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08/17/2011 Contract DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: August 22, 2011 TO: Dent Pierce, Director Public Works Division ATTN: Beth Leto, Assistant Director Public Works Division FROM: Isabel C. DeSantis, D.C. At the August 17, 2011, Board of County Commissioner's meeting, the Board granted approval of the following: Item C20 Award of Bid and execution of a contract with U. S. Water Services Corporation for operation and maintenance of the wastewater treatment plant at the Marathon Government Center. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance File AGREEMENT FOR OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT—MARATHON GOVERNMENT CENTER This Agreement is made and entered into this /7 day of August, 2011,between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and U. S. WATER SERVICES CORPORATION ("CONTRACTOR"), a Florida corporation, whose address is 4939 Cross Bayou Boulevard,New Port Richey, Florida 34652. WHEREAS, COUNTY desires to provide operation and maintenance of wastewater treatment plant for the MARATHON GOVERNMENT CENTER, Monroe County, and WHEREAS, CONTRACTOR desires and is able to provide operation and maintenance of wastewater treatment plant for the MARATHON GOVERNMENT CENTER, Monroe County; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide operation and maintenance of wastewater treatment plant for the MARATHON GOVERNMENT CENTER Monroe County,now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document, the bid documents exhibits, and any addenda only. 2. SCOPE OF THE WORK: A. The Contractor's services shall include all DEP requirements stipulated in the Operating Permit (attached as Exhibit A) in order to operate the facility efficiently and reliably, and to maintain the facility according to the Permit. The Contractor shall invoice the County for the operation and maintenance services on a monthly basis, in arrears, at the fee schedule rate. The Contractor shall: i. Comply with all conditions specified within the current Permit for this facility ii. Comply with all DEP rules, Florida Statutes, and county and local regulations pertaining to the operation and maintenance of wastewater facilities, systems of treatment and control, and related appurtenances. iii. Notify the County Facilities Maintenance Department, by written notice, of changes in DEP rules, Florida Statues, county and local regulations, as they apply to plant permitting or operations. iv. Become familiar with all Permit requirements, DEP rules, Florida Statutes, and county and local regulations which affect the above referenced wastewater facility. In addition, the contractor shall advise and make recommendation to the County on matters concerning the operation of the facility, and shall provide written notification to the County of any and all deficiencies encountered that may result in a non-compliance operating violation. This notification shall include the observation of the deficiencies, MGC WWTP Agreement 1 May 2011 • recommended corrections, and cost estimates. Said notification shall be delivered to the Facilities Maintenance Director for review and approval. In the event that the County shall receive a notice on non-compliance or of potential violation, written notice shall be given to the contractor. v. Provide, and maintain on site, records as required by the Permit conditions. The Contractor shall submit supplemental copies of record documents and monthly operation reports (MOR)to the Facilities Maintenance Director. vi. Inspect and maintain the facility's equipment, practices, and operation regulated or required by the Permit conditions. vii. Perform all other routine operation and maintenance tasks for the facility as part of the monthly service and included in the monthly fee such as, but not limited to, the following: a. Operate the wastewater facility according to the manufacturer's specifications and pursuant to the Federal, State, County, and local regulatory rules with particular attention to Florida Laws, Chapter 403 and the Florida Administrative Codes, 62- 600, 62-604, 62-610, 62-611, 62-640, F.A.C., and other applicable sections; b. Inspect and lubricate all equipment which requires lubrication in accordance with the manufacturer's specification and recommendations c. Supply, monitor, and record chlorine feed and effluent residuals regularly. Chlorine costs shall be included in the monthly operation and maintenance fee. d. Replace motor/blower belts when required (labor and parts furnished by the Contractor); e. Clean blower filters on a regular basis; f. Repair minor electrical and plumbing problems at the contractors cost of$500.00 and below; g. Perform minor repairs of pump station equipment and controls at the contractors cost of$500.00 and below; h. Maintain proper adjustment of all apparatus controls; i. Maintain all painted surfaces; j. Record the daily flow in gallons per day; k. Record the Ph of effluent; 1. Daily maintain air to all required components of the treatment plant. The contractor shall individually check and clean all air diffusers and skimmers as required, then adjust aeration as required to maintain plant balance; m. Check sludge return; n. Transfer sludge as required to various plant components and concentrate into the digester as necessary to maintain plant operating efficiency; o. Mechanically check standby equipment weekly; p. Clean and hose down plant regularly to maintain good housekeeping of the facility, and remove all unsightly debris and materials from facility area on a regular basis; q. Provide all digester sludge removal services: Maximum of four removals annually, when required. Any additional removals in excess of 1,200 gallons require the County's prior written approval; the contractor shall notify the Facilities MGC WWTP Agreement 2 May 2011 i• Maintenance Department when such additional removals are anticipated. The cost breakdown for any removals beyond the four cited above shall consist of the disposal cost to the contractor plus_% handling charge. The Contractor shall be solely responsible for all sludge removal services and any required testing. The Contractor shall submit to the Facilities Maintenance department a copy of the landfill inbound charge (dump) ticket(s) after every sludge removal service; and r. Provide for emergency standby pumping services for the facility (inclusive of all necessary equipment, materials, and labor) in the event that an unusual occurrence makes it necessary to immediately pump out a plant to prevent untreated wastewater.from improperly escaping into the environment. The Contractor shall perform this function to the best of the Contractor's ability considering the circumstances surrounding the unusual occurrence, and such occurrences shall qualify this as an emergency service. viii. Provide sampling, testing,-results, and monitoring of any-substances or - parameters at any locations reasonably necessary to assure compliance with the Permit conditions or DEP rules. ix. Protect the County from any condition which may result in non- compliance with DEP rules, Florida Statutes, or county or local regulations to the best extent possible. Inform the County immediately and in writing at once upon recognition of a potential problem. x. Maintain a copy of the current Operating Permit on site. xi. Maintain monitoring and record keeping as required by the Permit conditions, DEP rules, county and local regulations. B. REPAIRS The Contractor shall make all repairs as necessary to assure that the facility is operating efficiently, reliably, and in accordance with all requirements of the DEP and the DEP Operating Permit. When the Contractor deems a repair to be necessary, and over $500.00, the Contractor shall prepare a detailed cost estimate based on the fee schedule rates stipulated in the contract for labor, actual cost of parts needed to make the repairs, plus the handling charge as indicated in the contract, and present it to the County for approval. After approval the Contractor shall initiate the approved repairs within 48 hours of said approval. Upon completion of the repairs, the Contractor shall document the work performed as is required by the DEP Operating Permit and other on-site service logs. In any calendar month in which any individual invoice total for Repair(s) as defined above do(es) not exceed $500.00, the Contractor will not invoice said amount to County and the Contractor will be responsible for said amount. In any calendar month in which any individual invoice total for Repair(s) as defined above exceed(S) $500.00, the Contractor will invoice the County and after review and approval of the invoice,pay the full amount stated on the invoice.. C. EMERGENCY SERVICE The County shall contact the Contractor immediately when an emergency call is needed. The Contractor shall also notify the County immediately in the event of a facility emergency. The Contractor and the County shall make entries into a log, which shall include; the date and time the problem was discovered, a description of the problem, the date and time the contractor was notified, the date and time the contractor arrived at the facility, the date-and time the Contractor departed, and a summary of the steps taken to rectify the MGC WWTP Agreement 3 May 2011 problem. The Contractor shall respond to all emergency calls which occur during normal working hours and holidays and weekends within three hours of notification by the County (see Section 2.E. Exceptions). The Contractor and the County shall simultaneously log the time the County contacted the contractor for an emergency service documentation of the above time requirements. The Contractor shall invoice the County for after-hour, weekend and holiday emergencies based on the applicable hourly rate indicated in the contract, the actual costs of any parts used to rectify the problem, plus the applicable percentage as stipulated in the contract. D. ADDITIONAL SERVICES When requested by the County, the Contractor shall advise and recommend, in writing to the County, any needed improvements, and shall invoice the County at the fee schedule rates for labor as specified in the contract. E. EXCEPTIONS All of the above described tasks or requirements shall be considered routine duties of the contractor except: i. Repairs which are over the $500.00 limit, as defined in Section 2.B. REPAIRS, shall be based on the fee schedule rates for labor for "Emergency Service Calls (Monday—Friday after normal working hours)"outlined in the contract. ii. The Contractor shall not be held responsible for the inability to perform due to factors beyond the Contractor's control. F. MAJOR COMPONENT FAILURE In the event of a major component failure or system breakdown, the COUNTY, when deemed as an emergency situation, shall have the option to request from the CONTRACTOR only, a proposal/quote for replacement equipment in an amount that could exceed Five Thousand Dollars ($5,000). Any proposal over $5,000 up to and including $10,000 must be approved and signed by the Division Director and/or the County Administrator. Any proposal over $10,000 up to and including $25,000 must be approved and signed by the Division Director and the County Administrator. 