Item D08County �� Mo
G
�' '
BOARD OF COUNTY COMMISSIONERS
� s
Mayor David Rice, District 4
T he Fl orida Keys
C,'� °
M ayor Pro Tern Syl v i a J. M u rphy, D i stri ct 5
Danny L. Kolhage, District 1
Gorge Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
May 16, 2018
Agenda Item Number: D.8
Agenda Item Summary #4162
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453 -8774
N/A
AGENDA ITEM WORDING: Approval of a Revised Memorandum of Understanding and
Mutual Aid Agreement with the Florida Department of Environmental Protection (DEP) for $6
million for clearing of marine debris from canals and other navigable waterways within
unincorporated Monroe County, to be reimbursed by the County to DEP.
ITEM BACKGROUND: This item is to approve a Revised Memorandum of Understanding with
the State Department of Environmental Protection for DEP to conduct the marine debris cleanup,
and for the County to reimburse DEP for its efforts.
There are three key modifications included in the revised MOU, as follows:
1) Amending language in Section 10, to allow the County to modify the graphics showing
canal priorities in Exhibit 6 without needing formal amendment.
2) Adding a new exhibit, Exhibit 3, the DEP guidance document called "Disaster Debris
Management Site Policies and Form ".
3) Revision to Section 1 to add words saying that the requirements for DDMS permits may
change over time, without the need for an MOU amendment.
Background for original MOU: On September 10, 2017 Hurricane Irma made landfall in the Florida
Keys as a category 4 storm, causing substantial damage to and loss of properties. A significant
amount of sunken debris, partially sunken and damaged vessels, and many other types of debris was
deposited in the canals and other navigable waters adjacent to the damaged homes and properties as
a result of the hurricane force winds. The debris negatively impacts the marine environment of the
Florida Keys and also the residents and visitors ability to use the waters.
Because of the impact of Hurricane Irma Monroe County has expended all its resources and
revenues in preparation, mitigation, and cleanup actions. The County now has no funds or resources
available to clear debris from its waterways. This debris, including, but not limited to derelict
vessels, propane tanks, submerged vehicles, and vegetative matter pose a direct threat to the health,
safety, and welfare of the residents of the County and the State of Florida.
Pursuant to Sections 125.01(1)(p), 252.40, and 403.061(21), Florida Statutes, and Section 9, Article
IV of the Constitution of Florida, through this agreement, the State agrees to assist the County with
the clearing of debris from public waterways. The State agrees to enter into this agreement under the
auspices of Federal Emergency Management Agency's Public Assistance Program, specifically the
"Mutual Aid" procedure. This procedure allows a government body, who does not have sufficient
resources to respond to an incident to request "mutual aid" from another jurisdiction. The
jurisdiction providing the aid is eligible for reimbursement by the Federal Emergency Management
Agency (FEMA). The State will use its resources, funds, and contracts to remove debris resulting
from the 2017 Hurricane Irma from the waterways within the unincorporated County. The term
"waterways" includes both canals and nearshore waters.
Key terms are as follows:
■ The State will use its resources, funds up to $6 million, and contracts to remove marine
debris resulting from the 2017 Hurricane Irma from navigable waterways within the
unincorporated County. The term "waterways" includes both canals and nearshore waters.
■ Work in the municipalities is not included. The municipalities are negotiating separate
agreements with DEP.
■ The contract does not cover vessels. Vessels have been and will continue to be recovered
separately by FWC, using the statutory "derelict vessel" procedure.
■ Monroe County staff will locate and provide direct debris management sites, including
necessary permits and authorizations, and provide a prioritized list of canals for debris
removal.
■ The County will repay DEP for 50% of the cost of work performed by month 17 after
execution of the agreement, with payment in full by month 24. The County will then seek
reimbursement from FEMA.
PREVIOUS RELEVANT BOCC ACTION:
11/18/17: BOCC approval of Resolution 297 -2017 authorizing additional temporary emergency
staging areas, on parcels of land, as approved by Monroe County, for the collection, storage, and
handling of vessels and marine debris related to Hurricane Irma, effective October 18, 2017, for a
duration of up to 180 days.
10/18/17: A public hearing to declare that an emergency exists in accordance with F.S. 125.66(3)
and approval to enact an Ordinance retroactive to September 4, 2017 amending chapter 11-
Emergency Management and Emergency Service of the Monroe County Code to amend Sec. 11 -2 to
provide for disaster generated debris from canals in order to protect public health and safety.
12/13/17: [Pulled from the Agenda] Approval of a no cost Memorandum of Understanding and
Mutual Aid Agreement, for clearing of navigable waterways within unincorporated Monroe County,
with the Florida Department of Environmental Protection and Florida Fish and Wildlife
Conservation Commission, retroactive to the last date executed by the parties.
02/21/18: Ratification of a Memorandum of Understanding and Mutual Aid Agreement with the
Florida Department of Environmental Protection (DEP) for $6 million for clearing of marine debris
from canals and other navigable waterways within unincorporated Monroe County, to be reimbursed
by the County to DEP, retroactive to the last date executed by the parties.
CONTRACT /AGREEMENT CHANGES:
Section 1, Section 10 and Exhibit 3
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2018.3.20- Monroe MOU For Clearing of Private and Public Waterways -4
Exhibits 1 -2 Revised
Exhibit 3
Exhibit 4 Revised
Exhibit 5 Revised
Exhibit 6 Revised (Rev per CH 5 1 18)
FINANCIAL IMPACT:
Effective Date: Upon Execution of all parties Expiration Date: Upon termination by DEP.
Total Dollar Value of Contract: $6,000,000
Total Cost to County: NTE $6,000,000
Current Year Portion: TBD
Budgeted: No
Source of Funds: State DEP, County to reimburse
CPI: N/A
Indirect Costs: Staffing time to manage the local coordination efforts, anticipated to be
reimbursable by FEMA.
Revenue Producing: No If yes, amount:
Grant: Mutual Aid Agreement
County Match: Under current FEMA limits, the County will be responsible for the non - Federal
share (currently 25% - $1,500,000) and for 100% reimbursement to DEP within 24 months.
Insurance Required: No
Additional Details:
REVIEWED BY:
Rhonda Haag Completed 04/25/2018 8:08 PM
Cynthia Hall
Budget and Finance
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
04/30/2018 8:36 PM
Completed
05/01/2018 2:57 PM
Completed
05/01/2018 2:59 PM
Completed
05/01/2018 3:13 PM
Pending
05/16/2018 9:00 AM
AMENDED MEMORANDUM OF UNDERSTANDING AND PUBLIC
ASSISTANCE AGREEMENT FOR CLEARING OF PUBLIC AND
PRIVATE WATERWAYS
THIS MEMORANDUM OF UNDERSTANDING AND PUBLIC ASSISTANCE
AGREEMENT ( "MOU ") is made and entered into as of the date last signed by the parties
below, between Monroe County Board of County Commissioners (hereinafter the "County ")
and the State of Florida's Department of Environmental Protection (the "State" or "DEP "),
each one constituting a public agency as defined in Section 163.01(3)(b), Florida Statutes
(2017).
WITNESSETH:
WHEREAS, on September 10, 2017, Hurricane Irma made landfall in the Florida Keys
and the County as a Category 4 storm with maximum sustained winds of approximately 130
m.p.h.
WHEREAS, Hurricane Irma caused significant and widespread damage throughout
Monroe County.
WHEREAS, the majority of County's waterways are connected to, and part of the
United States National Marine Sanctuary and must be preserved for future generations.
WHEREAS, because of the impact of Hurricane Irma, Monroe County has expended all
its resources and revenues in preparation, mitigation, and cleanup actions.
WHEREAS, the County now has no resources available to clear non - hazardous and
hazardous debris from private and public waterways (including canals and nearshore waterways
below the mean high water line).
WHEREAS, debris, including, but not limited to vegetation, hazardous waste,
construction and demolition debris, propane tanks, white goods, e- waste, docks, non -marine
vehicles, seawalls, and houses or portions of houses pose a direct threat to the health, safety, and
Page 1 of 14
welfare of the residents of the County and the State of Florida.
WHEREAS, pursuant to Section 252.45, Florida Statutes the Governor of the State of
Florida, when he deems it in the public interest, may "enter into a contract on behalf of the state
for the lease or loan to any political subdivision of the state, on such terms and conditions as she
or he may deem necessary to promote the public welfare and protect the interests of the state."
