HomeMy WebLinkAboutR-03-0757J-03-606
07/07/03
RESOLUTION NO. 03— 757
A RESOLUTION OF THE MIAMI CITY COMMISSION
WITH ATTACHMENT(S) AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONSENT ORDER, FILE
NO. OGC 03-0166, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION CONCERNING THE
SETTLEMENT OF CERTAIN MATTERS AT ISSUE
BETWEEN SAID PARTIES.
WHEREAS, the City of Miami (City") is the owner and is
responsible for the operation of a Municipal Separate Storm
System ("MS4") that serves the lands located within the City's
jurisdiction; and
WHEREAS, the City operates its MS4 under the National
Pollutant Discharge Elimination System ("NDPES") permit
administered by the Florida Department of Environmental
Protection ("FDEP"); and
WHEREAS, as a result of the FDEP's review of the City's Year
Four and Five Annual Reports for the NDPES permits, FDEP issued a
letter outlining areas for which the City was not in compliance
with the NDPES permit's regulation; and
AV N,1211 1. 1 : D
CITY COMMISSION
MEETING Of
1 7 2003
Resolution No.
03- 757
WHEREAS, the City submitted documents in support of
compliance with the regulations for the NDPES permit and has met
with FDEP representatives numerous times to demonstrate its
compliance with the terms and conditions of the permit; and
WHEREAS, the City and FDEP agreed to enter into a Consent
Order, in substantially the attached form, subject to the terms
and conditions therein, in order to resolve a dispute, without
incurring the expense and delay associated with litigation;
WHEREAS, the City's execution of the Consent Order shall not
be construed by the FDEP as an admission or acknowledgment of
guilt or liability by the City regarding any issue regarding the
permit; and
WHEREAS, by executing the attached Consent Order the City
waives its rights to an administrative hearing pursuant to
Sections 120.569 and 120.57, Florida Statutes, and its right to
appeal the terms of the Consent Order, pursuant to Section
120.68, Florida Statutes.
Page 2 of 4 -33— 757
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized!' to execute a
Consent Order, File No. OGC 03-0166, in substantially the
attached form, between the City of Miami and the State of Florida
Department of Environmental Protection concerning the settlement
of certain matters at issue between said parties.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'
�i The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 3 of 4
03- 757
PASSED AND ADOPTED this 17th day of July 2003.
MANUEL A. DIAZ, MAYOR
ATTEST:
4�ZT"rTT'-
PRISCILLA:
A. THtAPSON
CITY CLERK
APPROVED/'KS, 'did FO
,O`JANDRO VILARELLO
ITY ATTORNEY
W7362:tr:AS
D CORRECTNESS/
Page 4 of 4 _ '757
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION,
Complainant,
vs.
CITY OF MIAMI, a Florida Municipal
Corporation,
Respondent.
CONSENT ORDER
IN THE OFFICE OF THE
DIVISION OF WATER
RESOURCE MANAGEMENT
OGC FILE NO. 03-0166
This Consent Order is entered into between the State of Florida Department of
Environmental Protection ("Department") and the City of Miami ("City") to reach
settlement of certain matters at issue between the Department and the City.
The Department finds the following:
1. The Department is the administrative agency of the State of Florida
having the power and duty to protect Florida's air and water resources and to administer
and enforce the provisions of Chapter 403, Florida Statutes, and the rules promulgated
thereunder, as codified in Title 62, Florida Administrative Code. The Department has
jurisdiction over the matters addressed in this Consent Order.
2. The City is a Florida municipal corporation and a person within the
meaning of Section 403.031(5), Florida Statutes.
3. The City is the owner and is responsible for the operation of a Municipal
Separate Storm Sewer System ("MS4") that serves the lands located within the City's
jurisdiction. The City operates its MS4 ("Facility") under Department National Pollutant
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Discharge Elimination System (NPDES) stormwater permit No. FLS000002, which
expired on 30 September 2001. The permit has been administratively continued until
renewed.
4. The United States Environmental Protection Agency (EPA), as the original
permitting authority, issued Permit No. FLS000002 ("Permit") to the City of Miami, on 30
September 1996, and the Permit became effective 1 November 1996.
5. On 1 May 2000, EPA relinquished jurisdiction to issue NPDES stormwater
permits in Florida in anticipation of the Department adopting administrative rules to
implement an EPA approved state NPDES stormwater program, supplementing the
existing Florida NPDES program regulating pre-treatment programs as well as domestic
and industrial wastewater.
6. The Department's NPDES stormwater rules became effective 23 October
2000, creating Chapter 62-624, F.A.C., and amending Chapters 62-4, 62-620 and 62-
621, F.A.C., to incorporate a stormwater element into the State's wastewater facilities
and activities permitting program.
7. Once the Department's NPDES stormwater permitting program was in place,
with the finalization of rulemaking on 23 October 2000, the Department became the
permitting authority as to the City's Permit.
8. At the direction of the Department, an inspection of the City's MS4 was
performed by a representative of Science Applications International Corporation (SAIL).
SAIC serves as contractor to the Department as to various aspects of the Florida
NPDES stormwater program.
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9. During this same time period, SAIC was in the process of reviewing the City's
most recent annual reports (Year 4 and 5 Annual Reports) for the MS4 and the Permit.
The City requested that the Year 4 Annual Report also be considered its application for
the renewal of its MS4 Permit. The on-site inspection of the Miami MS4, as well as a
review of the annual reports, resulted in a Non -Compliance Letter from the Department,
to the City, dated 13 November 2001. In part, this Non -Compliance Letter outlined
deficiencies related to proper implementation of the Construction Site Runoff MS4
permit requirement.
10. On 11 October 2002, the Department issued a Warning Letter to the City to
address potential violations of the Permit.
11. In its Warning Letter to the City, the Department asserted that the City may
not have effectively implemented the following aspects of its NPDES MS4 Permit:
A. Part II, Section A, of the City's Permit entitled Storm Water Management
Program (SWMP) Requirements, at paragraph 7, entitled Illicit Discharges and
Improper Disposal, requires the permittee(s) to implement an ongoing program
to detect and eliminate (or require the discharger to the MS4 to eliminate) illicit
discharges and improper disposal into the storm sewer system. These non-
stormwater discharges shall be effectively prohibited through the use of
inspections, ordinances and enforcement.
B. Part II, Section A, entitled Storm Water Management Program (SWMP)
Requirements, at paragraph 8, entitled Industrial and High Risk Runoff, requires
the permittee(s) to develop and implement a program to identify and control
pollutants to the maximum extent practicable (MEP), consistent with State water
policy, in stormwater discharges from any municipal landfills, hazardous waste
treatment, storage, disposal and recovery facilities, facilities that are subject to
EPCRA Title III, Section 313, and any other industrial or commercial discharge
which the permittee(s) determine is contributing a substantial pollutant loading to
the MS4. To fulfill its obligation under Part II, Section A, paragraph 8, the Permit
required the permittee(s), to identify priority sites and implement a schedule of
inspections to address, at a minimum, the eleven (11) classes of industrial
activities set forth in 40 C.F.R. 122.26(b)(14). Additionally, to fulfill its obligation
under Part II, Section A, paragraph 8, the Permit required the permittee(s) to
develop and implement a monitoring program for facilities identified.
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C. Part II, Section A, entitled Storm Water Management Program (SWMP)
Requirements, at paragraph 9, entitled Construction Site Runoff, requires the
permittee(s) to develop and implement a program to reduce the discharge of
pollutants from construction sites to the maximum extent practicable (MEP) that
is consistent with State water policy.
To fulfill its obligation under Part II, Section A, paragraph 9, the Permit required
the permittee(s) to require the use and maintenance of structural and non-
structural best management practices to reduce pollutants discharged to the
MS4 during the time of construction.
Additionally, to fulfill its obligation under Part II, Section A, paragraph 9, the
Permit required the permittee(s) to develop and implement a program for
inspecting construction sites and for enforcing the requirement for control
measures.
Further, to fulfill its obligation under Part II, Section A, paragraph 9, the Permit
required the permittee(s) to conduct appropriate education and training for
construction site operators and those associated with the implementation of
proper sediment and erosion control measures at construction sites.
D. Part II, Paragraph F, entitled Storm Water Management Program
Resources, requires each permittee shall provide adequate finances to
implement their activities under the Storm Water Management Program. Each
permittee shall also have a source of funding for implementing all other
requirements included within this NPDES storm water permit.
12. The Department's Warning Letter of 11 October 2002, further asserts:
Part II of Permit No.: FLS000002, entitled Storm Water Pollution Prevention &
Management Program, states that the Stormwater Management Program
(SWMP) shall achieve the "effective prohibition" and "MEP" standards of Section
402(p)(3)(B) of the federal Clean Water Act.
Elements of the Stormwater Management Program are specifically included to
address the "effective prohibition" standard and reduce pollutants to the
maximum extent practicable, the MEP standard, and include, but are not limited
to, Part II, Section A, paragraph 7, Illicit Discharges and Improper Disposal; Part
II, Section A, paragraph 8, Industrial and High Risk Runoff; and, Part Il, Section
A, paragraph 9, Construction Site Runoff.
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Consequently, the Department's Warning Letter notes that, to the extent the City may
have failed to properly implement the programs as described herein, the City may have
failed to meet the "effective prohibition" and "maximum extent practicable" standards.
13. A meeting was held 6 November 2002, to discuss resolution of the issues
raised in the warning letter, resulting in the City providing additional materials in
response to the Department's concerns, on 25 November 2002. A teleconference was
held on 11 February 2003 to discuss issues raised in the City's 25 November 2002
response. The City submitted additional information on 22 February 2003. A meeting
was held at the City's Public Works Office on 14 March 2003 to obtain additional
information.
14. Having reviewed the materials provided by the City, and in light of the City's
responses to the Department's various requests for information and documentation, the
Department has reached the conclusions set forth in Paragraphs 15 — 20, below.
Construction Site Runoff
15. The City, as permittee, is responsible for implementing Part II, Section A,
entitled Storm Water Management Program (SWMP) Requirements, and specifically
paragraph 9, entitled Construction Site Runoff, which requires the permittee(s) to
develop and implement a program to reduce the discharge of pollutants from
construction sites to the maximum extent practicable (MEP) that is consistent with State
water policy.
16. After reviewing the response to the requests for information, and after
having reviewed the information provided related to the City's construction inspections,
the Department concludes that the City's sedimentation and erosion control program
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does not fully satisfy the requirements established by the Permit, and applicable state
and federal law. While City records reflect numerous types of inspections at
construction sites, the records do not fully describe the actions taken by the City to
control construction site stormwater runoff. It also appears that the City's Construction
Site Runoff program has not fully implemented an inspection program that includes a
cursory stormwater pollution prevention review as part of the normal inspection
process. This information should be used to help prioritize additional and/or more
detailed inspections for those construction sites that demonstrate a lack of preventative
sediment/erosion control. Further, there appears to be no internal log system to
document the inspection conducted.
Maximum Extent Practicable Standard And Effective Prohibition
17. Part II of Permit No.: FLS000002, entitled Storm Water Pollution Prevention
& Management Program, states that the Stormwater Management Program (SWMP)
shall achieve the "effective prohibition" and "MEP" standards of Section 402(p)(3)(B) of
the federal Clean Water Act.
18. Section 402(p)(3)(B) of the Clean Water Act requires that MS4 permits
include "controls to reduced the discharge of pollutants to the maximum extent
practicable, including management practices, control techniques and system, design
and engineering methods, and such other provision as the Administrator or the State
determines appropriate for the control of such pollutants."
19. Elements of the Stormwater Management Program are specifically included
to address the "effective prohibition" standard and reduce pollutants to the maximum
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extent practicable (i.e., the MEP standard), and include, but are not limited to, Part II,
Section A, paragraph 9, Construction Site Runoff.
20. The Department finds that the City has not demonstrated that it has
satisfactorily implemented a proper construction site runoff program and, consequently,
the City has not demonstrated that it has reduced the discharge of pollutants to the
maximum extent practicable.
Having reached a resolution of this matter, the Department and the City mutually
agree and it is
ORDERED:
21. The City shall comply with the following corrective actions within the
stated time periods:
A. The City shall initiate and comply with all aspects, which includes but is
not limited to time periods, procedures, sequencing and actions, of the City of Miami
2003 NPDES Compliance Strategy submitted to the Department on November 21,
2002, Exhibit I, attached hereto and incorporated herein.
B. The City must discharge its duties as permittee under Paragraph 9,
entitled Construction Site Runoff, as set out in Part II, Section A, of Permit FLS000002,
entitled Storm Water Management Program (SWMP) Requirements. To help ensure
that the City's records are complete, the City must provide to the Department a detailed
written description of the City's program for controlling runoff from construction sites.
The City must describe: (1) the number of inspections anticipated per quarter during
each fiscal year; (2) the procedure whereby the City shall take enforcement action and
stop work, impose fines or penalties, and order corrective measures; and (3) the means
03— 757
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by which the City will document and maintain records of the number of inspections
performed, the number of violations discovered, the action taken by the City, and the
results of follow-up compliance inspections (inspection log). If the City is relying upon
an existing ordinance as the basis for implementing its program, a description of how
that ordinance shall be applied to fulfill the City's obligation under the permit shall be
included in the description of its Construction Site Runoff program as required herein.
The program must meet all of the requirements of 40 CFR 122.26(d)(2)(iv) as
incorporated by reference in Rule 62-624.500, F.A.C. The City must submit its
complete program description to the Department's NPDES Stormwater Section, 2600
Blair Stone Road, MS 2500, Tallahassee, Florida 32399-2400, within 90 days of this
Consent Order becoming effective. This program must be fully implemented within 90
days of receiving written approval from the Department.
