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08/17/2005 Agreement Clerk oIlIIe Circul clun Danny L. Kolhage Office (305) 295-3130 Fax (305) 295-3663 Memnrandum Dent Pierce, Director Public Works Department Isabel C. DeSantis, Deputy Clerk .~ Date: Tuesday, August 23,2005 ,1 ~ At the BOCC meeting on August ,J.B(2005 the Board granted approved the following item: To: From: Award of bid and authorized execution of Contract between Monroe County and Synagro Southeast, Inc. for the operation and maintenance of the wastewater treatment plant at the Monroe Government Center. Enclosed is a fully executed duplicate original for your handling. Should you have any questions concerning this matter, please do not hesitate to contact this office. Copies: Finance County Attorney File / CONTRACT TIllS AGREEMENT, made and entered into this 18th day of August, 2005, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter sometimes call the "owner" or "County"), and Synagro Southeast, Inc. (hereinafter called the "Contractor"). That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 1. THE CONTRACT The contract between the owner and the contractor, of which this agreement is a part, consists of the contract documents, as specified in paragraph 2. 2. THE CONTRACT DOCUMENTS The contract documents consist of this agreement, the specifications, the DEP Operating Permit, all change orders, and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter, together with the bid proposal and all required insurance documentation. 3. SCOPE OF THE WORK The Contractor shall provide all necessary supplies and equipment required in the performance of this contract, and perform all of the work described in paragraph /'o..J 40, and in his bid entitled: S c: g :z: ~. c.n ;gP :! ~ 1"T1~. en n' c. N 0'- c:-... W z ::0 c~ -In r ." :<:-f:r :x "'71 )> N r- C) .. ~ r'1 OPERATION & MAINTENANCE SEWAGE TREATMENT PLANT MARATHON GOVERNMENT CENTER 2798 OVERSEAS IDGHW A Y MONROE COUNTY, MARATHON, FLORIDA incorporated herein by reference, as part of this contract document. The(J1 specifications shall serve as minimum contract standards, and shall be the basis of inspection and acceptance of all the work. 4. THE CONTRACT SUM The County shall pay to the Contractor for the faithful performance of the contract services on a per month in arrears basis on or before the 30th day of the following month in each of twelve (12) months. The Contractor shall invoice the County monthly for sewage treatment plant operation and maintenance performed under the Specifications contained herein. The Contract price (as stated in the Contractor's proposal) shall be invoiced as follows: . Monthly Operation and Maintenance Services (as outlined in the contract specifications) $927.00 per month . Repairs (routine, prior approval required). Normal working Hours of8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays, beyond the $500.00 limit $55.00 per hour ." r- ,." '=' ." o ~ ~ ,." C":' .-.. '-' ::0 r:=; 1 . Emergency service call. Overtime rate for hours other than normal hours as stated above, including weekends and holidays. $82.50 per hour . Handling fee for parts required for operation, maintenance, Repairs, and emergency services. Cost + 200!cl . Sludge removal (beyond four per year required as Regular maintenance) Cost + 12 % Note: There are no additional costs or reimbursement for travel, mileage, meals, or lodging. 5. CONTRACTOR'S ACCEPTANCE OF CONDmONS A. The Contractor hereby agrees that he has carefully examined the site and has made investigations to fully satisfy himself that such site is correct and a suitable one for this work and he assumes full responsibility therefore. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance by the Owner of any of the services furnished by the Contractor shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and specifications covering the services. Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who shall in any event be jointly and severally liable to the Owner for all damage, loss, and expense caused to the Owner by reason ofthe Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. 6. TERM OF CONTRACT/RENEW AL A. This contract shall be for a period of one (1) year, commencing September 1. 2005, and terminating August 31. 2006. B. The Owner shall have the option to renew this agreement after the first year for two additional one year periods. The Contract amount agreed to herein might be adjusted annually in accordance with the percentage 2 change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve (12) months available. 7. HOW HARMLESS The 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 the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 8. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the contractor or any of hislher employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 9. ASSURANCE AGAINST DISCRIMINA nON The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 10. ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall 3 be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the board in addition to the total agreed- upon price ofthe services/goods of the contractor. 11. COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. 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 contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 12. INSURANCE Prior to execution of this agreement, and maintained throughout the life of the contract, the contractor shall furnish to the Owner Certificates of Insurance indicating the minimum coverage limitation as listed below: A. General Liability - include as a minimum: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person; $300,000 per Occurrence; and $50,000 Property Damage. An Occurrence Form policy is preferred. If coverage is provided on a Claims Made Policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve months following the acceptance of work by the County. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. B. Vehicle Liability - include as a minimum: . Owned, Non-Owned, and Hired Vehicles 4 The minimum limits acceptable shall be $100,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $50,000 per Person; $100,000 per Occurrence; and $25,000 Property Damage. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. C. Workers Compensation -limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the contractor may be required to submit updated financial statements from the fund upon request from the County. D. Pollution Liability - The minimum limits of liability shall be: $1,000,000 per Occurrenctl$2,000,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period of four (4) year will be required. 13. FUNDING AVAILABILITY In the event that funds from Facilities Maintenance Contractual Services are partially reduced or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the Board of County Commissioners by written notice of termination delivered in person or by mail to 5 the contractor. The Board shall not be obligated to pay for any services provided by the contractor after the contractor has received written notice of termination. 14. PROFESSIONAL RESPONSmlLITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in these contract documents The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Owner is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 15. 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 3583 S. Roosevelt Blvd. Key West, FL 33040 FOR CONTRACTOR Synagro Southeast, Inc. 5198 Overseas Highway Marathon, FL 33050 16. CANCELLATION A) In the event that the contractor shall be found to be negligent in any aspect of operation maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. B) 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. 17. GOVERNING LAWS 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 contracts made and to be performed entirely in the State. In the event that any claim, cause of action, administrative proceeding, or suit is instituted for the enforcement or interpretation of the agreement, the County and contractor agree that venue shall lie exclusively in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 6 The County and Contractor agree that, in the event of conflicting interpretation 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. 18. RECORDKEEPING 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. 19. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 20. ATTORNEY'S FEES AND COSTS The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. 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. BINDING EFFECT 7 The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 22. 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. 23. 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. 24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. 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 the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This paragraph does not supersede the provisions of paragraph 16 concerning cancellation. 25. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 26. 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 jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to 8 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 vm 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 NoteO, 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 the parties to, or the subject matter of, this Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 27. COVENANT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 28. CODE OF ETHICS 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 Statues, 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. 29. NO SOLICITATIONIPAYMENT The 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 9 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 tenninate 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. 30. PUBLIC ACCESS The County and Contractor shall allow and pennit 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 Statues, 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. 31. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the County and the 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 contract entered into by the County be required to contain any provision for waiver. 32. 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 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. 33. LEGAL OBLIGATIONS AND RESPONSmILmES 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 and 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. 10 34. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of the 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. 