Item C06BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16, 2008 Division: Public Works
Bulk Item: Yes X No — Department: Facilities Maintenance
Staff Contact Person:John W. King 292-4431
AGENDA ITEM WORDING: Approval to (1) terminate month -to -month contract with Synagro
South, LLC effective January 27, 2008, and (2) award bid and execute a contract with U. S. Water
Services Corporation for the operation and maintenance of the sewage treatment plant at the Plantation
Key Government Complex.
ITEM BACKGROUND: County put the contract out to bid and award on November 14, 2007.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: New contract
STAFF RECOMMENDATIONS: Approval
TOTAL COST:_ $8,706.72 per year-oneration/maint BUDGETED: Yes X No
Repairs: Regular Hours $60.00; OT $90.00
Handling Fee: Cost + 25%; Sludge Removal Cost + 25%
COST TO COUNTY: $ same SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year
APPROVED BY: County Atty V O /Purchasin Risk Management
anagement
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05
M E M O R A N D U M
DATE: December 28, 2007
TO: Dent Pierce, Division Director
Public Works
FROM: John W. King, Sr. Director
Lower Keys Operations
RE: Agenda Item — January 16, 2008 BOCC Meeting
Terminate Month -to Month Contract with Synagro South, LLC —
Award Bid and Execute a Contract with U.S. Water Services
Corporation — Operation and Maintenance of the Sewage Treatment
Plant Plantation Key Government Center
On November 15, 2006, the BOCC approved an extension of the Synagro Southeast, Inc. contract
in anticipation of the project going out for bid. Bids were submitted November 15, 2007, with
three respondents as follows:
Synagro
Pinewood Wastewater
US Water Services
Respondent:
Technologies Inc
Services Inc
Corporation
Yearly Amount:
$15,174.00
$10,800.00
$8,706.72
Monthly Amount:
$1,264.50
$900.00
$725.56
Repairs — Regular:
$60.00
$60.00
$60.00
Repairs — OT
$9i0.00
$115.00
$90.00
Handling fee:
Cost + 20%
Cost + 10%
Cost + 25%
Sludge Removal Cost:
Cost + 15%
Cost +10%
Cost + 25%
I hereby request approval to (1) terminate the month -to -month contract with Synagro Southeast,
Inc. effective January 27, 2008; and (2) award bid and execute a contract with U. S. Water
Services Corporation for the operation and maintenance of the sewage treatment plant at the
Plantation Key Government Center.
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: U.S. Water Services Corp
Contract #
Effective Date:
1/28/08
Expiration Date:
1/27/08
Contract Purpose/Description:
Operation and maintenance of the sewage
treatment plant at
the Plantation Key
Government Center
Contract Manager: Jo B. Walters
4549
Facilities Maint/Stop #4
(Name)
(Ext.)
(Department/Stop #)
for BOCC meeting on 1/16/08
Agenda Deadline: 1/02/08
CONTRACT COSTS
Total Dollar Value of Contract: $ 19,000 approx Current Year Portion: $ 5,804.48+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) (e . maintenance, t
CONTRACT REVIEW
etc.
Changes Date Out
Date Needed ` Reviewer
Division Director q Log, Yes[:] No ff S
RiskMa mYesZNo❑
/P-;::� O.M.B.h�
County Attorney Yes❑ No
Comments:
OMB Form Revised 2/27/01 MCP #2
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vac' ��
2005 Edition
POLLUTION LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the storage, treatment, processing,
or transporting of hazardous materials (as defined by the Federal Environmental Protection
Agency), the Contractor shall purchase and maintain, throughout the life of the contract,
Pollution Liability Insurance which will respond to bodily injury, property damage, and
environmental damage caused by a pollution incident.
The minimum limits of liability shall be:
$500,000 per Occurrence/$1,000,000 Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of four (4)
years will be required.
POL1
Administration Instruction
#4709.6
73
OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT — PLANTATION KEY GOVERNMENT
CENTER, MONROE COUNTY, FLORIDA
s
AGREEMENT FOR OPERATION AND MAINTENANCE
SEWAGE TREATMENT PLANT — PLANTATION KEY GOVERNMENT CENTER
This Agreement is made and entered into this day of 2008,
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, Florida
34652.
WHEREAS, COUNTY desires to provide operation and maintenance of sewage
treatment plant for the PLANTATION KEY GOVERNMENT CENTER, Monroe
County, and
WHEREAS, CONTRACTOR desires and is able to provide operation and
maintenance of sewage treatment plant for the PLANTATION KEY GOVERNMENT
CENTER, Monroe County; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
operation and maintenance of sewage treatment plant for the PLANTATION KEY
GOVERNMENT CENTER 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 and its exhibits only.
2. SCOPE OF THE WORK:
A. The Contractor's services shall include all DEP requirements stipulated in
the Operating Permit (attached as Exhibit A) in order to operate the
facility efficiently and reliably, and to maintain the facility according to
the Permit. The Contractor shall invoice the County for the operation and
maintenance services on a monthly basis, in arrears, at the fee schedule
rate.
i. Comply with all conditions specified within the current Permit
for this facility.
ii. Comply with all conditions specified within the current Permit
for this facility.
iii. Comply with all DEP rules, Florida Statutes, and county and
local regulations pertaining to the operation and maintenance of
Agreement 1 October 2007
OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT — PLANTATION KEY GOVERNMENT
CENTER, MONROE COUNTY, FLORIDA
wastewater facilities, systems of treatment and control, and
related appurtenances.
iv. 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.
