Item C23BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 15, 2011 Division: Public Works
Bulk Item: Yes X No _ Department: Facilities Maintenance
Staff Contact Person John King (305) 292-4531
AGENDA ITEM WORDING: Approval award bid and execute a contract with U. S. Water Services
Corporation for the operation and maintenance of wastewater treatment plant for the Roth Building,
Monroe County.
ITEM BACKGROUND: Our current agreement with U. S. Services will terminate May 31, 2011.
Bids were opened March 9, 2011 with U. S. Water Services being the sole respondent.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $14,425.88/annual INDIRECT COST: BUDGETED: Yes X No
$1,202.16/month
Repairs: Regular business hours $65.00
Emergency/OT $78.00
Parts — cost + 15%
Sludge removal after first 4 — cost +15%
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: same SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County AttyOMB/Purchasing Risk Management
DOCUMENTATION: IncluredX Not Required
DISPOSITION:
Revised 1/09
AGENDA ITEM #
M E M O R A N D U M
DATE: May 5, 2011
TO: Dent Pierce, Division Director
Public Works
FROM: John W. King, Sr. Director
Lower Keys Operations
RE: Agenda Item — June 15, 2011 BOCC Meeting
Approval to Award Bid and Execute Contract with U.S. Water
Services Corporation — Operation and Maintenance of the
Wastewater Treatment Plant — Roth Building
The current contract for the Roth Building wastewater maintenance and services terminates May
31, 2011 with no remaining options to renew. Bid opening was set for March 9, 2011 with one
respondent, U. S. Water Services Corp.
I hereby request approval to award bid and execute an agreement and with U. S. Water Services
Corporation for the operation and maintenance of the sewage treatment plant at the Roth Building.
JWK/jbw
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: U.S.Water Services Corp Contract #
Effective Date: 06/01/11
Expiration Date: 05/31/12
Contract Purpose/Description:
Operation and Maintenance of the Wastewater Treatment Plant at the Roth Building
Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 06/15/11 Agenda Deadline: 05/31/11
CONTRACT COSTS
Total Dollar Value of Contract: $ 14,425.88 + Current Year Portion: $
repairs
Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340-
Grant: $ N/A - - -
County Match: $ N/A - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial
CONTRACT REVIEW
4,808.64 +
repairs
salaries, etc.)
Changes
Date Out
Date In
Division Director S ?13 li
Needed
Yes❑ NoE
Reviewer
�3
I1-2,1 Risk Managerat �5 (D (l
O.M.B./Purc; l t
Yes❑ No[/f3-t4�-
Yes[:] Noo
County Attorney �`
Yes❑ N�U
Comments:
OMB Form Revised 2/27/01 MCP #2
AGREEMENT FOR OPERATION AND MAINTENANCE
WASTERWATER TREATMENT PLANT — ROTH BUILDING
This Agreement is made and entered into this ! 5 r 1` day of -� �' �`�'� , 2011,
between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and U. S. WATER
SERVICES, CORPORATION ("CONTRACTOR"), a Florida corporation, whose address is
4939 Cross Bayou Boulevard, New Port Richey, FL 34652.
WHEREAS, COUNTY desires to provide operation and maintenance of wastewater
treatment plant for the ROTH BUILDING, Monroe County, and
WHEREAS, CONTRACTOR desires and is able to provide operation and maintenance
of wastewater treatment plant for the ROTH BUILDING, Monroe County; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
operation and maintenance of wastewater treatment plant for the ROTH BUILDING Monroe
County, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is
agreed as follows:
1. THE AGREEMENT
The Agreement consists of this document, the bid documents, exhibits, and any addenda only.
2. SCOPE OF THE WORK
A. The Contractor's services shall include all DEP requirements stipulated in the
Operating Pen -nit (attached as Exhibit A) in order to operate the facility efficiently and reliably,
and to maintain the facility according to the Permit. The Contractor shall invoice the County for
the operation and maintenance services on a monthly basis, in arrears, at the fee schedule rate.
i. Comply with all conditions specified within the current Permit for this
facility
ii. Comply with all DEP rules, Florida Statutes, and county and local
regulations pertaining to the operation and maintenance of wastewater facilities, systems of
treatment and control, and related appurtenances.
iii. Notify the County Facilities Maintenance Department, by written notice,
of changes in DEP rules, Florida Statues, county and local regulations, as they apply to plant
permitting or operations.
iv. Become familiar with all Permit requirements, DEP rules, Florida Statutes,
and county and local regulations which affect the above referenced wastewater facility. In
addition, the contractor shall advise and make recommendation to the County on matter
concerning the operation of the facility, and shall provide written notification to the County of
any and all deficiencies encountered that may result in a non-compliance operating violation.
This notification shall include the observation of the deficiencies, recommended corrections, and
cost estimates. Said notification shall be delivered to the Facilities Maintenance Director for
Agreement 1 January 2011
review and approval. In the event that the County shall receive a notice on non-compliance or of
potential violation, written notice shall be given the contractor.
V. Provide, and maintain on site, records as required by the Permit
conditions. The Contractor shall submit supplemental copies of record documents and monthly
operation reports (MOR) to the Facilities Maintenance Director.
vi. Inspect and maintain the facility's equipment, practices, and operation
regulated or required by the Permit conditions.
vii. Perform all other routine operation and maintenance tasks for the facility
as part of the monthly service and included in the monthly fee such as, but not limited to, the
following:
a. Operate the wastewater facility according to the manufacturer's
specifications and pursuant to the Federal, State, County, and local regulatory rules with
particular attention to Florida Laws, Chapter 403 and the Florida Administrative Codes, 62-600,
62-604, 62-610, 62-611, 62-640, F.A.C., and other applicable sections;
b. Inspect and lubricate all equipment which requires lubrication in
accordance with the manufacturer's specification and recommendations
C. Supply, monitor, and record chlorine feed and effluent residuals
regularly. Chlorine costs shall be included in the monthly operation and maintenance fee.
d. Replace motor/blower belts when required (labor and parts
furnished by the Contractor);
e. Clean blower filters on a regular basis;
f. Repair minor electrical and plumbing problems at the contractors
cost of $500.00 and below;
g. Perform minor repairs of pump station equipment and controls at
the contractors cost of $500.00 and below;
h. Maintain proper adjustment of all apparatus controls;
Maintain all painted surfaces;
j. Record the daily flow in gallons per day;
k. Record the Ph of effluent;
1. Daily maintain air to all required components of the treatment
plant. The contractor shall individually check and clean all air diffusers and skimmers as
required, then adjust aeration as required to maintain plant balance;
M. Check sludge return;
n. Transfer sludge as required to various plant components and
concentrate into the digester as necessary to maintain plant operating efficiency;
o. Mechanically check standby equipment weekly;
P. Clean and hose down plant regularly to maintain good
housekeeping of the facility, and remove all unsightly debris and materials from facility area on a
regular basis;
Agreement 2 January 2011
q. Provide all digester sludge removal services: Maximum of four
removals annually, when required. Any additional removals in excess of 1,200 gallons require
the County's prior written approval; the contractor shall notify the Facilities Maintenance
Department when such additional removals are anticipated. The cost breakdown for any
removals beyond the four cited above shall consist of the disposal cost to the contractor plus 15%
handling charge. The Contractor shall be solely responsible for all sludge removal services and
any required testing. The Contractor shall submit to the Facilities Maintenance department a
copy of the landfill inbound charge (dump) ticket(s) after every sludge removal service; and
r. Provide for emergency standby pumping services for the facility
(inclusive of all necessary equipment, materials, and labor) in the event that an unusual
occurrence makes it necessary to immediately pump out a plant to prevent untreated wastewater
from improperly escaping into the environment. The Contractor shall perform this function to
the best of the Contractor's ability considering the circumstances surrounding the unusual
occurrence, and such occurrences shall qualify this as an emergency service.
viii. Provide sampling, testing, results, and monitoring of any substances or
parameters at any locations reasonably necessary to assure compliance with the Permit
conditions or DEP rules.
ix. Protect the County from any condition which may result in non-
compliance with DEP rules, Florida Statutes, or county or local regulations to the best extent
possible. Inform the County immediately and in writing at once upon recognition of a potential
problem.
X. Maintain a copy of the current Operating Permit on site.
xi. Maintain monitoring and record keeping as required by the Permit
conditions, DEP rules, county and local regulations.
B. REPAIRS
The Contractor shall make all repairs as necessary to assure that the facility is
operating efficiently, reliably, and in accordance with all requirements of the DEP and the DEP
Operating Permit. When the Contractor deems a repair to be necessary, and over $500.00, the
Contractor shall prepare a detailed cost estimate based on the fee schedule rates stipulated in the
contract for labor, actual cost of parts needed to make the repairs, plus the handling charge as
indicated in the contract, and present it to the County for approval. The Contractor shall initiate
the approved repairs within 48 hours of said approval. Upon completion of the repairs, the
Contractor shall document the work performed as is required by the DEP Operating Permit and
other on -site service logs.
In any month in which the total for Repairs (as defined above) does not exceed
$500.00, the Contractor will not invoice said amount to County and the Contractor will be
responsible for said amount.
In any month in which Repairs (as defined above) exceed $500.00, the Contractor
will invoice and the County will pay the full amount stated on the invoice.
