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06/15/2011 ContractDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: June 16, 2011 TO: Dent Pierce, Director Public Works Division ATTN. Beth Leto, Assistant Director Public Works Division FROM Pamela G. Hanco�C. At the June 15, 2011, Board of County Commissioner's meeting, the Board granted approval and authorized execution of the following: Item C21 Lease Agreement with Early Learning Coalition of Miami- Dade /Monroe to provide office space at the Gato Building. Item C22 Contract with Diversified Services of Key West, Inc. for janitorial services at the May Hill Russell Library and Department of Juvenile Justice Building, second floor. Item C23 Contract with U.S. Water Services Corporation for operation and maintenance of the wastewater treatment plant for the Roth Building, Monroe County. Enclosed is a duplicate originals of each of the above - mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File AGREEMENT FOR OPERATION AND MAINTENANCE WASTERWATER TREATMENT PLANT — ROTH BUILDING This Agreement is made and entered into this � day of J ^�� , 2011, between MONROE COUNTY, FLORIDA ( "COUNTY "), a political subdivision 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, FL 34652. WHEREAS, COUNTY desires to provide operation and maintenance of wastewater treatment plant for the ROTH BUILDING, Monroe County, and WHEREAS, CONTRACTOR desires and is able to provide operation and maintenance of wastewater treatment plant for the ROTH BUILDING, Monroe County; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide operation and maintenance of wastewater treatment plant for the ROTH BUILDING 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, the bid documents, exhibits, and any addenda 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. facility i. Comply with all conditions specified within the current Permit for this ii. Comply with all DEP rules, Florida Statutes, and county and local regulations pertaining to the operation and maintenance of wastewater facilities, systems of treatment and control, and related appurtenances. iii. 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. iv. 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 Agreement 1 January 2011 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. V. Provide, and maintain on site, records as required by the Permit conditions. The Contractor shall submit supplemental copies of record documents and monthly operation reports (MOR) to the Facilities Maintenance Director. vi. Inspect and maintain the facility's equipment, practices, and operation regulated or required by the Permit conditions. vii. 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 equipment which requires lubrication in accordance with the manufacturer's 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. d. Replace motor/blower 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; i. Maintain all painted surfaces; j. Record the daily flow in gallons per day; k. Record the Ph of effluent; 1. 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 aeration 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; Agreement 2 January 2011 q. Provide all digester sludge removal services: Maximum of four removals annually, when required. Any additional removals in excess of 1,200 gallons 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 15% 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 (dump) ticket(s) after every sludge removal service; and r. 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 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. viii. 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. ix. 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. X. Maintain a copy of the current Operating Permit on site. xi. 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, and present it to the County for approval. 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 the Contractor 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. 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 was discovered, a description of the problem, the date and time the Agreement 3 January 2011 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.E. EXCEPTIONS). The Contractor and the County shall simultaneously log the time the County contacted 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: i. 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. ii. The Contractor shall not be held responsible for the inability to perform due to factors beyond the Contractor's control. F. MAJOR COMPONENT FAILURE In the event of a major component failure or system breakdown, the COUNTY, when deemed as an emergency situation, shall have the option to request from the CONTRACTOR only, a proposal /quote for replacement equipment in an amount that could exceed Five Thousand Dollars ($5,000). Any proposal over $5,000 up to and including $10,000 must be approved and signed by the Division Director and/or the County Administrator. Any proposal over $10,000 up to and including $25,000 must be approved and signed by the Division Director and the County Administrator. 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) 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 3) Emergency service call. Overtime rate for hours other than normal hours as stated above, including weekends and holidays. 4) Handling fee for parts required for operation, maintenance, $ 1,202.16 per month $ 14,425.88 per year $ 65.00 per hour $ 78.00 per hour Agreement 4 January 2011 Repairs and emergency services. Cost + 15 % 5) Sludge removal (beyond four per year required as Regular maintenance) Cost + 15 % Note: There are no additional costs for travel, mileage, meals, or lodging. The Contractor's request for payment must itemize each of the 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 a repair invoice total (as defined above) does not exceed $500.00, the Contractor will not invoice said amount to County and the County will not be responsible for said amount. In any month in which a repair invoice (as defined above) exceeds $500.00, the Contractor will invoice and the County, after review of said invoice, will pay the full amount on the invoice." 5. TERM OF AGREEMENT This Agreement shall commence on June 1, 2011, and ends upon May 31, 2012, unless terminated earlier under paragraph 19 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 (1) 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.. 6. 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. 7. FINANCIAL RECORDS OF CONTRACTOR Agreement 5 January 2011 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. 8. 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. 9. HOLD HARMLESS AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified parry by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, sub - contractors or other invitees during the term of this AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, sub - contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. 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: 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 Agreement 6 January 2011 $ 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 $ 100,000.0 per person, $ 300,000.0 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 $ 300,000.0 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. POLLUTION LIABILITY — The minimum limits of liability shall be: $500,000 per Occurrence combined single limit, $1,000,000 Aggregate 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 BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION. 10. 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 government 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. 11. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent contractor 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. 12. NONDISCRIMINATION CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent 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. CONTRACTOR agrees to comply Agreement 7 January 2011 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. 13. 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 subcontractor 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. 14. 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 government, 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. 15. 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 Agreement 8 January 2011 compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 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. 16. 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. 17. NOTICE REQUIREMENT 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 and FOR CONTRACTOR U. S. Waters Services Corporation 4939 Cross Bayou Boulevard New Port Richey, FL 34652 Toll Free Phone: 866 - 453 -9522 Monroe County Attorney Post Office Box 1026 Key West, FL 33041 -1026 18. 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. 19. TERMINATION A. The COUNTY may terminate this Agreement with or without cause prior to the commencement of work. Agreement 9 January 2011 B. 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. C. 