V. 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 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.
vi. 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.
vii. Inspect and maintain -the. facility's equipment, practices, and
operation regulated of required by the Permit conditions.
viii. 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.
Agreement 2 October 2007
OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT — PLANTATION KEY GOVERNMENT
CENTER, MONROE COUNTY, FLORIDA
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;
i.
Maintain all painted surfaces;
j.
Record the daily flow in gallons per day;
k.
Record the Ph of effluent;
1.
Daily maintain air to all required components of the
treatment plant. The contractor shall individually check
and clean all air diffusers and skimmers as required, then
adjust aeration as required to maintain plant balance;
in.
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;
q. Provide all digester sludge removal services: Maximum of
four removals annually, when required. Any additional
removals 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 _% 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 ticket(s) after every sludge removal
service; and
ix. 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
Agreement 3 October 2007
OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT — PLANTATION KEY GOVERNMENT
CENTER, MONROE COUNTY, FLORIDA
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.
X. 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.
xi. 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.
xii. Maintain a copy of the current Operating Permit on site.
xiii. 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.
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 will be responsible for said amount.
In any month in which Repair(s) (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
Agreement 4 October 2007
OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT — PLANTATION KEY GOVERNMENT
CENTER, MONROE COUNTY, FLORIDA
was discovered, a description of the problem, the date and time the
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 2.05 Exceptions). The Contractor and the County shall
simultaneously log the time the County contracted 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:
Repairs which are over the $500.00 limit, as defined in Section 2.B.
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.
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)
$ 725.56 per mouth
$8,706.72 per year
2) Repairs - beyond the $500.00 limit (routine, prior
approval required). Normal working hours of
8:00 am. to 5:00 p.m. Monday through Friday,
excluding holidays
$ 60.00 per hour
3) Emergency service call. Overtime rate for
hours other than normal hours as stated above,
including weekends and holidays.
$ 90.00 per hour
Agreement 5 October 2007
OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT — PLANTATION KEY GOVERNMENT
CENTER, MONROE COUNTY, FLORIDA
4) Handling fee for parts required for operation, maintenance,
Repairs and emergency services. Cost + 25 %
5) Sludge removal (beyond four per year required as
Regular maintenance) Cost + 25 %
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 the total for Repairs (as defined above) does not
exceed $500.00, the Contractor will not invoice said amount to County and
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."
5. TERM OF AGREEMENT
This Agreement shall commence on January 28, 2008, and ends upon January 27,
2009, unless terminated earlier under paragraph 18 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..
Agreement 6 s October 2007
OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT — PLANTATION KEY GOVERNMENT
CENTER, MONROE COUNTY, FLORIDA
5. 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.
6. FINANCIAL RECORDS OF CONTRACTOR
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.
7. 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.
8. HOLD HARMLESS AND INSURANCE
CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of services provided by CONTRACTOR
occasioned by the negligence, errors, or other wrongful act of omission of
CONTRACTOR, its employees, or agents.
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:
Agreement 7 October 2007
OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT — PLANTATION KEY GOVERNMENT
CENTER, MONROE COUNTY, FLORIDA
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 $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.
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 SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE
GENERAL LIABILITYAND VEHICLE LLABILITY POLICIES.
.9. 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.
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent
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.
11. NONDISCRIMINATION
COUNTY and CONTRACTOR agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
Agreement 8 October 2007
OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT — PLANTATION KEY GOVERNMENT
CENTER, MONROE COUNTY, FLORIDA
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any parry, effective the date of the court order.
COUNTY or CONTRACTOR agree to comply 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 Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; ' 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination
in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions
in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or
the subject matter of, this Agreement.
12. 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 sub
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.
13. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS
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.
Agreement 9 October 2007
OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT
CENTER, MONROE COUNTY, FLORIDA
14. 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 compensation; misuse of public position, conflicting employment
or contractual relationship; and disclosure or use of certain information.
Upon execution of this contract, and thereafter as changes may require, the
CONTRACTOR shall notify the COUNTY of any financial interest it may have in any
and all programs in Monroe County which the CONTRACTOR sponsors, endorses,
recommends, supervises, or requires for counseling, assistance, evaluation, or treatment.
This provision shall apply whether or not such program is required by statute, as a
condition of probation, or is provided on a voluntary basis.
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.
15. 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.
16. 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
(FORCO�N�T,,R--ACTOR:
Sc er �;?!U i I Ps �/I�OrriG
MTR Scoff te"Ji
0 �11 !Ss [-� 0 d
EZ�- POweAP Tq6 2
Agreement 10 October 2007
OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT — PLANTATION KEY GOVERNMENT
CENTER, MONROE COUNTY, FLORIDA
17. 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.
18. TERMINATION
A. The COUNTY may terminate this Agreement with or without cause prior to
the commencement of work.
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 term s of the contract
upon termination.
19. 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.
20. 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.
21. 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
Agreement 11 October 2007
OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT
CENTER, MONROE COUNTY, FLORIDA
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.
22. 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 parry 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 parry
agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is
the prevailing patty or not, through all levels of the court system.
23. 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 each of
COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days
after the first meet and 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.
24. COOPERATION
In the event any administrative or legal proceeding is instituted against either parry
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.
25. 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.
26. 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.