Furthermore, this loaning power is delegated by the Governor to DEP as it is one of the "principal
administrative unit[s] within the executive branch of state government" under the definitions in
Section 20.03, Florida Statutes.
WHEREAS, pursuant to Sections 125.01(1)(p), 252.40, and 403.061(21), Florida
Statutes, and Section 9, Article IV of the Constitution of Florida, by and through this MOU, DEP
agrees to assist the County with the clearing, removal, and disposal of debris from private and
public waterways.
WHEREAS, the County has adopted Ordinance 023 -2017 on October 18, 2017
(incorporated herein as Exhibit 1). This ordinance details that debris removal from public and
private property (including waterways and canals) is necessary to protect the public health and
safety in a declared emergency. Furthermore, that the County has the legal authority and
repository to remove the debris, and that it is necessary for the public interest to eliminate an
immediate threat to life, public health, and safety. Finally, federal and state governments are held
harmless and indemnified for all claims or loss or damages resulting from the work.
WHEREAS, the Federal Emergency Management Agency ( "FEMA ") in its Public
Assistance Program and Policy Guide (2018) provides debris on private property may be
removed and eligible under the doctrine of public assistance. Through this MOU, debris removal
on private property must be in the public interest to qualify according to for Public Assistance
Page 2 of 14
Program and the criteria of Public Assistance Program and Policy Guide (2018). There also must
be a written request to FEMA for this doctrine to go into use. Accordingly, the County has
adopted Ordinance 023 -2017 to comply with the Federal Emergency Management Agency's
Public Assistance Program and Policy Guide (2018). This ordinance, upon verbal consent of
FEMA's attorneys, should fulfill the requirement for a written request and authorization. On
February 1, 2018, the County has submitted a request for approval of its marine debris removal
program to FEMA through the State of Florida, Division of Emergency Management.
WHEREAS, as a result of the passage of Ordinance 023 -2017, the County is empowered
for cleaning up private and public waterways.
WHEREAS, the County is also permitted to ask for additional assistance under the
auspices of Federal Emergency Management Agency's Public Assistance Program, specifically
the "Mutual Aid" procedure. This procedure allows a government body, who does not have
sufficient resources to respond to an incident to request "mutual aid" from another jurisdiction.
WHEREAS, in the present case, the State will provide aid and assistance to the County
directly under the doctrine of "mutual aid."
NOW, THEREFORE, in consideration of the mutual covenants and obligations
contained herein, the Parties agree to the following:
Section 1- Parties' Responsibilities: DEP will use its resources, funds, and contracts to
remove non - hazardous and hazardous debris resulting from the 2017 Hurricane Irma from the
private and public waterways, including nearshore waterways below the mean high water line,
within the County's unincorporated boundaries. This MOU does not include the cleaning up of
derelict vessel debris.
If the public or private waterway extends into a municipality, the State will cease work at
the borderline of the unincorporated Monroe County and the municipality. Work by the State in
Page 3 of 14
the municipalities of Monroe County will be dealt with in subsequent and individual MOUs, as
needed or wanted by each municipality. Private and public waterways, including nearshore
waterways below the mean high water line, for the purposes of DEP's portion of this MOU, are
defined by and identified in Exhibit 1. F8f the purp85;c5; of tki5; MOU, "mean high water" is
defined in Section 177.27(14), Florida Statutes (2017) as "...the average height of the high
waters over a 19 -year period." Furthermore, Section 177.27(14), Florida Statutes (2017) goes on
to say that "for shorter periods of observation, `mean high water' means the average height of the
high waters after corrections are applied to eliminate known variations and to reduce the result to
the equivalent of a mean 19 -year value." Therefore, the mean high water line as defined in
Section 177.27(15), Florida Statutes (2017) and for the purposes of this MOU is the intersection
of the tidal plane of mean high water with the shore."
The documentation identifying public and private waterways, including nearshore
waterways below the mean high water line, in unincorporated Monroe County, which are subject
to this MOU are incorporated as Exhibit 2. Exhibit 2 may be modified by in writing by mutual
agreement of the DEP and the County.
As part of its responsibilities, the County shall have the responsibility to locate and secure
appropriate sites and /or transfer stations for debris, and shall secure all necessary permits,
including disaster debris management site (DDMS) permits. This includes compliance with all
instructions, requirements, and policies laid out in Exhibit 3. Furthermore, due to the duration
and quantity of work, the requirements for DDMS permits may change over time. Changes to
these permits and their requirements will be allowed under this MOU consistent with the
Department's practices and rules, as needed without the need to amend the entire MOU. Rather,
changes should be placed in writing and sent to the other party within ten (10) days of the
proposed change. Also, the County shall provide any public lands that are available and
Page 4 of 14
appropriate as DDMS sites and shall provide any other help to assist the State in locating and
securing the necessary sites. Finally, the State does not guarantee a minimum or maximum of
amount of aid under this MOU.
Section 2- Standards: The State and County will follow all applicable Federal Emergency
Management Agency, federal, Florida, and local laws, rules, policies, and procedures to ensure work is
done properly, efficiently, and to maximize reimbursement opportunity from Federal Emergency
Management Agency. This MOU and all related documents will comply all federal procurement
requirements under 2 C.F.R. § 200.326 (2014), including Appendix 11 to Part 200, as incorporated by
reference into this MOU as Exhibit 4.
This MOU prohibits Time - and - Material Contracts (T &M), which are discouraged by the
Federal Emergency Management Agency. If DEP elects to use a T &M Contract, either for a contractor
or subcontractor, there must be a prior written explanation provided to the County as to its use,
justification, and why the other types of contracts do not work in the present situation.
It is understood and agreed that each party operates under its own legal authorities,
policies, and administration, and each party's obligations under this MOU are thereby limited. It
shall be the responsibility of each party to interpret its own authorities and policies and make
decisions as required under law and policies applicable to each.
Section 3 — Scope of Work and County's Priority List: The State and County shall do,
perform, and carry out the duties described in the Scope of Work, attached hereto as Exhibit 5
The waterways will be worked on in the order of the County's priority that is incorporated in
Exhibit 6. These exhibits are incorporated into this MOU as any other term or provision of this
MOU.
Section 4 — Repayment: Under the doctrine of "mutual aid" the County will be required
to reimburse DEP for all costs, activities, fees, and expenditures associated with this MOU and
Page 5 of 14
its exhibits. The County is responsible for paying the entire local share in accordance with the
Federal Emergency Management Agency's dollar amounts. These monies will be paid
independently from the monies provided under this MOU.
The County will be responsible for repaying DEP fifty (50) percent of all the monies
expended by DEP, no later than the last day of the nineteenth month following the date of
execution of this MOU by both parties ( "Date of Execution "). To determine the amount to be
repaid, which repayment shall occur by no later than the last day of the eighteenth month
following the Date of Execution, DEP will issue to the County an accounting in writing, showing
all monies expended up to the last day of the seventeenth (17) month following the Date of
Execution, together with detailed backup. The backup shall be in a form that shall conform with
requirements for submission to FEMA as part of all Project Worksheet (P.W.) requests for
reimbursement. The remaining work will continue until the last day of the twenty -third (23) month
the Date of Execution, DEP shall submit to the County a final accounting, showing all monies
expended on the project covered by this MOU. Thereafter, the County will then be required to
repay the Department the balance of the money outstanding by the last day of the twenty -forth
(24) from the Date of Execution. Finally, all monies repaid to DEP will be made in accordance
with DEP's instructions and guidance.
On or before the third day of each month covered by this MOU, the County shall submit a
snapshot report showing revenue and expenditures for the County for the previous month. This
will be done in writing to the DEP's Deputy Secretary for Land and Recreation and in generally
accepted accounting principles.
Section 5- Administration and Monitoring: The State (or its Contractors) shall
exclusively administer and monitor its work within the County, but will consider counsel from
County as needed. Specifically, the Florida Department of Environmental Protection will be
Page 6 of 14
responsible for the administration and monitoring of marine debris clearing, removal, and
disposal. The County will be responsible for providing a list of priority of work the County is
requesting the State to perform, in consultation with the State.
Section 6 — Local Governments: This MOU applies solely to the private and public
waterways of unincorporated Monroe County, excluding those in the five (5) municipalities
within Monroe County.
