coUected and analyzed. ~alllnformation: Enter the name and location of the rainfall gauging station, the source of climatological (norma1.rainfall) data, the cumulativerainfal(for the average rainfall year, and the cumulative rainfall to date for his calendar year. The cumulative rainfa1\ 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 :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 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. 3allons Discharged: Enter the quantity in millions of gallons ofreclaimed water discharged during the period shownin 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 measurements; one made at the start and one made atthe end of the discharge period. Measurements are to be made atthe upstream gauging station described in the permit. Stream Dilution Factor: Enter the actualstreaIn 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 CBOD, 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, 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. Date Sample Obtained: Enter the date the. sample was taken. Also, check whether or not the well was purged before sampling. Sampling Methods: Indicate 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 unfI1tered (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.:rol, F.A.C., or from other sources. Analysis ResultlUnits: 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. Detection LimitslUnits: 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"