3. CONTRACT AMOUNT The County shall pay to the Contractor for the faithful performance of the Contract,in lawful money of the United States,as follows: 1) Monthly Operation and Maintenance Services $ 1,015.00 per month (as outlined in the contract specifications) $12,180.00 per year 2) Repairs-beyond the $500.00 limit(routine,prior approval required). Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays $ 75.00 per hour 3) Emergency service call. Overtime rate for hours other than normal hours as stated above, including weekends and holidays. $108.15 per hour 4) Handling fee for parts required for operation,maintenance, Repairs and emergency services, excluding freight and tax which MGC WWTP Agreement 4 May 2011 are reimbursed with no markup Cost+25 5) Sludge removal(beyond four per year required as Regular maintenance) Cost+25 % Note: There are no additional costs for travel, mileage, meals, or lodging. The Contractor's request for payment must itemize each of the costs stated above. 4. PAYMENTS TO CONTRACTOR A. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of invoice by CONTRACTOR. B. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. C. In any calendar month in which a repair invoice (as defined above) does not exceed $500.00, the Contractor will not invoice said amount to County and the Contractor will be responsible for said amount. In any calendar month in which repair invoice (as defined above) exceeds $500.00, the Contractor will invoice and the County will, after review and approval of the invoice,pay the full amount stated on the invoice. 5. TERM OF AGREEMENT This Agreement shall commence on_September 1, 2011, and ends upon August 31, 2012,unless terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two (2) one-year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one(1) year. The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U annualized computation at December 31 of the previous year.. 5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. 6. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized MGC WWTP Agreement 5 May 2011 representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 7. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 8. HOLD HARMLESS AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, sub-contractors or other invitees during the term of this AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, sub- contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation,proceedings, costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE: Where applicable, worker's compensation coverage to apply for all employees at a minimum statutory limit as required by Florida Law, and Employer's Liability coverage in the amount MGC WWTP Agreement 6 May 2011 of$100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease,policy limits, and$100,000.00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $50,000.00 per person, $100,000.00 per occurrence, and $25,000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with limits of liability of not less than $300,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. POLLUTION LIABILITY — The minimum limits of liability shall be: $500,000 per Occurrence combined single limit, $1,000,000 Aggregate CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMP. 9. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 10. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 11. NONDISCRIMINATION CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further MGC WWTP Agreement 7 May 2011 action on the part of any party, effective the date of the court order. CONTRACTOR 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 provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 12. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 13. COMPLIANCE WITH LAW AND LICENSE REOUIREMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 14. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. MGC WWTP Agreement 8 May 2011 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 16. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested,to the following: FOR COUNTY: FOR CONTRACTOR: Monroe County U. S.Water Corporation Facilities Maintenance Department ATTN: 3583 South Roosevelt Boulevard 4939 Cross Bayou Boulevard Key West, FL. 33040 New Port Richey,FL 34652 and Monroe County County Attorney PO. Box 1026 Key West,FL 33041-1026 17. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding,related to services rendered under this agreement. MGC WWTP Agreement 9 May 2011 18. TERMINATION A. The COUNTY may terminate this Agreement with or without cause prior to the commencement of work. B. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. C. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so with neither party having any further obligation under the term s of the contract upon termination. 19. GOVERNING LAW,VENUE,INTERPRETATION, COSTS,AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 21. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid-provision that comes as close as possible to the intent of the stricken provision. 22. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not,through all levels of the court system. MGC WWTP Agreement 10 May 2011 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 25. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 26. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 27. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 28. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law MGC WWTP Agreement 11 May 2011 except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 30. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require; to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 32. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 33. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 34. SECTION HEADINGS Section headings have been inserted iftlii Agreement as a matter of convenience o reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 35. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and MGC WWTP Agreement 12 May 2011 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." 36. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County therefore, this agreement is not to be construed against either party on the basis of authorship 37. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 38. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this A e ent on the day and date first written above in four (4) counterparts, each of which :::„ Q u �fi�p., roof or accounting for the other counterparts,be deemed an original contract. • Jy; BOARD OF COUNTY COMMISSIONERS M es . KOLHAGE, CLERK OF MONRO CO TY,FLOIDA oc,r" ., By: S"rimer e.„ ; Clerk yor _ - `� r-- Date: ' 1 - II Date: $' 1"7- o N CD Witnesses for CONTRACTOR: U. S. WATER SERVICES CORPORTIQ -) •• o 1 A,, /(- nl t-,t ) Signature of person authoriz to CD CD -- - Signature Dom'„jig- /<'. / //er legally bind Corporation -- Date: , �S , �I I 7/25/20// DA01v, -Sc_t+v�cz_ Date Print Name i-i,v 1 4, C O p , Address:4R3i_ C ,sS ( You 1�Luo t)P��t.- Si a .j, , ZV ONGN{' ' '1 L`7 So+c< s2`?z— 3 465 Z- Telephone Number rii -'fill AJI OE COUPJ MEY 64......„2.5)) Date APR VED M MGC WWTP Agreement 13 ASS 1 -r C fUNTY A f::R�l y 2 1 to c 2,4/1/ EXHIBIT "A" tow:: fi.t 1 F orida Department of • , • Environmental Protection . . . I t. (.4w.0-1101- :FLOR •A. South'District Box'2549. mow! ISSegair Fort Myers,.Florida- 33.902,2549 scrrogy In the Matter of a Statute regarding Permits,for Wastewater Activities in Monroe County. This revision applies only-those systems which have a valid permit on June 30, 2010,and are located in areas to he connected to central facilities. MOnroe Colony Bocc Monroe County4* John:King,Senior Director of Lower Keys Operations Monroe RegiOnal Service Center wthlp 3583S.:Roosevelt Blvd. PA-File NO. FLA0147.01-004-DWF/Mhel Key West,FL13040. Keys Basin NOTICE OF PERMIT REVISION This letter is in response to the recent passage of Chapter 403.086(10);Florida Statutes.The Statutc'requires4 revision to the above referenced permit This revision is issued under Section 403.087 of the Florida Statutes,as follOws;: The expiration date olthis permit is December 342015. Permit Condition LA.2.is revised to read the following: By January I,.2016,the facility either cease all discharges tO the injection wells-or meet effluent limitson an annual basis,as follows: Carbonaceous biochemical Oxygen demand(CBOD5)of 0.0' b. 'Total suspended solids(TSS)of 10.0 ii!g/L; c. Total nitrogen(as N)of 1.0.0 d. Total phosphorus(as 13)of 1.0 ing/L. [C'hamer 4.03.086(10).Florida Statutes] All Other conditions of the pertitit,ShallreMaih uocbauged. This letter must be attached to the referenced,permit and becomes a permanent parttherecif. 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-.FloridaStatutes,:vvithin fourteen days of receipt of notice. The procedures for petitioning for shearing 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 1.20.57,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 Botilevard,Mail Station 35.Tallahassee,-Florida, 32399-3000: Page I of 3 FACILITY: Monroe-Regional Service Genter.WWTP PLAQ:1217917004-DWE/MM PERM1ITB :' Monroe County Bocc Under Rult.61-110.1015‘ (4);Florida Administrativeode,a personmayrequest enlargement ofthe.time for filing a petition for an administrative hearing; The request must be filed(receivedbytheclerk)inthe Office of General Counsel beforetheend Of thelitne periodforifilinga,petition-for'an administrative hearing: PetitionS bytneapplicant or any of:the persons listed below:must be filed'Within.fOttrteeri dayS Of receipt of thisWrittenrinfide. Petitions filed by any persons other than those entitled to.written notice tinder-Seetion120.00(1).. Florida Statutes must be filed within fourteen days of publication of the..hotieor within fourteen days of receipt of the written notice,whichever 040 first Under Sectiont20.00.