35. 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. 36. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 37. EXECUTION ON 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 any of the parties hereto may execute this Agreement by signing any such counterpart. 38. 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. 39. CONTINGENCY STATEMENT Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe county Board of County Commissioners. 40. SPECIFICATIONS 11 1. 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 and shall: A. Comply with all conditions specified within the current Permit for this facility. B. Comply with all DEP rules, Florida Statutes, and county and local regulations pertaining to the operation and maintenance of wastewater facilities, systems of treatment and control, and related appurtenances. C. 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. D. 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. E. 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. F. Inspect and maintain the facility's equipment, practices, and operation regulated or required by the Permit conditions. G. Perform all other routine operation and maintenance tasks for the facility as part ofthe 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; 12 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 eftluent residuals regularly. Chlorine costs shall be included in the monthly operation and maintenance fee. d. Replace motorlblower 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 ofS500.OO and below; g. Perform minor repairs of pump station equipment and controls at the contractors cost ofS500.00 and below; h. Maintain proper adjustment of all apparatus controls; 1. Maintain all painted surfaces; J. Record the daily flow in gallons per day; k. Record the Ph of eftluent; 1. Daily maintain air to all required components of the treatment plant. The contractor shall individually check and clean all air diffusers and skimmers as required, then adjust aeration as required to maintain plant balance; m. Check sludge return; n. Transfer sludge as required to various plant components and concentrate into the digester as necessary to maintain plant operating efficiency; o. Mechanically check standby equipment weekly; p. Clean and hose down plant regularly to maintain good housekeeping of the facility, and remove all unsightly debris and materials from facility area on a regular basis; 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 15% handling charge. The Contractor shall be solely responsible for all sludge removal services and any required testing. The Contractor shall submit to the Facilities Maintenance department a copy of the landfill inbound charge ticket(s) after every sludge removal service; and r. Provide for emergency standby pumping services for the facility (inclusive of all necessary equipment, materials, and labor) in the event that an unusual occurrence makes it necessary to immediately pump out a plant to prevent untreated wastewater from improperly escaping into the environment. The Contractor shall perform this function to the best of the Contractor's ability considering the circumstances surrounding the unusual occurrence, and such occurrences shall qualify this as an emergency service. 13 s. Monitoring of influent concentrations of total nitrogen and total phosphorus and report results to the Department at a minimum quarterly frequency in accordance with Rule 62-601.300(6) of the Florida Administrative Code. H. 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. 1. 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. J. Maintain a copy of the current Operating Permit on site. K. Maintain monitoring and record keeping as required by the Permit conditions, DEP rules, county and local regulations. 2. 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 repairs within 48 hours of approval by County. 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. 3. 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 the onsite log, which shall include; the date and time the problem 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. 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 14 the contract, the actual costs of any parts used to rectify the problem, plus the applicable percentage as stipulated in the contract. 4. 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 upon prior authorization by County to do the work. 5. EXCEPTIONS All of the above described tasks or requirements shall be considered routine duties of the contractor except: A. Repairs which are over the $500.00 limit shall be based on the fee schedule rates for labor for "Emergency Service Calls (Monday - Friday after normal working hours)" outlined in the contract. B. The Contractor shall not be held responsible for the inability to perform due to factors beyond the Contractor's control. 6. CANCELLATION In the event that the Contractor shall be found to be negligent in any aspect of plant operation, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. 7. INVOICING AND PAYMENT The Contractor shall invoice the County in arrears, monthly, for operating and maintenance services at the fee schedule rate indicated in the contract. The Contractor shall separately invoice the County for any repairs or emergency services which are provided after normal working hours, weekends or holidays at the fee schedule rates stated in the contract. The Contractor shall also submit, together with the monthly and emergency service invoices, detailed invoices for parts which are needed for proper operation, maintenance and repairs. Said detailed parts invoices shall outline the actual cost of the parts plus the handling fee as stated in the contract, listing the parts by description and the quantity of parts used. Invoices substantiating the actual cost of parts shall be submitted for supporting documentation, invoices not accompanied by said documentation shall be returned for compliance to these terms and conditions. The Contractor shall submit all invoices to the Facilities Maintenance Director at the address provided in the contract. Upon review and approval of the services provided, and confirmation by service log, the Facilities Maintenance Director shall process the invoices for payment. 8. LIQUIDATED DAMAGES 15 In the event that the Contractor does not respond to an emergency service call within the time periods specified, the County shall assess a $50.00 per hour charge to the contractor for each hour, or portion thereof, to be prorated at the beginning of each IS-minute interval beyond the allowable time period, during which the Contractor has not appropriately responded. The total amount of this assessment shall be charged against the total invoice for the emergency service call. 9. SUBCONTRACTORS The Contractor shall be responsible for all work performed under the terms of this agreement. The Contractor may subcontract as necessary to perform the services, however, any subcontract shall require the review and written approval of the County prior to the execution of the subcontract. It is understood that the County shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract. The cost of materials, chemicals, and repairs by subcontractors shall be billed at a cost reimbursement basis plus the handling fee stated in the contract. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and j~.!tfif.~t written above in four (4) counterparts, each of which shall, without proof or ,~"Jfla~~t4he other counterparts, be deemed an original contract. .~~/' {<:'Jj;~ r~"<~':'):\. ~~~:~OLHAGE, CLERK By: ihcJ1)c. &.v)&~ Deputy Clerk ' Date: 0 f'''' .:l3~a.s BOARD OF COUNlY COMMISSIONERS OF MONROE COUNlY, FLOIDA By: ,.{;;Ja >n ~ , Mayor/Chairman (SEAL) Att~ By: . < ~ ~ ss ::.e. - -r-a~ WlTNES Title: LA 6 1Y16. 01 '\j' ~ r CONTRACTOR sy~a~o~~ _ ~ .:..~ ~. ~ Title: 5.:1 C/,t?c.Y10-ro?'-' .~~- MONROE COUNTY ATTORNEY APPRO 0 AS FO,RM: , 16 Sealed Bid for Operation & Maintenance Sewage Treatment Plant - Marathon Government Center BID-PFM-167-19BIPUR Proposal to Monroe County Monroe County, Florida June 16, 2005 .~IlJvniltM hv ~\!C'"<vr.1'n ~^,.H.~.,...,.f In,. ~~/t ~T AlGRQ ~~ tJJ.l~ A Residuals Aia1klgeNJe1u Company June 9, 2005 Monroe County Board of County Commissioners clo Purchasing Department Purchasing Office 1100 Simonton Street, Room 2-213 Key West, FL 33040 RE: Sealed Bid for OPERATION 8: MAINTENANCE SEWAGE TREATMENT PLANT - MARATHON GOVERNMENT CENTER Dear Sir or Madam: Synagro Southeast, Inc. is pleased to respond to the County's Invitation to Bid for Operation and Maintenance of the Marathon Government Center Sewage Treatment Plant. We have returned for your review our completed Bid Package with attachments. Should you have any questions or require further information regarding our submittal, please feel free to contact me at 305-289-2204. Thank you for the opportunity to submit our proposal for this project. We look forward to hearing from you. Sincerely, ~~ Dave Evans Senior Operations Manager cc: Regional Vice President Synagro Southeast. Inc. 5198 Overseas Highway. Marathon. FL 33050. Phone: (305) 289-2204. Fax: (305) 289-2297 Proposal to Monroe County Sealed Bid for Operation & Maintenance Sewage Treatment Plant - Marathon Government Center BID-PFM-167-198/PUR TABLE OF CONTENTS Section 1.0 Required Bid Fonns , Bid Fonn . Non-Collusion Affidavit 'II Lobbying and Conflict of Interest Clause * Drug-Free Workplace Fonn Section 2.0 Certificate of Insurance , Insurance Agents Statement Section 3.0 Requited Ucenses I Monroe County Occupation Ucense 'II Contractor's License Section 4.0 Qualifications and Experience Section 5.0 Inspection Checklist and Schedules Submitted by Synagro Southeast, Inc. . . . . . . . . . . . . . . . . I I . Proposal to Monroe County Submitted by Synagro Southeast, Inc. Section 1.0 Reauired Bid Fonns fr I , I I I L ~ l ~ ~ BID FORM .' f{ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING DEPAJn'MENT . GATO BllIlDlNG ROOM %-213 UIO SIMONTON STREET KEY WESTt FLORIDA 33848 BID FROM: Svnaaro Southeast Inc J:> 198 Over:$eaa Higt:l\'\:ay Msrsthon, rtorida 33656 BID TO: The unc1etsigned, having carefully ~ned the work, specificanODS. ~ and addenda tIlerm and other ContJaCt J)ocumeDts for the services of OPI'.RA11ON a MAJN1'ENANCE SEWAGE TJtEATMENTPLANT MARATHON GOVERNMENT CENTER 2798.0VDSEASBlGBWAY MARATHON, ftA)lUDA And having become familiar with all local ~om including labor affecting tJ1c cost ~ aud having familiari2led himself with JJJBCerial ~, Fedeml, Stab:, and Local laws, oromMt~ rules and regu1ati0llS ~h'8 performance of the work, does btftby propose to famish labor, mecb8oics. tools, matrriaJ". cquipn'-tt, b~tation servicest aod all ~ ~ to pe1foon and complete said work in a wo~lib plsrnneI", in conformmce with said spccifications, and other contmct dOC1Jmfl!ftbt inchdiog aMenda issued 1ha'eto. . MODthly OperaD.on aod )IA;'~tellAfIOe Services . (as outlined in tbe contract specifications) . Repairs (routine, prior approval required). Nonnal working Hours of 8:00 a.m. to 5:00 pm. MondaY through Friday, excluding bo~ beyOJKl,1he $500.00 limit . . Eme:rgeIlCY service call. Overtime rate fur homs other other tbaa normal houIs as st*d above, including "oeekends and holidays. . HaDd1i11g fee for parts required fur opaation, mai~ Repaks. and ~geDCY services. . Sludge removal (beyond tour per year required as Regu1ar~) N_: ~ IDYl "" 1IJl4itlD1UIl costs lOT tnJ't7el, ~ 1IIeIIIs,.0T lo4gi#g. . The QmtractOr's request for payment must itemi2J: each of the costs stated above. $ 927.00 per IIlOIIIh $ 55.00 petbow' S 82.50 per hour Cost + 20 % Cost + 15 % 24 I I ~ i 1 I i II, I I I ~. 