Section 7- Sovereign Immunity: Nothing herein shall be deemed a waiver, express or
implied of any parties' sovereign immunity under Section 768.28, Florida Statutes (2017) or
considered a waiver of immunity or the limits of liability beyond any statutory limited waiver or
limits of liability which may have been adopted by the Florida Legislature in Section 768.28,
Florida Statutes (2017) or other state statutes. To the extent that a Court of competent jurisdiction
should determine that anything contained in this MOU constitutes a waiver of sovereign
immunity, such terms and conditions shall be interpreted to the fullest extent possible to
effectuate the intent of the parties (and their contractors), but deleting any terms or conditions
which would constitute a waiver of sovereign immunity.
Section 8- County's Cleanup Measures: The County may take its own measures to
clear debris, so long as it does not interfere with or duplicate work performed by the State or its
contractors. The County shall consult with the State for any waterway debris removal to be
performed by the County to prevent overlapping projects and operations.
Section 9- Termination: This MOU shall commence when it is executed by all parties
and shall continue until terminated as provided herein, amended, or replaced with a new MOU
The MOU can also be terminated via amendment or replacement. During the state's major
disaster declaration period, that commenced on September 4, 2017, and has subsequently been
extended, none of the parties may terminate the MOU until this state declaration expires or is
Page 7 of 14
lifted by the Governor of the State of Florida or his designee. Except as provided herein, this
MOU may be terminated with or without cause by DEP and the County upon a thirty (30) day
written notice to all other parties. If a terminated party desires to re -enter the MOU, it must be
upon consent of the remaining parties and in writing in accordance instructions laid out in this
MOU.
Section 10- Modification: No modification to this MOU is effective unless the parties
agree, consent, and join in writing thereto, and any modification to this MOU must be executed by
representatives of the undersigned parties duly authorized to bind the parties.
The exception to this provision is the ability for the County to modify Exhibit 6 upon
receiving further information regarding the amounts of debris within the waterways (including
canals) subject to this agreement. In order to amend Exhibit 6, the party wishing to amend the
exhibit will notify the other party of the change via email to the persons listed in Section 12 of this
agreement.
Section 11- Public Records: If any party to this MOU is a "contractor" as defined in
Section 119.0701(1)(a), Florida Statutes ( "Contractor"), the Contractor shall:
(1) Keep and maintain public records required by DEP, the County and FEMA to perform the
service.
(2) Upon request, provide DEP with a copy of requested public records or allow the public records
to be inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
(3) A Contractor who fails to provide the public records to DEP within a reasonable time may be
subject to penalties under Section 119. 10, Florida Statutes.
(4) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Page 8 of 14
Contract term and following completion of the Contract if the Contractor does not transfer the
public records to DEP.
(5) Upon completion of the Contract, transfer, at no cost, to DEP all public records in possession of
the Contractor or keep and maintain public records required by the State to perform the service
If the Contractor transfers all public records to DEP upon completion of the MOU, the
Contractor shall destroy any duplicate Public Records that are exempt or confidential and
exempt from public records disclosure requirements. DEP will be responsible for the
maintenance and retention of these records for FEMA reimbursement and other purposes in
conformity with federal and state regulations, laws, and rules. If the Contractor keeps and
maintains public records upon completion of the MOU, the Contractor shall meet all applicable
requirements for retaining public records. All public records stored electronically must be
provided to the State, upon request from the DEP's custodian of public records, in a format
specified by the State as compatible with the information technology systems of DEP. These
formatting requirements are satisfied by using the data formats as authorized in the Contract or
Microsoft Word, Outlook, Adobe, or Excel, and any software formats the Contractor is
authorized to access.
(6) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES AND ALL APPLICABLE FLORIDA
DEPARTMENT OF STATE RULES TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT DEP'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245 -2118
Email: public. services2 dep. state. fl.us
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Page 9 of 14
Tallahassee, Florida 32399
Section 12- Parties, Notices, and Delegations: Notice and correspondences related to
this MOU shall be directed to the attention of the public officials identified below.
Monroe County
Mayor David Rice, Monroe County Board of County Commissioners
1100 Simonton Street, Suite 205
Key West, Florida 33040
Florida Department of Environmental Protection
Deputy Secretary David A. Clark, Florida Department of Environmental Protection
3900 Commonwealth Boulevard, MS 444
Tallahassee, Florida 32399
Each party reserves the right to designate another official to be the point of contact without
formal amendment to this MOU. This designation must be done ten (10) days before the desired
date of substitution by email, facsimile, or U.S. Mail. Confirmation of this transfer and its receipt
must be maintained, and if sent by U.S. Mail there must be a mail receipt. The designated official
shall be responsible for all material actions, oversight, and coordination in the performance of this
MOU.
All notices must be in writing and are only effective: (i) when deposited in the U.S. mail,
certified mail, return receipt requests, and postage prepaid, or (ii) when sent via overnight
delivery. Notice will be deemed delivered on the date of the receipt (or on the receipt is refused)
as shown on the certification of receipt or the records or manifest of the U.S. Postal Service or
overnight delivery.
Section 13- Severability and Choice of Venue: If any provision of this MOU is adjudged
by a court of competent jurisdiction to be void and unenforceable, that judgment shall not affect
(a) any other provision of this MOU; (b) the application of such provision in any other
circumstances; and (c) the validity or enforceability of this MOU, subject to the law of
severability under Florida law. Any action in connection herewith, in law or equity, shall be
Page 10 of 14
brought in Leon County, Florida, to the exclusion of all other lawful venues.
Section 14- Monetary Limitations: The signatories of this MOU acknowledge that DEP has a
finite amount of resources for the clean -up of not only the above - referenced waterways but also for the
state lands and possibly waterways within the five (5) municipalities in Monroe County. Therefore,
DEP sets a limitation of six million dollars ($6,000,000.00) for this MOU, state lands, and the other
municipalities. Upon reaching this limitation, DEP's Deputy Secretary for Land and Recreation will
evaluate current and future projects, as well as available funding resources to determine whether to
continue with clean -up operations. This decision will be made in consideration of input from the
County, but the County's input is in no way binding on Deputy Secretary for Land and Recreation's
decision. This decision will be made and sent in writing to the County within ten (10) days of reaching
the $6,000,000.00 cap.
Section 15 - Non - Reliance by Third- Parties: No person(s) or entity(ies) shall be entitled
to rely upon the terms of this MOU to enforce or attempt to enforce any third -party claim(s) or
entitlement(s) to or benefit(s) from any service(s), term(s), project(s), program(s), or task(s)
contemplated hereunder.
Section 16 - Non - discrimination: No person, on the grounds of race, creed, color, national
origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or
benefits of, or be otherwise subjected to discrimination in the performance of this MOU. All activities
pursuant to this MOU shall be in compliance with the requirements of Title VI of the Civil Rights Act
of 1964 (78 Stat. 252; 42 U.S.C. 20004 et seq.); Title V, Section 504 of the Rehabilitation Act of 1973
(87 Stat. 394; 29 U.S.C. 794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. 6101 et
seq.); and with all other State and Federal laws, regulations, and policies prohibiting discrimination
Section 17 — Non - Assignment: This MOU may not be assigned in whole or in part without the
written approval of all parties. Any such assignment or attempted assignment shall be null and void
Page 11 of 14
Section 18 — No Third -Party Rights: The parties hereto do not intend, nor shall this MOU be
construed to grant any rights, privileges or interest to any person not a party to this MOU.
Section 19 — Jury Trial Waiver: As part of the consideration for this MOU, the parties hereby
waive trial by jury in any action or proceeding brought by any party against any other parry pertaining
to any matter whatsoever arising out of or in any way connected with this MOU, or with the services
provided under this MOU; including but not limited to any claim of quantum meruit.
Section 20 — Entire Agreement: This MOU with all incorporated attachments and
exhibits represents the entire MOU between the parties.