Agreement 12 October 2007
OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT — PLANTATION KEY GOVERNMENT
CENTER, MONROE COUNTY, FLORIDA
27. 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.
28. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances,
and rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
29. 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 constitutional or statutory duties of the COUNTY, except to the extent
permitted by the Florida constitution, state statute, and case law.
30. NON-RELLANCE 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.
31. 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.
32. 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
Agreement 13 October 2007
OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT — PLANTATION KEY GOVERNMENT
CENTER, MONROE COUNTY, FLORIDA
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.
33. 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.
34. 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.
35. 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."
36. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances,
and rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the County, when performing their respective functions under this
Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County
37. LEGAL OBLIGATIONS AND RESPONSIBILITIES AND NON -
DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES
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
Agreement 14 October 2007
OPERATION AND MAINTENANCE SEWAGE TREATMENT PLANT — PLANTATION KEY GOVERNMENT
CENTER, MONROE COUNTY, FLORIDA
delegation of the constitutional or statutory duties of the County, except to the extent
permitted by the Florida constitution. state statute, and case law.
38. 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
39. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documents are incorporated by reference in this
contract agreement.
40. 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
Deputy Clerk
Date:
Witnesses for CONTRACTOR:
Si nature
Date
Si ' ature
/R/a6/o7
Date M%WPE P?/ATTORNEY
' RQ6ED /fQ.FjRM:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
Mayor Charles "Sonny" McCoy
Date:
Signature f person authorized to
legally bind Corporation
Date: Q-a6-07
P sl�/� '15
Print Name
Address: Y537 (fto--,5 j�
pjq452
Telephone Number 10, L
Agreement " -4 October 2007
PEDRO MERCAD
ASSISTANT UNTY ATTORNEY
Date _
EXHIBIT A
Department of
r�
�.. „ Environmental Protection
. FLOR A
South District
Jeb Bush P.O. Box 2549 Colleen M. Castilie
Governor Fart Myers, Florida 33902-2549 Secretary
CERTIFIED MAII, NO.: 7003 1010 0004 1397 4714
ETURN RECEIPT RFOUESTED
In the Matter of an
Application for Permit by:
Monroe County - DW
John King, Director of Facility Maintenance Plantation Key Government Center WWTP
Monroe County Board of County- Commissioners Permit No.: FLA014699
3583 South Roosevelt Blvd, PA File No.: FLA014699-002-DW3P
Key West. FL 33040
NOTICE OF PERMIT ISSUANCE
Enclosed is Permit Number FI.A01.1699 to operate a domestic wastewater treatment facility and twv
injection wells, issued under Section 403.087. Florida Statutes,
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 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 or request for enlargement of time 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
Page t of 3
Akre prctection. Less process"
Pnnted on recycled paper.
Plantation Key Government .Inter WWTP
PA File No,: FLA014699-002-DW3P
(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. Florid:: 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 receiv&, 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;
(I) 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.
In addition to requesting an administrative hearing, any petitioner may elect to pursue mediation. The
election may be accomplished by filing with the Department a mediation agreement with all parties to the
proceeding (i.e., the applicant, the Department, and any person who has filed a timely and sufficient petition
for a hearing). The agreement must contain all the information required by Rule 28-106.404, Florida
Administrative Code. The agreement must be received by the clerk in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within
ten days after the deadline for filing a petition, as set forth above. Choosing mediation will not adversely
affect the right to a hearing if mediation does not result in a settlement,
As provided in Section 120.573, Florida Statutes, the timely agreement of all parties to mediate will
toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, for holding an
administrative hearing and issuing a final order. Unless otherwise agreed by the parties, the mediation must
be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the
administrative dispute, the Department must enter a final order incorporating the agreement of the parties.
Persons seeking to protect their substantial interests that would be affected by such a modified final decision
must file their petitions within fourteen days of receipt of this notice, or they shall be deemed to have
waived their right to a proceeding under Sections 12.0.569 and 120,57, Florida Statutes. If mediation
terminates without settlement of the dispute, the Department shall notify all parties in writing that the
administrative hearing processes under Sections 120,569 and 120.57, Florida Statutes, remain available for
disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the
agency action and electing remedies under those two statutes.
This permit is final and effective on the date filed with the clerk of the Department unless a petition or
request for enlargement of time) is filed in accordance with the above. Upon the timely filing of a petition (or
request for enlargement of time) this permit will not be effective until further order of the Department.
Any party to this permit has the right to seek judicial review 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, 3900 Commonwealth Boulevard, Mail Station 35,
Tallahassee, Florida, 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable
Page 2 of 3
Plantation Key Government, -enter WWTP
PA File No.: FLA014699-002-DW3P
`ling fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days
from the date when this permit is filed with the clerk of the Department.
Executed in Fort Myers, FL. Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Jon M glehart L
Acting'Director of
District Management
CERTIFICATE OF SERVICE
The undersigned hereby certifies that this NOTICE OF PERMIT ISSUANCE and a]I copies were
mailed before the close of business on June -Z, 2004 to the listed persons.
FILING AND ACKNOWLEDGMENT
FILED, on this date, under Section 120.52, Florida Statutes, with the designated deputy clerk, receipt
of which is hereby acknowledged.
JMIISRWj€i
}
Clerk � Date
Copies furnished to:
Sean Kirwan, P.E. - Glen Boe & Associates, Inc.