C. EMERGENCY SERVICE
The County shall contact the Contractor immediately when an emergency call is
needed. The Contractor shall also notify the County immediately in the event of a facility
emergency. The Contractor and the County shall make entries into a log, which shall include;
the date and time the problem was discovered, a description of the problem, the date and time the
Agreement 3 January 2011
contractor was notified, the date and time the contractor arrived at the facility, the date and time
the Contractor departed, and a summary of the steps taken to rectify the problem. The
Contractor shall respond to all emergency calls which occur during normal working hours and
holidays and weekends within three hours of notification by the County (see Section 2.E.
EXCEPTIONS). The Contractor and the County shall simultaneously log the time the County
contacted the contractor for an emergency service documentation of the above time
requirements. The Contractor shall invoice the County for after -hour, weekend and holiday
emergencies based on the applicable hourly rate indicated in the contract, the actual costs of any
parts used to rectify the problem, plus the applicable percentage as stipulated in the contract.
D. ADDITIONAL SERVICES
When requested by the County, the Contractor shall advise and recommend, in
writing to the County, any needed improvements, and shall invoice the County at the fee
schedule rates for labor as specified in the contract.
E. EXCEPTIONS
All of the above described tasks or requirements shall be considered routine duties
of the contractor except:
i. Repairs which are over the $500.00 limit, as defined in Section 2.13.
REPAIRS, shall be based on the fee schedule rates for labor for "Emergency Service Calls
(Monday —Friday after normal working hours)" outlined in the contract.
ii. The Contractor shall not be held responsible for the inability to perform
due to factors beyond the Contractor's control.
F. MAJOR COMPONENT FAILURE
In the event of a major component failure or system breakdown, the COUNTY,
when deemed as an emergency situation, shall have the option to request from the
CONTRACTOR only, a proposal/quote for replacement equipment in an amount that could
exceed Five Thousand Dollars ($5,000). Any proposal over $5,000 up to and including $10,000
must be approved and signed by the Division Director and/or the County Administrator. Any
proposal over $10,000 up to and including $25,000 must be approved and signed by the Division
Director and the County Administrator.
3. CONTRACT AMOUNT
The County shall pay to the Contractor for the faithful performance of the Contract, in
lawful money of the United States, as follows:
1) Monthly Operation and Maintenance Services
(as outlined in the contract specifications)
2) Repairs - beyond the $500.00 limit (routine, prior
approval required). Normal working hours of
8:00 a.m. to 5:00 p.m. Monday through Friday,
excluding holidays
3) Emergency service call. Overtime rate for -
hours other than normal hours as stated above,
including weekends and holidays.
4) Handling fee for parts required for operation, maintenance,
$1,202.16 per month
$14,425.88 per year
$65.00 per hour
$78.00 per hour
Agreement 4 January 2011
Repairs and emergency services. Cost + 15 %
5) Sludge removal (beyond four per year required as
Regular maintenance) Cost + 15 %
Note: There are no additional costs for travel, mileage, meals, or lodging.
The Contractor's request for payment must itemize each of the costs stated above.
4. PAYMENTS TO CONTRACTOR
a. COUNTY'S performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners.
b. COUNTY shall pay in accordance with the Florida Local Government Prompt
Payment Act; payment will be made after delivery and inspection by COUNTY and upon
submission of invoice by CONTRACTOR.
C. CONTRACTOR shall submit to COUNTY invoices with supporting
documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the
Clerk is based on generally accepted accounting principles and such laws, rules and regulations
as may govern the Clerk's disbursal of funds.
d. In any month in which a repair invoice total (as defined above) does not exceed
$500.00, the Contractor will not invoice said amount to County and the County will not be
responsible for said amount.
In any month in which a repair invoice (as defined above) exceeds $500.00, the
Contractor will invoice and the County, after review of said invoice, will pay the full amount on
the invoice."
5. TERM OF AGREEMENT
This Agreement shall commence on June 1, 2011, and ends upon May 31, 2012, unless
terminated earlier under paragraph 19 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional two
(2) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon
written notice given at least 30 days prior to the end of the initial term. Unless the context clearly
indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one
(1) year.
The Contract amount shall be adjusted annually in accordance with the percentage
change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban
Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U
computation at December 31 of the previous year..
6. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY
upon request.
7. FINANCIAL RECORDS OF CONTRACTOR
Agreement 5 January 2011
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following the termination
of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies
paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the CONTRACTOR shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR.
8. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall
have the right to unilaterally cancel this Agreement upon violation of this provision by
CONTRACTOR.
9. HOLD HARMLESS AND INSURANCE
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's
elected and appointed officers and employees harmless from and against (i) any claims, actions
or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or
business interruption, and (iii) any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any
activity of CONTRACTOR or any of its employees, agents, sub -contractors or other invitees
during the term of this AGREEMENT, (B) the negligence or willful misconduct of
CONTRACTOR or any of its employees, agents, sub -contractors or other invitees, or (C)
CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms
of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts
in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees
(other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term of this
AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any
earlier termination of this AGREEMENT.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply
with the requirements of this section shall be cause for immediate termination of this agreement.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in the following amounts:
WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE: Where
applicable, worker's compensation coverage to apply for all employees at a minimum statutory
limit as required by Florida Law, and Employee's Liability coverage in the amount of
Agreement 6 January 2011
$100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and
$100,000.00 bodily injury by disease, each employee.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle
liability insurance, including applicable no-fault coverage, with limits of liability of not less than
$100,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property
Damage Liability. If single limits are provided, the minimum acceptable limits are $100, 000.00
per person, $300,000.00 per occurrence, and $50,000.00 property damage. Coverage shall
include all owned vehicles, all non -owned vehicles, and all hired vehicles.
COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with limits of
liability of not less than $300,000.00 per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability.
POLLUTION LIABILITY — The minimum limits of liability shall be: $500,000 per Occurrence
combined single limit, $1,000,000 Aggregate
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the
COUNTY at the time of execution of this Agreement and certified copies provided if requested.
Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar
days' written notice shall be provided to the COUNTY before any policy or coverage is canceled
or restricted. The underwriter of such insurance shall be qualified to do business in the State of
Florida. If requested by the County Administrator, the insurance coverage shall be primary
insurance with respect to the COUNTY, its officials, employees, agents and volunteers.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION.
10. NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of
COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor
shall any Agreement entered into by the COUNTY be required to contain any provision for
waiver.
11. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners of Monroe County. No
statement contained in this agreement shall be construed so as to find CONTRACTOR or any of
his employees, subs, servants, or agents to be employees of the Board of COUNTY
Commissioners of Monroe County.
12. NONDISCRIMINATION
CONTRACTOR agrees that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply
Agreement 7 January 2011
with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Diug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject
matter of, this Agreement.
13. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or subcontractor
shall comply with all of the provisions of this agreement. Unless expressly provided for therein,
such approval shall in no manner or event be deemed to impose any additional obligation upon
the board.
14. COMPLIANCE WITH LAW AND LICENSE REOUIREMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide
by all laws of the Federal and State government, ordinances, rules and regulations pertaining to,
or regulating the provisions of, such services, including those now in effect and hereinafter
adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the
Federal and State government. Any violation of said statutes, ordinances, rules and regulations
shall constitute a material breach of this agreement and shall entitle the Board to terminate this
Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with
these specifications throughout the term of this Agreement.
15. DISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principles and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect. 112.311,
et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
Agreement 8 January 2011
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall have the right to terminate this Agreement without liability and,
at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
16. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.
CONTRACTOR further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this contract.
17. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
FOR COUNTY:
Monroe County
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West, FL. 33040
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041-1026
FOR CONTRACTOR:
U. S. Waters Services Corporation
4939 Cross Bayou Boulevard
New Port Richey, FL 34652
Toll Free Phone: 866-453-9522
18. TAXES
COUNTY is exempt from payment of .Florida State Sales and Use taxes.
CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying
sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is
CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such
materials. CONTRACTOR shall be responsible for any and all taxes, or payments of
withholding, related to services rendered under this agreement.
19. TERMINATION
A. The COUNTY may terminate this Agreement with or without cause prior to the
commencement of work.
Agreement 9 January 2011
B. The COUNTY or CONTRACTOR may terminate this Agreement for cause with
seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of
either party to perform the obligations enumerated under this Agreement.
C. Either of the parties hereto may cancel this agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so with neither party having any
further obligation under the teen s of the contract upon termination.
20. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to Agreements made and to be performed entirely in the State. In the
event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the COUNTY and. CONTRACTOR agree that venue will lie in
the appropriate court or before the appropriate administrative body in Monroe County, Florida.
21. MEDIATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations
of the terms or a term of this Agreement by or between any of them the issue shall be submitted
to mediation prior to the institution of any other administrative or legal proceeding. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the circuit
court of Monroe County.
22. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition
and provision of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
23. ATTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's
fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs,
investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all
levels of the court system.
24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of COUNTY and
CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and
Agreement 10 January 2011
confer session, the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and
CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law.
25. COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. COUNTY and CONTRACTOR specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
26. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
27. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary COUNTY and
corporate action, as required by law.
28. CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement; provided that
all applications, requests, grant proposals, and funding solicitations shall be approved by each
party prior to submission.
29. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities fiom liability, exemptions from laws, ordinances,
and rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of the
COUNTY, when performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to the performance of
such functions and duties of such officers, agents, volunteers, or employees outside the territorial
limits of the COUNTY.
30. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the extent
of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
Agreement 11 January 2011
constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
31. NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of
any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR
agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of
either shall have the authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
32. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement.
33. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her individual
capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason
of the execution of this Agreement.
34. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument
and any of COUNTY and CONTRACTOR hereto may execute this Agreement by singing any
such counterpart.
35. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement and
will not be used in the interpretation of any provision of this Agreement.
