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01/16/2008 Contract DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: February 4, 2008 TO: Dent Pierce, Director Public Works Division ATTN: FROM: Beth Leto, Assistant Director Public Works Division Pamela G. Hancock,~ At the January 16, 2008, Board of County Commissioner's meeting the Board granted approval to (1) terminate month-to-month Contract with Synagro South, LLC effective January 27, 2008; and (2) award bid and execute a Contract between Monroe County and U.S. Water Services Corporation for the operation and maintenance of the sewage treatment plant at the Plantation Key Government Complex. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finai File OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT CENTER, MONROE COUNTY, FLORIDA AGREEMENT FOR OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT CENTER This Agreement is made and entered into this It ~day of , 2008, between MONROE COUNTY, FLORlDA ("COUNTY"), a Itical sub ision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and U. S. WATER SERVICES CORPORATION ("CONTRACTOR"), a Florida corporation, whose address is 4939 Cross Bayou Boulevard, New Port Richey, Florida 34652. WHEREAS, COUNTY desires to provide operation and maintenance of sewage treatment plant for the PLANTATION KEY GOVERNMENT CENTER, Monroe County, and WHEREAS, CONTRACTOR desires and is able to provide operation and maintenance of sewage treatment plant for the PLANTATION KEY GOVERNMENT CENTER, Monroe County; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide operation and maintenance of sewage treatment plant for the PLANTATION KEY GOVERNMENT CENTER Monroe County, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document and its exhibits only. 2. SCOPE OF THE WORK: A. The Contractor's services shall include all DEP requirements stipulated in the Operating Permit (attached as Exhibit A) in order to operate the facility efficiently and reliably, and to maintain the facility according to the Permit. The Contractor shall invoice the County for the operation and maintenance services on a monthly basis, in arrears, at the fee schedule rate. 1. Comply with all conditions specified within the current Permit for this facility. ii. Comply with all conditions specified within the current Permit for this facility. 111. Comply with all DEP rules, Florida Statutes, and county and local regulations pertaining to the operation and maintenance of Agreement 1 October 2007 OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT CENTER. MONROE COUNTY. FLORIDA wastewater facilities, systems of treatment and control, and related appurtenances. IV. Notify the County Facilities Maintenance Department, by written notice, of changes in DEP rules, Florida Statues, county and local regulations, as they apply to plant permitting or operations. v. Become familiar with all Permit requirements, DEP rules, Florida Statutes, and county and local regulations which affect the above referenced wastewater facility. In addition, the contractor shall advise and make recommendation to the County on matter concerning the operation of the facility, and shall provide written notification to the County of any and all deficiencies encountered that may result in a non-compliance operating violation. This notification shall include the observation of the deficiencies, recommended corrections, and cost estimates. Said notification shall be delivered to the Facilities Maintenance Director for review and approval. In the event that the County shall receive a notice on non-compliance or of potential violation, written notice shall be given the contractor. VI. Provide, and maintain on site, records as required by the Permit conditions. The <;:Dntractor shall submit supplemental copies of record documents and monthly operation reports (MaR) to the Facilities Maintenance Director. Vll. Inspect and maintain .the . facility's equipment, practices, and operation regulated ofiequired by the Permit conditions. V111. Perform all other routine operation and maintenance tasks for the facility as part of the monthly service and included in the monthly fee such as, but not limited to, the following: a. Operate the wastewater facility according to the manufacturer's specifications and pursuant to the Federal, State, County, and local regulatory rules with particular attention to Florida Laws, Chapter 403 and the Florida Administrative Codes, 62-600, 62--604, 62-610, 62-611, 62-640, F .A.C., and other applicable sections; b. Inspect and lubricate all eql/ipment lubrication in accordance with the specification and recommendations c. Supply, monitor, and record chlorine feed and effluent residuals regularly. Chlorine costs shall be included in the monthly operation and maintenance fee. which requires manufacturer's Agreement 2 October 2007 OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT CENTER, MONROE COUNTY, FLORIDA d. Replace motorlblower belts when required (labor and parts furnished by the Contractor); e. Clean blower filters on a regular basis; f. Repair minor electrical and plumbing problems at the contractors cost of $500.00 and below; g. Perform minor repairs of pump station equipment and controls at the contractors cost of $500.00 and below; h. Maintain proper adjustment of all apparatus controls; 1. Maintain all painted surfaces; j. Record the daily flow in gallons per day; k. Record the Ph of effluent; I. Daily maintain air to all required components of the treatment plant. The contractor shall individually check and clean all air diffusers and skimmers as required, then adjust aerati~n as required to maintain plant balance; m. Check sludge return; n. Transfer sludge as required to various plant components and concentrate into the digester as necessary to maintain plant operating efficiency; o. Mechanically check standby equipment weekly; p. Clean and hose down plant regularly to maintain good housekeeping of the facility, and remove all unsightly debris and materials from facility area on a regular basis; q. Provide all digester sludge removal services: Maximum of four removals annually, when required. Any additional removals require the County's prior written approval; the contractor shall notify the Facilities Maintenance Department when such additional removals are anticipated. The cost breakdown for any removals beyond the four cited above shall consist of the disposal cost to the contractor plus _% handling charge. The Contractor shall be solely responsible for all sludge removal services and any required testing. The Contractor shall submit to the Facilities Maintenance department a copy of the landfill inbound charge ticket(s) after every sludge removal service; and IX. Provide for emergency standby pumping services for the facility (inclusive of all necessary equipment, materials, and labor) in the event that an unusual occurrence makes it Agreement 3 October 2007 OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT CENTER, MONROE COUNTY, FLORIDA necessary to immediately pump out a plant to prevent untreated wastewater from improperly escaping into the environment. The Contractor shall perform this function to the best of the Contractor's ability considering the circumstances surrounding the unusual occurrence, and such occurrences shall qualify this as an emergency service, x. Provide sampling, testing, results, and monitoring of any substances or parameters at any locations reasonably necessary to assure compliance with the Permit conditions or DEP rules. xi. Protect the County from any condition which may result in non-compliance with DEP rules, Florida Statutes, or county or local regulations to the best extent possible. Inform the County immediately and in writing at once upon recognition of a potential problem. xii. Maintain a copy of the current Operating Permit on site. xiii. Maintain monitoring and record keeping as required by the Permit conditions, DEP rules, county and local regulations. B. REPAIRS The Contractor shall make all repairs as necessary to assure that the facility is operating efficiently, reliably, and in accordance with all requirements of the DEP and the DEP Operating Permit. When the Contractor deems a repair to be necessary, and over $500.00, the Contractor shall prepare a detailed cost estimate based on the fee schedule rates stipulated in the contract for labor, actual cost of parts needed to make the repairs, plus the handling charge as indicated in the contract. The Contractor shall initiate the approved repairs within 48 hours of said approval. Upon completion of the repairs, the Contractor shall document the work performed as is required by the DEP Operating Permit and other on-site service logs. In any month in which the total for Repairs (as defined above) does not exceed $500.00, the Contractor will not invoice said amount to County and will be responsible for said amount. In any month in which Repair(s) (as defined above) exceed $500.00, the Contractor will invoice and the County will pay the full amount stated on the invoice. C. EMERGENCY SERVICE The County shall contact the Contractor immediately when an emergency call is needed. The Contractor shall also notify the County immediately in the event of a facility emergency. The Contractor and the County shall make entries into a log, which shall include; the date and time the problem Agreement 4 October 2007 OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT CENTER, MONROE COUNTY, FLORIDA was discovered, a description of the problem, the date and time the contractor was notified, the date and time the contractor arrived at the facility, the date and time the Contractor departed, and a summary of the steps taken to rectify the problem. The Contractor shall respond to all emergency calls which occur during normal working hours and holidays and weekends within three hours of notification by the County (see Section 2.05 Exceptions). The Contractor and the County shall simultaneously log the time the County contracted the contractor for an emergency service documentation of the above time requirements. The Contractor shall invoice the County for after-hour, weekend and holiday emergencies based on the applicable hourly rate indicated in the contract, the actual costs of any parts used to rectify the problem, plus the applicable percentage as stipulated in the contract. D. ADDITIONAL SERVICES When requested by the County, the Contractor shall advise and recommend, in writing to the County, any needed improvements, and shall invoice the County at the fee schedule rates for labor as specified in the contract" E. EXCEPTIONS All of the above described tasks or requirements shall be considered routine duties of the contractor except: 1. Repairs which are over the $500.00 limit, as defined in Section 2.B. REPAIRS, shall be based on the fee schedule rates for labor for "Emergency Service Calls (Monday - Friday after normal working hours)" outlined in the contract. 