AMENDMENT TO CONSENT ORDER OGC NO. 02-0511-53-DW
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BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION,
Complainant,
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MAR 2 9 2004
IN THE OFFICE OF THE
SOUTHWEST DISTRICT
OGe File No. 02-0511-52-DW
vs.
CITY OF CLEARWATER,
Respondent.
AMENDMENT TO CONSENT ORD
Southwest District Tampa
Pursuant to a request by the City of Clearwater ("Respondent") to amend this Consent Order
to provide additional time to complete certain tasks in the Consent Order, the State of Florida Depart-
ment of Environmental Protection ("Department") finds that the request is made in good faith and is
reasonable. Specifically, paragraphs 10, 11 and 17 required Respondent to either reduce or eliminate
Bromo-dichloromethane through reduction of the sources of Bromo-dichloromethane or by treatment
so that the Facility effluent is in compliance with the water quality standard for Bromo-
dichloromethane, as defined in Chapter 62-302, F.A.C. Respondent is in compliance with the interim
effluent limit for Bromo-dichloromethane, but has requested an extension of time for the interim
Bromo-dichloromethane limit in order to achieve the final Bromo-dichloromethane limit, as required
by Permit No. FL0128937. Additionally, paragraph 19 allowed Respondent to implement an in-kind
penalty project for up to $37,875.00, in lieu of making cash payment of the civil penalties set forth
therein. Respondent will not complete the in-kind penalty project within the prescribed timeframe,
due in part to delays in project conceptualization. The Department has agreed to revise and extend
both timeframes.
IT IS THEREFORE ORDERED that the following paragraphs of Consent Order 02-0511-52-
DW originally entered into this matter on December 9,2002 be changed to read as follows:
10. Respondent shall reduce Bromo-dichloromethane through reduction of the sources of
Bromo-dichloromethane or by treatment so that the Facility's effluent is in compliance with the water
quality standards for Bromo-dichloromethane as defined in Chapter 62-302, F.A.c., by December 31,
2005. Respondent shall take whatever corrective actions are necessary to accomplish the reduction of
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Bromo-dichloromethane in the Facility's effluent. However, if a permit revision or additional De-
partment 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 Depart-
ment requests for additional information so as to be in compliance with the water quality standards for
Bromo-dichloromethane by December 31, 2005.
11. During the pendency of this Consent Order, the Facility's effluent discharged to Old
Tampa Bay shall not contain more than 44.0 J.lg/L of Bromo-dichloromethane on an annual average
basis. The interim limit of 44.0 J.lg/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, 2005. 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 Bromo-dichloromethane shall be in accordance with the permit,
except that results obtained prior to the effective date of the interim limit shall not be used to calculate
the annual average values. These interim limits do not act as State of Florida Department of Environ-
mental 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 Or-
der.
17. In any event, the Facility's effluent discharge to Old Tampa Bay shall be in compli-
ance with the permit limits for Copper, Bromo-dichloromethane and toxicity surface water quality
standards by December 31,2005.
19. In lieu of making cash payment of the civil penalties set forth in paragraph 18, Re-
spondent may implement an in-kind penalty project with a value of up to $25,250.00 of the civil pen-
alty amount. The total value of the in-kind penalty project shall be at least one and one half times the
civil penalty, which in this case is the equivalent of at least $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 proposal for 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 976 days from Department approval of the project;
(c) Provide the Department with status reports in conjunction with the report required in
OGC File No. 02-0511-41-DW
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Clearwater Northeast A WWTF
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paragraph 15 of this Consent Order, documenting the progress being made on the implementation of
the project;
(d) Place appropriate signs during the implementation of the project indicating that Re-
spondent's involvement with the project is the result of a Department enforcement action. Respondent
may remove the signs after the project has been completed. However, after the project has been com-
pleted Respondent shall not post any signs at the site indicating that the reason for the project was any-
thing 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 documenta-
tion required by this Consent Order to the Department, fails to complete implementation of the in-kind
project or otherwise fails to comply with any provision of this paragraph. The unencumbered balance
of the civil penalty, as set forth in paragraph 18, shall be due from Respondent to the Department
within 45 days of notice;
(f) Notify the Department within 30 days of completing the project, of the project com-
pletion and request a verification letter from the Department. Respondent shall. submit supporting in-
formation 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 are less than $36;750.00, Respondent shall remit payment of two-thirds of
the difference to the Department within 45 days of the project completion;
(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 defi-
ciencies. Otherwise, the Department shall provide a letter to Respondent acknowledging completion
of the project.