(3),. Statutes any person who has osoci,:chk.Dgoalloont for notice of agency Action may.file a petition within fOUrteen days of receipt of such notiee, regard less of the:date of publication. The-petitioner-shill mail a copy of the petition to:the applicant attheaddress indicated.above at the time of filing. The failure of any person to file apetition Withinlourteen days ofreceipt.of notice:shall constitute a waiver ofthat person's fight to:request ahadministrative determination(hearing)under SectiOns 120.569 and 120;57. FloridaStatutes.. Any subsequentlmervention(in:a proceeding initiated by another party)will beonly atthe discretion of the presiding officer,upon the filing:of'a motion in compliance with Rule:28-100.205 _ThridA, Adinitrative."COde. :Apotitto that disputes the material facW on which the Departmenct aetionis:basedintist contain the fonowtnginfoemation (a)Thenarne,addresS„and telephone number Of each petitioner name,nddress;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 isioncated: (b):A.statement of how and when m:eachpetitioner received notice of the Department action: (c)&statement of how each petitioner's substantial interests are affected by the;Departmentaction; (d),Astatentent of all disputed issues ofmaterial fact. ffthereare none,the petition must:so.indicate;. (e)A statement of factsthatthe petitioner contendswarrantreversalor 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:§tatement of the relief sought by the'petithinee stating precisely the action that thePotitiOner Wants the. Department to take. Because theadrninistratiVe liedring:PrOPesis is designed to formulate final agency action,the filingpfa:petition means that the Departmonrs,final action may,be different from the position taken by it 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 theTecyliremerits set forth above. Mediation-under Section 120573,•Plorida Statutes, is not available for this proceeding. This:permit action:is:final and effective on the date tiled with thc,clerk.of the Department unless a'petitiOn is filed in accordance with the above. Upon the timely filing of:a petition this'pOrmit-wi 11';not be effective until.further Order oftheDePartinent. . . Any party to the POtniitilla$:the right to se.O.kiodi041 review of-The:Pettnitnetion under SeetiOn Statutes;by the filing of a notice of appeal under Rules 9.-110 and 9.;149;:floridttRoles of Appellate.Procedure;with the clerk of the Department in the Office of General Counsel Mail Station 35,5900.COmtnOnWealth.13Oulevatcli Tallahassee Florida 32399-31306.ancl-1.4 filing a copy of the notice of appeal by the applicable filing fees with the.appropriate district-court of appeal. The noticeof appeal must be filed'within.30 days from the date when this permit action is filed:iwiththe.clerk of the.Department. Pnge2 of • , FACILITY: Monroe Regional Service Center WWTP PA File No.: FLA014703,004-DWRIVW PEW:I-TEE: Monroe County Bocc Executed in Fort Myers,Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION _ .... Jon M. Iglehart Director of District Management FILING AND ACKNOWLEDGMENT FILET)..,on thiS.date,under Sectibn 120.57. Florida Stabites.with the designated deputy clerk,receipt of which is hereby acknowledged, , [Clerk; Date] .-... 1 CERTIFICATE OF SERVICE The undersigned hereby certifies that this NOTICE OF PERMIT REVISION and all copies were mailed before theclose_of business onitinc '20,10,to the listed.persons, 1Mt/l3Cl/mac Copies furnished to: Steven Johnson Page 3 of 3 ielocrov Florida Department of Charlie Crist Obvernor Environmental Protection left'Kbttkaritp , Lt.GOvernbr FLOR A South District Michael W.'Sple P.O. Box1549 Secretary sesetammazir., • Fort Myers,Florida 33902.L24.9 • CERTIFIED MAIL NO.:70°8'0150 0003 1458,6301 RETURN.RECEIPT REQUETED -9= 7[1:•;:,3 ;By In the Matter of an Application for Permit.by: Monroe County Monroe County—DW Mr John King Monroe Regional Service Center Sr,Director of Lower Keys Operations File Number PLA01.4703- 383,S.,ROeseYelt Blvd. PA File No.iPLA014793-003-DW3P Key West;FL 33040 NOTICE OF PERMIT ISSUANCE Enclosed is Permit Number FLAW 4703:to operate an existing aeration Aortiestic wastewatertreatment facility issued,under Section(s)403.087,Florida Statutes. In accordance with:Chapter 90954.4rWs of Florida;the,xeferented facility will be required to meet.the :more stringent discharge limits,listed in Section I A 2 of this permit,beginning on July I,2010 Replacement or modification of the existing plant will be needed in order to meet the new requirements In order to meet the time requirements of Ruje,6Z-6;0:410 Of the-FloridnAdministrative.Code,an application for replacement or modification of the facility must he'receivedin this office as soon as possible,but,not later than January 1,.1010. Monitoring requirements under this-perrnit areeffective on the first,dwof the second month following permit isstiance.Until such time,the permittee:shall continue to monitor and report in-accordance with previously effective permit requirements,if any. The Department's proposed agency action shall become final.unless a timely petition for an administrative heating is filed under Sections 120 569 and.120;57; Florida Statutes,within fourteen days of receipt of notice, The procedures for Petitioning foto hearing are set forth below: A person whose interests are affected by the Department's proposed permitting decision may petition foran administrative proceeding(hearing)under Sections 120.5,69,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'Conamon*ealth Boulevard,:Mail StatiOn:35,Tallahassee,Florida 323,99;30.00. 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 GeneraltOunsel before theend Ofthe 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 persons other than those-entitled to written notice.underSection 110.643). 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 120.6143),Florida Statutes,however,any person who has Page.1 of 3 FACILITY:: MOrtroeR.egional Service Center PA File No:::FLA014703-003-DW3P PERMITTEE: Methroe County B:O.C.C. asked the Departmentforloticeof agency action-may file a petition within fourteen days of receipt of stiCh uotiee, rogardleSs 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'aCniniStratiVe determination(hearing)under-Sections 120.569 and:120.57, Florida Statates. AnY-SabSetitient',interventiOn(in a proceeding initiated.by another party)will beonly at the discretion of the presiding Officer'upon the flting 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 followinginformation: (a)The name,address,and telephone numberof each petitioner;the name,address,and telephone nittriber 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.'stateinetitof how and when each petitioner received notice of the Department action;'. (c)A statement of how each„tietitioner'S:substantial interests-are affected by the Department action; (t:1).A Statement of all disputed issues 4f.tnateriaVlact, If there are none the petitibn must so indicate; (e)A statement of fictS that the petitioner contends warrant reversal or modification of the Department action;: OA concise statement of the ultimate facts alleged,.as,Well as the rifles 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. Becausethe administrative hearing:process is designed to tormia late:final ageney: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 therequirements.set forth above. Mediation under Section 120:573, Florida Statutes, is not.availablefor 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 orderof the Department. Any party to the permit has the right to seek judicial review of the permit action Under Section 1 2c1,413,,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,. TallabaSSee,Florida,32399000;•and_by filing arcopy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court ofappeal.. The notice of appeal must he filed within.30 days from the date' 'WhenthiS perinitattionis filed With the clerk of the Department. Executed in Et,Myers;Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL.PROTECTION )1477,4te-rY7 A.A1,71‘1.A.-7 Jon M. Iglehart Director of District MattageMeM Page 2 of 3 FACILITY: Monroe Regional Service Center PA File NO.,: FLMI;4703-903-DW3P PERMITTEE: Monroe County B..o.c.c., FILING AN(3 ACKNOWLEDGMENT FILED,on this date,tinder Section 120.52.Florida Statutes,with the designated deputy clerk,receipt ofwhich is hereby.atknowledged. '71)62.6i1 1/-12 -or lerk Date CERTIFICATE OF SERVICE The undersigned hereby ce-Atfies that this NOTICE,OF PERMIT ISSUANCE;and all copies weremailed begifc the close of btiSineSS On'Novetylicif r/7)„2008.to the listed persons. JMI/13Cl/j1 Copies furniShed-tot Sean.Kiewati,P.E.. Gus Rios,FDEP Page 3 or 3 . .40" Florida Department of Charlie...i:tist Governor ........ :.-1 s'•:• Environmental Protection JetT Kottkainp • • . ...... . .. .. - Lt.Governor 1FLOR D A ' ' South District' PA). Box 2549 Michael W.Sole aggigaltUfgager Fort Myers,FL.33902-2549 Secretary 'STATE OF FLORIDA DOMESTIC WASTEWATER FACILITY. PERMIT PERMITTEE: PERMIT NUMBER:. FLA01.4703 PA FILE NUMBER: FLA0147p-003-DWP'Monroe County,B:D.C.C. ISSUANCE DATE: November 17,2008 EXPIRATION.DATE: June 30,2010 RESPONSIBLE AUTHORITY: Mr.John King Sr. Director of Lower Keys Operations 3583.S,Roosevelt Blvd. Key West,FL 33040 (305)292-4531 FAdLITY: Monroe Regional Service Center 2796 Overseas Highway Marathon;FL. 33050. Monroe-County Latitude:24°42'43"N Longitude: 81°05' 52"-VV This permit is issued under the provisions of Chapter 4615 Florida Statutes(F.S.),and applicable rules of the Florida Administrative Code(F.A.C.), The above named permittee is herebyauthorized to.operate the facilities shown.on the aPPlication'and other documents attacheclhereto or on file:with the Department and Made a part hereorandspecifically described as follows: TREATMENT FACILITIES: 'Operate an,existing Q.010 million.gallOns,per day,three month average daily'flow(MOD,TMADF)extended aeration domestic wastewater treatment plant consisting of two 5;000 gallon aeration tanks,a 2,850.gallon final settling tank,a 650,gallon chlorine contad Charnber,a 3;500 gallon effluent polishing tank,a 1,300 gallop effluent pumping tank and-a 1,200 gallon Sludge,digester. DISPOSAL: Underground Injection: An existing 0.01 million gallon per day,three.month average daily:flow(mGD,Tmfion.permitto capacity underground injection well,systemth00 I consisting of(2)two.Class V underground injection wells(9"diameter 60 length casing with open intervals to 90')permitted under Department permit,number(t)64103-003,130 and 64103-004-00 discharging to. Class'G-111 ground water. Pennits 64103-003-U0 and 64103-0C14-110 are included with this permit, FLA014703.Underground injection well system IJ-001 is located approximately at latitude 24°42'43"N,longitude 81 "05'52" Won thesite of the facility. IN ACCORDANCE.WITH:The limitations.monitoring requirements and other conditions set forth in Pages I through 16 of this permit. -Page 1 of 16 FACILITY: Monroe Regional Service'Center PERMIT:NUMBER: FLA014703 PERMITTEE: Monroe CountyB.O.C.C. PA FILE NUMBER: FLA014703-003-DW3P 3583 S. RooseveltBlvd.,Key West,FL 33040 I. RECLAIMED WATER AND EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS A. Underground Injection Control Systems 1. During the period beginning on the issuance date and lasting through the expiration date of this permit,the'permittee;is authorized to discharge effluent to Underground.Injection Well Facility U-001 located on the site of the facility: Such discharge shall be limited and monitored by the permittee:as specified below.and reported in accordance with"condition I.B.8: IlEfllaeot Limitations Monitoring Requirements 71 - --- ; . MonitoringAnnual MonthlyWeekly ,Single Monitoring Loeition SiteParameter tnits Mal/MI"' Average :warp Average Sample Frequency Sample T}pe Notes Number. BOI) Carbonaceous 5 day,20C MG/I. Maximum 20.0 30.0 .45.0 60;0 Monthly Grab. EFF-1 Solids.Total Suspended MG/I. Maximum 20.0 30:0 45.0 60:0. Monthly Grab, EFF-1 pH SIJ Range - - - 6.0 to 8.5 5 Days/Week Grab. EFF-I Coliform, =ecal Sec Permit,Condition LA.3. Monthly t.irab EFF-1 Total Residual Chlorine(For' See MG/I. Minimum. - - - 0.5 5`Days/Week Grab EFF-I' Disinfection). _ Cond.I A.4 • Nitrogen.Total(as N) MG/I. Maximum - - Report Monthly Grab EFF-1 Phosphorus.Total (as P) MG/I. I Maximum - - - Report Monthly Grab EFF-I 2: Beginning onJuly 1,2010,.the facility shall either cease all discharge to the injection was or meet revised annual average effluent limits for<certain. parameters as shown below. The limits for the other parameters listed in I.A.I.will remain the same. 