11. The Contractor shall not be held responsible for the inability to perform due to factors beyond the Contractor's controL 3. CONTRACT AMOUNT The County shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, as follows: 1) Monthly Operation and Maintenance Services (as outlined in the contract specifications) $ 725.56 per month $8,706.72 per year 2) Repairs - beyond the $500.00 limit (routine, prior approval required). Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays $ 60.00 per hour 3) Emergency service call. Overtime rate for hours other than normal hours as stated above, including weekends and holidays. $ 90.00 per hour Agreement 5 October 2007 OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT CENTER, MONROE COUNTY, FLORIDA 4) Handling fee for parts required for operation, maintenance, Repairs and emergency services. 5) Sludge removal (beyond four per year required as Regular maintenance) Cost + 25 % Cost + 25 % Note: There are no additional costs for travel, mileage, meals, or lodging. The Contractor's request for payment must itemize each ofthe costs stated above. 4. PAYMENTS TO CONTRACTOR A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. B. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of invoice by CONTRACTOR. C. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. D. In any month in which the total for Repairs (as defined above) does not exceed $500.00, the Contractor will not invoice said amount to County and will be responsible for said amount. In any month in which Repairs (as defined above) exceed $500.00, the Contractor will invoice and the County will pay the full amount stated on the invoice." ~ . . 5. TERM OF AGREEMENT This Agreement shall commence on January 2S, 200S, and ends upon January 27, 2009, unless terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two (2) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one (I) year. The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year.. Agreement 6 October 2007 OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT CENTER, MONROE COUNTY, FLORIDA 5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. 6. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 7. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 8. HOLD HARMLESS AND INSURANCE CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by CONTRACTOR occasioned by the negligence, errors, or other wrongful act of omission of CONTRACTOR, its employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: Agreement 7 October 2007 OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT CENTER, MONROE COUNTY, FLORIDA WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE: Where applicable, worker's compensation coverage to apply for all employees at a minimum statutory limit as required by Florida Law, and Employee's Liability coverage in the amount of $100,000,00 bodily injury by accident, $500,000,00 bodily injury by disease, policy limits, and $100,000,00 bodily injury by disease, each employee, COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $100,000,00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability, If single limits are provided, the minimum acceptable limits are $100,000,00 per person, $300,000,00 per occurrence, and $50,000,00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with limits of liability of not less than $300,000,00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. MONROE COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE GENERAL LIABILITY AND VEHICLE LIABILITY POLICIES. .9. NON- WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local govemment liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 10. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent and not an employee of the Board of COUNTY Commissioners of Monroe COUNTY. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of COUNTY Commissioners of Monroe COUNTY. 11. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent Agreement 8 October 2007 OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT CENTER, MONROE COUNTY, FLORIDA jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 12. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 13. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State governrnent, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. Agreement 9 October 2007 OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT CENTER, MONROE COUNTY, FLORIDA 14. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq" Florida Statutes, COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm. other than a bona fide employee working solely for it, any fee, commission. percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and. at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness, CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 16. NOTICE REOUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, FL. 33040 FOR CONTRACTOR: 0, c;;;: t.Jalftl- $E'r\J"~"s c,r'O"~"Z.':,... A7n R. Senff /,p...J:S ' ~~ ftss !%' ~'~ I e Z R. ' , 3<16$"{ Agreement 10 October 2007 OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT CENTER, MONROE COUNTY, FLORIDA 17. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 18. A. TERMINATION C. The COUNTY may terminate this Agreement with or without cause prior to the commencement of work. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so with neither party having any further obligation under the term s of the contract upon termination. B. 19. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 21. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the Agreement 11 October 2007 OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT CENTER, MONROE COUNTY, FLORIDA accomplishment of the original intent of this Agreement The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 22. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 23. ADJUDICA nON OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 25. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 26. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. Agreement 12 October 2007 OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT CENTER, MONROE COUNTY, FLORIDA 27. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 28. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits ofthe COUNTY. 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 30. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 32. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her Agreement 13 October 2007 OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT CENTER, MONROE COUNTY, FLORIDA individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement 33. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of COUNTY and CONTRACTOR hereto may execute this Agreement by singing any such counterpart. 34. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement 35. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.Dl7, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list n 36. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County 37. LEGAL OBLIGATIONS AND RESPONSIBILITIES AND NON- DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the Agreement 14 October 2007 OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT CENTER, MONROE COUNTY, FLORIDA delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 38. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County therefore, this agreement is not to be construed against either party on the basis of authorship 39. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 40. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms ofthis Agreement to the Contractor beyond that already incurred by the termination date. ...... IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed /'cS:~li.~feement on the day and date first written above in four (4) counterparts, each of /:~,.~~h ~alI, without proof or accounting for the other counterparts, be deemed an / ,.'../<;\;J;'g~n.;ontract. if'f' ..,'\<? " \\'f (SEAL) Attest: DANNY L. KOLHAGE. CLERK Bye? .f/v ~.--k Deputy Clerk JAN 1 6 2008 Date: NTY COMMISSIONERS UNTY, FLOIDA By: Mayor Charles" onny" McCoy JAN 1 6 2008 Witnesses for CONTRACTOR: --- ~ DM. rJ \.l)\'~ Signature Agreement 2; 0 g Z )> CO -,., . ~ o~-:1--,,> t'T1 r'"f"'i r--:; CO 'X '. c-: I Address: 'Ic;.~9 Coss ~:n?(~ /'4?w ().rL R.-rl,,,'I< FI ~~~L ~:; Telephone Number ?J 7-;fj'f~c8JfJ!L :::: ),. r'l (..) CI'I Signature 0 person authorized to legally bind Corporation Date: 1;)~<V6- 07 Q Scot( I..ew; s Print Name ,~:::J ld \ ri-lJl 1m Date - y:? #pc' Sign~ //1/~/07 "TI Date ::7 October 2007 EXHIBIT A .....'''~ .\<..h,.:'.,'\,I, . t5{:"~' .;f:i' ,')... . .... ~. '"i ~,' " '"It ',' ~ . ~,... , ,~ .' 011-- \ .~.I" ," " ~, , ~FL A' i Department of Environmental Protection ~ ""'-- - - South District P.O. Box 2549 Fort Myers. Florida 33902.2549 Colleen M. Castille Secretary Jeb Bush Governor CERTIFIED MAIL NO.: 7003 10100004 13974714 RETURN RECEIPT REOI JESTED In the Mo.tter of an Applkation for Permit by: John King. Director of Fa;;:ility Maintenance Monroe County Board of County Commissioners 3583 South Roosevelt Blvd. Key West. F1, 33040 ~Ionroe Count' ' OW Pll1ntation Key Government Center WWTP Permit No.: FLA014699 PA File No.: FLAOI4699.002.DW3P 1'0TICE OF PERMIT ISSUANCE Enclosed is Permit Number R~A014699 to operate a domestic wastewater treJ.tment facilily and two injection wells. issued under Section 40.1087. Florida Statutes. The Department's proposed agency Jl"tion shall become fmal unless a timely petition for an administrative hearing is filed under Sections 1:20.569 and 120.57. Florida Statutes. within fourteen days of receipt of notice. The procedures for petitioning for a he:lring arc set forth below. A person \\'hose :-ubstantial interests are affc(,.'led by the Deparlmcnt"s propos~d permitting decisiun may petition for an administrative proceeding (hearing) under Sc(tions 120.569 nnd 120.57, Florida Statutes. The petition must contain the information set forlh below and must be tiled (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard. Mail Station 35. Tallahassee. Florida 32399.3000. Under Rule 62M 110. J 06( 4). Florida Administrative Code. a person may request enlargement of the time for filing a petition for an administrative hearing. The request must he tiled (received hy the clerk) in the Office of Gcneral