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07/01/2011 to 06/30/2012DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: August 1, 2011 TO: Reggie Paros, Manager Florida Keys Marathon Airport ATTN: Julie Thomson, Executive Assistant FROM: Pamela G. Hanc ck, .C. At the June 15, 2011 Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C32 Wastewater Treatment Plant Maintenance Agreement with Conch Wastewater, Inc. for the Florida Keys Marathon Airport at a monthly cost of $585.75. Enclosed are two duplicate originals 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 ✓ WATEWATER TREATMENT PLANT MAINTENANCE AG R E E M E N T CONCH WASTEWATER, INC. FLORIDA KEYS MARATHON AIRPORT THIS AGREEMENT made this 15th day of June, 2011(the "Agreement Date") by and between Conch Wastewater, Inc., also termed herein as "Conch Wastewater" (hereafter Consultant/Contractor) whose address is 30375 Quail Roost Trail, Big Pine Key, Florida 33043 and Monroe County Board of County Commissioners, whose address is 1100 Simonton Street, Key West, Florida 33050 (hereafter "County"); WHEREAS, Conch Wastewater, Inc. is engaged in the business of Wastewater Treatment operations, Consulting Services, Maintenance, Sample Collection and placement of wastewater operators and related services ("Services"); WHEREAS, the County desires to memorialize its Agreement to engage Conch Wastewater, Inc. to provide Services for the County at the County's Marathon Airport (FLA014709) facility; WHEREAS, Conch Wastewater, Inc. desires to be a provider of Services for the County and to provide such additional services as set forth below; NOW THEREFORE in consideration of the promises, and of the mutual covenants to be legally bound hereby, the parties hereto agree as follows: 1. DUTIES OF CONSULTANT A. SCOPE OF WORK Consultant shall provide to the County all Department of Environmental Protection (DEP) requirements stipulated in the Operating Permit (attached Exhibit A) for the Marathon Airport (FLA014709) WWTP in order to operate the facility efficiently and reliably, and to maintain the facility according to the Permit. The Consultant shall invoice the County on a monthly basis at the fee schedule rate of $585.75. These contractual services shall be provided on an annual basis commencing on July 1, 2011 through June 30, 2012. Services may be extended for a period of one hundred and twenty days (120), in thirty -day (30) increments upon mutual agreement of the Consultant and the County. Each extension may reflect a cost of business increase equal to, but not to exceed the percentage increase in the Consumer Price Index for all urban consumers (CPI-U) for the preceding calendar year. Conch Wastewater, Inc. will initiate services with a signed contract and 24 hours notice. Comply with all conditions specified within the current Permit for this facility. Comply with all DEP rules, and County and Local regulations pertaining to the operations and maintenance of wastewater facilities, systems of treatment and control, and related appurtenances. Notify the County, by written notice, of changes in DEP rules, County and Local regulations, as they apply to the plant permitting or operations Provide Discharge Monitoring Report preparation on a monthly basis as required by the Permit Conditions, DEP regulations, and local and county regulations. Assist the County in interpretation of sample data submitted by the certified laboratory on an as needed and as requested basis. Provide pumping service, including emergency standby pumping service for the facility as needed to maintain the facilities operations and compliance. Pumping Services shall include, but not limited to, emergency pumping and shall be billed to the County directly for payment. Provide emergency standby service for the facility as required by the Permit and DEP regulations Repair minor electrical, plumbing and pump station equipment and controls at the cost of $500.00 or below. For any repairs in excess of $500.00, a proposal of repairs shall be submitted to the County for approval, and scheduled accordingly. NORMAL WORKING HOURS ARE MONDAY THROUGH FRIDAY 8:OOAM TO 5:OOPM; EXCLUDING ALL HOLIDAYS. Labor B. ESTIMATE OF COST ❑ Principal @ $75.00/hr as requested ❑ DMR Preparation @ $45.00/hr minimum one hour per month ❑ Handling fee for parts required for operations, maintenance, repairs and emergency service @ Costs + 20% ❑ Overtime and Holiday hourly rates for staff shall be time and half accordingly. ❑ Pump Out Service provided by Conch Wastewater at $0.37 per gallon, and fuel surcharge if applicable. Material and Reimbursable Costs (as needed) ❑ Costs + 20% 2. TERMINATION Conch Wastewater, Inc. may terminate this contract with cause, with 24 hour written notice delivered to Client via fax, causes include but are not limited to; non-payment of services as contracted, Clients inability to make necessary repairs to maintain compliance with existing Permit requirements, Breach of term/and/or terms of the contract, etc. said Termination shall release Conch Wastewater, Inc. of any further obligations under the contract. Either Party hereto may cancel this agreement without cause by giving the other party sixty (60) days of written notice of its intention to do so with neither party having any further obligation under the terms of the contract upon termination. Conch Wastewater, Inc. is aware of the client's intention to tie in to the municipal sewer system. Per your permit (FLA014709), page 11, paragraph 15, The permittee shall give the DEP 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)). Conch Wastewater, Inc asks that you notify us at the same time you notify the DEP in order to terminate this agreement. 3. PAYMENT FOR SERVICES Consultant will invoice County monthly, in arrears, for services provided in accordance with this Agreement. County shall pay in accordance with the Florida Local Government Prompt Payment Act F.S. 2 218.735; payment will be made after delivery and inspection by County and upon submission of invoice by Consultant acceptable to the Clerk of Courts. 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. Payment not received within the terms stipulated will be considered in default and the County will be obligated to pay interest at the rate of 1.5%(18% APR) per month for all balances not paid within 30 days and accept an increase in the Consultant's bill rate, and certain services may be interrupted. In the event a portion of any invoice is disputed, the undisputed portion shall be paid. County acknowledges and agrees that in the event a non-exempt Consultant works more than forty (40) hours in any work week for County, the Federal Labor Standard Act requires that Employee's and Consultant be compensated at the hourly rate of time and one half for such overtime hours. County agrees to pay Consultant for all such overtime payments earned by its non-exempt Employee's and Consultants. 4. ACCESS County will maintain facility secure, only authorized personnel will be admitted; authorized personal is defined as County, DEP representatives, and Conch Wastewater representative. 