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