1 I . I I ~ I t I t I I I t , I acknowledge receipt of Addea:Ja. No. (s) None I have included proposed periodic insper.hon ~Jr1ists and inspection seheciuIes X I have included ~ 24 1brough 29 of the Bid Proposal which c:ntaiIs the. PrOposal Form~ the Non- Collusion A11idavit ~ the Lobbying and Couf1ict of Interest Clause ~ the Drug Free Workplace Form ~ and the Insurance Agm1S S~ In addition, I have included copy of Contmctor's lice:DSC~ Mooroe Couaty & Ci(y of Marathon oocopatiOll Lic:eDses ~ and all requirements as stated in the Insttucticms to Bidders, Article 1.03, PatG!S&apm A 1hrough E. (ChedtlllUk __ Dove... al'eBliDdertlaat tIIev are hIeluded.) Signed: Svnaaro Southeast. Inc 5198 Overseas Highway Marathon ~~.~A~Witness: , < Alvin L Thomas II (Name) VICe President & Secretarv (Tide) Telephooe: 305-~89-2204 MaiHDg Address: Fax: 305-289-??97 2S NON-COU,USlON AFFIDAVIT .}~ .~ .~ ;. ~ ., ~ { .~ 'lI ~~ ~ I., Alvin L. Thomas II. of1bec:ityof Houston, Texas cedi. aad 1IJlder' peDIIty ofperJory. depose and say tbat 1. I am Vice president & Secretary of tho firm of Synagro Southeast, Inc. the bidder making tile Proposal furtbe project described in the NGdce for Calling for bids for: Operation and Maintenance Sewage Treatment Plant - Marathon C,ovemment Center acccmfiDg to law OIl my " $ 8Dd 1baI I _lJIed the said proposa1 witb tWJ aaIbority t do so: 2. theprices in 1his bid hoe been aniwd It ~ without colJusioD. CllldS1I1t8Iioa ~uication or ~ for the purpose of IGdb icl:iIIg competition. as to any matter relating to sudt prices with any other bidder f1( With any ~ .,. titJor; 3. ooIe&s~ requiRd by Jaw, die prices wbic:h baYCl been cp*d in this bid haft DOt been btowiog1y disclosed by the bidder _ will DOt 1..,.viDgly be dJsc)osed by the bidder prior to bid opemng. dhcdy or iD.clirect1y. to 8DY other bidder or to ..., -~.- 4. aoattemPt II8s been DIIlI8 or will be made b the bidder to iDduoo ~ odw pcaoa. paI~ or ~poratioo 10 submit, <<DOt 10 Sl.imdr, a bid t:r 1118 purpose of'nstridiDg ~ S. the ~..n corrtMnPJd in this aftidavit are true and conect, 8Dd made wi1h fu1I JmowIedge tbIIt MOnroe County Idies upon the troth of 1he stataneIJ,ts ooutamed in ibis 8ffidavit in awarding ~b~~~ .. ~~ cz;-~... ~eofB__) / . 611312005 (Dlde) ~~ STATE OF: COUNTY OF: TEXAS HARRIS PERSONALLY APPEARED BEFORE ME. the ~5iped authoritY. Alvin L. Thomas II 13wbD. allcrday offirst_ beia& sworn by me. (1I8IOC ofiDdividuaJ sipin&) aftIxed biaIher sipIbIrC in the ~ provided above OIl this sm June 20.-05-. My Cwumission Expires: Julv 20. 2006 e ~, :. . = . ... K8.LJ GAGE MY COMMl~ EXPIRES Jcdy 31, 3lO6 26 ~ I SWORN STATEMENl' UNDER ORDINANCE NO. 10-1990 MONROE COUNTY_ FLORIDA ETH1CS CLAUSE Alvin L. Thomas II warmnts that herlt has not employed. reIaiDed or otherwise had act C?Jl bisf'tts behalf any fOrmer County officer or employee in violation of Section 2 ofOrdi- No. 10-1990 or any County officer or employee in violation of ,t Section 3 of 0rCIinancc No. J 0-1990. For breach ar violation of this provision the County may, in its disci.., kawinate this cOOtI3Ct without liabUity and may also, ill its disaetion, deduct fiom the COIdnlCt or pardIase pice, or ocherwise~, the full amount of any fee, commission, peleeaCage, gift, or considendion peid to the former County officer or employee. bl~ :/cU~ (si~) Dam: June 13, 2005 STATE OF TEXAS COUNTY OF HARRIS PERSONAlLY APPEARED BEFORE ME, the undersigned authority, Alvin L. Thomas II who, after first being sworn by me, afIixed hisJher signature (name of individual sigDing) in tbe sp:e provided above on d1is , June . 20 05. e . . . . : . "KB.U GAGE tt( COMMISSIOH EXPIRES ~m.3IOS NorARY PUBUC My commission expires: July 20, 2006 OMB - MCP FORM #4 27 I I I ! I I I I I J J l ~ l l I ~ l I I . DRUG-FREE WORKPLACE FORM ne uadersigDed vencJor in .--dlmoe with Florida Statute 287.087 hereby certifies 1bat: Synagro Southeast, Inc. (Name ofBusiDess) !~ ~ , ~::- ~ ~ I. Publish a ~ DOtif.JiDg employees lhat the uoJawfid .....~v. disb~oot ~I,& pn Sf n~ or 1IIfl of a COIdlOIIed ~ is ~ in the workplace and specitYiDs the 8dioos tbst Will be fakeD agaiDst employees fbr vioIadons of such pddbitioa. 2. IDfiJnh ~ about the daa(pn of drug abasr: in the woripIace. tho busiDess's policy of..L....:a:.C a c:lrug-he VtUkpIece, 811)' available ..~ nlbIIrilitatioo 8Dd ompJoyee _W..-ce JftsI~ 8Dd tbe peaa1ties that may be impoIecl upon emplo)tees fur dnIg"" vIol8doDs. 3. Give eacIt ~ ~ in providiDg the COOlmOC6ties or ~dladDa1lSYices dud: II'C UDder bid a copy of 1be ..ta~ specified in ~ (1). 4. In the..~ spec;ified iD ~ (1), DOtifythe employees that, 8S a coodition ofWOlking on tbeH~_..n>9diies or COdb8db8J services that 8N tIDlIel' bid, dlei employee will abide by the terms ofdle MaIielneal ad will ~ 1M employer cL my convictioIl < or pIoa.of gua1ly or noJo .,,~ to. aI\Y ri:UIioa ofa.pa 193 (Florida SCaIuIes) 01' of my COIIb08ed ~ law of the Uuited SbICI:7$ or 1111 stale, .. a ofto11tiao ~~ in the """lPI8CO DO ... thIo five (5)'" da' sadI oAR..,iWoo. S. 1DlpoIe. 8ICIioa 011, or RlqUiro tho ..ai..-r_:to.::f pIl'tK ~~ in a drag .. assJsIMce or NbebiJiIIdiaIl JX'OII'Sl if such is avaII8bIe In tbeemployee's eoanPnnity, or my employee who is so COI1~ 6. Make a goodfililb efbUo conIinoe to ,..:..lRill a drug-fi'ce..tp1ace through iq)Jem.,..IlIId~ of this seaioIL . As. the person 8Ithori2ed to sign the saatement, t certify that this firm complies fun, with the above requilemeDts. ~~~ ~ Bidda"s8ipalure V . Thomas II, Vice ::President & Secretary June 13, 2005 DB OMB - MCPIS 28 I I I I I I I I I I I I I I I I I I I I r INSURANCE AGENTS STATEMENT I have reviewed the requirements with the bidder named below. The following deductibles apply to the correspoDding policy. POLICY DEDUCl1BLFS we WA769D43772l025 $350,000 Deductible $250,000 Deductible ~L & Pollution EG7546806 tuto AS26943772l0l5 Contractors Pollution COPS1956674 Liability Liability policies are Occ1meDce $250,000 Deductible $100,000 Deductible Lockton c~ies of Houston Insurance Agency Sigaature ce except pollution I e. ! BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contraCt and will comply in full with an the ~~cms. per policies terms, conditions and exclusions. 4~~~. BfdderSigDatare 29 I I I , Proposal to Monroe County I I I ~ l i J i I t I , Submitted by Synagro Southeast, Inc. Section 3.0 Reauired Ucenses II I~.. ~. - I I I I I I I I I I I I I I I . Proposal to Monroe County Submitted by Synagro Southeast, Inc. Contractors License .. ~_. ._--.......__._.._.._---------..-..~.............--..--::-.<~- "4: ______.______---- -"--. _ L1C)l1iROE .OCCUPAlIJNAL TAX STATE OFfl.ORElo\ . MUST BE OCSPlAYED IN coNSPICUOUS PLACE 6-10 ~ '--' +- "----- r :-'---'" ~ L~ I J I J I I .- ... I ACplLM- <;.47161-otri9S72~ EXPIRES '.. 4:~P r. ~!:'_. 2~~5 . SUPl"l.BIalTAL AENEWAL . ........COI: tEWTAX :........#~~J; . ... =.... ~.;;:;:::;",~p . 0FiIGINAl..,.'-'X. Y.",..,.~, ;4- 00 j . '. -=~:':' ..... . I --....-. I do< . !'!t'"'o-' I - AMOUNT ~ ~ -= ' aeao.a,;ty ____........... I r...- -.-~~~ -= i OOLLECTlON-oCl.$r . . .._ .'_ . mAL _ . .' .:: - ~4'.(){J ;: '" . . j "":.. . t I . I ~ '. :"THIS I$.OHl' A'Y.M. Y6u MusT.. MliI:1 AI. eQom:1\MQ1OfC' ItUMJCiPiu,y p.r..AA.8JrflS').'ND' tONING REQUlRalSNTS. . : ., -"'-_: ..~ I. , .:' ~ I I I t l I I ~ I I I l I I I I t I I Proposal to Monroe County Monroe Countv OccuDation Ucense Synagro Southeast, Inc. Submitted by Synagro Southeast, Inc. I FR!l1 :~! FAX NO. : 3052892297 Apr. 01 2005 04: llPM P2 fl.olUDA DEPAR'11lIlt'HI' 01' Jol,n O. ,~~,,'ul\(tbi, M.D.. VI.B.A. ."_ .___-.- .. ~Ci"4ztllry HEALT Jcb BU!lh Governor il\l I .' , .." t I Registered Septic Tank Contractor .->::.r- ~. DAVID L EVANS SYNAGRO OF FLORIDA. A & J, INC. I .r~ i t', , ~" Business Authorlzallon: SA0970860 I . .-~, . . r .~... ~ li-i~ ...:4). , .8048 PORPOISE DRIVE MARATHON FL. 33050- SR0971288 ExpilllLicn Oate: September 30. 2005 I I ~ I I I I I . ~._.'. _..', -~-- ~~ ~~~ lliv1,ion or l!:.nvirunmentlll Healdl, Bnl'r.;ili\ of Onsile St'w..g~ Prugrams 4052 Jbld C.'ypre9!1 Way, Bin #AOS, Talll1h:l~~':c, Fhn-i(t!1 :\2399-1113 I FROM :~! FAX NO. : 3052892297 Apr. 01 200S 04: 12A'1 P3 . ~~"'I" ~,.~~ -?~:.-,. '-;!.." ';~ .......;.' ,...~ ~ ~"':I'---""'. :;'" '\" ". ~ .'\ 41' _ ~ . .;:-- . ;.iOR:Dtl \-j .0:...... f jfl 'b ~~~ ~tt 0 on a i8ePIUtllltllt of telllJironllttlttnl 'rotution OPF.R^TO.R GP.RT1PI(:^"ION PR()(iRAM . 2600 BlAIR 1>"TONE ROAD M.S. 3506 TAJ.LAKASS'f'E. RORm'^- 32399.2400 (HSO) 24S-07SO(I .1" DAVID L EVANS 8048 PORPOISE DR. MARATHON, FL 330500000 .' .~ ... .. ." ~tatt of ;floriba ;Btpat1m tnt of 4el\blrOlttnmtal t)ntmioll r.IC;1.:>I;:'1:: :'0.: Q"II~..':':: n,l Tt 15J\"l!'.(): ;"'.;81 c:..,.~'S.: W.'~::'.\' .~;:.-~ ~~\-::~=T ?~.,,~-:- ::{'~":'~il. :>,\Vm I. !t"iA.,'IS :s l.;'::-i'($::=i :.~...t)F.;;' ;"C',1S:"r.:; Of' !-i,&7TfA ~:. 'n,.OIl.\C;; !"i'.l.:'~--;:~ \" ,'.lTll.~"ft . .:.Wll:S ~ ISSUED: ~tatt of ~lottba 1Department of (fnbtrollmtntal t)tottdtoll , 3/1/01 LICENSE NO.: 0005675 THE CLASS C W ABTEW ATHR TREATMENT PLANT OPERATORNAM.ED BELOW lS UCENSED UNDER THE PROVISIONS O}" CHAPTFJt 403, FLORU)A STATIITES. V Al .In UNTIL: 4/30/05 .. DAVIn L EVANS JEB BUSH DAVID B. STRUH:S _."