C. Within 60 days of execution of this Consent Order, the City shall pay the
Department $ 6,398 in settlement of the matters addressed in this Consent Order, in
addition to $2,000 for costs and expenses incurred by the Department during the
investigation of this matter and the preparation and tracking of this Consent Order. If
the City chooses to pursue an in-kind project in accordance with Paragraph D, below,
then within 60 days of the execution of this Consent Order, the City shall pay the
Department $ 2,000 for the Department's costs and expenses. Payment shall be made
by cashier's check or money order. The instrument shall be made payable to the
"Department of Environmental Protection" and shall include thereon the OGC number
assigned to this Consent Order and the notation "Ecosystem Management and
Restoration Trust Fund.
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D. In lieu of making cash payments of $6,398 pursuant to Paragraph C,
above, the City may implement an in-kind project with a total value of at least $ 9,597
(6,398 x 1.5). If the City wishes to pursue an in-kind project, the City shall comply with
the following requirements and deadlines. Within 45 days of the execution of this
Consent Order, the City must propose an appropriate, attached in-kind penalty project
to the Department, pursuant to Department Directive 923, Exhibit II, attached hereto
and incorporated herein. If an acceptable in-kind penalty project can not be agreed
upon by the Department and the City within 60 days of the execution of this Consent
Order, then the City must revert back to the penalty requirements of paragraph 21 C.
22. Respondent agrees to pay the Department stipulated penalties in the
amount of $100.00 per day for each and every day Respondent fails to timely comply
with any of the requirements of Paragraphs 21 A. thru 21 C. of this Consent Order. A
separate stipulated penalty shall be assessed for each violation of this Consent Order.
Within 30 days of written demand from the Department, Respondent shall make
payment of the appropriate stipulated penalties to "The Department of Environmental
Protection" by cashier's check or money order and shall include thereon the OGC
number assigned to this Consent Order and the notation " Ecosystem Management and
Restoration Trust Fund." Payment shall be sent to the Department of Environmental
Protection, NPDES Stormwater Section, 2600 Blair Stone Road, M.S. 2500,
Tallahassee, Florida 32399-2400. The Department may make demands for payment at
any time after violations occur. Nothing in this Paragraph shall prevent the Department
from filing suit to specifically enforce any terms of this Consent Order. Any penalties
assessed under this Paragraph shall be in addition to the settlement sum agreed to in
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Paragraph 21 C. of this Consent Order. If the Department is required to file a lawsuit to
recover stipulated penalties under this Paragraph, the Department will not be foreclosed
from seeking civil penalties for violations of this Consent Order in an amount greater
than the stipulated penalties due under this Paragraph.
23. The City shall publish the following notice in a newspaper of daily
circulation in Miami -Dade County, Florida. The notice shall be published one time only
within 14 days after the effective date of the Consent Order. The City shall provide
proof of publication to the Department within 7 days of publishing the notice.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF CONSENT ORDER
The Department of Environmental Protection gives notice of agency action of
entering into a Consent Order with the City of Miami pursuant to Section 120.57(4),
Florida Statutes. The Consent Order addresses alleged permit violations associated
with the City's National Pollutant Discharge Elimination System, Municipal Separate
Storm Sewer System Permit (MS4), permit No. FLS000002. Specifically, the Consent
Order addresses Part II, Section A of the MS4 permit and whether the City's
Stormwater Management Program fully developed and implemented the following
element to identify and control pollutants to the maximum extent practicable (MEP): 1.
Construction Site Runoff. The Consent Order is available for public inspection during
normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal
holidays, at the Department of Environmental Protection, 2600 Blair Stone Road, Suite
671, Tallahassee, Florida, 32399.
Persons whose substantial interests are affected by this Consent Order have a
right to petition for an administrative hearing on the Consent Order. The Petition must
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contain the information set forth below and must be filed (received) in the Department's
Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee,
Florida 32399-3000, within 21 days of receipt of this notice. A copy of the Petition must
also be mailed at the time of filing to the Department, Suite 671, at the address
indicated above. Failure to file a petition within the 21 days constitutes a waiver of any
right such person has to an administrative hearing pursuant to Sections 120.569 and
120.57, Florida Statutes.
The petition shall contain the following information: (a) The name, address, and
telephone number of each petitioner; the Department's identification number for the
Consent Order and the county in which the subject matter or activity is located; (b) A
statement of how and when each petitioner received notice of the Consent Order; (c) A
statement of how each petitioner's substantial interests are affected by the Consent
Order; (d) A statement of the material facts disputed by petitioner, if any; (e) A
statement of facts which petitioner contends warrant reversal or modification of the
Consent Order; (f) A statement of which rules or statutes petitioner contends require
reversal or modification of the Consent Order; (g) A statement of the relief sought by
petitioner, stating precisely the action petitioner wants the Department to take with
respect to the Consent Order.
If a petition is filed, the administrative hearing process is designed to formulate
agency action. Accordingly, the Department's final action may be different from the
position taken by it in this Notice. Persons whose substantial interests will be affected
by any decision of the Department with regard to the subject Consent Order have the
right to petition to become a party to the proceeding. The petition must conform to the
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requirements specified above and be filed (received) within 21 days of receipt of this
notice in the Office of General Counsel at the above address of the Department.
Failure to petition within the allowed time frame constitutes a waiver of any right such
person has to request a hearing under Sections 120.569 and 120.57, Florida Statutes,
and to participate as a party to this proceeding. Any subsequent intervention will only
be at the approval of the presiding officer upon motion filed pursuant to Rule 28-
106.205, Florida Administrative Code.
A person whose substantial interests are affected by the Consent Order may file
a timely petition for an administrative hearing under Sections 120.569 and 120.57,
Florida Statutes, or may choose to pursue mediation as an alternative remedy under
Section 120.573, Florida Statutes, before the deadline for filing a petition. Choosing
mediation will not adversely affect the right to a hearing if mediation does not result in a
settlement. The procedures for pursuing mediation are set forth below.
Mediation may only take place if the Department and all the parties to the
proceeding agree that mediation is appropriate. A person may pursue mediation by
reaching a mediation agreement with all parties to the proceeding (which include the
City, the Department, and any person who has filed a timely and sufficient petition for a
hearing) and by showing how the substantial interests of each mediating party are
affected by the Consent Order. The agreement must be filed in (received by) the Office
of General Counsel of the Department at 3900 Commonwealth Boulevard, MS #35,
Tallahassee, Florida 32399-3000, within 10 days after the deadline as set forth above
for the filing of a petition.
The agreement to mediate must include the following:
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(a) The names, addresses, and telephone numbers of any persons who may
attend the mediation;
(b) The name, address, and telephone number of the mediator selected by the
parties, or a provision for selecting a mediator within a specified time;
(c) The agreed allocation of the costs and fees associated with the mediation;
(d) The agreement of the parties on the confidentiality of discussions and
documents introduced during mediation;
(e) The date, time, and place of the first mediation session, or a deadline for
holding the first session, if no mediator has yet been chosen;
(f) The name of each party's representative who shall have authority to settle or
recommend settlement; and
(g) Either an explanation of how the substantial interests of each mediating party
will be affected by the action or proposed action addressed in this notice of intent or a
statement clearly identifying the petition for hearing that each party has already filed,
and incorporating it by reference.
(h) The signatures of all parties or their authorized representatives.
As provided in Section 120.573, Florida Statutes, the timely agreement of all
parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57,
Florida Statutes, for requesting and holding an administrative hearing. Unless
otherwise agreed by the parties, the mediation must be concluded within sixty days of
the execution of the agreement. If mediation results in settlement of the administrative
dispute, the Department must enter a final order incorporating the agreement of the
parties. Persons whose substantial interests will be affected by such a modified final
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decision of the Department have a right to petition for a hearing only in accordance with
the requirements for such petitions set forth above, and must therefore file their
petitions within 21 days of receipt of this notice. If mediation terminates without
settlement of the dispute, the Department shall notify all parties in writing that the
administrative hearing processes under Sections 120.569 and 120.57, Florida Statutes,
remain available for disposition of the dispute, and the notice will specify the deadlines
that then will apply for challenging the agency action and electing remedies under those
two statutes.
24. The City shall allow all authorized representatives of the Department
access to the property and MS4 at reasonable times for the purpose of determining
compliance with the terms of this Consent Order and the rules and statutes of the
Department.
25. All submittals and payments required by this Consent Order to be
submitted to the Department shall be sent to the Florida Department of Environmental
Protection, NPDES Stormwater Section, 2600 Blair Stone Road, M.S. 2500,
Tallahassee, Florida 32399-2400
26. This Consent Order is a settlement of the Department's civil and
administrative authority arising under Florida law to resolve the matters addressed
herein. This Consent Order is not a settlement of any criminal liabilities which may arise
under Florida law, nor is it a settlement of any violation which may be prosecuted
criminally or civilly under federal law.
27. The Department hereby expressly reserves the right to initiate appropriate
legal action to prevent or prohibit any violations of applicable statutes, or the rules
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promulgated thereunder that are not specifically addressed by the terms of this Consent
Order.
28. The terms and conditions set forth in this Consent Order may be enforced
in a court of competent jurisdiction pursuant to Sections 120.69 and 403.121, Florida
Statutes. Failure to comply with the terms of this Consent Order shall constitute a
violation of Section 403.161(1)(b), Florida Statutes.
29. The Department, for and in consideration of the complete and timely
performance by the City of the obligations agreed to in this Consent Order, hereby
waives its right to seek judicial imposition of damages or civil penalties for any alleged
violations of the Permit through the date of the filing of this Consent Order.
30. The City is fully aware that a violation of the terms of this Consent Order
may subject the City to judicial imposition of damages, civil penalties up to $10,000.00
per day per violation, and criminal penalties.
31. Entry of this Consent Order does not relieve the City of the need to
comply with applicable federal, state or local laws, regulations or ordinances.
32. No modifications of the terms of this Consent Order shall be effective until
reduced to writing and executed by both the City and the Department.
33. The City acknowledges and waives its right to an administrative hearing
pursuant to Sections 120.569 and 120.57, Florida Statutes, concerning the terms of this
Consent Order. The City acknowledges its right to appeal the terms of this Consent
Order pursuant to Section 120.68, Florida Statutes, and waives that right upon signing
this Consent Order. However, the City does not waive its right to contest any future
agency action concerning the interpretation or implementation of this Consent Order,
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including but not limited to agency decisions as to whether the City has complied with
the requirements of this Consent Order.
34. The Department and the City have entered into this Consent Order to
resolve a dispute, without incurring the expense and delay associated with litigation.
The City's execution of this Consent Order, and the City's performance of the
requirements contained in this Consent Order, shall not be construed by the
Department as an admission or acknowledgment of guilt or liability by the City regarding
any issue.
35. This Consent Order is a final order of the Department pursuant to Section
120.52(7), Florida Statutes, and it is final and effective on the date filed with the Clerk of
the Department unless a Petition for Administrative Hearing is filed in accordance with
Chapter 120, Florida Statutes. Upon the timely filing of a petition this Consent Order
will not be effective until further order of the Department.
EXECUTED ON BEHALF OF THE CITY OF MIAMI this day
of 2003,
Title
DONE AND ORDERED this day of
in , Florida.
,200 ,
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Mimi Drew, Director
Division of Water Resource Management
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FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to §120.52
Florida Statutes, with the designated Department Clerk, receipt of which is hereby
acknowledged.
Clerk
Copies furnished to:
Date
Eric Livingston, Chief, Bureau of Watershed Management
Alejandro Vilarello, City Attorney
Albert Dominguez, Public Works Director
Michael Bateman, P.E. NPDES Stormwater Administrator
Geoffrey Rabinowitz, Compliance & Enforcement Manager
Rachel Siebert, NPDES Stormwater Attorney
File
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Submitted to.
� r
The State of Florida
Department of.'Environmental Protection
, 2002
November 21
Cit#ia of taxttt
CARLOS A. GIMENEZ
CITY MANAGER
November 21, 2002
Ms. Mimi Drew, Director
Division of Water Resource Management
Department of Environmental Protection
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399
P.O. BOX 330708
MIAMI. FLORIDA 33233.0708
(305)416-1025
FAX (305) 400-5043
(D (a r�o � �
��c�rvED
RE: Warning Letter #NPDES-SW-13-00099, Permit #FLS000002 NPOES
City of Miami Municipal Separate Storm Sewer System (MS4) P M R IAWATE R SECTION
Dear Ms. Drew:
This letter is to serve as the cover for our formal reply to the above subject Warning Letter.
Please be advised that I, along with the City Attorney, the Assistant City Manager for
Operations, and the Director of our Public Works Department met in Tallahassee with Mr.
Michael Bateman and his staff on November 6, 2002, to discuss the deficiencies and develop
a plan to resolve those deficiencies. We found this meeting to be productive and helpful in
getting us back on track. Your staff was concise in their analysis and constructive in their
suggestions rather than punitive in nature. We are thankful for their support and attitude.
Please note that the text of our response is formatted to follow the draft MS4 Stormwater
Inspection Report provided to us at the Tallahassee meeting of November 6th. This response,
which includes a dedicated budget for personnel, equipment, training, and consulting
services, reflects the strong commitment of the City of Miami to bring our NPDES Storm
Water Program into compliance. In fact, you will find that the City annually supplements the
storm water funding out of our General Fund in excess of $4 million.
I am confident that the implementation of this program, which is immediate, will place the
City of Miami in a more favorable light come the next site visit and will result in a cleaner
environment — the ultimate goal of the NPDES Storm Water Program.
Again, thanks to you and your staff for all the support.
