HAZARDOUS MATERIALS CONTAINMENT (5.0)
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Hazardous Materials Management
Environmental Engineering
Planning ~
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November 5, 1987
NOV q 1987
PLANI'~il u L1L~T.
-
Mr Carmen Annunziato
City Planner
City of Boynton Beach
120 N E 2nd Avenue
Boynton Beach, Florida 33435
RE Guidelines for the Preparation of Tenant
Hazardous Materials Contamination Response Plans
for Quantum Park (1025 02)
Dear Mr Annunziato
On behalf of Quantum Associates, we are herewith
transmitting one (1) copy of Version 5 0 of the above referenced
Guidelines for Quantum Park This document incorporates the
comments previously provided by reviewing agencies If you have
any questions, please call me at 305/622-9030 or Steve Deutsch at
305/564-5114
Sincerely,
RESOURCE ENGINEERING AND PLANNING, INC
~
~~
Mary Merle Howard, AICP
President
MMH/dlh
Enclosure
cc Mr. Steven W Deutsch, Esq
REPllnc. . 3920 ReA Boulevard . Palm Beach Gardens, Florida 33410 . 11'305622.9030
GUIDELINES FOR THE
PREPARATION OF TENANT
HAZARDOUS MATERIALS
CONTAMINATION
RESPONSE PLANS
QUANTUM PARK
Prepared by:
Resource Engineering and Planning, Inc.
Palm Beach Gardens, Florida
Prepared for:
QuantUJR Associates
Fort Lauderdale, Florida
version 5.0
September 21, 1987
versions 1.0-4.0
Prepared by:
Law EnvirolDl8ntal Services
Marietta, Georqia
.
SECTION 1.0
SECTION 2.0
SECTION 3 0
SECTION 4.0
SECTION 5 0
SECTION 6 0
SECTION 7.0
SECTION 8.0
TABLE OF CONTENTS
INTRODUCTION
GUIDELINES FOR THE STORAGE
OF CHEMICALS AND HAZARDOUS
MATERIALS
GUIDELINES FOR STATIONARY TANKS
GUIDELINES AND REQUIREMENTS FOR
REPORTING ACCIDENTAL
RELEASES OF HAZARDOUS
MATERIALS
EMERGENCY RESPONSE TEAM
COORDINATION WITH THE LOCAL
HAZARDOUS MATERIAL
CONTROL UNIT
GUIDELINES FOR EMERGENCY
GROUNDWATER MONITORING IN
THE EVENT OF AN ACCIDENTAL
RELEASE OF HAZARDOUS
MATERIALS
GUIDELINES FOR THE DESIGN OF
SURFACE WATER MANAGEMENT
AND SPILL CONTAINMENT
STRUCTURES AND FACILITIES
GUIDELINES FOR THE DEMONSTRATION
OF FINANCIAL RESPONSIBILITY
2
Paqe
1
4
6
7
8
9
11
15
APPBIIDJ:X A - FJ:GORES
..
Figure 1 - Master Site Development Plan
Figure 2 -
Figure 3 - Typical Type II Monitoring Well
Construction Design
Figure 4 - A Typical Plant Site Surface
Water Control and Chemical
Spill Containment and
Separation system.
Figure 5 - A Typical Plant Site Surface
Water Control and Chemical
Spill containment and
Separation System
Figure 6 - A Typical Plant Site's Runway
and Process Area Using a
Sump Collection system
Figure 7 - A Typical Plant Site's Runway
and Process Area using a
oil/Water separator system
Figure 8 - Oil/Water Separator
Figure 9 - Oil/Water Separator with
Petro-pak
APPENDIX B - CITY OF BOYNTON BEACH ORDINANCE
NO. 84-51 WITH EXHIBITS
APPENDIX C - QUANTUM PARK GROUNDWATER MONITORING
PLAN
GUIDBLIIfBS FOR TBB PREPARATION OP
TERAR'J.' HAZARDOUS MATERIALS CON'rAJIIHATJ:OH RESPONSE ,IMS
QUAN'l'OK PARK
Each owner of property in Quantum Park shall comply with all
federal, state, and local statues, ordinances, rules, and
regulations. In addition, this document sets forth guidelines
for the preparation of tenant hazardous materials contamination
response plans which are required by state and local agencies.
I. J:H'l'RODUCTIOH
Quantum Park is a 539.9-acre development between Fort Lauderdale
and West Palm Beach, Florida. The park is situated north and
south of N.W. 22nd Avenue in Boynton Beach, Florida, adjacent to
Interstate 95 (see Figure 1). The park is bounded on the east by
1-95 and the CSX Railroad, on the south by Canal C-16, on the
west by Canal E-4, and on the north by undeveloped property. It
is anticipated that the primary uses of the development will be
30.4 acres commercial, 133.1 acres office, and 197.6 acres light
industrial. The remainder will include a sand pine preserve,
city park, and road rights-of-way.
For the purpose of this document, administrator of the
"Guidelines for the preparation of the Tenant Hazardous Materials
contamination Response Plan" shall be the Quantum Park Property
Owner's Association, Inc., a not-for-profit corporation. A
tenant shall be defined as an owner or leasee within Quantum
Park. An owner shall be defined as the record owner or owners of
the fee simple title of a platted lot within Quantum Park. A
leasee shall be defined as any person or persons who lease a
portion of a platted lot or any improvement thereon.
1
Prior to occupancy, each owner or leasee that uses, handles,
stores, displays, or generates hazardous waste defined'in 40 CFR
Park 261 (7-1-85), or hazardous materials or regulated chemicals,
shall meet the requirements of condition 16 of ordinance 84-51 of
the "Ordinance of the City of Boynton Beach, Florida, approving a
comprehensive development of regional impact (DRI) for a proposed
industrial office park comprising of approximately 539 acres
located in the city of Boynton Beach, Florida, pursuant to
chapter 380, Florida statues 1984, SUbject to special conditions,
designating the city manager of Boynton Beach as the local
official responsible for assuring compliance with the
development order", (Appendix B).
The regulated substances described in 40 CFR Part 261 shall also
include all waste materials which exceed the limits for
ignitability, corrosivity, reactivity, or EP toxicity as outlined
in 40 CFR Park 261.20, 21, 22, 23 and 24. In addition, the
following materials and uses shall be prohibited:
1. Dioxin and dioxin-containing materials.
2. Materials or substances containing PCB's.
3. Semi-conductor manufacturing facilities.
4. wafer/chip manufacturing facilities.
5. Underground storage tanks for hazardous waste or
hazardous materials (Except those facilities which
receive, store or use petroleum products or those
products exempted in 17-61.04 of the Florida
Admionistrative Code).
6 Surface impoundments.
7 Landfilling or burial of waste materials.
This document provides guidance for the preparation of Tenant
Hazardous Materials Response Plans as required by city ordinance
84-51. The application for a hazardous waste facility permit
must be completed by all persons who own or operate, or who
2
intend to construct or close, a hazardous treatment, storage, or
disposal facility as identified in section 17-30,. Florida
Administrative Code (FAC), unless exempted in accordance with
section 17-30.27, FAC. No regulated material shall be used,
stored, handled, or manufactured for any purpose within 60 days
of the date that the Tenant Hazardous Materials Response Plan and
the necessary permits have been filed with and approved by the
appropriate regulatory agencies.
This document does not relieve the owners and leasees of the
normal reporting, manifesting, and regulatory procedures required
by federal, state, or local agencies in the handling, storage,
inventory, and reporting procedures for hazardous wastes.
Application for a hazardous waste facility permit, per form 17-
1. 2 07 (3), must be completed in accordance with the requirements
of section 17-30 of the FAC. The owner or leasee shall also
prepare a Safety Plan and a contingency Plan as outlined in 40
CFR Parts 264.51 and 264.56. These plans should identify local
hospitals, poison centers, and other emergency facilities.
This document provides an overview to assist owners and leasees
in identifying potential problem areas that might be encountered
in early planning stages and provides the methodology for
reporting of hazardous material leaks or spills, assessment
programs, and demonstration of financial responsibility. This
document does not attempt to address all the details outlined in
the Federal Register for hazardous waste storage, treatment, and
disposal facilities.
This document provides guidance for the following items which, as
required by Ordinance 84-51, should be incorporated into each
Tenant Hazardous Materials contamination Response Plan .
Guidelines for the storage of chemicals and hazardous
materials
3
Guidelines for stationary tanks.
Guidelines and requirements for reporting of accidental
releases of hazardous materials.
Emergency response team coordination with the local
hazardous material control unit.
specifications, guidelines, and requirements for
emergency groundwater monitoring in the event of an
accidental release of hazardous waste.
Guidelines for the design of surface water management
and spill containment structures and facilities.
Guidelines for the demonstration of financial
responsibility.
2.0 GUIDELINES POR THE STORAGE OF CHEMICALS AND HAZARDOUS
MATERIALS
The guidelines for the storage of chemicals or hazardous
materials identified in this section are in addition to the
requirements specified in the Florida Administrative Code, the
Code of Federal Regulations, and appropriate National Fire
Association Standards. It is the responsibility of the owner or
leasee to design and construct chemical storage facilities which
meet or exceed the requirements specified by applicable agencies
or groups. No regulated chemicals or hazardous substances shall
be stored, used, or manufactured at the tenants facility within
60 days of the date that authorization has been granted by the
appropriate regulatory agencies.
The chemical or hazardous material areas shall be isolated from
pedestrian and vehicular traffic by a physical barrier such as a
wall or fence. Access points to the areas shall be locked to
restrain unauthorized admission. Signs shall be posted to
identify all chemicals or hazardous materials stored at the
facility. In addition, "Danger-Keep Out" and "Unauthorized
4
Persons - Keep Out" signs shall be conspicuously posted.
The chemical or hazardous material storage areas shall be
contained by totally surrounding each area with berms or curbs.
The height of the curbing shall be determined by calculating the
volume of the head space contained within the berms or curbs and
shall be equal to 150% of the maximum storage capacity of the
tanks and drums plus 6 inches of free board. The floor system
shall be sloped to drain to a designated sump for each storage
area. The floor and sump shall be lined with low conductivity
materials such as High Density polyethylene Sheet, or a suitable
chemically resistent expoxy paint, in a similar manner to that
shown in Figure 2. The storage area shall be covered and the
storage area and sump isolated from runoff.
Potentially reactive chemicals shall be stored in separate
storage areas. Chemical storage practices shall follow the
principles of segregation, isolation, and protection specified by
the National Fire Protection Association. In no case shall
strong oxidizing chemicals be stored with potentially combustible
materials or flammable liquids In storage areas containing more
than one type of chemical, each chemical or waste material shall
be identified on a clearly visible area of the storage tank. The
area Shall be marked to identify the most severe health,
flammability, or reactivity hazard present. The storage tanks or
containment facilities shall be specifically designed and
certified for the chemicals or hazardous materials which they
contain.
Any hazardous material or chemical spilled or used to clear the
chemical containment system shall be collected and drummed from
the sump and recycled or disposed at a licensed hazardous waste
facility The design of the containment system is the
responsibility of the owner. The schematic shown on Figure 2
represents one possible alternative. The Surface Water
5
Hanage.ent Permit .ay require individual owners to install
groundwater monitoring wells concurrent with development of
individual parcels.
3.0 GUIDBLDmS FOR STATIONARY TAHKS
Owners or leasees who plan to install underground storage tanks
to receive, store, or use petroleum products shall comply with
Chapters 17-61 of the Florida Administrative Code and any
additional state of Florida regulations. The tanks shall be
designed to prevent releases due to corrosion or structural
failure for the operation life of the tank. The tanks shall be
cathodically protected against corrosion or constructed of non-
corrosive material or shall be designed to prevent the release of
stored substances. The tank material or lining shall be
compatible with the substances being stored.
At least 10 days prior to tank installation the owner shall
register the tank with the Florida Department of Environmental
Regulation (FDER) using the Federal/state storage Notification
Form (17-1.21B(5)) and any other forms required under federal or
state regulations. This form provides details regarding the
size, location, depth, and construction of underground storage
tanks. All underground tanks shall be designed and constructed
to prevent discharge of the tank contents to the land,
groundwater, or surface water. Acceptable tank constructions
include cathodically protected steel, glass fiber-reinforced
plastic, steel clad with fiber-reinforced plastic, or an
equivalent material approved by the FDER.
The tanks shall be equipped with a strike plate beneath the fill
pipe and gage opening. A leak detection and spill monitoring
system shall be installed at the time of tank installation. This
monitoring system will consist of one of the following:
6
1. A continuous leak detection system between the walls of
a double-walled tank; or
2. A single monitoring well inside a double-lined
containment barrier; or
3. A continually operating leak detection system inside a
double-lined containment barrer; or
4. A network of 4 monitoring wells placed on the
excavation around the tank as described in 17-61.05 of
the Florida Administrative Code; or,
5. An alternative detection system approved in advance by
the FDER.
4.0 GUIDELINES AND REQUIREMENTS FOR REPORTING ACCIDENTAL
RELEASES OF HAZARDOUS MATERIALS
After each owner or leasee has met the requirements of the state
and federal regulations and the city ordinance 84-51 regarding
storage and handling of hazardous waste, the owner shall contact
the fire department and police department to make arrangements
for a preplan emergency response meeting. The phone number of
the Boynton Beach Fire Department is 734-8111, Ext. 451.
Prior to the preplan meeting, the owner shall have completed
material data safety sheets (MSDS), as required by OSHA, on all
chemicals which may be stored on site. Copies of the MSDS shall
be provided to the fire department. Additional copies shall
remain in the plant for the employees to read.
The owner or leasee shall contact the fire department and police
department and arrange for a site visit to:
1. Review the MSDS.
2. Quantify total chemicals and storage area facilities.
3. Assess sprinkler systems and fire-fighting equipment.
7
4. Evaluate site logistics and general operating
procedures. '
5. Meet with the assigned emergency coordinators.
6. Designate the Plant Emergency coordinator(s).
7. Discuss emergency evacuation procedures.
The purpose of this meeting is to provide the fire department
available information necessary to respond promptly in an
emergency.
5.0 EMERGENCY RESPONSE TEAM COORDINATION WITH THE LOCAL
HAZARDOUS MATERIAL CONTROL UNITS
In the event of a sudden release of hazardous materials the
following procedures shall be followed:
o Call the Boynton Beach Fire Department and police
Department at 911:
Give the plant's name and location
state whether emergency is:
First Aid
Fire
Hazardous Waste Release
o Call the Plant Emergency Coordinator(s) to be on-site
to assist the fire department. (If not at the plant
site. )
o Call the Palm Beach County Division of Emergency
Management at (904) 488-1320 and report the accident
using a Reporting Form for Emergency Events or equal.
o Call the Palm Beach County Health Department at (904)
820-3000 and report the incident.
8
o Call the National Response Center number at 1-800-424-
8802 and report the accident using a Reporting Form for
Emergency Events.
o Assist in the removal of all non-essential personnel
from the area. Coordinate remedial activities with the
Boynton Beach Fire Department Hazardous Waste Response
Team.
o Contact the groundwater monitoring team to install
wells (if necessary) and to assess the impact of the
release on local surface water and groundwater quality.
6.0 GUIDELINES FOR EMERGENCY GROUNDWATER MONITORING IN THE
EVENT OF AN ACCIDENTAL RELEASE OF HAZARDOUS MATERIALS
In accordance with ordinance 84-51, Quantum Park has prepared an
early warning monitoring plan for hazardous materials which has
been approved by the South Florida Water Management District
(SFWMD). This plan, which is attached as Appendix C, identifies
the groundwater monitoring strategy at Quantum Park. This
strategy consists of plan development, monitoring design and
construction, baseline sampling and analysis, and ongoing
sampling and analysis.
Prior to site development, monitoring wells will be placed at
nine locations within the industrial sections of Quantum Park.
Sampling of these wells will confirm baseline conditions on the
site and will provide for on-going surveillance of groundwater
conditions. However, accidental releases of hazardous materials
will require additional activities which are to be incorporated
into the Tenant Hazardous Materials Contamination Response Plan.
First of all, following the release of hazardous materials, the
9
owner or leasee shall comply with all federal, state, and local
regulatory requirements governing groundwater monitorinq. In the
event of an accidental release of hazardous materials in the
storage area, the hazardous materials collected in the chemical
spill sump will be removed and recycled or disposed. FOllowing
removal of the hazardous material from the sump, the chemical
spill sump and containment area shall be cleaned to remove
hazardous materials to acceptable levels for safe operation. The
leak detection layer shall be monitored following the spill to
assess if leakage penetrated the double liner system. If
constituents of the spill are present in the detection layer and
a hydraulic head sufficient to cause flow through the liner are
detected following the spill, monitoring wells shall be
installed as discussed subsequently. No additional groundwater
monitoring is required if there is no flow through the double
liner system, unless required by the Surface Water Management
Permit.
In the event of an accidental release of hazardous materials to
the surface water sump which drains the runway, parking areas and
loading dock, the required level of remedial action will depend
upon the design option. If a double liner and leak detection
layer are installed under the runway then the spill area and sump
shall be pumped dry and cleaned to acceptable levels. The clean-
up levels shall be approved by the appropriate federal, state,
and local regulatory agencies. No groundwater monitoring will be
required if a double liner system is used and the spill is
contained within the area draining to the surface water sump
unless more than deminimus leakage is detected in the leak
detecion layer, or unless required by the Surface Water
Management permit.
If a double liner system is not installed, then within seven (7)
days of the spill, a minimum of 4 groundwater monitoring wells,
screened from the water table to a depth at least 10 feet below
10
the water table, shall be installed at or near the perimeter of
the containment area. Figure 3 shows a typical well cOAstruction
detail. One moni torinq well shall be installed up-qradient of
the spill and three (3) wells downqradient of the spill. The
wells shall be monitored monthly for a period of 12 months for
the specific hazardous constituents which were spilled and which
were used in the clean-up effort. If, after 12 months, the
constituents are not detected in the qroundwater samples obtained
form the monitorinq wells, samplinq will be terminated. At that
time, the monitorinq wells may be closed by fillinq the riser
pipe with a cement bentonite qrout mixture to the top.
In the event that a spill occurs in an area which does not drain
to a surface water sump, or if an overflow condition causes
hazardous materials to overflow the containment area, immediate
action may be required to intercept potentially contaminated
surface water and prevent it from entering the surface water
retention basins. One surface water sample shall be obtained for
every 200 lineal feet of contaminated ditch or runoff area. One
additional monitoring well (total of 5) shall be installed
immediately downgradient of the affected area. Clean-up of the
affected area shall be to the levels prescribed and approved by
the federal, state, and local regulatory agencies.
7.0 GUIDELDmS FOR IJ.'IIE DESIGN OF SURFACE WATER IlANAGEIlENTAHD
SPILL CONTAINMENT STRUCTURES AND FACILITIES
The owner or leasee shall comply with all rules and regulations
from the federal, state, and local agencies governing the design
of surface water management and spill containment structures.
All drawings and plans must be submitted and approved by the
appropriate agencies prior to construction.
Surface water discharge containment and hazardous chemical
11
containment shall be addressed in the design of the facilities.
The surface water runoff from the runway, parking areas, and
loading dock at the plant site shall be contained, collected, and
treated using an oil/water separator system to remove any
floating substances such as oil or gasoline. The collection
system may be gravity controlled or collected or pumped. In the
event a pump system is used, the water or fluid level in the sump
shall be maintained at a pumped-down level so that the sumps
always have adequate capacity to completely contain and store
liquids from spills and clean-up efforts.
The rules and regulations for construction of surface water
containment system and hazardous waste containment systems shall
be researched and combined with the needs of each specific
facility's requirements. The components of the containment
system shall resist chemical degradation which could result from
exposure to the chemicals used at the owner's facility
Figures 4 and 5 are two general examples of a typical layout
showing surface containment control and hazardous waste control.
These figures are examples only and are not represented as being
appropriate for any particular parcel. Figure 4 shows a surface
water control system which collects the runoff from the runway,
parking area, and loading dock in a small collection sump which
is then pumped into a central collection sump and transfer
system. Because of facility layout, there may be more than one
collection sump feeding a central collection sump Surface water
runoff is then fed into an oil/water separator system. The
treated water is discharged to the surface water management
system. Any material collected is drummed and sent either to a
hazardous landfill or recycled in the plant
Figure 5 shows a simpler arrangement using an oil/water separator
for both the collection and treatment of surface water runoff
The surface water runoff is directed by gravity flow into the
12
below grade oil/water separator. The treated water is discharged
by gravity into the surface water management system. The oil is
skimmed from the top and collected in drums for disposal. The
system suggested in Figure 5 has a lower capital equipment cost
but may require additional planning and site grading.
Figure 6 shows a surface water control area with a secondary
containment system and a collection sump which pumps to the
central collection sump. The transfer pump is controlled by a
level control probe immersed in the pit alongside the submersible
pump. The level indicator activates a switch which turns on the
pump. As the level of the liquid falls, the float switch
continues to fall with the liquid level until the lower set of
switches is activated Shutting off the pump. Secondary
containment may not be required in the surface water controlled
area, but is offered as an alternative.
Figure 7 shows the surface runoff control area using the
separator for both containment and treatment. This system is
gravity fed and discharged The system may require the use of a
pump if proper grades cannot be achieved.
The primary device used to treat surface water runoff from the
runway, parking areas and loading dock is the oil/water
separator. Figures 8 and 9 illustrate two different types of
oil/water separators. Figure 8 shows a McTighe standard
oil/water separator with a mechanical oil removal system. Figure
9 shows a McTighe separator with Petro-pak and a mechanical oil
removal system. There are many variations of these units
depending on the specific treatment objectives, volume flow rate,
regulations, and site logistics.
