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Item C30 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17, 2014 Division: Public Works/Enaineering Bulk Item: Yes X No Department: Facilities Maintenance Staff Contact Person: Dent Pierce,,.(305)292-4560 AGENDA ITEM WORDING: Approval to renew the contract with U. S. Water Services Corporation for the operation and maintenance of wastewater treatment plant for the Roth Building, Monroe County on a Month to Month basis. ITEM BACKGROUND: Our current agreement with U. S. Services terminated May 31, 2014. The centralized wastewater system construction is in process. The connection to the centralized wastewater system construction is anticipated to be completed in less than a year. PREVIOUS RELEVANT BOCC ACTION: On June 15, 2011, the BOCC awarded the bid and current contract. On May 16, 2012, the BOCC approved the first contract renewal option. On May 15, 2013,the BOCC approved the second contract renewal option. CONTRACT/AGREEMENT CHANGES: Renewal contract to commence on June 1, 2014 on a Month to Month basis. Monthly contract amount remains at S1,259.27/month, labor for repairs (as described in the original contract) during normal working hours S68.09/hr. and emergency service calls $81.71/hr, STAFF RECOMMENDATIONS: Approval TOTAL COST: $15,111.24/annual INDIRECT COST: BUDGETED: Yes X No $1,259,27/month Repairs: Regular business hours $68.09 Fmergency/OT $81.71 Parts—cost+ 15% 'Sludge removal after first 4 —cost +15% DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY:,,,_, same---- SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Pure Flas"ing Risk Managen'leni DOCUMENTATION: Inelt(died X Not Required DISPOSITION:,..,—,.---- AGENDA ITEM Revised 1/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: U.S Water Services Corp Contract 4-- Effective Date: 06/01/14 — -J—— --- Expiration Date: Month to Month ------------- Contract Purpose/Description: Month to Month Renewal for the Operation and Maintenance of the Wastewater Treatment Plant at the Roth Building 45 Contract Manager: Alice Steryou 4549 Facilities Maint/Stop 44 (Name) (Ext.) (Department/Stop L for BOCC meeting on 10/15/14 Agenda Deadline: 09/30/14 CONTRACT COSTS Total Dollar Value of Contract: 15,111.24 + Current Year Portion: $ 15,111.24 + repairs I. airs Budgeted? YesZ No R Account Codes: 101-20505-530-340- Grant: N/A County Match: $ N/A ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. 1,71aintesimice, utififies,janitorial,salaries,_etc.,)._ CONTRACT REVIEW Changes Date Out i,te In Needed Reviewer mw Yes[] Division Director [:] [3"" 1�isk Management Yes No -r.K, O.M.B./PtireLsing qlPll Yes[:] N(e" County Attorney Yeso N(,01 Comments: OMB Form Revised 2/27/01 MCP#2 Month to Month AGREEMENT OPERATION AND MAINTENANCE WASTLEWMR TREATMENT PLANT-ROTH BUILDING THIS MONTH TO PONTH RENEWAL AGRE EMENT is, made and entered into this 1-7 F/, day of Ck )a - A , 2014, between MONROE COUN'ry (ljercinjaft " o ey -(,�ouij�y r -ownee), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and U. S. WATER SERVICES CO'RPORATION, a Florida, corporation, whose address is 4939 Cross Bayou Boulevard,New Port Richey, Florida 34652(hereinafler,"Contractoil), WHEREAS, the parties hereto did on June 15, 2011 enter into an agreement for optration and maintenance of' wastewater treatment plant for the ROTH BUILDING located in Monroe County (hereinafter"Original Agreement");and WHEREAS,on May 16,2012 the BOCC approved the I'Renewal Agreement option;and WHEREAS,the parties have found the Original Agreement to be mutually beneficial and; WHXRE AS,the paA ies have(bond ttle I"Renowal Agreement to be mutually beneficial and; WHE AS,the parties,have found the 2"dlkon ewal Agreement to be mutually beneficial and; WTIER LAS,,the centralize(j wastewater system construction is in process in;and WHEREAS, the connection to the centralized wastewater system construction is anticipated to be completed in less than a year;and WHEREAS, the parties find that it would be mutually beneficial to enter into this Renewal Agreement on a Month to Month basis pending centralized wastewater connection; now therefore NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below,the parties agree as follows: 1. In accordance with the original agreement, Paragraph 3, CONTRACT AMOUNT, the Contract amounts remain as follows: Monthly operation and maintenance service amount $1,259.27, for an annual amount of$15,111.24; labor for repairs(as described in the original agreement)during normal working hours S68.09/hr.and emergency service calls$81.71/hr. Z In accordance with the original agreement, Paragraph 5, TERM OF AGREEMENT, The County has exercised both options to renew the Original Agreement,. The Renewal Agreement term will commence on June 1, 2014 on a Month to Month basis pending centralized wastewater connection. IN 'VaMSS VVE[EREOF, the parties hereto have set their hands and seals the day and year first above written, (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST:AMY MAVILIN,CLERK OF MONROE COUNTY,FLORIDA By Deputy Clerk11 of) Witnesses for coNritACTOR: U. S. WATER SERVICES CORPORATION i gnatu By_- m. Mrc Date ,N Print arrie "Tiai: Signature twtnOE COU RNKY P OV'E OtN 9 "Cj ',ADO C(DPYOPERATION AND MAINTENANCE 1,40111 RU l DING HIS ' ND Rl,f" F,WAll, A,(AltVV1'M^IV,NT is made and entcncd into this day of t1„1.. 2dI3, lar4i%ye n M"IC1 aIIOFI �('0VN"I'Y' (hereinafter' C'��rrrrruy" or "DW)e'i ), �a politicat sr0, i ision o 0he State r1 Flaariirljr, o/jr,�sc uaodl ess is I V 00 Simonton try-ulr K(,,, Wcs't. 31040,and U. S. WATER SERVICES CO"ORATION, a Florida corporation, whose address is 4939 Cross Bayou Boulevard, New Port Richey, Florida 34652(hereinafter`"Contractor"'). WHEREAS, the parties hereto slid on June 15, 2011 eater into an agreement for operation and maintenance of wastewater treatment plant for the ROI'FI BUILD NCd located in Monroe County (hereinafter"Original Agreement"); and WHEREAS, on May 16, 2012 the BOCC approved the I`° Renewal Agreement option; and WHEREAS,the parties have found the Original Agreement to be mutually bcnefrciai and; WHEREAS, the;parties have found the I" Renewal Agreement to be Mutually beneficial and; WHEREAS, the parties find that it would be mutually beneficial to enter into this 2nd Renewal Agreement; now therefore NOW 'THEREFORE, IN CONSIDERATION of the nrt,irtual promises and covenants set foratha below,the parties agrce as follows: 1. In accordance with the original agreernent, Paragraph 3, CONTRA,C"I:" AMOUNT, the Contract amount is being adjusted 1.7% 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 C PI-l) computation at December 31 of the previous year as follows: Monthly operation and maintenance service amount firom $1,238.22 to $1,259.27, for' an annuarl anIOUnt of $15,111.24, labor for repairs (as described in the original agreement) during normal working hours from $66.95 to S68.09 and emergency service calls from $80,34 to $81,71. 1 In accordance with the original agreement, Paragraph 5, TERM OF AGRCEMEN'l', the Countyexercises second Option to renew the Original Agreement fear the second of the two (2)terms, This term will commence on dune 1,20I3 and terminate May 31,2014. IN WITNESS 'W11ERFOr, the parties hereto have set their hands and seals the clay and ,year first above written, (SEAL,) BOARD OF COUNTY COMMISSIONERS ATfFS'f; A11rIY H AVILIN, CLERK OF MONROE�COUNI'Y, FLORIDA, Lip By Na0,4 :rwy C'Icrk Mayor/Chairperson®. ,. Witnesses for CON'I'RACfOR1- U.i", WATER SERVICES CORPORATION 4 4 p, BV i I , � J Print Nrrn is t m, Date, it �t'la>#"r,)'`�ki>(y.E 1 y A f�()rO�Po ff.natur AS Late o.. ��►, ',� `�.� " �r�o� µ° � �p�; � w a ° �.:. COPY OPERATION AND NIAIN,rENA;NCE AA 'a A II Id,R 'I'REA 1 IF PLANT —,.�rv�II� I au I IIII I, �IIIIS 1" RENEWAL AGI Ff,MEN'T" is made and entered into this 'A day of 2012. between !A110NROII,. COUNTY (hereinafter "County" or C)wur0"), a political Sarl'uhn"sirtrt of�flie State of Florid;', nwivaa�e-address is II 100 Simonton Street, Key 'West, Florida 133040,and U. S. WATER SERVICES CORPORATION, ra Florida corporation, whose address is 4939 Cross Bayoaa Boulevard, New fort Richey, Florida 34652 (hereinafter"Contractor"). WHEREAS, the parties hereto did on June 15, 2011 enter into ail agreement for operation and Maintenance of wastewater treatment plant for the ROTH BUILDING located in Monroe County (hereinafter"Original Agreement"), and WHIF:REAS, (he parties have fOLUld the Original Agreement to he mutually"beneficial and, WHEREAS, the parties Find that it would be rla1utually 0011eficial to enter into this I" ReneWal Agreement, now therefore NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below,the;parties agree;as ftollows: I. In accordance with the original agreement„ Paragraph 3, C ON"FR ACT AMOUNT, the, Colatract amount is being adjusted 3�o in accordance with the percentage change, in the 'U `, Department cif Commerce Consumer Price Index (1CPl-11J) for all Urban Consumers as reported by the I.J.S. BUrerau of Labor Statistics and sludl he based upon the C'Pl-U computation at December 31 of the previous year as follows: Nlonthly operation and maintenance service arraount from $1,202,16 to S1,238.22, for an annual anioanat of $14,858.64; labor for repairs (as described in the original agreement) during nonTial working hours f'u�om $65,00 to S66.95 and urnerg,.ncy service calls from $78.00 to $SO.34. 2. In accordrance. Nvith the original agreerI Paragraph 5, TII OF ACRFF,1MFNT, the County exercises option to renew the Original Agreement for the first of the two (2) terms, This term will eorr►menec un .Inane 1,2012 anad terminade May 31,2013. IN WITNESS WHEREOF, the panties hereto have set their hands and seals the dray and year first above written, (SLAL) BOARD OF C'()UNTY C:UMIMISSIONERS /AMr,s"r: DAN1•Y L. KOLNA6I11, C"LI`RK ()I,' MCWNROE: COUNTY, IFLORIDA i 1�3' B 15 ptm Clerk m Ireuurperscnn Witnesses for CONTRACTOR: U, VVATFR SFRVICFS CORPORATION A � e� a,egrlatUrC � p ........... Date u _ � Paint Name b Signature 9 A�Gt 9�+��;rt r a rq,rt�U r , G rttt�tl; t� "PO 1AP r Date SAS O r"r,�rri 7 I COPY AGREEMENT FOR OPERATION AND MAINTENANCE WASTERWATER TREATMENT PLANT—ROTH BUILDING This Agreement is made and entered into this 15 1 h day of 2011, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of theState of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and U. S. WATER SERVICES CORPORATION ("CONTRACTOR"), a Florida corporation, whose address is 4939 Cross Bayou Boulevard,New Port Richey, FL 346521. WHEREAS, COUNTY desires to provide operation and maintenance of wastewater treatment plant for the ROTH BUILDING, Monroe County, and WHEREAS, CONTRACTOR desires and is able to provide operation and maintenance of wastewater treatment plant for the ROTH BUILDING, Monroe County; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide operation and maintenance of wastewater treatment plant for the ROTH BUILDING Monroe County,now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows; 1. THE AGREEMENT The Agreement consists of this document, the bid documents,exhibits,and any addenda only, 2. SCOPE OF THE WORK A. The Contractor's services shall include all DEP requirements stipulated in the Operating Permit (attached as Exhibit A) in order to operate the facility efficiently and reliably, and to maintain the facility according to the Permit. The Contractor shall invoice the County for the operation and maintenance services on a monthly basis, in arrears, at the fee schedule rate. 