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. 20. 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. 21. 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. 22. 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 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. 23. 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. 24. ADJUDICATION 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 COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and Agreement 10 January 2011 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. 25. 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 parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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 Agreement 11 January 2011 constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 31. 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. 32. 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. 33. 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 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. 34. 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. 35. 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. 36. 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 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Agreement 12 January 2011 37. 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 38. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 39. 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 of this Agreement to the Contractor beyond that already incurred by the termination date. IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this n the day and date first written above in four (4) counterparts, each of which shall, r accounting for the other counterparts, be deemed an original contract. L. KOLHAGE, CLERK Clerk Date: Witnesses for CONTRACTOR: Jcoa- Sibature BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By: M or 0 Date: �S', z.a q _ o EA T ATER SERVICES COI7�?0RAMUNd sus: ` to o Signature of person authorized to legally bind Corporation Date: April 27, 2011 Argil 27, 2011 Date Signature April 27, 2011 David R_ Schul_t7 Print Name Address: 4939 Cross Bayou Boule New Port Richey, FL 34652 Telephone Number g 6 6 7 53 _ g ? a? m9lu 31110111 10 uanuary zui i EXHIBIT "A" Florida Department of Environmental Protection South District P.O. Box 2549 Fort Myers, Florida 33902 -2549 In the Matter of a Statute regarding Permits for Wastewater Activities in Monroe County. This revision applies only those systems which have a valid permit on June 30. 2010, and are located in areas to be connected to central facilities. Monroe County Board of County Commissioners John King. Senior Director of Lower Keys Operations 5100 College Rd Key West FL 33040 -4319 i hanIic t. 10 i t i' [ n„r Ic.f ( Koitkamr I t t i,,\rm-, \licb:,�l \\ tini Il. +l. � 2 201 Monroe Coin Roth Building WWTP PA File No. FLA014994- 005- DWF.RNM Keys Basin NOTICE OF PERMIT REVISION This letter is in response to the recent passage of Chapter 403.086(10), Florida Statutes. The Statute requires a revision to the above referenced permit. This revision is issued under Section 403.087 of the Florida Statutes, as follows: The expiration date of this permit is December 31, 2015. Permit Condition I.A.2. is revised to read the following: By January 1, 2016, the facility either cease all discharges to the injection wells or meet effluent limits, on an annual basis, as follows: a. Carbonaceous biochemical oxygen demand (CBODS) of 10.0 mg/L: b, Total suspended solids (TSS) of I G.G m4 c. Total nitrogen (as N) of 10.0 mg(1_: 3. - Total phosphorus (a P) of 1.0 r e!L. [Chapter 403.086(l 0), f7orida Statutes] All other conditions of the permit shalt remain unchanged. This letter must be attached to the referenced permit and becomes a permanent part thereof. The Department's proposed agency action shalt become Final unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, Florida Statutes. within fourteen days of receipt of notice. The procedures for petitioning for a hearing, are set forth below. A person whose substantial interests are affected by the Department's proposed permitting decision may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard. Mail Station 35, Tallahassee. Florida 32399 -3000. Page 1 of 3 FACILITY: Roth Building WWTP PA File No.: FLA014994 -005 PERMITTEE: Monroe County Under Rule 62- 110.106(4), Florida Administrative Code, a person may request enlargement of the time for filing a petition for an administrative hearing. The request must be filed (received by the clerk) in the Office of General Counsel befbre the end of the time period for filing a petition for an administrative hearing. Petitions by the applicant or any of the persons listed below must be filed within fourteen days of receipt of this written notice. Pensionefiled hin fou fourteen ys than publ cat n of the or t within fourteen days of receipt of Florida Statutes, must be fit n who has the written notice, whichever occurs first. Under Section 120.60(3), Florida Statutes, however, any person asked the D for notice of agency action may file a petition within fourteen days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition within fourteen days of receipt of notice shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 12011 6 o d 1 20.57, Florida Statutes. Any subsequent intervention (in a proceeding initiated by another party) Y t the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28- 106.205, Florida Administrative Code. A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner's representative, if any; the Department permit identification number and the county in which the subject matter or activity is located; action; (b) A statement of how and when each petitioner received notice of the Department (c) A statement statement of all disputed issues of materaltfact interests if theree ar none, the petittion m st so indicate', (d) A sta cate; (e) A statement ise statement of the ultimate facts ale ged, as well as the rules and statutes modification which entitle hello actin, (f) A conc petitioner to relief; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wants the Department to take. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department's final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a ratty to the proceeding, in accordance with the requirements set fnrth above: Mediation under Section 120.573. Florida Statutes, is not available for this proceeding. This permit action is final and effective on the date filed with the clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of a petition this permit will not be effective until further order of the Department. Any party to the pf a moth a of a eaI to seek tinder Rulest9` review 0 and 9. 90,, permit rida Rules of Appellate Procedure, Florida h Statutes, by the filing o PP the clerk of the Department in the Office of General Counsel, Mail Station 3 t, ac o O tn C b the applicable filing Tallahassee, Florida, 32399 -3000; and by filing a copy of the notice of appea Pa y fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when this permit action is filed with the clerk of the Department. Page 2 of 3 FACILITY: Roth Building W WTP PA File No.: FLA014994 -0 PERMITTEE: Monroe County Executed in Fort Myers, Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Jon M. Iglehart Director of District Management FILING AND ACKNOWLEDGMENT FILED, on this date, under Section 120.52, Florida Statutes, with the designated deputy clerk, receipt of which is hereby acknowledged. ' (Clerk] [Gate] CERTIFICATE OF SERVICE REVISION and all copies were mailed The undersigned hereby certifies that this NOTICE OF PERMIT before the close of business on J 2010, to the listed persons. JMVWS /mac Copies furnished to: Steven Johnson Page 3 of 3 Charlie Crist Florida Department of Governor Environmental Protection Jeff Kottkamp Lt. Governor South District Michael W. Sole P.O. Box 2549 Secretary Fort Myers, Florida 33902 -2549 STATE OF FLORIDA DOMESTIC WASTEWATER FACILY PERMITTEE: PERMIT NUMBER: PA FILE NUMBER: Monroe County Board of County Commissioners ISSUANCE ITION DATE: RESPONSIBLE AUTHORITY: Mr. John King Senior Director of Lower Keys Operations 3583 South Roosevelt BIvd. Key West, FL 33040 (305) 292 -4531 FACILITY: Roth Building WWTP 3583 South Roosevelt Blvd. Key West, FL 33040 Monroe County Latitude: 24 58' 51" N Longitude: 81 33'7" W CY PERMIT FLA014994 FLA014994- 004 -DW3P October 20, 2008 June 30, 2010 This permit is issued under the provisions of Chapter 403, Florida Statutes (F.S.), and applicable rules of the Florida Administrative Code (F.A.C.). The above named permittee is hereby authorized to operate the facilities shown on the application and other documents attached hereto or on file with the Department and made a part hereof and specifically described as follows: TREATMENT FACILITIES: average daily flow (MADF) permitted capacity domestic wastewater treatment plant consisting Of An existing 0.040 IL monthly eight 5000 - gallon aeration tanks; two 5,200 - gallon final settling tanks; a 3,350- gallon chlorine contact tank; and a 5,000- gallon