The oil/water separator should be designed for constant operation
and low maintenance. As oily influent flows into the separator,
oil and sludge area removed and clean effluent is discharged to
13
the surface water aanaqement system.
The oil/water separator consists of a stationary tank full of
water, having an inlet at one end directing the incoming oily
influent over a specially desiqned heavy corrugated plate, set at
a 33-degree angle. Initially, the flow is reversed and the
influent passes over the corrugated plate The corrugations
induces agitation causing the soils or lighter density substances
to break away. As the oil rises, it is joined by the other
droplets of oil which, due to their buoyancy, rise rapidly to the
surface. The rate at which the soils and other floating
industrial waste raise to the surface depends on the oil droplet
size. The larger the droplet, the faster the rate of rise and
separation. Sludge or heavy solids within the stream settle to
the bottom of the separator, collecting at the center sludge
baffle plate.
The second phase of separation begins as the influent is directed
between an inclined arrangement of corrugated parallel plates,
stacked upwardly, sloping at a 4S-degree angle and spaced 4
inches apart to prevent fouling by debris or gummy solids. It is
here where buoyancy forces cause smaller oil droplets to rise and
coalesce into sheets of oil on the underside of each of the
corrugated plates, creep up to the surface, and finally break
loose at the top in the form of large globules.
Clean water flows in a downward path to the outlet where
clarified water is permitted to escape from the lower regions as
the separated oil is withdrawn from the surface. The oil is
collected and drummed for recycling or disposal. The sludge is
collected and disposed at a licensed solid waste disposal
facility.
It is the responsibility of the owner or leasee to design or
provide documentation for approval of the surface water control
14
and hazardous waste containment systems.
The containment areas and oil/water separators shall only be
provided in the parking areas, truck runways, loading ramps and
docks, and chemical storage areas, where regulated chemicals or
hazardous materials are likely to be transported.
8.0 GUIDELINES FOR THE DEMONSTRATION OF FINANCIAL
RESPONSIBILITY
Each owner or leasee that handles, stores, uses, or generates
hazardous wastes shall demonstrate financial responsibility as
outlined in 40 CFR Part 264.140-150 No regulated chemicals,
hazardous materials, or hazardous wastes shall be handled,
stored, used, or generated within 60 days of approval of the
financial demonstration by the appropriate regulatory agencies.
It is the responsiblity of each owner or leasee to prepare the
financial demonstration and secure the approval of the
appropriate regulatory agencies. In addition to the requirements
of 40 CFR, each owner or leasee that handles, stores, uses, or
generates regulated chemials, hazardous materials, or hazardous
wastes shall contribute $20,000 to the Emergency Action (EA)
Response Fund. The fund shall be administered by the Quantum
Park Property Owners' Association, Inc., or its designate In
the event of a release of a regulated substance to the
environment requiring payment from the response fund, the owner
or leasee responsible for the release will, in addition to any or
all other costs for remedial action, reimburse the EA Response
Fund for the exact dollar amount expended from the fund.
In accordance with 40 CFR Section 264.142, the owner or leasee
shall prepare a cost estimate for closure and post-closure care
of the hazardous waste containment structure. The estimate must
15
be prepared in current dollars for the point in tille during the
operation of the structure when closure or remediatioR would be
most expensive, as stated in the closure plan (see CFR Part
264.112a)).
The owner or leasee shall adjust the closure and post-closure
cost estimates each year within 30 days of the anniversary of
the approval of the financial demonstration. The adjustment in
the cost estimates shall reflect inflation and changes in the
operation of the facility which make closure or post-closure more
less costly.
The owner or leasee shall establish financial assurance for
closure and post-closure care of the facility using one or more
of the following options:
1 . Trust fund.
2. Surety bond guaranteeing payment into the closure and
post-closure trust funds.
3. Surety bond guaranteeing performance of closure and
post-closure.
4. Closure and post-closure letter of credit.
5. Closure and post-closure insurance.
6. Financial test and corporate guarantee for closure and
post-closure.
The closure and post-closure plans and cost estimates shall be
prepared and certified by a registered professional engineer and
shall be approved by the EPA Regional Administrator and other
regulatory agencies. The basic requirements for the financial
assurance options are stated in 40 CFR Parts 264.143 and 145.
In addition, each owner or leasee that handles, stores, uses, or
generates regulated substances shall "demonstrate financial
responsibility for bodily injury and property damage to third
16
parties caused by sudden accidential occurrences arisinq from"
the operation of the facility (40 CFR Part 264.147). ,The owner
or leasee shall maintain liability coverage for sudden accidental
occurrences of at least $1,000,000 per occurrence with an annual
aggregate of $2,000,000 excluding legal defense costs. The
liability demonstration requirements are stated in 40 CFR Part
264.147.
17
"
Appendix A
Figures
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Appendix B
city of Boynton Beach Ordinance No. 84-51 with Exhibits
--------- -~------------~
J.
Cc tt! 'e
~
~#~~
I
ORDINANce tlQ g 1-.5/
ORDINANCE OF TilE CITY OF BOYNTON BEACfI, FLORIDA,
APPROVING ^ COMPREHENSIVE DEVELOPMENT OF
REGIONAL IMPACT (DRI) FOR A PROPOS~D INDUSTRIAL
OFFICE PARK COMPRISING OF APPROXIMATELY 539 ACRES
LOCATED IN TilE CITY OF 80YNTON BEACH, FLORIDA,
PURSUANT TO CHAPTER 380, FLORIDA STATUTES 1984,
SUBJECT TO SPECIAL CONDITIONS, DESIGNATING
THE CITY MANAGER OF BOYNTON BEACH AS THE
LOCAL OFFICIAL RESPONSIBLE FOR ASSURING COMPLIANCE
WITIl THE DEVELOPMENT OR.JER
WIIEREAS, RITECO DEVELOPMENT CORPORATION, a Florida
Corporation, has filed with the City of Boynton Beach an
Application for Development Approval of Comprehensive Development
of Regional Impact and
WHEREAS, th... p~oc.eding. relate to a propo.ed regional
industrial office and commercial park comprising approximately five
hundred thirty-nine and 9/10 (539 9) acres, located in the City of
Boynton Beach, Palm Beach County, Florida, generally east of
Congress Avenue end we~t of Interstate 1-95: and
WHEREAS, the City Council of Boynton Beach, as tile governing
body having juriSdiction, is authorized and empowered to consider
applicatipns for deve~opment approval ot developments of regional
impact pursuant to Chapter 380, Florida Statutes (1984): and
~lIIER~AS, upon puplication and furnishing of due notice, a
public hearing in th~~e proceedings was held October 23, 1984,
before the Planning and Zoning Board and November 8, 1984, before
".
the City Council of Boynton Beach: and
WHEREAS, said City Council has considered the testimony,
J
reports and other documentary evidence submitted at said public
hearing by Riteco Oevelopment Corporation, the Treasure Coast
Regional Planning Council, the Boynton Beach staff, the Boynton
Beach Planning and Zoning Board, ano the public: and
,
;-',
..
0-
WHEREAS, the City ot Boynton Beach and the applicant, Ritcco
Development Corpor_tion, a9ree that the proposed Development of
Reqioflal Impact, which is the subject of this Development Order,
will result in a substantial impact on the existin9 civic and
non-recreational facilities of the City of Boynton Beach In
recognition of such impact, Section 34 of the conditions for
approval have been included herein
"'I/ERE^S, said City Council, has considered all of the
foregoing
NO\i, TIIEREFORE, BE IT OnDA HIED by the Ci ty Council of Doynton
Beach, that said City Council makes the following findings of
fact
Section 1:
^ notice of pUblic hearing in these proceedings
wa. duly published in
The Post Extra, 9/6/04
.
a newspaper of
general airculation 'in West Palm Beach
, Florida pursuant to
Section 380 06, Florida Statutes, and proof of said publication has
been duly filed in these proceedings
,. ,
Section: 2
rUpon consideration of all matters prescribed in
\\
Section 380 06 of the Flori~a Statutes, it is determined that
.. 'Ii .. "The development is not located in an area of
""'._ .~ s . ..";., '}'
~~i~rcal ~tate conce~n
B' ~The develop~ent does not unreasonably interfere with
and ls no~ inc9psistent with the a~hievement and the objectives of
scate hni=\ d!i!velopmentplan
C The Qevelopment is consistent wi~h local land
~evelopmen.t,..,re~~lat.t.onB and ia. consi.sten~ Iolith -the report and
.n! r I'-~~'"'' 1 ,
...... ",recommendations pf .t:tu'r Tre..~re Coast RegionaL.. {)l.nning COl-lnCil on
..J f .... ~ 1. ro"
'r file in these proceedings "
Section 3
The City ~ouncil has concluded as a matter of
law that these proceedings have been duly conducted pursuant to the
pr~visions of Florida Statutes, Chapter 380, and, subject to the
special conditions hereinafter set fort~, RITEC9 DEVELOPMENT
-2-
CORPORATION i. entitled to the relief prayed and applied for in the
Application for nevelop.ent Approval (ADA)
Section 4 The Application for Development Approval of
Development of Regional Impact filed in these proceedings and the
additional material submitted to the Treasure Coast Regional
Plannin9 Council in the.e proceedings by RITECO DEVELOPMENT
CORPO~TION is hereby approved and the Development Order i. herein
granted for the property known as the Doynton Beach Park of
Commerce, more particularly described in Exhibit "A" attached
hereto and made a part hereof, subject to the fOllowing special
conditions with which the Developer accepts and agrees to comply
(1) The Boynton Beach Park of Commerce Application for
Development Approval i. incorporated herein by reference and rp.lied
upon by the partie. in discharging their .tatutory duties under
Chapter 380, Florida Statutes ~hstantial compliance with the
representations contained in the Application for Development
~proval is a condition for approval unless waived or modified by
agreement among the parties, as defined in Subsection 300 07(2),
-- -.
Florida Statutes
For the purposes of this condition, the Application for
Development Approval (ADA) ahall include the following items
(al Boynton Beach Park of Commerce ADA, submitted
Hay 21,1984;
(bl Boynton Deach Park of C9R1merce ADA Supplement,
submitted July 26, 1984;
(2) ~n the event the develooer fails to commence siqnificant
.:(
physical development' within three (3) years from the effect.ive date
.'
of the Development Orrl.r. d@v@loQment approval shall terminate and
the development shall be subject to further consideration pursuant
to Section 380 06, Florida Statutes.
Significant physical develop-
for any portion of the
~ent shall mA.n ~l~p nr.oAration work
project;.---
-3-
(3) Clearing of specific building sites shall not commence
prior to the phase in which the site is scheduled for development
(4) During land clearing and site preparation, wetting
operations or other soil treatment techniques appropriate for
controlling unconfined emissions shall be undertaken and imple-
mented by the developer to the satisfaction of the Palm Deach
County Health Department, Florida Department of Environmental
Regulation, and the City of Boynton Bp.ach
(5) In the event of discovery of any archaeological artifacts
during project construction, the developer shall stop construction
in that area and immediately ~otify the Bureau of Historic Sites
and Properties in the Florida Department of State
Proper
protection, to the satisfaction of the Dureau, shall be provided by
the dev"1bper
~":Y'
I
minimum at forty .( .O,)y a~rea of Sand pine Scrub canopy, understory
,\;,>,.
The develc;>p'er ,ahall pre.erve in viable condition a
(6 )
......
and groundcover vegetation.. Prior to ~ommencement of any clearing
,aetivities,1 the ~_eve~opers~all survey the site 1;0 det~rmine the
I -- .~1" ..
numbers and distrlb~tlon of any populations of .~~e Gopher Tortoise,
Florida Burrowing Owl~ Florida Gppher Frog, Flo~ida ~ouse, and
1Ii.":~{" I .
flor Ida Scrub Ll %ar~":wh ich occur SandPlne Scrub preserve area (s)
shall be of appropriate size, quality and arrangement to maintain
.~I."
all populations of, these species
developed which
^ preservation plan shall be
(a) identities and delineates the boundaries of Sand
pine Scrub habitat ~r.a. t~~. preserved;
~ ..
.. ,
(b) prQvi~.s ,tor the etfective relqsaJlon into preserve
..
, I
, I
I
area(s) at any populations at the specles of corcern listed above
which occur outside of the preRerve area(s) liml~sl and
(c) provides a rnanaqement program for the Sand Pine
Scrub preserve area(s) which will provide and maintain suitable
habitat for the speci.s of concern which exist or are reloca~ed
into the area!s)
-4-
The above plan shall be submitted to the City of Boynton
aeach, Florida Game and Freshwater Fish Commission, Department of
Natural Resources, and the Treasure Coast Regional Planning
Courtcil
No development shall occur until the plan has been
approved by all of the responsible agencies and the animals are
relocated in accordance with the approved plan
(7) Prior to clearing any scrub areas, the developer shall
provide sufficient notice to officials at Jonathan Dickinson State
Park so that they may make arrangements to obtain any plants which
would otherwise be destroyed
(8) In the event that it is determined that any
representative of a plant or animal species of regional concern is
resident on or otherwise is significantly dependent upon the
Boynton Beach Park of Commerce property, the developer shall cease
all activities which might negatively affect that individual or
population and immediately notify both the Florida Game and
Freshwater Fish Commission and the U S Fish and wildlife Service
Proper protection to the satisfaction of both agencies shall be
~
provided by the developer
(9) The developer shall establish ~ ~eqetated littoral zone
of hardwood swamp/freshwater marsh habitat comprising a total of no
I
less than 11 acres as part of the surface water management system
I
No less than 5 5 acres of the II-acre littoral zone requirement
shall be maintained and comprised 9f species that are
representative of hardwood swamp habitat found on-site including
b~t not limited to swamp bay, dahoon holly, and pond apple in
association with a typical herbaceous layer of ferns and other
native indigenous hydrophytic vegetation
The littoral zone
habitat shall be fully vegetated with native plant species and
occur from lake control elevation to a depth of three feet below
control elevation
In addition, the developer shall preserve
on-site six acres of seasonally flooded wetland habitat designed to
-5-
be of value to fish and wildlife species and consisting of native
vegetation typical of such habitats
Prior to commencement of construction for any phase of
the project, the developer shall prepare a desiqn and management
. ....
plan for alr wetlands or littoral zones that will be a part of that
-
phase
The plans shall
fa) include a topographic map of the wetland or littoral
zone, or i~clude typical cross sections;
fb) specify how vegetation is to be established,
including the extent, type, method and timing of any planting to be
provided; and
fe) provide a description of any management procedures
to be followed in order to assure the continued viability, health
and function of the littoral zone or wetland
The plan for each phase shall be subject to approval by
the City of Boynton Beach in consultation with the Treasure Coast
Regional Planning Council
The plan shall be implemented and work
inspected no later than eighteen (18) months after each lake is
excavated
~
(10) In accordance with the following provisions, the
developer shall provide and maintain a buffer zone of native upland
edge vegetation around wetland and deepwater habitats which are
preserved or constructed on-site
The buffer zone may consist of
preserved or planted vegetation but shall include canopy,
understory and groundcover of native species only
The edge
habitat shall begin at the upland limit of any wetland or deepwater
habitat and shall include a total area of at least ten (10) square
feet per linear foot of wetland or deepwater habitat perimeter
This upland edqe habitAt shall be located such that no less than
fifty percent (50\) of the total shoreline is buffered by a minimum
width of ten (10) feet of upland habitat
(11) During construction, all Melalueca, Brazailian Pepper and
^ustrailian Pine which occur on-slte ~hall be removed
Removal
-'\\
shall be in such a manner that avoids seed dispersal by any of
these species
There ahall be no planting of pest exotic
vegetation on-site
(12) The surface water management system shall be designed and
constructed to ret.in, .s a minimum, the first one-inch of runoff
'--
~r runoff from a one-hour, three-year storm event, whichever is
greater, from all building sites~ parkinQ areas and internal
roaJways Where depressed truck wells are constructed in a manner
~
which would preclude retention of the first inch of runoff from the
well's impervious surface, the retention requirement shall be
,~
waived and the truck well drainage system shall be desig~ed and
maintained to include oil and grease receptors and open bottom
sedimen~~tion sump~ ~& pollution retardant structures Parking
areas IIp,d r~a_Clwa:r's 't~ th,e truck wells shall bel des igned to divert
runoff ~o storage ~~4 exfi~~rai:ion systems on~site prior to
discharge into the surface water management system
Condition 16
shall apply where hazardous materials will be used
(13) No unfiltered runoff from parking areas and roadways
"
shall be discharged directly into any wetlands
(14) The surface -water management system shall be designed and
constructed to maintain existing normal seasonal water table levels
and hydroperiods
(15) As part of the annual report required under Section
380 06(16), Florida Statutes, the developer shall provide a ~ist of
(
all industrial tenapts, including a description of their activities
and the fo~r ~i~~~;~~a~da~~ Industrial Class~~lcation Code appli-
l
,\
cable to the oper~~ipr
A cppy of this. list &~all be provided to
the Department of Environmental Regulation, the South Florida Water
Management District, the City of Doynton Beach, and the agency
delegated the authority for maintaining, updating, and verifying
the master files for hazardous waste generators in Palm Beach
County
-7-
".
(16) Prior to occupancy, each specific tenant or owner that
uses, han~les, stores or displays hazardous materials or generates
hazardous waste shalt meet the requiremonts of this Condition 16
For purposes of this Ordinance, "hazardous materials" and
"hazardous waste" shall mean those certain 127 priority pollutants,
volatile orq~nics, and trace metals referenced in the Clean Water
^ct administered by the Environmental Protection Agency (as may be
amended from time to time)
The tenant or owner shall construct an
appropriate spill containment system which shall be designed to
hold spilled hazardous materials for cleanup and to prevent such
materials from entering the storm water nrainage system In
addition to a containment system, tenants or owners shall also
develop an appropriate early warning monitoring program The
containment system and monitoring program shall be acceptable to
the Department of Environmental Regulation and the South Florida
Water Management District and shall serve all structures or areas
where hazardous materials are used, handled, stored or displayed,
or where hazardous wastes are generated
The developer shall
~
impose these requirements and the obli9ation to remediate any
contamination on each industrial tenant or owner in an appropriate
covenant and restriction which shall be approved by the Department
of Environmental Regulation and the South Florida Water Management
District and made available to the City of Boynton Beach
The City
reserves the right to inspect all buildings within th~ project,
~urin9 normal working hours
).
j.;
( t 1! -' the devel'oper shall develop a hazardous materials
. '. . ",.' 'f'
,y contam~,Jlat:.i.on "'Ir..po'h'8. 1an'. for the develo ment within one ear
i.. .:.,.,. ~, ;
t.he effective dat~ 'off'the' "Development .Order. ,~he plau slla'll be
.
of
'f
-,
reviewed and apprqved by the City of Boynton Beach in consultation
,
with the South Fl~rida Water Management District, the Palm Beach
County Emergency Preparedness Division, the Department of Environ-
.-
~ental Re9u~atlon, a~d ~he Treasure Coast negional Planning
-8-
~-- ~--------- .~ ---
Council
The plan ahall identity appropriate measures for
contamination response, including, but not limited to
(a) provision of equipment and trained personnel on-site
or a contract with a contamination response firm meeting Florida
D.partm.nt of Environm.ntal Re9ulation r.quirements, if found
n.c....ry by the above r.f.r.nc.d .g.nci.. to protect the qround-
water from possible contamination;
(b) specification of follow-up water quality monitoring
programs to be implemented in the event of contamination;
(c) sp.cific.tion of design .nd operation.l measures to
contain and direct contaminated surface runoff away from ponds,
canals, drainage structure. and other connections to the surficial
aquifer:
rf (d) sp.cific,ations for the d.v.lopm.nt .nd implementa-
'oJ.t,_.. I ~~., :
tion ot .;~oordinate~A~onltoring program ~hlch~incorporates the
. ...Ir',. _! , .J
indivl~uJll s'1te m~Q:~~oring programs required "\lnder Condition 16
I
above in such a manner as to achieve an efficient and effective
overall projec~ ea~+y warping monitorin9 program: an~
.- ~
(e) requirements for financial responsibility which will
assure clea~up co,~. w~l~ ~e provided
. ~.
