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R01-059 RESOLUTION NO. ROI- ,5'~q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DRAFT CONSENT ORDER - BOYNTON BEACH WEST WATER TREATMENT PLANT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the West Water Treatment Plant Injection Well was struck by lightening in July of 1999, which strike caused damage to the well lining; and WHEREAS, over the course of the past 18 months, City administration has been working with the DEP to devise a permanent fix to the damage; and WHEREAS, the method for establishing the agreed-to permanent fix is through the use of a Consent Order, which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: The above recitals are true and correct and are hereby incorporated Section 1. herein by reference. Section 2. The City Commission of the City of Boynton Beach hereby authorizes the Mayor and City Clerk to execute the Draft Consent Order for the Boynton Beach West Water Treatment Plant - Injection Well lW~I with the Florida Department of Environmental Protection OGC Case No. 00-1874, which Consent order is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ,~ day of April, 2001. ATTEST: Itcor[ ~orate S.e. al) caXres~l~h~ Or~d~ -~- DEe032601 CITY Oi~BOYNTON BEACH~ FLORIDA M~yor~~' ~ ¢o<~ · ~i~o~ j~.mmissioner Commissioner MEMORANDUM Utilities #01-094 TO: FROM: DATE: Janet Prainito, Interim City ClX. John A. Guidry, Utilities Director April 20, 2001 SUBJECT: FDEP Executed Original Consent Order #OGC 00-1874 Returned fo~ your files is one of two originals of referenced Consent Order with an effective date of April 16, 2001. The second original is on file at FDEP. /gb Attachment Xc: John Guidry Barb Conboy (w/o attachment) Jeb Bush Governor APR]? Department of Environmental Protection Southeast District P.O. Box 15425 West Palm Beach, Florida 33416 David B. Struhs Secretary CERTIFIED MAIL 7000 0600 0024 1601 9402 RETURN RECEIPT REQUESTED Mr. Gerald Broewning, Mayor City of Boynton Beach 5469 West Boynton Beach Boulevard Boynton Beach, Florida 33437 RE: STATE OF. FLORIDA VS. CITY OF BOYNTON BEACH CONSENT ORDER #OGC 00-1874 Dear Mr. Broewning: Enclosed for your implementation is a copy of the fully executed and filed Consent Order in the above-styled case. Please familiarize yourself with the compliance dates and terms of the Consent Order so the timely performance of those obligations are accomplished. Should you have any questions concerning the Consent Order, please contact Ms. J.P. Listick of this office at 561/681-6689. Sincerely, M~l~ssa L. M~ek'er''~ Director of District Management Southeast District MIM/~H~RB/JP1 ~ cc: WPb Enforcement File Daryl Shoemake, USEPA, ATE John Guidry, City of Boynton Beach Larry Morgan, OGC, TAL. Date Richard Deuerling, UIC, MS 3530, TAL Joseph May, UIC, WPB Robert Kenyon, Boynton Beach West WTP "Protect, Conserve and Manage Florida's Environment and Natural Resources" Printed on recycled paper. Jeb Bush Governor APR 0 3 001 RECEIVED Department of E nvi ro n mental .o Protect Southeast District P.O. Box 15425 i West Palm Beach, Florida 331 CERTIFIED MAIL # 7000 0600 0024 1601 9419 RETURN RECEIPT REQUESTED ,vid B. Struhs Secretary Mr. Gerald Broewning, Mayor City of Boynton Beach 5469 W. Boynton BeaCh Blvd. Boynton Beach, Florida 33437 PALM BEACH COUNTY UIC - City of Boynton Beach VVTP- Class I Injection Well FDEP Permit Number UO-50-261254 RE: Draft Consent Order Boynton Beach West Water Treatment Plant - Injection Well IW-I Dear Mr. Broewning: As requested in telephone conversations between John Guidry of the City of Boynton Beach and Joseph May and J.P. Listick, of the Florida Department of Environmental protection (Department), we are pleased to provide for your files and consideration the attached second original copy of the ratification ready draft of Consent Order OGC # 00-1874. The Southeast District Office of the Department hereby gives notice that a draft Consent Order has been developed for the reasons specified above. Pursuant to Sections 373 and 403.815 of the Florida Statutes and Rule 62-110.106 of the Florida Administrative Code, you (the applicant) are required to pUblish at your own expense the Notice of Draft Consent Order, also known as the "First Set of Public Notices", contained within the. attached Consent Order. The notice shall be published one time only within thirty days, in the legal ad section of a newspaper of general circulation in the area affected. For the purpose of this Rule, "publication in a newspaper of general circulation in the area affected" means publication in a newspaper meeting the requirements of Sections 50.011 and 50.031 of the Florida Statutes, in the county where the activity is to take place. VVhere there is more than one newspaper of dai~Y circulation in the county, the newspaper used must be one with significant circulation in the area that may be affected by the Consent Order. The applicant shall send original copy of the proof of publication to the Department, at P. O. Box 15425, West Palm Beach, Flodda 33416, within seven days of publication. Failure to publish the notice and provide proof of publication within the allotted time may result in the denial of the Consent Order. The Department will accept public comment concerning this proposed action for a minimum of thirty days following publication of the "First Set of Public Notices" contained within the attached Consent Order. A public meeting must be held in the area of the injection project no less than thirty days. after publication of that the "First Set of Public Notices" for the purpose of receiving verbal and written comment concerning this project. Comments received within the thirty-day period and during the public meeting will be considered by the Department in formulating a final decision concerning this project. Since Rule 62- 528.325 of the Florida Administrative Code (F.A.C.) requires the public meeting to be held in the area in "More Protection, Less Process" Printed on recycle~ paper. City of Boynton BeaCh Consent Order # OGC-00-1874 Page 2 of 2 which the well is located, the meeting may not be held in the Southeast District office. The final meeting location, date and time must be arranged prior to publication of the "First Set of Public Notices". Please contact J.P, Listick, at (561) 681-6689, to coordinate arrangement of the public meeting. Executed in the City of West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION M~sa L.. M(~el~er '~- Director of District Management Southeast District P.O. Box 15425 West Palm Beach, FL 33416 MLM/L~H/TRB/JPL ,/~'~ Enclosure (all) ' Date cc: WPB Enforcement File John Guidry, City of Boynton Beach STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STA:I-E OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Complainant, VS. City of Boynton Beach, Respondent, ) ) ) ) ) ) ) ) ) ) ) ) IN THE OFFICE OF THE SOUTHEAST DISTRICT OGC CASE No. 00-1874 CONSENT ORDER This Consent Order is entered into between the State of Florida Department of Environmental Protection (hereinafter called "Department" or "FDEP") and the City of Boynton Beach, Florida (hereinafter called "Respondent") to r~' ~ach settlement of certain matters at issue between the Department and Respondent, The Department finds and the Respondent admits the following: 1. The Department is the administrative agency of the State of Florida which has the authority and duty to control and prohibit pollution of air and water in accordance with the provisions of Chapters 373, 376 and 403, Florida Statutes ("F.S.") and the Rules promulgated thereunder in Florida Administrative Code ("F.A.C.") Title 62. The Department has jurisdiction over matters addressed in this Consent Order. 