sludge digester. DISPOSAL: Underground Injection: Operate four (4), nominal six -inch (6 diameter, PVC casing, Class V, Group 3, underground injection wells (numbers 63022- 010 -UO, 63022 - 011 -UO, 63022 - 012 -UO and 63022 -013 -UO ) as underground injection well system U -001. System U -001 discharges into the Key Largo and Miami Oolite Formations for the primary means of disposal of non - hazardous secondary treated domestic wastewater treatment facility effluent from the WWTP to thexisting nl injection wells 10, 011, 012 an d a 013. The maximum daily disposal is limited to 0.120 million gallons per day (MGD). peak hourly Flow rate of 83.3 gallons per minute. U -001 is located approximately at latitude 24 58' 51" N, longitude 81° 33'7' W. IN ACCORDANCE WITH: The limitations, monitoring requirements and other conditions set forth in Pages 1 through 18 of this permit. Page 1 of 18 a. A o � z 0 0 O ON A n o w e d w w O C/] p 0 E ca � w a 04 boa S Q 'B o z d Q � > W 4 o Gp a O $ W 00M 3� � o a P4 g o 3 w o U o Y3 a ' M ° ° ° 3 1 E W ~� U a�w � N . C G y a V � C� L � O �0 2 o CO �b V V O u 'v ins w 'd w. u '0 3 a 3 � o o cu o c a O S O � p O 0 z C u o w '� a u � 1 U o 0 a d d Q rl d O b 1 d V r U L W a 0 N O H V a 0 f q).5 o G to ca 3 �S u u N y 'U p w a� W O o •� N E' c 3 0 00 7; M 70 W N N 00 w 0 N Qq a o � z 0 0 0 n o e O O C/] p 0 E ca o boa S �^ 'B .pp U o 0 a r 00 w 0 N Qq a FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994 PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994- 004 -DW3P 3583 South Roosevelt Blvd. Key West, FL 33040 3. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition I. A. 1. and as described below: Monitoring Location Description of Monitoring Location Site Number EFA -01 Taken at discharge from chlorine contact tank and before discharge to wells. 4. The arithmetic mean of the monthly fecal coliform values collected during an annual period shall not exceed 200 per 100 mL of effluent sample. The geometric mean of the fecal coliform values for a minimum of 10 samples of effluent each collected on a separate day during a period of 30 consecutive days (monthly), shall not exceed 200 per 100 mL of sample. No more than 10 percent of the samples collected (the 90th percentile value) during a period of 30 consecutive days shall exceed 400 fecal coliform values per 100 mL of sample. Any one sample shall not exceed 800 fecal coliform values per 100 mL of sample. Note: To report the 90th percentile value, list the fecal coliform values obtained during the month in ascending order. Report the value of the sample that corresponds to the 90th percentile (multiply the number of samples by 0.9). For example, for 30 samples, report the corresponding fecal coliform number for the 27th value of ascending order. [62- 600.440(4)(c)] 5. A minimum of 0.5 mg/L total residual chlorine must be maintained for a minimum contact time of IS minutes based on peak hourly flow. [62- 600.440(4)(6)] 6. Grab samples shall be collected during periods of minimal treatment plant pollutant removal efficiencies or maximum organic loading in the reclaimed water or effluent. [62- 600.740(lxa)2] Page 3 of 18 Or M 3 ca 0 0 0 0 ww r� oG W W mm z hW �a aw d C O ' N N , C O U I � • � ti o m b .. m � M O bV i o U 0 P2 O fA o 0 d W A � ¢w wa o� s p b U O C 0 V . d U L m N �v w C v v a N w 0 a A �v c 0 ;m � o �b �o 1a U c 3 CC U td � U U iv v b � U C G r�- 0 00 3 Q O 00 . o v N y Ll N A p q u u O" (Yr bD a O fl. �i �v a m ao c 0 C O G � m R a d r O ca 00 C- 0 v m FACILITY: Roth Building W WTP PERMIT NUMBER: FLA014994 PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994- 004 -DW3P 3583 South Roosevelt Blvd. Key West, FL 33040 2. Samples shall be taken at the monitoring site locations listed in Permit Condition 1. B. 1 and as described below: Monitoring Location Description of Monitoring Location Site Number FLW -01 Elapsed time meters on influent lift station pumps. CAL-01 Calculated from flow measurements. IWF -01 Taken from influent line prior to aeration tank. 3. Influent samples shall be collected so that they do not contain digester supernatant or return activated sludge, or any other plant process recycled waters. [62- 601.500(4)] 4. Elapsed time meters shall be utilized to measure flow and calibrated at least annually. [62- 601.200(17) and .500(6)] 5. Parameters which must be monitored as a result of a surface water discharge shall be analyzed using a sufficiently sensitive method to assure compliance with applicable water quality standards and effluent limitations in accordance with 40 CFR (Code of Federal Regulations) Part 136. All monitoring shall be representative of the monitored activity. [62- 620.320(6)] 6. The permittee shall provide safe access points for obtaining representative influent, reclaimed water, and effluent samples which are required by this permit. [62- 601.500(5)] 7. Monitoring requirements under this permit are effective on the fast day of the second month following permit issuance. Until such time, the permittee shall continue to monitor and report in accordance with previously effective permit requirements, if any. During the period of operation authorized by this permit, the permittee shall complete and submit to the Department's South District Office Discharge Monitoring Reports (DMRs) in accordance with the frequencies specified by the REPORT type (i.e., monthly, toxicity, quarterly, semiannual, annual, etc.) indicated on the DMR forms attached to this permit. Monitoring results for each monitoring period shall be submitted in accordance with the associated DMR due dates below. REPORT Type Monitoring Period day month — last day of Due Date 28 day of following month Monthly or First of Toxici month Quarterly January 1 - March 31 April 28 April 1 — June 30 July 28 July 1 — September 30 October 28 October l — December 31 January 28 Semiannual January 1 — June 30 July 28 JUN 1 — December 31 January 28 Annual Janu 1 — December 31 January 28 DMRs shall be submitted for each required monitoring period including months of no discharge. The permittee shall make copies of the attached DMR f and shall submit the completed DMR form(s) to the Department's South District Office at the address specified in Permit Condition I.B. 8 by the twenty -eighth (28th) of the month following the month of operation. [61- 620.610(18)][62 - 601.300(1), (2), and (3)] Page 5 of 18 FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994 PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994- 004 -DW3P 3583 South Roosevelt Blvd. Key West, FL 33040 8. Unless specified otherwise in this permit, all reports and other information required by this permit, including 24 -hour notifications, shall be submitted to or reported to, as appropriate, the Department's South District Office at the address specified below: South District Branch Office Department of Environmental Protection 2796 Overseas Hwy., Suite 221 Marathon, FL 33050 Phone Number — (305) 289 -2310 FAX Number - (305) 289 -2314 All FAX copies shall be followed by original copies. All reports and other information shall be signed in accordance with the requirements of Rule 62- 620.305, F.A.C. [62- 620.305] R. RESIDUALS MANAGEMENT REQUIREMENTS i. The method of residuals use or disposal this WWTP or i t Miami/Dad Central VJWTP, or disposal fer station in aClass I or II solid Miami/Dade County South District g waste landfill. 2. If the permittee wishes to land apply residuals in the future, the permittee shall make application to the Department for a minor revision to the permit in accordance with F.A.C. Rule 62- 620325(2), before any land . application permittee a shall be responsible for proper treatment, management, use, and land application or disposal of its 3. The residuals. [62- 640.300(5)] ent, management, use, Or land application 4. The permittee shall not be he responsible or r e duals management f with which the source facility after ty has an its residuals have been accepted Y permitted agreement in accordance with Rule 62- 640.880(1)(c), F.A.C., for further treatment, management, use or land application. [62- 640.300(5)] e, and other solids in a solid waste landfill, or disposal by placement on land for purposes 5. Disposal of residuals, septag fertilization, such as at a monofill, surface impoundment, waste pile, or dedicated site, other than soil conditioning e, shall be in accordance with Chapter 62 -701, F.A.C. [62- 640.100(6)(k)3 & 41 6. If the permittee intends to accept residuals from other facilities, a permit revision is required pursuant to Rule 62- 640.880(2)(d), F.A.C. [62- 640.880(2)(d)] i ords to track the transport of residuals between facilities. The hauling records shall 7. The permittee shall keep hauling rec contain the following information: Source Facilih' 1. Date and Time Shipped 2. Amount of Residuals Shipped 3. Degree of Treatment (if applicable) 4. Name and ID Number of Residuals Management Facility or Treatment Facility 5. Signature of Responsible Party at Source Facility 6. Signature of Hauler and Name of Hauling Firm Residua Management Facility. or Tre atment Facility 1. Date and Time Received 2. Amount of