PROPOSED SETTLEMENT FOR THE CITY OF CLEARWATER FACILITIES (12 FACILITIES) - OGC FILE NO. 09-0985Charlie C Governor
Florida Department of Governor
Environmental Protection JeffKottkamp
Lt- Governor
Southwest District Office
13051 North Telecom Parkway Michael W. Sole
Temple Terrace, Florida 33637-0926 Secretary
July 28, 2009
Mayor Frank Hibbard
Office of the Mayor
City of Clearwater
Post Office Box 4748
Clearwater, FL 33758-4748
Re: Executed Short Form Consent Order
-....__._ ... ----- -
12 Facilities
OGC File No.: 09-0985
Dear Mayor Frank Hibbard:
Enclosed please find the executed Consent Order #09-0985
regarding the above-referenced facility. Please be aware that
your intent to pursue either an In Kind Project or Pollution
Prevention Project must be noticed to the Department within the
next 30 days (or by August 27, 2009), the Project Proposal must
be submitted within 60 days (or by September 26, 2009) and the
Project must be completed no later than July 1, 2010.
Should you have any questions, please direct them to Leslie
Pedigo of the District's Waste Management Division at (813)
632-7600, extension 427.
Sincere
X./
D i s t r ict. Di'
Southwest Distri
DAG/lp
Enclosure
CC: FDEP/OGC
Ernest Roggelin, Pinellas County Health Department
'More Protection, Less Process"
ivivw: &e )_ state. IT us
Received Florida Department of JUN 082009 Charlie Crist
Environmental Protection City Attorney IeffKottkanip
1.t. Governor
Southwest District Office
13051 North Telecom Parkway Michael W. Sole
Temple Terrace, Florida 33637-0926 Secretary
June 4, 2009
CERTIFIED MAIL 7008'-3230 0002 7195 5857 To Council
RETURN RECEIPT REQUESTED Press, Clerk
'JUN 0 8 2009
Mayor Frank Hibbard
Office of the Mayor Manager
City of Clearwater Attorney
Post Office Box 4748 _
Clearwater, FL 33758-4748
SUBJECT: Proposed Settlement for the City of Clearwater facilities (12 facilities)
OGC File No.: 09-0985
Dear Mayor Hibbard:
The purpose of this letter is to complete the resolution of the matter previously identified
by the Department in the Warning Letter, dated August 6, 2008, a copy of which is attached.
Corrective actions required to bring your facilities into compliance have been performed. The
Department finds that you are in violation of the rules and statutes cited in the attached Warning
Letter. In order to resolve the matters identified in the attached Warning Letter, you are assessed
civil penalties in the amount of $96,080.00, along with $6,000.00 to reimburse the Department
costs, for a total of $102,080.00.
The civil penalties are apportioned as documented in the attached spreadsheet.
The Department acknowledges that the payment of these civil penalties by you does not
constitute an admission of liability. All payments must be made payable to the Department of
Environmental Protection by cashier's check or money order and shall include the OGC File
Number assigned above and the notation "Ecosystems Management and Restoration Trust Fund."
Payment shall be sent to the Department of Environmental Protection, 13051 North Telecom
Parkway, Temple Terrace, Florida 33637-0926.
Payment of the Departmental costs of $6,000.00 is due within 30 days of your signing
this letter. Payment of the remaining $96,080.00 is due within 90 days of the effective date of
this Order.
If the City of Clearwater wishes to pursue an In Kind Project or Pollution Prevention
Project in lieu of full monetary payment of the penalty, such intent must be noticed to the
"Afore Protection, Less Pro(ess'
14TV"' dq).state. fl. U.5
City of Clearwater
OGC File No.: 09-0985
Department within 30 days of the effective date of this Order and a Project Proposal must be
submitted for Departmental review within 60 days of the effective date of this Order. The
Department will timely review any submitted project proposal and request any needed revision
prior to project approval and initiation. Please note the following guidelines for any project
undertaken to satisfy the terms of this Order:
a) The project must be completed no later than July 1, 2010.
b) Project costs for an In Kind Project must be a minimum of $144,120.00
c) Project costs for a Pollution Prevention Project must be a minimum of $96,080.00.
d) The Project must not be a previously-budgeted County project.
Your signing this letter constitutes your acceptance of the Department's offer to resolve
this matter on these terms. If you elect to sign this letter, please return it to the Department at the
address indicated above. The Department will then countersign the letter and file it with the
Clerk of the Department. When the signed letter is filed with the Clerk, the letter shall constitute
final agency action of the Department which shall be enforceable pursuant to Sections 120.69
and 403.121, Florida Statutes.