Gus Rios - FDEP Marathon
Page 3 of 3
Jeb Bush
Governor
Department of
Environmental Protection
South District
P.O. Box 2549
Fort Myers, Florida 33902-2549
Colleen M. Castille
secretary
STATE OF FLORIDA
DOMESTIC WASTEWATER FACILITY PERMIT
PERMITTEE: PERMIT NUMBER: FLA014699
PA FILE NUMBER: FLA014699-002-DW3P
Monroe County Board of County Commissioners ISSUANCE DATE: June 8, 2004
EXPIRATION DATE: June 7, 2009
RESPONSIBLE AUTHORITY:
John King, Director of Facility Maintenance
Monroe County Board of County Commissioners
3583 South Roosevelt Blvd.
Key West. FL 33040
(305)293-1418
FACILITY:
Plantation Key Government Center WWTP
2 I3igh Point Road
Key West. FL 33070
Monroe County
Latitude: 24' 58' 45" N Longitude: 800 33' 05" W
This permit is issued under the provisions of Chapter 403, Florida Statutes, and applicable rules of the Florida Administrative Code.
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:
Operate an existing 0.010 MGD annual average daily flow (AADF) extended aeration process domestic wastewater treatment facility
consisting of two 5,000 gallon aeration basins, a 3,000 gallon final settling basin, a 542 gallon chlorine contact chamber, a 4,780
gallon effluent polishing basin, and a I, 211 gallon sludge digester.
DISPOSAL:
Underground Injection: An existing 0.010 MGD annual average daily flow (AADF) permitted capacity underground injection well
system U-001 consisting of 2 Class V underground injection wells permitted under Department permit numbers 63018-003-UO and
63018-004-UO discharging to Class G-III ground water. Permits 63018-003-UO and 63018-004-UO are part of this permit
FLA014699. Underground injection well system U-001 is located approximately at latitude 24 " 58' 45" N, longitude 80 ° 33' 05" W.
IN ACCORDANCE WITH: The limitations, monitoring requirements and other conditions set forth in Pages I through 18 of this
permit.
Page I of I8
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FACILITY: Y: Plantation Key Governer--t Center Wy' TP PERM'' NUMBER: ITA014699
PI RMn"TtEi : Monroe County Board � Amity Commissioners PA I li- "'UMBER: I=LA014699-002-DW3P
3583 South Roosevelt Blvd.
Key West. FL 33040
2. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition 1. A. I. and as described below:
Monitoring Location I Description of Monitoring Locution
NFF-01 As indicated in the application, at the final outlet of the WWTP. prior to discharge to
the inice(ion wells.
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 901h 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. 162-600.44(X4)(c)1
4. 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. 162-600.440(4)(h) j
5. For your information: Chapter 99- 395, Laws of Florida, requires that by July 1, 2010, the facility either cease all
discharge to the injection wells or meet effluent limits, on an annual basis, as follows:
a. Carbonaceous biochemical oxygen demand (CBOD5) of 10.0 mg/L;
b. Total suspended solids (TSS) of 10.0 mg ;
c. Total nitrogen (as N) of 10.0 mg/L;
d. Total phosphorus (as P) of 1.0 mg/L.
(Chapter 99-395, Laws of Florida, Section h, Subsection (4) and (6)J
6. Grab samples shall be collected during periods of minimal treatment plant pollutant removal efficiencies or maximum
hydraulic and/or organic loading. (Rude 62-600.740t 1)(a)21
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FACILITY: T"Y: Plantation Key Governin-it Center WW TP PERM I" NUMBER: FLA0146)9
PEKMI"1'"1 FE: A7onroe County Beard )unty C'oinmissioners PA Ell ;UMBER: H-A014699-002-DW31?
3583 South Roosevelt Blvd.
Key West. FI- 33040
2. Samples shall he taken at the monitoring site locations listed in Permit Condition 1. B. I and as described below:
Monitoring Location
Site Number
Description of Monitoring Location
FLW-0I
Elapsed time meters on pumps at dual pump station.
1NF-01
As indicated in the application, at the inlet line prior to aeration.
a, Influent samples shall be collected so that they do not contain digester supernatant or return activated sludge, or any other
plant process recycled waters. 162-601.50(,N)1
4, Elapsed time meters shall be utilized to measure Slow and calibrated at least annually. 162-bUl-'oi4l7) ,�rnd . 0(l 0)1
5. Parameters which must be monitored as a result ofa surface \vater discharge shall he analyzed using a sufficiently
sensitive method in accordance with 40 CFR Part 136. Parameters which must be monitored as a result of a ground water
discharge (i.e., underground injection or land application system) shall be analyzed in accordance with Chapter 62-601.
F.A.C. /62-020.610(18)1
6, The permittee shall provide safe access points for obtaining representative influent, reclaimed water, and dluent samples
which are required by this permit. j62-601.500(5)1
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 Department's 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 forms
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 I - March 31
April 28
April I -June 30
July 28
July I - September 30
October 28
October 1 - December 31
JanuarX 28
Semiannual
January 1 - June 30
July 28
Jul 1 - December 31
January 28
Annual
January 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 Ibrm(s) to the Department's South
District Office at the address specified in Permit Condition 1.B, 8 by the twenty-eighth (28th) of the month 6HoNving the
month of operation.