2. The Respondent is a political subdivision of the State of Florida and is a "person" within the meaning of Section 403.031(5), F.S. 3. The Respondent, the City of Boynton Beach, through its Utilities Department, is now and has been at all times pertinent hereto, the owner and operator of the Boynton Beach West Water Treatment' Plant (hereinafter called" VVTP") and its disposal system for the injection of non-hazardous membrane process reject concentrate (Concentrate) via one Class I Injection Welt, IW-1. The WTP is located at 3469 West Boynton Beach Boulevard, Boynton Beach, Palm Beach County, Florida. 4. · The Injection Well System includes dual zone Monitor Well MW-1 and Injection Well IW-I. Injection Well /-1 (IW-1) is. a 16-inch, outside diameter (OD), non-municipal, industrial, tubing and packer injection well, injecting through a 13 318-inch, inside diameter (ID), tubing Set from land surface to a packer set at 2,720 feet below land surface Page 1 of 14 Consent Order OGC-00-1874 ~-~LS), for disposal and monitoring of up to 4.06 million gallon per day (MGD) Peak Hourly Flow of non-hazardous ~embrane process reject concentrate through an open hole interval between 2,780 feet BLS and the total ~epth of the well at 3,312 feet BLS. 5. On July 26, 1999, the Boynton Beach West Water Treatment Plant suffered a lightning strike and plant personnel noted problems, maintaining the pressure in the annular space of IW-1. 6. On July 27, 1999, inspections by plant personnel revealed that the apparent problem with the maintenance of pressure in the annular space of IW-1 was not due to a leak in the surface piping or the wellhead. 7. On July 28, 1999, a letter was both mailed and sent via facsimile by the Respondent to the Department reporting that, as an apparent consequence of the lightning strike, IW-1 had apparently lost mechanical integrity of its annular space as indicated by fluid loss from the annular space. 8. On August 2, 1999, the Department received a letter from the Respondent's consultants, CH2M Hill, providing further information suggesting that the failure to demonstrate mechanical integrity was possibly due to a leak in the injection Well tubing or packer. -~ 9. On August 5, '1999, a plan to identify the source of the leak in the annular space of IW~I was submitted by ~e Respondent to the De partment. 10. On August 10, 1999, geophysical logging was conducted in an attempt to locate the source of the leak in the annular space of IW-1. 11. On August 24, 1999, the Respondent submitted the initial plan ("Plan") to further identify and fix the leak. This Plan called for the introduction of up to 4 applications of barite slurry, in 10-gallon increments. The Plan also provided for a fifth application augmented with 10 gallons of bentonite slurry in addition to 10 gallons of barite slurry if the l't four applications did not prove successful. 12. On November 2, 1999, the Department approved the Respondent's August 24, 1999, Plan. 13. Throughout the remainder of 1999 and into the first two months of 2000, numerous unsuccessful attempts were made under the Plan and its subsequent approved modifications to fix the leak in the annular space of IW-1. Page 2 of 14 Consent Order OGC-00-1874 ~-Ultimate y the following materials were added to the annulus of IW-1 on the listed dates with the following reported suits: Date November.16, 1999 December 6, rl999 January 5, 2000 February 2, 2000 February 16, 2000 February 23, 2000 Materials/Test Comments 100 lbs. of barite 300 lbs. of barite 300 lbs. of barite, 100-lbs. sand 600 lbs. of barite, 100 lbs. sand Annular Pressure test 700 lbs. of barite, 200 lbs. sand Slight reduction in fluid loss Slight reduction in fluid loss Rate reduced to .03 per 30 min. Rate reduced to near zero Loss 1 psi/min, then5 psi/min. Still leaking at a Iow rate 14. On April 14, 2000, a Plan of Further Action ("2"d Plan") was submitted to the Department. 15. On April 24, 2000, a "Notice of Status" letter was issued by the Department to the Respondent. This letter formally gave notice to the Respondent that the Department had determined that the City of Boynton Beach West Water Treatment Plant Injection Well, IW-1, failed to demonstrate mechanical integrity as required by Rule 62-528.307(3)(e)1, F.A.C. This letter further noted that, as the City had made satisfactory demonstration that fluid movement into or between underground sources of drinking water is not occurring, per the provisions of Rule 62-528.307(3)(e)4, F.A.C., the Department was allowing the continued operation of IW-1. 16. On May 18, 2000, the Department issued a request for information (RFI) regarding the 2nd Plan, referenced in paragraph 14 of this Consent Order. 17. On May 23, 2000, the Respondent responded to the Department's May 18, 2000, RFI. 18. On June 12, 2000, the Department approved the 2"d Plan of further action to resolve the issue of the failure to demonstrate mechanical integrity and to determine the location of the leak in the annular space of IW-1. 19. On June 16, 2000, per the approved 2nd Plan, an attempt was made by the Respondent to resolve the issue of the demonstration of mechanical integrity Via the further addition of material to the annular space of IW-1. The attempt was unsuccessful. 20. On July 3, 2000, to further clarify the source of the leak in the annular space of IW-1, the Respondent proposed, and the Department approved, the conducting of a video survey of IW-l's, 13 3/8-inch ID, tubing. 21. On July 6, 2000, the approved video survey was run in IW-l's, 13 3/8-inch, ID, tubing. The video survey revealed the presence of four ho[es in the 13 3/8-inch, ID, tubing. 22. On July 13, 2000, the Department issued a Notice of Non-Compliance ("Notice") to the Respondent. In the otice, the Department restated the fact that IW-!, failed to demonstrate mechanical integrity, and requested that the 'Respondent schedule a meeting with representatives of the Department. The purpose of the meeting was to formalize Page 3 of 14 Consent Order OGC-00-1874 ~_tbe process of effecting repairs to the well, and to discuss the drafting of a Consent Order to establish a timeline within 'hich the Respondent could return to compliance with Florida Statutes and the Rules promulgated thereunder. 23. On July 24, 2000, the Respondent submitted a plan for pressure testing ~ IW-l's 16-inch outside diameter (OD) casing. 24. On July 29, 2000, pressure testing successfully confirmed that the 16-inch OD casing demonstrated mechanical integrity in accordance with Rule 62-528, F.A.C. This test was accomplished by inserting a temporary packer through IW-l's, existing tubing and packer assembly, inflating the temporary packer at a depth such that the temporary packer was located between the base of the final casing and the base of the tubing and packer assembly. The mechanical integrity of IW-l's final casing was then tested by pressurizing IW-l's final casing from the top of the temporary packer up to IW-l's wellhead assembly on the surface pad. 25. On August 3, 2000, the Respondent requested that a meeting be held with the Department to discuss the status of IW-1. 26. On August 21, 2000, the Department met with the Respondent. It was mutually agreed that the Respondent --'-',ould enter into a Consent Order with the Department to resolve all issues regarding the demonstration of mechanical itegrity of IW-1. 27. On September 18, 2000, the Department received a "Plan for Repairing the Boynton Beach Deep Injection Well" (Repair Plan). The Repair Plan detailed the procedures necessary to repair IW-1, such that it would demonstrate mechanical integrity in accordance with Rule 62-528, F.A.C. The Repair Plan presented an alternative plan to a tubing and packer injection well. The proposed Repair Plan detailed the installation of a .cemented-in'annular space. The Repair Plan presented an alternative plan to a tubing and packer injection well, therefore, the Repair plan must be approved by the Department. 