5. PROCESS CONTROL County will not alter or modify process control without consulting/notifying Conch Wastewater and or Conch Wastewater representative. 6. INDEMNIFICATION Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Consultant agrees to 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 (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Consultant or any of its employees, agents, contractors or other invitees on the Airport during the term of this Agreement, (B) the negligence or willful misconduct of Consultant or any of its employees, agents, contractors or other invitees, or (C) Consultant'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 omissions of the County or any of its employees, agents, contractors or invitees (other than Consultant). 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. 7. LIMITATION ON DUTIES County agrees that it will not entrust Employees and Contractor/Consultants with unattended premises i.e; cash, checks, negotiable instruments or other valuables without the prior written agreement of 3 Contractor/Consultant, and then only under County's direct supervision. 8. EQUAL EMPLOYMENT OPPORTUNITY County acknowledges that the Consultant is an Equal Employment Opportunity employer and agrees that it shall not harass, discriminate against or retaliate against any Employee or Consultant because of his or her race, national origin, age, sex, disability, marital status or other category protected by law. 9. INSURANCE COVERAGE A. COMMERCIAL GENERAL LIABILITY Consultant shall provide commercial general liability insurance coverage in the amounts of $1,000,000.00 each occurrence/$2,000,000.00, general aggregate. The Monroe County Board of County Commissioners, Monroe County, Florida shall be named as additional insured. B. AUTOMOBILE LIABILITY Consultant shall provide automobile liability insurance coverage for the Consultant's vehicles in the amount of $1,000,000.00, combined single limit, each accident. The Monroe County Board of County Commissioners, Monroe County, Florida shall be named as additional insured. C. WORKERS COMPENSATION Consultant shall provide workers' compensation insurance coverage for the Consultants but County retains the right to direct and control the work of the Consultants. The parties agree to immediately notify each other of any injury or accidents or any claim for workers compensation benefits involving the Consultants assigned to County's facility. 10. AMENDMENTS AND WAIVERS No provision of this Agreement may be amended or waived unless such amendment or waiver is agreed to in writing and signed by the parties. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach hereof. 11. INEFFECTIVE PARTS 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 the Consultant 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. 12. FINAL AGREEMENT This Agreement contains the entire understanding between the parties hereto and supersedes all prior 4 agreements and understandings relating to the subject matter hereof, and may be modified only in writing executed by the parties. 13. SURVIVABILITY To the extent necessary to provide Consultant with the full and complete benefit of this Agreement, the provisions in this Agreement and the obligations of the County hereunder shall survive the termination of this Agreement and shall not be affected by such termination. 14. GOVERNING LAW, VENUE, INTERPRETATION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts 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 the Consultant agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and the Consultant 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. 14. BOOKS, RECORDS AND DOCUMENTS Consultant 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 the Clerk of Court determines that monies paid to Consultant pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Consultant shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Consultant. 15. ATTORNEY'S FEES AND COSTS The County and the Consultant 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, court costs, investigative, and out-of- pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 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. 16. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Consultant and their respective legal representatives, successors, and assigns. k, 17. 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. 18. CLAIMS FOR FEDERAL OR STATE AID Consultant 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. 19. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Consultant agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 20. 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, the County and Consultant 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 Consultant specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 21. NONDISCRIMINATION The Consultant 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. The Consultant agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination rol provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 22. COVENANT OF NO INTEREST County and Consultant covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. 23. CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 24. NO SOLICITATION/PAYMENT The County and Consultant 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 Consultant 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. 25. PUBLIC ACCESS The County and Consultant 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 Consultant in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Consultant. 26. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Consultant 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 contract entered into by the County be required to contain any provision for waiver. 27. PRIVELGES 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 7 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. 28. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 29. 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 & benefit of any service or program contemplated hereunder, and the County and the Consultant agree that neither the County nor the Consultant 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. 30. ATTESTATIONS Consultant 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. 31. 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. 32. 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 the parties hereto may execute this Agreement by singing any such counterpart. 33. 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. 