1994-030 Consent Order Amendment for Discharge & Storage System of Leaded Gasoline' RESOLUTION NO. 30-94
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
MAYOR AND VILLAGE CLERK TO ENTER
INTO A CONSENT ORDER AMENDMENT WITH
THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION ATTACHED AS
EXHIBIT "A" FOR THE PURPOSE OF
ESTABLISHING AND SETTING FORTH THE
REQUIRED ASSESSMENT AND REMEDIAL
ACTIVITIES FOR DISCHARGE OF LEADED
GASOLINE DURING THE CALENDAR YEAR
1985 FROM THE STORAGE SYSTEM LOCATED
AT THE NORTH PALM BEACH COUNTRY
CLUB; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village of North Palm Beach and State of
' Florida Department of Environmental Regulation entered into a
Consent Order, OGC Case No. 86-0352, in October of 1986, for the
purpose of setting forth assessment and remedial activities for
discharge of leaded gasoline during the calendar year 1985 from the
storage system located at the North Palm Beach Country Club; and
WHEREAS, the State of Florida Department of Environmental
Regulation, now known as State of Florida Department of
Environmental Protection, has adopted Florida Administrative Code
Chapter 17-770 (Petroleum Contamination Site Cleanup Criteria),
which supersedes the remedial activities set forth in the original
Consent Order; and
WHEREAS, the Village Council of the Village of North Palm
Beach, Florida, is desirous of resolving the required assessment
' and remedial activities at the North Palm Beach Country Club site
on an amicable basis.
L_.l
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1. The Village Council of the Village of North
Palm Beach does hereby approve the Consent Order Amendment with the
State of Florida Department of Environmental Protection attached as
Exhibit "A" which is for the purpose of establishing and setting
forth the required assessment and remedial activities for discharge
of leaded gasoline from the storage system located at the North
Palm Beach Country Club.
Section 2. The Mayor and Village Clerk are hereby
authorized and directed to execute the Consent Order Amendment with
the State of Florida Department of Environmental Protection set
forth in Exhibit "A" for and on behalf of the Village of North Palm
Beach.
Section 3. This Resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED THIS 28th DAY OF July 199q
(VilJ.age Seal)
V ~~~~~
MAYOR
ATTEST ~ ~~
VILLAGE CLERK
1•
STATE OF FLORIDA
' DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE
OF ENVIRONMENTAL PROTECTION ) SOUTHEAST FLORIDA DISTRICT
complainant, )
vs. ) OGC CASE NO. 86-0352
THE VILLAGE OF NORTH PALM BEACH,. )
Respondent. )
CONSENT ORnER AtiENDMENm
This Consent order Amendment ("Amendment") is entered into
between the State of Florida Department of Environmental
Protection ("Department") and The Village of North Palm Beach
("Respondent"), to reach settlement of certain matters at issue
between the Department and the Respondent.
The Department finds and the Respondent admits the
' following:
1. The Department is the administrative agency of the State
of Florida which has the authority to administer and enforce the
provisions of Chapter 403 and 376, Florida Statutes ("F.S."), and
the rules promulgated thereunder in Florida Administrative Code
("F.A.C.") Title 17. The Department has jurisdiction over the
matters addressed in this Amendment.
2. Respondent is an incorporated municipality within the
State of Florida and is a person within the meaning of Section
403.031(5), F.S.
3. Respondent, through its Public Services Department, owns
and operates a storage tank system ("storage tank system") at a
recreation facility known as The Village of North Palm Beach
Country Club (the "facility" or the "site"). The storage tank
system consists of one 550 gallon aboveground tank and is located
at 951 U.S. Highway 1, North Palm Beach, Florida 33408-1631
' (Latitude 260 49' 48" North and Longitude 80° 03' 46" West). Two
4,000 gallon underground tanks were removed from the storage tank
'The Village of North Palm Beach Country Club
OGC File No. 86-0352
Page 2 of 9
' system in 1991. The Department Facility Identification Number
for the site is 508623037.
4. On October 21, 1986, Consent Order No. 86-0352 ("Consent
order") was entered into between the Department and Respondent to
resolve violations resulting from a discharge of approximately
3,500 gallons of leaded gasoline from the underground tanks at
the facility and to address assessment and remediation of soil
and ground water at the site. The Consent order is incorporated
herein as Exhibit A.
5. Paragraph X11 of the Consent Order (as cited below)
requires the Respondent to implement "Corrective Actiona for
Gasoline Contamination Cases".
Paragraph X11 of Consent Order No. 86-0352:
Respondent shall implement corrective actions as set
forth in the document entitled "Corrective Actions for
Gasoline Contamination Cases" attached hereto as Exhibit
' I, within the time frames set forth therein.
6. Since filing and execution of the Consent Order, the
Department has adopted F.A.C. Chapter 17-770 (Petroleum
Contamination Site Cleanup Criteria), which supersedes the
"Corrective Actions for Gasoline Contamination Cases".
Therefore, the assessment and remedial activities required at the
site should follow the cleanup provisions of F.A.C. Chapter 17-
770.
7. On November 1, 1993, the Department and Respondent met
to discuss how to proceed with site cleanup. Both the Department
and Respondent agreed that the Consent Order should be amended to
incorporate F.A.C. Chapter 17-770, and that a Contamination
Assessment Report (CAR) should be completed to define the
contaminant plume.
Having reached resolution of the matter pursuant to F.A.C.