28. On October 18, 2000, the Department issued an RFI, regarding the Repair Plan. The RFI informed the Respondent that pursuant to Rule 62-528.410(1)(e), 1. and 2., F.A.C., the alternative to a tubing and packer well must be approved by the Department, and to whom the request should be submitted. The RFI also addressed other concerns the Department had regarding the Repair Plan and the detailed procedures contained therein. 29. On December 18, 2000 Respondent submitted to the Department an application and the a ppropriate fee for a ~';-~ajor Modification (Modification) to Department Operation Permit number UO-50-261254 (application). The application is ~rrently under review by the Department. Page 4 of 14 Consent Order OGC-00-1874 ~_. 30. On February 1, 2001, the Department issued a letter requesting a meeting with the Respondent to discuss ~rmitting issues and the Draft Consent Order dated December 18, 2000. This letter also included some of the proposed specific conditions, to be contained in the Modification, referenced in paragraph 29 of this Consent Order. 31. . On February 27, 2001, a meeting was held where the Department and the Respondent discussed the results of the research accomplished towards the repair of IW-1. The Respondent, Respondent's agents, and the Department discussed the proposed alternative packer design m specifically the cementing and geophysical logging programs that are incorporated in the proposed design. 32. Having reached a resolution of these matters the Respondent and the Department mutually agree, and it is ORDERED: 33. Respondent shall operate the City of Boynton Beach West WTP Injection Well System in accordance with the terms and conditions set forth in this Consent Order and Operation Permit Number UO-50-261254 (Exhibit A). 34. In accordance with Operation Permit #UO-50-261254, Specific Condition 2.j., the Respondent shall submit an application for Operation Permit renewal accompanied by the appropriate application fee at least sixty (60) days prior to ~-~5e~xpiration date of the permit. Operation Permit #UO-50-261254 expires on September 30, 2001. 35. . Immediately upon the effective date of this Consent Order, operation of IW-1 shall continue under the terms and conditions as set forth in Operation Permit Number UO-50-261254 (Exhibit A), with the following additional conditions as specified below, until such time as a new operating permit is issued by the Department for IW-1 and 'the successful demonstration of mechanical integrity of IW-1. a. The pressure in the annular space of IW-1 shall be continually maintained (at all times) at a pressure that is greater than the injection pressure; and b. During times in which IW-lis inactive for seven or more consecutive days the tubing and annular space of IW~I shall be flushed on a weekly basis with a volume of potable water, equal to or in excess of five times the volume of the final well casing. 36. Respondent shall, within 120 days of the Department's issuance to the Respondent of the Major Modification of Operation Permit UO-50-261254,.commence work required under the issued Modification. 37. Within 30 days of the effective date of this Consent Order, the Respondent shall pay to the Department ~-~-~1,000.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation ~d tracking of this Consent Order, OGC # 00-1874. Payment shall be made to the Department by cashier's check or money order. The instrument shall be made payable to the "Department of Environmental Protection" and shall include Page 5 of 14 Consent Order OGC-00-1874 ~:~'~.reon the OGC case number (OGC # 00-1874) assigned this Consent Order and the notation "Ecosystem Management d Restoration Trust Fund". The payment shall be mailed or delivered to the Florida Department of Environmental Protection, Southeast District Office, Post Office Box 15425, (400 North Congress Avenue), West Palm Beach, FL 33416. PENALTIES 38. 'Respondent agrees to pay the Department stipulated penalties in the amount of $500.00 per day for each and every day, or any portion thereof, Respondent fails to timely comply with any of the requirements of paragraphs 33 through 39 of this Consent Order. A separate stipulated penalty shall be assessed for each violation of this Consent Order. Within 30 days of written demand from the Department, Respondent shall make payment of the appropriate stipulated penalties to "The Florida Department of Environmental Protection" by cashier's check or money order. The instrument shall include thereon the OGC case number assigned this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund". Payment shall be mailed or delivered to the Florida Department of Environmental Protection, Southeast District Office, Post Office Box 15425, (400 N. Congress Avenue), West Palm ~;ach, Florida, 33416. The Department may make demands for payment at any time after violations occur. Nothing in ,s paragraph shall prevent the Department from filing suit to enforce any of the terms of this Consent Order. Any penalties assessed under this paragraph shall be in addition to the investigative sum agreed to in paragraph 37 of this Consent Order. If the Department is required to file a lawsuit to recover stipulated penalties under this paragraph, the Department shall not be foreclosed from seeking civil penalties for violations of this Consent Order in an amount greater than the stipulated penalties due under this paragrapli. [THIS SPACE LEFT BLANK INTENTIONALLY] Page 6 of 14 Consent Order OGC-00-1874 PUBLIC NOTICE 39. In accordance with Section 403.815 of the Florida Statutes (F.S.) and Rule 62-110.106 of the Florida Administrative Code (F.A.C.), the Respondent shall publish at your own expense the following Notice of Draft Consent Order (Notice). The Notice shall be published one time only in the legal notice section of a newspaper of general circulation in the affected area. The Notice shall be published at least thirty days prior to the public meeting for Draft Consent Order OGC # 00-1874. For the purpose of this Rule, "publication in a newspaper of general circulation in the area affected" means publication in a newspaper meeting the requirements of Sections 50.011 and 50.031, F.S., in the county where the activity is to take place. Where there is more than one newspaper of daily circulation in the county, the newspaper used must be one with significant circulation in the area that may be affected by the Draft Consent Order. The Respondent shall provide original proof of publication to the Department within seven (7) days of pu. blication, to the Flodda Department of Environmental Protection's Southeast Florida Distdct Office, UIC Program, Post Office Box 15425, ~'~lest Palm Beach, Florida 33416. [THIS SPACE LEFT BLANK INTENTIONALLY] Page 7 of 14 Consent Order OGC-00-1874 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF PROPOSED AGENCY ACTION FIRST SET OF PUBLIC NOTICES PUBLIC NOTICE OF DRAFT CONSENT ORDER STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF DRAFT CONSENT ORDER The Southeast District Office of the Department of Environmental Protection (Department or FDEP) hereby gives notice of Draft Consent Order (OGC # 00-1874) and its intent to conduct a public meeting regarding the Consent Order (OGC # 00-1874). The Boynton Beach West Water Treatment Plant's Injection Well System includes Dual Zone Monitor Well MW-1 and Injection Well IW-1 (IW-1). IW-1 is a 16-inch, outside diameter (OD), Class I Industrial tubing and packer type injection well, injecting through a 13 3/8-inch, inside diameter (ID), tubing set from land surface to a packer seated at 2,720 feet