HomeMy WebLinkAboutR-77-0873RESOLUTION NO. 77-873
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ESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO CONSENT ORDER NO. 93 OF THE STATE OF FLORIDA-
,
DEPARTMENT OF ENVIRONMENmAL`REGULATION,'A COPY OF
WIIICH IS ATTACHED THERETO AND MADE A PART HEREOF PRO-
VIDING THAT THE CITY OF MIAMI MAY CONTINUE TO OPERATE
ITS VIRGINIA KEY RUBBISII DISPOSAL PIT UNTIL APRIL 15,
1978, SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, the City of Miami has been issued an Environmental Regu-
lation Temporary Operation Permit, No. ST-13-014, which allowed opera-
tion of a disposal area commonly known as Virginia Key Disposal Pit,
and,
WHEREAS, said permit expired on January 1, 1977, and it is impera-
tive to the health, safety and welfare of the citizens of Miami to con-
tinue the operation of this facility, and,
WHEREAS, in order to continue said operation, the State of Florida,
Department of Environmental Regulation and the City of Miami desire to
enter into a Consent Order for continued operation until April 15, 1978.
NOW, THEREFORE, BE IT RESOLVED BY TIHE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The City Manager by and he is hereby authorized to
enter into Consent Order No. 93 of the
Environmental Regulation, a Copy which
part hereof providing that the City of
State of Florida, Department of
is attached hereto and made a
Miami may continue to operate
its Virginia Key Rubbish Disposal Pit until April
to certain conditions.
PASSED
AND ADOPTED this 10THday
"SUPPORTIVE
Vi E iI
15, 1978, subject
"DOCUMENT INDEX
of AOVEMBERTEM NO.
rr
,1977.
MAURICE A, FERRE
MAYOR
•
Attest _ .`-
Cf'TY CLERK
PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS:
G MIR;IAM MAER.,, ASST. CITY ATTY.
ORGE F. KNOX,J
CITY ATTORNEY
CITY COMMISSION
t FE TING OF
NOV _ 0 277
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Joseph R. Grossie
City Manager
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rbn^�wer`o�
' 'D�e'�to�
Depdrtme` �
�6nt m| Sanitation
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-October 11, 1977
t Order
' Consent Virginia Key
~
'Dlsposm} Pit, `
Attached for your review please find;
Consent Order
#93 regarding
continued operation of
subject disposal area, and;
3. Resolution allowing the Manager to execute the Order.
The Order is the result of numerous meetings this office has
t t f Environmental Regulation and in sum
had with Ocpor mcn o it disposal operation »nt1l
allows the City to continue s wells have been
'
April 15 1978, Plans for leochute monitoringAuthority- The other
�» m � itte« by the Wiomi/[)odo Water -Sewer
requirements containeddld by the
'in the Order will be hon e
Public Works in conjunction with this
City's Department of u c t l R'gulotion
office and Department of Environmen o u ,
FIA:rh6
LLFC'1 E Ti:fl STATE CV I'LOR'I)2
DVP \ TNENT CF' =VIT;C'_ ntl:TAT PEG(:I,ATIO i
In Re: )
)
City of niami, Through )
its City Commission, )
Dade County, )
Respondent. )
CONSENT. ORDER
This Consent Order is made and entered into between
the State of Florida Department of Environmental Regulation,
hereinafter referred to as "Cepartrr:ent" , and the City of
;liar i, througits City Commission, hereinafter referred to
as "Respondent".
The Department finds and the Respondent admits
the following:
1. Respondent maintains, operates, manages, and
control_ a solid waste disposal site known as The Virginia
Key Rubbish Pit located at Virginia Key Sewage Treatme;.t
Plant ,Access Road, Township 42E, Range 54S, Section 1G,
Dacle County, Florida.
2. Respondent was issued and accepted Department
of Environmental Regulation Temporary Operation Permit
No. ST 13-014 for the subject disposal site, which e:.pired
January 1, 1977. Included as a binding condition of the
referenced permit was a compliance schedule containing
necessary corrective measures designed to achieve full
compliance with the rules of the Department of Environmental
Regulation, Resource Recovery and Eanageme?nt, Fart I, Solid
Waste Facilities, Chapter 17-7, Florida Administrative Code
and the requirements of Florida Statutes, Chapter 403, Part
P1, no later than. July 1, 1977.
1
1 EFOFL THE S TI.TC CF
LDEPARTI'iENIT OF I.NVII:o::i1E :T L REC. I T TICII
In Re:
City of 'tiami, Through
Its City Commission,
Dade County,
Respondent.
CONSENT ORDER
Ordet No. 93
This Consent Order is made and entered into between
the State of Florida Department of Environmental Regulation,
hereinafter referred to as "Department", and the City of
ilia_;ti, throug: its City Commission, hereinafter referred to
as 'R?spcnclent .
The Department finds and the Respondent admits
the following:
1. Respondent maintains, operates, manages, and
controls a solid waste disposal site known as The Virginia
Key Rubbish Pit located at Virginia Key Sewage Treatme:.t
Plant Access Road, Township 42E, Range 54S, Section 1G,
Dade County, Florida.