'-i
CAG/FKR/sg 03- '75"7
c: Alejandro Vilarello, City Attorney
Frank K. Rollason, Assistant City Manager, Operations
• 11 _. T_ . ____- A _._._ _ T' _ _�_� T-.__.1._-.�� -C T__t l'_ [i 7___1__
MS4 STORMWATER INSPECTION REPORT — YEAR 5
(SUMMARY)
TABLE OF CONTENTS
Page #
APPROVED NPDES FUNDING FOR FY'03...............................................................................1
STRUCTURAL CONTROLS — MARGINAL.................................................................................3
Required Program Compliance..............................................................................................3
Actions Taken Toward Compliance for Year 5.........................................................................
3
Proposed Compliance Improvements Beginning Year 7 ...........................................................
3
CONSTRUCTION SITE CONTROLS — UNSATISFACTORY.......................................................4
Required Program Compliance..............................................................................................4
Actions Taken Toward Compliance for Year 5.........................................................................4
Proposed Compliance Improvements Beginning Year 7 ...........................................................5
MUNICIPAL WASTE FACILITIES — UNSATISFACTORY...........................................................
6
Required Program Compliance..............................................................................................6
Actions Taken Toward Compliance for Year 5.........................................................................
6
Proposed Compliance Improvements Beginning Year 7 ...........................................................6
ILLICIT DISCHARGE CONTROLS — MARGINAL.......................................................................7
Required Program Compliance..............................................................................................7
Actions Taken Toward Compliance for Year 5.........................................................................
8
Proposed Compliance Improvements Beginning Year 7 ...........................................................
9
HIGH RISK AND INDUSTRIAL FACILITY CONTROLS — UNSATISFACTORY ..........................10
RequiredProgram Compliance..............................................................................................10
Actions Taken Toward Compliance for Year 5.........................................................................10
Proposed Compliance Improvements Beginning Year 7...........................................................11
PEST, HERB, AND FERTILIZER APPLICATION — SATISFACTORY.........................................12
Required Program Compliance..............................................................................................12
Actions Taken Toward Compliance for Year 5.........................................................................12
Proposed Compliance Improvements Beginning Year 7...........................................................12
MONITORING RECORDS — SATISFACTORY.............................................................................12
Required Program Compliance..............................................................................................12
Actions Taken Toward Compliance for Year 5.........................................................................12
Proposed Compliance Improvements Beginning Year 7...........................................................12
ROADWAYS — SATISFACTORY................................................................................................
13
Required Program Compliance..............................................................................................13
Actions Taken Toward Compliance for Year 5.........................................................................13
Proposed Compliance Improvements Beginning Year 7...........................................................14
Exhibit # 1: Department of Public Works Bulleting Nos. 25 (4 pages) and
26 (1 page) and Engineering Specifications Misc. 35-89-6 (4 pages) ......................
15
Exhibit #2: Violation of Permit Notice and Dewatering Permit (2 pages) .................................... 24
- '7 5 i
Exhibit # 3: Qualified Stormwater Management Inspector (5 pages) ...................................... 327
MS4 STORMWATER INSPECTION REPORT —YEAR 5
(SUMMARY}
TABLE OF CONTENTS (CONTINUED)
Page #
Exhibit # 4: "Red Stamp" and Additional "Red Stamp.. ............................................................... 32
Exhibit # 5: Section 400-6 Discharge of Construction Excavation Waste Water (2 pages)......... 34
Exhibit # 6: Erosion and Sediment Control Inspection Form ...................................................... 36
Exhibit # 7: GSA Waste Disposal Records Year 5......................................................................37
Exhibit # 8: Industrial Inspection Form (2 pages)........................................................................38
Exhibit # 9: Section 4.9 — Narrative Report for Spill Response (2 pages)...................................40
Exhibit # 10: Pamphlets and Brochures....................................:.................................................42
Exhibit # 11: High Risk/ Industrial Facilities.............................................................................. 43
Exhibit # 12: Top 9 Critical Industrial Sites..................................................................................44
Exhibit # 13: Industrial Sites with Overflow Discharge to the MS4..............................................45
03- 757
Approved NPDES Funding for FY `03
Salaries (including overhead and fringes) Recurring Non-Recurrin
Professional Engineer III
$
112,000
Professional Engineer II
$
100,000
Engineer I
$
80,000
Engineer Technician III (4)
$
256,000
GIS Technician
$
96,000
Senior Accountant
$
80,000
Typist Clerk III
$
40,000
Total
$
764,000
Expenses
Training, travel and per diem $ 15,000
Office supplies and printing $ 8,500
Chemical testing equipment and kits $ 2,500
Communication $ 2,500
Books, Publications, Memberships $ 1,500
Total $ 30,000
Capital Outlay
Office Equipment $ 30,000
Field equipment (Radios, Sewer inspect. cameras, Laptops, etc.) $ 28,000
Vehicles (4) $ 65,000
Total $ 123,000
Consultant Services
Professional Services
Services Include: Laboratory testing, Sampling, and technical
Total $ 350,000
Contractual Services
System cleaning contract $ 750,000
Canal and water front cleaning $ 330,000
Total $1,105,000
Sub -Total $2,249,000 $ 123,000
Program Total $ 2,388,000
o3— 75�i
1
City of Miami Stormwater Utility Trust Fund FY `03
Revenues:
$ 8,962,242
Expenditures:
Stormwater-related Costs in Fire, Solid
Waste and Public Works
NPDES Permit Program
Capital Projects
Total $
2
FY 2003
FY 2003
General Fd.
Allocation
Full Cost
Subsidy
4,125,000
8,517,220
(4,392,220)
2,388,000 2,388,000 -
2,449,242 2,449,242 -
8,962,242 13,354,462 (4,392,220)
U3- 757
MS4 STORMWATER INSPECTION REPORT — YEAR 5
(SUMMARY)
STRUCTURAL CONTROLS - MARGINAL
Required Program Compliance:
• Storm Water Treatment Ponds: None within the City of Miami.
• 4 Pump Stations :
• Inspection frequency Semi-annually.
• Maintenance frequency as -needed basis.
• Exfiltration Trench:
• Inspection frequency Semi-annually.
• Maintenance frequency as needed basis.
• Pollution Control Boxes:
• Inspection frequency annually.
• Maintenance frequency as needed.
Actions Taken Toward Compliance for Year 5:
• Storm Water Treatment Ponds: None within the City of Miami.
• 4 Pump Stations:
• Inspection frequency Weekly by Condo Electric, Inc.
• Maintenance frequency Weekly by Condo Electric, Inc.
• Exfiltration Trench:
• Inspections were performed during the pollution control box site visits.
• Maintenance by Public Works included cleaning of 86,713 linear feet of pipe, and
114 drainage wells.
• Maintenance by a private contract, funded by FEMA included cleaning of 168,188 lin.
ft. of pipe citywide.
• Pollution Control Boxes:
• Inspections were performed at 957 complaint locations.
• Maintenance included the cleaning of Fairlawn Outfall and West End Outfall pipes.
• Inspection included the TV survey Wagner Creek Culvert for illicit connections.
• Maintenance by Public Works included cleaning of 2,674 inlets and 304 manholes.
• Maintenance by private contract funded by FEMA included the cleaning of 2,110
structures citywide.
Proposed Compliance Improvements Beginning Year 7:
4 Pump Stations:
• Inspection frequency Weekly by private contractor.
• Maintenance frequency Weekly by private contractor.
Exfiltration Trench:
• Inspection frequency semi-annually, performed by four (4) trained field inspectors
assigned to each quadrant of the City based on a prescribed schedule in addition to
complaints. A summary of inspections will be included in annual reports.
• Maintenance frequency as needed basis, summarized in annual reports.
Pollution Control Boxes:
Inspection frequency annually, performed by four (4) trained field inspectors assigned
to each quadrant of the City based on a prescribed schedule in addition to
complaints. A summary of inspections will be included in annual reports.
Maintenance frequency as needed summarized in annual reports.
03- 75'7
3
MS4 STORMWATER INSPECTION REPORT — YEAR 5
(SUMMARY]
CONSTRUCTION SITE CONTROLS - UNSATISFACTORY
Required Program Compliance:
Construction site runoff — site planning &structural and non-structural Controls:
• Provide Code Regulations related to erosion and sediment controls.
Construction site runoff — inspection and enforcement:
• Enforcement frequency as -needed based on demonstrated lack of prevention
control.
• Maintain internal log of inspections performed.
• Provide proper training of personnel in sediment and erosion control.
Construction Site runoff — site operator training:
• Implement "Red Stamp" program.
• Develop procedures to notify building permit applicants of NPDES regulations for
construction site runoff. Include summary of procedures in annual reports.
• Implement procedures to notify building permit applicants of NPDES regulations for
construction site runoff.
Actions Taken Toward Compliance for Year 5:
Construction site runoff — site planning & structural and non-structural Controls:
• Code Regulations and Engineering Standard were authorized and implemented in
Year 2; however, a copy was not included in the Year 5 report. Attached is a full copy
of all regulation and standards. (Exhibit # 1)
• A "stop work" order is the primary enforcement tool for compliance. Monetary
penalties are enforced for specific code violations.
Construction site runoff — inspection and enforcement:
• Inspection and enforcement was conducted by Public Works Line and Grade and
Code Enforcement staff during routine set back inspections and in response to
identified problem construction sites and complaints.
• Internal log of "Violation of Permit Notices" and "Dewatering into Right of Way"
permits were performed by each inspector. Seven (7) Notices and 7 permits were
issued in Year 5. Samples of each are attached for your review. (Exhibit # 2)
• Five DEP Qualified Erosion and Sediment control inspectors have been trained.
Certificates attached. (Exhibit # 3)
• Two Engineers have received DEP Certified training as official trainers.
Construction Site runoff — site operator training:
• Implemented "Red Stamp" program. Sample "red stamp" attached. (Exhibit # 4)
• Procedures have been developed to notify building permit applicants of NPDES
regulations for construction site runoff.
• Implemented procedures to notify building permit applicants of NPDES regulations
for construction site runoff.
• Implemented erosion control methods on all construction projects. Attached is a copy
of Section 400-6 of the City's Standard Contract Documents and Specifications.
(Exhibit # 5)
03- '7 5'7
4
MS4 STORMWATER INSPECTION REPORT — YEAR 5
(SUMMARY)
CONSTRUCTION SITE CONTROLS — UNSATISFACTORY (Continued)
Proposed Compliance Improvements Beginning Year 7:
The City Code Regulations, Engineering Standards and notification stamps are all in place. The
procedure to notify all contractors has been established. The following improvements will enhance
notification, inspection and enforcement of erosion and sediment control of construction site runoff:
• All appropriate Building and Zoning Inspectors, Public Works Line and Grade Inspectors,
Capital Improvements Construction Inspectors, and appropriate Code Enforcement
Inspectors assigned to the City's NET Service Center will be trained and qualified, in
accordance with DEP regulations, in erosion and sediment control inspection and
enforcement. Training will be accomplished within 1 year.
• Attach erosion and sediment control plan details and bulletin requirements to each and
every set of site construction plans.
• Include erosion and sediment control requirements in Division 2, Special Provisions, of the
City of Miami Construction Specification Book and include details in Division 5, Engineering
Standards on all City of Miami Construction projects.
• Notice of Intent — NOI for 1 acre and more will be required after March 2002 by plans
reviewers and construction inspectors.
• Appropriate inspectors will maintain a log, by completion of inspection report, or erosion and
sediment control site inspections. (Exhibit # 6)
• Inspections will be conducted at City Construction projects during each site visit inspections.
• Inspection of building sites will be conducted at time of line and grade inspection, as needed
during routine building inspections and in response to complaints.
• All inspections and enforcement action will be documented in the annual reports.
03- '7 5'7
-1
MS4 STORMWATER INSPECTION REPORT — YEAR 5
(SUMMARY)
MUNICIPAL WASTE FACILITIES - UNSATISFACTORY
Required Program Compliance:
Municipal Waste Facilities:
• Provide maintenance records for exfiltration system annually.
Actions Taken Toward Compliance for Year 5:
Municipal Waste Facilities:
• The exfiltration drainage system and the pollution control structures protecting the
exfiltration trench are services regularly by IPC/Magnum Environmental Services.
IPC/Magnum performed inspections and cleaning of the pollutant control structures
as shown on the attached maintenance record for this facility. (Exhibit # 7) Based on
their inspection report, the pollution control structures functioned properly by
protecting the exfiltration trench and no maintenance of the trench itself was required
during the fifth year of the permit. This service fully complied with the requirements of
the City's NPDES permit.
• In addition, the City's General Services Administration properly maintained the City's
fleet by collecting and disposing / recycling the following items further protecting the
ground and surface waters:
• 1,315 gal. Used coolant.
• 3,340 gal. Oily water.
• 3,550 gal. Sludge.
• 2,900 lbs. Used oil filter.
Proposed Compliance Improvements Beginning Year 7:
• A more detailed report and inspection records from the City's maintenance contractor will be
included in the City's annual reports.
• A City NPDES inspector will verify the contractors maintenance report monthly.
03— 757
MS4 STORMWATER INSPECTION REPORT - YEAR 5
(SUMMARY)
ILLICIT DISCHARGE CONTROLS - MARGINAL
Required Program Compliance:
• Illicit discharges and improper disposal - inspections, ordinances and enforcement
measures:
• Enforce City Ordinance 6145 and County Code section 24-11(3) controlling illegal
discharges to surface waters and storm sewers.
• Illicit discharges and improper disposal - Field screening.
• Conduct field screening of MS4 for illicit discharges and improper disposal and
maintain a log record.
• Collect inventory information of outfalls, including updates to MS4.
• 411icit discharges and improper disposal - Investigations of Suspected illicit and/or improper
disposal:
• Implement investigative procedures to identify, report, and terminate sources of illicit
connections.
• Provide training of appropriate staff in identifying and reporting illicit discharges and
illicit connections.
• Illicit discharges and improper disposal - Spill prevention and response:
• Provide training of appropriate personnel in spill prevention and response and in
techniques to mitigate pollutant discharges from spills to the MS4 and surface
waters.