Rule 17-103.110(3), the Department and the Respondent mutually
' agree and it is, '
ORDERED:
The Village of North Palm Beach Country Club
occ File No. 86-0352
Page 3 of 9
' 8. Respondent shall immediately implement the requirements
of F.A.C. Chapter 17-770. All requirements shall be met in
compliance with time frames set. forth therein unless stipulated
otherwise in this Amendment and until it is determined by the
Department that a petroleum or petroleum product contamination
site rehabilitation program is complete. For the purposes of
this Amendment, the due date for submittal of a CAR addendum
shall be August 31, 1994. if additional time is needed, a
written time extension request shall be submitted to the
Department.
9. Within 20 days of execution of this Amendment,
Respondent shall pay the Department $250.00 for costa and
expenses incurred by the Department. 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 Amendment and the
notation "Inland Protection Trust Fund." The payment shall be
sent to the Department of Environmental Protection, P.O. Box
15425, West Palm Beach, Florida, 33416.
lo. Respondent agrees to pay the Department stipulated
penalties in the amount of $200.00 per day for each and every day
Respondent fails to timely comply with any of the requirements of
paragraphs 8 and 9 of this Amendment. A separate stipulated
penalty shall be assessed for each violation of this Amendment.
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 Amendment and the notation "Inland Protection Trust
Fund." Payment shall be sent to the Department of Environmental
Protection, P.O. Box 15425, West Palm Beach, Florida, 33416. The
Department may make demands for payment at any time after
t violations occur. Nothing in this paragraph shall prevent the
Department from filing suit to specifically enforce any of the
terms of this Amendment. Any penalties assessed under this
Tha Village of North Palm Beach Country Club
OGC File No. 86-0352
Page 4 of 9
' paragraph shall be in addition to the settlement sum agreed to in
paragraph 9 of this Amendment. 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 Amendment in an amount
greater than the stipulated penalties due under this paragraph.
11. If any event occurs which causes delay, or the
reasonable likelihood of delay, in complying with the
requirements or deadlines of this Amendment, Respondent shall
have the burden of proving that the delay was or will be caused
by the circumstances beyond the reasonable control of Respondent
and could not have been or cannot be overcome by Respondent's due
diligence. Economic circumstances shall not be considered
circumstances beyond the control of Respondent, nor shall the
failure of a contractor, subcontractor, materialman or other
agent (collectively referred to as "contractor") to whom
' responsibility for performance is delegated to meet contractually
imposed deadlines be a cause beyond the control of Respondent,
unless the cause of the contractor's late performance was also
beyond the contractor's control. Upon occurrence of an event
causing delay, or upon becoming aware of a potential for delay,
Respondent shall notify the Department orally within 24 hours or
by the next working day and shall, within 7 days of oral
notification to the Department, notify the Department in writing
of the anticipated length and cause of the delay, the measures
taken or to be taken to prevent or minimize the delay, and the
timetable by which Respondent intends to implement these
measures. If the parties can agree that the delay or anticipated
delay has been or will be caused by circumstances beyond the
reasonable control of Respondent, the time for performance
hereunder shall be extended for a period equal to the agreed
delay resulting from such circumstances. Such agreement shall
' adopt all reasonable measures necessary to avoid or minimize
delay. Failure of Respondent to comply with the notice
requirements of this paragraph in a timely manner shall
The Village of North Palm Beach Country Club
OGC File No. 86-0352
Page 5 of 9
' constitute a waiver of Respondent's right to request an extension
of time for compliance with the requirements or deadlines of this
Amendment.
12. The Respondent shall provide within a reasonable time
at its expense a permanent safe drinking water supply meeting all
drinking water standards set forth in F.A.C Chapter 17-550 to
replace any potable water well that is shown by chemical and
hydrogeologic analyses to be contaminated by the Respondent's
operations.
13. The Department, for and in consideration of the
complete and timely performance by Respondent of the obligations
agreed to in this Amendment, hereby waives its right to seek
judicial imposition of damages or civil penalties for alleged
violations outlined in this Amendment. Respondent waives its
right to an administrative hearing afforded by Section 120.57,
F.S., on the terms of this Amendment. Respondent acknowledges
its right to appeal the terms of this Amendment pursuant to
Section 120.68, F.S., but waives that right upon signing this
Amendment.
14. The Department reserves the right to split samples with
Respondent throughout the sampling program agreed to pursuant to
the procedures set forth in the cleanup provisions of F.A.C.
Chapter 17-770, and to take samples on its own initiative, after
giving Respondent reasonable notice, in order to verify
completion of any or all steps in the sampling and clean-up
program. Respondent shall provide the Department with no less
than 72 hours notice prior to any sampling event.
15. Persons who are not parties to this Consent Order
Amendment but whose substantial interests are affected by this
Consent Order Amendment have a right, pursuant to Section 120.57,
F.S., to petition for an administrative hearing on it. The
Petition must contain the information set forth below and must be
t filed (received) at the Department's Office of General Counsel,
2600 Blair Stone'ROad, Tallahassee, Florida 32399-2400, within 21
days of receipt of this notice. A copy of the Petition must also
The Village of North Palm Beach Country Club
OGC File No. 86-0352
Page 6 of 9
t be mailed at the time of filing to the Distriot Office named
above at the address indicated. Failure to file a petition
within the 21 days constitutes a waiver of any right such person
has to an administrative hearing pursuant to Section 120.57, F.S.
The petition shall contain the following information:
(a) The name, address, and telephone number of each petitioner;
the Department's Consent Order Amendment identification number
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 Amendment; (c) A statement of how
each petitioner's substantial interests are affected by the
Consent order Amendment; (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 Amendment; (f) A statement of which rules or
statutes petitioner contends require reversal or modification of
the Consent Order Amendment; (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 Amendment.
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 Amendment have the right to petition to
become a party to the proceeding. The petition must conform to
the 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 Section
120.57, F.S., 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 6oQ-2.010,
F.A.C.