36. PUBLIC ENTITY CRIME INFORMATION STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a Construction Manager,
supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
Agreement 12 January 2011
37. MUTUAL REVIEW
This agreement has been carefully reviewed by Contractor and the County therefore, this
agreement is not to be construed against either party on the basis of authorship
38. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documents are incorporated by reference in this
contract agreement.
39. ANNUAL APPROPRIATION
The County's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Board of County Commissioners. In the event that the County
funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and
the County has no further obligation under the terms of this Agreement to the Contractor beyond
that already incurred by the termination date.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this
Agreement on the day and date first written above in four (4) counterparts, each of which shall,
without proof or accounting for the other counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
Date:
Witnesses for CONTRACTOR:
Sig ature
Argil 27, 2011
Date
Signature
April 27, 2011
r%_a_
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
Mayor
Date:
S. 'ATER SERVICES CORPORATION
Signature of person authorized to
legally bind Corporation
Date:_ April 27, 2011
David R_ Sc-hult-7,
Print Name
Address: 4939 Cross Bayou Boulevard
New Port Richey, FL 34652
Telephone Number g 6 6- 7 5 3-,q2 9 2
"'""' 11) January 2011
EXHIBIT "A"
In'the Matter of aStaWtt regarding;
Peri i its, for Wastewater Activitiesin
Monroe County,.
This revisi
which, have a valid permit June 30
1.10, ""and are located in areas to be,
connected;to central facilities..
J&ff Koflkamp
1k-" "Ac
TF - -, C � " F T'�, t ,, D I
JUL
Monroe County agar M6nr6c'C6qjjjy,-DW.
of bounty Commissioners.,
John King Senior , -Dikaor of
f Lower Keys Operations Roth.BuildingWWTP
5 1-00 Colld$ F,Rd PA F.ile:'Nb.,FLAO I 4094-095-DWENIM
Key West Fl-33040-431 9 Keys Basin.
NOTICE OF PERMIT KEVIISION
This-,lettmisin. response to the recent passage of Chapter .40,3.696(10), Florida Statutes. The::StAtulbe requires "a'
revision to the'above referenced pqmi.i!.,Tbis revision is issued under Section 403D87 of the Tlofidi StaNtes, as
The' ti6n,d h
he' Pira ate of t. Js:pqFmitJs,Decembc;r 11, ioll S.
Permit, Condition I.A.7- isrey, ised.0o read "the followi"9:
By January 1, 2016. ;heficility either cease all 'discharges tothe injection wells or meet -"efflventlimits...on.
.an annual,;bO.S,J$1' as FOljQ
C arbonaccous. Nab emical oxygen de'ffiand,,'(CffOD5)of 10.0 mgll,�
suspended s, soliud -of i aio -inga.
C, Total . nitrogen (asN) of" 10.0 mg/L-,
vi Total . I phosphorus tas P of I mWL
X%qpter 4 03.,086(f 0), noridd SidtWLe-V
All othtr "conditions the permit shall- "remain unchanged. Thisletter must be attached t& the
referenced liermit4nd bcOntes a germadOnt part th"Mof.
the Department's proposed le fo
,artment'-s prqp 4&pney actibashail, become. final un ss�a timely petition ran admini_ ive
lieithin fourteeri4ays,ofreceipto, notice-. The
is filed under Sections 120.569 And 120.57, FloridaFlof ida::$t*utes. c
procedures for:pFt , itioni I ne for a he6rinp a're,set:forth bel0w.
A person whose substantial, interests atcaffected by the Department's.proposed permitting decision thay
on "for an administrative "proceeding' (hearing) under Sections, 1.20.50 and 1: 2Q.57, Florida Statutes. The
on -must contain the information I set forth below ,and must be filed (received bythe :clerk) inthe .Offie6:-Of.
IGAA r mrTtnn'%wi-nit'h Rfinliward Mail Station 15.Tallahassee: Flibfida.
32399-3000.
Page I of I
FACILITY: Roth Dtiilding,WWjP-
PERMITTEE: Monroe County.
PA File No.: FLA014994-005,
of
Petitionsb th' 1'6ant:,brgj�yofthe,Kr.s.o;ftgli�tod,o.qjowmt4,,ibe�fi!6d.,v�ithinfourt ' days ffrecej
bythe applicant fourteen this
Written 'notice. Petitions filed byarty. p—eirs;ons other than those: entitled to written , notice, under Section I!
11
agency action may file,apetition :withinfourteen days ofi
petitioner sbodl mail a copy of the petition to the applicant it the addressindicAtedabOve..at the timo,of
y
fWijqr6:0f;;i p'oersom,to file a petition within' tbuirteen -days of receipt of notice, shall constitute a waivi
sori'4 righ;:tp.request :aniadministrative determination (hearhig).undir Sections, 1,20.569, and 1,20.57.
atutes. Any s bspquerit interventipp (in>a,proceeding initiated by andthtf party Will be only anhe
of the p-midingofficer upon the 'fi'tinp,.o-.ramotidfiihcomt)liknpe W . ithRule 28-10;$205, Florida
',petition that,Aisputes?the material facmoriv.hiO.the DepartmenVs, I actiwi.s based.,rnust.;containAh,e,
following information:
r s-aiidtel*one:'number-'of,"e'ach.petitibiner�,th.c�,n.amp,:a4dMs,,an,d,totepko�iellr�umwrdf
ita , tive, if any; the Department permit identification, numberandthe county in wh I ich,tho
,statement of how and when ,each ,pietitio,iidr,,r4p,i;e*d nod of the Department action;
statement of ho-W each petitioner's substantial interests, are, affected by the Depairtmenit.
statement of all diSputedissues of I mawn"01 fact. lf.there are, none, , the petftidn must so
(OA- concise statement of the Wtimate;facts alleged, as well'as the rules aril statutes which
entitle the
petitioner t6ftlief; and
WA Statement of the, relief sought by the petitioner, stating precisely the action that the petitioner wants, the Deparim6rif to take.
Because the administrative hew.ing:,prpeess is designed to formulate final agency action, the filingof'A'petitip
ion;Maybe different 6om the position taken by', it in this notice. � means that'the Department's final action'mayPersons whose;
-substantial inter0sis. "I!, be'14ftted : . by any -to
W1 such fit�al. decision �ofthe Department bivd the right petition to
bec6me allortylo the proceeding; ,in accordfiqce with the requirements set forth alwve,
Mediation under. Section 120,573. Florida Statutes, is not available for this Orocee'dig.
This permit action is, final and effective ,on the date filed with the clerk of the PepA= ent,unlessapetitionis,
,filed iruaccordance , with the above. Upon thdtirn6ly filin&0fa petition this. permit Will not, be:eflectiVeuntil f4fthir
order of the Department.
An paTty,to the 'i h the right to seek-judicial.review 9fthe perridt action undel
'y permit as e 0
Statutes byth -fift, of notice of ipPial u9.190,. nder.Rules 9. 1'.10'and 9.190I, Florida
Rules oft'
the�clerk ofthe.De0arfent in the Offi_cd ofGendral Counsel, Mail_Station 35,1006-Conim
Tillahassep, Florida, 323,99-3000, and by Fling-,a
copy of the,notice.of appeal,accompAiii6c
feeswith the appropriate district cour
t of appeal, The, notice of appeal must be filedwithin
when thispermitaction is filed with, the clerk of the Department.
hge 2 of 3
with
by the: applicable filin
30 days from the date
FACILITY: Roth, Building.'WW TP PA File No,.: FLAQ 149,94-005
PERMITTEE. Monroe County
. 1.
Executed in F I Ort, M : r�jfldifda
Yle .
STATE Of FLOW DA DEPARTMENT
6,F,,ENVI'RONME'N'TA;L:P,RO-M,M', ON
Directorof
Distract Management
FILING AND ACKNOWLEDGMENT
FILED, drithis date; ,under Spoop 1'2032, Florida Statutes'. with theActignated deputy cletk, -receipt of which
is, he eby 6tknowledged..
[Clerk].
CERTIFICATROFSERVICE
h and all were
neundersignedhewebypertiflesl at this NOTICE OF PERMIT: REVISION, mailed
before .the.:ibld,so,'ofbusiness on June, j
, Q I Q," to the listed persons.
JMMS/inac
C boiet ftimished to::
Steven Johnson
Page on
st
Florida Department of Charlie Governor rust
Environmental Protection Jeff Kottkamp
Lt. Governor
South District Michael W. Sole
P.O. Box 2549 Secretary
Fort Myers, Florida 33902-2549
STATE OF FLORIDA
DOMESTIC WASTEWATER FACILITY PERMIT
PERMITTEE: PERMIT NUMBER: FLA014994
PA FILE NUMBER: FLA014994-004-DW3P
Monroe County Board of County Commissioners ISSUANCE DATE: October 20, 2008
EXPIRATION DATE: June 30, 2010
RESPONSIBLE AUTHORITY:
Mr. John King
Senior Director of Lower Keys Operations
3583 South Roosevelt Blvd.
Key West, FL 33040
(305)292-4531
FACILITY:
Roth Building WWTP
3583 South Roosevelt Blvd.
Key West, FL 33040
Monroe County
Latitude: 24' 58' 5 1 " N Longitude: 811 33'7" W
This permit is issued under the provisions of Chapter 403, Florida Statutes (F.S.), and applicable rules of the Florida Administrative
Code (F.A.C.). The above named permittee is hereby authorized to operate the facilities shown on the application and other
documents attached hereto or on file with the Department and made a part hereof and specifically described as follows:
TREATMENT FACILITIES:
An existing 0.040 MGD monthly average daily flow (MADF) permitted capacity domestic wastewater treatment plant consisting of:
eight 5000-gallon aeration tanks; two 5,200-gallon final settling tanks; a 3,350-gallon chlorine contact tank; and a 5,000-gallon sludge
digester.