Counsel befnrc the cnd of the time period for filing:.1 petition for an administrutivc hearing, Petitions by the applicant or <lny nfthe persons listed below must be tiled ,\'ithin fourteen days of receipt of this written notice. Petitions filed by any persons other than those entitled to \\Tinen notice under Section 120.6O{J). Florida Stalutes. must be filed within fourteen days of publication of the notice or within fourteen days of receipt of the wrillen notice, whichever occurs first. Under Section 120.60(3). Florida Statutes. however. any person who has asked the Department for notice of agency action may file a petition within fourteen days of receipt of such notice. regardless of the dale of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of tiling. The failure of any person to file a petition Of request for enlargement of time within fourteen days of receipt of notice shall constitute a waiver {lfthat person's right to request an administrative determination (hearing) under Section.s 120.569 and 120.57. Florida Statutes. Any subsequent intervention Chc"n<:l Page I of J "/'1rJr!" Prc/(.Yt:un, Less ProCL'SS" Printed on re<yc~d paper '" .' Plantatlon Key Government \.....;ntcr \V\VTP PA File No.: FLAOI4699-002-DW3P (in a proceeding initiated by another party) will be only at the discretion of the presiding. officer upon the tiling of a motion in compliance with Rule 28-106.205. Florid.., Administrative Code. A petition that disputes the material facts on \I,'hich the Dcpartment"s action is hased must contain the folluv.'ing information: (a) The name. address, and telephone number of t;:,;lCh petitioner: the name. aJdrcss. and telephone number of the petitioner's representative, if any; the Department permit identification number i:tnd the county in whlch the subject matter or activity is located; (b) A statement of how and when e.nch petitioner received notice of the Department a(.~tion; Ic) A statement of how each petitioner's substantial interests arc affected by the Department action; (d) i\ statement of all disputed issues of material fact. If Ihere are none. the petition must so indicate; (e) A statement of facts that the petitioner contends '..;arrant reversal or modification of the Department <Iction; (I) A concise statement of the ultimate facts alleged. as well as the rules and statutes which entitle the petitioner to relief; and (g) A statement of the relief sought "y the petitioner. 5tating precisely the action that the petitioner wants the Department to take. Because the administrative hearing process is designed to formulate final agcn.:y action. the filing of a petition means that the Department's finall.u:tion may be different from the position taken by it in this notice. Persons whose substrmtial interests will be affected by any such t1nal decision of the Department have the right to petition to become a party to the proceeding, in accordan\:e \\llth the requirements set forth above. In addition to requesting an administrative hearing. any petitioner may elect to pursue mediation. The election may be accomplished by filing ""ith the Department a mediation agreement with all parties to the proceeding (Le.. the applicant. the Department, and any person who has tiled a timely and sufficient petition for a hearing). The agreement must contain all the inform;Hion required by Rule 28-106.404. Florida Administrative Code. The agreement must be received by the clerk in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within ten days after the deadline for filing a petition. as set forth abm'e. Chousing medialion will nut adversely affect the right to a hearing if mediation COC$ not result in il set!lement. 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 holding an administrative hearing and issuing a tinal order. Unless otherwise agreed hy the parties. the mediation must be concluded within sixty days of the exel'ution of the agreement. Ifmedintion results in settlement of the administrative dispute. the Department must enter a final order incorporating the agreement of the parties. Persons seeking to protect their substantial interests that would be affected by such a modified final deci1;ion must file their petitions within fourteen days of receipt of this notice. or they shull be deemed to have waived theit right to a proceeding under Sections t20.569 nnd 120.57, Florida Statutes, Ifmediation terminates without settlement of the dispute. the Department shall notify all parties in \\'riting 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 fOt challenging the agency action and electing remedies under those two statutes. This permit is final and effective on the d::tte filed with the clerk of the Department unless a petition (or requc!oit for enlargement of time) is filed in accordance \\'ith the above. Upon the timely filing of a petition (or request for enlargement of time) this permit will not be effective until further order of the Department. Any p::uty to this permit has the right to seek judicial review under Section 120.68. Florida Statutes, by the filing of a notice of appeal under Rules 9,110 and 9.190, Florida Rules of Appellate Procedure with the clerk or the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000; and by fiting a copy of the notice of appeal accompanied by the applicable Page 2 of 3 Planration Key Governmenl \..enter W\VTP I'A File No.: FLAOI4699-002-DW3P filing fees with the appropriate di$trict court of appeal. The notice of appeal must he filed within 30 days from the d<tte when this permit is filed with the clerk of the Department. Exc(;utcd in Fort Myers. FL. rloridJ. STATE OF FLORIDA IJEPARTMENT OF ENVIRONMENTAL PROTECTION /" 1 '.. - - // ( ,;""'--<0:"--( /,, - i {'i ,; Jon M(lglehart Acting Director of District Manag.ement , ,. ,,I l/ CERTIFICATE OF SERVICE The undersigned hereby certifie, that this NOTICE OF PERMIT ISSlIANCE and all copies were mailed before the close of business on June~. 2004 to the Ihaed perMlns. FILING AND ACKNOWLEDGMENT FILED. on this date. under Section J20.52. Florida Statutes. \\'ith the designated deputy clerk. receipt of which is hereby acknowledged. I'~' ~ >.c h._.......,% r------ (, --oj - /) ( . Clerk Date ;/ JMIISRMljli Copies furnished to: Scan Kim'an. P.E. - Glen Boe & Associates. Inc. Gus Rios - FDEP Marathon Page 3 00 _\.;. ;~0~:J'aY"" '. l."'" . ~"\.'" ~ .:'\.}. ;, .:",' iIllo. .' 'i ';l"-,", ',.,' I FLOR~.r ~ Department of Environmental Protection , ~ t>.... : ~~...;;: South District P.O. Box 2549 Fort Myers, Florida 33902.2549 Colleen M. Castille Secretary Job Bush Governor STATE OF FLORIDA DOMESTIC WASTEWATER FACILITY PERMIT I'ERMITTEE: PERMIT NUMBER: PA FILE NUMBER: ISSUANCE DA TE: EXPIRATION DATE: FLAO 14699 FLAOI4699-002-DW3P June 8,2004 June 7. 2009 Monroe County Board of County Commissioners RESPONSIBLE AUTHORITY: John King. Director of Facility Maintenance Monroe County Board of County Commissioners 3583 South Roosevelt Blvd. Key West, FL 33040 (305) 293-1418 FACILITY: Plantation Key Government Center WWTP 2 High Point Road Key West, I-1- 33070 MonrOe' County Latilllde: 24" 58' 45" N Longitude: 80" 33' OS" W This permit is issued under the provisions of Chapter 403. Florida Statutes. and applic~lble rules of the Florida Administrative Code. The above named permittee is hereby authorized to operate the facilities shown on the npplication and other documents attached hereto or on file with the Department and made a part hereof and specifically described as follows: TREATMENT FACILITIES: Operate an existing 0.010 MOD annual average daily flow (AADF) extended :Jeration process domestic wastewater treatment facility consisting of two 5,000 gallon aeration basins. a 3.000 gallon Onal settling basin. a 542 gallon chlorine contact chamber. a 4.780 gallon cfOuent polishing basin. and a 1. 211 gallon $ludge digester. DISPOSAL: Underground Injection: An existing 0.010 MGD annual average daily flow (AADF) permitted capacity underground injection well system V-ool consisting of2 Class V underground injection wells permitted under Department permit numbers 63018-OO3-UO and 63018-004-UO discharging to Class G-1Il ground water. Permits 630 18-003-VO and 63018-004-UO are part of this permit rLA014699. Underground injection well system lJ-OOI is located approximately at latitude 24 u 58' 45" N. longitude 80 0 33' 05" W. IN ACCORDANCE WITH: The limitations. monitoring requirements ~nd other conditions set forth in Pages 1 through 18 of this permit. Page I of 18 ..,,1I10r(' ?rotcC110!1, 1.ess Proccss" Primed on recycled paper 0.. ,.-, ~ Cl <" 8 ~~ ""'" .,..,. 00 <(<( liti riri "'''' IXlIXl ~~ ZZ f-UJ -..J :00: oo UJ<( 0..0.. ~ ~ g c a..';:;; f- ~ ~E ::: 5 ~u E C " r:: W" _0-:; 5~.:: E C al E"E .=: 0 ~ 8 ~ 3 c3 re.8 Vl ::: >,- ufS"'ti ~ o..c . c U '5 ..... " ~ ~ il ';; V) :;:: ~ 0 ~ ~ S:~:C:~ ,.ttl >-'- 1::1: ::l:;; Woo <1:UJ u..:>. '" ... z OIl :E OIl '" ;:; 01 OIl '" " z ;: o ... Z o :;; Cl Z .., ~ o E= .., ... - :; :l ... z OIl ;:l ...l '" iZ Cl z <( '" OIl ... .., ::: Q OIl :0 - <( ...l \,) OIl '" ...: r~l 2. ;; " ;; .0 ~"" " u -'" r:: .- 1l !t IE ~ >1) '" " ~H l:; ~ ~ .- ~ E '6 8. 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CIJ '" o<l ~. ~~ Vl"" "" " d o ..l: u. UJ .0 " l5 >, ::i: E " ::;: o ~ o ~. .,. o o M o o '" E " E 'K " :E ~ :0 13 "" c " Co ~ " V) -;; "0 f- '" < u"'; u . "'"0 " U o -': u. '" .0 " l5 '" u ~ >, " Cl '" " -<r> 0' , oc '" " on c " '" ::> V) :r Co '" o<l ,.-, e~ CIJ:;; c " U o -': u. '" .0 " o >, ::i: E " :0 ,..; :5 g '6 51 U E ~ 0': u u V) -;; u ~ g .$2 U '" '<J .,. B~ CIJ"""": ~ U o ...;: u. '" .0 " ~ " '" u ~ >, " Cl .,-, '" o E " E ." ~ ~ ::E " c o ~ :ac~ u" --;; g't; '0 -o.E:E- "5.~ 2 ::i5~ <"J .... g ,'0 & z'- '"- " '" '<J or. ,,< u . ';/)-: "" " (; '" '<J or. e~ rn...-: "" 51 U o ..l: u. '" - o <: u. '" -"' " l5 -"' " ~ " >-. ::i: E " ::;: >-. ::i: 11 ~ t: 8- ~ t: 8- u or: oc "a ~, " on " 0- !j e 'K " :;; E " e 'K ~ -' (5 :E <::! " :0 f;: ~ -:: -;; "0 f- '" " :0 "" Co ~ o "" 0- h\C1L1TY: PERMITI'EE: Plantation Key CiOVCrml""1 Centl.'r \VWTP Mlmfoc County Board l ,lunty Cnmmissinners _,58~ South Roosevelt Blvd, Key Wesl. FL 33040 PERM''' Nt 1\1BER: PA FlL ;\iMBER: I.LAO I +699 FLAO 146fJ9.0()c.DW3P 2. Eftlucnl samples !ioh.ill be taken at the monitoring site locations listed in Permit Condition J. A. I. and as dCf'crih(:d hclow: MonilorlnK Location Description of l\"lonitorin~ Location Site Number Err.OJ As indicated in the application. at the tinJ] outlct (lflhc WWTP. prior to di~chargc to the injection wells. .1 The :trithmctic mean of the monthly fecal ,:nliform values L'oIlCdCU during an annu<11 peritld shall not exceed 200 per LOO ml" of cfllucnt sJmplc. The g.eometric mean of tile fec:il Cllliform values for a minimum of 10 samples ofef1lucllt cal"h l.:ollcl'tcu on ,I scp:lr:ltc day during a period of 30 l'onscl'utive d.iyS (monthly), shall not exceed 200 pCI' JOO mL of ~.lJllplc. No mme than 10 perl'cnlnfthc samples Cnllel'LCd (the 90th pcrcentile value) during a period of 30 consecutive days shall exceeu 400 fecal l.,'olifonTI values per 100 mL of sample. Anyone sample shall nol cXl'eed 800 fccall'oliform vnlucs per 100 mL of sample. Note: To report the 90th pen:cnLilc value. JiSllhc fCl.,'all'oliform valucs obtained during the month in ascending order. Report the value of the sample thaI corrcspnnds to the 90th percentile (multiply the number of samples by 0.9). For example, for :;0 samples, fCpl.)rt the corresponding fCl':.lIl'oliftxm number for the 27th value of ascending order.162-600.44IH)(C)! 