Page 12 of 14
IN WITNESS WHEREOF, Monroe County Board of County Commissioners and Florida
Department of Environmental Protection have caused this Memorandum of Understanding to be
effective when it is executed by all parties as indicated below for uses and purposes set forth
herein.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
Chair /Mayor Date
ATTEST:
Deputy Clerk
APPROVED AS TO FORM AND LEGALITY
Assistant County Attorney
Page 13 of 14
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Deputy Secretary Date
ATTEST:
Notary
APPROVED AS TO FORM AND LEGALITY
General Counsel
Attachments:
Exhibit l: Ordinance 023 -2017, Monroe County Board of County Commissioners
Exhibit 2: Documentation Identifying Public and Private Waterways in Monroe County
Exhibit 3: Disaster Debris Management Site Policies and Forms
Exhibit 4: Contract Provisions Required by 2 CFR §200.326
Exhibit 5: Scope of Work and Responsibility of the State of Florida
Exhibit 6: Monroe County's List of Priority Canals
Page 14 of 14
2/ Ui f !Ef gbsin f odpdFovyspon f oibaQspif dypo!)Ef gbsin f oLVvoef st iboet !u bdio!beejypo!ip!pu f s!
sf r vjsf n f opt !cz!u f !Gf of sbrt•Fn f shf odz!N bobhf n f odBhf odz!)GFN B * -!ejt bt if def c1t !
management sites (hereinafter called "management sites ") must be authorized by the Ef gbsin f oil
in' orobr' ror' ih&' ownbrfbpbrb ior' or' ih&' mh nh obm& nV§ it&' io' r& d& iv &'PuDiid'A § §iMhndb'runo §'rrom'
FEMA. Field authorizations for management sites may be issued by the Department prior to or
following a site inspection by Department or delegated county personnel for management sites to
be used for temporary storage and processing of disaster debris. Field authorizations for
management sites may only be issued by the Department subsequent to an Executive Order by
the Governor declaring a state of emergency and an Emergency Final Order1 by the Secretary of
the Department authorizing debris management sites.
2. Field authorizations for management sites may be requested by providing oral or written notice to
the Department containing the following information, unless previously provided for site pre -
authorization:
• A description of the management site design. For example, is the management site an
open field or paved? Is it near bodies of water or potable wells? What areas would be used
for managing debris and for processing?
• Plans for operation of the management site. For example, will it be used for managing only
or also processing? What wastes will be managed and what are the anticipated operating
hours and days of the week when the site will be open? Who can bring wastes to the site?
If processing occurs, what type is expected?
• The location of the management site including the address and, if possible, its latitude and
longitude or directions from major roadways.
• The name, address, and telephone number of the site manager.
3. The Department prefers that requests for authorization of management sites be made by solid
waste officials in the county or city where the management site is located. Such management
sites do not need to be owned by the local government but must have county or city (or its
designated contractors) oversight and management. The Department may consider approving the
private operation of management sites on a case -by -case basis.
4. The owner or operator of each management site should keep records of the amount and type of
waste received, waste sent off -site for disposal or recycling, and waste left on -site. Such records
can be very valuable for demonstrating that the management site has been operated in
accordance with applicable regulations and orders. These records should be kept at a location
designated by the site manager and made available for review by Department staff upon request.
'Emergency Final Orders can be obtained from the Department's website at the following address:
http: / /www.dep. state .fl.us /mainpage /em /info.htm. The Emergency Final Orders also include information on the
a'
a
a
a
a
management of domestic wastewater residuals.
5. If possible, it is advisable to test the soil, groundwater, and /or surface water at a proposed
management site prior to receipt of storm debris to establish pre- existing conditions.
6. Management sites for debris other than yard trash and uncontaminated vegetative debris
must not be located within 500 feet of a potable water well, unless otherwise approved by
the Department. Management sites for yard trash and uncontaminated vegetative debris
must not be located within 100 feet of a potable water well, unless otherwise approved by
the Department.
7. Management sites for debris other than yard trash and uncontaminated vegetative debris
must not be located within 200 feet of a natural or artificial body of water, unless otherwise
approved by the Department. Management sites for yard trash and uncontaminated
vegetative debris must not be located within 50 feet of a natural or artificial body of water,
unless otherwise approved by the Department.
8. In no case should a management site be located in a water body or wetlands.
9. If prehistoric or historic artifacts, vessel remnants, or any other physical remains that could
be associated with Native American cultures, early colonial or American settlement, or
maritime history are encountered at any time within the project area, the project should
cease all activities involving disturbance in the immediate vicinity of such discoveries. The
owner or operator, or other designee, should contact the Florida Department of State,
Division of Historical Resources, Compliance and Review Section at (850) 245 -6333, as
well as the appropriate authorizing agency. The project activities should not resume in the
vicinity of the discovery without verbal and /or written authorizations.
10. Management sites should have:
• Stormwater controls, such as silt fences, to prevent discharge of
contaminated runoff into water bodies where such discharge may cause
violations of Department standards (example: turbidity);
• Some method to control the offsite migration of dust, wood chips or other debris
residuals from vehicular traffic and from the handling of debris and ash;
• Some type of access control to prevent unauthorized dumping and
scavenging; and,
• Spotters to correctly identify and segregate waste types for
appropriate management.
11. All reasonable steps must be taken to minimize the release of contaminants from the
disaster debris at the management site. If contaminants are released into the
environment, the entity operating the management site must take immediate steps to
contain the release and notify the Department within 24 hours.
12. Only construction and demolition debris, land clearing debris, yard trash, vegetative
waste, or Class III waste may be stored at the management site. Class I waste (such as
household garbage, putrescible waste, or mixed wastes containing these materials)
must be removed from the management sites and disposed of as soon as practicable to
qsf \Af odpeps -!wf dipst !boe!t bojibsz!ovjt bodf t /!Bhbjo -!t gpuf st !t i pvru!cf !vt f e!evjoh!
x bt if !qjdl vq!boeQ)s!bdd f !n bobhf n f odtjif t !ip!dpssf dun!jef oyg'!boe!t f hsf hbif N bt d !
aqf t !g)s!bggspqlbif !n bobhf n f ou[!!Ui f !g)rpxjoh!n bobhf n f odpgypot !g)s!u f !ejt bt if S!
of c1t !n vt dcf !g)rpx f e;!
• Class I wastes, including all mixed wastes, must be disposed of at a Class I landfill
or, except for asbestos - containing materials, in a waste -to- energy facility that is
authorized to accept such wastes.
• Non - recyclables and residuals generated from segregation of disaster debris shall
also be disposed of in a Class I landfill or waste -to- energy facility.
• Uncontaminated yard trash may be disposed of in permitted lined or unlined
landfills, permitted land clearing debris facilities, or permitted construction and
demolition debris disposal facilities.
• Uncontaminated yard trash and clean wood may be processed at a registered
yard trash processing facility.
• Construction and demolition debris that is mixed with other disaster debris need not be
segregated from other solid waste prior to disposal in a lined landfill. Construction and
demolition debris that is either source - separated or is separated from other disaster debris
at an authorized management site, may be managed at a permitted construction and
demolition debris disposal or recycling facility upon approval by the Department of the
methods and operational practices used to inspect the waste during segregation.
• Unsalvageable refrigerators and freezers containing solid waste such as rotting food that
may create a sanitary nuisance may be disposed of in a Class I landfill; provided, however,
that chlorofluorocarbons and capacitors must be removed and recycled to the greatest
extent practicable using techniques and personnel meeting the requirements of 40 CFR
Part 82.
13. Burning of disaster - generated yard trash, other vegetative debris, and untreated wood from
construction and demolition debris is allowed in air curtain incinerators (ACIs) if the conditions of the
appropriate Emergency Final Order are followed. The following additional information is provided for
operation of ACIs:
• The ACI burn area should have a minimum setback distance of 50 feet from the debris
piles, any wildlands, brush, combustible structure, or paved public roadway, and 300 feet
from the nearest occupied building, unless otherwise specified by the local Fire
Department.
• As required in the Emergency Final Order, ash residue from the combustion of vegetative
debris may be disposed of in a permitted disposal facility, or may be land spread in any
areas approved by local government officials except in wellfield protection areas, wetlands,
or water bodies.
• As required in the Emergency Final Order, ash from the combustion of other disaster
debris shall be disposed of in a Class I landfill.
14. Open pile burning of disaster - generated vegetative debris must receive prior authorization from the
Division of Forestry. Ash from this burning may be disposed or used as described above for ACIs.