Persons who are not parties to this Amendment to Consent Order, but whose substantial inter-
ests are affected by this Amendment to Consent Order, have a right, pursuant to Sections 120.569 and
120.57, Florida Statutes, to petition for an administrative hearing on it. The Petition must contain the
information set forth below and must be filed (received) at the Department's Office of General Coun-
sel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of re-
ceipt of this notice. A copy of the Petition must also be mailed at the time of filing to the District Of-
fice named above at the address indicated. Failure to file a petition within the 21 days constitutes a
OGC File No. 02-051l-4I-DW
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Clearwater Northeast A WWTF
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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 Amendment to
Consent Order identification number 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 Amendment to Consent Or-
der;
(c) A statement of how each petitioner's substantial interests are affected by the Amendment to Con-
sent 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 Amendment
to Consent Order;
(t) A statement of which rules or statutes petitioner contends require reversal or modification of the
Amendment to Consent Order;
(g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the De-
partment to take with respect to the Amendment to 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 No-
tice. Persons whose substantial interests will be affected by any decision of the Department with re-
gard to the subject Amendment to 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 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 presid-
ing officer upon motion filed pursuant to Rule 28-106.205, Florida Administrative Code.
A person whose substantial interests are affected by the Amendment to Consent Order may
file a timely petition for an administrative hearing under Sections 120.569 and 120.57, Florida Stat-
utes, or may choose to pursue mediation as an alternative remedy under Section 120.573, Florida Stat-
utes, 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
OGe File No. 02-0511-41-DW
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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 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, Talla-
hassee, Florida 32399-3000, within 10 days after the deadline as set forth above for the filing of a peti-
tion.
The agreement to mediate must include the following:
(a) The names, addresses, and telephone numbers of any persons who may attend the mediation;
(b) The name, address, and telephone number of the mediator selected by the parties, or a provision
for selecting a mediator within a specified time;
(c) The agreed allocation of the costs and fees associated with the mediation;
(d) The agreement of the parties on the confidentiality of discussions and documents introduced dur-
ing 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;
(t) The name of each party's representative who shall have authority to settle or recommend settle-
ment;
(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 medi-
ate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, for re-
questing and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation
must be concluded within sixty days of the execution of the agreement. If mediation results in settle-
ment of the administrative dispute, the Department must enter a final order incorporating the agree-
ment of the parties. Persons whose substantial interests will be affected by such a modified final deci-
sion 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 within 21 days of receipt of
this notice. If mediation terminates without settlement of the dispute, the Department shall notify all
parties in writing that the administrative hearing processes under Sections 120.569 and 120.57, Florida
Statutes, remain available for disposition of the dispute, and the notice will specify the deadlines that
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Clearwater Northeast A WWTP
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then will apply for challenging the agency action and electing remedies under those two statutes.
This Amendment to Consent Order is final agency action of the Department pursuant to Sec-
tion 120.69, Florida Statutes, and it is final and effective on the date filed with the Clerk of the De-
partment unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida
Statutes. Upon the timely filing of a petition this Amendment to Consent Order will not be effective
until further order of the Department.
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For Respondent:
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William B. Home II, City Manager
City of CI ter
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'Br ~ . ungs yor 0
0'City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
Approved as to Fo
Leslie -K. Douga -Sides
Assistant City Attorney
DONE AND ORDERED this ~ day of ~ ' 2004 in Tampa, Florida.
State of Florida Department
of Environmental Protection
FILING AND ACKNOWLEDGEMENT
FILED, on this date, pursuant to ~120.52 Florida Statutes, with the designated Department Clerk, re-
ceipt of which is hereby acknowledged.
tf-ILf~9'-
;d-tL-~U/~~1I! ~~
Clerk
Date
OGC File No. 02-0511-41-DW
Page 6 of 6
Clearwater Northeast A WWTF
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Southwest District
3804 Coconut Palm Drive
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Colleen M. Castille
Secretary
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Jeb Bush
Governor
April 14, 2004
CERTIFIED MAn.. 7099 3400 0001 9757 4988
RETURN RECEIPT REQUESTED
Mr. Andrew M. Neff, P.E., Public Utilities Director
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
Re: Amendment to Consent Order
OGe File No. 02-0511-52-DW
Clearwater Northeast A WWTF
Facility In No. FL0128937
Pinellas County
Dear Mr. Neff:
Enclosed is an executed copy of the Amendment to Consent Order, OGC File No. 02-0511-52-
DW, regarding the above-referenced facility. The effective date of the Consent Order is April
14, 2004.
Should you have any questions, please contact Michele Duggan at (813) 744-6100, extension
335, or e-mail: michele.duggan@dep.state.fl.us.
Sincerely,
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Thomas Gucciardo
Environmental Manager
Domestic Wastewater Section
TG/mdd
Enclosure
"More Protection, Less Process"
Printed on recycled paper,