4. ^ minimum of 0,5 mg/L total residual chlorine must be maintained for a minimum conl:ll't time of 15 minutes bascd on peak hourly tlow./62-600.440(4!(h)j 5. For Your information: Chapter 99-:;95, Laws of Florida. requires lhn.t by July l. :!O 10, the facility either ct:ase all discharge 10 the injection wells or meet effluent limits, on an annual basis, as fo\lo\\'s: a. Carbonaceous billl'hcmical oxygen demand (CBOD~) of 10.0 mglL: b. Tolal suspended solids (TSS) of 10.0 mgIL; c. Total nitrogen (as N) of 10.0 mgIL; d. Total phosphorus (as P) of 1.0 mglL {Chap/er 99-395. Laws of Florida, Section fl, Sttb.H~l'r;on (4) alld (6)] 6, Grab samples shall be collected during periods of minimal treatment plnnt pollutant removal efficiencies or max.imum hydraulic and/or organic loading. I Rule 62-600.741!( lI(a)2! :l. '-, ::: C? 0' 8 ~& :b", "t"t 00 ~~ 0:0: i.:.li.:.l a> a> ::;:::;: ::0;:0 Zz f-<i.:.l -...J ~tz: ffi" :l.:l. ~ i; <= " c.. .:;; t:' ~ ~E :;: 5 tU E ;:. v <= U ;? E()-d ~ ..:: :=c:::c E "'" '" ':J ~ 'l.J 0 ;.. 0 ;.<0 3 8 a> 1:l ,,", >,;..; r"l t. E ::i: cC ~5~' c uS '.Il ,g ~ ~..'oJ ~ t:: ::: c ~ g >. a:i~~ i.:.l ~~ E .,~ ..r, "" '0 -5 .Eo' "'" ~ 'c " E 'Q <= " "" j Jj -;; "" , ~' G .~ C v E "l v :: ''> .: E g, ~ ~ :l <= ~ " ... 'S ... " 0: .. .s ... 8. ~ 0: ... <= " .. " 't: S ';; " :G 1 .. Ie " '" 3 :~ - ... ~ is g ~ ~ "l ~ Q. ~ v v -5 "" '" ~ " ~ .: '" <= ~ "" '0 <= " ~ "l "'" " '.> <= ~ ~ , .:2 -5 <= " ~u ~ 'g] ';;jJ"'!;I Ji ,!! '"X ':j E g, iL~ " i'l "" " - " "' - 5 ~ 8& ...J == :l " E ~ 'S ... ~ '" .. " 't: S ';; " ::;: =t~ =cn-- 'i: =! 0 .~.:= e~. " - :I oS 5 Z " ~j ~t;. 'i: f s ::: ,- ... " " " ... :;:... ~~ ., '" ~e .- " tIl", ill ,S! " -'i ::i ~~ '" .. " ... " ~ a:~ ...." ., .. .:: .. - ... " " " ;. :G< =~ ::: .. " ... c ~ << ~ " - c Z IS. ;., f-< ~ -a. e ~ "i1 " ~;.: :;.e ~ ';; ;:J ... ~ i .. ... ~ "t a> ~ ~ ",-0 E C ~ E "'" b~_~~ "":l 8 ~ Q.,I v e.::E tii ('": U iii '" " ~ .... ~ o ~, .... :;; ~ :::E _tii ~ - 8.~ u "" 0: - ::;: ii: 00 q< 0< E ~ E 'x ~ ::;: E ~ .~ ~ ~ ::;: o l:J ::;: ~ i.:.l U 0: i.:.l :l. g Ii: '0 .~; 8 v ~_ a 5 x u~;: _ u..;.-::: <= 0 ~ e <: ? ':..::E :-: ~cu f""; r"", u::J 'oJ::X; " ~ U'}"OVl-s;! ~ C G G - - o 0 w:. ~ ~ z .g ~ Go v ;.., b :;; .:: Si ~ :::E :::E ~ "3 "t " ~ 0: t: 8.. " 0: t: 8- " 0: E ~ E .;:; " ::;: E ~ E .;;;; :E ~ ::;: , '" l:J ::;: ;.. " '0 13 '0 Ir, c: ~ " ;::I 5;- B ;::I ~u'" :io:; s; t"l - E ~ E- o c:i o a> '" :;1 ? '" h\('IIJT\': I'IY~IITTIL Plant:lIJOll Kc! Go\'crnrnp'1l Center W\VTP iv10nrllc Cuunty BO~ITJ < >unly Commissioners ;)X." SllUlh Rt)(l~cYclt 13 I \'(1. ,,(.'~' Wes!. FL :~~040 PERl\.'lIT Nll~'1I3ER: PA FI, n:MBER: I'-LAO 14699 F1.AOI4699-002.DW 3P 2. Samples shall he taken at the monitoring ~ite lucations lish.:d in Permit Cl.lmlilipJ1 L B. 1 :lnd as des(:ri~d below: M()nitorjn~ Location J}cscription of ~lonitoring Location Site Numhl'r FLW.OI EJ;,m~ed lime mctcr~ on Dumps at dual P1l1l1tJ station. INF-OI ^~ indil.:ated in the aOlJli,,-ation. ..It the inlet line minr to ,lemlion, J, Inl1u~nt !'al11pll:~ shall be cnllci.'"lcd !'o that lhey dn not contain dip~stcr supernatant or return adi\'..ltc-d !'llldg~, or any pther plant pnll.:ess rC\.'Yl'lcd walers. Jo2-ofJ/.5()()(...JI] 4, EL.tpst'd time mctl'rs !'hall be utilized \() mC..lsure 11m\' and calibralcd at lcaq <.lnnu..l1ly. /62-(){)/.7JJfJ( J 7) (IIW' .5()()((j)} 5. Parumelers whit'h must he monitored as a result or a !'urfat:c watr.:r discharge shall be analyzed using a sulTi(icntly scnsili\'c rnclhlld in "l'cmdam:c with 40 CFR P<lrt 136. Pararnet~rs which must be rmmitl.lred as a result (If <.l gnlUnd water. di!'charge (i.c.. underground injection or land applic<.ltinn system) sh:.lll be analyzed in accordance ,>,'ith Chapter ():?~601. FACI1>2.(,2(J.I>JliI/8IJ 6. Th~ pennitlcc shall provide safe accc~s points. for obtaining representative intluent. reclaimed water. and cf:lucnt s:lmplcs ,,,,'hich arc required by this pcrmit./62.60/50CJf5l/ 7. Monitoring requirements under this permit are cffcdive on the first day of the sCl:ond month following permit issuance, Until such lime, the permittee shall continue to monitor and report in accordance with previously effective permit requirements. if any. During the period of operation authl)rizcd by this permit. the permittee shall complete and submit to the Department's South District Office Discharge Monitoring Reports (DMRs) in llc.:cordnnce wi1h the frequencies spcc.:i1icd by the REPORT lype (i.e.. monthly. loxic.:it)', quarterly. scmi~lnnual. annual. etl'.) indicated on the DMR forms attached tn this permit. Monitoring results for each monitoring period shall he submitted in accordance \1,:itl1 the associated DMR due dates below. REPORT Tyoe Mnnitorino Pcril)(] Due Date Monthly or First day of month - last day of 28m day of follov.'ing month Toxicitv month Quanerly January 1 ~ March 31 April 2& April I - June 30 July 28 July 1 - September 30 October :;8 October 1 - December 31 Januarv ~8 Semiannual January 1 - June 30 July 28 July 1 - December.11 Januarv ~8 Annual January 1 - December 31 January 28 DMRs shall he suhmitted fm each required ll10nilming period including months of nl.) dif.,charge. The permittee shall make copies of the attached DMR form(s) and shall submit the cI1mpleted DMR J(mll(s) to the Department's South District Office at the address specified in Permit Condition LB. 8 by the twenty.cighth (28th) of the month :'ol1owing the month of operation. 1~2-~2(J.I>JII( /8)"62-60J.3()/~ J). (2). "",I (3)J P<.Ige 5 of 18 h\l 'ILITY: f'1'.RMITTI'I': PhmtaLilll1 Key (jllvernmf"'1t Center W\VTP Monroe County Board t JUrlly Commissioners .l.583 South R00seveh Blvd. Key West, FL 33040 PERM'T NUv1BER: PA Fil 'UMBER: FLAO 14699 FLAO 14699-002-D\V3P 8. Unless specitied olhci'wlsC in thi~ permit. all reports and other infnrmalion requITed by this permit. including 24-hour notifications. shall be submitted to or reported to, as approprj~h:, the Dt'partTTlcnt's South District Office at the addrc;.is sped lied helnw: l:lorida Depmtmcnt of Envinmmental Prote~lion Marathon Regional Service Center 2796 Overseas Highway. Suite1::! I MaradHm. Florida .'U050-2217 Phone Numher - 13051 289-2310 "AX Numher - (305) 289-2314 All FAX copies shall be follO\I,.'cd hy original copies. All reports and other informmion shall be signed In accordance with lhL~ requirements of Rule 62-620.305. FA,C. /62-62o.305j 11. RESmUALS MANAGEMENT REQUIRE2\IENTS I. The method llf residuals lIse or disposal by this facility is as folJo\\'s: This f;j(.'ility participates in the Monroe County area- wide residuals disposal program. The county <.:ontrat'tor is hauling residuals 10 wm;tcwaler treatment plants outside of Monroe County via one of three residuals transfer sl;:ltinns :.IS identified in Permit No. FLA016967. Note: If this facility wishes to land apply residuals in the future the permittee shall make application to the Df'partment for a minor re\>'ision to permit conditions in accordance with F.A.C. Rule 62.620.32S(2)(c)(2}(c), prior to any land application. 2. Di~posal of the permittce's residuals directly to another W<lstewater tr~tment plnnl other than what is stated in specillc condition I and 5 of this section shall require the permittee to genernte the follnwing documentation and submit 10 the Department a minor revision to his permit for incorpnration of some. a. Permittee shall enter into an agreement with the receiving v."iJ,stcwalcr tre:\tmcnt fUl'ility (POTW Of Privately owned facilily) authorizing the permitlee to dispose of the residuals into the collC\:tinn transmission system of the W.W.T.P. b. Permittee shall m<.lintain agreements \,,'jlh the designated W.W.T.P. for the duration of this permit and provide the Department with an updated letter of authoriz3tion. Copies of the agreements shull be kept on file by Ihe permiuee for review by the Department. C. If the permittee changes treatment plants or adds other treatment pl:.tnts as disposal sites. the permittee shall notify the Department to relled the change. A minor rcvi!o\ion to the permit needs to ul~("..ompany this change along with the agreement aUlhorizing same. d. The permittee shall develop a manifest that documents, hy dote and quontity, the sludge removed from the t:,eility nnd delivered to the POT\V. The mnnife-st shall be:.u the original signatures of the authorized representatives of the POTW ;:md the hauler who is contracted by the permittee to huul the residuals to the POTW. Copies of this m:1nifest shall be kept on tile for Department review. c. A written agreement bctv.'ccn the licensed (Coul1ly and/or Dcpmtmcnl of Health licensed) sludge hauler and the permittee shalt be provided. This agreement shall document that the hauler accepts legal rcsponsibility for proper documentation. tmnsportation to the POT\V nnd propt:r disposal into the collct'tion/transrnission system of Ihe POTW. Proper documentation shall include a manifest for shipping and receiving with a receipt copy returned the permiuec to keep on file for Department review. .1 The permittee will not be held responsible for violations rC$ulting from land application of residuuls if the permittee can dcmnnstrate thnt it has delivered residuals that meet the param~l~r concentrations and appropriate trealment requirements of this rule and the applicr (e.g. hauler. contractor, site manager, or site owner) hOlS legally agreed in writing to accept re~ponsibi1ity for proper land application of the residuals. SUl.:h an agreemenl shall sl<.lte thallhe applicr agrees. upon delivery of residuals that have been treated as required by Chapter 62-640. F.A.C.. that he will accept responsihility for proper land application l)l' the residuals as required by Chapter 62-640. 