..... "" '1'" ncn.IICi:n RV I A\AI Proposal to Monroe County Section 4.0 Qualifications and ExlJerience Introduction Synagro is North America's leading company focused exclusively on management of organic wastes. Synagro has gained its experience through operations at over 1,000 wastewater treatment plants located in thirty-eight states across the U.S. Synagro is a diversified service provider with expertise in anaerobic and aerobic processes and residuals management. Synagro creates a partnership with our clients to develop the most cost-effective, environmentally sound solutions to manure management and wastewater treatment requirements. Synagro provides the flexibility and comprehensive services generators need, with guaranteed costs, 100% regulatory compliance, and excellence in operational perfonnance. We are dedicated to working in concert with our clients to find new and improved solutions for organic waste management challenges. Synagro Technologies, Inc. was originally incorporated on May 9,1986. Synagro is the largest company in North America focusing on organic waste management. We manage over 11 million tons of organic residuals annually. Our operations and maintenance division specializes in operating wastewater treatment plants at over 300 locations in the southeastem United States. Synagro currently operates four heat-drying facilities; four composting facilities; one manure digestion facility; approximately 30 permanent and mobile dewatering facilities; and provides the largest wastewater operations resource in the Florida Keys. Capabilities Synagro offers the experience, staff, financial resources and technological expertise to successfully manage a wide variety of animal manure and wastewater management programs. Our capabilities include: o Anaerobic Digestion ~ Composting "' Dewatering (Mobile & Permanent) . Digester Cleaning o Lagoon Cleaning . Land Application Submitted by Synagro Southeast, Inc. Proposal to Monroe County o Product Marketing 'l.1 WWTP Operations & Maintenance Every Synagro program is designed and operated for full compliance with all applicable government and regulatory requirements. Our "Residuals Management System" (RMS) is an innovative environmental tracking, monitoring, and reporting data system. The RMS was developed and written by our own computer programmers specifically for the purpose of ensuring all of our manure and wastewater management programs continually meet or exceed the highest standards of environmental excellence. The Synagro team takes pride in its commitment to provide innovative, reliable and cost effective solutions tailored to our clients' waste management requirements through the development of successful programs that remain responsive to local community needs and concems. Synagro's comprehensive services include the planning, implementation, operation and maintenance of environmentally safe and beneficial residuals management programs. Our services are available on an emergency, contractual, tumkey or privatization basis. Additional services include obtaining regulatory permits, providing specialized equipment, lending assistance for local govemment relations and community acceptance and product marketing. Our professionally trained staff works closely with clients to provide hands-on management meeting the special requirements of each project. WWTP Operations & Maintenance Services Synagro's wastewater treatment plant operations and maintenance division was formed to provide contract operations to customers that desire to out-source these services. Synagro offers a range of options from design, build, own and operate to contract operations. Our approach is to analyze and evaluate each situation and tailor the solution that best fits the circumstances. Our operations and maintenance personnel are experienced in many different types of treatment processes. Synagro staff members have operated wastewater treatment plants ranging in size from 127 MGD down to the smallest of individual home units. They have managed processes including activated sludge, rotating biological contactors, membrane separation, biological nutrient removal and chemical precipitation. Our certified laboratories provide analytical data needed to operate wastewater treatment plants and for regulatory compliance monitoring. Synagro's maintenance staff is proficient in maintenance and repair of all facets of wastewater treatment systems, including automated instrumentation and controls. Submitted by SynaglO Southeast, Inc. Proposal to Monroe County Bidder's References Monroe County Board of County Commissioners Dave Kopel Joe Walters 500 Whitehead Street Key West, FL 33040 305-292-4426 Storm sewer and well cleaning Hawks Cay Resort John White 61 Hawks Cay Blvd Duck Key FI, 33050 305-743-7000 Pump station and sewer main cleaning. Wet wells. Key Haven Utilities Wayne Lujan Andy Lujan 98 Driftwood Drive Key West, FL 33040 305-296-5052 305-293-7222 Pump stations, wet wells, and sewer main City of Key Colony Beach Eleanor Morton PO Box 510141 Key Colony Beach, FL 33051-0141 305-289-1212 Wet well and sewer cleaning. Dewatered sludge hauling and land application. Submitted by Synagro Southeast, Inc. Proposal to Monroe County Section 5.0 InslJection Checklist and Schedules Schedule A class 0 or higher operator will visit the facility 5 days per week for 1 ~ hr per week. Checklist At a minimum the Ph Chlorine and Row will be checked on each visit and recorded in the plant logbook. In addition a visual check will be preformed on all equipment each visit Submitted by Synagro Southeast, Inc. , , .I EXHIBIT A . \ I .j Department of Environmental Protection Jeb Bush Gowmor South District P.O. Box 2549 Fort Myers. Florida 33902-2549 . STATE OF FLORIDA DOMESTIC W ASTEW A TER FACILITY PERMIT David B. Struhs Secrecary PERMITI'EE: PERMIT NUMBER: PA F1LE NUMBER: ISSUANCE DATE: EXPIRATION DATE: FLA0I4703 FI..AOI470~-DW3P October 20. 2003 October 19.2008 Momoe County Board of County Commissioners . RESPONSIBLE AUTHORITY: Mr. 101m King Director of Facilities Maintenance 3583 S. Roosevelt Blvd Key West, FL 33040 (305) 743-9191 FACWTY: Monroe RegionaI Service Center 2796 Ovaseas Highway Marathon, FL 33OS0 Monroe County Latitude: 24042' 43" N Longitude: 810 OS' 52"W This pennit is issued undec the provisions of CIaptec 403. Florida Statutes; and applicable JUles of the FIorida Administrati"" Code. The above named ~mittee is beceby authorized to operate the facilities shown on the application IDd odXf' documeots attacbcd hemo or on file with the Department and made a part hereof and specifically described as follows: mEA TMENT FACILITIES: Operate an existing 0.010 mgd three motttb average daily flow (I'MADF) extended aemtion domestic wastewata' tIeatment plant consisting of two 5,000 gallon aeration tanks, a 2.850 gallon final settIing tank, a 650 gallon cbIorine contact chamber, a 3.soo gallon effluent polishing tank, a 1,500 gallon cftluent pump chamber and a 1,500 gallon sludge digester with; DISPOSAL: Underground Injection: This is an existing 0.010 MOD three month average daily flow (TMADF) permitted capacity underground injection well system.U-OO I consisting of 2 Class V undaground injection wdIs pmnitted u.nder Department permit nmnbers 64103- 001-UO, 64103-002-UO discharging to Class G-ill ground water. Permits 64103-00I-UO. 64103-002-UO are part of this permit: FLA014163. Undaground injection weD system U-OOI is located approximately at latitude 24 0 42' 43" N.loogitude 81005' 52" W. IN ACCORDANCE WITH: The limitations. monitoring requirements and other conditions set forth in Pages 1 through 18 of this permit Page I of 18 "More Protection. Less Process" Printed on reqKIed paper. ~ ~ Q ~ . ~~ 00 ~~ ~~ ~~ ~~ ~~ b b - - c:: c:: u 4) uu 8 8 ;.-.0 .- .- ca '0 ~ ~ ~ 0 UU.c:~ rI) rI) 1>0 ~ -;;-;;:E~ SS "i: 'co'- :1 fi! u ~ ~ ~~os::: u u > 0 000-5 1313\0" 000\:; ::S~~~ cij ~~ a~ ~re I ' i I = ~ o ~ o 2l ~ < !2 o ~ ~ 2l ::3 I ~ < ~ ~ &l a j u ~ c: .... I III :; '0 b s:: c U j u cP 'E' - -= s:: ::I e ~ cP -= .: ;:> < o u :::-5 fi>. ;1.0 15i uB ClO .- Iii g "fiE .~~ "O~ g"'3 ~ :D 0- -g.8 ..= ~.! 1! ... _& '~j c..- u"O -5"fi 4::1 .~~ 8.=2 .!S 0 ..sit ..... - o c::: S~ ~s s:=e "::l _ .~ ~ ~~ uib u- ..s:I: a! 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E i< . ~ e .. 11 = ~ ~ ~ ~ ~ 5: .. ~ s {:. g ..c Co a .c a.. FAClLITY: PERMITTEE: Monroe Regional Servi"'--<\imter Momoe Regional Servi\. lenter 2796 Overseas Highway Marathon, Florida 33050 PERMlT-"VMBER: PA F1l..l:. hMBER: Fl.A014703 FLA014703-<X>2-DW3P Effluent samples shall be taIcen at the monitoring site locations listed in Pennit Condition I. A I. and as described below: Monitoring Location Description of Monitoring Location S"Jte Number EFF-1 Aftec chlorine contact cbambec. H.W-I time metecs on effluent DUDlDS are used to measure flow. 3. The three month average daily flow to Undergrotmd Injection Well Facility U-001 shall not exceed 0.01 MOD. 4. Meterssball be utilized to measure flow and calibrated at least annually. (62-601.200( 17) and .500(6)J 5. The arithmetic mean of the monthly fecal colifonn values collected during an annual ptriod shaD DOt ercecd 200 pel' 100 mL of effluent sample. The geometric mean of the fecal coliform values for a minimum of 10 samples of eft1uent each coI1ccted on a separate day during a period of 30 consecutive days (monthly). shaD not exceed 200 pel' 100 mL of sample. No more than 10 pen:eot of1he samples collected (the 90th percentiJe value) during a period of 30 c:oosec:utive days shall exceed 400 fecal coliform values per 100 mL of sample. Any one sample shaD not exceed 800 feail coliform values per 100 mL of sample. Note: To report 1he 90th pacentiIe valuc.list the fecaI coliform values obtained during the month in ascending order. Report the vaIue of the sample that coc~ to the 90dJ peccentiIe (umltiply the IIIDIIba' of samples by 0.9). For example. for 30 samples, report the corresponding fecal coliform number for the 27th value of A~ing order. (62-600.44O(4X c)] 6. A mini"""",, of 05 mgIL 10taI residual cb10rine must be mltinlJlined fur a min;.....m contact time of 15 IIIinutes based on peak bomly flow. (62-600.44O(4Xb)] 7. Forvour inmrmmon; 01apter99-395. Laws Of Florida, requiIa that by July 1,2010, the faciIityeitbecc;:easeaU discbarge to 1he injection weUs or meet eftIueot limits, on an annual basis, as folloWs: a. Carbonaceous bioc-'nnical oxygen dr.numiI (eDOD,) of 10.0 mgIL; b. Total suspetIded solids (1'SS) of 10.0 mgIL; c. Total nitrogeo (as N) of 10.0 mgIL; d. Total phosphorus (as P) of 1.0 mgIL. {Cluzpter 99-395, lAws o/Florida, Section 6, Subsection (4) and (6)] 8. Grab samples shall be collected during periods of minimal treatinent plant pollutant removal efficiencies. or maximum hydraulic and/or organic loading. {Ruk 62-600.740(1 X a)2 Page 3 of 18 D.. ('f') ~ 8 aa ~~ ~~ ~~ ~m ~~ ~~ !ij 8~ 8 8 >,,0 ......- os ~ ~b~M CIJ CIJ co M --c~ ~ ~ j.Li,c o 0 ~ 0 'jiG 'Q i1 a: o 4) ~ _ ~~~g 080-5 P~\Oe 800\as ~);~~ ~ ~E t}~ ::re .:I c: ! 