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 99495,,Laws of Florida,Section-6.Subsection(4)and(6/J P'age.2 of 16 FACILITY:. Monroe"RegionalService Center PERMIT NUMBER: FLA014103 PERM I TFEE:: Monroe County B.Q.C.C„ PA FILE NUMBER FLA014703-00S-DW3P .3581 S.Roosevelt Blvd,Key WeSt, FL 13040 3, Effluent samples Shall be taken at die monitoring site lboations.listed in'Permit Condition I A. I,andras,descrihed below: Minritoring:Location Description of Monitoring Location Site Number EFF-I' After diSinfeetion,and priertp cliScliarge.t0 the injection wells. 4.„ The arithmetic mean of the monthly fecal-cOliform values collected during an annual period shall not exceed 200 per 100 mL:of effluent sample. 'Tit 67_geometric.mean of the focal.coliform-values for a minimum:of f0 samples of_effluenteach collected en a Separate day during a"peried.Of 30 consecutive days(monthly),shall not exceed 200 per 100 mL of sarriple, 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 109 niL of sainple, Anyone.sample Shall not exceed:8011fecal coliform values per 100 mL of Sample.Note; To report the:90th percentile,value list fecal conform.values obtained during the Month in ascending order Report the value of tbe:saMple-oat corresponds to the 90th percentile(multiply the number of samples by 0,9): For example for 30saMples;report the corresponding fecal coliform number for we,270:value of ascending order./6'2=00.440(4)(c)] 5. A minimum of 0.5 mg/L total tesiduechlotirie must be maintained for a minimum Contact tithe of 15 MintiteS based.Oti peak hourly flow,(62-600.446i4)(by 6. Grab samples: be collected during periods of minimal treatment plant pollutant removal efficieneics or maximum hydraulic-andfor organic loading. 162q500.740(1) a)21 Page 3..of 16 FACILITY: Monroe Regional Service Center PERMIT NUMBER: FLA01.4703 PERMITTEE: Monroe County B.O.C.C.. PA FILE NUMBER: ,FLAQ14.703.00.3DW,3,P 358-3 S. Roosevelt Blvd,Key West,,TL.13040 B. (Tither II..imitations.and Moriltoringnnd:RepOeting:ReqUirententk 1. ,During the period;beginning on the issuance date and lasting through the expiration date of this pentikthetteatinent facility shall be limited and monitored by the permittee as specified below and reported in.aecOrdatiee.With.cotiditiotil.B.S: Limitations Monitoring Requirements Flow' Olive Month Average Daily...Flow) M: Maximum Annual_ ,Monthly, Weekly Single Monitoring 1"21Alin Average Average Average Sample Frequency Sample 10Alti (TMADF) - - 5 DayAVeekSampletype Meter Monitaring I. Parameter U ocation.Srr ite Ni:Lmsvii t on:;:eBes 3;5 IPereerit Capiteity, Capacity')x PERCE,Nt Maximum - Report - - M011lhly. .Calciilated '.CAL-1 (TMADF/Perinitted lOO• ._ See ROD.Carbonaet!ous 5 day.20C MCi/l. Maximum - Report- - - Monthly blab . • ll'sif.4 Contil.BA See Solids.Total Suspended MGA. Maximum .: Report. _ .: Monthly Grab INF-1 cod:1.13.4 Page 4 0116 FACILITY: Monroe Regional ServiceCenter .PERMIT.NUMBER: FLA014703 PERMITTEE:' Monroe County'EM-.).C;C., PA FILE NUMBER:. FLA014703-003-DW3P 3583.S.ROosevelt Blvd.,Key West,.FL 33040 2. Saniples shall betaken'at the monitoring site InCation*liste4 in PerinitCOnClition,I. B. 1 and-asde-40lbed bele*: Monitoring Location M ...... Description of.Monitoring`Location Site Number , CAL-1 Calculated percent capacity Of the flow FLW=1 Elapsed time meters on effluent pumps are used to:measure flow. INF-I At the influent pipe.'aS jt enters the plaptS'aeration:basin. 3.. The-three-month average daily flow to thetreatment plant shall not exceedi1010.MGD. 4. Influent samples shall be collected.so that;they do not.contain digester.supernataritor return.aCtivatett sludge,.or any Other plant process recycled waters,.[62-09/:,50(10.1. 5. A meter shall hd-titilized tO measure flow and Calibrated.at least:annually. 162401.200(17j and.:500101 6. The,influent grab samples for CBOD5,TSS.TN and TP,Total Ammonia Nitrogen,Total Kjedahl Nitrogen,Total Organic Nitrogen and Total Alkalinity shall be taken on the same day;and as closely as possible to the„same-time of day, •that the effluent:saMple,s are,taken.[62-60/,30.0.('ó)FIC] •7. Paratheters which must be monitored,as a resUlt Of a Surface water discharge Shall be.analyzed u:singastifficiently 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 shali be representative of the monitored activity. 1627620.320M 8. The pettiftIPP shall.ftieVicle safe aceess.pgint,8.for Obtaining representative infltient,reclaimed water,and ellikeht samples which are required by this-permit,.g2-00./.500(5)] 9. Monitoring requirements;under this permit are effective on the first CIO of tl*second:0)0:0 following permit iSnab.Ce:, Until such time,the'permittee:shall continue tomonitorand report in accordance with previously effective permits requirements, if any. During the period of operation authorized by this permit the permittee shall,complete and submit tolheDepartment'sSouth DiStriet Office DischargeMonitoring•Reports(bMRs)in accordance with the frequencies specified by the'R.EPOkitype(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 accordancewithAbe associated DMR due dates below. REPORT Type Monitoring.Period Due Date 'Monthly or First day of month.—last day of 28T1)dayof following month- Toxicity month ,Quarterly January I -March.3 1 April 28 April 1 —June'3.0 -July 28 July,I.—September-30. October 28 October 1 —December 31 January 28 Semiannual January-1 —..june 30 July.28 July'l —December 3 I January 28. Annual January 1 —December 31 "January 28. DMils,shall be submitted for each required monitoring'period including-months.of no discharge: The permitted shall , _ make•ctipieS.of theathiehed OMR:1'01,1gs)and shall submit the,completed DMR fOrrii(S),to the Departments South District Office-at the address specified in Permit Condition LB:9 by th ..tweptylighlli(28th)of the month the month of operation.' [62-.62a61008)J162-60/.300(1). p. and(3)j Page 5.of 16 FACILITY: Monroe Regional Service Center PERMIT NUMBER FLA014703 PERMITTEE: Monroe County B-.Q.C.C. PA FILE NUMBER:. FLA014701-003,13W3P 3583 S. Roosevelt'Blvd., Key West;FL 33040 10. 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 Departments South District'Office the address specified below: Florida Department of Environmental Protection Marathon:Regional Service Center 2796'coverseaa HighWay,Suite 221 Marathon,Florida 33050,2227: Phone-Number (305)289-2310 FAX Number-(305):289=23.14 All FAX copies shall be followed by,original copies. All reports and other information Shall be,Signed iriaccordanee with the tequireinents of Rule 62-620.305.F.A.C. [62-620.30.5, 10-23-00J. .11. RESIDUALS MANAGEMENT REQQIRFMENTS 1. Themethed Of residualS.Useor dispOSal by this facility is transport to'the MiariiiMadeSoutbDiStriet Regional WWII"Or the Miami Dade Central WWTP or other WWTPs referenced in permit NO.FLA016967 via the Monroe County Transfer-StatiOnsOr disposal in a Class.I or II solid Waste,landfill. Z. The,pennittee shall beyesponsible forproper treatment;management,use,and land application or disposal of its residuals. /62-640.300(5)] 3. The pennittee Shall not be heldrespcinsiblefor treatment management.use,or land'application violations‘that occur Ater its residuals have been accepted by a permitted residuals management facility witli'whiCh the source facility has an agreement in accordance with Rule 62 640 880(I)(c) F A C for further treatment,management use or land application. [62-640.300(5)] 4. Disposal of reSiduals,,septage,-and othet solids in a solid waste landfill.,ordisposal 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.62r701,F.A.C. [62-640.100(6)00& 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.[62-640.8800(dg 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 Residuals Management Facility,or Treatment Facility I. Date and Time Shipped 1. Date and Time Received 2. Amount of Residuals Shipped 2. Amount of Residuals Received • Degree of Treatment(if applicable) r3. Name and ID Number of Source Facility 4. Name and laNuMber of Residuals Management 4. Signature of Hauler Facility or Treatment Facility' .5. Signature of Responsible:Party at Residuals 5. Signature of Responsible:Party AtSourceFacil ity Management Facility'or Treatment Facility 6. Signature of Hauler and Name of Hauling Firm These records shall be kept for five years and shall be made available for inspection upon request by the Department A copy ofthe.hauling records information maintained by the source facility shall be provided upon delivery of thareSidnals 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 managemetitfaCilitY or treatment facility. /62-640.8.80(4)] 7. Storage of residuakor other sOlidS*lite pet:mined facility shall require prior written notification to the Department. (62-6403009ff Page'6'of 16 #ACILITV: Monroe Regional.Service,Center PERMIT:NUMBER: PLA011 4:703 PERM ITTEE: Monroe County 13,0,C.C. PA FILE'NUMBER-, FLA014703-003,DW3P 3583 S: Roosevelt Blvd,Key West,FL 33040 HI,'GROUND WATER REQUIREMENTS The ground water minirnum criteria specified irtRule 62-520.400 F.A.C,shall.be met within the.zone eldischarge„ [62- 520:400 avd62r520.420(4)] 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 a(n)operator(s)ceitified in accordance with Chapter 62-602,:F.A.C. .in accordance with Chapter624699,'F.A.:C.,this facility is a Category IIl,Class D facility and, at A minimum,operators with appropriate certification must be on the site as.follows: A.Class 0 orhigher operator for 3 nonconsecutive visits/Week for I Yzlhoursliveek. The lead operator must be a Class'D operator,or higher. 