1":.A.C.. and that the .lpplier <lgrces thaI he is Page 6 of 18 !,ACIlXIY, I'I-R\IITIU, Pbnl;.tlioll Key Go\'crnrTH'llt Center W\VTP tvlnnrnc COUnlY Bnard ()unty Commis~ioncrs ~)k,; Snuth Rnnsc'd.,:h Blvd. K~y WC~1. Fl.. :;:'O..lO PER!\'lTT NlltvtBER: PA 1'1, ,UMBER, FLAOI4699 FL\O 14699.002-DW3F aW~lrC pf and will comply with reqllifement~ for proper land application as. deslTiMed in the facility"s permit. (1/2-M!I,3I1!1(5),3-3!1-98{ .t. Should the mainland W\VTP require sludge anal:ysis of rcsiduab Of the hauling Dr residuals 10 the TnHinland \\lWTP for lrl:almcnt discontinue. the ~rmittcc shall s~lmple i.ll1d analyze lhc residuals at lci.lsl once every I:! months. All samples :-.h:.t11 he repl'cscnlative and stwll be laken after fimll treatment of the residuals but before u~e or disposal. Sampling Jnd ana]y!\i~ sh.lIl ne in i:Il.:cordancc with the U S. Environmental Pmtecti{)ll Agcnl:Y puhlk'.ltinn . POT\\' Slud~e S<lmDlin~ ami "\n;jl\':>i~ Guid.lOce DOI.:umenL 1989. The fl\lIn"ing par~IlTId~r~ ~h;llI h~ sampled and analyzed: P,lf<lmctcr C~iling COOl:cntrations C11l11ll1:.Iti\'c .-\pplication Limlls ISIn~1e Samnle) Tot;.1! Nitrogen (Report (,nlyl (1- dry weight Not applicable Total Phosphorus (Report only) (If dry weighl Not ~lpplicablc Tnwl Pnt.lssium (Report only) r'r dry \\leight Nnt applil.:able Arscni<.: 75 mykg dry weight 36.6 poundsla<.:rc Cadmium 85 mfJ'kg dry weight l-l.R pounds lucre Copper .000 mglkg dry weight 1340 pounds/acre Lead 840 mglkg dry wcight ~68 pounds/acre Mercury 57 mg/kg. dry weight 15.1 pounds/acre Molybdenum 75 m~kg dry weight Not applicable Nickel -1.20 mgIkg dry weight 375 pounds/acre Selenium 100 mglkg dry weight 89,3 pounds/acre Zinc 7500 mglkg dry weight 2500 pounds/acre Ph (Report <mil') standard units Not applicahle Total Solids (Report on! y) (;( Not applicable (62-MO,li5IH f), li2-MO, 700( f), 62-MO, 70(# 31(M, (/lId 62.!i40, 85(H 3), 3-30-98) Page 7 of IX Plantallon Key Governmp'1t Center W\VTP Munroe County BDard , ~JUnly Commission.;rs :;5x~ South Roosevelt Blvd. Kcy West. FL 33040 h\UI"JTY: PI:RMITTEF: l'ERM1T NIIMBER: PA FI, ;UMBER: FLA014699 FLAOI4699-002-D\V3P 5. The permittee ~hal1 keep hauling records to tral.:k the transport of residuals nct\\'een fal..'ilities. lhe hauling rcc(lrds shall contain the f\llh)\\iing. information: Source, FacilitY l. Dale and Time Shipped 2. Amount (If Residuals Shipped 3. Degree of Treatment (if npplicablc) J. N;lI11e nnd ID Number of Residuals Management Facility or Treatment Facility 5. Signature of Responsible Party at Source Fal'ility n. Signature of Hauler and Name of Hlluling Firm Residuals Man.U!emenl F<.Icilitv (lr Treatment Fa<.:ilitv 1. Date and Time Rc<.:eived 2. Amount of Residuals RCl.:eived 3. Name and ID Number of Soun.:c Facility ..L Signature of Hauler 5. Signature nfRc~pollsible Pmty at Residuals Management Facility (1r TrcJtm~~nt Facility These records shall be kcpt for five years and shtlll be ffi3de available for inspection upon reque;;;t by the Department. A (:opy of the hi.lUling rccords information maintained by the source facility shall be provided upon delivery of the residuals to the residuals management facility or treatment facility. The permittee shall report to the Department \\'ithin 24 hours of discovery any discrepancy in the quantity of residuals leaving the source fadlity tlnd arriving at the residuals management facility or treatment facility. {62-640.8S0(4)j 6. SlC1rage of residuals or other solids at the permitted facility sh,,11 require prior written notification to the Department if the storage lasts longer than 30 days. {62-040.301J(4I/ Ill. GROUND WATER REQUIREMENTS Construction Requirements Section III. Construction Requirements. is not applicable to this facility. Operational Requirements I. The ground water minimum crileria specified in Rule 62-520.400 FA.C. shall he met at the point of discharge. (62- 520.400 and 62-520.430/ Section IV is not applicable to this facility. IV. ADDITIOSAL REUSE AND LAND APPLICA TION REQUIREMENTS V. OPERATION A1'ID MAINTENANCE REQUIREMENTS 1. During the period of operation authorized by this permit. the wUstC\"'ater htcilitics shall be operated under the supervision of a(n) operator(s) certified in accordance with Chapter 62w60:!. F.A.C. In accordance with Chapter 62w699. F.A.c.. this facility is a Category III. Class D facility ::Ind. at a minimum. operators with approprinte certification must be on the site as follows: A Class D or higher operator for 3 nonconsecutive visits/v'leek for 1 112 hours/week. The lead operator must be a Class D operator. or higher. (62.62().63(~3)/ {62-699.3JO/ {62-6JO.462{ 2. An Clpt..~.Hor meeting the lead operator c1assitication level of the plant shall be available during all periods of plant operation. uAVi.lilablc" means able to be contacted as needed to initiate the appropriate action in a timely manner. Daily checks uf the plant shall be performed by the permittee or his representative or agent 5 days per week. On those days Page R of 18 h\CIUTY: PFR'v1II'TLL' l'l:mt.lllt111 Kt.::y Ci()\er-nrnr"" Center WW-IP \'-lonrut: Coun!y Bo~rd ( ,unty Commissioners ;:;:-;" Soulh R()o,;c\l.:lt Blvd. Key \\'l:!-ll. FL ?\~O..1O PER~lrr ,U~lI3ER; P,\ HL ,tiMBER: H.AO J -l6q~ 1~L\Dl-\.6Y9-002-l)\V3 P \vhcn the fal:ility is not ::-tatTcd by a l;ertiticd oper;IIOf. the !'cfmittce ::-h.ll1 t'n:-un: that flow. pH. Total Rcs.idual Chlorine (For Disinkl.>tionl are mflnitorcd in a..:t:oruam:e with Part I (If this permit. 162-6<JlJ.311( 11/ J. The applil,,"ation III rene\\' Ihis permit shall include an updated capauty an.dysis n'-p"l"t pn.:p;m;d in accordance with Rule (,2.(,00,405, FAC (62.6()(},~IJ5151) -t.. The applkalinn to renew this permit shall im:ludc a detailed ~\pcrati(\n and maintcnanl'C performance report prepared in <.Kcmu.lnr:c wilh Rul~ 62-N)().735. FAc. f62-N)().735( J)j S. The permittee sh~llI maint<lin the ftllJov.'ing rCl'ClJ'C!s and make them ;wailable fur in~pel'tinn on the site of tht: pcrmillcd fadlit): il. Records of all l:nmpliam:c monitoring informalil,)n, im:luding all \.'alibratitln and maintenance records and all original s.trip \.'h.ut rccnrdings for continuous monilnring in~trumelltati()n and a copy l)f the laboratory certification showing the l.:crtitication number of the laboratory, for alle-ast three years from the date the sample or rnc.:asurcmcnt was taken; b. Copies of all reports. required by the permit for at least three years from the date the reports were prepJred: c. Records of all daUl, induding reports and documents. used to complete the ilppliC'~tion for the permit for at least three years from the date the application was rilcd~ d. Monitoring information. including a copy of the laboratory certification showing the laboratory certification number. related to the residuals use and disposal activities for the:: time period set forth in Chapter 62-640. F.A.C" for nt least three ye:us from the dnte of sampling. or measurement; ~. A copy of the current permit: f, A copy of the current operation and maintenance manual as required by Chapter 62.600.. F.A.C: g. A copy of the facility record drawings: h. Copies of the licenses of the current certified operators; and I. Copies of the logs and schedules shm\:ing plant opcrutions and equipment muintcnuncc for three years from the date of the logs or schedules. The logs shall. at a minimum. include identification ufthe plant; the signature and (,"crtification number of the operator(s) and the signature of the pcrson(s) making any entries: date and time in and out: specific ope-ration and maintenaoce aCli\'lties; tcs.ls performed and s:lmplcs taken: and mnjor repaIrs made. The logs shall be maintained on-site in a hxation acc.:cssiblc 10 ~4.hour inspection, protcc.:tcd from weather damage. and c.:urrent to the last operation and maintenance pl:rformcd. (62.6"2U35IJ/ VI. SCHEDULES Section VI is not applicable to this facility. VII. INDUSTRIAL I'RETREATMENT PROGRAM REQUlREI\IENTS This facility is not required to have a prctrcutment progrnm at thb time. (62-625.500] VIII. OTHER SPECIFIC CONDITIONS 1. If the permittee wi!i.hes to continue operation of this wastewater facility after the expiration dale of lhis permit. the permittee shall submit an application for renc\\'al. using Department Forms 62-620.910< 1) and (1). no Inter than one- hundred and eight)' days (180) prior to the expimtion date of this permit. /62-()20.4JO(5)f Pag.e 9 of IS h\UUTY I'ERMITIEE: l)bnt~\tl\H1 Key Guvcml11'''-''1 (\:nter \vWTP ~'l\lnfll\: County Hoard ( Itlnly Commis:';loners .1:'iH.:. Sntllh R.oosevelt Blvd. Kcy Wcst. FL 33040 rER~1r" 'TMHER PA i'lL .UMBER: 1--'1.t\01-!-699 Fl...\O 14699.002.J)\V3P '1 Florida waleI' quality lTiteria und stand:.trds sh:Jll not he \'iolated a~ a result nf any discharge nr land application of rcd<limcd WJtcr nr r~:--jduab from this facility. .3. In the .:vcnt that the treatment facilities or equipment no longer fum:tinn as intended, arc no longer safe in terms of public health and safety. Ilf odor. noise. aerosol drift. or lighting <.uJ"l:rsely affci.:ts ncighbnring developed areas at lhc kn:1s prohi\1itcd by Rule 6:!-600.-l00C!)(a), F.A.C.. l'llrrct.:ti"e action \ which may include addition;!\ maintenance or rnlldili..;':!tions urthe permitted fal'ililies) :-.h:tll be taken by Ihe pcnnith::c. Othcr ,,:urrc(llvt.: adion may be required In cll!>un: l'\\lnplii.ln\.'c wilh rules \)1' the Departm\.'nl. Addili\l11ally. the treatment. m:tllagcmt..'111. use or land app:icali'm Ill" rcs.id\l:ll~ shall nlll calise a \'iolatinn of the odnr pHlhibitinn in Rule ()2-:;'96.";:~"OI ~ I. F.A.C. {()2-6f)()...J /(N,')) (///(1 ()2- ()~0.40()("11 4, rhe ddih"r,lh.: intrOl.lui.'tion of ~torlllwatcr in any nlllount into ('olkL'tinnJtrallsmi~silln systems designed solely for the inlrndlll.:tinn (and COI1\'cyanl'e l p1' domestil':induslrial wastc\\'akr; (lj" the Jclib~ratc intTl'lduction of s!ormw:Itc:r inln cnllcctilln/transmission systems designed for the introduction or \.'ol1\'e-yance of comhinollions of Sl{lrrn and Jomcslll.:/imJustrial wastew:.ller in amounts which may redu\.'c the cnk'ieOt.~y of pollut.101 removal hy the Irc:ltmenl plant is prohihitcd. except as provided by Rule 62.610..172. FAC. /f>].()(I~.I.H~311 5. Collcl.:lion/tr:msmission system ovcrtlows sh<tll oe rcp{)rlcd 10 the Department in u('.'l.:ordancc wilh Permit Condition IX. 20. {(,2.f>M.5511! {"],"]O."/(~201{ 6. The operating authority of a collcctinnltran-;mission system and the permittee of a treatment plant aTC prohibited from accepting connections of wastewater discharges whk'h have not rCl'ei\'cd nCi;cssary pretrc:.ttmenl or \\hil:h contain materials or pollutants (other than normal comcstic waslcwaler constituents): a, Whirh may l'aUsc lire or explosion h:'lZards; or b. Which may C:lUse excessive corrosion or other deterioration of wastc\\"i.