10/21/2015 Agreement r 1 .
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CUDJOE GARDENS PROPERTY
OWNERS ASSOCIATION, INC., and
SUGARLOAF SHORES PROPERTY
OWNERS ASSOCIATION, INC.,
POA Petitioners,
vs. Case No. 15-1233
FLORIDA KEYS AQUEDUCT
AUTHORITY and STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL
PROTECTION,
Respondents,
and
MONROE COUNTY, FLORIDA
Intervener.
STIPULATED SETTLEMENT AGREEMENT
THIS STIPULATED SETTLEMENT AGREEMENT ("Settlement Agreement") is
entered into by and among the State of Florida, Department of Environmental Protection
("DEP"),the Florida Keys Aqueduct Authority("FKAA"), Monroe County, Florida ("County"),
the Cudjoe Gardens Property Owners Association, Inc., and the Sugarloaf Shores Property
Owners Association, Inc. (the "POA Petitioners") (collectively, the "Settling Parties"), as a
complete and final settlement of all claims raised in the above-styled proceedings.
RECITALS
WHEREAS, on September 21, 2009, DEP issued to FKAA a certain Domestic
Wastewater Facility Permit for the Cudjoe Regional Wastewater Treatment Plant(the"Plant")
including underground injection wells, Permit No. FLA671932-001 and UIC Permits Nos.
295404-001, -002, -003 and -004 (collectively,the"2009 Permits"); and,
WHEREAS, on July 14, 2014, DEP issued a Notice of Intent to Issue Wastewater
Treatment Permits for the Plant,proposed Permit No. FLA671932-003-DWIP and UIC Permits
Nos. 295404-020, -021, -022, and-023 (collectively, the"2014 Permits"); and,
WHEREAS, on February 23, 2015, the POA filed a second amended petition for formal
administrative hearing on the compliance of the 2014 Permits with applicable state law; and,
WHEREAS, other individuals(collectively, the "Individual Petitioners")also filed
various amended petitions; and,
WHEREAS, on March 11, 2015, DEP referred the POA Petitioners' and the Individual
Petitioners' petitions to the Division of Administrative Hearings ("DOAH"), where they were
collectively assigned Case No. 15-1233; and
WHEREAS, FKAA, DEP, and the County dispute the allegations of the POA Petitioners'
claims; and,
WHEREAS, the POA Petitioners dispute the allegations of FKAA, DEP, and the County;
and,
WHEREAS,on September 30, 2015, DOAH conducted phase one of the final hearing in
this matter; and,
WHEREAS, on October 6,2015, DOAH issued an order finding that the 2009 Permits
authorized construction and operation of the Plant, that the 2014 Permits were a renewal of the
2009 Permits, and that the POA Petitioners may only assert in this proceeding that FKAA does
not meet the applicable criteria to renew the permit to operate the Plant, including the wells; and,
WHEREAS, on October 13, 2015, DEP entered an order confirming that the 2009
Permits are final agency action; and,
WHEREAS, on October 15, 2015, DEP confirmed that it has no objection to FKAA
placing the Plant in operation; and,
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, a' .
WHEREAS, the Settling Parties wish to avoid the expense, delay, and uncertainty of
lengthy litigation and to resolve this proceeding under the terms set forth herein, and agree it is in
their respective mutual best interests to do so;
NOW,THEREFORE, in consideration of the mutual covenants and promises set forth
herein, and in consideration of the benefits to accrue to each of the Settling Parties,the receipt
and sufficiency of which are hereby acknowledged,the Settling Parties hereby represent and
agree as follows:
1. Subsequent to the POA Petitioners' assertion of their claims,the Settling Parties
conferred and agreed to resolve all of those claims through this Settlement Agreement. It is the
intent of this Settlement Agreement to resolve fully all pending issues between the Settling
Parties.
2. Exhibit A to this Settlement Agreement consists of a copy of the POA Petitioners'
second amended petition alleging their claims. Exhibit A is incorporated into and made part of
this Settlement Agreement. The claims asserted in Exhibit A are collectively referred to as the
"Settled Claims."
3. FKAA agrees to continue expeditiously and in good faith its efforts to complete
the permitting and construction of the deep well at the Plant,the draft permit for which is
attached as Exhibit B to this Settlement Agreement.
a. FKAA represents that the design of the deep well has been completed, and
that FKAA currently is in the process of competitively selecting the contractor to complete the
deep well. FKAA reasonably believes the construction will commence before the end of 2015,
and the deep well will be completed before the end of 2016(barring unforeseen conditions
outside FKAA's control).
b. FKAA stipulates to expeditious completion of the deep well and to its use
as the only primary means of disposal of treated effluent from the Plant, as soon as the deep well
is permitted for operational testing. FKAA agrees that it will not seek to use the 2009 Permits or
the 2014 Permits for primary disposal of effluent after the deep well is in operation and will not
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seek renewal of the 2014 Permits to authorize use of the shallow wells as the primary means of
disposal. In any use of the shallow wells, on an interim basis pending completion of the deep
well or thereafter as backup facilities, FKAA agrees to comply with the maximum disposal limits
of the 2014 Permits, even though they are more restrictive than the requirements of the 2009
Permits. FKAA stipulates and agrees to construct and operate the deep well in compliance with
new permits that it expects DEP will issue as expeditiously as possible.
c. As further evidence of its good faith intention to expeditiously complete
and operate the deep well as the Plant's sole method of primary disposal of effluent, FKAA
stipulates that in its use of the shallow wells on an interim basis pending completion of the deep
well FKAA will not exceed fifty percent(50%) of the permitted flow rate under the 2009
Permits.
d. As further evidence of its good faith intention to operate in a manner that
protects the environment, FKAA stipulates to the follow water quality monitoring program until
the deep well is in operation:
i. FKAA will collect surface water samples from at least 12 locations
nearby and surrounding the injection wells as on the figure attached as
Exhibit C to this Settlement Agreement. FKAA may, at its option,
continue to collect samples from other locations.
ii. FKAA will continue to monitor groundwater conditions at the 5
landfill observation wells.
iii. On a monthly basis, FKAA will analyze the samples for nutrients (TN,
--- _-- TP and chlorophyll A).
iv. On a quarterly basis, FKAA will analyze the samples for the
constituents tested in July 2015.
v. FKAA will post all test results on a Project website accessible by the
public.
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vi. If over a minimum of a three-month period the test results show a
statistically significant increasing trend in tested nutrient-related
constituents(TN, TP, or chlorophyll A)over background values(pre-
injection test results)that are not explained as naturally occurring
fluctuations, then FKAA will cease to issue invitations to connect to
the Cudjoe Regional Wastewater Treatment System until the deep well
is in operation. Anyone who has received an invitation to connect may
rely on it and proceed to connect.
e. As further evidence of its good faith intention to operate in a manner that
protects the environment, FKAA stipulates that it will not handle off-site biosolids at the Plant
until the deep well is in operation.
f. As further evidence of its good faith intention to operate in a manner that
protects the environment, FKAA stipulates that it will provide a dedicated, on-site backup
emergency source of power for the deep well.
4. The County stipulates to continue expeditiously and in good faith its financing of
the deep well at the Plant and stipulates that the funding is in place.
5. DEP agrees to exercise its best reasonable efforts to expedite the review of the
permit application for the deep well.
6. The POA Petitioners release and agree not to later assert any claims or arguments
that are presently asserted in the Settled Claims, except as may be asserted in an action to enforce
this Settlement Agreement in accordance with paragraph 18 of this Settlement Agreement,or as
may be re-asserted in a challenge to the 2014 Permits if this matter is re-referred to DOAH after
being held in abeyance in accordance with paragraph 15 of this Settlement Agreement.
7. The Settling Parties enter into this Settlement Agreement in the spirit of
cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in
recognition of the desire for the speedy and reasonable resolution of disputes arising out of the
permits that are the subject of the Settled Claims. The acceptance of settlement terms for
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purposes of this Settlement Agreement is part of a negotiated agreement affecting many factual
and legal issues and is not an endorsement of, and does not establish precedent for,the use of
these terms in any other circumstances.
8. Nothing in this Settlement Agreement shall be construed to relieve any of the
Settling Parties from adhering to the law.
9. Nothing in this Settlement Agreement shall be deemed to affect the rights of any
person not a party to this Settlement Agreement. This Agreement is not intended to benefit any
third party, including but not limited to the Individual Petitioners.
10. Each of the Settling Parties shall bear its own costs, including attorney fees,
incurred in connection with the above-captioned proceedings and this Settlement Agreement.
11. No Settling Party or its prior or current counsel will seek attorneys' fees, costs or
sanctions against any other Settling Party or its prior or current counsel with respect to the events
that have occurred up to the effective date of this Settlement Agreement. By the terms of this
Settlement Agreement, each Settling Party and its prior or current counsel intends to fully release
each other Settling Party and its prior or current counsel from all claims related to this matter
which could have been asserted by any Settling Party against the other or against prior or current
counsel up to the effective date of this Settlement Agreement; provided, however, that
notwithstanding anything to the contrary in this Settlement Agreement, DEP does not release
FKAA from any permit compliance requirements.
12. This Settlement Agreement shall become effective immediately upon the date of
execution by an authorized representative of the last Settling Party.
---- --13. Within seven days after the effective date of this Settlement Agreement, the
Settling Parties shall file a joint motion with DOAH to relinquish jurisdiction over the POA
Petitioners' second amended petition to DEP, for action consistent with this Settlement
Agreement.
14. Within seven days after DOAH relinquishes jurisdiction over the POA
Petitioners' second amended petition, the Settling Parties other than DEP will jointly request that
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DEP hold in abeyance the POA Petitioners' second amended petition until the deep well is
completed and in operation, at which time the Settling Parties other than DEP will jointly request
that DEP enter a final order dismissing the POA Petitioners' second amended petition,with
prejudice and without leave to amend. If and when DEP dismisses the second amended petition
in accordance with this paragraph,the POA Petitioners and their counsel waive and release any
further administrative challenges to and judicial appeals of the 2014 Permits. Counsel for DEP
joins in these requests, but counsel's position is not binding on DEP in its consideration of a final
order.
15. If the POA Petitioners reasonably and in good faith believe that FKAA is not
proceeding with construction and operation of the deep well in substantial compliance with the
terms of this Settlement Agreement, or that the County is not proceeding with funding therefor,
then the POA Petitioners may demand that DEP refer their second amended petition back to
DOAH. FKAA and the County agree not to oppose the demand.
16. All of the Settling Parties to this Settlement Agreement, and their counsel, are
deemed to have participated in its drafting. In the event of any ambiguity in the terms of this
Settlement Agreement,the Settling Parties agree that such ambiguity shall be construed without
regard to which of the parties drafted the provision in question.
17. This Settlement Agreement is not intended to bind DEP, FKAA, or the County in
the exercise of governmental discretion which is exercisable in accordance with law upon the
giving of appropriate public notice and required public hearings. However, to the extent that the
exercise of such discretion is deemed by the POA Petitioners to violate the terms of this
Settlement Agreement,the POA Petitioners may seek relief pursuant to paragraph 18 of this
Settlement Agreement.
18. Any action in law or equity for the enforcement or breach of this Settlement
Agreement shall be litigated in the circuit court for Monroe County, Florida. In any such action,
the Settling Parties waive any right to jury trial they may have. This paragraph 18 does not apply
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to,or in any way restrict, the POA Petitioners' right to demand referral of their second amended
petition back to DOAH pursuant to paragraph 15 above.
19. This Settlement Agreement may he executed in any number of originals.all of
which evidence one agreement,and only one of which need be produced for any purpose.
20. This is the entire agreement between the parties and no verbal or written
assurance or promise is effective or binding unless included in this Settlement Agreement.
In witness whereof,the parties hereto have caused this Settlement Agreement to be
executed by their undersigned officials as duly authorized.
STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL PROTECTION
1 Jr. 11 October 20,2015
By:
Jon M.Iglehart,Director of District Management Date
Approved as to • and legality:
Jeffrey Brown,Deputy General Counsel
FLORIDA KEYS AQUEDUCT AUTHORITY
By: l0—„7 /— l )
Date
Approved as[I o
and legality:
8
•
MONROE C Y 0 A
By: /0 - /S
ito ert B. Shillinger, Jr. Date
County Attorney
Approved ` to
as to form and legality:
ekitAt i (a- 91— 3-0 I 'l
Cynthia L. Hall
Assistant County Attorney
CUDJOE GARDENS PROPERTY OWNERS ASSOCIATION, INC.
By:
Date
SUGARLOAF SHORES PROPERTY OWNERS ASSOCIATION,INC.
By:
Date
JAN EDELSTEIN Date
Authorized Representative of POA Petitioners
DIANA DAVIS Date
Counsel for POA Petitioners
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MONROE COUNTY, FLORIDA
By:
Date
Approved as to form and legality:
CUDJOE GARDENS PROPERTY OWNERS ASSOCIATION, INC.
Date
SUGA SHORE,$ PROPERTY OWNERS ASSOCIATION, INC.
�/
By: ,1� W f p AA)
Date
7W:
YA EDELSTE Date
'ASthorized Representative of POA Petitioners
IA ce c2o Qc-#b a-t4 20 i r
DIANA DAVIS Date
Counsel for POA Petitioners
9
EXHIBIT A
POA Petitioners' Second Amended Petition(without exhibits)
EXHIBIT B
Notice of Draft Permit No. 336267-001-UC/5 W dated August 12,2015
EXHIBIT C
Map of water quality monitoring locations
EXHIBIT A
POA Petitioners' Second Amended Petition (without exhibits)
RECEIVED
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION Feb 23, 2015
CUDJOE GARDENS PROPERTY OWNERS ASSOCIATION, INC., and Deb'°I Environmental e
SUGARLOAF SHORES PROPERTY OWNERS ASSOCIATION, INC. officelce of General Couunsnsel Petitioners,
DEP FILE NO.: FLA671932-003-DWIP
DEP PROPOSED PERMIT#: FLA671932-003-
DWIP;
v. DEP UIC PERMIT#295404-020,021,022,023;
(prior DEP No.FLA671932-001, 295404-001,002,
003,and 004)
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,and
FLORIDA KEYS AQUEDUCT AUTHORITY(Applicant)
Respondents.
SECOND AMENDED and VERIFIED
PETITION FOR FORMAL ADMINISTRATIVE PROCEEDINGS and
PETITION TO INTERVENE
Petitioners CUDJOE GARDENS PROPERTY OWNERS ASSOCIATION,MC. ("Cudjoe
Gardens")and SUGARLOAF SHORES PROPERTY OWNERS ASSCOIATION, INC.
("SSPOA"), collectively referred to as"POA Petitioners"or"Petitioners,"by and through their
undersigned counsel,and pursuant to Sections 120.569, 120.57,and 403.412(6),F.S.,and Rule
28-106.20I, F.A.C.,hereby file this Second Amended Verified Petition for Formal
Administrative Proceedings and Petition to Intervene("Petition"), to challenge the intent to
issue FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION("DEP")permits#:
FLA67I932-003-DWIP; DEP UIC PERMIT#295404-020,021,022, and 023;which would
allow the disposal of wastewater effluent from the Cudjoe Key Wastewater Treatment Plant into
wells that are cased only to 80', in violation of Florida law and DEP regulations.
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Attachment VII
DEP0185
SECOND AMENDED PETITION FOR FORMAL ADMINISTRATIVE HEARING
I. POA Petitioners, Cudjoe Gardens Property Owners Association, Inc. ("CGPOA') and
Sugarloaf Shores Property Owners Association, Inc ("SSPOA"), file this Second
Amended Petition for a Formal Administrative Hearing concerning the Notice of Intent to
Issue Wastewater Treatment Permit(s): DEP PROPOSED PERMIT #: FLA671932-003-
DWIP; DEP UIC PERMIT # 295404-020, 021, 022, and 023; (prior DEP FLA671932-
001; 295404-001, 002, 003, and 004;) for the Cudjoe Key Wastewater Treatment Plant,
referred to herein as "Plant" or "CKWTP" or "Regional Facility") [the Proposed Permit]
by the State of Florida Department of Environmental Protection (DEP), on July 14, 2014
on an Application for permitting, renewal and/or modification of the permits and
applications filed by Florida Keys Aqueduct Authority (FKAA).
PETITION TO INTERVENE
2. In an abundance of caution, Cudjoe Gardens Property Owners Association, Inc.
("CGPOA) and Sugarloaf Shores Property Owners Association, Inc. (SSPOA), also
file concurrent with this Second Amended Petition, their Petition to Intervene under
Chapter 120, F.S. and Section 403.412(5), F.S. in any and all proceedings requested by
any and all other parties regarding the Notice of Intent to Issue Wastewater Treatment
Permit #FLA671932-001 and UIC Permit(s): DEP PROPOSED PERMIT #:
FLA671932-003-DWIP; and DEP UIC PERMIT#295404-020, 021, 022, and 023; (prior
DEP FLA671932-001, 295404-001, 002,003, and 004;) for the Cudjoe Key Wastewater
Treatment Plant, referred to herein as "Plant" or "CKWTP" or "Regional Facility") [the
Proposed Permit] by the State of Florida Department of Environmental Protection (DEP),
on July 14, 2014 on an Application for renewal and/or modification of the permits filed
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DEPO1 86
by Florida Keys Aqueduct Authority("FKAA').
NOTICE OF AGENCY ACTION
3. Notice of the agency action was uploaded by DEP on or about July 14, 2014. Petitioners
viewed the local newspaper notice or the specific notice sent by email. The original
Petition was filed on July 25th, within fourteen(14)days of the date of July 14, 2014.
Petitioners, Mike Landicina and Don DeMaria, who were parties to the original Petition,
filed an Amended Petition on January 29,2015. The POA Petitioners,who were parties
to the original petition, filed a First Amended Petition on February 6, 2015. The DEP
dismissed the First Amended Petition with leave to amend on February 12, 2015. POA
Petitioers are filing this Second Amended Petition within (15)days of the DEP dismissal
and which relates back to the original timely filed Petition and as such this Second
Amended Petition is timely filed.
CONCISE STATEMENT OF THE ULTIMATE FACT ALLEGED BY PETITIONERS
Second Amended Petition challenges DEP's proposal to permit the operation of four(4)
underground injection wells cased to 80' for primary disposal of wastewater in Monroe
County.
POA Petitioners assert DEP has no authority to issue these permits because:
(1) The design capacity of the facilities is 1 million gallons per day or greater,
thereby requiring the primary disposal well(s) to be cased to a minimum of 2,000
feet; and/or
(2) The Applicant failed to provide reasonable assurance that the operation of these
wells will not cause or contribute to a violation of surface water standards;
and/or
(3) Will cause degradation and pollution of Outstanding Florida Waters
PETITIONERS AND STANDING
4. POA Petitioners/Interveners assert standing to initiate or intervene in these proceedings
on behalf of their members' substantial interests being impacted by the agency action
pursuant to Sections 120.569 and 120.57, F.S., and Section 403.412(5), F.S. POA
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Attachment VII
DEPO1 87
Petitioners seek review of the proposed permit(s) for the wastewater treatment plant,
including four(4) shallow injection wells for treated wastewater, to be constructed and
operated on Cudjoe Key in Monroe County, Florida.
5. All and/or a substantial number of POA Petitioners' members substantial interests are
adversely affected by the proposed agency action. The activities being permitted by the
Department violate Florida Statues and Department regulations, will impermissibly
degrade and impair the nearshore waters of the lower Florida Keys, the Florida National
Marine Sanctuary, Outstanding Florida Waters, and will endanger the federally protected
coral reefs and sea turtles, and protected sea grasses and other local fauna. The quality of
life and property values of all of the members of the POAs depend in large measure on
the health of the coastal reef and the nearshore waters of the lower Florida Keys and their
availability as a viable fishing, diving, snorkeling, and wildlife watching resource,among
other uses, which will be negatively impacted by the proposed agency action.
6. Association Petitioner, Cudjoe Gardens Property Association, Inc. ("CGPOA"), is a
voluntary not for profit Florida corporation in good standing. Its mailing address is P. O.
Box 420121, Cudjoe Key, FL 33042.
7. CGPOA is an association of and for the property owners of a residential subdivision
known as Cudjoe Gardens. CGPOA has been in existence for over 37 years and has over
150 members at this time. All members own property in Cudjoe Gardens, most reside
there at some time of the year. For many, Cudjoe Gardens is their principal residence.
CGPOA is authorized within it's by laws to represent the interests of its members in
matters before governmental agencies. CGPOA routinely represents its membership
before the Monroe County Commission and others generally, including FKAA, on
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Attachment VII
DEP0188
matters of interest to its property owners including, but not limited to, solid waste
management contracts, road resurfacing, flood insurance matters, and sewer related
issues. CGPOA provides canal water samples for testing by the University of Florida.
8. Larry Francisco is President of this voluntary property owners association and represents
its interests. The subject matter of the challenged proposed activity is within the
association's general scope of interest and activity. The relief requested in this Second
amended petition is authorized and appropriate for the CGPOA to request and receive on
behalf of its members.
9. Cudjoe Gardens is located on the western peninsula of Cudjoe Key, approximately 1 mile
from the Plant and disposal wells. Developed in the 1970s, Cudjoe Gardens is a canal
subdivision where every lot has canal frontage. Cudjoe Gardens is bordered by Bow
Channel and the Cudjoe Garden canals lead directly to Bow Channel,providing unique
direct and expeditious deep water access to the reef and Backcountry. This convenient
access is a key feature of the subdivision and hence, the subdivision is valued by and
attracts property owners who spend much time boating, fishing, snorkeling and diving,
and otherwise recreating in the near shore waters and beyond of the Florida Keys
National Marine Sanctuary (FKNMS).
10. The switch from individual septic tanks in Cudjoe Gardens,which is within the CKWTP
service area, to a centralized wastewater treatment and disposal system will convert the
equivalent of 9,000 dwelling units spread over 16 miles of the Lower Keys of point and
non-point sources of nutrient and other pollution to Advanced Wastewater Treatment
standards for nutrients. It will accomplish this by centralizing these non-point sources
and point sources (17 small package plants)to a single point source on Cudjoe Key in
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Attachment VII
DEP0189
close proximity to Cudjoe Gardens. Aggregation of the currently distributed wastewater
into one area creates a very large volume of low salinity, nutrient carrying effluent
containing pharmaceuticals and other constituents that cannot be removed by current
treatment technologies; and which will be injected at very high volumes as much as 653
gallons per minute into 4 shallow wells next to an unlined County solid waste landfill
(household waste and incinerator ash) disturbing the landfill causing the release
pollutants from the landfill such as metals, creating adverse impacts on the shallow
waters of the Lower Keys and beyond.
I I. All CGPOA members will be adversely and immediately affected by the proposed
agency action to permit effluent disposal in four shallow wells due to their impact on
water quality. CGPOA members will suffer from the adverse effects to the surface
waters neighboring their properties and beyond caused by the quantity, salinity and
nutrients present in the shallow well injected effluent and by the effluent's impact on the
Monroe County unlined landfill and the pollutants being released from the landfill. This
degradation of water resources and marine life resources will negatively affect the quality
of life of CGPOA's members, and negatively impact their ability to participate in
recreational activities such as fishing, swimming, boating, snorkeling, diving, wildlife
watching, and eating locally caught seafood, which in turn will negatively affect the
value of their Cudjoe Gardens property.