162-620,63.0(3)J162-.699:,31 9.1[62-61 0,4621 • 2: An operator.nneeting the lead operator classification level of the 13147Ashall be,availableduring all periods of plant operation. -"Available means able to be contacted a$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.perinittee•shall ensure that Flow,pH,Total Residual Chlorine (For DiSinfection)are monitored in accordantevith Part 1 of this'perntit. [62-699.3 141 g 3. The application to renew this permit Shall'include an Updatedtapatity-analysis repomprepared in accordance With Rule 64600A05;F.A.C. [02-600.4045.g 4. The application to renew this permit shall'include a,detailed operation and maintenance performance'report prepared in accordance'with ittille0fi00.,735;;F,A,C. 162-666.7j5 5. The permittee shall maintain thefollowing recordssnd make'them available for inspection on the'site of the permitted facility: a. Records of all compliance monitoringinformation,including all calibration and maintenance recordsand 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 repomwas prepared; c. Records of all data,including,reports and documents,used to complete the application for the permit for at least three years froni.the date the application was filed; d. Monitoring information,including a copy of_the laboratory certification showing:the laboratory,certitl-cation 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 indoirentent, C. A..eopy Of the current permit; f: A copy Of the current operation and maintenance manual as required hyChapter62-600,i F.A.C.; g. A copy of the facility,record drawings; h. Copies of the licenses Of the current Certified operators;and Page 7.of 1 6 FACILITY: WIOfithe RegiOnal SetVice Center PERMIT NUMBER:' FLAP 14703 PERM1TTEE: Monroe County B 0 C C PA FILE NUMBER FLA0I4703.-003,-PW3P 35.83 S.Roosevelt plvtl„lceY West FL 33040 i. COpies;of the-logs and Showing plant OperatiOns and equipment maintenance fOr thy*years front the date of the logs or sehedults:. Thelogshall,.at a,Minintini•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 int location accessible to 24-hourinspection,.protectett from weather damage;and current to the last operation and maintenanceperfOrmed. [62-620.350j VI. SCHEDULES Section VI,is not applicable to this facility. VII. 'PRETREATMENT PROGRAM IREQ.ViRt4ESITS• Thisfacilityis not'required to have a-pretreatment program at this time. M2425,5°0] OTDERSptCIFIC CONDITIONS . . I. The Oermittee shall apply for reneival orthis permit at least 180 days before the'expiration:date ofthe permit using-the. appropriate forms listed iivAule62-.626,916,-P;A:C.,IncludingsUbmittal 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 theprovisions of 62-620335(3)and(4),F.A.C. 162420.335(1)-e4g -2. Florida'water quality criteria and standards shall not be violated:as a result of any discharge or landapplication of reclaimed-water or residuals from.this facility. 3. bathe event that the treatment facilities or equipment no longer function as intended,,areno longer-safeintermsof public. health and safety,or odor,noise,aerosol drift,-or lighting adversely affects neighboring developed areas'at the levels prohibited by Rule 62400.,400(2)(a);::FA.C.,corrective action may include additional maintenance or modifications of the permitted facilities)shah be taken by the perinittee, Other corrective action may be required to ensure compliance with rules of the DeParnrient. Additionally,the treatment management use or land application of residuals shall not cause a violation of the odor prohibition in Rule 02-200.320(4.-V.A.C. [62-00:4!10(8):and 62- 640.400(6)J 4. The-deliberate introduction of stormwater-in any amo,untinte collection/transmission systems designed solely-for the introduction(and conveyanCe)of domestic/industrial wastowateil 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 62-6.10.472, F,A.C.. [62;604..130(3)] Collection/transmission system overflows shall be reported to the Department in accordance:with Permit Condition IX. 26, 162,604.-3561 [61,621.610(20g 6. The operating authority of a.collectionitransmission.system and the permittee.ofa treatment plant are prohibited::froni accepting connections of wastewater discharges which have not.received necessary pretreatment or which contain materials or pollutants:(other than normal.domestic wastewater cenStituents): a. Which may cause fire or explosion hazards;or b. Which may cause excessive.corrosion.or-other deterioration pfWaSteWater facilities due to chenticaladienei-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 trgattfolv10t-exqeding4n or otherwise iptlibitiOgleatment;or Page 8'-of•1.6 FACILITY: Monroe Regional::Service,Center PERMIT NUMBER: FLAW 4103 PERMITTEEt, Monroe County B4O.C.C. PA FILE NUMBER: FLAU147:03403-DWIP .31.83 S.Roosevelt Blvd., Key.West, F.L.33040 C., Which result ikthe,'PrOSenCc:. toxicgases,-yap**Orfuth that Maytcause:'worker health or safetyproblems. • i62-09't,130(5)/ • 7. The treatment fatility„stOrage ponds,rapid infiltrationhaSins,and/or'infiltration.trenches shall be:enclosed with:a fence- *,otherwise provided with features to di the entry of animals alistunauthorized persons, T2L600.400(2)(b)l Screening a and the wastewater facilities shall be callected in suitable containers and hauled to a Department apprOyed'Cl4S.J landfill or to a 160drilkapprdyedby the DepartinehtfOriteceiptitliSpOsal of screenings and grit. /0-7p 1.3o6(1)0.11 9, The Perm:Wee hall provide verbal notice 0.the,Departitient a.S.SOOn as practical after diSeOvery of a:SinkhOle-Within an area for the 01.anagesterit or application of wastewater,wastewater residuals(Shidges),or reclaimed Water. The Permittee shall immediately implement measures appropriate to control the oitty ofOontaininatitS',andShall detail:these measures:to the Department in a'written report.within 7 days of.Vie sinkhole‘discovery. T62-4,0700g 10. The permittee shall provide adequate notice to the Department of the.following a, Any new introduction of pollutants into the facility from art industrial discharger which would be subject to Chapter 463, thereqnitementsofChapter.,62-420,,F..kc.2ifit were directly sdisCharging thOSe p011utantOnd • b.. Any substantial change in the volume or Oh4radter 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'fati14,ancF0y anticipated impactoithe Change on the quantity or quality of effluent or reclaimed water to be-diseharged from the. facility. • [62:1620,625-0g 1X- CENER*1,CONDITIONS I. The terms,conditions,requirements,limitations and restrictions-set forth itt.this perrnitarebinding.,anctenfOrceable pursuant to Chapter 403,.Florida Statutea'. Any permit noncompliance constitutes a violation of Chapter 403,,Florida Statates,And is grounds for enforcement actiOn,permit termination titetoit revocation and reiSsuanCe..or permit reviSinn. /02-029,6/9(1)] •Z This permit is valid only.for ke specific processes and operations for and indiCatedirt the approVed,drawingsor exhibita, Any unauthorized deviations from the approved drawings exhibits specifications or conditions of this permit constitutes grounds for revocation'anclanforcemerit action by the Department. 1102-6:00.019(2)/ 3. As provided in subsection 493.987(7),,F.S.,the issuance of this pe.rrnit dOeS not convey any vestedrights:pr 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 regulatiOna. This permit is not a.waNteitifbt approval ofany other Department permit or authorization that may bereqUired for:other:aspects ofthe total:project whichare not Addressed in'this penrtit, t62,62a6lool 4. This.permittonveys notitle to land or'water,does not constitutestate recognition.oracknoWledgment°nide,and does nor constitute authority for the,useof submerged lands unless.herein provided and:the necessary title-or leasehold interests have been obtained from the State Only the Trustees of 'Internal Improvement Trust Fundrmay..express State-opinion•aa-tolitle. [02_620.610(4,)j 5. This permit does not tglieve the permittee from liability and penalties:for:ham.or injury to human:health or welfare,, animal or plant lite,or property caused by the ConstruCtitnyor 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 bas.a reasonable likeiihood of adversely affecting human health or environment. It shall'not be a:defense for:a permittee in an enforcement;action Mat it Page 0:Of 1 6 FACILITY: Monroe Regional Service Center PERMIT NUMBER:, VLA014703 PERMIITEE: Monroe County s.O.c.C. .PA FILE NUMBER: FLA014701-003DWIP 1583,S.RooseveltBlvd,,key West;FL 33040 would have:been necessary to halt or reduce the permitted activity,in togiaintaiii compliance with the:conditions:Of th islierm it. 10,620..6/015)/ ,6, If the i,erntittee WiShes,tq COntitittP-;:a*:40*y.regulated by thi&perinit,after its,expiration datei the permittee shallapply for.and obtain a new permit. [62420,00(6)/ 7, "The permittee Shall:at all times prOperlY operate and maintain the facility and SysteM&of*atmentancl control,and related aOpyrtenance*,that are installed and used:by permittee to achieve compliance With thecondition&ofthiS pqnnit? This provision includes the operation of backup or auxiliary facilities,or similar systems when necessary to maintain or aChieVecOMPliante with the cOnditiOnS of the permit [6.2.-020010(71.1 .8. This permit enay mokiitiod,.revoked ind:rc100ed,Or tcriffilinated-N",Catise, 'The-filing Of aftque$1..hy the permittee fOr *.pettnit reVisititi,revotation and teissuance,:..or termination,or a.petifiCotioti:of planned changes or anticipated noncompliance does not stay any /6,2-;6.?0,619($)] 9. The Perrnitted„:by accepting this permit,vecificAiiyagreetb'ailpW authorized Department personnel including an 40047-04:f-e0gfOtati-ve of the Department and authorized 0'1:A.1;1000nel,whertappliCable,,uptin presentation of credentials or Other documents as maybe required by law,,andlit reasonable tirnes,depending upon the nattire'orthe. concernbeing investigatedAO: 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 perm it; b Have access to and copy,any records that shall bekept.under the conditions of ihispermit . . c. Itispecuthe facilities„equipmenti practices,onoperatiens regulated or required.under this permit;and Sample or monitorany.suhstances-or parameters.arany location necessary toossurecompliance with this permit or Department rules, 16-24.2061,00] 10. In acceptingthis permit,the.permittee understands and agrees that alt records,notes,monitorinttlata,and other information relating to the construction or operation of this permitted source-which are submitted.totheDepartment may be used by the Department.asevidence.in any ertforcetnenteaseinvolvint the permitted source arising underthe Florida :Statutes or Department rules;except as such use is proscribed by Section'403.1 11,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 ofCivil prOcechtte and applicable evidentiary rules. [62:,6:20..610(1.0)] 1.1. -WI:len:requested bythe.Departinent,,the pertnittee shall Within a reasonable time provide any infortnation eel:Orel by law which is nCedeilte determine whether there is cattSe'rorevising,revoking and reissuing or terminating thi$:petit;or to determine compliance with the perniit. ThepertnitteeShall also proVidetothe Department upon request copies of records required by this permit to be kept If the permittee becomes aware of relevant facts that were not tuerrtitteci.ot were incorrect in the permit application,or in any report to the Department such facworinformation:stialrbe promptly. submitted orcorrections promptly reportedto the Department-. [62.