162-020.610(18)1(62-601.30Q 1), (2), and (3)1
Page 5 of IS
FACILITY: PLrntaticnt Key Government Center WWTP PERMt NUMBER: FLA014699
P[;Riv11'YTFE: Monroe County Board -)unto Commissioners PA Fli 4UMBER: FLA014699-002-DW3p
3583 South Roosevelt Blvd.
Key West, EL 33040
S, 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:
Florida Npartment of Environmental Protection
Marathon Regional Service Center
"796 Overseas Highway. Suite 221
Marathon, Florida 33050-2227
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, P.A.C. f 62-020, 3051
11. RESIDUALS MANAGEMENT REQUIREMENTS
1. The method of residuals use or disposal by this facility is as hollows: This facility participates in the Monroe County area -
wide residuals disposal program. The county contractor is hauling residuals to waste\vater treatment plants outside of
Monroe County via one of three residuals transfer stations as identified in Permit No, FLA016967.
Note: if this facility wishes to land apply residuals in the future the pern-dttee shall make application to the
Department for a minor revision to permit conditions in accordance with F.A.G. Rule 62-620.325(2)(c)(2)(c), prior
to any land application.
1 Disposal of the permittee's residuals directly to another wastewater treatment plant other than what is stated in specific
condition I and 5 of this section shall require the permitter to generate the following documentation and submit to the
Department a minor revision to his permit for incorporation of same.
a. Permittee shall enter into an agreement with the receiving wastewater treatment facility (POTW or Privately owned
facility) authorizing the permittee to dispose of the residuals into the collection transmission system of the W.W.T.P.
b. Permittee shall maintain agreements with the designated W,W.T.P. for the duration of this permit and provide the
Department with an updated letter of authorization. Copies of the agreements shall be kept on file by the permittee
for review by the Department.
c. If the permittee changes treatment plants or adds other treatment plants as disposal sites, the permittee'shall notify
the Department to reflect the change. A minor revision to the permit needs to accompany this change along with the
agreement authorizing same.
d. The permittee shall develop a manifest that documents, by date and quantity, the sludge removed from the facility
and delivered to the POTW. The manifest shall bear the original signatures of the authorized representatives of the
POTW and the hauler who is contracted by the permittee to haul the residuals to the Pam. Copies of this manifest
shall be kept on file for Department review.
e. A written agreement between the licensed (County and/or Department of Health licensed) sludge hauler and the
permittee shall be provided. This agreement shall document that the hauler accepts legal responsibility for proper
documentation, transportation to the POTW-and proper disposal into the collection/transmission system of the
POTW, Proper documentation shall include a manifest for shipping and receiving with a receipt copy returned the
permittee to keep on file for Department review.
The permittee will not be held responsible for violations resulting from land application of residuals if the permittee can
demonstrate that it has delivered residuals that meet the parameter concentrations and appropriate treatment requirements
of this rule and the applier (e.g. hauler, contractor, site manager, or site owner) has legally agreed in writing to accept
responsibility for proper land application of the residuals. Such an agreement shall state that the applier agrees, upon
delivery of residuals that have been treated as required by Chapter 62-640. F.A.C., that he will accept responsibility for
proper land application of the residuals as required by Chapter 62-640, F.A.C., and that the applier agrees that he is
Page 6 of IS
FACILITY: Plantation Key Governm,nt Center WWTP PERMr-T' N1-1M1 BER: n-A014699
PERMI'1 TLE: Monroe Countv Board aunty Commissioners PA FI, CUMBER: ll-A014699-002-DW3P
3583 South Roosevelt Blvd.
Key West. FL 33040
aware of and will comply with requirements for proper land application as described in the facility's permit.
(62-640,J(W), 3-30-98]
4. Should the mainland WWTP require sludge analysis of residuals or the hauling, of residuals to the mainland WWTP for
treatment discontinue, the permittee shall sample and analyze the residuals at least once every 12 months. All samples
shall he representative and shall be taken after final treatment of the residuals but before use or disposal. Sampling and
analysis shall he in accordance with the U S. Environmental Protection Agency publication - POTW Sludge Sampling
and Analvsis Guidance Document, 1989. The following parameters shall be sampled and analyzed:
Parameter
Ceiling Concentrations
(Sia le Sam le)
Cumulative Application Limits
Total Nitrogen
(Report only) r(- dry weight
Not applicable
Total Phosphorus
(Report only) % dry weight
Not applicable
Total Potassium
(Report (mly) 17c dry weight
Not applicable
Arsenic
75 mg/kg dry weight
36.6 pounds/acre
Cadmium
85 mg/kg dry weight
34.8 pounds /acre
Copper
4300 mglks dry weight
I340 pounds/acre
Lead
840 mg/kg dry weight
268 pounds/acre
Mercury
57 mJkg dry weight
15.2 pounds/acre
Molybdenum
75 mg/kg dry weight
Not applicable
Nickel
420 mg/kg dry weight
375 pounds/acre
Selenium
100 mg/kg dry weight
89.3 pounds/acre
Zinc
7500 mg/kg dry vveight
2500 pounds/acre
Ph
(Report only) standard units
Not applicable
Total Solids
(Report only) k
Not applicable
(62-640.650(l), 62-640.700(l), 62-040.70(Y3)(b), an(162-640.85(X3), 3-30-98)
Paoe 7 of IS
FACILITY: Plantation Key Governm-nt Center \IN'TP PBRMt'T' NtUMBER: FI-AO14699
f'I?RMI'l7 FF: Monroe County Board . )unty Commissioners PA FI; I;M}3ER: FLA014699-002-DW3P
3553 South Roosevelt Blvd.
Key West_ FL 33040
5. The permittec shall keep hauling records to track the transport of residuals between facilities. The hauling records shall
contain the following information:
5ouu Facility
I. 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 Management Facility or Treatment Facilitv
I. 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
These record-, 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. 162-640.880(4)J
6. Storage of residuals or other solids at the permitted facility shall require prior written notification to the Department if the
storage lasts longer than 30 days. /62-640. 300(4)1
111. GROUNDWATER REQUIREMENTS
Construction Requirements
Section III, Construction Requirements, is not applicable to this facility.
