SECOND AMENDMENT TO CONSENT ORDER - OGC FILE NO 10-2683 BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT } IN THE OFFICE OF THE
OF ENVIRONMENTAL PROTECTION } SOUTHWEST DISTRICT
}
vs. } OGC FILE NO. 10-2683
}
CITY OF CLEARWATER )
}
SECOND AMENDMENT TO CONSENT ORDER
On January 27, 2011, City of Clearwater("Respondent") entered into a Consent Order,
OGC File No. 10-2683, with the State of Florida Department of Environmental Protection ("De-
partment") ("Order") concerning effluent discharges to Stevenson Creek, thence to Clearwater
Harbor. The Respondent has completed capital improvement projects and is currently complet-
ing a mixing zone data plan of study to meet the effluent limits for dibromo-chloromethane and
dichloro-bromomethane. On November 13, 2014, Respondent submitted a letter to the Depart-
ment requesting an extension of the compliance date for dibromo-chloromethane, the compliance
date for dichloro-bromomethane, and the final compliance date of the Order. Pursuant to a re-
quest by the Respondent to amend the Order, the Department finds that the request is made in
good faith and is reasonable.
It is hereby agreed between the parties that this Second Amendment to Consent Order
shall amend the Order only to the extent specifically stated herein, and that all the provisions of
the Order not addressed herein shall remain in full force and effect. Therefore it is
ORDERED:
7. By December 31, 2015, and thereafter,Respondent shall operate in compliance
with the Permit limit for dibromo-chloromethane, by reducing the sources of dibromo-
chloromethane, by treating to reduce dibromo-chloromethane so that the Facility's effluent com-
plies with the Permit limit for dibromo-chloromethane. Respondent shall take whatever correc-
tive actions are necessary to meet the limit for dibromo-chloromethane in the Facility's effluent.
However, if a permit revision or additional Department permit is required for the corrective ac-
tions, Respondent must obtain the permit revision or Department permit prior to placing the
modifications into operation. Respondent shall submit the appropriate information, applications,
DEP vs. City of Clearwater
Consent Order OGC File No. 10-2683
Page 2 of 5
pertinent data, and responses to Department requests for additional information and comply with
the Permit limit for dibromo-chloromethane by December 31,2015.
8. Beginning the first full month after the effective date of this Consent Order and
lasting through December 31, 2015,the interim limit for dibromo-chloromethane for effluent
discharged to surface waters from the Facility shall be 60.0 µg/l, as an annual average. The In-
terim Discharge Monitoring Report, incorporated herein as Attachment I, shall be used for re-
porting the interim limit value. 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 a violation of the Florida Air and Water Pollution Con-
trol Act, Part I, Chapter 403, F.S., during the pendency of this Consent Order. In accordance
with the Permit, the Interim DMR shall be mailed or hand delivered to the Department of Envi-
ronmental 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 District of the Department,pursuant to paragraph 16 of this Consent Or-
der.
9. By December 31, 2015,and thereafter,Respondent shall operate in compliance
with the Permit limit by reducing the sources of dichloro-bromomethane, by treating to reduce
dichloro-bromomethane so that the Facility's effluent complies with the Permit limit for dichlo-
ro-bromomethane. Respondent shall take whatever corrective actions are necessary to meet the
limit for dichloro-bromomethane in the Facility's effluent. However, if a Permit revision or ad-
ditional Department permit is required for the corrective actions, Respondent must obtain the
Permit revision or Department permit prior to placing the modifications into operation. Re-
spondent must govern its actions through submittal of appropriate information, applications,per-
tinent data, and responses to Department requests for additional information to comply with the
Permit limit for dichloro-bromomethane by December 31, 2015, and thereafter.
10. Upon the first month after the effective date of this Consent Order and lasting
through December 31,2015, the interim limit for dich loro-bromo methane for effluent discharged
to surface waters from the Facility shall be 35.0 µg/L as an annual average. The Interim Dis-
DEP vs. City of Clearwater
Consent Order OGC File No. 10-2683
Page 3 of 5
charge Monitoring Report, incorporated herein as Attachment 1, shall be used for reporting the
interim limit value. This interim limit does not act as a State of Florida Department of Environ-
mental Protection wastewater Permit effluent limitation or modified Permit limitation, nor does it
authorize or otherwise justify a violation of the Florida Air and Water Pollution Control Act, Part
1, Chapter 403, F.S., during the pendency of this Consent Order. The Interim DMR 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 sub-
mitting the DMRs to the Department in accordance with the Permit, during the pendency of this
Consent Order, Respondent shall submit copies of the DMRs to the Southwest District of the
Department, pursuant to paragraph 16 of this Consent Order.
11. On or before June 15 and December 15 of each year during the pendency of this
Consent Order and continuing until all corrective actions have been completed, Respondent shall
submit to the Department a written report containing information about the status and progress of
projects being completed under this Consent Order, information about compliance or noncompli-
ance with the applicable requirements of this Consent Order, including construction requirements
and effluent limitations, and any reasons for noncompliance. These reports shall also include a
projection of the work Respondent will perform pursuant to this Consent Order during the 12-
month period which will follow the report. Respondent shall submit the reports to the Depart-
ment pursuant to paragraph 16 of this Consent Order.
12. Notwithstanding the time periods described in the paragraphs above, Respondent
shall complete all corrective actions required by paragraphs 7, 9 and 1 I by December 31, 2015
and be in full compliance with Chapter 62-302, F.A.C., regardless of any intervening events or
alternative time frames imposed in this Consent Order
Persons who are not parties to this Second Amendment to Consent Order, but whose sub-
stantial interests are affected by it, have a right to petition for an administrative hearing under
Sections 120.569 and 120.57, Florida Statutes. Because the administrative hearing process is
designed to formulate final agency action, the filing of a petition concerning this Second
Amendment to Consent Order means that the Department's final action may be different from
the position it has taken in the Second Amendment to Consent Order.