-620.611u y 12. Unless specifically statedotherwise in Departmentrules,.thepermittee, in acceptingthis perniit,agrees to:comply with changes in Departmentrules and Florida Statutesafter:a-reasonable time for compliance;provided,how,ever,:the permittee does not waive any other rights granted byclorida-Statutes.or Departmentrules. A reasonable time for compliance with-a-new or amended surface water quality standard other than those standards addressed in Rule 0- 192:$00,,F.A.c.,,shall include a reasonable tiMe to obtain or be denied Irk ing.zone for the new or amended standerd. 1.62,076.610-0211 13. The pennitteet in acceeting this permit,ttgreeSlte pay theapplicable regulatory program and,Onfci)laaCe fee in 0:00).10#with Rule.6241.652, F.A.C. I62-620.610(1311. . , 14. .Thi$:keinitK:tiffosferobtp.only ppOtt Department approval in ttccordinee with-J4002440,340, F.AcC. Tiieperniittee, shall be liable for ahy-itettcoMPliapceOf the permitted activity until the transfer is approved by the Deearnrient. 620.1510041/ Page 10 of 16 'FACILITY:. Monroe Regional.Service Center' FLA014.703, . PERMiTTEE:' Monroe County B 0 C. C PA FILENUMBER: FLA014703,003-DW3P . 3583,S.. Roosevelt:Blvd.;Key West. FL 33040 IS The perraittee.Shalleyethe:Department written notice at least 60 days before inaCtivatiOn or abandonment of a waStewaterfacilityand shall specifywhat steps will betaken-to'safeguard public-health andsafety 40.41404 following inactiVationor abandonment.. [62420:610(15)]. 16 Theperrnittee shall apply for arevisiontathe-Departmenrpermitin'actordance with Rules.61626,300-and the Department of Environmental Protection Guide to Wastewater Permitting at leasr90.days be ford'eMistruction ofany planned substantial modifications to the permitted is to commence or with Rule 61,620.325,(2)•Ibr minor modifications to thepermitted facility. Atevised permit shall he obtained before construction begins except as provided in Rule 02.42.0300,F.A.C. 17: The perinittee giVeadVatieerptice t6 the.DeParunent of any-Planned',changes inthe permitted facilityor activity which may result innoncompliancewitItOetMit reqUiteMents, The perrnittee shall be responsible for any and all damages which may result from the changekand ntay be subject to enforcement action by the Department fOr penalties orrevOcation of this permit. The'notice shall include the fol 16041)g:in fornaatiOn; a A.description of the anticipated b. The period of the anticipated riont 0404400,*1004 dates and thiies;:and c. Steps'being taken to preVerit future.pectirtericeOf,the noncompliance. /62,00.6100M 18: Sampling and monitoring data shall he'C011eeted and.arialy$ed inàccordance with 1010::62-4.246,Chapters 62-1.60and 62,6014„E:At„Tand 40:cf* 130,0.40propii*: Monitoring be reported at the intervals specified elsewhere in this permit and shall be reported Owe Discharge Monitoring Repotr(DMR),DEP form 62-0*.19 10(1 0),ir as specified in'the permit. b. If the permittee monitors ally contaminant more frequently than required by the permit using Department approved test proceduresohetesults.of this monitoring shall be included in the calculation and reporting of the data submitted initheDMR. c. ,,Calculations for all'limitations Whielrrequire averaging of measurements shalil use.an arithmetic mean unless otherwise specified in this permit. d. Except as specifically provided in,Rule 62,160w300;F.A.C.,any laboratory test required hy this petnikshall.he performed by ttlaboratory that hassbeen,certified by the Department of Health Environmental-Laboratory Certification Program(DOH ELCP): Such.certification shall for the matrix,test method andanalyte(s)being measured to comply With:this,perrnit. For domestic wastewater facilities testing for parameters listed in Rule-62, 1.10.0100(4),F:A.C,.shall be conducted tinder the direetiOn-Of ecertified operator. in044104017s4e,teStkancl sample collection shall follow the applicable standard operating procedures'described in.DE P-SQP-001/01 adopted by tekteneeln'ChaPtet 62-100„F.A .C. t Alternate field and laboratory methods may beoSed where they haVebeen approved in accordance with Rules"62,160:220 and 61-I§( 1. [62-620610(18)) Reports of compliance or noncompliance with,or arty progresSrePorts On,„interim.and final rectuirements,contaitied in any compliance schedule detailed elsewhere in this permit shall be submitted no later than l4 days following each schedule-date. 16:7420: 10(i9d: 20. Thepermittet shall report to theDepartmentany noncompliance which may endanger health or the environmentAny - information-shall be,provided orally within:24 hours-from the timelhcperrnittee becomes aware of the circumstances. A. written submission also be withinfivedays'of the time the perrnittee becomes aware of the Cireumstances. The:written submission shall contain: a description-althenontompliance and its cause the.petind of noncompliance Page'1,1 of 16 • EACILITY: Monroe-RegionaliService Center PERMIT NUMBER; Fl..,AQ-147.03. PERMITTEE; Monroe County B.O:C,C. PA FILE NUMBER: FLAI/14703-003=DW3P 3583 S.Roosevelt Blvd.,Key-West,FL 3040 including exact dates and time,and if the noncompliance has'hot been corrected,the anticipated tittle itis expected to, continue;:and steps taken Or planned to reduce;eliminate,.-and prevent recurrence ofthenohcohipliance. 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 effIttenttb exceed any permit:IirtitgiOn:or- Tesultt in an uripermitted diScharge, 2. Any upsetWhich catises:any reclaimed water or the effluent to exCeed.any limitation in thepertnit, 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 providedas follows: I. For unauthorized releases or-spills of ireated or untreated wastewaterreported pursuant to subparagraph a.4 that are:in excess of t,000 gallons per incident,,orwhere 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)320-05 19,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,shalt provide the following informationtathe State Warning Point: a) Name,address,and telephone number of person reporting; b) Name,address,andlelePhone number of perinittec or responsible person for the discharge; c) ,Date and-time of the-discharge and status of discharge(ongoing or ceased); d) Characteristics of the wastewater spilled or released(untreated or treated,industrial or domestic wastewater); e) Estimated amount Of the-discharge ,f) Location or address of,thedischarge; g.) Source and cause of the discharge: h) Whether the contained on-site,andcleanup 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 beprovided to,the, Department 'Within 24 hours.from the time the permitteebectimes aware of thecircurristances. 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. 162420.616(20)] 21. The permittee shall report all instances ofnoncompliance:not reported'under Permit Conditions IX. 17., 18.and 19,of thispermit at the time monitoring-reports are submitted. This report.shall contain the-sameinformation required by Perinit Condition-IX.20 ofthis permit, [62-610.619(21)] 22. Bypass.1).srovWons. a. Bypass is prohibited,and the Department may take enforcement action against a permittee for bypass, unless the perrniftee affirmatively demonstrates that: Page 12 of 16 FACILITY: Monroe Regional Service Center PERMIT1•IUMBER: FLA0l4703: PERKIrrEE: Monroe County R.O.C,C. PA FILE NUMBER:, FLA014793-903-13W3P 3583 S.RooseveltAlVd., Key West,FL 3,3040 . Bypass was unavoidable to prevent loss of life,personal irtitiry.or severe property damage;and 2. There were no feasible alternatives to the bypass such as the use of auxiliary treatment retention of untreated Wastes,or maintenance during normal periods of equipment downtinie. This-OonditionisnOt,satiSfied if adequate back-up equipment should have been installed in:the exercise of reasonable engineering judgment to; prevent a bypass which occun-ed during normal:periods of equipment downtime orpreventive maintenance;and: 3. Thepermitteestibmitted notices as-required under-Permit Condition IX.22.b.of this permit. b lithe permittee knows 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.n.of this pennit, A.notice.:shall include a description of the,bypass-and its cause;the period of the bypass,includin&exact dates-and times: if the bypass has not been corrected,the anticipated time his expected to:continue:.and the-steps,takerior planned to reduce, eliminate;and prevent recurrence ofthebypass. e. The Department shall approve an anticipated bypass after considering its adverse effect if the permittee demonstrates thatit will meet thetthree conditions listed in Permit:Condition-IX 22.a. I.through 3.of this permit, d. A.permittee.may allow any bypass idoccurwhich 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 e.of this permit. W-620,6/0(22)] 23. UpsetProvisfons a. A permittee who wishes to establish.,the affirmative defense of upset shall,demOnstrate,:throtigh properly Signed contemporaneous operating logs,or other relevant evidence:that:, I,. An'upset occurred and that.the Pern'Aittee caridehtifY the:'Pl4e(s)-c4'the upset; .2. The permitted facility was at the tittle,being properly operated:: 3, The permittee submitted notice,of the upset as required in Perrititcondition 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 establishingthe occurrence ofan upset rests with the permittee. • c. Before anenforcement proteedingjs instituted,no representation made:during the Department reView of that tiOncornpliance Was'Caused by arcupset is final agency action subject to judicial review: [02-0,20410(23)1 X INJECTION WELLS:. I. General Criteria. a. The terms; conditions,requirements,limitations and restrictions set,forth in this permit are"permit conditions" and arebinding and enforceable,pursuantto section 403.141,F.S. b. This 'permit is valid Only for the specific prodesses arid Operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings eithibitS, specificatiOns,or eonditiOns of this.permit may constitute trouricit for revocation and enforcement action. Page 13:of.16 FACILITY:' ,MOnrce.Regional.Service Center PERMIT:NUMBER: FLA0147.03 PERMITTBE: Monroe County B 0CC PA:FILE NUMBER:. FLAt3147.63-003-.DW3P- .3583.S. ROOsevelt,Blvd„ Key West„FL 33040 c As provided in subsection 493-087(7.), ES., the issuance of this permit does:not convey any vested.rights, r 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 regtilations. This permit is not a waiver of or approval Of any other Department permit that may be required for other aspects 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 AetutoWledgment.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-opinionas to title: e. This permit ties.