• Illicit discharges and improper disposal - Public notification:
• Implement public awareness and reporting annually.
• Maintain citizen complaint log for illicit discharges annually.
• Illicit discharges and improper disposal - Oil, toxics and household hazardous waste control:
• Update City/County negotiations on additional oil & haz. waste collection site.
• Implement outreach program.
• Actively promote and support a voluntary stenciling program.
• Illicit discharges and improper disposal - limitation of sanitary sewer seepage:
• Implement program to limit sanitary sewer seepage to MS4.
• Advise appropriate utility owner of any wastewater contamination during field
screening or routine inspections.
03- '75'7
7
IVIS4 STORMWATER INSPECTION REPORT — YEAR 5
(SUMMARY)
ILLICIT DISCHARGE CONTROLS — MARGINAL (Continued)
Actions Taken Toward Compliance for Year 5:
• Illicit discharges and improper disposal — inspections, ordinances and enforcement
measures:
• All City inspectors are authorized to enforce City and County Code Regulations.
Illicit discharges and improper disposal — Field screening annually:
• An inventory and field screening of all 262 outfalls was completed in Years 2 and 4
by Consulting Engineering and Science (CES). From this information, 9 sites were
identified for follow-up investigations; however, no dry weather flow was detected
during subsequent visits. Collection and analysis will resume once dry weather flow
resumes.
Illicit discharges and improper disposal — Investigations of Suspected illicit and/or improper
disposal:
• No complaints of violations were received in Year 5 from citizens or City inspectors
that prompted an investigation and formal report. As a follow-up verification, 22 spot
investigations of industrial sites were conducted at the close of Year 5 that did not
reveal violations. Sample attached. (Exhibit # 8)
• Initial training of staff to identify illicit discharges was informal. Formal training is
currently underway via videotape and power point lessons.
Illicit discharges and improper disposal — Spill prevention and response:
• Fire and Rescue Department Haz-Mat team conducts monthly training and multi
agency drills. Complete analysis in fifth year report attached. (Exhibit # 9)
Illicit discharges and improper disposal — Public notification:
• Complete analysis in fifth year report. Program includes broadcasting Hotline
numbers on City Cable Channel 9.
• Complaints are logged on the City's Complaint Tracking System database.
Illicit discharges and improper disposal — Oil, toxics & household hazardous waste control:
• The City continues to use exiting County collection sites for residential disposal
needs.
• Outreach program for oil and hazardous Waste Control distributed to the public
includes those materials shown on the enclosed attachment. (Exhibit # 10)
• Stenciling of drainage inlets was completed in the critical Wagner Creek drainage
basin area.
Illicit discharges and improper disposal — limitation of sanitary sewer seepage:
• City Code prohibits discharge to sanitary sewers from any sources other than
wastewater.
• Advise appropriate utility owner of any wastewater contamination during field
screening or routine inspections.
• City Code and County Code prohibits septic tank permits to be issued where sanitary
sewer service is available.
• Coordinate with County on discovery of illegal connections between sanitary sewer
system and storm water sewer system.
• Complete d a $129,500 project to disconnect several sanitary/ storm sewer cross
connections discovered by smoke testing.
• Continue cooperation with Miami -Dade Water and Sewer Department and Miami -
Dade Department of Environmental Resources Management to control sanitary
sewer seepage into the drainage systems. Permits and information gathering was
expedited for sanitary sewer upgrading project.
03- '75'7
0
MS4 STORMWATER INSPECTION REPORT — YEAR 5
(SUMMARY)
ILLICIT DISCHARGE CONTROLS — MARGINAL (Continued)
Proposed Additional Compliance Beginning Year 7:
• Continued dry weather sampling and testing of high priority outfalls identified during initial
dry weather screening.
• Coordinate consultants' work with City NPDES field inspectors.
• Continue formal training and certification of appropriate City inspectors for illicit discharge
identification and enforcement utilizing videotape and power point presentations and video
lessons.
• Implement a routine schedule of illicit detection investigations by four NPDES City inspectors
assigned to the quadrants of the City.
• Enter into consultant agreement for sampling and testing of identified illicit discharge
locations.
• All investigations, sampling, testing and eventual enforcement will be logged and
summarized in annual report.
• Within the next year, the City will enter into a formal agreement with Miami -Dade County for
the disposal of oil and hazardous household waste.
• Stenciling program will continue to the next highest ranking critical drainage basin.
• Continue cooperation with Miami- Dade County in identifying and disconnecting illegal
connections to the sanitary sewer system.
03— '75%
E
MS4 STORMINATER INSPECTION REPORT — YEAR 5
(SUMMARY)
HIGH RISK AND INDUSTRIAL FACILITY CONTROLS - UNSATISFACTORY
Required Program compliance:
Industrial and high risk runoff — identification of priorities and procedures for inspections:
• Develop inventory of existing high risk facilities discharging to MS4 frequency
annually.
• Prioritized identified high risk facilities.
• Develop procedures for inspection of identified high risk facilities and include
summary of procedures and inspection schedule frequency annually.
• Begin inspections of high risk facilities and log results.
• Maintain list of industrial sources discharging to MS4 and update annually.
Industrial and high risk runoff — Monitoring:
• Provide description of Monitoring program for the high risk facilities discharging into
MS4.
• Implement Monitoring Program.
Actions Taken Toward Compliance for Year 5:
Industrial and high risk runoff — identification of priorities and procedures for inspections:
• A complete inventory of high risk/ industrial facilities in the City was completed in
Year 1 of the NPDES permit. Attached is a comprehensive list. (Exhibit # 11)
• Based on the dry weather screening results completed in Year 4, the most critical
industrial sites were identified. The top 9 critical sites are identified on the attached
list. (Exhibit # 12)
• Training of staff for high risk / industrial facility inspection has been informal.
Subsequent to Year 5, formal training is being conducted. The illicit detection
program and the high risk/ industrial facilities control program are linked and
investigative procedures are complementary to both. A procedure to jointly inspect
high risk/ industrial sites, in accordance with DERM inspection criteria, was
developed based on dry weather screening results and complaints. This procedure is
described in detail in Year 1 of the City's annual report and was implemented during
subsequent reporting years. As reported in the illicit section, dry weather flow was not
detected at the critical site locations and no complaints were received by the Public
Works Department. As a result, no formal inspection reports were completed in Year
5. Follow up verification of 22 industrial sites was conducted at the close of Year 5,
and no violations were identified. Sample of one inspection report is enclosed.
(Exhibit # 8)
• The list of industrial sites with overflow discharge to the MS4 remains unchanged.
Attached is a copy of the list. (Exhibit # 13)
Industrial and high risk runoff — Monitoring:
• No formal monitoring was conducted in Year 5.
03- 757
10
MS4 STORMWATER INSPECTION REPORT — YEAR 5
(SUMMARY)
HIGH RISK AND INDUSTRIAL FACILITY CONTROLS — UNSATISFACTORY (Continued)
Proposed Compliance Improvements Beginning Year 7:
• Appropriate staff will be formally trained in high risk and industrial facility including four (4)
technicians positions exclusively assigned to NPDES inspections in the City's quadrants
within the next year.
• Each industrial site located within a discharge basin will be inspected annually. Follow-up
investigation as required.
• Each industrial site with an overflow discharge will be investigated semi-annually with follow-
up inspections if violations are identified.
• The City will retain an environmental consultant to develop a program for the monitoring of
the critical industrial sites identified on the attached list (Exhibit # 12) within year 7. If
necessary, the consultant will include in the program testing in accordance with Part 11.8.b on
page 22 of the City's NPDES permit.
• The City and consultant will implement the monitoring program develop by the consultant
within Year 7 and subsequent years.
;-- 7 5 7
11
MS4 STORMWATER INSPECTION REPORT — YEAR 5
(SUMMARY)
PEST, HERB, AND FERTILIZER APPLICATION - SATISFACTORY
Required Program Compliance:
Pesticide, Herbicide, Fertilizer:
• Evidence of certification and licensing.
• Implement program for reduction, proper application, mixing and storage.
• Attendance of vendor sponsored seminars.
• Maintenance of safety data sheets for materials and storage.
• Develop outreach program for reduction of fertilizers as needed.
• Implement public outreach education program frequency by -annually.
Actions Taken Toward Compliance for Year 5:
• Two (2) Register Pesticide Applicators in the Parks Department. Certificates are included in
the fifth year report.
• One (1) Register Pesticide Applicator in Melreese Golf Course. Certificates are included in
the fifth year report.
• Applied pesticides, herbicides, and fertilizers complying with MEP discharge. Data sheets
are included in the fifth year report.
• Registered user attends monthly vendor sponsored meetings. -
• Continue reliance on slow release fertilizers, pesticides and herbicides.
• Educational videos utilizing City Cable Channel 9.
Proposed Compliance Improvements Beginning Year 7:
• Continue with the Stenciling "do not pollute" program.
• Update Public information brochures to refer City of Miami web and contact numbers.
• Maintain Current Certification and Licensing.
MONITORING RECORDS SATISFACTORY
Required program compliance:
Monitor and record all 262+ outfalls every two years — CONSULTANT
Implement a GIS record of the storm sewer system with all the existing and proposed
structures.
Actions Taken Toward Compliance for Year 5:
• Recording and screening of all 262 outfalls ahs been completed.
• Priority outfalls for additional sampling and testing have been identified.
Proposed Compliance Improvements Beginning Year 7:
Enter into consultant agreement to continue dry weathering screening of outfalls and
sampling and testing of high priority sites.
Implement a GIS record of the storm sewer system with all existing structures and systems.
12 03- '757
MS4 STORMWATER INSPECTION REPORT — YEAR 5
(SUMMARY)
ROADWAYS - SATISFACTORY
Required Program Compliance:
Roadway Maintenance:
• Structural control maintenance.
• Litter control program description:
1. enforcement
2. solid waste pickups
3. street sweeping
4. pressure cleaning
5. litter container service
6. blower service
7. vactor truck
8. education
• Street sweeping program frequency annually.
• Reevaluate routs for street sweeping and load reduction.
• Implement road repair practices frequency as -needed.
• Implement program to reduce pollutants in storm water runoff from municipal facilities
frequency as needed.
Actions Taken Toward Compliance for Year 5:
Roadway Maintenance: Litter control program:
• Structural Control Program addressed under "Structural Controls" topic (page 3)
• Solid Waste purchased 800 litter containers.
• Enforcement of 8,211 inspections, 3,154 Warning notices, 850 sanitation code
enforcement civil violations.
• Solid Waste pickups: frequency twice per week household garbage collection and
once a week collection of large trash/bulky waste, collection of recyclable materials:
178,853 tons of debris.
• Street sweeping: seven nights per week along arterial roads and main commercial
corridors including weekly sweeping of produce area at Upper Wagner Creek: 30
miles/day with 7 sweepers: 2,000 tons a year.
• Purchased 2 pressure cleaning machines.
• 1,300 litter containers emptied seven nights per week.
• Blower service for cleaning streets and sidewalks citywide.
• Vactor truck cleaning addressed under "Structural Controls" topic (page 3)
• Citywide education by distributing flyers, brochures, broadcasts public service at
Channel 9.
• Street sweeping program implemented.
• Street sweeping routes prioritized as reported above.
• Implement road repair practices frequency as -needed.
• Implemented program to reduce pollutants in storm water runoff from municipal
facilities: 1,315 gal. used coolant and 3,340 gal. of oily water disposed properly.
03- '75'7
13
MS4 STORMWATER INSPECTION REPORT — YEAR 5
(SUMMARY)
ROADWAYS —SATISFACTORY (Continued)
Proposed Compliance Improvements Beginning Year 7:
• Continue to implement SWMP, and the standard road repair practices to reduce pollutants.
• Training and educating of additional inspectors/ engineers and personnel (BMP and Erosion
Control)
• Daily Spill kits on all trucks and coordination with the Haz-Mat team (Fire - Rescue).
• Daily Litter Control Enforcement (Container Service).
• Weekly Solid Waste Pick—up Program.
• Annual Street Sweeping for NPDES routing — CONTRACT specifically for NPDES program.
• Annual Pressure Cleaning Program — CONTRACT specifically for NPDES program.
�3- '75'7
14
EXHIBIT # 1
DEPARTMENT OF PUBLIC WORKS BULLETIN
BULLETIN NO. 25
Subject: DISCHARGE OF EXCAVATION WASTE WATER, EROSION
AND SEDIMENT CONTROL FOR CONSTRUCTION SITES
Issue Date: March 31, 1998 (Rev.)
Approved:
James J. Kay, P.E., D ector
The Code of the City of Miami contains the following provisions:
Sec. 49-4.
"It shall be illegal to discharge wastewater, stormwater or groundwater from a
construction excavation into a city storm sewer until the rules, regulation and
requirements of the Department of Public Works governing such discharge have
been fulfilled and a permit has been obtained from such department allowing
same."
Sec. 49-5.
"It shall be illegal to dump or discharge the contents of septic tanks into city
sanitary or storm sewers by any manner or means whatsoever."
Upon conviction, violators of these provisions shall be fined and / or imprisoned. Each day the
violation continues shall constitute a separate offense.
Pursuant to Sec. 49-4 and the City's National Pollutant Discharge Elimination System (NPDES)
Permit FLS000002, the Department of Public Works has established the Rules, Regulations and
Requirements relating to discharges originating from construction activities and construction sites
including but not limited to: discharge of construction excavation water to the public right-of-
way, sediment runoff and erosion. Copies are on file in the Department and are available for all
concerned.
It shall be the duty of City of Miami inspectors to enforce City Code Sections 494, 49-5, in
addition to complying with the requirements of the City NPDES permit and the above mentioned
Rules. Where violation is observed, the inspector shall in proper form and manner enforce the
violation and pursue the matter in the courts where necessary.