\lcr fad lilies due (0 chcmkal action or pH levds;or c. \Vhich are solid or viscous and obstruct now m otherwise interfere \,-,ith waslcwah:r facility operations or trciJlmen1; or d. Which result in treatment plant discharges having. temperatures aht"wc .to"C. 1"2.604./30(4 I] 7. The treatment f:::tcility, storage ponds. rapid intlltration basins. and/or infiltration trenches shall be endosed v.'ith a fence or otherwi:o;.e provided with features to discrmrage lhe entry of animal:;. :md unuuthori1.ed persons. (62-6(JO"'O{)( 2 UbI) 8. Screenings and grit removed from the wastcv.."utcr facilities shall be collected in suitable l'ontaincrs :md hauled to a Department approved Class llandtill Dr to a 1.lndfill approvcd by the Dcpurtmcnt fur rCt.'ciptJdi:-;posal of screenings and grit. {"2.70/..UX~ J liai{ 9, The permittee shall provide .ldequatc nOlice to the Department of the follpwing: a. Any new introduction uf pollutant.s into the facility from an industrial dh:chargcr which would he subject to Chapler 403. F.S.. and the requirements of Ch<:.ptcr 62-620, F.A.C. if it \\'en~ directly disdlarging those pollutants; and b. Any substantial ,hange in Ihe volume ,)r chma1.,:lcr of pollut;mts being introduced intn th:lt facility by a soun;c which WlIS identified in Ihe permit applicntio:1 ;lI1d known to be discharging at the time the permit was issued. ^d~quatc notice shall indude information on the quality and quantity of effluent imroduced into the facililY and any :lnticil'3lcd impact of the change on (he quantity or quality of cflluent or redaimed water ro be disl.:hargcd from the facility. {(,2.0]O,(,25(2){ Page 10 of IR FAC1LlTY: l'LR~lITTEE: Planlali(}n Key Go\'crnm....'l Cenl(.;:IWWTP !\hmroe C\\l.lllty Board c .mnty Commissioners, _~583 South Roosevelt BinI. Key We'l. FL 33040 pF.R~lr" "l:MBER: PA I'lL ,U:VlBER: FL\OI-lW9 l'LA014b99-002-DW3P IX. GENERAL CONDITIONS J. The terms, (''llndi!ions. requiremems. limitatitms and restrictions set forth in this permit are binding and enforceable pur:-:uant to Ch<1pter 403. Florida Statutes. Any permit noncomplian<:e cpnslitutes a violatilln of Chapter 403. Florida Statute:-;, ,ltH.l is gl'Ounds for enforcement ~ll'tiO!1. permit tcrmin;Jiioll. permit rc\'ot.'atio!1 ilnd reissuant:c. or permit n;vision. [()2-()211.{jf1l(11} , This permit is \'alid only for the spcL:itic pr(lces~es and operations .Ipplied for and indkatcd in the approved dra\'..-ings or exhibits. Any unauthorized deviations from the approved drawings. exhibits. ~p"cirl(::'l.1jons Of conuitions of this permit consTilute~ grounds for fevocation nnd enforn:mcnt al..'lion by the Department. f62-620.oJO(2)} 3. 1\.<.; provided in Subs.ection 403.087(6). F.S.. the issuance of this permit docs not I,.'onvey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private prop"'rty or any invasion nrpersonal rights. nor authorize any infringement of federal. slate. or local 1:.1\''''5 or regulations. This permit is not a waiver of or approval (if any olher Dl.:partment permit or authoriz.ation thai may he required tt."lr other aspects of the IOtal project whkh :Irc not addressed in this permit. [r,2-620.6j(~311 4. This permit conveys no title to land or water. does not constitute st:lte rCr.'ognition Of acknmvledgment of title. and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or Ica~ehold interests have neen obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. 162-620.6JOf.-IJ} 5. This permit does not relieve the permittee from liability and pennlties for h~lTm m injury to human health or welfare. animal or plant life. or property caused by the construction or operation of this permitted souree~ nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules. unless specifically <Juthorized by an order from the Department. The permiUee shall take all reasonable steps to minimize or prevent any dis.:harge. reuse of reclaimed water. or residuals use or dispnsal in viol<ltion ()f this permit whkh has a reasonable likelihood of adversely affecting human health or the environment. It shall nol he a defense for a permittee in an enforcement nction that it would have been necessary to halt or reduce the permilted .u::tivity in order tl,l m<lintain compliance with the ~unditions of this permit. [62-620.('/0(51} 6. If the permittee wishes to continue an activity regulated by this permit nfter its expiration d3te. the permittee shnll apply It" and ohlain a new permit. 162-620.6J(~6)/ 7. The permittee shall at all times properly operate and mnintain the facility and systems of treatment and control. and related appurtenances, that arc installed and used by the permittee to achieve complinncc with the conditions of this permit. This provision includes the operation of backup or auxiliary f3cilities or similar systems when necessary to maintain or achieve compliance with the conditions of the permit. {62-620.6/(0)j 8. This permit may be modified. revoked and reissued. or terminated for caul'c. The tiling of a request by the permittee for a permit revision, re\'ocation <lnd reissuance. or termination. or i.I notification (If pl~mncd changes or anticipated noncllmpliance does not stay any permit condition. /62-620.6/0(8" 9. The permittee. by accepting this permit. specifically agrees to allow .luthoril.ed Department personnel. including an authorized representative of the Department and <luthorilcd EPA personnel. when applicable. upon presentation of credentials or other documents as may be required by law. and at reasonable times. depending upon the nalure of the concern being investigated. to: a. Enter upon the permittee's premises where a rcguluted fOlcility. system. or activity is located or condudcd. or \\'here records sh<lll be kept under the conditions of this permit~ b. Have access to and copy .:my records that shall be kept under the conditions of this permit: c. rnspect the facilities. equipment, practices. or operations regulated or required under this permit~ and d. Sample or monitor any substanccs or parameters at any locution necessary to assure I..'ompliancc with this permit or I)epilrlmcnt rules. Page II of 18 !ACII'JTY: PU,~11TTFE: I'tanlati,lll Key GuverlllD'..~t Ccnlcr W\VTP \.lOl1rnc County Board l )tmty Commlsbioncrs .))X., South Rooscvdt Blvd. Key WL'st. FL 3",O~O PERMIT "UMBER: PA FII .l:MBER: H.AOI469Y 1'I.'\0146'N.002.DWW (62.620.0I0(91{ 10. In :\l'l.:cpting this permit the permittee understands and agrees that all records. notes. monitoring data, and other in(nrrnnlion rdating to the construction or operation of this permitted source whkh are submitted to the Department may he lIsed by the Dep,utment.as evidence in any enforcement CiJse involving the permillcd source arising under the Flurida Statutes or Department rules. except as such use is proscrihed hy Section 403.111. Florida Statutes, or Rule 62-620.302. Florioa Adl11ini~lrativc Code. SUl.:h evidence shall only be used to the extent tlwl it is consistent with the Florid;) Rules of Ci\'il Pnl~~durc and applicable evidentiary rule:>;. /62.o20.61()( J{})/ 11. \Vh~n rcqllC'st~d hy the Department. the permittee ~hall within a re",sonablc time pmvide any information required by la\\.' whiL'h is needed to determine \\hether there is cause for revising, revoking and n:issuing, or terminating this permit. Dr In determine r..'(lmplian~e with the permit. The perrnillce shall also provide to thc Dcpurtmenl upon request cupies of H.'c()rds required hy this permit tn be kept. If the permittee bec()mcs a\\'arc of relevant facts that were not submiHcd or \\'cre inl.:tlrrcct in the permit application or in any report tn the Dep~lrtmcnt. such facts or information shall be promptly suhmitted ur l'orrcctions promptly reported to the Department. {62~(,2{).610( II If 12. Onle....s spccilically stated othcrv.'ise in Department rules. the permittee. in .K'l'epting this permit. agrees to comply with c114lngcs in Department rules and Florida Statutes after a reasonable time for I.:omplianl.:c; provided. however, the permittee docs not waive any other rights granted hy Florida Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard. other th:\O those standards addressed 10 Rule 62- 302.500, FA.C., shall include a reasonable time to obtain or be denied a mixing zone for the new nr amended standard. {62.620.6}(~ 12j{ 13. The permittee, in accepting this permit. agrees to pay the applil.:ablc regulatory program and surveillance fee in accordance with Rule 62'4.052, F.A.C. {62.620.610( 131/ 14. This permit is transferable only upon Department approval in <Iccordanl.:c \l,'ith Rule 62.620.340. FA.C. The pcrmitlee shall be liable for any noncompliance of the permitted activity until the transfer is I.lppro\'cd by the Department. (62- 620.610( 14){ 15. The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of a wastewater facility and shall specify what steps will be taken to snfeguard public health and safety during and follow'ing inactivation or abandonment. /62-620.6/0( 15J/ 16. The permittee shall apply for a revision to the Department permit in accordance with Rules 62-620.300 and Ihe Department of Environmental Protection Guide to \Vastewater Permitting nlle3s.t 90 days before construction of any planned substantial modifications to the permitted facility is to l'OmmtOl..'C or with Rule 62-620.325(2) for minor modifications to the permitted facility, A revised permit shuH be obtnined before l'onstruction begins except as provided in Rule 62.620.300, FAC. (62.62().6j(~/6){ J 7. The permittee shall give advance notice to the Deparlment of any plunned changes in the permitted facility or activity whil"h may result in nonr..'ompliance with permit requirements. The permittee !