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 there from;nor does it allow the permittee to cause pollittion:in contravention of Florida Statutes and Department rules,unless specifically authorized by an order from thc-DePartMeht.. f. The permittee:Shall properly Operate and maintain the'facility and Systen*of treatment and,control (and related appurtenances)that are installed and used by the permittee to achieve compliance with the conditions of this perrnit, 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: I. Have access to copy-any records that must be kept under conditions,of this permit; 2. Inspect the fact lity„.equipment,practices,or operationsregulated or required under this pert*and, 3. Sample Or monitor any substance or parameters at any.location reasonably necessary to,assure compliance with this permit or Department Reasonable time Will depend On the nature of the concern being inveStigated, IL II forany reason, the.permittee does not comply with or Will be unable to comply with any cOnditiOn or'limitation specified in this:permit,thepermitteeshall immediately'provide the Depatuuentwith:the following information I.- A description Of and:calisc of noncompliance;and 2, The period of noncompliance, including dates and times;or, if not corrected the.anticipated time the noncompliance is expected to eOntinue, and steps being taken torechice, elirninate, and prevent the recurrence of the noncompliance The permittee Shall be responsible for any and all.damages which may result and may he -subject to enforcement action by the Department for penalties for revocation.of this permit:: 1. In.accepting this permit, the permittee-understands and agrees that all records, notes, monitoring data and other information relatingto the,construction:or:operation of this permitted source Which Are submittelto 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..0 I 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 appropriateeVicientiary rules. j, The'perrnittee agrees to Comply with changes in:Department rules and Florida Statutes,after a reasonable time for compliance; proVided howevet, the permittee does not waive any other rights granted by Florida Statutes or Department rules. This permit is transferable only upon. Department approval in accordance, with rules 624.120: and 62.628,3.50, F.A.C. The permittee shall be,liable for any non-compliance,of the permitted activity until the'transfer Is approved by the Depattnient. 1. This permit or a copy thereof Shall be kept at the work site of the permitted activity. Page 14f of 16 FACILITY: Monroe.Regional Service Center PERMIT NUMBER:'. FLA6I4703 ,PtRMITT.EE: .Monroe.County PA,FILE NUMBER: FLA014703-001-DW3P 3581 S::Roosevelt Blvd..Key West, FL 33040 in. The permittee shall.comply with the following; I. Upon request, the'permittee shall furnish all records and plans'required Under T)eparttnent buring, enforcement actions; the:retention period for all records shall be extended automatically uniess.the Department determines that the records.areno longer required. 2. The-permittee shall hold.at the:fatility Or Other rotation,deSignated by this petit* reterds of.411 monitoring information requited by the permit,. copies Of all reports required by this pertnit, and records of all data used to complete the application for this perntit. 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. Records of monitoring information shall include:. a. the date,exact place,and time of sampling:or Measurements; b. the person responsible for performingthe sampling or measurements; c. the date's analyses were performed; d. the person responsible for Performing:The-analyseS; .e. the analytical techniques or inethodsosed; f. the results of such analyses. 4 The PdtTilt00.041!.filtn11.Ici the Department within the time requested in Writing, any inforttlatien. which the Department 'requests to determine, whether cause exists for modifying; revoking ;and reissuing,orterminatin g this permit,or to determinecompliance with_thisperm it 5. If the permitteerbecoMeS2aWare that relevant faCtSAVete,Opt sUbmitted,ot Were incorrect in the Pettnit 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'tertified 'as being true, aectirate, and complete. o. :Reports of compliance or noncompliance with, or 'any progress reports on, requirements contained in any compliance schedule of this permit shall besubmitted no later than'I:4.days following each.scheduled:date. Any permit noncompliance constitutes a violation of the Safe Drinking Water Act and is grounds for enforcement action; for permit tertnination,.revocation and reissuance, or modifitation:. or for denial Of a permit renewal application. q. It shall not be a defer* for a permittee in an enforcement action-that it would have been necessary to halt or reduce the permittedactivity in order-to maintain compliance with the conditions.of this permit. r. The permittee shall take All reasonable steps to minim ize or correct any adverse impacton 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..seetions 144.39(a), 144,4001 and 144.41 (1998). The; filing of a request by the perniittee. for A'permit ModifleatiOn, TeVOcatiohOryeiSstiOnte,or terMination,or a notification of planned changes or anticipated noncompliance does not Stay:any-pet-Mit cOnditiOn. t.; The permittee shall give advance notice to the Department Of any planned'changes in the permitted.facilj or injection activity which:may'restilt inAcincompliance with permit requirements. u. The permittee.shall report anynoncompliance which may endanger health or the environment including: 1. Any monitoring or other information which indicates that any contaminant: may cause an endangerment to an.underground source'of drinking water;adjacent'surface watersoor 2. Anynoncoinpliance with,a permit condition or malfunction tif theinjettirm system,which'may cause fluid migration Into or between underground,sources of drinking water: Any noncompliance With A permit conditiorfor malfunction ofthe injection system, which may.-cause migration of untreated or partially treated:fluids into ground waters or adjacent surface waters of the:States 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 timethe permittee Page 1$Oft‘ FACILITY: Monroe Regional Service Center PERMIT NUMBER,: F LAO 14703 PERIVIITTEE:. Monroe County B.0,C,C. PA FILE,NUMBER: FLA0.14703-003-DW3P' 3,583S. Roosevelt Blvd.,Key West, FL 33040 becomes aware of the eircurnStances. The Written tobrroAsign, shill contain a description Of fite noncompliance and its cause the period of itOnebitiplitthee,including exact dates and times,and if the noncompliance has not been COrreeted, the anticipated time it is expected,to continue:and the steps taken or planned to redtice.elimihate;and prevent reoccurrence of the noncompliance. v. Proper Operation'and Maintenance incltideSeffective perfOrmante,adequatefiinding,adequate operatorstaffing and:traihing.and adequate'laboratory and process contrOls,including:appropriate quality assurance procedures. w. No underground injection is allowed that causes orallows,:movement of fluid into an underground source of drinking water if such fluid movement may cause.a violation of any primary drinking water standarcIor may otherwise adversely affect the health of persons And orcause an exceedanee of the minimum criterikforgrotind. or surface waters of the State. 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(I)or(2),F.A.C. b. In accordance with Rule 62-528.349(4),,F.A.C..all reports'shall contain following certification: "I certify under penalty of laW,that this dOeurrientanci all.attachtrients were prepared under my direction'Or supervision in accordance With,a syitor,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 infOrtnation including the possibility of fine and imprisonment for knowing violations:" 3. In the event a:well must be plugged°I...abandoned-,the permittee shall obtain a permit from the DePattment aS required by.Sections:62528625 and 62-520.645,F.A.C. 4, The permittee shall notifythe,Departhient.and.ohtalp approval prior to any well Work or modification, 5. The permittee is reminded Of the necessity to comply With the pertinent regulations of any other regulatory agencyyas well as any cOnnty,nittnicipal,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 permitshotild not be construed to imply compliance with the rules and regulations of other regulatory agencies. Note: In the event of an emergency the permittee Shall contact the Department by calling(809)320135,1 . The pgrrnittee4ia11 call(219):332-6975.during regular business hours. Executed in Ft.Myers,Florida STATE OF FLORIDA DEPARTMENT OF ENVIR:ONMENTAL:PROTECTION ietzrytt,_3- Jon M. alehart Director of District Management t" DATE: Itz, Ije J -7 2,c. 8 Page 16,of l6 . . • STATEMENT OF BASIS FOR STATE OF FLORIDA DOMESTIC,WASITWATgli.FACILITY PERMIT PERMIT NUMBER:. FLAQ14703; PATILE NUMBER: :FLA014701-003-DW3P FACILITY NAME: •IvIonme Regional Service:Center FACILITY LOCATION: Marathon .Monroe.County NAME OF•PERMITTEE:- Monroe County B.O:C.C, PERMIT'WRITER:: Brandon Ivey :BASIS FOREFFLUENT AND RECLAIMED WATER LIMITS AND MONITORING REOUIREMENTS(INCLUDING EFFLUENT MONITORING REQUIREMENTS) the following table provides'the'basis forPart I.A.provisions. UIC System11-001 (Class V wells to Class.G-Ill waters): Parameter Limit. Basis Rationale BOD,Carbonaceous 20.0 Annual Average 403.085(2)&.086(1)(b)FS& 5 day,20C(MG/L) 62-.600.140(1)(b)l.a.FAC 30.0 Monthly Average 62-600.740(l)(b)1.b.FAC 45 0 Weekly Average 62=.600.740(1)(b)1:c;FAC Single Sample Max. 62-600.740(1)(W.d.FAC Solids;Total 20.0 Annual Average 4.03.085(2)& 0860)(1*FSISk Suspended(MG/L) 02-600:740(1)(b)1.a.FAC 30.0 Monthly Average '62-000.740(1)(b)1 b.FAC 45.0 Weekly Average '62-600.740(1)(b)l.e..FAC 60iQ: Single Sample Max. 62-000'.740(1)(b)1.d.FAC pH(SU) 6.0•to Minimum and ,62-600.445 FAC• 8.5 Maximum Coliforrn Fecal 200 Annual Average Chapter 99-395,.LOVS of Florida,Section.0 (#/100ML) &'62-600,440(4)(01.FAC 200 Monthly Geo,:Mean 62-000'.440(4)(c)2..FAC 400 90111 Percentile 62-600.440(4)(c)3.FAC 800 Single Sample Max, 62-600:440(4)(04,PAC Total Residual 0.5 Minimum 61-600.440(4)(b)FAC Chlorine(For DiSinfection),(NIG/L) Nitrogen',Total(as Report Single Sample Max. Chapter 99-395,.LMVs of Florida,Section N)(MG/L) Phosphorus,Total. Report Single Sample Max, Chapter 99-395,Laws of Florida,Section 6 (asP)(IVIO/L) Page 1 of 3 The following table'provides:the baSis.for Part I.B.provisions. Other Limitations and Monitering'Requirements: Parameter Limit Basis Rationale Flow(MOD) 0.010 Monthly Average f62-600A00(3)(b)PAC 0.01 'Three Month Average 62-600,400(3)(b)FAC Percent Capacity, Report Monthly Average 62=600A05(4)FAC (TMADFIPermitted Cipacity).x. 1.00 (PERCENT) BOD,Carbonaceous Report Monthly Average 62-601.300(1)FAC. 5.day,20C(MG/L) Solids;Total Report Monthly Average 62,601.300(1)FAC, Suspended(MG/L) Monitoring - All Parameters 62=601 FAC&62-699 FAC and/or BPr of Frequency and 'permit writer Sample Type „ Sampling Location All Parameters 62-601,62-610.412,6Z-610.463W,62.