Operational Requirements
I. The ground water minimum criteria specified in Rule 62-520,400 F.A.C. shall be met at the point of discharge, 162-
520.400 and 62-520.430J
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, FA.C., this
facility is a Category III, Class D facility and, at a minimum. operators with appropriate certification must be on the site
as follows:
A Class D or higher operator for 3 nonconsecutive visits/week for 1 1/2 hours/week. The lead operator must be a Class
D operator, or higher.
(62-620.630(3)J [62-699,310] 162-610.4621
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. Daily
checks of the plant shall be performed by the permittee or his representative or agent 5 days per week. On those days
Pape 8 of 18
FACILITY: Plantation Key GoNernrn—Center WNW"rP PLRMI" NUMBER: FLA014699
PFRNIII"ELL: Monroe County Board c. aunty Cornmissioners PA FIL ,U_N1BER: FLA0140994)0'_%Dw3P
3583 South Rc>c5sevelt Blvd.
Key West. FL 33040
when the facility is not staffed by a certified operator, the permittee shall ensure that Flow. pH, Total Residual Chlorine
(For Disinfection) are monitored in accordance with Part I of this permit. t02-699.3I )(I) j
3. The application to renew this permit shall include an updated capacity analysis report prepared in accordance with Rule
01-600,405, 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 Mule 62-600.735, F.A.C. 102-60O.735(1)]
5, The permittee sh211 maintain the following records and make them available for inspection on the site of the permitted
facility:
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;
b. Copies of all reports required by the permit for at least three years from the date the reports were prepared;
e. 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 licenses 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 logs 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.
j62-620.350 j
VI. SCHEDULES
Section VI is not applicable to this facility.
VII. INDUSTRIAL PRETREATMENT PROGRAM REQUIREMENTS
This facility is not required to have a pretreatment program at this time. [62-625.5001
VIII. OTHER SPECIFIC CONDITIONS
1. If the permittee wishes to continue operation of this wastewater facility after the expiration date of this permit, the
permittee shall submit an application for renewal, using Department Forms 62-620.910(l) and (2). no later than one -
hundred and eighty days (180) prior to the expiration date of this permit. (62-620.41O(5)]
Paste 9 of 18
FACILITY: Plantation Key Goverrrm-1 Center WW'FP PERh1i'' NUMBER: FLA014699
P E RIN4YI'1`EE: Monroe County Board i runty Commissioners PA FiI_ .UMBER FLA014699-002-DW 3P
3583 South Roosevelt Blvd.
Key West. FL 33040
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.
In the event that the treatment facilities or equipment no lon-er function as intended, are no longer safe in terms of public
health and safety, or odor. noise, aerosol drift, or lighting adversely affects neighboring developed areas at the levels
prohibited by Rule 62-600400(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. 162-000.41(> S) and 62-
640.400(6)1
4. The deliberate introduction of stormwater in any amount into collectiorYtransmissio n systems desiLmed 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. 162-004.13((3)j
5. Collection/transmission system overflows shall be reported to the Department in accordance with Permit Condition IX.
20. 102-604.5501 162-620.610(20)/
6. The operating authority of a collection/transmission system and the permittee of a 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
e. Which are solid or viscous and obstruct flow or otherwise interfere with wastewater facility operations or treatment;
or
d., Which result in treatment plant discharges having temperatures above 49'C.
(62-604.130(4)%
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. j62-60Q400(2yb)i
S. 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. 162-701.30(ffl ya)j
9. The permittee shall provide adequate notice to the Department of the following:
a. 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
b. Any substantial change in the volume or character of pollutants being introduced into that facility by a source which
was identified in the permit application and known to be discharging at the time the permit was issued.
Adequate notice shall include information on the quality and quantity of effluent introduced into the facility and any
anticipated impact of the change on the quantity or quality of effluent or reclaimed water to be discharged from the
facility.
f 62-020.625(2) j
Page 10 of Is
l-'ACILITY: Plantation Key Governtn— Center WW'IP P)=RMY'" UAMBER: FLA014699
PLR?v IT 1'EE; Monroe County Beard c _)unty Commissioners PA FILUMBER: FLA014599-002-DW3P
3583 South Roosevelt Blvd.
Key West, FL 33040
IX. GENERAL CONDITIONS
I. 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.
{62.620.61 Q 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. f62-620610(2)J
3. As provided in Subsection 403.087(6). 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 he required for other aspects of the total project which are not
addressed in this permit. 162-620.6](0)l
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. 162-620.610(4)j
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)1
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 162-620.6]f)(6)j
7. The permittee shall at all times properly operate and maintain the facility and systems of treatment and control, and
related appurtenances, that are installed and used by the permittee to achieve compliance with the conditions of this
permit, This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to
maintain or achieve compliance with the conditions of the permit. f 62-62f} 610(7))
$. 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. 162-620.61M))
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:
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. Ilave 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.