34. MUTUAL REVIEW This agreement has been carefully reviewed by the Consultant and the County, therefore this agreement is not to be construed against either party on the basis of authorship. IN WITNESS WHEREOF, The parties have caused these presents to be executed by their respective officer �Lr representative thereunto duly authorized, the day and year first above written. Lm L. KOLHAGE, CLERK Deputy Clerk By�- Witness �Tulk% sc RSS Title MONROE COUNTY BOARD OF COUNTY COMMISSIONER By- 41k-- ayo / airman CONCH W , INC. By Sigry#6re of Alt rized Representative C i o 70 r-1 r l� 0 ;a G9 Conch Wastewater, Inc. 30375 Quail Roost Trail Big Pine Key, FL 33043 (305)522-2830 AccountsPayable@ConchWastewater.com Marathon Airport Mr. James Paros, Director of Public Safety 9400 Overseas Hwy, Suite 200 Marathon, FL 33050 Plea�c detadl top portion and return vaitit your pa"nleut. • Operation and Maintenance of Domestic Wastewater Treatment Facility. • Completing and submitting the monthly Discharge Monitoring Report • Required Monthly Effluent Testing BOD, Carbonaceous 5 day, 20C laboratory results. • Required Monthly Effluent Testing fecal coliform laboratory results. • Required Monthly Effluent Testing Total Nitrogen, (as N) laboratory results. TN (H2SO4 preserved for TKN+NO2+NO3/TP) • Total Phosphorous, (as P) included in Required Effluent Testing Total Nitrogen results. TP (H2SO4 preserved for TKN+NO2+NO3/TP) • Required Effluent Testing total suspended solids laboratory results. • Required Monthly Influent Testing BOD, Carbonaceous 5 day, 20C laboratory results. • Required Monthly Influent Testing total suspended solids laboratory results. • ***THIS IS A PROPOSAL*** $585.75 4.33 75.00 1 45.00 1 36.00 42.00' 54.00' 0.00, 24.00 36.00 i 24.00'i 0.00 SUBTOTALI TAY /7 R,041. 324.75 45.00 36.00 42.00 54.00 0.00 24.00 36.00 24.00 0.00 $585.75 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Wft_�feL&j_6W_ _:I�jc - (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Date PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for 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 public entity, may not be awarded or perform work as a contractor, 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." LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE cj�'nCk -j warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former STATE OF F/ev �� -a- COUNTYOF MO I-N--- employee. Date: / ' S- 20 ( PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this 27 day of 20iL. NOTARY PUBLIC My commission expires: '7 Im / (� OMB - MCP FORM #4 * MY COMMISSION t EE 058280 EXPIRES: July 4, 2013 BwWThru Budget Notary Services 0 0 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 to those systems which have a valid permit on July 30, 2010, and are located in areas to be connected to central facilities. Monroe County Board of Commissioners James R Paros, Director Of Public Safety 9400 Overseas Highway Suite 200 Marathon, FL 33050 Monroe County-DW Marathon Airport Terminal WWTP PA File No. FLA014709-003-DWF/MM Keys Basin NOTICE OF PERMIT REVISION Exhibit A Charlie C'rist Governor Jeff Kottkamp I.t. Governer Michael W. Sole Secretary 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 (CBOD5) of 10.0 mg/L; b. Total suspended solids (TSS) of 10.0 mg/L; C. Total nitrogen (as N) of 10.0 mg/L; d. Total phosphorus (as P) of 1.0 mg/L. [Chapter 403.086(l0), Florida Statutes] All other conditions of the permit shall remain unchanged. This letter must be attached to the referenced permit and becomes a permanent part thereof. 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. Pagel of 3 FACILITY: Marathon Airport Anal WWTP PA File No.: LA 14709-003 PERMITTEE: Monroe County Board of Commissioners Under Rule 62-1 10.106(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 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 120.569 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 petitioner's 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 tiled with the clerk of the Department. Page 2 of 3 FACILITY: Marathon Airport T*al WWTP PA File No.: 14709-003 PERMITTEE: Monroe County Board of Commissioners Executed in Fort Myers, Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Jon .Igleh t 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. `; %P1 6&,,3 7 Z3ia [Clerk] [Date] CERTIFICATE OF SERVICE The undersigned hereby certifies that this NOTICE OF PERMIT REVISION and all copies were mailed before the close of business on July Z3, 2010, to the listed persons. JMI/NWM/jl Copies furnished to: Steven Johnson Page 3 of 3 Jeb Bush Governor department of 04 Environmental Protection South District P.O. Box 2549 Fort Myers, Florida 33902-2549 STATE OF FLORIDA Colleen M. Castille Secretary DOMESTIC WASTEWATER FACILITY PERMIT PERMITTEE: PERMIT NUMBER: FLA014709 PA FILE NUMBER: FLA014709-002-DW4P Monroe County, Board of County Commissioners ISSUANCE DATE: October 20, 2005 EXPIRATION DATE: October 19, 2010 RESPONSIBLE AUTHORITY: Mr. James Paros Director of Public Safety 9400 Overseas Highway Suite 200 Marathon, Florida 33050 (305)289-6060 FACILITY: Marathon Airport 9400 Overseas Highway Marathon, FL 33050 Monroe County Latitude: 24' 43' 35" N Longitude: 81' 02' 53" W 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: Operate an existing 0.0075 MGD three month average daily flow (TMADF) permitted capacity extended aeration wastewater treatment facility consisting of a 3000 gallon surge tank, splitter box, a single 8300 gallon aeration basin, dual 1650 gallon clarifiers, a single 1957 gallon aerobic digester, dual 34 ftz Pyradeck filters, dual 550 gallon chlorine contact chambers with effluent disposal to DISPOSAL: Underground Injection: An existing 0.0075 MGD three month average daily flow (TMADF) permitted capacity underground injection well system f U-001 } consisting of 2 Class V underground injection wells permitted under Department permit numbers 63006-007 and 63006-008 discharging to Class G-I11 ground water. Permits 63006-007 and 63006-008 are part of this permit, FLA014709. Underground injection well system U-001 is located approximately at latitude 24 ° 43' 35" N, longitude 81 ° 02' 53" W. IN ACCORDANCE WITH: The limitatiotir, monitoring requirements and other conditions .set forth in Pages 1 through 17 of this permit. More ProP9V t Js rocalss" Printed on recycled paper. G ., N G t O O O C 0 p z •a .° •a •a o •a •a r U U U U y U U p O O„ N •C H Cd 0 O � LLY.. y Aq w y O m N ci Z o of w oM o Ca y eq > Mo g z .b � 2 ° U "' O 2 � U w O o o W �1 c U c3 G > �' � °' a 3 o� E E v V 15 N O � > > > OxTA w z °O E � � of ° Ocn Q c cnoW �° oo Pro c _o o u o p N U i o 0, 0 u. a c o Qaoa p rn a O o °' c g ci ° o to c D ' v v z d o a `' c o y 5g 0 0 0 U LE S v oq N d o U W a Z oL F •FACtLITX: Marathon Airport PERMIT NUVR: FLA014709 PERMITTEE: Monroe County, Board of Couecommissioners 9400 Overseas Highway Suite 200 Marathon, Florida 33050 3. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition I.A.1 as described below: Monitoring Location Site Number I Description of Monitoring Location EFA-1 I After final treatment (CCC) and prior to discharge into infection well 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)J 5. A minimum of 0.5 mg/L total residual chlorine must be maintained for a minimum contact time of 15 minutes based on peak hourly flow. [62-600.440(4)(b)J 6. Grab samples shall be collected during periods of minimal treatment plant pollutant removal efficiencies or maximum hydraulic and/or organic loading. [62-600.740(1)(a)(2)J Page 3 of 17 0 au T W) W) kf) Ln o V 9 o v O M M M M •O � ? r.i r r r z C O p G c U Cd y y y yy� w C cl O � a a w o wl cl ~ 00 X � o ; U � •� � e e e e � e o ca c Cd M m s O � 3 O b,� m a U ccl K .U+ cd C � C Y •O Lf) a�i 0- 0 V $$a��{ W 0cts 5 U U Ili CIO r A Q W o QO b o o u a wa m 0 z a a FACILITY: Marathon Airport PERMIT NU R: FLA014709 PERMITTEE: Monroe County, Board of Co*ommissioners 9400 Overseas Highway Suite 200 Marathon, Florida 33050 2. Samples shall betaken at the monitoring site locations listed in Permit Condition I.B.1 as described below: Monitoring Location Site Number Description of Monitoring Location FLW-1 Elapsed time meters on lift station pumps INF-1 At dischara eoint into sur a tank from lift station 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 utilized to measure flow shall be calibrated at least annually. [62-601.200(17) and .500(6)1 5. The influent grab samples for CBOD5, TSS, TN and TP shall be collected on the same day of the month and as close as possible to the same time of day that the effluent samples are collected. 162-601.300(6)J 6. 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)] 7. The permittee shall provide safe access points for obtaining representative influent, reclaimed water, and effluent samples required by this permit. [62-601.500(5)] 8. 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. 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 Due Date Monthly or First day of month — last day of 28 day of following month Toxicity month Quarterly January 1- March 31 April 28 April 1 — June 30 July 28 July 1 — September 30 October 28 October 1 — December 31 January 28 Semiannual January 1 — June 30 July 28 Jul 1 — December 31 January 28 Annual January 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 form(s) and shall submit the completed DMR form(s) to the Department's South District Office at the address specified in Permit Condition I.B. 9 by the twenty-eighth (28th) of the month following the month of operation. [62-620.610(18)1162-601.300(1), (2), and (3)1 Page 5 of 17 FACILITY: Marathon Airport PERMIT NU R: FLA014709 PERMITTEE: Monroe County, Board of CouWommissioners 9400 Overseas Highway Suite 200 Marathon, Florida 33050 9. 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: Florida Department of Environmental Protection 2796 Overseas Highway Suite 221 Marathon, Florida 33050 Phone: 305-289-2310 FAX: 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] II. RESIDUALS MANAGEMENT REQUIREMENTS 1. The method of residuals use or disposal by this facility is transport to Miami/Dade County South District Regional WWTP or Miami/Dade Central WWTP or other WWTPs referenced in Permit No. FLA016967 via the Monroe County transfer stations. 2. The permittee shall be responsible for proper treatment, management, use, and land application or disposal of its residuals. [62-640.300(5)] 3. Disposal of residuals, septage, and other solids in a solid waste landfill, or disposal by placement on land for purposes other than soil conditioning or fertilization, such as at a monofill, surface impoundment, waste pile, or dedicated site, shall be in accordance with Chapter 62-701, F.A.C. [62-640.100(6)(k)3 & 4] 4. 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)] 5. Storage of residuals or other solids at the permitted facility shall require prior written notification to the Department. [62-640.300(4)] 6. The permittee shall keep hauling records to track the transport of residuals between facilities. The hauling records shall contain the following information: Source Facility 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 Residuals Management Facility or Treatment 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 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. [62-64a880(4)] Page 6 of 17 FACILITY: Marathon Airport PERMITTEE: Monroe County, Board of Couw-ommissioners 9400 Overseas Highway Suite 200 Marathon, Florida 33050 III. GROUND WATER REQUIREMENTS Construction Requirements Section III, Construction Requirements, is not applicable to this facility. Operational Requirements PERMIT NUWR: FLA014709 1. The ground water minimum criteria specified in Rule 62-520.400 F.A.C. shall be met at the point of discharge. [62- 520.400 and 62-520.430] IV. ADDITIONAL REUSE AND LAND APPLICATION REQUIREMENTS Section IV is not applicable to this facility. V. OPERATION AND MAINTENANCE REQUIREMENTS 1. During the period of operation authorized by this permit, the wastewater facilities shall be operated under the supervision of an operator 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 D facility and, at a minimum, operators with appropriate certification must be on the site as follows: A Class D or higher operator for 2 nonconsecutive visits/week for 1 hour/week. The lead operator must be a Class D operator, or higher. [62-620.630(3)] [62-699.3101 [62-610.4621 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. Daily checks of the plant shall be performed by the permittee or his representative or agent 5 days per week. On those days when the facility is not staffed by a certified operator, the permittee shall ensure that Flow, pH, Total Residual Chlorine (For Disinfection) are monitored in accordance with Part I of this permit. [62-699.31](1)] 3. When the three-month average daily flow for the most recent three consecutive months exceeds 50 percent of the permitted capacity of the treatment plant or reuse and disposal systems, the permittee shall submit to the Department a capacity analysis report. This initial capacity analysis report shall be submitted within 180 days after the last day of the last month of the three-month period referenced above. The capacity analysis report shall be prepared in accordance with Rule 62-600.405, F.A.C. [62-600.405(4)] 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 on the site of the permitted facility: 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; 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; Page 7 of 17 FACILITY: Marathon Airport PERMIT NU)WR: FLA014709 PERMITTEE: Monroe County, Board of Cou ommissioners 9400 Overseas Highway Suite 200 Marathon, Florida 33050 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 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. [62-620.3501 VI. SCHEDULES Section VI is not applicable to this facility. 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 62-4.050, 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)1 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. 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)1 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 stormwater into collection/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)1 5. Collection/transmission system overflows shall be reported to the Department in accordance with Permit Condition IX. 20. [62-604.5501 [62-620.610(20)] Page 8 of 17 FACILITY: Marathon Airport PERMIT NU R: FLA014709 PERMITTEE: Monroe County, Board of Couw-ommissioners 9400 Overseas Highway Suite 200 Marathon, Florida 33050 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)J 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)J 9. The Permittee shall provide verbal notice to the District4 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 District5 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 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)] Page 9 of 17 FACILITY: Marathon Airport PERMIT NUWR: FLA014709 PERMITTEE: Monroe County, Board of Coulocommissioners 9400 Overseas Highway Suite 200 Marathon, Florida 33050 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: 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. 