- 610.568,62,610.613 FAC and/cir BPI of peril*writer 2. RESIDUALSMANAGEMENT The method of residuals use or disposal by this facility is transport to the Miami/Dade South District Regional WWTP or the Miami Dade Central District WWTP or other WWTPs-referenced in permit No FLA016967 via the'Monroe County Transfer Stations or disposal in a Class I:or II Aolid waste landfill 3. GROUND WATER MONITORING REQUIREMENTS Ground water monitoring requirements haveheen established in accordance with 'Rules 62-601 and 62-522, F.A.C. 4. SCHEDULES.FOR IMPROVEMENT ACTIONS,CONSTRUCTION.AND ENGINEERING STUDIES This section,is not applicable to this facility 5. INDUSTRIAL PRETREATMENT REOUIREMENTS At this time,the facility-Is not required to develop an approved industrial pretreatment program.However, the Department,reservesthe:right to require an approved program if future:conditions warrant. Page 2 Of 3 6., A.PPL1CABL.E RULES The following were used as the basis of the permit limitationsteonditions: a, FAC refers to various Portions of the Florida Administrative Cock, The effective dates of FAC Rule Chapters cited in the-table ate as follows: Chapter Effective Date .62-4 05-01-0,3 62-160 04-09:-02. 62-302. 05-15-02 62-520 12,09-96 62-522 08,27-01 62-550 65-28-03 62-600 1224-96 62-601 12-24-96 02-02 62-06-02: 62,610 03-09-07. 62-620 08-25,03 62=625 01-08-07 62-640 03_530-98 624650 12-2646 62-699 07--05-01 b. FS refers,to various portions of the Florida Statutes c. CFR refers to various portions of the Code ofFederal Regulations,Title:40. d. BPI refers to Best Professional,Judgment Page 3 Of 3 DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT.-PART.A When COmpletertmail this report to:bepattritentolEnviiimmental-Proteetion;South District,P.O.Box.2549i FL Wets;FL..33902,2549 PERMITTEE NAME MonmeCoucity13.0.C.0 PERMITNUMDER FW)147CLY MAILING ADDRESS;' 5fi3.S.Roosevelt Blvd. Key.West,'FL 33040 ,LIMIT; Final .RE6217:: ,Monthly CLASSSIE: N/A GROUP:, ,Domestic FACILITY: Monroe Regional Service Center LOCATION: 2796'0.verneas Highway. 'MONITORING GROUP U-00I . ,NUMBER:. Marathon:FL 33050' MONITORING GROUP DESC:- ,including.Influent COUNTY:- Monroe 'NOD ISCHARGE FROM 11 .SITE: MONITORING PERIOD Froth: To Parameter Quantity or Loading Units. Quality or Concentration Units No: .Frcpiepey of. -,Sample Type ' Ex.: Analysin, . .. BOD,,Carbonaceous 5 day,•20C Sample, Measurement , PARM Code:80082 Y Permit 20.0 MG/L McinOilk 6mb Mon.Site No.EMI Requirement (Anikig.) ' • 13Q.EX Carbonaceous 5 day.:Aio Sample Measurement• •?ARM code'.60.982 I Permit . Report 60.0 MCW.L - Monthly Grab' Mon.Site No.Elt4 Requirement. (Mo.Avg.), (Max.), • , SOlida,,TOtal•Stispended Sample Wain-retied-it. .PARM.Code 00530 Y Permit : ' 20.0 mcA, Monthly' Grab Mon.Site No EFF-I Requirement' • (An.Avg) -, Scilidas Total Suspended Sample Measurement; PARM Code 00530 1 Perini( . Report; 60.0' MGIL Monthly Grab Mon.Site No.EFF-1 • Requirement. . (trio:Avg.). (Max.). • PH Sample Menautenient FARM Code 00400 I Permit. 6.0. ' 85 SLJ '' "5:DaYsfifYeek- 'Grab- Mon,SiteNo.EFF-I Requitement' (Min) (Max) Califon/1,FeCal. Sample Measurement PARM Code74055 Y Permit • . . 200 ,' PilOoML. 'Monthly . Grab: Mon.SiteNo.EFF-1 ReqUireineat, . (An.Avg.) , I eertifytuider.penalty of law that thistioeciMentand all attsichmelits were prepared undemy.direetion or supervision in decOrditiMeWith.a system designed to assicrethat qualified personnel,properly gather acid evaluate the information SUbmitted. Based on my inquiry of tire 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 . knowkdgoandbeliefi tree,:accurate,arinCoMplete. I ani,aware that there,are,signifiCatil penalties far submitting falae•infOrinaiiini,iiiejudirit the PriOailailitY Of fine nixi imprisonment foricinnying violationS. NAME/TITLE orpaiNcIPAt..eueuTin OFFICER OR AUTHORIZED AGENT SIGNATURE OF PRINCIPAL EXECUTIVE OR AUTHORIZED AGENT TELEPHONE NO PATE tYY./.1414/DDy %COMMENT AND EXPLANATION OF ANY ylov.;TIoNs(Reference all attachments here): DEP Form 62,620,910(1 0.),'EffectiVe Noveinbet,29.1994 DISCHARGE MONITORING REPORT-PART A,(continued) , FACILITY: Monroe Regional Service MONITORING GROUP U-001 PERMIT NUMBER;FLA014703 NUMBER:. MONITORING PERIOD From: To Patairteter Quantity or Loading Units QUality'orConcenttation Units No; Frequency or Sarnple Type Ex. Analysis • Conform,Fecal Sample Measurement PARM Code 74055 I Permit Report 1100 #/IOOML Monthly Grab Mon Site No EFF-I Requirement (Mo.Geo,Mean) (Max.) Total Residual Chlorine(For Sample Disinfecdon) Measurement PARM Code 50060 1 Perniit 45 MG/L 5 Days/Week Grab Men:Site No.EFF-1 Requirement :(Mirt•) Nitrogen,Total N) Sample Measurement PARM Code 0060(1 1 Permit ..__RePon- ' moil. Monthly Grab Mon:Site No.EFF-1 Requirement , ! (Max.) Phosphorus.Total.(as P) Sample Measurement PARM Code 00665 I Permit Report Marl. Monthly Grab Mon.Site No.EFF-1 Requirement (Max.). Flow Sample Measurement PARM Code 50050 1 Permit 0:0 I RePoll MOD , 5;Day/Week Meter Mon.Site No.FLW-I Requirement (3,Mo.Avg.) (MO.Avg.) Percent Capacity, Sample (T1gADF/Permitted-Capacity)x Measurernent .100 PARM Code 00180 .P Pennit Report PERCENT Monthly Calculated Mon.Site No.CAL,l Requirement , . BOD:Carbonaceous 5 day,20C Sample .: Measurement FARM Code110082 G Permit - Report MG/L Monthly Grab Mon.Site No.INF-1 Requirement . (Mo.Avg.)_. Solids,Total Suspended Sample Measurement - PARM.Code(10530 a Permit Report. " MG/I.; Monthly Grab Men:Site No.INP-i Requirement •(MO.Avg.) Sample Measurement .. Permit Requirement , Sample .. Measurement . Permit , Requitement. , DEP Fenn 62-620.910(10),Effective NM/either 29,1994 DAILOCSAMPLERESULT&- PART B Permit Number: FLA014703 Facility f Monroe Regional Service Center Monitoring:Period, From: To; Percent Capacity CBODS Fecal Nitrogen pH(SU)' Phosphorus TSS(MG/L) TRC(For Flow(NIQP) CBOD5 TSS(MG/L) (TMADF/Permitted (MG/L) Coliform (MG/L) (MG/L) Disinfect.) (MG/i-) :Capacity)ii,100 Bacteria (MolL) (PERCENT) Code 00180 80082 74055 00600 00400 00665 00530 5.0.0 156050. 80082 00530 Mon.Site CAL-I -EFF,I EFE-1 EFF-I EFF-1 EFF-1 EFF-.1 EFF.,1 FLW1 INF,1 . INF-I 1 2 3' 4. 5 6 7' 9 10 11 12 13 14 IS 16 17 18 19 213 11 22 23: 24. 25 26 27 28 29 30 31 Total A Avtil I PLAN1'sTAFEING: Day Shift Operator Class: Certificate No: Name: Evening ShiftOperator Class: Certificate No: Name: Night Shift Operator Class: Certificate No:, Name: Lead Operator ClaW Certificate No: Name; DEP FomY62-620.910(10);Effective November 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. Allrequired 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 28°i 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 dailysample results. Part D is used.forreporting ground water monitoring well data. When results arc 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 DESCRIPTIONIINSTRUCTIONS CODE DESCRIPTION/INSTRUCTIONS. ANC 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,equipmentfailure. LS Lost sample. MNR 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 l imit;,whicheveris lower,shall be used;forthat sample when necessary to calculatean average for that pararrieter:. Values less than the WI-are considered to demonstrate compliance with an effluent iimitalion. 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 arc interim or final,and the required submittal frequency(e.g4 monthly,annually,quarterly,etc.). Submit Pan Abased on the required reporting frequency in the:header and the.insttuctions shown'in the permit The following should be completed by the pertnittee of authorized representative: No Discharge From Site:Check thisbox 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 fore hich 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 werercollectedand 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 group number m 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-theappropriate statistical base code(e.g. annual average,Monthly average,Single esamplemaximum;-etc.)and-units: No Ex Enter the number of sample measutiementsduring the:monitoring period-that.exceeded the permit limit for 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 shadedarea. Sample Type:The shaded areas in:this column containthe type of sample(e.g.grab,composite,continuous)required fly 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. Commentand 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 alfattachments in this area. • DEP Form 62-62091 N 101,effective November 29,.1994 PART B-DAILY SAMPLE RESULTS • Monitoring Period:Enter the month,day,and yearfor the.ftrst and last of the Monitoring g period(i:e:the montli,the quarter,dteyear,etc)during which;the data on this report were collected and analyzed. Daily Monitoring Results:Transfer all analytica(•data from your facility's laboratory or a contract-laboratory's data sheets for all days)that samples were collected. Record the data in the units indicated-Table 1 in Chapter 62 160;F.AC.,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 usedand.an explanation provided where appropriate. CODE DESCRIPTION/INSTRUCTIONS The compound was analyzed for but not dCtected. ,A Value reported is the:mean(average)of two:or more determinations. J Estimated value,:value not.accurate: Q Sample held beyond`thcactual,holding time: Y Laboratory analysis was from an unpreserved or improperly preservedsample. Add the results to get the Total and divide by the number.of days in the month o 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. PART D-GROUND WATER MONITORING REPORT Monitoring Period:Enter the month,day,-end 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. Data Sample Obtained:Enter the date the sample was taken. Also,check whether or not the well was purged before sampling. Time Sample Obtained:Enter:the time the samplewas 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 627160 or Chapter62 601,.F:A.C.,or from other sources. Sampling Equipment Used:indicate thef procedure used to collect the sample(e g.airlift;bucket/bailer;;centrifugai 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 orexplanations 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:galtons discharged by duration of diseharge-(converteil 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 upstrearn gauging station described,in the permit. Actual Stream Dilution Ratio:To.calculate the Actua!Stream Dilution Ratio,divide the average upstream.flow rate by the average discharge flow rate. Enter the Actual Stream Dilution Ratio accurate to the nearest0.1. No.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 Par:p of the DMR,enter an asterisk ('`)tf 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.tthe total number of days die-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 induration_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,tn•'inches;that been recorded since January I 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 LWR:D Activated'During Calendar Year: Enter the cumutativenumber of days that the limited wet weather discharge was activated since January I of the current year. Reasonfor Discharge:Attach to the DMR a brief explanation of the factors contributing to the need to activate the limited wet weather discharge_ DEP mini l -620.010{1'0).eirecttce November 29.1994