12. The Legislature adopted in 99-395 Laws of Florida,codified at Section 403.086(10), F.S.,
Monroe County specific water quality requirements (incorporated into Florida Statutes
due to the Florida Keys status as an Area of Critical State Concern), stipulates that the
water quality concerns in the Keys are connected to quality of life and the economy of the
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Attachment VII
DEPO1 90
Keys. The economic interests of property owner association members in Cudjoe
Gardens and property owners association members in Sugarloaf Shores are protected by
the water quality concerns within Chapter 403, F.S Specifically, within Section
403.086(10),"[t]he Legislature finds that the discharge of inadequately treated and
managed domestic wastewater ... in the Florida Keys compromises the quality of the
coastal environment, including nearshore and offshore waters, and threatens the quality
of life and local economies that depend on those resources." [Emphasis added]
13. CGPOA is represented by undersigned Counsel, Diana Lee Davis, Legacy Matters, PA,
800 Village Square Crossing Suite 348, Palm Beach Gardens, FL 33408, phone (561)
207-6191 fax (561) 656-2099; eservice at I.egacyMatters(aoutlook.com.
14. Association Petitioner, Sugarloaf Shores Property Owners Association,Inc.
("SSPOA"), is a voluntary 501(c) (4), Florida Corporation in good standing and has a
mailing address at 17045 Overseas Highway, Box 9, Sugarloaf Shores FL 33042-3691.
15. SSPOA is an association of property owner members in a residential subdivision on
Sugarloaf Key known as Sugarloaf Shores. It has been in existence since 1978 and
currently has over 325 members. Many members reside there year-round.
16. SSPOA is authorized within its bylaws to represent its member interests before
governmental agencies. SSPOA monitors and engages local and state governmental
agencies, including FKAA, on issues critically important to its members and the
community including, but not limited to, emergency services, utilities, sewers,taxes,
flood and wind insurance, recycling, yard waste composting, and water quality. SSPOA
also maintains common-area landscaping, encourages a neighborhood watch, and
supports local charities and non-profit organizations on behalf of its members interests.
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Attachment VII
DEP0191
17. SSPOA volunteers have been collecting samples for testing the quality of the water
surrounding Sugarloaf Shores since 1999. The University of Florida Lakewatch Water
Quality Program tests the water quality samples for nutrients such as Nitrogen and
Phosphorus, Chlorophyll, Fecal Coliforms,Turbidity and Salinity.
18. Sugarloaf Shores is located between the surface water bodies of Upper Sugarloaf Sound
and Lower Sugarloaf Sound, approximately five miles from the Cudjoe Wastewater
Treatment Plant. Almost all properties have canal frontage, many with boat ramps, lifts or
davits, as the location provides access to the backcountry and the ocean. Bow Channel is
an immediately adjacent fishing area. The area is renowned for its backcountry fishing.
Several property association members are fishing guides in this area which has been a
well-known fishing destination for years.
19. Members of SSPOA spend much time boating, fishing, snorkeling and diving, and
otherwise recreating in the near shore waters and beyond in the Florida Keys National
Marine Sanctuary (FKNMS).
20. All Members of SSPOA will be adversely and immediately affected by the proposed
agency action to permit effluent disposal in four shallow wells. Degradation of the
surface waters caused by the quantity, salinity and nutrients present in the effluent will
adversely affect water resources and marine life resources. This degradation will
negatively affect the quality of life of all of the SSPOA members, and negatively impact
their ability to participate in recreational activities such as fishing, swimming, boating,
snorkeling, diving,wildlife watching, and eating locally caught seafood, which in turn
will negatively affect the value of their property.
21. SSPOA President, Charles Licis, represents the interests of its association member
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Attachment VII
DEPO1 92
property owners. The subject matter of the challenged proposed activity is within the
association's general scope of interest and activity. The relief requested in this Second
amended petition is authorized and appropriate for SSPOA to request and receive on
behalf of its members.
22. SSPOA is represented by undersigned Counsel, Diana Lee Davis, Legacy Matters, PA,
800 Village Square Crossing Suite 348, Palm Beach Gardens, FL 33408, phone (561)
207-6191 fax (561) 656-2099; eservice at LeeacvMatters( outlook.com.
RESPONDENT
23. Respondent, Florida Keys Aqueduct Authority ("FKAA"), funded by Monroe County,
is the Permit Applicant for the Cudjoe Key Wastewater Treatment Plant
("CKWTP").
AGENCY
24. The agency affected by this Second Amended Petition is the Department of
Environmental Protection ("DEP").The DEP's agency headquarters and main address
is Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 and the
DEP district office address is 2295 Victoria Avenue, Suite 364, Fort Myers, Florida
33901. The DEP's identification number for this matter is Wastewater Treatment Permit
#FLA671932-001; Permit(s): DEP PROPOSED PERMIT#: FLA671932-003-DWIP;
DEP UIC PERMIT #295404-020,021,022,and 023; (prior DEP FLA671932-001;
295404-001, 002,003, and 004) The subject matter and activity is located on Cudjoe Key
within Monroe County, Florida.
FLORIDA LAW WARRANTS REVERSAL OR MODIFICATION OF
AGENCY'S PROPOSED ACTION
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Attachment VII
DEP0193
25. The Legislature enacted in 99-395 Laws of Florida, a three pronged approach to address
nutrient enrichment and other pollutant from wastewater treatment in the Florida Keys,
based on centralized wastewater treatment facilities. The requirements for these regional
wastewater treatment plants is codified in Section 403.086(10), F.S. and involves
treatment technology, discharge injection well depth, and water quality assurance.
I. Treatment Technology-Advanced Wastewater Treatment levels for all
wastewater treatment plants that have a design capacity of > 100,000 gallons per
day. Section 403.086(10) (d), F.S.
2. Discharge Injection Well Depth— Section 403.086(10)(e), F.S.
a. Deep Well injection for all wastewater treatment plants with design
capacity of > 1,000,000 gallons per day. (Minimum depth of 2000 feet)
b. Shallow Well injection for wastewater treatment plants with design
capacity of< I MGD. (No minimum depth.)
3. Water Quality Assurance to be implemented by DEP—Section 403.086(I0)(h),
F.S., even if otherwise in compliance with this subsection, if the discharge will
cause or contribute to a violation of state water quality standards,the department
shall:
I. Require more stringent effluent limitations;
2. Order the point or method of discharge changed;
3. Limit the duration or volume of the discharge; or
4. Prohibit the discharge(Emphasis added)
4. The Department was given the authority to adopt rules to carry out this
subsection, which it did with rules such as Rule 62-528.630(7),F.A.0
10
Attachment VII
DEP0194
"all Class V Group 3 wells designed to inject domestic wastewater in Monroe County
shall be required as part of the operation permit application to provide reasonable
assurance that the operation of the [UIC] well will not cause or contribute to a
violation of surface water standards as defined in Chapter 62-302, F.A.C."
Additionally, due to the location of CKWTP discharge into groundwater adjacent to
Outstanding Florida Waters, Rule 62-4.242(1)(c),F.A.C., requires the permit
applicant to demonstrate that:
"[u]se of other discharge locations,which would reduce adverse impacts on water
quality is not economically and technologically reasonable."
5. To the extent that permit renewal requirements of Rule 62-620.335(5)(b)(c)and
(g), apply, they support the Department's denial of the renewal of the construction
and operation permit which will allow CKWTP to begin operation. Specifically,
(5)(b)the Applicant is required to fully disclose and not misrepresent relevant
facts; (5)(c)the permitted activity must not endanger human health or the
environment; (5)(g) Applicant is required to provide reasonable assurances that
the permitted activity will be operated within the requirements of Chapter 403 and
applicable rules (which ties this rule section back to paragraphs 1-4 statutory
requirements above, and requirements specific to Monroe County, Areas of
Critical State Concern, and Outstanding Florida Waters).
"DESIGN CAPACITY" STATEMENT OF LAW AND FACTS
STATUTES and RULES
26. Chapter 99-395 Laws of Florida, codified as Florida Statutes 403.086 (10), regarding
treatment and disposal of wastewater in Monroe County, states:
"(e)(2)....if the design capacity of the facility is equal to or greater than I million
gallons per day, each primary injection well must be cased to a minimum depth of
2,000 feet or to such greater depth as may be required by department rule."
II
Attachment VII
DEP0195
27. DEP adopted rules to implement the provisions and requirements of Section 403.086,
F.S., among others, stating:
"...The Department may issue a permit only after it receives reasonable
assurance that the installation will not cause pollution in violation of any of the
provisions of Chapter 403, F.S., or the rules promulgated thereunder." Rule 62-
4.030 F.A.C.
"Unless specifically provided otherwise, no wastewater permit shall be issued or
renewed unless the permit applicant demonstrates that the subject facility is in
compliance with the applicable provisions of this chapter." Rule 62-600.100(9),
F.A.C.
28. Rule 62-600.200 F.A.C., ("definitions") defines "design capacity" as
(19) "Design capacity" means the average daily flow projected for the design
year which serves as the basis for the sizing and design of the wastewater
facilities. The design capacity is established by the permit applicant. The time
frame associated with the design capacity (e.g., annual average daily flow,
maximum monthly average daily flow,three-month average daily flow)shall be
specified by the permit applicant. (Emphasis added.)
29. Rule 62-604.300, F.A.C. ("General Technical Guidance and Related Rules")generally
requires compliance with the technical standards and criteria contained in the listed
standard manuals and technical publications. This list includes "The Recommend
Standards for Wastewater Facilities"2004 Edition.'
30. "The Recommended Standards for Wastewater Facilities" requires wastewater facilities
to be sized and designed to address critical seasonal high hydraulic loading periods.
11.241 Flow Definitions and Identification: The following flows for the design
year shall be identified and used as a basis for design for ... facilities.....
a. Design Average Flow: The design average flow is the average daily volumes
to be received for a contnuous 12 month period expressed as a volume per unit
time. However, the design average flow for facilities having critical seasonal
high hydraulic loading periods (e.g., recreational areas, campuses, industrial
facilities)shall be based on the daily average flow during the seasonal period.
(Emphasis added.)
See hllp://www.den.state.fl.nslwatertwasleaaterldocs'I Ostatestandards waslewaler-odt. Recommended Standards
for Wastewater Facilities, 2004 Edition,Published by Health Research,Inc.,Albany,N.Y.
12
Attachment VII
DEP0196
31. Consistent with the technical standard regarding seasonal flow in"The Recommended
Standards," DEP's wastewater design requirements contained in Rule 62-600.400 F.A.0
("Design Requirements") include the requirement that the time frame for design capacity
selected by the permit applicant must reflect seasonal flows.
(3)(a)The permittee shall establish the design capacity of a wastewater facility in
the permit application and shall specify the time frame(e.g., annual average daily
flow, maximum monthly average daily flow,three-month average daily flow).
The time frame selected shall reflect seasonal variations inflows, if any.
(Emphasis added.)
DISPUTED ISSUE OF MATERIAL FACT—PERMITTED CAPACITY IS NOT
DESIGN CAPACITY
32. Beginning in December, 2008 through June,2014, DEP operated on the principle that
the statutory 1 or more MGD trigger mandating a deep well was based on "permitted
capacity" rather than "design capacity."
• "permit the plant for a lesser capacity such that the 3 month, max month rolling
average would not exceed 1.0 mgd." 2 3 [December, 2008]
• `...with a permitted capacity less than 1.0 mgd, shallow injection wells can be
installed and utilized for disposal of high quality effluent in accordance with
Chapter 99-395 of the Laws of Florida.4 [April, 2009]
• "Under these conditions (< 1.0 mgd), the permitted shallow injection wells will
continue to be acceptable for disposal of advanced treatment effluent under FL
Chapter 99-395.."5 [March,2014]
33. In its July, 2014, Intent to Issue Permit Notice, DEP concludes that the design capacity is
whatever the permit applicant says it is. If the permit applicant says it is less than I mgd,
then no deep well is required."
2 Exhibit A-2: 2009 Original Application,Meeting Memorandum,page 2 or page 4 of 335.
DEP rules do not contain a definition of"3-month,max month,rolling average"nor is it used again in the CKWTP
permitting process.
4 Exhibit A-I: 2009 Original Application,Cover Letter,page 1 paragraph 2 or page I of 335.
5 Exhibit G-I: 2014 Renewal Application,Cover Letter,page I,page 1 of 49.
6 Exhibit M-3: DEP Intent to Issue In the Matter of a Permit by Florida Keys Aquaduct Authority, July, 2014_ See
pdf pages 37-38.
13
Attachment VII
DEP0197
"As authorized by Rule 62-600.200, F.A.C., the permit applicant established the design
capacity to be 0.94 million gallons per day, annual average daily flow. As authorized by
Rule 62-600.200, F.A.C., the applicant specified the time frame associated with the
design capacity to be annual average daily flow.
Since the design capacity is less than I million gallons per day, injection wells cased to a
minimum depth of 2,000 feet are not required by Section 403.086(10)(e). F.S."
34. Petitioners assert that the statutory and rule interpretation by the Department is clearly in
error. No substantial justification exists for Department issuance of the wastewater
treatment plant permit or disposal well permits based on permitted capacity and not
design capacity.
WELL DEPTH DRIVEN BY "DESIGN" CAPACITY NOT "PERMITTED" CAPACITY
CKWTP INFLUENT DESIGN BASIS
35. The Cudjoe Key Wastewater Treatment Plant and Disposal Wells are designed to provide
regional wastewater treatment and disposal for the first time to residential and
commercial customers on a chain of islands in the lower Florida Keys between Big Pine
and Lower Sugarloaf Keys (MM 34 to MM 16). This facility is also called in the
applicant's permit the Cudjoe Regional Advanced Water Reclamation Facility or"Cudjoe
Regional,"which herein will be referenced as "CKWTP."
36. CKWTP was sized and designed in 2008 to serve the area for twenty years. The size and
design was based on wastewater flow projections by FKAA's original wastewater
engineering design firm, Black& Veatch, made in reliance on Influent Design
Parameters established by its subcontractor, Brown and Caldwell. The Influent Design
Parameters were based on water sales data provided by FKAA.7
37. To prepare for the submission of applications to construct and operate the Cudjoe
Regional facility, Black& Veatch, FKAA's wastewater design engineer, issued a
'Exhibit A-5: 2009 Original Application-Brown and Caldwell Draft Influent Design Technical Memorandum. See
page 201 of 335.
14
Attachment VII
DEP0198
Technical Memorandum first issued and dated November 13, 2008,entitled "Influent
Design Basis."8
38. This memorandum laid out the following design flows that would be used for designing
Cudjoe Regional.' Although the projections were inflated for growth until 2028, the
projections were limited to the reach of the sewer system as described in the 2000
Monroe County Sanitary Master Plan (`hot spots")10. Likely extensions of the sewer
system were not included.''
Design Flow Startup Design"
(mgd) (mgd)
Average Annual Flow'3 0.15 0.94
Three-Month Average Flow 0.17 1.07
Maximum Month Flow 0.19 1.18
Peak Day Flow 0.37 2.35
Peak Hour Flow 0.49 3.09
39. This memorandum also stated: "All facilities and flows downstream of the equalization
system will be designed for 2.35 mgd."
DEP RESPONSE TO APPLICANT'S INFLUENT DESIGN BASIS
40. A pre-application meeting with DEP was held on December 10,2008. According to the
Black& Veatch meeting notes14, DEP told FKAA that the disposal well would have to be
cased to 2,000 feet or more based on the technical memorandum provided by Black &
s Exhibit A-6: 2009 Original Application-Black&Veatch: Influent Design Basis Technical Memorandum.
Issued: November 13,2008;Latest Revision: April 15,2009. See page 241 of 335
°Ibid.
10 See Monroe County Sanitary Master Plan, 2000.Page 3-22. hnpH/www.monroccounty-
tLgov/DocumeniCenter/lIonic/View/1 117
Exhibit A-5: 2009 Original Application-Brown and Caldwell Draft Influent Design Technical Memorandum,
page 202 of335.
"Design"refers to the"Design Year"of2028,the 20 year planning horizon.
Is Although Black&Veatch describe this line as"average annual flow"the more complete description consistent
with DEP definitions is"annual average daily flow."
19 Exhibit A-2: 2009 Original Application-Preapplication Meeting Memorandum,page 2 or page 4 of 335. See
also page 6 of 335 for list of attendees.
15
Attachment VII
DEPO1 99
Veatch outlining the anticipated flows and loads, which projected the maximum flow
leaving the plant to be 2.35 mgd.
"DEP stated that based on the memorandum the maximum flow leaving the plant will be
2.35 mgd and therefore will require deep well injection in accordance with the Chapter
99-395."
41. When Black&Veatch asserted that the annual average daily flow would be .94 mgd.
"DEP responded and stated that most shallow wells in the Florida Keys are only
operational when the tide is receding. DEP cited several plants with shallow wells that
do not work. 15
42. Nevertheless, the parties discussed the matter and DEP agreed to allow disposal wells
cased to only 80 feet if the plant was permitted for something less than 1 MGD, in spite
of the statutory requirement to case wastewater disposal wells in Monroe County to a
minimum of 2000 feet when the design capacity was 1 million gallons a day or more.
"After a lengthy discussion over deep wells versus shallow wells,the following was
concluded:
• The DEP would permit the facility on a 3-month, max month, rolling averagelb
• FKAA would build the plant to treat 0.94 mgd ADF with shallow injection wells
and permit the plant for a lesser capacity such that the 3-month, max month
rolling average would not exceed 1.0 mgd.
• A single deep well would be constructed if the 3-month, max month rolling
average is anticipated to exceed 1.0 mgd based on a Capacity Analysis Report.
The shallow wells built during the initial plant construction will be utilized as a
backup to the deep well."17
CKWTP APPLICATION: DESIGN CAPACITY IS 1.07 MGD THREE MONTH
AVERAGE DAILY FLOW
15 Ibid.
16 DEP rules do not contain a definition of"3-month,max month,rolling average"nor is it used again in the Cudjoe
Regional permitting process.
17 Exhibit A-2: 2009 Original Application—Preapplication Meeting Memorandum,page 2 or page 4 of335.
16
Attachment VII
DEP0200
43. On April 23, 2009, FKAA filed its original Application for permits to construct and
operate the "Cudjoe Key Wastewater Treatment Facility". This facility consisted of a 5-
stage Bardenpho process and"effluent disposal via Class 5 shallow injection wells." 18
44. Black& Veatch, in its cover letter submitting the original Application, cited DEP's
earlier agreement to explain the application for shallow well permits.
... based on the preapplication meeting conducted in your office on December 10,
2008, we are requesting that the plant be permitted at 0.84 mgd three month average
daily flow (TMADF).....Additionally, with a permitted capacity less than 1.0 mgd,
shallow injection wells can be installed and utilized for disposal of hi h quality
effluent in accordance with Chapter 99-395 of the Laws of Florida."' 20
45. The original Application included the DEP Form 2A in which FKAA listed the design
capacity of both the treatment plant and each of the four disposal wells to be 1.07 million
gallons per day(mgd), three month average daily flow2I 22.
46. The original Application also included Black and Veatch's Preliminary Design Report
(PDR) for the treatment plant and four disposal wells. According to the PDR:
• The treatment plant was sized and designed to treat the projected maximum
month average daily flow of 1.18 million gallons per day.2
• Each of the four shallow disposal wells were sized and designed for 1.1 million
gallons per day.
"...it is likely peak-day flows of 2.35 mgd(1,645 gpm) or more will be handled at
the treatment plant,the flow will be split between the two planned,"primary"
disposal wells..."24
Table 3-25 Underground Injection Wells Design Criteria: Number 4; Capacity,
each 1.1 mgd. 25
15 Exhibit A-3: 2009 Original Application—DEP Form 2A,page 2A-I or page 10 of 335.
19 Exhibit A-I: 2009 Original Application—Black&Veatch cover letter,page I,page I of335.
00 Chapter 99-395 of The Laws of Florida was later codified in 403.086(10)F.S.
21 Exhibit A-3: 2009 Original Application—DEP Form 2A,at page 2A 2,2A 3 and 2A 6(or 27,28 and 36 of 335).
2'(76)"Three-month average daily flow"means the total volume of wastewater flowing into a wastewater facility
during a period of three consecutive months,divided by the number of days in this three-month period and
expressed in units of mgd... 62-600.200 Definitions F.A.C.
23 Exhibit A-6:2009 Original Application—Black&Veatch Preliminary Design Report, Figure 2-3,page 79 of335
24 Exhibit A-6:2009 Original Application—Black and Veatch Preliminary Design Report,Page III of335
25 Exhibit A-6:2009 Original Application—Black&Veatch Preliminary Design Report, Table 3-25,page Ill of
I7
Attachment VII
DEP0201
47. August,2009, DEP issued its notice of intent to permit the Cudjoe Key wastewater
treatment plant for .84 million gallons per day, three month average daily Flow 26
48. Applying its theory that the "permitted capacity" rather than the "design capacity" was
the trigger to make casing the wells to 2000 feet mandatory, DEP issued its notice of
intent to permit four shallow disposal wells(two primary, two back up) for a total
maximum daily permitted disposal capacity of.94 million gallons per day.2'
49. By letter dated August 26, 2009, FKAA asserted that it intended to file a petition seeking
an administrative hearing regarding the proposed limits on the disposal wells.28
50. Thereafter, DEP increased the permitted disposal capacity from a total of.94 million
gallons per day, to .94 million gallons per day for each of the four wells,providing a total
permitted disposal capacity of 4.4 million gallons per day.29
51. The original treatment and disposal permits were issued September 21, 2009, for a period
of 5 years30. FLA671932-001-DWIP There was no substantial justification for the
issuance of the original treatment and disposal permits given the design capacity of the
plant>1 mgd, and the failure to provide notice in the County where the facility is located.
ANALYSIS OF SUSPECT COLD-SPOTS DEMONSTRATES 1.046 MGD AADF
52. In its draft and final Technical Memoranda entitled "Influent Design Parameters
Development," Brown and Campbell, subcontractor to Black& Veatch, FKAA's
335
2e Exhibit B: 2009 DEP Intent to Issue
1'Ibid,page 6 of 35.
36 Exhibit C: FKAA Letter,Challenges Intent to Issue,August 26,2009.
$9 Exhibit D: 2009 DEP Final Permit.
10 Exhibit D: 2009 DEP Final Permit
18
Attachment VII
DEP0202
original wastewater engineer design firm, projected the annual average daily flow for
2028,the design year,to be 1.046 million gallons per day.31 32
53. This projection was made by looking at water sales to users based on the:
• reach of the sewer system as outlined in the Monroe County Sanitary Wastewater
Master Plan (2000) ("hot spots"),
• likely expansions of the sewer system (e.g. Big Pine Key Plaza shopping
center)("suspect cold spots"or"warm spots"),
• projections of growth of housing on the sewer system (1/2 of one percent per
year),
• reduced by 20% for irrigation based on the assumption that all vegetation on the
properties were irrigated, and
• adding 5%(not cumulative) for incursions and intrusions to the system.
54. Brown and Campbell was directed by FKAA to make projections based on the 'hot spots'
to be connected by sewer as laid out in the 2000 Monroe County Sanitary Master Plan.
55. Brown and Campbell noted that there were areas that they suspected would likely be
added to the reach of the sewer system in the near future during infrastructure
development. These were termed "suspect" Cold-Spots.
56. FKAA told Brown and Campbell not to include the wastewater flows associated with
these likely expansions when making its projections. As reported in the Brown and
Campbell Draft Technical Memorandum 1 —Cudjoe-Summerland Influent Design
Parameters September 29. 2008,
"There were several of these "suspect" Cold-Spots; and one of the most notable is
the Big Pine Plaza Shopping Center which is presented in Figure 2. BC was
asked by FKAA not to include these suspect Cold-Spots in the flow calculations;
however, BC was asked to evaluate the general impact on the projected flows if
the flows from these Hot-Spots were added at a later date. This information is
presented later in this TM."
31 Exhibit A-4: DRAFT Influent Design Parameters Development. Missing tables showing'suspect cold spot'
flows.
3'Exhibit F: Brown and Caldwell Final Tech Memo.
19
Attachment VII
DEP0203
57. Although the Brown and Caldwell memo says that flow information relating to the likely
expansion of the collection system was presented later in the Technical Memorandum,
this flow information was not included in the version of the Draft Technical
Memorandum 1 that Black& Veatch filed with the original Permit Application on April
22,2009.
58. Public Records Requests were made of FKAA over the summer and fall of 2014 to obtain
the projected flows associated with the "suspect" Cold Spots which were not included in
the version of the Draft Technical Memorandum filed with the April 20,2009, permit
application. FKAA did not provide this information."
59. This information has since been uncovered in DEP's Cudjoe Key Collection System
permit file. The average annual daily flow projected by Brown and Caldwell for 2028
was 1.046 mgd. The Schematic Design Report for the Cudjoe Regional Wastewater
Transmission System (October 2009)34 prepared by CH2MHill for FKAA, states:
• "the combined flow from hot and warm spots are used as the design basis for the
CRWTS." (ES-I)
• "The design flow rates were calculated based on the estimated year 2028 ADF
values of hot spots and warm spots, as presented in Tables 9-H and 9-W of Brown
and Caldwell April 25, 2009, Cudjoe-Summerland WWTP Influent Design
Parameters Development: Technical Memorandum No. I..." (2-1)
DESIGN YEAR FLOWS AT PERMIT RENEWAL KNOWN TO BE 1.046 MGD
AADF
60. Black&Veatch, FKAA's original wastewater system designer would have known that
the projected annual average daily flow was 1.046 MGD, yet it designed the Wastewater
Treatment and Disposal facilities on the basis of the narrower reach of only the then 'hot
spots' (0.94 MGD AADF). This occurred at the same time CH2MHill was designing the
"E-mail exchange between Jan M.Edelstein,citizen,and others,and FKAA.
"Exhibit F: Brown and Caldwell Final Tech Memo.
20
Attachment VII
DEP0204
transmission system on the basis of the more realistic reach of the 'hot and warm spots'
(1.046 MGD AADF).
61. The collection system has been designed and is being built to reach more areas than the
original hot spots. In DEP's 2008 Report to the Department of Community Affairs, DEP
estimated there would be 7400 equivalent dwelling units served by the new Cudjoe
wastewater treatment plant 35 In September, 2014, FKAA reported that the current
number of equivalent dwelling units in the Cudjoe service area was 9060.36
62. FKAA submitted its application to renew the Cudjoe Keypermits under cover letter dated
March 17, 2014.37 FKAA again recites the DEP agreement to use the permitted
capacity as the trigger for deep wells as the rationale for submitting applications for
shallow rather than deep wells:
"The proposed facility remains as the previously permitted 0.84 three month average
daily flow (TMADF)plant .... Under these conditions (<1.0 mgd),the permitted
shallow injection wells will continue to be acceptable for disposal of advanced
treatment effluent under FL Chapter 99-395.,38
63. In spite of the increased reach of the collection system by 2014, and in spite of having
failed to report the projected AADF of 1.046 MGD to DEP in 2009, FKAA certified in its
2014 Renewal Application that there were no changes to the system and relied on the
2008 projections for the then hot spots only. The failure to disclose fully all relevant
facts or the misrepresentation of facts, as stated here,warrants Department denial of the
renewal of the CKWTP construction and/or operation permits that are being renewed.
Rule 62-620.535(5)(b),F.A.C.
"DEP Report to the Department of Community Affairs 10-Year Work Program for Monroe County Florida Keys
Wastewater Improvements,April 2008. Page 15. http /dcp.state.11.us/south/Keys/Keys_Report_to_DCA_04-22-
O8.pdf
36 Exhibit P: FKAA E-mail to Commissioner David Rice,September 9,2014.
"Exhibit G-I: 2014 Renewal Application,Cover Letter.
38 Ibid.
21
Attachment VII
DEP0205
64. By letter dated April 7, 2014, DEP requested additional information. Among other
things, it requested the submission of completed DEP Form 62-528.900, (I), which is an
application permit for operation of each of the four shallow disposal wells. Because DEP
is making a decision on a permit application for a new operation permit for the UIC
wells, it is a new permit and not a permit renewal as per Rules 62-4.090 and 62-620.335,
F.A.C.
65. CH2MHill, FKAA's current wastewater design engineer, submitted 4 separate
applications for an operation permit for the four disposal wells under cover letter dated
May 7,2014. Each application stated that its well would:
"dispose of advance treated domestic wastewater effluent into the Key Largo and Miami
Oolite formations at a maximum rate of 0.94 MGD or 653 gpm.i39
66. By letter dated May 29, 2014, DEP requested additional information from FKAA.
Among other things, DEP pointed out the 1.07 MGD design capacity stated in Form 2A
and observed:
"If the design capacity of the facility is equal to or greater than 1 million gallonser day,
each primary injection well must be cased to a minimum depth of 2,000 feet...." °
67. CH2MHILL submitted a document titled Cudjoe Regional Advanced Water Reclamation
Facility Biosolids Storage/Management Plan dated May 2014 ("the Plan"). Item I of the
Plan proposes to have biosolids from Layton and Duck Key managed at CKWTP. Item
3 of the Plan allows FKAA to transport and manage the biosolids from Layton, Duck
Key, Bay Point, Key Haven and Big Coppitt,at CKWTP, if the Big Coppitt centrifuge
should become inoperative. The additional wastewater flows from outside the service
territory and the additional pollutant loading from all of the wastewater treatment plants
39 Exhibit I: FKAA Response to RAI I.
i0 Exhibit 1: DEP RAI#2,May 29,2015.
22
Attachment VII
DEP0206
managed by FKAA (including metals and other toxins from this most highly concentrated
form of waste from the treatment plants)to CKWTP have not been considered by the
applicant or DEP in its treatment calculations or design capacity flows. POA Petitioners
object to the management of these biosolids from outside the CKWTP Service Territory
at the CKWTP.
68. Responding on behalf of FKAA to DEP's second request for additional information, by
cover letter dated June 16, 2014, CH2MHill submitted new Form 2As for the four
wells 41 These Form 2As replace the number 1.07 with the number 0.94 in the space
provided for design capacity. The time frame selected is also changed, from Three
Month Average Daily Flow to Annual Average Daily Flow.
69. In its cover letter, CH2MHill explains that the .94 mgd AADF shown on the revised
Form 2A is the permitted capacity. CH2MHill acknowledges that the 1.07 mgd on all of
the prior Form 2As represents the design condition in 2028,that is,the average daily flow
for which the facility was sized and designed.
"The 1.07 MGD referred to in Form 2A of both the original permit application and
the Form 2A submitted with the response to RAI#1 refers to the 3 Month Average
Annual Daily Flow(TMAADF) for the design condition in 2028. The 0.94 MGD is
the Average Annual Daily Flow(AADF)the plant(and the wells) are being permitted
for. The Form 2A submitted with this response has been change(sic)to reflect only
the 0.94 MGD AADF figure." [Emphasis in the original.] 42
70. The June 16, 2014, letter to DEP from CH2MHill also included an amended Application
to Renew the Treatment Permit by increasing the permitted capacity from .84 mgd
TMADF to .94 mgd AADF.
41 Exhibit L: FKAA Response to RAI#2-Revised Form 2A,dated June 5,2014,submitted June 16,2014.
i2 Exhibit K: FKAA Response to RAI#l Cover Letter,dated April 16,2014,Page 2.
23
Attachment VII
DEP0207
71. On July 14, 2014, DEP provided its Notice of Intent to Issue permits for Cudjoe
Regional, including permitting four shallow wells at.47 MGD each(total primary and
backup capacity of 1.88 MGD) cased to 80 feet.
ULTIMATE FACTS APPLIED TO CKWTP-DEMONSTRATING "DESIGN
CAPACITY" CKWTP> 1 MGD
72. Throughout the original and renewal permiting processes, FKAA has stated in the DEP
Permit Application Form 2A that the design capacity is 1.07 MGD Three Month
Average Daily Flow (TMADF).43 As recently as the June 16, 2014, submission to DEP,
FKAA's current wastewater design engineer pointed out that the design capacity is 1.07
MGD, while .94 MGD AADF is the permitted capacity.44
"The 1.07 MGD referred to in Form 2A of both the original permit application and
the Form 2A submitted with the response to RAI#I refers to the 3 Month Average
Annual Daily Flow (TMAADF) for the design condition in 2028. The 0.94 MGD is
the Average Annual Daily Flow(AADF) the plant(and the wells) are being permitted
for. The Form 2A submitted with this response has been change (sic) to reflect only
the 0.94 MGD AADF figure." [Emphasis in the original.]
73. According to the Preliminary Design Report submitted to DEP and signed and sealed by
FKAA's original wastewater design engineer, Black& Veatch, the treatment facility is
sized and designed to achieve the permit limits during the Maximum Month with average
daily flows of 1.18 MGD 45 Figure 2-3 identifies both"Stream I- Raw Wastewater" and
"Stream 20- Filter Effluent to Disposal Wells"as 1.18 million gallons per day.
44 Exhibit A-3: 2009 Original Application-DEP Form 2A dated April 20,2009 pages 28,31,and 46 of 335;2014
Renewal Application(Treatment)-DEP Form 2A dated March 18,2009 pages 3,6,and 21 of 49.
44 Exhibit K: FKAA Response to RAI#2-Cover Letter dated June 16,2014,page 2,answer to Question#3,
explaining the change on the revised Form 2A of 1.07 MGD to.94 MGD.
i5 2009 Original Application,Preliminary Design Report, Figure 2-3,Cudjoe Key WWTP Flow and Mass
Balance, Design Maximum Month Flow and Loads. Page 79 of 335.
24
Attachment VII
DEP0208
74. In other descriptions of the facility, the FKAA has stated that the plant is designed for .94
MGD Average Annual Daily Flow(AADF). Obviously, a plant which is sized and
designed to be large enough to handle the peak day flow of 2.35 mgd, the maximum
month flow of 1.18 mgd and the three month average daily flow of 1.07 mgd, is also
sized to handle the annual average daily flow of.94 mgd.
75. At the time the application to renew the operation permit was made, DEP was aware that
the sewer system would reach many more users than originally planned, and was aware
that the transmission system had been sized, designed and was being built on the basis of
a 1.046 MGD AADF. Nevertheless, it did not require FKAA to submit current, updated
influent design parameters as required by DEP rules.
Rule 62-600.405(5), F.A.C., "Planning for Wastewater Facilities Expansion" requires
at a minimum, that an updated capacity analysis report be submitted "each time the
permittee applies for an operation permit or renewal of an operation permit..."
76. It is only through the efforts of the all of the petitioners and other members of the public
that the engineers' determination in 2008 of 1.046 MGD as the annual average daily flow
has become known. This is a failure of the Applicant to disclose fully all relevant facts
and is a reason for DEP to deny the permit. Rule 62-620.535(5)(6), F.A.C.
77.Absent any facts to the contrary, it can be assumed that the engineers' projection of an
annual average daily flow in excess of I MGD was hidden in 2008 and 2014 for the
improper purpose of avoiding the costs of designing,permitting and constructing a well
cased to a minimum of 2000 feet. FKAA claimed in the fall of 2014 that such a well
would cost between $6 million and$8 million and take two years or more to complete.
78. The projection,however, made in 2008 for the annual average daily flow anticipated for
planning purposes in 2028 is not relevant to the statutory provision mandating a deep
25
Attachment VII
DEP0209
well. The definition of"design capacity" turns on the average daily flow for which the
facilities were sized and designed and now built. Although the permit applicant is free to
select its planning horizon,the flow used for sizing and designing the plant must reflect
the seasonal variations in wastewater flow in the Florida Keys.
79. The treatment plant for which the engineering certification provided reasonable assurance
that the plant will achieve the advance wastewater treatment standards was sized,
designed and built for the maximum monthly flow of 1.18 MGD. The primary wells of
the disposal system were sized,designed and built to accept 2.2 MGD.
80. William H. Lynch, Professional Engineer, with wastewater treatment plant permitting
experience in the Florida Keys, reviewed the FKAD application and DEP permitting file
and concluded that the design capacity for the CKWTP is> 1 MGD 46
81. CKWTP Disposal wells must be cased to a minimum of 2000'. DEP does not have the
authority to issue permits for primary disposal of wastewater into wells cased only to 80'.
Section 403.086(10)(e),F.S.
"OPERATION OF SHALLOW WELLS WILL CAUSE OR CONTRIBUTE
TO VIOLATION OF WATER QUALITY STANDARDS"
WATER OUALITY STATUTES and RULES
82. Chapter 99-395 Laws of Florida was codified in 2010 as Florida Statute 403.086 (10).
Regarding the impact of advanced wastewater treatment facilities on water quality in Monroe
County, it states:
Section 403.086 (10)(h), F.S. "If it is demonstrated that a discharge, even if the
discharge is otherwise in compliance with this subsection, will cause or contribute to
a violation of state water quality standards,the department shall:
(1) Require more stringent effluent limitations;
(2) Order the point or method of discharge changed;
46 EXHIBIT N—William H. Lynch,P.E.,GEI Consultants, letter opinion dated November 6,2014,on design
capacity.
26
Attachment VII
DEP0210
(3) Limit the duration or volume of the discharge; or
(4) Prohibit the discharge."
83. Regarding treatment of wastewater in Monroe County, Section 403.086 (10)(d)(I), F.S.,
requires that wastewater treatment plants produce an effluent that contains no more than 3
milligrams of Total Nitrogen per liter(N of 1/mg) and no more than 1 milligram of Total
Phosphorous per liter (P of 1/mg). This standard is known as Advanced Wastewater
Treatment or A W T.47
84. To implement the provisions and requirements of Section 403.086, F.S., among others, DEP
promulgated 62-302.530, Criteria for Surface Water Quality Classifications.
85. DEP established five classifications of water bodies, including"Class III: Recreation,
Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish and
Wildlife." The surface waters surrounding CKWTPare designated Class III waters.
86. DEP also established limits and minimums for 70 constituents or compounds that might be
present in the surface water, including the following:
Parameter Class III Predominately Marine Waters
(11) BOD (Biochemical Shall not exceed....in no case shall it be great enough to
Oxygen Demand) produce nuisance conditions
(18) Chlorine <0.01
(30) Dissolved Oxygen Shall not average less than 5.0....
(46)Nuisance Species Substances in concentrations which result in the
dominance of nuisance species: none shall be present.
(47)(a)Nutrients The discharge of nutrients shall continue to be limited
to prevent violations of other standards contained in this
chapter. Man—induced nutrient enrichment(total
nitrogen or total phosphorus) shall be considered
degradation...
(47)(b)Nutrients In no case shall nutrient concentrations of a body of
water be altered so as to cause an imbalance in natural
populations of aquatic flora or fauna.
(51)(c)pH (Class III Waters) Shall not vary more than ....
(61) Substances in None shall be present.
47 This standard applies to wastewater facilities sized and designed for 100,000 gallons or more.
27
Attachment VII
DEP0211
concentrations which injure,
are chronically toxic to, or
produce adverse
physiological or behavior
response in humans, plants
or animals.
87. As a result of an extensive regulatory, litigation and study process, in 2012, DEP clarified
the `Narrative Nutrient Criterion' contained at 62-302.530 (47)(b) (see above.) It did this by
establishing "Estuary-Specific Numeric Interpretations" for 37 estuaries and streams,
including 6 segments of the Florida Keys. CKWTP is located over and adjacent to the
waters of the "Back Bay" segment for which the following nutrient criterion were
established as maximum limits48.
Total Phosphorous Total Nitrogen Chlorophyll a
.009 mg/L 0.25 mg/L 0.3 ug/L
88. To put the low criteria for "Estuary-Specific Numeric Interpretations" for nitrogen of 0.25
mg/L, into context, the drinking water standard for nitrogen is 10.00 mg/L. Rule 52-
550.310(1)(b),F.A.C.
89. DEP's rulemaking for the Estuary-Specific Numeric Interpretations included these findings
at Rule 62-302.300 F.A.C.:
(13)The Department finds that excessive nutrients (total nitrogen and total phosphorus)
constitute one of the most severe water quality problems facing the State. It shall be the
Department's policy to limit the introduction of man-induced nutrients into waters of the
State. Particular consideration shall be given to the protection from further nutrient
enrichment of waters which are presently high in nutrient concentrations or sensitive to
further nutrient concentrations and sensitive to further nutrient loadings.Also,particular
consideration shall be given to the protection from nutrient enrichment of those waters
presently containing very low nutrient concentrations: less than 0.3 milligrams per liter
total nitrogen or less than 0.04 milligrams per liter total phosphorus.
(15) Pollution which causes or contributes to new violations of water quality standards or
to continuation of existing violations is harmful to the waters of this State and shall not be
allowed. Waters having water quality below the criteria established for them shall be
ie 62-302.532(g)(I)F.A.C.
28
Attachment VII
DEP0212
protected and enhanced. However, the Department shall not strive to abate natural
conditions.
(16) If the Department finds that a new or existing discharge will reduce the quality of the
receiving waters below the classification established for them or violate any Department
rule or standard, it shall refuse to permit the discharge.
90. Outstanding Florida Waters are subject to an anti-degradation water quality standard and
mixing zone limitations.
Special Protection, Outstanding Florida Waters,Outstanding National Resource
Waters."(1) It shall be the Department policy to afford the highest protection to
Outstanding Florida Waters and Outstanding National Resource Waters.No degradation
of water quality,other than that allowed in subsections 62-4.242(2)and(3),F.A.C., is to
be permitted in Outstanding Florida Waters and Outstanding National Resource Waters,
respectively, notwithstanding any other Department rules that allow water quality
lowering." Rule 62-302.700 F.A.C.
Anti-degradation Permitting Requirements; Outstanding Florida Waters
(2) Standards Applying to Outstanding Florida Waters. (a)No Department permit or
water quality certification shall be issued for any proposed activity or discharge within an
Outstanding Florida Waters, or which significantly degrades, either alone or in
combination with other stationary installations, any Outstanding Florida Waters,..." 62-
4.242 F.A.C.
Mixing Zones: Surface Waters.
The Department may allow the water quality adjacent to a point of discharge to be
degraded to the extent that only the minimum conditions described in subsection 62-
302.500(1), F.A.C., apply within a limited, defined region known as the zone. ...
However, no mixing zone or combination of mixing zones shall be allowed to
significantly impair any of the designated uses of the receiving body of water. Rule 62-
4.244(I)(a) F.A.C.
A mixing zone shall not include a nursery area of indigenous aquatic life or any area
approved ty the Department of Environmental Protection for shellfish harvesting. Rule
62-4.244(1)(e) F.A.C.
There shall be no mixing zone for any component of any discharge unless a Department
permit containing a description of its boundaries has been issued for that component of
the discharge. Rule 62-4.242(2), F.A.C.
91. Rule 62-302.530(47)(a) F.A.C. establishes that man-induced nutrient enrichment (total
nitrogen or total phosphorous) to be degradation in relation to the provisions of 62-302.200
29
Attachment VII
DEP0213
(Surface Water Quality Standards Definitions), 62-302.700 (Special Protection, Outstanding
Florida Waters), and 62-4.242, F.A.C. (Antidegradation Permitting Requirements;
Outstanding Florida Waters).
92. Outstanding Florida Waters include all waters within Marine Sanctuaries, Rule 62-
302.700(2)(e), F.A.C. The waters under and adjacent to CKWTP are part of the Florida
Keys National Marine Sanctuary.
93. Within Rule Chapter 62-520, F.A.C., DEP adopted rules Regarding Ground Water Classes,
Standards, and Exemptions. is located over ground water classified as G-III.
94. Rule 62-520.200 F.A.C. Definitions states:
(10)"Ground Water" means water beneath the surface of the ground within a zone of
saturation, whether or not flowing through known and definite channels."
(2I)"Waters" include, but are not limited to rivers, lakes...and all other waters or bodies
of water, including fresh, brackish, saline, tidal, surface or underground waters...."
95. Rule 62-520.400 F.A.C. Minimum Criteria of Groundwater applies to CKWTPand provides:
(1)All ground water shall at all places and at all times be free from domestic, ... or other
man-induced non-thermal components of discharges in concentrations which, alone or in
combination with other substances, or components of discharges ...
(f)Impair the reasonable and beneficial use of adjacent waters. (Emphasis added.)
96. DEP promulgated rules regarding permitting of underground injection control of effluent
under Rule 62-528.100 F.A.C.
"Rule 62-528.100, F.A.C., Underground Injection Control: Purpose. (1) ...rules that
govern the construction and operation of injection wells in such a way that the injected
fluid remains in the injection zone, and that unapproved interchange of water between
aquifers is prohibited." (Emphasis added.)
97. Given the close connection of ground and surface water in the Florida Keys and the impact
of tidal pumping, DEP promulgated a rule specifically for permitting underground injection
control wells in Monroe County.
30
Attachment VII
DEP0214
Rule 62-528.630(7), F.A.C. All Class V Group 3 wells designed to inject domestic
wastewater in Monroe County shall be required as part of the operation permit
application to provide reasonable assurance that operation of the well will not cause or
contribute to a violation of surface water standards as defined in Chapter 62-302, F.A.C.
98. Permit renewal requirements of Rule 62-620.335(5)(c) and (g), states that the permitted
activity must not endanger human health or the environment; and that (5)(g) Applicant is
required to provide reasonable assurances that the permitted activity will operate within
the requirements of Chapter 403.
99. Rule 62-620.535, F.A.C., DEP received very detailed and repeated public comments
regarding the negative impact of the operation of the proposed shallow wells on water
quality. Many of these commenters also requested the reasonable assurance
documentation from FKAA,or DEP's internal analysis if there had been one, regarding
impact of the operation of shallow wells on surface water quality.49
DISPUTED ISSUE OF MATERIAL FACT: A WATER DUALITY IMPACT
ANALYSIS PURSUANT TO SECTION 403.086(10)(h), F.S. IS REQUIRED
100. DEP received very detailed and repeated public comments regarding the negative impact
of the operation of the proposed shallow wells on water quality. Many of these commenters
also requested the reasonable assurance documentation from FKAA, or DEP's internal analysis
if there had been one, regarding impact of the operation of shallow wells on surface water
quality.30 No such documentation was provided by either FKAA or DEP.
101. Rather than address the comments specifically, DEP appears to have decided that it was
not required to determine whether the operation of the CKWTP shallow wells would cause
49By a Fact Sheet dated May 17,2014,by Balkany,LaPointe,et al,DEP was told of the violation of water quality
standards surrounding Cudjoe Basin and the adjoining Back Country,and the geology and hydrogeology of the
Lower Keys with the resulting adverse impact of the operation of shallow disposal wells.
50By a Fact Sheet dated May 17,2014,by Balkany,LaPointe,et al,DEP was told of the violation of water quality
standards surrounding Cudjoe Basin and the adjoining Back Country,and the geology and hydrogeology of the
Lower Keys with the resulting adverse impact of the operation of shallow disposal wells.
31
Attachment VII
DEP0215
or contribute to violations of surface water quality standards as contemplated by F.S.
403.086(l0)(h) and 62-528.630(7) F.A.C.
102. DEP appears to rely on the partial reduction in wastewater nutrients for the CKWTP
service area as a whole due to the imposition of AWT standards as justification for failing to
determine whether or not the aggregation of all of the AWT wastewater from the 17 mile
long CKWTP Regional Service Area to a single point of discharge with the resulting
discharge of large quantities of relatively nutrient rich fresh water into the already
overburdened shallow waters of the Cudjoe basin would cause or contribute to violations of
surface water quality standards.
"The Department received comments alleging that ...the addition of further TN and TP loads
will contribute to violations of water quality standards in Chapter 62-302, F.A.C. However, the
project will have significant environmental benefits of replacing small and old wastewater
facilities and numerous septic tanks with a comprehensive central wastewater system designed to
provide advanced waste treatment, including significant TN and TP removal:'
103. Section 403.086(10)(h), F.S. requires DEP to, among other things, "order the point or
method of discharge changed" if the discharge of AWT effluent"will cause or contribute to
a violation of state water quality standards."
104. DEP's rules requires it to obtain "as part of the operation permit application" "reasonable
assurance that the operation of the [UIC] well will not cause or contribute to a violation of
surface water standards as defined in Chapter 62-302, F.A.C." 62-528.630(7) F.A. C. DEP
has failed to obtain this information from FKAA.
105. DEP's own certifying engineer limited his finding of reasonable assurance regarding
CKWTP to the engineering aspects of the design.
I HEREBY CERTIFY that the engineering features described in the above referenced
application provide reasonable assurance of compliance with applicable provisions of
Chapter 403, Florida Statute,and Florida Administrative Code Title 62. However, I have
S1 DEP Intent to Issue 2014 Permit,page 38 of38.
32
Attachment VII
DEP0216
not evaluated and I do not certify aspects of the proposal outside of my area of expertise
(including, but not limited to, ...geological features." Abdul B. Ahmadi, P.E., April 11,
2009.
106. DEP does not dispute that it has failed to obtain reasonable assurance from FKAA that
the operation of the well will not cause or contribute to a violation of surface water
standards. Therefore the application to renew the permit for the wastewater treatment plant
is not complete and DEP should refuse to issue the operation permits for the treatment plant
and for the 4 disposal wells. DEP's issuance of these operation permits is clearly erroneous.
107. DEP does not have the authority to fail to determine whether the discharge of AWT
effluent will cause or contribute to a violation of state water quality standards nor does it
have the authority to waive the requirements of 62-528.630(7) F.A.C. or F.S.
403.086(10)(h).
.108._.DEP appears to approach the issue of discharge of pollutants from CKWTP as if the
water body has had a Total Maximum Daily Load (TMDL) determination.
"The TMDL would establish the maximum amount of a pollutant(s)an impaired water
body can assimilate without exceeding water quality standards for the pollutant. The
TMDL represents quantitative calculations of pollutant loadings from all sources in a
watershed or basin, it allows the responsibility for pollutant load reductions to be equally
allocated among those pollutant sources. These pollutant reduction allocations may then
be incorporated into permits for regulated facilities and otherwise accounted for through
best management practices and other pollution control measures." See, EPA, Final Water
Quality Trading Policy(Jan.13,2003) . Water Quality Credit Trading—A Regulator's
Perspective,The Florida Bar Journal, May 2007, Vol. 81,No. 5.
109. The acceptable amount of pollutants that can be assimilated into a water body is referred
to as the total maximum daily load. Although the DEP has determined the amount of
pollutants that can be safely discharged to many impaired water bodies without violating
water quality standards, it has not done so for the waters of the Florida Keys.
110. DEP appears to go even one step further and assume that it has legal authority to give
33
Attachment VII
DEP0217
FKAA pollution credits for its new point source of pollution based on the reduction of non-
point sources from residents. There is no such authority. There is no substantial justification
for applying water quality credits pursuant to the TMDL program when the Department has not
elected to pursue TMDLs for the Florida Keys nor has it established a water pollution credit
trading program beyond the St. John's pilot program.
1 11. Even if DEP had established TMDLs for the Florida Keys, it would not justify DEP
issuing permits for the operation of shallow wells at CKWTP in contravention of F.S.
403.086(10)(h).
WATER QUALITY FACTS:
112. According to DEP:
"Research has determined that excessive nutrients are a primary contributor to water
quality degradation in the Florida Keys, leading to depressed oxygen levels, increased
algae and an imbalance in the number and diversity of native aquatic life"52
113. According to the National Oceanic and Atmospheric Administration (NOAA):
"But recently, scientists have raised concerns about pharmaceutical residues detected in
rivers and coastal waters and their potential to cause adverse effects in humans and
aquatic species.
Wastewater typically contains any number of medications and hormones that people have
either used or discarded. Many of these chemical compounds remain biologically active.
And some of them,especially hormones such as estrogen, appear to significantly
alter aquatic organisms"53 (Emphasis added.)
114. According to the Florida Keys National Marine Sanctuary:
"In the Florida Keys,the groundwater and nearshore surface waters are closely
connected. Wastewater from septic systems can seep into the surrounding porous
limestone and pollute the groundwater, introducing excessive nutrients and even harmful
bacteria into nearshore marine waters. This fairly rapid exchange between ground and
surface waters is driven by the pumping action created by the ebb and flow of the daily
52 DEP Report to the Department of Community Affairs...Florida Keys Wastewater Improvements,April 2008,page
2. httpt/dcp.state.0-us/southWKevs/Keys Report to DCA 04-22-08_pdf
53 NOAA Pharmaceuticals in Coastal Waters hap!Aww.noaacov,'features/pmtcRinp I208/nhannaceuticals.html
34
Attachment VII
DEP0218
tidal cycle."54
115. According to the United States Geological Society(USGS):
"Given the porous nature of limestone, it is in these coastal environments that the
disposal of wastewater, or the use of such wastewater-disposal systems as septic tanks
and shallow injection wells, presents unique problems relative to human and ecosystem
health...
The central problem with these systems is that wastewater is deposited directly into
limestone environments,which are in close association with surface waters ....
Pollutants and pathogenic microorganisms are rapidly transported to canal, nearshore,
and offshore environments by the influence of tidal pumping."55 (Emphasis added.)
116. According to Drs Boyer and Briceno, Principal Investigators for the FKNMS
Water Quality Protection Program:
"Another observation is that elevated nitrate is a regular feature of waters on the Gulf
side of the Florida Keys (Backcountry). Some of the highest concentrations are observed
in this sparsely populated area. These levels are most probably indicative of waters from
the Southwest Florida Shelf moving through this area and because of inputs of nutrients
from sediments in this very shallow water column."56
CKWTP LOCATED NEXT TO EXISTING UNLINED LANDFILL WITH
POLLUTANT LOADS INTO SURFACE WATER THAT IS OFW
117. CKWTP is surrounded by mangrove swamps and very shallow lagoons (land
exposed at lowest tides). The adjacent surface waters have a control depth of 4 feet in the
few marked channels. The remaining waters are shallow flats (18"to 2 feet). These
waters serve as nurseries for indigenous aquatic life and source for the harvesting of
shellfish.
118. CKWTP is located on property owned by Monroe County. In addition to being
the site of Cudjoe Regional, it also contains three existing solid waste facilities, a
Municipal Solid Waste transfer station permit number 0063328-002-SO/31, a closed
54 Water Quality:Frequently Asked Questions Florida Keys National Marine Sanctuary http://doridakevs.noaagov/
55 Florida's Geology Makes Wastewater Disposal a Potential Threat to Ecosystem Health in the Florida Keys, Dr.
Dale W.Griffin,October 2004. http:/'soundwaves.usgs.gov/20O4/I0.4esearch.html
56 Spatial patterns of water quality in the Florida Keys National Marine Sanctuary, Dr.Joseph N.Boyer and Dr.
Henry O.Briceno,Kruczynski,W.L.and P.J.Fletcher(eds.).(2012) Tropical Connections,South Florida's marine
environment.IAN Press,University of Maryland Center for Environmental Science,Cambridge,Maryland,492 pp.
35
Attachment VII
DEP0219
unlined landfill in long term care, and an emergency landfill that has not been used to
date. The closed unlined landfill is subject to groundwater monitoring requirements.
119. Rule 62-701.601(1), F.A.C., states that"closed landfills, if disturbed, are a
potential hazard to public health, ground water and the environment." The applicant has
not provided information to determine what impact the 4 shallow injection wells,
permitted to discharge 653 gallons a minute each to the base of an unlined Subtitle D
landfill (containing household solid waste, including waste that could otherwise be
deemed hazardous waste, and incinerator ash), will have on surface water quality. It is
reasonable to believe that the large amounts of freshwater will move across and through
the unlined landfill mobilizing constituents of concern including metals and other toxins
that will pollute surface waters and cause harm to marine life.
120. To the extent that the shallow underground injection control permits are renewal
permits versus newly issued operation permits, the renewal is not warranted pursuant to
Rule 62-620.335(5)(c)and (g), F.A.C. because the discharge into shallow wells of sewage
effluent at the base of an unlined landfill endangers human health and the environment;
and monitoring well data from the landfill shows that reasonable assurance cannot be
provided that the discharge wells will be operated in conformity with Chapter 403,F.S.
121. The 2012, 2013 and 2014 groundwater monitoring results from the adjacent
Monroe County closed unlined landfill show levels of total nitrogen and total
phosphorous far in excess of the applicable surface water standards.57 The groundwater
monitoring also shows metals and other constituents of concern that pollute surface
waters and could cause harm to marine life.55
5'Exhibit V: Monroe County Landfill Monitoring Results,April 26,2014,page 8 of 53
sa Ibid and historical records to be obtained.
36
Attachment VII
DEP0220
122. Algal blooms are readily observable in Cudjoe Basin around the site of the closed
landfill,treatment plant and beyond. These algal blooms represent an imbalance in
natural populations of aquatic flora. See"Algal Bloom Photos."59
123. Although DEP's permit for the CKWTP requires that the effluent achieve
advanced wastewater treatment standards for nutrients and chlorine,among other things,
the amount of nutrients and chlorine that are permitted to remain in the treated
wastewater effluent are far in excess of surface water quality standards.
Total Total Chlorine Pharmaceuticals
Nitrogen Phosphorous and Personal
Care Products
(PCPP)
Permit Limits 3.000 mg/L— 1.000 mg/L— 0.5 mg/L No limit
(AWT) 6.000 mg/L 2.000 mg/L
Annual
- -Average -
Single Sample
DEP Surface 0.250 mg/L 0.009 mg/L 0.01 mg/L None shall be
Water Quality present
Standards60
124. DEP's permit does not address pharmaceuticals or personal care products
remaining in the treated wastewater effluent, which when aggregated to a central location
for discharge will endanger human health and the environment(See Rule 62-
620.335(5)(c),FAC)
125. Each of the four adjacent gravity fed disposal wells are capable of accepting 1.1
million gallons per day, every day. The wells would not be capable of accepting this
quantity of effluent unless the underlying carbonate rock was highly permeable with
developed zones of enhanced porosity and hydraulic transmissivity.
59 Exhibit U: Algal Bloom Photos taken October 30,2014. Heretofore provided to DEP and FKAA.
6"62-302.530(18)Chlorine,(61)[substances toxic to marine life]and 62-302.532(g)(1)[Nutrients in Back Bay]
37
Attachment VII
DEP0221
126. The permit allows, on average, 8,800 pounds of nitrogen to be injected annually
into the shallow wells.61
127. POA Petitioners object to FKAA's Biosolid Storage and Management Plan dated May
2014("the Plan"), to the extent that it was approved by DEP. If the Plan is implemented, it
would allow dewatering of toxin-containing biosolids transported from Layton MM 68.5 to
Big Coppitt MM 10 to be thickened at CKWTP, which would increase the mass of
potentially-toxic materials to be discharged through the shallow disposal wells into the
surrounding OFW causing additional pollution. The increase in pollutant mass would result
from the increase in concentrated centrate flow returned to the head of the CKWTP for
treatment of the additional biosolids generated from Layton MM 68.5 to Big Coppitt MM 10.
POA Petitioners further object to any conditions that would allow wastewater or biosolids
from outside the CKWTP service area; including the FKAA wastewater treatment plants at
Layton, Duck Key, Bay Point. Key Haven and Big Coppitt to be transported to the CKWTP
for management.
APPLICANT FAILED TO PROVIDE RULE 62-528.630(7),F.A.C. REASONABLE
ASSURANCES FOR THE UIC WELL DISCHARGES; DEP IS REQUIRED UNDER
SECTION 403.086(10)(h),F.S. TO ABATE THE WATER QUALITY VIOLATIONS
128. FKAA acknowledges that it did not provide any geotechnical, hydrogeological,or
current water quality information to provide reasonable assurance that the operation of
the shallow wells will NOT cause or contribute to a violation of surface water quality
standards.62
129. FKAA's engineer, CH2MHill, limited its certification of the injection well to the
61 Exhibit P: Calculation based on FKAA E-mail to Commissioner Rice,September 9,2014. 24 pounds of nitrogen
per day times 365 days equals 8760 pounds per year.
Exhibit S: E-mail from Tom Walker, Deputy Executive Director,FKAA,dated October 14,2014,in response to
a series of requests for the `reasonable assurance' documents.
38
Attachment VII
DEP0222
engineering aspects:
"This is to certify that the engineering features of this injection well have been
designed/examined by me and found to be in conformity with modem engineering
principlessfi3
130. FKAA failed to provide certification from a licensed geologist giving reasonable
assurance that the operation of the shallow wells will not cause or contribute to a
violation of surface water standards.64 FKAA's failure to provide reasonable assurance
under Rule 62-528.630(7),F.A.C. and Rule 62-620.335(5)(g), F.A.C. that operation will
comply with Chapter 403, F.S., is grounds for DEP to deny the permit.
131. DEP did not ask for nor receive the information needed for it to determine that the
operation of the shallow wells would not cause or contribute to a violation of surface
water standards. They sought no information regarding the makeup of the subsurface
(geo technical data),the pathways and timing of connection between the effluent
discharge and surface water, the existence of, or lack thereof, of other sources of excess
nutrients in the surface waters, nor analysis of the assimilative capacity of the surface
water.65
132. DEP did not ask for nor receive a certification from a licensed geologist regarding
the operation of the shallow wells.66
133. In the 2009, Intent to Issue the Department provided an engineering certification for
FLA671932, by Abdul B. Ahmadi stating:
61 Exhibit FKAA Response to RAI#2-Revised Form 2A.
f4 Exhibits R and S: FKAA e-mails to Jan M.Edelstein in response to request for reasonable assurance
documentation regarding hydrogeology and water quality.
B5 Exhibit Q: DEP e-mails to Jan M.Edelstein. DEP refers her to Oculus for information on reasonable assurance.
JME: "I can find no record ...Does this mean that these documents do not exist and that this review did not occur?"
DEP responds on September 15,2014: "...referring your question to Mr.Sidney Brigham(sic)of the Department's
OGC."
m Ibid.
39
Attachment VII
DEP0223
I hereby certify that the engineering features described in the above referenced application
provide reasonable assurance of compliance with applicable provisions of Chapter 403,F.S.and
Florida Administrative Code Title 62. However, I have not evaluated and I do not certify aspects
of the proposal outside of my area of expertise(including but not limited to,the electrical,
mechanical, structural and geological features).
See Exhibit B: 2009 DEP Intent to Issue, pdf page 33 of 35.
The certification provided above does not include that the project will meet surface water quality
criteria of Rule Chapter 62-302, F.A.C. A hydrogeologist who could describe fate and transport
of pollutants would be the type of certification needed to demonstrate water quality compliance
based on sampling or modeling. More importantly,the most recent intent to issue for this project
is completely without a Department engineering certification of reasonable assurance. See, Intent
to Issue dated 7-14-14.
134. Nearshore waters currently exhibit violations of surface water standards. These
violations arise from the existence of the closed landfill, and backwash of nutrient loaded
water from the Backcountry. It is not established what contribution is made from the
septic tanks and package plants to the south of the area. Even if there is a contribution to
the water quality violations from septic tanks in the area,the water quality concerns will
continue based on nutrients from the closed landfill documented in the groundwater
monitoring reports and the backwash of nutrient loaded water from the Backcountry.
DEEP WELL INJECTION WILL ABATE THE CKWTP WATER QUALITY
CONCERNS
135. According to the Monroe County Sanitary Wastewater Master Plan:
"Because deep well injection eliminates all wastewater nutrients from the environment,
deep well injection was also evaluated for the 0.5 mgd plant size but was found to be
more expensive than shallow well injection.ifi7
136. In 2012, the voters of Monroe County approved an extension of the I cent
67 See See Monroe County Sanitary Master Plan, 2000.Page 3-22. hnp://www.monroecounty-
I1.gov/DocumentCentcr/I IomeNiew/1117 Exhibit 3-31 at page 3-22 for"Comparison ofa Deep Injection Well with
a Shallow Injection Well."
40
Attachment VII
DEP0224
infrastructure sales tax for the express purpose of funding CKWTPand remaining
wastewater projects.
`...the funds so collected and interest accrued thereto shall be used only for wastewater
until such time as the governing body of the county or municipality determines that the
necessary wastewater projects are completed or in progress and fully funded, after which,
use of remaining funds collected pursuant to this article shall be available in that
jurisdiction for all purposes allowed under this ordinance at any time."68
137. According to the Monroe County Administrator the funds are available to install
deep well technology at Cudjoe Regional.
"...notice that there is $180 million"unencumbered" for the next 20 years. Hence, if a
deep well is needed,the money is available."69
138. Notwithstanding the public comment regarding the facts and law, on July 14,
2014, DEP provided its Notice of Intent to Issue permits for CKWTP, including
permitting four wells cased to 80 feet with a total permitted capacity of 1.88 MGD and a
total 'as built' capacity in excess of 4 MGD.
ULTIMATE FACTS WARRANTING REVERSAL OR MODIFICATION OF
AGENCY'S PROPOSED ACTION
WATER QUALITY: CONCLUSIONS
139. Although the Florida Legislature gives DEP the authority to permit shallow wells
in Monroe County for wastewater disposal for facilities with a design capacity of less
than l million gallons a day, the Florida Legislature requires that DEP prevent any
discharge of wastewater from shallow wells in Monroe County unless demonstrated by
the permit applicant not to cause or contribute to violations of state water quality
standards. Section 403.086(I0)(h), F.S.
140. DEP is not authorized to issue permits for wastewater disposal wells in Monroe
County cased to 80 feet without the FKAA providing reasonable assurances based on
6"Monroe County Code,Section 23-145—Expenditure of Funds
69 Exhibit T: Mo.Cty E-mail to J.M.Edelstein,dated August 13,2014.
41
Attachment VII
DEP0225
geotechnical, hydrogeological and water quality information that the operation of the
disposal wells will not cause or contribute to a violation of water quality standards.
141. In violation of DEP rules, DEP failed to require, and FKAA failed to provide,
reasonable assurance based on site specific geotechnical and water quality data that the
operation of the proposed shallow wells (discharge of large volumes of relatively nutrient
rich fresh water)will not cause or contribute to a violation of surface water standards.
142. Although CKWTP is intended to reduce the total pounds of nitrogen, phosphorous
and chlorophyll a that will be discharged to the waters of the CKWTPservice area,
because of its centralized discharge of wastewater, it will increase the nutrients
discharged in the area of Cudjoe Key. Further, it will concentrate in the shallow water
environment of Cudjoe Key and beyond the pharmaceuticals and personal care products
from a service area of approximately 17 miles.
143. It is not sufficient that CKWTP will reduce the current overall loading of nutrients
into the 17 mile Cudjoe Key service area from septic tanks and old package plants. DEP
is obligated to also prevent the addition of the approximately 8,800 pounds of nitrogen
annually that is anticipated to be discharged annually from CKWTP. DEP is also
obligated to prevent the addition of pharmaceuticals and personal care products
remaining in the AWT effluent to surface waters.
144. DEP is obligated to prevent disturbances of the existing unlined landfill at Cudjoe
Regional, so that landfill constituents of concern, such as nutrients, toxins and metals will
not be released to groundwater and surface water.
145. To the extent that DEP is authorizing FKAA to transport and manage biosolids
from its wastewater treatment plants outside the CKWTP service territory at CKWTP,
42
Attachment VII
DEP0226
neither the additional pollutant loading(including,toxic metals—copper and mercury, as
well as nutrients) nor the volume from biosolids generated at those wastewater treatment
plants have been adequately addressed in the design capacity calculations for the
proposed CKWTP to meet effluent water quality limits. (See, CH2MHILL—Cudjoe
Regional Advanced Water Reclamation Facility Biosolids Storage/Management Plan
May 2014)
146. Based on the legislative requirements for disposal of wastewater in Monroe
County, the DEP must require the primary disposal well to be cased to 2000' or more
because the FKAA has failed to provide reasonable assurance that the discharge will
NOT cause or contribute to a violation of state water quality standards.
147. In addition to failing to comply with the legislative requirements for disposal of
wastewater in Monroe County, the draft permit impermissibly allows degradation of the
Outstanding Florida Waters through the use of shallow well injection for treated
wastewater effluent that will impact an existing unlined landfill.
148. Pursuant to the Outstanding Florida Waters rules, to support a disposal method
that degrades an Outstanding Florida Water, the FKAA must show that"[ujse of other
discharge locations, which would reduce adverse impacts on water quality" is not
economically and technologically reasonable." Rule 62-4.242(1) (c) F.A.C.
149. The application reflects no such showing. A deep injection well is another
"discharge location"which is both technologically and economically feasible, as local,
state and federal funds have been allocated for wastewater projects in the Florida Keys.
150. By a Fact Sheet dated May 17, 2014, by Balkany, LaPointe, et al, DEP was told
of the violation of water quality standards surrounding Cudjoe Basin and the adjoining
43
Attachment VII
DEP0227
Back Country, and the geology and hydrogeology of the Lower Keys with the resulting
adverse impacts to surface water quality and aquatic life of shallow well injection of
wastewater at Cudjoe Key WTPP.
151. DEP's permit for the Cudjoe Key treatment plant imposes advanced wastewater
treatment standards for nutrients. The allowed level of nutrients are far in excess of
surface water quality standards. Adding this relatively nutrient rich fresh water to the
area will cause or contribute to violations of Surface Water Quality Criteria.
Total Nitrogen Total Phosphorous
Permit Limits(AWT) 3.000 mg/L—6.000 mg/L 1.000 mg/L—2.000 mg/L
Annual Average- Single
Sample
62-302.532 (g) F.A.0 0.250 mg/L 0.009 mg/L
Florida Keys Numeric
Nutrient Criteria-Back Bay
152. Each of the 4 adjacent gravity fed wells (head pressure only) are capable of
accepting 1.1 million gallons per day,every day. This transmissivity is consistent with
the underlying highly permeable carbonate rock subjected to karstification processes with
developed zones of enhance porosity and hydraulic transmissivity.
153. The permit allows, on average, 8,800 pounds of nitrogen to be injected annually
into the shallow wells. It is not sufficient that the Cudjoe Key WWTP will reduce the
current overall loading of nutrients into the 17 mile Cudjoe Key service area from septic
tanks and old package plants. DEP is obligated to also prevent the addition of the
nutrients remaining in the AWT effluent if the design capacity of the plant is I or more
MGD, or if the FKAA fails to provide reasonable assurance that the discharge will NOT
cause or contribute to a violation of water quality standards.
44
Attachment VII
DEP0228
154. Sections 403.086(I0)(e)(2)and 403.086 (10)(h), F.S. dictate the method of
disposal of treated wastewater and require water quality considerations in order to
prevent wastewater nutrients moving to and polluting the surface waters of the Florida
Keys Outstanding Florida Waters. DEP is not authorized to ignore the statutory directive
regarding water quality and issue permits for wastewater disposal wells in Monroe
County cased to 80 feet without the FKAA providing reasonable assurances based on
geotechnical, hydrogeological and water quality information that the operation of the
wells will not cause or contribute to a violation of water quality standards.
155. Counsel on behalf of the POA Petitioners will pursue Section 57.111(2), FS.,
award of attorney fees and costs for the`unreasonable government action" that was not
substantially justified of permitting shallow injection well disposal of treated sewage
effluent when the design capacity of the wastewater treatment plant documented in the
DEP permitting files is> I MGD in Monroe County, and/or when the shallow effluent
disposal wells capable of discharging 4.4 MGD will discharge constituents of concern in
violation of surface water quality standards which will degrade Outstanding Florida
Waters; and/or when the shallow effluent disposal wells capable of discharging 4.4 MGD
are immediately adjacent to a Monroe County unlined Subtitle C landfill in an area of
Outstanding Florida Waters with groundwater monitoring results provided to the DEP
documenting levels of constituents of concern that violate surface water quality criteria.
"[T]he Legislature finds that certain persons may be deterred from seeking review of, ...
unreasonable governmental action because of the expense of civil actions and
administrative proceedings....The purpose of this section is to diminish the deterrent
effect of seeking review of, ... governmental action by providing in certain situations an
45
Attachment VII
DEP0229
award of attorneys fees and costs against the state." Section 57.111, F.S.
156. Alternatively, Counsel on behalf of POA Petitioners will pursue attorney fees
under 57.105, F.S., from FKAA because the permitting record indicates that FKAA relied
upon, knew or should have known that a claim or defense when initially presented"(a)
was not supported by the material facts necessary to establish the claim or defense; or
(b) would not be supported by the application of then-existing law to those material
facts."
SPECIFIC STATUTES & RULES
WARRANTING MODIFICATION OR REVERSAL
Florida Statutes, Sections:
57. 105; 57.111;
403.061(27);
403.086(10);
403.086(10)(e)(2);
403.086(10) (h);
403.087;
403.088;
Florida Administrative Code Sections:
62-4.242 (I), (2) and (3);
62-302.532;
62-302.700;
62-510 08);
62-520.400;
62-528.630;
62-600.200;
62-600.300;
62-600.400(3)(a);
62-620.335(5)(6), (c), and(g);
62-620.550 (1)and (2);
62- 620.528;
62-620.620(1) (g);
62-110.106 (5)and(7); and
62-110.106 (11), FAC; and 62-701.601(1), FAC
46
Attachment VII
DEP0230
All other rules or statutes cited in this Second Amended Petition.
REQUEST FOR RELIEF
POA Petitioners respectfully request that the Department (1) deny the proposed permits for
underground injection control shallow wells; or (2) modify the permits so as to condition the use
of the shallow wells only for (a) sewer connections needed for any new residential construction
or connections for existing users completed by December 31, 2015, and (b) back up to a primary
disposal well cased to 2000' or more and permitted by DEP. POA Petitioners request that the
Department require application for permitting of the construction and operation of a deep well
cased to a minimum of 2,000 ft below land surface for the underground injection well disposal
for Cudjoe Key Wastewater Treatment Plant.
In the alternative, POA Petitioners respectfully request that the Department transmit the Second
Amended Petition to the Division of Administrative Hearings (DOAH) for a Formal
Administrative Hearing held by a DOAH Administrative Law Judge (ALJ) on the disputed
issues of fact and law. POA Petitioners respectfully request that the DOAH ALJ enter a
Recommended Order recommending that DEP modify the underground injection well permits to
condition their use as stated above or recommending that DEP deny the Application for UIC
permits. POA Petitioners also request that the Department require the application by FKAA for
permitting, construction and operation of a deep well cased to a minimum of 2,000 ft below land
surface for the underground injection well disposal for Cudjoe Key Wastewater Treatment Plant.
Certificate of Service
I certify that the foregoing Second Amended Petition requesting a formal administrative hearing
has been FILED on February 23, 2015, with the Department of Environmental Protection
47
Attachment VII
DEP0231
(DEP), DEP Agency Clerk Lea Crandall 3900 Commonwealth Boulevard, Mail Station 35,
Tallahassee, Florida 32399 Phone: (850)245-2212 and was
FILED ELECTRONICALLY: Lea.crandall(7n,dep.state.Fl.us
The Second Amended Petition served by email only to:
Attorneys for Respondent Agency
Sidney.Bighani d dep.state.Plus
Benjamin.Melnick @Aep.state.tl.us
Sidney C. Bigham,Esq. Fawn.Brownrndepstate.11.us
Glenn Rininger, Esq DEP.Defenseki!dep.state.d.us
Benjamin M. Melnick, Esq Kimberly.Cupp(cidepstate.tl.us
Glenn.Rinim°eddden.state.tl.us
Florida Department of Environmental
Protection
3900 Commonwealth Blv. MS 35
Tallahassee, FL 32399
Attorneys for Respondent Applicant
Robert Feldman,General Counsel Rfeldman@fkaa.com
D e s q u i n a I d o@ f ka a.c o rn
Florida Keys Aquaduct Authority
Executive Offices
1100 Kennedy Drive
Key West, FL 33040
Attorneys for Respondent Applicant
Frederick J. Springer, Esq. Fspringer@bmolaw.com
Bryant Miller Olive, P.A.
101 North Monroe Street Suite 900
Tallahassee, FL 32301
Attorneys for Petitioners DeMaria and Laudicina
Lee Robert Rohe, Esq. Irrlaw@bellsouth.net
PO Box 420259 slrlaw@bellsouth.net
Summerland Key,FL 33042 _
Caron Balkany, Esq Balkany@aol.com
PO Box 420859
48
Attachment VII
DEP0232
Summerland Key,FL 33042
s/Diana L. Davis.Attorney
Florida Bar No. 890464
Legacy Matters, P.A.
800 Village Square Crossing Suite 348
Palm Beach Gardens, FL 33410
Phone 561-207-6191
Fax 561-656-2099
I egacvMattersl Ioutlook.cont
Alternative LeaacyMattersPACit?gmail.com
49
Attachment VII
DEP0233
VERIFICATION
STATE OF FLORIDA
COUNTY OF MONROE
Under penalty of perjury. I declare that the following is true based upon my personal
knowledge
Charles Lids. President of Sugarloaf Shores Property Owners Association,Inc. has read the
foregoing Second Amended Petition for Formal Administrative bearing and Petition to Intervene
l"Petition'), has authorized the filing of the Petition and based upon reasonable inquiry,believe
it is not interposed for any improper purposes,such as to harass or to cause unnecessary delay,or
for frivolous purpose or needless increase in the cost of litigation and based upon my personal
knowledge and reliance on expert opinions the activity.conduct or product to be licensed or
permitted including the shallow well injection of effluent(DEP PROPOSED PERMIT:
FLA671932.003-DW IP; DEP UIC PERMIT# 295404-020. 021.022, and 023):(prior DEP
FL.A671932-00 L 295404-oo l.002,003,and 0041 for the Cudjoc Regional Wastewater
Treatment Plant will have the effect of impairing, polluting,or otherwise injuring the water and
natural resources ol'the State of Florida.
Charles Tins
NOTARY PUBLIC
As sworn and subscribed before me this day of February 2015 by Charles Lids
who is either personally known to me , or produced identification __, type of
identification produced
/
Notary Stamp -- .. tC �/1 i�. �4fi__
SAILYr' SACW .
•
GTARY PUBLIC Notary Public
.Vr STATE OFRORWI Stale of Florida
as' t _:nmeEE1282TE County of Monroe
2m201
Attachment VII
DEP0234
Kee 19 15 04:03p p2
VERIFICATION
STATE OF FLORIDA
COUNTY OF MONROE
Under penalty of perjury-,I declare that the following is true based upon my personal
knowledge:
Larry Francisco,President of Cudjoe Gardens Property Association,Inc.,has read the
foregoing Second Amended Petition for Formal Administrative Hearing and Petition to Intervene
C'Petition"),has authorized the filing of the Petition and based upon reasonable inquiry, believe
it is not interposed for any improper purposes, such as to harass or to cause unnecessary delay,or
for frivolous purpose or needless increase in the cost of litigation and based upon my personal
knowledge and reliance on expert opinions the activity,conduct or product to be licensed or
permitted including the shallow well injection of effluent(DEP PROPOSED PERMIT:
FLA671932-003-D W IP; DEP UIC PERMIT k 295404-020,021,022,and 023); (prior DEP
FLA671932-001, 295404-001,002,003, and 004) for the Cudjoe Regional Wastewater
Treatment Plant will have the effect of impairing,polluting,or otherwise injuring the water and
natural resources of the State of Florida.
Larry Francisco
NOTARY PUBLIC
tL
As sworn and subscribed before me this__ day of February 2015/4y Larry Francisco
who is either personally known to me ,or produced identification type of
identification produced rLb2ivrr's .iiteme FG51-533 46-114-0 .
N OINCWI�
nrunanaln dfankee�mr
ttOt'uwrmswo OtILVO 00 Notary Public
Xn MvvN
scan tr/J State of Florida
County of Monroe
Attachment VII
DEP0235
VERIFICATION
STATE.OF FLORIDA
COUNTY OF PALM BEACH
Under penalty of perjury, I declare that the following is true based upon my personal
knowledge:
William H.Lynch,P.E.(FL No. 45302),has read the foregoing Second Amended Petition for
Formal Administrative I learing and Petition to Intervene("Petition"), and based upon my expert
opinion of the Application submitted by Florida Keys Aqueduct Authority'and the Florida
Department of Environmental Protection Intent to Issue for the DEP PROPOSED PERMIT:
FLA671932-003-DWIP; DEP UIC: PERMIT#295404-020,021,022,and 023; (prior I)EP
FI.A671932-001, 295404-001, 002,003,and 004); the Cudjoe Regional Wastewater Treatment
Plant design capacity is greater than 1 million gallons a day,and therefore a deep well(minimum
depth of 2000 feet) is required for the discharge of its treated wastewater. Section
403.086(4
10)(c), Florida Statutes
144L
iam H. Lync P.C.
NOTARY PUBLIC
As sworn and subscribed before me this 26Wday of February 2015 by WilliamV H.
Lynch,P.E.,who is either personally known to me ,or produced identification 1. , type
of identification produced_fl f . ',r t Vfr s_ (aS�,c l,t
�y t.. "
Notary Stamp 1 t (I Uddtyvri
Notary Public
WA pygtS State of Florida
W COMPASSION#If108691 County of Palm Beach
MRIPES:APR 01.2D1B
BOW!hoar st kit t rn
Attachment VII
DEP0236
Section PDF
Exhibit Document Section Author Date Page Page Comment
A-1 2009 Original Cover Black& 4/22/09 Page 1, 1 of "...with a permitted
Application Letter Veatch Para- 335 capacity less than 1.0 mgd,
I graph 2 . shallow injection wells can .
be installed and utilized for
disposal of high quality
effluent in accordance with
Chapter 99-395 of the Laws
of Florida
A-2 2009 Original Meeting Black& . 12/22/09 Page 2 4 of DEP says deep well
Application Memo- Veatch 335 required because
randum maximum flow leaving
plant is 2.35mgd; DEP says
most shallow wells in Keys
don't work well; DEP
agrees to permit shallow
wells if permitted capacity
�.... less than 1.0 mgd.
A-3 2009 Original DEP Form FKAA 4/20/09 26 of Design Capacity of
Application 2A ! ! 335 Treatment Facility: 1.07
MGD TMADF(.84
permitted)
A-3 2009 Original DEP Form I FKAA 4/20/09 1 1 46 of Design Capacity of
Application 2A 335 Underground Injection
Facility: 1.07 MGD TMADF
(.84 permitted) '..,.
A 4 '.. 2009 Original DRAFT Brown 9/26/08 Page 3 202 "BC was asked by FKAA not
Application Influent and of to include these suspect
Design Caldwell 335 Cold-Spots in the flow
'.. Parameters '.. '.. calculation;"
Develop-
ment
A5 2009 Original Influent Black& 11/13/08 Execu- 241 "All facilities and flows
Application Design Veatch 4/15/09 five of downstream of the
Basis Sum- 335 equalization system will be
mary designed for 2.35 mgd"
A-6 2009 Original Preliminary _ 4/12/09 • 3-32 31 of Table 3-25,Wells Design
Application Design '. - 35 1 Criteria:"4(2 duty, 2 back-
Report I---_ up);capacity 1.1 mgd each"
B 2009 DEP '.. DEP 8/11/09 1 of 19 16 of Proposes to permit wells
Intent to 35 "for a maximum daily
Issue disposal of 0.94 million
gallons per day(MGD)."
Attachment VII
DEP0237
Section [ PDF I
Exhibit Document [Section Author 1 Date Page Page 1 Comment
C FKAA Letter, FKAA 8/26/09 intend to file petition for
Challenges an administrative
Intent to hearing..."
Issue
D 2009 DEP DEP 9/21/09 1 of 19 3 of " peak disposal rate,per
Final Permit '.. 1 1 128 I well,shall be 0.94 million
gallons per day(MGD)._"
E Schematic 1 CH2MHill 10/1/09 Page 2- 14 of "The design flow rates 1
Design 1 78 were calculated based on
Report- the estimated year 2028
Transmission values of hot spots and
System 1 I I warm spots...." [which I
equaled 1.046 MGD AADF] ',.
F Brown and Brown 4/25/09 5& Reports combined average
Caldwell Final and 12 of daily flow from Hot Spots
Tech Memo Caldwell 41 and Warm Spots of 1.046
mgd.
G-1 2014 Renewal Cover FKAA 3/17/14 Page 1, 1 of "...as the previously
Application Letter Para- 19 permitted 0.84 three
Cover Letter . graph 3 I month average daily flow
I ' (TMADF)....Under these
conditions(<1.0 mgd),the
permitted shallow injection
wells will continue to be 1
I acceptable for disposal of ',
advanced treatment '..
effluent under FL Chapter
99-395."
G-2 2014 Renewal DEP Form FKAA 3/17/14 2A-3, 13,6, "... Underground Injection 11
Application 2A 1 2A- I and -4 wells; 1.07 mgd(0.84
Form 2-A 6,2A- 21 of Permitted)TMADF I..
21 49
G-2 2014 Renewal DEP Form FKAA 3/17/14 Attach 33 of "All supporting
11 Application 2A ed 49 _ documentation required...
Form 2-A blank is the same as the original
page I permit submittal and is not
__ provided again" 1
H 1 DEP RAI pl -. DEP 4/7/14 I oft Letter requesting Renewal
Application for 4 Wells
I II
I
Attachment VII
DEP0238
I 1 1 Section PDF T
Exhibit ' Document Section 1 Author ` Date I Page Page I Comment
I FKAA CH2MHill l 5/7/14 1 of Submitting UIC renewal
Response to 68 I applications. Each of the 4
RAI#1 I wells for the maximum rate
of 0.94 mgd. "The
engineering
drawings...have been
previously submitted and
have not changed.'
1 DEP RAI#2 DEP 5/29/14 I of 2 "The.094 MGD mentioned
in each of the [disposal well
applications]...does not
agree with the 1.07 MGD.
Please clarify the design
capacity. If the design
capacity is equal to or
', I greater than 1 million
I 1 gallons per day,each
primary injection well must
be cased to a minimum
I. __ I depth of 2,000 feet..." i
K FKAA Cover CH2MHill 6/16/14 Page 2, 2 of "The.094 MGD is the
Response to Letter #3 3 Average Annual Daily Flow I
RAI#2 Cover (AADF)the plant(and the
Letter '., wells)are being permitted
for.
L FKAA 4 Well FKAA 6/5/14 2A-3, 19,22 changes 1.07 mgd as
Response to Applica- - 2A- ,37 design capacity,to.94
RAI#2 '.. Lions 6,2A- of 50 mgd,the permitted
Revised Form 21 amount(as described in
2A 1 CH2MHill cover letter)
M-1 2014 DEP Cover DEP 7/14/14
Intent Intent to Letter
IIssue
M 2 1 2014 DEP Draft DEP 7/14/141 4 wells each permitted for
Intent to Permit 0.47 mgd,with an annual
Issue permit limit of 0.94 mgd
M-3 2014 DEP Statement DEP 7/14/14 3,4 of 37, , :Design Capacity is selected
Intent to of Basis 5 38 of by applicant. Selected 94
Issue for. 38 _ AADF.
Permit
Attachment VII
DEP0239
Section PDF '
Exhibit Document _Section Author 1 Date I page Page l Comment
N Expert William 11/6/14 3 of "It is this Florida
Opinion on Lynch,GE! 7 professional engineer's
Design CONSULT opinion that design
Capacity ANTS, 1capacity for the Cudjoe Key
INC. WWTP and disposal
facilities is 1.18 mgd.
O j DEP Report to DEP 4/1/08 15 of 7,400 EDUs to be served
Dept of 17
Community
Affairs
P I FKAA E-mail I FKAA 9/9/14 1 of 9060 EDUs currently
to 2 served;24 lbs per day TN
Commissioner permitted in effluent) li
Rice(EDUs,
i J TN)
Q DEP e-mails DEP Various, DEP refers JME to Oculis
I to - ending for info on reasonable
I J.M.Edelstein I 9/15/14 assurance regarding water
quality. JME:"I can find no
record ...Does this mean
',. that these documents do
not exist and that this
I review did not occur?" DEP
responds: "...referring your
question to Mr.Sidney
Brigham (sic)of the
Department's OGC."
R FKAA I FKAA(R. 9/9/14 FKAA refers JME to Oculis
(Feldman)a Feldman) for info on reasonable
mail to assurance.
J.M.Edelstein
S FKAA FKAA(T. 10/15/14 In response to JME"renew
(Walker)a Walker) our request for any expert,
mail to or other reports...regarding
J.M.Edelstein the shallow wells",FKAA
says"DEP's presumption
'.,. and permit should provide I
reasonable assurance." I
T Mo.Cty E- County 8/13/14 "Hence, if a deep well is
mail to Administ needed,the money is
J.M.Edelstein rator available."
Attachment VII
DEP0240
Section PDF �!1
Exhibit Document Section Author Date Page Page I
Comment
•
U Algal Bloom Jan M. 10/30/14 Taken at 5:00 p.m within
Photos !, Edelstein ! 13/4 of a mile of closed
Monroe County
!, !. 1 landfill/new treatment
1. �._... ' ,, plant
V Monroe Langan 3/26/14 18 of Shows nutrients in excess
County Engineer- 1 60 of surface water standards. !..
Landfill ing !!
Monitoring
Results li. ....... �..
Attachment VII
DEP0241
EXHIBIT B
Notice of Draft Permit No. 336267-001-UC/5W dated August 12,2015
pent.et.
s.q\ Rick Scull
FLORIDA DEPARTMENT OF < n>cIn
ENVIRONMENTAL PROTECTION Corms Lopez-tantera
It tovaor
nOR M RIINlZ CENTER
l 2600 Bt 1IR STONE RO1I> Jonalhan P. erson
ALI AI IASSEE_FLORIDA 32390.2400 Inlerm Secretary
SENT VIA ELECTRONIC MAIL
In the Matter of an Application for Permit by: August 12, 2015
Thomas Walker,P.E., Deputy Executive Director Monroe County UIC
Florida Keys Aqueduct Authority 336267-001-UC/5 W
1100 Kennedy Drive WACS ID 102467
Key West, Florida 33041 Class V, Group 3, Injection Well System, DIW-1
twalkereifkaa.com Construction and Testing Permit
NOTICE OF DRAFT PERMIT
The Department of Environmental Protection hereby gives notice that a Draft Permit has been
developed for the proposed project as detailed in the application specified above, for the reasons
stated below.
The applicant, Florida Keys Aqueduct Authority,Thomas Walker,P.E., Deputy Executive Director,
1100 Kennedy Drive, Key West, Florida 33041 applied on July 1,2015 to the Department of
Environmental Protection for a permit to construct and operationally test a Class V injection well
system.
The Department has permitting jurisdiction under chapter 403 of the Florida Statutes and the rules
adopted thereunder. The project is not exempt from permitting procedures. The Department has
determined that a construction and testing permit is required for the proposed work.
Pursuant to section 403.815 of the Florida Statutes, and Rule 62-528.315(6)(b)of the Florida
Administrative Code, you (the applicant)are required to publish at your own expense the enclosed
Notice of Draft Permit. The Notice must he published one time only within 30 days in a newspaper
of general circulation in the area affected. For the purpose of this rule, "publication in a newspaper
of general circulation in the area affected" means publication in a newspaper meeting the
requirements of Sections 50.011 and 50.031 of the Florida Statutes, in the county where the activity
is to take place. The applicant shall provide proof of publication to the Tallahassee Office of the
Department within seven(7) days of publication. Failure to publish the notice and provide proof of
publication within the allotted time may result in the denial of the permit.
PERMITTEE: Thomas Walker, P.E.,Deputy Executive Director Permit Number: 336267-001-UCf5W
Florida Keys Aqueduct Authority W ACS ID: 102467
Cudjoe Regional AWRF Date: August 12,2015
Any interested person may submit written comments on the draft permit within 30 days of the public
notice. Written comments may be submitted to the Department of Environmental Protection, Aquifer
Protection Program, 2600 Blair Stone Road, MS 3530,Tallahassee, Florida 32399-2400. All
comments received within the 30-day period and during the public meeting will be considered by the
Department in formulating a final decision concerning this project. If a public meeting is arranged it
must be held in the area of the well no less than 30 days after publication of this Notice for the
purpose of receiving verbal and written comment concerning this project. If a public meeting is not
arranged prior to publication, the Notice must provide an opportunity for a public meeting. If a
public meeting is later scheduled,there will be another 30-day notice period for that meeting. Please
contact Douglas Thornton,Engineering Specialist at 850.245.8666, for additional information.
Executed in Leon County,Florida.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION
_Joseph Haberfeld, P.G.
Aquifer Protection Program Administrator
2
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PERh11TTEE: Thomas Walker,P.E.,Deputy Executive Director Permit Number: 3 3 62 67-001-UC/5W
Florida Keys Aqueduct Authority WACS ID: 102467
Cudjoe Regional AWRF Date: August 12,2015
CERTIFICATE OF SERVICE
The undersigned designated clerk hereby certifies that this NOTICE OF DRAFT PERMIT and
all copies were mailed before the close of business on Wednesday,August 12,2015,to the listed
persons.
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section.120.52, Florida Statutes,with the designated
Department Clerk, receipt of which is hereby acknowledged
E
Clerk
August 12,2015
Date
Copies Furnished To:
Joseph Haberfeld, FDEP/TLH joe.haberfeld@dep.statefl.us
Douglas Thornton, FDEP/TLH douglas.thornton@dep..rtatefrus
Wilt L. Evans, FDEP/TLH will.!.evans@dep.state.l.us
William Beddow,CH2M hill.heddow@ch2m.com
David Rhodes, FDEP/SD david.rhodes@dep.stute.Jl.u.s
Gary Maier, FDEP/FM garv.maier@dep.slate,fl.us
Gus Rios,FDEP/SD gus.rias@dep..state.Ji.us
Gerrit Bulman,CH2M gerrit.bulman@ch2nt.com
Cathleen McCarty, FDEP/TLH cathleen.mecarty@dep.state.JZu,s
Leandro Garcia, FDEP/TLEI leandro.garcia@dep.statef7.us
Mary Genung, FDEP/TLH mary.gcnung@depstale,fl.us
Nancy Marsh, USEPA/ATL marsh.nancy@epa.gov
Christopher Byrd, BYRD LAW christopherNbyrdlawJlorida.com
3
walc.dep.state.Jl.m-
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF DRAFT PERMIT
The Department of Environmental Protection hereby provides Notice that it has prepared a Draft
Permit for the proposed project as detailed in application File No. 336267-001-L1C/5 W(WACS
#102467), subject to the conditions specified in the draft permit and summarized below. The
applicant,Florida Keys Aqueduct Authority, Thomas Walker,P.E., Deputy Executive Director,
1100 Kennedy Drive,Key West, Florida 33041,applied on July 1,2015 for a permit to construct
and operationally test a Class V injection well system. The project is located at 780 Blimp Road,
Cudjoe Key,Florida 33042.
The facility will construct and operationally test-A non-hazardous Injection Well System,
consisting of one Class V, Group 3,injection well (DIW-1),with 12.75-inch steel casing and one
(I)dual zone monitor well (DZMW-1)system. The injection well is to be used for the disposal of
water meeting the Advanced Wastewater Treatment(AWT)criteria from the Cudjoe Regional
Advanced Water Reclamation Facility. Injection is into the Oldsmar Formation at approximately
2800 to 3200 feet below land surface(bls). Monitor well DZMW-1 will monitor two fifty foot
thick zones between the depths of 700 to 1700 feet big,with the selection of intervals dependent
upon well construction data. Well DIW-I will be constructed to Class I injection well standards.
The capacity for DIW-1 shall be as described in the Preliminary Design Report and Influent
Design Basis of the 2009 Wastewater Treatment Plant application:
• Annual Average: 0.94 Million gallons per day(MGD)
• Maximum Monthly Average: 1.18 MGD
• Peak Daily Average: 2.35 MGD
• Peak Hourly Average: 3.09 MGD
The Department has permitting jurisdiction under Chapter 403 of the Florida Statutes and the rules
adopted thereunder. The project is not exempt from permitting procedures. The Department has
determined that a construction and testing permit is required for the proposed work.
Any interested person may submit written comments on the draft permit for a minimum of 30 days
after publication of this public notice. A public meeting will be held on ,2015,at
a.m./p.m. at for the purpose of receiving oral and written comments concerning this project.
Written comments shall be submitted to the Department of Environmental Protection, Aquifer
Protection Program,2600 Blair Stone Road, MS 3530,Tallahassee, Florida 32399-2400,which is
the office processing this permit application. All comments received within the 30-day period and
through the public meeting date,will be considered in formulation of the Department's final
decision regarding permit issuance.
The application,draft permit, and fact sheet are available for public inspection during nonnal husines:
hours, 8:00 a.m. to 5:00 p.m.,Monday through Friday, except legal holidays,at the Department of
Environmental Protection, South District Office,2295 Victoria Avenue, Suite 364,P.O. Box 2549,
Fort Myers, Florida 33902-2549 and at the Department of Environmental Protection,2600 Blair
Stone Road,Tallahassee,Florida 32399-2400. Any additional information concerning this project
may be obtained by contacting Douglas Thornton,Engineering Specialist, at 850.245.8666.
mmrc.Jep.slale.Jl.us
Sc
0•••••••,,. Rick or
FLORIDA DEPARTMENT OF Governorr1"r
ENVIRONMENTAL PROTECTION Carlos Lop C tern
I.1 Governor
Non MARTINI'?C LNTFIt
2600 BLAIR STONE ROAD Jonathan P.Si arson
TALLU IASSI L.FLORIDA 3 Lt99^_J00 Interim Secretary
Underground Injection Control
Class V, Group 3, Injection Well System
Construction and Testing Permit
Permittee: Permit/Certification
Thomas Walker,P.E., Deputy Executive Director Permit Number 336267-001-UC/5W
Florida Keys Aqueduct Authority WACS ID: 102467
1100 Kennedy Drive Date of Issuance: Draft
Key West, Florida 33041 Date of Expiration: Dratl
twalker(a?tkaa.com Permit Processor: Douglas Thornton
Facility Location
Cudjoe Regional Advanced Water Reclamation Facility County: Monroe County UIC
780 Blimp Road Latitude: 24'40'36.66" N
Cudjoe Key,Florida 33042 Longitude: 8I` 30'30.84" W
Project: Class V Injection Well System DIW-1.
This permit is issued under the provisions of Chapter 403,Florida Statutes,and the rules adopted
thereunder. The above named permittee is hereby authorized to perform the work or operate the
facility shown on the application and approved drawing(s), plans, and other documents attached
hereto or on file with the Department and made a part hereof and specifically described as follows.
TO CONSTRUCT AND OPERATIONALLY TEST: A non-hazardous Injection Well System,
consisting of one Class V, Group 3,injection well (DIW-I),with 12.75-inch steel casing and one
(I) dual zone monitor well (DZMW-I)system. The injection well is to be used for the disposal of
water meeting the Advanced Wastewater Treatment(AWT) criteria from the Cudjoe Regional
Advanced Water Reclamation Facility(AWRF). Injection is into the Oldsmar Formation at
approximately 2800 to 3200 feet below land surface(bis). The approximate monitor depths for the
dual zone well are 700-750 feet bls(upper zone) and 1250-1300 feet bls(lower zone) if no USDW
is-present. If a USDW is present the approximate monitor depths will be 1450-1500 and 1650-
1700 feet bls. The capacity for DIW-1 shall be as described in the Preliminary Design Report and
Influent Design Basis of the 2009 Wastewater Treatment Plant application:
• Annual Average: 0.94 Million gallons per day(MOD)
• Maximum Monthly Average: 1.18 MOD
• Peak Daily Average: 2.35 MGD
• Peak Hourly Average: 3.09 MGD
PER VII'f TEE: Thomas Walker,P.L.,Deputy Executive Director Permit Number: 336267-00 I-UC/5W
Florida Keys Aqueduct Authority \A CS ID: 102467
Cudjoc Regional AWRF
IN ACCORDANCE WITH Tlie Application to Construct DEP Form No. 62-528.900(I)
received,July I, 2015,response to the Department's July 16,2015, request for additional
information, and supporting information submitted to Otis agency.
LOCATION: Cudjoe Regional Advanced Water Reclamation Facility, 780 Blimp Road,
Cudjoe Key, Florida 33042, in the county of Monroe.
The injection and monitoring wells at this facility are designated as follows:
Injection Well qq
te/JtJautr 7Ss1slY j . e • pea S*
44 Steel 30
UTAV-I 34 Steel 275
it Gtrnative,,1 14046 3200 24 Steel 1100
12.75 Steel 2800
Open hole From 2800 to 3200
54 Steel 30
44 Steel 275
D1W-1 34 Steel 1100
dlt�rmntive B 14046 3200 24 Steel 1700
12.75 Steel 2800
Open hole From 2800 to 3200
*Feet Below Land Surface
Monitoring Well
!('eiJ1V6m� Hrtonflrii ,' F Q �'n wtri 1Nbntt{irflJg
ary t Sl Ae",pf�i*
IPzlklYs IJ f �
30 Steel 30
20_-... FRI' 700
DZYIW-1 29831 A Upper Zone From 700 to 750
liter ative.1 ----
6.625 FRP 1250
29831 B Lower Zone From 1,250 to 1,300
30 Steel 275
- --- 20 FRP 700
1)ZMAV-I 12.75 Steel 1450
4hernatnr B 29831 A Upper Zone From 1,450 to 1,500
6.625 FRP 1650
29831 B I.over Zone From 1,650 to 1,700
*Peet Below Land Surface ...._...._.—
SUBJECT TO: Specific Conditions I-V and General Conditions 124.
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PERM ffTEE: Thomas Walker,P.E.,Deputy Executive Director Permit Number: 336267-D01-UC/5W
Florida Keys Aqueduct Authority MACS ID: 102467
Cudjoc Regional AWRF
Specific Conditions
I. GENERAL REQUIREMENTS
1. This permit is for Florida Keys Aqueduct Authority to construct and operationally test
one Class V, Group 3,injection well(DIW-1), with 12.75-inch steel easing and one
(I) dual zone monitor well (DZMW-1)system. This permit does not authorize the
construction or operational testing of any other well or wells. [62-528.440(2)(a)J
2. No underground injection is allowed that causes or allows movement of fluid into an
underground source of drinking water(USDW) if such fluid movement may cause a
violation of any Primary Drinking Water Standard or may otherwise affect the health
of persons. [62-528.440(2)(c)J
3. In the event a well must be plugged or abandoned,the permittee shall obtain a permit
from the Department as required by Chapter 62-528, Florida Administrative Code.
When no longer used for their intended purpose, these wells shall be properly plugged
and abandoned. Within 180 days of well abandonment,the permittee shall submit to
the Department the proposed plugging method,pursuant to Rule 62-528.460, F.A.C.
[62-528.460(1)and 62-528.435(6)]
4. If injection is to continue beyond the expiration date of this permit the permittee shall
- - ----. apply for, and obtain an operation permit. If necessary to complete the two-year
operational testing period,the permittee shall apply for renewal of the construction
permit at least 60 days prior to the expiration date of this permit. [62-528.307(2)(a)]
I1. SITE REQUIREMENTS
1. A drilling pad shall be provided to collect spillage of contaminants and to support the
heaviest load that will be encountered during drilling. [62-528.410(9)(b)J
2. No drilling operations shall begin without an approved disposal site for drilling fluids,
cuttings, or waste. It shall be the permittee's responsibility to obtain the necessary
approval(s) for disposal prior to the start of construction. A detailed disposal plan
shall be submitted to the Department prior to the commencement of drilling activities
for the injection and monitoring wells. [62-528.4/0(9)(a)]
3. Specific drilling pad dimensions and design drawings for Department record shall be
provided prior to commencing construction and shortly after selection of the drilling
contractor. [62-528.410(9)(b)]
4. The water table monitoring wells surrounding the well pads shall be sampled and
analyzed prior to drilling the test injection or monitoring wells and then weekly
thereafter. Sampling shall include specific conductance(umhos/em),pH (standard
units),chloride(mg/L),temperature(C)and water level (feet or PSI).
162-528.4/0(9)0)J
3
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PERMITTEE: Thomas Walker,P.E.,Deputy Executive Director Permit Number: 336267-001-UC/5W
Florida Keys Aqueduct Authority R'ACS ID: 102467
Cudjoe Regional AWRF
5. Hurricane Preparedness-Upon the issuance of a"Hurricane Watch"by the National
Weather Service, the preparations to be made include but are not necessarily limited to
the following:
a. Secure all on-site salt and stockpiled additive materials to prevent surface and/or
groundwater contamination.
b. Properly secure drilling equipment and rig(s)to prevent damage to well(s)and on-
site treatment process equipment.
[62-528.307(1)(9J
III. CONSTRUCTION AND TESTING REQUIREMENTS
A. General
1. Any construction,modification,repair,or abandonment of a well shall be performed
by a Florida licensed water well contractor, licensed under Chapter 62-532,F.A.C.,to
engage in the business of construction,modification,repair or abandonment of a well.
[62-532.200]
2. Well construction shall follow the requirements of Rule 62-532.500 for Water Well
Construction Standards. [62-532.500J
3. The measurement points for drilling and logging operations shall be surveyed and
referenced to the North American Vertical Datum of 1988 (NAVD 88)prior to the
onset of drilling activities for the injection well and associated dual zone monitoring
well. [62-160.240(2)1
4. Blow-out preventers or comparable flow control devices shall be installed on the wells
prior to penetration of the Floridian aquifer system. [62-528.410(9)(c))
5. The Department shall be notified 7 days prior to the mobilization of drilling operations
to the site. [62-528.307(1)(0
6. Waters spilled during construction or testing of the injection well system shall be
contained and properly disposed. [62-528.410(9)(h)J
7. If additives that were not approved in the permit application are used during grouting,
for lost circulation, or for any other reason, information on their properties shall be
submitted to FDEP prior to their use for Department review and approval.
[62-528.410(5)(c)/
8. No more than 6%bentonite gel should be used to cement any casing unless advance
approval is received from the Department due to conditions found during the drilling
and logging of the well. [62-528.420(5)(c)J
4
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PERMITTEE: Thomas Walker,P.E.,Deputy Executive Director Permit Number: 336267-00I-UC/5W
Florida Keys Aqueduct Authority WACS ID: 102467
Cudjoe Regional AWRF
B. Evaluation and Testing
1. The construction, geophysical logging program,and packer testing program shall be
implemental in accordance with this permit and as proposed in the following
submittals:
• July I,2015,"Well Construction Application";
• July 27, 2015,Response to RAI;
• Other approved submittals received by the Department.
[62.528.307(1)(6)j
2. Exact depths of casing seats and monitoring intervals will be detemiined based on
field conditions and the results obtained during the construction and testing program,
and are subject to the conditions of this permit. The injection well will be constructed
first followed by the monitoring wells. [62-528.410(4)(c)[
3. Packer tests shall be conducted in both DIW-1 and DZMW-I to identify confinement
and the base of the USDW.
a. The program shall,at a minimum include five packer tests in each of DIW and
DZMW-1, at intervals which are to be field determined.
b. At least one straddle packer test shall be conducted in both the proposed upper and
lower monitoring intervals of DZMW-1.
c. Packer tests shall be conducted in the anticipated confining intervals,from the
lowermost zone of the USDW(if existent)to the top of the injection zone. Results
from the packer tests will contribute to the demonstration of confinement. To the
extent feasible, the packer tests shall be performed over intervals that are
sufficiently narrow so as not to include high hydraulic conductivity beds.
d. Water samples shall be collected from each packer test, and analyzed for total
dissolved solids, chlorides,conductivity,ammonia, total Kjeldahl nitrogen,and
sulfate.
[62-528.4050)(a)and(2)(a)J
4. Department approval is required prior to the following stages of construction and
testing:
a. Contract documents and spud date
b. Intermediate(24-inch)casing seat in each injection well
c. Final(12.75-inch) casing seat in each injection well
d. Intermediate(12.75-inch or 20-inch)casing seat in monitoring well
e. Final(6.625-inch O.D.) casing seat in monitoring well
f. Monitoring zone selection (upper and lower zones)
g. Short-term injection test
h. Operational testing
[62-528.4/0(4)(c)and 62-528.420(4)(c)J
5. The depth of the USDW and the background water quality of the monitoring zones
shall be determined during drilling and testing using the following information:
a. Water samples from packer test data with analysis and interpretation
5
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PERMITTEF: Thomas Walker,P.E.,Deputy Executive Director Permit Number: 336267-001-UC/5W
Florida Keys Aqueduct Authority WACS ID: 102467
Cudjoe Regional AWRF
b. Geophysical logging upon reaching the total depth of the appropriate pilot hole
interval including the following logs: caliper,gamma, dual induction,borehole
compensated sonic,pumping flowmeter, temperature,and fluid resistivity.
[62-528.405(I)(a)and 62-528.405(3)(b)J
6. The upper monitoring interval shall be positioned at or slightly below the base of the
USDW(Alternative B as defined in the application and p. 2 of this permit). This zone
must be established within the lowermost portion of the USDW unless it can be
demonstrated that no zone is present that can produce adequate water for collection of
representative ground water samples. It is acceptable for the TDS of this zone to be
slightly greater than 10,000 mg/L. 162-528.425(I)(g)4]
7. The lower monitoring interval shall be positioned in a zone below the base of the
USDW that can produce adequate water for collection of representative ground water
samples (Alternative B as defined in the application and p. 2 of this permit). The
purpose of the lower monitor zone is to verify the effectiveness of the confining unit
and external mechanical integrity of the injection well. This zone shall be placed far
enough below the base of the USDW to function as an early warning for fluid
movement. [62-528.425(I)(g)4.J
8. If no USDW is present below the surficial aquifer(Alternative A as defined in the
application and p. 2 of this permit),two monitoring intervals shall be selected to verify
the effectiveness of the confining unit whose depths are consistent with the intervals
proposed for Alternative A,with allowance for site-specific hydrogeologic conditions.
9. The data and analysis supporting the selection of the monitoring intervals shall be
submitted to the Department after the collection, interpretation,and analysis of all
pertinent cores,geophysical logs,packer tests and analysis of fluid samples. The
Department shall approve the final selection of the specific upper and lower
monitoring intervals prior to monitor well completion. [62-528.420(3)(c)]
10.To identify the upper and lower monitoring zones,the following information from the
injection well and all available on-site sources of data shall be analyzed,interpreted
and submitted for UIC review and approval.
a. Borehole televiewer or downhole television survey
b. The characteristics of the transition zone(especially regarding TDS)in the
vicinity of the USDW
c. Packer test data including water quality(TDS,chlorides, sulfate, specific
conductance,ammonia,and total Kjeldahl nitrogen, at a minimum)
d. The specific capacity of the proposed upper and lower monitoring zones based
on packer testing results
e. The identification of the base of the USDW
[62-528.420(4)(c)]
II. Confinement shall be demonstrated using at a minimum,directly measured lithologic
properties,geophysical evidence,and tests performed while pumping the formation.
[62-528.405(2)(c)]
6
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PERMITTEE: Thomas Walker,P.E., Deputy Executive Director Permit Number: 336267-001-UC/5W
Florida Keys Aqueduct Authority WACS ID: 102467
Cudjoe Regional AWRY
12. Test results pertaining to confinement shall include and/or specifically reference the
following informational and quality control items:
a. Information that documents the calibration of tools, including field checks
prior to testing.
b. The conditioning/development of the borehole prior to logging, including the
techniques used and the time periods in which they were applied, and
c. Pertaining to packer/pump testing-recording the pumping rate regularly
throughout the test to account for possible variations in the pumping rate, and
providing information regarding the detection of packer leaks, if any, during
testing.
[62-528.405(2)(c)J
13. Representative samples of circulation fluid shall be collected when drilling with water,
air,or reverse air during the drilling of the pilot holes of Injection Well DIW-I and
Monitoring Well DZM W-1. Representative samples of circulation fluid shall be
collected at a minimum of every 90 feet in drilling. The circulation fluid samples shall
be analyzed for chloride and specific conductance at a minimum.
14. At sites where previous injection has occurred,the representative samples of
circulation fluid below the intermediate 24-inch casing in the injection well shall be
analyzed for TDS,chloride,sulfate, specific conductance,ammonia, and total Kjeldahl
nitrogen, at a minimum.
[62-528.405(3)@)J
15. If effluent is encountered or suspected during pilot hole drilling and testing, the
Department shall be notified immediately by telephone and in writing and immediate
appropriate precautionary measures shall be taken to prevent any upward fluid
movement. [62-528.440(2)(d)]
C. Mechanical Integrity
I. Mechanical Integrity.
a. Injection is prohibited until the pennittee affirmatively demonstrates that the well
has mechanical integrity. Prior to operational testing the permittee shall establish,
and thereafter maintain the mechanical integrity of the well at all times.
b. If the Department determines that the injection well lacks mechanical integrity,
written notice shall be given to the pennittee.
c. Within 4S hours of receiving written notice that the well lacks mechanical
integrity,unless the Department requires immediate cessation of injection,the
permittee shall cease injection into the well unless the Department allows
continued injection pursuant to subparagraph d below.
d. The Department shall allow the permittee to continue operation of a well that lacks
mechanical integrity if the pennittee has made a satisfactory demonstration that
fluid movement into or between underground sources of drinking water is not
occurring.
[62-528.307(2)(0J
7
aum.dep.etrrle.Jlms
PERMITTEE: Thomas Walker, P.E., Deputy Executive Director Permit Number: 336267-001-UC/5W
Florida Keys Aqueduct Authority WACS ID; 102467
Cudjoe Regional AWRF
2. Mechanical integrity of each injection well shall be determined pursuant to Rule 62-
528.300(6)(6)and(c),F.A.C. For wells with a fluid-filled casing/tubing annulus, this
includes both continuous annular monitoring and a pressure test of the casing/tubing
annulus every 5 years.
3. Verification of pressure gauge calibration must be provided to the Department
representative at the time of the test and in the certified test report. [62-528.300(6)(M
4. The Department's South District office must be notified a minimum of seventy-two
(72)hours prior to all testing for mechanical integrity on the injection wells. The
testing procedure must be approved by the Department before testing begins. All
testing must be initiated during daylight hours,Monday through Friday. An
evaluation of all test results must be submitted with all test data. [62-528.300(6)([)J
D. Surface Equipment
1. The integrity of the monitoring zone sampling systems shall be maintained at all times.
Sampling lines shall be clearly and unambiguously identified by monitoring zone at
the point at which samples are drawn. All reasonable and prudent precautions shall be
taken to ensure that samples are properly identified by monitoring zone and that
samples obtained are representative of those zones. Sampling lines and equipment
shall be kept free of contamination with independent discharges and no
interconnections with any other lines. [62-528.307(1)W and 62-528.307(3)(b)J
2. The surface equipment for the each injection well disposing of domestic(municipal)
effluent shall maintain compliance with Chapter 62-600.540(4),F.A.C., for water
hammer control, screening, access for logging and testing,and reliability and
flexibility in the event of damage to the well and effluent piping.
[62-600.540(4), 62-528.307(1)(1), and 62-528.307(3)(b)J
3. Injection wells not disposing of domestic(municipal)effluent shall maintain
compliance with Chapter 62-528.450(2)(j), F.A.C. for water hammer control, as well
as access for logging and testing, and reliability and flexibility in the event of damage
to the well and effluent piping.