03- 757
15 Page 1 of 4
EXHIBIT # 1
Rules, Regulations and Requirements
of the
Department of Public Works
The City of Miami, Florida
relating to
DISCHARGES ORIGINATING FROM CONSTRUCTION SITES OR RESULTING FROM
CONSTRUCTION ACTIVITIES
The Code of the City of Miami contains the following restrictions regarding the
Discharge of Construction Excavation Waste Water.
Sec. 49-4.
"It shall be illegal to discharge wastewater, stornwater or groundwater from a
construction excavation into a city storm sewer until the rules, regulation and
requirements of the Department of Public Works governing such discharge have
been fulfilled and a permit has been obtained from such department allowing
same."
II. The Rules, Regulations and Requirements of the Department of Public Works in this
matter are as follows:
A. The discharge of wastewater from a construction excavation into a City storm
sewer is prohibited unless a permit authorizing the discharge is obtained from the
Department of Public Works.
1. All contractors are required to obtain approval from the Department of
Public Works as to their proposed method, manner and location for the
disposal of waste water from any excavation, prior to their application for
permit, for such de -watering from the Building Department.
2. The following procedures shall be followed for wastewater discharges
from construction excavations:
a) All necessary pumping shall be performed in a workmanlike manner.
b) All necessary labor, equipment and appurtenances for final disposition
of the wastewater shall be provided at no expense to the City of
Miami.
03- 757
16
Page 2 of 4
EXHIBIT # 1
c) Waste water shall be disposed of in such manner as not be iniurious to
the public health and welfare, or to public or private propem . or the
surface of streets.
d) The discharge of waste water shall not limit the full use of public
streets or private driveways except as approved in writing by the
Department of Public Works.
e) The contractor shall be fully responsible for the settlement of or
damage to any street or adjacent property due to pumping or other
operations necessary to dispose of waste water.
f) All gutters, drains, culverts and the like shall be kept clean and open at
all times for normal surface drainage, unless certain damming or .
ponding is approved in writing by the Department of Public Works.
g) No flow of water may be directed across or over a sidewalk or
pavement except through pipe, troughs or flumes approved in writing
by the Department of Public Works. Placement and removal of such
pipes, troughs or flumes shall be done at no expense to the City.
h) The used of sanitary sewers, french drains, covered ditches, and/or
rock drains for the disposal of waste water is expressly prohibited.
i) Where conditions warrant, the Department of Public Works may
approve the pumping of waste water into a storm sewer, but prior
approval shall be obtained in writing and the waste water shall be
filtered (or settled) in a manner approved by the Department.
Discharge of waste water under these conditions shall be stopped
immediately if the filtering device becomes silted, clogged, ineffective
or inoperative for any reason. When the unsatisfactory condition has
been corrected, pumping may be resumed.
j) If it is the opinion of the Department of Public Works that excessive
solids or fines have been discharged into a storm sewer, the Contractor
shall, upon written order, clean the storm sewer in a manner
satisfactory to the Department.
B. Direct or indirect runoff and / or erosion from any site of construction to the
public right-of-way shall be deemed a nuisance and a violation of the City of
Miami National Pollutant Discharge Elimination. System Permit (NPDES), to be
ceased immediately. Non compliance is subject to enforcement action and / or
withholding of Certificate of Occupancy, and in the case of a City contract,
withholding of payment.
03- '757
17 Page 3 of 4
EXHIBIT # 1
1. Acceptable best management practices and / or structural and non structural
controls shall be implemented for erosion and sediment control during
construction activities. These controls consist of: but are not limited to:
temporary grassing, temporary sodding, temporary mulching. sandbagging.
Slope drains, sediment basins, sediment checks. berms. baled hav or straw.
floating turbidity barrier, staked turbidity barrier, and silt fence.
2. Design details are available in the City of Miami Engineering Standards for
Design and Construction on file in the Public Works Department. Alternative
methods of control must be approved by the Director of Public Works. or his
designee.
III. On-site inspection and approval of construction sites shall be enforced by the City of
Miami Building Department, Inspection Services Division.
IV. Inspection and approval of public right-of-way adjacent to the construction site shall be
enforced by the City of Miami Department of Public Works, Construction Division..
THE FOREGOING RULES, REGULATIONS AND
REQUIREMENTS ARE HEREBY ESTABLISHED,
PUBLISHED AND ORDERED, EFFECTIVE MARCH 31,
1998
03- 757
18
Page 4 of 4
EXHIBIT # 1
DEPARTMENT OF PUBLIC WORKS BULLETIN
BULLETIN NO. ? 6
Subject: DISCHARGE OF STORMWATER TO PUBLIC SEWERS
FROM PRIVATE PROPERTY
Issue Date:1i APR�L a�1999 (Rev.)
Approved:
James J. Kay, P.E., IArector
1. The South Florida Building Code (SFBC) Section 4611.1 (Disposition of Rainwater)
provides for alternate methods of rainwater disposal including direct and indirect disposal
to Public Storm Sewers.
2. Pursuant to Section 4611.1 of the South Florida Building Code and the City's National
Pollutant Discharge Elimination System (NPDES) Permit FLS000002, the Department of
Public Works has established the following Rules, Regulations and Requirements: .
A. Direct and/or indirect flow of rainwater from private property to public
storm sewers will not be approved by the Department of Public Works for any
new development of private property.
B. Existing direct and/or indirect flow of rainwater from existing private
structures or developments to public storm sewers shall be terminated and an
approved on-site disposal system provided when the property has a demonstrably
rational and substantial impact on the public right-of-way or violates the City's
NPDES permit requirements.
1. On-site drainage systems shall be approved and inspected by the City of Miami Building
Department, Plumbing Division, Miami -Dade Department of Environmental Resources
Management (DERM) and the Florida Department of Environmental Protection (FDEP).
2. Abandonment or removal of existing private systems within the public right-of-way shall
be approved and inspected by the Public Works Department.
03- "75'7
19
EXHIBIT # 1
k
0 3 —
75"7
V-F%wolON AND SEDIMENT CONTROL FOR CONSTRUCTION SITES
03— 7578m i ff4
DR: HLB DEPARTMENT OF PUBLIC WORKS
cK = L.J.H. uo SCALE CITY OF M I fio FLOR I OR
MIsc.
4-98 1 35-89-6
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V-F%wolON AND SEDIMENT CONTROL FOR CONSTRUCTION SITES
03— 7578m i ff4
DR: HLB DEPARTMENT OF PUBLIC WORKS
cK = L.J.H. uo SCALE CITY OF M I fio FLOR I OR
MIsc.
4-98 1 35-89-6
EXHIBIT # 1
II• T
SD' On Centers f TTp. I
As Requires N
•I i
li• I•
A aVf Fora Wlln 2 T r Z. e' PLAN
Poem Per Bae. Ovtrpp Etas
Fill Sloim
ELEVATION
TO BE USED AT SELECTED SITES WHERE THE
NATURAL GROUND SLOPES TOWARD THE TOE Or SLOPE
"rye A Or B face
Note: Was to of swtr of the
eircllon of me Etpineer.
@19WL,mass Soil Pfpactd Br srmv Aro
LLprry CeeasUea A4*'0 Uosrrtotr
face Of Blas.
BALES BACKED BY FENCE
Amfor a" WHA 2 - Zi Z+ e-
SwerM Sfdat Per pmt.
4mk—�
O --
_
Dint(El
--- DitchCur. L Gutter CUrO i Gurfer
PARTIAL INLET COMPLETED INLET DITCH BOTTOM INLET
PROTECTION AROUND INLETS OR SIMILAR STRUCTURES
FLor
Bald To But? ,
— AltYn. Bare: Wtrn z -rz r r
Sides Per Bale.
PLAN Loose Son Pteced BT Sl" Atd UpVtt
6'wn. Caoxree AArp The Uortrsae Edge Of Bales.
Fru S+ow
ELEVATAV
TO BE USED AT SELECTED SfTES WHERE THE
NATURAL GROUND SLOPES AWAr FROM THE TOE OF SLOPE
BARRIERS FOR FILL SLOPES
INFORMATION ADAPTED FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION'S STATE DRA/NAGE MANUAL.
EROSION AND SEDIMENT CONTROL FOR CONSTRUCTION SITES 03— 7 5
9M2ff4
DR: Nie
DEPARTMENT OF PUBLIC WORKS
uo SCALE CITY OF M IFA , FLORIDA
M I sC .
CK: L.J.H.
4-98
35-89-6
EXHIBIT # 1
57
7
Acrjz Saacirps sawn in tniS enact ate emed en
FLOW RATES ( CFS )
peneroritee Dorroirions and sraia ee adjusted
very Lip+t < 5
msed on oetwi$at pertorwcrct a nrorw1k
Py > 5 < q
connurorions.
ttooerott > � < �5
Mea.y > t5 < 25
very heavy > 25 < 40
LEGEND
F*w
SOILS
Sols
t i
Calesiya won Conesive
Firm LOOM Cine $ono
\\
Cby Sonar Course Sona
_
- -
\
CbYs Cro.els -
\\ I
NOraDOr's Soncy Loan
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Co.uider use Of
I
refneorwy Sad !
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50 170 150 200 250
300 350 400
Spxinq fin Feel
CHART I
RECOMMENDED SPACING FOR TYPE I AND TYPE II HAY BALE BARRIERS. AND TYPE III SILT FENCES
INFORMATION ADAPTED FROM THE FLORIDA DEPARTMENT OF TRANSPORTATVON'S STATE DRAINAGE MANUAL..
EROSION AND SEDIMENT CONTROL FOR CONSTRUCTION SITES
A _
4 O
9W
PDR:B
DEPARTMENT OF PUBLIC WORKS
CITY OF Mf �(}� FLOR I DA
M I Sc.
4-98
35 -89-6
uo scup
57
EXHIBIT # 1
i ,- Sae
Sod
sada. Soil P%cd
Shwd Ard Lpowl
PLAN coolowrod AAarp ucrrrsa.
Edge Of awes.
ArCrdr ares with 1 Z s 7 s r
shwas Per Bae. RCN Past
r min. Remwea>,r w
ELEVATION
Soaclr¢ Bowe Carriers for ON dlld - Vold be sowed In aygreac* -Ith
Chard.
BARRIER FOR PAVED DI TCH
PLAN
LOOS* Sell Plocd Br Srwel Aro L14Wtf
Caoxi4v Abe rhe urstrom Eope Of ares.
Ron
Post
Ili" rAt A. Rea wwwad ./ S'Trp, rmin. Rmn.wwd
Anybr (aver gores with 1 •7a 2'y rStota Per Bog.
Armor top gad To (Ower ares with 2 -2's 1'r rStma Per ave. Arcnor Bad with 2 Z s 2's *"SIOta Per gore
ELEVATION ELEVATION
AaWkotlon Ord Spocrrq The Sts of Typwt l ♦ II Cae earners maid be Ihelted to tty
nadlllaw Ountrw In CnortL
TYPE Z TYPE I
BARRIER FOR UNPAVED DITCHES
INFORMATION ADAPTED FROM THE FL.ORVA DEPARTMENT OF TRANSPORTATIONS STATE DRAINAGE MANIAAL.
EROSION AND SEDIMENT CONTROL FOR CONSTRUCTION SITES 0 3 — 7 5
SM8ff4
DR: HLB DEPARTMENT OF PUBLIC WORKS M I sC .
W G . J . H .WscAl � CITY OF MIN, FLORIDA 4-918 35-89-6
women Filler FOOrk M AOeews Of
Et/tals/lwf Great tAwmx.Irz rr).
Seery Edea Ey ElwralW/q Ard
E+I*V Order ays ad awd. FoOrlc
SrddYee/ The RsprlfsaWS Of
sord Boos
Stclhon ws Of rho Sfado/d
SCtlfkothont. Cost Of Fork To Be
5' min,
InAdd M The COW"Cl OMt Prlc*
For Bad mw Or Strow. TY. _
cave Son PPwd By SftrW Ard LlpMlr
Co,r4 fsd Mang rhe Opslreow Eope
Of Baa.
PLAN
PLAN
LOOS* Sell Plocd Br Srwel Aro L14Wtf
Caoxi4v Abe rhe urstrom Eope Of ares.
Ron
Post
Ili" rAt A. Rea wwwad ./ S'Trp, rmin. Rmn.wwd
Anybr (aver gores with 1 •7a 2'y rStota Per Bog.
Armor top gad To (Ower ares with 2 -2's 1'r rStma Per ave. Arcnor Bad with 2 Z s 2's *"SIOta Per gore
ELEVATION ELEVATION
AaWkotlon Ord Spocrrq The Sts of Typwt l ♦ II Cae earners maid be Ihelted to tty
nadlllaw Ountrw In CnortL
TYPE Z TYPE I
BARRIER FOR UNPAVED DITCHES
INFORMATION ADAPTED FROM THE FL.ORVA DEPARTMENT OF TRANSPORTATIONS STATE DRAINAGE MANIAAL.
EROSION AND SEDIMENT CONTROL FOR CONSTRUCTION SITES 0 3 — 7 5
SM8ff4
DR: HLB DEPARTMENT OF PUBLIC WORKS M I sC .
W G . J . H .WscAl � CITY OF MIN, FLORIDA 4-918 35-89-6
EXHIBIT # 2
Tifia of 4Kiami
JOHN H. )ACKSON, P.E.
Director
February 5, 2001
Mr. Jorge Godoy
Metro Equipment Service. Inc.
9450 Sunset Drive. Suite 210
Miami, FL 33173
Dear Mr. Godoy:
RE: VIOLATION OF PERMIT NOTICE
CARLOS A. GI\!E\E
Crn Manage -
This letter serves as a formal issuance of "Violation of Permit Notice" for the event that took
place on Saturday, February 3, 2001 at SW 2nd Avenue and 6 Street. The following violations
were identified and discussed with your representative at the subject location.