Residuals Received 3. Name and ID Number of Source Facility 4. Signature of Hauler 5. Signature of Responsible Party at Residuals Management Facility or Treatment Facility Page 6 of 18 FACII iTY: Roth Building WWTP PERMIT NUMBER: FLA014994 PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994 -004 -DW3P 3583 South Roosevelt Blvd. Key West, FL 33040 These records shall be kept for five years and shall be made available for inspection upon request by the Department. A copy of the hauling records 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 within 24 hours of discovery any discrepancy in the quantity of residuals leaving the source facility and arriving at the residuals management facility or treatment facility. [62- 640.880(4)] 8. Storage of residuals or other solids at the permitted facility shall require prior written notification to the Department. [62- 640.300(4)] III. GROUNDWATER REQUIREMENTS Construction Requirements Section Construction Requirements is not applicable to this facility. Operational Requirements Section Operational Requirements is not applicable to this facility. IV. ADDITIONAL REUSE AND LAND APPLICATION REQUIREMENTS Section IV is not applicable to this facility. V. OPERATION AND MAINTENANCE REQUIREMENTS During the period of operation authorized by this permit, the wastewater facilities shall be operated under the supervision of a(n) operator(s) certified in accordance with Chapter 62 -602, F.A.C. .In accordance with Chapter 62 -699, F.A.C., this facility is a Category III, Class C facility and, at a minimum, operators with appropriate certification must be on the site as follows: A Class C or higher operator 1 / 2 hour /day for 5 days/week and one weekend visit The lead operator must be a Class C operator, or higher. 1. [62- 620.630(3)] [62- 699.310] [62- 610.462) 2. An operator meeting the lead operator classification level of the plant shall be available during all periods of plant operation. "Available" means able to be contacted as needed to initiate the appropriate action in a timely manner. [61- 699.31](1)] 3. The application to renew this permit shall include an updated capacity analysis report prepared in accordance with Rule 62- 600.405, F.A.C. [62- 600.405(5)] 4. The application to renew this permit shall include a detailed operation and maintenance performance report prepared in accordance with Rule 62- 600.735, F.A.C. [62- 600.735(1)] 5. The permittee shall maintain the following records and make them available for inspection at the plant operator's office at 5198 Overseas Hwy., Marathon, Monroe County: a. Records of all compliance monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation and a copy of the laboratory certification showing the certification number of the laboratory, for at least three years from the date the sample or measurement was taken; Page 7of18 FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994 PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994 -004 -DW3P 3583 South Roosevelt Blvd. Key West, FL 33040 b. Copies of all reports required by the permit for at least three years from the date the report was prepared; c. Records of all data, including reports and documents, used to complete the application for the permit for at least three years from the date the application was filed; 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 at least three years from the date of sampling or measurement; e. 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 showing plant operations and equipment maintenance for three years from the date of the logs or schedules. The logs shall, at a minimum, include identification of the plant; the signature and certification number of the operator(s) and the signature of the person(s) making any entries; date and time in and out; specific operation and maintenance activities; tests performed and samples taken; and major repairs made. The logs shall be maintained on -site in a location accessible to 24 -hour inspection, protected from weather damage, and current to the last operation and maintenance performed. [62- 620.350] VI. SCHEDULES 1. In accordance with the project engineer's June 20, 2008 letter to the department, and his August 13, 2008 letter to the department, the following improvement actions shall be completed according to the following schedule: Improvement Action Completion Date 1 The permittee shall make available at the site an operation Within 30 days of permit issuance. & maintenance manual for this wastewater plant. 2 The permittee shall add an additional waste activated Within 90 days of permit issuance. sludge line going from the final settlin& tank to the di ester. [62- 600.735(1)] VII. INDUSTRIAL PRETREATMENT PROGRAM REQUIREMENTS This facility is not required to have a pretreatment program at this time. [62- 625.500] VIII. OTHER SPECIFIC CONDITIONS 1. The permittee shall apply for renewal of this permit at least 180 days before the expiration date of the permit using the appropriate forms listed in Rule 62- 620.910, F.A.C., including submittal of the appropriate processing fee set forth in Rule 624.050, F.A.C. The existing permit shall not expire until the Department has taken final action on the application renewal in accordance with the provisions of 62- 620.335(3) and (4), F.A.C. [62- 620.335(1) -(4)] 2. Florida water quality criteria and standards shall not be violated as a result of any discharge or land application of reclaimed water or residuals from this facility. Page 8 of 18 FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994 PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994- 004 -DW3P 3583 South Roosevelt Blvd. Key West, FL 33040 3. In the event that the treatment facilities or equipment no longer function as intended, are no longer safe in terms of public health and safety, or odor, noise, aerosol drift, or lighting adversely affects neighboring developed areas at the levels prohibited by Rule 62- 600.400(2)(a), F.A.C., corrective action (which may include additional maintenance or modifications of the permitted facilities) shall be taken by the permittee. Other corrective action may be required to ensure compliance with rules of the Department. Additionally, the treatment, management, use or land application of residuals shall not cause a violation of the odor prohibition in Rule 62- 296.320(2), F.A.C. [62- 600.410(8) and 62- 640.400(6)] 4. The deliberate introduction of stormwater in any amount into collection/transmission systems designed solely for the introduction (and conveyance) of domestic /industrial wastewater; or the deliberate introduction of stotmwater into cotlection/transmission systems designed for the introduction or conveyance of combinations of storm and . domestic/industrial wastewater in amounts which may reduce the efficiency of pollutant removal by the treatment plant is prohibited, except as provided by Rule 62- 610.472, F.A.C. [62- 604.130(3)] 5. Collection/transmission system overflows shall be reported to the Department in accordance with Permit Condition IX. 20. [62- 604.550] [62- 620.610(20)] 6. The operating authority of a collection/transmission system and the permittee of a treatment plant are prohibited from accepting connections of wastewater discharges which have not received necessary pretreatment or which contain materials or pollutants (other than normal domestic wastewater constituents): a. Which may cause fire or explosion hazards; or b. Which may cause excessive corrosion or other deterioration of wastewater facilities due to chemical action or pH levels; or c. Which are solid or viscous and obstruct flow or otherwise interfere with wastewater facility operations or treatment; or d. Which result in the wastewater temperature at the introduction of the treatment plant exceeding 40 ° C or otherwise inhibiting treatment; or e. Which result in the presence of toxic gases, vapors, or fumes that may cause worker health or safety problems. [62- 604.130(5)] 7. The treatment facility, storage ponds, rapid infiltration basins, and/or infiltration trenches shall be enclosed with a fence or otherwise provided with features to discourage the entry of animals and unauthorized persons. [62-600.400(2)(b)]- 8. Screenings and grit removed from the wastewater facilities shall be collected in suitable containers and hauled to a 'Department approved Class I landfill or to a landfill approved by the Department for receipt/disposal of screenings and grit. [62- 701.300(1)(a)] 9. The Permittee shall provide verbal notice to the Department as soon as practical after discovery of a sinkhole within an area for the management or application of wastewater, wastewater residuals (sludges), or reclaimed water. The Permittee shall immediately implement measures appropriate to control the entry of contaminants, and shall detail these measures to the Department in a written report within 7 days of the sinkhole discovery. [62- 4.070(3)] 10. The permittee shall provide adequate notice to the Department of the following: a. Any new introduction of pollutants into the facility from an industrial discharger which would be subject to Chapter 