Title: State of Florida Dept. of Environmental Regulation, Complainant vs. Respondent
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Permanent Link: http://ufdc.ufl.edu/WL00004306/00001
 Material Information
Title: State of Florida Dept. of Environmental Regulation, Complainant vs. Respondent
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - State of Florida Dept. of Environmental Regulation, Complainant vs. Respondent (JDV Box 89)
General Note: Box 19, Folder 10 ( Dept. of Regulation - Groundwater Discharge Permitting - 1990 ), Item 6
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004306
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text





BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION




STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE
OF ENVIRONMENTAL REGULATION ) DISTRICT

Complainant,
) OGC FILE NO.
vs.

K )

Respondent.



CONSENT ORDER



Pursuant to the'provisions of Sections 403.121(2) and

120.57(3), Florida Statutes, and Florida Administrative Code

Rule 17-103.110, this Consent Order is entered into between the

State of Florida Department of Environmental Regulation

("Department") and I ("Respondent") to

reach settlement of certain matters at issue between the

Department and Respondent.

The Department finds and the 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 Chapter

403, Florida Statutes, and rules promulgated thereunder. The

Department has jurisdiction over the matters addressed in this

Consent Order.

2. Respondent is a [describe entity e.g. a Florida

Corporation] and is a person within the meaning of Section

403.031(5), Florida Statutes.

3. [Describe Respondent's manufacturing process and if

possible give a brief description of the contaminants likely to

be found. Also include the address and attach a legal

description. For example:

4t


GW/CO/0486.0







Respondent owns and operates a manufacturing facility on a

2,300 acre site located at 1500 Waste Road, Orlando, Florida. A

legal description of the site is attached as Exhibit I.

Respondent's operations include electroplating, microplating,

reproduction and photographic laboratory activities. Waste

generated from these processes may consist of spent acids, spent

alkali, spent plating solution, their rinse waters, waste

cutting oils and various organic solvents.]

4. [Describe how and where the contamination enters the

environment. For example:

The waste streams from Respondent's facility are

discharged to an unlined percolation pond.

5. [Describe what, if anything, has been found in the

ground water- or soils. For example:

During a preliminary contamination assessment on April 17,

1985, the Department found, among other things, the following

contaminants in the following concentrations at the facility:

a. benzene ug/l

b. toluene ug/l

6. [Describe other pertinent facts such as: Respondent

is operating without a permit; the percolation pond discharges

directly to Harvey Creek, a Class III state water; there are two

abandoned drum disposal sites at the facility.]

7. List the violations. For example:

Respondent's activities have resulted in a violation of

Section 403.087, Florida Statutes, which prohibits discharges by

stationary installations reasonably expected to be a source of

pollution, unless authorized by Department permit or rule;

and/or

Respondent's activities have resulted in a violation of

Section 403.088, Florida Statutes, which prohibits any person

from discharging any waste into waters of the state that will

reduce the quality of the receiving waters below the

classification established for them.


GW/CO/0486.1







and/or

Respondent's activities have resulted in a violation of

Section 403.161(1)(a), Florida Statutes, which makes it a

violation of Chapter 403 to cause pollution.

and/or

Respondent's activities have resulted in a violation of

Section 403.161(1)(b), Florida Statutes, which makes it a

violation of Chapter 403 to fail to obtain any permit or to

violate or fail to comply with any rule or permit issued by the

Department pursuant to its lawful activity.]

8. The parties have met and discussed this matter on

numerous occasions. As a result of these discussions, the issues

raised herein have been resolved.

THEREFORE, having reached resolution of the matter,

pursuant to Florida Administrative Code Rule 17-103.110(3),

Respondent and the Department mutually agree and it is,

ORDERED:

9. [OPTIONAL-IF APPROPRIATE] Respondent shall

immediately cease all discharges from its facility to the ground

and/or surface waters of the state that are reasonably expected

to cause a violation of water quality minimum criteria and

standards set forth in Florida Administrative Code Chapter 17-3.

10. [OPTIONAL-IF PRELIMINARY ASSESSMENT NEEDED.]

Respondent shall implement the Preliminary Contamination

Assessment Actions attached hereto as Exhibit II in the manner

and within the time frames specified therein.

11. [OPTIONAL-IF BOTH PCAP AND CAP/RAP SOUGHT] In the

event the Preliminary Contamination Assessment described in

Exhibit II reveals the presence of contaminants in the soil,

sediment, surface water and/or ground water in violation of water

quality standards or-minimum criteria set forth in Florida

Administrative Code Chapter 17-3, or reveals the presence of

contaminants which may reasonably be expected to cause pollution

of the surface and/or ground water of the state in excess of such


GW/CO/0486.2








standards or criteria, Respondent shall implement the corrective

actions in the manner and within the time frames set forth in the

document entitled Corrective Actions for Ground Water

Contamination Cases," attached hereto as Exhibit III. Such time

frames shall begin upon notification by the Department that the

presence of contaminants has been confirmed and that such

corrective actions are necessary.