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 matter concerning the operation of the facility, and shall provide written notification to the County of any and all deficiencies encountered that may result in a non-compliance operating violation. This notification shall include the observation of the deficiencies, recommended corrections, and cost estimates. Said notification shall be delivered to the Facilities Maintenance Director for Agreement January 2011 review and approval. In the event that the County shall receive a notice on non-compliance or of potential violation, written notice shall be given the contractor, V. Provide, and maintain on site, records as required by the Permit conditions. The Contractor shall submit supplemental copies of record documents and monthly operation reports(MOR)to the Facilities Maintenance Director. vi. Inspect and maintain the facility's equipment, practices, and operation regulated or required by the Permit conditions. vii. Perform all other routine operation and maintenance tasks for the facility as part of the monthly service and included in the monthly fee such as, but not limited to, the following: a� Operate the wastewater facility according to the manufacturer's specifications and pursuant to the Federal, State, County, and local regulatory rules with particular attention to Florida Laws, Chapter 403 and the Florida Administrative Codes, 62-600, 62-604,62-610, 62-611, 62-640, F.A.C., and other applicable sections; b. Inspect and lubricate all equipment which requires lubrication in accordance with the manufacturer's specification and recommendations C. Supply, monitor, and record chlorine feed and effluent residuals regularly. Chlorine costs shall be included in the monthly operation and maintenance fee. d. Replace motor/blower belts when required (labor and parts furnished by the Contractor); e. Clean blower filters on a regular basis; f Repair minor electrical and plumbing problems at the contractors cost of$5 00.00 and below; 9. 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; 0. Mechanically check standby equipment weekly; P. Clean and hose down plant regularly to maintain good housekeeping of the facility,and remove all unsightly debris and materials from facility area on a regular basis; Agreement 2 January 2011 q. Provide all digester sludge removal services: Maximum of four removals annually, when required. Any additional removals in excess of 1,200 gallons require the County's prior written approval; the contractor shall notify the Facilities Maintenance Department when such additional removals are anticipated. The cost breakdown for any removals beyond the four cited above shall consist of the disposal cost to the contractor plus 15% handling charge, The Contractor shall be solely responsible for all sludge removal services and any required testing. The Contractor shall submit to the Facilities Maintenance department a copy of the landfill inbound charge (dump)ticket(s) after every sludge removal service; and r. Provide for emergency standby pumping services for the facility (inclusive of all necessary equipment, materials, and labor) in the event that an unusual occurrence makes it necessary to immediately pump out a plant to prevent untreated wastewater from improperly escaping into the environment, The Contractor shall perform this function to the best of the Contractor's ability considering the circumstances surrounding the unusual occurrence, and such occurrences shall qualify this as an emergency service. viii, Provide sampling, testing, results, and monitoring of any substances or parameters at any locations reasonably necessary to assure compliance with the Permit conditions or DEP rules. ix. Protect the County from any condition which may result in non- compliance with DEP rules, Florida Statutes, or county or local regulations to the best extent possible. Inform the County immediately and in writing at once upon recognition of a potential problem. X Maintain a copy of the current Operating Permit on site. xi. Maintain monitoring and record keeping as required by the Permit conditions, DEP rules, county and local regulations. B. REPAIRS The Contractor shall make all repairs as necessary to assure that the facility is operating efficiently, reliably, and in accordance with all requirements of the DEP and the DEP Operating Permit. When the Contractor deems a repair to be necessary, and over $500.00, the Contractor shall prepare a detailed cost estimate based on the fee schedule rates stipulated in the contract for labor, actual cost of parts needed to make the repairs, plus the handling charge as indicated in the contract, and present it to the County for approval. The Contractor shall initiate the approved repairs within 48 hours of said approval. Upon completion of the repairs, the Contractor shall document the work performed as is required by the DEP Operating Permit and other on-site service logs. In any month in which the total for Repairs (as defined above) does not exceed $500.00, the Contractor will not invoice said amount to County and the Contractor will be responsible for said amount. In any month in which Repairs(as defined above) exceed $500.00, the Contractor will invoice and the County will pay the full amount stated on the invoice. C. EMERGENCY SERVICE The County shall contact the Contractor immediately when an emergency call is needed, The Contractor shall also notify the County immediately in the event of a facility emergency. The Contractor and the County shall make entries into a log, which shall include; the date and time the problem was discovered, a description of the problem, the date and time the ............ Agreement 3 January 2011 contractor was notified, the date and time the contractor arrived at the facility, the date and time the Contractor departed, and a summary of the steps taken to rectify the problem. The Contractor shall respond to all emergency calls which occur during normal working hours and holidays and weekends within three hours of notification by the County (see Section 2.E. EXCEPTIONS). The Contractor and the County shall simultaneously log the time the County contacted the contractor for an emergency service documentation of the above time requirements. The Contractor shall invoice the County for after-hour, weekend and holiday emergencies based on the applicable hourly rate indicated in the contract, the actual costs of any parts used to rectify the problem, plus the applicable percentage as stipulated in the contract. D. ADDITIONAL SERVICES When requested by the County, the Contractor shall advise and recommend, in writing to the County, any needed improvements, and shall invoice the County at the fee schedule rates for labor as specified in the contract. E. EXCEPTIONS All of the above described tasks or requirements shall be considered routine duties of the contractor except: i. Repairs which are over the $500.00 limit, as defined in Section 2.13. 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$2 5,000 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 $1.202.16 per month (as outlined in the contract specifications) $t 4,.42 5.88 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 $�65.00 per hour 3) Emergency service call. Overtime rate for hours other than normal hours as stated above, including weekends and holidays. $'78.00 per hour 4) Handling fee for parts required for operation, maintenance, Agreement 4 January 2011 Repairs and emergency services. Cost+ 15 % 5) Sludge removal(beyond four per year required as Regular maintenance) Cost+ Is % Note. There are no additional costs for travel, orileage, meals, or lodging. The Contractor's request for payment must itemize each of the costs stated above. 4. 'PAYMENTS TO CONTRACTOR a. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. b. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of invoice by CONTRACTOR. C. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. d. In any month in which a repair invoice total (as defined above) does not exceed $500.00, the Contractor will not invoice said amount to County and the County will not be responsible for said amount. In any month in which a repair invoice (as defined above) exceeds $500.00, the Contractor will invoice and the County, after review of said invoice, will pay the full amount on the invoice." 5. TERM OF AGREEMENT This Agreement shall commence on June 1, 2011, and ends upon May 31, 2012, unless terminated earlier under paragraph 19 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two (2) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term, Unless the context clearly indicates otherwise, references to the "term"of this Agreement shall mean the initial term of one 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 Consumer—,as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year.. 6. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. 7. FINANCIAL RECORDS Of CONTRACTOR Agreement 5 January 2011 CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied, Each party to this Agrecrnent or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Cl�erk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by, this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 8, PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 9. HOLD HARMLESS AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewherr, 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 maybe 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) CONTRACTOWs 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, Jitigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement, Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement, Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE; Where applicable, worker's compensation coverage to apply for all employees at a minimum statutory limit as required by Florida Law, and Employee's Liability coverage in the amount of Agreement January✓2011 $100.00000 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 S100,000,00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $100.000.00 per person, $300,000.0Q per occurrence, and $5000.0.00 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 under-writer 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 ONA LL POLICIES EXCEPT WORKER'S COMPENSATION, 10. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. I I. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of COUNTY Commissioners of Monroe County. 12. NONDISCRIMINATION CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply Agreement 7 Januarys 2011 with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title V1 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 1695- 1686), which prohibits discrimination on the basis of sex; 3) Section 504• of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527(42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of,this Agreement. 13. ASSIGN MENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board, 14. COMPLIANCE WITH LAW AND LICENSE REOUMMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordirutrices, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 15. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112,311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized Agreement 8 January 2011 compensation; misuse of public position,conflicting employment or contractual relationship; and disclosure or use of certain information. COUNTY and CONTRACTOR wan-ant 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, commissior4, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift,or consideration. 16. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 17. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: FOR CONTRACTOR: Monroe County U. S. Waters Services Corporation Facilities Maintenance Department 4939 Cross Bayou Boulevard 3583 South Roosevelt Boulevard New Port Richey, FL 34652 Key West, FL. 33040 Toll Free Phone: 866453-9522 and Monroe County Attorney Post Offlice Box 1026 Key West, FL 33041-1026 IS. ITAKES 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 obligadons under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement, 19. TERMINATION A. The COUNTY may terminate this Agreement with or without cause prior to the commencement of work. ........... Agreement 9 January 2011 13, The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. C. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so with neither party having any further obligation under the term s of the contract upon termination. 20. GOVERNING LAW, VENUE, INTERPRETATION.COSTS.AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 21. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 22. SEVER"ILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 23. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and Agreement 10 January 2011 confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 25. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 26. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors,and assigns. 27. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 28. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 29. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the 11 January 2011 constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements Or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. 'ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 33. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the executiori of this Agreement. 34. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of COUNTY and CONTRACTOR hereto may execute this Agreement by singing any such counterpart. 35. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 36. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Cor CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Agreement 12 January 2011 37. MUTUAL REVIE This agreement has been carefully reviewed by Contractor and the County therefore, this agreement is not to be construed against either party on the basis of authorship 38, INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 39., AN—NUAt APE8_0MATION 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 en(o h e day and date first writtcn above in four(4)counterparts, each of which shall, Q accounting for the other counterparts, be deemed an original contract. K BOARD OF COUNTY COMMISSIONERS L. K LHAGE,CLERK OF MONROE CO14—Y,F IDA By: -'6;;pu—ty Clerk yof M/ Data: . Date: Witnesses for CONTRACTOR! WATER SERVICES CORPORATION A A le-11 Signature of person aultho rized to c Mor-,-, r'?� /" ( - -✓-- V legally bind Corporation Date! ^M4-o- 4-7 kih 712- 0 \JT. Date Print Name Address: 415) CLIS�'- -tea ?,SLj 6 , > z 10 LEE—t4 C)I Telephone Nurnbq_�121 Date M: E UNTY RN ISO D AST TA,NT ATTORNEY a" Date—. 15 Agreement 13 January 2011 f I EXHISIT"A" c'1,, Florida Department of 641 C r1•r (gin V(•r r+ut Environmental Protection 1�I'thbirik:u„P I r rimvrl l South District P.O.Sox 2$49 �Ir�lrrct y1 tistilr Fort Myers,Florida 33902-2549t.ca�tur In the Matter of a Statute regarding Permits for Wastewater Activities in I Monroe County. [YUR �UL T2 Z010 This revision applies only those systems which have a valid permit on June 30. 2010,and ate located in areas to be connected to central facilities. Monroe County Board of County Commissioners Monroe Cow -DW John King Senior director of Lower Keys Operations Ranh Building W WTP 5100 College Rd PA File No.FLA014904-005-DWFIMM Key West FL 3 3 040-4 3 1 9 Keys Basin NOTICE OF PERMIT REVISION This letter is in response to the recent passage of Chapter 403,086(10), Florida Statutes.The Statute requires a revi9ion to the above referenced permit.This revision is issued under Section 403.097 of the Florida Statutes, as follows: The expiratlos date of this permit is Daeetnber 31,2015. Permit Condition I.A.2.is revised to read the following: By January 1,2016,the facility either cease all discharges to the injection wells or meet effluent limits.on an annual basis,as follows: a. Carbonaceous biochemical oxygen demand(CBODy)of 10.0 mg1L: 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..1 me!L. [Chapter 403.OW/0). flarida Statutes] All other conditions of the permit shall r5ernain unchanged. This letter must he attached to the referenced permit and becomes a permanent part thereof. The Department's proposed agency action shall become final unless a timely petition for an administrative hearing is filed under Sections 120,569 and 120.57,Florida Statutes,within rowiecn days of receipt of notice. The procedures for petitioning for a hearing are set forth below. A person whose substantial interests are affected by the Department's proposed permitting decision may petition for an administrative proceeding(hearing)under Sections 120,569 and 120.57. Florida Statutes. The petition must contain the information set forth below and must be fled(received by the clerk)in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard.Mail Station 35,Tallahassee.Florida 32399-3000, Page I of 3 FACILITY: Roth Building W WTP PA File No.:FLA014994-W5 PERMITi'EE: Monroe County Under Rule 62-110.106(4),Florida Administrative Code,a person may request enlargement of the time for filing a petition for an administrative heart ng. The request must be filed(received by the clerk)In the Ofliice of General Counsel bcfbm the and of the time period for filing a petition for an administrative hearing. Petitions by the applicant or any of the persons listed below must be filed within founcen days of receipt of this written notice. Petitions tiled by any persons other than those entitled to written notice under Section 120.+60(3), Florida Statutes,must be filed within fourteen days of publication ofthe notice or within fourteen days ofmceipt of the written notice,whichever occurs first. Under Section 120.60(31 Florida Statutes,however,any person who has asked the Department for notice of agency action may file a petition within fourteen days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy ofthe 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 ofrreceipt of notice shall constitute a waiver of that perum's right to mquest an administrative determination(hearing)under Sections 120.369 and 120.57, Florida Statutes. Any subsequent imervention(in a proceeding initiated by another party)will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205,Florida Adminiatr:rtive Code. A petition that disputes the material facts on which the Nptutment's action is based must contain the following information: (a)The name,address,and telephone number of each petitioner,the name,address,and telephone number of the petitioner's represctitative,if say;the Departewnt permit identification number and the county in which the subject natter or activity is located; (b)A statement of hove and when each petitioner received notice of the Department action; (c)A statement of how each petitioaWs substantial interests are affected by the Department action; (d)A statement of all disputed issues of material W. If there am none,the petition must so indicate; (c)A statement of facts that the petitioner contends warrant reverent or modification of the Department action; (f)A concise statement of the ultimate facts alleged,as well as the rules and Statutes which eridtle the petitioner to relief;and (g)A stateuicnt of the relief sought by the petitioner,stating precisely the action that the petitioner wants the Department to take. Because the adminisb*ive heating process is designed to formulate final agency action,the filing of petition mearis that the Department"s final action may be different dram 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 became a lurrty to the pr+ceerlire,in accordance with the requirements set fnrth Wave, Mediation under Section 120.573.Florida Statutes,is not turnable for this proceeding. This permit action is final and effective on the date tiled with the clerk of the Deparunern unless a petition is filed in accordarim with the above. Upon the timely filing of a petition this permit will not be effective until further order of the Department. Any party to the permit has the right to seek judicial review of the permit action under Sectio rt 120.6%,Florida Statutes,by the filing of a notice ofappeal under Rules 9.110 and 9.190,Florida Rules of Appellate Procedure,with the clerk of the Department In the Office:ofGeneral Counsel,Mail Station 35,3900 Commonwealth ealth Boulevard. Tallahassee,Florida.,32349-3000;and by tiling a copy of the notice of appeal accompanied by the applicable filing fees with the appnM)riatc district court of appeal. The notice of appeal must be filed within 30 days from the date when this permit action Is filed with the clerk of the Depamnent. Page 2 of 3 u FACILITY: Rath Building WWTP PA File No.:FLA014994-005 PERMITTEE: Monroe County Executed in Fort Myers,Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION r 7j Jon X lglehart Director of District Management FILING AND ACKNOWLEDGMENT FILED,on this date,undo Section 120.52,Florida Statutm with the&signaled deputy clerk,receipt of which is hereby acknowledged. r�, ) [� CERTIFICATE OF SERVICE The undersigned hereby certifies that this NOTICE OF PERMIT REVISION and aU copies wet'e Mailed before the close of business on J ,2010,to the listed poraorts. ,IMI/WSJmac Copies rum isw to. Steven Johnson Page 3 of 3 " tMFL901R lorida Department of chGovernor PA Environmental Protection JeffKottkamp Lt.Governor South District Michael W.Sole P.O.;Box 2549 Secretary Fort Myers,Florida 33902-2549 STATE OF FLORIDA DOMESTIC WASTEWATER FACILITY PERMIT PERMWITE: PERMIT NUli BEP: FLA014994 PA FILE NUMBER: FLA014994-004-DW3P Monroe County Board of County Commissioners ISSUANCE DATE: October 20,2008 EXPIRATION DATE: June 30,2010 RESPONSIBLE AUTHORITY: Mr,Johan King Senior Director of Lower Keys Operations 3583 South Roosevelt Blvd. Key West,FL 33040 (305)292-4531 FACILITY: Roth Building'W tiV'TP 3583 South Roosevelt Blvd. Key West,FL 33040 Monroe County Latitude:24°58'51"N Longitude:81°33' 7"W This permit is issued under the provisions of Chapter 403,Florida Statutes(F.S,),and applicable rules of the Florida Administrative Code(F.A.C.). The above named permittee is hereby authorized to operate the facilities shown on the application and other docuzments attached hereto or on file with the Department and made a part hereof and specifically described as follows: TREATMENT FACILITIES: An existing,0.040 MGD monthly average daily flow(MADF)permitted capacity domestic wastewater treatment plant consisting of: eight 5000-,gallon aeration tanks;two 5,200-gallon final settling tanks;a 3,350-gallon chlorine contact tank;and a 5,000-gallon sludge digester. DISPOSAL: Underground Injection: Operate four(4),nominal six-inch(61),diameter,PVC casing,Class V,Group 3,underground injection wells(numbers 63022.010-UO,63022-011-UO,63022-012-UO and 63022-013-UO)as underground injection well systems U-001. System U-001 discharges into the Key Largo and Miami Oolito Forrntions for the primary means of disposal of non-hazardous secondary treated domestic wastewater treatment facility effluent from the WWTP to the existing injection wells 010,011,012 and 013. The maximum daily disposal is limited to 0,120 million gallons per day i(MOD). The maximum injection rate shall not exceed a peak houriy flaw rate of 83.3 gallons per minute. U-001 is located approximately