'The Village of North Palm Beach Country Club
OOC File No. 86-0352
Page 7 of 9
t 16. Nothing herein shall be construed to limit the
authority of the Department to undertake any action against any
Respondent in response to or to recover the costs of responding
to conditions at or from the site that require Department action
to abate an imminent hazard to the public health, welfare or the
environment.
17. Entry of this Amendment does not relieve Respondent of
the need to comply with the applicable federal, state or local
laws, regulations or ordinances.
18. The terms and conditions set forth in this Amendment
may be enforced in a court of competent jurisdiction pursuant to
Sections 120.69 and 403.121, F.S. Failure to comply with the
terms of this Amendment shall constitute a violation of Section
403.161(1)(b), F.S.
19. Respondent is fully aware that a violation of the terms
of this Amendment may subject Respondent to judicial imposition
of damages, civil penalties up to $10,000 per offense and
criminal penalties.
20. Respondent shall allow all authorized representatives
of the Department access to the property at reasonable times for
the purpose of determining compliance with this Amendment and the
rules of the Department.
21. The Department hereby expressly reserves the right to
initiate appropriate legal action to prevent or prohibit any
violations of applicable statutes or the rules promulgated
thereunder that are not specifically addressed by the terms of
this Amendment.
22. No modifications of the terms of this Amendment shall
be effective until reduced to writing and executed by both the
Respondent and the Department.
23. All reports, plans, data, penalties, costs and expenses
required by this Amendment to be submitted to the Department
should be sent to Vivek Kamath, Waste Programs Administrator,
Florida Department of Environmental Protection, P.O. Box 15425,
West Palm Beach, Florida, 33416.
The Village of North Palm Beach Country Club
oGC File No. 86-0352
Page 8 of 9
' 24. The provisions of, this Amendment shall apply to and be
binding upon the parties, their officers, their directors,
agents, servants, employees, successors, and assigns and all
persona, firms and corporations acting under, through or for them
and upon those persons, firms and corporations in active concert
or participation with them.
25. If all of the requirements of this Amendment have not
been fully satisfied, Respondent shall, at least 14 days prior to
a sale or conveyance of the property, (1) notify the Department
of such sale or conveyance, and (2) provide a copy of this
Amendment with all attachments to the new owner.
26. This Amendment is a settlement of the Department's civil
and administrative authority arising from Chapters 403 and 376,
F.S., to pursue the allegations addressed herein. This Amendment
does not address settlement of any criminal liabilities which may
arise from Sections 403.16L(3) through (5), 403.413(5),
403.727(3)(b), 376.302(3) and (4), or 376.3071(10), F.S., nor
does it address settlement of any violation which may be
prosecuted criminally or civilly under federal law.
27. This Amendment is final agency action of the Department
pursuant to Section 120.69, F.S. and F.A.C. Rule 17-103.110(3),
and it. is final and effective oh the date filed with the Clerk of
the Department unless a Petition for Administrative Hearing ie
filed in accordance with Chapter 120, F.S. Upon the timely
SPACE INTENTIONALLY LEFT $LANK
PAGE 9 FOLLOWS
1
1'ho Village of North Palm Beach Country Club
OGC File No. 86-0352
Page 9 of 9
filing of a petition this Amendment will not be effective until
further order of the Department.
~ 9
DA E
~~9
D E
FOR THE RESPONDENT:
Gail Vastola, Mayor
The Village of North Palm Beach
645 Prosperity Farms Road
North Pal each, FL 33408
Bitty Belly, Village Clerk
The Village of North Palm Beach
645 Prosperity Farms Road
North Palm Beach, FL 33408
U
DONE AND ORDERED this ~~ day of ,
1994, in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF
E ONMENTAL OTEC
X30 ~y
DAT MARY E.S. WILLIAMS
~ DIRECTOR OF DISTRICT MANAGEMENT
Florida Department of
Environmental Protection
P.O. Box 15425
West Palm Beach, FL 33416
Telephone (407)433-2650
FILING AND ACKNOWLEDGEMENT
FILED, on this date, pursuant to 5120.52 F.S., with the
designated Department Clerk, receipt of which is hereby
acknowledged.
Clerk Date
Copies furnished to:
Larry Morgan, Office of General Counsel, DEP, Tallahassee
Palm Beach County Environmental Resources Management
West Palm Beach DEP Files
~~~'
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION,
IN THE OFFICE OF THE
SOUTHEAST FLORIDA DISTRICT
Complainant,
vs.
OGC Case No. 86-0352
VILLAGE OF NORTH PALM BEACH,
Respondent.
CONSENT ORDER
Pursuant to the provisions of Sections 403.121(2) and
120.57(3), Florida Statutes (F.S.), and Florida
(F.A.C.) Rule 17-103.110, this Consent Order is
the State of Florida Department of Environmenta
("Department") and Village of North Palm Heach
to reach settlement of certain matters at issue
Department and Respondent.
Administrative Code
entered into between
L Regulation
("Respondent")
between the
The Department finds and Respondent admits the following:
1. The Department is the administrative agency of the
State of Florida having the power and duty to control and prohibit
pollution of air and water in accordance with Chapters 376 and 403,
F.S., and rules promulgated thereunder. The Department teas
jurisdiction over the matters addressed in this Consent Order.
2. Respondent is an incorporated municipality within the
State of Florida and is a person within the meaning of Section
403.031(5), F.S.
3. Respondent, through its Public Services Department,
owns and operates a recreation facility known as the Village of
North Palm Beach Country Club. The street address is 901 U.S.