DISPOSAL:
Underground Injection: Operate four (4), nominal six-inch (6"), diameter, PVC casing, Class V, Group 3, underground injection
wells (numbers 63022-010-UO, 63022-011-UO, 63022-012-UO and 63022-013-UO ) as underground injection well system U-001.
System U-001 discharges into the Key Largo and Miami Oolite Formations for the primary means of disposal of non -hazardous
secondary treated domestic wastewater treatment facility effluent from the WWTP to the existing injection wells 010, 011, 012 and
013. The maximum daily disposal is limited to 0.120 million gallons per day (MGD). The maximum injection rate shall not exceed a
peak hourly flow rate of 83.3 gallons per minute. U-001 is located approximately at latitude 24' 58' 51" N, longitude 810 33' 7" W.
IN ACCORDANCE WYJrH: The limitations, monitoring requirements and other conditions set forth in Pages 1 through 18 of this
permit.
Page 1 of 18
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FACILITY: Roth Building WWTP PERMITNUMBER: FLA014994
PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994-004-DW3P
3583 South Roosevelt Blvd.
Key West, FL 33040
3. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition I. A. 1. and as described
below:
Monitoring Location Description of Monitoring Location
Site Number
EFA-01 Taken at discharge from chlorine contact tank and before
discharge to wells.
4. The arithmetic mean of the monthly fecal coliform values collected during an annual period shall not exceed 200 per 100
mL of effluent sample. The geometric mean of the fecal coliform values for a minimum of 10 samples of effluent each
collected on a separate day during a period of 30 consecutive days (monthly), shall not exceed 200 per 100 mL of
sample. No more than 10 percent of the samples collected (the 90th percentile value) during a period of 30 consecutive
days shall exceed 400 fecal coliform values per 100 mL of sample. Any one sample shall not exceed 800 fecal coliform
values per 100 mL of sample. Note: To report the 90th percentile value, list the fecal coliform values obtained during the
month in ascending order. Report the value of the sample that corresponds to the 90th percentile (multiply the number of
samples by 0.9). For example, for 30 samples, report the corresponding fecal coliform number for the 27th value of
ascending order. [62-600.440(4)(c))
5. A minimum of 0.5 mg/L total residual chlorine must be maintained for a minimum contact time of 15 minutes based on
peak hourly flow. [62-600.440(4)(b))
6. Grab samples shall be collected during periods of minimal treatment plant pollutant removal efficiencies or maximum
organic loading in the reclaimed water or effluent. [62-600.740(lxa)2]
Page 3 of 18 .
A
O
O
00
FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994
PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994-004-DW3P
3583 South Roosevelt Blvd.
Key West, FL 33040
2. Samples shall be taken at the monitoring site locations listed in Permit Condition 1. B. 1 and as described below:
Monitoring Location
Site Number
Description of Monitoring Location
FLW-01
Elapsed time meters on influent lift station pumps.
CAL-01
Calculated from flow measurements.
INF-01
Taken from influent line prior to aeration tank.
3. Influent samples shall be collected so that they do not contain digester supernatant or return activated sludge, or any other
plant process recycled waters. [62-601.500(4)] -
4. Elapsed time meters shall be utilized to measure flow and calibrated at least annually. [62-601.200(17) and .500(6)]
5. Parameters which must be monitored as a result of a surface water discharge shall be analyzed using a sufficiently
sensitive method to assure compliance with applicable water quality standards and effluent limitations in accordance with
40 CFR (Code of Federal Regulations) Part 136. All monitoring shall be representative of the monitored activity. [62-
620.320(6)]
6. The permittee shall provide safe access points for obtaining representative influent, reclaimed water, and effluent samples
which are required by this permit. [62-601.500(5)]
7. Monitoring requirements under this permit are effective on the first day of the second month following permit issuance.
Until such time, the permittee shall continue to monitor and report in accordance with previously effective permit
requirements, if any. During the period of operation authorized by this permit, the permittee shall complete and submit to
the Departments South District Office Discharge Monitoring Reports (DMRs) in accordance with the frequencies
specified by the REPORT type (i.e., monthly, toxicity, quarterly, semiannual, annual, etc.) indicated on the DMR fortes
attached to this permit. Monitoring results for each monitoring period shall be submitted in accordance with the
associated DMR due dates below.
REPORT Type
Monitoring Period
Due Date
Monthly or
First day of month — last day of
28 day of following month
Toxicity
month
Quarterly
January 1- March 31
April 28
April 1— June 30
July 28
July 1 — September 30
October 28
October 1 — December 31
January 28
Semiannual
January I —June 30
July 28
Jul 1 — December 31
January 28
Annual
Janu 1—December 31
January 28
DMRs shall be submitted for each required monitoring period including months of no discharge. The permittee shall
make copies of the attached DMR form(s) and shall submit the completed DMR form(s) to the Departments South
District Office at the address specified in Permit Condition I.B. 8 by the twenty-eighth (28th) of the month following the
month of operation.
[62-620.610(18)][62-601.300(1), (2), and (3)]
Page 5 of 18
FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994
PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994-004-DW3P
3583 South Roosevelt BIvd.
Key West, FL 33040
8. Unless specified otherwise in this permit, all reports and other information required by this permit, including 24-hour
notifications, shall be submitted to or reported to, as appropriate, the Department's South District Office at the address
specified below:
South District Branch Office
Department of Environmental Protection
2796 Overseas Hwy., Suite 221
Marathon, FL 33050
Phone Number — (305) 289-2310
FAX Number - (305) 289-2314
All FAX copies shall be followed by original copies. All reports and other information shall be signed in accordance
with the requirements of Rule 62-620.305, F.A.C. [62-620.305]
Ili. RESIDUALS MANAGEMENT REQUIREMENTS
i. The method of residuals use or disposal by this facility is transport to Monroe County sludge transfer station to
Miami/Dade County South District Regional WWTP or Miami/Dade Central WWTP, or disposal in.a Class I or II solid
waste landfill.
2. If the permittee wishes to land apply residuals in the future, the permittee shall make application to the
Department for a minor revision to the permit in accordance with F.A.C. Rule 62-620325(2), before any land
application.
3. The permittee shall be responsible for proper treatment, management, use, and land application or disposal of its
residuals. [62-640.300(5)]
4. The permittee shall not be held responsible for treatment, management, use, or land application violations that occur after
its residuals have been accepted by a permitted residuals management facility with which the source facility has an
agreement in accordance with Rule 62-640.880(1)(c), F.A.C., for further treatment, management, use or land application.
[62-640.300(5)]
5. Disposal of residuals, septage, and other solids in a solid waste landfill, or disposal by placement on land for purposes
other than soil conditioning or fertilization, such as at a monofill, surface impoundment, waste pile, or dedicated site,
shalt be in accordance with Chapter 62-701, F.A.C. [62-640.100(6)(k)3 & 41
6. If the permittee intends to accept residuals from other facilities, a permit revision is required pursuant to Rule 62-
640.880(2)(d), F.A.C. [62-640.880(2)(d)1
7. The permittee shall keep hauling records to track the transport of residuals between facilities. The hauling records shall
contain the following information:
Source Facility
1. Date and Time Shipped
2. Amount of Residuals Shipped
3. Degree of Treatment (if applicable)
4. Name and ID Number of Residuals
Management Facility or Treatment
Facility
5. Signature of Responsible Party at
Source Facility
6. Signature of Hauler and Name of
Hauling Firm
Residuals Manaeement Facility or Treatment Facility
1. Date and Time Received
2. Amount of Residuals Received
3. Name and ID Number of Source Facility
4. Signature of Hauler
5. Signature of Responsible Party at Residuals
Management Facility or Treatment Facility
Page 6 of 18
FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994
PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994-004-DW3P
3583 South Roosevelt Blvd.
Key West, FL 33040
These records shall be kept for five years and shall be made available for inspection upon request by the Department. A
copy of the hauling records information maintained by the source facility shall be provided upon delivery of the residuals
to the residuals management facility or treatment facility. The permittee shall report to the Department within 24 hours
of discovery any discrepancy in the quantity of residuals leaving the source facility and arriving at the residuals
management facility or treatment facility. [62-640.880(4)]
8. Storage of residuals or other solids at the permitted facility shall require prior written notification to the Department.
[62-640.300(4)]
III. GROUND WATER REQUIREMENTS
Construction Requirements
Section Construction Requirements is not applicable to this facility.
Operational Requirements
Section Operational Requirements is not applicable to this facility.
IV. ADDITIONAL REUSE AND LAND APPLICATION REQUIREMENTS
Section IV is not applicable to this facility.
V. OPERATION AND MAINTENANCE REQUIREMENTS
I. During the period of operation authorized by this permit, the wastewater facilities shall be operated under the supervision
of a(n) operator(s) certified in accordance with Chapter 62-602, F.A.C. In accordance with Chapter 62-699, F.A.C., this
facility is a Category III, Class C facility and, at a minimum, operators with appropriate certification must be on the site
as follows:
A Class C or higher operator %z hour/day for 5 days/week and one weekend visit. The lead operator must be a Class C
operator, or higher.