at latitude 24'58'S 1"N,longitude 91'33'7"W. : IN ACCORDANCE'WITH:The limitations,nwnitoring requirements and other conditions set forth in Pages 1 through 18 of this Permit. Page I of 18 %CL w! 2c ro ca a o 24 12 99 -A I - to tv L9 i 2� 110 0 78 b6 bb.8 Cie FACILITY: Roth Building vWWTP PERMITNUMBER: FLA014994 PERMITTEE. Monroe County Board of County Commnissionems PA FILE NUMBER: FLA014994-004-DW3P 3583 South Roosevelt Blvd. Key West FL 33040 3. Effluent samples&ball be taken at the monitoring site locations listed in Permit Condition I.A. L and es described below: Monitoring 1�canon Description of Monitoring Location Site Na mober EFA-01 Taken at discharge from chlorine contact tank and berore discharite to wells, 4. The arithmetic mean of the,monthly focal coliform values Collectod during am annual period shall not exceed 200 per 100 mL of effluent sample. The geometric moan of the ftal califorrn valves for a minimum of ltl SUMPICS ofeflluern earlin 110cAdd omn a separate day during a period of30 coosocutive days(m th ill not exceed 200 per 100 of saniple, No more than 10 paroont of the samples collected(the 90th percentile value)during a.period of 30 ooruteutinre days shall rmtreetd 400 fecall vollRntttm values pet 100 mL ofsamnple. Any one sample shall not exceed 800 fecal.colifnrrn values per 100 mL of sample.Note:'To report tbo 90th cematlle value,list the f :a1 0011f0cm values obtakexi during,time trtonth in ascanding order,Report the mmaluc of the sample that rormsponds to time 9"percentile multiplythe nwnber of sampies by 0.9). for example,for 30 samples,report the corresponding fecal colifonn munbor for the 37th,value of ascorlding order,[62-t10+0.4"40(4)1' ) 5. A minimum of 0.5 mg/L total residual chlorine most be maintained for a minimum contact time of 13 minutes based on peak hourly flow.j62-600.4'4Q'(4)(b)j 6. Grab samples shall be collected during periods of minimal treatment plant pollutant removal etFmciencles or maximurn organic loading in the reclaimed water or eD]uermt. [62-600.744(lXa)2] Page 3 of I8 A o © a w I p CL en tl g rL t a k _M � 2 •i."'S '{� �M 2. 1 9 og o e: - r IpI FACILITY. itoth Building WWTP PERMIT NUMHER. FLA014994 PER1MITTEE. Monroe County Hoard ofCowtty Commissioners PA FILE NUMBER: FLA014994-004-DW3P 3583 South Roosevelt Blvd. Key West,FL 33040 2. Samples shall betaken at the monitoring site locations listed in Permit Condition f. 3. 1 and as described below. Monitoring Locrtioa Descrlpttou of Monitoring Gncrition Site Number FLW-01 Elapsed time meters on influent lift station pumps. I CAL-ill Calculated from flow measurements. VV-COI Taken from influent line prior to aeration tank. 3. Influent saniplas shall be collected so that they do not contain digester supernatant or return activated sludge,or any other plant process recycled~raters.[62-60L500(4)] 4. Elapsed time meters shall be utilized to measure flow and calibrated at Feast awmally. [62-601.200(17)aend,300(6)] S. Parameters which must be monitored,as a result ofa surface water discharge shall be analyzed using a sufficiently itiva method to assure corVliarnca with applicable water quality statxlards and effluent limitations in acacardance,with I 40 CFR(Code of"Federal Regulations)Part 136. All monitoring shall be r+aprescntative of the monitated activity.[62. 620.320(6)] 6. The permitted shall provide safe access points for obtaining representative influent,reclaimed water,and effluent samples which are required by this permit.(62-60L300(3)J �II 7. Monitoringrequirements under this ermit are effective on the first 4 p day of time Second month fallowing permit issuance. q Until such tune,the POTmittto shall continue to monitor and repent in accordance with previously effective permit i req,nuimments,if Any, During the period of operation authorized by this permit,the permittee shall complete and submit to jthe De ant's South District Offloe Diwharge Monitoring Reports(DMRs)in accord with,the ftequencies, specified by the REPORT typo(i.e.,monthly,toxicity,quarterly,semiannual.annual„etc.)indicated on the DUR forms tl� attached to this permit. Monitoring results for each monitoring period shall be submitted in accordance with the d associated DMR due dates below. w REPORT Monitorin Period Due Date Monthly or First day of month—last day of 28 day of following month "Toxiciv month Quarterly January 1-March 31 April 28 April 1—June 30 July 28 July I —September 30 October 28 October 1 —December 31 Jan 28 Semiwmual January I —June 30 July 28 Jul 1 --December 31 January 28 Arnmual Jan 1 —December 31 Jsn 28 DMRs shall be submitted for each required monitoring period including months of no dischiirga. Thc permittee slmall', make copies of the attached DMR form(s)and shall submit the completed DMR form(3)to the Departments South District Office at the address specified In Permit Condition I.B.8 by the twenty-eighth(28th)of the month following,the month of'operatiom [62-620.610(18))[62-601.300(f), (2).and(3)1 Page 5 of 19 FACILITY: Roth Building VrWTP PERN41T NUMBER; FIA014994 PERWME.' Monroe County Board of County Conunissloners PA FILE NUMBER: FLA014994-004-DW3P 3583 South Roosevelt Blvd, Key West,FL 33040 8. Unless specified otherwise in this permit,all reports and other information required by this permit,including 24-hour notifications,shall be submitted to or reported to,as appropriate,the Departments South District OfEco at the address specified below; South District Branch Office Department ofErivirorimental Protection 27%Overseas Hwy.,Suite 221 Marathon,FL 33050 Phone Number—(305)2 89-23 10 FAX Number- (305)289-2314 All FAX copies shall be followed by original copies. All reports and other information shall be signed in accordance with the requirements ofRuie 62-620-305,F.A.C. 162-62a303j IL RESIDUALS MANAGEMENT REQUIREMENTS L The method of residuals use or disposal by this facility is transport to Monroe County sludge hVrisfor station to Miami/Dade County South District Regional WWTP or Miami/Dade Central WWTP,or disposal in a Class I or 11 solid waste landfill. 2. If the permittee washes to land apply residuals in the future,the permittee shall wake application to the Department for a Inloor revision to the permit In accordance with F.A.C.Rule 62-620325(2),before any land application. 3. The P&IMitt"shall be responsible for proper treatnuin;management,use,and land application or disposal of its residuals. [62440.300(5)] 4. The permittee shall not be hold responsible for wcatment,management,use,or land application violations dud occur after its residuals have beast accepted by a permitted residuals managment facility with which the soun:6 fhoUlty has an agreement in accordance with Rule,62-640.880(lXo),F.A-C.,for further trvstrnoni,management,use or terid application. [62-640.300(5)] 5. Disposal of'residuals,septage,and other solids in a solid waste landfill,or disposal by placement on land for purposes other than soil conditioning or fertilization.such as at a monofill,surface impoundmem waste pile,or dedicated site, shall be in accordance with Chapter 62-701,F.A.C. [62-640.1V0($)(k)3&41 6. If the permittee intends to accept residuals from other facilities,a permit revision is required pursuant to Rule 62. 640,890(2)(0),F.A.C.[62-640.880(2%d)] 7. The permittee shall keep hauling records to track the transport of residuals between facilities. The hauling words shall contain the following information: Source ResidIM111 MangggMSM Fagility or Treatinerit Facility 1. Dds and Time Shipped 1. Date and Tinat Received 2, Amount of Residuals Shipped 2. Amount of Residuals Received 3. Degree of Treatment(if applicable) 3. Name and ID Number of Source Facility 4. Name and ID Number of Residuats, 4. Signature of Hauler Ma Ment Facility or Treatment 5. Signature of Responsible Party at Residuals Facility Management Facility or Treatment Facility 5. Signature of'Responsible Party at Source Facility 6. Signature of Hauler and Nam of Hauling Firm Page 6 of 18 FACILITY: Roth Building WWTP PERMrC NUMBER: FLA014994 PERMITTEE: Monroe County Board of County Commissioners PA FILE MW[B lk: FLA014994.004-DW31? 3S83 South Roosevelt Blvd, Key West,FL 33040 These records shall be kept for five years and shall be made available for inspection upon request by the Department. A copy of the hauling records Information maintained by the source facility shall be provided upon delivery of the residuals to the residuals management facility or treatment facility. The permittee shall report to the Department within 24 hours of discovery any discrepancy in the quantity ofmiduals leaving the source facility and arriving at the residuals management facility or treatment facility. [62-640 880(4)) S. Storage of residuals or other solids at the permitted facility shall require prior written notification to the Department. [62-640.300(4)] IIL GROUNDWATER REQUIREMENTS Construction Requirements Section Construction Requirements is not applicable to this facility. Operational Requirements Section Operational Requirements is not applicable to this facility, 1V. ADDITiONA.L REUSE AND LAND APPLICATION REQUIREMENTS Section TV is not applicable to this facility, V. OPERATION AND MAINTENANCE REQUIREMENTS I.. During the period of operation authorized by this permit,the wastewater facilities shall be operated under the supervision ofa(n)operators)certified in accordance with Chapter 62-602.F.A.C. .In accordance with Chapter 62.699,F.A.C.,this facility is a Category 111,Class C facility and,at a minimum,operators with appropriate certification must be on the site as follows: A Class C or higher operator A hour/day for 5 days/week and one weekend visit, The lead operator must be a Class C operator;or higher. [62-620.630(3)](62-6999.310][62-610.462] 2. An operator meeting the lead operator classification level of the plant shall be available daring all periods of plant a operation. "Available"means able to be contacted as needed to initiate the appropriate action in a limely manner. [62- 699.311(f)] i 3. The application to renew this permit shall include an updated capacity analysis report prepared in accordance with Rule 62-600.405,F.A.C. [62-600.d0S(5)] 4. The application to renew this permit shall include a detailed operation and maintenance performance report prepared in accordance with Rule 62-600.735,F.A.C. [62-600.735(1)] 5. The permittee shall maintain the following records and snake theca available for inspection at the,plant operator's office at 5198 Overseas Hwy.,Marathon,Monroe County: a„ Records of all cornpli'a=monitoring information,including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation and a copy of the laboratory certification showing the certification number of the laboratory,for at least three years from the date the sample or measurement was taken, Page 7 of 19 FACII.ITY: Roth Building WWTP PEltititl'I7`lrlr: Monroe County Board of County Commissioners PANE NumBER: FLAQ14"4-M-DW3'P 3383 South Roosevelt Blvd, Key West.FL 33040 b. Copies ofall reports required by the permit for at least three yearn front the date the report was prepared; c. Records ofall data,including reports and documents.used to complete the applic Ion for the perm it for at least years Ys from the date the application was filed; d. MOuitoring information,including a copy of the laboratory certification.showingthe laboratory certification number, related to the residuals use OW,disposal acavitieg for the time period W forth is Chapter 62-640,F.A.C.,for at least thfft Yews&dm the slate of s ling or un ent; e. A copy of the current permit; . f. A cltpy of the cunwi operation and maintenance manual as required by Chapter 62-600.P.A.C.; Z. A copy Of the flici'lity record drawings, y h. Copies of the licenses of the current certified operators;and tl L Copies ofthe logs and schodules showino plant OPerations and equipments m8i"t0ft"1001 for ofthe logs or schedules, logs shall:,at a minion three y frown the dais S �include ilfwcation of the plarwt;the signature and certification nuns of the open%ta s)and the signature of Ithe n(s)taa9cing y eairics;dam and time in and out;apeeific operation and rnaintavinca activillea;tests performed and samples taken;And InaJo;r MpAinims&The logs shall bel maintained on-site in a location acemible to 24-hourinsspection,p d from weadier a 1le and Current to the last o tion and Maintenance performed [62-620.350] I VL SCHEDULES C 1. In accordance with the project engiacw,s Itme 20,2008 letter to the departivient,and his August 13,2008 letter to the department,the following improvement actions shall be completed awarding,to the following schedule: Improvement Action Completion deuce 1 The permittee shall snake available at the site an operation Within 30 days ofpermit issuance. Bt maintenance Man for this wastwwwatrsr lofts. 