403, F.S., and the requirements of Chapter 62 -620, F.A.C_ if it were directly discharging those pollutants; and Page 9 of 18 FACILITY: Roth Building W WTP PERMIT NUMBER: FLA014994 PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994- 004 -DW3P 3583 South Roosevelt Blvd. Key West, FL 33040 b. Any substantial change in the volume or character of pollutants being introduced into that facility by a source which was identified in the permit application and known to be discharging at the time the permit was issued. Adequate notice shall include information on the quality and quantity of effluent introduced into the facility and any anticipated impact of the change on the quantity or quality of effluent or reclaimed water to be discharged from the facility. [62- 620.625(2)] IX. GENERAL CONDITIONS 1. The terms, conditions, requirements, limitations and restrictions set forth in this permit are binding and enforceable pursuant to Chapter 403, Florida Statutes. Any permit noncompliance constitutes a violation of Chapter 403, Florida Statutes, and is grounds for enforcement action, permit termination, permit revocation and reissuance, or permit revision. [62- 620.610(1)] 2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviations from the approved drawings, exhibits, specifications or conditions of this permit constitutes grounds for revocation and enforcement action by the Department. [62- 620.610(2)] 3. As provided in subsection 403.087(7), F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor authorize any infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit or authorization that may be required for other aspects of the total project which are not addressed in this permit. [62- 620.610(3)] 4. This permit conveys no title to land or water, does not constitute state recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. [62- 620.610(4)] 5. This permit does not relieve the permittee from liability and penalties for harm or injury to human health or welfare, animal or plant life, or property caused by the construction or operation of this permitted source; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department. The permittee shall take all reasonable steps to minimize or prevent any discharge, reuse of reclaimed water, or residuals use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. [62- 620.610(5)] 6. If the permittee wishes to continue an activity regulated by this permit after its expiration date, the permittee shall apply for and obtain a new permit. [62- 620.610(6)] 7. The permittee shall at all times properly operate and maintain the facility and systems of treatment and control, and related appurtenances, that are installed and used by the permittee to achieve compliance with the conditions of this permit. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to maintain or achieve compliance with the conditions of the permit. [62- 620.610(7)] 8. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. [62- 620.610(8)] 9. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, including an authorized representative of the Department and authorized EPA personnel, when applicable, upon presentation of credentials or other documents as may be required by law, and at reasonable times, depending upon the nature of the concern being investigated, to: Page 10 of 18 FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994 PERMTTTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994- 004 -DW3P 3583 South Roosevelt Blvd. Key West, FL 33040 a. Enter upon the permittee's premises where a regulated facility, system, or activity is located or conducted, or where records shall be kept under the conditions of this permit; b. Have access to and copy any records that shall be kept under the conditions of this permit; C. Inspect the facilities, equipment, practices, or operations regulated or required under this permit; and d. Sample or monitor any substances or parameters at any location necessary to assure compliance with this permit or Department rules. [62- 620.610(9)] 10. In accepting 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 which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except as such use is proscribed by Section 403.111, Florida Statutes, or Rule 62- 620.302, Florida Administrative Code. Such evidence shall only be used to the extent that it is consistent with the Florida Rules of Civil Procedure and applicable evidentiary rules. [62- 620.610(10)] 11. When requested by the Department, the permittee shall within a reasonable time provide any information required by law which is needed to determine whether there is cause for revising, revoking and reissuing, or terminating this permit, or to determine compliance with the permit. The permittee shall also provide to the Department upon request copies of records required by this permit to be kept. If the permittee becomes aware of relevant facts that were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be promptly submitted or corrections promptly reported to the Department. [61- 620.610(11)] 12. Unless specifically stated otherwise in Department rules, the permittee, in accepting this permit, agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addressed in Rule 62- 302.500, F.A.C., shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard. [62- 620.610(12)] 13. The permittee, in accepting this permit, agrees to pay the applicable regulatory program and surveillance fee in accordance with Rule 62- 4.052, F.A.C. [62- 620.610(13)] 14. This permit is transferable only upon Department approval in accordance with Rule 62- 620.340, F.A.C. The permittee shall be liable for any noncompliance of the permitted activity until the transfer is approved 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 safeguard public health and safety during and following inactivation or abandonment. [62- 620.610(15)] I6. The permittee shall apply for a revision to the Department permit in accordance with Rules 62- 620.300 and the Department of Environmental Protection Guide to Wastewater Permitting at least 90 days before construction of any, planned substantial modifications to the permitted facility is to commence or with Rule 62- 620.325(2) for minor modifications to the permitted facility. A revised permit shall be obtained before construction begins except as provided in Rule 62- 620.300, F.A.C. [62- 620.610(16)] 17. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. The permittee shall be responsible for any and all damages 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 shall include the following information: a. A description of the anticipated noncompliance; Page I I of 18 PERMIT NUMBER: FLA014994 FACILITY: Roth Building WB a of County Commissioners PA FILE NUMBER: FLA014994- 004 -DW3P PERMITTEE: Monroe County 3583 South Roosevelt Blvd. Key West, FL 33040 b. The period of the anticipated noncompliance, including dates and times; and C , Steps being taken to prevent future occurrence of the noncompliance. [62- 620.610(1 18. Sampling and monitoring data shall be collected and an in accordance with Rule 62- X3246, Chapters 62 -160 and 62 -601, F.A.C., and 40 CFR 136, as appropriate. a. Monitoring results shall be reported at DEP intervals specified or in this e permit lsewherean therpermit�. on a Discharge Monitoring Report (DMR), corn n m onitoring shal eenc in the calculation and us Department of the data su b. If the permittee monitors any co bmitted test procedures, the results of ti in the DMR C. Calculations for all limitations which require averaging of measurements shall use an arithmetic mean unless otherwise specified in this permit. d. Except as specifically provided in Rule 62- 160.300, a De artment of Health Env'irotunental Laboratory all be performed by a laboratory that has been certified by P Certification Program (DOH ELCP). Such certification shall be for the matrix, test method and analyte(s) being measured to comply with this permit. For domestic wastewater facilities, testing for parameters listed in Rule 62- 160.300(4), F.A.C., shall be conducted under the direction of a certified operator. e. Field activities including on -site tests and sample collection shall i f Chapter ap , F A. standard operating procedures described in DEP- SOP - 001/01 adopted by E Alternate field procedures and laboratory methods may be used where they have been approved in accordance with Rules 62- 160120 and 62- 160.330, F.A.C. (62- 620.610(18)] 19. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule detailed elsewhere in this permit shall be submitted no later than 14 days following each schedule date. [62- 620.610(1 20. The permittee shall report to the Department any noncompliance which may endanger health or the environment. Any e permittee becomes a ware of the circumstances. A information shall be provided orally within 24 n ouns days the tim the time the permittee becomes aware of the circumstances. mpliance and its cause; written submission shall also be provided The written submission shall contain: a noncompliance has not been corrected, the anticipated tame of it is e pect d o including exact dates and time, and continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. a The following shall be included as information which must be reported within 24 hours under this condition: 1. Any unanticipated bypass which causes any reclaimed water or effluent to exceed any permit limitation or results in an unpermitted discharge, 2. Any upset which causes any reclaimed water or the effluent to exceed any limitation in the permit, 3. Violation of a maximum daily discharge limitation for any of the pollutants specifically listed in the permit for such notice, and 4. Any unauthorized discharge to surface or ground waters. Page 12 of 18 FACILT)'Y: Roth Building WWTP PERMIT NUMBER: FLA014994 PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994- 004 -DW3P 3583 South Roosevelt Blvd. Key West, FL 33040 b. Oral reports as required by this subsection shall be provided as follows: For unauthorized releases or spills of treated or untreated wastewater reported pursuant to subparagraph a.4 that are in excess of 1,000 gallons per incident, or where information indicates that public health or the environment will be endangered, oral reports shall be provided to the Department by calling the STA'L'E WARNING POINT TOLL FREE NUMBER (800) 320 -0519, as soon as practical, but no later than 24 hours from the time the permittee 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; b) Name, address, and telephone number of permittee or responsible person for the discharge; c) Date and time of the discharge and status of discharge (ongoing or ceased); d) Characteristics of the wastewater spilled or released (untreated or treated, industrial or domestic wastewater); e) Estimated amount of the discharge; f) Location or address of the discharge; g) Source and cause of the discharge; Whether the discharge was contained on -site, and cleanup actions taken to date; Description of area affected by the discharge, including name of water body affected, if any; and h) i) Other persons or agencies contacted. 2. Oral reports, not in 24 hours from the provided pursuant to permittee becomes aware shall re of the circumstances. be provided to the Department with c. If the oral report has been received within 24 hours, the noncompliance has been corrected, and the noncompliance did not endanger health or the environment, the Department shall waive the written report. IF [62- 620.610(20)] 21. The permittee shall report all instances of noncompliance not reported under Permit Conditions IX. 17., 18. and 19. of this permit at the time monitoring reports are submitted. This report shall contain the same information required by Permit Condition IX. 20 of this permit. [62- 620.610(21 )J 22. Bypass Provisions. Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless the permittee affumatively demonstrates that: 1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and 2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back -up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and 3. The pennittee submitted notices as required under Permit Condition IX. 22. b. of this permit. b. if the permittee knows in advance of the need for a bypass, it shall submit prior notice to the Department, if possible at least 10 days before the date of the bypass. The permittee shall submit notice of an unanticipated bypass within 24 hours of learning about the bypass as required in Permit Condition IX. 20. of this permit. A notice shall include a Page 13 of 18 a. FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994 PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994- 004 -DW3P 3583 South Roosevelt Blvd. Key West, FL 33040 description of the bypass and its cause; the period of the bypass, including exact dates and times; if the bypass has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. c. The Department shall approve an anticipated bypass, after considering its adverse effect, if the permittee demonstrates that it will meet the three conditions listed in Permit Condition IX. 22, a. 1. through 3. of this permit. d. A permittee may allow any bypass to occur which does not cause reclaimed water or effluent limitations to be exceeded if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Permit Condition IX. 22. a. through c. of this permit. [62- 620.610(22)] 23. Upset Provisions a. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed contemporaneous operating logs, or other relevant evidence that: I . An upset occurred and that the permittee can identify the cause(s) of the upset; 2. The permitted facility was at the time being properly operated; 3. The permittee submitted notice of the upset as required in Permit Condition IX. 20. of this permit; and 4. The permittee complied with any remedial measures required under Permit Condition IX. 5. of this permit. b. In any enforcement proceeding, the burden of proof for establishing the occurrence of an upset rests with the permittee. c. Before an enforcement proceeding is instituted, no representation made during the Department review of a claim that noncompliance was caused by an upset is final agency action subject to judicial review. [62- 620.610(23)] X. INJECTION WELLS: 1. GENERAL CRITERIA a. The permittee shall be aware of and operate under the General Conditions de, u . . C.) Rule 62- 528.307(1), (a) through (x), and 62- 528.307(3)(a) 8h (e). These General Conditions are the permittee and enforceable pursuant to Chapter 403 of the Florida Statutes. b. Any permit noncompliance constitutes a violation of the Safe Drinking Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. c. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. d. The permittee shall take all reasonable steps to minimize or correct any adverse impacts on the environment resulting from noncompliance with this permit. e. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. Page 14 of 18 FACILI'T'Y: Roth Building WWTP PERMIT NUMBER: FLA014994 PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994- 004 -DW3P 3583 South Roosevelt Blvd. Key West, FL 33040 f. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation or reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. g. When requested by the Department, the permittee shall furnish, within the time specified, any information needed to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. h. Signatories an d Certification Requirements (1) All reports and other submittals required to comply with this permit shall be signed by a person authorized under Rules 62- 528.340(1) or (2), F.A.C. (2) In accordance with Rule 62- 528.340(4), F.A.C., all reports shall contain the following certification: "T certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based upon my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." The pemtittee shall notify the Department and obtain approval prior to any work within the well, physical alterations or additions to the injection or monitor well, including removal of the wellhead. (includes well clean out or other well rehabilitation type work) The permittee shall give advance notice to the Department of any planned changes in the permitted facility or injection activity that may result in noncompliance with permit requirements. (1) The permittee shall report any noncompliance that may endanger health or the environment, to include: (2) Any monitoring or other information which indicates that any contaminant may cause an endangerment to an underground source of drinking water; or to adjacent surface waters, or (3) Any noncompliance with a permit condition or malfunction of the injection system that may cause fluid migration into or between underground sources of drinking water or adjacent surface waters. k. 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 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. 