Highway 1, Village of North Palm Beach, Florida. At this location
Respondent operates a golf course maintenance compound. A storage
EXHIBIT A
® ~
. :~ ''~ ~.
system consisting of tanks and integral piping which receives,
stores, and dispenses petroleum products for use as fuel in vehicles
is located in the compound. The referenced storage system includes
two (2) 4,000 gallon underground steel storage tanks that were
reported to be more than 20 years old..
4. On December 9, 1985, Respondent reported to the
Department that a tank leak had occurred at the subject facility.
The discharge was estimated by Respondent to be approximately 3,000
gallons of leaded gasoline. Upon discovery of the leak condition,
both tanks were pumped out to await replacement.
5. On December 9, 1985, Department personnel conducted a
field inspection of the subject facility. A contractor for
Respondent, Southeast Environmental Consultants, Inc., had completed
installation of seven (7) monitoring wells for use in assessing the
extent of groundwater contamination. Initially three (3) of the
wells contained gasoline layers. Product thickness measurements
from these wells ranged from 4.5" to 12".
6. On February 17, 1986, a site activity summary was
' submitted by the aforementioned consulting firm. The report
provided a revised estimate of 3,542 gallons of gasoline originally
discharged. A pneumatic skimmer-type product pump had been
installed in a monitoring yell to recover free product at the site.
/ 3 70 CAL 5. ~- (Pt d5 ,E /.oPO.~j~Tinn~ °>
Approximtely ~~ gallons of product had been recove .ring
to the report.
7. A reinspection of the site was conducted by Department
personnel on March 5, 1986. Free-floating gasoline continued to be
present in three (3) monitoring wells.
8. On June 16, 1986, the Department issued a tdotice of
Violation, OGC Case No. 86-0352 alleging that Respondent's
activities have resulted in violations of:
a. Section 903.087, F.S., which prohibits disc}iarges by
stationary installations reasonably expected to be a
source of pollution, unless authorized by Department
permit or rule;
Z
~~r
b. F.A.C. Rule 17-4.295(2), which prohibits any
installation from discharging into groundwater a
contaminant that causes a violation in water quality
standards or minimum criteria for the receiving
groundwater except within a zone of discharge established
by permit or rule;
c. Section 403.161(1)(b), F.S., which makes it a
violation of Chapter 403, F.S., to fail to comply with any
rule, regulation, order, permit or certification adopted
or issued by the Department pursuant to its lawful
authority;
d. Section 376.302, F.S., which prohibits the discharge
of pollutants into or upon any waters of the SL-ate or
lands in violation of State standards; and
e. Section 376.305(1), F.S., and F.A.C. Rule
17-61.05(4)(b) which require any person causing a
discharge of pollutants to immediately undertake to
contain, remove and abate the discharge to the
satisfaction of the Department.
Incorporated into the Notice of Violation were Orders for Corrective
Action describing what Respondent must do to resolve this matter.
Required tasks included development of a site assessment and a
remedial action plan to address the recovery of remaining free
product and the restoration of the affected groundwater.
9. The parties met and discussed this matter in an
informal conference conducted on July 1, 1986. As a result of these
discussions, the issues raised herein have been resolved.
THEREFORE, having reached resolution of the matter,
pursuant to F.A.C. Rule 17-103.110(3) Respondent and the Department
mutually agree and it is
ORDERED:
10. Respondent shall immediately cease all discharges from
its facility to the ground and/or surface waters of the State as
required by Section 376.305, F.S., and F.A.C. Rule 17-61.05(9)(b).
3
p
11. Respondent shall implement corrective actions as set
forth in the document entitled "Corrective Actions for Gasoline
Contamination Cases" attached hereto as Exhibit I, within the time
frames set forth therein.
12. Nothing in this Consent Order shall prohibit
Respondent from continuing recovery of free product, the
installation of monitoring wells or any other action that .is
necessary to abate the discharge of pollutants as required by
Section 376.309(1), F.S., and F.A.C. Rule 17-61.05(4)(b). However,
Respondent acknowledges that any action taken prior to Department
approval is taken at Respondent's own risk and will not necessarily
result in subsequent Department approval of the action.
13. within thirty (30) days, Respondent shall make payment
to the Department for costs and expenses in the amount of $500.00.
Payment shall be made by certified check or money order payable to
the "State of Florida Department of Environmental Regulation" and
shall be sent to the Department's Southeast Florida District Office,
3301 Gun Club Road, Post Office Box 3858, West Palm Beach, Florida
33402.
14. For and in consideration of the complete and timely
performance by Respondent of the obligations agreed to in this
Consent Order, the Department hereby waives its right to seek
judicial imposition of civil penalties concerning the issues
involved in this Consent Order.
15. Persons not parties to this Consent Order whose
substantial interests are affected by this Consent Order have a
right, pursuant to Section 120.57, F.S., to petition for an
administrative determination (hearing) on it. The petition must
conform to the requirements of Chapters 17-103 and 28-5, F.A.C., and
must be filed (received) in the Department's Office of General
Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32301, within
fourteen (14) days of receipt of this Notice. Failure to file
petition within the fourteen (14) days constitutes a waiver of any
right such person has to an administrative determination (hearing
pursuant to Section 120.57, F.S.
4
i.
16. Respondent waives its right to an administrative
hearing on the terms of this Consent Order pursuant to Section
120.57, F.S., and its right to appeal this Consent Order pursuant to
Section 120.68, F.S.
17. Nothing herein shall be construed to limit the
authority of the Department to take action necessary against
Respondent to respond to, or to recover the costs of responding to,
conditions at or from the site which may present an imminent hazard
to the public health, safety, welfare or the environment if:
a) The conditions were previously unknown to or
undetected by the Department;
b) The conditions result from the implementation of the
Remedial Action Plan or this Consent Order; or
c) Other previously unknown facts arise or are discovered
after entry of this Consent Order.