11. [USE IF ONLY SEEKING A CAP/RAP] Respondent shall

implement corrective actions as set forth in the document

entitled "Corrective Actions for Ground Water Contamination

Cases," attached hereto as Exhibit III, within the time frames

set forth therein.

12. [OPTIONAL-INSERT THIS PARAGRAPH IF SEEKING CIVIL

PENALTIES] Respondent shall make payment to the Department of

$ in settlement for the matters raised in this

Consent Order. The amount shall be made payable to the "State of

Florida Department of Environmental Regulation" and shall be

submitted to [address of district office] within 20 days of the

entry of this Consent Order. 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 additional civil penalties

concerning the issues resolved by this Consent Order.

13. [OPTIONAL-INSERT THIS PARAGRAPH IF NOT SEEKING CIVIL

PENALTIES] 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.

14. [OPTIONAL-INSERT THIS PARAGRAPH IF RESPONDENT

REQUESTS PROCEDURE FOR CHALLENGING DEPARTMENT DETERMINATIONS

ABOUT RESPONDENT'S PROPOSAL] With regard to any determination

made by the Department regarding Respondent's responses to the

[Preliminary Contamination Assessment Actions or the] Corrective

Actions made pursuant to this Consent Order, Respondent may file


GW/CO/0486.3








a Petition for Formal or Informal Administrative Hearing

Proceeding, if Respondent objects to the Deoartment's

determination, pursuant to Section 120.57, Florida Statutes, and

Chapters 17-103 and 28-5, Florida Administrative Code.

Respondent shall have the burden to establish the

inappropriateness of the Department's determination. The

petition must conform with the requirements of Florida

Administrative Code Rule 28-5.201, and must be received by the

Department's Office of General Counsel, 2600 Blair Stone Road,

Tallahassee, Florida 32301, within 14 days after receipt of

notice from the Department of any determination Respondent wishes

to challenge. Failure to file a petition within this time period

shall constitute a waiver by Respondent of its right to request

an administrative proceeding under Section 120.57, Florida

Statutes. The Department's determination, upon expiration of the

14 day time period if no petition is filed, or the Department's

Final Order as a result of the filing of a petition, shall be

incorporated by reference into this Consent Order and made a part

of it. All other aspects of this Consent Order shall remain in

full force and effect at all times. If Respondent seeks an

administrative proceeding pursuant to this paragraph, the

Department may file suit against Respondent in lieu of or in

addition to holding the administrative proceeding to obtain

judicial resolution of all the issues unresolved at the time of

the request for administrative proceeding.

14. [OPTIONAL-USE THIS NOTICE IF YOU DON'T WANT TO

REQUIRE PUBLICATION. THE CONSENT ORDER MUST EITHER CONTAIN THE

NOTICE IN THIS PARAGRAPH OR THE PARAGRAPH REQUIRING PUBLIC

NOTICE.] Persons not parties to this Consent Order whose

substantial interests are affected by this Consent Order have a

right, pursuant to Section 120.57, Florida Statutes, to petition

for an administrative determination (hearing) on it. The

petition must conform to the requirements of Chapter 17-103 and

28-5, Florida Administrative Code, and must be filed (received)

in the Department's Office of General Counsel, 2600 Blair Stone


GW/CO/0486.4







Road, Tallahassee, Florida 32301, within 14 days of receipt of

this notice. Failure to file petition within the 14 days

constitutes a waiver of any right such person has to an

administrative determination (hearing) pursuant to Section

120.57, Florida Statutes.

15. [OPTIONAL-USE THIS NOTICE IF YOU WANT TO REQUIRE

PUBLICATION. THE CONSENT ORDER MUST EITHER CONTAIN THIS NOTICE

PARAGRAPH OR THE NOTICE PARAGRAPH ABOVE]

Respondent shall publish the following notice in a

newspaper of general circulation in County, Florida.

The notice shall be published one time only within 14 days after

execution of the Consent Order by the Department.


STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION
NOTICE OF PROPOSED AGENCY ACTION


The-Department of Environmental Regulation
gives notice of agency action of entering
into a Consent Order with

pursuant to Rule 17-103.110(3), Florida
Administrative Code. The Consent Order
addresses




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 Regulation,




Persons whose substantial interests
are affected by the above proposed agency
action have a right, pursuant to Section
120.57, F.S., to petition for an
administrative determination (hearing) on
the proposed action. The Petition must
conform to the requirements of Chapter
17-103 and 28-5, FAC, and must be filed
(received) with the Department's Office of
General Counsel, 2600 Blair Stone Road,
Tallahassee, Florida 32301, within
14 days of.publication of this notice.
Failure to file a petition within
the 14 days constitutes a waiver of any
right such person has to an administrative
determination (hearing) pursuant to
Section 120.57, F.S.