If you do not sign and return this letter to the Department at the District address by July 1,
2009, the Department will assume that you are not interested in settling this matter on the above
described terms, and will proceed accordingly. None of your rights or substantial interests are
determined by this letter unless you sign it and it is filed with the Department Clerk.
Sincerely ,
Borah A. Get?off
District Director C
Southwest District
FOR THE RESPONDENT:
L MAYOR FRANK HIBBARD, ON BEHALF OF THE CITY OF CLEARWATER,
HERESY ACCEPT THE TERMS OF THE SETTLEMENT OFFER IDENTIFIED
ABOVE.
By:
Date:
Signature Page for
Proposed Settlement for the City of Clearwater facilities (12 facilities)
Between the City of Clearwater and FDEP
OGC File No.: 09-0985
Countersigned:
f
1, /w
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Doug - ides
Assistant City A ney
CITY OF CLEARWATER, FLORIDA
- BY:
William B. Horne II
City Manager
Attest:
Cyn a E. Goudeau
City erk
City of Clearwater
OGC File No.: 09-0985
FOR DEPARTMENT USE ONLY
DONE AND ENTERED this day of , 2009.
T T4OFLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Deborah A. Getzoff
District Director
Southwest District.
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to
§ 120.52, Florida Statutes,
With the designated Department
Clerk, receipt of which is hereby
Acknowledged.
Clerk Date
Attachments
Copies furnished to:
Ernest Roggelin, Pinellas County Health Department
Office of General Counsel, Department of Environmental Protection
City of Clearwater
OGC File No.: 09-0985
NOTICE OF RIGHTS
Persons who are not parties to this Consent Order but whose substantial interests are
affected by this Consent Order have a right, pursuant to Section 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 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 number of each petitioner; the Department's 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 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 the petitioner, if any; (e) A statement of facts which the 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; (g) A statement of the
relief sought by petitioner, stating precisely the action petitioner wants the Department to take
with respect to the Consent Order.
If a petition is filed, the administrative hearing process is designed to formulate agency
action. Accordingly, the Department's final action may be different from the position taken by it
in this Notice. Persons whose substantial interests will be affected by any decision of the
Department with regard to the subject Consent Order have the right to petition to become a party
to the proceeding. The petition must conform to the requirements specified above and be filed
(received) within 21 days of receipt of this 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 presiding officer upon motion filed pursuant to Rule 28-106.205,
Florida Administrative Code.
Mediation under Section 120.573, Florida Statutes, is not available in this proceeding.
fA
CD 4A to
PJ Oi
co (D C) CD
O Cl)
O O O
Q O O
<n cb to lP to c to 0*
m co
co
ag o
rn_
0
4 4
C) 0
0) 0 CD
a
o
0 -4 d
O
C3 Q
W 'P
b
C,?
w N
-4 N 4
CC) •
co
w w
co r)
? 0
?4
f4D 0)i
co
coco
,A
-4
N
co
A
Cn OD
N
T n W Q o o M "n w z %
A t p ?. (
Q 0) N
8 G N
' (D
fl
6 ro
Ci
4 •
=r
_
r_
•.^
V
! 2 C .?-.. = w
m
E C
ro T
j O
y .
? # y N
? fp <
' O
O N
? ( C1
? j ? C
7
a ? CD
:r T
ro p1 ?
m ?
(
ro a OD n 0.
m
x Z
m a
c ro co w
y Q.
n
y1 A N Qy1 d H N w W ?• 4 0 m ?' 0 A N Oy1 N P Q~i
O
cl, N N O w N Q C Q to N N N Z1 0 !
4 d C y N y N w N c)
4 C p Cn
b a cn
m Q N N m
O T O
' O O
t O O
[S {QO O
a d O Cl q
G1 0 O p
Q a O O
ID
a 0 ° s C O O
a
Q O O
O O
a O Q
O O
b
O O C O
s
4.-. O
D s
Sv
~ O
w (h O? O 4
O -n ?. O r W O N O
?. y A a a N O
D ^ ^ O 0 Q Y C
O
C O L Co.
O
.
,? W m
CS
N
7 0 O
O
Q O -l
c7i :5.
W d O
7 O D O
?'wO [- O .OwC C C, TC NO .. C
-
o G -w O
a
o
a C ?1S
o"
o
;7n o na' ?o 0 o ao cm, i
n m ?