>hull he responsible for any and all dam~lges which may result from the changes and may be subject to enforcement action by the Department for penalties or revocation of this permit. The notice shull indude the follmving intl,rmation: a. A description of the anticipated noncompliancc~ h. The period of the anticipated noncompliance, including dates and times; and c. Steps being taken to prevent future occurrence of the noncompliance. (62.620.6JrX 17){ 18, Sampling and monitoring data shall be collected and nnalyzed in accordancc with Rule 62-4.2':6, Chapters 62-160 and 62-(,OJ, FA.C., and 40 CFR 136, as appropriate. Page 12 of 18 b\CI!:ITY: PloRMITTEl', Plantatioll Key (i-overnm''''l C"ntcr \V\VTP Mnnroe County BO~lrd ( Junty Commissioners 35X3 South Roos~velt l31vd. Key W<,(. FL 33040 PERMr)' NliMBER: P^ I'll lUMBER: FI.AOl4699 H .AOI4699-002. DWW a. MOllitnring results ,shall be reported al the interviJls specified elsewhere in this permit and shall be reported on <l Discharge MonilClfing Report {DMR). DE? Form 62.620.910( 10). h. If tht:: permittee monitors any contaminant more frequL:nlly than required by the permit, using Department approved test pn)ccdun:s. th~ results of thi:;; monitoring shall he included in the cakulatilln und reporting of the data submitted in the DMR. c. Cakuhltions for all limitations which require <\vefilging ~)r mea~uremcnts ~hall u~e an arithmetic mCi1n unless othcl'wlz;e :"pcdficd in this permit. d. Any lahoratory te:->I required hy this permit shall be pl.:rformed by a laooratory that has bCl.:1l certified by the DCl'ilrtmenl of Health (DOH) under Chapter 6.tE-1. F.A.C.. where such cenificilthm is required by Rule 61.160.300. FAt'. The IJbnratory must be certified for any specific method and analyte combination thai is used to comply v..'ilh this permit. For domestic wastewater i'al'ilitie:o.. the on-site Ic~t procedures specified in Rule 62-160.300(4). F.A.C.. :o.hnll be performed by:.I lahorntory certified tes.t for those p~lrameters OJ' under the direction of ~m operator cenilied under Chapter 62-602. F.A.C. c. Field 3di\'ities induding on. site tests :md sample collection. whether performed hy a laboratory or a certitied operator. must follow the applicable procedures described in DEP-SOP-001IOI (January 2(02). Allernate field procedures and laboratory methods m:'IY be used where they have been nppro\'cd according. to the rcqUlrernents of Rule, 62-160.220. and 62-160.330. F.A.C. {62-620.61(}( IS){ [9. Reports of (.:ompli.mce or noncompJiall(.'e \\'ith.. or any progress reports on. interim and tinal requirements contained in any compli:'lOce schedule detailed elsewhere in this permit Sh.lll be submitted no later than 14 days following each schedule date. (62-620.610(1911 20. The permittee shall report to the Department any nonc:ompli:.mt'c which may end3.nger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five d3YS of the time the permittee becomes aW:lre of the circumstilm:es. The written submission shall contain: a description of the noncompliance nnd its cause~ the period of noncompliance including exact dates and time. and if the noncompliance has n01 bt...~n l:orrcl:ted.. the unticipated time it is e.'l\.pccted to continue; and steps taken or planned to reduce. eliminate. and prevent recurrence of the noncOmpli~lOl:e. a. The following shall be included as information which must he reported v,'ithin 24 hours under this cnndition: 1. Any unanticipated bypass whil:h causes any reclaimed wate-r or efnuent to exceed :.my permit limitation or results in an unpermitted discharge. 2. Any upset which causes any reclaimed water or the diluent to exceed any limitation in the permit. 3. Violation of a maximum daily disc.:hargc limitation for any of the pullutnnt$ spedlica!ly listed in the permit for sw.:h notice. and 4. Any unauthorized discharge to surface or ground \I.'aters. b. Oral reports as required by this subsection shall be provided as follows: J. For unauthorized releases or spills of treated or untreated wastewater reported pursuant to subparagrnph 3.4 that are in exccss of 1,000 galIons per incident. or where information indicates that public health or the environment will be endangered. oral reports shall be provided 10 the Departm<nl by calling the ST ATE WARNING POINT TOLL FREE NUMBER (800) 320-0519. as ,oon a, practical, but no later than 24 hours from Ih< time Ihe t~rmittce becomes aware of the discharge. The permittee. to the extent known. shall provide the following information to the State Warning Point: a) Name. address. and telephone number of person reporting; Page 13 of 18 r,,\CII.lTY: I'EKMITTEF: Planlnlion Key (loverrHYl"""'\ Center WWTP Monroe County Board ( ,IUllty Commissioners 35R3 South R~l(ls.e\'dl Blvd. Key West, FL 3.,040 rERMF NlIMBER: 1'1\ FlL ,UMBER: I 'LAO 14699 FLAO 1 4699-002-D\\'31' h) Name. address. and telephone number of permittee lJf rcspon::-;ible person for the dischargc~ r) Date and time of the discharge and SWIllS of dis(:h.l1"gc (ongoing 01" L.t.:'ascd)~ 1.1) Char..lclerif'li.:s ofthl' wastewater spilled or released (untn::tlcd or treated. industri:.tl or dnlTIcstic \vast~watcr); e I ESllm;lIed amount of the dist'hargc: Ii Location or ;lddress of the discharge; g) Soun.:c and L'ausc of the discharge: hi \Vhclh("r the dis;:hmge was (ontaincd on-site. and l..'lc;mup :!I.:tions \;lkcn to date: I) DcsL'fiplion of area alfeL'tl:d by the discharge, including nallle of water body affected. if any: and i) Other perSllnS or agencies cont.H..-ted. 2. Oral reports. not otherwise required to he provided pursuant to subparagraph h.1 ..\bove. shall be provided to the Department within 24 hnur~ from the time the pcrmillce bCnlnlCS nware of the l:in.:umstanccs. c. lfthe oral report has been received within 24 hours. the noncompliance has been l.:nrrecfed. and the nO!'\l:ompliance did not endanger health or the environment, the Department shall waive the written report. lo2-o2(),61(~ 2011 21. The permittee shall report all instances of nom:ompliancc not reported under Permit Conditions IX. 18. and 19. of this permit at the time monitoring reports are submitted. This report shall cnnl<.lin the same informntion requircd by Permit Condition IX, 20. of this permit. lo2-o2(),611~211/ 22. Bypass Provisions. J. Bypass is prohibited. and the Dep:Jrtment may take enforcement action against a permittee for bypass. unless the permittee affirmatively demonstrates that: 1. Bypass was unavoidable to prevent loss of life. personal injury. or Severe pn)perty dnmage; and , There were no feasible alternotives to the bypass, such as the use "I' auxiliary treatment facilities, retention "I' untreated wastes. or maintenance during normal periods nf equipment do\vntime. This condition is not sutisfied jf adequate back-up equipment should havc been installed in the ~xercise of reasonable engineering judgmcnt to prevent a hypass ""hich Dc-tuned during. normal periods 1.11' equipment dl.wnllime or preventive maintenance; and 3, The permittee suhmitted noth,:cs as required under Permit Condition IX. 12, b. of this permit. b. If the permittee knows in advance 1.11' the need for a bypass. it ~haJl submit prior notice tn the Department. if possible at Ieast 10 days before the date of the bypass, The permittee shall submit notice "f an unanticipated bypass within 24 lH1urs of learning atxmt the bypu!'s as required in Ptrmit Condition lX. 20. of this permit. A notice shall include a description of the byp:lsS and its cause; the period of the bYP~ISS. including exact dales and times: if the bypass has not been corrected. the anticipated time it is ex.pected to continue; and the steps taken or planned to redUl:c, eliminate. .tnd prevent recurrence of the bypass. c. The Department shall approve an anticipated bypass, after considering its adverse effect. if the permittee dcmnnslrates that il will meet the three conditions listed in Permit Condition IX. 22. a. I. through .1. of this permit. d, ^ permittee may allow any bypass 10 occur \I,'hich does not calise reclaimed water or cmucnt limitations to be e"ceeded if it is for essential maintenance to assure efficient operation. These bypasses arc not subject to the pmvhdons of Pem,it Condition IX. 12. a. through c. of this permit. Page 14 of 18 !A'("fl.ITY: I'FRMITTI'E: Pbnl.llillJ1 Key Guvcrnm""t Center \V\VTP Monroe ('\)un~y Board ( lunty Cl'mmissinncrs .'tSR:1 South Rnm,evell Blvd. Key Wes'- FL 3304(J PERI\H'P '\.ILiMBER: Pi\ HI. ,I'MBER: FL1\0 I 4699 FLt\\J14699-002-DW.11' (62-',211,(,/0(22)1 2.~, t !pset Provi....ions a. A p~rtniltcc who v.'i:o.hcs to c:-otablish the :\ftinnativc Jefcn.se of upset shall demol1slr;ne. through properly signed conlcmpllrancillls llpcrating.logs. or other rclevant c\iucnn: that: I. An llpsc:l (l(,.'currcd .md that the pcnniltcc (,.'an identify the L'<luse(sl nf the llrs~t: , The permitted fal.:ility was althe time being pl\\perly operated: :;, Tilt' pcrl11illce submitted nolice of the upset as required in Permit CDndition IX. 20. of this permit; and .I. The pl.:rmittcc complied v.'ith any r~mcdial measures required under Permit Condition IX. 5. of this permit. b. In any cnfon.:emenl prol..'ccding. the burden of proof for establishing the OCl.:urrcnl'C nf 311 upset rests wilh the permittee. l'. Before an enforcement procceding. is im;(ituted. no representation made during the Department revic\'o' of a claim that noncompliance was caw,;cd by an upset is linal agency action subject to jlldkl~\1 review. 162-620,r,JO( 23 II X. INJECTION WELLS 1. General Criteria a_ The terms. conditions. requirements. limitations and re'trictions 'et tOrlh in thi, permit arc "permll condilion," and arc hinding and enforceable pursuant to section 40~, 141. F.S. b. This permit is valid only for the specific processes and nperati<.lOs applied for and indicated in the approvcd drawings or exhibits. Any unauthorized deviation from the approved drawings. exhibits, specitications. or conditions of this permit may constitute grounds for revocation and cnforl'emenl action, c. As provided in subseclion 403.087(71. F.S.. the il'isuance of this permit dc..)e$ not convey any_ vested rights or exdu~iv~ privileges. Neither does it authorize any injury lo public or private property or ;:my invasion of personal rights. nor infringement of federal. state. or local la\\'R or regul.ltions. This permil is not a waiver of or approval of any other Department permit th<ll may be required for other aspects of the total pl'Oject whkh arc nOI addressed in this permit. d. This permit conveys no title to Innd. water. docs not I.:onstitutc StOlte recognition or acknowledgment of title. and docs not constitute authority for the use of submerged lands unless herein provided and the necessary title or le..!'chold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express Slale opinion as to title. e. Thi~ permit docs not relieve the pcnniuee from liability for harm to human hcahh or welfare. animal. or plant life, or properly caused by the c<lnstruclion or opcratilln of this permitted soun.'c. or ff()m penalties therefrom: nor docs it allow the permittee 10 cause pollution in contravention of Florida Statutes :lnd Department rules, unless spccilicaJly authorized by an order from the Department. t'. The pennillee ,hall properly Ilperate and maintain Ihe facility and system, Ill' Ireatmenl and clllllml (and rclaled ap-purlcnanl.cs) that are installed and used by the pcrmiUee 10 achieve compli:mce with the conditions of this permil. llr .Ire required by Department rules. This provision includes the oper:ltion of b~:ll'kup or ;llIxiliary