~~
( 18)
All requ~r.m.nt. fo~ nonpot~bl. wat.~ shall b. met only
,rf
by withdrawls frOm the surface water management system and adjacent
canals
(19) ^ minimUm of thirty percent (30') of the landscaped areas
required by Section 7(H)(13), Planned Industrial Development
regulations, Appendix A, zoning Code of Boynton Deach, less
waterways, as a part of specific site development shall be
preserved or replanted in a manner to enhance or recreate native
vegetation
In addition, the following shall apply
(a) the location of the areas of nat~ve vegetation shall
be such that the watering and fertilization of non-native areas not
-9-
inhibit the management of the native vegetation areas in a healthy
state:
(b) a minimum of fifty percent (SOt) of all trees and
shrubs used in landscaping shall be native species adapted to the
soil conditions on site: and
(cl any .crub habitat .et a.ide under condition 6 above
which i. located on a specific site to be developed ~ill be found
to meet this condition and to receive credit against condition 6
(20) Generation and disposal of hazardous effluents into the
sanitary sewer system shall be prohibited unless adequate
pretreatment facilities, approved by the Florida Department of
Environmental Regulation and the agency responsible for sewerage
works, are constructed and used by project tenants or owners
generating such effluents
(21) To the extent feasible, the developer ~hould incorporate
energy conservation measures identified in the Treasure Coast
Regional Planning Council's Reqional Energy Plan
(22) Prior to final site plan approval, the developer shall
.~- "
implement the ener~y conservation measures endorsed and/or recom-
mended by the oeve~opment'. architectural review committe~ The
energy conserva~~o~~easures shall incorporate, at a minimum, those
energy conservation measures identified on pages 25-4 through 25-7
of the Application for Development Approval
The guidelines, and
~
.),:;.~
any subsequent revi,sions, shall be transl..itted to the City of
1'0
Boynton ;Beach for ~~view, and to the Treasure CQast Regional
.," '"... .~~ .{ ~ff
')~anllin~' CO\Jnci:J.;~. .;l~;,~ ,I, f .,.li
'~, - :.. 0 ., t.;~o;~1}:.q,,\ .oj' .' ,I f', i.,f
~~JJ,:, The developer shall construct' an additional two lanes on
"W~li ......\ _.... j.1.~I"':. . .' ... I~l..l
Northwe.t 22nd Avenue"from congress Avenue to Seacrest Boulevard
\, ):.,.~
i~~.
t
including all intersection improvements at Northwest 22nd Avenue
and Seacrest Boulevard within five (5) y~ars from the datp. of
recordinq of the first plat
Th is constr"ction Iftay be phased with
po~tio~s o~ ~h. constructio~ required through the limits of each
plat
The construction shall include alr in~p~~p~tinns and the
-
./
-10-
bridge over the E-4 Canal, but not the widening of the existing
__ JIiIl...
bridge over 1-95
(24) The developer shall have construction plans and a
right-at-way map prepared for construction by Palm Beach County of
double left-turn lanes on the east and west approaches to the
......
lnter.ection of Congress Avenue and Boynton Beach Boulevard
Surveys and design work shall be commenced within thirty (30) days
after issuance of the Development Order by the City of Coynton
Beach
C9mpleted plans and the right-of-way map shall be delivered
to the County within four (4) months after the date of the
Development Order
The developer shall contribute $141,000 00 to
~e Countv within thirty (30) days after construction contr~~t~ Arp
awarded and construction has started
f r
(2S, "I The deYei'b'p.~sh'.il have a FeasibUity/Justification
. I ~ I j j4.. ~ !_.."!"
~_..~tudy ~nd -tsublleqiJ.nt.~) .Snvironmental Impact ~tatement (EIS)
., ""'1'1 , (} -J' ... .~~
~repared under a contract which shall be approved by the City of
~
Boynton Beach prior to execution of same, for an interchange
between 1-95 and_Northwest 22nd Avenue The devel~~~r shall pay ~~
~
to~200,000 00 of the cost of these engineering/environmental
~
studies... The Feasihi 11"~'/1...,t ~,f'1 ~ation Studv shall commence within
thirty (30) days of. the i.ssuance of the Oevelooment Orde.J; and be _ ~ IJ..
completed within tw~ hundred (200) calendar days thereafter~The v~
tIS shall commence upon favorable review by the Department of
Transportation of the Feasibility/Justification Study and be
completed three hundred sixty-five (365) calendar days thereafter~
(26) w~n external trips aener~tprl by the pro;ect Py~PPrl
15,000 trips per day, the developer shall construct. or contribute
~ Palm Beach County the cost of constructing, two addition~l lands
o~ Congress Avenue, bringing it to a six-lane capacity, from
~oynton Beach Boulevard to Hiner Road
If this improvement is
constructed by others at no cost t~ the developer and if neither
the State nor Federal qovernmp.nt has indicated disapproval ot the
1-95 interchange at ~orthwest 22nd Avenue, the developp.r shall
-11-
---~-."- ----------
contribute $900,000 00 toward construction of the interchange in
lieu of said Congress Avenue improvements: provided, however, that
~
it the contribution is not required for the interchange due to the
fact that the State or Federal Government has indicated
disapproval, the developer shall provide $900,000 00 to the County
to be used for improvements at the intersection of Boynton Deach
Boulevard and Congress Avenue and at the intersection of
Northwest 22nd Avenue and Congress ^venue to provide additional
capacity required if the interchange at 1-95 and Northwest 22nd
Avenue is not constructed
The contribution under this cond~tion
shall not exceed $900,000 00 except as that amount is adjusted for
changes in the cost of living by a construction cost index using
1985 as the base year
(27) The developer shall contribute !900,000 00, in excess of
any contribution made pursuant to Condition 26 above, for rl~t-
of-way acquisition and construction of an interchange at 1-95 and
Northwest 22nd Avp.nue at such time that the funding is needed to
commence with construction of the interChange
..
also dedicate to the appropriate governmental aqencies any inci-
The developer shall
dental right-ot-way, ~t to exceed three acres, which is needed for
the interchange and is located within the project boundaries If
the interchange is disapproved by the responsible State and Federal
agencie~, the developer shall contribute $900,000 00 to Palm Beach
County for improvements at ~ne intersection of Congress Avenue and
BOYnton Beach Boul~vard and the intersection of Congress Avenue and
#,
>.
":'\'~V"';~_t.
NQ1:th...,.at".22n~ Av'tnue ",hen the project generates in excess of
.~. . ~. '... )
1 S;OOO -..,"unal, t.rips qaUr.. Tllis cont~~butioq shall not be
I
'#required in the event1that the $900,000 00 contribution required
under Condition 26~.bove is allocated to improvements at these
intersectiona
The contribution under this condition shall not
exceed $900,000 00 except as that amount is adjusted for changes in
--- ----. - - -- .--.-
the cost of living by a construction cost i~~ex _ usin~98~~s the
"--'-'-' -
base ~
-12-
(28) The developer shall monitor project traffic generation
annually be9inning atter development of one hundred thirty-two
(132) acres (not including R-o-W, retention areas or preserve
areas), and ahall provide that information to the City of Boynton
Beach. Palm Beach County and the Treasure Coast Re9ional Plannin9
Council
The methodology and scope of the monitorin9 effort ~hall
be approved by the City in consultation with the County and the
Treasure Coast Regional Planning Council
The results shall be
used to monitor compliance with Conditionn 26 and 27 above
(29) The developer shall provide signalization 4nd turn lanes
at the intersection of Congress Avenue and the project access road
and at all project entrances on Northwest 22nd Avenue as necessary
to mai~tain service level C
, (30') Withi.n nJ.'n~ty (90) ,days of the approval of the
Oevelopmen~.Order. dedicate to Palm Beach County the right-of-wa
.,.
~ Miner Ro.d through the lim~ts of the Park
Hiner Road appears
as a 108 foot arterial on the County's Thoroughfare Plan
(Jl) Within ninety (90) days Qf the approval of the
.
Development Order. dedicate to Palm Beach County the additional
right-of-way for ~ W 22nd Avenue through the limits of the Park
N W 2~~e..!l!Je aeP.~f_~. as .a 108 foot arterial on the County's
Thoroughfare Plan
(32) In connection with the r~quirement to set aside forty
(40) acres of scrub abitat. within one hundred eighty (180) days
of the approval of the Development Order provide for the City of
Boynton Beach the legal description of the areas to be preserved
(33) In connection with recommendation 6c which appears in the
Regional Planning Council's report and recommendation. the
developer shall provide for the City's approval, documents which
will specify the nature of and responsibility for the continued
maintenance and preservation of the forty (40) acre scrub habitat
set aside
-13-
(34) The City ot Boynton Beach and niteco Development
Co~po~.tlon agre. to the following items concerning a civic an~
non-recreational Impact Fee to be paid to the City
la) The City will enter into a contract (hereinafte~ the
.Contract.) with Or James Nicholas whereby Or Nicholas will
p~epare a study (hereinafter the .Study.) with respect to civic and
non-recreational impact fees
-
--
(b) Ooth Riteco and the City agree to be bound by the
Study
(c) niteco will fund up to $20,000 00 with respect to
payments made to Or Nicholas under the Contract, said monies to be
paid to the City upon execution of the Contract and approval of the
Development Order
(d) In the event that the development of the subject
Project commences within J yea~s afte~ the issuance of the
Development Order, Riteco will be given a credit for the amount
funded by Riteco pursuant to this condition 34
Otherwise the
amount funded will not be refunded to Riteco
1&
Ie) Riteco will b~ entitled to review and comment on the
Study as it progresses, and will be timely provided copies of all
correspondence snd pther documents regarding the Study
(f) The parties agree in concept that any impact fees be
due and payable at the time of issuance of ceJtti.f.i.cate of occupancy and
shall make such recommendation to Dr Nicholas
(35) In addition to the water mains proposed to be constructed
1n Phase I as a part of project development east of the L WOO
E-4 Canal, the developers of the Park will be required to extend
the sixteen (16) inch water main proposed to be installed in N W
22nd Avenue eastward to High Ridge Road and then northward on High
Ridge Road to tie into an existing sixteen (16) inch water main
within five (Sl jears of the date of the approval of the
Development Order
^lso, in order to clarify utility construction
in Phase I, the following shall apply
-14-
(al Any Pa~k development east of the L WOO E-4 Canal
will ~equi~e the con.t~uction of all Phase I utilities as shown on
the maste~ plans lo~ utility const~uctionl and,
(b) Any Park development west ol L WOO E-4 Canal will
~equire the construction of all utilities shown over that portion
of Phase I plus an additional tie into the existing sixteen (16)
inch water main on the west side of Congress Avenue at the
project's northern entrance
(36) The developers shall comply with the memorandum from
Perry Cessna to Carmen Annunziato under date of October 23, 1984,
which Memorandum is attached hereto as Exhibit "B" and made a part
hereof
.,
(37) All water mains proposed are to be accessible from either
04,'1\
a paved street, drive~ay, or parking area
ii"'''''' ,~ t~ ,...j '\ ,\
(38) The Park's;'developers shall dedicate to the City of
..!1.
Boynton Beach, a twelve (12) foot wide utility easement parallel
and adjacent to the Boynton Canal between the proposed water main
canal_~ccessing aEd High Ridge Road
a;
(39) The Park's developers or assigns shall provide on-site
security during all phases of construction in the construction
areas
(40) As it is the stated intention of the Park's developers to
supplement municipal police protection with a private, centrally-
located and housed, on-site security force, the fOllowing shall be
~equired
a All security alarms to be installed within the Par~
are to be connected to the on-site security facility
b It is required that the Park's developers submit to
the municipal Police Department the research employed as a basis
for vendor selection
(41) N W 22nd Avenue shall be constructed with a landscaped
median, and the developer shall submit to the City of Boynton
-15-
Beach, the landscaping and irric;ation plans for review and
approval
(42) Any of the Park'. internal rights-ot-way which arft public
will be landscaped
The landscapin9 and irrigation plans shall
be submitted to the City for the City's review and approval, and
subsequent maintenance shall be the obligation of the City
(43) The City and the Park's developer shall make respective
good faith efforts to comply with that ~ertain letter from Wade
Riley to Peter Cheney, under date of October 22, 1984, which letter
i. attached hereto as Exhibit "C" and made a part hereof
(44) On or before the 15th day of February of each year,
Riteco Development Corporation, or its successors or assigns, shall
submit an annual report tor the preceding year to the City of
Boynton Beach, the Treasure Coast Regional Planning Council, the
State Land Planning Agency, and all eftected permit agencies, or
their respective successors
The annual report shall include
(a) a complete list of tenants (and where applicable,
t...~.
their_~..pectiv~~[our Digit Standard Industrial Classification
'"
Codes) located in the development during the preceding year,
together with a description of the activities and operations of
each tenant and a map indicating their respective locations within
the development1
(b) Changes in the plan of development or phasing for
th~ reporting year and for the next year:
\.
(c) A summary comparison of development activity
proposeq.. ~.n4 actpall{"conducted for the year:
(d) UI1~evelop~d tracts of land that ,have been sold to a
separate entity or developer
Ie> Identification and intended use of lands purchased,
leased or optioned by the developer adjacent to the original ORI
site since the development order was issued;
-16-
(t) An assessment of the development's and local
government's compliance with conditions of approval contained in
the qRI development order;
(g) Any known incremental DRI applications for develop-
ment approval or requests tor a substantial deviation determination
that were filed in the reporting year and to be filed during the
next year,
(h) A statement that all persons have been sent copies
of the annual report in conformance with Subsections 380 06(14) and
(16), Ylorida Statutes, and
(i) A copy' of any notice o~ the adoption of a develop-
ment order or the subsequent modification of an adopted development
order that was r.cor~e~ by the developer pursuant to Paragraph
380 06(14)(4), Florie~ Statu~.s
(45) The property shall be developed in a manner that support
..
con.ervation and efficient management of energy resources pursuant
to the Energy Element of the Comprehensive Plan of the City of
Doynt9!:! Beach
..
(46) The City Manager af the City of Boynton Deach is hereby
designated as the local official responsible for assurin~
compliance with this Development Order
Section S
A copy of this Ordinance (Development Order)
shall be transmitted to the Division of Local Resource Management,
the State Land Planning Agency, Riteco Development Corporation (the
owner/petitioner), and the Treasure Coast Regional Planning
Council
Section Ii
This Ordinance shall become effective
immediately upon passage
FIRST READING this ~ day of December, 1984
-17-
rO
f~
SECOND READING and FINAL PASSAGE th ie / day of Oecember I
198"
CITY OF DOYNTON DE>'ClI, FLOrUDA
(~~
,(. t . ".....,.., ............. " .? .......-1/1/.../
~o YOn. .
Vi~/#
$-'" l C~,,-(!;'"
C NCIL I-tE.t'1B n
A~EST
cti{(j.!~
..4 .r
,1.ti, -.
113084dt
ro..
07///994
C E R T I F I CAT ION
I, BETTY S BqRONlilCity Cle;rk of the City of Boynton
Beach, Florida, do her. by certify that the above and foregoing
.eventeen (17) page. is a true and correct copy of Ordinance
No B4~Sl (with Exhibits A, B, and C attached), as it appears
in the records of the City of Boynton Beach, Florida
(SEALI
-11)-
-------~----------
EXIIIBIT "A"
OVERALL BOUNDARY
LEGAL DESCRIPTION
A Tract of land lying partially in Sections 16, 17, 20 and 21, Township
45 South, Range 43 East, palm Beach County, Florida, said Tract being
more particularly described as follows Commencing at the Southwest
corner of said Section 17, thence North 1"14'39" East, along the West
line o~ Section 17, a distance of 1318 10 feet to a point in the
intersection with the centerline of N W 22nd Avenue, as recorded in
o R Book 1738, Page 1686, of the Public Records of palm Beach County,
Florida, thence with a>bearing of North 89"04'32" East, along the
centerline of H W 22ild Avenue, a distance of 778 37 feet to the point
of Beginning, thence North 1"44~39" Eaat, a distance of 1247 06 feet to
the South right of way line of L WOO Lateral 211 thence North
89"08'49" Ea.t, along the SOuth right of way line of L WOO
Lateral 21, as recorded in 0 R Dook 1732, page 612, of the Public
Records of Palm Beach County, Florida, a distance of 635 93 f.et to the
centerline of the L W D D EqualiZing Canal E-4 Canal, as recorded in
o R Book 1732, Page 612 of Public Record. of Palm Beach County,
Florida: thence along the centerline of the above described E-4 Canal
with a curve to ~he righ~ having a chord bearing of North 10"32'52"
East, .a radius 9t 759...QO ~eet, a central angle of 4 "04 '17", and an arc
length of 5~ 29 ~eetl,thence pontinue along the centerline of the E-4
Canal, wit~ a,p.aring'Q~ North 12"35'00" East, a distance of 320 69 feet
to. a point, of curve; ~tl~nce with a curve, to the'lleft having a radius of
6500 00, a central angle of 3"28'30", and an arc length of 394 23 feet:
thence North 9"06'30" East, a distance of 1979 16 feet to a point On the
North Line of Section 17: thence with a bearing of North 89"16'39" East,
along the North line of Section 17, a distance of 1964 50 feet thence
South 0"02'11" East, a distance of 2615 18 feet: thence North 89 08'49"
East, a distance of 368 96 feet to a point on the North right of way
line oC~ W 22nd 'AVenue.aa recorded in 0 R Book 1738, Page 1686 of the
Public Records of Palm Beach County, Florida thence South 19"27'31"
East, a distance of 50 00 feet to the centerline of N W 22nd Avenue;
thence with a curve to the right having a chord bearing of North
75"29'49" East, a radius of 1637 02 feet, a central angle of 9"53'58",
and an arc length of 282 85 teet to a point thence North 12 02'41"
East, a distance of 915 72 feet: thence North 0 31'11" East, a distance
of 399 70 feet: thence North 89"12'37" East, a distance of 413 21 feet:
thence South 00"22'56" East, a distance of 1349 70 feet to a point on
the West right of way line of the Seaboard Coastline Railroad: thence
South 0"28'21" East, along the West right of way line of the Railroad, a
distance of 1309 09 feet to a point on the centerline of N W 22nd
Avenue, thence North 88"27'31" Weat, along the centerline of N W 22nd
Avenue a distance of 672 97 feet: thence South 0"33'53" East, a distance
of 1306 69 teet; thence South 88"45'31" East, a distance of 333 51 feet
to a point on the West right of way of the Seaboard Coastline Railroad;
thence with a bearing of South 14"08'23" West, along the West right of
way of the railroad, a distance of 1312 49 feet: thence South 0 33'53"
East, . distance of 26 69 feet, thence South 13"15'22" West, a distance
of 920 57 feet: thence North 88"50'04" West, a distance of 187 60 feet;
thence with a bearing of North 0"49'21" West, a distance of 200 00 feet:
thence North 88"50'04" West, a distance of 218 00 feet: thence South
0"49'2," East, a distance of 200 00 feet, thence North 88"50'04" West, a
distance of 40 00 feet; thence South 0"49'21" East, a distance of 556 84
feet, thence North 88"50'04" West, a distance of 3617 26 feet to a point
on the centerline of the above described centerline of the E-4 Canal;
thence with a bearing of North 5"18'14" West, a distance of 153 13 feet,
thence with a curve to the right having a radius of 450 00 feet, a
central angle of 15"36'44", and an arc length of 122 62 feet thence
North 10"18'30" East, a distance of 908 60 feet to a point of curve
thence with a curve to the left having a radius of 450 00 feet, a
central angle of 18"20'00", and an arc length of 143 99 f~etl thence
with a bearing of North 8"01'30. West, a distance of 1255 14 feet to a
point on the centerline of N W 22nd Avenue thence with a bearing of
South 89"04'32" West, along the centerline of N W 22nd ~venue a
distance of 817 85 feet more or les8 to the Point of Deginning
Containing 591 55 acres more or less and subject to easements and right~
of way of record
. \
(
MEMORANDUM
October 23, 1984
TO: Hr Carmen s. Annunziato
Director of Planning
RE Boynton Beach Park of Commerce
The ~pprov&l of this development .s related to their lift
station configuration should specify that at the time of
pl'lnning the first phase .ast of the E-4 Canal, that the
developer's engineers will present to the City,. study to
show whether lift station #3 on their master plan can be
deepened and/or relocated in such a manner as to eliminate
lift station #2 for the nort~ east section of the develop-
ment
Based upon a review by the City staff and City's engineers,
the design will be finalized prior to approval of the plans
for lift station 4tJ and its gravity collection system
>f ---:1.~.~ ~'tc
Director of Utilities
apt
CYlr.w.rr- "{1 \,
--- --~.---_._~--
."'il" 20 I ,
lJltUo \\.ut Lan'. .a Road
Lant'A" Florid. 33462
1"*'.. C30SH33-G902
RITECO
DEVELOPMENT
CORPORATION
October 22, 1984
Citj of Boynton Beach
POBox 310
Boynton Beach FL 33435
Attn. Hr reter Cheney, City Manager
Dear Hr Cheney.
Riteco Development Corporation would like to enter into
discussion with the City of Boynton Beach regarding the
possiblo exchange ot property This oxchange would involve
the City owned property located at the intersection of N W
22nd Avenue and Seaboard Coast Line Railroad
Riteco would propo.e to u.. properties located within the
Planned Industrial District located in the same area This
exchange would be done on a value for value basis with said
values being mutually acc.ptGb~e to both parties
It this concept meets with your approval we would be pleased
to meet with you at your earliest possiblo convenience
Sincerely
C..h.-k.. RJ{L.1tl
Wade Riley
Vice Presi nt
wn/9d
eel Hr Carmen Annunziato
...
~n-"L"
Appendix C
Quantum Park Groundwater Monitoring Plan
~
QUANTUM PARIC
GROUNDWA'l'ER MONITORING PLAN
Prepaxed for.
QuaD~u. Aaaoc~.t:.e
Fort: LaudeMa1e. F1.or:14a
Prepared By.
"eource BlagiDeertng and Pl.aDning. Ine.
...t: Palla Beach. F1.or~4a
Ju1y. 19.7
;
\
Introduction
,
Quantum Park is a proposed commercial, industrial, and office
park in Boynton Beach, Florida, which is to be developed in
accordance with a Development Order (DO) approved by the Treasure
Coast Regional Planning Council and the City of Boynton Beach.
The DO stipulates that Quantum Park prepare an early warning
monitoring plan for hazardous materials to be approved by the
South Florida Water Management District (SFWMD). As part of the
hazardous materials response plan, a plan which identifies the
groundwater monitoring strategy at the site is to be developed.
On June 4, 1987, representatives of Quantum Park contracted
Resource Engineering and Planning, Inc (REP/lnc.) to prepare the
groundwater monitoring plan in accordance with SFWMD guidelines.
The purpose of this plan is to present recommendations and
guidelines for groundwater monitoring which are developed from
site-specific information. This will include a description of
o
Site Plan
General Topographic and Drainage Characteristics
General Soil and Hydrogeological Characteristics
Location of Proposed Monitoring Wells
Construction Details for Monitoring Wells
Analytical Parameters to be Tested
Sampling Frequency and Quality Assurance
Laboratory Requirements for Sample Analysis
o
o
o
o
o
o
o
The overall hazardous materials response plan is included here by
reference and should be reviewed for situations not addressed in
this report.