1. Dewatering with no permit from the City of Miami
2. Dewatering with no permit from D.E.R.-M.
3. Dewatering with no sedimentation tank on the site.
Please be advised that you must clean the two catch basins before you 'will be allowed to work
again. Anv further violations will result in the rescinding of the excavation permit for a period of
fifteen (15) calendar days.
Should you have any questions or would like to discuss this matter, please contact me at 305-
416-1200.
Sincerely,
Albert A. Dominguez, P.E.
Assistant Director
AAD/dg
cc: John H. Jackson, P.E.
Amilcar Choquehuanca, Utility Coordinator
Patrick Seguin, Inspector
Guillermo V. Alonso, Inspection
03- '7 5'7
24
SOH` H. JACKSON. P.E.
Otrector
May 3, 2001
Gregory Electric
c/o Chris Helton
2760 NW 55th Court
Ft. Lauderdale, FL 33309
EXHIBIT # 2
T-fij of �Ctttmi
Y OF y
uurr nuu
DEWATERING PERMIT
RE: CITY OF MIAMI PUBLIC WORKS DEPARTMENT PERMIT N0. 910800
Dear Mr. Helton:
CARLOS A. GL�ti�E�
ON Manapll
The City of Miami Department of Public Works hereby grants approval to discharge (flush water
mains) into the City storm system catch basins at the following locations:
1. NW Is" Street and NW North River Drive
2. NW 2"d Street and NW North River Drive
3. NW 3'd Street and NW North River Drive
4. NW 4th Street and NW North River Drive
This permit is valid from May 4, 2001 through June 14, 2001. The contractor shall comply with the
following conditions:
1. The flow of water being discharged into the storm sewer must be regulated so that
the system is never overloaded, flooding the street or creating a traffic hazard. To
accomplish this, the rate of discharge must be reduced or stopped during rainstorms,
or if trouble develops within the systems.
2. No, silt or other debris can be discharge into the storm sewer system. A proper filter
system must be used, such as an approved filter box. No indigenous materials adjacent
to the inlets shall be allowed to wash into the system. If by accident or other means
the storm sewer system, upon completion of your pumping, is noted to have excessive
silt, sand or other debris caused by your operation, you will be required to clean all
lines to our satisfaction.
3. The public shall be properly protected from the dewatering apparatus. Street
crossing shall positioned in manner to limit the disruption of traffic.
;- 757
25
EXHIBIT # 2
Page 2
4. All necessary precautions must be taken to prevent the generation of loud,
unnecessary noise in conjunction with this dewatering operation.
5. You must obtain a Class II permit from Dade County Department of Environmental
Resources Management (DERM) for water being discharged into the Miami River of
Biscayne Bay through a storm sewer outfall. This permit is conditioned on your
obtaining a DERM permit; which is required.
6. The Construction Division (Patrick Seguin) of the Department of Public Works must be
notified at least 24 hours in advance of discharging water into the storm sewer system
so that your operation may be inspected.
Should you have any questions concerning this matter, please do not hesitate to call my office at
416-1218.
Sincerely,
Albert A. Dominguez, P.E
Assistant Director
AAD/dg
cc: Mr. Bili Gallo, Dade County, D.E.R.M.
Patrick Seguin
26
03- '75'7
EXHIBIT # 2
Page 2
4. All necessary precautions must be taken to prevent the generation of loud,
unnecessary noise in conjunction with this dewatering operation.
5. You must obtain a Class II permit from Dade County Department of Environmental
Resources Management (DERM) for water being discharged into the Miami River of
Biscayne Bay through a storm sewer outfall. This permit is conditioned on your
obtaining a DERM permit; which is required.
6. The Construction Division (Patrick Seguin) of the Department of Public Works must be
notified at least 24 hours in advance of discharging water into the storm sewer system
so that your operation may be inspected.
Should you have any questions concerning this matter, please do not hesitate to call my office at
416-1218.
Sincerely,
Albert A. Dominguez, P.E
Assistant Director
AAD/dg
cc: Mr. Bill Gallo, Dade County, D.E.R.M.
Patrick Seguin
26
QUALIFIED
WATER MANAGEME
STORM INSPECTOR NT
FLOW. 'A
The undersigned hereby acknowledge that
Elyrosa Estevez
has successfully met all requirements necessary to be fully
certified through the Florida Department of Environmental Protection
Stormwater, Erosion, and Sedimentation Control Inspector Training Program
otu� July 12, 2002 C--
rl.j
Marleina Overton Inspector # 3027Greg Knecht
I IA
LM I?Ilgz
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The undersigned hereby
Ili. ,�} .,�;, • `'. `�! �i' , If///.ir:: Y••••
acknowledge
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Simon Shmuekler
l roll.....•.. `:`
rtt}1i i; i■+
1111/II/I/I: i.
has successfully met •ll the requirements necessary / be fully
certified through the Florida Department of Environmental Protection
Ston-nwater, Erosion, and Sedimentation Control Inspector Training Program
mill\:: chi
October 9, 2000 Inspector # 326
Greg Knecht Daniel R. DeWiest
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June 27. 2000 Insncctor # 327 110
Ih" Jc�]i�G'�i=r•
CJ.LfL�- �1 - _�k��f� i�d'� i-��,`.=-ZY{1,,k�•�1l ��'-� .^.�\. I xrfri.�ql{. _=':. r�.a` ti:`'�i�.N}�j�lf,L}*�, Ay\,A(l _ _., ^�: /''A�:^G`_%_.S:a�:•/{" ;:/�{:
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The undersigned hereby acknowledge that
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A Mm I Y -C .2
EXHIBIT # 4
"RED STAMP"
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City of prod!;'D;: le
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The rules, re-ilati~a and rcrqulrem�,..; -:':'.� t +.o
the dischaTye of coutra::i^.n
water are on file in the Department oll i bi;c
Works and copies are avai!0:5le for a11 V,.nse
concarned.
03- r75'7
32
EXHIBIT # 4
Additional "RED STAMP"
Implementation for Year 7+
The methods of construction shown on this plan
shall comply with the following permit:
City of Miami MS4 -- FLS000002
(Municipal Separate Storm Sewer System Permit)
as required under the following program:
N.P.D.E.S.
(National Pollutant Discharge Elimination System)
www.dep.state.fl.us/wateristormwaterinpdes/
Please call Public Works at
(305) 416-1200 for additional information.
33
D:Wy Documents\EXHIBIT.doc
EXHIBIT # 5 M=THccS
400-4.1 Fencing Around Excavations: If approved o
Engineer, the Contractor at the close of the workday, on holidays a-�:
r weekends may provide a fence around the perimeter of open excavaticns
b in lieu of refilling the excavation. The fence material ani
installation method shall be as approved by the Engineer. N:
additional payment will be allowed for fencing.
400-5 Tunneling: No tunneling, other than that shown on the
Plans, will be allowed, except by written permission of the Engineer,
with his approval of the cross-section, lining, refilling, etc., of
the tunnel.
400-6 Discharge of Construction Excavation Waste Water
400-6.1 Permit: A permit shall be obtained from the Engineer,
approving the proposed methods, manner and location for the disposal
of waste water from any excavation prior to any dewatering operation.
Permit fees will be waived.
400-6.2 Manner of Pumping: All necessary pumping shall be
performed in a workmanlike manner.
400-6.3 Provision of Labor and Equipment: All necessary labor,
equipment and appurtenances for final disposition of the waste water
shall be provided by the Contractor.
400-6.4 Hazard to Health and Property: Waste water shall
be disposed of in such manner as shall not be injurious to putlic
health and welfare or to public or private property or the
surface of streets.
400-6.5 Restriction of Access: The discharge of waste
water shall not restrict the full use of public streets or public
or private driveways, except as approved by the engineer in
writing.
400-6.6 Damage to Public and Private Property: The
Contractor shall be fully responsible for the settlement of/or
damage to any street or adjacent property due to pumping or other
operations necessary to dispose of waste water.
Ei
400-6.7 Maintenance of Surface Drainage Facilities: All
gutters, drains, culverts and similar facilities shall be kept
clean and open at all times for normal surface drainage, except
under special circumstances when damming or ponding is approved
in advance, by the Engineer in writing.
400-6.8 Discharge of Water Across Sidewalk and Pavement:
No flow of water may be directed across or over a sidewalk or
pavement except through pipe, troughs or flumes approved by the
engineer in writing. Installations and removal of such pipes
troughs or flumes shall be done at no expense to the City.
34 03— 757
EXHIBIT # 5
METHODS
400-6.9 Use of Sanitary Sewers and Local Drains Prohibited:
The use of sanitary sewers, french drains, covered ditches,
and/or rock drains for the disposal of waste water is expressly
prohibited.
400-6.10 Use of Storm Sewers: Where conditions warrant,
the Engineer may approve the pumping of waste water into a storm
sewer, but prior approval shall be obtained in writing and the
waste water shall be filtered or settled in a manner approved by
the Engineer. Discharge of waste water under these conditions
shall be stopped immediately if the filtering device becomes
silted, clogged, ineffective or inoperative for any reason. When
the unsatisfactory condition has been corrected, pumping may be
resumed.
400-6.11 Cleaning Storm Sewer: If, in the opinion of the
Engineer, excessive solid or fine materials have been discharged
into a storm sewer, the Contractor shall be required to clean the
storm sewer.
400-7 Street Drainage: All gutters, drains, culverts and
drainage. No damming or ponding of water -in gutters and other
waterways will be permitted, except to a very limited extent
where the Engineer shall consider the same necessary.
400-8 Sanitary Sewer Crossing of Water Mains: In cases where
water mains cross the proposed sewer with less than 18 inches
clearance, the sewer pipe shall be encased in concrete. This
concrete encasement shall be a minimum thickness of six inches
around the pipe, and shall extend no less than ten feet on each
side of the water main. Where it is impractical to encase the
pipe with concrete, cast iron water pipe shall be used, extending
at least ten feet on each side of the water main, and concrete
encasement will not be required except at the transition joints.
400-9 Adjustment of Manholes, Castings and Monuments: As a
part of street construction, sanitary and storm sewer catch basin
and manhole castings shall be adjusted to the new surface
elevation by the Contractor. All other utility castings shall be
adjusted to the new surface elevati.,n by their respective owners.
The Contractor is advised that although a street may have a
1imerock base, it is possible, because of pavement replacement
incidental to street cuts, that castings may be found imbedded in
concrete.
Where existing manholes and meter box castings come in the
sidewalk slab, the top surface of their castings shall be set
even with the sidewalk surface by the Contractor with rectangular
castings squared to the face of the sidewalk.
03-- 757
35
EXHIBIT # 6
/ SEDIMENT CONTROL INSPECTION FORM
INSPECTION DATE: INSPECTOR:
LOCATION ADDRESS:
TYPE OF CONSTRUCTION:
(PLEASE CHECK)
BBuilding Manne Storm sewer = Otne-
San. sewer =Water main Highway
INSPECTION CHECKLIS
Y/N
"PERMIT
=EROSION / SEDIMENT
CONTROLS IN PLACE
PERMIT NO.
(CHECK CONTROLS):
EROSION BEING CONTROLLED ?
IS SEDIMENT BEING CONTROLLED?
ANY ADJACENT WATERWAYS?
IS THE POTENTIAL FOR TURBIDITY IN ADJACENT WATERWAYS MINIMIZED?
ANSWERING THE PREVIOUS CHECKLIST ITEMS, IS FACILITY IN COMPLIANCE?
COMMENTS FOR NON-COMPLIANCE:
QFOLLOWUP INSPECTION REQUIRED?
CEASE CONSTRUCTION ACTIVITY
VERBAL WARNING
WRITTEN NOTICE OF VIOLATION
TICKET TICKET NO.
ON
DATE: COMPLIANCE: Y / N
COMMENTS:
5'7
EROINSP.XLS
grassing berms
sodding hay bales
mulching turb.barner
sandbagging sift fence
slope drains sed. basins
other- .(SPECIFY)
EROSION BEING CONTROLLED ?
IS SEDIMENT BEING CONTROLLED?
ANY ADJACENT WATERWAYS?
IS THE POTENTIAL FOR TURBIDITY IN ADJACENT WATERWAYS MINIMIZED?
ANSWERING THE PREVIOUS CHECKLIST ITEMS, IS FACILITY IN COMPLIANCE?
COMMENTS FOR NON-COMPLIANCE:
QFOLLOWUP INSPECTION REQUIRED?
CEASE CONSTRUCTION ACTIVITY
VERBAL WARNING
WRITTEN NOTICE OF VIOLATION
TICKET TICKET NO.
ON
DATE: COMPLIANCE: Y / N
COMMENTS:
5'7
EROINSP.XLS
ATERIALS:
PETROLEUM OIL - USED
ANTIFREEZE
ABSORBWT
G�
d. OIL FILTERS
e. OTHER (SPECIFY)
M
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--I
WasteDisposalRccordForrn.xls
CONTAINERS NO.
QUANTITY
CONTAINERS TYPE
VOLUME
GALLONS
COMMENTS
DISPOSALWASTE
DATE
CONTRACTOR
'MATERIAL
MANIFEST
NO
10/11/2001
Magnum
a
108517
n/a
TT
200 G
10/11/2001
Magnum
a
108517
n/a
TT
295 G
Oily Water
11/16/2001
Magnum
a
111041
n/a
TT
480 G
Above ground tank @ MP
11/16/2001
Magnum
a
n/a
TT
185 G
11/28/2001
Magnum
b
110764
n/a
Drum
220 G
12/7/2001
Magnum
a
113653
n1a
TT
55 G
1/8/2002
Magnum
a
114583
n/a
TT
470 G
1/11/2002
Magnum
b
116183
n/a
TT
220 G
1/15/2002
Magnum
d
116362
n/a
TT
2 DM
2 drums oil fillers
2/26/2002
Magnum
a
117952
n/a
TT
465 G
LF above grounds
2/26/2002
Magnum
a
119637
n/a
TT
425
FI above grounds
ATERIALS:
PETROLEUM OIL - USED
ANTIFREEZE
ABSORBWT
G�
d. OIL FILTERS
e. OTHER (SPECIFY)
M
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WasteDisposalRccordForrn.xls
CITY JF MIAMI STORM SEWER INSPECTIC ?ORM
DATE: I --.-
EXHIBIT # 8
Farihn Name:� fat ✓ , 6-.-, t'S NPDES Permit No.