1. No underground injection is allowed that causes or allows movement of fluid into an underground source of drinking water or adjacent surface waters. m. The permittee shall retain all records of all monitoring information concerning the nature and composition of injected fluid until five years after completion of any plugging and abandonment procedures specified under Rule 62- 528.435, F.A.C. The permittee shall deliver the records to the Department office that issued the permit at the conclusion of the retention period unless the permittee elects to continue retention of the records. Page 15 of 18 FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994 s PA FILE NUMBER: FLA014994- 004 -DW3P PERMITTEE: Monroe County Board of County Commissioner 3583 South Roosevelt Blvd. Key West, FL 33040 2. OPERATING REQUIREMENTS a. Injection of any fluids or materials, other than those permitted, into the disposal wells(s) will constitute a violation of this permit and shall constitute cause for permit revocation and possible enforcement action for water quality violations. b. Injection into the well shall not exceed a peak hourly flow rate of 83.3 gallons per minute (0.120 MGD Peak Day Flow). Flow to the wellhead shall be measured with a properly calibrated flow meter(s) or such other devices as provided for in this facility's wastewater treatment permit. c. In the event the permittee is temporarily unable to comply with any of the conditions of a permit due to breakdown of equipment, power outages, destruction by hazard of fire, wind, or by other cause, the permittee of the facility shall notify the Department. d. Notification shall be made in person, by telephone, or by electronic mail within 24 hours of breakdown or malfunction to the South District office. e. A written report of any noncompliance referenced in Operating Requirements condition 2.c. above shall be submitted to the South District and Tallahassee offices within five days after its occurrence. The report shall describe the nature and cause of the breakdown or malfunction, the steps being taken or planned to be taken to correct the problem and prevent its reoccurrence, emergency procedures in use pending correction of the problem, and the time when the facility will again be operating in accordance with permit conditions. f. The permittee shall calibrate all pressure gauges, flow meters, chart recorders, and other related equipment associated with the injection well system on the same basis as is required by the facility wastewater permit. The permittee shall maintain all monitoring equipment and shall ensure that the monitoring equipment is calibrated and in proper operating condition at all times. Laboratory equipment, methods, and quality control will follow EPA guidelines as expressed in Standard Methods for the Examination of Water and Wastewater. The pressure gauges, flow meters, and chart recorders, as applicable to this facility, shall be calibrated using standard engineering methods. Calibration records shall be kept by the permittee at the permitted facility and be available for inspection by Department personnel upon request. g. In the event a well must be plugged or abandoned, the permittee shall obtain a permit from the Department as required by Chapter 62 -528, Florida Administrative Code, Within 180 days of well abandonment, the permittee shall submit to the Department and the TAC the proposed plugging method, pursuant to Rule 62- 528.460, F.A.C. When no longer used for their intended purpose, these wells shall be properly plugged and abandoned. 3. TE STING AND REPORTING REQUIREM a. The injection system shall be monitored in accordance with Rule 62- 528.615(2), F.A.C. The following injection well performance data shall be recorded and reported in the Monthly Operating Report as indicated below. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. INJECTION WELLS 010 011,112 and 013 The specifications for the injection wells are as follows: Gasmg ysamerer anu : c 6" Schedule 40 PVC 60' from 60' to 90' The injection wells shall be monitored in accordance with the parameters and frequencies listed below. The flow rate shall be recorded continuously or as required by the facility wastewater permit in accordance with Rule 62- 528.615(2), FA.C. All samples shall be collected and analyzed in accordance with the quality assurance requirements of Chapter 62 -160, F.A.C. The report shall include the following data: Page 16 of 18 PERMIT NUMBER: FACILITY: Roth Building WWTP PA FILE NUMBER: FLA014994 FLA014994- 004 -DW3P pERMITTEE: Monroe County Board of County Commissioners 3583 South Roosevelt Blvd. Key West, FL 33040 irepo rtln .. F pararnettrs DailylMonthly Daily Flow Rate (GPM) Maximum Peak Hourly Flow Rate (For non - continuous recorders please Average Hourly Dail /Monthly y substitute Average Hourly Flow for the Peak Hourly Flow Rate. flow = D ' Flow Rate - 24 Dail /M Minimum Total Residual Chlorine in Dail /Monthl Total Volume WWTP Effluent In'ected allons WWTP Effluent Water Quality Reporlfng Freqfteney . �►Astitels .` Monthly PH (std. Units) Monthly Total Nitrogen (TN) (mg/L) Monthl Total Phos horus m ) Monthly CBODs (mg1L) Monthly Solids, Total Suspended (mg(L) Monthly Fecal Coli b. In accordance with Rule 62- 528.615(2), FA.C., the permittee shall submit to the Department the of results of l record. monitoring data collected no later than the last day of the month immediately following tal The results shall be sent to the Department Of nvironmen th same manner and on thee same forms as r equired by Myers, Florida 33902 -2549. The results the facility wastewater permit. 4. I PROGRAM WELL PE T RENEWAL c. In accordance with Rules 62- 4.090(1) and 62- 528.455(3)(a), F.A.C., the p of 5 c e shall submit an a pplication for renewal of the existing injection well system operating permit (a minimum °f 5 copies) with the applicable fee at least 60 days prior to the expiration of this operation permit. The application for renewal shall include the items listed m Rule 62- 528.455(3)(b), F.A.C. r~naFRC;ENCY DISPOSAL. discharges due to emergency or a. All applicable federal, state and local permits must be in place to allow for any alternate planned outage conditions. b Any changes in emergency disposal methods must be submitted for Technical Advisory Committee (TAC) review and Department approval. the duration of the discharge, C. The permittee shall no the local offi de the reaso Dep artm ent r using the emergency discharge, e emergency discharge as been used. The notification should and the volume discharged- Written notification shall be provided within 5 days after its occurrence. lations of any other regulatory agency, , as well as The permittee is reminded of the necessity to comply with the pertinent regu cy any county, municipal, and federal regulations applicable to the project. These regulations may include, but are not limited to, those of the Federal Emergency Management Agency measures. This permit should not be ency in implementing flood contro me . construed to imply compliance with the rules and regulations of other regulatory agencies. Page 17 of 18 FACILITY: Roth Building W WTP PERMIT NUMBER: FLA014994 PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994- 004 -DW 3583 South Roosevelt Blvd. Key West, FL 33040 Note: In the event of an emergency the permittee shall contact the Department by calling (800) 320 -0519. The permittee shall call (239) 332 -6975 during regular business hours. Executed in Ft. Myers, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION :J Jon M. Iglehart Director of District Management DATE: OP 1 - v& - ic ZD Page 18 of 18 STATEMENT OF BASIS FOR STATE OF FLORIDA DOMESTIC WASTEWATER FACILITY PERMIT PERMIT NUMBER; FLA014994 PA FILE NUMBER: FLA014994- 004 -DW3P FACILITY NAME: Roth Building WWTP FACILITY LOCATION: Key West Monroe County NAME OF pERMITTEE: Monroe County Board of County Commissioners PERMIT WRI'T'ER: Ron Walters 1. BASIS FOR EFFLUENT AND RE CLAIMED WATER LIIviITS AND MONITORING REOlJIREMENTS (INCLUDING EFFLUENT MONITORING RE UIREMENTS The following table provides the basis for Part I. A. provisions. UIC System U -001 (Class V wells to Class G -III waters): Parameter BOD, Carbonaceous 5 day, 20C (MG/L) Limit Basis 20.0 Annual Average 30.0 Monthly Average 45.0 Weekly Average 60.0 Sin le S le Max. 20.0 Annual Average 30.0 Monthly Average 45.0 Weekly Average- 60.0 Sin le S le Max. 6.0 to 8.5 Minimum and Maximum 200 Annual Average 200 Monthly Geo. Mean 400 90th Percentile 800 Sin le Sam le Max. 0.5 Minimum Rationale 403.085(2) & .086(1)(b) FS & 62- 600.740(1)(b)l.a. FAC 62- 600.740(1)(b)I -b. FAC 62- 600.740(1)(b) l.c. FAC 62-600 740(1)(b)1 d FAC 403.085(2) & .0860)(b) FS & 62- 600.740(1)(b) La. FAC 62- 600.740(1)(b) l .b. FAC 62- 600.7400)(b)I.c. FAC 62- 600.740(1)(b)Ld. FAC 62- 600.445 FAC Chapter 99 -395, Laws of Florida, Section 6 & 62-600.440(4)(c) I - FAC 62- 600.440(4)(c) FAC 62- 600.440(4)(c)3. FAC 62- 600.440(4)(c)4. FAC 62- 600.440(4)(b) FAC Solids, Total Suspended (MG/L) pH (SU) Coliform, Fecal ( #/ 100ML) Total Residual Chlorine (For Disinfection) (MG/L) Nitrogen, Total (as N) (MG/L) Phosphorus, Total Report Single Sample Max. Chapter 99 -395, Laws of Florida, Section 6 Report Single Sample Max. Chapter 99 -395, Laws of Florida, Section 6 Page 1 of 3 The following table provides the basis for Part I. B. provisions and Part X.3. provisions. Other Limitations and Monitoring Requirements: Basis Rationale Parameter Limit ' Flow (MGD) 0.040 Monthly Average 62- 600.400(3)(b)FAC Percent Capacity, Report Monthly Average 62- 600.405(4) FAC (TMADF/Permitted Capacity) x 100 (PERCENT) BOD, Carbonaceous Report Monthly Average 62- 601.300(1)FAC 5 day, 20C (MG/L) Solids, Total Report Monthly Average 62- 601.300(1)FAC Sus nded (MG/L) - All Parameters 62 -601 FAC & 62 -699 FAC and/or BPJ of Monitoring Frequency writer and Sam le T e Maximum Peak Report Daily/Monthly 62- 528.615(2) FAC Hourly Flow Rate Sampling Location - All Parameters 62 -601, 62- 610.412, 62- 610.463(1), 62- 610.568, 62- 610.613 FAC and/or BPJ of t writer 2. RESIDUALS MANAGEMENT The method of residuals use or disposal by this facility are transport to Monroe County sludge transfer station to Miami/Dade County South District Regional WWTP or Miami/Dade Central WWTP, or disposal in a Class I or 11 solid waste landfill. 