Page 1 l of 1S
F=AC'ILIT4': Plantation Kev Governor,^i Center WWTP PERN41" NUMBER: PLA014699
P1iRMITTFF: Monroc County Board c )unty Commissioners PA HI, UMBER: FLA014699-002-DW3P
3583 South Roosevelt Blvd.
Key West, FL 33040
162-626.610(9)J
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 Rale 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. 162-020.610(10)J
1 1. 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. 162-620.610(1l )(
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.
[62.620.010(12)1
13. The permittee, in accepting this permit, agrees to pay the applicable regulatory program and surveillance fee in
accordance with Rule 62-4.052, F.A.C. 162-620.610(13) j
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. 162-
620.610(14) J
IS. 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. 162-620.610(1 s)J
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. 162-620.610(16)J
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;
h. The period of the anticipated noncompliance, including dates and times; and
c, Steps being taken to prevent future occurrence of the noncompliance.
102-620,611J(17)1
1 S. Sampling and monitoring data shall be collected and analyzed in accordance with Rule 62-4?,�6, Chapters 62-160 and
62-001. F.A.C.. and 40 CI-R 136, as appropriate.
Page 12 of 18
PAC ILITY: Plantation Key Uovernmt Center W\VTP PERM1'' NUMBER: FLA014699
PI_RM iTTFI-: Monroe County Board c aunty Commissioners PA F11_ !UMBER: FLA014699-002-DW3P
358South Roosevelt Blvd.
Key West. FL 33040
a. Monitoring results shalt be reported at the intervals specified elsewhere in this permit and shall be reported on a
Discharge Monitoring Report (DMR). DEP Form 62-620.91000).
h. 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. Any laboratory test required by this permit shall be performed by a laboratory that has been certified by the
Department of Health (DOH) under Chapter 64E?-1, F.A.C.. where such certification is required by Rule 62-160.300.
F.A.C. The laboratory must be certified for any specific method and analyte combination that is used to comply with
this permit. For domestic wastewater facilities, the on -site test procedures specified in Rule 62-160.300(4), F.A.C.,
shall be performed by a laboratory certified test for those parameters or under the direction of an operator certified
under Chapter 62-602, F.A.C.
e. Field activities including on -site tests and sample collection, whether performed by a laboratory or a certified
operator, must follow the applicable procedures described in DEP-SOP-001101 (January 2002). Alternate field
procedures and laboratory methods may be used where they have been approved according to the requirements of
Rules 62-160.220, and 62-160.330, F.A.C.
162-620.610(18)1
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 shalt be submitted no later than 14 dares following each
schedule date. 162-620.61(Y(19)J
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 unpennitted discharge.
2. Any upset which causes any reclaimed water or the efthtent 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.
b. Ural reports as required by this subsection shall be provided as follows:
1. Vor 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, shalt provide the following
information to the State Warning Point:
a) Name, address, and telephone number of person reporting;
Page 13 of 18
FACILITY: Planlation Key Covernm ^t Center WW'I'P PERM)" NUMBER_ FLA014699
PERMITTI F: Monroe County Board c ?unty Commissioners PA FIL ;UM13P_R: FLAG 14699-002-DW3P
3583 South Roosevelt Blvd.
Key West, FL 33040
h) Name. address, and telephone number of permittee or responsible person for the discharae;
c) Date and time of the discharge and status of discharge forgoing or ceased);
d) Characteristics of the wastewater spilled or released (untreated or treated, industrial or domestic
wasteNvater);
e) Estimated amount of the discharge;
0 Location or address of the discharge;
g) Source and cause of the discharge;
h1 Whether the discharge was contained on -site, and cleanup actions taken to date:
it 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.
j62-02001Q20)1
21. The permittee shalt report all instances of noncompliance not reported under Permit Conditions IX. 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)J
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:
I. 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. 2_1 b. of this permit.
b. If the permittee knows in advance of the need for a 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 shalt include a
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 i1' 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.
Page 14 of 18
VAC'ILITY: Plantation Key Governmr•,t Center WWTP PERMI" NUMBER: FLA014699
P1 RMITTEE: Monroe County Board ( luny Commissioners PA FIL JIMBER: FLA014699-002-DW31?
3583 South Roosevelt Blvd.
Key West. I- 33040
162-620,61 Q 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.
f 62-620.610(23 )1
X. INJECTION WELLS
1. General Criteria
a. The terms, conditions, requirements, limitations and restrictions set forth in this permit are "permit conditions" and
are binding and enforceable pursuant to section 403,141, F.S.
b. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings
or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this
permit may constitute grounds for revocation and enforcement action.
c. As provided in subsection 403.087(7). F.S., the issuance of this permit does not convey any, vested rights or
exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal
rights, nor infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of
any other Department permit that may be required for other aspects of the total project which are not addressed in
this permit.
d. This permit conveys no title to land, water, does not constitute State recognition or acknowledgment of title, and
does not constitute authority for the use of submerged lands unless herein provided and the necessary title or
leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund
may express State opinion as to title.
e. This permit does not relieve the permittee from liability for harm to human health or welfare, animal, or plant life, or
property caused by the construction or operation of this permitted source, or from penalties therefrom; 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.
f. The permittee shall properly operate and maintain the facility and systems of treatment and control (and related
appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit,
or are required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar
systems when necessary to achieve compliance with the conditions of the permit and when required by Department
rules,
Page 15 of 18
FACILITY: Plantation Key Governni—t Center WWTP PERMI' NUIMBER: PLA014099
FERIr9II-1"FE: Monroe County Board ( 3unty Commissioners PA I'll- LUMBER: FLAO14699-002-DA13P
3583 South Roosevelt Blvd.
Key West. FL 33040
g. The permittee, by accepting this permit. specifically agrees to allow authorized Department personnel. upon
presentation of credentials or other documents as may be required by law and at reasonable times, access to the
premises where the permitted activity is located or conducted to:
I , Have access to and copy any records that must be kept under conditions of this permit;
2. Inspect the facility. equipment, practices, or operations regulated or required under this permit; and
3. Sample or monitor any substances or parameters at any location reasonably necessary to assure
compliance with this permit or Department rules.