2 The, itteut 1 en additional waste activated Within 90 days ofperrnit iuuanos„ sl�wd Iln�tr o" frratru flee fituual saiillrw ie the di cr: [62-600.73'S(l)] VII. INDUSTRIAL PRETREATMENT PROGRAM REQUIRLMEN}TS This faeillty is not required to have a pretreatment program at this time. [62-625.SOO) VIIL OTHER SPECIFIC CONDITIONS I. The pormidec:shall apply for renewal of this p0mut at i t 180 days before the expirstion dale ofthe permit using the. appropriate forim listed in Rule+62-620.910, F.A. ,,including,subrnitW ofthe appropriate processing fee set forth in Rule 624,050,FAX. The existing psrptLit s11011 not expire until the Depawtnnent has taken final action oa the appli Lion renewal in accordance with the purovisiorus of 62-620.33 (3)and(4),F.A.C. [6Z-62Q„2,35o)_(4).1 2. Florida water quality criteria and standards shall not be violated as a result of any discharge,or land application of reclaimed water or residuals from this facility. Page 8 of Is FACILITY: Roth Building wWTP PERMIT NUb4BER: FLA014994 PERMITTEE: Monroe County Board of County Commissioners PA FILE NUM13ER: FLA614994-404-DW3P 3583 South Roosevelt Blvd. Keay"VWest,FL 33040 3. In the event that the treatinent facilities or equipment no loatger function as intonded,am no longer safco in rem fp blic ou h� and safes+,or ,noise,a l drill, lighter ud+�ly ate""neighboring developed as the levels Prohibited by)rule 62-600.400(2)(a),F.A.C., ooV"'tictive WiOn(which may include additional tnairttenance or moddificadons ofthe painitted facilities)smell bal taken by the peraiitteee, w h,18 action may be req,uittdenst tare compliances with rules ofthe Deparumnt. Additionally,the treastntent,m8olpraeftI4 use or land application,of residuals shall not cause a violation of the odor prohl'bition in Rule 62.296,320(2),F pt,C. [62M60 4,)#w,y 'an62- d4O.4dO(a'iyj C The deliberate introduction of stormwater in any=wum into oolleotiory rraission3ystom designed solely for the introduction(and conveyances)of domestWindustrial° swage;or the daliberaw iftoduchon of storm ter into COUcclJOWWRIprohibited, s 'ion etrrsi designed uttta wth*introduction or cony of combinations . f storm i dom cti� y u� efioi of llu removal "the�l ent plant is ex as Provided)by Rule 62.610.472,F"A,C [62 4O 130(3)] 5, Collectianitreusnries on system overflows shal'I be reported to the Deparmment in accordance with Permit Condition IX. 20. [62-604..f50J j62-620.s610(20)j 6• The opaliting autbothy ore ooli�tiot trans ntissaon systems and the perrnittee ofs treatment plant am prohibited from WXWing 00,1111601M of wastewater disic,haps which have not received necessary pretreatment or which contain materials or pollutants(other than nonnail dameatic wastewater°comtituenis); a. tNhich may cause fire or explosion hazx s;or b. Which may cause excessive corrosion or other deterioration of wastewater facilities due to chemical action or pH levels;or c. Which are solid or viscous and obstruct flow or otherwise interfere with wastewater facility operations or treatment; or d. Which result in the wastewater temperature at the introduction of the treatment plant exceeding 40°C or otherwise inhibiting treatment;or e. which result in the preserica oftoxic gases,vapors,or fumes that may cause worker health or safety problems. [62-604,13O(5)] 7. The treatment facility.storage ponds,rapid infiltration basins,and/or infiltration trenches shall k enclosed with a fence or otherwise provided with features to 6 discourage the entry of animals and unauthorized persons. j62-600.400(7)0)J- 8. Screenings and grit removed from the wastewater facilities shall be collected in suitable cont>oirters and hauled to a Department approved Cheri I landfill or to a landfill approved by the Department for receipt/disposal of screenings and grit. [62-701.300(1)(a)j 9. The Permittm shall provide verbal notice to the Department as soon as practical after discovery of a sinkhole within an area for the management or application of wastewater,wastewater residuals(sludges).or reclaimed water. The Permittee shall irrunediarely implement meaatuw appropriate to control the entry of contaminants and shall detail these measures to the Department in a written report within 7 days of the sinkhole discovery. [62-4.O70(3)j 10. The permittee shall provide adequate notice to the Department of the following: a Any new introduction Ofpoil'ut tits into the facility from an industrial discharger which would be subject to Chapter 403,F.S.,and the requirements of Chapter 62-620,F.A.C.if it were directly dischurging those pollutants;and Page 9 of 18 FACILITY: Roth Building WWTP PERMIT NUMBER- FLA014994 PERMTTEE. Monroe County Board of County Commissionm PA FILE NUMBER: FLA014994-004-DW3P 3593 South Roosevelt Blvd. Key West,FL 33040 b. Any substantial change in the volume or character of pollutants being introduced into that facility by a source which was identified in the permit application and known to be discharging at the time the permit was issued. Adequate notice shall include information on the quality and quantity of effluent introduced into the ficility and any anticipated impact of the change on the quantity or quality of effluent or reclaimed wager to be discharged from the facility. (62-620.625(2)1 IX. GENERAL CONDUIONS I. The terms,conditions,requirements,limitations and restrictions set forth in this permit am binding and enforceable pursuant to Chapter 403.Florida Statutes. Any permit noncompliance constitutes a violittion,of Chapter 403,Florida Statutes,and is grounds for enforcement action,permit termination,permit revocation and reissuance,or permit revision. [62-620110(1)] 2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized daviatiom from the approved drawings,exhibits,specifications or conditions of this permit constitutes grounds for,revocation and enforcement action by the Department. [62-620.610(2)] 3. As provided in subsection 403.097(7),F.S.,the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize,any injury to public or private property or any invasion of personal rights,nor authorize any infringement of federal,state,or local laws or regulations. This permit is not a waiver of or approval of any other Department permit or A00%mization that may be required for other uspects of the total prajw which are not addressed in this permit. [62-620.610(3)] 4, This permit conveys no title to land or water,does not constitute moo recognition or acknowledgment of title,and does not constitute authority for the use of submerged lands unless heroin provided and the necesmiry title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trot Fund may express State opinion as to title. [62-62&610(4)] S. This permit does not relieve the parmittee from liability and penalties for harm or injury to human health or welfare, animal or plant life,or property caused by the construction or operation of this permitted source;nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Departuma rules,inks specifically authorized by an order from the Department. The permittee"I take all reasonable steps to minimize or prevent any discharge,rouso of reclaimed water,or residuals use or disposal in violation of this permit which has a reasonable likeiihood of adversely affecting human heaith or the environment It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. [62-620.610(5)] 6. If the permittee wishes to continue an activity regulated by this permit alter its expiration date,the pormitwe shall apply for and obtain a new permit, [62-620.610(6)] 7. The permittee shall at all times properly operate and maintain the facility and ayftms of treatment and control,and related appurtenances,that are installed and used by the permittee to achieve compliance with the conditions of this permit. This provision includes the operation of backup or auxiliary facilities or similar system when necessary to maintain or achieve compliance with the conditions of the permit [62-620,610(7)] S. This permit may be modified,revoked and reissued,or terminated for cause. The filing of a request by the permittee for a permit revision,revocation and raissuance,or torminadon,or a notification of planned changes or anticipated noncompliance does not stay any permit condition, [62-620.610(g)] 9. The permittee,by accepting this permit,specifically Wets to allow authorized Department personnel,including an authorized rqueswtative of the Deparhmat and authorized EPA personnel,when applicablo,upon presentation of credentials or other documents as may be required by law,and at reasonable times,depending upon the nature ofthe concern being investigated.to; Page 10 of 19 FACILITY: Roth Building WWTp PE MIT NUMBER: PLA014994 PERWTTEE: Monroe county Board Of County Commissioners PA FILE NUMBER: FLA014994-404-DW3p 3593 South Roosevelt Blvd, Key Wcst,FL 33040 a. Enter upon the permittee's premises where a regulated facility,system,or activity is kx4M groonducted ere records shall be kept under the conditions of this permit; ,or wh ll-, Have access to and copy any records that shall be kept under the conditions of this permit; c- IffiPect the facilities,equipment;practices,or operations regulated or required under this permit;and d. Sample Or monitor any substances or parameters at any location necessary to assure compliance with this perntit or Department rules. 