below land surface (BLS). IW-1 is utilized for the disposal and monitoring of only non-hazardous, membrane process reject concentrate (concentrate) through an open hole interval between 2,780 feet BLS and the total depth of the well at 3,312 feet BLS. The purpose of this Consent Order (OGC # 00-1874) is to resolve regulatory compliance issues related to the d.emonstration of mechanical integrity of IW-1. The Department has permitting jurisdiction under Chapter 403, Florida Statutes (F.S.), and Chapters 62-4, 62- _20, 62-522, 62-528, 62-550, 62-620, and 62-660, Florida Administrative Code (F.A.C.). The project is not exempt from permitting procedures. Under Section 403.088(2)(e) and (f), F.S., the Department may issue a permit for a discharge that does not meet all applicable Rules and Statutes, if the permit is accompanied by a Consent Order establishing a schedule for achieving compliance with permit conditions. The permit shall require compliance with the accompanying Consent Order. Any interested person may submit written comments on the Department's proposed Draft Consent Order to Joseph May, Florida Department of Environmental Protection, Underground Injection Control' (UIC) Section Post Office Box 15425, West Palm Beach, Florida, 33416, in accordance.with Rules 62-620.555, 62-528.310 and 62-528.315, F.A.C. The comments must contain the information set forth below and must be received in the Southeast District Office, Florida Department of Environmental Protection, P. O. Box 15425, (400 North Congress Avenue), West Palm Beach, Florida, 33416, by the close of the public meeting. Failure to submit comments within this time pedod may constitute a waiver of any right such person may have to submit comments under Rules 62-620.555, 62-528.310 and 62-528.315, F.A.C. The comments must contain the following information: (a) The commenteCs name, address, and telephone number, the applicant's name and address, the Department Permit File Number and the county in which the project is proposed; (b) A statement of how and when notice of the Department's action or proposed action was received; (c) A statement of the facts the Department should consider in making the final decision; and (d) A statement of which Rules or Statutes require reversal or modification of the Department's action or proposed action. PUBLIC MEETING ATE: at 10:00 a.m. , ~_ACE: Boynton Beach West Water Treatment Plant, Training Room, 5469 West Boynton Beach Boulevard, Boynton Beach, Palm Beach County, Florida, 33437 Page 8 of 14 Consent Order OGC-00-1874 r~.~-IRPOSE: To receive public comments regarding the proposed Draft Consent Order OGC # 00-1874. ;opy of the agenda may be obtained by writing to Mr. Joseph May, Florida Department of Environmental Protection, ~uJC Program, Post Office Box 15425, West Palm Beach, Florida, 33416. If accommodation-is needed for a disability in order to participate in the meeting, please notify the Personnel Specialist in the Bureau of Human Resources at 850-488-2996 or 1-800-955-8771 (TDD) at least seven days before the meeting. When a public meeting is scheduled the public comment period is extended until the close of the public meeting. The public meeting must be held in the area of the injection project no less than 30 days after the publication of this Notice for the purpose of receiving verbal and written comment concerning this project. Any interested person may submit oral or written statements and data at the public meeting on the Department's proposed action or may submit written comments to the FDEP office liSted herein up until the close of the referenced public meeting, The Department in formulating a final decision concerning the Draft Consent Order Will consider comments received within the 30-day period and during the public meeting. Since Rule 62-528.325, F.A.C., requires the public meeting to be held in the area in which th'e well is located, the public meeting may not be held in the Southeast Distdct office. As a result of significant public comment the Department's final action may be different from the position taken by it in this Notice. The Draft Consent Order and supporting documents are available for public inspection dudng normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Southeast District Office of the Florida Department of Environmental Protection, 400 North Congress Avenue, West Palm Beach, Flodda, or by contacting Mr. Joseph May at telephone (561) 681-6691. [THIS SPACE LEFT BLANK INTENTIONALLY] Page 9 of 14 Consent Order OGC-00-1874 SECOND SET OF PUBLIC NOTICES PUBLIC NOTICE OF CONSENT ORDER STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF CONSENT ORDER The Department of Environmental Protection gives notice of its Consent Order, OGC # 00-1874, with the City of Boynton Beach to resolve regulatory compliance issues related to the demonstration of mechanical integrity of Injection Well IW-1 (IW-1). The Boynton Beach West Water Treatment Plant's Injection Well System includes Dual Zone Monitor Well MW-1 and IW-1. IW-1 is a 16-inch, outside diameter (OD), Industrial tubing and packer injection well, injecting through a 13 3/8- inch, inside diameter (ID), tubing set from land surface to a packer seated at 2,720 feet below land surface (BLS). IW~I is utilized for the disposal and monitoring of only non-hazardous, membrane process reject concentrate (concentrate) through an open hole interval between 2,780 feet BLS and the total depth of the well at 3,312 feet BLS. A person whose substantial interests are affected by the Department's proposed decision to enter a Consent Order may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Petitions filed by the Respondent or any of the parties listed below must be filed within 21 days of receipt of this written Notice. Petitions filed by any other persons other than those entitled to written notice under Section 120.60(3) of the ~.E!pdda Statutes (F.S.) must be filed within 21 days of publication of the public notice or receipt of the written notice, ~ichever occurs first. Under section 120.60(3), however, any person who asked the Department for notice of agency .tion may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The petitioner shall .... ail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57 of the F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will only be at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205 of the Florida Administrative Code. A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner's representative, if any; the Department case or identification number and the county in which the subject matter or activity is located; (b) A statement of when and how each petitioner received notice of the Department action; (c) A statement of how each petitioner's substantial interests are affected by the Department action; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A statement of facts that the petitioner contends warrants reversal or modification of the Department action; (f) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (g) Demand for relief (sought by the petitioner, stating precisely the action that the petitioner wants the Department to take). A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise contain the same information as set forth above, as required by Rule 28-106.301, ~EA. C. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition ',,,eans that the Department final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department on the petitions have the right to petition to become a party to the proceeding, in accordance with 'the requirements set forth above. Page 10 of 14 Consent Order OGC-00-1874 Mediation is not available for this proceeding. A party to this order has the right to seek judicial review of it under Section 120.68 of the Florida Statutes, by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the clerk of the Department in the Offi,ce of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within thirty days after this order is filed with the clerk of the Department. The Consent Order is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday throUgh Fdday~ except legal holidays, at the Florida Department of Environmental Protection, 400 North Congress Avenue, West Palm Beach, Florida, 33401, or by contacting Mr, Joseph May at telephone (561) 681-6691. NOTICE OF PROPOSED AGENCY ACTION The Department of Environmental Protection gives notice of agency action of entering into a Consent Order with the City of Boynton Beach pursuant to Section 403.088(2)(e) and (f), Florida Statutes (F.S.). The Consent Order acts as a compliance order for one injection well and the associated dual zone monitor well and addresses violations of the Department Rules regarding the demonstration of mechanical integrity of IW-1. The Consent Order is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday thrOugh Friday, except legal holidays, at the Department of Environmental Protection, 400 North Congress Avenue, West Palm Beach, Florida 33401, or by contacting Mr. Joseph May at telephone (561) 681-6691. Persons whose substantial interests are affected by the above proposed agency action have a right, pursuant to Section 120.57, F:S., to petition for an administrative determination (hearing) on the proposed action. The Petition must conform r~-~ the requirements of Chapter 28-5, Florida Administrative Code (F.A.C.), and mu¢ be filed (received) with the epartment's Office of General Counsel, 3900 Commonwealth Boulevard, MS-35, TallahAssee, FL 32399-3000, within 21 ~ys of publication of this notice. Failure to file a petition within 30 days constitutes a waiver of any right such person has td an administrative determination (hearing)pursuant to Section 120.57, F.S. The Petition shall contain the following information: (a) The name, address, and telephone number of each petitioner, the applicant's name and address, the Department Case Number and the county in which the subject matter or activity is located; Icbl A statement of how and when each petitioner received notice of the Consent Order; A statement of how each petitioner's substantial interests are affected by this Consent Order; (d) A statement of facts which petitioner contends warrants reversal or modification; (e) A statement of which rules or statutes petitioner contends requires reversal or modification of the Consent Order; (f) A statement of facts Petitioner contends warrants reversal or modification of the Con§ent Order and (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Consent Order. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this notice. Persons whose substantial interest will be affected by any decision of the Department with regard to the subject Consent Order have the right to intervene in the proceeding. The petition must conform to the requirements specified above and be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at 3900 Commonwealth Blvd., Mail Station 35, Tallahassee, Florida, 32399. Failure to petition within the allowed time frame constitutes a waiver of any such right such person has to request a hearing under Section 120.569 and 120.57, F.S., and to participate as a party to this proceeding. Any subsequent intervention will be only at the approval of the presiding officer upon a motion filed pursuant to 60Q-2.010, FAC. ..... ediation under Section 120.573, F.S., is not available for this proceeding. Page 11 of 14 Consent Order OGC-00-1874 .... STANDARD LANGUAGE 40. This Consent Order shall expire, upon the successful demonstration of mechanical integrity of IW-1 and issuance of an operation permit. 41. Respondent shall allow any duly authorized Department personnel access to the property for annual Compliance Evaluation Inspections, Mechanical Integrity Testing witnessing and Construction Inspections. The Respondent shall allow any duly authorized representative of the Department access to the property and the facility at any reasonable times for the purpose of determining compliance with the terms and conditions as set forth in this Consent Order, operation permit conditions and the Rules of the Department. 42. The Department, for and in consideration of complete and timely performance of the obligations agreed to in this Consent Order, hereby waives its right to seek judicial imposition of damages or civil penalties for the alleged past violations outlined in this Consent Order. 43. The Respondent acknowledges, but waives its right to an administrative hearing pursuant to Sections 120.569 and 120.57, F.S., on the terms of this Consent Order. Respondent acknowledges its right to appeal the terms of this ~ ~onsent Order Pursuant to Section 120.68, F.S., but waives that right upon s~gning this Consent Order. 44. The terms and conditions set forth in this Consent Order may be enforced by either the Department or the Respondent in a court of competent jurisdiction pursuant to Sections 120.69 and 403.121, F.S. Failure to comply with the terms of this Consent Order may constitute a violation of Section 403.161(1)(b), F.S. 45. The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit any violations of applicable statutes or the rules of the Department promulgated thereunder not specifically addressed by the terms of this Consent Order. 46. This Consent Order supersedes all orders, draft permits and understandings between and among the parties. No modifications of the terms of this Consent Order shall be effective until reduced to writing and executed upon by both the Respondent and the Department. 47. In the event of a sale or conveyance of the facility or of the property upon which the facility is located, if all of the requirements of this Consent Order have not been fully satisfied, Respondent shall, at least 30 days prior to the sale or conveyance of the property or facility, (1) notify the Department of such sale or conveyance, (2) provide the name ~d address of the purchaser, or operator, or person(s) in control of the facility, and (3) provide a copy of this Consent _~rder with all attachments to the new owner. The sale or conveyance of the facility, or the property upon which the facility is located shall not relieve the Respondent of the obligations imposed in this Consent Order. Page 12 of 14 Consent Order OGC-00-1874 ~ - 48. Respondent is fully aware that a violation of the terms of this Consent Order may subject Respondent to 'licial imposition of damages, civil penalties up to $10,000.00 per day or an.y portion thereof, per offense and criminal penalties. 49. The provisions of this Consent Order shall apply to and be binding upon the parties, their officers, their directors, agents, servants,, employees, successors and assigns and all persons, firms and corporations acting under, through or for them and upon those persons, firms and corporations in active concert or participation with them. 50. Entry of this Consent Order does not relieve Respondent of the need to comply with any and all applicable federal, state, or local laws, regulations or ordinances. The Consent Order is a settlement of the Department's Civil and Administrative authority adsing from Chapters 373, 403 and 376 F.S.; to pursue the allegations addressed herein. The Consent Or~ler does not address any criminal liabilities that may arise under Florida Law nor does it address settlement of any violation which may be pro. secured criminally or civilly under federal law. [THIS SPACE LEFT BLANK INTENTIONALLY] Page 13 of 14 Consent Order OGC-00-1874 51. This Consent Order is final agency action of the Department pursuant to Section 120.52(! I), (7), F.S., and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida Statutes. Upon the timely filing of a petition, this Consent Order will not be effective until further order by the Department. FOR THE RE. SPONDENT Gerald'Broeni~g Date Mayor City of Boynton Beach, Florida FOR THE DEPARTMENT Director of District Management Southeast Florida District Attachment (all) MLM/A~;~//JPL ~ FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. ~' "--~... ~ ~ P~ 1 7 ~OOl / ~lg~ ~ - 'o,. ~, ~ -. ~ . / Y .... ~ ~ ~ ~ o ~ CLERK DATE % ' cc: Richard Deuerling UIC, MS-3530 ~,' ........ ~ancy.~arsh, USEPS Region IV, ATL · ' "/~ ~ORi " ' Dawd McNabb, CH2M Hdl, WPB Y/z- ~hoemake, USEPA Renion IV, ATL J.P. Listick, ~ CIE, WPB Cathy McCa~, UIC, MS-3530, TAL Dan Phelps, UIC, WPB Lar~ Morgan, OGC, TAL John Guid~, Ci~ of Boynton Beach RobeA Kenyon, Ci~ of Boynton Beach cIT~ ATTORNEY Page 14 of 14 Consent Order OGC-00-1874 EXHIBIT A FDEP OPERATION PERMIT UO-50-261254 FLORIDA .....!~. wton ~hiles Governor ,_.P 3 0 't996 CERTI~iED MAIL RETURN RECEIPT REQUESTED Mr. John Guidry Director of Utilities City of Boynton Beach 124 Southeast 15th Avenue Boynton Beach, FL 33425 Dear Mr. Guidry: Department of Environmental Protection Southeast District West Palm Beach, Florida 33416 Seereta~ O ZCE OF PER IT Palm Beach County UIC - City of Boynton Beach 'Class I Injection Well IW~i Monitor Well MW-1 UO 50-261254 Enclosed is Permit Number gO 50-261254 to operate a Class I municipal injection ,well (IW-1) and one associated dual zone monitor well (MW-i) issued pursuant to Sec~'ion(s) 403.087, Florida Statutes. Any party to this Order (permit) has the right to seek judicial review of the permit pursuant to Section 120.68, Florida Statutes, by the filing, of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk o~ the Department in the Office of General Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal ~ust be filed within fourteen (14) days from the date this Notice is filed with the Clerk of the Department. · ~ qf yQu have any questions please contact Mr. Bill Cocke or Len Fishkin of this of ~e at (561) 681-6691 or 681-6742, respectively. ~xecuted'in West Palm Beach, Florida. Copies furnished to: STATE OF FLORIDA DEPARTMENT OF ELrgIRONMENTAL PROTECTION · los Rivero- deA~u~la$ ' Director of Distrmc~anagement P. O. Box 15425 West Palm Beach, FL 33416 Pete Mazzella, Boynton Beach Luna Ergas, OGC/FDEP/TLH Steve Anderson, SFWMD/WPB Ron Reese, USGS/MIA Richard Deuerling, FDEP/TLH Cathy McCarty, FDEP/TLH Tom McCormick, CH2M Hill/DFB Brad Russell, FDEP/WPB Nancy Marsh, USEPA/ATL Dick Bohrer, PBCPHTJ/WPB Bill Cocke, FDEP/WPB Len Fishkin, FDEP/WPB CERTIFICATE OF SERVICE This is to certify that the close of b'dsiness on~['N~V~; PERMIT and all copies were mailed before to the listed persons. FILING ~2~rD ACKNOWLEDGMENT: ~, om~his'da~e, ~ursuant to the ~120.52(9), Florida ~tatutes, with the des.~ ~a~ed ~partmen~. Oie~k, receipt of which is hereby acknowledged. "Protect. Conserve ~nd ?d~n~e Florida's [~}virunn;en~ and Ncmtrol Resources" Printed on recycled paper. Department of :.:';, -;.! o o Environmental Protection ,~wton Chiles GoYerr~or Southeast District P.O. Box 15425 West Palm Beach, Florida 33416 Virginia B. We. therell Secretary PER~IT PERMITTEE: Mr. John Guidry Director of Utilities City of Boynton Beach 124 Southeast 15th Avenue Boynton Beach, FL 33425 I.D. Number: 5050M03127 PERMIT/CERTIFICA~O~~ul~,~B : UO 50-261254 DATE OF ISSUE: ~k~ ~20~~ EXPIRATION DATE: S~ COUNTY: Palm Beach LATITUDE/LONGITUDE: 26°31'43"N/80°07'18"W PROJECT: Operating permit for Class I Injection Well IW-1 This permit is issued under the provisions of Chapter 403.087, Florida Statutes, ~nd Florida Administrative Code (F.A.C.) Rules 62-4, 62-520,'62-528, 62-550 and 62-660. The above named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawing(s), plans, and other documents attached hereto or on fmle with the Department and made a part hereof and specifically described as follows: TO OPERATE: One sixteen (16) inch (O.D.), Cla~s I Industrial injection wel~ ~IW-1 with a 13-3/8-inch (O.D.) liner and a deep dual-zone monitor well, MW-1.~= ' injection well will be used to inject up to a flow rate of eight (8.0) feet per second (peak ho~r flow) or 4.06 mmllion gallons per day (MGD) of only non-hazardous, ff~rane proces~ reject c~oncentrate (concentrate). The injection interval is between ~ 80 feet and the total depth of the well at 3,312 feet below land surface (BLS). ~ confinement of the injection zone from overlying underground source of drinking v~ ~er (USDW) aquifers and fluid movement adjacent to the wellbore of'the injection well is monitored by two monitor zones. The lower monitoring interval is between 1,800 feet and 1,855 feet BLS for the purpose of monitorin~ below the lowermost USDW. The upper monitorin~ interval is between 970 feet and 1,084 feet BLS and is designed to monitor within the USDW. IN ACCORDANCE WITH: Application to Operate a Class I Injection Well System received on November 23, 1994; applic4tion for construction permit extension received on December 20, 1994; Request for Information (RFI) sent on December 28, 1994; response to RFI received on March 17, 1995 and July 5, 1995; publication of the Notice of Draft Permit on December 8, 1995 in the Palm Beach Post and receipt of public comment at a public meeting held on January 11, 1996 in the City of Boynton Beach; Certificate of Financial Responsibility issued November 6, 1990; Publication of Intent to Issue Permit UO 50-261254 in the Palm Beach Post newspaper on June 22, 1996. LOCATED AT: Boynton Beach West Water Treatment Plant at West Boynton Beach Boulevard, Boynton Beach, Florida. TO SERVE: City of Boynton Beach West Water Treatment Plant. SUBJECT TO: General Conditions 1-17 and Specific Conditions 1-6. Page 1 of 10 '17-1.201(5) ective November 30, t982 "Protect. Conserve and ;~ana~e Florid~'Fs Environment and Natural Resources" Printed on recycled paper. GENERAL COI~DITIONS: The following General Conditions are referenced in Rule 62-4.160 of the Florida ~dm~istrative Code. Fhe terms, 6onditions, recj~/.irements, Ilmitations and restrictions set forth ' this ermit are" erm~t cond' ' Ln p , p ltlons" and are binding and enforceable pursuant to Sections 403.141, 403.727, or 403.859 through 403.861, F.S. The permittee is placed on notice that the Department will review this permit periodically and may initiate enforcement action for any violation of these conditions. 2. This permit is vglid only.for the specific processes and operations applied for and ~ndicated. in the~approved drawings or exhibits. Any unauthorlzed deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the Department. 3. As provided ~n subsections 403.087(6) and 403.722(5), F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be re~q~ired for other aspects of the total project which are not addressed in this permit. 4.. This permit conveys no title to land or water, does not constitute State recoghition or aCkno~wledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State oplnion as to title. 5. This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the conStruction or operation of this permitted source, or fr~m penalties therefore; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically ~authorized by an order from the Department. The permittee shall properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed and 'used by the permittee to achieve compliance with the conditions of this permit, are required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when n~cessary to achieve compliance with the conditions of the permit and when required by Department rules. 7. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation o~ credentials or other documents as may be required by law and at reasonable times, access to the premises where the permitted activity is located or conducted to: (a) ~ave access to and copy any records that must be kept under conditions of the permit; (b) Inspect the facility, equipment, p~actices, or operations regulated or required under this permit; and (c) Sample or monitor any substances or parameters at any location reasonable necessary to assure compliance with this permit or Department rules. Reasonable time may depend on the nature of the concern bein~ investigated. 8. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the followin~ information: (a) A description of and cause of noncompliance; and (b) The period of noncompliance, includin~ dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to educe, eliminate, and prevent recurrence of the noncompliance. The Dermittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit. Page 2 of 10 GENERAL CONDITIONS 9. In accepting this permit, the permittee understands and agrees that all ~._~ecords, notes, monitoring data and other information relating to the ~ :onstructio~ o~ operation of this permitted source which are submitted to ~he Department may be used by the Department as evidence in any enforcement :ase involving the permitted sourc~e arising under the Florida Statutes or · Department rules, .except where such Use is prescribed by Secti6n 403..111 and 403.73, F.S. Such evidence shall only be u~ed to the ektent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules. 10. The permittee agrees to comply with changes in Department rules and Florida Statutes-after a reasonable time for compliance; Provided, however, the permittee does not waive any other right~ granted by Florida Statutes or Department rules._A reasonable tim~ for compliance with a new or amended surface water~q~ality standard, other than those standards addressed in Rule 62-302.500, shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard. 11. This permit is transferable only upon Department approval in accordance with Rule 62-4.120 and 62-730.300 F.A.C., as a~plicable. The permittee shall be liable for any non-compliance of the permitted activity until the transfer is approved by the Department. 12. This permit or a copy thereof shall be kept at the work site of the · permitted activity. 13. This permit also constitutes:' (a) Determination of Best Available Control Technology (BACT) (b) Determination of Prevention of Significant Deterioration (PSD) (c) Certification of compliance with state Water Quality Standards (Section 401, PL 92-500) (d) Compliance with New Source Performance Standards 14. The permittee shall comply with the following: (a) Upon request, the permittee shall furnish all records and plans required under Department rules. During enforcement actions, the retention perio~ for all records will be extended automatically unless otherwise stipulated by the Department. (b) The permittee shall hold at the facility or other location designated by this permit records of all monitoring information (including all calibration and maintenance records and all original s~rip chart recordings for continuous monitoring instrumentation) re~u~red bv the oerm~t, copies of all reports required by this permit, an~ record~ of all data used to complete the application for this permit. These materials shall be retained at least three years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule. (c) Records of monitoring information shall include~ 1. the date, exact place, and time of sampling or measurements; 2. the person responsible for performing the s.ampling or measurements;  . the dates analyses were performed; the person responsible for performing the analyses; ~[ the analytical techniques or methods used; 6. 'the results of such analyses. 15. When requested by the Department, the permittee shall within a reasonable time furnish any information required by law which is needed to determine compliance with the permit. If the permittee becomes aware the relevant facts were not submitted or were incorrect in the permit application or in any r~ort to the Department, such facts or information shall be corrected promp~±y. Page 3 o~ 10 GENERAL CONDITIONS: 16. In the case of an underground injection control permit, the following permit .... conditions also shall apply: (a) A~I reports or information required by the Department shall be certified as.being true, accurate and complete. - . (b) Reports.of compliance or noncompliance with, or any progress reports on, requirements contained in any compliance sche~ulA of this permit shall be submitted no later than 14 days foll'owing each schedule bate. (c] Notification of any noncompliance which may endanger health or the environment shall b? reported verbally to the Department within 24 ho~rs and again within 72 hours, ~nd a final written report provided within two weeks. 1. The verbal reports shall contain any monitoring or other information which indicate that any contaminant may endanger an underground source of drinking water and any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between underground sources of drinking water. 2. Th~ written submission shall contain a description of and a discuosion of the cause of the noncompliance and, if it has not been corrected, the anticipated time the noncompliance, is expected to continue, the steps being taken to reduce, eliminate, and prevent recurrence of the nonCompliance and all information required by Rule 62-528.230(4) (b), F.A.C. (d) The Department shall be notified at least 180 days before conversion ~r abandonment of an injection well, unless abandonment within a lesser period of time is ~ecessary to protect waters of the state. 17. The following conditions also shall apply to a hazardous waste facility permit. (a) The following reports shall be submitted to the Department: 1. Manifest discrepancy report. If a significant discrepancy in a manifest is discovered, the permittee shall attempt to recti, fy the discrepancy. If not .resol{zed within 15 days after the waste is received, the p~rmittee shall immediately submit a letter report, including a copy of the manifest, to the Department. 2. Unmanifested waste report. The permittee shall submit an unmanifested waste report to the Department within 15 days of receipt of unmanifested waste. 3. Biennial report. A biennial report covering facility activities duri[%g the previous calendar year shall be submitted by ~arch 1 of each even numbered year pursuant to Chapter 62-730, F.A.C. (b) Notification of any noncompliance which may endanger health or the environment, includin~ the release of any hazardous waste that may endanger public drinking water supplies or the occurrence of a fire or explosion from the facility which could, threaten the environment or human health outside the facility, shall be reported Verbally to the ° ~epartment within 24 hours, and a written report shall be provided %..ithin 5 days. The verbal report shall include the name, address, I.D. number, and telephone number of the facility, ~ts owner o~ operator, the name and quantity of materials involved, the extent ol any injuries, an assessment of actual or potential hazards, and the estimated quantity and disposition of recovered material. The written submission shall contain: 1. A description and cause of the noncompliance. 