1- ~ 011 ! c I 1 :f 1: S 1 ~ .., c: C III c: C ;3 s i ::s s- ell .J: o ~ ".D J ] ~ .., o g ~ CI) .~ o -5_ 5.0 ~~ .- q:: 15 'Q .8 -0 o '5 c. o -5 CIII ~ .!; o ~ = I 'S ~ -0 C as ] ~ o .J:J :;; ~ ~ '0 .e .- .c I .0 -5 r- .., C"'\ 3 .. ~ 8~ .. ~ 02~ .;. 02 oS 1m tJ _ ~ 0(;1"- -= ~ ij 1 u ~ ~ t ~ I rt:l i! ~ ~ -B 11 8 8 o ::E :2 = jl . . It . . I ..u i i ~, :!< c: c: If . . << -- t e e ~ ~ ~ 0 ~ ~ 0 = ::E I :l lZJ !Z~ u 11 Ill: ... p If ::E = J u .- ~ '~ 'i ~ 0 i c. '0 <I) on -s ~ a .. >- ~ <I.> B ..D e S u . ~ .. .. .B . Cl. . .. a :2 0 ci <I.> 0 III ..." , '~ 8- ... :s 'E) ~ I ,!:l c. ~ o ~ .c :f ~ 00 - '0 v ~ ~ FACILITY: PERMITTEE: Monroe Regional Servi~ter Monroe Regional Servi, .tenter 2796 Overseas Highway Marathon, Florida 33050 PERMTP"-'I{JMBER: P A FII...I:: ...OMBER: FLAOl4703 FLAOI4703-002-DW3P 2. Samples shall be taken at the monitoring site locations listed in Permit Condition LB. 1 and as described below: MoDitoriag Location JNsc.4dion of Monitoring Location Site Number lNF-I At the influent Dine as it enters the DIants aeration basin. 3. Influent samples shall be collected so that they do not contain digester supernatant or return activated sludge. or any other plant process recycled waters. [62-601.5(}(}(4)] 4. Parameters which must be monitored as a result of a surface water discharge shall be analyzed using a su1IicientIy sensitive method in accordance with 40 CPR Part 136. Parameters wbicb must be monitored as a R:SUIt of a ground water discharge (I.e., uudecground injection or land application sysfan) shall be analyzed in acconfance with Clapter 62-601, F.A.C.[62-620.610(18)) 5. The permittee sbalI provide safe access points for ~g representative influent, reclaimed water, and effluent samples which me requm,ct by this pcrmit.(62-601.500(5)] 6. Monitoring requirements under this permit are effedive on the first day of the second month following permit issuance. Until such lime, the permittee shall continue to monitor and report in accordance with previously effective permit requirements, if any. Doring the period of ~on authorized by this permit, the pc:nnittec sbaII comp1efe and submit to the Dcpar1meot's South District Office Discharge MooitoriDg Reports (DMRs)in acccxdaoce with the ~ specified by the REPORT type (i.e., monthly, toxicity, quarterly, semiannuaI,llDDII8l, etc.) indit-.1ed on the DMR farms attacbed to this permit. Monitoring resu1ts for each mooitoring period shall be submitted in aa:oJ:dauce wid1 the associated DMR due da1cs below. . REPORT T Monthly or To . . Quarterly Mooibin Period first day of month -last day of DlOIIth J8IUJ8.Iy 1- March 31 April 1 - June 30 July 1 - Septembc:c 30 Octobec 1 - Dc:ccmbec 31 J8IUJ8.Iy 1 - June 30 Jul 1 - December 31 J 1 - December 31 Due Date day of following month sMmannnal April 28 July 28 0ct0beI- 28 Jan 28 July 28 Ian 28 Jan 28 Annual DMRs shall be submitted for eacb requited monitoring period including months of no discharge. The penuiUee sball make copies of the attached DMR fonn(s) and sbaU submit the completed DMR form(s) to the Department's South District Office at the address specified in Permit Condition I.B. 7 by the twenty-eighth (28th) of the month following the month of operation. (62-620.610(18)J[62-601.300(I), (2), and (3)] Page 5 of 18 .FACH..ITY: PERMITI'EE: Monroe Regional Servi~ter Monroe Regional Servk l.enter 2796 Ovecseas Highway Marathon. Florida 33050 PERMIT" 'i(JMBER: PAFll.1:. ._;bMBER: FLA014703 FLAOI4703-002-DW3P 7. Unless specified otherwise in this permit.. all reports and other information required by this permit. including 24-oom notifications. shall be submitted to or reported to, as appropriate, the Department's South District Office at the address specified below: Florida Department of Environmental Protection Monroe Regional Service Center 2796 Overseas Highway, Suite 221 Marathon, Florida 33050 Phone Number - (305) 289-2310 FAX Number - (305) 289-2314 All FAX copies shall be foUowed by original copies. All repor1S and other information sbalI be signed in accordance with the requiJ:ements of Rule 62-620.305, F.AC. [62-620.305J R. RESIDUALS MANAGEMENT REQUIREMENTS 1. The method of residuals use or disposal by this facility is as follows: This facility partjclpates in the Momoe County area-wide residuals disposal program. The COUDty cootractor is hauling residuals to either Miami-Dade Regional WWIP or the Broward County Regional WWTP via one of three residuals transfer stations. Note: If this facility wishes to IaDd apply ~Ic in the fidure die ~...Jttc,., sb8ll1IIlIke application to the J>etNu1meat for a minor revision to permit cooditioas in acconlancle with F.A.C. 62-Q0.325(2)(c)2.c:., prior to any IaDd appJicatioo. 2. Disposal of the permittee's R:SiduaJs din:ctly to another wastew8ter treatmeot plant otber than wbat is stated in specific condition I & 5 ofthis.sectionsball requiIethe ~...iuee to ~41e Ihefollowing~lf'.fthItioo 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 wastewatec treatment facility (POTW or Privately owned facility) authorizing the pcrmitteeto dispose of the residuals into the collection transmission system of the W.W.TP. b. Permittee shaU maintain agreements with the designated W.W.T:P. for the duration oftbis 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 Departmcot. c. If the permittee changes treatment plants or adds other treatment plants as disposal sites, the permittee shaIJ notify the Department to reflect the change. A minor revision to the pennit needs to acco&D(AllY this change along with the agreement authorizing the same. d. The permittee shall develop a manifest that documents. by date and quantity. the sludge J"eIJlOVCd &om the facility and delivered to the POTW. The manifest sball bear the original signatures of the authorized represel1tatives of the POlW and the hauler who is contracted by the permittee to haullhe residuals to the POTW. Copies of these that 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 POlW. Proper doctunentation shall include a manifest for shipping and receiving with a receipt copy returned the permittee to keep on file for Department review. 3. The permittee will not be held responsible for violations resulting from land application of residuals if the pennittce 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, OT site owner) bas legally agreed in writing to accept responsibility for proper land application of the residuals. Such an agreement shall state that the applier agrees, upon Page 6 of 18 .FACIUTY: PER.MlTtEE: Monroe Regional Servir~ter Monroe Regional Servj, lenter 2196 Overseas Highway Marathon. Florida 33050 PERMI1'~ER: P A FIll. .QMBER: FLA014703 FLA014103-OO2-DW3P deli'Vtt)' of residuals that have been treated as required by Chapfa' 62-640, F .AC., tbat he will accept leSpOnsibiJity for proper land application of the residuals as requited by Chapter 62-640, F.AC., and that the applier agrees that he is aware of and will comply with requirements for proper land application as described in the facility's pennit. [62- 640.300(5),3-30-98) 4. Should the mainland WWTF require sludge analysis of residuals or the bauIing of residuals to the mainland WWTF for treatment discontinue. the permittee shall sample and analyze the residaaIs at least once every 12 mondIs. All samples sball be CCf>Aes..tltalive and shaD be taIccn after final treatment of the teSiduals but before use or disposal Sampling and analysis sbaII be in accordance with the U.S. Environmental Protection Ageucy pub1ication - POTW SJud2e Samntin2 and AnalYSis Guidance Document. 1989. The fonowing parameters sball be sampled and analyzed: Parameter Ceiling Coocc:ntratioDS Cnnpllative Application Limits (Sina:le Sample) Total Nitrogen (Report only) CJ, dry weight Not applicable Total Phosphorus (Report only) CJ, dry weight Not appJicable Total Potassium (Report only) CJ, dry weight Not applicable Arsenic 75 mgIkg dry weight 36.6 pounds/acre Cadmium 85 mgIkg dry weight 34.8 pouuds lacre Copper 4300 mgIkg dry weight 1340 poundsIacre Lead 840 mgIkg dry weight 268 poundsIacre Mercury 51 mgIkg dry weight 15.2 poundsfacre Molybdenum 15 mgIkg dry weight Not applicable Nickel 420 mgIkg dry weight 315 poundsIacre Selenium 100 mgIkg dry weight 89.3 poundsIacre Zinc 1500 mgIkg dry weight 2500 pounds/acre pH (Report only) standard units Not applicable Total Solids (Report only) % Not applicable (62-640.650(1), 62-640.700(1). 62-640.700(3 Xb). and 62-640.850(3), 3-30-98) Page 7 of 18 .FACILITY : pERMITtEE: Monroe Regional ~ter Monroe Regional Servl, -anter 2796 Overseas Highway Marathon, Florida 33050 PERMI?'-VJMBER: PA FlU. _7UMBER: FLA014703 FLAOI4703-002-DW3P 5. The permittee shall keep hauling records to track the transport ofresiduals between facilities. The hauling records shall contain the following infonnation: Monroe Regional Service Center WWTP 1. Date and Time Shipped 2. .Amount of Residuals Shipped 3. DegreeofTIe8tment (if applicable) 4. Name and ID NlIIObeI' of Key Largo, Long Key and Cudjoe Key Transfer Stations Key Largo, Long Key and Cudjoe Key Transfer Stations 1. Date and Time Received 2. Amount of Residuals Received 3. Name and ID Number of Source Facility 4. Signature of Hauler S. Signature ofResponsibJe Party at Key Largo, Long Key and Cudjoe Key Transfer Stations These records shall be kept for five years and shall be made available for inspection upon request by the Department. A copy of the hauling records information maintained by the soun:e facility shall be provided upon deli\la'}' of the residuals to the Key Largo, Long Key and Cudjoe Key Transfer Stations. The permittee shall tepart 10 the Dcpartmcut within 24 hours of discovc:ry any discrepancy in the quantity of residuals 1eaviDg the source facility and arriving at the Key Largo. Long Key and Cudjoe Key Transfer StationS. (62-640.88O(4},3-3(}:'981 6. Storage of residuals or other solids at the permitted facility shaII require prior written notification to the Department if the storage Iasts longer than 30 days. (62-640.300(4), 3-30-98J Storage of n:siduals or othec solids at the permitted facility shall n:qoire prior written notification to the Depaatme.L (62-640.300(4)] m. GR.OUND WATER REQUIREMENTS CGustrodioa ",uiaemeats Section Construction Requirements is not applicable to this facility. operational RequiremeDfs Section Operational Requirements is not applicable to this facility. IV. ADDmONAL REUSE AND LAND APPLICATION REQUIREMENTS Section IV is not applicable to this facility. v. OPERATION AND MAINTENANCE REQUIREMENTS 1. During the period of operation authorized by this permit, the wastewater facilities shall be opa:akd under the