162-620.610(10)J Page 10 of 17 FACILITY: Marathon Airport PERMIT NUOR: FLA014709 PERMITTEE: Monroe County, Board of Coun Commissioners 9400 Overseas Highway Suite 200 Marathon, Florida 33050 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. [62-620.610(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- 62a610(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)] 16. 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; 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(17) ] 18. Sampling and monitoring data shall be collected and analyzed in accordance with Rule 62-4.246, Chapters 62-160 and 62-601, F.A.C., and 40 CFR 136, as appropriate. a. Monitoring results shall be reported at the intervals specified elsewhere in this permit and shall be reported on a Discharge Monitoring Report (DMR), DEP Form 62-620.910(10), or as specified elsewhere in the permit. b. If the permittee monitors any contaminant more frequently than required by the permit, using Department approved test procedures, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall use an arithmetic mean unless otherwise specified in this permit. Page 11 of 17 FACILITY: Marathon Airport PERMIT NU)&R: FLA014709 PERMITTEE: Monroe County, Board of Coun ommissioners 9400 Overseas Highway Suite 200 Marathon, Florida 33050 d. Except as specifically provided in Rule 62-160.300, F.A.C., any laboratory test required by this permit shall be performed by a laboratory that has been certified by the Department of Health Environmental Laboratory 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 follow the applicable standard operating procedures described in DEP-SOP-001/01 adopted by reference in Chapter 62-160, F.A.C. f. Alternate field procedures and laboratory methods may be used where they have been approved in accordance with Rules 62-160.220 and 62-160.330, F.A.C. [62-62a610(18)1 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(19)] 20. The permittee shall report to the Department any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five 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 time, and if the noncompliance has not been corrected, the anticipated time it is expected to 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. 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 STATE 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; Page 12 of 17 FACILITY: Marathon Airport PERMIT NU*R: FLA014709 PERMITTEE: Monroe County, Board of Coun ommissioners 9400 Overseas Highway Suite 200 Marathon, Florida 33050 f) Location or address of the discharge; g) Source and cause of the discharge; h) Whether the discharge was contained on -site, and cleanup actions taken to date; i) Description of area affected by the discharge, including name of water body affected, if any; and j) Other persons or agencies contacted. 2. Oral reports, not otherwise required to be provided pursuant to subparagraph b.1 above, shall be provided to the Department within 24 hours from the time the permittee becomes aware of the circumstances. 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. [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)] 22. Bypass Provisions. a. Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless the permittee affirmatively demonstrates that: I. 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 permittee 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 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: 1. 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; Page 13 of 17 FACILITY: Marathon Airport PERMIT NUOR: FLA014709 PERMITTEE: Monroe County, Board of Coun Commissioners 9400 Overseas Highway Suite 200 Marathon, Florida 33050 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: General Criteria (a) The terms, conditions, requirements, limitations and restrictions set forth in this permit are "permit conditions" and are binding and enforceable pursuant to section 403.141, F.S. (b) This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action. (c) As provided in subsection 403.087(7), F.S., the issuance of this permit does not convey any vested rights or exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total project which are not addressed in this permit. (d) This permit conveys no title to land, 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. (e) This permit does not relieve the permittee from liability for harm to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefrom; 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. (f) The permittee shall 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, or are required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules. (g) The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of credentials or other documents as may be required by law and at reasonable times, access to the premises where the permitted activity is located or conducted to: 1. Have access to and copy any records that must be kept under conditions of this permit; 2. Inspect the facility, equipment, practices, or operations regulated or required under this permit; and 3. Sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules. Reasonable time will depend on the nature of the concern being investigated. (h) If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following information: A description of and cause of noncompliance; and Page 14 of 17 �ACLITY: Marathon Airport PERMIT NU*R: FLA014709 PERMITTEE: Monroe County, Board of Coun ommissioners 9400 Overseas Highway Suite 200 Marathon, Florida 33050 2. The period of noncompliance, including dates and times; or, if not corrected the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent the recurrence of the noncompliance. The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit. (i) 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 where such use is proscribed by sections 403.111 and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules. 0) The permittee 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. (k) This permit is transferable only upon Department approval in accordance with rules 62-4.120 and 62-528.350, F.A.C. The permittee shall be liable for any non-compliance of the permitted activity until the transfer is approved by the Department. (1) This permit or a copy thereof shall be kept at the work site of the permitted activity. (m) The permittee shall comply with the following; 1. Upon request, the permittee shall furnish all records and plans required under Department rules. During enforcement actions, the retention period for all records shall be extended automatically unless the Department determines that the records are no longer required. 