Reasonable time will depend on the nature of the concern being investigated.
h. If. for any reason. the permittee does not comply with or will be unable to comply with any condition or limitation
specified in this permit, the permittee shall immediately provide the Department with the following information:
1. A description of and cause of noncompliance; and
2. The period of noncompliance. including dates and times; or, if not corrected the anticipated time the
noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent the
recurrence of the noncompliance. The permittee shall be responsible for any and all damages which
may result and may be subject to enforcement action by the Department for penalties or for
revocation of this permit.
i. 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 where such use is proscribed by sections 403.1 1 1 and 403.73. F.S. Such
evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate
evidentiary rules.
j. The permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for
compliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or
Department rules.
k. This permit is transferable only upon Department approval in accordance with rules 62-4.120 and 62-528.350,
F.A.C. The permittee shall be liable for any nun -compliance of the permitted activity until the transfer is approved by
the Department.
1. This permit or a copy thereof shall be kept at the work site of the permitted activity,
m. The permittee shall comply with the following;
1. Upon request, the permittee shall furnish all records and plans required under Department
rules. During enforcement actions, the retention period for a)! records shall be extended
automatically unless the Department determines that the records are no longer required.
2. The permittee shall hold at the facility or other location designated by this permit records of
all monitoring information required by the permit, copies of all reports required by this
permit, and records of all data used to complete the application for this permit. These
materials shall be retained at least three years from the date of the sample, measurement,
report, or application unless otherwise specified by Department rule.
3, Records of monitoring information shall include:
a. the date, exact place, and time of sampling or measurements;
b. the person responsible for performing the sampling or measurements;
c, the dates analyses were performed;
d. the person responsible for performing the analyses;
e. the analytical techniques or methods used;
f. the results of such analyses.
4. The permittee shall furnish to the Department, within the time requested in writing, any
information which the Department requests to determine whether cause exists for modifying.
Page 16 of 18
F �.
FACILITY: Plantation Key Governor -it Center tVW-1-P PERM)"` NULMBER: FLA014699
PERMITTEE: Monroe County Board < )unt_v Commissioners PA FIl 7UMBER: FI_A014699-002-DW3P
35$3 South Roosevelt Blvd.
Key West, 1 1, 33040
revoking and reissuing, or terminating this permit, or to determine compliance with this
permit.
5. If the permittee becomes aware that relevant facts were not submitted or were incorrect in the
permit application or in any report to the Department, such facts or information shall be
corrected promptly.
n. All applications, reports. or information required by the Department shall be certified as being true. accurate, and
complete.
o. Reports of compliance or noncompliance with, or any progress reports on, requirements contained in any compliance
schedule of this permit shalt be submitted no later than 14 days following each scheduled date.
p. 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.
q. 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.
r. The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting
from noncompliance with this permit.
s. This permit may be modified, revoked and reissued, or terminated for cause. as provided in 40 C.F.R. sections
144.39(a), 144.40(a), and 144.41 (1998). The filing of a request by the permittee for a permit modification,
revocation or reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not
stay any permit condition.
t. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or
injection activity which may result in noncompliance with permit requirements.
u. The permittee shall report any noncompliance which may endanger health or the environment including:
1. Any monitoring or other information which indicates that any contaminant may cause an endangerment
to an underground source of drinking water; or
2. Any noncompliance with a permit condition or malfunction of the injection system which may cause
fluid migration into or between underground sources of drinking water.
Any information shall he 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.
v. 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.
w. No underground injection is allowed that causes or allows movement of fluid into an underground source of
drinking water if such fluid movement may cause a violation of any primary drinking water standard or may
otherwise adversely affect the health of persons.
2. Signatories and Certification Requirements
a. 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.
h, In accordance with Rule 62-528.340(4), F.A.C., all reports shall contain the following certification:
Page 17 of 13
I-ACILITY: Plantation Key Governro—t Center WWT P PERMIT NGMBLJI : FI_A014699
PERMIT TIila: Monroe Couniv Hoard ( )unty Commissioners PA Fit UMBL-R: FLA01-039-002-DW3P
3583 South Roosevelt Blvd.
Key West. i-1_ 33040
"I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based 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."
3. In the event a well must be plugged or abandoned, the permittee shall obtain a p rtnit from the Department as t-equired
by Sections 62-528.625 and 62-528,645. P.A.C.
4, The permittee shall notify the Department and obtain approval prior to any well work or modification.
5. 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.
Executed in hort Myers. Florida.
STATE OF FLORIDA DEPARTMENT OF LNVIRONMENI'AL-
PROTECTION
i t
Joning Iglehart
A Director of
District Management
DATE:
Page 18 of is
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