Address:
Address: 1/ est N �' `_�ti�f ,'Yl�,:,,��. , �I 7.3)(%-Z
Parent Co. Phone No.:
Address:
Contact Name:— L- o-t�; ; A Phone No.:
Primary SIC Code: Sec. SIC Code:
STORM WATER MANAGEMENT SYSTEM
S\V Discharged from site? ✓Yes 2 DHo\ No
SW Controls in place? ✓ Yes No
Types of controls
Ponds on Site) Yes ✓ No Ponds Dry? Yes No
Methods of discharge 1'i,n - a,
Erosion or sediment problems? Yes ✓ No
Problem
Pond slopes sodded. seeded. mulched? Yes No
Blockage of pipes. ditches. etc? Yes No
Routine maintenance performed
FACILITY INFORMATION -
ProducVservice . •n-, .e—+ 5
Description of waste managem nt/
Disposal practices:
Ra,A- mtl's handlings
Storage practices:
Load ingslinloading:
Outdoor storaze of „c ( (_.Q
Raw mtlsiproducts:
Outdoor processy �,
Activities:
Dust/ particulate:
Housekeeping/spill: (,q
Clean-up practices:
City sewer? -Yes
Floor drains? Yes _
Potential illicit discharges?
Potential Problems SW?
No Septic tank? Yes No
!/' No
Routing
V P
Potential Contamination Grd wtr? ✓ Yes No Surf. wtr?
COMMENTS/ DRAWINGS
C�l
P
38
Yes ✓ No
Tropical Pallets. Inc.
154 5 — 1691 NV 23 Street
Miami. FL. 33142
EXHIBIT # 8
Allowed Full Access to site
.)-I - - at 12:29 pm
Drain at East side
Drain at West side
Drain at North Side
----------- 7. RIGOBERTO LESTEIRA JR.
Tropical
Pallets, Inc.
1691 N W 23rd Street _ 6845 NAV 73rd Court
Miamf =londa 33142 -Barr,. Florida 33166
^one 3051634-0346 Phone. 1305)884-4828
39
93- 757
EXHIBIT # 9
FIFTH .L*I\'L'AL REPORT PER.\1;T \0 c;,Stkha\:
CITY OF \11,01
Section 4.9 - Narrative Report For Spill Response
4.9.1 Objective Of Spill Response
The City of Miami shall implement procedures to prevent, contain, and respond to spills
that may discharge into the Municipal Separate Storm Sewer System (MS4). The Cin -'s
compliance with this objective is done through its Spill Prevention and Response
Program as discussed in the following sections.
4.9.2 Spill Response Activities Completed And Those In Progress
During the fifth permitting year, the following accomplishments have been achieved and
are ongoing as part of this program:
• The Haz-Mat Team, a division of the City of Miami Fire -Rescue Department.
continues to keep an extensive spill prevention and response program in place as
required by the City's NPDES permit.
• The Haz Mat Team receiv,.s monthly training drills as well as a minimum of one
joint multi agency drill with the other Haz-Mat Teams in Dade and Broward
Counties.
• The Haz-Mat Team is part of the Local Emergency Planning Council, and works
closely with the other two Hazardous materials teams in Miami -Dade County, as
well as with the Hazardous materials Teams in Broward county.
• The Hazardous Materials team is part of a federal Metropolitan Medical Strike
Team, whose purpose is to send a consolidated Hazardous Materials Team to any
terrorist, or suspected terrorist event within Miami -Dade, Monroe, and Broward
County, and as far north as Palm Beach County should the need arise. Several full
scale drills have been conducted with this mission in mind. These drills were
conducted with the cooperation and participation of all public Safety disciplines,
including the FBI, and other federal agencies.
• A Special Operations Officer has been created to better coordinate the' efforts of
the Hazardous materials team on all three shifts. This is a S day a week position
that has improved tum around time with broken equipment, and better
coordination ongoing training.
• Presently an effort is underway to coordinate training classes from Miami -Dade
County and Hialeah, with members of all three teams attending so better
efficiency and familiarization of each others abilities and resources will be
realized.
• With a new administration and a better understanding of Haz-Mat needs,
equipment is being ordered in a timely fashion.
03— '757
40
FIFTH A�NTEXHIBIT # 9UAL REPORT PER.'-117T \0 FLSCookx_
MY OF MIAM.
4.9.3 General Discussion Of Spill Response
As documented in the City's previous annual reports, the City of Miami's Hazardous
Materials Response Team is responsible for mitigation and prevention of hazardous
materials spills and releases and 'as implemented procedures to accomplish the above
with an ongoing monthly training program and multi -agency drills. The City of Miami's
Hazardous Materials Team is located at Station 1. at 144 NE 5 Street. The Team includes
multiple units including a Haz-Mat EMS contingent able to handle medical emergencies
as related to Haz-Mat Incidents. Their primary responsibilities are the mitigation of Haz-
Mat incidents. The team staffs the following units: an aerial ladder device, a foam
pumper, several types of protective suits ranging from Level A to Level D and a dedicated
Haz-Mat unit. There is a 5 day week, Special Operations Officer dedicated to the
coordination of the Hazardous Materials Team, and Miami Fire Rescue's Dive Rescue
Team, and a recently formed technical Rescue Team. This new team works hand in hand
with the city's Haz Mat, and Dive Rescue Teams. They specialize in confined space
rescues, trench rescues and high angle or elevated rescues. There are 49 firefighters and
officers assigned to the Haz-Mat team, and all are at least trained to the technician level.
The team is commanded by a District Chief who is also a Haz-Mat Technician. Training
includes operations that involve damming, diking and the prevention of spread of product
using special equipment which includes pigs, booms and absorption type pads.
Furthermore, the team is also trained in utilizing atmospheric monitoring devices to
determine levels of toxic gases, arxi ventilation techniques to make the -incident safe.
Recently through a federal grant, a portable gas chromatic mass spectrometer, has been
procured and is available to all the Haz Mat teams in Miami -Dade county. This additional
resource, plus trained technicians, will enable a much faster identification of unknown
products, and thus a faster mitigation of hazardous materials emergencies. Needless to
say, safer procedures can be implemented as well.
The Haz-Mat Team responded to approximately 1000 incidents in 2001, which included
fuel spills, leaking cylinders, gas leaks, explosion type incidents, several confined space
rescues and incidents involving boats and aircraft. The additional 500 to 600 calls were
due to the hysteria after the terrorist events of September 11, and the months that
followed.. Most of these were called in by hysterical citizens, who because of the hype by
the media perceived any white powder, up to and including confectioners sugar on a yes,
doughnut, as Anthrax. The fire department responded to about. 2700 calls to suspicious
powder, and not one of the specimens analyzed came up positive. Many times the Haz
Mat team is dispatched to a perceived hazardous material because of the mere fact the
product is unknown at the time.
Many times even though this might be a benign substance, full alert procedures are
implemented until the identity of the product is known, and made safe. Most recently
extensive training is being provided to keep the team abreast of the problems in terrorist
type incidents, including NBC type weapons The Hazardous Materials Team received
extensive training in chemical antidotes, and recognition of these types of events This is
an ongoing project, with refresher training every two years at a minimum.
41 03- 757
EXHIBIT # 10
Pamphlets and Brochures
EPA
Collecting Used Oil For Recycling - Tips for consumers... (EPA 530-F-94-008)
Recycle -You can make a ton of difference (EPA 530-F92-003)
Protecting Our Nation's Waters Through Watei Quality Based Controls (EPA 823-F-93-011)
Protecting Our Nation's Waters from Industrial Discharges (EPA -821-F-93-002)
Working to Ensure Abundant, Safe, and Clean Water Resources (EPA -900-F-92-001)
Household Hazardous Waste - Steps to Safe Management (EPA -530-F-92-031)
Manazins Used Oil - Advice for small businesses (EPA -530=F-96-004)
Recycling Grass Clippings (EPA -530-F-92-012)
Yard Waste Composting (EPA -530 -SW -91-009)
Manejando Aceite Usado - Consejos para empresas pequenas (EPA -530 -F -96-004S)
Recoleccion de Aceite Usado para Reciclaje o Reutilizacion - Consejos pats consumidores (EPA 530 -F -94-008S)
Desechos Domesticos Peligrosos - Pasos para un manejo seguro (EPA 530 -F -92-031S)
When it Rains. It Drains (EPA 832-F-93-002)
Miami Dade County
Home Chemical Collection Program
Environmental Impact - Newsletter
South Florida Water Management District
Retrofit - Complete Guide to Home Water Conservation
Xeriscape - Siembra Bien
Xeriscape - Plant it Smart
Xeriscape - Plant Guide II
Water is Life... Save it
El Agua es Vida... Ahorrela!
50 Ways to Turn it Off - How you can help save Florida's precious water supply
City of Miami
The City of Miami Yard Trash Management Facility
City of Miami Department of Solid Waste - Residential Services Update Brochure (in Spanish, English & Creole)
City of Miami Recycling Awareness Program (in English, Spanish & Creole)
42
03- 757
Industrial Facilities Inspected for Year 6
Zip Codes
NPDES
High
SIC Basin Outfalls NPDES
Permit
Risk
inspection
Company Name Facility Address Code Standard Extended Name Map # DERM IW # Folio Number Permit YIN
No.
YIN
Date Comments
Out of business
Mears Destination Services 1515 NW 21 St. 4142 33142 7412 WC04 117 IW500996-97 3126-021-0390 A.0.97-068
NIA
N
N
3/14/02 No foreseen impact to sewer.
3/15102 No foreseen Impact to sewer.
Garland Corp. 1500 NW 23 St. 2033 33142 9998 WC031 117 None 3126-041-0010
117 None 3126-044-0160 A.0.98-006
N/A
N/A
N
3/15/02 No foreseen im act to sewer.
Tropical Pallets, Inc. 1691 NW 23 St. 2448 33142 7625 WC03
WC04 117 IW507662-96 3126-021-0420
N
3114/02 No foreseen Impact to sewer.
National Auto BodyWorks 1500 NW 21 St. 33142
WC05 117 None 3126-045-0070
N
3/15/02 Parkin lot drains, no foreseen Impact to sewer.
Matslm Intemational 1625 NW 20 St. 33142
WC04 117 None 3126-048-0100
N
3/15/02 Parkin lot drains, no foreseen Impact to sewer.
Te
Kingston -Miami Trading1465 NW 21 Ter. 33142
WC03 117 None 3126-044-0151
N
3115!02 Warehouse use on , no roreseen Impact to sewer.
Tropical Pallets, Int. 1545 NW 23 33142
1. Facilities are listed for each SIC code.
demand Ph: biochemical oxygen demand (bod); total suspended solids (ISS); total phosphorus (IT);
off 6 grease (olg); chemical oxygen (COD);
total k(eldahi notrogen (IKN); nitrate plus nitrite nitrogen (NNN); other (specIly).A16
Faciliks Indicate business name change.
& Shga Flow Runoff (SF). TO outfall storm sewer (Map No.). Onsite (0). Sanitary Sewer (SS)
' Require further Investigation based on available monitoring or screening data.
Outfalls with potential sanitary sewer contamination EXHIBIT # 12
Outfall
Basin
Date
Sampled
Identification
No.
Map
No.
54-41-22-SW10B
45-334
BB18
5/4/00
54-41 -01 -NW1 5C
36-274
MR22
5/4/00
53-42-30-NW081
21-376
BB60
5/11/00
53-41-32-SE01 D
27-185
CC07
5/19/00
53-42-30-SWO21
21-108
BB61
5/10/00
53-41-33-SW05C
26-358
CC14
5/19/00
53-42-19-SE021
15-84
BB42
4/3/00
53-42-19-NE081
15-83
BB42
5/17/00
53-42-30-NW051
21-106
BB61
5/10/00
Note: The outfalls were found to have sanitary sewage odors during
year 3 City Dry Weather Screening.
44 03- 757
M
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00
CA)
Facilities Connected to Cl Storm Sewers
Zip Codes
SIC
Company Name Facility Address Code
standard
NPDES
Basin NPDES Permit
Extended Name Outfalls Map # DERM IW # Follo Number Permit Y/N No.
High
Risk Inspection
YIN Date Comments
GA. Records Manutacturina 2337 NW 8 Ave.
2821
33142
7434 WC01 136,116,173,176
3/13/02 Closed, no access, need to reinspect.
Aled Ptatlry.Inc. 2120 NW 10 Ave
3585
33142
WC01 136,116,173,176
3/13/02 Out of business.
Modem Elevator Co. 2435 NW 7 Ct.
2591
331271
4209 WC01 136,116,173,176
3/13/02 Closed, no access, need to reinspect.
Apollo Press MlamI Corp. 2302 NW 7 PI.
2759
331271
WC01 136,116,173,176
3113102 Closed, no access, need to reinspect.
General Enve MV. Co. 2340 NW 7 Pl.
2677
331271
WC01 136,116,173,176
3/13/02 Onsite drains.
Ammicon National Lwmrsphers 2444 NW 7 PI.
2752
331271
WC01 136,116,173,176 IW5-00920-97
3/13/02 Closed, no access, need to reinspect.
MamdChoose Co. Inc. 1066 NW 21 St.