GW/CO/0486.5








If a petition is filed, the
administrative hearing process is designed
to formulate agency action. Accordingly,
the Department's final action nay be
different from the proposed agency action.
Persons whose substantial interests will
be affected by any decision of the
Department have the right to intervene in
the proceeding. A petition for
intervention must be filed pursuant to
Model Rule 28-5.207, FAC, at least five
days before the final hearing and be filed
with the Hearing Officer if one has been
assigned at the Division of Administrative
Hearings, Department of Administration,
2009 Apalachee Parkway, Tallahassee,
Florida 32301. If no Hearing Officer has
been assigned, the petition is to be filed
with the Department's Office of General
Counsel, 2600 Blair Stone Road,
Tallahassee, Florida 32301. Failure to
petition to intervene within the allowed
time frame constitutes a waiver of any
right such person has to an administrative
determination (hearing) under Section
120.57, F.S.

16. [STANDARD] Respondent waives its right to an

administrative hearing on the terms of this Consent Order under

Section 120.57, Florida Statutes, and its right to appeal this

Consent Order pursuant to Section 120.68, Florida Statutes.

17. [STANDARD] Nothing herein shall be construed to

limit the authority of the Department to undertake any action

against any settling Respondent in response 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, welfare or the

environment if:

A. The conditions were previously unknown to or

undetailed by the Department;

B. The conditions result from the implementation of the

requirements of this Consent Order;

C. Other previously unknown facts arise or are discovered

after the entry of this Consent Order.







GW/CO/0486.6









18. [STANDARD] 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 Florida

Administrative Code Chapter 17-22 to replace any potable water

well that is shown by chemical and hydrogeologic analyses to be

contaminated by the Respondent's operations.

19. [STANDARD] Entry of this Consent Order does not

relieve Respondent of the need to comply with the applicable

federal, state or local laws, regulations, or ordinances.

20. [STANDARD] 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.

21. [STANDARD] 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 [INSERT $50,000 IF ITS A HAZARDOUS WASTE CASE AND $10,000 IF

ITS ANY OTHER KIND OF CASE] per offense and criminal penalties.

22. [STANDARD] 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 not covered by the terms of this Consent Order.

24. [STANDARD] No modification of the terms of this

Consent Order shall be effective until reduced to writing and

executed by both the.Respondent and the Department.


GW/CO/0486.7








25. [STANDARD] All reports, plans, and data required by

this Consent Order to be submitted to the Department should be

sent to [specify positions, not names e.g., the Environmental

Manager, Enforcement Section and include addressess] and to the

Bureau of Operations, 2600 Blair Stone Road, Tallahassee, Florida

32301.

26. [STANDARD] This Consent Order is final agency action

of the Department pursuant to'Section 120.69, Florida Statutes

and Florida Administrative Code 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, Florida Statutes. Upon the

timely filing of a petition this Consent Order will not be

effective until further order of the Department.






FOR THE RESPONDENT:




DATE NAME
Title


DONE AND ORDERED this day of 198,

in Florida.


STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION




District Manager


GW/CO/0486.8


~







PRELIMINARY CONTAMINATION ASSESSMENT ACTIONS

1. Within 30 days of the effective date of the Order

incorporating these preliminary contamination assessment actions,

Respondent shall submit a Preliminary Contamination Assessment

Plan ("PCAP") to the Department. The PCAP shall describe the

tasks that Respondent proposes to perform in order to determine

whether the soil, sediment, surface water or ground water are

contaminated at Respondent's facility; and, if so, whether such

contamination has resulted in a violation of the water quality

standards and minimum criteria established in Florida

Administrative Code Chapter 17-3. The PCAP shall include a time

schedule for each task so that all tasks can be completed and a

Preliminary Contamination Assessment Report ("PCAR") can be

submitted to the Department within 90 days of the effective date

of the Order.

2. The PCAP shall contain proposals for sampling and

analysis for all of the following contaminants:

a. priority pollutant metals;

b. priority pollutant organic chemicals using EPA

methods 624 and 625;

c. all organic chemicals with peaks greater than five

micrograms per liter (ug/1) using EPA methods 624 and 625;

d. pesticides.

The number of contaminants to be analyzed may be reduced if

Respondent can demonstrate to the Department's satisfaction that

the contaminants proposed to be deleted from the list cannot be

attributed to any activities that have taken place at Respondent's

facility. The Department shall submit written notification to the

Respondent if the number can be reduced.

3. The Department shall review the PCAP and provide

Respondent with a written response to the proposal. Any action

taken by Respondent with regard to the implementation of the PCAP

prior to the Respondent receiving written notification from the

Department that the PCAP has been approved shall be at

Respondent's risk.

4. Prior to the commencement of the PCAP or other sampling

and analysis undertaken by or on behalf of Respondent, Respondent


GW/PCAP/0486.0 -







shall submit to the Department for its approval a Quality

Assurance Project Plan (QAPP). The QAPP shall be prepared in

accordance with the requirements set forth in tne document :,tled

"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.

5. Upon completion of the PCAP, Respondent shall submit a

written Preliminary Contamination Assessment Report ("PCAR") to

the Department. The PCAR shall:

a. summarize and analyze all "PCAP" tasks;

b. compare analytical data collected with surface and

ground water quality standards and criteria set forth in Florida

Administrative Code Chapter 17-3;

c. identify, to the extent possible, the sourcess,

extent, and concentrations of contaminants, and the existence of

any imminent hazards.

6. The Department shall review the PCAR and determine

whether it is adequate to meet the objectives of the PCAP. In the

event that additional information is necessary to evaluate the

PCAR, the Department shall make a written request and Respondent

shall provide all requested information within 20 days of receipt

of said request.

7. Respondent shall provide written notification to the

Department at least ten days prior to the installation or sampling

of any monitoring wells, and shall allow Department personnel the

opportunity to observe installation and sampling and to take split

samples. All necessary approvals must be obtained from the water

management district before any wells are installed. Raw data

shall be exchanged between Respondent and the Department as soon

as the data is available.







GW/PCAP/0486.1








8. If the Department's review of the PCAR indicates that

the soil, sediments, surface water or groundwater is contaminated,

or if tne Department rejects the PCAP or PCAR for not meeting the

objectives of analyzing or reporting on the analysis of the

contaminants that are the subject of the assessment, the

Department reserves the right to do any or all of the following:

a. seek further administrative relief through the

filing of a Notice of Violation or entry of a Consent Order which

requires Respondent to conduct further assessment and clean-up

at its facility;

b. file suit for injunctive relief, civil penalties,

damages and expenses, or

c. perform the necessary corrective actions at

Respondent's facility and recover the costs of such actions from

Respondent.


GW/PCAP/0486.2







CORRECTIVE ACTIONS FOR GROUND WATER CONTAMINATION CASES

1. Within 60 days of the effective date of the Order

incorporating these contamination assessment actions, Respondent

shall submit to the Department a detailed written Contamination

Assessment Plan ("CAP"). If the Respondent has conducted a

Preliminary Contamination Assessment, the Respondent shall submit

to the Department a detailed written CAP within 60 days of receipt

of notice from the Department that a CAP is required. The purpose

of the CAP shall be to propose methods for collection of

information necessary to meet the objectives of the contamination

assessment.

A. The objectives of the Contamination Assessment shall

be to:

(1) Establish the areal and vertical extent of

soil, sediment, surface water and ground water contamination;

(2) Determine or confirm the contaminant sourcess;

mechanisms of contaminant transport; rate and direction of

contaminant movement in the air, soils, surface water and ground

water; and rate and direction of ground water flow;

(3) Provide a complete characterization of the

contamination plume(s);

(4) Determine whether interim remedial measures are

necessary to abate any imminent hazard.

(5) Determine the amount of product lost, and the

time period over which it was lost (if applicable);

(6) If leaking storage tanks may be the source of

the contamination, determine the structural integrity of all


Revised/GW/CA/0888.1








aboveground and underground storage systems (including integral

piping) which exist at the site (if applicable);

(7) Establish the vertical and horizontal extent of

free product (if applicable);

(8) Describe pertinent geologic and hydrogeologic

characteristics of affected and potentially affected hydrogeologic

zones; and

(9) Describe geologic and hydrogeologic

characteristics-of the site which influence migration and

transport of contaminants; and

(10) Provide a site history including description

of facility operations, as applicable.

B. The CAP shall specify tasks, which are necessary to

achieve the objectives described in subparagraph l.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 piezometers or wells to determine the

horizontal and vertical directions of the ground water flow;

(2) Use of electromagnetic conductivity (EM) and

other geophysical methods or vapor analyzers to trace extent of

ground water contamination;

(3) Use of fracture trace analysis to discover

linear zones in which discrete flow could take place;

(4) Use of well points or monitoring wells to

sample ground water in affected areas and to determine the

vertical and horizontal extent of the ground water plume;

(5) Sampling of public and private wells;

(6) Sampling of surface water and sediments;

Revised/GW/CA/0188.2








(7) Sampling of air for airborne contaminants;

(8) Analysis of soils and drum and tank residues

for hazardous waste determination and contaminant characterization.

(9) Use of geophysical equipment such as vapor

analyzers, magnetometers, ground penetrating radar, or metal

detectors to detect tanks, lines, etc.;

(10) Determination of the horizontal and vertical

extent of soil contamination;

(11) Use of soil and well borings to determine

pertinent site-specific geologic and hydrogeologic characteristics

of affected and potentially affected hydrogeologic zones such as

aquifers, confining beds, and unsaturated zones; and

(12) Use of geophysical methods, pump tests and slug

tests to determine geologic and hydrogeologic characteristics of

affected and potentially affected hydrogeologic zones.

C. The CAP shall provide detailed information as to how

proposed tasks are to be carried out. The CAP shall include, as

applicable, the following information:

(1) Proposed sampling locations and rationale for

their placement;

(2) A description of methods and equipment to be

used to identify and quantify soil or sediment contamination;

(3) A description of water sampling methods;

(4) Parameters to be analyzed for, analytical

methods to be used, and detection limits of these methods;

(5) Proposed piezometer and well construction

details including methods and materials, well installation depths

and screened intervals, well development procedures;

Revised/GW/CA/0188.3








(6) A description of methods proposed to determine

aquifer properties (e.g., pump tests, slug tests, permeability

tests, computer modeling);

(7) A description of geophysical methods proposed

for the project;

(8) Details of any other assessment methodology

proposed for the site;

(9) A description of any survey to identify and

sample public or private wells which are or may be affected by the

contaminant plume;

(10) A description of the regional geology and

hydrogeology of the area surrounding the site;

(11) A description of site features (both natural

and man-made) pertinent to the assessment;

(12) A description of methods and equipment to be

used to determine the site specific geology and hydrogeology; and

(13) Details, including disposal or treatment

methods, of any immediate remedial actions proposed for the site

such as product recovery, soil removal or treatment.

D. The CAP shall contain as a separate document a

Quality Assurance Project Plan ("QAPP"), which shall apply to all

sampling and analysis required by this Consent Order. The QAPP

shall be prepared in accordance with the requirements set forth in

the document titled "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 generated by

Revised/GW/CA/0888.4








Respondent prior to QAPP approval or which are not in accordance

with the Department approved QAPP.

2. The Department shall review the CAP and provide the

Respondent with a written response to the proposal. Any action

taken by Respondent with regard to the implementation of the CAP

prior to the Respondent receiving written notification from the

Department that the CAP has been approved shall be at Respondent's

risk.

3. In the event that additional information is necessary

for the Department to evaluate the CAP, the Department shall make

a written request to the Respondent for the information, and

within 20 days from receipt of said request, Respondent shall

provide all requested information in writing to the Department

unless the requested information requires additional field work in

which case the Respondent shall submit to the Department within 14

days of receipt of said request, a written schedule for completing

the field work needed to provide the requested information.

4. In the event that the Department determines that the CAP

submitted by Respondent does not adequately address the objectives

of the Contamination Assessment as set forth in subparagraph l.A.

above, the Department will notify the Respondent in writing of the

CAP's deficiencies. Respondent shall then have 30 days from the

Department's notification to submit 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 l.A. above, the

Department, at its option, may choose either to:

Revised/GW/CA0888.5








A. Draft specific modifications to the CAP and notify

Respondent in writing that the Department's modification shall be

incorporated in the CAP; or

B. Notify Respondent in writing that Respondent has

failed to comply with paragraph four above, in which case the

Department may do any or all of the following: take legal action

to enforce compliance with the 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 Order and shall be

implemented within ten days of the Department's written

notification to Respondent that the CAP has been approved. The

CAP shall incorporate all required modifications to the proposed

CAP identified by the Department. Within 10 working days of

completion of the CAP tasks, Respondent shall provide written

notice to the Department that the CAP tasks have been completed.

7. Within 45 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 all tasks which were implemented pursuant

to the CAP; and

B. Specify results and conclusions regarding the

Contamination Assessment objectives outlined in subparagraph l.A.

8. The Department shall review the CAR and determine whether

it has adequately met the objectives specified in subparagraph

l.A. In the event that additional information is necessary to

evaluate the CAR, the Department shall make a written request to

Revised/GW/CA/0888.6








the Respondent -for the information. Within 20 days of receipt of

said request, Respondent shall provide all requested information

unless the requested information requires additional field work in

which case the Respondent shall submit, within 14 days of said

request, to the Department a reasonable written schedule for

completing the field work needed to provide the requested

information. The Department shall provide written approval of the

CAR once all of the CAP objectives and tasks have been

satisfactorily completed.

9. The Department, at- its option, may determine from review

of the CAR and other relevant information, the Site Rehabilitation

Levels (SRLs) to which the contamination shall be remediated or

may require the Respondent to implement the risk assessment

process to develop such SRLs for the site. The SRLs for water as

determined by the Department shall be based on Chapter 17-3,

F.A.C. standards and the Department's numerical interpretation of

the Chapter 17-3, F.A.C. minimum criteria. The Department may

also require that a risk assessment be completed to define SRLs

for soils or sediments that are sufficiently contaminated to

present a risk to the public health, the environment or the public

welfare. If the Department does choose to provide SRLs to the

Respondent and does not choose to require a risk assessment and

the Respondent agrees to remediate the site to those SRLs, the

Respondent shall implement the Feasibility Study, if required by

the Department as set forth in paragraph 13, or submit the

Remedial Action Plan (RAP) as set forth in paragraph 18.