15. Chipping and /or grinding of uncontaminated disaster - generated vegetative debris is encouraged to
help reduce the volume of the material. The Department recommends the following guidelines for
managing the volume reduced material:
• In accordance with National Fire Protection Association', mulch and chip piles should not exceed
18 feet in height, 50 feet in width, and 350 feet in length. Piles should be subdivided by fire lanes
having at least 25 feet of clear space atthe base around each pile. These piles should not be
compacted.
• Smoking should only be allowed in designated areas well away from the combustible
material.
• Possible uses of the size reduced material include: (1) a soil amendment where it is disked into the
soil or mixed with potting soil; (2) as mulch for weed control, moisture retention, soil temperature
control, erosion control, or slope stabilization; (3) fuel; (4) feedstock for composting operations; (5)
animal bedding material; and (6) pulp wood.
• Use of the size reduced material as a soil amendment must be at normally accepted agronomic
rates as determined by industry practice. Recommendations for appropriate application rates by the
Institute of Food and Agricultural Sciences (IFAS) may be used, and can be obtained from the
local IFAS Agricultural Extension agent.
• The use of mulch must be considered beneficial rather than disposal. Mulch must not be
placed in water bodies or wetlands.
16. Management sites for disaster debris are temporary locations that can be used for the duration of
the Emergency Final Order or as otherwise approved by the Department. The following guidelines
apply to the closing of temporary management sites:
• Owner /operators of the management sites must contact the Department prior to closing a
management site to discuss and coordinate what will be required for closure including
environmental sampling, if needed.
• All disaster debris must be removed by the expiration of the Emergency Final Order, unless
otherwise approved by the Department.
• Mulch produced from processing uncontaminated vegetative debris may be left on -site if prior
approval is obtained from the Department. The Department will consider these requests on a
case -by -case basis.
• Areas that were only used to manage uncontaminated vegetative debris, or ash from burning
solely vegetative debris, will not require any environmental sampling after the debris or ash is
removed unless there is reason to believe that the area may have become contaminated (e.g.,
significant visible staining or known contaminant releases in the area).
• Areas that were used to manage mixed debris or ash from burning mixed debris will normally
require environmental sampling after the debris or ash is removed unless there is reason to believe
that no contamination of the area occurred (e.g., the area is paved with asphalt or concrete and
' NFPA 230, "Standard for the Fire Protection of Storage"
3 The web address for IFAS is http: / /www.ifas.ufl.edu/
there is no visible evidence of staining or known contaminant releases).
When environmental sampling for soils and groundwater is needed, it should typically include at
least one soil sample and one groundwater monitoring well in areas showing significant visible
staining or areas believed to be impacted by the managed waste or ash. Unless otherwise
approved by the Department, these samples should normally be analyzed for total RCRA metals,
volatile organic compounds, and semi - volatile organic compounds using approved EPA methods.
The Department can also require other approaches to conducting environmental sampling at
management sites on a case -by -case basis.
17. The Department must be informed in writing when all closure activities at the management site are
completed. If environmental sampling was conducted as part of the closure activities, then the closure
notice should include the results of this sampling, unless otherwise approved by the Department.
The Florida Department of Environmental Protection (DEP) provides the following contact information and
guidance to assist with management of hazardous waste generated from a hurricane event. DEP's
Tallahassee Program Office and the District offices will be available to coordinate assistance to local
governments and regulated facilities in the affected Counties.
Tr
Please reach out to the following DEP contacts for information about managing hazardous waste after
the storm. If your local contact cannot be reached, please call Tallahassee.
Tallahassee Office
Glen Perrigan: 850 - 245 -8749
E -mail: Glen.Perrigan @dep.state.fl.us
Jill Scarborough: 850 - 245 -8782
E -mail: Jill.R.Scarborough @dep.state.fl.us
2600 Blair Stone Rd.
Tallahassee, FL 32399
Central District
John White: 407 - 897 -4305
E -mail: John.White @dep.state.fl.us
3319 Maguire Blvd. Ste. 232
Orlando, FL 32803
Counties: Brevard, Lake, Marion, Orange, Osceola,
Seminole, Sumter, Volusia
Southwest District
Beth Knauss: 813 - 470 -5902
E -mail: Elizabeth .Knauss @dep.state.fl.us
13051 N Telecom Parkway
Temple Terrace, FL 33637
Counties: Citrus, Hardee, Hernando,
Hillsborough, Manatee, Pasco, Pinellas, Polk
Southeast District
Norva Blandin: 561 - 681 -6728
E -mail: Norva.Blandin @dep.state.fl.us
3301 Gun Club Road MSC 7210 -1
West Palm Beach, FL 33406
Counties: Broward, Dade, Indian River, Martin,
Okeechobee, Palm Beach, St. Lucie
South District
Karen Bayly: 239 - 344 -5616
E -mail: Karen.Bayly @dep.state.fl.us
2295 Victoria Ave. Ste. 364
Fort Myers, FL 33901
Counties: Charlotte, Collier, DeSoto, Glades,
Hendry, Highlands, Lee, Monroe, Sarasota
Northwest District
Brad Hartshorn: 850 - 595 -0591
E -mail: Brad.Hartshorn @dep.state.fl.us
160 W. Government St. Ste. 308
Pensacola, FL 32502
Counties: Bay, Calhoun, Escambia, Gadsden, Gulf,
Holmes, Franklin, Jackson, Jefferson, Leon, Liberty,
Wakulla, Walton, Washington
Northeast District
Pam Fellabaum: 904 - 256 -1670
E -mail: Pamela. Fellabaum(a)den.state.fl.us
8800 Baymeadows Way West Ste. 100
Jacksonville, FL 32256
Counties: Alachua, Baker, Bradford, Clay, Columbia,
Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
Levy, Madison, Nassau, Putnam, St. Johns,
Suwannee, Taylor, Union
Florida has an established network of local household and small business hazardous waste collection centers
that can provide a secure location for temporary storage of household hazardous wastes and emergency
storage of spilled or abandoned hazardous substances that pose a threat to the public or the environment.
• Attachment A is a list of county household /small business hazardous waste collection program
contacts.
• Attachment B is a list of the county hazardous waste compliance program contacts.
In the event that the local household hazardous waste collection center is not available, or there is a large amount
of waste, secure locations should be identified and registered using the following steps.
Identify a suitable and secure location. Disaster debris staging areas, parking lots, stadiums and parks
may need to be utilized for temporary storage of large amounts of waste.
Contact the FDEP representative in your area or in Tallahassee
Obtain a temporary Hazardous Waste Emergency EPA Identification number
A suitable Temporary Staging Area should be:
• On an impermeable surface
• Located in a secure area with limited access
• Of sufficient size to allow for separation of incompatible materials and adequate aisle space to allow for
inspections and emergency access
• Have adequate spill control and fire protection equipment
• Managed only by persons with appropriate HAZWOPER and HAZMAT training.
The waste in the temporary staging area should be:
• Separated from incompatible materials
• Maintained in closed containers that are in good condition and appropriate to the nature of the waste.
• Protected from the elements
Obtain temporary Hazardous Waste Emergency EPA Identification Number
Pursuant to 62- 730.161 Florida Administrative Code emergency identification numbers should be issued
during emergency events to track shipments of hazardous waste. If you need an
emergency EPA/DEP I.D. number for an emergency response situation, contact the FDEP district or
Tallahassee hazardous waste point of contact listed above with the information requested on the
attached form (Attachment C) "APPLICATION FOR A HAZARDOUS WASTE EMERGENCY EPA/DEP
IDENTIFICATION NUMBER"
-
FLORIDA HOUSEHOLD HAZARDOUS WASTE COLLECTION AND
MANAGEMENT CONTACTS
Cou my
Brbdi vb
Cbl f s!+
Cbz
Bradford
Brevard
Broward
Calhoun
Charlotte
Citrus
Clay
Collier
Columbia
Desoto
Dixie
Duval
Escambia
Flagler
Franklin
Gadsden
Gilchrist
Glades
Gulf *
Hamilton
Hardee
Hendry
Hernando
Highlands
Hillsborough
City of Tampa
Holmes
Indian River
Jackson *
Jefferson
Lake
Lee
Leon
Liberty *
Madison
Manatee
Marion
Contact
LvslTf bcvsh
LvslTf bcvsh
Djt 4!Lbss
Kurt Seaburg
Rita Perini
Jeff Turpin
Jim Reece
Wayne Stoquert
Dan Sherlock
Jamey Wilkes
Alister Burnett
Kurt Seaburg
Christina Williams
Kurt Seaburg
Jean Richards
Jim Howes
Larry Williamson, Sr.