Site Description
Quantum Park straddles Northwest 22nd Avenue between Congress
Avenue and Interstate 95 in western Boynton Beach, Florida. The
park is bounded on the south by canal C-16 of the Lake Worth
Drainage District (LWDD) and to the north by High Ridge Country
Club. In all, the site occupies 560 acres in Sections 16, 17,
and 20, Township 45 South, Range 43 East. Figure 1 presents the
location of the site from the Lake Worth Quadrangle of the United
States Geological Survey (USGS) 7~ minute topographic map series.
Of the site area, approximately 153 acres are zoned for
industrial development, 146 acres for office space, 30 acres for
commercial development, 123 acres for preserve, open space, lakes
and wetlands, 46 acres for research and development industrial,
and 17 acres for a city park. At present, the site remains
largely undeveloped, with the exception of road work and initial
construction on an industrial parcel in the southern portion
1
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Quantum A..oelat..
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RESOURCE ENGINEERING AND PlANNING. 'Ne
.... --
----
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General Topographic and Drainage Characteristics
With the exception of the eastern portion of the site, QuAntum
Park occupies a nearly level low-lying area west of the Atlantic
coastal ridge. Surface elevations of the central and western
portion of the site are between 7 and 20 feet above National
Geodetic Vertical Datum (NGVD). The coastal ridge occupies the
eastern third of the site, where the surface elevation is between
20 and 43 feet above NGVD.
The general drainage of the site is poor Precipitation which
falls on the site percolates into the ground or drains west -
southwest off of the coastal ridge to LWDD Lateral Canal C-16 to
the south, or LWDD Equalizing Canal C-4 to the west.
General Soil and Hydrogeological Characteristics
Soils of the coastal ridge within the park consist of the paola
and St. Lucie sand complexes, which are characteristically well
drained soils with slopes of 0-8% Other areas 20 feet above
NGVD in the park consist of these two soil types or the Pomello
fine sand complex, which occurs on low ridges or knolls with
slopes of 0-5% The low-lying areas of the park consist of the
Basinger and Myakkan depressional soils, or the Basinger fine
sand complex These two soil types characteristically are poorly
drained fine grained sands which occupied grassy sloughs in the
eastern portion of Palm Beach County prior to development. The
isolated depressions within the park consist of the Okeelanta or
Sanibel mucks, which are characteristically very poorly drained
organic soils, and are commonly under water for at least a
portion of the year.
The Quantum Park site is underlain by 320-340 feet of generally
unconsolidated sand, shell, and clay of the Anastasia and Fort
Thompson Formations of the Pleistocene. These formations
comprise the sediments of the surficial aquifer of eastern Palm
Beach County and are underlain by indurated calcareous clays of
the Pliocene.
Groundwater flow direction beneath the site is assumed to be east
or southeast The proposed monitoring wells will be used to
develop water table contour maps for the wet and dry seasons.
The average transmissivity of the surficial aquifer sediments is
100,000 - 300,000 gallons/day/foot, with an approximate rate of
flow of 25-30 feet per year, excluding outside influences. Water
quality beneath the site is unknown, but is thought to be good,
despite a high iron and hydrogen sulfide content, and may be
potable with a minimum of treatment
The sources for the above soil and hydrogeological
characteristics are the Soil Survey of Palm Beach County, USGS
Water Resources Investigations Report No 67, USGS Water-
Resources Investigations Report No. 86-4067, and the Report of
the Wellfield Protection Ordinance Subcommittee published by Palm
Beach County.
3
Location of Proposed Monitoring Wells
t
It is proposed that nine (9) monitoring wells be constructed in
the areas of greatest industrial activity to provide an effective
means for early detection of any groundwater degradation in these
areas. The industrial and research/development parcels are
concentrated in the southern and northeastern portions of Quantum
Park, and it is proposed that the monitoring wells be constructed
in these areas to evaluate any impact from industrial activity.
Figure 2 presents a site plan of Quantum Park with the nine
proposed monitoring well locations and the numbering scheme used
in this plan These well locations are essentially the same as
those proposed by the SFWMD, and are felt to be adequately
arranged to provide reasonably early detection of groundwater
degradation in the industrial areas of the park.
All attempts will be made to install the nine monitoring wells
out of the way of proposed development and construction. Should
it become necessary to abandon a well due to impending
development of the particular parcel, an alternate monitoring
well will be similar to those of the original well. The
abandonment of the original well and the installation of an
alternate well will take place only after the approval of the
S FWMD .
Monitoring Well Construction Details
The ground surface elevation at the nine proposed monitoring well
locations varies from approximately 10 feet above NGVD to 25-35
feet above NGVD. Given this condition, the terminal depth below
land surface for the wells will vary to facilitate a screened
interval in all wells of approximately 5 feet above NGVD to 10
feet below NGVD.
All nine wells will be constructed in similar fasion. Bore holes
will be drilled using hollow stem augers Well casings and
screens will be constructed of 2-inch diameter flush-thredded
schedule 40 polyvinylchloride (PVC) pipe Each bore hole will
penetrate to a terminal elevation of approximately 10 feet below
NGVD. Well screens will consist of a fifteen-foot section of
slotted (0 02 inch slot) 2-inch diameter PVC pipe The well
casing will be inserted through the auger stem into the borehole
and, as the augers are raised, the annular space between the
borehole and casing packed with washed medium-coarse grained (6-
20 grade) sand. Sand pack will continue above the top of the
screen for a minimum of one foot and a maximum of two feet The
sand pack will be topped with a two-foot thick bentonite seal,
and the remaining space filled with a bentonite-cement grout
Any exposed portion of the casing above ground surface will be
covered with a 4-inch diameter steel guard pipe with hinged
locking cap. If any wells are completed below grade, a steel
meter box will house the well head, which will be fitted with a
cap and a locking strap Figure 3 presents a typical monitoring
4
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----~ 141141 _0.. r --<
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Figure 2:
Quantum Aa.oclat..
RESOURCE ENGINEERINO AN~ I'I.ANNINO. INe
Propo..d Monitoring w.n Locetlon., Quentum P.,. .___,__.~
\
.......
----
-----------------.-----
'E P"C CAP 0'\ PLUG
..
"
_ ~/8' OIAtJ v./EEP t\OLE
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o
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o
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tal
i
C SOIL;
:~~...
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-~~~.
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'2 p\lC RiSER pIPE
aEN10NIIE SE(>.L
l\"lRE(>.OEO FLUs\"I JOINlS
(f~"E,"OS 'lI","pPEO TfE T ,"pEl
SANO P ACY-..
'2 p\lC WELL SCREEN
fi9ure 3
,.yp~ea~ ~n~~o~~n9 ~e~~
con.~rue~~on oe~a~~
well construction detail for the Quantum Park site.
t
All monitoring wells will be installed by a well contractor
licensed in the State of Florida. All wells will be developed by
pumping prior to initial sampling. The top of casing elevation
of each well will be determined using an engineer's level and
stadia rod.
Table No. 1 presents the overall depths for the nine monitoring
wells for the site.
Analytical Parameters to be Tested
Groundwater samples collected from the nine monitoring wells at
Quantum Park will be analyzed for the following parameters:
General
.
Water Level Elevation Prior to Sampling (NGVD)
pH
Conductivity
Chloride
Alkalinity
Total Organic Carbon
Chemical Oxygen Demand
Nitrate Nitrogen
Nitrite Nitrogen
Ammonia Nitrogen
o
o
o
o
o
o
o
o
o
Trace Organics
o EPA Method 601 (See Appendix 1)
o EPA Method 602 (See Appendix 2)
Total Metals
o Arsenic
o Barium
o Cadmium
o Chromium
o Lead
o Mercury
o Selenium
Sampling Frequency and Quality Assurance
The nine monitoring wells at Quantum Park will be sampled
following initial development and tested for the parameters
listed above to establish baseline conditions at the site prior
to cons~ruction. Following this initial sampling, the wells will
be sampled once every six months with the results of each
sampling forwarded to SFWMD by Quantum Park upon completion.
These semi-annual sampling events will be scheduled to correspond
with the wet season/dry season cycle of South Florida These
seasons are roughly defined as June-October (wet season) and
November-Hay (dry season).
7
Well
No.
1
2
3
4
5
6
7
8
9
t
TABLE NO. 1
CONS'1'RUC'l'ION DEP'l'HS FOR QUANTUM PARK MONITORING WELLS
Approx.
Ground
Elevation
12 feet above
NGVD
15 feet above
NGVD
10 feet above
NGVD
20 feet above
NGVD
30 feet above
NGVD
17 feet above
NGVD
22 feet above
NGVD
22 feet above
NGVD
22 feet above
NGVD
Terminal
Depth
Below Ground Surface Screened Interval
22 feet
7-22 feet
25 feet
10-25 feet
20 feet
5-20 feet
30 feet
15-30 feet
40 feet
25-40 feet
27 feet
12-27 feet
32 feet
17-32 feet
32 feet
17-32 feet
32 feet
17-32 feet
8
--'---~- --_._~--_._--------
It is recommended that all sampling of the proposed monit~ring
wells be conducted in accordance with an FDER-approved Generic
Quality Assurance/Quality Control (OA/OC) Plan. This provides
assurance that sampling is conducted in an approved manner and
ensures to the extent possible that samples are representative
of groundwater conditions.
Laboratory Requirements for Sample Ana1ysis
As with sampling procedures. it is recommended that laboratories
which receive samples from Quantum Park are Department of Health
and Rehabilitative Services (DHRS) certified and that they have
an FDER-approved Generic OA/QC Plan. This is to ensure that
sample containers received from the laboratory have been cleaned
according to FDER guidelines and that laboratory procedures are
conducted in accordance with standard methods specified by the
FDER and the United States Environmental Protection Agency.
9
APPENDIX 1
LISTING OF BPA 601 SBRIES CONSTITUENTS
Bromodichloromethane
Bromoform
Bromomethane
Carbon Tetrachloride
Chlorobenzene
Chloroethane
2-Chloroethylvinyl ether
Chloroform
Chloromethane
Cis-1.3-Dishloropropene
Dibromochlenomethane
1,2-Dichlorobenzene
1.3-Dichlorobenzene
l,4-Dichlorobenzene
Dichlorodifluoromethane
l,l-Dichloroethane
l,l-Dichloroethene
trans-l,2-Dichloroethene
1,3-Dichloropropane
trans-I,3-Dichloropropene
Ethylene Dibromide
Methylene Chloride
Tetrachloroethylene
l,I,2,2-Tetrachloroethane
I, 1, I-Trichloroethane
1,I,2-Trichloroethane
Trichloroethylene
Trichlorofluoramethan
Vinyl Chloride
10
~
APPENDIX 2
LISTING OF BPA 602 SERIBS PARAMBTBRS
,
Benezene
Chlorobenzene
Ethylbenzene
Toluene
o-Xylene
m-Xylene
p-Xylene
11
~
...
MEMORANDUM
11 October 1988
TO:
Peter L. Cheney, City Manager
FROM:
Carmen S Annunziato, Planning Director
RE:
Hazardous Materials Contamination
Response Plan for Quantum Park
Accompanying this memo you will find a copy of the above mentioned
response plan. The Plan has been reviewed by the appropriate City
Departments and by affected state and regional agencies, and com-
ments have been incorporated
As noted in the letter of transmittal, Quantum Associates is request-
ing that the Plan be approved by the City Commission This is a
requirement of the Development Order approving the project
To that end, please forward this request to the City Commission for
their approval.
Thank you
c~~c ~
CARMEN S A~NZIATO
/csd
cc:
John Guidry
Ed Allen
Central File
7~~
I If f1i7
I
J
._ Ii.\...a '\II
Reply To Fort Lauderdale Office
QUANTUM
CORPORATE
PARK
October 5, 1988
Mr Carmen Annunziato
City Planner
City of Boynton Beach
211 South Federal Highway
Boynton Beach, Florida 33435
Re Quantum Corporate Park
Dear Carmen
I have enclosed herewith what purports to be the final draft of the Guidelines
for the Preparation of Tenant Hazardous Materials Contamination Response Plans
for Quantum Corporate Park
The ori gi na 1 Pl an was sent to the South Flori da Water Management Di stri ct,
Treasure Coast Regi ona 1 Pl anni ng Counci 1, the Ci ty of Boynton Beach, and the
director of the Palm Beach County Division of Emergency Management As you can
see from the enclosed correspondence, each of the governmental agencies have
responded with comments and suggestions
The enc 1 osed Pl an refl ects changes made in accordance with these comments and
suggestions Accordingly, we feel that the enclosed Plan is ready for city
approval
Quantum Associates request that the City of Boynton Beach adopt and approve the
Guidelines for the Preparation of Tenant Hazardous Materials Contamination
Response Pl ans, as prepared by Quantum Associ ates, for Quantum Corporate Park
Of course, should you have any questions or comments, please do not hesitate to
contact me
""~'
Yours very truly,
RECEMD
~ 't 1988
~<<<<~N~ BEf>T
STEVEN W DEUTSCH
----------
-
SWD dlm
Encl
A Deutsch/Ireland Properties-
cc Mr George W Zimmerman Melvin Simon Joint Venture
David S Pressly, Esq
The 110 Tower. 21st Floor. 110 Southeast Sixth Street. Fort Lauderdale Florida 33301-3415
Broward (305) 763-8888. FAX (305) 763-8996. Palm Beach (407) 734-3555 · Dade (305) 945-8110. 800-4215114
The Building. 1125 Northeast 125 Street. North Miami, Florida 33161
(305) 891-6806 · FAX (305) 895-8241
tf~
/7~
QUANTUM
.... PARK
FEDERAL EXPRESS
April 6, 1987
Ms Heidi M Schloss
Permit Technician IV
Regulatory Administration Division
South Florida Water Management District
POBox V
3301 Gun Club Road
West Palm Beach, Florida 33402
Dear Ms Schloss
Re Permit No 50-01503-S Quantum Park at Boynton Beach, Palm Beach
County Section 16, 17, 20 and 21, Township 45 South, Range 43 East
I have enclosed herewith a revised Guidelines for the Preparation of
Tenant Hazardous Materials Contamination Response Plan dated April 2,
1987 Please note that the revised Guidelines enclosed herewith
reflects changes made in accordance with your letter of January 2, 1987
addressed to me
Please review this revised Guidelines and, as we would like to begin
infrastructure improvements immediately, contact me with any comments or
questions you may have Your prompt attention is most appreciated
Yours very truly,
~~~h
SWD j gm
Enclosure
CC David S Pressly, Esquire
John Flanigan, Esquire
2455 EAST SUNRISE BOULEVARD . SUITE 1106 . FORT LAUDERDALE. FLORIDA 33304
BROWARD (305) 5645114 . PALM BEACH (305) 734-3555
QUANTUM
~_~ PARK
April 6, 1987
Terry Virta, A I C P
Treasure Coast Regional Planning Council
620 South Dixie Highway
P 0 Drawer 396
Stuart, Florida 33495-0396
Re Guidelines for Preparation of Tenant Hazardous Materials Response
Plan - Quantum Park at Boynton Beach
Dear Mr Virta
I have enclosed herewith a revised copy of the above referenced
Guidelines for your review These Guidelines have been revised in
accordance with your comments, as well as those of other governmental
agencies having jurisdiction over same
Should you have any questions or comments please do not hesitate to
contact me
Yours very truly,
~4!l-u
Steven W Deutsch
SWD j gm
Enclosure
CC Mr George W Zimmerman
David S Pressly, Esquire
2455 EAST SUNRISE BOULEVARD . SUITE 1106 . FORT LAUDERDALE, FLORIDA 33304
BROWARD (305) 564-5114 . PALM BEACH (305) 734-3555
QUANTUM
':"_,_. PARK
April 6, 1987
Mr Herbert H
Environmental
Department of
POBox 3858
3301 Gun Club Road
West Palm Beach, Florida
Zebuth
Coordinator
Environmental Regulation
33402-3858
Re Guidelines for Preparation of Tenant Hazardous Materials Response
Plan - Quantum Park at Boynton Beach
Dear Mr Zebuth
I have enclosed herewith a revised copy of
Guidelines for your review These Guidelines
accordance with your comments, as well as those
agencies having jurisdiction over same
the above referenced
have been revised in
of other governmental
Should you have any questions or comments please do not hesitate to
contact me
Yours very truly,
J~
Steven W Deutsch
SWD j gm
Enclosure
CC Mr George W Zimmerman
David S Pressly, Esquire
2455 EAST SUNRISE BOULEVARD . SUITE 1106 . FORT LAUDERDALE, FLORIDA 33304
BROWARD (305) 564-5114 . PALM BEACH (305) 734-3555
QUANTUM
_ ,__ '-- PARK
_.-'~~~-.,...,~
April 6, 1987
David S pressly, Esquire
Moyle, Flanigan, Katz, Fitzgerald
and Sheehan
Box 3888
West Palm Beach, Florida 33402
Re Guidelines for Preparation of Tenant Hazardous Materials Response
Plan - Quantum Park at Boynton Beach
Dear David
I have enclosed herewith a revised copy of the above referenced
Guidelines for your review These Guidelines have been revised in
accordance with your comments, as well as those of other governmental
agencies having jurisdiction over same
Should you have any questions or comments please do not hesitate to
contact me
Yours very truly,
/U
Steven W Deutsch
SWD j gm
Enclosure
CC Mr George W Zimmerman
David S Pressly, Esquire
2455 EAST SUNRISE BOULEVARD . SUITE 1106 . FORT LAUDERDALE. FLORIDA 33304
BROWARD (305) 564-5114 . PALM BEACH (305) 734-3555
QUANTUM
:'.;/,,-".' _, .... PARK
-~.__..
April 6, 1987
Mr Carmen Annunziato
Planning Director
City of Boynton Beach
120 N E 2nd Avenue
Boynton Beach, Florida 33435
Re Guidelines for Preparation of Tenant Hazardous Materials Response
Plan - Quantum Park at Boynton Beach
Dear Mr Annunziato
I have enclosed herewith a revised copy of the above referenced
Guidelines for your review These Guidelines have been revised in
accordance with your comments, as well as those of other governmental
agencies having jurisdiction over same
Should you have any questions or comments please do not hesitate to
contact me
Yours very truly,
~~w0L
Steven W Deutsch
SWD jgm
CC Mr George W Zimmerman
David S Pressly, Esquire
2455 EAST SUNRISE BOULEVARD . SUITE 1106 . FORT LAUDERDALE. FLORIDA 33304
BROWARD (305) 564-5114 . PALM BEACH (305) 734-3555
~
QUANTUM
'--=- PARK
April 6, 1987
Mr B T Kennedy, Jr
Director, Palm Beach County
Division of Emergency Management
3723 Belvedere Road
West Palm Beach, Florida 33406
Re Guidelines for Preparation of Tenant Hazardous Materials Response
Plan - Quantum Park at Boynton Beach
Dear Mr Kennedy
I have enclosed herewith a revised copy of the above referenced
Guidelines for your review These Guidelines have been revised in
accordance with your comments, as well as those of other governmental
agencies having jurisdiction over same
Should you have any questions or comments please do not hesitate to
contact me
JZV;:;'
Steven W Deutsch
SWD j gm
CC Mr George W Zimmerman
David S Pressly, Esquire
2455 EAST SUNRISE BOULEVARD . SUITE 1106 · FORT LAUDERDALE. FLORIDA 33304
BROWARD (305) 564-5114 . PALM BEACH (305) 734-3555
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
SOUTHEAST FLORIDA
DISTRICT
\tl'll~
;'"d~l1;
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i r-.
'ta I (;
, ~. ....! I
"'<4', ; F\ot~
BOB MARTINeZ
GOVeRNOR
P O. BOX 3858
3301 GUN CLUB ROAD
WEST PALM BEACH, FLORIDA 33402.385B
DALE TWACHTMANN
SECRETARY
J. SCOTT BENYON
DISTRICT MANAGER
January 28, 1987
Mr. Steven W. Deutsch
Deutsch Ireland Properties
2455 East Sunrise Blvd., Suite 1106
Ft. Lauderdale, Florida 33304
Dear Mr. Deutsch:
RE: Boynton Beach Park of Commerce Guidelines For The Preparation
Of Tenant Hazardous Materials Response Plans
After reviewing the above referenced plan, I have the following
comments. Overall, the plan appears to be good with all areas of
concern generally covered. A few minor points may need some clar-
ification. A distinction should be made between hazasrdous mater-
ials and hazardous waste. Although both can be equally damaging to
the environment if improperly handled, the Department of Environ-
mental Regulation permits and regulates the storage and transport
of hazardous waste but not hazardous materials. References to
40 CFR Parts 260-265 would only apply to hazardous waste since only
waste is covered by the regulations. Financial responsibility
(pages 13-15) as used in 40 CFR Part 264.140-150 is such an
example. It deals with hazardous waste but does not require
coverage for hazardous materials.
Co,' (l'.r ~
X \.\&l5
h/r'7
f P'
Although "Surface Water Management System" is not defined on
Figures 4, 5 and 7, discharge from oil/water separators should not
be directly to the project lake system since many pollutants are
dissolved and not removed by such a separator. Section 4(12) of
Development Order 84-51 (D.O.) does waive the requuirement for the
retention of the first inch of runoff for depressed truck wells.
However, it also specifically requires that "Parking areas and
roadways to the truck wells shall be designed to divert runoff to
storage and exfiltration systems on-site prior to discharge into
the surface water management system". This requirement does not
seem to have been achieved by the designs on Figures 4 and 5.
Protecting Florida and Your Quality of Life
Mr. Steven W. Deutsch
January 28, 1987
Page 2
"Process Area And Surface Water Control Containment Area" is not
defined on Figures 6 and 7. If it is an area where hazardous
materials are used, handled, stored or displayed, then direct
discharge to the surface water management system from the oil/water
separator as illustrated, is prohibited by D.O. Section 4(16).