Y n a
n? ro W :t 0
O
n?
O
o
p
o- O
c7 O O 0 0 O
4 7 O O
7 O
C
y 7" O 7f7
. .. -
" a)
O 7 m O 7= 7
N Y ?. 7 y - - Q T ;0
a {
A
3 N N
.y EL O_ -On
W
y
C
CL r- O
N ;o
C c °
a X
O O N c
O
N
CD
7 F
b.1
W T ID N
W O ro m
N N N ro
O N W
N N W° O ro
N C) N 4 Qi
N fD p ro
to ro y fb
yr 6 O
N to Q a CD
N 0 0,
~ O! C)
O m to
2 0 Oy T
S N 4 V
CD v N N
4 !
° N b Q CS "?• N
O W "^^' b y N N y
2. " C. A T Q N T i
w N Q+ A °
O"
C
N T `.A
Q N CD
C V ?. N
d ?
C
A ti, O O
n T y
.?. N
°! 07
O N
TI O d y
°? C N O ° "
p
.r Can
p a T
C) a N Q
s
°
°
'
W
"
cl ams 4 C
pv
Py o
? ._.
Si ? F
C O a
° c
C?cf AY Q o
z-
?T? X
O
O0w ? w a C1? r' y ?= o
a °:' M? 3 yiw v 3?
1 ?.a
0- C.
0 a T a Q W O_ W- T b N M
6% N n
, -n
,.
-
0 W
40
w
o
T
-. `
T
O
C -4m a T
a
?,•`n
a?Tl n
n
O
An7 fq
0r <D
T
NQn
a
0
n
c,40-?n
'J N b
N_-
C? a
O (D O O 1 ro N n
d O W 0 ?? ? o0
Y O
O N fA C O
'
d C7 N- d
b O C
V (7
/D N T Q
O O
N C> -
N N 7 •.
C°
0 h
S
7 N .,a 7
Q (7)CL
cy) 0 O
N A N N °
?
y d T N Ci
t
) b
O
' O y 3
s 0
f71
C, T
0. --' W 4
0 T N
y •'w
-
-1 X 1
p
W ;,
N A O,
y y C
Q
C 40
s T -4 N
0
.Z1 ='' ^
O
N
G N
y N Q
N C. N cr) O
CD y N C"
0 N .^N_. rbj O p j V
O -4 Q
?.
..
T ?•'
n Q O co
K) OD
2 p O p?
CD
R N s O y
a, N .mow b s y
N
y p' O ?.
0
O c
O a M
b co O
CD
O ..
O pN
f
W
N n C
O
y L
O y
S7D w N 7
-'
? j T
?•
°
-•?
Q°
O
O
v C +
?
10
Ovi y ?S O } a -- O Q N O s
y Q? "' ? Al ? s T O? O
•
7n
C -n
? rn
? lu
n
o rn ? O
' " T -n r? -n 0 ? wl
D
n -n j
°
+ a n ?' f
?N--
o as = a ?-•^' aaN-? n
O °;
n T ro 7 d1
? (D
4m
-n ?
-4 o a No
C" M
W Ch O
y 7 7n
'y N
A° a
N j fD
-O -4
d C
•7i
" J p N O N fl- n N A) O M P
- CD s T w 44
V (D
N
° ° jrn n w FO
rn C)
.
CD 4f s N e O s
?ao -4 O
CD rn p' "'sN N °Q
.n Q. N N N C O n .Qa, y p v N
w.. a
O C,
a -.4
v N { Fy o
3 7n
> L
C
QD d
C 1 . A p
Al
o a
a v
7
~
C? C
D -
i
?s m ?
O
0 ?, N n y p Q c t
p T ,
? 0 .
^n
CD
T o n?
a d
W O
m
, N 7
rna
O n
n?
CL
0) 0
m N
-n <
N °
a
c?
N-? - . - _W co - a
07
O '
51 a W n .wr. ro p N N
O N d
O _
7
N
O
7 4
T
7
m
y
!A
to
4A
40
iA
N
6a
W
s'
N
Q
N
d
<n
W
b Z
ro
3
:-4
N N
Ln
C W
W
1 O O
CD
A C"
O
O
4 CD
4
O _
O1 w
Qi -4
N
ro
R
O Q O Q O Q O O O Q O O
d
d O
4 CS
O O
4 O
O 4
Q Q
O O
C) d
O O
4 C]
O O
O
n
l<
0
C7
CD
v
CD