Jim Reece
Jim Reece
Kurt Seaburg
Teresa Carver
Jim Reece
Dale Jackson
Teresa Carver
Toni Wright
Jeff Howley
Robert Diefendorf
Andrea Stermer
Joshua Ellis
Jim Reece
Himanshu Mehta
Jim Reece
Beth Letchworth
Kurt Seaburg
Johnny Taylor
Erich Tscherteu
Richard Lobinske
Benny Jerrels
Jim Reece
Beth Letchworth
Paul Panik
James Larramore
Email lPhone
kurt@aIachuacounty.us
rita.perini brevardfl.c
ieff.turoinCc broward.or
kurt2aIachuacounty.us
Leanr ff coi.net
jehowes @co.escambia.fl.us
solidwaste@1evycounty.or
!reece@co.okaloosa.fl.us
bletchworth (@ieffersoncou
463.445.1551
463.445.1551
961.347.3322
352 - 955 -2200
321 - 633 -1888
954 - 474 -1840
850 - 609 -6168
941 - 628 -1507
352 - 527 -5570
904 - 284 -6374
239 - 252 -7953
352 - 334 -0440
863 - 993 -4829
352 - 334 -0440
904 - 255 -7137
850 - 937 -2160
386- 517 -2075
850 - 609 -6168
850 - 609 -6168
352 - 334 -0440
863 - 773 -5089
850 - 609 -6168
386- 792 -1020
863 - 773 -5089
863- 675 -5252
352 - 754 -4912
863 -655 -6477
813- 209 -3045
813- 348 -1158
850 - 609 -6168
772 - 770 -5112
850 - 609 -6168
850 - 342 -0184
352 - 334 -0440
352 - 253 -1684
239 - 533 -8931
850 - 606 -1816
352 - 955 -2200
850 - 609 -6168
850 - 342 -0184
941 - 742 -5980
352 - 671 -8481
Djm!pdPdbrb
TI jq! N dDbryn
smccall@ocalafl.org
463.462.7855
N bajo
X f oez!Qbsl f s
wparker@martin.fl.us
883.52:.7: 51
Njbn j. Ebef
H f pshf !N b9di
geor e.march @miamidade.gov
897.648.8573
N pospf
Njdi bf riD/!Cbt i bn
basham-michael@monroecounty-f_l
416.8: 8.198:
Obt t bv!+
Lv9JTf bcvsh
Lu_rt(aalachuacoun_ty.us
463.445.1551
P brppt b
Fyn !Sf f df
jreece_@co.okaloosa.fl.us
961.71:.7279
PI f f di pcf f
S vt t f rAS px rboe
rrowland@co.oke.e.chobe.e..fl.us
974.874.2922
Orange
Vanessa Cruz
vanessa.cruz @ocf
407-836-1423
Osceola
Mike Bryant
MLike.bryantff osceola.org
407-742-7750
Palm Beach
Robert Madden
bmaddeL@Lwa.org
561-687-1100
Pasco
Charles Ryburn
cryburn @ pascocountyfl.net
813-929-2755 x6896
Pinellas
Joseph Fernandez
Aernand2pi�nellasc�ount or
727-464-7549
Polk
Michael Ferguson
michaelferuson @polk- countv.net
863-284-4319
Putnam
Jason Hughes
jason.hughes@putnam-fi.com
386-329-0464
St. Johns
Chris Benjamin
cbeniamin @ sicfl.us
904-827-6980
St. Lucie
Ally Berry
berrya@stlucieco.or
772-462-1624
Santa Rosa
Jim Reece
jreece@co.okaloosa.fl.us
850-609-6168
Sarasota
Oland Stokes
ostokes2,s �v.net
941-356-3742
Seminole
Michael Bruk
mbruk@seminolecountyfl.gov
407-665-2250
Sumter *
James Larramore
james.larramoreffmarioncountyfl.org
352-671-8481
Suwannee
Dennis Rafferty
Aennisr2suwcounty.or
352-955-2200
Taylor
Cheryl White
mosguito.tech@taylorcountygov.com
850-838-3539
Union
Kurt Seaburg
Lurt@alachuacounty.us
352-334-0440
Volusia
Jennifer Stirk
istirk@vglus*ia.org
386-947-2952
Wakulla
Beth Letchworth
bletchworth@'effersoncountyfl.Eov
850-342-0184
Walton *
IJim Reece
jjreece@co.okaloosa.fl.us
1850-609-6168
lWashington
IJim Reece
jjreece@co.okaloosa.fl.us
1850-609-
* Counties that have a cooperative agreement with a host county. Host counties are Alachua, Hardee, Jefferson, Marion and
Okaloosa County
Updated 9/2017
-
County Hazardous Waste Compliance Program Contacts
County
Office Location
Primary Contact
Business Phone
E-mail
Alachua
Alachua County Env. Protection Department
Gus Olmos
(352) 264-6806
&UE2ALaCh Ua COUnty
Baker, Nassau
Northeast Florida Regional Council
Beth Payne
(9041 279-0885 X113
eLaSne2nefrc orZ
Bay
Bay County Solid Waste
CrIstl Karr
(850) 236-2211
clkarr baycountyfl v
Bradford, Columbia, Dixie, Gilchrist, Hamilton, Lafayette, Madison, Suwannee, Taylor, Union
North Central Florida Regional Planning Council
Dwayne Mundy
(3521 955-2200
M22L2ncfr2c org
Brevard
Brevard County NRMD
Maryann Civil
(321) 633-2017 X1
Maryann. - -_Ivil �brevar�dcount us
Broward
Pollution Prevention Division
Al Go mez
(9541 519-1259
222n2ez2broward.org
Calhoun, Franklin, Jackson, Jefferson, Liberty, Wakulla, Gadsden, Gulf
Apalachee Regional Planning Council
Keith McCarron
(850) 488-6211
I(McCarron2thearl?c com
Charlotte
Charlotte County Solid Waste Division
Tim McMullen
(9411 764-4386
tim.mcmullen2charlottefl.com
Citrus
Citrus County Solid Waste Management
Dan S. Sherlock
(352) 527-7670
dan.sherlocl<2bocc.citrus.fl.us
Clay
Florida Department of Health — Clay County
Alan D. Davis
(9041 284-6341
alan.davis@flhealth.g2v ri
Collier
Pollution Control Department
Allster D. Burnett
(239) 252-2502
alisterburnett2colliergov.net W
Dade
Miami-Dade Dept. of Regulatory and Economic Resources (RER)
Serge Bergovoy
(3051 372-6600
bereg 2miamidade.goy
Duval
Environmental Quality Division/Hazardous Materials
Jean Richards
(904) 255-7137
jta nr @co net
Flagler
Flagler County Hazardous Waste Program
Larry Williamson
(3861 517-2075
lwilliamson@flaglercounty.org =3
Glades
Southwest Florida Regional Planning Council
Tim Walker
(239) 938-1813 X212
Lwall<erffswfrpc.orE 0
Hardee, Okeechobee, Desoto
Central Florida Regional Planning Council
Chuck R. Carter
(8631 534-7130
Hendry
Hendry County Special Districts
Ton[ Wright
(863) 675-5252
twright2hendryfla.net
Hernando
Hernando County Hazardous Waste Program
Jeff Howley
(3521 754-4112
ihowleyp_co.hernando.fl.us
Highlands
Highlands County Board of Co. Commissioners
Scott L. Canaday
(863) 385-1112
scanaday2hceoc.org a)
Hillsborough
Env. Protection Commission of Hillsborough County
Gerry
(8131 627-2600 X1306
Escambla, Holmes, Okaloosa, Santa Rosa, Washington
West Florida Regional Planning Council
Kathy M Ahlen
(850) 595-8910 X234
I<athy.ahlen@wfr[?c.org
Indian River
Florida Department of Health in Indian River
Charles Vogt
(7721 794-7440
charles.vogt2flhealth.gov
Lake
Lake County Public Works
Johnny Taylor /Danielle Bentzen
(352) 253-1684
Lee
Lee County Hazardous Waste Program
Dale Nottingham
(2391 652-6126
nottindl @leea ov.com
Leon
City of Tallahassee
Dean Chaaban
(850) 891-1062
dean.cLaaban@talgov.com
Manatee
Environmental Action Commission
Paul Panlk
(9411 742-5980
Raul_Lanik@mymanatee orZ <
Marlon
Solid Waste Department
John E Newell
(352) 671-8477
john.neweII@marion22Uaty2,2M
Martin
Martin County Utilities & Solid Waste Dept
Merle Stokes
(7721 288-5700
wstokes2martin.fl.us
Monroe
Florida Department of Health
Julie Pond
(305) 453-8755
iulie.ipond2flhealth.gov
x
Orange
Compliance & Waste Management Section
Vanessa Cruz
(4071 836-1423
yanessa.cruz @ocfl.net W
Osceola
Osceola County Hazardous Waste
Mike Bryant
(407) 742-7750
Palm Beach
Florida Health- Palm Beach County Health Department
Jeff D[zek
(561} 837-5900
ieffrey dizek@doh.state.fl.us
Pasco
Pasco County Utilities Administration
Charlie W. Ryburn
(727) 847-8041 X8718
cryburn2pascocountLfl.net E
Pinellas
Pinellas County Department of Solid Waste
Catherine Elchner
(7271 -7518
ceichnei-22inelluscoUDly.org L)
Polk
Polk County Waste & Recycling Div
Michael Ferguson
(863) 284-4319 X203