[62-620.630(3)] (62-699.3101 [62-610.4621
2. An operator meeting the lead operator classification level of the plant shall be available during all periods of plant
operation. "Available" means able to be contacted as needed to initiate the appropriate action in a timely manner. [62-
699.31](1)]
3. The application to renew this permit shall include an updated capacity analysis report prepared in accordance with Rule
62-600.405, F.A.C. [62-600.405(5)]
4. The application to renew this permit shall include a detailed operation and maintenance performance report prepared in
accordance with Rule 62-600.735, F.A.C. [62-600.735(1)]
5. The permittee shall maintain the following records and make them available for inspection at the plant operator's office
at 5198 Overseas Hwy., Marathon, Monroe County:
a. Records of all compliance monitoring information, including all calibration and maintenance records and all original
strip chart recordings for continuous monitoring instrumentation and a copy of the laboratory certification showing
the certification number of the laboratory, for at least three years from the date the sample or measurement was
taken;
Page 7of18
FACILITY: Roth Building W WTP PERMIT NUMBER: FLA014994
PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994-004-DW3P
3583 South Roosevelt BIvd.
Key West, FL 33040
b. Copies of all reports required by the permit for at least three years from the date the report was prepared;
c. Records of all data, including reports and documents, used to complete the application for the permit for at least
three years from the date the application was filed;
d. Monitoring information, including a copy of the laboratory certification showing the laboratory certification number,
related to the residuals use and disposal activities for the time period set forth in Chapter 62-640, F.A.C., for at least
three years from the date of sampling or measurement;
e. A copy of the current permit;
f. A copy of the current operation and maintenance manual as required by Chapter 62-600, F.A.C.;
g. A copy of the facility record drawings;
h. Copies of the Iicenses of the current certified operators; and
i. Copies of the logs and schedules showing plant operations and equipment maintenance for three years from the date
of the Iogs or schedules. The logs shall, at a minimum, include identification of the plant; the signature and
certification number of the operator(s) and the signature of the person(s) making any entries; date and time in and
out; specific operation and maintenance activities; tests performed and samples taken; and major repairs made. The
logs shall be maintained on -site in a location accessible to 24-hour inspection, protected from weather damage, and
current to the last operation and maintenance performed.
[62-620.3501
VI. SCHEDULES
1. In accordance with the project engineer's June 20, 2008 letter to the department, and his August 13, 2008 letter to the
department, the following improvement actions shall be completed according to the following schedule:
Improvement Action
Completion Date
1
The permittee shall make available at the site an operation
Within 30 days of permit issuance.
& maintenance manual for this wastewater plant
2
The permittee shall add an additional waste activated
Within 90 days of permit issuance.
slud a linegoing from the final settling tank to the digester.
[62-600.735(1)]
VII. INDUSTRIAL PRETREATMENT PROGRAM REQUIREMENTS
This facility is not required to have a pretreatment program at this time. [62-625.500]
VIII. OTHER SPECEFIC CONDITIONS
1. The permittee shall apply for renewal of this permit at least 180 days before the expiration date of the permit using the
appropriate forms listed in Rule 62-620.910, F.A.C., including submittal of the appropriate processing fee set forth in
Rule 62-4.050, F.A.C. The existing permit shall not expire until the Department has taken final action on the application
renewal in accordance with the provisions of 62-620.335(3) and (4), F.A.C. [62-620.335(1)-(4)1
2. Florida water quality criteria and standards shall not be violated as a result of any discharge or land application of
reclaimed water or residuals from this facility.
Page 8 of 18
FACILITY: Roth Building W WTP PERMIT NUMBER: FLA014994
PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994-004-DW3P
3583 South Roosevelt Blvd.
Key West, FL 33040
3. In the event that the treatment facilities or equipment no longer function as intended, are no longer safe in terns of public
health and safety, or odor, noise, aerosol drift, or lighting adversely affects neighboring developed areas at the levels
prohibited by Rule 62-600.400(2)(a), F.A.C., corrective action (which may include additional maintenance or
modifications of the permitted facilities) shall be taken by the permittee. Other corrective action may be required to
ensure compliance with rules of the Department. Additionally, the treatment, management, use or land application of
residuals shall not cause a violation of the odor prohibition in Rule 62-296.320(2), F.A.C. [62-600.410(8) and 62-
. 640.400(6)]
4. The deliberate introduction of stormwater in any amount into collection/transmission systems designed solely for the
introduction (and conveyance) of domestic/industrial wastewater; or the deliberate introduction of stormwater into
collection/transmission systems designed for the introduction or conveyance of combinations of storm and .
domestic/industrial wastewater in amounts which may reduce the efficiency of pollutant removal by the treatment plant is
prohibited, except as provided by Rule 62-610.472, F.A.C. [62-604.130(3)]
5. Collection/transmission system overflows shall be reported to the Department in accordance with Permit Condition IX.
20. [62-604.5501 [62-620.610(20)]
6. The operating authority of a collection/transmission system and the permittee ofa treatment plant are prohibited from
accepting connections of wastewater discharges which have not received necessary pretreatment or which contain
materials or pollutants (other than normal domestic wastewater constituents):
a. Which may cause fire or explosion hazards; or
b. Which may cause excessive corrosion or other deterioration of wastewater facilities due to chemical action or pH
levels; or
c. Which are solid or viscous and obstruct low or otherwise interfere with wastewater facility operations or treatment;
or
d. Which result in the wastewater temperature at the introduction of the treatment plant exceeding 40°C or otherwise
inhibiting treatment; or
e. Which result in the presence of toxic gases, vapors, or fumes that may cause worker health or safety problems.
[62-604.130(5)]
7. The treatment facility, storage ponds, rapid infiltration basins, and/or infiltration trenches shall be enclosed with a fence
or otherwise provided with features to discourage the entry of animals and unauthorized persons. [62-600.400(2)(b)]_
8. Screenings and grit removed from the wastewater facilities shall be collected in suitable containers and hauled to a
'Department approved Class I landfill or to a landfill approved by the Department for receipt/disposal of screenings and
grit. [62-701.300(I)(a)]
9. The Permittee shall provide verbal notice to the Department as soon as practical after discovery of a sinkhole within an
area for the management or application of wastewater, wastewater residuals (sludges), or reclaimed water. The Permittee
shall immediately implement measures appropriate to control the entry of contaminants, and shall detail these measures to
the Department in a written report within 7 days of the sinkhole discovery. [62-4.070(3)]
10. The permittee shall provide adequate notice to the Department of the following:
Any new introduction of pollutants into the facility from an industrial discharger which would be subject to Chapter
403, F.S., and the requirements of Chapter 62-620, F.A.C. if it were directly discharging those pollutants; and
Page 9 of 18
FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994
PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994-004-DW3P
3583 South Roosevelt Blvd.
Key West, FL 33040
Any substantial change in the volume or character of pollutants being introduced into that facility by a source which
was identified in the permit application and known to be discharging at the time the permit was issued.
Adequate notice shall include information on the quality and quantity of effluent introduced into the facility and any
anticipated impact of the change on the quantity or quality of effluent or reclaimed water to be discharged from the
facility.
[62-620.625(2)]
IX. GENERAL CONDPTIONS
1. The terms, conditions, requirements, limitations and restrictions set forth in this permit are binding and enforceable
pursuant to Chapter 403, Florida Statutes. Any permit noncompliance constitutes a violation of Chapter 403, Florida
Statutes, and is grounds for enforcement action, permit termination, permit revocation and reissuance, or permit revision.
[62-620.610(1)] .
2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or
exhibits. Any unauthorized deviations from the approved drawings, exhibits, specifications or conditions of this permit
constitutes grounds for revocation and enforcement action by the'Department. [62-620.610(2)]
3. As provided in subsection 403.087(7), F.S., the issuance of this permit does not convey any vested rights or any exclusive
privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor
authorize any infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of
any other Department permit or authorization that may be required for other aspects of the total project which are not
addressed in this permit. [62-620.610(3)]
4. This permit conveys no title to land or 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. [62-620.610(4)]
5. This permit does not relieve the permittee from liability and penalties for harm or injury to human health or welfare,
animal or plant life, or property caused by the construction or operation of this permitted source; nor does it allow the
permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by
an order from the Department. The permittee shall take all reasonable steps to minimize or prevent any discharge, reuse
of reclaimed water, or residuals use or disposal in violation of this permit which has a reasonable likelihood of adversely
affecting human health or the environment. It shall not be a defense for a permittee in an enforcement action that it
would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of
this permit. [62-620.610(5)J
6. If the permittee wishes to continue an activity regulated by this permit after its expiration date, the permittee shall apply
for and obtain a new permit. [62-620.610(6)]
7. The permittee shall at all times properly operate and maintain the facility and systems oftreatment and control, and
related appurtenances, that are installed and used by the permittee to achieve compliance withthe conditions of this
permit. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to
maintain or achieve compliance with the conditions of the permit. [62-620.610(7)]
8. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for
a permit revision, revocation and reissuance, or termination, or a notification of planned changes or anticipated
noncompliance does not stay any permit condition. [62-620.610(8)]
9. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, including an
authorized representative of the Department and authorized EPA personnel, when applicable, upon presentation of
credentials or other documents as may be required by law, and at reasonable times, depending upon the nature of the
concern being investigated, to:
Page 10 of 18
FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994
PERMITTEE: Monroe County Board.of County Commissioners PA FILE NUMBER: FLA014994-004-DW3P
3583 South Roosevelt Blvd.
Key West, FL 33040
a. Enter upon the permittee's premises where a regulated facility, system, or activity is located or conducted, or where
records shall be kept under the conditions of this permit;
b. _ Have access to and copy any records that shall be kept under the conditions of this permit;
c. Inspect the facilities, equipment, practices, or operations regulated or required under this permit; and
d. Sample or monitor any substances or parameters at any location necessary to assure compliance with this permit or
Department rules.