2. The permittee shall hold at the facility or other location designated by this permit records of all monitoring information required by the permit, copies of all reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least three years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule. 3. Records of monitoring information shall include: a. the date, exact place, and time of sampling or measurements; b. the person responsible for performing the sampling or measurements; C. the dates analyses were performed; d. the person responsible for performing the analyses; e. the analytical techniques or methods used; f. the results of such analyses. 4. The permittee shall furnish to the Department, within the time requested in writing, any information which the Department requests to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. 5. If the permittee becomes aware that relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly. (n) All applications, reports, or information required by the Department shall be certified as being true, accurate, and complete. (o) Reports of compliance or noncompliance with, or any progress reports on, requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each scheduled date. (p) 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. (q) 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. Page 15 of 17 MCLITY: Marathon Airport PERMIT NUJWR: FLA014709 PERMITTEE: Monroe County, Board of Coun Commissioners 9400 Overseas Highway Suite 200 Marathon, Florida 33050 (r) The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this permit. (s) This permit may be modified, revoked and reissued, or terminated for cause, as provided in 40 C.F.R. sections 144.39(a), 144.40(a), and 144.41 (1998). 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. (t) The permittee shall give advance notice to the Department of any planned changes in the permitted facility or injection activity which may result in noncompliance with permit requirements. (u) The permittee shall report any noncompliance which may endanger health or the environment including: Any monitoring or other information which indicates that any contaminant may cause an endangerment to an underground source of drinking water; or Any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between underground sources of drinking water. Any information shall be provided orally within 24 hours from the time the 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. (v) 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. (w) No underground injection is allowed that causes or allows movement of fluid into an underground source of drinking water if such fluid movement may cause a violation of any primary drinking water standard or may otherwise adversely affect the health of persons. 2. Signatories and Certification Requirements a. 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. b. In accordance with Rule 62-528.340(4), F.A.C., all reports shall contain the following certification: "I 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." In the event a well must be plugged or abandoned, the permittee shall obtain a permit from the Department as required by Sections 62-528.625 and 62-528.645, F.A.C. 4. The permittee shall notify the Department and obtain approval prior to any well work or modification. The permittee is reminded of the necessity to comply with the pertinent regulations of any other regulatory agency, as well as 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 in implementing flood control measures. This permit should not be construed to imply compliance with the rules and regulations of other regulatory agencies. Page 16 of 17 FACILITY: Marathon Airport PERMIT NUOR: FLA014709 PERMITTEE: Monroe County, Board of Coun Commissioners 9400 Overseas Highway Suite 200 Marathon, Florida 33050 Executed in Fort Myers, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION JMI/NLB Jon M. glehart Director of District Management DATE: 61('Y05t�e- 2o, Page 17 of 17 DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT-PART A . When completed,mail this report to:Department of Environmental Protection,2796 Overseas Highway,Suite 221,Marathon Florida 33050 N PERMITTEE NAME: Monroe County Board of County Commissioners. PERMIT NUMBER FLA014709 MAILING ADDRESS: 9400 Overseas Highway Marathon,Florida 33050 LIMIT: Final REPORT: Monthly CLASS SIZE: N/A GROUP: Domestic FACILITY: Marathon Airport LOCATION: 9400 Overseas Highway MONITORING GROUP NUMBER: U-001 Marathon,Florida 33050 COUNTY: Monroe NO DISCHARGE FROM SITE: n MONITORING PERIOD From: To Parameter Quantity or Loading Units Quality or Concentration Units No.Ex. Frequency of Sample Type oilit Analysis Maximum Average Minimum w Sample Measurement PARM Code 50050 Permitat 0.0075 Report MOD 5 Dar/Week Elapsed time(FMADF) (Monthly Max) Mon.Site No.FLW-I meter BOD,Carbonaceous Sample 5 day,20C Measurement PARM Code 80082 Permit Report Monthly MG/L Monthly Grab G Requirement Average Mon.Site No.INF-1 Solids,Total Suspended Sample Measurement PARM Code 00530 Permit Report Monthly MG/L Monthly Grab G Requirement Average Mon.Site No.INF-I Nitrogen,Total(as N) Sample Measurement PARM Code 00600 Permit Report Max MG/L Quarterly Grab G Requirement w ,n.Site No.INF-1 ',` Sample . • .osphor us,Total (as P p) Measurement PARM Code 00665 Permit G Requirement Report MaxMG/L Quarterly Grab Mon.Site No.INF-1 I 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 on 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. NAME/TITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT !TELEPHONE NO DATE(YY/MM/DD) COMMENT AND EXPLANATION OF ANY VIOLATIONS(Reference all attachments here): DEP Form 62-620.910(10),Effective November 29, 1994 DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT-PART A When completed,mail this report to:Department of Environmental Protection,2796 Overseas Highway,Suite 221,Marathon Florida 33050 , PERMITTEE NAME: Monroe County-Board of County Commissioners PERMIT NUMBER FLA014709e. MAILING ADDRESS: 9400 Overseas Highway Marathon,Florida 33050 LIMIT: Final REPORT: Monthly CLASS SIZE: N/A GROUP: Domestic FACILITY: Marathon Airport LOCATION: 9400 Overseas Highway MONITORING GROUP NUMBER: U-001 Marathon,Florida 33050 COUNTY: Monroe NO DISCHARGE FROM SITE:❑ MONITORING PERIOD From: To Parameter Quantity or Loading Units Quality or Concentration Units No. Frequency of Sample Type Ex. Analysis Maximum Average Minimum D,Carbonaceous 5 day,20C Sample Measurement PARM Code 80082 A Permit Mon.Site No.EFA-1 Requirement MG/L Monthly Grab Solids,Total Suspended Sample Measurement PARM Code 00530 A Permit Mon.Site No.EFA-1 Requirement MG/L Monthly Grab Nitrogen,Total(as N) Sample Measurement PARM Code 00600 A Permit Mon.Site No.EFA-1 Requirement MG/L Monthly Grab Phosphorus,Total(as P) Sample Measurement PARM Code 00665 A Permit Mon.Site No.EFA-I Requirement MG/L Monthly Grab pH Sample Measurement PARM Code 00400 A Permit 8.5 ,p ,an.Site