Please clarify these points for me.
Thank you for this opportunity to comment on your plan. If I can
be of any assistance, please do not hesitate to call me at (305)
689-5800.
Sincerely,
Herbert H. Zebuth
Environmental Coordinator
cc: Scott Benyon
Carmen Annunziato
Daniel M. Cary
Robert McVety
John Outland
Robert Kukleski
f,
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January 22, 1987
Mr Steven Deutsch
Deutsch Ireland Properties
Suite 1106 - International
2455 E Sunrise Boulevard
Ft Lauderdale, FL 33304
Subject
Dear Mr
Building
Approval of the Hazardous Waste Continuation Plan
Deutsch
Please excuse the delay in my response.
and offer these comments
cc
x"-- '. ,_', ;-....4
~?':~l _'.. .._..~ _" ~..~
However, I have reviewed the plan
1
2
3.
4.
5
6
On page 2, second paragraph,
state,
page 4, second paragraph, needs some discussion as to how isolation
will be achieved,
page 4, 1 as t paragraph~ it is uncl ear how a curb coul d contain a
spill in an adequate manner,
page 5, second paragraph, seems to assume that disposal would be
done in a proper manner,
page 8, first complete paragraph, should have some test to ensure
both liners didn't fail before waiver of a monitoring well,
page 10, second complete paragraph, there should be some mention of
contamination other than oil,
page 13, last paragraph, the
Coas t, and
the sentence that ends at the top of page 15 is not complete
t'
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l:~" 7
J. t ~o '1
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'. f;~ If you have any Questions, please let me know.
.: [:1 7' uS
! J Terry Vi rta AlCP
, I ~'1 Planning Oi ector
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I think you meant ci ty rather than
fund cannot be administered by Treasure
Carmen Annunziato
Boynton Park of Commerce file
620 So dixie highway
p.o. drawer 396
stuart, f1orido, 33495-0396
phone (305) 286-3313
a. o. hendry, III
chairman
karen t. morcus
vice chairmOll
margaret c. bowman
secretary/treasurer
daniel m. corv
executive director
!!.l?~.P _0-' COUNTY COMMISSIONERS
KAREN T MARCUS
D,It,lel No t Lak. Pa,k
KEN SPILLlAS
Dilt,lel No.2. W.al P,'m S.aeh
JERRY L. OWENS
Dil.,ict No.3. Soulh Palm Such
DOROTHY WilKEN
D'Il,'el No 4. D",a, Such
KENNETH MADAMS
Disl,iCI NO.5. sIInll Glada
COUNTY ADMINISTRATOR
John C. Sen.bury
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PALM BEACH COUNTY
EMERGENCY OPERA TING CENTER
t_ I. I ('1 11,,, r .!. 1 , t 9 8 {j
'Ir Gconre II Zi/lIl:lCrlll.lll
\ice President of DevC'll)lll'lc\lt
Deutch It:'eland PrOtll.rt.J.L's
Suite 1106 Iuternatiollul nUlld.l.nq
2455 E Sunrise lloulevarJ
rt Lauderdale, I'lor.i.(h n W4
Dca r [It:
., .
I.J llnmc n'Ja n
The .:lttach tl
a nd response t' J ]11
directcd to us lJ',
B T KENNEDY. JH
Director
Pelm Beech County Divilion Dr
Emergencv Menegemenl
3723 Belvedere ROlld
WOIl Palm Bedch. Florida 33400
PHONF 683,0880
Civil Defensfl {Roeos'
Radio SI81ion WC4AAG
NOAA We:!lher Radio
SIalion KEC 50 {All'
r-- k'!:JlI~lj'VlI~1 {'J'
l.~! )\P~~tt !..~ 'A_~.J
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II] iln!OI\S n,lt, ri.:J\ (_Jlllt."\1'1.illat.ioll Pn CIlU{,n
f r' r 1-1 \l I ~"/ \l L \ 11 n I -1l h P 11. k {, f 1_ n ITlllle r r e Hi'S
yo"r {)f r it I r, ,- I C' i f'ld
Our. rc\ ie",' \,,. '-Iii!' r" II I~; 1/ lilt "lIL tcs}' tp .Inti j!1
.s u P po l- t I) [ t 11" t. j !. 1 l' I n r I !I t I J i I 11 I" I I ,i' U ':1I\ d t-I \l I t. -I ' 11"
U)i:\st Hcqi0I1.11 1 ['I"'dlll IlP\JlLiJ 111 lttlrh0d t"LC..)fTl,'Il...II,lr 1
additions, del(.tiul1~..;, ,1Il1..I cl"ll1Jr'~: tl' thl' ('1-111 .1n" subj(L.l Lt.
the concurrence of thi.." Ci t\ o[ Bc'vl1tr)1l BeLIch in consu-' tation
with the Trcas'.Jl"C COLlst Hc<,ion,11 prlllrdnq Council.
To trovide .111 .111dl't-~t""!lIdill' \:'1f nlll' f"'
mended i:\nH:~nc1mellts to t-Iw [t.-'ll ill I Ill' lorm
additions and slril'c-f)lIl'; (':'11- d, 1'-'-]1 ']~3
the -1'0110\-.1 i nq ,.. \"1 n 11\\'"' 1\ t ~~
... i ow, 'oll? S ho',! rl cr 1'1-
of undcrl illcy r ,n
In cH.1c.litiol1, '.ve 1!1,1~C'
1. Thc P \-lll I It" fl' I ':1' III I ( !" ill llll'llts { r (/JIlt! it i(ll' 17
of the ().'\p}npm<'llt: PI t11 I, 1'1 di nallec No 84-:>1 uf thC'
City nf Bt')lltpn I1l'H:h ill tl1,ll- ii- 1)l1l.y pLovide~; tjCI1Cl'~ll
qllilh'ljl1('~~ for 1.1" dc' 1.,1 11111'1 lit of In7C1nll)l1s m'-lt-eriilL.
c0nli1mil1.1tinI11'~~I' 11' l'[l!'llll IIlIUH'l' tlelc'lclt(';,; tip
re~pnl1511d 1 i') I-I I I'dl. i 11'1 ~~Il(11 1,1 ]IlS to fllllll-'
tcn.:1nt~~
(morL)
._----------------_._-~-
lJeutch Ireland PIPpel Li.l.'.;
rage 2
'7
V'J~~
~~lpD
S(~tenIDer 23, 19RG
2
1\n inlt'n"11 alarm Illd Cl'""11l.lIlh ,:ttiOll sistem shc..'ulLl lJe
providt'c1 to illcl"~ ,.tltl ,~.. 1.11 Ihp r1cility to iln ,Jt_ci-
dental spill or 1("1('l~(, 01 In.'ardous materials
3
'I'he plilll should IC"lllirc t.he' proper trilining of all
personnc t pr lor to the i ruse, hr.H1d 1 i ng or s tora'10 of
hazardous materials Heldtive to the position in
which they (lrc cmp1oiC'u, indi.vic1uills should be required
at all Limes to be capable of demonstrating their knowl-
edqe and cOlllp,,'lencc of llsillfl, handling, and/or storage
of hazardous m.lteridls in c01t'pliallce with 40 CFR 264 16
and this plan
4
The pl.:lll should H"{uil' -1 11!,,'cscntJ.tivc of (,ilel) filLiIity
to film.i.li.,ri7l 1('III'SIIlL-Ili" of ht'lh the UO}lIlon BeLIch
Police U""l'llrl.llIl'lJJ- l\.J tit l\'~ nten Bl ~Ich File Dcparlll1L1lt
with tltc l,)~ "Jut "I t II It I 1t. i I i t~, PI-IlI'Cl-tlC:=j 0f h-Izlnhus
was te h<lll t I cd at (' lc.h f lL i 1 i l.i nnd .;ISSOC it.l ted IIC.! za n1s,
places where (.:Ie i 1 i t Y pcn;;l'IlIlI.d \I.'ould norma 11 y be \I1orki ng,
entrances to and roads insic1r- the facility, and possible
evacuati0n routes
The plan sholl I d iLkn t i f1' J (lcal hospi tills and such hospi tals
should be fatr.iliat-izr'd with the proLJerties of hazardous
mat.C'rials lI~cd .:Itlll) f-lei I Lt"). <:lml the ty~ep, (lf injuries or
illnesses \~.lti(.h could n~u(l from fires, explosions or
relE'1Sl''3 "I t thC" rlC i 1 i t.~
6
1'11(' p1.:1I1 !;ltclllld ,I,'; I i!!l ill dlLlj 1, the aclions facility
pCr~IJIHlll 1I111~~t l-ll I' l(l t."()II!( 1\ wi th -10 CI H Plt"tS 2(,(1 ';1 and
26..1 r;t, il Il SP~)l1'; tl'! j If ~~, L'!,]l'~.;iOI1S, or an'} ullplanned
s uddt"'n I I II' '11- !; III I I II I It_" ~ f (l r lli.l-~ ll-dous l1lil h I 1.1 J s or
l1il:::c1nlnll~ W1Stc' Cdll~t i 1-lIl'llt.; tu uir, soil at' SUrfilCf' \I1c1tcr
7.
'l'here shuuld be no under'J ll'l.l\li s toraqc tanks ^11 above
ground stationari stUl..HIL' tanks must be installed in
compliance \I1ith Ch~lptlr 17-(,1, J'lodda i\dministrativc Code
8
Fi~un' ) ll1' the pLllI p,,'ll1l11s L1IL' U"lIls(crrt11 ur 1J1lza....dous
wash.' liquid [r001 thc' "HIIIl(' ['UIIlP l(l ue cont.:1incrizcd for
disposal in 1n 1}(,:1 not pn1t€'ctcll by the double liner
This ~holJld nnl: bp il t lC1\\lctl
( mo n' )
r--l r Geo rq e \'1 7. i Il1fll'..:' rill.:'! 11
Sel'temiJl'I" 21, If)(Hi
..J:itrrt 9 Even thouql\ Llll' Dl'\.'C.1ul-'tnl nl l)n]C'r, Ordinance No R4-51
rf1:- _ docs nL'lL t'('~lllit:l' lite 11, vc'l()lH t~ to illstall a m.1stcr
I.Jtti' ilrll,)/ ground W.:ltcr mOld h'lt inq sy:-;h!ln to rnonitor the qua lity
I":)JI' ? ~: of the qf ol.lnd '.v,' t l r \tllttC't" t\ j 11'.1 t.he dC'velopmcn t as it
V ;; whole; ilnd dllC'~ ~Jil;(~ lIll' de\'C'lopC'r the option of
\.~ ~ ,., d/ rcquirin~1 C'itch tL'll<1nt tn instilll individual facility
~- .A5~..,.JY: monitorinq \"0115: the 1'1<111 does not meet the rcquirc-
..tlAl~1 ('~ ments of conlliti.on 1G of tlH' onHnance for an early
I"';"~I . ~ " wurninq lllnn i to t- i J1 1 ~; > S h~ll' TlIe p 1 1.n requi n's the
P1 ten.1n t tL) ins t~ll] !!lllll i to t: i nl) we 1 J.5 en ly after <1 known
., .:\nd rC'pot tell spi 11 ('[ In~~H d"lIS w..\stC' products The
plan i.s void of 111)' S)~:lLnI t~) lh tu:t contaminants
entering qlolllld wall'l- lIndC'! t') i_Wl i1 f1.cility from
unknown i1. n<11 Of" un I'f'p~)f- t ed !'q'i lIs
10 l1atcr i.:t t d1L1 Sl fll) shc'C'L:-; n.~fC'n'nced to i\ppcnrli'( "1\"
is not shm~'n
c; i nee n...t ~ ,
)
~) 1> Kc lle' y, Jr'{ -
Difcctor, Palm Bea~y
ni v of Emergency t-la.nagcment
DTK fd
Attachment
Information Copies
t-1r. Carmen J\nnunzia. to, r Illnn i nq oi rL'ctor, Ci ty of Boynton Beach
ris L. Christine 13Cllitz, DIU Coonlill<1tor, Treasure C:J.:lst Regional
Planning Countil
BOARD OF COUNTY COMMISSIONERS
KAREN T MARCUS
Olltrlct No. 1 L.k. P.rIl
KEN SPILLlAS
Olstrlet No.2. Welt p.lm Be.ch
JERRY L. OWENS
Dlltrlet No.3. South P.lm Beech
DOROTHY WILKEN
Olatrlet No.4. Oelrey Beech
KENNETH MADAMS
Olltrlet No.5. Belle Glede
COUNTY ADMINISTRATOR
John C. Sen,bury
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,<- .;;" -." ~~.-,-,.
Pelm Beech County Dlvl.lon of
Emergency Manegement
3723 Belvedere Road
West Palm Beach. Florida 33408
PHONE:883-0880
Civil Defense (Races)
Radio Station WC4AAC
NOAA Weather Radio
Station KEC-50 (Alt.)
-. ~
B. T KENNEDY, JR
Director
PALM SEA CH COUNTY
EMERGENCY OPERA TING CENTER
November 26, 1986
Mr Steve Deutsch
2455 E. Sunrise Blvd.
Suite 1106
Ft. Lauderdale, Fl. 33304
Dear Mr. Deutsch:
Our review of your Boynton Beach Park of Commerce docu-
ment was from the perspective of a hazardous material contam-
ination prevention and response plan Our recommendation that
you not be permitted underground storage tanks was intended to
mean for the storage of acute toxic chemicals identified in
40 CFR as adopted by the State of Florida as Chapter 17-30, FAC.
It was not intended to prohibit the storage of ordinary
petroleum products as long as the installation of such tanks
was in compliance with Chapter 17-61, FAC or was not otherwise
prohibited by the City of Boynton Beach.
BTK fd
Information Copy:
Mr. Carmen Annuniato
Planning Director, City of Boynton Beach
COfc..w ~.'
JtI3 ~cz..{
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xM
GUIDELINES FOR THE
PREPARATION OF TENANT
HAZARDOUS MATERIALS
CONTAMINATION
RESPONSE PLANS
QUANTUH PARK
Prepared by:
Resource Enqineerinq and Planninq, Inc.
Palm Beach Gardens, Florida
Prepared for:
Quantum Associates
Fort Lauderdale, Florida
version 5.0
September 21, 1987
versions 1.0-4.0
Prepared by:
Law Environmental Services
Marietta, Georqia
~
-------
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.0
SECTION 6.0
SECTION 7.0
SECTION 8.0
TABLE OF CONTENTS
Paqe
INTRODUCTION
GUIDELINES FOR THE STORAGE
OF CHEMICALS AND HAZARDOUS
MATERIALS
GUIDELINES FOR STATIONARY TANKS
GUIDELINES AND REQUIREMENTS FOR
REPORTING ACCIDENTAL
RELEASES OF HAZARDOUS
MATERIALS
EMERGENCY RESPONSE TEAM
COORDINATION WITH THE LOCAL
HAZARDOUS MATERIAL
CONTROL UNIT
GUIDELINES FOR EMERGENCY
GROUNDWATER MONITORING IN
THE EVENT OF AN ACCIDENTAL
RELEASE OF HAZARDOUS
MATERIALS
GUIDELINES FOR THE DESIGN OF
SURFACE WATER MANAGEMENT
AND SPILL CONTAINMENT
STRUCTURES AND FACILITIES
GUIDELINES FOR THE DEMONSTRATION
OF FINANCIAL RESPONSIBILITY
APPENDIX A - FIGURES
,
Figure 1 - Master site Development Plan
Figure 2 -
Figure 3 - Typical Type II Monitoring Well
Construction Design
Figure 4 - A Typical Plant site Surface
Water Control and Chemical
spill containment and
Separation System~
Figure 5 - A Typical Plant site Surface
Water Control and Chemical
spill containment and
Separation System
Figure 6 - A Typical Plant site's Runway
and Process Area using a
Sump Collection System
Figure 7 - A Typical Plant site's Runway
and Process Area Using a
oil/Water Separator System
Figure 8 - Oil/Water Separator
Figure 9 - Oil/Water Separator with
petro-pak
APPENDIX B - CITY OF BOYNTON BEACH ORDINANCE
NO. 84-51 WITH EXHIBITS
APPENDIX C - QUANTUM PARK GROUNDWATER MONITORING
PLAN
GUIDELINES FOR THE PREPARATION OF
TENANT HAZARDOUS HATEIUAIS CONTAMINATION RESPONSE ~LAHS
QUANTUM PARK
Each owner of property in Quantum Park shall comply with all
federal, state, and local statues, ordinances, rules, and
regulations. In addition, this document sets forth guidelines
for the preparation of tenant hazardous materials contamination
response plans which are required by state and local agencies.
I. INTRODUCTION
Quantum Park is a 539.9-acre development between Fort Lauderdale
and West Palm Beach, Florida. The park is situated north and
south of N.W. 22nd Avenue in Boynton Beach, Florida, adjacent to
Interstate 95 (see Figure 1). The park is bounded on the east by
1-95 and the CSX Railroad, on the south by Canal C-16, on the
west by Canal E-4, and on the north by undeveloped property. It
is anticipated that the primary uses of the development will be
30.4 acres commercial, 133.1 acres office, and 197.6 acres light
industrial. The remainder will include a sand pine preserve,
city park, and road rights-of-way.
For the purpose of this document, administrator of the
"Guidelines for the preparation of the Tenant Hazardous Materials
contamination Response Plan" shall be the Quantum Park Property
Owner's Association, Inc., a not-for-profit corporation. A
tenant shall be defined as an owner or leasee within Quantum
Park. An owner shall be defined as the record owner or owners of
---
the fee simple title of a platted lot within Quantum Park. A
leasee shall be defined as any person or persons who lease a
portion of a platted lot or any improvement thereon.
1
Prior to occupancy, each owner or leasee that uses, handles,
stores, displays, or qenerates hazardous waste defined~in 40 CFR
Park 261 (7-1-85), or hazardous materials or regulated chemicals,
shall meet the requirements of condition 16 of ordinance 84-51 of
the "Ordinance of the city of Boynton Beach, Florida, approving a
comprehensive development of regional impact (DRI) for a proposed
industrial office park comprising of approximately 539 acres
located in the city of Boynton Beach, Florida, pursuant to
chapter 380, Florida statues 1984, subject to special conditions,
desiqnatinq the city manaqer of Boynton Beach as the local
official responsible for assuring compliance with the
development order", (Appendix B).
The regulated substances described in 40 CFR Part 261 shall also
include all waste materials which exceed the limits for
ignitability, corrosivity, reactivity, or EP toxicity as outlined
in 40 CFR Park 261.20, 21, 22, 23 and 24. In addition, the
following materials and uses shall be prohibited:
1. Dioxin and dioxin-containing materials.
2. Materials or substances containing PCB's.
3. Semi-conductor manufacturing facilities.
4. Wafer/chip manufacturing facilities.
5. Underqround storage tanks for hazardous waste or
hazardous materials (Except those facilities which
receive, store or use petroleum products or those
products exempted in 17-61.04 of the Florida
Admionistrative Code).
6. Surface impoundments.
7. Landfilling or burial of waste materials.
This document provides guidance for the preparation of Tenant
Hazardous Materials Response Plans as required by city ordinance
84-51. The application for a hazardous waste facility permit
must be completed by all persons who own or operate, or who
2
intend to construct or close, a hazardous treatment, storage, or
disposal facility as identified in section 1.7-30,' Florida
Administrative Code (FAC), unless exempted in accordance with
section 1.7-30.27, FAC. No regulated material shall be used,
stored, handled, or manufactured for any purpose within 60 days
of the date that the Tenant Hazardous Materials Response Plan and
the necessary permits have been filed with and approved by the
appropriate regulatory agencies.
This document does not relieve the owners and leasees of the
normal reporting, manifesting, and regulatory procedures required
by federal, state, or local agencies in the handling, storage,
inventory, and reporting procedures for hazardous wastes.
Application for a hazardous waste facility permit, per form 17-
1..207 (3), must be completed in accordance with the requirements
of section 17-30 of the FAC. The owner or leasee shall also
prepare a Safety Plan and a contingency Plan as outlined in 40
CFR Parts 264.51 and 264.56. These plans should identify local
hospitals, poison centers, and other emergency facilities.
This document provides an overview to assist owners and leasees
in identifying potential problem areas that might be encountered
in early planning st.ages and provides the methodology for
reporting of hazardous material leaks or spills, assessment
programs, and demonstration of financial responsibility. This
document does not attempt to address all the details outlined in
the Federal Register for hazardous waste storage, treatment, and
disposal facilities.
This document provides guidance for the following items which, as
required by Ordinance 84-51, should be incorporated into each
Tenant Hazardous Materials contamination Response Plan..
Guidelines for the storage of chemicals and hazardous
materials.
3
Guidelines for stationary tanks.
Guidelines and requirements for reporting of accidental
releases of hazardous materials.
Emergency response team coordination with the local
hazardous material control unit.
specifications, guidelines, and requirements for
emergency groundwater monitoring in the event of an
accidental release of hazardous waste.
Guidelines for the design of surface water management
and spill containment structures and facilities.
Guidelines for the demonstration of financial
responsibility.
2.0 GUIDELINES FOR THE STORAGE OF CHEMICALS AND HAZARDOUS
MATERIALS
The guidelines for the storage of chemicals or hazardous
materials identified in this section are in addition to the
requirements specified in the Florida Administrative Code, the
Code of Federal Regulations, and appropriate National Fire
Association Standards. It is the responsibility of the owner or
leasee to design and construct chemical storage facilities which
meet or exceed the requirements specified by applicable agencies
or groups. No regulated chemicals or hazardous substances shall
be stored, used, or manufactured at the tenants facility within
60 days of the date that authorization has been granted by the
appropriate regulatory agencies.