DEP vs. City of Clearwater
Consent Order OGC File No. 10-2683
Page 4 of 5
The petition for administrative hearing must contain all of the following information:
a) The OGC Number assigned to this Second Amendment to Consent Order;
b) The name, address, and telephone number of each petitioner; the name, address, and
telephone number of the petitioner's representative, if any, which shall be the
address for service purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the
Second Amendment to Consent Order;
d) A statement of when and how the petitioner received notice of the Second
Amendment to Consent Order;
e) Either a statement of all material facts disputed by the petitioner or a statement that
the petitioner does not dispute any material facts;
f) A statement of the specific facts the petitioner contends warrant reversal or
modification of the Second Amendment to Consent Order;
g) A statement of the rules or statutes the petitioner contends require reversal or
modification of the Second Amendment to Consent Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action
petitioner wishes the Department to take with respect to the Second Amendment to
Consent Order.
The petition 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 Of-
fice at Southwest District, 13051 North Telecom Parkway,Temple Terrace, Florida, 33637.
Failure to file a petition within the 21-day period constitutes a person's waiver of the right to re-
quest an administrative hearing and to participate as a party to this proceeding under Sections
120.569 and 120.57, Florida Statutes. Before the deadline for filing a petition, a person whose
substantial interests are affected by this Second Amendment to Consent Order may choose to
pursue mediation as an alternative remedy under Section 120.573, Florida Statutes. Choosing
mediation will not adversely affect such person's right to request an administrative hearing if
mediation does not result in a settlement. Additional information about mediation is provided in
Section 120.573, Florida Statutes, and Rule 62-110.106(12), Florida Administrative Code.
DUEPvo. City ofClearwater
Consent Order 0OCFile Nn. 10-2683
Page 5o[5
This Second /&mmcodruurt to Consent Order is 5oo| agency action of the Qepurboco(pur-
sunct to Section }2O.h9, Florida Statutes, and i1is final and effective oothe date filed with the
Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with
Chapter 120, Florida Stmi;&cx. Upon the timely filing nfnpetition, this Second Amendment to
Consent Order will not he effective until [udhor order o[the Department.
FOR THE RESPONDENT:
~_�����
` `^�~'v t` � v/ °`���w/
Date George N. Czetokno
, k1myoc
City nfClearwater
DONE AND ORDERED this � duyof , io BUbhomugb
County, Florida.
STATE RF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Mary E.
Director
Southwest District
FILED, on this date, pursuant k) Section 120.52, Florida Statutes, with the designated
Department Clerk, receipt of which is hereby acknowledged.
. \� \
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[late Ark
/VLmcbozcnt: Interim Discharge Monitoring Report
Copy furnished to: Lea Crandall, Agency Clerk
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--,. ity o' Clearwater
I'tiblia 1ltilides 1 epirtm¢nt, Ilost Office;I'lox 48748, Cleamatcr„ 1'lorid a 33758-4748
1650 North Ar-cturas Avenue, Building C.:, (Jear Nvatcr Florida 33765,-1945
'l'i Icepho ne(727) 562-4960 Fax (727) 562-4963
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December 16, 2014
0"PI.Of Fr vir���i nkad firnt��rrq�
Mr. Steve Kelly DEC 1 7 2014
Florida Department of Environmental Protection
Southwest District Office sourr,w� t r�ascrct
13051 North Telecom Parkway
Temple Terrace, FL 33637-0926
RE: Second Amendment to Consent Order OGC File No. 10-2683
City of Clearwater Marshall Street WRF
Facility ID No. FL0021857
Pinellas County
Dear Mr.Kelly:
Attached,please find two originals of the Second Amendment to the Consent Order signed by Mayor
George Cretekos.
Upon execution by your office,please return one of the final documents to me for our file.
We appreciate the good working relationship we have with your staff.If you have any questions or
comments, please contact me at(727)5624960, extension 7222.
Sincerely,
Tracy Mere r
Public Utili ' s Director
Enclosure: Second Amendment to Consent Order(2 originals)
Copies to: ,fill Silverboard,Assistant City Manager, �iNl.�,il�crist�Ktttlr6�^a�ay�l��la�ltar.��t1
Nan Bennett,P.E.,Asst Public Utilities Director, tr,la.t� l�awrrr�ettri rr� a )a°ttt�r t6cr t r
Robert Fahey, P.E., Engineering Manager,rtroltt na lsttl� Yr�r�a �lck . .q.nrr
David W. Porter, P.E.,WET Manager, daavic),,p p utc l.. a Ita��i�l.e,alyw��tti_�oln
Jack Sadowski, WWTP Chief Operator,,lAa 'k.. rr..la�rw�.,11 rrrryt g ,at ,arc t_t ,�u1r
Kathryn McGrath, Public Utilities Coordinator,(at 1hry"ti Grtk;,
Thomas Friedrich, P.E.,Jones Edmunds, 11`a•(etlt-i .its?Ija. awp s -(Iwaiatraacls,corsl,
Gcro rgc:N.CA-c°tc k-osti Nhyor
11i19,1or son, C ounc•ilrnc:rldwr, Im,t'<,ll,larrc, C;artrttt'flnactilhcr
llc>}°t lla n ilt'on, t ouncilnicinho. Dorccn Hock-DiPolito, Counc•ilamnib r
"I"quatl 1?111lglanyincatt and Affirm ativc°Action I'mplrry°cr"