2022
331271
WCO1 136,116,173,176
3120102 Run-off from parking lot.
MJa Really 831 NW 21 St.
2321
33127
WC01 136,116,173,176
3/20/02 Clothing store.
Vorys Cash a Carry 1128 NW 22 St.
2515
33127
4528 WC01 136,116,173,176
3/20/02 No unforeseen Impact on sewer.
C" Daky Products Inc. 743 NW 23 St.
2022
33127
4242 WC01 136,116,173,176
3120102 No comments.
H. M Inc. 930 NW 23 St.
2331
33127
4245 WC01 136,116,173,176
3/20/02 Under construction
R a R Dalry 732 NW 24 St.
4225
33127
4262 WC01 136,116,173,176
3/22/02 Not open.
MakW Sign Co. s Body Shop Inc. 750 NW 24 St
3993
33127
WC01 136,116,173.176
3120102 New business.
Ptaffco Inc. 759 NW 24 St
2759
331271
WC01 136,116,173,1761W5-00158-97
3120102 Drains on site.
ShA" Pah 760 NW 24 Sl
2782
331271
4261 WC01 136,116,173,176
3/20/02 New business.
1700 NW 22 St.
33127
3/15/02 Drains on site.
728 NW 24 St.
33127
3/20102 No drains on site.
1. Facilities are listed for each SIC code.
® oil & grease (o/g); chemical oxygen demand (COD); Ph: biochemical oxygen demand (bod); total suspended solids (ISS); total phosphorus (IT);
total k)eldahl notrogen (IKN); nitrate plus nitrite nitrogen (NNN); other (speciy).A16
Facilities indicate business name change.
& Sheet Flow Runoff (SF). TO outfall storm sewer (Map No.). Onsite (0). Sanitary Sewer (SS)
• Require further investigation based on available monitoring or screening data.
M
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Exhibit II
In -Kind Penalties
Once the settlement amount has been established, it may be appropriate to consider an
in-kind penalty project by the violator as a way of reducing the total cash amount owed the
Department. The in-kind penalty project is not designed to give the violator credit for the cost of
corrective actions that he would be required to undertake anyway, but only to offset all or some
portion of the cash settlement in a mutually satisfactory manner. So long as the financial impact
upon the violator is equivalent to that established pursuant to these settlement guidelines, the
Department may consider alternative ways that the violator may pay the penalty.
In-kind penalties should only be considered in the following circumstances:
a) If the responsible party is a government entity, such as a federal agency, state agency,
county, city, university, or school board,
b) If the responsible party is a private party proposing an environmental restoration or
enhancement project, or
C) If the responsible party is a private party proposing an in-kind project that does not
involve environmental restoration or enhancement for a calculated penalty of $10,000 or more.
In-kind penalties are limited to the following specific options:
a. Material and/or Labor Support for Environmental Enhancement or Restoration
Projects. Preference should be given to proposals that involve participation in existing or
proposed government sponsored environmental enhancement or restoration projects such as
SWIM projects. The responsible party shall be required to place appropriate signs at the project
site during the implementation of the project indicating that the responsible party's involvement
with the project is the result of a Department enforcement action. Once the project has been
completed as required by the Consent Order, the sign may be taken down. However, the
responsible party should not be allowed to post a sign at the site after the project has been
completed indicating that the reason for the project being completed was anything other than a
DEP enforcement action. For all environmental enhancement or restoration projects conducted on
private property, the responsible party must provide a conservation easement to the Department
for the land on which the restoration project took place. For an environmental enhancement or
restoration project on public land, the responsible party may need to provide a conservation
easement to the Department for private land adjoining the environmental enhancement or
restoration project if it is required to protect the completed restoration project.
b. Environmental Information/Education Projects. Any information or education
project proposed must demonstrate how the information or education project will directly enhance
the Department's pollution control activities. An example of an acceptable information or
education project is one that involves training, workshops, brochures, PSAs, or handbooks on
what small quantity generators of hazardous waste need to do to comply with RCRA. The
information or education projects must not include recognition of the development of the projects
by the responsible parties.
C. Capital or Facility Improvements. Any capital or facility improvement project
proposed must demonstrate how the capital or facility improvement project will directly enhance
the Department's pollution control activities. An example of an acceptable capital or facility
improvement project is one that involves the construction of a sewer line to hook up a failing
package plant, owned and operated by an insolvent third party, to a regional sewage treatment
plant. An example of an unacceptable capital or facility improvement project is one that involves
the planting of upland trees and shrubs.
03- '7 5 '7
d. Property. A responsible party may propose to donate environmentally sensitive
land to the Department as an in-kind penalty. Any proposals concerning the donation of land to the
Department as an in-kind penalty must receive prior approval from the Department's Division of
State Lands. The DEP may require proposals concerning the donation of land to another
government entity or non-profit organization to include a conservation easement involving the
donated property.
If an in-kind penalty is used in lieu of a cash penalty, the value of the in-kind penalty
should be 1 and 1/2 times the amount of the penalty if paid in cash. Department staff should not be
involved in choosing vendors or agents used by the responsible party in implementing an in-kind
project. No in-kind penalty project should include the purchase or lease of any equipment for the
Department.
03- 7 �'7
CITY OF MIAMI, FLORIDA A=7
INTER -OFFICE MEMORANDUM
TO: The Honorable and Memb DATE: JUL - 8 2003 FILE:
of City Co mission
SUBJECT: Resolution Authorizing the City Manager to
U Execute a Consent Order
�. �
FROM: REFERENCES:
Jo Aqnola
Chief dministrator/ City Manager ENCLOSURES:
Resolution
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached resolution
authorizing the City Manager to Execute a Consent Order, in substantially the attached form,
between the City of Miami and The Florida Department of Environmental Protection.
BACK GROUND:
The City of Miami is the owner and the agency responsible for the operation of a Municipal
Separate Stone Sewer System (MS4) that serves the lands located within the City's jurisdiction
and the City operates its MS4 under a National Pollutant Discharge Elimination System
(NPDES) permit that is administered by the Florida Department of Environmental Protection
(FDEP). During the fourth and fifth year annum reviews, the FDEP found the City's NPDES
permit to be in non-compliance and determined that the City was in violation with the terms and
conditions of the NPDES permit. On November 21, 2002, the City of Miami submitted a 2003
NPDES Compliance Strategy to FDEP and after carefully reviewing the City's Strategy, the
FDEP has prepare a Consent Order for the City of Miami to accept and enforce. Please refer to
the attached Consent Order, File No. OGC No. 03-0166, in the matter of FDEP vs City of Miami
received June 2, 2003.
FISCAL IMPACT: NONE/ BUDGETED ITEM
<00 ,1619103
JA/AAD/LJ H/ee
03- 75'7
Jeb Bush
Governor
May 30, 2003
Department of
Environmental Protection
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
David B. Struhs
Secretary
The Honorable Manuel A. Diaz
Mayor, City of Miami
3500 Pan American Drive
C-5
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Miami, Florida 33133
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Mr. Alejandro Vilarello, City Attorney
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City of Miami City Attorney's Office
444 S.W. 2nd Avenue, Suite 945
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Miami, Florida 33133
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Certified Mail No.: 'tcx=>1 \AC� Z�-C1 -Ic5E��,} \L'to0
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Re: NPDES Stormwater MS4 Permit No.: FLS000002
OGC Case No.: 03-0166
Dear Gentlemen:
The purpose of this letter is to transmit the proposed Consent Order, OGC No.
03-0166, in the matter of DEP vs City of Miami.
Please review the document, sign and return it by July 4, 2003. An executed copy of the
Consent Order will subsequently be forwarded to you for your records.
Your continued cooperation in resolving this matter is appreciated. If you have any
further questions, please contact Geoff Rabinowitz at (850) 245-7521.
Enclosure: Consent Order
Sincerely,
Eric H. Livingston
Chief, Bureau of Watershed Management
"More Protection, Less Process"
Printed on recycled paper.
03- 757
cc:
Mimi Drew, Director, Division of Water Resource Management
Eric Livingston, Chief, Bureau of Watershed Management
Michael Bateman, P.E. NPDES Stormwater Administrator
Geoffrey Rabinowitz, Compliance & Enforcement Manager
Rachel Siebert, NPDES Stormwater Attorney
Albert Dominguez, Director, Public Works, City of Miami
Erica Wright, Esq. City of Miami
File
03— 75"5
JUL 13 2000 5:13PM
Po]ig�Comraittee:
Governor of State of Florida
Mr. Jeb Bush
Designee: Dr. Pamella Dana
Chair of Miami -Dade Delegation
Representative Rene Garcia
Designee: Ms. Debra Owens
Chair of Governing Board of
South Florida Water Management
District
Mr, Nicolas J. Gutierrez. Jr.
Designee: Ms. beta Bague
Miami -Dade State Attorney
Ms. Katherine Fernandez -Rundle
Designee: Mr. Gary Winston
Mayor of Miaml-Dade County
Mayor Alex Penelas
Designee: Mr- Henry F. 3ori
Mayor of Miami
Mayor Manuel A. Diaz
Desigeee: Mr, Otto Boudet-Murtas
City of Miami Commissioner
Commissioner Joe Sanchez
Designee: Mr. Steve Wright
Miami -Dade County
Commissioner
Commissioner Bruno Barrsim
Designee: Mr. Alfredo Gonzalez
Chair or Miami River Marine
Group
Charles "Bud" Morton
Designee: Mr. Richard Huanell
Cbair or Marine Council
Mr. Michael Karcher
Designer. Mr. Phil EvcAngham
Executive Director of Downtown
Development Authority
Mr. Dana A. Nottingham
Designee: Mr. Adam Lukin
Chair of Greater Miami Chamber
of Commerce
Mr. William O. Cullom
Designee; Ms. Megan Kelly
Neighborhood Representative
Appointed by City of Miami
Commission
Dr. Ernest Martin
Designee: Mr, Michael Cox
Neighborhood Representative
Appointed by Nliami-Dade
Commi-qsion
Ms. Sallye Jude
Designee: Ms. Jane Caporelli
Representative from
Environmental or Civic
Organization Appointed by the
Governor
Ms. Janet McAliley
Designee: Ms. Theo Long
Member at Large Appointed by
the Governor
Mr. Robert Parks
Member at Large Appointed by
Miami -Dade Commission
Ms. Sun Babun
Designee: Mr. Tom Parker
Member at Large Appointed by
City of Miami Commission
Mr. Cleve Jones, Jr.
Designee: Captain Beau Payne
Managing Director
Captain David Miller
MIAMI RIVER UUMM1551ut7
JuJ J-1 i • --
miami River Comm
do Rosenstiel,;
4600 Rickenbacker
Miami, Florida
Office: (305);36;
Fax: (305) 361•
email: mrc@rsmas.i
Honorable Chairman Johnny L. Winton
City Hall
3500 Pan American Drive
Miami, FL 33133
Re: Recommendation for Approval of July 17, 2003 City
Commission Agenda Items CA -8 & CA -9
Dear Chairman Winton:
This letter serves as the Miami River Commission's (MRC) "official!
statement" to all City Commissioners, requested in City Resolution 00-
320, regarding July 17, 2003 City Commission agenda items CA -8 & ;.
CA -9, which impact the Miami River corridor,
The MRC respectfully recommends the City Commission authorize
the Manager to engage consultants for dredging Wagner Creek Phase
III and the Lawrence Waterway. Dredging the Miami River and its
tributaries are "Implementation Steps" of The.Viami River Corridor"
Urban Infill Plan, our award winning strategic plan to revitalize the
Miami River.
The MRC commends the City for.implernenting these two projects that,
will improve the environment of the Miami River watershed.
Respectfully,
944*
0.00
Robert L. Parks, Esq.
Chair,
Miami River Commission
Cc. Honorable Mayor Manuel A. Diaz
City Administrator Joe Arriola
City Clerk Priscilla Thompson
City Attorney Alex Vilarello
Sub€matted Tato
—co—,
id in connE
Priscilla A.-'
iDJ-"
JUL 13 2000 5:13PM MIAMI RIVER COMMISSION J U t), J b 1 14 1 b z)
FROM:
AM,
Brett Bibeau, Assistant Director
Manager, Clerk and Attorney
MIAMI RIVER
1
DATE:
1 14
City of Miami
JULY 15, 2003
COMMISSION
F
TOTAL NO. OP PAGES INCLUDING COVER:
2
C/O ROSENSTIEL SCHOOL OF MARINE &
ATMOSPHERIC SCIENCE
5410, 4161801,
4600 RICKENBACKER CAUSEWAY
L:85V61230,2505399,�
8 610
MIAMI, FL 33149-1098
PHONE MUDER:
SENDER'S REFERENCE NUM1ML-
_4
TEL: (305)361 -4850 FAX:(305)361 -475 5
W W W. M I A M I R I V E R C 0 M M I S S 10 N. 0 R G
RE:
YOUR REFERENCE NUMBER:
FACSIMILE TRANSMITTAL SHEET
for Approval of 7/17/03 City
TO:
FROM:
Honorable City Commission, Mayor,
Brett Bibeau, Assistant Director
Manager, Clerk and Attorney
COMPANY:
DATE:
City of Miami
JULY 15, 2003
F
TOTAL NO. OP PAGES INCLUDING COVER:
2
v8"5 C01, 250 5456,2505386,63-113-334,
5410, 4161801,
L:85V61230,2505399,�
8 610
PHONE MUDER:
SENDER'S REFERENCE NUM1ML-
_4
RE:
YOUR REFERENCE NUMBER:
Enclosed MRC Recommendation
for Approval of 7/17/03 City
Commission Agenda Items CA -8
uy
4-- -4*
Subrnitt-ed 1,r10 the public
o, r d i f I c o n n e ct i rj r i 1h,
item j�o,79' �-JGP
Priscilla A. Thum sols'
Ci+y Clerk
03- 757