The chemical or hazardous material areas shall be isolated from
pedestrian and vehicular traffic by a physical barrier such as a
wall or fence. Access points to the areas shall be locked to
restrain unauthorized admission. Signs shall be posted to
identify all chemicals or hazardous materials stored at the
facility. In addition, "Danger-Keep Out" and "Unauthorized
4
Persons - Keep Out" signs shall be conspicuously posted.
The chemical or hazardous material storage areas shall be
contained by totally surrounding each area with berms or curbs.
The height of the curbing shall be determined by calculating the
volume of the head space contained within the berms or curbs and
shall be equal to 150% of the maximum storage capacity of the
tanks and drums plus 6 inches of free board. The floor system
shall be sloped to drain to a designated sump for each storage
area. The floor and sump shall be lined with low conductivity
materials such as High Density polyethylene Sheet, or a suitable
chemically resistent expoxy paint, in a similar manner to that
shown in Figure 2. The storage area shall be covered and the
storage area and sump isolated from runoff.
Potentially reactive chemicals shall be stored in separate
storage areas. Chemical storage practices shall follow the
principles of segregation, isolation, and protection specified by
the National Fire Protection Association. In no case shall
strong oxidizing chemicals be stored with potentially combustible
materials or flammable liquids. In storage areas containing more
than one type of chemical, each chemical or waste material shall
be identified on a clearly visible area of the storage tank. The
area shall be marked to identify the most severe health,
flammability, or reactivity hazard present. The storage tanks or
containment facilities shall be specifically designed and
certified for the chemicals or hazardous materials which they
contain.
Any hazardous material or chemical spilled or used to clear the
chemical containment system shall be collected and drummed from
the sump and recycled or disposed at a licensed hazardous waste
facility. The design of the containment system is the
responsibility of the owner. The schematic shown on Figure 2
represents one possible alternative The Surface Water
5
/'
Management Permit may require individual owners to install
groundwater monitoring wells concurrent with development of
individual parcels.
3.0 GUIDELINES FOR STATIONARY TANKS
Owners or leasees who plan to install underground storage tanks
to receive, store, or use petroleum products shall comply with
Chapters 17-61 of the Florida Administrative Code and any
additional state of Florida regulations. The tanks shall be
designed to prevent releases due to corrosion or structural
failure for the operation life of the tank. The tanks shall be
cathodically protected against corrosion or constructed of non-
corrosive material or shall be designed to prevent the release of
stored substances. The tank material or lining shall be
compatible with the substances being stored.
~-
At least 10 days prior to tank installation the owner shall
register the tank with the Florida Department of Environmental
Regulation (FDER) using the Federal/state storage Notification
Form (17-1.21B(5)) and any other forms required under federal or
state regulations. This form provides details regarding the
size, location, depth, and construction of underground storage
tanks. All underground tanks shall be designed and constructed
to prevent discharge of the tank contents to the land,
groundwater, or surface water. Acceptable tank constructions
include cathodically protected steel, glass fiber-reinforced
plastic, steel clad with fiber-reinforced plastic, or an
equivalent material approved by the FDER.
The tanks shall be equipped with a strike plate beneath the fill
pipe and gage opening. A leak detection and spill monitoring
system shall be installed at the time of tank installation. This
monitoring system will consist of one of the following:
6
--
1. A continuous leak detection system between the walls of
a double-walled tank; or
2. A single monitoring well inside a double-lined
containment barrier; or
3. A continually operating leak detection system inside a
double-lined containment barrer; or
4. A network of 4 monitoring wells placed on the
excavation around the tank as described in 17-61.05 of
the Florida Administrative Code; or,
5. An alternative detection system approved in advance by
the FDER.
4.0 GUIDELINES AND REQUIREMEH'l'S FOR REPORTING ACCIDENTAL
RELEASES OF HAZARDOUS MATERIALS
After each owner or lea see has met the requirements of the state
and federal regulations and the city ordinance 84-51 regarding
storage and handling of hazardous waste, the owner shall contact
the fire department and police department to make arrangements
for a preplan emergency response meeting. The phone number of
the Boynton Beach Fire Department is 734-8111, Ext. 451.
Prior to the preplan meeting, the owner shall have completed
material data safety sheets (MSDS), as required by OSHA, on all
chemicals which may be stored on site. Copies of the MSDS shall
be provided to the fire department. Additional copies shall
remain in the plant for the employees to read.
The owner or leasee shall contact the fire department and police
department and arrange for a site visit to:
1. Review the MSDS.
2. Quantify total chemicals and storage area facilities.
3. Assess sprinkler systems and fire-fighting equipment.
7
-------r--
4. Evaluate site logistics and general operating
procedures. ~
5. Meet with the assigned emergency coordinators.
6. Designate the Plant Emergency coordinator(s).
7. Discuss emergency evacuation procedures.
The purpose of this meeting is to provide the fire department
available information necessary to respond promptly in an
emergency.
5.0 EMERGENCY RESPONSE TEAM COORDINATION WITH THE LOCAL
HAZARDOUS MATERIAL CONTROL UNITS
In the event of a sudden release of hazardous materials the
following procedures shall be followed:
o Call the Boynton Beach Fire Department and Police
Department at 911:
Give the plant's name and location
State whether emergency is:
First Aid
Fire
Hazardous Waste Release
o Call the Plant Emergency Coordinator(s) to be on-site
to assist the fire department. (If not at the plant
site. )
o Call the Palm Beach County Division of Emergency
Management at (904) 488-1320 and report the accident
using a Reporting Form for Emergency Events or equal.
o Call the Palm Beach County Health Department at (904)
820-3000 and report the incident.
8
o Call the National Response Center number at 1-800-424-
8802 and report the accident using a Reportin~ Form for
Emergency Events.
o Assist in the removal of all non-essential personnel
from the area. Coordinate remedial activities with the
Boynton Beach Fire Department Hazardous Waste Response
Team.
o Contact the groundwater monitoring team to install
wells (if necessary) and to assess the impact of the
release on local surface water and groundwater quality.
6.0 GUIDELINES FOR EMERGENCY GROUNDWATER MONITORING IN THE
EVENT OF AN ACCIDENTAL RELEASE OF BAZAROOUS MATERIALS
In accordance with ordinance 84-51, Quantum Park has prepared an
early warning monitoring plan for hazardous materials which has
been approved by the South Florida Water Management District
(SFWMD). This plan, which is attached as Appendix C, identifies
the groundwater monitoring strategy at Quantum Park. This
strategy consists of plan development, monitoring design and
construction, baseline sampling and analysis, and ongoing
sampling and analysis.
Prior to site development, monitoring wells will be placed at
nine locations within the industrial sections of Quantum Park.
Sampling of these wells will confirm baseline conditions on the
site and will provide for on-going surveillance of groundwater
conditions. However, accidental releases of hazardous materials
will require additional activities which are to be incorporated
into the Tenant Hazardous Materials Contamination Response Plan.
First of all, following the release of hazardous materials, the
9
owner or leasee shall comply with all federal, state, and local
regulatory requirements governing groundwater monitoring. In the
event of an accidental release of hazardous materials in the
storage area, the hazardous materials collected in the chemical
spill sump will be removed and recycled or disposed. Following
removal of the hazardous material from the sump, the chemical
spill sump and containment area shall be cleaned to remove
hazardous materials to acceptable levels for safe operation. The
leak detection layer shall be monitored following the spill to
assess if leakage penetrated the double liner system. If
constituents of the spill are present in the detection layer and
a hydraulic head sufficient to cause flow through the liner are
detected following the spill, monitoring wells shall be
installed as discussed subsequently. No additional groundwater
monitoring is required if there is no flow through the double
liner system, unless required by the Surface Water Management
Permit.
In the event of an accidental release of hazardous materials to
the surface water sump which drains the runway, parking areas and
loading dock, the required level of remedial action will depend
upon the design option. If a double liner and leak detection
layer are installed under the runway then the spill area and sump
shall be pumped dry and cleaned to acceptable levels. The clean-
up levels shall be approved by the appropriate federal, state,
and local regulatory agencies. No groundwater monitoring will be
required if a double liner system is used and the spill is
contained within the area draining to the surface water sump
unless more than deminimus leakage is detected in the leak
detecion layer, or unless required by the Surface Water
Management permit.
If a double liner system is not installed, then within seven (7)
days of the spill, a minimum of 4 groundwater monitoring wells,
screened from the water table to a depth at least 10 feet below
10
\
the water table, shall be installed at or near the perimeter of
the containment area. Figure 3 shows a typical well construction
detail. One monitoring well shall be installed up-gradient of
the spill and three (3) wells downgradient of the spill. The
wells shall be monitored monthly for a period of 12 months for
the specific hazardous constituents which were spilled and which
were used in the clean-up effort. If, after 12 months, the
constituents are not detected in the groundwater samples obtained
form the monitoring wells, sampling will be terminated. At that
time, the monitoring wells may be closed by filling the riser
pipe with a cement bentonite grout mixture to the top.
-'
In the event that a spill occurs in an area which does not drain
to a surface water sump, or if an overflow condition causes
hazardous materials to overflow the containment area, immediate
action may be required to intercept potentially contaminated
surface water and prevent it from entering the surface water
retention basins. One surface water sample shall be obtained for
every 200 lineal feet of contaminated ditch or runoff area. One
additional monitoring well (total of 5) shall be installed
immediately downgradient of the affected area. Clean-up of the
affected area shall be to the levels prescribed and approved by
the federal, state, and local regulatory agencies.
7.0 GUIDELDIBS FOR THE DESIGN OF SURFACE WATER IlANAGEHENTAND
SPILL CONTAINMENT STRUCTURES AND FACILITIES
The owner or leasee shall comply with all rules and regulations
from the federal, state, and local agencies governing the design
of surface water management and spill containment structures
All drawings and plans must be submitted and approved by the
appropriate agencies prior to construction.
Surface water discharge containment and hazardous chemical
11
--
containment shall be addressed in the design of the facilities.
The surface water runoff from the runway, parking areas, and
loading dock at the plant site shall be contained, collected, and
treated using an oil/water separator system to remove any
floating substances such as oil or gasoline. The collection
system may be gravity controlled or collected or pumped. In the
event a pump system is used, the water or fluid level in the sump
shall be maintained at a pumped-down level so that the sumps
always have adequate capacity to completely contain and store
liquids from spills and clean-up efforts.
The rules and regulations for construction of surface water
containment system and hazardous waste containment systems shall
be researched and combined with the needs of each specific
facility's requirements. The components of the containment
system shall resist chemical degradation which could result from
exposure to the chemicals used at the owner's facility.
Figures 4 and 5 are two general examples of a typical layout
showing surface containment control and hazardous waste control.
These figures are examples only and are not represented as being
appropriate for any particular parcel. Figure 4 shows a surface
water control system which collects the runoff from the runway,
parking area, and loading dock in a small collection sump which
is then pumped into a central collection sump and transfer
system. Because of facility layout, there may be more than one
collection sump feeding a central collection sump. Surface water
runoff is then fed into an oil/water separator system. The
treated water is discharged to the surface water management
system. Any material collected is drummed and sent either to a
hazardous landfill or recycled in the plant.
Figure 5 shows a simpler arrangement using an oil/water separator
for both the collection and treatment of surface water runoff.
The surface water runoff is directed by gravity flow into the
12
"'.
......'"--..~,--
below grade oil/water separator. The treated water is discharged
by gravity into the surface water management system. The oil is
skimmed from the top and collected in drums for disposal. The
system suggested in Figure 5 has a lower capital equipment cost
but may require additional planning and site grading.
Figure 6 shows a surface water control area with a secondary
containment system and a collection sump which pumps to the
central collection sump. The transfer pump is controlled by a
level control probe immersed in the pit alongside the submersible
pump. The level indicator activates a switch which turns on the
pump. As the level of the liquid falls, the float switch
continues to fall with the liquid level until the lower set of
switches is activated shutting off the pump. Secondary
containment may not be required in the surface water controlled
area, but is offered as an alternative.
Figure 7 shows the surface runoff control area using the
separator for both containment and treatment. This system is
gravity fed and discharged. The system may require the use of a
pump if proper grades cannot be achieved.
The primary device used to treat surface water runoff from the
runway, parking areas and loading dock is the oil/water
separator. Figures 8 and 9 illustrate two different types of
oil/water separators. Figure 8 shows a McTighe standard
oil/water separator with a mechanical oil removal system. Figure
9 shows a McTighe separator with Petro-pak and a mechanical oil
removal system. There are many variations of these units
depending on the specific treatment objectives, volume flow rate,
regulations, and site logistics.
The oil/water separator should be designed for constant operation
and low maintenance. As oily influent flows into the separator,
oil and sludge area removed and clean effluent is discharged to
13
the surface water management system.
The oil/water separator consists of a stationary tank full of
water, having an inlet at one end directing the incoming oily
influent over a specially designed heavy corrugated plate, set at
a 33-degree angle. Initially, the flow is reversed and the
influent passes over the corrugated plate. The corrugations
induces agitation causing the soils or lighter density substances
to break away. As the oil rises, it is joined by the other
droplets of oil which, due to their buoyancy, rise rapidly to the
surface. The rate at which the soils and other floating
industrial waste raise to the surface depends on the oil droplet
size. The larger the droplet, the faster the rate of rise and
separation. Sludge or heavy solids within the stream settle to
the bottom of the separator, collecting at the center sludge
baffle plate.
The second phase of separation begins as the influent is directed
between an inclined arrangement of corrugated parallel plates,
stacked upwardly, sloping at a 45-degree angle and spaced 4
inches apart to prevent fouling by debris or gummy solids. It is
here where buoyancy forces cause smaller oil droplets to rise and
coalesce into sheets of oil on the underside of each of the
corrugated plates, creep up to the surface, and finally break
loose at the top in the form of large globules.
Clean water flows in a downward path to the outlet where
clarified water is permitted to escape from the lower regions as
the separated oil is withdrawn from the surface. The oil is
collected and drummed for recycling or disposal. The sludge is
collected and disposed at a licensed solid waste disposal
facility.
It is the responsibility of the owner or leasee to design or
provide documentation for approval of the surface water control
14
'..
and hazardous waste containment systems
The containment areas and oil/water separators shall only be
provided in the parking areas, truck runways, loading ramps and
docks, and chemical storage areas, where regulated chemicals or
hazardous materials are likely to be transported
8 0
GUIDELINES FOR
RESPONSIBILITY
THE
DEMONSTRATION
OF
FINANCIAL
No regulated chemicals, hazardous materials, or hazardous
wastes shall be handled, stored, used or generated by any owner
or lea see until 60 days after the date on which said owner or
leasee shall establish financial assurance for closure of the
facility in compliance with 40 CFR 264 143
Each owner or leasee that handles, stores, uses, or generates
hazardous wastes shall establish financial assurance for
closure of the facility by choosing from the options as
specified in paragraphs (a) through (f) of 40 CFR 264 143, by
satisfying all requirements of such option chosen and securing
the approval of the appropriate regulatory agencies, and by
otherwise complying with 40 CFR 26 140-150
In accordance with 40 CFR Section 264 142, the owner or leasee
shall prepare a cost estimate for closure and post-closure care
of the hazardous waste containment structure The estimate must
15
0003H
be prepared in current dollars for the point in time during the
operation of the structure when closure or remediatioR would be
most expensive, as stated in the closure plan (see CFR Part
264.112a)).
The owner or leasee shall adjust the closure and post-closure
cost estimates each year within 30 days of the anniversary of
the approval of the financial demonstration. The adjustment in
the cost estimates shall reflect inflation and changes in the
operation of the facility which make closure or post-closure more
less costly.
The owner or leasee shall establish financial assuranc~ for
closure and post-closure care of the facility using one or more
of the following options:
1. Trust fund.
2. surety bond guaranteeing payment into the closure and
post-closure trust funds.
3. Surety bond guaranteeing performance of closure and
post-closure.
4. Closure and post-closure letter of credit.
5. Closure and post-closure insurance.
6. Financial test and corporate guarantee for closure and
post-closure.
The closure and post-closure plans and cost estimates shall be
prepared and certified by a registered professional engineer and
shall be approved by the EPA Regional Administrator and other
regulatory agencies. The basic requirements for the financial
assurance options are stated in 40 CFR Parts 264.143 and 145.
In addition, each owner or leasee that handles, stores, uses, or
generates regulated substances shall "demonstrate financial
responsibility for bodily injury and property damage to third
16
f
parties caused by sudden accidential occurrences arisinq from"
the operation of the facility (40 CFR Part 264.147). ,The owner
or leasee shall maintain liability coveraqe for sudden accidental
occurrences of at least $1,000,000 per occurrence with an annual
aqqreqate of $2,000,000 excludinq legal defense costs. The
liability demonstration requirements are stated in 40 CFR Part
264.147.
17
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to
Appendix B
City of Boynton Beach Ordinance No. 84-51 with Exhibits
J.
ORDINANCE 1"0 g J.f.~/
I / I
Cc r,'(r:
~
,,-gHt~
,/
ORDINANCE OF TilE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING A COMPREHENSIVE DEVELOPMENT OF
REGIONAL IMPACT (DRI) FOR A PROPOS~D INDUSTRIAL
OFFICE PARK COMPRISING OF ^ppnOXIMAT~LY 539 ACRES
LOCATED IN TilE CITY OF BOYNTON BEACH, FLORIDlI,
PURSUANT TO CHAPTER 380, FLORIDA STATUTES 1984,
SUBJECT TO SPECIAL CONDITIONS, DESIGNATING
THE CITY MANAGER OF BOYNTON DEliCH liS THE
LOCAL OFFICIAL RESPONSIBLE FOR ASSVRING COMPLIANCE
WIT" THE DEVELOPMENT OR~En
WIIEREAS, RITECO DEVELOPMENT CORPORATION, a Florida
Corporation, has filed with the City of Boynton Beach an
Application for Development Approval of Comprehensive Development
of Regional Impact, and
WHEREAS, th... p~oc..din9. ~elate to a propo.ed regional
industrial office and commercial park comprising approximately five
hundred thirty-nine and 9/10 (539 9) acres, located in the City of
Boynton Beach, Palm Beach County, Florida, generally east of
~.
Congress Avenue and we~t of Interstate 1-95: and
WIIEREAS, the City Council of Boynton Beach, as the governing
body having jurisdiction, is authorized and empowered to consider
. appl1catipns for dev.~opment approval of developments of regional
impact pursuant to Chapter 380, Florida Statutes (1984), and
tlllE~~AS, upon p~~lication and furnishing of due notice, a
public hearing in th~~e proc.edinqs was held October 23, 1984,
before the Planning and Zoning Board and November 8, 1984, before
the City Council of Boynton Beach; and
WHEREAS, said City Council has considered the testimony,
J
~~ .).
I.
~
reports and other documentary evidence submitted at said public
hearing by Riteco Development Corporation, the Treasure Coast
Regional Planning Council, the Boynton Beach staff, the Boynton
BeaCh Planning and Zon1ng Board, and the public and
,
1-oj
_f
~..
..
.. "
f
WHEnEAS, the City of Boynton Beach and the applicant, Ritcco
Development Corpor~tion, a9ree that the proposed Development of
Reqi~pal Impact, which is the subject of this Development Order,
will result in a substantial impact on the existing civic and
non-recreational facilities of the City of Boynton Beach In
recognition of such impact, Section 34 of the conditions for
approval have been included herein
WlIEREAS, said City Council, has considered all of the
foregoing
NO\'l, TIIEREFORE, BE IT ORDAINED by the Ci ty Council of !Joynton
Beach, that said City Council makes the following findings of
fact
Section 11
^ notice of public hearing in these proceedings
wa. duly published in
i
general airculation 1n
The Post Extra,
9/6/04
,
a newspaper of
West Palm Beach
, Florida pursuant to
Section JBO 06, Florida Statutes, and proof of said publication has
been duly filed in these ~roceedings
.- \
r Upon' consideration of all matters ~rescribed in
"
Section 3BO 06 of the Flori~a Statutes, it is determined that
Section: 21
, .;
.\ 'A ' "'The- devel'opment 'is not. 'located in ana.rea of '
-.-~..,.t... ..,.,.. .-'"r"; ..,~; 'r
,R,:i_tl:cal ![Itate cO'!!cerri ....
! B ~,t ~The deve),op!"ent does not unreasonably interfere with
,.
I'
'1J~~~.(, .;~
"'. f
and ~s no~_lnc~psist~n~ wit~ the,a~hievement and the objectives of
s cate hn~ d~velopment .plan
C The ~evelopment is consistent wi~h local land
Y "t'
~evelopment,~:re<;l~lations and is;..con~ i.sten~ with .I:"'e report /lnd
..." ~ r '. f..t,.... ~...- , f ~
;., ;,recom!llendat1.ons pI! .thh'.r Tre..u.re Coa"t:RegionalJ;.-P.lanningCo~f\cil. on
.- L ~,: j. .". ,.: 1'~.!j l"'~;i.. f.;~; !.
't file in !:.he!!e proce~~in98 r. r .t
.~..
Section 3
, The City ~ouncil has concl~ded as a matter of
.
law that these proceedings have been duly conducted pursuant to the
pr~visions of Florida Statutes, Chapter 3BO, and, subject to the
special conditions hereinafter set forth, RITEC9 DEVELOPMENT
-2-
CORPORATION is entitled to the relief prayed and applied for in the
Application for nevelopment Approval (ADA)
Section "
The Application for Development Approval of
Development of Regional Impact filed in these proceedings and the
additional material submitted to the Treasure Coast Regional
Planning Council in these proceedings by RITECO DEVELOPMENT
CORPORATION i. hereby approved and the Development Order i. herein
granted for the property known as the Doynton Beach Park of
Commerce, more particularly described 1n Exhibit "A" attached
hereto and made a part hereof, subject to the following special
conditions with which the Developer accepts and agrees to comply
(1) The Boynton Beach Park of Commerce Application for
Development Approval is incorporated herein by reference and r~lied
upon by the partie. in discharging their statutory duties under
Chapter 380, Florida Statutes
~bstantial compliance with the
representations contained in the Application for Development
~prov~ is a condition for approval unless waived or modified by
agreement among the parties, as defined in Subsection 300 07(2),
-- -.