18. Respondent shall provide within a reasonat>le time at
its expense a permanent safe drinking water supply meeting all
drinking water standards set forth in F.A.C. Chapter 17-22 to
replace any potable water well that is shown by chemical or
hydrogeologic analyses to be contaminated by Respondent's
operations.
19. Entry of this Consent Order does not relieve
Respondent of the need to comply with applicable federal, state or
local laws, regulations, or ordinances.
20. 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, F.S. Failure to comply with the
terms of this Consent Order shall constitute a violation of Section
403.161(i)(b), F.S.
21. Respondent is fully aware that a violation of the
terms of this Consent Order may subject Respondent to judicial
imposition of damages, civil penalties up to $10,000 per day per
offense and criminal penalties.
5
~, .:
22. Respondent shall allow all authorized representatives
of the Department access to the property at reasonable times for the
purpose of determining compliance with the terms of this Consent
Order and the rules of the Department.
23. The Department hereby expressly reserves .the right to
initiate appropriate Legal action to prevent or prohibit future
violations of applicable statutes or the rules promulgated
thereunder.
24. No modification of the terms of this Consent Order
shall be effective until reduced to writing and executed by
Respondent, except as otherwise specified in Exhibit I.
25. All reports, plans, and data required by this Consent
Order to be submitted to the Department should be sent to the
Enforcement Section Head, Southeast Florida District, Department of
Environmental Regulation, 3301 Gun Club Road, Post Office Box 3858,
West Palm Beach, Florida 33402 and to the Bureau of Operations, 2600
Blair Stone Road, Tallahassee, Florida 32301.
6
26. This Consent Order is the final agency action of
the Department pursuant to Section 120.69, F.S., and F.A.C. Rule
17-103.110(3), 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, F.S. Upon the
timely filing of a petition this Consent Order will not be effective
until further order of the Department.
a
FOR THE RESPONDENT:
MR. CRAiG RUT. MByOt'" '
Village of North Palm Beach
501 U.S. ighway 1
North Palm Beach, Florida 33408
Sf //
DONE AND ORDERED this ~/ day of bhp-- , 1986,
in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION
FILI!!~^- F.':7 ACI<N0:';'LEwL!J!Ei~T
FILE`?. ~n :.., . - .. ru--c:r-' to '.?20.52 (91,
Florida S - t~~ o•. .. Ceparl•
men; Cie: I;, :. :i; : ct ~,h~ch E, . - -' ; oeknow•
ledt;ed.
~o..,....,i.~cDup,~Z lb-~,`~-~
C?ct k Date
~~rict Mat4dger
Southeast Florida District
3301 Gun Club Road
Post Office Box 3858
West Palm Beach, Florida 33402
Telephone: 305/689-5800
Copies furnished to:
Office of General Counsel, DER, Tallahassee
Palm Beach Count Health Department
West Palm Beach DER Files
7
~ ~
-
CORRECTIVE ACTIONS FOR GASOLINE CONTAMINATION CASES
1. Within 30 days of the effective date of the Order to which
these Corrective Actions are attached, Respondent shall submit to the
Department a detailed written Contamination Assessment Plan ("CAP").
A. The objectives of the CAP shall be to:
(1) Establish the areal and vertical extent of soil,
sediment, surface water and groundwater contamination;
(2) Determine or confirm the contaminant source(s);
mechanisms of contaminant transport; rate and direction of contaminant
movement in the air, soils, surface water and groundwater; and the
rate and direction of groundwater flow;
(3) Determine the vertical and horizontal extent of
groundwater contaminated with dissolved constituents. Tl:e dissolved
constituents to be analyzed for are as follows:
1,2-Dichloroethane (EPA Method 601)
Benzene -
Toluene ---(EPA Method 602)
Xylene
Ethylbenzene -
Total VOC (All detectable compounds by Method 602)
Lead (Furnace Method)
EDB (EPA Method 601 with ECD substituted
for Hall detector, 2 column
confirmation)
All EPA Method 601 Constituents
Delete 1,2-Dichloroethane, Lead and EDB if unleaded gasoline. Other
analytical methods may be used subject to Departmental approval.
(4) Determine the amount of product lost, and the time
period over which it was lost;
(5) Determine by means of a tightness test the structural
integrity of all aboveground and underground storage systems which
exist at the site. The tightness test must adequately account for
variables such as vapor pockets, thermal expansion and contraction of
product, temperature stratification, ground water level, evaporation,
pressure, and end deflection. The test must be performed as required
by Florida Administrative,Code Rule 17-61.D6(2)(d)9.a. and, b. and must
be performed using the product normally dispensed from the storage'
system or a product with equivalent surface tension;
., ;
(6) Establish the vertical and horizontal extent of
free product on the water table; and
(7) Determine whether interim remedial measures are
necessary to abate any imminent hazard.
B. The CAP shall specify tasks, the purposes of which are
to arrive at the objectives described in subparagraph t.A. above.
The CAP shall include a reasonable time schedule for completing each
task. The tasks may include but are not limited to the following:
(1) Use of plezometers to determine the horizontal and
vertical directions of the groundwater flow;
(2) Use of fracture trace analysis to discover linear
zones in which discrete flow could take place;
(3) Use of sand point or monitoring wells to sample
groundwater contaminated areas and to trace the horizontal and
vertical extent of the groundwater plume;
(9) Sampling of private wells;
(5) Sampling of surface water and sediments;
(6) Use of geophysical equipment such as vapor
analyzers, magnetometers, or metal detectors to detect tanks,
lines, etc.; and
{7) Identification of the extent of soils contaminated
by gasoline.