michaelferguson@[?21L net
Putnam
Putnam County Emergency Services
Tina Hitchcock
(3861 329-0380
Lina.lhi_tchcock_2I2utnam-fl.com
Sarasota
Sarasota County Inspection & Compliance Office
Claudia Leonard
(941) 316-1300
cleonard @scaov
Seminole
Seminole County Hazardous Waste Program
Ed Bautista
(4071 665-2266
ebautista2seminole222atyf!,ga
St. Johns
St Johns County Solid Waste
Chris Benjamin
(904) 827-6980
St. Lucie
Treasure Coast Regional Planning Council
Kate Boer
(772} 462-1624
aattuscj2stlucieco_&ov
Sumter
Sumter County Fire Rescue
Jeremy Fell
(352) 793-0212
hvalle@volusia
ITaylor
jTaylor County Environmental Services
lCheryl A. White
52 -3532
jmosguto.j2iL2j2jL2L222ajy&2=
jVolusla
Volusla County Pollution Control Env. Management
lHector Valle
;2
hyLLe@volusia.ora
Cou nty Sheriff's Office
AI Ford
(8501 892-8065
!a ford 2wa Itonso.org
Updated 5-22-2017
-
FACILITY NAME
FDEP USE ONLY
ISSUE DATE
ISSUED BY
DATE RECEIVED
NOT VALID AFTER
PROCESSED BY
COUNTY
APPLICATION FOR A HAZARDOUS WASTE EMERGENCY EPA/DEP
IDENTIFICATION NUMBER
Complete the following information, make sure the form is signed by the generator, and send the original form to the
Hazardous Waste Compliance /Enforcement Section at the appropriate Florida Department of Environmental
Protection (FDEP) district office. Type or legibly write the information in ink.
Emergency I.D. numbers are generally issued only in the following circumstances, pursuant to Rule 62- 730.161,
Florida Administrative Code (F.A.C.):
1. Emergency situations (e.g. spills);
2. Cleanup of an abandoned site;
3. One -time cleanup of a site that does not normally generate hazardous waste and will not foreseeably
generate hazardous waste in the future.
If the Department issues an emergency EPA/DEP I.D. number, you must submit legible copies of all signed and
returned manifests to the Hazardous Waste Compliance Section of the FDEP District office that issued the number
within 45 days of the last shipment of hazardous waste. If you generate more than 1000 kilograms of hazardous
waste in a calendar month, you must submit a biennial report as described in Rule 62730.160(5), F.A.C.
If you need an emergency EPA/DEP I.D. number for an emergency response situation, call the FDEP district office
with the information requested on this form and a number will be issued as quickly as possible
IMPORTANT: THE EMERGENCY EPA/DEP I.D. NUMBER IS NOT VALID BEYOND 60 DAYS OF THE
ISSUE DATE. [62- 730.161(4)(d), F.A.C.]
A. Situation:
Person Requesting I.D.
Number:
Briefly describe the situation and state why you need an emergency EPA/DEP I.D. number:
B. Hazardous Waste Information:
(1) Waste
Description:
(2) Fill in the table with the waste code(s) and amount(s), including the unit of measurement
EPA Waste Codes Manifested Amount UOM
Pagel of 2
DEP Form 62- 730.900(3), incorporated in Rule 62- 730.161(2)(a), F.A.C., Effective Date 4 -23 -13
FACILITY NAME
FDEP USE ONLY
C. Generator Information:
ISSUE DATE
ISSUED BY
DATE RECEIVED
NOT VALID AFTER
PROCESSED BY
COUNTY
(1) Facility for which I.D. number is requested (must be generation point):
(a) Facility Name:
(b) Physical Address:
City:
(c) Phone Number:
(d) Contact Person:
(2) Mailing Address (if different from above):
(a) Name:
(b) Address:
City:
D. Shipment Information:
(1) Transporter Name:
Transporter EPA I.D.
(2) Designated TSD Facility:
TSDF EPA I.D.:
CERTIFICATION
I hereby certify that I am an authorized employee of the generator, and that the information in this application is
correct and complete to the best of my knowledge. I further certify that the emergency EPA/DEP I.D. number shall
be used only for the above hazardous wastes and their shipment unless I obtain prior FDEP approval to do
otherwise. I shall send a copy of the manifest to FDEP within 45 days of the last shipment of hazardous wastes. I
certify that the situation described in Section A is true. I understand that submission of false or incorrect information
or use of the emergency EPA/DEP I.D. number beyond 60 days from the date of issuance may result in enforcement
action.
Signature
Name (please print or type)
E -Mail
State:
Zip:
Zip:
State:
Date
Telephone
Page 2 of 2
DEP Form 62- 730.900(3), incorporated in Rule 62- 730.161(2)(a), F.A.C., Effective Date 4 -23 -13
k
t.
December 28, 2017
The sampling protocols for Disaster Debris Management Site (DDMS) closure will vary depending on site
activities and types of waste handled. The Florida Department of Environmental Protection
(Department) has developed the following protocols listed by site activity type:
Vegetative Debris Sites
Sites that were only used to manage uncontaminated vegetative debris, ground uncontaminated
vegetative debris, or ash from burning solely vegetative debris will usually not require environmental
sampling. If there is reason to believe that contamination occurred on a site during its use as a DDMS,
the Department may require sampling at the frequency listed below. This will be evaluated on a case -
by -case basis.
Mixed Debris Sites
Sites that were used to manage mixed debris, including household hazardous wastes, white goods
and /or C &D waste, will require sampling unless the entire affected area is paved with an impervious
surface and no contamination is suspected.
Initial soil testing shall be analyzed for:
• RCRA metals, as defined in 40 CFR 261.24, Table 1 *, using EPA methods 6010 and 6020, and
• Volatile Organic Compounds (VOCs), using EPA method 8260, and
• Semi - Volatile Organic Compounds (SVOCs), using EPA method 8270
If an exceedance is found in soil for total RCRA metals, a TCLP test (EPA method 1311) will be required
Sampling of ground water for RCRA metals, VOCs, and SVOCs may be required depending upon the
results of soil samples. The same EPA test methods used for soils listed in the bullets above shall be
used for ground water.
Sampling Locations
Sampling must be taken from the presumed most contaminated area of the site or at the discretion of
the Department inspector.
DDMS site responsible parties or their representative(s) must provide a site map depicting the area and
waste types that were stored and exact sampling locations /GPS coordinates. The map along with the
laboratory Chain of Custody must be provided to the Department.
Florida Department of Environmental Protection
Sampling Protocols for DDMS Site Closure
a
*40 CFR 261.24, Table 1 defines Toxicity Characteristic Contaminants as Arsenic, Barium, Cadmium,
Chromium, Lead, Mercury, Selenium and Silver
If uncontaminated vegetative debris as described in Vegetative Debris Sites above was isolated from
other debris on Mixed Debris Sites, soil testing is not necessary in the areas that contained only
vegetative debris unless contamination is suspected.