1-62-620.610(9)] 10. In"ring this permil,th t pemittoo undentsinds gad Ngfc"that all recotsis,notes,monitoring data,and other in(Offf"err 1,6110arg to dw construs;tioll Or cflt"bc)ll of this Permitted soursm which am, submitted to the otpalmnev,may be used by the Department as evidence ire any ertl4 Warr cnit 0034 11"1018 the permitted sotirce arising under the Florida Stfttes or Department rulasexcopf as such use is P10SCribod bYS40flon 493,11 L Florida Statuta,or Rule 62-620302, Florida Administrative Code. Sochi evidence,shall only be used to die extent that It is Consistent with rho Florida Rules of Civil Procedure and applicabloavidentiary rules., 162-620110(10)) M When requostod by the Depanment,"perminueshall within A femothlo thue provide any infOrmation required by law which is needed to determine whether there,is cause for revising.revoking and reissuing,Of Mott surnMing 0119 permit,or to d4ftymitill 00111111180100 with the permit. The pormitteel sitall also provide to$be Department upon request copies of records required by this permit to be kept if the permittee becomes aware afrotoviinj fiKU that wa not subtriffed of were incorrect in the permit application Or in any report to the Departmen4 such facts or information shall be promptly submitted or ions PromvilkY reported to tide,Departmeot. [62-620.610(11)] 12. Unless specifically sated otherwise in Department rules,the permiftec,in accepting this passilf,agreas to comply with changes in Department rules and Florida Statutes after'st reasonable time for"Jisnov;provided,however,the, pormince dm slot waive any other rights granted by, Florida Statutes or Depautirlent rules, A reaso"t time for compliance with a now or amended surtiscewalor quality, standard,odsot than those stasidards addressed in Rule 62- 302,5ft PA.C,shall include a reasonable time toobtain or be denied 4 mixing zone for the now or amended standard. [62-620.610(12)) 13. The permittee,in accepting this permit.agrees to pay the applicable regulatory pros=and surveillance fee in accordance with Rule 62-4.052,F.A.C. [62-620.610(13)] 14, This permit is transferable only upon Depatment approval in acpordance with Rule 62-620.340,F.A.C. The parmfttee shall be liable for any noncomplionecof the permitted activity until e transfer i ved by Department [62- 620.610(14)] 01 tMn er S OPPro the, artmant. 15. The pormittee shall give the Department written notice at[east 60 days before inactivation or abandonment of a wastewater facility end shall specify what steps will be taken to safeguard public health and safety during and following inactivation or abandonment. [62-620.610(15)] 16. The permittee shelf apply for a revision to the Depiarlment permit in A=tdMCC with Rules 62-620,300 and the Department of Environmental Protection Guide to Wastewater Permitting at least 90 days betbre construction of any PlanywA substantial modifications to the permitted ftaility is to commence or with Rule 62-620325(2)for minor modifications to the permitted facility, A revised!permit shall be obtained before construction begins except as provided in Rulc62-6,20.300JAZ. [62-6M610(M)] 17. The pormittee shall give advance notice to the 0011111131w"t Of any 13141med Changes,in the permit facility or activity which may result in siollicompliaricc with pennit requirements, The permitioss sliell be responsible for any and all damages which may Mott frous die changes and may be subject to enforcement Wion by the Departratint for porialliel.or tUotation of this perfirit, The notice shall moludo the following,inforynetion. s. A description of the anticipated noncompliance; Page 1 I of 18 FACILITY: Roth Building WWTP PERMIT NUMBER: FIA014994 PERMrME. Monroe County Board of County Commissioners PA FILE'NUMBER. FLA014,994-004-DW3P 3383 South Roosevelt Blvd. Key West,FL 33040 b. The perriod of the anticipated noncompliance,including dates and times;and c. Steps being taken to prevent fiftre occuyn=e of the noncompliance. [62-620.610(17).7 19, Sampling and monitoring 4ata shall be collected and analyzed in accordance with Rule 624.246,Chapters 62.160 and 62-60 1,F.A.C.,and 40 CFR 136,as appropriate. a. 'Monitoring results shall be reported at the intervals specified elsewhere in this permit and shall be reported on a Discitarge Monitoring Report(I)MR),DEP Form 62-620.9t0(I0),or as specified elsevitiere in the p"it, b. If the pormmos monitors any contammant more frequently than required by the permit,using Depaitnent approved test procedures,the results of this monitoring shall be included in dw calculation and reporting of the data submitted In the DNM c, Calculations for all limitations which require averaging of measairdnIfifits shall use an arithmetic mean unless otherwise specified in this permit. d. Except as specifically provided in Rule 62-160.300,F.A.C.,any laboratory uist required by this permit shall be performed by a laboratory that has been certified by the Depammont,of Health Environmer4al Laboratory Certification Program(DOH ELCP). such certification shall be for the matrix,test method and analyt*)being measured to comply with this permit For domestic wastewater facilities,toning for pamriews listed in Rule 62- 160.300(4),FIAC.,shall be conducted under the direction of a certified operator. e. Field activities including on tests and sample oolWAon&MI1 follow the applicable standard operating procedures dewribod In DEP-SOP-00 1/0 1.adopted by reference in Chapter 62-160,F.A.C. f Alternate field procedures and laboratory methods may be used where they have been approved in accordance with Rules 62.160,220 and 62-160.330,F.A.C. [62-620.610(18)] 19, Reports of compliance or noncompliance with,or any progress reports on,interim and final requirements contained in any compliance schedule detailed elsewhere in this permit shall be submitted no later d= 14 days following each schedule date. [62-620.610(19)] 20. The portnittee shall report to the Department any noncompliance which may endangtt health or the environment. Any information shall be provided orally within 24 hours ftom.the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the perrDittee bec4mes aware of the circ.urnstances. The written submission shall contain; a des on of the noncompliance and its cause;the period of noncompliance including exact dates and time,and if the noncompliance has not boon corrected,the anticipated time it it expected to continue;'and steps taken or plarmod to reduce,eliminate,and prevent recurrence of the noncompliance. A. The fallowing shall be included as information which must be reported within 24 hours under this condition: 1. Any unanticipated bypass which causes any reclaimed water or effluent to exceed any permit limitation or results In an unpermitted discharge, 2. Any upset which causes any reclaimed water or The effluent to exceed any limitation in the permit, 1 Violation of a maximum daily discharge limitation for any of the pollutants specifically listed in the permit for such notice,and 4. Any unauthorized discharge to surface or ground waters. Page 12 of 18 FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994 PERMITTEE: Monroe County Board of County Commissioners PA Fll.f?NUMBER: ]F1..A014994-064-D'W3P 3383 South Roosevelt Blvd, Key West,FL 3300 b. Oral reports as required by this subsection dtall be provided as follows: 1. For unauthorized releases or spills of treated or untreated wastewater reported pursuant to subparagraph a.4 that are in excess of 1,000 gallons per incident,or where information indicates that public health or the environment will be endangered,oral reports shall be provided to the Department by calling the STATE WARNING POINT TOLL FREE.NUMBER(800)320-05 19,as soon as practical,but no later than 24 lours from the time the permittee becomes aware of the discharge.The permittee,to the extent.known,steal➢provide the following information to the$tote Warni ng point.P , a) Name,address,and telephone number of person reporting; b) Name,address,and telephone number ofpermittee or responsible person for the discharge; c) Date and time of the discharge and status of discharge(ongoing or teased); d) Characteristics of the wastewater spilled or released(untreated or treated,industrial or domestic Wastewater); e) Estimated amount of the discharge, f) Location or address of the discharge; g) Source and cause of the discharge; h) whether the discharge,wn contained on-site,and Cleanup actions taken to date; i) Description of area affected by the discharge,including name of water body affected,if any;and j) Other persons or agencies contacted. 2. Oral reports,not otherwise required to be.provided pursuant to subparagraph b.I above,shall be provided to the Department within 24 boors from the time the pormittee becomes aware of the clromostamces. c. If the oral report has been rived within 24 hours,the noncompliance has been corrected,and the noncompliance did not endanger health or the environment,the Department shall waive the written report. [62-620 610(20)] 21. The permittee shall report all inmanoes of noncompliance not reported under Permit Conditions IX.17., 18.and 19.of this,permit at the time monitoring reports are submitted. This report shall contain tfre same inforrr>ation required by Permit Coudhion IX 0 f.2 o dhis Iperrnrt. [62-620.610(21) 22. Bypass Provisions. a. Bypass is prohibited,and the Department may take enforcement action against a permitted;for bypass,unless the perxminee affirmatively demonstrates that: 1. Bypass was unavoidable to prevent loss of life,personal injury,or severe property damage;and 2. There were no feasible alternatives to the bypass,such as the use of auxiliary treatment facilities,retention of untreated wastes,or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and 3, The permittee submitted notices as required under Permit Condition JX 22,b.of this permit. b. If the permittea knows in advance of the need for a bypass,it shall submit prior notice to the Department,if possible at Beast 10 days before the date of the bypass. The perrnittee shall submit notice of an unanticipated bypass within 24 hours of leaming about the bypass as required in Permit Condition IX.20. of this permit. A notice shall include a Page 13 of 18 FACILITY: Roth Building WWTP PERMIT NUMBER, FI A014994 PERMITT'EE. Monroe County Board of County Commissioners PA FILE NUMBER. FLA014994-004-DW3P 3583 South Roosevelt Blvd. Key West,FL 33040 description of the bypass ad its cause;the period of the bypass,including exact dates and tunes;ifthc bypass has not been corrected.the anticipated dine it is expected to continue;and the steps token or planned to reduce, eliminate,and prevent recurrence of the bypass. c. 7$*department shall approve an amicipated bypass,afLor considering its adverse effect,if the permitter demonstrates that it will meet the three conditions listed in Permit Conditioa IX.22.a. I-through 3.of this permit. d. A permittee may allow any bypass to occur which does not cause reclaimed water or effluent lirnitadoes to be exceeded if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of hermit Condition IX.22.a.through c.of this permit. [62-620.610(22)] 23. Upset Provisions a. A permittee who wishes to establish the affirmative defense of upset shall domoastrata,through properly signed contemporaneous operating logs,or other relevant evidence that. l. An upset occurred and that the permitte+e can identify the cause(s)of the upset; 2. 