C. The CAP shall include, as a separate document, a Quality
Assurance Project Plan ("QAPP"), which shall apply to all sampling and
analyses required by this Consent Order. The QAPP shall be prepared
in accordance with the requirements set forth in the document entitled
"DER Guidelines for Preparing Quality Assurance Plans, DER-QA-001/85,
January 30, 1986". A copy of the document is available upon request
from the Department. A QAPP is required for all persons collecting
or analyzing samples. The Department reserves the right to reject
all results submitted by Respondent prior to QAPP approval.
2. The Department shall review the CAP and provide Respondent
with a written response to the proposal. Respondent shall not
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implement the CAP until Respondent receives written notification
from the Department that the CAP has been approved.
3. In the event that additional information is necessary for the
Department to evaluate the CAP, the Department shall make a written
request to Respondent for the information, and Respondent shall
provide all requested information in writing to the Department within
20 days from receipt of said request.
4. In the event that the Department determines that the CAP
submitted by Respondent does not adequately address the objectives of
the CAP as set forth in subparagraph 1.A. above, the Department will
notify Respondent in writing of the CAP's deficiencies. Respondent
shall then have 20 days from the Department's notification to resubmit
a modified CAP addressing the deficiencies noted by the Department.
5. If the Department determines upon review of the resubmitted
CAP that the CAP still does not adequately address the objectives of
the CAP as set forth in subparagraph 1.A. above, the Department, at
its option, may choose either to:
A. Draft specific modifications to the CAP and notify the
Respondent in writing that the Department's modifications shall be
incorporated in the CAP; or
B. Notify Respondent-that Respondent has failed to comply
with paragraph 9 above, in which case the Department may do any or
all of the following: take legal action to enforce compliance with
the Consent Order, file suit to recover damages and civil penalties,
or complete the corrective actions outlined herein and recover the
costs of completion from Respondent.
6. Once a CAP has been approved by the Department, it shall
become effective and made a part of this Consent Order and shall be
implemented within ten days of the Department's notification to
Respondent that the CAP has been approved. The CAP shall incorporate
all required modifications to the CAP identified by the Department.
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7. Within 20 days of completion of the tasks in the CAP,
Respondent shall submit a written contamination assessment report
("CAR") to the Department. The CAR shall:
A. Summarize and analyze all CAP tasks;
B. Discuss the CAP objectives outlined in subparagraph 1.A.;
and
C. Specify conclusions regarding CAP objectives outlined in
subparagraph 1.A.
e. The Department shall review the CAR and determine whether it
has adequately met the objectives specified in subparagraph 1.A. In
the event that additional information is necessary to evaluate the
CAR, the Department shall make a written request and Respondent shall
provide all requested information within 20 days of receipt of said
request.
9. Within 30 days of receipt of written approval of the CAR
from the Department, Respondent shall choose one of the following:
A. Prepare and implement a Remedial Action Plan ("RAP")
under the procedures set forth in paragraphs 10 through 19. The
objectives of the RAP shall be to achieve the cleanup of the
contaminated area to levels that meet the water quality standards
and minimum criteria set forth in Florida Administrative Code Chapter
17-3; or
B. Prepare and implement a Feasibility Study ("FS") under
the procedures set forth in paragraphs 20 through 27. The FS shall be
implemented if Respondent wishes to determine what alternative methods
may be available for achieving the corrective action required in
Florida Administrative Code Rule 17-4.245(7).
10. The RAP shall include:
A. Design and construction details for the remedial
approach;
B. Operational details of. the remedial action;
C. A separate QAPP document;
D. Safety plan; and
E. Proposed methodology for evaluation of the site status
after the remedial action is complete to verify accomplishment of the
goals of the RAP.
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11. The Department shall review the RAP and provide Respondent
with a written response to the proposal. Respondent shall not
implement the RAP until Respondent receives written notification
from the Department that the RAP has been approved.
12. In the event that additional information is necessary for
the Department to evaluate the RAP, the Department shall make a
written request to Respondent for the information, and Respondent
shall provide all requested information in writing to the Department
within 20 days from receipt o.f said request.
13. In the event that the Department determines that the RAP
submitted by Respondent does not adequately address the objectives
of the RAP, the Department will notify Respondent in writing of the
RAP's deficiencies. Respondent shall then have 20 days from the
Department's notification to submit a modified RAP addressing the
deficiencies noted by the Department.
14. If the Department determines upon review of the modified
RAP that the RAP still does not adequately address the objectives set
forth in paragraph 9, the Department, at its option, may choose either
to:
A. Draft specific modifications to the RAP and notify the
Respondent in writing that the Department's modifications shall be
incorporated in the RAP; or
B. Notify the Respondent that Respondent has failed to
comply with paragraph 12 above, in which case ttie Department may do
any or all of the following: take legal action to enforce compliance
with the Consent Order, file suit to recover damages and civil
penalties, or complete the corrective actions outlined herein and
recover the costs of completion from Respondent.
15. Once a RAP has been approved by the Department, it shall
become effective and made a part of the Order to which these
Corrective Actions are attached and shall be implemented within ten
days of the Department's notification to Respondent that the RAP has
been approved. The RAP shall incorporate all required modifications
to the RAP identified by the Department.
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16. Respondent shall submit quarterly reports to the Department
containing the following information:
A. Data collected at least monthly showing depth and areal
extent of free product floating on the water table;
B. Concentrations of dissolved constituents required in
subparagraph 1.A.(3) based upon data collected at least monthly in the
water phase in the recovery well; and at least weekly for the first
month and at least monthly thereafter from the effluent in the air
stripper, the carbon filter, or prior to discharging to a sewage
treatment plant; and
C. Total volume of free product recovered.
17. The groundwater treatment and free product recovery operation
performed under the RAP shall be deemed completed to the satisfaction
of the Department when all of the following four conditions are met:
A. No free product can be identified in any recovery well or
monitoring well for a period of one year;
B. The analysis of groundwater samples from the recovery
wells shows that all of the following contaminants have been reduced
to or below the following levels (unless higher levels have been
established under the FS in which case the contaminants must be
reduced to or below those levels):
Benzene 1 ug/1
1,2-Dichloroethane 3 ug/1
EDB 0.02 ug/1
Total VOC's 50 ug/1
Lead 50 ug/1
C. The analysis of groundwater samples from monitoring
wells that never contained free product meets the clean-up levels
in subparagraph T7.B; and
D. Respondent satisfies the Department that tl~e absence of
free product or the listed contaminants are not due to tiydrogeologic
anomalies.
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18. The goal of the remedial action at the site shall be to meet
the water quality objectives set forth in paragraph 17.
However, should Respondent be able to demonstrate after a minumum
of 12 months of groundwater treatment that the concentrations of
dissolved contaminants have leveled off at some value which is above
the cleanup objectives, Respondent shall so notify the Department and
provide evidence for this claim. Leveling off shall rtiean that the
graph of the contaminant concentrations versus time fits a curve
generally defined by the equation C=Cf+Coekt (see foot.note),
that the lower limb of the curve is substantially linear and that
the slope of that portion of the curve approaches zero. Appropriate
statistical methods shall be applied to demonstrate this conclusion.
If the Department agrees that the Respondent has demonstrated that a
leveling off in the reduction of contaminant concentrations has
occurred, the Respondent shall submit a written report to the
Department describing:
A. The technical feasibility of other groundwater treatment
techniques to further reduce the contaminant levels at the site;
H. The costs and time frames involved to further reduce the
contaminant levels employing the alternate method(s) proposed pursuant
to the FS; and
C. Tt:e effects on the water resource and other potential
environmental and public health impacts if the contaminants remain at
existing levels.
Footnote - in this equation, the symbols are defined as follows:
C: Contaminant Concentration at time t.
t: Time in days from some arbitrary starting point.
Cf: Coefficient representing final concentration which the
curve approaches asymptotically.
Co: Coefficient representing concentration difference between
the final concentration and the concentration at time zero.
k: Coefficient representing exponential factor which
indicates how fast the concentrations approach Cf.
. e: 2.718281828459045. , the base of natural
logarithms.
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After reviewing the report, the Department shall decide whether the
cleanup operation has been completed or whether alternate methods
should be employed to effect further treatment. The 12-month period
referenced above may be shortened if Respondent can demonstrate to th
Department's satisfaction that such shorter time is appropriate.
19. Following the termination of recovery operations, all
monitoring wells that never contained free product and all recovery
wells shall be sampled quarterly for a period of one year and analyzes
for dissolved constituents. The results of these ana.Lyses shall be
reported to the Department upon receipt by Respondent. If any
quarterly sample from any well shows the presence of contaminants at
values in excess of those set forth in paragraph 17, or such other
levels as may be approved pursuant to paragraph 16, or if any well
shows the presence of free product, Respondent shall immediately
reinstitute recovery operations.
20. If Respondent chooses pursuant to paragraph 9 to perform
a FS, Respondent shall submit to the Department for its review a
Feasibility Study Plan ("FSP"). The purpose of the FS is to develop
and evaluate all alternatives in order to identify the most
environmentally sound and cost effective remedial action for the site
as required by Florida Administrative Code Rule 17-4.295(7). The FSP
shall provide an outline of the elements to be included in the FS and
shall explain how Respondent plans to address each of the elements.
The FSP shall provide a detailed description of the technical approach
Respondent shall use to address each task to be conducted during the
FS. At a minimum, the FSP shall address the following task elements:
A. The objectives of the remedial action, as required by
Department rules and state and federal statutes: e.g., to prevent
groundwater contamination; to remove, contain or render harmless the
contamination source; to clean up to the water quality standards and
minimum criteria in Florida Administrative Code Chapter 17-3; etc.;
B. Risk assessment, which shall include consideration of the
toxicity of the plume, transport mechanisms and rate of migration of
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the plume, persistence in the environment and rate the plume is
being diluted, and impacts on human health and the environment of
the substances associated with the site;
C. Methods to quantify contaminant movement off-site, to
identify impact zones, and to identify and quantify hazardous zones;
D. Development of criteria for evaluation of remedial
alternatives for the site, to include at a minimum environmental
protection, environmental effects, implementability, capital costs,
operations and maintenance costs, present worth, safety requirements
during implementation, reliability, operation and maintenance
requirements, feasibility, time required to achieve cleanup, and
legal consideration of the alternatives;
E. Identification and review of pertinent treatment,
containment, removal and disposal technologies;
F. Screening of technologies to detect the most appropriate
technologies and to eliminate those clearly not feasible or
appropriate;
G. Pilot tests or bench tests to evaluate the alternatives,
if necessary;
H. Review and selection of potential cemedial alternatives
using criteria established in tasks D through G above;
1. Selection of the best remedial alternative; and
J. A reasonable timetable for completion of the tasks.
21. The Department .shall review the FSP and provide Respondent
with a response to the proposal. The Department's review shall be
consistent with the requirements of Florida Administrative Code Rule
17-4.245(7). Respondent shall implement the FS tasks upon receipt
of written notification from the Department that the FSP has been
approved.
22. In the event that additional information is necessary for
the Department to evaluate the FSP, the Department shall make a
written request, and Respondent shall provide all requested
information in writing to the Department within 20 days from
receipt of said request.