supervision of a(n) operator(s) certified in accordance with Chaptec 62-602. F.AC. In accordance with Cbapttt 62-699, F.AC., this facility is a Category m. Class D facility and, at a minimum, operatolS with appropriate certification must be on the site as follows: A Class D or higher operator for 3 nonconsecutive visits/week for 1 112 hours/week. The lead operator must be a Class D operator, or higher. (62-620.630(3)] [62-699310J (62-610.462J 2. An operator meeting the lead operator classification level of the plant shall be available dming 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 perfonned by the permittee or his represenlative or agent 5 days per week. On those days Page 8 of 18 .FACll.l1Y: pERMJT'i"EE: Monroe Regional ServV~ Monroe Regional S~l~.center 2796 Overseas Highway Marathon. Florida 33050 PERM11'~ER: PA FIll.._A.1MBER: FlAOl4703 FLAOI4703-002-DW3P when the facility is not staffed by a certified opcntor, the permittee shall eDSID"C that Flow, pH, Total Residual Chlorine (For Disinfection) are monitored in accordance with Part I of this permit. [62-699.311(1)] 3. When the three-month average daily flow for the most recent three consecutive months exceeds 50 pen:ent of the permitted capacity of the tIeatment plant or reuse and disposal systems. the peimittce shall submit to the Department a capacity analysis report. This initial capacity anaI)Sis IqX>rt shall be submitted within 180 days after the last day of the last month of the tluee-month peri<,XI referenced above. The capacity analysis report shall be prepared in aocordance with Rule 62-600.405, FAC. [62;000.405(4)] 4. The application to renew this permit shall include a detailed operation and mainIcnance perfonnance report prepared in accordance with Rule 62-600.735, F.A.C. (62-600.735(1)] 5. The pemrittee shall maintain the following records and make them available for inspection on the site of the pero:aitted facility: a. Records of all compliance monitoring informatioo. including all calibration and mllintP.naoce records and aU. original strip chart rccordiugs for continuous IIlODitoring insb-umcntation and a copy of the laboramry c:atification showing the certification number of the laboratory, for at least three years from the date the sample OJ' measw:emeut was taken; b. Copies of all reports required by the permit for at least three years from the date the report was pa~rcd; c. Records of au data, Jocluding reports and documents. used to complete the application for the pennit fur at least three years from the date the application waS filed; d Monitoring information. including a copy of the laboratmy certification showing the laboratory certification JJUJDbec. related to the IeSiduals use and disposal activities for the time period set forth in Omptec 62-640. F .A.c.. for at least three years from the date of sampling or IJlCllSUI'el1le e. A copy of the current permit; f. A copy of the currcotopcration and maintenance manual as required by 01ap1er 62-600.. FAC.; 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 operatiODS 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 petSOD(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. JlIl*Cted from weather damage. and cmrent to the last operation and maintenance performed. [62-620.350} 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. [62-625.500} Page 9 of 18 FACILITY: PERMITt.EE: Monroe Regional Servi...--.{:enter Monroe Regional Servi-, .lenter 2796 Overseas Highway Marathon. Florida 33050 PERMI7'~FR: PA FlU . ~ER.: FLA014703 FLAOI4703-002-DW3P vm. OTHER SPECIF1C CONDmONS 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(1) and (2), no later than o~ hundred and eighty days (180) prior to the expiration date of this permit. [62-620.410(5)] 2. Florida water quality criteria and standanfs shaD not be violated as a result of any discharge or land application of reclaimed water or residuals ftom this facility. 3. In the ewnt that the treatment facilities or equipment no longer funcbon as intended. are DO longer safe in terms of public bealth and safety, or odor, noise. aerosol drift. or lighting adversely affects neighboring developed areas at the levels prohibited by Rule 62-600.4OO(2)(a), FA-C., corrective action (which may include additional maintenance or modifications of the pennitted facilities) shall be taken by the permittee. 0tbeI' c:om:ctive action maybe required to eosme compliance with rules of the Department. Additionally, the treatmeitt. DI8JUI~t, use or land application of residuals sbaIl not cause a violation of the odor prohibition in Rule 62-296.320(2), F AC. (62-600.410(8) ontl62- 640.400(6)) 4. The deliberate introduction of stormwatec in any amount into collectioDl1ransm systems designed solely for the introduction (and conveyance) of domesticJindustri wastewater. or the deliberate introduction of sfOnnwatel' into coIlectionltransmission systems designed for the introduction or conveyance of combinations of storm mI ~.rmdustriaI wastewater in amounts which may reduce the efficie:ocy of pollutant removal-by the treatment plant is prohibited. except ~ proVided by Rule 62-610.472. FAC. (62-604.JJ0(3)} S. Co1kcti.onltransm system ovaflows sball be reported to the Departmcut in 8CCXlI'dance wid1 Pc::nnit Condition IX 20. [62-604.550} (62-620.610(20)} 6. The operating authority of a collectionftransm system and the permittee of a treatment plant are prohibited from accepting Connections of wastewater discharges which have not receiwd necessary petreatment or which conWn materials or pollutants (othel" than normal domestic wastewater constituents): a. Which may cause fire or explosion hazards; or b. Which may cause exCessive corrosion or other deterioration of wastewater facilities due to chemical action or pH levels; or c. Which are solid or viscous and obstruct flow or otherwise in~ with wastewater facility operations or tIeatment; or d. Which result in treatment plant discharges having temperatures above 4O"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 featlm:S to discourage the entry of animals and unauthorized peI'SODS. [62-600.400(2Xb)] 8. Screenings and grit removed from the wastewater facilities shall be collected in suitable containers and hauled to a Department approved Class I landfill or to a landfill approved by the Department for receipt/disposal of screenings and grit. [62-701.300(1 Xa)) 9. The permittee shall provide adequate notice to the Deparbnent 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 Page 10 ofl8 .FACll..lTY : PERMITtEE: Monroe Regional Servt...--<:enter Momoe Regional Servi.. lenter 2796 Overseas Highway Marathon, Florida 33050 ~ER: PAFILJ::. ...bMBER: .fLA014703 .fLA014703-002-DW3P b. Any substantial change in the volwne or character of pollutants being introduced into that facility by a somce which was identified in the permit application and known to be discharging at the time the perimt 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 eflluent or reclaimed water to be discharged from the facility. [62-620.625(2)] IX. GENERAL CONDmONS 1. The terms, conditions, requirements. limitations and restrictions set forth in this pemJit are biDdiug and eufotceable pursuant to Chapa 403, Florida Statutes. Any permit ooucompliance constitutes ~ violation of Cbapta' 4103, Florida Statutes, and is grounds for emorcement action, permit cennination, permit revocation and rei~J8nce.. or pennit revision.. [62-620.610(1),10-23-OOJ 2. This permit is valid only for the specific processes and opecations applied for and jyvfiNl~ in the approved drawings or exhibits. Any QD8IJtborized deviations from the approved drawings, emibits, specifications or cooditions of this pennit constitutes grounds for revocation and cnfo.cement action by the Department. (62~20.610(2), 10-23-OOJ 3. As provided in Subsection 403.087(6). F .s., the issuance of this permit does DOt convey any vested rigIds or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion 'of personal rights, DOl' authorize any infringemcDt of federal, Slate, or 1oc:allaws or regulations. This permit is DOt a waiver of or approval of any other Department pennit or aud1orizati.on that may be required for oda aspects of the total project which are not addressed in this permit. (62-620.610(3), /0-23-OOJ 4. This permit conveys no title to land or wafeI", does not constitute state recognition or ackoo~t of. and does not constitute authorit;y for the use of submelged lands unless herein provided and the oecesS8l}' titJC or IeageboId interests have been obtained from the State. Only the Trusmes of the Internal Improvement Trust Fund may express State opinion as to tide. [62-620.610(4), 10-23-OOJ 5. This permit does not relieve the permittee from liability and penalties tix harm or qury to human health or welfare, animal or plant life. or propertY caused by the .construction or operation of this pennitted source; nor doeS it allow the permittee to cause poUutiOD in contraventiOn of Florida Statutes and Department rules, unless specifically 8I1tborized by an order from the Department. The permittee shall ta1ce aU reasonable steps to minimi7,e or prevent any cIisl:baIJe, mJSC of reclaimed water", or residuals use or disposal in violation of this permit which has a reasonable litdihood of IdveIseIy affecting human health or the environment. It shall not be a defense for a pennittee in an enfOicemeut action that it would have been necessmy to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. (62-620.610(5), 10-23-OOJ 6. If the permittee wishes to continue an activit;y regulated by this permit after its expinltion date. the permittee sbalI apply for and obtain a new permit. (62~20.610(6), 10-23-OO} 7. The permittee shall at all times properly operate and maintain the facility and systems of treatment and control, and related appmteoances, 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. (62-620.610(7), lo..23-OO} 8. This permit may be modified, revoked and reissued. or tenninated for cause. The filing of a request by the permittee for a permit revision. revocation and reissuance. or tennination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 162~20.610(8), 10-23-OO} 9. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, including an authorized representative of the Department and authorized EP A personnel. when applicable. upon presentation of Page 11 of 18 FACILITY: PER.MITl'Im: Monroe Regional Servy-~nter Monroe Regional Servi. ..teilter 2796 Overseas Highway Marathon. Florida 33050 PERMfP~ER: P A FILl:: ..lJMBER: FLAOl4703 FLAOI4703-002-DW3P credentials or other documents as may be required by law. and at reasonable times. depending upon the 11llt1E 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 ~t; b. Have access to and copy any records that sball 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 pccmit or Department rules. (62-620.610(9),10-23-OO] 10. In accepting this permit, the permittee uuderstaDds and agrees that all records. notes. monitoring data. and other infonnation relatiug to the CODSttUCtion Ol" operation of this pemIitted source which are submiaed to the Dep...tu..ut may be used by the Department as evideoce in any eofoa CClDCDt case involving the pennitaed source .nsing 1IDlIer'.the Florida Statutes or Department rules. except as such use is proscribed by Section 403.111. Florida. Statutes. Ol" Rule 62-620.302. Florida .Administrative Code. Such evidence shal1 only be used to the cm:ot that it is consistent with the Florida Rules of Civil Proc::edau-e and applicable evidentiary rules. [62-620.610(10). 10023-OOJ 11. When requested by the Department, the permittee sbaU within a reasouab1e time provide any information ~ by Jaw which isoeeded to del""'" IIIjl~ whether ~ is cause fOJ' rCvising.. revotiDg.and reilllmliqg, or ~tiagthis permit, or to detemUne compliance with the petmit The pemuttee shall also provide to the nq.tweul upon request copies of records required by this permit to be b:pt. If the permittee becomes aware of reIev8nt facts tbat wae opt subIJJitbt or wae incorrect in the permit applicati.on or in any report to the ~hucul,. such fads Ol" infonnation shaD be p.ompdy submitted or com:ctiOns promptly IqlOIbl to theDetJ8ltulent. (62-620.610(Il),10-23-00) 12. Unless specifically stated otherwise in Department rules. the ptnnittee, in accepting this pennit, agrees to comply with changes in Depat1ment rules and Florida Statutes aftCr a reasonable time for compliance; p:ovided. ~. the ~ does DOt waive any odIec rights granted by Florida Statutes ex- Department rules. A teasOnab1e time for compliance with a new or amended surface water" quality standant. other than those standaJds 8ddressccI'in Rule 62- 302.500. FAC.. sba1l include a reasonable time to obtain or be denied a mixing zone for the new or ~ standard. (62-620.610(12), 10-23-OOJ 13. The permittee. in accepting this permit. agrees to pay che applicable regulatory program and smveiUance fee in accordance with Rule 62-4.052. F.AC. (62-620.610(13), 1O-23-OO} 14. This permit is transferable only upon Department approval in accordance with Rule 62-620.340. FAC. The pennittee shall be liable for any noncompliance of the permitted activity until the transfer is approved by the Department. (62- 620.610(14),1O-23-OOJ 15. The permittee shall give the Department written notice at least 60 days before inactivation or abandomnent of a wastewater facility and shall specify what steps will be taken to safeguard public health and safety during and following inactivation or abandonment. (62-620.610(15), 10-23-OOJ 16. The permittee shall apply for a revision to the Department permit in accordance with Rules 62-620.300, 62-620.420 or 62-620.450, FAC., as applicable, at least 90 days before construction of any planned substantial modifications to the permitted facility is to commence or with Rule 62-620.300 for minor trodifications to the permitted facility. A revised permit shall be obtained before construction begins except as provided in Rule 62-620.300, FAC. (62-620.610(16). 10- 23-00J Page 12 of 18 FACH.JTY : PERMITtEE: Monroe Regional ServiP-<:enter Monroe Regional Servi... l:enter 2796 Overseas Highway Marathon, Florida 33050 PERMD''"''VMBER: P A FII..b _ ..lJMBER: FLA014703 FLA014703-002-DW3P 17. The pennittee 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 pe:mrittee 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; b. The period of the anticipated noncompliance. including dates and times; and c. Steps being taken to prevent future occurrence of the noncompllimce. [62-620.610(17),10-23-OOJ 18. Sampling and monitoring data sluill be collected and analyzed in accordance with Rule 62-4246, 0IapIm62-160 and 62- 601, F.A.C, and 40 a:R 136, as Appioptiate. a Monitoring results shall be n:portcd at the intervals specified elsewhere in this ~t and sbalJ be reporkld on a Discharge Monitoring Report (DMR), DEP Form 62-620.910(10). b. If the permittee monitors any conbmilUlnt iIlOJe frequently than required by the pennit, using Department approved test procedures; the results of this monitoring shall be inclodcd in the ca1r..,lation and reporting of the data submitb:d in the DMR. c. ~ll.tions fix aI11imitations which require aveaaging of measureDICl1U! shall use an arithmetic mean unless . otbecwise specified in this permit d Any laboratory test required by this permit sbaIl be performed by a laboratory that has been certified by the DepartmcntofHealth (DOH) under Cbapter64E-l, FAC., where such certification is required by Rule 62-160.300, FAC. For domestic wastewater facilities. the on-site test procedures specified in Rule 62-160300(4), F.AC., shaD be performed under the direction of an opecator certified under Chapter 62-602, FAC. e. Under01apter 62-160, FAC., field procedures for sample coI1cction am laboratory methods sbaU be ptdormed by following the protocols descn"bed in DEP~P-OOII01. (JllDWII}' 20(2). Altcmatc field procedures am JabcnIOIy methods may be usedwbcre they have been approved llccording to the require~uents of Rules 62-160.220, 62-160.330, and 62-160.600, F.A.C. 19. Reports of compliance or noncompliance with, or any progress reports 011, interim and final requiremems contained in any compliance schedule detailed elsewhere in this permit shall be submitted no latec than 14 days foDowing each schedule date. [62-620.610(19),10-23-OOJ 20. The permittee shall report to the Department any noncompIiance 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 circwnstances. A written submission shall also be provided within five days of the time the pennittee becomes aware of the ciIcumst8nces. 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 anticipalcd time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent n:cmrence of the noncompliance. a. The following shall be included as information which must be reported within 24 hours under this condition: 1. Any tmaDticipated bypass which causes any reclaimed water or effluent to exceed any permit limitation or results in an unpermitted discharge, 2. Any upset which causes any reclaimed water or the effluent to exceed any limitation in the permit, Page 13 of 18 FACllJTY: . PERMITtEE: Monroe Regional ServV-.,Center Monroe Regional Serv. . tenter TT96 Overseas Highway Marathon, Florida 33050 ~ER: PA FII...:__ .luMBER: FLA014703 FLAOI4703-002-DW3P 3. Violation of a maximwn daily discharge limitation for any of the pollutants specifically listed in the pennit for such notice. and 4. Any unauthorized discharge to swface or ground waters. b. For releases or spills of treated or untreated wastewater, unless authorized elsewhere in this pcnnit, oral notifications as required above shalI be provided using the foUowing procedures: 1. For unauthorized releases or spills in excess of 1,000 gallons per incidcot, or wbeIe public health or the environmCnt may be endangered, to the STATE WARNING POINT TOIL FREE NUMBER. (800) 3~19. as soon as practical. but DO later than 24 hours from the time the peu4iuce becomes aware of the discharge. The permittee. to the extent known, shaD provide the following information to the State Warning Point: a) Name. address. and telepho1.JC numbec of persou reporting. b) Name, address, and 1eIephone nmnber of permittee or responsible person for the discbarge. c) Date and time of the discharge and status of discharge (Oagoing or ceased). d) Characteristics of the wastewater spilled or released (untreated or treated. industrial or domestic wastewater). e) EstimAted amount of the discharge. f) Location or address of the discharge. g) Source and cause of the discharge. h) Whethec the discharge was CODtaiued on-site, and cleanup actions tabu to date. i) Description of area affected by the discbarge. iDcluding IIlUDC of water body affeded. if any. j) Other persons or agencicis contacted. 2. For unauthorized releases or spills of 1.000 gallons or less, per 'inci~, oral reports sbaU be provided to the Department within 24 homs from the time the permittee bec:omes aware of the discharge. c. If the oral report bas been received within 24 hours. the noncompliance has been ~ and the noncompliance did not endanger health or the environment, the Department shaD waive the written report. (62-620.610(20), 10-23-OO} 21. The pennittee shall report all instanceS of noncompliance not reported undec Pennit Conditions IX. 18. and 19. of this pennit at the time monitoring reports are submitted. This report shall con1ain the same information required by Permit Condition IX. 20 oftbis permit. [62-620.610(21), 1O-23-OOJ 22. Bypass Provisions. a. Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless the pennittee affirmatively demonstrates that: 1. Bypass was unavoidable to prevent loss of life. personal injury. or severe property damage; and 2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes. or maintenance during nonnal 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 nonnal periods of equipment downtime or preventive maintenance; and Page 14 of 18 FACILlTY: pERMITtEE: Monroe Regional Servic-~tel' Monroe Regional Servi- antel' 2796 Overseas Highway Marathon, Florida 33050 ~:; FLAOl4703 FLAOI4703-002-DW3P 3. The permittee submitted notices as required under Permit Condition IX. 22. b. of this permit. b. If the permittee knows in advance of the need for a bypass. it sbaII submit prior notice to the Department. if possible at least 10 days before the date of the bypass. The pennittee sball submit notice of an unanticipated bypass within 24 hours of learning about the bypass as required in Permit Condition IX. 20. of this permit, A notice shall include a description of the bypass and its cause; the period of the bypass, including exact dates and times; if the bypass bas not been corrected, the anticipated time it is expected to continue; and the steps taken or planned *' reduce, eJimi11llfe. and prevent recurrence of the bypass. c. The Department shall approve an anticipated bypass. after considering its ad~ effect. if the pcrmiltCe demonstrates that it will meet the three conditions listed in Pennit 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 01" efilueot limitations to be exceeded if it is foe essentiaJ maintenance to assure efficient opention. These bypasses ue not subject to the provisions of Permit Condition IX. 