71epermitted facility was at the time being properly operated; 3. Ile permittee submitted notice of the upset as squired in Permit Condition TX.20.of this permit;and 4. The permittee complied with any remedial measures required tattler Permit Condition IX 5.afthis permit. b. In any enforcement proceeding,the burden of proof for establishing the occurrence of an upset rests with the perm ittee. c. Before an enforcement proceeding Is ncstituted,no representation made during the Department review of a claim that noncompliance was caused by an upset is t-uael agency action subject to judicial review. [62-620.610(23)] X. INJECTION WELLS: I, CQ,,NI?RAL_CRrITRiA a. The permittee shall be aware of and operate under the General Conditions of Florida Administrative Code,(FA-C.), Rule 62-528.307(1),(a)through(x),and 62-52&307(3Xa)through(e). These General Conditions am binding upon the parm iftee and enforceable pursuant to Chapter 403 of the Florida Statutes. b. Any permit noncompliance constitutes a violation of the Safe Drinking Water Act and is grounds fur enforcement action,;for permit termination,revocation and reissuance,or modification;or for denial of a.permit renewal application. c. It shall not be a defense for a peratkw in an enforcernent action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit d. The pemtittee shall take all reasonable steps to minimize or oorred any adverse impacts on the environment resulting from noncompliance with this permit. e. Proper operation and maintenance includes effoctive performance,adequate Handing,adequate operator stalling and training,and adequate laboratory and process controls,including appropriate quality assurance procedures. Page 14 of 18 "r FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994 PERMITTEE: Monroe County Board of county Commissioners PA FILE NUMBER. FLA014994-DO4-DW3P 3583 South Roosevelt Blvd. Key West,FL 33040 f This permit may be modified,revoked and reissued,or terminated for cause. The filing of a request by the permittee for a permit modiflcation,revocation or rebsuance,or termillation,or a notification of planned changes Or anticipaud noncomplian",does not Stay any permit condition, & When roquestod by the Depamft,11t,the permittvo Shall firrilish,within the time specified,any information needed to determine whether can exists for modifying,revoking and reissuing,or terminating this permit,or to determine compliance,with this it, h. Signatories and Certification kaquirements (1)All reports and other submittals required to comply with this perenit shall be signed by a person authorized under Rules 62-528.340(l)or(2),F.A.C. (2)In accordance will).Rule 62-528.340(4),F-A.C.,all reports shall contain the following Certification: 'I certify under penalty of law that this document and all artachments were propmed Under my direction or supervision in accordanice with a system dosigmd to assure 6al qualified penotincil property P*Cr and' tvIIJUSTO the information submitted. Basedupou my inquiry of the person or persorts who manage Ito,stem, or Those persons directly responsiblo for gathering the informWou,tires information submitted is,to the best of my knowledge,and bellef, trim, accurate mid complete. I am aware that there are signifirAint penalties for submitting false information, including the possibility of fine and imptisormant for knowing violations." i. The permittee Shall notify the Department and obitain approval prior to any work within the well,physical alterations or additions to the injection or monitor well,including removal of the wellhead.(includes well clean out or other well rehabilitation type work) j The pormittoo-shal I give advance notice to the Department ofany planned climSes,in the permitted faculty or injection activity that may result in noncompliance with permit requirements, (1) no permittee shall report any noncompliance that may endanger health or the crivironment to include: (2) Any thonitoring,or odwr information which indicates that any contaminant may cause an endangerment to an underground,source of drinking water;or to adjacent surface waters,or (3) Any noncompliance with a permit condition or malfunction of the injection system that may cause fluid migration into or between underground sources of drinking water or adjacent surface waters. k. Any information shalt be provided orally within 24 hours from the time the peTmittce becomes aware of the circumstances. A written subs-duion shall also be provided within 5 days of the time the permittee'becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause,the period of noncompliance,including exact dates and times,and if the nonoompliaoce has not heft corrected,the anticipated time it is expected to continue,and the steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance. 1. No underground injection is allowed that causes or allows moveincrit of fluid into an underground source of drinking water or adjacent surface waters. m. The permittee shall retain all records of all monitoring information concerning the nature and,composition of injected fluid until five years after completion of any plugging and abandonment procedwr*specified under Rule 62-528.435,17A.C. The permittee,$ban deliver the records to the Dopartmeot office that issued the permit at the conclusion of the retention period unless the permittcc elects to continue retention of the recorda, Page 15 of Is FACILITY; Roth Building W'VVT"P PERMIT NUMBER; FLA014994 PERMITI'EE: Monroe(County Board of County Commissioners PA FILE NJJh4B1~R: FLAG 14994-004-DDW3P 3583 South Roosevelt Blvd Key West,FL 33040 2. OPERATING RISat_rtrtga wls a injection of any fluids or materials,other than those permitted,into the disposalwells(s)will cons use a violation of this permit and shall constitute cause for permit revocation and possible enforcement"on for water quality violations. b. Injection into the well shall not exceed a peak hourly flow rate of 93.3 gallons per minute(0.12o Moo Peak Day Flow). Flow to the wellhead shall be measured with a properly calibrated flow meter(s)or such other devices as provided for in this facility's wastewater treatment permit. c. In the event doe pvrmi is toutporarity unable to empty with any of the conditions of a permit due to breakdown Of equipment,,power outages,destruction by ha.hamd of dire,wind,or by other cause,the permitteo of the facility shall notify the Nparnncnt. d. Notification shall be made in person,by telephone,or by electronic mail within 24 fours of breakdown or malfunction to the South District office. e. A written report of any noncompliance referenced in Operating Requirements condition 2.a,above shall be submitted to the South District and Tallahass"offices within five days after its occturence. The report shall describe the nature and cause of the breakdown or malfunction,the steps being taken or plumed to be taken to correct the problem and prevent its reoccurrence,etnergon'y pr ure$in use pending correction of problem, roblem and the time when the facility will again be operating in accordance with permit conditions. astocutted with the injoctiou well stem on the site basis as is equipment . 'tt I Calibrate all u �flow me chart d other related u by fire facility waste t, Tbo permifte Shall maintain all moWtoring equipment and shall ensure that the monitoring equipment is calibrated and in groper operating condition at all times. Laboratory equipment,methods,and quality control will follow EPA guidelines as expressed in Standard Methods for tiro Examination of Water and Wastewater. The pressure gauges, flow meters,and chart recorders,as applicable to ibis facility,shall be calibrated using standard ongineering methods. Calibration records shall be kept by the pern-duce at dwpermitted facility and be available for inspection by Department of upon request. g. In the event a well must be plugged or abandoned,the permittee shall obtain a permit front the Department as requitod by Chapter 62-52 8,Florida Adaunistradva Coale. Within 180 hays of well ah nt,die permittee shall submit to the Npartment and the TAC the proposed plagging;method,pursuant to Rule 62428.440,F.A.C. When no longer used for their intended purpose,these wells shall W properly plugged and abandoned. 3,, TESTING AND REPORTING REWREMENTS p a. Tbo Injection system shall be monitored tit accordance with Rule 62-528.615(2),F.A.C. The following injection qqq well performance,data shall be recordedand reported in the Monthly Operating Report as indicated below. Samples and measurements takers for the purpose of tnttnitoting shall be representative of the monitored activity. iLMCITOItiI'WELLS CIO,011,012 and 013 The specifications for the injection wells are as follows: .. D ueler and e Dcvgk Cared bibs) �fydnde fad �l l0 40 Pi1C ..._ � from 60'to 90' The injection wells shall be monitored in accordance with the parameters and frequencies listed below. The flow rate shall be recorded continuously or as requiroill by the facility wastewater permit in accordance with Rule 62-528.615(2),F.A.C. All samples shall be collected and analyzed In amordimcc with the quality assurance requirements of Chapter 62-160, F.A.C. The report shall include the following,data Page 16 of 18 FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994 PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994-0M4-DW3P 3583 South Roosevelt Blvd, Key West,FL 33040 u Deily Flow Rate(GPM) _ Daily/Monthly Maximum Peak Hourly Flow Rate(Fornon-continuous recorders please substitute Average Hourly Flow for the Peak Hourly Flow Rate. Average Hourly Daily/Monthly p Flaw=Daily Flow Bate+24 Minimum Total Residual( 1 Dal hl Total Yoiumv WWTP Effluent�ecGad eilpnns� WVVTP Effluent Wetter Quality pH(std.Units) Moriddy Total Nitrogen(TN)(mg/L) Monthly Total Pbo horns Mon COODs(ttaggt) Monthly Solid ,Total Suspended(mom) Monntlily Fecal Coliform Monthly b. In accotdanoe with Rule 62-528.615(2),F.A.C.,the permittee shall submit to the Department the results of all monitoring data collected no later than the last day ofthe month immediately following,the end of the month of record. The results shall be sent to the Department of Environmental Protection,South District Office,P.O.Box 2549,Fort Myers,Florida 33902-2549, The results shall be submitted in the same manner and on the same forms as required by the facility wastewater permit. 4. UlC P&QQIG AM WELL PERbUT UNEWAL c. In accordance with Rules 62-4.090(1)and 62-528.455(3)(a),F.A.C.,the permittee shall submit an application for renewal of the existing injection well system operating permit(a minimum of 5 copies)with the applicable fee at least 60 days prior to the expiration of this operation permit. The application for renews)shall Incluule the items listed in Rule 62-528.455(3)(b),F.A.C_ 5. P.MERGENCY DISPOSAL a. All applicable federal,state and local permits atust be in place to allow for any alternate discharges duo to emergency or planned outage conditions, b. Any changes in emergency disposal methods must be submitted for Technical Advisory Committee(TAC)review and Department approval. c. The permittee shall notify the local office ofthe Department within 24 hours in the event the emergency discharge has been used, The notification should irrclude the reason for using the emergency discharge,the duration ofthe discharge, and the volume discharged. Written notification shall be provided within 5 days after its occurrence, 6. The permin"is reminded of the necessity to comply with the pertinent regulations of any other regulatory agency,as well as any county,municipal,and federal regulations applicable to the proem These regulations may include,but are not limited to,those ofthe Federal Emergency Management Agency in implementing flood control rneastrres. This permit should not be construed to imply compliance with the rules and regulations of other regulatory agencies. Page 17 of 18 FACILITY: Roth Building WWTP PERNIITNMBER: FLAOL4994 PERMI7TEE: Monroe County Board of County Commissioners PA FILE NUMBEM FLA0149944,04-D'W'31? 