3. GRO W MONTTORIN RE U(REMENTS Ground water monitoring requirements do not apply to this facility 4. SCHEDULES FOR IMPROVEMENT ACTIONS CONSTRUCTION AND ENGINEERING STUDIES The following improvement actions shall be completed according to the following schedule: Improvement Action #&Within ompletion Date 1 The permittee shall make available on site an operatio 30 days of permit maintenance manual for this wastewater lant. sua 2 Permittee shall add an additional waste activated sludithin 90 days of permit from the final settlin tank to the di ester. suance. 5. INDUS TRIAL PRETREATMENT REOU IREMENTS At this time, the facility is not required to develop an approved industrial pretreatment program. Howevet, the Department reserves the right to require an approved program if future conditions warrant. Page 2 of 3 6. ADMINISTRIA ORDERS (AO) AND CONSE ORDERS (� This permit is not accompanied by an AO, and there are no unresolved compliance issues for this facility. 7, TS OF SURFACE WATER DISCHARGE ON THREATENED )R ENDANGERED SPECIES The Department does not anticipate adverse impacts on threatened or endangered species as a result of permit issuance. 8. APPLICABLE RULES The following were used as the basis of the Pernut I' mttauu'Lv"v.w.u. a. FAC refers to various portions of the Florida Administrative Code. The effective dates of FAC Rule Chapters cited in the table are as follows: ha ter Effective Date 62 -4 02 -07 -06 62- 160 06 -08-04 62 -302 12 -07 -06 62 -520 12 -09 -96 62 -522 08 -27 -01 62 -528 12 -27 -05 62 -550 01 -17 -05 62- 600 04 -13 -06 62 -601 12 -24 -96 62 -602 10 -15 -07 62 -610 11 -19 -07 62 -620 07 -10-06 62 -625 01 -08 -97 62 -640 03 -30-98 62 -650 12 -26-96 62 -699 10 -15 -07 b. FS refers to various portions of the Florida Statutes C. CFR refers to various portions of the Code of Federal Regulations, Title 40 d. BPJ refers to Best Professional Judgment Page 3 of 3 Q F a 0 Cr V 0 H z 0 W x V A z 0 U W F a ok a a F z w z t W fr+ F z 0 h 0 u. G N 7 w u a N u u O m L1 O 0 o. S u e 0 w w F a W A Q r ° o r E 0 E e i � u c E 28 a 4 b a W y J a J U u 0 E 0 U S 0 o q o O G UP 706 0 V z 0 0 Q z Wa v a a� C C y R O g 5 6 C4 6 u cn ad C4 Z� R. P� 00 F d uo g° = p 0 a ° sae z is �O F ao O� 0.' (f. � a U 0 C4 G O z:2 0 u a Ca j T u E � r o y o o � o u C e W c W as o o <pp N u 7 m C 0 a p� u u U V. V c C 0 La • x m H u E p v u C u 5 F � E • a o H ° E S � ° u E a V •ts � E � 3 C1 . u o � Q u H w as ncv z € OD 2 e 3 ` V . c t 1C 0 0 M T M C� E U m a u u u d CO) O E 0 O Q p ?C W z Q 0 a P V O G.1 G � X u: 0. n b C C O U d _ d p; U3 0 O z �c 0 L 0 00 z o0 w V d x U D a H m c m t 0 (MG/L) Disinfect.) OVADF/Pennitted (MG/L) Colif (MG/L) (MG/L) Capacity) x 100 Bacteria (PERCENT) (4 /100ML) 4on. Site CALr01 EFA -01 EFA -01 EFA -0 i EFA -01 EFA -01 EFA -01 EFA -01 FLW-01 1 2 3 5 7 8 m 13 14 15 16 17 18 19 20 21 22 23 25 26 29 30 31 Total Mo- Avg. PLANT STAFFING: Name: Class: Certificate No: Day Shift Operator Name: Class: Certificate No: Evening Shift Operator Name: Claus: Certificate No: Night Shift Operator Name: Lead Operator Class: Certificate No: (MG/L) TSS nrD P,_ �) _&In o Intl nl Ffrective Nnvemher 29. 1994 DAILY SAMPLE RESULTS - PART $ R Roth B Permit Number FLA014994 T To: Monitoring Period From: TSS (MG T TRC (For Flow (MGI percent Capacity, CBODS F Fecal N Nitrogen (SU) Phosphorus T 5 7 8 m 13 14 15 16 17 18 19 20 21 22 23 25 26 29 30 31 Total Mo- Avg. PLANT STAFFING: Name: Class: Certificate No: Day Shift Operator Name: Class: Certificate No: Evening Shift Operator Name: Claus: Certificate No: Night Shift Operator Name: Lead Operator Class: Certificate No: (MG/L) TSS nrD P,_ �) _&In o Intl nl Ffrective Nnvemher 29. 1994 (MG/L) TSS nrD P,_ �) _&In o Intl nl Ffrective Nnvemher 29. 1994 00 04 Q o0 'C � u 0 m u o u y E N E Eu 3 u w c u a c c II a o N E 3 u y x v u u° u � Q •O u � v u .a Y u �_ o '`S a E v e 3 a Gv oo uv ° E °a u u ro E E y E: a ❑ .. 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Box 2549 Fort Myers, Florida 33902 -2549 CERTIFIED MAIL NO.: 7008 0150 0003 1458 8985 RETURN RECEIPT REQUESTED In the Matter of an Application for Permit by: Monroe County Board of County Commissioners c/o Mr. John King Senior Director of Lower Keys Operations 3583 South Roosevelt Blvd. Key West, FL 33040 Charlie Crist Governor Jeff Kottkamp Lt. Governor Michael W. Sole Secretary Monroe County — DW Roth Building WWTP PA File No. FLA014994- 004 -DW3P Florida Keys Basin NOTICE OF PERMIT ISSUANCE Enclosed is Permit Number FLA014994 to operate an existing domestic wastewater treatment plant, issued under Section 403.087 Florida Statutes. In accordance with Chapter 99 -395, Laws of Florida, the referenced facility will be required to meet the more stringent discharge limits, listed in Section I.A.2. of this permit, beginning on July 1, 2010. Replacement or modification of the existing plant will be needed in order to meet the new requirements. In order to meet the time requirements of Rule 62- 620.410 of the Florida Administrative Code, an application for replacement or modification of the facility must be received in this office as soon as possible, but not later than January 1, 2010. Monitoring requirements under this permit are effective on the first day of the second month following permit issuance. Until such time, the permittee shall continue to monitor and report in accordance with previously effective permit requirements, if any. The Department's proposed agency action shall become final unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, Florida Statutes, within fourteen days of receipt of notice. The procedures for petitioning for a hearing are set forth below. A person whose substantial interests are affected by the Department's proposed permitting decision may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, Florida Statutes. The petition must contain the information set forth below and must be filed (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 62- 110.106(4), Florida Administrative Code, a person may request enlargement of the time for filing a petition for an administrative hearing. The request must be filed (received by the clerk) in the Office of General Counsel before the end of the time period for filing a petition for an administrative hearing. Petitions by the applicant or any of the persons listed below must be filed within fourteen days of receipt of this written notice. Petitions filed by any persons other than those entitled to written notice under Section 120.60(3), Florida Statutes, must be filed within fourteen days of publication of the notice or within fourteen days of receipt of Page 1 of 3 I k „ FACILITY: Roth Building WWTP PA File No.: FLA014994- 004 -DW3P PERMITTEE: Monroe County Board of County Commissioners the written 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 date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition within fourteen days of receipt of notice shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120569 and 120.57, Florida Statutes. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28- 106.205, Florida Administrative Code. A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner's representative, if any; the Department permit identification number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Department action; (c) A statement of how each petitioners substantial interests are affected by the Department action; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A statement of facts that the petitioner contends warrant reversal or modification of the Department action; (f) 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 by the petitioner, stating precisely the action that the petitioner wants the Department to take. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department's final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. Mediation under Section 120.573, Florida Statutes, is not available for this proceeding. This permit action is final and effective on the date filed with the clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of a petition this permit will not be effective until further order of the Department. Any party to the permit has the right to seek judicial review of the permit action 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 of the Department in the Office of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, Florida, 32399 -3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when this permit action is filed with the clerk of the Department. Executed in Ft. Myers, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Jon M.1glehart Director of District Management Page 2 of 3 FACILITY: Roth Building WWTP PA File No.: FLA014994- 004 -DW PERMITTEE: Monroe County Board of County Commissioners FILING AND ACKNOWLEDGMENT FILED, on this date, under Section 120.52, Florida Statutes, with the designated deputy clerk, receipt of which is hereby acknowledged. ¢ [Clerk] (Date) CERTIFICATE OF SERVICE The undersigned hereby certifies that his NOTICE OF PERMIT ISSUANCE and all copies were mailed before the close of business on Octobe 2008 to the listed persons. 3MFRW /jl Enclosures Copies furnished to: Sean Kirwan, P.E. Steve Johnson, DEP - Marathon Keith Kleinrnann, DEP - Ft. Myers David Rhodes, P.G., DEP - Ft. Myers Page 3 of 3