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23. In the event that the Department determines that the FSP
submitted by Respondent does not adequately address the objectives in
paragraph 20, the Department will notify Respondent in writing of the
FSP's deficiencies. Respondent shall then have 20 days from the
Department's notification to submit a modified FSP addressing the
deficiencies noted by the Department.
29. If the Department determines upon review of the resubmitted
FSP that the FSP still is not adequate, the Department, at its option,
may choose either to:
A. Draft specific modifications to the FSP and notify
Respondent in writing that the Department's modifications shall be
incorporated in the FSP; or
B. Notify Respondent that Respondent has failed to comply
with paragraph 23 above, in which case the Department may do any or
all of the following: take legal action to enforce compliance with
the Consent Order, file suit to recover damages and civil penalties,
or complete the corrective actions outlined herein and recover the
costs of completion from Respondent.
25. Once the FSP, with modifications, if any, has been approved
by the Department. it shall become effective and made a part of this
Consent Order and shall be implemented by Respondent within ten days
of the Department's notification to Respondent that the FSP has been
approved.
26. Within 45 days .of completing the FS, Respondent shall submit
an FS Report to the Department. The FS Report shall:
A. Summarize and analyze all FS task results; and
B. Propose a conceptual remedial action plan based on the
selection process carried out in the FS.
27. The Department shall review the FS Report and determine'
whether it has adequately met the remedial action objectives. In
the event that additional information is necessary to evaluate the
FS report, the Department shall make a written request, and
Respondent shall provide all requested information within 20 days
from receipt of said request.
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28. Within 45 days of receipt of written approval of the FS
Report from the Department, Respondent shall submit to the Department
a detailed RAP unless a "no action" alternative is selected. The RAP
shall be prepared and implemented in accordance with paragraphs 10
through 19 above.
29. Respondent shall provide written notification to the
Department at least ten days prior to installing monitoring or
recovery wells and shall allow Department personnel the opportunity
to observe the location and installation of the wells. All necessary
approvals must be obtained from the Water Management District before
Respondent installs the wells.
30. Respondent shall provide written notification to the
Department at least ten days prior to any sampling required i.n the
CAP and shall allow Department personnel the opportunity to observe
sampling and to take split samples. Raw data shall be exchanged
between the Respondent and the Department as soon as the data are
available.
31. If any event occurs which causes delay or the reasonable
likelihood of delay in the achievement of the requirements of these
Corrective Actions, Respondent shall have the burden of proving that
ttre delay was or will be caused by circumstances beyond the reasonable
control of the Respondent and could not have been or can not be
overcome by due diligence. Upon occurrence of the event Respondent
shall promptly notify the Department orally and shall, within seven
calendar days, notify the Department in writing of the anticipated
length and cause of delay, the measures taken or to be taken to
pcevent or minimize the delay, and the time table by which Respondent
intends to implement these measures. If the parties can agree that
the delay or anticipated delay has been or will be caused by
circumstances beyond the reasonable Control of Respondent, the time
for performance hereunder shall be extended for a period equal to the
delay resulting from such circumstances. Such agreement shall be
confirmed by letter from the Department accepting or if necessary
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modifying the extension request. Respondent shall adopt all
reasonable measures necessary to avoid or minimize delay. Failure of
Respondent to comply with the notice requirements of this paragraph
shall constitute a waiver of Respondent's right to request an
extension of the requirements of these Corrective Actions. Increases
costs of performance of the terms of these Corrective Actions or
changed economic circumstances shall not be considered circumstances
beyond the control of Respondent.
32. ,Respondent shall immediately notify the Department of any
problems encountered by Respondent which require modification of any
task in the approved CAP, or RAP, and obtain bepartment approval pric
to implementing any such modified tasks.
0
33. All sampling and analyses required under these Corrective
Actions shall be accomplished pursuant to the following procedures:
A. All sampling shall be done in the manner consistent
with the Standard Operation Procedures and Quality Assurance Manual,
August 1980, U.S. Environmental Protection Agency Region IV and
Supplement "A" thereto, June, 1981, FDER;
B. All laboratory data submitted shall contain a complete
explanation of quality control procedures used to guarantee the
reliability and accuracy of analytical data, and those laboratory
procedures used shall be those approved by the Department. The test
methods to be used in analyzing any parameter shall tie the EPA
approved test methods for the specific parameter to be analyzed
unless otherwise notified by the Department;
C. All field testing, sample collection and preservation
and laboratory testing, including quality control procedures, shall
be in accordance with the QAPP plan approved by the Department;
D. All analyses shall meet the detection limits as indicates
in the Department approved CAP.
34. Should the Department conclude that cleanup of the
contaminated area to levels meeting the standards and criteria set
forth in Chapter 17-3, Florida Administrative Code, is not feasible;
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or should Respondent not completely implement the RAP as approved by
the Department; the Department may seek restitution from Respondent
for environmental damages resulting from pollution of the groundwater
as a result of Respondent's actions. Within 20 days of receipt of
Department notification of its intent to seek said restitution,
Respondent may pay the amount of the damages or may, if it so chooses,
initiate negotiations with. the Department regarding the monetary terms
of restitution to the state. Respondent is aware that should a
negotiated sum or other compensation for environmental damages not be
agreed to by the Department and Respondent within 20 days of receipt
of Department notification of its intent to seek restitution, the
Department may institute appropriate action, either administrative
through a Notice of Violation or judicial in a court of. competent
jurisdiction through a civil complaint, to recover Department assessed
environmental damages pursuant to Section 403.141, Florida Statutes.
Respondent does not waive its right to contest and does not make any
admission concerning the Department's determination of what the
appropriate standards and criteria are for the affected groundwater.
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