[62-620.610(9)]
10. In accepting this permit, 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 as such use is proscribed by Section 403.111, Florida Statutes, or Rule 62-620.302,
Florida Administrative Code. Such evidence shall only be used to the extent that it is consistent with the Florida Rules of
Civil Procedure and applicable evidentiary rules. [62-620.610(10)]
11. When requested by the Department, the permittee shall within a reasonable time provide any information required by law
which is needed to determine whether there is cause for revising, revoking and reissuing, or terminating this permit, or to
determine compliance with the permit. The permittee shall also provide to the Department upon request copies of
records required by this permit to be kept. If the permittee becomes aware of relevant facts that were not submitted or
were incorrect in the permit application or in any report to the Department, such facts or information shall be promptly
submitted or corrections promptly reported to the Department. [62-620.610(11)]
12. Unless specifically stated otherwise in Department rules, the permittee, in accepting this permit, 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. A reasonable time for
compliance with a new or amended surface water quality standard, other than those standards addressed in Rule 62-
302.500, F.A.C., shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard.
[62-620.610(12)]
13. The permittee, in accepting this permit, agrees to pay the applicable regulatory program and surveillance fee in
accordance with Rule 624.052, F.A.C. [62-620.610(13)]
14. This permit is transferable only upon Department approval in accordance with Rule 62-620.340, F.A.C. The permittee
shall be liable for any noncompliance of the permitted activity until the transfer is approved by the Department. [62-
620.610(14)]
15. The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of a
wastewater facility and shall specify what steps will be taken to safeguard public health and safety during and following
inactivation or abandonment. [62-620.610(15)]
16. The permittee shall apply for a revision to the Department permit in accordance with Rules.62-620.300 and the
Department of Environmental Protection Guide to Wastewater Permitting at least 90 days before construction of any
planned substantial modifications to the permitted facility is to commence or with Rule 62-620.325(2) for minor
modifications to the permitted facility. A revised permit shall be obtained before construction begins except as provided
in Rule 62-620.300, F.A.C. [62-620.610(16)]
17. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity
which may result in noncompliance with permit requirements. The permittee shall be responsible for any and all damages
which may result from the changes and may be subject to enforcement action by the Department for penalties or
revocation of this permit. The notice shall include the following information:
a. A description of the anticipated noncompliance;
Page I 1 of 18
FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994
PERMITTEE: Monroe County Board of County Commissioners PA FILENNUMBER: FLA014994-004-DW3P
3583 South Roosevelt Blvd.
Key West, FL 33040
b. The period of the anticipated noncompliance, including dates and times; and
c. Steps being taken to prevent future occurrence of the noncompliance.
[62-620.610(17)]
18. Sampling and monitoring data shall be collected and analyzed in accordance with Rule 624.246, Chapters 62-160 and
62-601, F.A.C., and 40 CFR 136, as appropriate.
a. 'Monitoring results shall be reported at the intervals specified elsewhere in this permit and shall be reported on a
Discharge Monitoring Report (DMR), DEP Form 62-620.910(10), or as specified elsewhere in the permit.
b. If the permittee monitors any contaminant more frequently than required by the permit, using Department approved
test procedures, the results of this monitoring shall be included in the calculation and reporting of the data submitted
in the DMR
c. Calculations for all limitations which require averaging of measurements shall use an arithmetic mean unless
otherwise specified in this permit.
d. Except as specifically provided in Rule 62-160.300, F.A.C., any laboratory test required by this permit shall be
performed by a laboratory that has been certified by the Department of Health Environmental Laboratory
Certification Program (DOH ELCP). Such certification shall be for the matrix, test method and analyte(s) being
measured to comply with this permit. For domestic wastewater facilities, testing for parameters listed in Rule 62-
160.300(4); F.A.C., shall be conducted under the direction of a certified operator.
e. Field activities including on -site tests and sample collection shall follow the applicable standard operating
procedures described in DEP-SOP-001/01 adopted by reference in Chapter 62-160, F.A.C..
f. Alternate field procedures and laboratory methods may be used where they have been approved in accordance with
Rules 62460.226 and 62-160.330, F.A.C.
[62-620.610(18)]
19. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in
any compliance schedule detailed elsewhere in this permit shall be submitted no later than 14 days following each
schedule date. [62-620.610(19)]
20. The permittee shall report to the Department any noncompliance which may endanger health or the environment. 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 five 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 time, and if the noncompliance has not been corrected, the anticipated time it is expected to
continue;'and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
a. The following shall be included as information which must be reported within 24 hours under this condition:
1. Any unanticipated bypass which causes any reclaimed water or effluent to exceed any permit limitation or
results in an unpermitted discharge,
2. Any upset which causes any reclaimed water or the effluent to exceed any limitation in the permit,
3. Violation of a maximum daily discharge limitation for any of the pollutants specifically listed in the permit for
such notice, and
4. Any unauthorized discharge to surface or ground waters.
Page 12 of 18
FACILITY: Roth Building W WTP PERMITNUMBER: FLA014994
PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994-004-DW3P
3583 South Roosevelt Blvd.
Key West, FL 33040
b. Oral reports as required by this subsection shall be provided as follows:
1. For unauthorized releases or spills of treated or untreated wastewater reported pursuant to subparagraph a.4 that
are in excess of 1,000 gallons per incident, or where information indicates that public health or the environment
will be endangered, oral reports shall be provided to the Department by calling the STATE WARNING POINT
TOLL FREE NUMBER (800) 320-0519, as soon as practical, but no later than 24 hours from the time the
permittee becomes aware of the discharge. The permittee, to the extent known, shall provide the following.
information to the State Warning Point:
a) Name, address, and telephone number of person reporting;
b) Name, address, and telephone number ofpermittee or responsible person for the discharge;
c) Date and time of the discharge and status of discharge (ongoing or ceased);
d) Characteristics of the wastewater spilled or released (untreated or treated, industrial or domestic
wastewater);
e) Estimated amount of the discharge;
f) Location or address of the discharge;
g) Source and cause of the discharge;
h) Whether the discharge was contained on -site, and cleanup actions taken to date;
i) Description of area affected by the discharge, including name of water body affected, if any; and
j) Other persons or agencies contacted.
2. Oral reports, not otherwise required to be_provided pursuant to subparagraph b.1 above, shall be provided to the
Department within 24 hours from the time the permittee becomes aware of the circumstances.
c. If the oral report has been received within 24 hours, the noncompliance has been corrected, and the noncompliance
'did not endanger health or the environment, the Department shall waive the written report
[62-620.610(20)]
21. The permittee shall report all instances of noncompliance not reported under Permit Conditions IX.17., 18. and 19. of
this permit at the time monitoring reports are submitted. This report shall contain the same information required by
Permit Condition IX. 20 of this permit. [62-620.610(21)]
22. Bypass Provisions.
a. Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless the
permittee affirmatively demonstrates that:
1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and
2. There were no feasible alternatives to the -bypass, such as the use of auxiliary treatment facilities, retention of
untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied
if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
3. The permittee submitted notices as required under Permit Condition IX. 22. b. of this permit.
b. If the permittee knows in advance of the need fora bypass, it shall submit prior notice to the Department, if possible
at least 10 days before the date of the bypass. The permittee shall submit notice of an unanticipated bypass within 24
hours of learning about the bypass as required in Permit Condition IX. 20. of this permit. A notice shall include a
Page 13 of 18
FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994
PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994-004-DW3P
3583 South Roosevelt Blvd.
Key West, FL 33040
description of the bypass and its cause; the period of the bypass, including exact dates and times; if the bypass has
not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce,
eliminate, and prevent recurrence of the bypass.
c. The Department shall approve an anticipated bypass, after considering its adverse effect, if the permittee
demonstrates that it will meet the three conditions listed in Permit Condition IX. 22. a. 1. through 3. of this permit.
d. A permittee may allow any bypass to occur which does not cause reclaimed water or effluent limitations to be
exceeded if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Permit Condition IX. 22. a. through c. of this permit.
[62-620.610(22)]
23. Upset Provisions
a. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed
contemporaneous operating logs, or other relevant evidence that:
1. An upset occurred and that the permittee can identify the cause(s) of the upset;
2. The -permitted facility was at the time being properly operated;
3. The permittee submitted notice of the upset as required in Permit Condition IX. 20. of this permit; and
4. The permittee complied with any remedial measures required under Permit Condition IX. 5. of this permit.
b. In any enforcement proceeding, the burden of proof for establishing the occurrence of an upset rests with the
permittee.
c. Before an enforcement proceeding is instituted, no representation made during the Department review of a claim that
noncompliance was caused by an upset is final agency action subject to judicial review.
[62-620.610(23)]
X. INJECTION WELLS:
1. GENERAL CRITERIA
a. The permittee shall be aware of and operate under the General Conditions of Florida Administrative Code, (F.A.C.),
Rule 62-528.307(1), (a) through (x), and 62-528.307(3)(a) through (e). These General Conditions are binding upon
the permittee and enforceable pursuant to Chapter 403 of the Florida Statutes.
b. Any permit noncompliance constitutes a violation of the Safe Drinking Water Act and is grounds for enforcement
action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal
application.
c. It shall not be a defense for a 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.
d. The permittee shall take all reasonable steps to minimize or correct any adverse impacts on the environment resulting
from noncompliance with this permit.
e. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and
training, and adequate laboratory and process controls, including appropriate quality assurance procedures.
