Subject:
Title
Third Amended Consent Order between the County Utilities South Cross Bayou Advanced Water Reclamation Facility and the Florida Department of Environmental Protection.
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Recommended Action:
Recommended Action
Approval of the Third Amended Consent Order between the County Utilities South Cross Bayou Advanced Water Reclamation Facility (AWRF) and the Florida Department of Environmental Protection (FDEP).
• Original Consent order executed on May 4, 2018.
• First Amended Consent Order included interim values for disinfection by-products.
• Second Amended Consent Order included uncapped stipulated penalties for sanitary sewer overflows.
• Third Amended Consent Order includes interim values for total nitrogen and extends the compliance deadline to December 31, 2028.
• FDEP has requested signed Third Amendment Consent Order by August 15, 2025.
• The administrative processing fee of $250.00 will be funded by the Sewer Revenue and Operating fund.
FDEP OGC File No.18-0112; $250.00 for costs and expenses incurred during the investigation of this matter with FDEP; Consent Order is extended December 31, 2028.
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Strategic Priorities:
Practice Superior Environmental Stewardship
3.3 Protect and improve the quality of our water, air, and other natural resources
Deliver First Class Services to the Public and Our Customers
5.3 Ensure effective and efficient delivery of county services and support
Summary:
Summary
The Florida Department of Environmental Protection has issued a Third Amendment to Long Form Consent Order OGC-18-0112-2 to the South Cross Bayou Advanced Water Reclamation Facility, which defines interim limits for total Nitrogen and extends the current Consent Order to December 31, 2028. The Second Amendment included interim limits for dichlorobromomethane and dibromochloromethane. These limits and date extension offer regulatory relief while a new disinfection system can be constructed. The existing UV system was rendered inoperable after a high flow event in August of 2019.
The FDEP began assessing stipulated penalties for disinfection byproduct noncompliance since the execution of the second amendment. Violation of the terms of the Second Amendment to the Consent Order are subject to penalties up to $10,000.00 daily per violation, and criminal penalties. Therefore, the Third Amended Consent Order is necessary to extend the timeframe for County’s compliances.
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Background Information:
The Florida Department of Environmental Protection issued Long Form Consent Order OGC-18-0112 to the South Cross Bayou Advanced Water Reclamation Facility and the William E. Dunn Water Reclamation Facility in February of 2018. The original Consent Order was executed on May 4, 2018. The Consent Order was related to sanitary sewer overflows during Hurricane Irma. The First Amendment, OGC-18-0112, was executed on May 20, 2019, which included an interim limit for dichlorobromomethane for the South Cross Bayou AWRF.
The County is required to publish a one-time notice of Third Amended Consent Order in a daily newspaper within fourteen (14) days of the effective date. The County must also provide a certified copy of the published notice to the FDEP within ten (10) days of publication. Utilities Department staff will work with Marketing and Communications Department staff on publication of the Notice.
Fiscal Impact:
Upon execution of the Third Amendment, the Utilities Department will pay the Department of Environmental Protection $250.00 for costs and expenses incurred during the investigation of this matter. The amount will be funded by the Sanitary Sewer Operating fund.
Staff Member Responsible:
Jeremy Waugh, Utilities, Director
Partners:
FDEP
Attachments:
Third Amendment
Project Location Map