No.EFA-1 Requirement (Max_) 6.0 SU 5 Days/Week Grab (Min.) �e34 Residual Chlorine Sample 'or Disinfection) Measurement PARM Code 50060 A Permit 0.5 MG/L 5 Days/Week Grab Mon.Site No.EFA-1 Requirement (Min.) Coliform,Fecal Sample Measurement PARM Code 74055 1 Permit 800.0 . Mon.Site No,EFA-1 Requirement Max, twl00ML Monthly Grab I 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 on 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. NAME/TITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO DATE(YY/MM/DD) COMMENT AND EXPLANATION OF ANY VIOLATIONS(Reference all attachments here): DEP Form 62-620.910(10),Effective November 29, 1994 • • DAILY SAMPLE RESULTS- PART B Permit Number: FLA014709 Facility: Marathon Airport Monitoring Period From: To:_ Per Cent of Permitted Capacity: Flow CBOI), TSS Nitrogen Phosphorus CBOD5 TSS Nitrogen Phosphorus Fecal TRC p11 Time and (;N1(0)) mg/L mg/L Total Total mg/L mg/L Total Total Coliform mg/L (SU) Type of mg/L mg/L mg/L mg/L (#/100m1) Sample (ode 50050 80082 00530 00600 00665 80082 00530 00600 00665 03636 50060 00400 Mon Site FLW-1 INF-1 INF-I INF-I INF-I EFA-1 EFA-1 EFA-1 EFA-1 EFA-1 EFA-1 EFA-1 4 5 6 7 8 9 10 II I 13 14 15 16 17 18 I9 20 21 3U 31 'rota! Mo.Avg. PLANT STAFFING: Day Shift Operator Class: Certificate No: Name: Evening Shift Operator Class: Certificate No: Name: Night Shift Operator Class: Certificate No: Name: Lead Operator Class: Certificate No: Name: DEP Form 62-620.910(10),Effective Noer 29, 1994 • INSTRUCTIONS FOR COMPLETING THE WASTEWATER DISCHARGE MONITORING REPORT Read these instructions as well as the SUPPLEMENTAL INSTRUCTIONS FOR COMPLETING THE WASTEWATER DISCHARGE MONITORING REPORT before completing the DMR. Hard copies and/or electronic • copies of the required parts of the DMR were provided with the permit. All required information shall be completed in full and typed or printed in ink. A signed,original DMR shall be mailed to the address printed on the DMR by the 28ih of the month following the monitoring period. The DMR shall not be submitted before the end of the monitoring period. The DMR consists of three parts--A, B,and D--all of which may or may not be applicable to every facility. Facilities may have one or more Part A's for reporting effluent or reclaimed water data. All domestic wastewater facilities will have a Part B for reporting daily sample results. Part D is used for reporting ground water monitoring well data. When results are not available,the following codes should be used on parts A and D of the DMR and an explanation provided where appropriate. Note:Codes used on Part B for raw data are different. CODE DESCRIPTION/INSTRUCTIONS CODE DESCRIPTION/INSTRUCTIONS JANC Analysis not conducted. NOD No discharge from/to site. DRY Dry Well OPS Operations were shutdown so no sample could be taken. FLD Flood disaster. OTH Other. Please enter an explanation of why monitoring data were not available. IFS Insufficient flow for sampling. SEF Sampling equipment failure. Lost sample. R Monitoring not required this period. When reporting analytical results that fall below a laboratory's reported method detection limits or practical quantification limits,the following instructions should be used: 1. Results greater than or equal to the PQL shall be reported as the measured quantity. 2. Results less than the PQL and greater than or equal to the MDL shall be reported as the laboratory's MDL value. These values shall be deemed equal to the MDL when necessary to calculate an average for that parameter and when determining compliance with permit limits. 3. Results less than the MDL shall be reported by entering a less than sign("<")followed by the laboratory's MDL value,e.g.<0.001. A value of one-half the MDL or one-half the effluent limit,whichever is lower,shall be used for that sample when necessary to calculate an average for that parameter. Values less than the MDL are considered to demonstrate compliance with an effluent limitation. PART A-DISCHARGE MONITORING REPORT(DMR) Part A of the DMR is comprised of one or more sections,each having its own header information. Facility information is preprinted in the header as well as the monitoring group number,whether the limits and monitoring requirements are interim or final,and the required submittal frequency(e.g.monthly,annually,quarterly,etc.). Submit Part A based on the required reporting frequency in the header and the instructions shown in the permit. The following should be completed by the permittee or authorized representative: No Discharge From Site:Check this box if no discharge occurs and,as a result,there are no data or codes to be entered for all of the parameters on the DMR for the entire monitoring group number:however,if the monitoring group includes other monitoring locations(e.g.,influent sampling),the"NOD"code should be used to individually denote those parameters for which there was no discharge. Monitoring Period:Enter the month,day,and year for the first and last day of the monitoring period(i.e.the month,the quarter,the year,etc.)during which the data on this report were collected and analyzed. Sample Measurement: Before filling in sample measurements in the table,check to see that the data collected correspond to the limit indicated on the DMR(i.e.interim or final)and that the data correspond to the monitoring gk wa up number in the header. Enter the data or calculated results for each parameter on this row in the non-shaded area above the limit. Be sure the result being entered corresponds to the appropriate statistical base code(e.g. ual average,monthly average,single sample maximum,etc.)and units. No.Ex.: Enter the number of sample measurements during the monitoring period that exceeded the permit limit for each parameter in the non-shaded area. If none,enter zero. Frequency of Analysis:The shaded areas in this column contain the minimum number of times the measurement is required to be made according to the permit.Enter the actual number of times the measurement was made in the space above the shaded area. Sample Type:The shaded areas in this column contain the type of sample(e.g.grab,composite,continuous)required by the permit.Enter the actual sample type that was taken in the space above the shaded area. Signature: This report must be signed in accordance with Rule 62-620.305,F.A.C. Type or print the name and title of the signing official. Include the telephone number where the official may be reached in the event there are questions concerning this report. Enter the date when the report is signed. Comment and Explanation of Any Violations:Use this area to explain any exceedances,any upset or by-pass events,or other items which require explanation. If more space is needed,reference all attachments in this area. DEP Fonn 62-620.910(10),effective November 29,1994 PART B-DAILY SAMPLE RESULTS • Monitoring Period:Enter the month,day,and year for the first and last day of the monitoring period(i.e.the month,the quarter,the year,etc.)during which the data on this report were collected and analyzed. Daily Monitoring Results:Transfer all analytical