22. a. tbrough c. of this penuit. [62-620.610(22), 10-23-00] 23. Upset Provisions a A permittee who wishes to establish the affirmative defense of upset shaD demonstrate. through properly signed ~laaeoUS opentiDg logs. or other Jdevant evidence that: 1. An upset occurred and that the peaniUee can ideotify the cause(s) of the upset; 2. The pe.mitted facility was at the time being properly opccated; 3. The pemJittee submitted notice of the upset as required in Permit Coodifion IX. 20. of this permit; aDd 4. The permittee complied with any w:nMial measures required uodec Permit Condition]X. 5. of this permit. b. In any enforcement proceenmg, the burden of proof for est.ablisbing the oc::cum:nce of an upset1'eSts with the . permittee. c. Before an enforcemeut proceeding is instituted. no representation made during the Department review of a claim. that noncompliauce was caused by an upset is fiual agency action subject to judicial review. [62-620.610(23), 10-23-00] X. hQedion Wells: I. General Criteria (a) The teons..cooditions, rcquiremeots, limitations and restrictions set forth in this pennit ue "permit conditions" and are binding and enforceable pmsuant 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 enfon:ement action. (c) As provided in subsection 403.081(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 locaI 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 tolal project which are not addressed in this pennit Page 15 of 18 FACJLITY: PERMIT1'EE: Momue Regional SttviI"'~ter Momue Regional Servi-- .tenter 21% Overseas Highway Marathon, Florida 33050 ~ER: PA F'ILl::.lJMBER: FLA014103 FLA0l4103-002-DW3P (d) This pcrnlit conveys no title to land, water, does not constitute State recognition or actnowle1lgJnr.nt of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary tide or Ieasebold inte:resas have been obtained fiom the State. Only the TrusteeS of the Internal Improvement Trust Fund may express State opinion as to tide. (e) This permit does not Ielieve the permittEe fiom liability for hann to human health or welfare. animal. or plant life. or property caused by the c:omttuction or operation of this pennitted 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 Dq.a.twcot. (f) The peunittce shall properly opemte and maintain the facility and systems of treatment and control (and related appurtenances) that are insaaIIed and used by the permittee to acbieve compliaoce with the conditions of this permit. or are IeqDiTed by Department mJes. This provision iitcludes the operation of backup or auxiliary facilities or similar systemS when necessary to achieve compliance with the conditions of the permit and wben required by Department ruIes. (g) The permittee. by accepting this permit. specifically agrees to allow authorized Depirtmeot pea-sonnel, upon presentation of credential,; or other documents as may be required by law and at J'e8SOD8ble times, access to the praniscs where the permitted activity is locaUd or conducted to: 1. Have access to and copy any recordstbat must be lcept under conditions of this permit; 2. Inspect the facility, equipment. practices, or operations reguIaral or required under this permit; and 3. Sample or monitor any substaDccs or parameters at any 1ocation reasonably DCCesS8IJ to assure compliance with this permit or Dq.4a tment rules. Reasonable time will depend on the nature of the concem being imatiga1l:d. (h) If. for any reason. the permittee does not comply with or will be uuable to comply with any CODditiOll or limitation specified in this permit. the pc:rmittec sball inmvo.diafely provide the Dt.paitmcnt with the following infonnatioo: 1. A description of and cause of noncompliance; and 2. The period of noncompJiaJWe. including dates and times; or, if DOt corrc:cted the anticipated time the noncompliance is expected to cominue. and stepS being takcnto Ieduce. eliminate; and prevent the n:cuneuce of the noncompliance. The permittee shall be n=sponsible for any and aU damar which may result and may be subject to enforcement action by the Department for penalties or for Ievocation of this permit. (i) In accepting this permit. the pmnittee uoderstands and agrees that all records. DOtes, monitoring data and other information relating to the construction or operation of this permitted source which are submitted 10 the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising UDder the F10rida Statutes or DqJa..tment roles., except where such use is proscribed by sections 403.1il and 403.13, F.s. Such evidence sball only be used to the extent it is consistent with the Florida Rules of Civil Procedure am appropriate evidentiary rules. (j) The permittee agrees to comply with changes in Department ruIcs and Florida Statutes after a reasonable time for compliance; provided, however, the pemrittee does not waive any other rights granted by Florida Statutes or Department roles. (k) This permit is transferable only upon Department approval in accordance with rules 62-4.120 and 62-528.350, FAC. The permittee shall be liable for any non-compliance of the pennitted activity until the transfer is approved by the Department. (I) 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; Page 16 of 18 FACILf.fY: P~: Monroe Regional Servi~ter Monroe Regional Sem- .tenter 2796 Overseas Highway Marathon. Florida 33050 PERMIT~ER: PA FILl _hMBER: FLA014703 FLAOI4703-002-DW3P I. Upon request. the permittee shall furnish ail records and plans required under Department rules. Owing enfon:ement actions. the retention period for aU records shalI be extended automatica1ly unless the DepartmeDt determines that the records are DO longer n:quired. 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 ail reports required by this pcnnit. and records of all data used to complete the application for this pmnit. These mate:riaIs sball be retained at least three years from the date of the sample. measurement, report, or application unless otherwise specified by Department rule. 3. Records ofmouiroring information sbaII include: a. the date. exact place, and time of sampling or JIIC8SUl'CIDeuf; b. the pelSOn respon51b1e for perfonning the sampling or measurements; c. the dates analyseS were pcrlormed; d. the person responsible for pcd'orming the analyses; e. the ana1ytica1 b:Imiques or methods used; f. the results of such analyseS. 4. The permittee sba1l furnish to the Department, within the time n:quested in writing, any information which the Department requests to de1amine wbetber cause exists for modifying. revoking aud reissuing, or fl::nninAting this pemrit, or to dcCamine comp1iaDcc with this pennit. 5. If the permittee becomes aware that relevant faCts WCI"C not SIlbmiUM or WCI"C incorrect in the permit application or in-any report to the Department. such facts or informatiOn shaD be corrected promptly. (n) All applications. tePorts. or information required by the Department shaD be certified as being true, accurate. and complete. (0) Reports of compliance or noncompliance with. or any progress reports on, requirements contained in any compliance schedule oftbis permit shaD be submitted no latec than 14 daYs foUowiog each scbeduIed date. (P) Any permit noncompliance constitutes a violation of the Safe Drinkin8 Water At::t aud is grounds for enforcement action; for permit termination. revocation and reissuance, or modification; or for denial of a permit renewal application. (q) It sbaIl not be a defense for a permittee in an enforcement action chat it would ba~ been necessary.to bait or reduce the. pennitled activity in order to maintain compliance with the conditions of this permit. (r) The permittee shall take all reasonable steps to ",inimi7.e or correct any adverse impact on the environment resulting from noncompliance with this pemrit. (s) Tbis pennit may be modified, revoked and reissUed. or tel'Jninldcd for cause, as provided in 40 c.F.R. sections 144.39(a). 144.4O(a). and 144.41 (1998). The filing of a request by the pennittee 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 n:quirements. (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 be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause. the period of noncompliance. including exact dates and times, and if Page 17 of 18 Page 18 of 18 RWClJRS/cap Richard W. Canttell Director of District Management DATE: a STATE OFH..ORIDA DEPARTMENT OFENVIR.ONMENTAL PR0TECl10N _ _. _ in Fort Myers. Florida. 3. In the event a well must be plugged or abaudooed, the pemiittee sball obtain a permit m:m the Dcpaatw..ul as n:quinld by Sectious 62-528.625 and 62-528.645, FAC. 4. The peI'IDitb=e sball notify the Departme.U and obtain approval prior to any \1IeIl wort (]I' modification. 5. The permittee is reminded of the necessity to comply With the pertinent regulations of any other' n:guIatoIy agency, as well as any c:oonty, l1'IJOiCipal. and federal regulations applicable to the project. These xeguIations may include. but me DOt limitIld tn, 1bose of the Feden1 Emeqeocy Managemcut Agea::y in impkuJe...ttillg flood CODCroI mr:lISUIa. This permit should DOt be coustrued tQ imply compliance with the rules and Iegulations of other regulatory ageocies. "I certify U1Ida' peualty of law that this ~QDl"at and all attach~ wae prepared lIDdeI' my din:ction (]I' supervision in accordance with a system tW1gJIM to assure that qualified pusoaneI propeI'ly gada and evaluate the infurmation subJ:nitmd. Based upon my inquiry of the penon or persons who ID8II8ge the sysIem. or those persons directly responsible for gathering the informatiOn. the information submiaM is. to the best of my knowledge and bdief, true. accurate and complete.. I am aware that tbcte me ~nt penalties for submitting false information. including the possibility offine and imprisonment for kmwid& 'riobdions." (a). All reports and od1el- submittalS required to comply with this pennit shall be signed by a person andmized under Rules 62-528.340(1) or (2), F.A.C. (b). In accordance with Rule 62-528.340(4), FA.C.. all tePoJ'ts shall contain the following cedification: 2. Signatories and Certification Requirements_ (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 ~ adversely atIect the health of pcI'SODS. (v) Propel" openWon and maintenance includes effective performance. adequate funding, adequate operator staffing and training. and adequate laboratory and process controls. including appropriate quality assurance procedun=s. 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. FLAOl4703 FLAOI4703-002-DW3P ~ER. PAFlLl: hMBER: Monroe Regional Servi-.center Monroe Regional Servl lenter 2796 Overseas Highway Marathon. Florida 33050 FAClLtfY: ~: