Title: Governor's Quarterly Status Report for Period October 1, 1990 Through December 31, 1990
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 Material Information
Title: Governor's Quarterly Status Report for Period October 1, 1990 Through December 31, 1990
Physical Description: Book
Language: English
Publisher: Dept. of Environmental Regulation, State of Florida, December 28, 1990
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Governor's Quarterly Status Report for Period October 1, 1990 Through December 31, 1990 (JDV Box 91)
General Note: Box 23, Folder 1 ( Miscellaneous Water Papers, Studies, Reports, Newsletters, Booklets, Annual Reports, etc. - 1973 -1992 ), Item 30
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004527
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






GOVERNOR'S

QUARTERLY

STATUS REPORT

FOR PERIOD OCTOBER 1, 1990 THROUGH DECEMBER 31, 1990


DECEMBER 28, 1990


I I













FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION

Secretary Dale H. Twachtmann

Assistant Secretary John S. Shearer


Division of Water Facilities
Howard Rhodes, Director



Division of Water Management
Mark Latch, Acting Director




Division of Waste Management
Rick Wilkins, Director




Division of Air Resources Management
Steve Smallwood, Director




Division of Administrative and
Technical Services
Michael Peyton, Director



Office of General Counsel
Dan Thompson


Northwest District
Robert Kriegel,
Deputy Asst. Secretary


Northeast District
Ernie Frey,
Deputy Asst. Secretary



Southwest District
Richard Garrity,
Deputy Asst. Secretary



Central District
Alex Alexander,
Deputy Asst. Secretary



South District
Phil Edwards,
Deputy Asst. Secretary



Southeast District
Scott Benyon,
Deputy Asst. Secretary


Office of Planning and Research
Gil Bergquist

Report Coordinator
Peggy Maloney


_

















GOVERNOR'S QUARTERLY STATUS REPORT


FOR PERIOR OCTOBER 1, 1990 THROUGH DECEMBER 31, 1990







FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION

OFFICE OF THE SECRETARY

2600 BLAIR STONE ROAD

TALLAHASSEE, FLORIDA 32399




RECEIVED
JAN 15 1991

CARLTON, FIELDS TALLAHASSEE
JACOB VARN


DECEMBER 28, 1990


THIS DOCUMENT BRIEFLY SUMMARIZES SOME OF THE ACTIVITIES
HANDLED BY THE DEPARTMENT OF ENVIRONMENTAL REGULATION
DURING THE PAST 90 DAYS AND PRESENTS OTHERS ANTICIPATED
FOR THE NEXT 90 DAYS. FOR ADDITIONAL INFORMATION CONTACT
JACK MAYNARD, COMMUNICATIONS DIRECTOR, 904-488-4805.


. an

























This document was promulgated
at a cost of $1190.63 or $1.59
per copy.


This document was printed on recycled paper.














QUARTERLY STATUS REPORT


TABLE OF CONTENTS

DECEMBER 21, 1990


Page Number
Waste Management

I. Permitting

A. Solid Waste A-i
B. Hazardous Waste A-4


II. Major Environmental Issues

A. Solid Waste A-10
B. Hazardous Waste A-11
C. Stationary Storage Tanks A-17
D. Petroleum Cleanup A-18

III. Other Issues and Activities

A. Rule Making A-19


Air Resources Management

I. Permitting

A. Major Facility Air Permitting B-1
B. Medical Waste Combustors B-4
C. Power Plant Activities B-4


II. Major Environmental Issues

A. Federal Clean Air Act Amendments of 1990 B-5
B. Motor Vehicle Air Pollution Control B-6


III. Other Issues and Activities

A. Rule Making B-7
B. Transmission Line Siting B-10
C. Air Toxins B-ll
D. Air Pollution Education B-12




















QUARTERLY STATUS REPORT, DECEMBER 1990
TABLE OF CONTENTS (CONTINUED)


Water Facilities


I. Permitting


A. Lake Okeechobee Dairies
B. Drinking Water
C. Wastewater Treatment
D. Injection Wells


II. Major Environmental Issues

A. Dairies in North Florida
B. Bluebelt Commission
C. Wastewater Treatment


III. Other Issues and Activities


Water Manaqeme


I. Pern


Rule Making
Wastewater Treatment Revolving
Fund Loans
Drinking Water
Wastewater Treatment


nt

hitting

Dredge and Fill
Permitting Related Items


II. Major Environmental Issues

A. Water Management District Program
B. Environmental Protection Agency
C. Stormwater Issues
D. Acid Rain
E. Coastal Issues
F. Water Quality Issues
G. Mercury


III. Other Issues and Activities


Intergovernmental Coordination
SWIM Plan Review
Rulemaking


C-1
C-2
C-4
C-8


C-10
C-ll
C-12


C-13
C-16

C-16
C-18


D-1
D-4


D-6
D-7
D-8
D-8
D-9
D-9
D-1


D-ll
D-12
D-14









QUARTERLY STATUS REPORT, DECEMBER 1990
TABLE OF CONTENTS (CONTINUED)


Legal Issues

I. Enforcement

A. Waste Management E-l
B. Air Resources Management E-6
C. Water Facilities E-8
D. Water Management E-11

II. Permitting

A. Waste Management E-15
B. Air Resources Management E-15
C. Water Facilities E-17
D. Water Management E-17

III. Programs

A. Waste Management E-18
B. Air Resources Management E-22
C. Water Facilities E-24
D. Water Management E-25
E. Economic Analysis Section E-26
F. Administrative and Technical E-27


Administrative and Technical Services

I. Bureau of Laboratories

A. Reorganization F-1
B. Procurement of Equipment F-1
C. Laboratory Management Chemistry F-2
D. Laboratory Management Biology F-3


II. Bureau of Information Systems

A. Geographic Information System (GIS) F-3


APPENDICES

Appendix A: Permitting

A. Departmental Totals G-1
B. Permits Accepted/Denied/Issued G-2
C. Water Management G-3
D. Water Facilities G-4
E. Waste Management G-5
F. Air Resources Management G-6
G. Dairy Permit Status as of 12/01/90 G-7








QUARTERLY STATUS REPORT, DECEMBER 1990
TABLE OF CONTENTS (CONTINUED)


Appendix B: Other

A. Approved Priority Lists of the Surface Water G-10
Improvement and Management Program (SWIM)
B. Comprehensive Plan Review Schedule G-1









































DIVISION OF WASTE MAGIGEKENT













DIVISION OF WASTE MANAGEMENT


I. PERMITTING ACTIVITY

A. Solid Waste

1. Activities and Accomplishments During the Past
90 Days.

a. Perdido Landfill (Escambia Co.) The
Northwest District has modified this
landfill permit to include the shredding of
2,000 tires per day. Also approved is the
composting and artificial wetlands leachate
treatment that is being done in conjunction
with the University of West Florida at the
landfill.

b. Majette Landfill (Bay Co.) The Northwest
District has authorized the beginning of the
20-year period for long-term post closure
care of this landfill. The Majette Dunes
golf course has been built over the northern
part of.this site.

c. U.S. 27 South Landfill (Leon Co.) Recent
ground water monitoring at this landfill has
confirmed that contaminants exceeding
allowable limits are present in the ground
water. The County has agreed to perform a
contamination assessment to define the
problem and establish remedial actions.

d. Hamilton County Landfill A permit to
construct and operate this Class I expansion
of the County Landfill was issued on
September 14, 1990.

e. Suwannee Valley Solid Waste Management
Administration A permit to construct and
operate the Class I Aucilla Area Solid Waste
Facility, designed to serve Madison, Dixie,
Taylor, and Jefferson Counties, was issued
October 9, 1990.


A-1






QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



f. Nassau County Denials were issued for the
closure of the inactive Lofton Creek and
Bryceville Landfills on September 21, 1990.
The County is expected to reapply by January
4, 1991.

g. Putnam County A permit for construction
and operation of a Class III expansion of
the County's Interlachen Landfill was issued
October 11, 1990.

h. New River Solid Waste Association A permit
to construct and operate a Class I and Class
III landfill to serve Baker, Bradford, and
Union Counties was issued November 6, 1990.

i. Charlotte County Landfill The Southwest
District has denied an application to renew
the operating permit for the Zemel Road
Class I Sanitary Landfill. The County has
failed to submit complete plans for the
specification of a required slurry walls and
has also failed to install a double or
composite liner. The District plans to meet
with representatives of Charlotte County to
discuss and resolve these issues in a manner
sensitive to the needs of the County and the
environment.

j. Orange County Yard Waste Compost Pilot
Program (Orange County) A permit to
construct and operate this yard waste
composting facility located in the northeast
corner of the existing landfill site was
issued on November 27, 1990.

k. Astatula Ash Residue Monofill (Lake County)
Certification of Construction Completion
has been received and an inspection was
conducted. The ash residue monofill has a
composite liner and leachate collection
system. An operating permit was issued on
November 30, 1990.


A-2








QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



1. CBS Auto Parts (Orange County) A permit to
construct and operate a waste tire
processing facility for this site was issued
on December 6, 1990.

m. Highlands County Solid Waste Management
Facility An application for construction
was received on October 5, 1990. This
facility encompasses about 1,000 Acres and
is expected to last for approximately 20
years. The proposal includes a Class I
landfill, and separate areas for recyclable
materials.

n. North Broward Resource Recovery Facility -
Waste Management Inc. of Florida was issued
a construction permit to build a 44.5 acre
ash monofill for this facility and this
plant will have a 2,200 tons/day mass burn
solid waste combustor which has an
anticipated start-up date of April, 1991.

2. Activities and Goals for the Next 90 Days.

a. Duval County An intent to issue a
construction and operation permit for the
proposed Class I and Class III Trail Ridge
Landfill, located on the Duval/Baker County
line, is expected to.be issued.

b. Nassau County An intent to issue a
construction and operation permit for a
Class I and Class III expansion to the West
Nassau Landfill is expected to be issued.

c. Scallop Viscera Composting, Research,
Development and Demonstration Project -
(Brevard County) A complete application to
construct and operate a research and
development project to demonstrate the
feasibility of large scale window
composting of scallop viscera has been
received. Permit issuance is expected.


A-3






QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



d. FLA-O-LET. Inc. (Marion County) A
complete application for a Class III
landfill for trash and yard trash was
received on October 26, 1990. A permit to
operate the facility is anticipated.

e. Lake County Resource Recovery Facility (Lake
County) A complete application to operate
a municipal solid waste-to-energy facility
was received on October 3, 1990. The
facility will operate at a nominal rate of
528 tons per day. Permit insurance is
expected.

f. South Dade Landfill Dade County will be
expanding this landfill with Cell IV which
is approximately 60 acres and is being
designed to meet and exceed current
Department standards. This site is the
county's only Class I landfill for solid
waste.

g. Multi Dyne Medical Waste Management. Inc.,
(Palm Beach County) the District
anticipates issuing its first biohazardous
waste treatment permit for this facility.
The treatment system will consist of two
steam sterilizers.

B. Hazardous Waste

1. Activities and Accomplishments During the Past
90 Days.

a. Adcom Wire Co. (Duval County) Accepted the
closure certification of two surface
impoundments.

b. Borden. Inc. (Polk County) The Department
issued its first Notice of Deficiency.
Borden plans to clean up tank systems which
stored ink manufacturing wastes.


A-4








QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



c. E. B. Simpson (Broward County) The
Department issued an Intent to Modify the
closure permit in September to allow for a
risk-based closure of a surface impoundment.
This permit modification has been appealed
by the facility.

d. Florida DOT Fairbank (Alachua County) The
Department recently met with the staff of
DOT over concerns about alleged safety
violations and hazardous waste storage and
disposal violations at- the site. DOT is
still excavating the site and removing
additional non-hazardous and hazardous
construction debris.

e. Florida First Processing (Polk County) The
facility has submitted a response to the
Department's Second Notice of Deficiency
(NOD) on November 13, 1990. The Department
has until January 15, 1991 to either issue a
third NOD or to deem the application
complete.

f. Florida Mining and Materials (Hernando
County) This facility has applied for a
construction permit to build hazardous waste
storage tanks to store hazardous waste fuels
prior to burning these fuels in their cement
kiln. The Department has issued a third NOD
to this facility.

g. Florida Tile (Polk County) The Department
issued a major modification on November 9,
1990 to modify the ground water monitoring
requirements of three closed hazardous waste
surface impoundments. The Department has
also issued an Intent to Close a stormwater
pond which collected discharge of hazardous
constituents.


A-5






QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



h. Homestead AFB Completed construction of a
Hazardous Waste Storage Facility has been
certified by DER District Personnel. A
significant (Class III) Modification to the
facility's operating permit has undergone
review and is currently being public notice.

i. Kennedy Space Center (Brevard County) The
Department has approved the closure
certification for the fire training area
tank closure.

j. Laidlaw Environmental Services (Polk County)
The Department issued a second Notice of
Deficiency (NOD). Laidlaw intends to expand
operations at its hazardous waste facility
in Bartow.

k. Local Data Systems (Sarasota County) The
Department has issued a closure permit to
close hazardous waste treatment units and a
sprayfield.

1. Martin Marietta (Marion County) The
Department has issued a hazardous waste
operating permit to store hazardous waste
containers.

m. Monsanto Company (Escambia County) A
closure permit application has been received
by the Department.

n. Naval Air Station/Jacksonville (Duval
County) The Department is reviewing a
response to the second NOD for a closure
permit. This facility has signed a Federal
Facilities Agreement with the Department and
EPA.

o. Naval Coastal Systems (Bay County) The
Department has issued an operating permit
for the storage of hazardous waste
containers.


A-6








QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



p. Patrick Air Force Base (Brevard County) -
The Department has issued the first NOD for
the operation of a hazardous waste container
storage area.

q. Porter's Grove Metal Recovery (Polk County)
The Department has approved the
Certification of Closure for a hazardous
waste storage facility.

r. Public Works Center (Escambia County) The
Department has issued a first NOD for the
post-closure of their sludge drying beds and
surge pond. This facility has signed a
Federal Facilities Agreement with the
Department and EPA.

s. Quadrex Environmental (Alachua County) An
Operation Permit was issued for the storage
of hazardous Waste and hazardous wastes
mixed with radioactive wastes in containers
and tanks.

t. Refined Metals (Duval County) The
Department has issued a first NOD for the
post-closure of a landfill.

u. Safety-Kleen (Boynton) A RCRA Facility
Assessment (RFA) was conducted to determine
the presence of Solid Waste management Units
(SMU) for inclusion in a HSWA Permit.

v. Safety-Kleen (Dade County) The Southeast
District has issued a Notice of Intent to
Issue for the facility's construction permit
application.

w. Safety-Kleen (Delray) A RCRA Facility
Assessment (RFA) was conducted at
Safety-Kleen to investigate discharges to a
stormsewer at the facility's property
boundary.


A-7




F


QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



x. Stone Container (Bay County) The
Department has issued the first NOD for the
closure of a hazardous waste storage tank.

y. TRAK Microwave (Hillsborough County) The
Department has issued an Intent to Permit
the post-closure of a hazardous waste
surface impoundment.

z. United Technologies/Pratt and Whitney (Palm
Beach County) The facility has initiated
remedial activities in compliance with the
closure permit issued for the Hazardous
Waste Tank Storage and Treatment System
Closure Permit, issued April 16, 1990.

2. Activities and Goals for the Next 90 Days.

a. The following permits are anticipated to be
issued by the Department in the next 90
days:

1) City of Longwood (Seminole County) A
closure permit for a land disposal
facility will be issued to the city to
perform a proper corrective action, e.g.
site contamination assessment and ground
water monitoring program.

2) Florida First Processing (Polk County) -
After completing the review of the
response to the second NOD, the
Department will either issue a third NOD
or continue with preparation for an
Intent to Issue the construction permit
at the proposed hazardous waste
treatment facility.

3) General Components (Pinellas County) -
The Intent to Issue a closure permit
with post-closure conditions will be
issued for a land disposal facility.


A-8







QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



4) Homestead AFB (Dade County) A thermal
treatment unit closure plan is currently
under review and is expected to be
completed with subsequent closure plan
implementation.

5) Patrick Air Force Base (Brevard County)
A permit renewal will be issued for a
drum storage facility.

6) Piper Aircraft (Polk County) The
Intent to Issue a closure permit will be
issued to close a hazardous waste
surface impoundment and sprayfield.

7) Safety-Kleen/Miami (Dade County) -
Operating permit is being modified
pending Metro-Dade Fire Marshall
certification.

8) Safety Kleen (Hillsborough County) The
Department anticipates issuing the
permit renewal for the Tampa facility.
Permit is for storage of hazardous waste
flammable liquids.

9) Safety Kleen (Palm Beach County) The
Intent to Issue a closure permit will be
issued to close a hazardous waste
storage area.

10) Safety Kleen Corporation (Seminole
County) The Department will issue an
intent to the facility for a
construction permit. The permit is for
drum storage and storage tank
facilities.


A-9






QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



II. MAJOR ENVIRONMENTAL ISSUES

A. Solid Waste

1. Activities and Accomplishments During the Past
90 Days.

a. Annual Report All counties sent their
Annual Reports to DER on October 1
summarizing Solid Waste activity over the
past year. The reports show over 1.7
million homes on curbside recycling in the
State and a 15% recycling rate.

b. Solid Waste Annual Report DER presented
its Annual Report to the Governor and
Legislature on October 1 as required by the
1988 Solid Waste Management Act.

c. Waste Tire Sites A short list of
contractors has been developed from a
Request for Statements of Qualifications to
clean up the top eight priority waste tire
sites in the State.

d. Conner Land, LTD. (Pasco County) The
Southwest District issued a Notice of
Violation (NOV) and Orders for Corrective
Action to Conner Land, Ltd. which maintains
a large waste tire site of approximately
323,000 tires in Land O'Lakes. Conner Land,
Ltd. has since stabilized the site and the
District is now negotiating with them
concerning total abatement of the site.
This is the first large waste tire site in
the state to be stabilized.

e. City of Naples (Collier County) On October
3, 1990 the City of Naples entered into a
Consent Order with the Department for
operating an unauthorized transfer station
at their closed Class III yard trash compost
site. The city paid $900.00 to the


A-10








QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



Department in settlement for the violation.
In accordance with conditions in the Order,
the city is now utilizing its wood chipper
to operate a small scale mulching operation
adjacent to the old landfill site.

2. Activities and Goals for the Next 90 Days.

a. Solid Waste Regulations A panel of
engineering experts will finish review of
the state's landfill regulations.

b. Solid Waste Grants The Department will
distribute $25 million in recycling grants
and $6.5 million in waste tire grants to the
counties for fiscal year 1990-91 activities.

B. Hazardous Waste

1. Activities and Accomplishments During the Past
90 Days.

a. Capacity Assurance Plan The revised
Capacity Assurance Plan was submitted to the
EPA in April 1990. Florida participates in
a Capacity Assurance Plan Policy Development
Group sponsored by the National Governors
Association to advise EPA on capacity issued
for the 1993 plan submitted. Florida
continues efforts to enter into an
interstate agreement with other Region IV
States for proper disposal of hazardous
wastes.

b. Hazardous Waste Cleanup State cleanup
funds are available from the Water Quality
Assurance Trust Fund which was established
specifically to clean up sites contaminated
by hazardous Waste. Recent activity in this
program includes:


A-ll






QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



1) Construction of a ground water recovery
and treatment system was completed at
the Vroom (Polk County) and Belleview
(Marion County) State action sites.

2) Remedial investigations were completed
at the Town and Country (Clay County)
and McClusky Dump (Hendry County) State
action sites.

3) Feasibility studies were completed at
the Schuylkill Metals (Hillsborough
County) and Yellow Water Road (Duval
County) Superfund sites.

4) DER has concurred with the EPA Record of
Decision for remedial action at the
following Superfund sites: Munisport
Landfill (Dade County), Harris Corp.
(Brevard County), Yellow Water Road
(Duval County), Hipps Road (Duval
County), Coleman Evans (Duval County),
Picketteville (Duval County), Schuylkill
Metals (Hillsborough County), Cabot
(Alachua County) and Petroleum Products
(Broward County).

5) Contracts for hazardous waste site
services were executed with Ecology and
Environment, Inc., Woodward-Clyde
Consultants, Jacobs Engineering, and
Camp, Dresser and McKee, Inc.

c. Hazardous Waste Collection From Households -
During October and November collections were
held in the North East Florida Regional
Planning Council areas. Actual collections
were held in Duval, St. Johns, Baker,
Nassau, Clay, Putnam and Flagler counties.
December is a planning month for the
Apalachee Regional Planning Council area's
collections. Public participation has been
very good and collection totals continue to
triple totals from the previous Amnesty Days
Collections in these counties.


A-12







QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



d. Local Hazardous Waste Collection Centers -
Grant applications have been received from
Putnam, St. Johns, Manatee and Osceola
counties. Draft contracts have been
prepared.

e. Waste Reduction A workshop was initiated
and held for all state agency personnel
involved in print shop supervision or
purchasing. Hazardous waste and waste
reduction was discussed. The retired
engineers have conducted 60 on-site waste
reduction assessments which assist
businesses in identifying ways to reduce the
amount of waste generated. An intensive
waste reduction project has been undertaken
with the Jacksonville Naval Air Station to
conduct a detailed assessment of the Naval
Aviation Depot. Seven new retired engineers
have been trained in waste reduction and
will be making additional industry visits.

f. Used Oil Recycling Fifty-four counties,
six cities and the Miccosukee Indian Tribe
have received grants from the Department to
establish publicly-funded used oil collec-
tion centers. Six hundred public used oil
collection centers are in operation. Eight
press conferences were held throughout the
State to kick off the statewide program.

g. Used Oil Hotline Press conferences were
held in each district to promote the
Statewide Used Oil Recycling Program. To
assist in implementing this program, the
Department has installed a toll free number
(1-800-741-4DER) which informs callers of
the nearest public used oil collection
center. Since the kick-off of these press
conferences in November, the Department has
received an average of 160 calls per day.


A-13







QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



h. Statewide Hazardous Waste Management Plan -
Cooperation and assistance is being
solicited from the Hazardous Waste Committee
of the GRDCA in developing the plan required
by 403.725(3), Florida Statutes, which
focuses on household and small generators of
hazardous waste.

i. Small Quantity Generator Program Workshops
were held around the state to train county
personnel on the new database developed to
inventory small businesses which generate
hazardous waste.

j. Pensacola Coal Gasification Plant (Escambia
County) The parties involved in the former
coal gasification plant in Pensacola owned
by Pensacola Gas Company have agreed to per-
form a site investigation under the Super-
fund screening process. The site was owned
at various times by the City of Pensacola,
Florida Public Utilities Company, Gulf Power
Company, and the Florida Department of
Transportation.

k. Trinity Industries (Duval County) A Con-
sent Order has been entered into that calls
for closure of an unpermitted storage faci-
lity and a penalty settlement of $70,000.

1. Hendry Corporation (Tampa) A Consent Order
was entered into to resolve hazardous waste
violations at the Tampa facility. Hendry
paid a $24,000 penalty and agrees to cleanup
soils and ground water contaminated with
hazardous waste and waste oil.

m. Lindsley Lumber Site (Broward County) In
November the EPA granted approval for the
potentially responsible parties to conduct a
water treatment demonstration test at the
Lindsley site. This test will provide
information on the ability of the full-scale


A-14








QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



treatment system to be operated during the
removal action, to treat pentachlorophenol
(PCP) to below five parts per billion (ppb).
The actual removal action plan has not been
scheduled at this time.

n. Martin County Environmental Services The
Southeast District has been providing the
county environmental agency with assistance
in establishing a countywide hazardous waste
collection program for conditionally exempt
small quantity generators.

o. Worth Tailoring Site (Palm Beach County) -
ERM-South, Inc. has begun assessment of
perchlorethylene contamination at the Worth
Tailoring Site. The Department first became
aware of the case in 1985 after an employee
of Worth Tailoring complained that
perchlorethylene sludge was being dumped
behind the facility. Samples taken in 1986
and 1988 confirmed levels of perc in the
ground water ranging from 92 ppb to over 899
ppb.

p. CSX Transportation/Amtrak (Palm Beach
County) Diesel spill site As a result of a
collision between an Amtrak train and a
pick-up truck northwest of West Palm Beach,
approximately 1,500 gallons of diesel fuel
was discharged onto the railroad tracks.
CSX Transportation, who owns the tracks,
agreed to perform the cleanup activities
under Chapter 17-770, F.A.C. A Consent
Order was recently signed between the
Department, CSX Transportation, Inc. and the
National Passenger Railroad Corporation
(Amtrak).


A-15






QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



2. Activities and Goals for the Next 90 Days.

a. Local Hazardous Waste Collection Centers A
workshop is scheduled in January for all
counties involved in the program. Contracts
will be entered into with Putnam, St. Johns,
Manatee and Osceola counties to establish
local centers to accept household hazardous
waste.

b. Hazardous Waste Cleanup (Escambia County) -
The Department will complete Engineering
Design at the Omnivest Landfill State action
site and begin Engineering Design at the
Town & County (Clay County) and Reliable
Circuits (Pinellas County) State action
sites.

c. Amnesty Days During January, February and
March, hazardous waste collections from
households will be conducted in the North
Central Florida Regional Planning Council
areas. The counties to be completed during
this period are Bradford, Gilchrist, Union,
Columbia, Hamilton, Suwannee, Lafayette,
Dixie Madison and Taylor.

d. Statewide Hazardous Waste Management Plan -
A draft on this plan for household and small
generator hazardous waste will be prepared.
The Department will meet with the
Governmental Refuse Collection and Disposal
Association (GRCDA) Florida Chapter, local
governments and regional planning councils
to review the draft.

e. Small Quantity Generator (SQG) Program -
Counties and Regional Planning Councils
(RPCs) will interact with the Department's
SQG computer database. Assistance will be
given to counties and RCP's in developing
new assessment rolls.


A-16








QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



f. Used Oil Education Educational materials
will be distributed to educate the public on
the need to recycle their used oil and to
advertise the locations of used oil
collection centers. A sweepstakes drawing
will be held for individuals who buy and
recycle oil.

g. Resource Recovery of America (Polk County) -
The Department expects Resource Recovery of
America to enter into a Consent Order. The
order calls for a $85,000 penalty. The
activity is significant because this is the
first documented case in the State where a
facility was found to have conducted an
illegal and misleading activity. The
facility added low BTW wastes to their
hazardous waste fuel blending program.
Federal regulations require any recyclable
hazardous waste fuel to meet a certain
heating value.

C. Stationary Storage Tanks

1. Activities and Accomplishments During the Past
90 Days.

a. Local Government Contracting Inspections
were performed at 4246 underground
facilities, 599 aboveground facilities and
at 230 new installations by the 35 counties
under contract as well as our district
offices. Ten new counties Gulf, Calhoun,
Liberty, Franklin, Jefferson, Madison,
Wakulla, Taylor, Monroe and Leon have signed
new compliance verification contracts in the
last 90 days.

b. Underground Storage Tanks The Governor and
Cabinet approved Chapter 17-761, F.A.C.,
Underground Storage Tank Systems on October
9. The rule became effective December 10.


A-17







QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



c. Collier County A renewal contract was
executed with Collier County Pollution
Control to continue their compliance and
enforcement activities. The contract period
is from October 1, 1990 through September
30, 1991.

d. Storage Tanks Training Compliance
inspection training has been completed for
St. Lucie and Okeechobee County Public
Health Units. These counties have recently
signed compliance contracts with the
Department. Invoices to date show that 53
inspections have already been performed.

2. Activities and Goals for the Next 90 Days.

a. Local Government Contracting The
Department will contract with an additional
eight new counties within the next 90 days.
None of the existing contracts will be
expiring in the next 90 days.

b. Stationary Storage Tanks Chapter 17-762,
F.A.C., the Aboveground Storage Tanks Rule
was adopted at the December meeting of the
Environmental Regulation Commission and will
go into effect in January.

c. Mineral Acid Tanks A public workshop will
be held on a new rule, Chapter 17-767 for
Mineral Acid Storage Tank Systems.

D. Petroleum Cleanup

1. Activities and Accomplishments During the Past
90 Days.

a. Reimbursement Program The Department's
Petroleum Cleanup Program is funded by the
Inland Protection Trust Fund and is designed
to clean up sites contaminated by petroleum
products. In order to encourage more people


A-18


I







QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



to clean up their sites and seek
reimbursement, the 1989 legislature
instituted a "first come, first serve"
policy for reimbursement and. waived the
existing priority rule and funding
constraints for these cleanup. To date 657
applications totaling $36.6 million have
been paid.

b. Local Government Contracting Nine of the
counties that have contracted with the
Department to implement the petroleum
cleanup program have hired their own cleanup
contractors. Investigations have begun at
over 50 sites in these counties as the first
step in the cleanup process.

2. Activities and Goals for the Next 90 Days.

State Cleanup The Department plans to issue a
for Statement of Qualifications to begin the
process to select environmental consultants to
conduct investigations and cleanup at sites
eligible for State cleanup.


III. OTHER ISSUES AND ACTIVITIES

A. Rule Making

1. Activities and Accomplishments During the Past
90 Days.

a. The following rules were adopted by the
Environmental Regulation Commission during
the last quarter:

1) Soil Thermal Treatment (Chapter
17-775, F.A.C.) Regulates the testing,
handling, storage and disposal of
petroleum contaminated soils at thermal
treatment facilities.


A-19






QUARTERLY STATUS REPORT, DECEMBER 1990
WASTE MANAGEMENT (CONTINUED)



2) Aboveground Storage Tanks (Chapter
17-762, F.A.C.) Provides standards for
the construction, installation,
maintenance, registration, removal and
disposal of aboveground storage tank
systems and their integral piping
systems.

2. Activities and Goals for the Next 90 Days.

a. Phosphogypsum Stack Management (Chapter
17-705, F.A.C.) Setting standards for the
construction, design and closure of phos-
phogypsum stacks is expected by March, 1991.

b. Hazardous Waste Management (Chapter
17-730, F.A.C.) Expected to be adopted in
December, 1990, this rule adopts by
reference federal hazardous waste
regulations.

c. Mineral Acid Tanks (Chapter 17-767,
F.A.C.) Governs the registration and
inspection of tanks holding certain kinds of
acids. Expected in May, 1991.

d. Petroleum Liability Insurance (Chapter
17-769, F.A.C.) This rule will add the
Abandoned Tank Restoration Program.
It is expected to be adopted by the
Secretary of DER in January, 1991.

e. Reimbursement Petroleum Sites (Chapter
17-773, F.A.C.) Expected in to be adopted
in January, 1991, this rule adds provisions
on interest payment incentives.


A-20









































AIR RESOURCES MANAGEMENT














DIVISION OF AIR RESOURCES MANAGEMENT


I. PERMITTING ACTIVITY

A. Major Facility Air Permitting

1. Activities and Accomplishments During the Past
90 Days.

a. Air Construction Permits: Since October 1,
1990, twenty-one air construction permits
were issued for sources located at major
facilities. Four air construction permits
were denied. One hundred and fifty-one
major permits were under review during the
quarter.

1) Tarmac (Dade County) A construction
permit was submitted to restart an
existing cement kiln using coal as the
fuel. Present emission limits require
that additional controls be installed.
The Department agreed to a stipulation
which will be incorporated into the
final construction permit. The
stipulation will allow the company to
operate the kiln at specified emission
rates above the specific emission
standard for testing purposes only.
This stipulation was necessary for
testing purposes so the kiln could
operate without resulting in enforcement
action.

2) Sun Graphics (Broward County) The
printing company's application to use
solvent recovery in lieu of incineration
for control of volatile organic com-
pounds for its facility will be issued
upon resolution of the pending enforce-
ment case for operation without permits.

3) Florida Gas Transmission Pipeline The
company agreed to the Department's
enforcement action, paid a $48,090
settlement, and submitted construction
permits for its eight facilities.


B-1







QUARTERLY STATUS REPORT, DECEMBER 1990
AIR RESOURCES MANAGEMENT (CONTINUED)



4) Florida Power and Light (Sanford) The
company's request for a research and
development exclusion from normal
permitting for the use of "orimulsion,"
an experimental fuel, in its Sanford
Plant was granted.

2. Activities and Goals for the Next 90 Days.

a. Air Construction Permits The number of air
construction permit applications for sources
at major facilities continues to be greater
than the historical average.

1) Florida First Processing (Polk County) -
Applied in mid-1989 to the Department
for air permits for a hazardous waste
incinerator and associated storage and
handling facilities to be located in
Polk County. The applications were
deemed incomplete and the company
submitted additional information. There
have been several meetings with the
company in Tampa to discuss the issues.
The company submitted additional
information in November, 1990. The
applications are currently undergoing a
comprehensive review by the Bureau of
Air Regulation for the air component and
the Southwest District is reviewing for
hazardous waste. A final completeness
review by both programs will be
accomplished by mid-January. If the
information is complete and if the
proposed facility meets all of the
Departments rules and regulations, then
the Department could issue an intent for
both permits in mid-March.


2) MED X (Dade County) The company has
submitted construction applications for
two 4,000 pounds per hour biological
waste combustion units.


B-2








QUARTERLY STATUS REPORT, DECEMBER 1990
AIR RESOURCES MANAGEMENT (CONTINUED)



3) Florida Crushed Stone (Hernando County)
The company has conducted test burns
of tires as a fuel, and waste water
treatment sludge from JEA's northside
units as a cement additive. The
Department is reviewing the test
results.

4) Florida Mining and Materials
(Brooksville) The cement company
submitted applications to burn liquid
waste in its kilns. A request has also
been made to trial burn and performance
test tires as a fuel in the kilns.
Also, an application was submitted to
allow the number 1 cement kiln to fire
"flolite" as a fuel. The Department has
requested additional information. There
is considerable public interest in these
projects.

5) Research Technologies Associates The
company has requested a research and
development exclusion from normal
permitting for the use of a new process
for reducing waste tires to carbon
black, oil, and scrap metal. The
Division of Air Resources Management has
requested additional information in
order to continue the review.

6) Environmental Technology Southeast The
Intent to Issue permits for two portable
soil decontamination units that would be
allowed to operate statewide were issued
in June. Citizens from Jacksonville and
Ft. Walton Beach have requested
administrative hearings.

7) Mobile Reclaim. Inc. The permit for a
portable soil decontamination unit that
would be allowed to operate statewide is
being processed. It will incorporate an
agreement between the company, the
Department, and a concerned citizen from
Jacksonville.


B-3






QUARTERLY STATUS REPORT, DECEMBER 1990
AIR RESOURCES MANAGEMENT (CONTINUED)



8) Royster (Polk County) Since September,
1989, DER has issued three warning
letters to Royster for excess emissions
of Sulfer Dioxide and Ammonia. In order
to obtain more information about
conditions in the vicinity of the plant,
the Department plans to install a sulfer
dioxide monitor at the Mulberry High
School in January. An ammonia monitor
will be added by February. Both
monitors will provide real-time access
to air quality data in the area.

9) ITT Ravonier and Container Corp. of
America (Fernandina Beach) Permits for
the two paper mills, ITT Rayonier and
Container Corporation of America are
being reviewed in light of a violation
of the sulfur dioxide ambient air
standard which occurred this quarter.
Permit denial or modification will
probably result from this review so that
ambient air standards can be maintained.

B. Medical Waste Combustors

1. Activities and Accomplishments During the Past
90 Days.

a. Public Opposition The permitting process
for medical waste combustors continues to be
delayed by public opposition to the
facilities. The Department has established
an internal committee to address public
concern and is supporting the Florida
Hospital Association's Biohazardous Waste
Task Force.

C. Power Plant Activities

1. Activities and Accomplishments During the Past
90 Days.

a. Cedar Bay Project (Duval County) A Remand
hearing on the Cedar Bay project was held by
the Hearing Officer on October 28 and 29,
1990. The Siting Board will hear the case
on January 10, 1991.


B-4








QUARTERLY STATUS REPORT, DECEMBER 1990
AIR RESOURCES MANAGEMENT (CONTINUED)



b. Hardee County The Siting Board Certified
the Hardee Power Station at a Public hearing
on November 27, 1990.

c. FPL Lauderdale (Ft. Lauderdale) A hearing
on September 24-27, 1990, on the FPL
Lauderdale Project was held. A Siting Board
hearing is scheduled for January 10, 1991.

2. Activities and Goals for the Next 90 Days.

a. FPL Martin Project (Martin County) The
review of the FPL Martin Project was
completed. The Certification Hearing was
held October 29-31.

b. New Projects -

1) (Lee County) Review of the County
Waste-to-Energy project will continue.

2) (DeSoto County) Review of the
resubmitted CMI Pine Level Mine Power
Plant project will continue.

3) (Pinellas County) The plan of studies
for the Resource Recovery Project will
be reviewed.

4) (Palatka, Keystone Heights,
Jacksonville) Processing will continue
on the Seminole Keystone Heights -
Firestone transmission line.

5) (Indiantown) Receipt of the Bechtel
Indiantown project is expected in
December.


II. MAJOR ENVIRONMENTAL ISSUES

A. Federal Clean Air Act Amendments of 1990

1. Activities and Accomplishments During the Past
90 Days.

a. Passage of the Clean Air Act Amendments -
The Clean Air Act Amendments of 1990 were
passed by Congress on October 26 and signed


B-5






QUARTERLY STATUS REPORT, DECEMBER 1990
AIR RESOURCES MANAGEMENT (CONTINUED)



into law by the President on November 15.
This legislation will have a major impact on
air pollution control in Florida and
significantly increase the Department's
workload over the next several years.

2. Activities and Goals for the Next 90 Days.

a. Designation of Nonattainment Areas By
approximately March 15, 1991, the Clean Air
Act Amendments require the Governor to
submit to the Administrator of the U.S.
Environmental Protection Agency a list that
designates, affirms, or reaffirms the
designation of all areas of the state as
"attainment, nonattainment, or
unclassifiable" with respect to the national
ambient air quality standards for ozone and
carbon monoxide. The Department, through
the Environmental Regulation Commission,
will advise the Governor as to the
recommended course of action on this issue.

B. Motor Vehicle Air Pollution Control

1. Activities and Accomplishments During the Past
90 Days.

a. Clean Outdoor Air Law The Department
amended its motor vehicle antitampering
rules to conform to legislation requiring
motor vehicle dealers to inspect the six
most important air pollution control devices
on vehicles that they offer or display for
sale, and to certify to buyers that such
devices are in place and appear undamaged.
The new rules go into effect January 1,
1991.

In support of the upcoming Motor Vehicle
Inspection Program (MVIP), the Department
completed the development of equipment
requirements for
reinspection/self-inspection stations and
trained instructors to offer an emissions
inspector certification course beginning
next quarter.


B-6








QUARTERLY STATUS REPORT, DECEMBER 1990
AIR RESOURCES MANAGEMENT (CONTINUED)



2. Activities and Goals for the Next 90 Days.

a. Clean Outdoor Air Law The Department will:

1) train law enforcement agencies in
technical procedures for enforcing the
law on the highway;

2) provide the various automobile dealer
associations in the state with a guide
for inspecting the six air pollution
control devices specified by the law;

3) develop a standard procedure for use by
Department and local air program
employees to investigate potential
violations of the law by automobile
dealers; and,

4) complete rulemaking activities required
to implement the motor vehicle
refrigerant (CFC) recycling program,
including notifying the air conditioner
service industry of the new law.

5) The Department will continue to
coordinate with the Department of
Highway Safety and Motor Vehicles on
development of the Motor Vehicle
Inspection Program, specifically in the
areas of public education, equipment
specifications, training of reinspection
and self-inspection personnel, and
emissions data quality assurance.


III. OTHER ISSUES AND ACTIVITIES

A. Rule Making

1. Activities and Accomplishments During the Past
90 Days

a. Chapter 17-200, F.A.C., Series, Air
Pollution


B-7






QUARTERLY STATUS REPORT, DECEMBER 1990
AIR RESOURCES MANAGEMENT (CONTINUED)



1) On December 5, the Rule Review Committee
(RRC) gave its permission to begin
rulemaking, if necessary, to revise
Chapter 17-214, F.A.C., designating
ozone and carbon monoxide nonattainment
areas pursuant to the requirements of
the Clean Air Act (CAA) Amendments of
1990.

2) The amendments to Chapter 17-243,
F.A.C., Tampering with Motor Vehicle Air
Pollution Control Equipment, were
approved for adoption by the
Environmental Regulation Commission
(ERC) on November 16 and were filed with
the Secretary of State's office on
December 13.

3) The amendments to Chapter 17-242,F.A.C.,
Motor Vehicle Emissions Standards and
Test Procedures, relating only to
equipment specifications for the Motor
Vehicle Inspection Program, were adopted
by the Secretary on December 3.

4) A public workshop was held October 30 in
Tallahassee, on the Department's
proposed revisions to Chapter 17-242,
F.A.C., Motor Vehicle Emissions
Standards and Test Procedures, to be
considered by the ERC in January, 1991.

5) A public workshop was held on October 25
in Tallahassee, on the Department's
proposed revision of Chapter 17-289,
F.A.C., Electrical Power Plant Siting
(fees), and Chapter 17-291. F.A.C.
Electrical Transmission Line Siting
(fees). The fees portions of both rules
were adopted by the Secretary on
December 19. A third public workshop on
amendments to both rules was held
December 31.

A second public workshop was held on
October 11 in Tallahassee, on the
Department's proposed Chapter 17-257,
F.A.C., Asbestos Notification Fee rule.
A third public workshop was held
November 29 in Clearwater Beach.


B-8







QUARTERLY STATUS REPORT, DECEMBER 1990
AIR RESOURCES MANAGEMENT (CONTINUED)



6) Public workshops were held October 10
and November 13 in Tallahassee on the
Department's proposed new Chapter
17-281. F.A.C., Motor Vehicle Air
Conditioner Refrigerant Recovery and
Recycling.

2. Activities and Goals For the Next 90 Days.

a. Chapter 17-2. F.A.C., Air Pollution

1) The renumbering and reformatting of
Chapter 17-2. F.A.C., will be completed.

2) Federal New Source Performance Standards
(NSPS) and National Emission Standards
for Hazardous Air Pollutants (NESHAPs)
for certain sources of air pollution
will be selected for adoption by
reference pursuant to 403.8055. Florida
Statutes.

b. Chapter 17-200. F.A.C.. Series, Air
Pollution

1) The amendments to Chapter 17-242,
F.A.C., Motor Vehicle Emissions
Standards and Test Procedures, will be
presented to the Environmental
Regulation Commission (ERC) for approval
on January 10-11, 1991.

2) A fourth public workshop on the
Department's proposed Chapter 17-257,
F.A.C., Asbestos Notification Fee rule,
will be held January 24, 1991, in
Tallahassee. A Secretarial hearing is
scheduled for March 26 to approve the
proposed rule.

3) A public workshop on the Department's
proposed revision to Chapter 17-209,
F.A.C., Local Air Pollution Control
Programs, tag fee rule is scheduled for
January 31, 1991.


B-9






QUARTERLY STATUS REPORT, DECEMBER 1990
AIR RESOURCES MANAGEMENT (CONTINUED)



4) The proposed new Chapter 17-281, F.A.C.,
Motor Vehicle Air Conditioner
Refrigerant Recovery and Recycling, will
be presented to the ERC for approval
February 14-15, 1991.

5) Proposed amendments to Chapter 17-214,
F.A.C., to designate nonattainment areas
pursuant to the Clean Air Act Amendments
of 1990 will be presented to the ERC, if
necessary, for approval February 14-15,
1991.

6) A petition for rule making to add an
agricultural heater to Chapter 17-256,
F.A.C., Open Burning, has been received
and will be considered during the next
90 days.

B. Transmission Line Siting

1. Activities and Accomplishments During the Past
90 Days.

a. Seminole-Keystone-Firestone Transmission
Line The application for Seminole Electric
Cooperative's, proposed 230 kV transmission
line from Palatka to Keystone Heights to
Jacksonville was found insufficient.

b. Lake Tarpon-Kathleen Transmission Line
Siting Project (Hillsborough County) -
Compliance information on wetlands resource
regulation issues relating to the Lake
Tarpon-Kathleen transmission line siting
project was reviewed. Although this
transmission line crosses several counties,
only the siting in Hillsborough County
crosses wetlands.

2. Activities and Goals for the Next 90 Days.

a. Seminole-Keystone-Firestone Transmission
Line The project will be reviewed and
processed once the sufficiency problems are
corrected.

b. The Transmission Line Siting rules will be
revised.


B-10








QUARTERLY STATUS REPORT, DECEMBER 1990
AIR RESOURCES MANAGEMENT (CONTINUED)



c. Lake Tarpon-Kathleen Transmission Line
Siting Project (Hillsborough County) -
Further review of compliance information on
the Lake Tarpon Kathleen transmission line
siting project located primarily in
Hillsborough County will continue.

C. Air Toxics

1. Activities and Accomplishments During the Past
90 Days.

a. Air Toxics Assessment of Wood Preserving
Facility (Gainesville) The Department
arranged for a contractor to collect and
analyze ambient air samples at the Beazer
Materials facility and to develop a risk
analysis. The Department will use the
information to determine whether additional
permit conditions are needed to control the
emissions from this wood preserving
operation.

b. Toxic Air Pollutant Monitoring (Orange
County) An air toxics project involving
ambient air monitoring began in June Orange
County where 30 organic and inorganic
chemicals will be sampled each week for the
remainder of 1990. Should any of the
results show a chemical (air toxic) to be of
concern, the Department will immediately
begin an emissions inventory of that
pollutant to support possible future
rulemaking for reducing its emissions.

2. Activities and Goals for the Next 90 Days.

a. Review Implementation Schedule for the Air
Toxics Requirements in the 1990 Clean Air
Act The 1990 Clean Air Act amendments
require EPA to issue technology-based
standards to regulate 189 hazardous air
pollutants. The Act mandates 25 new rules
for stationary sources and plant
modifications; two guidance documents for
emission offsets and state grants; 10


B-ll






QUARTERLY STATUS REPORT, DECEMBER 1990
AIR RESOURCES MANAGEMENT (CONTINUED)



reports for residual risk, coastal
deposition, utility and mercury emissions;
research for urban areas; and two studies
and panels for chemical safety and risk
assessment. The Department must develop a
thorough comprehension of the Act's language
to help EPA meet the national goals.

D. Air Pollution Education

1. Activities and Accomplishments During the Past
90 Days.

a. Clean Outdoor Air Law The Department
continued to distribute public information
materials related to the statewide
provisions of the Clean Outdoor Air Law,
specifically, the prohibition against
operating or selling a tampered vehicle. As
part of the October National Car Care Month,
the Southeast District, in cooperation with
the county air pollution control agencies
and the American Lung Association, performed
over 2,000 free auto emissions inspections
in Dade, Broward, Palm Beach, and Martin
counties. The Department also continued to
participate in meetings of the Department of
Highway Safety and Motor Vehicle's Public
Education Advisory Committee on the
six-county Motor Vehicle Inspection Program.

2. Activities and Goals for the Next 90 Days.

a. Clean Outdoor Air Law The Department will
continue the public education program,
expanding its reach as far as possible.
Working through organizations such as the
American Lung Association of Florida, the
Department will continue to seek the support
of corporations interested in joining the
public education effort.


B-12







































DIVISION OF WATER FACILITIES













DIVISION OF WATER FACILITIES


I. PERMITTING ACTIVITY

A. Lake Okeechobee Dairies

1. Activities and Accomplishments During the Past
90 Days.

a. Current Status of Dairies -

1) Thirty-six of the 49 dairies regulated
under the Dairy Rule have been issued
construction permits.

2) One dairy has shut down, bringing to 11
the total number of dairies closed under
the buyout program.

3) One dairy entered the buyout program.

4) One dairy initiated construction.

5) Two construction permits were issued.

6) Three operation permits were issued.

7) See Appendix A, page G-7: "Permitting
Summaries" for a complete list of the
dairies and their permit status.

2. Activities and Goals for the Next 90 Days.

a. Anticipated Status of Dairies -

o Construction should be initiated at all
remaining dairies.

o Six to eight more dairies should
complete construction.

o At least one additional dairy may enter
the buyout program.


C-1






QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



b. Water Quality Monitoring Program Existing
data indicate nutrient loadings to surface
waters have significantly decreased at
dairies where new waste management systems
have been installed. The South Florida
Water Management District is developing a
monitoring program to evaluate water quality
improvements resulting from implementation
of the Dairy Rule. The Department will
continue to assist in developing a quality
assurance/quality control plan to ensure the
reliability of the data from this program.

B. Drinking Water

1. Activities and Accomplishments During the Past
90 Days.

a. Marco Island (Collier County) A permit for
a 4.0 MGD reverse osmosis water treatment
plant is still pending because of a petition
for an administrative hearing filed with the
Office of General Counsel on August 6.

b. City of Hawthorne Water Treatment Plant No.2
(Alachua County) On October 15, a
construction permit for a second water
treatment plant to increase capacity was
issued. It will include a new 10-inch well,
a 100,000 gallon elevated storage tank and a
gas chlorination system.

c. Mayport Naval Station (Duval County) On
October 20, a construction permit to upgrade
the existing water treatment plant was
issued, as a result of previous enforcement
activities. It will include upgrading the
water distribution system, a two million
gallon ground storage tank, two aerators at
3,000 GPM each, six high service pumps, a
pressure tank and a chlorination system.


C-2








QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



d. Columbia Correctional Institution (Columbia
County) On October 5, a construction
permit to improve the water treatment plant
was issued. It will include two 12-inch
wells, a 150,000 gallon elevated tank and a
chlorination system to serve 896 inmates and
223 staff members.

e. Pace Island (Clay County) On October 23, a
construction permit for a new water
treatment plant that will be connected to
the existing Fleming Oaks Water Treatment
Plant was issued. It will consist of
aeration and chlorination treatment, and
will increase plant capacity.

f. North Beach Utilities (St. Johns County) -
On October 23, an intent to issue a permit
to construct a reverse osmosis water
treatment systemto correct sulfates and TDS
water quality problems at the existing water
treatment plant was sent. It will treat
portions of the water and blend it with
existing flows to bring sulfates and TDS
below MCL values.

g. Palm Coast Water Treatment Plant No. 2
(Flagler County) In November, an Intent to
Issue a permit allowing construction of a
new two million GPD membrane softening plant
to increase the utility's capacity to 8 MGD
was signed.

h. Town of Welaka (Putnam County) On October
9, a construction permit to improve the
water treatment plant and water distribution
system was issued. It will include a new
aerator chlorination system and improvements
in the distribution system.

i. Town of Branford (Suwannee County) On
November 30, a construction permit to
install a new well at the water treatment
plant was issued. The second well was
installed at the Department's request due to
water quality problems in the existing well
and to increase capacity.


C-3






QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



j. Town of Jupiter (Palm Beach County) On
December 14, the dedication of the new 3 MGD
reverse osmosis water treatment plant was
held.

C. Wastewater Treatment

1. Activities and Accomplishments During the Past
90 Days.

a. Stock Island Power Plant (Monroe County) -
On November 6, an industrial wastewater
permit was issued to the Utility Board of
the City of Key West. On November 21, the
Office of General Counsel received a request
for an extension of time on this permit.

b. Southern Garden Citrus (Hendry County) The
Department is reviewing an application for
construction of a 0.45 MGD citrus wastewater
processing facility. The plant utilizes a
multistage pre-screening and dissolved air
flotation process for pretreatment,
three-stage ditch aeration system and spray
irrigation for disposal.

c. Three S Disposal (Lee County) The
wastewater treatment plant owned and
operated by Three S Disposal has been
legally abandoned, and Lee County has been
named as receiver and takes over the
operation.

d. St. Johns County State Road 16 (St. Johns
County) A construction permit application
has been received, and the Public Notice,
Intent to Issue and draft permit have been
sent. It is a 0.5 MGD advanced wastewater
treatment plant to serve an area of motels
and restaurants at the intersection of State
Road 16 and 1-95.. As proposed, reclaimed
water will discharge to a wetland pursuant
to Chapter 17-611, F.A.C., and will be
covered in a subsequent construction permit.


C-4








QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



e. Hartpoint Properties (Putnam County) A
construction permit application to serve a
60 room motel has been received, and the
Public Notice, Intent to Issue and draft
permit are being sent. It is a 0.010 MGD
wastewater treatment plant with the
reclaimed water discharge to the Department
of Transportation drainage outfall, then to
the St. Johns River. A waiver from Putnam
County's Ordinance prohibiting wastewater
treatment plant discharges to surface waters
was granted to allow this discharge.

f. Lawtey Correctional Institution (Bradford
County) A construction permit application
to modify the existing 0.105 MGD wastewater
treatment plant by adding a dynasand filter,
a filter dosing pump station,and adechlori-
nation system has been issued. The reclaimed
water discharges to a drainage ditch, to
Alligator Creek and finally to New River.

g. Container Corporation of America (Nassau
County) An industrial waste construction
modification permit to rebuild an existing
paper machine that will increase production
and will not increase the existing permitted
flow, BOD5 and TSS effluent limitations to
the Amelia River was issued. The mill will
also install various spill collection and
control systems.

h. St. Lucie County On October 31, a Notice
of Intent to Issue an operation permit to
St. Lucie West Utilities for the 1 MGD
wastewater treatment plant was sent. It
utilizes slow rate application of treated
effluent on a 100-acre golf course and home
sites as the sole source of effluent dis-
posal. An on-site load test was conducted
on the 100-acre golf course, data collected,
and the MODFLOW computer model calibrated to
more precisely predict ground water mound
rise on the golf course over a two year
period. Subsequent water budget analysis
that focused attention on acceptable ET
values for South Florida turf grasses was
performed.


C-5






QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



i. City of Hollywood (Broward County) On
November 2, a permit modification to allow
for cessation of chlorination at the
wastewater treatment plant was issued. The
City requested this for periods during dye
studies for dilution analysis and SEFLOE II
experiments. Cooper City and Davie, which
combine their effluents with Hollywood's to
use one ocean outfall, are also anticipated
to make similar requests.

j. City of Fort Lauderdale (Broward County) A
Notice of Intent to Issue a construction
permit for a three stage scrubber system was
sent. It will be installed for odor control
for the domestic sludge compost facility,
because of persistent odor complaints.

2. Activities and Goals for the Next 90 Days.

a. Julington Creek (St. Johns County) A
construction permit application for
expansion of the existing wastewater
treatment plant has been received. A
separate application will deal with the
reclaimed water land application system.

b. Cross City Correctional Institution (Dixie
County) A temporary operating permit
application to allow improvements to bring
the wastewater treatment plant into full
compliance is being reviewed. The Public
Notice, Intent to Issue and draft permit
have been signed. It is a 0.250 MGD plant
with the reclaimed water discharging to a
drainage ditch.

c. Cedar Key (Levy County) The construction
permit for the expansion and upgrade of the
wastewater treatment plant with effluent
discharge to a subsurface drip irrigation
system is expected to be issued shortly.
The design flow of the plant will increase
from 0.10 MGD to 0.166 MGD. With the
exception of parameters listed in the
Request for Exemption, the effluent is


C-6








QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



expected to meet primary and secondary
drinking water standards. Duplicate units
will be provided on all major components to
assure compliance with Class I reliability
requirements.

The Department is reviewing an exemption
request from the Cedar Key Special Water and
Sewerage District. The exemption is from
the G-II water quality standards of sodium,
odor, chloride, color and total dissolved
solids, and is a stipulation required for
issuing the Cedar Key Wastewater Treatment
Plant construction permit.

d. Associated Minerals (USA). Inc. (Clay
County) A renewal operation permit for the
existing industrial wastewater treatment
facility is being reviewed.

e. Seminole Kraft. Inc. (Duval County) A
construction/modification permit for the
existing wastewater treatment system to
produce linerboard from 100 percent recycled
fiber instead of from kraft pulp is being
reviewed.

f. Palm Coast Utility Corporation (Flagler
County) An application for an industrial
wastewater construction permit to discharge
concentrate water from a planned membrane
softening unit has been received.

g. Moses and Son Farms, Inc. (Lafayette County)
A construction permit for a 300 cow dairy
with spray irrigation for effluent disposal
is being processed.

h. City of Hollywood (Broward County) An
application for a construction permit for
improvement/modifications to the plant has
been received. The proposed improvements
will possibly allow for an increase in
capacity from 38 MGD to 42 MGD. Anti-
degradation requirements will be a major
issue during the permitting process.


C-7


c







QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



i. Solid Waste Authority Compost Facility (Palm
Beach County) An application for a
construction permit for a pilot facility to
evaluate composting of wastewater treatment
sludge has been received. According to the
application, the "Solid Waste Authority
receives approximately 50 percent of the
wastewater treatment sludge generated in
Palm Beach County."

D. Infection Wells

1. Activities and Accomplishments During the Past
90 Days.

a. Marco Island (Collier County) On December
5, a Class I injection well permit for the
reverse osmosis plant concentrate reject and
the wastewater treatment plant effluent
disposal was issued.

b. Marathon Government Center (Monroe County) -
An administrative hearing on the parking lot
stormwater injection well permit has been
requested. On August 31, the Intent to
Issue was sent.

c. City of Boynton Beach (Palm Beach County) -
On November 15, an Intent to Issue a permit
for a Class I Industrial Injection Well to
receive membrane softening reject
concentrate from a potable water plant was
sent.

d. Palm Beach County Southern Region Wastewater
Treatment Plant (Palm Beach County) -
Mechanical Integrity Testing for Part I and
Part II procedures (pressure and radioactive
tracer) on two recently completed 24-inch
injection wells was witnessed by Department
personnel.

e. City of Plantation Wastewater Treatment
Plant (Broward County) Mechanical
Integrity Testing for Part I and Part II
procedures on two 24-inch injection wells
was witnessed by Department personnel.


C-8








QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



f. City of West Palm Beach Wastewater Treatment
Plant (Palm Beach County) Mechanical
Integrity Testing for Part II procedures on
six 24-inch injection wells was witnessed by
Department personnel.

g. Pratt and Whitney Wastewater Treatment Plant
(Palm Beach County) Mechanical Integrity
Testing for Part I and Part II procedures on
the Class I industrial injection well was
witnessed by Department personnel.

h. Miami-Dade Water and Sewer Authority
Department South District Wastewater
Treatment Plant (Dade County) Mechanical
Integrity Testing for Part I procedures on
injection well #10 and Part II procedures on
injection well #11 was witnessed by DER
personnel.

i. Palm Beach County System 9 (Palm Beach
County) On November 15, an Intent to Deny
an application to operate the injection well
for failure to demonstrate its Mechanical
Integrity was issued.

2. Activities and Goals for the Next 90 Days.

a. Marco Island (Collier County) After
further information is received, an Intent
to Issue a permit for a Class I injection
well for the reverse osmosis plant reject
and wastewater treatment plant effluent
disposal is anticipated.

b. City of Ft. Lauderdale G.T. Lohmever
Wastewater Treatment Plant (Broward County)
Mechanical Integrity Testing for Part I
and Part II procedures for five 24-inch
injection wells is planned.

c. City of Pahokee Wastewater Treatment Plant
(Palm Beach County) Issuing an operating
permit for a 24-inch injection well is
planned.


C-9






QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



d. ACME Improvement District Wastewater
Treatment Plant (Palm Beach County) -
Issuing an operating permit for an
industrial Class I injection well to receive
membrane softening reject concentrate and
treated municipal effluent is planned.

e. North Martin County Utility Department
Wastewater Treatment Plant (Martin County) -
Issuing an operating permit for a Class I
injection well to receive treated municipal
effluent is planned.

f. City of Stuart Wastewater Treatment Plant
(Martin County) Mechanical Integrity
Testing for Part I and Part II procedures
for the Class I injection well that receives
treated municipal effluent is planned.

g. City of West Palm Beach Wastewater Treatment
Plant (Palm Beach County) A repeat of the
Mechanical Integrity Test using Part II
procedures for one of the six injection
wells is planned.

II. MAJOR ENVIRONMENTAL ISSUES

A. Dairies in North Florida

1. Activities and Accomplishments During the Past
90 Days.

a. A third set of quarterly samples was
obtained from monitoring wells at nine
dairies in the Suwannee River Basin.
Analyses confirmed the elevated levels of
nitrate previously found in wells located
adjacent to waste handling and disposal
areas. As a protective public health
measure, the Department of Health and
Rehabilitative Services began sampling
drinking water wells on and near dairies in
the basin.


C-10








QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



Nitrate analysis results have been received
for 122 drinking water wells at 68 of the 84
dairies in the basin. Nitrate exceeded the
10 mg/l drinking water standard in 12 wells
at 10 of the 68 dairies. Results for wells
at the remaining 16 dairies and adjacent
properties are expected soon.

2. Activities and Goals for the Next 90 Days.

a. Sampling of existing monitoring wells will
continue. Additional monitoring wells will
be installed at four of the nine currently
monitored dairies and will be sampled to
determine the vertical and lateral extent of
ground water impacts from the dairies. The
Department of Health and Rehabilitative
Services will complete sampling of drinking
water wells in the vicinity of dairies in
the Suwannee River Basin.

B. Bluebelt Commission

1. Activities and Accomplishments During the Past
90 Days.

a. Commission Status In October, the
Commission held the first final report
public workshop in Tallahassee. Conclusions
to be included in the report are aquifer
eligibility, the relationship of the
Bluebelt concept to Water Management
District prime recharge mapping, revenue
replacement, parcel size and recapture. In
a December workshop, the Commission will
considered a second version of the final
report. Upon revisions, the final report
will be delivered to the Legislature by
February 15, 1991, essentially fulfilling
the charge of the Commission.

2. Activities and Goals for the Next 90 Days.

a. Final Report Status If necessary during
January, the Commission will hold a final
workshop meeting in Tallahassee to complete
the final report, including whether to
recommend implementation. The final report
is due to the Legislature on February 15.


C-11






QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



C. Wastewater Treatment

1. Activities and Accomplishments During the Past
90 Days.

a. Southeast Florida Outfalls Experiment
(SEFLOE II) In November and December,
Technical Advisory Committee Meetings were
held at the National Oceanic and Atmospheric
Administration (NOAA) in Miami.
Participants included the Department, the
United States Environmental Protection
Agency, NOAA, four of the six ocean outfall
dischargers and several environmental
groups. All funding for the basic study has
been approved.

b. Indian River Lagoon By July 1, 1995,
elimination of existing domestic
waste/surface water discharges to the Indian
River Lagoon system is required by CS/HB
3247. Before July 1992, existing
dischargers must also investigate the
feasibility of using reclaimed water for
beneficial use. The Central and Southeast
Districts sent notification letters to all
affected domestic wastewater facilities that
are required to comply with this statute.

2. Activities and Goals for the Next 90 Days.

a. Southeast Florida Outfalls Experiment
(SEFLOE II) In January, equipment with
full capability for data collection
beginning in February will be placed in the
field. The Department of Health and
Rehabilitative Services and Center for
Disease Control in Atlanta may present
concerns or seek involvement in the
pathogen/virus issue.

b. Indian River Lagoon The Central and
Southeast Districts will conduct an
evaluation of all package plants in their
districts to determine if these facilities
are a threat to surface water.


C-12








QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



III. OTHER ISSUES AND ACTIVITIES

A. Rule Making

1. Activities and Accomplishments During the Past
90 Days.

a. Revolving Loan Program (Chapter 17-503,
F.A.C.) In September and December, two
Technical Advisory Committee Meetings were
held to address issues that include
procedures to manage the program when bond
proceeds are used to make loans, refining
the priority list development and management
.procedures and establishing a loan service
fee. The first draft of the rule revisions
was prepared.

b. EDB Remedial Funding Procedures (Chapter
504. F.A.C.) -'Minor changes were made to
reflect transfer of all program activities
from the Department of Agriculture and
Consumer Services to the Department.

c. New Potable Water Well Permitting in
Delineated Areas (Chapter 17-524, F.A.C.) -
In October, final Interagency Agreements
with the Northwest Florida Water Management
District, the Southwest Florida Water
Management District and the Department of
Health and Rehabilitative Services for
delegation of permitting and sampling
responsibilities were executed.

d. Drinking Water (Chapters 17-550, -555. and
-560. F.A.C.) In November, the
Environmental Regulation Commission adopted
rule changes that incorporate new coliform
monitoring, disinfection and filtration
treatment requirements for water systems
using surface or ground water sources.


C-13






QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



e. Domestic Wastewater Facilities (Chapter
17-600. F.A.C.) and Domestic Wastewater
Treatment Plant Monitoring (Chapter 17-601,
F.A.C.) In November, the Environmental
Regulation Commission adopted proposed
changes that included two major pollution
prevention measures in Chapter 17-600,
F.A.C. -- provisions for timely expansion of
facilities and for operation and maintenance
reports.

f. Domestic Wastewater Treatment Plant
Monitoring Non-Compliance Fee (Rule
17-601.830, F.A.C.) In October, a workshop
on the draft rule about a non-compliance fee
provision authorized by the 1990 Legislature
was held. In November, the Secretary was
briefed for a December Secretarial Adoption
Hearing, if requested.

g. Operator Certification (Chapter 17-602,
F.A.C.) In December, permission was
granted to initiate rule revisions to
address criteria for certification, staffing
requirements for various categories of
treatment plants and overall clean up.

h. Domestic Wastewater Residuals (Chapter
17-640. F.A.C.) An appeal that was filed
following the hearing officer's final order
in March upholding the rule as adopted by
the Environmental Regulation Commission is
still pending. In November, a hearing draft
to authorize rule forms was noticed in the
Florida Administrative Weekly.

i. General Permit for a Disposal System for a
Laundromat (Rule 17-660.801, F.A.C.) The
Joint Administrative Procedures Committee
package was submitted, and the rule becomes
effective in December.

j. General Permit for Car Wash Recycle Systems
(Rule 17-660.803. F.A.C.) The Joint
Administrative Procedures Committee package
was submitted, and the rule becomes
effective in December.


C-14








QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



k. General Permit for Sand and Limestone Mines
(Rule 17-660.804, F.A.C.) The Joint
Administrative Procedures Committee package
was submitted, and the rule becomes
effective in December.

2. Activities and Goals for the Next 90 Days.

a. Revolving Loan Program (Chapter 17-503,
F.A.C.) A public workshop will be held,
and the draft rule will be revised. If
needed, a second public workshop will be
held.

b. New Potable Water Well Permitting in
Delineated Areas (Chapter 17-524. F.A.C.) -
A workshop to begin Phase II to adopt
delineated areas is scheduled for February.

c. Drinking Water '(Chapter 17-560, F.A.C.) A
workshop about the non-compliance fees will
be scheduled in Tallahassee with possible
adoption by the Secretary in March.

d. Domestic Wastewater Facilities (Chapter
17-600, F.A.C.) and Domestic Wastewater
Treatment Plant Monitoring (Chapter 17-601,
F.A.C.) In January, the rules will be
filed with the Secretary of State.

e. Domestic Wastewater Treatment Plant
Monitoring Non-Compliance Fee (Rule
17-601.830, F.A.C.) In January, the rules
will be filed with the Secretary of State.

f. Operator Certification (Chapter 17-602,
F.A.C.) The Technical Advisory Committee
will meet to begin drafting rule revisions.

g. Domestic Wastewater Residuals (Chapter
17-640, F.A.C.) In January, the rule
revisions will be filed with the Secretary
of State.


C-15







QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



B. Wastewater Treatment Revolving Fund Loans

1. Activities and Accomplishments During the Past
90 Days.

a. Collier County An additional $3,500,000
loan for construction of Phase II collection
sewers in the Naples area was made.

b. City of Haines City (Polk County) A
$215,000 completion loan for the wastewater
transmission facilities was made.

c. City of St. Cloud (Osceola County) A
$417,000 loan increase to upgrade the
wastewater treatment plant was made.

d. Application for Federal Funds The
Department applied for a $70,000,000 federal
grant to capitalize the revolving loan fund
and administer the program.

2. Activities and Goals for the Next 90 Days.

a. Loan Agreements Loan agreements with the
City of Tampa (Hillsborough County) and
Metropolitan Dade County will be completed,
and new loan agreements with the City of
Kissimmee (Osceola County) and City of
Haines City (Polk County) will be made.
Upon receipt of the Fiscal Year 1991 federal
allotment, the Collier County loan will be
further increased.

b. Project Priority List Project information
for the Fiscal Year 1992 list will be
solicited from local governments.

C. Drinking Water

1. Activities and Accomplishments During the Past
90 Days.

a. Delegation of Full Permitting Activities to
the Duval County Health Department The
District Office coordinated activities and


C-16








QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



training in the PATS tracking system and
other permitting activities with the Duval
County Health Department to assist them in
the implementation of full permitting
responsibilities delegated by Interagency
Agreement. The Duval County Health
Department was recommended for full
delegation.

b. Training Seminar for Class D Water Plant
Operators (Northeast District) On October
23, another seminar to assist the Class D
Water Operators in their certification was
completed.

c. Naval Air Station (Pensacola) The
Department has entered into a Memorandum of
Agreement with the Navy Public Works Center
about dieldrin contamination of certain
wells in the potable water system. It
requires the shutdown of contaminated wells,
monitoring of active wells and construction
of treatment facilities for the contaminated
wells.

2. Activities and Goals for the Next 90 Days.

a. Training Seminar for Class D Water Plant
Operators (Northeast District) A seminar
to assist the Class D Water Operators in
their certification is scheduled for
January.

b. Drinking Water Annual Meeting In January,
the Drinking Water Annual Meeting will be
held in Tampa. Participation is expected
from all District Offices and Department of
Health and Rehabilitative Services Approved
County Public Health Units.


C-17






QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



D. Wastewater Treatment

1. Activities and Accomplishments During the Past
90 Days.

a. Reuse Brochure In October, the reuse
brochure was published. Copies were sent to
the Water Management Districts and the
District Offices for distribution.

b. Training Seminars on the Residuals Rule In
October, training for the District Offices
was completed.

c. Boca Raton. Bovnton Beach and Delrav Beach
(Palm Beach County) On November 5,
meetings with representatives from the City
of Boca Raton Wastewater Treatment Plant and
the South Central Regional Wastewater
Treatment Plant to discuss biotoxicity and
mixing zone requirements of Rule 17-4.244,
F.A.C., pertaining to their ocean outfalls
were held.

d. City of Boca Raton (Palm Beach County) -
During a meeting, City representatives
presented a Master Plan for reclaimed water
use for Department review and comment. The
Master Plan discusses improvements necessary
to reuse up to 15 MGD of reclaimed water.

e. City of Fort Pierce (St. Lucie County) The
City operates a 9.0 MGD activated sludge
wastewater treatment plant that has a
surface water discharge to the Indian River.
Department comments were submitted to the
City about a preliminary design for a
multi-port outfall diffuser, mixing zone
requirements and the Indian River Lagoon
SWIM Act. The District is processing an
application for a temporary operation
permit.


C-18








QUARTERLY STATUS REPORT, DECEMBER 1990
WATER FACILITIES (CONTINUED)



2. Activities and Goals for the Next 90 Days.

a. Training Seminars on the Domestic Wastewater
Facilities and Domestic Wastewater Treatment
Plant Monitoring Rules TKU'I'Mr at
Offices and other interested group# and
organizations will be scheduled for
training.


C-19






































DIVISION OF WATER MANAGEMENT














DIVISION OF WATER MANAGEMENT


I. PERMITTING ACTIVITY

A. Dredge and Fill

1. Activities and Accomplishments During the Past
90 Days.

a. Wetlands The following is the status for
the statewide wetland resource permitting
program:

Issued Denied Exempt Gen Permit Withdrawn Total

Dredge/Fill 289 103 385 44 25 846
Stormwater 1 22 3 91 0 117
Mangrove Alt 9 3 30 0 2 34
997


b. Orlando Airport A wetland resource permit
was issued to the Greater Orlando Aviation
Authority to conduct expansion work at the
Orlando Airport including construction of
the fourth runway and mid-field development.
This permit will also incorporate work
issued under a previous permit (East
Terminal Complex) and include a mitigation
plan for all of the proposed work. The
mitigation plan includes wetland creation,
enhancement and preservation of wetlands
south of the airport.

c. Wastewater Treatment Plant (Dade County) A
wetland resource permit was issued to the
Dade County Water and Sewer Authority to
fill in one acre of mangroves to expand the
North Wastewater Treatment Plant. As
mitigation, the County will restore three
acres of previously filled mangroves and
preserve 22 acres of mangroves north of the
plant.


D-l






QUARTERLY STATUS REPORT, DECEMBER 1990
WATER MANAGEMENT (CONTINUED)



d. Marina (Broward County) A wetland resource
permit was issued to Port Property
Associates to construct a 300 slip marina on
the Dania Cut-Off canal.

e. Vero Beach Indian River Boulevard (Indian
River County) Following completion of an
administrative hearing, a wetland resource
permit was issued to Indian River County to
construct an extension of Indian River
Boulevard. The project involves filling 15
acres of wetland, and as mitigation,
restoring a 90 ac. mosquito impoundment by
reconnecting the wetland to the Indian River
and removing exotic vegetation.

f. Biscayne Bay MacArthur Causeway (Dade
County) A wetland resource permit was
issued to widen MacArthur Causeway to widen
lanes and add shoulders to improve the
safety of the roadway. The project required
the filling of some seagrass. As
mitigation, mangrove wetlands will be
created in Oleta River State Park. In
addition, the project will improve the
treatment of stormwater that discharges from
the causeway to Biscayne Bay.

g. Apalachicola River An Intent to Issue a
permit was sent to the U.S. Army Corps of
Engineers (COE) for maintenance dredging of
the Apalachicola River in north Florida for
five years. A previous application from the
COE for a 25-year duration permit was
denied.

h. Orlando Beltway (Seminole County) An
Intent to Issue a wetland resource and MSSW
permit was sent to the Seminole County
Expressway Authority to construct 18 miles
of the Orlando Beltway in Seminole County.
The project involves the fill of 1430 ac. of
isolated and contiguous wetlands, and as
mitigation, wetland purchase, restoration
and preservation along Lake Jessup.


D-2








QUARTERLY STATUS REPORT, DECEMBER 1990
WATER MANAGEMENT (CONTINUED)



i. Everglades Nutrient Removal Project An
Intent to Issue a wetland resource permit
was sent to the South Florida Water
Management District to construct levees and
canals as a preliminary phase to the
Everglades Nutrient Removal Project, located
northwest of Conservation Area 1 in Palm
Beach County. This project is included in
the Everglades SWIM Plan. Additional
wetland resource permits will be required
before the plan can be implemented.

j. Kissimmee River A wetland resource permit
was issued to the South Florida Water
Management District for the restoration of
Ice Cream Slough on the Kissimmee River.

k. Disney (Orlando) The Department issued an
Intent to Deny a wetland resource permit to
Walt Disney World Company to fill forested
wetlands for construction of a parking lot
expansion. The reason for the intended
denial was that the application included an
inadequate mitigation plan. Subsequently,
the mitigation plan was revised, determined
to be appropriate, and an Intent to Issue
for this project has been issued.

1. Midnight Pass (Sarasota County) An admini-
strative hearing was held on the Depart-
ment's decision to deny a permit to dredge
Midnight Pass between Little Sarasota Bay
and the Gulf of Mexico. A recommended order
should be coming from the hearing officer.

m. Bayou Texar Trestle (Escambia County) The
CSX Railroad is expected to dredge the
trestle at Bayou Texar in mid-December. The
work, authorized through a Restoration
Order, involves removal of ballast rock
along the length of the trestle down to a
depth of ten feet. This may improve mixing,
although substantial improvements in bayou
water quality is not expected.


D-3






QUARTERLY STATUS REPORT, DECEMBER 1990
WATER MANAGEMENT (CONTINUED)



n. Stormwater Stormwater permitting activity
in the Northwest District remains relatively
high despite apparent slowdowns in various
economic indicators. In October, the
Pensacola office conducted 51 permit
reviews; this was the second time this year
the District exceeded 50 reviews/month (54
reviews in April).

B. Permitting Related Items

1. Activities and Accomplishments During the Past
90 Days.

a. Water Program Administrator's Meetings Two
Water Program Administrators meetings were
held including representatives from all DER
district and Tallahassee offices. Issues
discussed at the first meeting included
consistency review of the Department of
Transportation projects, preparation of the
legislative report on mitigation, and an
overview of the ongoing Rule 17-40, F.A.C.,
revisions. The second meeting focused on
evaluating and formulating current and
future work plans for the newly created
surface water sections in the district
offices.

b. Florida/COE Meeting Secretary Twachtmann
and Division staff attended the quarterly
State of Florida/Corps of Engineers meeting
in San Destin. A major topic of concern to
the Corps is the current Department rule-
making which would require that engineer
certified drawings be submitted as part of
wetland resource applications for COE
projects.


D-4


r








QUARTERLY STATUS REPORT, DECEMBER 1990
WATER MANAGEMENT (CONTINUED)



c. Mitigation Projects Division and district
staff conducted in-depth field inspections
of permitted mitigation sites as part of a
report on the success of mitigation required
to be submitted to the legislature pursuant
to the requirements of the 1990
Transportation Bill.

d. Orlando Beltway The St. Johns River and
South Florida Water Management Districts
submitted proposed mitigation plans to the
Department for construction of the Eastern
Beltway of the Orlando Beltway pursuant to
the 1990 Transportation Bill. As required
by the bill, the Department reviewed the
plans and has requested that additional
information be submitted in order to
determine if the plans can be conceptually
approved.

e. SCS Farm Pond Wetlands Workshop On
November 28, several Bureau and District
staff members attended a workshop in
Marianna along with about 50 people from SCS
and Water Management Districts to discuss
permitting issues regarding farm ponds,
wetlands, and the agricultural exemption.

2. Activities and Goals for the Next 90 Days.

a. Mitigation Report A report on the success
of wetland mitigation will be submitted to
the legislature by January 15, pursuant to
the requirements of the 1990 Transportation
Bill.

b. Wetlands Expert Systems The Division of
Water Management and the Florida Center for
Public Management should substantially
complete the development of an "Expert
System" to be used as a training and
decision making tool for wetland resource
permitting.


D-5







QUARTERLY STATUS REPORT, DECEMBER 1990
WATER MANAGEMENT (CONTINUED)



c. Permitting Short Course Bureau of Wetland
Resource staff will serve as faculty for the
Chamber of Commerce Environmental Permitting
Short Course in January.

d. Orlando Beltway The Department should
provide conceptual approval of a mitigation
plan for construction of the Eastern Beltway
of the Orlando Beltway pursuant to the 1990
Transportation Bill.


II. MAJOR ENVIRONMENTAL ISSUES

A. Water Management District Programs

1. Activities and Accomplishments During the Past
90 Days.

a. Water '90 Miami, Global to Local
Partnerships The 15th Annual Conference on
Water Management was held October 31 through
November 2 at the Omni-International Hotel
in Miami. This was the first year the
conference was held outside of Tallahassee
and more local governments attended.

b. Water Management Rulemaking The Department
has been assisting the St. Johns and
Southwest Water Management Districts with
technical and policy information concerning
changes to their stormwater treatment rules.

2. Activities and Goals for the Next 90 Days.

a. State Water Policy Phase three will be
distributed to the Water Management
Districts and a workshop scheduled. Phase
four will be drafted to address natural
systems management.


D-6








QUARTERLY STATUS REPORT, DECEMBER 1990
WATER MANAGEMENT (CONTINUED)



B. Environmental Protection Agency

1. Activities and Accomplishments During the Past
90 Days.

a. National Estuary Program Both the Tampa
Bay and Indian River Lagoon Policy Committee
hired Program Directors.

b. Gulf of Mexico Program The Gulf of Mexico
Program held a symposium entitle America's
Sea A National Resource at Risk, December
2-5 in New Orleans. The symposium
highlighted activities of the five Gulf
states and the participating federal
agencies trying to work together to protect
the environmental and economic status of the
Gulf. In addition to participating the
Department also had a display.

c. NPDES Permits for Stormwater Systems EPA
has issued the final regulations for NPDES
permits for large and medium municipal
stormwater systems. The Department met with
representatives of EPA to clarify which
areas of Florida will be required to apply
and how the federal system can best
accomplish water quality improvements in
Florida waters.

d. Wetland Program The Acting Director
attended a meeting with EPA Region IV and
the State Wetland Program directors from the
region. In addition to the status of the
wetland program in each state, topics of
discussion included "No Net Loss",
assumption of the 401 certification, the 404
program, methods for wetland delineation and
possible changes to the federal methodology,
and wetlands mitigation.


D-7







QUARTERLY STATUS REPORT, DECEMBER 1990
WATER MANAGEMENT (CONTINUED)



C. Stormwater Issues

1. Activities and Accomplishments During the Past
90 Days.

a. Stormwater Demonstration Grants Contracts
were completed for five additional grants.
The proposed grant to Tavares has been
dropped, due to inadequate planning and the
state budget restrictions.

b. Clean Water Act Grants EPA requirements
for granting of implementation funds for
nonpoint source management were reviewed
with the states and a grant application
prepared. Use of funds for priority Florida
projects is not assured.

c. Stormwater Ouality Short Course The
Florida Engineering Society and the
Department jointly sponsored a stormwater
quality short course for engineers in
Orlando October 11 and 12.

D. Acid Rain

1. Activities and Accomplishments During the Past
90 Days.

a. Florida Acidic Deposition Conference This
conference was convened to discuss the
future direction and needs for Florida.
Many organizations and agencies assisted as
co-sponsors and it was held October 22-24
in Tampa.


D-8


I








QUARTERLY STATUS REPORT, DECEMBER 1990
WATER MANAGEMENT (CONTINUED)



E. Coastal Issues

1. Activities and Accomplishments During the Past
90 Days.

a. Coastal Zone Management Program The
contracts for this years' grant have been
finalized. Negotiations continued on
descriptions for three new positions in
various agencies to complete the contracting
conditions. The Interagency Management
Committee met on November 29. The
semi-annual report to the Governor and
Cabinet was submitted. The Coastal Zone
Management Act was reauthorized by Congress
and meetings were attended to develop an
approach to meeting the new requirements of
the Act.

b. Navigating the Nineties Conference The
conference is held every three years to
provide a public forum to discuss the
results of contract work and agency issues.
It was September 26-28 in Clearwater,
Florida.

F. Water Quality Issues

1. Activities and Accomplishments During the Past
90 Days.

a. Water Quality Standards The ERC adopted
revised criteria for priority pollutants at
the December meeting. Rule challenges are
pending from the pulp and paper association,
the Florida Phosphate Council, the Florida
Chemical Industry Council and the Florida
Electrical Coordinating Group.


D-9






QUARTERLY STATUS REPORT, DECEMBER 1990
WATER MANAGEMENT (CONTINUED)



b. Jumping Gully Creek Classification (Hamilton
County) The ERC classified Jumping Gully
Creek as a Class III waterbody in accord-
ance with the Suwannee River Task Force
recommendations and the Governor's Executive
Order. Nekoosa Packaging has filed a rule
challenge maintaining that the action was a
reclassification, and that more stringent
demonstrations required under the rule had
not been made.

c. Outstanding Florida Waters The ERC
designated Kingsley Lake (Putnam County) as
an OFW, effective in October. A workshop
was held on designating the Tomoka River
(Volusia County) and Spruce Creek watershed
(Volusia County) as OFW's.

d. Water Quality Assessment Report The 1990
Water Quality Assessment for Florida, also
known as the 305(b) Report was finalized and
submitted to EPA and an extensive mailing
list. This is a summary assessment of the
status of water quality in the states'
ground and surface waters and the
effectiveness of the pollution control
programs.

2. Activities and Goals for the Next 90 Days.

a. Water Quality Standards -. A hearing before
the ERC on dioxin criterion is scheduled for
February. Unless additional recommendations
are forthcoming from HRS, the Department
will recommend the EPA criteria
recommendation.

b. Reclassification Petitions (Manatee County)
The ERC will determine the disposition of
a petition to reclassify tributaries to Lake
Evers as Class I waters in February.


D-10








QUARTERLY STATUS REPORT, DECEMBER 1990
WATER MANAGEMENT (CONTINUED)



c. OFW Petitions (Collier County) The
Department will hold a rule workshop for the
Rookery Bay Aquatic Preserve expansion
petition.

G. Mercury

1. Activities and Accomplishments During the Past
90 Days.

a. Mercury Task Force A scope of study has
been developed for contracting additional
mercury investigations and discussions held
with representatives of the electric
generating companies about possible
supplemental studies or cost-sharing. A
support person has been hired.


III. OTHER ISSUES AND ACTIVItIES

A. Intergovernmental Coordination

1. Activities and Accomplishments During the Past
90 Days.

a. Reallocation of Water Use The Department
participated in an interagency and
interstate negotiation to settle the lawsuit
challenging the re-allocation of water use
in the Apalachicola, Chattahoochee, and
Flint River Systems.

b. Enforcement Staff met monthly with
representatives of the Florida Game and
Fresh Water Fish Commission environmental
enforcement staff and arranged a joint
enforcement seminar at Wakulla Springs to
improve joint enforcement efforts. Staff
have developed an assessment of last years
joint efforts and a Memorandum of
Understanding to improve future
coordination.


D-11






QUARTERLY STATUS REPORT, DECEMBER 1990
WATER MANAGEMENT (CONTINUED)



c. Delegation of Dredge and Fill Authority -
Staff continued discussions concerning
delegation of dredge and fill regulatory
authority with representatives of Palm Beach
and Dade County and amendment of the
delegation agreement with St. Johns River
Water Management District.

d. New CARL Projects The Department's
Technical Review Committee on CARL
considered and evaluated 11 proposed new
CARL projects. Once rated, proposed new
CARL projects were placed within the
appropriate DER category lists of current
CARL projects. A total of 93 CARL projects
including the 11 newly approved projects
were assigned priorities by the Land
Acquisition Advisory Council. Of this
number, only the top 60 projects are placed
on the active 'CARL priority list to be
submitted to the Governor and Cabinet for
approval.

e. Presentation of EIS and Permit Application
Staff made a presentation to the
Florida/Alabama Habitat Panel of the Gulf
Fisheries Management Council concerning
DER's review of the Gulf Intercoastal Water
Way EIS and permit application.

B. SWIM Plan Review

1. Activities and Accomplishments During the Past
90 Days.

a. SWIM Priority List Revisions None, see
Appendix B, page G-10 for priority status of
SWIM programs.


D-12








QUARTERLY STATUS REPORT, DECEMBER 1990
WATER MANAGEMENT (CONTINUED)



b. SWIM Plan Approvals The Department
approved the Lake Jackson SWIM Plan. Draft
SWIM Plans were reviewed for the Winter
Haven Chain-of-Lakes (SWFWMD) and Deerpoint
Lake (NWFWMD). The Everglades SWIM Plan was
found to be partially inconsistent with the
State Comprehensive Plan and State Water
Policy, and the Governing Board of SFWMD was
advised of necessary changes.

c. Other Additional SWIM activities included:

0 review of resolutions requesting release
of trust funds;

o contract and technical project reviews
and technical assistance; and,

o a SWIM administrators meeting held in
conjunction ',with the Water Management
Conference.

2. Activities and Goals for the Next 90 Days.

a. Priority Lists Revisions None anticipated.

b. Plan Approvals The Deerpoint Lake (Bay
County) Plan is scheduled for resubmittal in
January. The Everglades SWIM Plan comments
will be discussed by the SFWMD at their
January meeting, and it is anticipated that
the Plan will be referred to the Governor
and Cabinet over some or all of the issues.

c, Other A SWIM administrators meeting is
scheduled for January.
















D-13






QUARTERLY STATUS REPORT, DECEMBER 1990
WATER MANAGEMENT (CONTINUED)



C. Rulemakinq

1. Activities and Accomplishments During the Past
90 Days.

a. Application Forms A new wetland resource
application form and a new general permit
applicaiton form were adopted.

b. Mangrove Protection Rule (Chapter 17-321,
F.A.C.) The Department has been working
extensively with the Department of Natural
Resources (DNR) to revise the rule to
eliminate differences between the rule and
the DNR policy for trimming mangroves in
aquatic preserves. Both agencies have also
been working on a mechanism to reduce the
existing regulatory overlap for mangrove
trimming activities.

c. River Dredging (Chapter 17-312, F.A.C.) A
revision will be adopted in December to
clarify new statutory language limiting
permits for maintenance dredging in river
channels to five years.

d. General Permit A new general permit for
limited sediment removal associated with the
removal of cattails for aquatic weed control
purposes will be adopted in December.

e. State Water Policy (Chapter 17-40, F.A.C.) -
The second phase revisions were adopted and
become effective in January. These address
Stormwater Goals and Objectives, and create
an institutional framework for devising
watershed specific goals for correcting
stormwater problems.

f. Delegation of Department Program (Chapter
17-103, F.A.C.) The Department initiated
the rule amendment process relating to the
delegation of department programs and
updated the Department's local program
matrix.


D-14








QUARTERLY STATUS REPORT, DECEMBER 1990
WATER MANAGEMENT (CONTINUED)



2. Activities and Goals for the Next 90 Days.

a. Mangrove Protection Rule (Chapter 17-321,
F.A.C.) Revisions to the Mangrove
Protection Rule will be brought before the
ERC for adoption in January. The revisions
should eliminate or revise difficult and
unworkable provisions of the rule, as well
as eliminate differences between the rule
and the DNR policy for mangrove trimming in
Aquatic Preserves.

b. Fee Schedule A revised fee schedule for
wetland resource permits and Jurisdictional
Evaluation Statements should be adopted.


D-15






























































LEGAL ISSUE


1














LEGAL ISSUES


I. ENFORCEMENT

A. Waste Management

1. Activities and Accomplishments During the Past
90 Days.


a. DER versus Abner Aunt and Harmon White (Polk
County) This case involves a tire dump at
which approximately four million tires have
been disposed. DER has sued the property
owner. When the property owner was unable
to comply with an earlier court order to
clean up the site, DER secured permission
from the court to'perform the work itself.
In the next six months the site should be
stabilized in a way which will minimize the
danger of a catastrophic fire.

b. DER versus Gil Air Aircraft Painting
(Broward County) This case involves
illegal disposal of hazardous waste to the
ground and improper management of hazardous
waste at an aircraft painting facility in
the Fort Lauderdale Executive Airport. The
case was scheduled for trial in December
1990. The defendant agreed to settle the
case and will perform a groundwater
contamination assessment and clean-up and
will pay civil penalties of $17,500.00.

c. DER versus Davco. et al. (Broward County) -
This case involves hazardous waste
contamination of soils and groundwater
resulting from the defendant's operation of
a facility which manufactured and
electroplated printed circuit boards. The
site is on the National Priority Sites list.
The trial judge recently denied the
defendant's motion to dismiss the individual
corporate officers from the case.


E-l






QUARTERLY STATUS REPORT, DECEMBER 1990
LZGAL ZSSUES (CONTINUED)



d. DER versus Sea Con and College Properties of
Southwest Florida. Inc. (Collier County) -
The property owner is in the process of
complying with Judge Blackwell's final order
of July 17, 1990, which required the cleanup
of illegally disposed solid waste and the
payment of penalties.

e. DER versus Alexandro Rodriguez and Safe
Harbor EnterDrises. Inc. (Monroe County)'-
DER settled this ease involving unpermitted
and unauthorized management of solid waste
by Rodriguez on property owned by Safe
Harbor. Defendants have agreed to improve
several specific waste management practices
involving automobile fluids and lead-acid
batteries; to remove mounds of previously
buried solid waste within two years; to
implement preliminary contamination
assessment actions and remedial actions if
soil or groundwater contamination is found;
and to pay DEA's costs.

f. DER versus U.S. Sugar (Collier County) DER
entered into a consent order wherein U.S.
Sugar agreed to construct or install
improvements in areas where waste oil is
used or stored. The company has also agreed
to pay $21,900.00 to the DER fund earmarked
for the replacement of the City of Moore
Haven's water well field.

g. DER versus KPC Southern Industries. Inc.
(Palm Beach County) DER filed a 17 count
complaint alleging violations of hazardous
waste management regulations by an
electroplating company.

h. DER versus Flagler County (Flagler County) -
In this circuit court action seeking closure
of Flagler's unpermitted, unlined Central
Landfill, DER and the county reached a
settlement agreement regarding a timetable
for closing their unpermitted landfill, as
well as Flagler's agreement to spend$300,000
in in-kind expenditures to benefit


E-2


r








QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL ISSUES (CONTINUED)



the environment. The judge approved the
settlement and entered a judgment ordering
the parties to comply with the agreement.
Early indications are, however, that the
county is already violating the terms of the
agreement, so DER will go back to court to
seek enforcement of the judgment if the
county does not voluntary comply.

i. DER versus Environmental Research (Wakulla
County) In this case involving a waste
tire processing site which was in violation
of its permit conditions, authorization to
begin enforcement in circuit court was given
by the Secretary. At that point, the
operator/permittee agreed to immediately
bring the operation into compliance and pay
a $40,000 penalty.

j. DER versus Columbia County (Columbia County)
Columbia County submitted a proposed
consent final judgment after a mediation in
this case was completed. The consent final
judgment did not comply with the conceptual
agreement reached by the parties. It has
therefore been rejected.

k. DER versus Aero-Dri (Palm Beach County) -
DER has made arrangements with a private
contractor to complete the contamination
assessment concerning hazardous wastes in
the soil and groundwater at the Aero-Dri
site.

1. DER versus ChemAirSpray (Palm Beach County)
The mediation previously scheduled for
November, 1990, to resolve the soil and
groundwater contamination problems resulting
from the discharge of pesticides has been
delayed on the motion of various defendant
insurers.

m. DER versus Nassau County (Nassau County) A
hearing on DER's motion for summary judgment
and for injunctive relief requiring Nassau
County to cease accepting waste at its West
Nassau Landfill was heard on December 17,
1990.


E-3







QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL ISSUES (CONTINUED)



n. DER versus Southeast Landfill. Inc. (Alachua
County) DER has commenced an action
against Southeast Landfill, Inc., and its
owners because of the illegal operation of
this landfill.

2. Activities and Goals for the Next 90 Days.

a. DER versus PIE Nationwide. Inc. (Orange
County) DER is seeking civil penalties for
violations of petroleum storage tank rules
at a truck terminal facility in Orlando and
petroleum cleanup at various sites around
the state found to be ineligible for the EDI
program. Relief has been sought in a
pending bankruptcy case.

b. DER versus D'Eljici (Palm Beach County) -
This case involves hazardous waste
contamination of groundwater resulting from
illegal disposal of dry cleaning fluids by
the owners and operators of a dry cleaning
shop. The case is currently scheduled for
trial in February but may be continued for a
short period pending the results of a
contamination assessment report. The trial
judge has already granted summary judgment
in favor of DER as to one defendant's
liability for completion of a contamination
assessment and clean-up program.

c. DER versus Crest Products. Inc. (Pinellas
County) This case involves the illegal
disposal of hazardous wastes at a household
chemical manufacturing facility in Oldsmar.
The facility mixes chemicals to make such
household products as toilet bowl cleaners,
tub and tile cleaners, rust removers, bath-
room disinfectants and deodorizers, moth-
balls, and sachets. For years, hazardous
wastes generated in the process of mixing
chemicals has been simply dumped onto the
ground or discharged into a septic tank and
drainfield. As a result of these activi-
ties, the groundwater beneath the facility
has become contaminated. DER will be filing


E-4








QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL ISSUES (CONTINUED)



suit seeking an injunction to require that
the facility follow the regulations for
closure of hazardous waste disposal sites.
DER will also be seeking civil penalties,
damages, and recovery of state costs and
expenses.

d. DER versus Howard Vroom and Norman and Rose
Roberts (Polk County) This case involves
the obstruction of, and interference with,
an ongoing DER hazardous waste clean-up
program. Since 1989, DER has been engaged
in the assessment and clean-up of hazardous
waste contamination of groundwater at the
Vroom and Roberts' properties. Although the
property owners were initially cooperative
in allowing the clean-up activities, they
have .recently denied access to the
properties to allow DER to continue the
clean-up. DER will'be filing suit to enjoin
the owners from interfering in the ongoing
clean-up activities.

e. DER versus National Resource Recovery, Ltd.
(Broward County) DER intends to enter into
a mutually agreeable consent order to
resolve violations of general permit
conditions, disposal of solid waste in water
bodies, and other solid waste operating
violations, or take judicial enforcement
action.

f. DER versus Resource Recovery of Dade County
(Dade County) DER plans to enter into a
mutually agreeable consent order to resolve
violations of a consent final judgment,
including failure to timely construct an
enclosed containment structure with leachate
collection, failure to routinely clean and
maintain equipment, and failure to control
objectionable odors.

g. DER versus Madison County (Madison County) -
DER will finalize a consent final judgment
resolving the solid waste violations
concerning the operation of the county's
landfill.


E-5






QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL ISSUES (CONTINUED)



h. DER versus Nassau County (Nassau County) -
DER will await the court's decision on DER's
motion for summary judgment and for
injunctive relief concerning landfill
operation violations. In addition, DER will
seek to join Western Waste Industries, the
operator of the landfill as a party to this
action and to set this case for trial.

i. DER versus Columbia County (Columbia County)
DER will either finalize this settlement
or proceed with the litigation in this case
involving landfill operation violations at
the county's landfill. Deposition of the
various witnesses will commence during the
next 90 days.

j. DER versus Aero-Dri (Palm Beach County) -
Approval of DER's private contractors work
plan should be received and work commenced
at the groundwater contamination site during
the next 90 days.

k. DER versus ChemAirSprav (Palm Beach County)
Judge Rodgers has ordered that attorneys
for all parties meet to discuss financing
the bench scale studies and field pilot
studies at the ChemAirSpray site. This
meeting will occur in January, 1991.

1. DER versus Southeast Landfill. Inc. (Alachua
County) If a settlement of this case is
not reached, DER will seek temporary
injunctive relief in this case within the
next 90 days.

B. Air Resources Management

1. Activities and Accomplishments During the Past
90 Days.

a. DER versus Austill (Duval County) DER is
seeking over $2 million dollars in
stipulated penalties and attorney fees under
a stipulated consent judgment. The case has
been before the Jacksonville Circuit Court


E-6








QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL ISSUES (CONTINUED)


since November 6f 1989. Austill failed to
conduct testing for volatile organic
compounds emitted from its printing facility
in Jacksonville, as stipulated. In a
hearing in November, the judge promised that
he would have a decision out by the end of
1990.

b. DER versus Container Corporation of America
(Nassau County) DER is awaiting the trial
date in this case concerning numerous air
emissions violations at CCA's papermill.
DER has completed preparation of a motion
for partial summary judgment. Because of
schedule conflicts, depositions of CCA's key
employees have not yet occurred. DER has
also solicited proposals for expert witness
services and for review of CCA's operations.

2. Activities and Goals for the Next 90 Days.

a. DER versus Harley Boats (Polk County) This
case involves a boat manufacturer in Bartow
which uses resins and volatile chemicals
which caused serious odor problems in the
neighborhood. DER filed suit and. settled
the case with a consent final judgment which
required Harley Boats to cease using resins
and odorous chemicals until it obtained a
permit from DER. Evidence from the
neighbors indicates the company is not
living up to its obligations under the
judgment and it is likely that DER will move
for contempt in the next 90 days.

b. DER versus Fowler, et al. (Volusia County) -
DER filed a complaint seeking a judgment
awarding significant civil penalties for
asbestos violations involving a hotel in
Daytona Beach.

c. DER versus Econolodge (Volusia County) DER
instituted an action in April of 1990 in the
Volusia County Circuit Court for injunctive
relief and civil penalties for asbestos
violations at the Econolodge Beachfront on


E-7






QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL ISSUES (CONTINUED)


Daytona Beach. Violations occurred during a
renovation project and include no notice,
failure to keep the materials adequately
wet, and improper disposal and visible
emissions. Discovery is proceeding and a
status conference will occur in January.

d. DER versus Container Corporation of America
(CCA) (Nassau County) DER instituted an
action in June of 1989 in the Nassau County
Circuit Court for injunctive relief and
civil penalties for violations at CCA's
paper mill. Violations include permit
conditions and burning tires without a
permit. A motion for partial summary
judgment on the tire burning counts is being
prepared. Arrangements are being made to
hire an expert witness. A trial date has
been requested and discovery continues.

C. Water Facilities

1. Activities and Accomplishments During the Past
90 Days.

a. DER versus Kay Ransome (Okeechobee County) -
This case involved violations of the Safe
drinking Water -Act by a small water
supplier. The case was scheduled for trial
in October on the issue of civil penalties.
The defendant agreed to settle prior to
trial and will pay $6,000.00 in penalties
and costs to DER.

b. DER versus Rochester Resorts. Inc.. d/b/a
Tween Waters Inn and Antonino Lapi (Lee
County) DER has filed a complaint for
injunctive relief and civil penalties in the
above matter. The defendants operate a
wastewater treatment plant at Tween Waters
Inn on Captiva Island. DER has repeatedly
required defendants to pump and truck raw
sewage from the wastewater treatment plant.
Instead defendants have allowed raw sewage
to overflow onto the ground and adjacent
property on several occasions.


E-8








QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL ISSUES (CONTINUED)



c. DER versus La Peninsula (Collier County) -
DER has issued a notice of violation to the
developer of the La Peninsula Condominium
for improper discharges of treated
wastewater. The developer is the subject of
a foreclosure action by his lender in
federal court, and the lender has been taken
over by the Resolution Trust Corporation
(RTC). A receiver is currently managing the
developer's assets, including the wastewater
treatment plant. Condominium unit owners
and the RTC have agreed to hire an engineer
to determine the cause of drainfield
leaching.

d. DER versus Sand Dollar Villas (St. Lucie
County) A package plant serving Sand
Dollar Shores and Dunewalk on Hutchinson
Island has been abandoned by the
Intercontinental Bank, which took title to
the plant in a foreclosure action. DER is
working with St. Lucie County to develop a
plan to bring operations into compliance.

e. DER versus Dean Development and Canoe Creek
Property Owners Association (Martin County)
DER has filed a complaint requesting that
the Circuit Court of Martin County declare
who is responsible for the proper operation
of a public water system serving the Canoe
Creek Subdivision. The developer and the
property owners each claim the other is
responsible.

f. DER versus St. George Island Utilities Co.
(Franklin County) DER filed suit in
circuit court to compel compliance with a
consent order requiring the up-grading of a
community public drinking water system
serving approximately 3,000 persons.

g. DER versus Kaszyk (Monroe County) DER has
filed a petition for enforcement and for
injunctive relief seeking to compel Mrs.
Kaszyk to cease her discharges of improperly
treated sewage effluent into Boca Chica Bay,


E-9


I






QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL ISSUES (CONTINUED)


which is an Outstanding Florida Water. The
petition also seeks to compel her to.upgrade
her sewage treatment plant in accordance
with two consent orders signed by her. PER
is also seeking civil penalties in
connection with this case.

2. Activities and Goals for the Next 90 Days.

a. DER versus Labossiere Enterprises. Inc.
(Palm Beach County) This case involved
violations of the Safe Drinking Water Act by
the owner of a water system serving the
residents of a mobile home park. The trial
judge awarded DER $33,600.00 in civil
penalties. The defendant appealed the trial
judge's decision. The main point raised on
appeal is the defendant's.claim that the
"DER Settlement Guidelines For Civil
Penalties" should be admissible at trial to
establish the appropriate amount of penalty
to be imposed by the court. DER's position
is that the purpose of settlement guidelines
is to assist the agency in making an
objective determination on settlement of the
penalty issue before going to trial. If
defendants are permitted to use this
settlement policy to limit their potential
liability, then they will have no incentive
to settle a case before trial. DER will be
asserting this position in its appeal brief.

b. DER versus Rochester Resorts. Inc. d/b/a
Tween Waters Inn and Antonino Lapi (Lee
County) DER will pursue the circuit court
action seeking a temporary injunction to
correct the conditions at the Tween Waters
Inn sewage treatment plant.

c. DER versus St. Johns Riverside Estates, Inc.
and Steiner (Putnam County) DER will move
for summary judgment against the former
owners of a small sewage treatment plant
that operated out of compliance with
regulations from 1982 until 1986, when it
was sold and then abandoned to Putnam
County.








QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL ISSUES (CONTINUED)



d. DER versus J & J Utility Co. and J. Stockton
Bryan (St. Lucie County) DER will go to
trial in a case against the owner of a
package plant on Hutchinson Island. Issues
include penalties for violation of effluent
treatment and disposal standards and
injunctive relief to require proper
operation by the defendants. The plant is
currently being operated by St. Lucie County
as a receiver after the defendants and
several interrelated corporations abandoned
the plant. The defendants claim St. Lucie
County owes $2,000 per month rent for the
land underlying the plants.

e. DER versus Kaszvk (Monroe County) DER
plans to seek temporary injunctive relief
requiring an immediate cessation of
discharges in the Boca Chica Bay. DER will
also commence discovery within the next 90
days.

D. Water Management

1. Activities and Accomplishments During the Past
90 Days.

a. DER Versus Josiah Weaver (Pinellas County) -
This case involves a fill violation in St.
Joseph's Sound. Mr. Weaver was caught twice
before filling in the Sound and each time he
removed the fill and promised to fill no
more. This time he refused to remove the
fill and DER was forced to sue him. The
case is scheduled for a jury trial in March,
1991. A recent attempt at mediation failed
to resolve the case.

b. Vatalaro versus DER (Orange County) DER
obtained a summary judgment dismissing a
taking claim brought regarding a denial of a
dredge and fill permit application. The
order also clarified, that when DER's
counterclaim for violations of Chapter 403,
Florida Statutes, is eventually held, the
issue of jurisdiction will be established
for purposes of the case due to the fact
that this issue was litigated
administratively.


E-1


1






QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL ISSUES (CONTINUED)



c. DER versus Robert Troutman (Lee County) -
This case involves extensive damage to
mangrove wetlands. Over 200 acres of
wetlands were damaged and mangroves
destroyed as a result of the defendant's
land clearing activities. In 1988, the
trial judge entered a final judgment
requiring that the defendant implement a
large scale restoration program to mitigate
the damage to this important wetlands
system. The judgment allowed two years to
complete the requirements of the restoration
plan. Although the defendant did perform
about half of the restoration requirements,
he has refused to complete the plan.
Therefore, DER has filed a motion for
contempt seeking sanctions against the
defendant to force him to comply with the
restoration plan.

d. DER versus Cavetano Alphonso and Sunland
Estates. Ing. (Monroe County) After DER's
final order was affirmed on appeal, a
petition for enforcement was filed. The
circuit judge has set a trial date of
February 4, 1991. This case involves dredge
and fill violations on property located
within John Pennekamp Coral Reef State Park.

e. DER versus Woskob (Palm Beach County) DER
filed suit against property owners for
dredging and filling approximately six acres
of cypress wetlands without a permit.

f. DER versus Welch (Alachua County) DER and
the defendant have reached a mediated
agreement whereby the defendant will
relocate two bulkheads installed without a
permit in Lake Santa Fe, and remove
associated backfill. Stipulated penalties
are included for failure to timely comply.

g. DER versus John Bond (Broward County) DER
obtained a $50,000.00 judgment against the
defendant for failure to comply with a
previously entered final judgment concerning
dredging and filling violations.


E-12








QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL ISSUES (CONTINUED)



h. DER versus Jerry Paulev Marine Construction
(Palm Beach County) DER moved for a
default judgment against the defendant in a
petition for enforcement of a final order.
The defendant, a corporation which has been
sold and subsequently filed a petition in
bankruptcy, dredged and filled in the
Intracoastal Waterway.

i. DER versus Associated Minerals (Clay County)
Two 1990 turbidity violations are under
negotiation for consent orders. If they
cannot be resolved, it may be necessary to
pursue formal enforcement action in
administrative proceedings, or in court.

j. DER versus Tomlinson (Dixie County) The
settlement was approved by the judge, and
the defendant has paid his penalty, but the
required wetland restoration work was done
in an entirely unsatisfactory manner,
contrary -to the spirit and wording of the
settlement agreement. It may be necessary
to ask the judge to rule on the question and
enforce the settlement.

k. DER versus MCC of Florida (Monroe County) -
DER is awaiting a decision from the federal
judge in this dredge and fill matter. A
decision has been pending since July, 1990.

1. DER versus Jim Wilcox. Jr. (St. Johns
County) DER has filed a complaint for
injunctive relief seeking to compel Mr.
Wilcox to construct two mitigation areas in
accordance with dredge and fill permits
issued to him. DER is also seeking
injunctive relief.

2. Activities and Goals for the Next 90 Days.

a. DER versus Forest Hills Utilities (Pasco
County) This case involves a sewage
treatment plant in Holiday. The plant has
been drastically modified without a permit
and, in 1989, DER discovered that an illegal
discharge pipe had been installed in the
berm of the plant's percolation pond. DER
sued Forest Hills Utilities and it owner,
Robert Dreher. The case will be set for
trial in the next 90 days.


E-13






QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL ISSUES (CONTINUED)



b. DER versus Kings Point Utility. Inc.
(Osceola County) DER will complete the
trial and obtain judgment requiring the
malfunctioning water and sewer system to
come back into compliance.

c. Vatalaro versus DER (Orange County) DER
may obtain an opinion on appeal filed by the
violator contesting the trial court's entry
of summary judgment dismissing a taking
concerning wetlands.

d. DER versus Troutman (Lee County) DER will
be seeking an expedited hearing date on its
motion for contempt resulting from the
defendant's failure to complete ordered
restoration of mangroves in Lee County.

e. DER versus Carmelita Gossard (Monroe County)
DER will seek a permanent injunction in
this case on,January 3, 1991, in a circuit
court hearing in Key West. The case
concerns construction of a radio transmitter
tower in the vicinity of an active bald
eagle nesting area on Cudjoe Key in Monroe
County.

f. DER versus Leon Hillsarove (St. Lucie
County) DER will go to trial against a
construction contractor who dredged and
filled within the landward extent of the
North Fork of the St. Lucie River without a
permit. The property owner previously
settled in a consent order.

g. DER versus Wilcox (Alachua County) -
A hearing on DER's motion for temporary
injunctive relief to stop unpermitted dredge
and fill activity is set for January 25,
1991. Discovery will also commence during
the next 90 days.


E-14











QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL ISSUES (CONTINUED)



II. PERMITTING

A. Waste Management

1. Activities and Accomplishments in the Last 90
Days.

a. Jason Harvey versus Trans Pac, Inc. and DER
(Escambia County) The final order in this
case was issued October 19, 1990. It upheld
the Hearing Officer's recommended order
recommending dismissal of Jason Harvey's
petition challenging DER's proposed issuance
of an air construction permit for a
hazardous waste treatment facility.

b. Hamilton County et al. versus TSI Southeast,
Inc. and DER DER's final order upholding
issuance of a permit for a proposed medical
waste incinerator'in Hamilton County is on
appeal. Initial briefs have been filed and
answer briefs will be filed this quarter.
Reply briefs will be filed next quarter.

2. Activities and Goals for the Next 90 Days.

a. McCormick et al. versus City of Jacksonville
and DER This case involves a proposed
permit to construct a landfill in
southeastern Duval County. All three of the
permits involved have been appealed. Briefs
have been filed. One of the permits, the
management and storage of surface water
permit has also been appealed to the
Governor and Cabinet. The hearing before
the Governor and Cabinet has been reset for
January.

B. Air Resource Management

1. Activities and Accomplishments in the Past 90
Days.

a. Hardee Power Station (Hardee County) The
Hardee Power Station is a 660 megawatt gas
fired power plant and three associated 230
kV transmission lines in Hardee County near
Wauchula. On October 15, 1990, the Hearing


E-15






QUARTERLY TATUS REPORT, DPCMBER 1990
9ZG"M ISSUES (CONTIPBP)


Officer issued an order recomAending
certification. Of November 27, 1990, the
Siting Board entered its final order
certifying the facility.

b. Cedar Bay Cogeneration Project (Duval
County) Applied Energy Services has
proposed to locate an electrical
cogeneration facility in Duval County. The
case was previously remanded to the Hearing
Officer to cons ider seve.aL issue. On
December-5, 1990, the Hearing Officer issued
a Supplemental ecqpnded Or-der in which he
recommended certification of the project
subject to conditions. The Siting Board
will consider the recopwended order on
January 10, 1991. DER has recommended
certification of the project.

c. Lauderdale Repowering Project (Broward
County) Qn November 21, 1990, the Hearing
Officer submitted an order recommending that
certification be granted for the location,
construction and operation of this project.
The Siting Board is scheduled to consider
the recommendation on January 10, 1991.

d. Martin Coal Gasification and Combined Cycle
Project (Martin County) An administrative
hearing was held on the project on November
5, 1990. The parties submitted a joint
proposed recommended order on December 7,
1990.

2. Activities and Goals for the next 90 days.

a. Power Plant and Transmission Line Siting
Cases Continued development on Cedar Bay
(Duval County), Lauderdale (Broward County)
and Martin Coal (Martin County) is expected
as indicated in the discussions above.


E-16








QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL ISSUES (CONTINUED)



C. Water Facilities

1. Activities and Accomplishments in the Past 90
Days.

a. Florida Audubon Society versus John D.
Remington and DER (Collier County) This
case concerns a permit to construct a
wastewater treatment facility on Keywaydin
Island in Collier County. The dismissal of
the petition for hearing is on appeal.
Briefs have been filed.

2. Activities and Goals for the Next 90 Days.

a. Sandhills Improvement District versus City
of Lynn Haven and DER This case is a
challenge to DER's intent to issues a permit
to expand and upgrade the sewage treatment
plant for the City of Lynn Haven. The
permit includes a dredge and fill permit to
cross waters of the state with the
collection lines. The case is expected to
go to hearing in the next quarter.

D. Water Management

1. Activities and Accomplishments in the Past 90
Days.

a. The Conservancy, Inc. et al. versus Collier
Development Corp. and DER (Collier County) -
Petitioners have challenged DER's proposed
issuance of a permit to construct a large
marina and associated other activities. The
recommended order was remanded to the
Hearing Officer to answer specific questions
concerning issues not adequately addressed
in the recommended order. The amended
recommended order is expected in the next
quarter. The final order will be due 45
days from the date the new recommended order
is issued.


E-17






QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL I8SUS (CONTINUED)



b. Florida Audubon Society et al. versus
William R. Cullen and DER (Monroe County) -
Petitioners challenged DER's intent to grant
a permit for a marina project in the Florida
Keys. The hearing officer found that
violations of water quality standards would
occur. DER's final order upheld the
recommendation that the permit be denied on
this basis. The applicant has appealed the
denial. Briefs should be filed in the next
quarter.

2. Activities and Goals for the next 90 Days.

a. Permit Challenges Continued activity on
the Collier Development Corp. (Collier
County) and Cullen (Monroe County) cases is
expected as indicated in the discussions
above.

III. PROGRAMS

A. Waste Management

1. Activities and Accomplishments for the Past 90
Days.

a. Escambia County versus Trans Pac and DER
(Beulah) A final order was entered which
authorized permit issuance for the Trans Pac
hazardous waste treatment and storage
facility in Beulah, Florida. An appeal to
the First District Court of Appeal is
pending.

b. Handy Food Stores. Inc. versus DER (LeBelle)
This case concerned the issue of gross
negligence in the maintenance of a petroleum
storage system. The hearing officer found
that Handy Food Stores had received
monitoring well records which disclosed
evidence of a discharge. The records were
misplaced internally and, as a result, the
discharge was not reported. The hearing
officer found the failure to timely report,
and the resulting failure to control and


E-18








QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL ISSUES (CONTINUED)



abate the discharge, constituted gross
negligence in the maintenance of a petroleum
storage system thus requiring ineligibility
for the reimbursement program. That order
has been appealed.

c. Miller versus DER (Jacksonville) This case
construed the eligibility requirements of
the Florida Petroleum Liability Insurance
and Restoration Program (FPLIRP). The
applicant, after approximately five years of
noncompliance, removed the tank from the
ground in Jacksonville, Florida. No other
element of compliance was ever met. The
applicant then claimed that since the tank
was removed, that the facility was "in
compliance" with DER rules. The final order
held that in order to be eligible for the
FPLIRP, a site had to exhibit some history
of having maintained.compliance. The final
order has been appealed to the First
District Court of Appeal.

d. Rinker Southeastern Materials, Inc. versus
DER (Miami) Rinker's facility posted an
EDI Program application to DER on January 3,
1989, but claimed to have placed it in their
internal mail system on December 31, 1988.
The EDI Program required that applications
be "submitted" to DER by December 31, 1988.
The hearing officer found that placing the
application in the internal mail was
sufficient, however, DER disagreed and held
that the application was untimely filed.
The Final Order has been appealed to the
Third District Court of Appeal.

e. Rule 17-730 Amendments DER has filed a
notice of rulemaking for adoption of the
federal Toxicity Characteristics (TC) Rule.
The rule incorporates TC standards for
additional organic compounds and will likely
result in a greater number of regulated
facilities. Due to the potential impact of
the rule on petroleum cleanup sites, the
Director of the Division of Waste Management
has recommended that the notice be
withdrawn.


E-19






QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL ISSUES (CONTINUED)



f. Rule 17-736 The rule which requires that
Warning signs be placed at hazardous waste
contamination sites, in accordance with 1990
legislation, was filed with the Secretary of
State on November 19, 1990, and will be
affective on December 19, 1990.

g. Underground Storage Tanks Rule. ChaRter
17-761 The ERC passed the Underground
Storage Tanks Rule in June 1990. Since the
rule contains standards more stringent than
federal law, it went before the Governor and
Cabinet on September 25, 1990, where it
passed without modification. The rule
challenges were withdrawn and the rule was
filed on November 20, 1990. It became
effective on December 10, 1990.

h. Aboveground Storage Tanks Rule. Chapter
17-762 The ERC passed the Aboveground
Storage Tanks Rule in December 1990. The
rule updates the existing aboveground tanks
rule and adds standards for coastal bulk
terminals. The rule will be filed in
January 1991.

i. Abandoned Storage Tanks Rule. Chapter 17-769
These amendments to the Florida Petroleum
Liability Insurance and Restoration Program
Rule provide criteria for implementing the
abandoned tank program, created by the 1990
legislature, and update the existing rule.
No hearing was requested as a result of the
notice of rulemaking and the rule will be
filed in January, 1991.

j. Soil Burning Rule. Chapter 17-775 Proposed
Rule 17-775 constitutes a general permit
procedure for thermal treatment facilities
and sets standards for treatment of
contaminated soils. The rule was filed on
November 10, 1990, and became effective on
December 10, 1990.

k. Bid Protest DER issued a Request for
Statement of Qualifications (RFSOQ) to seek
qualified vendors for stabilization
operations at illegal waste tire sites in


E-20








QUARTERLY STATUS REPORT, DECEMBER 1990
LEGAL ISSUES (CONTINUED)



Florida. DER received 19 responses to the
RFSOQ, and, on Dec. 4, 1990, posted notice
that three companies had been selected as
the most qualified respondents. Two
companies which were not selected have filed
protests, which will probably result in an
administrative hearing sometime in January.

2. Activities and Goals for the Next 90 Days.

a. Hazardous Waste, Chapter 17-730 There will
be a general update of Rule 17-730 to
incorporate the 1989 version of the Code of
Federal Regulations and Federal Register
notices up to July 1, 1990.

b. Underground Storage Tanks, Chapter 17-761 -
The Governor and Cabinet, at the time they
approved Chapter 17-761, instructed DER to
review the schedule for upgrading tanks with
a view to shortening the dates. The first
workshops are tentatively scheduled for late
January 1991.

c. Mineral Acid Tanks Rule, Chapter 17-767 -
DER will set standards for mineral acid
tanks authorized by 1990 legislation.
Technical advisory committee meetings have
been held and will continue during the next
90 days.

d. Noncompliance Fees Rule. Chapter 17-XXX -
DER will set criteria for assessing
noncompliance fees for minor violations of
the storage tank regulations.

e. Warning signs. Chapter 17-736 The JAPC has
objected to two of the rule exemptions. DER
will propose to the RRC to eliminate those
exemptions.

f. Aboveground Storage Tanks Rule. Chapter
17-762 The rule will be filed in January
1991.

g. Abandoned Storage Tanks Rule. Chapter 17-769
The rule will be filed in January 1991.


E-21


F'7_




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