10. After completion and Department approval of the CAR, the

Respondent shall prepare and submit to the Department a Risk

Revised/GW/CA/0888.7








Assessment/Justification (RAJ) if the Department requires the

task, or if the Respondent wishes to develop SRLs other than those

determined by the Department or if the Respondent intends to

justify a no-action proposal for the site. The RAJ which includes

a risk assessment and a detailed justification of any alternative

SRLs or no action proposal shall be submitted within ( ) days

from receipt of the Department's written approval of the CAR and

determination of the SRLs for the site, or within ( ) days of the

Department's written approval of the CAR and notice that a RAJ is

required, or within ( ) days of the Department's written approval

of the CAR. Unless otherwise approved by the Department, the

subject document shall address the following task elements,

divided into the following five major headings:

A. Exposure Assessment The purpose of the Exposure

Assessment is to identify routes by which receptors may be exposed

to contaminants and to determine contaminant levels to which

receptors may be exposed. The Exposure Assessment should:

(1) Identify the contaminants found at the site and

their concentrations as well as their extent and locations;

(2) Identify possible transport pathways;

(3) Identify potential exposure routes.

(4) Identify potential receptors for each exposure

route; and

(5) Estimate or calculate expected contaminant

levels to which actual or potential receptors may be exposed.

B. Toxicity Assessment The purpose of the Toxicity

Assessment is to define the applicable human health and

environmental criteria for contaminants found at the site. The

Revised/GW/CA/0188.8


I








criteria should be defined for all potential exposure routes

identified in the Exposure Assessment. DER standards shall be the

criteria for constituents and exposure routes to which the

standards apply. Criteria for constituents and exposure routes

for which specific DER standards are not established shall be

based upon criteria such as Recommended Maximum Contaminant Levels

(RMCLs), Maximum Contaminant Levels, Average Daily Intake values

(ADIs), Unit Cancer Risk values (UCRs), organoleptic threshold

levels, Ambient Water Quality Criteria for Protection of Human -

Health and for Protection of Aquatic Life, and other relevant

criteria as applicable. If there are no appropriate criteria

available for the contaminants and exposure routes of concern, or

the criteria are in an inappropriate format, the Respondent shall

develop the criteria using equations and current scientific

literature acceptable to toxicological experts. Criteria for the

following exposure routes shall be defined or developed as

applicable:

(1) Potable water exposure route develop criteria

for ingestion, dermal contact, inhalation of vapors and mists,

utilizing applicable health criteria such as Recommended Maximum

Contaminant Levesl (RMCLs), Maximum Contaminant levels, Average

Daily Intake values (ADIs), Unit Cancer Risk values (UCRs),

organoleptic threshold levels, and other relevant criteria as

applicable.

(2) Non-potable domestic water usage exposure route

develop criteria for dermal contact, inhalation of vapors and

mists, ingestion of food crops irrigated with such water, lawn

watering, ingestion by pets and livestock, and other related

exposure.

Revised/GW/CA/0188.9








(3) Soil exposure route develop criteria for
ingestion, dermal contact, inhalation, ingestion by humans or

animals of food crops grown in contaminated soils.

(4) Non-potable surface water exposure develop
criteria for prevention of adverse effects on human health (e.g.

dermal contact effects on humans utilizing the resource for

recreational purposes) or the environment (e.g. toxic effects of

the contaminants on aquatic or marine biota, bio-accumulative

effects in the food chain, other adverse effects that may affect

the designated use of the resource as well as the associated

biota).

(5) Air exposure route develop criteria for
exposure to the contaminants in their unaffected state.

C. Risk Characterization The purpose of the Risk

Characterization is to utilize the results of the Exposure

Assessment and the Toxicity Assessment to characterize cumulative

risks to the affected population and the environment from

contaminants found at the site. Based on contaminant levels

presently found at the site, a risk and impact evaluation will be

performed which considers, but is not limited to:

(1) Risks to human health and safety from the
contamination including;

(a) carcinogenic risk, and

(b) non-carcinogenic risk.

(2) Effects on the public welfare of exposure to
the contamination which may include but not be limited to adverse

affects on actually and potentially used water resources.

(3) Environmental risks in areas which are or will
be ultimately affected by the contamination including;

Revised/GW/CA/0188.10








(a) other aquifers,

(b) surface waters

(c) wetlands,

(d) sensitive wildlife habitats, and

(e) sensitive areas including, but not limited

to, National Parks, National Wildlife Refuges, National Forests,

State Parks, State Recreation Areas, State Preserves.

D. Justification for alternative Site Rehabilitation

Levels (SRLs) or no action proposal- The purpose of this section

is to provide justification.on a case-by-case basis for a no

action .proposal or for alternative SRLs that vary from Chapter

17-3, F.A.C. standards and minimum criteria or from any SRLs

determined by the Department at which remedial action shall be

deemed completed. Factors to be evaluated shall be, at a minimum:

(1) The present and future uses of the affected

aquifer and adjacent surface waters with particular consideration

of the probability that the contamination is substantially

affecting or will migrate to and substantially affect a public or

private source of potable water;

(2) Potential for further degradation of the

affected aquifer or degradation of other connected aquifers,

(3) The technical feasibility of achieving the SRLs

based on a review of reasonably available technology;

(4) Individual site characteristics, including

natural rehabilitative processes; and

(5) The results of the risk assessment.

Applicable contaminant transport models must be employed to

document that human health and environment risks from alternative

and less stringent SRLs are acceptable.

Revised/GW/CA/0188.11








11. The Department shall review the Risk

Assessment/Justification document and determine whether it has

adequately addressed the risk assessment task elements. The

Department shall review the justification section and determine

whether the Department approves or disapproves of the alternative

SRLs or the no action proposal.

12. In the event that additional information is necessary to

evaluate any portion of the Risk Assessment/Justification

document, the Department shall make a written request and

Respondent shall provide all requested information within 20 days

of receipt of said request. If the Department does not approve

the no action proposal or the alternative SRLs, the Respondent

shall use the SRLs as determined by the Department. If the

Department and Respondent agree to the remediation levels, either

the SRLs determined by the Department or the alternative SRLS, the

Respondent shall implement the Feasibility Study, if required by

the Department as set forth in paragraph 13, or submit the

Remedial Action Plan (RAP) as set forth in paragraph 18.

13. The Department shall also determine from review of the

CAR and other relevant information whether the Respondent should

prepare and submit a Feasibility Study (FS) to the Department.

The FS will be required in complex cases to evaluate technologies

and remedial alternatives, particularly if multiple contaminant

classes are represented or multiple media are contaminated. The

purpose of the FS is to evaluate remedial technologies and

remedial alternatives in order to identify the most

environmentally sound and effective remedial action to achieve

clean up of the site to SRLs or alternative SRLs (if approved).

Revised/GW/CA/0888.12


I







The FS shall be completed within 60 days of written notice that a

FS is required, unless the Respondent plans to submit a RAJ

pursuant to paragraph 10. The FS shall include the following

tasks:

(A) Identify and review pertinent treatment,

containment, removal and disposal technologies;

(B) Screen technologies to determine the most

appropriate technologies;

(C) Review and select potential remedial

alternatives using the following criteria:

(1) long and short term environmental effects;

(2) implementability;

(3) capital costs;

(4) operation and maintenance costs;

(5) operation and maintenance requirements;

(6) reliability;

(7) feasibility;

(8) time required to achieve clean-up; and

(9) potential legal barriers to implementation

of any of the alternatives;

(D) Identify the need for and conduct pilot tests

or bench tests to evaluate alternatives, if necessary;

(E) Select the most appropriate remedial

alternative;

(F) Develop soil cleanup criteria such that the

contaminated soils will not produce a leachate which contains

contaminants in excess of the SRLs or alternative SRLs (if

approved).

Revised/GW/CA/0888.13








14. Within 45 days of completing the FS, Respondent shall

submit an FS Report to the Department. The FS Report shall:

A. Summarize all FS task results; and

B. Propose a conceptual remedial action plan based on

the selection process carried out in the FS.

15. The Department shall review the FS Report for

adequacy and shall determine whether the Department agrees with

the proposed remedial action. 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 of receipt of said request.

16. If the Department does not approve of the proposed

remedial action, the Department will notify the Respondent in

writing of the determination. The Respondent shall then have 20

days from the Department's notification to resubmit a proposed

alternate remedial action.

17. If the Department determines upon review of the

resubmitted remedial action proposal that it does not agree with

the proposal, the Department at its option, may choose to either:

A. Choose a remedial action alternative for the

Respondent to carry out; or

B. Notify the Respondent that Respondent has failed to

comply with paragraph 16 above, in which case the Department may

do any or all of the following: take legal action to enforce

compliance with the Order, file suit to recover damages and civil

penalties, or complete the corrective actions outlined herein and

recover the costs of completion from Respondent.

18. Within 45 days of receipt of written notice from the

Department, Respondent shall submit to the Department a detailed

Revised/GW/CA/0888.14








Remedial Action Plan ("RAP"). The RAP shall be signed and sealed

by a registered professional engineer in accordance with Chapter

471, Florida Statutes. The objective of the remedial action shall

be to achieve the clean up of the contaminated areas to the SRLs

or the approved alternative SRLs. The RAP shall include:

A. Rationale for the remedial action proposed which

shall include at a minimum:

(1) Results from any pilot studies or bench tests;

(2) Evaluation results for the proposed remedial

alternative based on the following criteria:

a. long and short term environmental impacts;

b. implementability, which may include, but

not be limited to, ease of construction, site access, and

necessity for permits;

c. operation and maintenance requirements;

d. reliability;

e. feasibility; and

f. costs.