Florida Statutes
For the purposes of this condition, the Application for
Development Approval (ADA) shall include the following items
OJ:
(a) Boynton Beach Park of Commerce ADA, submitted
Ha y 2 1, 1 9 8 4 :
(b) Boynton Deach Park of Commerce ADA Supplement,
,.
submitted July 26, 1984:
.,..
f ~
(2) ~ the event the develoner fails to commence siqnificant
:,
physical development within three (3) years from the effec~ive date
.'
~f the Developmen~ Orrl~r. d~v~lnnment approval shall terminate and
the development shall be subject to further consideration pursuant
to Section 380 06, Florida Statutes
Significant physical develop-
~ent shall maa" Qi~~ pr~n~ration work for any portion of the
project..-
1. -
-3-
(3) Clearing of specific building sites shall not commence
prior to the phase in which the site is scheduled for development
(4) During land clearing and site preparation, wetting
operations or other soil treatment techniques appropriate for
controlling unconfined emissions shall be undertaken and imple-
mented by the developer to the satisfaction of the Palm Deach
County Health Department, Florida Department of Environmental
Regulation, and the City of Boynton Bp.ach
(5) In the event of discovery of any archaeological artifacts
during project construction, the developer shall stop construction
in that area and immediately ~otify the Bureau of Historic Sites
and Properties in the Florida Department of State
Proper
protection, to the s~ti5faction of the Bureau, shall be provided by
the dev~.ibper
~",y,.,
,j
,I
(6 )
"l''{I.-,
Th. d.v.l~p~~ .shall pl'. serve in viable condition a
.. .. .~. . .
~ minimum ot forty (40)1 acres of Sand Pine Scrub canopy, understory
and grou~dcove~ veg~tation.. Prior to pomplencement of any clearing
..ctivities~ the developer shall survey the site ~o det~rmine the
i ,".- ::;,..~." '
numbers and distrib~tlon of any populations of .~~e Gopher Tortoise,
Florida Burrowing .Ow~~'Florida Gppher Frog, Flo~ida Mouse, and
!~"'~~-~'\" I
Florida Scrub Li%ar~vhieh occur Sand pine Scrub preserve area(s)
shall be of appropriate size, quality and arrangement to maintain
all populations of t~ese species
developed which
(a) iden~ities and delineates the boundaries of Sand
I.
^ preservat~on plan shall be
pine Scrub habitat 'areas to. \2e preserved I.
f 1 .
(b) provla,es tor t,he etf~ct~ve relqea~~on into preserve
".
. I
area(s) of any populations ot the specielJ of co!,cern listed above
which occur outside of the preRerve area(s) limits; and
(c) provides a management program for the Sand Pine
Scrub preserve area(s) which will provide and maintain suitable
habitat for the species of concern which exist or are relocated
l.nto the areatsl
-4-
The above plan shall be submitted to the City of Boynton
Beach, Florida Game and Freshwater Fish Commission, Department of
Natural Resources, and the Treasure Coast negional Planning
CouJicil
No development shall occur until the plan has been
approved by all of the responsible agencies and the animals are
relocated in accordance with the approved plan
(7) Prior to Clearing any scrub areas, the developer Shall
provide sufficient notice to officials at Jonathan Dickinson State
Park so that they may make arrangements to obtain any plants which
would otherwise be destroyed
(8) In the event that it is determined that any
representative of a plant or animal species of regional concern is
resident on or otherwise is significantly dependent upon the
Boynton Beach Park of Commerce property, the developer shall cease
all activities which might negatively affect that individual or
population and immediately notify both the Florida Game and
Freshwater Fish Commission and the U S Fish and Wildlife Service
Proper protection to the satisfaction of both agencies shall be
,
provided by the developer
(9) The developer shall establish ~ ~eqetated littoral zone
of hardwood swamp/freShwater marsh habitat comprising a total of no
I
less than 11 acres as part of the surface water management system
f
No less than 5 5 acres of the II-acre littoral zone requirement
shall be maintained and comprised ~f species that are
representative of hardwood swamp habitat found on-site including
but not limited to swamp bay, dahoon holly, and pond apple in
association with a typical herbaceous layer of ferns and other
native indigenous hydrophytic vegetation
The littoral zone
habitat shall be fully vegetated with native plant species and
occur from lake control elevation to a depth of three feet below
control elevation
In addition, the developer shall preserve
on-site six acres of seasonally flooded ~/etland habitat designed to
-5-
~ -
-------~ -
'-
-
-
--~--
~
be of value to fish and wildlife species and consisting of native
vegetation typical of such habitats
.
Prior to commencement of construction for any phase of
the project, the developer shall prepare a desiqn and management
.- -
plan for all wetlands or littoral zones that will be a part of that
phase
The plans shall
(a) include a topographic map of the wetland or littoral
zone, or i~clude typical cross sections;
(b) specify how vegetation is to be established,
including the extent, type, mothod and timing of any planting to be
provided; and
(c) provide a description of any management procedures
to be followed in order to assure the continued viability, health
and function of the littoral zone or wetland
The plan for each phase shall be subject to approval by
the City of Boynton Beach in consultation with the Treasure Coast
Regional Planning Council
The plan shall be implemented and work
inspected no later than eighteen (16) months after each lake is
excavated
"
(10) In accordance with the following provisions, the
developer shall provide and maintain a buffer zone of native upland
edge vegetation around wetland and deepwater habitats which are
preserved or constructed on-site
The buffer zone may consist of
preserved or planted vegetation but shall include canopy,
understory and groundcover of native species only
The edge
habitat shall begin at the upland limit of any wetland or deepwater
habitat and shall include a total area of at least ten (10) square
feet per linear foot of wetland or deepwater habitat perimeter
This upland ed~e habitAt shall be located such that no less than
fifty percent (50\) of the total shoreline is buffered by a minimum
width of ten (10) feet of upland habitat
(11) During construction, all Melalueca, Brazailian Pepper and
Austrailian Pine which occur on-slte ~hall be removed
Removal
-'\\
shall be in such a manner that avoids seed dispersal by any of
these species
There shall be no planting of pest exotic
vegetation on-site
(12) The surface water manaqement system shall be designed and
constructed to retain, as a minimum, the first one-inch of runoff
"-
~r runoff from a one-hour, three-year storm event, whichever is
greater, from all building sites... parkinQ areas and ,internal
roaJways Where depressed truck wells are constructed in a manner
::---- -
which would preclude retention of the first inch of runoff from the
well's i~pervious surface, the retention requirement shall be
waived and the truck well drainage system shall be desigred and
maintained to include oil and grease receptors and open bottom
~
.1. sedimenl;;ation sumps, ~s pollution retardant structures Parking
areas ~nd r~il;.cJwa;(~(_:~.~ 'th:~ tfu.ck weps shall bel designed tO'divert
runoff 'l;Q storage "!\4 ex~lp~ra~ion systems on.,.:site 'prior tlo
discharge i~to the surface water management system
Condition 16
shall apply where hazardous materials will be used
(13) No unfiltered runoff from parking areas and roadways
.\. ,
shall be discharged directly into any wetlands
(14) The ~urfape ~ater management syste~ shall be designed and
,
constructed to maintain existing normal seaaonal water table levela
r.
and hydroperiods
(15) As part o( the annual report required under Section
380 06(16), Florida Statutes, the developer shall provide a ~ist of
all industrial tena~ts, including a description of their activities
and the fo~r Ai~~~-,~~q~~~~ In9ustFlal. ~la$~~~ication Code appli-
cable to ttle QPer~~~pn A c:;ppy of this! list sral~, be provided to
the Department of E~'"vironmental Regulation, the South Florida Water
Management District, the City of Doynton Beach, and the agency
delegated the authority for maintaining, updating, and verifying
).
the master files for hazardous waste generators in Palm Beach
County
-7-
"
II
l16) Prior to occu~ancy, each specific tenant or owner that
uses, han4les, stores or displays hazardous materials or generates
hazardous waste shalt meet the requirements of this Condition 16
For ~urposes of this Ordinance, "hazardous materials" and
"hazardous waste" shall mean those certain 127 priority pollutants,
volatile orq~nics, and trace metals referenced in the Clean Water
^ct administered by the Environmental Protection Agency (as may be
amended from time to time)
The tenant or owner shall construct an
appropriate spill containment system which shall be designed to
hold spilled hazardous materials for cleanu~ and to prevent such
materials from entering the storm water rlrainage system In
addition to a containment system, tenants or owners shall also
develop an appropriate early warning monitoring program The
containment system and monitoring program shall be acceptable to
the Department of Environmental Regulation and the South Florida
Water Management District and shall serve all structures or areas
where hazardous materials are used, handled, stored or displayed,
or where hazardous wastes are generated
The developer shall
~
impose these requirements and the obligation to remediate any
contamination on each industrial tenant or owner in an appropriate
covenant and restriction which shall be approved by the Department
of Environmental Regulation and the South Florida Water Management
'.
District and made ayailable to the City of Boynton Beach
The City
reserves the right to inspect all buildings within th~ project,
during normal working hours
,.
.;-;. t
lt7f- The dev~lOper shall develop a hazardous materials
. I . .... ..- f .. ~.' - I
. I' .--\. t-. - '
~ contam~"a~ion iesponse lan tor the develo ment within one ear of
i:' '..'. , '
'the eff~ctive dat~"""'oer'the' 'Development .Order
..
reviewed and apprqved by the City of Boynton Beach in ~onsultation
,
with the South flq~ida Water Management District, the Palm Beach
~he plall ,t,a'll be
r
P'
'l>
County Emergency Preparedness Division, the Department of Environ-
.-
~ental RegulatLon, a~A ~~e Tre~sure Coast negional Planning
",
"
"
~
-8-
-~-----._--
Council
The plan shall identify appropriate measures for
contamination response, including, but not limited to
(a) provision of equipment and trained personnel on-site
or a contract with a contamination response firm meeting Florida
Department of Environmental Regulation requirements, if found
necessary by the above referenced agencies to protect the ground-
water from possible contamination;
(b) specification of follow-up water quality monitoring
programs to be implemented in the event of contamination;
(c) specification of design and operational measures to
contain and direct -contaminated surface runoff away from ponds,
canals, drainage structures and other connections to the surficial
aquifer,
(d) .p.citic.tio~. tor the development and implementa-
~l.~t... ~ 1~.' ;1 'I':"
tion o~ a;'~ooJ::~inated~-!"onitoring program 'which~"incorporates the
~.~ :~i-:\' I ..~ .1. 6.,
indiv~~uA.l. s.!te 'mlqqo~~oring programs required'l,Inder Condition 16
I
above in such a man~~r as to achieve an efficient and effective
overal~ projec~ ea~lY wa~ping monitoring program; and
... .-~.
(e) r~quirements for financial responsibility which will
assure
j:1eaflup co,t,a w+.l.l' Q4il provided
( 1 a)
...
All r.qu'rem~nt~ .fq~ nonpQt~ble wate~ ahall be ~et onlY
,I:,
~~:
by withdrawls from"the surface water management system and adjacent
canals
(19) ^ minimum of thirty percent (30\) of the landscaped areas
required by Section 7(H)(13), Planned Industrial Development
regulations, Appendix A, Zoning Code of Boynton. Deach, less
waterways, as a part of s~ecific site development shall be
preserved or replanted in a manner to enhance or recreate native
vegetation
In addition, the following shall apply
(a) the location of the areas of nat4ve vegetation shall
be such that the watering and fertilization of non-native areas not
-9-
-
inhibit the management of the native vegetation areas in a healthy
state:
(b) a minimum of fifty percent (50\) of all trees and
shrubs used in landscaping shall be nativ~ species adapted to the
soil conditions on site, and
(c) any scrub habitat set aside under condition 6 above
which i. located on a specific site to be developed ~ill be found
to meet this condition and to receive credit against condition 6
(20) Generation and disposal of hazardous effluents into the
sanitary sewer system shall be prohibited unless adequate
pretreatment facilities, approved by the Florida Department of
F.nvironmental Regulation and the agency responsible for sewerage
works, are constructed and used by project tenants or owners
generating such effluents
(21) To the extent feasible, the developer ~hould incorporate
energy conservation measures identified in the Treasure Coast
Regional Planning Council's Regional Energy Plan
(22) prior.~ final site plan approval, the developer shall
\l
implement the ener~y conservation measures endorsed and/or recom-
mended by the Dev.~QP~ent'~ architectural review committe~ The
energy conserya~~o~~ea&~res .~all incorporater at a minimum, those
energy conservation measures identified on pag~s 25-4 through 25-7
"
of the Application ~or Development Approval
~,
any subsequent rev~l~lons, shall be transl..itted to the City of
,i'
Boynton1P.ach for ;.view, and to the Treasure CQast Regional
\J ~ \'~;"" _.'~' or .;~.! ~"'!'. .
">',~anllir\9",Co~nci:rr'\l~:.,'::.'\I~"~; ~,l il It
.~~ ~ - '~': .' "'''.i(;t!.~f;~''':ft.~~ JI,. ~.4-1' ~:~'i). ('f, \.t{
,.1 ~~..J./'The devei.oper"Shall construct' an
"': !\......~,f .~' 'L' ~ }I.{. 4'. ~ ~ ~..... . ." . 1...-...
Northwes't 22nd -Avenue" from Congress Avenue to 'Seacrest Boulevard
The guidelines, and
.'1-;",
..~- 4:
'),:'-
,!'"i
,~: ~, ~
addlilonaitwo lanes on
''\:~:
...~...;
Includi'~~ all intersection improvements at Northwest 22nd Avenue
. "
and 58acrest Boulevard within five IS) years from the date nf
recording of the first pla~ This constr"ction may be phased with
po;tio~s o~ ~n., constructio~ required t~rough the limits of each
plat
The cOf1str~.C?tion shall include ..::~ in~..r~.....1" i nn:i and the
./
~ .'.
."
-10-
\/
bridge over the E-4 Canal, but not the widening of the existing
....
bridge over 1-95
(24) The developer shall have construction plans and a
right-of-way map prepared for construction by Palm Deach County of
double left-turn lanes on the east and west approaches to the
.....
intersection of Congress Avenue and Boynton Beach Boulevard
Surveys and design work shall be commenced within thirty (30) days
after issuance of the Development Order by the City of Doynton
Beach
C9mpleted p~~ns and the right-of-way map shall be delivered
to the County within four (4) months after the date of the
"
Development Order
The developer shall contribute $141,000 00 to
~e County within thirty (30) days after construction contr~~~e ~~~
.,.
awarded and construction has started
ft".
.~-;.rJ.....
. ........ _' ofl....
.:: J(25} THe-..devel.o'pll.:: -shah have a Feasibility/Justification
: ;T" . ~. I ;." ~. f\: ~#!i:'"
f~~~~dy ~n~;;f~u~~~~~~~Q~'I&:~;~i};ronmental Imp~ct ~~;~_::ment (EIS)
~repared under a cq~tract which shall be approved by the City
Boynton'aeach prio~ to execution of same, for an intercha~~e
'It
of
"
,.
between 1-95 and Northwest
-. - . ~
to ~200,000 00 of the cost
--
22nd Avenue
The develoe~r shall pay_~~
of these engineering/environmental
studies. The Fl!as {'hI ,1'."r.'J:,e.. ~fl ~at ioo,.StudV .s~al1 commence wi thin
thirty (301 days of; the issuance of the Develooment Ord~ and be
completed within two hundred (200) calendar days thereafter~The
EIS shall commence upon favorable review by the Department of
Transportation of the Feasibility/Justification Study and bp.
completed three hundred sixty-five (365) calendar days thereafter~
(26) When~xternal trips Qenpr~~p~ hy the proiec~ _v~pp~
--- .
15,000 trips per day, the developer shall construct, or contribute_
~o Palm Beach County the cost of constructing, two additinn~l lands
oQ Congress ^venue, bringing it to a six-lane capacity, from
~oynton Beach Boulevard to Miner Road
If this improvement is
constructed by others at no cost tc the developer and if neither
the State nor Federal governml!nt has indicated disapproval of the
1-95 interchange at Northwest 22nd Avenue, the developp.r shall
-11-
(
~vfd
\::
contribute $900,000 00 toward construction of the interchange in
~
lieu of said Congress Avenue improvements; provided, however, that
if the contribution is not required for the interchange due to the
fact that the State or Federal Government has indicated
disapproval, the developer shall provide $900,000 00 to the County
to be used for improvements at the intersection of Boynton Beach
Boulevard and Congress Avenue and at the intersection of
Northwest 22nd Avenue and Congress Avenue to provide additional
capacity required if the interchange at 1-95 and Northwest 22nd
Avenue is not constructed
The contribution under this cond~tion
shall not exceed $900,000 00 except as that amount is adjusted for
changes in the cost of living by a construction cost index uSing
1985 as the base year
(27) The developer shall contribute $900,000 00, in excess of
-
any contribution made pursuant to Condition 26 above, for ri~t-
of-way acquisition and construction of an interchange at 1-95 and
Northwest 22nd Avenue at such time that the funding is needed to
commence with construction of the interchange
The developer shall
a
also dedicate to the appropriate governmental aqencies any inci-
dental rlqht-of-wa~, ~t to exceed three acres, which is needed for
the intercrange and is located within the project boundaries If
the interchange is disapproved by the responsible State and Federal
agencie~, the developer shall contribute $900,000 00 to Palm Beach
~,
"
County for improvements at ~ne intersection of Congress Avenue and
Boynton Beach Boul~vard and the intersection of Congress Avenue an~
.;.. Hortnwest".22n" Av"nue when_ t.he project generates in excess of
~ ....;.., ") f' '.. .I ...~
1S',000.uternal t.dps qaUy.. Tl1is contrfbutio!'f shall not be
I ; .
required in the event that the $900,000 00 contribution required
under Condition 26"'.bove is allocated to imprOllements at these
\~, .........-.t
intersections
The contribution under this condition shall not
exceed $900,000 00 except as that amount is adjusted for changes in
-~-
~~~~_ of living by a construction cost l~~~usin~9a.~...:':~ the
bue ~
'----
-'2-
----------------
(28) The developer shall monitor project traffic generation
annually beginning after development of one hundred thirty-two
(132) acres (not including R-O-W, retention areas or preserve
areas), and shall provide that information to the City of Boynton
Beach, Palm Beach County and the Treasure Coast Regional Planning
Council
The methodology and scope of the monitoring effort shall
be approved by the City in consultation with the County and the
Treasure Coast Regional Planning Council
The results shall be
used to monitor compliance with Conditions 26 and 27 above
(29) The developer shall provide signalization and turn lanes
at the intersection of Congress Avenue and the project access road
and at all project entrances on Northwest 22nd ^venue as necessary
"
to mai~tain service level C
, (3Q') With!!" nJ.'n~ty' '(9q) ;days of the approval of the
":'-
Developmen~Order, dedic~te to Palm 'Beach Coun~y the right-of-wa
., .J, ':.
~r Hiner Road through the lim~ts of the Park
Hiner noad appears
as a lOB foot arterial on the County's Thoroughfare Plan
(31) Within ninety (90) days ~f the approval of the
"
Development Order, dedicate to Palm Beach County the additional
.
right-of-way for ~.W. 22nd Avenue through the limits of the Park
N W. 2~nd Aven.!Je ae.Pe~rJ~. as .a 108 foot arterial on the County's
Thoroughfare Plan
(32) In connection with the raquirement to set aside forty
(40) acres of scrub
abitat, within one hundred eighty (180) days
Lw
of the approval of the Development Order provide for the City of
Boynton Beach the legal description of the areas to be preserved
(33) In connection with recommendation 6c which appears
Regional Planning Council's report and recommendation, the
developer shall provide for the City's approval, documents which
will specify the nature of and responsibility for the continued
maintenance and preservation of the forty (40) acre scrub habitat
set aside
-13-
(34) The City of Boynton Beach and Riteco Development
Corporation agree to the following items concerning a civic and
non-recreational Impact Fee to be paid to the City
(a) The City will enter into a contract (hereinafter the
.Contract") with Dr James Nicholas whereby Or Nicholas will
prepare a study (hereinafter the .Study") with respect to civic and
non-recreational impact fees
--
(b) Doth Riteco and the City agree to be bound by the
Study
(cl niteco will fund up to $20,000 OU with respect to
payments mad~ to Dr Nicholas under the Contract, said monies to be
paid to the City upon execution of the Contract and approval of the
Devp.lopment Order
(d) In the event that the development of the subject
Project commences within 3 years after the issuance of the
Development Order, Riteco will be given a credit for the amount
funded by Riteco pursuant to this condition 34
Otherwise the
amount funded will not be refunded to Riteco
11
(e) Riteco will b~ entitled to review and comment on the
Study as it progresses, and will be timely provided copies of all
correspondence and pther documents regarding t~e Study
(f) The parties agree in concept that any impact fees be
due and payable at the time of issuance of ce~ti~cate of occupancy and
shall make such recommendation to Dr Nicholas
(35) In addition to the water mains proposed to be constructed
in Phase I as a part of pr~ject development east of the L WOO
~-4 Canal, the developers of the Park will be required to extend
the sixteen (16) inch water main proposed to be installed in N W
22nd Avenue eastward to High Ridge Road and then northward on High
Ridge Road to tie into an existing sixteen (16) inch water main
within five (5\ tears of the date of the approval of the
Development Order
^lso, in order to clarify utility construction
in Phase 1, the following shall apply
-14-
/
(a) Any Park development east of the L WOO E-4 Canal
will require the construction of all Phase I utilities as shown on
the master plans lor utility construction, and,
(b) Any Park development west of L WOO E-4 Canal will
require the construction of all utilities shown over that portion
of Phase I plus an additional tie into the existing sixteen (16)
inch water main on the west side of Congress Avenue at the
project's northern entrance
(36) The developers shall comply with the memorandum from
Perry Cessna to Carmen Annunziato under date of October 23, 1984,
I
which Memorandum is attached hereto as Exhibit -B- and made a part
hereof
t :
(37) All water mains proposed are to be accessible from either
"'1\
a paved street,' drivel,.,ay, or parking area
";-. ~Ht', ~ I~-t"- lr"'i! .
