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Item N8 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17 2104 Division: BOCC Bulk Item: Yes _ No X Department: _Commissioner Kolhage Staff Contact/Phone#: Isabelle DeSantis x 3440 Agenda Item Warding: Approval of a resolution by the Monroe County Board of County Commissioners requesting that the Florida Keys Aqueduct Authority (FKAA) add a deep injection well to design and construction of the Cudjoe Regional Wastewater Treatment Plant. ITEM BACKGROUND: FKAA is authorized by Ch. 76-441, Laws of Florida, to design, construct and operate wastewater treatment systems in the Florida Keys. In September, 2009, FKAA applied for and the Florida Department of Environmental Protection subsequently issued permit FLA671932, for the design and construction of the wastewater treatment plant (WWTP) as a component of the Cudjoe Regional Wastewater Treatment System. The WWTP, as designed, includes four 10-inch PVC pipe encased shallow injection wells. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: INDIRECT COST: BUDGETED: Yes DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes_ No AMOUNT PER MONTH Year APPROVED BY: County Att yOMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# Revised 7/09 RESOLUTION NO. -2014 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING FLORIDA KEYS AQUEDUCT AUTHORITY (FKAA) TO ADD A DEEP INJECTION WELL TO THE CUDJOE REGIONAL WASTEWATER TREATMENT PLANT; DIRECTING THE COUNTY ATTORNEY'S OFFICE AND STAFF TO WORK WITH FKAA IN ORDER TO ACCOMPLISH THIS OBJECTIVE, INCLUDING AMENDMENT OF INTERLOC'AL AGREEMENTS AS NECESSARY IN ORDER TO PROVIDE FUNDS TO PAY FOR THE DESIGN AND CONSTRUCTION; DIRECTING THE CLERK TO SEND COPIES OF THE RESOLUTION TO THE EXECUTIVE DIRECTOR AND GENERAL COUNSEL OF FKAA. WHEREAS, the Florida Keys Aqueduct Authority (FKAA) is authorized by Chapter 76- 441, Laws of Florida, as amended, to design, construct and operate wastewater treatment systems; and WHEREAS, Section 6 of Chapter 99-395 LOF, passed by the Florida legislature and signed by the Governor in June 1999, established requirements specific to sewage treatment, reuse, and disposal facilities within Monroe County; and WHEREAS,in pertinent part, Ch. 99-395 LOF states that Class V injection wells, as defined by the Florida Department of Environmental Protection(DEP') or Department of Health (DOH)rule,must be encased to different depths depending on the design capacity of the facility; and WHEREAS, Section 7 of Ch. 99-395, subsequently incorporated into Section 403.086(10) of the Florida Statutes, states that if the design capacity of the facility is less than 1 million gallons per day,the injection well shall be at least 90 feet deep and cased to a minimum depth of 60 feet or to such greater depth as may be required by DEP rule; and if the design capacity of the facility is equal to or greater than 1 million gallons per day,the injection well shall be cased to a minimum depth of 2,000 feet or to such greater depth as may be required by DEP rule; and WHEREAS, on September 20, 2009, Florida DEP issued Domestic Wastewater Facility Permit FLA671932-001 to FKAA„ for the construction and operation of the Cudjoe Wastewater Treatment Plant(WWTP) as a 5-stage Bardenpho-process domestic wastewater plant, with a permitted capacity for the facility's three-month average daily flow(TMADF) of 0.84 million gallons per day(MGD),including four(4) 10-inch PVC-cased Class 3 injection wells for disposal of non-hazardous advanced treated domestic wastewater treatment facility effluent from the WWTP, encased to a minimum of 80 feet(``shallow injection wells"); and WHEREAS,in March 2014, FKAA submitted an application to DEP for renewal of permit FLA671932-001, and in July 2014, DEP published Notice of Intent to Issue the renewed permit; however, the renewed permit has not yet been issued in final; and WHEREAS,it is the desire of the Board of County Commissioners to go beyond the requirements set forth in Section 403.086, Ch. 99-395 LOF, and regulations promulgated by DEP 1 and DOH in order to protect and safeguard the quality of valuable nearshore waters of the Florida Keys; and WHEREAS, on September 20, 2006, Monroe County and FKAA entered into an interlocal agreement(ILA)in order to define the funds to be expended on design and construction of the Cudjoe Regional 'Wastewater Treatment System, and also to put in place the procedures for payment of advances and reimbursements for expenditures between the parties, which ILA has been subsequently amended; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Section 1. Monroe County, as the owner of the Cudjoe Regional Wastewater Treatment System including the WWTP as a component within that system, hereby requests that the FKAA take any and all steps necessary in order to design and construct one(1) deep injection well for effluent disposal at the WWTP in addition to the four shallow injection wells currently permitted for construction and operation, including but not limited to any steps necessary in order to obtain an amended permit from DEP. Section 2. Monroe County Attorney's Office and Monroe County staff are directed to work with FKAA in order to make necessary amendments to the interlocal agreement (ILA) between FKAA and Monroe County in order to set forth the agreement of the parties with respect to the funds necessary for the addition of the deep injection well. Section 3. The Clerk is hereby directed to forward copies of this resolution to Messrs. Kirk Zuelch, Executive Director of FKAA, and Robert Feldman, General Counsel of FKAA. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida this day of October 2014. Mayor Sylvia Murphy Mayor Pro Tern Danny Kolhage Commissioner Heather Carruthers Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA BY Mayor Sylvia Murphy (SEAL) ATTEST: AMY HEAVILIN, CLERK MON OE COUNTY ATTORNEY By: A OR A TO FORM: Deputy Clerk ,_ U. � �,. YN f "!A L. ALL ASSIST ANT COUNTY AT ORNEY 2 Date , �N�� Wilson-Kevin mm From: Tom Walker<twalker@fkaa.com> Sent: Tuesday,October 07,2014 8:24 AM To: Wilson-Kevin Subject FW.DIW-Budget Estimate Attachments: 458401 New Deep Inj.Well Cudjoe Key Est VZ05022014.xlsm From: ait.5chw3rz@ H2M.0 m sail o:1!JAt_ a) F{2M<�g�m] Sent:Thursday,July 24, 2014 10:15 AM To:Tom Walker Cc:Anr w.5m h CFi2M.com Subject: D1W- Budget Estimate Tom, Attached is an estimate you should be able to use for budget purposes. It does assume that we would be somewhere on oradaa' rwt to the plant site with no land acquisition and limited piping. The single biggest problem in communication is the illusion that it has taken place." -- George Bernard Shaw Walt Schwarz, P,E, Engineering Manager - Cud joe Regional Wastewater Program Regional rechnolo y 1,,.,ead - condition Assessment and lZehabilitation Services C11612 i 1L.L, R W : 305 745 3991 Key et: 305 294 145 cell: 954 480 7365 personal fax: 352 2714922 Confidentiality Notice:This e-mail message,including any attachments,is for the sole use of the Intended reciplengs)and may contain confidential and privileged Information.Any unauthorized review,use,disclosure or distribution is prohibited.If you are not the Intended recipient,please contact the sender by reply e-mail and destroy all copies of the original message. 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