3523 South Roosevelt Blvd. Key West,FL 33040 None: In the event of an emergency the permittee shall contact the Department by calling(800)320-0519. The pertnittee shall call P39)332-6975 during regular business hours,. Executed in Ft.Myers,Florida. STATE Op PLORIDA DEPAR11vMNT OF ENVIRONMENTAL PROTEMON Jon M.Igl Director of District Ivl>tnagcxnent DATE'M&M ZQ, og� a - 8 t� Y I fl a q v S Page 16 of 19 i STATEMENT OF BASIS FOR STATE OF FWRIDA DOMESTIC WASTEWATER FACU.ITY FERMIT PERMIT NUMBER: FLA014994 PA FEE NUMBER: FLAO)4994-004-DW3P FACILITY NAME: Roth Building WWTP FACU ITY LOCATION: Key West Monroe County NAME OF PERMITTEE: Monroe County Board of County Commissioners PERMIT WRITER. Ron Walters 1. ) j The following table provides the basis for Part I.A.provisions. MC System U-wl(Gras V wells to Class G-M waters): u' Parameter Llm11 Basis Rationale BOD,Carbonaceous 20.0 Annual Average 403.085(2)&.086(1)(b)FS&62- 5 day,20C(MG/i..) 600.740(1)(b)I.a.PAC 30.0 Monthly Average 62-600.740(1)(b)Lb.FAC 45.0 Weekly Average 62-600.7400)(b)I.e.PAC 60.0 S' S lc Max. 62-600.7 1 I.d,FAC Solids,Total 20.0 Annual Average 403.095(2)&.086(I)(b)PS&62- Suspended(MG/L) 600.740(l)(b)La.FAC 30.0 Monthly Average 62-6W.740(1)(b)l.b.FAC 45.0 Weekly Average 62-600.740(l)(b)l.c.FAC 60.0 S' e to Max. 62-600.7 1 b l.d.FAC 6.O to" µ pH(S>� Minimum and 62-600.445 FAC Maximum Coliform,Fecal 200 Annual Average Chapter 99-395,lAwws of Florida,Section 6 (#/100ML) &62-6W.440(4)(c)l.FAC 200 Monthly(ko.Mean 62-600.440(4)(c)2.FAC 400 90th Percentile 62-600.440(4)(c)3.FAC li 800 Single Sample Max. 62-6M.440(4)(c)4.FAC Total Ritual 0.5 Minimum 62-600.440(4)(b)FAC Chlorine(For Oisiafucetion) Mom') Nitrogtat,Total(as Report Single Sample Max. Chapter 99-395,Laws of Florida,Section 6 MGA.) Phosphorus,Total Report Single Sample!L� Chapter 99-395,Taws of Florida,Section 6 as P OIL Page 1 of 3 The following table provides the basis for Part 1.B.provisions and Part X.3.provisions. Other Limitations and Monitoring Requirements: Parameter Limit Basis Rationale Plow OD 0.040 Monthl Aver& a 62-600. 3 FAC Percent Capacity, Report. Monthly Average 62-600AW(4)FAC (T MADF/Permitted Capacity)x 100 (PERCENT) BOD,Carbonaceous Report Monthly Average 62-601,300(1)FAC 5 da 20C MG/L Solids,Total Report Monthly Average 62-601.300(l)FAC MG/L) Monitoring All Parameters 62-601 FAC&62-699 FAC and/or BPJ of I rNuency and permit writer Sam le Type Maximum Peak Report Daily/Monthly 62-528.615(2)FAC Hourly Flow Rate Sampling Location - All Parameters 62-601,62.61D.412,62-610.d63(1),62- r 610.568,62-610.613 FAC and/or BPJ of t writer 2. RRSTDUAALaS MANAGEMENT The method of residuals use or disposal by this facility are transport to Monroe County sludge transfer station to NamiMade County South District Regional WWTP or MiamilDade Central WWTP,or disposal in a Class I or U solid waste landfill. 3. GROUND WATER MPMORING REO[MMMU N`�- Ground water monitoring requirements do not apply to this facility 4. SCH==pQR IMPROVEMENT AMONS CONSTRUCTION AND B J,l ODWARMG STUDIES k The following improvement actions shall be completed according to the following schedule: Improvement Action Completion Date fl1 The permittete sball make available on site an operation tit. Within 30 days of permit maintenance manual for this wastewatEd lent issuance. 2 Permittao shall add an additional waste activated sludge line Within 90 days of permit from tits final settling tank to the digester. issuance. S. gM$TR L ERgI ADENT RREQUIREM bM At this time,the facility is not required to develop an approved industrial pretreatment program.Howevet, the Departt=t reserves the right to require an approved program if future conditions warrant. V a Page 2 of 3 B a 6. AD�TLTRIAt,`[IVE ORDERS(AO)AND CONSENT ORDERS(CO) �� awV 5 A p acil and there are no unresolved torn liance issues or is fity. 7. Y 1 This 1 is not accompanied by an AO, The Deparunent does not anticipate adverse impacts on dmIened or endangered species as a result of permit issuance. 8„ APPLICABLE Rt .Fs following were upW as the basis of the W.MIT l` tieTwconditioos. a. )PAC refers to various portions of the V1o(i(1a Administrative C . The effective dates of FAC Rule Chq)ws cited in the table are as follows: Qanacr Effective Date 62-4 02-07-06 62-160 06-Og-04 62-302 12-07-06 62-520 12-09-96 62-522 08-27-01 -27-05 l b2 528 2 62-550 01-17-05 62-600 04-13-06 62-601 12-24-96 62-002 10-15-07 62-610 11-19-07 62-620 07-I0-06 62-625 01-08-97 62-W 03.30.98 62-650 12-26-96 62-699 10-15-07 b. FS rafm to various portions of the Florida Statutes C. CFR refers to various portions of the Code of Federal Regulations,Title 40 d. BPJ refers to Best Professional Judgrae nt Page 3 of 3 W "�« d F e •Al v 2 it Cog $ , °° cu14 o o n z ! oil w 7 � .. Q Ulf ",3 Q IV NQue m w07 a 18x i i e i H e HL �I a �I o Q ` I I „ M ew o ei 1p 0 R 4 N' � � Mc 1911 im DAILY SAMPLE RESULTS-PART R Permit Number. FLAO 14'994 Fedlity: Roe$uitding WWTP Mowthering Period From, To:, Pa scut e4wity, COOD! Fecal Nk"wn PH(SU) Phosphotue TSS(MGQ 7RC(For Flotw(MGD) C BODS 3 S5(MG7.) {IA9ADIFIPettektsd (MG&) Colifoem (MOIL) (TiG/[) Dleinfa t,) (MOIL) Capacity)x 100 Bactoria (MC,Q (4110 %) tJYAAYJI ...Sin "on.site C.AL,01 EFA-01 EFA-01 BPA-01 EFA-01 FY A-ll EFMOI EPA-III FLW-11 Ito-91 WR-0I 1 2 3 4 3 6 B 9 10 11 12 0 14 IS 16 17 18 -l9 20 71 22 23 24 25 26 27 29 30 31 Taus iMto Avg YLANT^STAFF1N'(1 Day Shift Oposiot Class: Certificate No: —. — Nam Eve*4 SWA Opoelof Class: Certificate No: NNW: Night ShM Operaws Class: C:ertific la No: Nome. L t"Otetamor Class: Certificate No_ Name: n P 17n K7,1,7n 011f I Alt MOM-WnYmber 29,t994 it IL oil Ll Lr fj ed as M fly At Er 1-d U3 Oz 13 4 U La Is jo.5 in Sol-It Ta 4 JAY 4V 11 no SIB 179 iy 9 78 A a all 'm ice v is C3 12 Z 05 pipe S bol j 'All 2:2 Js ell .9 all 'Fos xglo1.16 AD ram rs sg� U bo cc to tr Im tj 7r. 's A ,9 101 >1 ang ad 4F l i t Florida Department of C Governor Environmental Protection Jeff Kottkamp Lt.Governor South District Michael W.Sole awpl P.O.Box 2549 secrett►ry Fort Myers.Florida 33902-2549 CERT IED MAIL NO.:7008 0150 0003 1458 9985 RETURN RECEIPT$E2UESTIE u In the Matter of an q Application for Permit by: Monroe County Board of County Commissioners Monroc Cotmty—DW c/o Mr.John ling Rath Building WWTP Senior Dira for of Lower Keys Operations PA File No.FLA014994-004-DW3P j 3583 South Roosevelt Blvd. Florida Keys Basin Key West,FL 33040 NOTICE OF PERMIT ISSUANCE o Enclosed is Permit Number FLA014994 to operate an existing domestic wastewater treatment plant, issued under Section 403.037,Florida Statutes. In accordance with Chapter 99,395,Laws of Florida,the referenced facility will be required to meet the more stringent discharge limits,listed in Section I.A.2.of this permit,beginning on July 1,201M Replacement g or modification of the existing plant will be needed in order to meet the view requirements. Io order to meet u the time requirements of Rule 62.-620.410 of the Florida Administrative Code,an application for replacement or modincation of the facility must be received in this orrice as won as possible,but not later than January 1, 2010. Monitoring requirements under this permit are effective on the first day of the second month following permit issuance.Until such time,the permittee shall continue to monitor and report in accordance with previously effective permit requirements,if any. The Department's proposed agency action shall become final unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57.Florida Statutes,within fourteen days of receipt of notice. The procedures for petitioning for a hearing,are set fords below. V A person whose substantial interests are affected by the Department's proposed permitting decision may petition far an administrative proceeding(hearing)under Sections t20.569 and 120,57,Florida Statutes. The petition must contain the information set forth below and must be filed(received by the clerk)fa the Office of E General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399- 3000.. Under Rule 62-110.106(4),Florida Administrative Code,a person may request enlargement of the time for filing a petition for an administrative hearing, The request must be filed(received by the clerk)in the Office of General Counsel before the end of the time period for filing a petition for an administrative hearing. Petitions by the applicant or any of the persons listed below must be filed within fourteen days of receipt of this written notice. Petitions filed by any persons other than those entitled to written notice under Section 120.60(3), Florida Statutes,must be filed within fourteen days of publication of the notice or within fourteen days of receipt of Page l of 3 FACT]=. Roth Building WVM PA Pile No.:PLA014994-004•I)W3P PER1411'1TIM: Monroe County Board of County Commissioners the written notice,whichever occurs firatst. Under Section 120.60(3),Florida Statutes„however.any person who has asked the De nt for notice of agency action mray file a petition within fourteen days of receipt of such police, regardless of the date of publication, The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of U filing, The f irre of any person to file a petition within fourteen days of"receipt of notice shall constitxtte a waiver of that person's right to request an administrative determination(hearing)under Sections 120569 and 120S7,Florida Statutes. Any subsequent intervention Cm a proceeding initiated by anotber party)will be only at the discretion of the presiding officer upon the tiling of a notion in compliance with Rule 2&106.205,Florida Administrative Code. A petition that disputes the material facts oil which the Department's action is based must contain the following information: (a)The name,address,and telephone number of each petitioner;the name.address,and telephone number of the petitioner's representative,if any;the Department permit identification number and the county in which the subject matter err activity is located; (b)A statement of how and when each petitioner received notice of the Department action; (c)A statement of bow each petitioner's substantial interests are affected by the Department action; (d)A statement of all disputed issues of material fact, If there are nom the petition must so indicate; (e)A statement of facts that the petitioner contends warrant reversal or modification of the Depastni t action; (f)A concise statement of the ultimate facts alleged,as well as the rules and statutes which entitle the petitioner to relief,and (g)A statement of the relief sought by the petitioner,stating precisely the action that the petitioner wants the Department to take. Because the administrative hearing process is designed to formulate final agency action,the filing of a petition II means that the Department's final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding,in accordance with the requirements sex forth above. Mediation under Suction 120.373,Florida Statutes,is not available for this proceeding. This permit action is final and effective an the date filed with the clerk of the Department toeless a petition is filed in accordance,with the above. Upon the timely filing of a petition this permit will not be effective until f hither order of a the Department N Any party to the permit has the right to seek judicial review of the permit action under Section 120,68,F krida Statutes,by the filing of a notice of appeal under Rules 9.110 and 9.190,Florida Rides of Appellate Procodtue,with the clerk of the Department in the Office of General Counsel,Mail Station 35,3900 Corrzcno wealth Boulevard, Tallahassee.Florida.32399-3000;and by filing a copy of the Notice of appeal accompanied by the applicable filing fees with the appropriate district cowl of appeal. IU notice of appeal must be filed within 30 days from the date when this permit action Is flied with the clerk of the Department. lamented in Ft.Myers.Florida. F STATE OF FLORDA.DIEPARTh ENT OF ENVIRONIAM"AL PROTECTION Jon M. Director of District Management pPage 2 of 3 fl mr w 6 FACII. .— Roth Building WWTP PA Pile No.:PLAp14994.004-DW3P PERMMEE; Momae County Board of County ComamiWoners Fl1 NG AND ACKNOWLEDGMENT PILED,on this date,under Section 120.52,Florida Statutes,with the designated deputy clerk,receipt of which is hereby acknowledged. Q YlIC"her (Vatel CERTIFICATE OF SERVICE TM undersigned hereby certifies thatW4 NOME OF P°BFJ&r ISSUANCE and all copies were rnaiied before the close of business on Octo2008 to the listed persons. iNmwrjl Enclosum Copies furnished to, S.eaa Kirwan,P.E. Steve Johnson,DEP-Marathon Keith Klcinnuum,DEP-Ft.Mym David Rhodes,P.©.,DEP-FL Myers Page 3 of