Sampling Procedures
All sampling shall be conducted in accordance with 62 -160, F.A.C. and FDEP's Standard Operating
Procedures for field activities or equivalent procedures:
hops: / /florid�dep.ov /deer /florid- dep- l�bor�tory/ content /dep- l�bor�tory- quality- �ssur�nce- manual-
Lnd -sops
hops: JJfloridadep .LovJdearJguality - assurance
Sampling Frequency
The following sampling frequency according to the area of debris storage on the site that requires
testing is as follows:
< 1/3 acre = 3 samples
1/3 acre — 1 acre = 4 samples
< 1 acre = 4 sample + 1 sample for each additional 1/2 acre of area
Exhibit 4: Contract Provisions Required by 2 CFR §20
1. Administrative, Contractual, and Legal Remedies
The following provision is required if the Agreement is for more than $150,000. In addition to
any of the remedies described in the elsewhere in the Agreement, if the Contractor materially
fails to comply with the terms and conditions of this Contract, including any Federal or State
statutes, rules or regulations, applicable to this Contract, the Non - Federal Entity may take one or
more of the following actions.
i. Temporarily withhold payments pending correction of the deficiency by
the Contractor.
ii. Disallow (that is, deny both use of funds and any applicable matching
credit for) all or part of the cost of the activity or action not in compliance.
iii. Wholly or partly suspend or terminate this Contract.
iv. Take other remedies that may be legally available.
The remedies identified above, do not preclude the Contractor from being subject to debarment
and suspension under Presidential Executive Orders 12549 and 12689. The Non - Federal entity
shall have the right to demand a refund, either in whole or part, of the funds provided to the
Contractor for noncompliance with the terms of this Agreement.
2. Termination for Cause and Convenience
A. The Department may terminate this Agreement at any time in the event of the failure
of the Contractor to fulfill any of its obligations under this Agreement or if any warranty
or representation made by Contractor in this Agreement or in its application for funding
shall at any time be false or misleading in any respect. Prior to termination, the
Department shall provide thirty (30) calendar days written notice of its intent to
terminate and shall provide the Contractor an opportunity to consult with the
Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the
Contractor with thirty (30) calendar days written notice. If the Department terminates
the Agreement for convenience, the Department shall notify the Contractor of such
termination, with instructions as to the effective date of termination or specify the stage
of work at which the Agreement is to be terminated. If the Agreement is terminated
before performance is completed, the Contractor shall be paid only for that work
satisfactorily performed for which costs can be substantiated.
3. Equal Opportunity Clause
The following provision applies if the agreement meets the definition of "federally assisted
construction contract" as defined by 41 CFR Part 60 -1.3:
During the performance of this Agreement, the Contractor agrees as follows:
i. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Contractor agrees to post
in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination
clause.
ii. The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
iii. The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
Contractor's legal duty to furnish information.
iv. The Contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other Agreement or understanding, a
notice to be provided advising the said labor union or workers' representatives of the
Contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
V. The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
vi. The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
vii. In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this Agreement or with any of the said rules, regulations, or orders, this Agreement
may be canceled, terminated, or suspended in whole or in part and the Contractor may
be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by
law.
viii. The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontractor purchase order as
the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance.
4. Davis Beacon Act
If the Agreement is a prime construction contract in excess of $2,000 awarded by the Contractor,
and if required by the Federal Legislation, the Contractor must comply with the Davis -Bacon Act
(40 U.S.C. 3141 -3144, and 3146 -3148) as supplemented by Department of Labor regulations (29
CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction "). In accordance with the statute, contractors must pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must pay wages not less
than once a week. The Contractor must comply with the Copeland "Anti- Kickback" Act (40
U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States "). The Act provides that each contractor or subcontractor must be
prohibited from inducing, by any means, any person employed in the construction, completion,
or repair of public work, to give up any part of the compensation to which he or she is otherwise
entitled.
5. Contract Work Hours and Safety Standards Act
Where applicable, if the Contract is in excess of $100,000 and involves the employment of
mechanics or laborers, the Contractor must comply with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the
Act, each contractor must be required to compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
6. Rights to Inventions Made Under Agreement
If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and
the Contractor wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the Contractor must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
7. Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251 -1387)
If the Agreement is in excess of $150,000, the Contractor shall comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be
reported to the Federal Awarding Agency and the Regional Office of the Environmental
Protection Agency (EPA).
8. Debarment and Suspension (Executive Orders 12549 and 12689)
The Contractor certifies that it is not listed on the governmentwide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part
1989 Comp., p. 235), "Debarment and Suspension."
9. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352)
The Contractor certifies that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered by
31 U.S.C. 1352. The Contract shall also disclose any lobbying with non - Federal funds that takes
place in connection with obtaining any Federal award.
10. Procurement of Recovered Materials
The Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act as described in 2 CFR part 200.322.
Exhibit 5: Scope of Work and Responsibility of the State
Florida
Section 1- Work: Monroe County is currently recovering from the devastating effects of
Hurricane Irma, a Category 4 storm that directly impacted the Florida Keys. Hazards impeding
the use of public and private navigable waters are needed to be removed to continue with recovery
from the storm. This debris includes, but not limited to vegetative, hazardous waste, non - marine
vehicles, construction and demolition, vehicles, white goods, and e- waste. This MOU does not
encompass the cleaning up of derelict vessel debris. Other limitations on operations and debris
cleanup are detailed in Section 2 of this document.
Debris will be gathered by Department of Environmental Protection or its contractors to an
offload location for transportation to a permitted final disposal facility and /or transfer facility. At
this collection point, the debris will be sorted in accordance with applicable policies, rules,
practices, and laws.
Finally, regarding staging, storage, and disposal of these debris, the County will have the
responsibility to locate and secure appropriate sites and/or transfer stations for debris management
and shall secure all necessary permits, including disaster debris management site (DDMS) permits
The Florida Department of Environmental Protection will clean up hazardous and non - hazardous
debris in private and public waterways (including canals). The County shall provide any public
lands that are available and appropriate as DDMS sites and shall provide any other help to assist
the State in locating and securing the necessary sites.
Section 2- Limitations on the Responsibility of the State of Florida: The State of Florida
and its contractors will be only responsible for the cleanup of public and private waters, including
nearshore waterways below the mean high water line, up to the limits set forth in Federal
Emergency Management Agency's Public Assistance Program and Policy Guide (2018). The
Federal Emergency Management Agency's Public Assistance Program and Policy Guide (2018)
Page 1 of 2
u f !gbttbhf !pd\Af ttf rti!jt !f rjbj crfi!ip!b!n byj n vn !ef qd !pd \Lx p!)3 *"!gff dcf rpx !d f !rpx . qef !edbjlpd
u f !rbshf t dW t t f rhi bdvgrjl f e!d f Ix btf sx bz!gl ps!ip!d f !j o4 of oin!bsf !ip!cf !dpvf sf e!voef s!d f !Q✓crjt!
B t tj t rbodf ! Q�phsbn /! G/sd f sn psf -! boz! of cl t ! f yLf oej oh!j oip! d j t ! { pof ! n bz! cf ! sf n pvf e! bt ! x f rrfl
Therefore, any debris, even if a result of Hurricane Irma, found below this limit shall be not the
responsibility of the State of Florida or its contractors. Because of the numerous waterways
throughout unincorporated Monroe County, it is near impossible to calculate this depth limitation
for each of waterways. Therefore, in accordance with Federal Emergency Management Agency's
attorneys, the depth for this entire cleanup operation will be calculated based on the average depth
of five (5) vessels with the deepest draft in Monroe County. Photographic and depth records of
these vessels will be collected with the help of Monroe County and retained by the Department of
Environmental Protection for the purposes of later reimbursement activities.
Finally, this MOU does not govern the clean -up of federally maintained navigable
waterways. These restrictions are outlined in Federal Emergency Management Agency's Public
Assistance Program and Policy Guide (2018).
Section 3- Sonar Use: The Department or its contractors will only be permitted to use side
scan sonar when there is an identifiable and documentable threat to life, public health, safety, or to
the economic recovery of the community at large. This means that the side scan sonar cannot be
used to locate which waterway or canal contain debris. Rather it can only be used for locating
debris within a waterway or canal where it is discernible from non -sonar means that there is debris
in a given waterway. This debris also must pose a threat to life, public health, safety, or to the
economic recovery of the community at large.
Page 2 of 2