Consent Order & Fines to the City of Port Orange's Violations for Exceeding the Daily Effluent limit, i.e. Discharge into River

penalityDear Mayor, Council, Taxpayers:
A portion of the Consent Order related to the City of Port Orange’s violation for exceeding the daily effluent limit, i.e. discharge into the Halifax River, the calculation of related fines and remedial action required below for your review.  PDFs which have these documents in their entirety also attached.  This is also directly related to our issues with Halifax Paving and its failure to complete the 2nd lake out on Shunz Road off SR 415 per contract and change orders.
Thank you for your attention to this critical matter.
Dianne Templeton Gardner

July 18, 2014
Gregory Kisela, Acting Public Utilities Director
City of Port Orange
100 City Center Circle
Port Orange, FL 32129-4144
Re: Consent Order
Port Orange WWTF
DW Permit #FL0020559
Volusia County
Dear Mr. Kisela:
Enclosed is a Consent Order (“Order”) prepared by this Department for resolution of the referenced enforce-ment case. Please review this document, and if satisfactory, sign and date the appropriate spaces and forward to this office within the next twenty (20) days. A copy of the completed document will be forwarded to you.
Should the Order be unacceptable, please provide this office with written notification within twenty (20) days. Also, any specific comments that you may have should be handwritten on the attached Order and returned to this office for review along with your written notification.
Please provide proof that the signatory on this Order for the City of Port Orange has been delegated the proper authority to bind the City of Port Orange. If documentation of the delegated authority cannot be provided, please provide a letter from the City’s attorney verifying the signatory has the appropriate legal authority.
If you have any questions about the terms of this Order, please contact Jenny E. Farrell at (407) 897-4173 or via e-mail
Jeff Prather
Director, Central District

Enclosures: Consent Order
Exhibit 1

cc: Thomas Troutman, Chief Operator,

Shannon Lewis, Assistant City Manager,
The Department finds that the following violations occurred:
a) In February, March, and April of 2014, the Facility exceeded the Permit’s annual average daily flow effluent limit of 0.999 MGD for the Halifax River surface water outfall (“D-001 Outfall”) with a 1.081 MGD, a 1.299 MGD, and a 1.419 MGD, respectively, which are violations of Section 403.161(1)(b), F.S. and Rules 62-4.030 and 62-600.400(3)(b), F.A.C.
b) From August 2013 through November 2013 and from January 2014 through March 2014, the Facility exceeded the Permit’s total copper limit of 9.4 micrograms per liter (ug/L) for the D-001 Outfall with a 11.3 ug/L, a 10.2 ug/L limit, a 23.1 ug/L, a 19.7 ug/L, a 11.8 ug/L, a 31.1 ug/L, and a 21.1 ug/L, respectively, which are violations of Section 403.161(1)(b), F.S. and Rules 62-4.030 and 62-620.300(5), F.A.C.
Having reached a resolution of the matter Respondent and the Department mutually agree and it is
5. Respondent shall comply with the following corrective actions within the stated time periods:
a) Within 180 days of the effective date of this Order, Respondent shall begin the construction of the outfall for the receiving wetland Spruce Creek Circle Drainage Ditch at the reclaimed reservoir location (“D-002 Outfall”).
b) Within 545 days of the effective date of this Order, Respondent shall complete construction of the D-002 Outfall and submit a Certification of Completion prepared and sealed by a professional engineer registered in the State of Florida that states the D-002 Outfall has been constructed in accordance with the Permit and the Permit Revision. Within DEP vs. City of Port Orange Consent Order, OGC No. 14-0315 Page 3
30 days of the Department’s approval of the Certification of Completion, Respondent shall place the D-002 Outfall into service when discharges are necessary.
c) Respondent shall demonstrate compliance by maintaining the flow to the D-001 and D-002 Outfall’s at or below the Permit’s effluent limits for flow annual average for one year and reporting the flow annual average on the discharge monitoring report (“DMR”). A copy of the DMR, DEP Form 62-620.910(10), to be used for reporting the flow annual average is incorporated herein and attached as Exhibit 1.
d) The effluent discharged from the Facility to the D-001 Outfall and the D-002 Outfall shall comply with the interim limit (“Interim Limit”) and monitoring requirements in Table 1 below. All of the other parameter limits in the Permit remain the same and shall be complied with by Respondent. The Interim Limit shall become effective upon the first day of the month following the effective date of this Consent Order. The Interim Limit shall remain in effect until December 31, 2017 or until compliance is demonstrated as referenced in Paragraph 5(c) above. The analysis and reporting of the Interim Limit shall be in accordance with the Permit. The Interim Limit shall be reported on the DMR attached as Exhibit 1. These reports shall be mailed to the Department of Environmental Protection, Wastewater Compliance Evaluation Section, Mail Station 3551, Bob Martinez Center, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 once each month and must be received by the Department no later than the 28th day following the end of the reporting permit (e.g., the August report would be due no later than September 28th. The Interim Limit does not act as State of Florida Department of Environmental Protection Wastewater Permit effluent limitation or modified Permit limitation, nor does it authorize or otherwise justify violation of the Florida Air and Water Pollution Control Act, Part I, Chapter 403, F.S., during the pendency of this Order.
Within 30 days of the effective date of this Order, Respondent shall pay the Department $6,750.00 in settlement of the regulatory matters addressed in this Order. This amount includes $6,000.00 for civil penalties and $750.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Order. The civil penalty in this case includes one violation that warrants a penalty of $2,000.00 or more.
10. Respondent agrees to pay the Department stipulated penalties in the amount of $2,000.00 per day for each and every day Respondent fails to timely comply with the requirement in Paragraph 5(f). Respondent agrees to pay the Department stipulated penalties in the amount of $500.00 per day for each and every day Respondent fails to timely comply with any of the requirements of Paragraphs 5(a)-(e), 6, 7, 8, and 24 of this Order. The Department may demand stipulated penalties at any time after violations occur. Respondent shall pay stipulated penalties owed within 30 days of the Department’s issuance of written demand for payment, and shall do so as further described in Paragraph 11 below. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any terms of this Order. Any stipulated penalties assessed under this paragraph shall be in addition to the civil penalties agreed to in Paragraph 9 of this Order.

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