Page 14 of 18
FACILITY: Roth BuildingWWTP PERMITNUMBER: FLA014994
PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994-004-DW3P
3583 South Roosevelt Blvd.
Key West, FL 33040
f. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee
for a permit modification, revocation or reissuance, or termination, or a notification of planned changes or
anticipated noncompliance, does not stay any permit condition.
g. When requested by the Department, the permittee shall furnish, within the time specified, any information needed to
determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine
compliance with this permit.
h. Signatories and Certification Requirements
(1) 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.
(2) In accordance with Rule 62-528.340(4), F.A.C., all reports shall contain the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision m accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based upon my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the information submitted is, to the best of
my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing violations."
The permittee shall notify the Department and obtain approval prior to any work within the well, physical alterations
or additions to the injection or monitor well, including removal of the wellhead. (includes well clean out or other well
rehabilitation. type work)
The pennittee shall give advance notice to the Department of any planned changes in the permitted facility or
injection activity that may result in noncompliance with permit requirements.
(1) The permittee shall report any noncompliance that may endanger health or the environment, to include:
(2) Any monitoring or other information which indicates that any contaminant may cause an endangerment to an
underground source of drinking water; or to adjacent surface waters, or
(3) Any noncompliance with a permit condition or malfunction of the injection system that may cause fluid
migration into or between underground sources of drinking water or adjacent surface waters.
k. Any information 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.
1. No underground injection is allowed that causes or allows movement of fluid into an underground source of
drinking water or adjacent surface waters.
m. The permittee shall retain all records of all monitoring information concerning the nature and composition of
injected fluid until five years after completion of any plugging and abandonment 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.
Page 15of18
FACILITY: Roth Building W WTP PERMIT NUMBER: FLA014994
PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA0I4994-004-DW3P
3583 South Roosevelt BIvd.
Key West, FL 33040
2. OPERATING REQUIREMENTS
a. Injection of any fluids or materials, other than those permitted, into the disposal wells(s) will constitute a violation
of this permit and shall constitute cause for permit revocation and possible enforcement action for water quality
violations.
b. Injection into the well. shall not exceed a peak hourly flow rate of 83.3 gallons per minute (0.120 MGD Peak Day
Flow). Flow to the wellhead shall be measured with a properly calibrated flow meter(s) or such other devices as
provided for in this facility's wastewater treatment permit.
c. In the event the permittee is temporarily unable to comply with any of the conditions of a permit due to breakdown
of equipment, power outages, destruction by hazard of fire, wind, or by other cause, the permittee of the facility
shall notify the Department.
d. Notification shall be made in person, by telephone, or by electronic mail within 24 hours of breakdown or
malfimction to the South District office.
e. A written report of any noncompliance referenced in Operating Requirements condition 2.c. above shall be
submitted to the South District and Tallahassee offices 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 ofthe problem,
and the time when the facility will again be operating in accordance with permit conditions.
f. The permittee shall calibrate all pressure gauges, flow meters, chart recorders, and other related equipment
associated with the injection well system on the same basis as is required by the facility wastewater permit. The
permittee shall maintain all monitoring equipment and shall ensure that the monitoring equipment is calibrated and
in proper operating condition at all times. Laboratory equipment, methods, and quality control will follow. EPA
guidelines as expressed in Standard Methods for the Examination of Water and Wastewater. The pressure gauges,
flow meters, and chart recorders, as applicable to this facility, shall be calibrated using standard engineering
methods. Calibration records shall be kept by the permittee at the permitted facility and be available for inspection
by Department personnel upon request.
g. 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, Within 180 days of well abandonment, the permittee
shall submit to the Department and the TAC the proposed plugging method, pursuant to Rule 62-528.460, F.A.C.
When no longer used for their intended purpose, these wells shall be properly plugged and abandoned.
3. TESTING AND REPORTING REQUIREMENTS
The injection system shall be monitored in accordance with Rule 62-528.615(2), F.A.C. The following injection
well performance data shall be recorded and reported in the Monthly Operating Report as indicated below.
Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.
INJECTION WELLS 010, 011, 012 and 013
The specifications for the injection wells are as follows:
j Casing Diameter and Tppe 1. Depth Cased (jt b/s) Open Hole rnterval feet bls)
6" Schedule 40 PVC 1 60' from 60' to 90'
The injection wells shall be monitored in accordance with the parameters and frequencies listed below. The flow rate shall
be recorded continuously or as required by the facility wastewater permit in accordance with Rule 62-528.615(2), F.A.C.
All samples shall be collected and analyzed in accordance with the quality assurance requirements of Chapter 62-160,
F.A.C. The report shall include the following data:
Page 16 of 18
FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994
PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994-004-DW3P
3583 South Roosevelt Blvd.
Key West, FL 33040
rtin . F'
Daily Flow Rate (GPM)
Daily/Monthly
Maximum Peak Hourly Flow Rate (For non -continuous recorders please
substitute Average Hourly Flow for the Peak Hourly Flow Rate. Average Hourly
Flow = Dail Flow Rate - 24
Daily/Monthly
Minimum Total Residual Chlorine mgp
i Dail /Monthl
Total Volume WWTP Effluent Injected(gallons)
Dail /Monthl
WWTP Effluent Water Quality
:.fin',-::: :r.: r_�'.:::.. ,. :'...: ...; .:..�::. •F.. •:
pH (std. Units) Monthly
Total Nitrogen (TN) (mg/L) Monthly
Total Phosphorus (m ) Monthly
CBODS (mg/L) Monthly
Solids, Total Suspended (mg/L) Monthly
Fecal Coliform Monthly
b. In accordance with Rule 62-528.615(2), F.A.C., the permittee shall submit to the Department the results of all
monitoring data collected no later than the last day of the month immediately following the end of the month of record.
The results shall be sent to the Department of Environmental Protection, South District Office, P.O. Box 2549, Fort
Myers, Florida 33902-2549. The results shall be submitted in the same manner and on the same forms as required by
the facility wastewater permit.
4. UIC PROGRAM WELL PERMIT RENEWAL
c. In accordance with Rules 62-4.090(l) and 62-528.455(3)(a), F.A.C., the permittee shall submit an application for
renewal of the existing injection well system operating permit (a minimum of 5 copies) with the applicable fee at least
60 days prior to the expiration of this operation permit. The application for renewal shall include the items listed in
Rule 62-528.455(3)(b), F.A.C.
5. EMERGENCY DISPOSAL
All applicable federal, state and local permits must be in place to allow for any alternate discharges due to emergency or
planned outage conditions.
b. Any changes in emergency disposal methods must be submitted for Technical Advisory Committee (TAC) review and
Department approval.
c. The permittee shall notify -the local office of the Department within 24 hours in the event the emergency discharge has
been used. The notification should include the reason for using the emergency discharge, the duration of the discharge,
and the volume discharged. Written notification shall be provided within 5 days after its occurrence.
The permittee is reminded of the necessity to comply with the pertinent regulations of any other regulatory agency, as well as
any county, municipal, and federal regulations applicable to the project. These regulations may include, but are not limited
to, those of the Federal Emergency Management Agency in implementing flood control measures. This permit should not be
construed to imply compliance with the rules and regulations of other regulatory agencies.
Page 17 of 18
FACILITY: Roth Building WWTP PERMIT NUMBER: FLA014994
PERMITTEE: Monroe County Board of County Commissioners PA FILE NUMBER: FLA014994-004-DW3P
3583 South Roosevelt Blvd.
Key West, FL 33040
Note: In the event of an emergency the permittee shall contact the Department by calling (800) 320-0519. The permittee shall
call (239) 332-6975 during regular business hours.
Executed in Ft. Myers, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
P-7,�
Jon M. Iglehart
Director of
District Management
DATE: OG' iz�ber- ZQ, ZVO�
Page 19 of 18
STATEMENT OF BASIS
FOR
STATE OF FLORIDA
DOMESTIC WASTEWATER FACILITY PERMIT
PERMIT NUMBER: FLA014994
PA FILE NUMBER: FLA014994-004-DW3P
FACILITY NAME: Roth Building WWTP
FACILITY LOCATION: Key West
Monroe County
NAME OF PERMITTEE: Monroe County Board of County Commissioners
PERMIT WRITER: Ron Walters
1. BASIS FOR EFFLUENT AND RECLAIMED WATER LIMITS AND MONITORING REQUIREMENTS
(INCLUDING EFFLUENT MONITORING REQUIREMENTS)
The following table provides the basis for Part I. A. provisions.
UIC System U-001 (Class V wells to Class G-III waters):
Parameter
Limit
Basis
Rationale
BOD, Carbonaceous
20.0
Annual Average
403.085(2) & .086(1)(b) FS & 62-
5 day, 20C (MG/L)
600.740(1)(b)1.a. FAC
30.0
Monthly Average
62-600.740(1)(b) Lb. FAC
45.0
Weekly Average
62-600.740(1)(b) I.c. FAC
60.0
Single Sample Max.
62-600.740(1)(b)l.d. FAC
Solids, Total
20.0
Annual Average
403.085(2) & .086(1)(b) FS & 62-
Suspended (MG/L)
600.740(1)(b)l.a. FAC
30.0
Monthly Average
62-600.740(1)(b)1.b. FAC
45.0
Weekly Average
62-600.740(1)(b)1.c. FAC
60.0
Single Sample Max.
62-600.740(1)(b)l.d. FAC
pH (SU)
6.0 to 8.5
Minimum and
62-600.445 FAC
Maximum
Coliform, Fecal
200
Annual Average
Chapter 99-395, Laws of Florida, Section 6
(#/100ML)
& 62-600.440(4)(c)1. FAC
200
Monthly Geo. Mean
62-600.440(4)(c)2. FAC
400
90th Percentile
62-600.440(4)(c)3. FAC
800
Single Sample Max.
62-600.440(4)(c)4. FAC
Total Residual
0.5
Minimum
62-600.440(4)(b) FAC
Chlorine (For
Disinfection)
(MG/L)
Nitrogen, Total (as
Report
Single Sample Max.
Chapter 99-395, Laws of Florida, Section 6
N) (MG/L)
Phosphorus, Total
Report
Single Sample Max.
Chapter 99-395, Laws of Florida, Section 6
(as P) (MG/L)
Page 1 of 3
The following table provides the basis for Part I. B. provisions and Part X.3. provisions.
Other Limitations and Monitoring Requirements:
Parameter
Limit
Basis
Rationale
Flow (MGD)
0.040
Monthly Average
62-600.400(3)(b)FAC
Percent Capacity,
Report
Monthly Average
62-600.405(4) FAC
(TMADF/Permitted
Capacity) x 100
(PERCENT)
BOD, Carbonaceous
Report
Monthly Average
62-601.300(1)FAC
5 day, 20C (MG(L)
Solids, Total
Report
Monthly Average
62-601.300(1)FAC
Suspended (MG/L)
Monitoring
-
All Parameters
62-601 FAC & 62-699 FAC and/or BPJ of
Frequency and
permit writer
Sample Type
Maximum Peak
Report
Daily/Monthly
62-528.615(2) FAC
Hourly Flow Rate
Sampling Location
-
All Parameters
62-601, 62-610.412, 62-610.463(1), 62-
610.568, 62-610.613 FAC and/or BPJ of
EELE!t writer
2. RESIDUALS MANAGEMENT
The method of residuals use or disposal by this facility are transport to Monroe County sludge transfer
station to Miami/Dade County South District Regional WWTP or Miami/Dade Central WWTP, or disposal
in a Class I or H solid waste landfill.
3. GROUND WATER MONITORINQ REQUIREMENTS
Ground water monitoring requirements do not apply to this facility
4. SCHEDULES FOR IMPROVEMENT ACTIONS, CONSTRUCTION, AND ENGINEERING STUDIES
The following improvement actions shall be completed according to the following schedule:
Improvement Action
Completion Date
1
The permittee shall make available on site an operation &
Within 30 days of permit
maintenance manual for this wastewater plant.
issuance.
2
Permittee shall add an additional waste activated sludge line
Within 90 days of permit
from the final settling tank to the digester.
issuance.
S. INDUSTRIAL PRETREATMENT_ REQUIREMENTS
At this time, the facility is not required to develop an approved industrial pretreatment program. However,
the Department reserves the right to require an approved program if future conditions warrant.
Page 2 of 3
6. ADMINISTRIATIVE ORDERS (AO) AND CONSENT ORDERS (CO)
This permit is not accompanied by an AO, and there are no unresolved compliance issues for this facility.
7. • EFFECTS OF SURFACE WATER DISCHARGE ON THREATENED OR ENDANGERED SPECIES
The Department does not anticipate adverse impacts on threatened or endangered species as a result of
permit issuance.
8. APPLICABLE RULES
The following were used as the basis of the permit limitations/conditions:
a. FAC refers to various portions of the Florida Administrative Code.
The effective dates of FAC Rule Chapters cited in the table are as follows:
Chapter Effective Date
62-4 02-07-06
62-160 06-08-04
62-302 12-07-06
62-520 12-09-96
62-522 08-27-01
62-528 12-27-05
62-550 01-17-05
62-600 04-13-06
62-601 12-24-96
62-602 10-15-07
62-610 11-19-07
62-620 . 07-10-06
62-625 01-08-97
62-640 03-30-98
62-650 12-26-96
62-699 10-15-07
b. FS refers to various portions of the Florida Statutes
C. CFR refers to various portions of the Code of Federal Regulations, Title 40
d. BPJ refers to Best Professional Judgment
Page 3 of 3
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DAILY SAMPLE RESULTS - PART B
Facility: Roth Building WWTP
To:
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Day Shift Operator Class: Certificate No: Name:
Evening Shift Operator Class: Certificate No: Name:
Night Shift Operator Class: Certificate No: Name:
Lead Operator Class: Certificate No: Name:
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Florida Department of Charlie Governor erns
Environmental Protection Jeff Kottkamp
Lt. Governor
South District Michael W. Sole
P.O. Box 2549 Secretary
Fort Myers, Florida 33902-2549
CERTIFIED MAIL NO.: 7008 0150 0003 1458 8985
RETURN RECEIPT REQUESTED
In the Matter of an
Application for Permit by:
Monroe County Board of County Commissioners Monroe County — DW
c% Mr. John King Roth Building WWTP
Senior Director of Lower Keys Operations PA File No. FLA014994-004-DW3P
3583 South Roosevelt Blvd. Florida Keys Basin
Key West, FL 33040
NOTICE OF PERMIT ISSUANCE
Enclosed is Permit Number FLA014994 to operate an existing domestic wastewater treatment plant, issued
under Section 403.087, Florida Statutes.
In accordance with Chapter 99-395, Laws of Florida, the referenced facility will be required to meet the
more stringent discharge limits, listed in Section I.A.2. of this permit, beginning on July 1, 2010. Replacement
or modification of the existing plant will be needed in order to meet the new requirements. In order to meet
the time requirements of Rule 62-620.410 of the Florida Administrative Code, an application for replacement
or modification of the facility must be received in this office as soon as possible, but not later than January 1,
2010.
Monitoring requirements under this permit are effective on the fast day of the second month following permit
issuance. Until such time, the permittne shall continue to monitor and report in accordance with previously effective
permit requirements, if any.
The Department's proposed agency action shall become final unless a timely petition for an administrative
hearing is filed under Sections 120.569 and 120.57, Florida Statutes, within fourteen days of receipt of notice. The
procedures for petitioning for a hearing are set forth below.
A person whose substantial interests are affected by the Department's proposed permitting decision may
petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, Florida Statutes. The
petition must contain the information set forth below and must be filed (received by the clerk) in the Office of
General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000.
Under Rule 62-110.106(4), Florida Administrative Code, a person may request enlargement of the time for
filing a petition for an administrative hearing. The request must be filed (received by the clerk) in the Office of
General Counsel before the end of the time period for filing a petition for an administrative hearing.
Petitions by the applicant or any of the persons listed below must be filed within fourteen days of receipt of this
written notice. Petitions filed by any persons other than those entitled to written. notice under Section 120.60(3),
Florida Statutes, must be filed within fourteen days of publication of the notice or within fourteen days of receipt of
Page 1 of 3
FACILITY: Roth Building W V7P PA File No.: FLA014994-004-DW3P
PERMITTEE: Monroe County Board of County Commissioners
the written notice, whichever occurs first. Under Section 120.60(3), Florida Statutes, however, any person who has
asked the Department for notice of agency action may file a petition within fourteen days of receipt of such notice,
regardless of the date of publication.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of
filing. The failure of any person to file a petition within fourteen days of receipt of notice shall constitute a waiver of
that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, Florida
Statutes. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of
the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, Florida Administrative Code.
A petition that disputes the material facts on which the Department's action is based must contain the following
information:
(a) The name, address, and telephone number of each petitioner; the name, address, and telephone number of
the petitioner's representative, if any; the Department permit identification number and the county in which the
subject matter or activity is located;
(b) A statement of how and when each petitioner received notice of the Department action;
(c) A statement of how each petitioner's substantial interests are affected by the Department action;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
(e) A statement of facts that the petitioner contends warrant reversal or modification of the Department action;
(f) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner
to relief; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wants the
Department to take.
Because the administrative hearing process is designed to formulate final agency action, the filing of a petition
means that the Department's final action may be different from the position taken by it in this notice. Persons whose
substantial interests will be affected by any such final decision of the Department have the right to petition to become
a party to the proceeding, in accordance with the requirements set forth above.
Mediation under Section 120.573, Florida Statutes, is not available for this proceeding.
This permit action is final and effective on the date filed with the clerk of the Department unless a petition is filed
in accordance with the above. Upon the timely filing of a petition this permit will not be effective until further order of
the Department.
Any party to the permit has the right to seek judicial review of the permit action under Section 120.68, Florida
Statutes, by the filing of a notice of appeal under Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with
the clerk of the Department in the Office of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard,
Tallahassee, Florida, 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable filing
fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date
when this permit action is filed with the clerk of the Department.
Executed in R. Myers, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Jon M. glehar
Director of
District Management
Page 2 of 3
FACILITY: Roth Building WWTP PA File No.: FLA014994-004-DW3P
PERMITTEE: Monroe County Board of County Commissioners
FILING AND ACKNOWLEDGMENT
FILED, on this date, under Section 120.52, Florida Statutes, with the designated deputy clerk, receipt of which
is hereby acknowledged. ¢
[Clerk] [Date]
CERTIFICATE OF SERVICE
The undersigned hereby certifies that t1NOTICE OF PERMIT ISSUANCE and all copies were mailed
before the close of business on Octobe 2008 to the listed persons.
JMvRW1j1
Enclosures
Copies furnished to:
Sean Kirwan, P.E.
Steve Johnson, DEP - Marathon
Keith Kleinman, DEP - Ft. Myers
David Rhodes, P.G., DEP - Ft. Myers
Page 3 of 3