[62-528.450(2)0'), 62-528.307(I)(f), and 62-528.307(3)(b)J
4. The surface equipment and piping for the injection and monitoring wells shall be kept
free of corrosion at all times. [62-52R.307(I)(f and 62-528.307(3)(b)J
5. Spillage onto the injection well pad(s)during constniction activities, and any waters
spilled during mechanical integrity testing,other maintenance,testing or repairs to the
system(s) shall be contained on the pad(s)and directed to a sump which in turn
discharges to the pumping station wet well or via other approved means to the
injection well system(s). 162-528.307(1)(I)and 62-528-307(3)(b)J
6. The injection well pads shall be maintained and retained in service for the life of the
injection wells. The injection well pads are not,unless specific approval is obtained
from the Department,to be used for storage of any material or equipment at any time.
[62-528.307(1)([)and 62-528.307(3)(b)J
8
n'n'mtdtp.Ntuten.u.s
PERMITTEE: Thomas Walker,P.E.,Deputy Executive Director Permit Number: 336267-001-IJC/5W
Florida Keys Aqueduct Authority WACS Ill: 102467
Cudjoc Regional AWRF
7. Four surficial aquifer monitoring wells, identified as Pad Monitoring Wells (PMWs),
shall be located near the comers of the pads to be constructed for DIW-I and DZM W-
1, and shall be identified by location number and pad location, i.e. NW,NE, SW, and
SE. If located in a traffic area the well head(s)must be protected by traffic bearing
enclosure(s)and cover(s). Each cover must lock and be specifically marked to
identify the well and its purpose. The PMWs shall be sampled as follows:
a. During the construction and associated testing phases,the PMWs shall be
sampled weekly for chlorides(mg/L), specific conductance(pmho/cm or
pS/cm),temperature,and water level relative to the North American Vertical
Datum of 1988(NAVD 88).
Initial PMW analyses shall be submitted prior to the onset of drilling activities.
b. The PMWs shall also be sampled for total dissolved solids(mg/L)during the
first four weeks of PMW sampling and at all times when specifically requested
by the Department.
c. The results of the PMW analyses shall be submitted to the Department in the
weekly progress report. The PMWs shall be retained in service throughout the
construction phase of the project. Upon completion of construction,the
permitter may submit a request to the Department for cessation of sampling
followed by capping, or plugging and abandonment of these wells.
[62-528.410(9)(b)J
IV. QUALITY ASSURANCE/QUALITY CONTROL
I. The permittce shall ensure that the construction and operational testing of this injection
well system shall be as described in the application and supporting documents. Any
proposed modifications to the permit shall be submitted in writing to the Tallahassee
office of the Aquifer Protection Program for review and clearance prior to implantation. '
Changes of negligible impact to the environment and staff time will be reviewed by the
program manager, cleared when appropriate and incorporated into this permit.
Changes or modifications other than those described above will require submission of a
completed application and appropriate processing fee as per Rule 62-4.050,F.A.C. [62-
528.100, 62-4.0501
2. Proper operation and maintenance include effective performance and appropriate
quality assurance procedures;adequate operator staffing and training; and adequate
laboratory and process controls. [62-528.307(2)(b)J
3. All water quality samples required by this permit shall be collected in accordance with
the appropriate Department Standard Operation Procedures (SOP), pursuant to
Chapter 62-160, F.A.C., Field Procedures. A certified laboratory shall conduct the
analytical work, as provided by Chapter 62-160, F.A.C., Laboratory Certification.
Department approved test methods shall be utilized, unless otherwise stated in this
permit. All calibration procedures for field testing and laboratory equipment shall
follow manufacturer's instrumentation manuals and satisfy the requirements of the
Department SOPs. A listing of the SOPs pertaining to field and laboratory activities is
available at the FDEP website at: http://www.dep.state.fl.us/water/sas/sop/sops.htm.
[62-4.246, 62-160J
9
n'm n'.drp. mre,/I.us
PEItMITTEE: Thomas Walker,P.H.,Deputy Executive Director Permit Number: 336267-001-UC/SW
Florida Keys Aqueduct Authority (VACS ID: 102467
Cudjoc Regional AWRF
4. All indicating,recording and totalizing devices associated with the injection well
system shall be maintained in good operating condition and calibrated annually at a
minimum. The pressure gauges, flow meter, and chart records shall be calibrated
using standard engineering methods. [62-528.307(1)([)and 62-528.307(2)(b)J
5. All reports submitted to satisfy the requirements of this permit shall be signed by a
person authorized under Rule 62-528.340(1),F.A.C.,or a duly authorized
representative of that person under Rule 62-528.340(2), F.A.C. All reports required by
this permit which are submitted to the Department shall contain the following
certification as required by Rule 62-528.340(4),F.A.C.:
I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system,or those persons directly responsible for gathering the
information,the information submitted is,to the best of my knowledge and
belief,true,accurate, and complete. 1 ain aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations.
[62-528.340(1), (2), and(4)1
6. Analyses shall be conducted on unfiltered samples, unless filtered samples have been
approved by the South District as being more representative of ground water
conditions. [62-520.310(5)]
7. A professional engineer registered pursuant to Chapter 471, F.S.,shall be retained
throughout the construction period to be responsible for the construction operation and
to certify the application, specifications,completion report and other related
documents. The Department shall be notified immediately of any change of engineer.
[62-528.440(5)(b)1
8. Continuous on-site supervision by qualified personnel (engineer and/or geologist,as
applicable)is required during all testing and geophysical logging operations.
[62-528.440(5)(b)J
V. REPORTING REQUIREMENTS
1. The drilling and construction schedule, site layout of drilling pad, and pad monitoring
well locations shall be submitted to the Department during site preparation but prior to
drilling operation commencement for the injection well system. [62-528.430(2)(a))
2. Weekly progress reports shall be submitted to the Department's Tallahassee and South
District offices throughout the construction period for each well. These reports,which
may be submitted by electronic mail, shall be submitted within 48 hours of the end of
the period of record and shall include at a minimum the following information:
a. A cover letter summary of the daily engineer report, driller's log and a
projection for activities in the next reporting period
I
inert%dep.sture l.us
PERMIT'rEE: Thomas Walker,P.E.,Deputy Executive Director Permit Number: 336267-00I-UC/5W
Florida Keys Aqueduct Authority WACS ID: 102467
Cudjoe Regional AWRF
b. Daily engineers reports and driller's/work logs with detailed descriptions of all
drilling progress,cementing, testing,logging, and casing installation activities.
c. Description of daily footage drilled by diameter of bit or size of hole opener or
reamer being used.
d. Collection of drilling cuttings every 10 feet and at every formation change;
e. Description of work during installation and cementing of casing, including
amounts of casing and cement used. Details of cementing operations shall
include the number of cementing stages,and the following information for
each stage of cementing: the volume of cement pumped,the theoretical fill
depth, and the actual tag depth. From both the physical tag and the
geophysical logs, a percent fill shall be calculated. An explanation of any
deviation between actual versus theoretical fill shall be provided
f. Details of the additions of salt or other materials to suppress well flow,
including the date, depth and amount of material used.
g. Description of testing accomplished including(but not limited to)pumping and
packer tests
h. Lithologic logs and core descriptions with cuttings description, formation and
depth encountered
i. Geophysical logs, video logs, and deviation survey results.
j. Water quality analyses,including but not limited to the weekly water quality
analysis and water levels for the PMWs.
k. Well development records
I, Interpretations included with all test results and logs submitted.
m. Documentation of disposal of drilling fluids,cuttings,formation water,or
waste as per specific condition 11.2.
n. Description of any construction problems that developed during the reporting
period and current status;
o. Copies of the driller's log are to be submitted with the weekly summary;
p. Description of any deviation survey conducted;
[62-528.430(1)and 62-528.410(9)(a)/
3. The final selection of specific injection and monitoring intervals must be approved by
the Department. In order to obtain an approval,the permitter shall submit a written
request to the Department's Tallahassee office. All casing seat requests for the
injection well(s)and the monitoring well(s)shall be accompanied by technical
justification. To the extent possible, each casing seat request should address the
following items:
a. Lithologic and geophysical logs with interpretations, as the interpretations
relate to the casing seat.
b. Water quality data(including but not necessarily limited to TDS
concentrations)
c. Identification of confining units, including hydrogeologic data and
interpretations
d. Identification of monitoring zones
II
a wrv.dep.sratell.us
PERMITFEE: Thomas Walker,P.E.,Deputy Executive Director Permit Number: 3 3 62 67-00 1-I1C/SW
Florida Keys Aqueduct Authority WACS ID: 102467
Cudjoc Regional A W RF
e. Casing depth evaluation (mechanically secure formation,potential for grout
seal)
f. Lithologic drilling rate and weight on hit data, with interpretations(related to
the casing seat)
g. Identification of the base of the USDW using water quality and geophysical
log interpretations
h. A certified evaluation of all logging and test results,submitted with test data.
i. Transmissivity or specific capacity of proposed monitoring zone
j. Packer test drawdown curves and interpretation
[62-528.410(4)(c), 62-528.420(4)(c)and 62-528.605(2)1
4. The short-term injection test request shall contain the following justifications:
a. Cement bond logs and interpretation
b. Final downhole television survey with interpretation
c. Demonstration of mechanical integrity, which shall include radioactive tracer
test results,pressure testing results,and temperature logging results (if the
injection test is to be after any of these mechanical integrity tests)
d. Reasonable assurance that adequate confinement exists
e. Planned injection testing procedures
f. Proposed source water to be used. Per Rule 62-528.405(3)(6), F.A.C.,if an
adequate water supply for the injection test does not exist, and the data
collected during drilling provide assurance of the presence of confining bed(s),
the applicant shall,after demonstrating mechanical integrity pursuant to Rules
62-528.300(6)(b)2. and(c),F.A.C.,be allowed to use an alternate source for
testing only with specific prior written authorization from the Department as
described in Rule 62-528.100(2), F.A.C. An analysis of the alternate water
source according to the table below is required prior to Department approval:
12
muw.dep.statefl.us
PERMITTEE: Thomas Walker, P.E.,Deputy Executive Director Permit Number: 336267-001-UC/5W
Florida Keys Aqueduct Authority WACS ID: 102467
Cudjoe Regional AWRF
Water Source Required Analyses
Potable Water No analysis needed
Domestic Wastewater A copy of the latest comprehensive analysis submitted to the Department's
domestic wastewater program
Desalination A copy of the latest comprehensive analysis submitted to the Department's
Concentrate or Other industrial wastewater program. If more than one year old,sample the
Industrial Wastewater water for the parameters required for monthly monitoring of the
wastewater in Specific Condition VI.
Sample the water for:
• total dissolved solids(mg/L)
• chloride(mg/L)
• specific conductance(temperature compensated, mmho/cm or inS/cm)
• total suspended solids(TSS)(mg/L)
• nitrogen, ammonia,total as N (mg/L)
• nitrogen, total Kjeldahl as N (TKN, mg/L)
• nitrogen,nitrate, total as N (mg/L)
• sodium(mg/L)
Ground Water • potassium(mg/L)
• calcium (mg/L)
• magnesium(mg/L)
• total iron(mg/L)
• bicarbonate(mg/L)
• phosphorous,total as P (mg/L)
• pH (standard units,s.u.)
• sulfate,total as SO4(mg/L)
• field temperature (°C)
• gross alpha(pCi/L)
• combined radium-226 and radium-228(pCi/L)
As above for ground water,with the additional constituents:
Surface Water • total and fecal coliform(cts/100m1),
• E. Coli (cts/IOOml),Enterococci (ets/100m1),and
• lurbidiSNTU).
[62-528.405(3)0W
5. Upon completion of analysis of cores and sample cuttings recovered during the
construction of wells covered by this pemtit(when no longer needed by the well
owner), the permittee shall contact the Geological &Geotechnical Data Acquisition
Program of the Florida Geological Survey(FGS)to arrange for the transfer of the
cores and cuttings. The FGS shall also be contacted to arrange for the collection of
100 ml water samples,with nitric acid preservative for metal analysis,at the end of
each packer test(where sufficient water is available)and aquifer background sample
collection events. [62-528.450(511
13
wroiv.dep.srareflus
PERMIFTEE: Thomas Walker,P.E.,Deputy Executive Director Permit Number: 3 3 6267-001-UC/5 W
Florida Keys Aqueduct Authority WACS ID: 102467
Cudjoe Regional AWRF
6. All cores,cuttings,and water samples for FGS shall be shipped to the Florida
Geological Survey, Geological &Geotechnical Data Acquisition Program, 3915
Commonwealth Boulevard,Tallahassee, Florida 32399. All cores and samples shall
clearly identify the site name,well name/number, depths of samples/cores, and the
latitude/longitude location of the well(s)using the form in this permit.
[62-528.450(521
7. A final report of the construction and testing of the injection well(s)and monitoring
well(s), shall be submitted no later than 120 days after commencement of operational
testing,pursuant to Rule 62-528.4300)(e), F.A.C. In addition,a copy of the cover
letter for the report shall be sent to the U. S. Environmental Protection Agency, Region
4, 311C program,61 Forsyth St. SW, Atlanta,GA 30303-8909. This report shall
include as a minimum,definitions of the injection interval, all relevant confining units,
the depth of the base of the USDW,and all monitoring zones, including all relevant
data and interpretations. [62-528.950(5)J
VI. OPERATIONAL TESTING AND MONITORING REQUIREMENTS
A. Operational Testing
I. The permittee shall conduct operational testing of the injection well system to
demonstrate that the well can absorb the design and peak daily flows that are expected,
prior to granting approval for operation. [62-528.450(3)(a)]
2. Prior to operational testing, the permittee shall comply with the requirements of rule
62-528.450(3)(a),(b), and (c), F.A.C. [62-528.307(2)(e)J
3. The operational testing of the injection well system under this permit shall not
commence without written authorization from the Department. [62-528.450(3)0)J
4. Prior to operational testing approval,the following items must be submitted with the
request for operational testing approval for Department review and approval:
a. Lithologic and geophysical logs with interpretations.
b. A copy of the borehole television survey(s) or borehole televiewer log(s)of the
injection well with interpretation.
c. Certification of mechanical integrity and interpreted test data.
d. Results of the short-term injection test with interpretation of the data.
e. A description of the actual injection procedure including the anticipated maximum
pressure and flow rate at which the well will be operated under normal and
emergency conditions.
C. Information concerning the compatibility of the injected waste with fluids in the
injection zone and minerals in both the injection zone and the confining zone.
g. Certification of completion of well construction from water well contractor and
certification by the Engineer of Record that permit conditions are met.
14
www.dip.sane.. f.as
- a
PERMITTEE: Thomas Walker,P.E., Deputy Executive Director Permit Number: 336267-001-UC/5W
Florida Keys Aqueduct Authority WAGS ID; 102467
Cudjoe Regional AWRF
It Surface equipment(including piping, pressure gauges and flow meters,and all
appurtenances) completion certified by the Engineer of Record.
i. Draft operation and maintenance manual, including a description of surge and
water hammer control and emergency discharge management plan procedures.
The emergency discharge system must be fully constructed and operational (ready
to operate) prior to approval of operational testing.
j. Calibration certificates for pressure gauges and flow meters.
k. Signed and sealed record "as-built"engineering drawings of the injection well
system including all well construction, subsurface and surface piping and
equipment, and appurtenances.
I. Demonstration of confinement and definition of the injection and confining
sequences shall utilize data collected during the drilling,logging,and testing of the
injection and monitoring wells. This submittal shall be prepared, signed,and
sealed by a Florida Registered Professional Geologist or appropriately qualified
Florida Registered Professional Engineer.
in. Background water quality data from the monitoring and injection zones, analyzed
for primary and secondary drinking water standards(62-550, F.A.C.)excluding
asbestos, dioxin,butachlor,acrylamide,and epichlorohydrin. The results
submitted as part of the Facility's request for Department authorization to conduct
injection testing may be referenced.
n. Analysis of the injected water, to be submitted within 60 days after start-up of
operational testing of DIW-1, for the same parameters as in condition VI.A.4.m.,
above.
o. Other data obtained during well construction needed by the Department to evaluate
whether the well will operate in compliance with Department rules.
p. A survey indicating the exact location in metes and bounds of all wells authorized
by this permit shall be provided prior to issuance of an operating permit.
[62-528.450(3)(a)3.i. and 62-528.455(/)(c)6J
5. Pressure gauges and flow meters shall be installed on the injection well prior to
initiating injection activities at the site. [62-528.450(3)(a)]
6. Prior to the authorization of operational testing by the Department,the permittcc shall
contact the South District office to arrange a site inspection. The inspection will
determine if the conditions of the permit have been met and to verify that the injection
well system is operational. During the inspection, emergency procedures and
reporting requirements shall be reviewed. [62-528.450(3)(e)j
7. The Engineer of Record or designated qualified representative must he present for the
start-up operations and the Department must be notified in writing of the date
operational testing commenced for the subject well. [62-528.440(5)0)J
15
rcaun.dep.xta/eJl.ns
PEI4MITTEE: Thomas Walker,Pb.,. Deputy Executive Director Permit Number: 336267-001-UC/5W
Florida Keys Aqueduct Authority WACS II): 102467
Cudjoe Regional AWRF
B. Monitoring
I. The permittee shall submit monthly to the Department the results of all injection well
and monitoring well data required by this permit no later than the last day of the month
immediately following the month of record. The report shall include:
a. A cover page summarizing the current status of all monthly activities, including
the certification and signature required in condition II.5.;
h. Operational and water quality data in a tabular format. The following identifying
information must be included on each data sheet:
i. Facility Name
ii. Well Name
iii. UIC Permit Number
iv. WACS Facility ID
v. WACS Testsite ID(on appropriate data sheet)as provided on the
Injection Well and Monitoring Well tables on page 2 of this permit.
c. Laboratory pages and supporting documentation.
[62-528.307(3)(d)]
2. The report may be sent via electronic mail in AdobetM(.pdt)format to the following
Program e-mail addresses:
South District SouthDistriet@dep.state.B.us
Tallahassee—UIC Program Tal_UIC@dep.state.fl.us
If a paper copy of the report is submitted,it should be sent to Department staff at the
following addresses:
2295 Victoria Avenue,Suite 364
South District P.O.Box 2549
Fort Myers,Florida 33902-2549
Tallahassee—UIC Program 2600 Blair Stone Road,MS 3530
Tallahassee,Florida 32399-2400
[62-528.307(3)(d)J
16
wow,dep.statell us
PEIRMItlEE: Thomas Walker,P.E, Deputy Executive Director Permit Number: 336267-001-UC/5W
Florida Keys Aqueduct Authority WACS ID: I02467
Cudjoe Regional AWRF
3. The injection system shall be monitored in accordance with Rules 62-528.425(I)(g)
and 62-528.430(2), F.A.C. The following injection well performance data and
monitor zone data shall be recorded and reported in the Monthly Operating Report
(MOR) as indicated below. Samples and measurements taken for the purpose of
monitoring shall be representative of the monitored activity.
[62-528.307(2)(d), 528.430(2), and 62-528.450(3)(b)5./
w s' M'' 7S- r ,, , v 4r�ca RR0iQ CYok'A�1 yL1 ''.-4;.
Injection Pressure,max. psi continuous '
Injection Pressure,mill psi - continuous '
Injection Pressure,avg. psi continuous
Flow Rate,max gpm continuous '
Flow Rate,mill. gpm continuous '
Flow Rate,avg. gpm continuous '
Water Level or Pressure max. ft NAVD or psi continuous •
Water Level or Pressure min. ft NAVD or psi continuous '
Water Level or Pressure avg. ft NAVD or psi continuous A
Volume AWRF Effluent Injected mg daily/monthly
pu h std. units grab W
Temperature(field)^ °C grab W
Specific Conductivity s pathos/cm grab W
Nitrate+Nitrite(as N) mg/L grab M
Ammonia mg/L grab M W
Total Kjeldahl Nitrogen(TKN) mg/L grab M W
Sulfate mg/L grab W
Total Dissolved Solids mg/L grab W
Chloride mg/l, grab W
Sodium mg/L grab M
Calcium mg/L grab M
Potassium mg/I. grab M
Magnesium mg/L grab M
iron mg/L grab M
Bicarbonate rng/L grab M
Sec iniccLion well and monitoring well tables at beginning of penult for mow in I'm oration.
D-daily; W -Weekly;M-monthly;
'—Operational data reporting for flows,pressures and water levels: daily max,min and average from
continuous reporting;monthly max,ruin and average(calculated from daily averages).
" Field samples
Weekly monitoring well parameters may he requested to he reduced to monthly after a 6-month testing
period and written Department approval.
I7
wn w.dep.stalr.JI.us
PERMITTEE: Thomas Walker,P.E,Deputy Executive Director Permit Number: 336267-001-UC/5W
Florida Keys Aqueduct Authority WACS ID: 102467
Cudjoe Regional AWRF
4. A specific injectivity test shall be performed monthly on the injection well as required
by Rule 62-528.450(3)(b)6., F.A.C. Pursuant to Rule 62-528.430(2)(d),F.A.C,the
specific injectivity test shall be performed with the pumping rate to the well set at a
predetermined level and reported as the specific injectivity index (gallons per
minute/specific pressure).The pumping rate to be used shall be based on the expected
flow, the design of the pump types,and the type of pump control used. As part of this
lest,the well shall be shut-in for a period of time necessary to conduct a valid
observation of pressure fall-off The specific injectivity test data shall he submitted
along with the monitoring results of the injection and monitoring well data. The testing
may be reduced to quarterly after a minimum of six months of operational testing and
with written Department approval. [62-528.430(2) (Nand(d); 62-528.450(3)05)6.J
5. Pertaining to the evacuation(purging)of monitoring wells,which is required prior to
the collection of samples for the Monthly Operating Reports(MORs),the facility may
elect to follow either one of the following two purging protocols:
a. The protocol stated below:
A minimum of three well volumes of fluid shall be evacuated from the
monitoring systems prior to sampling for the chemical parameters listed above.
Sufficient purging shall have occurred when either of the following has occurred:
I) pH, specific conductance and temperature when sampled, upon purging the
third or subsequent well volume,each vary less than 5% from that sampled
upon purging the previous well volume; or
2) Upon purging the fifth well volume.
b. The following protocol taken from DEP-SOP-001/01(Field Procedures):
1) Purge until the water level has stabilized(well recovery rate equals the
purge rate), then purge a minimum of one well volume,and then collect the
first set of stabilization parameters, namely pH,specific conductance and
temperature;
2) Thereafter,collect stabilization parameters> every 'h well volume;
3) Purging shall be complete when either of the following have occurred:
a) 3 consecutive readings of the parameters listed below are within the
following ranges":
• pH t 0.2 Standard Units
• Specific Conductance± 5.0%of reading
• Temperature±0.2°C
b) Upon purging the fifth well volume.
[62-160.210(1) and 62-528.430(2)J
01 Provided dissolved oxygen in the groundwater of the zone being monitored is<20%of saturation for the
measured temperature and turbidity is<20 NTUs. This assumption holds tnie for groundwater in most zones of
the Floridan aquifer.
Ig
Irnw.dep.slrac.ft us
PERMITTEE: Thomas Walker,P.E.,Deputy Executive Director Permit Number: 336267-00I-UC/5W
Florida Keys Aqueduct Authority VACS ID: 102467
Cudjoe Regional AWRF
6. The flow from the monitoring zones during well evacuation and sampling shall not be
discharged to surface waters or aquifers containing an underground source of drinking
water. Waters purged from monitoring wells in preparation for sampling shall be
diverted to the injection well head via the pad drainage system, wet well, or treatment
plant. [62-4.030, 62-620.320]
VII. ABNORMAL EVENTS
1. In the event the permittee is temporarily unable to comply with any of the conditions
of a permit due to breakdown of equipment,power outages or destruction by hazard of
fire,wind, or by other cause, the permittee of the facility shall notify the South District
office. [62-528.415(4)(a)]
2. Notification shall be made in person, by telephone,or by electronic mail(e-mail)
within 24 hours of breakdown or malfunction to the South District office.
[62-528.307(1X91
3. A written report of any noncompliance referenced in Specific Condition(1)above
shall be submitted to the South District office and the Tallahassee office within five
days after its occurrence. The report shall describe the nature and cause of the
breakdown or malfunction,the steps being taken or planned to be taken to correct the
problem and prevent its reoccurrence, emergency procedures in use pending correction
of the problem,and the time when the facility will again be operating in accordance
with permit conditions. [62-528.415(4)(b)]
VIII. EMERGENCY DISPOSAL
1. All applicable federal,state and local permits must be in place to allow for any
alternate discharges due to emergency or planned outage conditions.
[62-528.415(4)(c)IJ
2. Any proposed changes in emergency disposal methods shall be submitted to the South
District office and the Tallahassee office for review and approval prior to
implementation. [62-528.415(4)(c)]
3. The emergency disposal method must be fully operational in the event of planned or
emergency outages of the injection well system. [62-528.415(4)(e)2]
IX. FINANCIAL RESPONSIBILITY
I. The permittee shall maintain at all times the financial resources necessary to close,
plug,and abandon the injection and associated monitoring wells. [62-528.435(9)]
2. The permittee shall annually review the cost estimate for plugging and abandonment.
Upon the occurrence of the plugging and abandonment cost estimate exceeding,by 10
percent or more on an annual basis, the cost estimate upon which the current financial
19
tv,v,v.dcp_rmle fI.as
•
PERNIrfTEE: Thomas Walker, P.B.,Deputy Executive Director Permit Number: 336267-001-UC/5W
Florida Keys Aqueduct Authority WACS ID: 102467
Cudjoe Regional A W RF
responsibility is based,the permittee shall submit to the Department certified financial
documentation necessary to amend, renew,or otherwise replace the existing financial
responsibility pursuant to Rule 62-528.435(9)(6), F.A.C. and the conditions of this
permit. Documentation that the annual updates are being conducted shall be submitted
thirty(30)months after the date of permit issuance. [62-528.435(9)(b)]
3. In the event that the mechanism used to demonstrate financial responsibility should
become insufficient or invalid for any reason, the permittee shall notify the
Department's Tallahassee office in writing within 14 days of such insufficiency or
invalidation. The permittee shall within 90 days of said notification submit to the
Department's Tallahassee office for approval new financial documentation certifying
either the remedy of current financial insufficiency or resolution of the financial
instrument invalidation in order to comply with Rule 62-528.435(9)(6), F.A.C,and the
conditions of this permit. [62-528.435(9)(b)]
General Conditions
I. The terms,conditions,requirements, limitations and restrictions set forth in this permit
are "permit conditions"and are binding and enforceable pursuant to section 403.141,
F.S.[62-528.307(1)(a)J
2. This permit is valid only for the specific processes and operations applied for and
indicated in the approved drawings or exhibits. Any unauthorized deviation from the
approved drawings,exhibits, specifications,or conditions of this permit may constitute
grounds for revocation and enforcement action. [62-52 83 0 7(1)(b)]
3. As provided in subsection 403.087(7), F.S.,the issuance of this permit does not
convey any vested rights or exclusive privileges. Neither does it authorize any injury
to public or private property or any invasion of personal rights,nor infringement of
federal, state, or local laws or regulations. This permit is not a waiver of or approval
of any other Department permit that may be required for other aspects of the total
project which are not addressed in this permit. [62-528.307(1)(0
4. This permit conveys no title to land, water,does not constitute State recognition or
acknowledgment of title,and does not constitute authority for the use of submerged
lands unless herein provided and the necessary title or leasehold interests have been
obtained from the State. Only the Trustees of the Internal Improvement Trust Fund
may express State opinion as to title. [62-528,3070)(d)J
5. This permit does not relieve the permittee from liability for harm to human health or
welfare, animal, or plant life, or property caused by the construction or operation of
this permitted source, or from penalties there from; nor does it allow the permittee to
cause pollution in contravention of Florida Statutes and Department rules,unless
specifically authorized by an order from the Department. 162-528.307(1)(e)J
20
dims dep.,stare.Jl.us
PFI(MITTEE; Thomas Walker,P.b.,Deputy Executive Director Permit Number: 3 36267-00 1-I1C/5W
Florida Keys Aqueduct Authority WACS ID: 102467
Cudjoe Regional AWRF
6. The permittee shall properly operate and maintain the facility and systems of treatment
and control(and related appurtenances) that arc installed and used by the permittee to
achieve compliance with the conditions of this permit, or are required by Department
rules. This provision includes the operation of backup or auxiliary facilities or similar
systems when necessary to achieve compliance with the conditions of the permit and
when required by Department rules. [62-528.307(1)0
7. The permittee, by accepting this permit,specifically agrees to allow authorized
Department personnel,upon presentation of credentials or other documents as maybe
required by law and at reasonable times,access to the premises where the permitted
activity is located or conducted to:
a. Have access to and copy any records that must he kept under conditions of this
permit;
b. Inspect the facility,equipment, practices,or operations regulated or required
under this permit; and
c. Sample or monitor any substances or parameters at any location reasonably
necessary to assure compliance with this permit or Department rules.
d. Reasonable time will depend on the nature of the concern being investigated.
[62-528.307(1)(g)]
8. If, for any reason,the permittee does not comply with or will be unable to comply with
any condition or limitation specified in this permit,the permittee shall immediately
provide the Department with the following information:
a. A description of and cause of noncompliance; and
b. The period of noncompliance, including dates and times; or, if not corrected
the anticipated time the noncompliance is expected to continue, and steps being
taken to reduce,eliminate, and prevent the recurrence of the noncompliance.
The permittee shall be responsible for any and all damages which may result
and may be subject to enforcement action by the Department for penalties or
for revocation of this permit.
[62-528.307(J)(h)J
9. In accepting this pemtit,the permittee understands and agrees that all records,notes,
monitoring data and other information relating to the construction or operation of this
permitted source which are submitted to the Department may be used by the
Department as evidence in any enforcement case involving the permitted source
arising under the Florida Statutes or Department rules, except where such use is
proscribed by sections 403.11 1 and 403.73, F.S- Such evidence shall only be used to
the extent it is consistent with the Florida Rules of Civil Procedure and appropriate
evidentiary rules. [62-528.307(1)(i)J
10. The permittee agrees to comply with changes in Department rules and Florida Statutes
after a reasonable time for compliance; provided,however, the permittee does not
waive any other rights granted by Florida Statutes or Department rules.
[62-528.3070)(I)J
21
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PERMI'I'1'EE: Thomas Walker,P.E.,Deputy Executive Director Permit Number: 336267-001-UC/SW
Florida Keys Aqueduct Authority WACS ID: 102467
Cudjoe Regional AWRF
I I. This permit is transferable only upon Department approval in accordance with rules
62-4.120 and 62-528350,F.A.C. The pennittce shall be liable for any non-
compliance of the permitted activity until the transfer is approved by the Department.
[62-528.307(0(k)J
12.This permit or a copy thereof shall be kept at the work site of the permitted activity.
162-528.307(1)(1)J
13. The permittee shall comply with the following:
a. Upon request,the permittee shall furnish all records and plans required under
Department rules. During enforcement actions, the retention period for all
records shall be extended automatically unless the Department determines that
the records are no longer required.
b. The permittee shall hold at the facility or other location designated by this
permit records of all monitoring information(including calibration and
maintenance records and all original strip chart recordings for continuous
monitoring instrumentation)required by the permit,copies of all reports
required by this permit, and records of all data used to complete the application
for this permit. These materials shall be retained at least three years from the
date of the sample, measurement,report, or application unless otherwise
specified by Department rule.
c. Records of monitoring information shall include:
i. the date, exact place,and time of sampling or measurements;
ii. the person responsible for performing the sampling or measurements;
iii. the dates analyses were performed;
iv. the person responsible for performing the analyses;
v. the analytical techniques or methods used;
vi, the results of such analyses.
d. The pemiittee shall furnish to the Department,within the time requested in
writing,any information which the Department requests to determine whether
cause exists for modifying,revoking and reissuing, or terminating this permit,
or to determine compliance with this permit.
e. If the permittee becomes aware that relevant facts were not submitted or were
incorrect in the permit application or in any report to the Department,such
facts or information shall be corrected promptly.
[62-528.307(1)(m)J
l4. All applications,reports, or information required by the Department shall be certified
as being true, accurate,and complete. 052-528.3 0 7(1)(n)J
15. Reports of compliance or noncompliance with, or any progress reports on,
requirements contained in any compliance schedule of this permit shall be submitted
no later than 14 days following each scheduled date. [62-528.307(1)(o)J
22
PERMITTEE: Thomas Walker,P.H., Deputy Executive Director Permit Number: 336207-00TUC/5W
Florida Keys Aqueduct Authority WACS ID: 102467
Codjoe Regional AWRF
16. Any permit noncompliance constitutes a violation of the Safe Drinking Water Act and
is grounds for enforcement action; for pennit termination, revocation and reissuance,
or modification; or for denial of a permit renewal application. [62-528.307(1)(p)1
17. 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. [62-528.307(1)(g)]
18. The permittee shall take all reasonable steps to minimize or correct any adverse impact
on the environment resulting from noncompliance with this permit [62-528.307(1)01
19. This permit may be modified, revoked and reissued, or terminated for cause,as
provided in 40 C.F.R. sections 144.39(a), ]44.40(a),and 144.41 (1998). The filing of
a request by the permittee for a permit modification,revocation or reissuance, or
termination,or a notification of planned changes or anticipated noncompliance, does
not stay any permit condition. [62-528.307(I)(s)J
20.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 procedures specified under rule 62-528.435,F.A.C. The
permittee shall deliver the records to the Department office that issued the permit at
the conclusion of the retention period unless the permittee elects to continue retention
of the records. [62-528.307(1)(r)]
21. All reports and other submittals required to comply with this permit shall be signed by
a person authorized under rules 62-528.340(1)or(2), F.A.C. All reports shall contain
the certification required in rule 62-528.340(4),F.A.C.[62-528.307(1)(u)]
22. The permittee shall notify the Department as soon as possible of any planned physical
alterations or additions to the permitted facility. In addition,prior approval is required
for activities described in rule 62-528.410(I)(h). [62-528.307(1)(v)]
23. The pennittee shall give advance notice to the Department of any planned changes in
the permitted facility or injection activity which may result in noncompliance with
permit requirements. [62-528.307(I)(w)]
23
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PERMITTEE: Thomas Walker,P.E., Deputy Executive Director Permit Number: 336267-001-11C/5W
Florida Keys Aqueduct Authority WAGS ID: 102467
Cudjoe Regional AWRF
24. The permittee shall report any noncompliance which may endanger health or the
environment including:
a. Any monitoring or other information which indicates that any contaminant
may cause an endangennent to an underground source of drinking water;or
b. Any noncompliance with a permit condition or malfunction of the injection
system which may cause fluid migration into or between underground sources
of drinking water.
Any information shall be provided orally within 24 hours from the time the permittee
becomes aware of the circumstances. A written submission shall also be provided
within 5 days of the time the permittee becomes aware of the circumstances. The
written submission shall contain a description of the noncompliance and its cause,the
period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time it is expected to continue; and the steps
taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance.
[62-528.307(1)(x)J
Issued this day of 2015
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION
t
_ r
Joseph Haberfeld
Aquifer Protection Program Administrator
Division of Water Resource Management
24
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FDEP Underground Injection Control Program Sample Form
(Cores/Cuttings/Formation Water)
Well Name:
Well Type (circle one) Class I Class V Exploratory Monitoring_.
Date Collected: Date sent to FGS:
Sample type (circle one) Core Cuttings Formation Water
Preservative used — if formation water sample—(circle one)
Nitric n/a Other(describe) _
Datum and elevation: Sample Interval:
Elevation method (circle one)
Survey USGS Quadrangle Other(describe)
Sample Interval Drilling Method (circle one)
Reverse Air Mud Rotary Sonic/Acoustic Other (describe)
Well Coordinates " N / ° "W
Method (circle one) AGPS (hand held) DGPS (GPS survey) Map Derived _
FDEP Permit Number:
Facility Name:
Permittee (owner):
Facility Address:
Drilling Company: _ Lead Driller:
Project Geologist: Consulting Company:
FACT SHEET
FKAA Cudjoe Regional AWRY
Pennit#0336267-001-UC/5W, WACS No.: 102467
August 12.2015
I. General Information
A. Statutory Basis for Requiring/Issuing Permit
The Department has permitting jurisdiction under Chapter 403,Florida Statutes(ES),and
the rules adopted thereunder. The project is not exempt from permitting procedures. The
Department has determined that a construction permit is required for the project.
B. Name and Address of Applicant
Mr. Thomas Walker, Deputy Executive Director
Florida Keys Aqueduct Authority(FKAA)
1100 Kennedy Drive
Key West, Florida, 33041-4021
Facility
Cudjoe Regional Advanced Water Reclamation Facility(AWRF)
780 Blimp Road
Cudjoe Key, Florida, 33042
C. Description of Applicant's Operation
To construct, to Class I injection well standards,one(1)non-hazardous,Class V,
Group 3, 12.75-inch outer diameter(OD)steel casing injection well(DIW-I)and one
(I)dual zone monitor well (DZMW-1) system located at the Cudjoe Regional AWRF,
780 Blimp Road, Cudjoe Key,FL. The injection well is to be used for the disposal of
water meeting the Advanced Wastewater Treatment(AWT)criteria from the Cudjoe
Regional AWRF. Injection is into the Oldsmar Formation at approximately 2800 to
3200 feet below land surface(his). The latitude longitude location of DIW-1 will be
24°40' 36.66"N; -81°30' 30.84" W. The capacity for DIW-1 shall be as described in
the Preliminary Design Report and Influent Design Basis of the 2009 Wastewater
Treatment Plant application: (gpm).
• Annual Average: 0.94 Million gallons per day(MGD)
• Maximum Monthly Average: 1.18 MUD
• Peak Daily Average: 2.35 MUD
• Peak Hourly Average: 3.09 MGD
D. Permitting History of the Facility
None for this Class V well.
E. Documents Used in Permitting Decision
1. FDEP Class V Construction Permit Application, Cudjoe Regional Advanced
Water Reclamation Facility Deep Injection Well (DIW-I) and Dual Zone
Monitoring Well DZMW-1), prepared for Florida Keys Aqueduct Authority by
CH2M Hill, July 6, 2015.
2. Response to incompleteness items, CH2M Hill,July 27,2015.
Fact Sheet
FKAA Cudjoe Regional AWRF
3. Engineering Report on Construction and Testing of Key West Deep Injection
Well System for 1W-1, November 2000.
4. Engineering Report on the Construction and Testing of(Key West) Deep Injection
Well, I W-2, September 4,2006.
5. Cudjoe Key Wastewater Treatment Plant Preliminary Design Report, part of the
April 22, 2009 FKAA Wastewater Treatment Plant application,
2. Reasons Permit was Issued
A. Area of Review (Rule 62-528.300(4), F.A.C.)
Wells located within a 2.0 mile(10,560 ft)radius from the injection facility were
located on a map and the well information listed. There were no wells identified that
were not properly completed or plugged within the 2.0 mile area of review. Sec
Document I, and Rules 62-528.300(4) and 62-528.455(3)(b)1. and 2. F.A.C.
B. Mechanical Integrity Demonstration (Rule 62-528.300(6)(c), F.A.C.
1. To be demonstrated by a one hour pressure test of at least I.50 X the maximum
injection pressure on the cemented casing. The pressure test will be considered
successful if the pressure change is not in excess of 5 percent(Document 1).
2. A temperature log and radioactive tracer log will be run on the completed
injection well (Document I).
C. Confinement(Rule 62-528.405 (2),F.A.C.)
The Arcadia, Suwannee, Avon Park and the upper Oldsmar formations provide
confinement between the injection zone and the surfacial aquifer system. The
confinement at this site is approximately 2580 feet thick and occurs between
approximately 220 and 2800 feet below land surface(bls). Lithology is mostly
limestone with minor amounts of dolomite. See Documents I,3 and 4.
D. Underground Source of Drinking Water(Rule 62-528.405(1)(a), F.A.C.)
The Underground Source of Drinking Water(USDW) is ground water consisting of
water with a total dissolved solids(TDS)value less than 10,000 ing/L. On-site data
from shallow wells and testing during the construction of the 1W-I and IW-2 deep
injection wells at the RA Heyman WWTP facility in Key West demonstrate that there
is likely to be no USDW at the injection well site. Further hydrogeologic testing will
be conducted during well construction to confirm the presence or absence of a USDW
at the Cudjoe AWRF. The well completion plan has been developed for either
possibility.
Sec Document I.
Page 2 of 5
Fact Sheet
FKAA Cadjoc Regional AWRF •
E. Injection Zone(Rule 62-528.405 (3), F.A.C.)
Based on available data from the nearest deep injection wells at RA Heyman Facility,
the injection zone is between 2800' and 3200 feet bls. These data indicate that the
injection zone is sufficiently permeable and saline for injection. This targeted interval
is within the Oldsmar Formation of Eocene Age where the lithology consists of well-
indurated,variable vuggy and fractured dolostones and poorly indurated limestones.
See Documents 1, 3,and 4 for details_
F. Well Constmetion-The Dual Zone Monitor Well shall be constructed first to identify
the presence or absence of a USDW.
DIW-I Alternative A- No USDW
44"OD steel casing set to 30 feet bls,thickness is 0.375 inches.
34"OD steel casing set to 275 feet his,thickness is 0.375 inches.
24"OD steel casing set to 1,100 feet bls, thickness is 0.375 inches.
12.75"OD steel casing set to 2,800 feet bls, thickness is 0.50 inches.
All casings will be cemented to land surface.
The open-hole portion of the well extends from 2800 to 3200 feet bls.
DIW-1 Alternative B-USDW Present
54"OD steel casing set to 30 feel bls,thickness is 0.375 inches
44"OD steel casing set to 275 feet bls, thickness is 0.375 inches.
34"OD steel casing set to 1,100 feet bls,thickness is 0.375 inches.
24"OD steel casing set to 1700 feet bls,thickness is 0.375 inches.
12.75"OD steel casing set to 2,800 feet bls,thickness is 0.50 inches.
All casings will be cemented to land surface.
The open-hole portion of the well extends from 2800 to 3200 feet bls.
See Document 1 for details.
G. Monitor Plan(Rule 62-528.425 (1), F.A.C.)
An on-site dual zone monitor well monitor well will monitor aquifers overlying the
injection interval. The approximate monitor depths for the dual zone well are 700-750
feet bls (tipper zone)and 1250-1300 feet bls (lower zone) if no USDW is present. If a
USDW is present the approximate monitor depths will be 1450-1500 and 1650-1700
feet bls. The two zones are within the Floridan aquifer.
During the operational testing phase of the permit, required injection and monitor well
monitoring parameters include continuous injection volume, flow rate and pressure,
and monthly monitoring of the effluent stream of the AWRF for the parameters listed
in the specific conditions of the permit. Monitor well water quality sampling
parameters listed in the permit will be collected. Quarterly specific injectivity and
pressure fall off testing is also required. See Document I.
Page 3 of 5
Fact Sheet
FKAA Cudjoe Regional AWRF
H. Financial Responsibility(Rule 62-528.455 (3)(b) 8. F.A.C.)
Financial responsibility for this facility was demonstrated by local government
guarantee. A cost estimate for plugging and abandoning the entire injection well
system for this facility was submitted as part of the application. See Document I for
details.
I. Emergency Discharge(Rule 62-528.455 (I) (d), F.A.C.)
In case of emergency or planned maintenance, wastewater will be directed to the four
permitted shallow Class V,Group 3 injection wells at the AWRF. Use of the shallow
wells will be in accordance with the AWRF permit. See Documents I and 2.
3. Agency Action
A draft permit will be issued as per Rule 62-528.310,F.A.C.
Page 4 of5
Fact Sheet
FKAA Cudjoe Regional AWRF
4. Public Rights (Rules 62-528.310, .315,and.326,F.A.C.)
Any interested person may submit written comments on the draft permit,and may
request a public meeting, within 30 days of the public notice. A public meeting will be
held on , 2015,at a.m./p.m.at for the purpose of receiving oral and
written comments concerning this project. Written comments shall be submitted to the
Department of Environmental Protection,Aquifer Protection Program, 2600 Blair Stone
Road, MS 3530,Tallahassee,Florida 32399-2400, which is the office processing this
permit application. All comments received within the 30-day period and through the
public meeting date,will be considered in formulation of the Department's final decision
regarding permit issuance.
After the conclusion of the public comment period and public meeting described above
the Department may revise the conditions of the permit based on such public comment.
Then the applicant will publish Notice of the Proposed Agency Action. A person whose
substantial interests are affected by the Department's proposed permitting decision may
petition for an administrative proceeding(hearing). Accordingly, the Department's final
action may be different from the position taken by it in the Notice of the Proposed
Agency Action. The petition must conform to the requirements specified in the Notice
and he tiled (received)within 14 days of publication of the Notice in the Office of
General Counsel, M.S.35,3900 Commonwealth Boulevard,Tallahassee, Florida 32399-
3000. The failure of any person to file a Petition within the appropriate time period shall
constitute a waiver of that person's right to request an administrative(hearing)under
Section 120.569 and Section 120.57 of the Florida Statutes,or to intervene in this
proceeding and participate as a party to it. Any subsequent intervention (in a proceeding
initiated by another party)will only be at the discretion of the presiding officer upon
tiling of a motion in compliance with Rule 28-106.205 of the Florida Administrative
Code.
The application and draft permit are available for public inspection during normal
business hours, 8:00 a.m. to 5:00 p.m, Monday through Friday, except legal holidays,at
Department of Environmental Protection, Aquifer Protection Program, 2600 Blair Stone
Road, Mail Station 3530,Tallahassee, Florida, 32399-2400, and Department of
Environmental Protection, South District Office, 2295 Victoria Ave., Suite 364,Fort
Myers, Florida 33901.
5. Agency Contact
Douglas Thornton
Engineering Specialist III
Florida Department of Environmental Protection
Aquifer Protection Program
2600 Blair Stone Road I Mail Station 3530
Tallahassee I Florida 132399-2400
Phone: 850.245.8666
Page 5 of 5
EXHIBIT C
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