facilities or similar systems when necessary 10 achieve compli<lnce with the conditions of the permit and when required hy Depiutmcnt rules. Page 15 of 18 1.;\Cil:IIY: I'I:KM 1111'.1-:' l'bnlation Key (Jovernm"""lt CL.:lltCf W\VTP l\'lnnro~ ('nunty BOllid ( Junty C()mmis~iont'rs J5SJ South Roosevdtl3lvd. Key We:-:.t. FL 33040 I'[RMI~ ,"U\.lBER: I'A I'll JU;vlBER: FLA 014699 FLAO 14699-002-DW 3 P g. The penniucc. by accepting this pennit. spccitically agrees to "now authorized Department personnel, upon presentation of credentials or other documents as may be required hy l:l\V and at rcasomlble limes. access. to the premises where the permitted activity is located or conducted to: I, IIave m;ccss to and copy any records that must be kept under conditions of this permit: 2. Inspect the facility. equipment. practices. or oper<ltions regulated or required under this permit; and 3 Sample or monitor any subsLunccs or parameters at any location reasonably necessary to assure l.:nrnplii-tm:c with this permit or Depanment rules. Reasonable time will depend on the nature of the concern being investigated. h, if. for any reuson. the permittee does not comply with N will be unable to comply \vilh any (;ondition or limitation spc\:ifIed in this permit. the permittee shall immediately pro\'ide the Department \\ith the following information: 1. A description of rmd came of noncompli.mcc; and 2. The period of noncompliance. im:luding dates and times: Of, if not corrected the ;mticipatcd time the noncf1mpliance is expected to continue. and steps being: taken to reduce. eliminate. Gnd prevent the recurrence of the noncompliance. The permittee shall he responsible for any and all damages which may result and may be subjcL:t to enforcement action by the Department 1l.1r penalties or for revocation of this permit. i. In ac,epting this permit. the permittee understands and agrees that all records. notes. monitoring data and other information relating to the construction or operation of this permitted source \\'hich :lrc submitted to the Department may be used by the Department as evidenL"c in any enforcement cuse invohing the permitted source arising under the Florida Statutes or Department rules. except ",'here such use is proscribed by sel:tions ~03.lll and 403.71. F.S. Such evidence shall only be used to the extent it is consistent with the Florid:l Rules of Civil Procedure and appropriate e\identiary rules. j. The permittee agrees to comply with ch3nges in Department rules. and Florida Statutes aFter a reasonable time for c()mpliance~ provided, howeycr. the permittee does not waive un)' other rights. grnnled by Florida Statutes or Department rules. k. This permit is transferable only upt:m Department approval in accordance with rules 62-~.120 and 62-528.350. F.A.C. The permittee shall be liable for any non-compliance of the permitted .lctivit)' until the transfer is approved by the Department. I. This permit or a copy thereof shall be kept at the wnrk :-;ite of the permitted activity. m. The permittee shall comply with the follo\A.'ing:: L Upon request the permittee shull rurnbh all records and plans required under Department rules. During enforcement 31.:tions. the retention peri{)d for .111 records shall be extended automatically unless the Department determines thllllhe records arc no longcr required. 2. The permittee shall hold at the facility or other location designated hy this permit rct.:ords of all monitoring information required by the permit copies of all reports required by this permit. and records of all data used to complete the application for this permit. These materials shall be retained at least three years from the dal~ of the sample. measurement. rClxJrt. or applkalion unless otherwise specified by Department rule. 3. Records of monitoring information shall include: 3. the date. exact place. and time of sampling or measurements; b. the person responsible for performing. the sampling or measurcmcllls~ c. the dates 3nalyses were performed: d. the person responsible for performing the analyses; e. [he analytkal techniques or methods used: f. thc results of such analyses. 4. The permittee shall furnish to the Departm~nt. within the time requc:'>ted in writing. <lny information which the Department requests to determine \vhcther cause exists for modifying. Page 16 of 18 ~ bICILlTY, PERMITTEE: Plantar ion Key Grwcrml1'''''\ Center WWTP Monroe County Board \ ,)unty Commis'iitlners ~~l<n SOllth Roosevelt Blvd. Key Wc~t. Fl. 33040 PETU..11'J' NlJMRER: rA I'll ;t:MBER: FLAOl4699 FLAOJ4699-002-D\V3P revoking and reissuing, or terminating this permit, or 10 determine compli.:mce with this permn. ,"l. If the permittee becomes a.....are that relevant facts \'I'ere not ~ubmiltcd or were incorrect in the permit <lpplicalion or in any report Ip the Oepartment. SllCh t~li.:ts or infurrnalion shall be l~orrc\.:lcJ promptly. 11. All applic.:ltion~. reports. or -information required hy the Department shall he L'crlitied as being true, accurate. and t:omplclc. (l, Herons of l.:ompliaOl..'c {IT nnncomplianc(.' with. tiT any pftlgrL'ss reports on. rcqllin..'l11cnts conlaincd in any compliance sl.;hcdulc of this permit 5hall be submitted no later than 1-1- days fllllowing. c;lrh sl.;hcuulcd dale. p. Any permit n<lflcompliancl' constitutes a violation of the S;lfc Drinking. Wall.:r 1\1,,;1 and is grounds fnr cnfon:clllcnt action; for permit termination. n:wlI.:ation and rci~suancC'. or !TIudifk'atinn: m for denial llf a permit renewal application, q. It shall not be a defense for a permittee in .m entlm:emcnt m:linn thai it ....,(luld hnvc been necessary to h~llt or reduce the permitted activity in order tn maintain compliam:c with the conditions of this permit. r. The permittee shallta~e all reasonable steps to minimize l)r correct any advcrse impact on the environment resulting from noncompliance with this permit. s. This permit may be modified, revoked and reissued, or terminated for <-':.Iuse. as provided in 40 e.F.R. sections 144.39(al. 144.40(a). and 144.41 (1998). Th~ filing of a request by the permittee for a permil mnditication. revoL:ation or reissuam:e. or termination. or a notiliculion of pl.anned l'h3nges or unticipnted non(;ompliunl.:c. docs not :.tay .my permit condition. t. The permittee shull give advam:e notk:c to the Dep~lrtmcnt of n.ny plnnncd L:hanges in the permitted fadlity or injection aL:tivity v.'hich may result in nonL:ompli:.mcc with permit requirements. u. The permittee shall report any noncompliance which mny endanger health or the environment including: l. Any monitoring or other information v..'hich indicates thm any contaminant may (,:ausc an endangerment to an underground source of drinking \....ate.r: or 2. Any nuncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between underground sources of drinking water. Any information shall be provided orally within 24 hours from the time the pt:rmittee bel:omcs aware cf the circumMances. A \1/riLlcn submission s.hall als.o he provided within 5 du)'~ of the time the permittee becomes aware of the t.:irc..umstanccs. The \\Titten submission shall t.:ontuin u description of the noncompliance and its cause. the period of noncompliance. induding ex;u.:t dates und times. and if the rn:.mcompliance has not been correcled. the anticiputcd time it is expected 10 continue; and the steps taken or planned to reduce. eliminate. and prevent reoccurrence of the noncompliant:c. v. Proper operation and maintenance includes effective performance. adcqu.lItc funding. adequate operator staffing and training.. and adequate laboratory and process controls. induding :lpproprimc qualilY assurance procedures. w. No underground injection is allowed that CHUSC:-; or allows movement of Ouid into an underground source of drinking water if such fluid movement Ill..\y cause a violation of any primary drinking walcr standard or may orhcrwjse ;Idverscfy affect (he healllt of pcrsons. 2. Signatoric) and Ccrtilkation Requirements a. All rcporL'\ and other submittnls required to <-,omply with Ihis permit shall be signed by a person authorized under Rules 62.52S.340( 1) or (2). F.A.C. n. In acc(lrdancc ",,'ith Rule 62-528.340(4). F.A.C.. all reports shall contain the following cerliticalion: PJg.el7nfl8 FACILITY: I'l:RMITll:lc: PlalltalU)11 Key GOVCrlllT'",,..,t Center \VWTP Munroe ('nunl)' Board t ,)unty Commi~sioner~ .,5~D South Ron~evelt Rlvd. K~y Wc:-l. FL 33040 PERM!'" NUMIlER: PA I'll ;UMBER: FU\O I 4699 F\.AOl4-699~002-DW3P HII.'l:rtify under penalty of law that this dowment nnd all attachments \verc prepared under my direction or supcrvisinn in al'cordance with a system designed to assure that qualified pcr.-nnnel properly gather and ev,liuate the inl'onl1ution submitted. Based upon my inquiry of lh~ person Of p~rsDm; who manag.e lhe sysh.:m, or those PCfl'()t1S Jircl.:tly rcspnn~iblc for gathering the informJtinn. the inh,rmati{lll ~lIhrnilted is. to the best of my knuwlcugc .md belief. true. aCl.:uratc and complt:tc. I am aware that there arc significant penaltks for submitting r.llse infnmHltion. including the possibility of fine and impris(l!1l1lcnt It}r knowing yiolutinns.'. 3. In thl.: ~\'I.:nt a well must be plugged or ahandoned, thl: pl.:rmittC'c shall or.tain a p...~r1llit from the Department as required hy SCl'110I1S ()2-:102K.h25 lInd 62-5210;.645. FAt'. .4.. The;' pcrmitlc~ shall notify the Dt:partmcnt Jlld (1btain appro\al prinr tn any well w()rk nr moditl(.:ation. 5. The permittee is reminded of the necessity tt} comply with the per1in~nt n:gukllluns of any (Hher regulatory agl..:ocy. as well a~ any county. municipal. .lOd fed~raI regulations appliL'ablc to the pwjCl'1. These regulations may include, but are 11tH limited tn. thos.e of the Federal Emcrgency Managemcnt Agency in implementing. tlood contml measures. This permit should not he construcd to imply compliance with the rules ami regulations of olher reguhllmy agenL'lcs. EX~l:U1Cd in Fort Myers. Florida, ST ATE OF FLORIDA DEPARTMENT OJ' ENVIRONMENTAL PROTECTION / I /' /\ #I ..~---r- __ .. 't. '. Jnn . Iglehart A iog Director of Drstrict Mumlgemcnt DATE: (I ( c S' .' :I c' '- ,{ Page IS l)f 18 " ,,",'- en . 0 ;18 .-,: E- C<: .., =-: '" " :.. E- ;;; ~ C<: W 0 ~ '" 5 ~ C<: ,2 '" ;r. " 0 " !: :.. " z ~, .: 0 " ... ,', g: '" :; !? ,:, 0 ~, .. '5 ~ ~, 0 ~ '" ,. r;! " -;; < u .., Ii = " C<: - 7- ::; <t ;., '" 0 g :::: :,,) :< ~ u '" <i: '" ;; '" t: 15 - z "' z '" Z ~' '- ~ ~ .. ~ 0 ~, ~ ~ " ;: 1= , '" ~ ~ '" ~ ~ '" '" ~ :,,) " I>l " - ~ z ~ '" ~ ~. ~ ~ ~ E- o: ;: z ;!: (5 t: '" ~ 2 ~ , t: z ~ :!: ,.. "" <t ::; z ~ l< '" Z -l '" ;; < 0 ~ '" "J ~ Z -r. 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