(3) Soil cleanup criteria such that the

contaminated soils will not produce a leachate which contains

contaminants in excess of State Water Quality Standards or minimum

criteria established in 17-3, F.A.C.

Subparagraph A requirements can be omitted if a Feasibility Study

was required and approved by the Department.

B. Design and construction details and specifications

for the remedial alternative selected;

C. Operational details of the remedial action including

the disposition of any effluent, expected contaminant

concentrations in the effluent, an effluent sampling schedule if

Revised/GW/CA/0188.15








treated ground water is being discharged to ground water or to

surface waters, and the expected concentrations and quantities of

any contaminants discharged into the air as a result of remedial

action;

D. A separate QAPP document;

E. Details of the treatment or disposition of any

contaminated soils or sediments;

F. Proposed methodology including post remedial action

ground water-monitoring as applicable for evaluation of the site

status after the remedial action is complete to verify

accomplishment of the objective of the RAP; and

G. Schedule for the completion of the remedial action.

19. The Department shall review the proposed 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.

20. 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 of said request unless the

requested information requires additional field work in which case

the Respondent shall submit in writing to the Department a

reasonable schedule for completing the field work needed to

provide the requested information.

21. In the event that the Department determines that the RAP

submitted by the Respondent does not adequately address the

Revised/GW/CA/0888.16








objectives set forth in paragraph 18, the Department will notify

the Respondent in writing of the RAP's deficiencies. The

Respondent shall then have 20 days from the Department's

notification to submit a modified RAP addressing the deficiencies

noted by the Department.

22. If the Department determines upon review of the

resubmitted RAP that the RAP still does not adequately address the

objectives of the RAP, the Department, at its option, may choose

-to either:

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 the paragraph 21 above, in which case the

Department may do any or all of the following: take legal action

to enforce compliance with the Order, file suit to recover damages

and civil penalties, or complete the corrective actions outlined

herein and recover the costs of completion from Respondent.

23. Once a RAP has been approved by the Department, it shall

become effective and made a part of this Order and

shall be implemented within ten days from receipt of the

Department's notification to the Respondent that the RAP has been

approved. The RAP shall incorporate all required modifications to

the proposed RAP identified by the Department.

24. Following termination of remedial action (clean up of the

Contaminated area to the SRLs or the approved alternative SRLs),

designated monitoring wells shall be sampled on a schedule

determined by the Department.

Revised/GW/CA/0888.17








25. Following completion of the remedial action and

post-remedial action monitoring, the Respondent shall submit a

Site Rehabilitation Completion Report (SRCR) to the Department for

approval. The SRCR shall be signed and sealed by a registered

Professional Engineer in accordance with Chapter 471, F.S., unless

"no further action" or "monitoring-only" was proposed and was

approved by the Department. The SRCR shall contain a

demonstration, with supporting documentation, that site cleanup

objectives have been achieved.

26. Within sixty (60) days of receipt of the SRCR, the

Department shall approve the SRCR or make a determination that the

SRCR does not contain sufficient information to support the

demonstration that cleanup objectives have been achieved.

27. If the Department determines that the SRCR is not

adequate based upon information provided, the Department will

notify the

Respondent in writing. Site rehabilitation activities shall not

be deemed completed until such time as the Department provides the

Respondent with written notice that the SRCR is approved.

28. On the first working day of each month, after beginning

implementation of a CAP or RAP, Respondent shall submit written

progress reports to the Department. These progress reports shall

describe the status of each required CAP and RAP task. The

reports shall be submitted until planned tasks have been completed

to the satisfaction of the Department.

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.

Revised/GW/CA/0888.18








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, and shall

allow Department personnel the opportunity to observe sampling or

to take split samples. Raw data shall be exchanged between the

Respondent and the Department as soon as the data is available.

31. The Respondent is required to comply with all applicable

local, state and-federal regulations and to obtain any necessary

approvals from local, state-and federal authorities in carrying

out these corrective actions.

32. 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 the delay was or will be caused by circumstances

beyond the reasonable control of 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 prevent 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

Revised/GW/CA/0188.19








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 time to complete the requirements of these

Corrective Actions. Increased costs of performance of any of the

activities set forth in these Corrective Actions or changed

economic circumstances shall not be considered circumstances

beyond the control of Respondent.

33. 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 Department

approval prior to implementing any such modified tasks.

34. Should the Department conclude that clean up of the

contaminated area to SRLs or approved alternative SRLs, is not

feasible; 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

as a result of Respondent's actions. Within 20 days of receipt of

Department written 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

written notification of its intent to seek restitution, the

Department may institute appropriate action, either

Revised/GW/CA/0188.20










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.


Revised/GW/CA/0888.21




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