data from your facility's laboratory or a contract laboratory's data sheets for all day(s)that samples were collected. Record the data in the units indicated.Table I in Chapter 62- 160, F.A.C.,contains a complete list of all the data qualifier codes that your laboratory may use when reporting analytical results.However,when transferring numerical results onto Part B of the DMR,only the following data • qualifier codes should be used and an explanation provided where appropriate. CODE DESCRIPTION/INSTRUCTIONS < The compound was analyzed for but not detected. A Value reported is the mean(average)of two or more determinations. J Estimated value,value not accurate. Q Sample held beyond the actual holding time. Y Laboratory analysis was from an unpreserved or improperly preserved sample. Add the results to get the Total and divide by the number of days in the month to get the Monthly Average. Plant Staffing:List the name,certificate number,and class of all state certified operators operating the facility during the monitoring period. Use additional sheets as necessary. D-GROUND WATER MONITORING REPORT Monitoring Period:Enter the month,day,and year for the first and last dayof the monitoring g period(i.e.the month,the quarter,the year,etc.)during which the data on this report were collected and analyzed. Date Sample Obtained:Enter the date the sample was taken. Also,check whether or not the well wass purged before sampling. Time Sample Obtained:Enter the time the sample was taken. Sample Measurement:Record the results of the analysis.If the result was below the minimum detection limit,indicate that. Detection Limits:Record the detection limits of the analytical methods used. Analysis Method:Indicate the analytical method used. Record the method number from Chapter 62-160 or Chapter 62-601,F.A.C.,or from other sources. Sampling Equipment Used:Indicate the procedure used to collect the sample(e.g.airlift,bucket/bailer,centrifugal pump,etc.) Samples Filtered:Indicate whether the sample obtained was filtered by laboratory(L),filtered in field(F),or unfiltered(N). Signature: This report must be signed in accordance with Rule 62-620.305,F.A.C. Type or print the name and title of the signing official. Include the telephone number where the official may be reached in the event there are questions concerning this report. Enter the date when the report is signed. Comments and Explanation:Use this space to make any comments on or explanations of results that are unexpected. If more space is needed,reference all attachments in this area. SPECIAL INSTRUCTIONS FOR LIMITED WET WEATHER DISCHARGES Flow(Limited Wet Weather Discharge): Enter the measured average flow rate during the period of discharge or divide gallons discharged by duration of discharge(converted into days). Record in million gallons per day (MGD). Flow(Upstream):Enter the average flow rate in the receiving stream upstream from the point of discharge for the period of discharge. The average flow rate can be calculated based on two measurements;one made at the start and one made at the end of the discharge period. Measurements are to be made at the upstream gauging station described in the permit. ilitActual Stream Dilution Ratio:To calculate the Actual Stream Dilution Ratio,divide the average upstream flow rate by the average discharge flow rate. Enter the Actual Stream Dilution Ratio accurate to the nearest 0.1. of Days the SDF>Stream Dilution Ratio: For each day of discharge,compare the minimum Stream Dilution Factor(SDF)from the permit to the calculated Stream Dilution Ratio. On Part B of the DMR,enter an asterisk if the SDF is greater than the Stream Dilution Ratio on any day of discharge. On Part A of the DMR,add up the days with an"*"and record the total number of days the Stream Dilution Factor was greater than the Stream Dilution Ratio. CBOD,: Enter the average CBODS of the reclaimed water discharged during the period shown in duration of discharge. TKN: Enter the average TKN of the reclaimed water discharged during the period shown in duration of discharge. Actual Rainfall:Enter the actual rainfall for each day on Part B. Enter the actual cumulative rainfall to date for this calendar year and the actual total monthly rainfall on Part A. The cumulative rainfall to date for this calendar year is the total amount of rain,in inches,that has been recorded since January 1 of the current year through the month for which this DMR contains data. Rainfall During Average Rainfall Year:On Part A,enter the total monthly rainfall during the average rainfall year and the cumulative rainfall for the average rainfall year.The cumulative rainfall for the average rainfall year is the amount of rain,in inches,which fell during the average rainfall year from January through the month for which this DMR contains data. No.of Days LWWD Activated During Calendar Year: Enter the cumulative number of days that the limited wet weather discharge was activated since January 1 of the current year. Reason for Discharge:Attach to the DMR a brief explanation of the factors contributing to the need to activate the limited wet weather discharge. DEP Form 62-620.910(10).effective Novemher 29,1994 A� f" CERTIFICATE OF LIABILITY INSURANCE 0725/�°°"'"r' 11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s . PRODUCER CONTACT NAME: Morgan Insurance Group PHONE FA A/C Noll: 13155 SW 42nd Street, Suite #107 -ADDRESS: PRODUCER CUSTR ID III, Miami, FL 33175 Phone (305) 222-9001 Fax (305) 222-9006 INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: ATLANTIC CASUALTY INS COMPANY 7865102 INSURER B : PROGRESSIVE INSURANCE COMPANY 4951 CONCH WASTE WATER INC INSURER C : 30375 QUAILROOST TRAIL INSURER D : BIG PINE KEY FL 33043 INSURER E : (305) 522-2830 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSR D POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 100,000 ❑� COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 5,000 A ❑ ❑ CLAIMS -MADE❑ OCCUR ❑ 1003193 03/30/2011 03/30/2012 PERSONAL BADVINJURY $ 1,000,000 ❑ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 ❑ POLICY ❑ PE& ❑ LOC B AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ ALL OWNED AUTOS SCHEDULED AUTOS ❑ HIREDAUTOS 07535399-0 07/07/201 O 07/07/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ ❑ NON-OWNEDAUTOS $ ❑ $ UMBRELLA LIAB OCCUR ❑ EACH OCCURRENCE $ ❑ EXCESS LIAB ❑ CLAIMS -MADE- AGGREGATE $ ❑ DEDUCTIBLE ;- ' $ $ RETENTION $ - WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A - T R I R E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE 1 $ (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER IS LISTED AS AN ADDITIONAL INSURED. RE:OPERATIONS AND MAINTENANCE -SEWAGE TREATMENT PLANT, MONRIE COUNTY MARATHON AIRPORT, MONROE COUNTY, FL CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE MONROE COUNTY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. BOARD OF COUNTY COMMISSIONER'S 110 SIMONTON STREET AUTHORIZED REPRESENTATIVE KEY WEST, FLORIDA 33040 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) OF The ACORD name and logo are registered marks of ACORD