(38) The Parl('s:"developers shall ciedicate .to, the City of
'~i..' ,
Boynton Beach, a twelve (12) foot wide utility easement parallel
. "
',1"
and adjacent to the Boynton Canal between the proposed water main
canal_~ccessing ~~d High Ridge Road
..
(39) The Park's developers or assigns shall provide on-site
security during all phases of construction in the construction
areas
(40) As it is the stated intention of the Park's developers to
supplement municipal police protection with a private, centrally-
located and housed, on-site security force, the following shall be
required
a All security alarms to be installed within the Par~
are to be connected to. the on-site security facility
b It is required that the Park's developers submit to
the municipal Police Department the research employed as a basis
for vendor selection
(41) ~ W 22nd Avenue shall be constructed with a landscaped
median, and the developer shall submit to the City of Boynton
-15-
-
Beach, the landscaping and irrigation plans for review and
approval
(42) Any of the Park's internal rights-of-way which arft public
-
will be landscaped The landscaping and irrigation plans shall
be submitted to the City for the City's review and approval, and
subsequent maintenance shall be the obligation of the City
(43) The City and the Park's developer shall make respective
good faith efforts to comply with that ~ertaln letter from l~ade
Riley to Peter Cheney, under date of October 22, 1964, which letter
is attached hereto as Exhibit MCM and made a part hereof
(44) On or before the 15th day of February of each year,
Riteco Development Corporation, or its successors or assigns, shall
submit an annual report for the preceding year to the City of
Boynton Beach, the Treasure Coast Regional Planning Council, the
State Land Planning Agency, and all effected permit agencies, or
their respective successors The annual report shall includes
(a) a complete list of tenants (and where applicable,
th.ir_Eespectiv~~~our Digit Standard Industrial Classification
"
Codes) located in thG development during the preceding year,
together with a description of the activities and operations of
each tenant and a map indicating their respective locations within
the development1
(b) Changes in the plan of development or phasing for
the reporting year and for the next yearl
(c) A summary comparison of development activity
.,..
.propose4. ~~4 actpallt co~ducted for the year;
(d) U~~eve~o?~d trac~s of land that ,have been so~d to a
separate entity or developer
(e) Identification and intended use of lands purchased,
leased or optioned by the developer adjacent to the original DR!
site since the development order was issued;
-16-
~~- --_._------~--------
( f) An assessment of the development' s and local
government's compliance with conditions of approval contained in
the qRI development order;
(g) Any known incremental DRI applications for develop-
ment approval or requests for a substantial deviation determination
that were filed in the reporting year and to be filed during the
next year;
(h) A statement that all persons have been sent copies
of the annual repor~ in conformance with Subsections 380 06(14) and
(16), Florida Statutes, and
(1) A copy' of any notice o~ the adoption of a develop-
~
ment order or the subsequent modification of an adopted development
order t~at was recor?e~ by the devel~per pursuant to Paragraph
380 (J6(14>l~l, Flor!(].i" Statutes
.' '''''' '
(45) The propekty'shall be developed in a manner that support
conservation and efficient management of energy resource. pursuant
to the Energy Element of the Comprehensive Plan of the City of
Boyntc:~ Beach
'1.
"";"
~.
(46) The City Manager nf the City of Boynton Beach is hereby
designated as the local official responsible for assurin~
compliance with this Development Order
Section 5
A copy of this Ordinance (Development Order)
shall be transmitted to the Division of Local Resource Management,
the State Land Planning Agency, Riteco Development Corporation (the
owner/petitioner), and thp. Treasure Coast Regional Planning
Council
Section 6
This Ordinance shall become effective
imme~iately upon passage
FIRST READJNG this ~ day of December, 1984
-17-
---~--~-~~-------------~---
....
-
,.
SECOND READING and FINAL PASSAGE this
(/~
/0 day of December,
1984
CIT'i OF 1l0YNTON DE:ACII, FLORIDA
,,~ J!
:a.11 g........................... "'?~/.'I/.J
~. YOn .
vt~/#
fI"= l t2.."_ct:,,,-
CO NCIL l"E.~BER
ATtEST
c-;#ff~~
J.... ,,:, .r
, I
,~\~
113084dt
07///994
C E R T I F I CAT ION
~.
I, aETT~ S BORONIiTCity Cle;rk of the City of Doynton
Beach, Florida, do her~by certiLy that the abo~~: and foreqoinq
seventeen (11) paqea is a true and correct copy of Ordinance
No 84~51 (with Exhibits A, a, and C attached) I as it appears
in the records of the City of Boynton Beach, Florida
(SEAL)
-10-
,
"'
EXHIBIT "A"
OVERALL BOUNDhRY
LEGAL DESCRIPTION
A Tract of land lying partially in Sections 16, 17, 20 and 21, Township
45 South, Range 43 East, palm Deach County, Florida, said Tract being
more particularly described as follows Commencing at the Southwest
corner of said Section 17; thence North 1'14'39" East, along the West
line o~ Section 17, a distance of 1310 10 feet to a point in the
intersection with the centerline of N W 22nd hvenue, as recorded in
o R Book 1738, Page 1686, of the Public Records of Palm Beach County,
Floridal thence with a~bearing of North 89 04'32. East, along the
centerline of N W 22ild Avenue, a distance of 778 37 feet to the pOint
of Beginning; thence North '.44L39. East, a distance of 1247 06 feet to
the South right of ~/ay line of L W D D Lateral 21-;' thence North
89'00'49. east, along the South right of way line of L WOO
Lateral 21, as recorded in 0 R Dook 1732, Page 612, of the Public
Records of Palm Beach County, Plorida, a distance of 635 93 feet to the
centerline of the L W 0 D Equalizing Canal &-4 Canal, as recorded in
o R Book 1732, Page 612 of Public Records of Palm Beach County,
Florida; thence along the centerline of the above described &-4 Canal
wi~h a curve to ~~e r1gh~ having a chord bearing of North 10'32'52"
Eiut, .a radlus 9f '75.9r.QQ ~eet, a central angle of 4'04'17", and an arc
length of 5~ 29 ~eetl~thence continue along the centerline of the E-4
Canal, wi~h a,peari~g'9~ North 12'35'OOY East, a di~tance of 320 69 feet
to. a point, of curve; ~p~n~e with a curve, to the'lleft having a radius of
6500 00, a central' angle of 3'28'30", and an arc length of 394 23 feet;
thence North 9'06'30" East, a distance of 1979 16 feet to a point on the
North Line of Section 17; thence with a bearing of North 89'16'39" East,
along the North line of Section 17, a distance of 1964 50 feet; thence
South 0'02'11" East, a distance of 26~5 18 feet; thence North 89'08'49"
East, a distance of 368 96 feet to a point on the North right of way
line of'~ W 22nd Avenue.as recorded in 0 R Book 1738, Page 1686 of the
Public Records of Palm Beach County, Florida; thence South 19'27'31"
East, a distance of 50.00 feet to the centerline of N W 22nd hvenue;
thence with a curve to the right having a chord bearing of North
75'29'49" East, a radius of 1637 02 feet, a central angle of 9'53'58",
and an arc length of 282 85 feet to a point; thence North 12'02'41"
East, a distance of 915 72 feet; thence North 0 31'11" East, a distance
of 399 70 feet; thence North 89.'2'37" East, a distance of 413 21 feet;
thence South 08'22'56" East, a distance of 1349 70 feet to a point on
the West right of way line of the Seaboard Coastline Railroadl thence
South 0'28'21. East, along the West right of way line of the Railroad, a
distance of 1309 09 feet to a point on the centerline of N W 22nd
Avenue; thence North 88'27'31. West, along the centerline of N W 22nd
Avenue a distance of 672 97 feet; thence South 0'))'53" East, a distance
of 1306 69 feet; thence South 88'45'31" East, a distance of 333 51 feet
to a point on the West right of way of the Seaboard Coastline Railroad;
thence with a bearing of South 14'08'2)" West, along the West right of
way of the railroad, a distance of 1312 49 feet; thence South 0'3)'53.
East, a distance of 26 69 feet; thence South 13'15'22" west, a distance
of 920 57 feet; thence North 88-50'04" West, a distance of 187 60 feet;
thence with a bearing of North 0'49'21. west, a distance of 200 00 feet;
thence North 88'50'04" West, a distance of 218 00 feet: thence South
0'49'2," East, a distance of 200 00 feet; thence North 88'50'04" West, a
distance of 40 00 feet I thence South 0'49'21" East, a distance of 556 84
feet: thence North 88'50'04" west, a distance of 3617 26 feet to a point
on the centerline of the above described centerline of the E-4 Canal:
thence with a bearing of North 5'18'14" West, a distance of 153 13 feet,
thence with a curve to the right having a radius of 450 00 feet, a
central angle of 15'36'44", and an arc length of 122 62 feet; thence
North 10 18'30" East, a dlstance of 908 60 feet to a polnt of curve;
thence with a curve to the left having a radius of 450 00 feet, a
central angle of 18'20'00., and an arc length of \43 99 feet; thence
wlth a bearing of North 8'01'30" West, a distance of \255 14 feet to a
point on the centerline of N W 22nd ^venue; thence with a bearing of
South 89'04'32" West, along the centerline of N W 22nd Avenue a
distance of 817 8S feet more or less to the PoLnt of Deginning
Containing 591 55 acres more or less and subject to easements and rights
of way of record
(
(
i....
MEMORANDUM
-
October 23, 1984
TO Mr Carmen S Annunziato
Director of Planninq
RE Boynton Beach park of Commerce
The ~pproval of this development as related to their lift
station configuration should specify that at the time of
p!.,mning the first phase east of the E-4 canal. that the
developer's engineers will present to the city,a study to
show whether lift station #3 on their master plan can be
deepened and/or relocated in such a manner as to eliminate
lift station #2 for the nort~ east section of the develop-
ment,
Based upon a review by the city staff and City's enqineers,
the desiqn will be finalized prior to approval of the plans
for lift station ~t3 and its qravity collection system
>E ~~.~~~
Director of Utilities
a~t
&l~1T- ,,~\,
, .,
~..Jjl'! 201 ,
~JiN" \\-<lSI l..1nla .a Roa.J
Lanhria. florlda' 33462
I'(.on.. '(305).533.0902
RITECO
DEVELOPMENT
CORPORATION
October 22, 1984
eitf of Coynton Beach
P 0 Dox 310
Boynton Beach FL 33435
Attn: Mr Peter Cheney, City Manager
Dear Hr Cheney:
Riteco Development Corporat~on would like to enter into
discu55ion with the City of Boynton Beach regarding the
possible exchange of property This exchange would involve
the City owned property located at the intersection of N W
22nd Avenue and Seaboard Coast Line Railroad
Riteco would propose to use properties located within the
Planned Industrial District located in the same area This
exchange would be done on a value for value basis with said
values being mutually acceptab~ to both parties
If this concept meets with your approval we would be pleased
to meet with you at your earliest possiblo convenience
Sincerely,
LJr~..li, R.1{L:1l.1
Wade Riley
Vice Presi nt
Wn/gd
CCI Mr Carmen Annunziato
..
~1T-"L'\
.....
Appendix C
Quantum Park Groundwater Monitoring Plan
~
'-
.....
QUAN"l'UM PARle
GROUNDWATER MONITORING PLAN
Prepared for.
Quantu. A8.oc~at..
Port Lauderdal.e. Fl.or~4a
Prepared By.
R.source BDgUa..rinV and P1.annJ.ng. Ine.
...t P.u. Beach. Fl.oricla
July. 1987
~.....
.
"
Introduction
,
Quantum Park is a proposed commercial, industrial, and office
park in Boynton Beach, Florida, which is to be developed in
accordance with a Development Order (DO) approved by the Treasure
Coast Regional Planning Council and the City of Boynton Beach.
The DO stipulates that Quantum Park prepare an early warning
monitoring plan for hazardous materials to be approved by the
South Florida Water Management District (SFWMO). As part of the
hazardous materials response plan, a plan which identifies the
groundwater monitoring strategy at the site is to be developed.
On June 4, 1987, representatives of Quantum Park contracted
Resource Engineering and Planning, Inc. (REP/Inc.) to prepare the
groundwater monitoring plan in accordance with SFWMD guidelines
The purpose of this plan is to present recommendations and
guidelines for groundwater monitoring which are developed from
site-specific information. This will include a description of:
o
Site Plan
General Topographic and Drainage Characteristics
General Soil and Hydrogeological Characteristics
Location of Proposed Monitoring Wells
Construction Details for Monitoring Wells
Analytical Parameters to be Tested
Sampling Frequency and Quality Assurance
Laboratory Requirements for Sample Analysis
o
o
o
o
o
o
o
The overall hazardous materials response plan is included here by
reference and should be reviewed for situations not addressed in
this report.
Site Description
Quantum Park straddles Northwest 22nd Avenue between Congress
Avenue and Interstate 95 in western Boynton Beach, Florida. The
park is bounded on the south by canal C-16 of the Lake Worth
Drainage District (LWDO) and to the north by High Ridge Country
Club. In all, the site occupies 560 acres in Sections 16, 17,
and 20, Township 45 South, Range 43 East. Figure 1 presents the
location of the site from the Lake Worth Quadrangle of the United
States Geological Survey (USGS) 7~ minute topographic map series.
Of the site area, approximately 153 acres are zoned for
industrial development, 146 acres for office space, 30 acres for
commercial development, 123 acres for preserve, open space, lakes
and wetlands, 46 acres for research and development industrial,
and 17 acres for a city park. At present, the site remains
largely undeveloped, with the exception of road work and initial
construction on an industrial parcel in the southern portion
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Location of Proposed Monitoring Wells
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It is proposed that nine (9) monitoring wells be constructed in
the areas of greatest industrial activity to provide an effective
means for early detection of any groundwater degradation in these
areas. The industrial and research/development parcels are
concentrated in the southern and northeastern portions of Quantum
Park, and it is proposed that the monitoring wells be constructed
in these areas to evaluate any impact from industrial activity.
Figure 2 presents a site plan of Quantum Park with the nine
proposed monitoring well locations and the numbering scheme used
in this plan. These well locations are essentially the same as
those proposed by the SFWMD, and are felt to be adequately
arranged to provide reasonably early detection of groundwater
degradation in the industrial areas of the park.
All attempts will be made to install the nine monitoring wells
out of the way of proposed development and construction. Should
it become necessary to abandon a well due to impending
development of the particular parcel, an alternate monitoring
well will be similar to those of the original well The
abandonment of the original well and the installation of an
alternate well will take place only after the approval of the
SFWMD
Monitoring Well Construction Details
The ground surface elevation at the nine proposed monitoring well
locations varies from approximately 10 feet above NGVD to 25-35
feet above NGVD. Given this condition, the terminal depth below
land surface for the wells will vary to facilitate a screened
interval in all wells of approximately 5 feet above NGVD to 10
feet below NGVD.
All nine wells will be constructed in similar fasion. Bore holes
will be drilled using hollow stem augers. Well casings and
screens will be constructed of 2-inch diameter flush-thredded
schedule 40 polyvinylchloride (PVC) pipe. Each bore hole will
penetrate to a terminal elevation of approximately 10 feet below
NGVD. Well screens will consist of a fifteen-foot section of
slotted (0.02 inch slot) 2-inch diameter PVC pipe. The well
casing will be inserted through the auger stem into the borehole
and, as the augers are raised, the annular space between the
borehole and casing packed with washed medium-coarse grained (6-
20 grade) sand. Sand pack will continue above the top of the
screen for a minimum of one foot and a maximum of two feet. The
sand pack will be topped with a two-foot thick bentonite seal,
and the remaining space filled with a bentonite-cement grout.
Any exposed portion of the casing above ground surface will be
covered with a 4-inch diameter steel guard pipe with hinged
locking cap If any wells are completed below grade, a steel
meter box will house the well head, which will be fitted with a
cap and a locking strap. Figure 3 presents a typical monitoring
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MASTER SITE DEVELOPMENT PLAN
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KEY PLAN
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Quantum A..oc'at..
Figure 2:
RESOURCE ENGINEERING ANtJ Pl.AHHING. 'He.
Propo..d Monitoring Well Locetlons, auentum P.~ -..........-.-
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2" PVC CAP OR PLUG
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1/8- DIAM. WEEP HOLE
4" DIAM. STEEL CASING
W I HINGED, LOCKiNG CAP
CEMENT -BENTONITE
GROUT
2" PVC RISER PIPE
BENTONITE SEAL
THREADED flUSH JOINTS
(THREADS WRAPPED TFE TAPE)
SAND PACK
2- PVC WELL SCREEN
Figure 3
Typical Monitoring Well
Construction Detail
_SOURCE EHGlHEERtNG AND PLANNING. INC.
'"-
well construction detail for the Quantum Park site.
All monitoring wells will be installed by a well contracior
licensed in the State of Florida. All wells will be developed by
pumping prior to initial sampling. The top of casing elevation
of each well will be determined using an engineer's level and
stadia rod.
Table No. 1 presents the overall depths for the nine monitoring
wells for the site.
Analytical Parameters to be Tested
Groundwater samples collected from the nine monitoring wells at
Quantum Park will be analyzed for the following parameters
General
.
Water Level Elevation Prior to Sampling (NGVD)
pH
Conductivity
Chloride
Alkalinity
Total Organic Carbon
Chemical Oxygen Demand
Nitrate Nitrogen
Nitrite Nitrogen
Ammonia Nitrogen
o
o
o
"
o
o
o
o
o
o
Trace Organics
o EPA Method 601 (See Appendix 1)
o EPA Method 602 (See Appendix 2)
Total Metals
o Arsenic
o Barium
o Cadmium
o Chromium
o Lead
o Mercury
o Selenium
Sampling Frequency and Quality Assurance
The nine monitoring wells at Quantum Park will be sampled
following initial development and tested for the parameters
listed above to establish baseline conditions at the site prior
to construction. Following this initial sampling, the wells will
be sampled once every six months with the results of each
sampling forwarded to SFWMD by Quantum Park upon completion.
These semi-annual sampling events will be scheduled to correspond
with the wet season/dry season cycle of South Florida. These
seasons are roughly defined as June-October (wet season) and
November-May (dry season).
7
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--
TABLE NO. I
CONSTRUCTION DEPTHS FOR QUANTUM PARK MONITORING WELLS
Approx. Terminal
Well Ground Depth
No. Elevation Below Ground Surface Screened Interval
1 12 feet above 22 feet 7-22 feet
NGVD
2 15 feet above 25 feet 10-25 feet
NGVD
3 10 feet above 20 feet 5-20 feet
NGVD
4 20 feet above 30 feet 15-30 feet
NGVD
5 30 feet above 40 feet 25-40 feet
NGVD
6 17 feet above 27 feet 12-27 feet
NGVD
7 22 feet above 32 feet 17-32 feet
NGVD
8 22 feet above 32 feet 17-32 feet
NGVD
9 22 feet above 32 feet 17-32 feet
NGVD
8
/
1
-
-
-
It is recommended that all sampling of the proposed monit~ring
wells be conducted in accordance with an FDER-approved Generic
Quality Assurance/Quality Control (QA/QC) Plan. This provides
assurance that sampling is conducted in an approved manner and
ensures to the extent possible that samples are representative
of groundwater conditions.
:.....
Laboratory Requirements for Samp1e Ana1ysis
As with sampling procedures, it is recommended that laboratories
which receive samples from Quantum Park are Department of Health
and Rehabilitative Services (DHRS) certified and that they have
an FDER-approved Generic QA/QC Plan. This is to ensure that
sample containers received from the laboratory have been cleaned
according to FDER guidelines and that laboratory procedures are
conducted in accordance with standard methods specified by the
FDER and the United States Environmental Protection Agency.
9
...... 4>,'
I...
APPENDIX I
I...
LISTING OF EPA 601 SERIES CONSTITUENTS
I '
-
Bromodichloromethane
Bromoform
Bromomethane
Carbon Tetrachloride
Chlorobenzene
Chloroethane
2-Chloroethylvinyl ether
Chloroform
Chloromethane
Cis-1,3-Dishloropropene
Dibromochlenomethane
1,2-Dichlorobenzene
1,3-Dichlorobenzene
l,4-Dichlorobenzene
Dichlorodifluoromethane
l,l-Dichloroethane
l,l-Dichloroethene
trans-l,2-Dichloroethene
l,3-Dichloropropane
trans-l,3-Dichloropropene
Ethylene Dibromide
Methylene Chloride
Tetrachloroethylene
1,1,2,2-Tetrachloroethane
l,l,l-Trichloroethane
l,1,2-Trichloroethane
Trichloroethylene
Trichlorofluoramethan
Vinyl Chloride
10
~
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-
-
-
,
-
'-
-'"
APPENDIX 2
LISTING OF BPA 602 SERIES PARAMETERS
,
Benezene
Chlorobenzene
Ethylbenzene
Toluene
o-Xylene
m-Xylene
p-Xylene
11