2. Respondent was issued and accepted Department
of Environmental Regulation Temporary Operation Permit
No. ST 13-014 for the subject disposal site, which expired
January 1, 1977. Included as a binding condition of the
referenced permit was a compliance schedule containing
necessary corrective measures designed to achieve full
compliance with the rules of the Department of Environmental
Regulation, Resource Recovery and I:anagement, Fart I, Solid
Waste Facilities, Chapter 17-7, Florida Administrative Code
and the requirements of Florida Statutes, Chapter 403, Part
IV, no later than July 1, 1977.
1
J II •� Respondent 21CI poent asserts that i t ' 1s' unable to achieti e
full compliance with the provisions 0. ection 1 /- 7 . r 3 (r= )
'loi:iva Administrative ('oC,o, and has requested additional
Lime in order to achieve such compliance.
4. The Department recognizes that the Respondent
has e:d ibited good faith efforts to comply with the recruirements
of Chanter 17-7, Florida Administrative Cocle, by July 1, 1977.
The Department therefore grants the additional tir.1e specified
below for thc Respondent to meet the standards and requirements
of Section 17-7. 03 (8) , Florida Administrative Ccue.
5. The Pcst:ondent hall have the solid waste situ
specified above in full compliance with all applicable require-
ments of Chater 17-7, Florida Administrative Code by no later
than April 1:;, 197(7:.
G. P.esronuent shall consent to the entry of this
Consent Order by vote of its governing : ody at a regularly
scheduled meeting.
7. Respondent shall close the site no later than
April 15, 1973 in accordance with the provisions of Section
17-7.07, Florida Administrative Code, and the following
conditions and schedule.
(a) Plans for monitoring Groundwater for
leachate shall be submitted no later than
October 15, 1977, and shall be approved by
the Department. Implementation of approved
raenitori ne ;:lan= shall begin no later than
November 1, 1977
(b) Plan_, for closing the site shall
1,0
submitted no later than November 30, 1977
This shall include a final topographical and
cross sectional view.
(c) The site shall receive a final cover of
two feet of earth compacteci in six inch layers
with the final six inches loosely compacted
promote plant ';r-owth with ra grade which
tAll prevent pondinr; and provido drainage
of surface waters, so as to be completed no
later thin April 15, 1978.
(u) The side slope shall have a slope not
to exceed one foot vertical to three feet
horizontal to minimize erosion, so as to
be completed no later than. oril 15, 1973.
(e) Implement and maintain a daily program
of leveling each days receipt of solid waste
and covering with si:: inches of clean compacted
fill until closing.
(f) Implement and maintain a program of
covering all areas of exposed rubbish and
trash with six inches of clean compacted fill
so as to be completed no later than October 31, 1977.
(g) Implement and maintain a program to
eliminate and cover the on -site sludge
disposal pit so as to he completed no later
than December 31, 1977.
(h) Durina the period allowed for continued
operation until closing, Respondent shall
operate site so as to be in compliance with
all other requirements and standards of Section
17-7.04 and 17-7.05, Florida Administrative Code.
8. Respondent shall have the location of the
.solid waste site made a matter of record in the County Property
Recording Office and provide the Department a copy of such.
9. The construction of buildings, sewage, gas or
water supply mains, parking lots, paved areas or any other
activities that could alter the final closing design and cover
of the site is prohibited unless specifically approved by
the Department.
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10, ilespondent :;ball notify tilt. : ubciistriC:t i`.anac cr
the ; uPdr. trent rcn±:t
.:eSsi 1 e, but not later_
than , 'after C'acr: c'..it6 in the ccr.,r11.ance scheduler of
completion or violation of each stop in the compliance
ncheciule set forth in paragraph 7 above.
11. This Consent Order shall be the final agency
action of the Florida Department of Environmental Regulation
and shall be enforceable under Sections 120.69 03 . 161 (1) (b) ,
11o:-ida Statutes, anC any ether a;.Tlicablc provision of
state or federal '_a... '.e~.'cndent hereby yaivrs any richt
to a hearing or a.ur,:ini.:.trativc or judicial review of the terms
of this Cc:l:Conit Crc. or. ProviC!c:c., however, that any rights
of the Respondent Cj.'ondent to a henrinc or review of actions subsequently
tutor rursuant to this Order is preserved.
12. Respondent is fully c;r:aro that ':iolc.ti.cn cf
the terms of this Consent Order nay subject Respondent to
judicial .' pcsition of damages, civil penalties of up to
offense and criminal penalties.
13. The Department ent hereby expressly reserves
the right to initiate appropriate legal action to prevent
or ohil: i t any water pollution discharges or air pollution
emissions which may violate the provisions cf Chapter 403,
Florida Statutes, or the rules promulgated thereunder.
14. This Consent Order shall to}.c effect upon
elate of entry by the Secretary of the Department.
Warren G. Strahrl, Manager
South Florida Subdistrict
3301 Gun Club Road
P. U. Lox: 3� 5S
West Palm Eeach, Florida 33402
Abate)
City of Ni<li.li, Through It.,
City CCmmis3iOn twthor1ZCC1
By Resolution No.'
Adopted on , 1977.
DONE AND ORDERED THHIS• day of 19
at the Capitol, Tallahassee, Florida
JOSEPII W. LANDERS, JR.
Secretary
Department of Environmental
Regulation
25C2 ENecutive Center Circle,
East
Montgomery Building
Tallahassee, Florida 32301