2. If not corrected, the expected time of correction, and the steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. (c) Reports of compliance or noncompliance with, or any progress reports on, requirements in any compliance schedule shall be submitted no later than 14 days after each schedule date. (d) All reports or information required by the Department by a hazardous waste permittee shall be signed by a person authorized to sign a permit application. Page 4 of t0 PERMITTEE: Mr. John Guidry Director of Utilities Boynton Beach West WTP ~ IF~C CONDITIONS: I.D. NUMBER: 5050M03127 PEP~IIT/CERTIFICATIONNUMB~P' UO 50-261254 DATE OF 3 0 EXPIRATION DATE: SEP 3 0 2001' 1. Operating Requirements Co eo To insure that the flow to the injection well at the wellhead does not exceed sixty-six (66) perce~t of the mechanical integrity test pressure (100 pounds per square inch, psi), pre~sure.~t the wellhead shall b~,mo~%to~ed and con%rolled at all times to ensure the maximum pressure on n~e mmna± . casing does not exceed sixty-six (66) psi and the fluid Velocity down the well does not exceed a.peak hourly flow rate equivalent to eight (8.0) feet per second (4.06 million gallons per day, MGD) during routine operation.  he in~ection well system shall be monitored by continuous indicating, ' ecord~ng and totali~ing devices for concentrate flow rate and volume, injection pressure and ~onitor zone pressure (all Zones). All gauges and recording devices shall b!e maintained in good operating condition and calibrated semiannually aita minimum. The monitoring zone pressures are to be referenced to the NatiOnal Geodetic Vertical Datum (NGVD).of 1929, and the monthly monitoring report shall indicate that pressures are referenced tO NGVD. : The flow from the monitor! zones during well evacuation and sampling shall not be discharged to surface waters or the Underground Source of Drinking Water (USDW) aquifers. No underground injection is to be allowed which may cause or allow movement of the injected fluid into any USDW. Only reverse osmosis concentrate reject water from the City of Boynton Beach, West Water Treatment Plant shall be disposed via the injection well system. .~ Testin~ and Reporting Requirements Any failure of injection well monitoring and recording equipment for a period of more than forty-eight (48) hours shall be reported to the beoartment'within twenty-four (24) hours. A written re~ort describing the incident shall also be submitted to the Department within five (5) days of the start of the event. The written report shall contain a complete description of the occurrence discussing its cause(s) and the steps being taken to reduce, eliminate, and prevent recurrence of the event and all other information deemed necessary by the Department. [This space was intentionally left blank.] DE'R Form 17-1.201(5) Effecnive .November 30, 1982 Page 5 of 10 PERMiTTEE: Mr. John Guidry Director of Utilities Boynton Beach West WTP [F!~ CONDITIONS ~ I.D. NI3MBER: 5050M03127 PERMIT/CERTIFICA~ UO 50-261254 DATE OF ZSS : U EXPIRATION DATE: SIP 3 ~, ~% b. The following injection well performance and monitor zone data shall be recorded as indzcated and reported as indicated: 1) 2) 3) Injection well performance: *total daily flow to injection well (MG) * daily maximum flow to ~njection well (MGD) * average daily flow to in~ection well (MGD) * daily maximum injection pressure at in~ection well (psig) * daily average in~ection pressure at injection well (psig) * monthly averages for the above daily measurements Annular zone performance: * water level on pressure compensation tank * daily maximum pressure on annulus (psig) * daily minimum pressure on annulus (psig) 'Monitor well performance: Physical characteristics of upper and lower monitor zones: * daily maximum, sustained monitor zone pressure (psigi * daily minimum, sustained monitor zone pressure (psig) * daily average monitor zone pressure (psig) * monthly averages for the above Chemical characteristics of upper and lower monitoring zones (monthly): * sulfate (mg/L) ' * sulfide (mq/L) * sulfate/sulfide ratio * total dissolved solids (TDS) (mg/L) * chloride (mg/L) * conductivity (umho/cm) * ph' (standard units) * ~emperature (°F) * !ron (mg/L) (quarterly): * total organic carbon (TOC) (mg/L) * total hardness (mq/L as CaCO3) * calcium hardness ]mq/L as CaCO3) * magnesium hardness ]mg/L as CaCO3) * posassium (mg/L) · * bromide (mg/L) * sodium (mg/~) * ammonia (mg/L) The following wastestream analysis for the injection well will be recorded and reported as indicated. (daily): pH (standard units) conductivity (umho/cm) total dissolved solids (TDS) (mg/L) phosphate (mg/L) total organic carbon (TOC) (mg/L) total hardness (mg/L) otassium (mg/L) romide (mg/~) chloride (mg/L) ammonia (mg/L) sulfate (mg/L) DER Form 17-1.201(5) Effective November 30, 1982 Page 6 of 10 PEP~lITTEE: Mr. John Guidry Director of Utilities City of Boynton Beach ..] ~F~C CONDITIONS: I.D. }UJMBER: 5050M0312 S0-22079S DATE OF ISSUE: b~ EXPIRATION DATE:ssp. 3 0 ~ul Co A minimum of three (3) well volumes of fluid shall be evacuated from each monitor system prior to samplin9 for the chemical parameters listed. All samples shall be analyzed by a state-certified-laboratory. A controlled quarterly test of well injectivity (rate/pressure) shall be conducted in accordance with Rule 62-528.430(2)(c), F.A.C., with at least - three specified injection flow rates. The high rate should approach maximum design flow. The following data shall be recorded and reported at each injection rate:: ~ injection flow rate (m~d) *in]ection pressure (pslg) * wellhead pressure with no flow (shut in pressure in psig) * monitor zone pressures (psig) All readings shall be taken after a minimum five (5) minute period of stabilized flow. Pursuant to Rule 62-528'.430(2) (c), F.A.C., as part of the specific injectivity test, the well shall be shut-in for a period of time necessary to conduct a valid observation of pressure fall-off. The four surficial aquifer monitor wells identified as Pad Monitor Wells (paw's) installed at the corners of the injection well pad shall be identified by injection well number, location number and pad location, i.e. N.W., NE, S.W., ~nd SE. These wells shall be sampled quarterly and analyzed for chloride (mg/L), conductivity (umhos/cm), total dissolved solids (mg~L) and water level (relatiVe to NGVD). The results of these analyses shall be submitted with the quarterly well injectivity test results. In addition, these pad monitor: wells shall be sampled forty-eight (48) hours prior to the initiation and after the completion of'mechanical integrity testlng of the injection well system or any other maintenance, testing or repairs to the system which represent an increased potential for accidental discharge to the surficial aquifer. The results of these analyses shall be submitted to the department within thirty (30) days of the completion of the activity. A summary sheet from the FDEP Southeast District is attached. Ail injection well data submissions including Monthly Operating Reports (~,~OR's) shall be clearly identified on each ~age with facility name, I.D. N~mber, permit number, ~perator's name, license number, daytime phone n,~mber date of sam~lin~recording and tvoe of data ~onitor zones shall be identified by well and ~epth Interval. ~e lead plant operator or higher official shall sign and date each submittal. An approved summary sheet from the FDEP Southeast District Underground Injection Control (UIC) Section is attached. [This space was intentionally left blank.] DER Form 17-1.201(5) Effective November 30, 1982 Page 7 of 10 PERMITTEE: Mr. John Guidr¥ Director of Utilities Boynton Beach West WTP £ IFI'C CONDITIONS: I.D. Number: 5050M03127 PERMIT/CERTI FICATIQ~ DATE OF ISSUE: UO 50-261254 ho The monthly reports shall be submitted to this office (FDEP, UIC Section, P.O. Box 15425, West Palm Beach, FL 33416) and our Tallahassee office  FDEP, UIC SectiOn Twin Towers Building, 2600 Blair Stone Road, Tallahassee, lorida 32399-2400) by the fifteenth [15) of each month. A WasteSt~eam analysis (twenty-fohr (24) hour composite sample) for primary and secondary drinking water ~tandards (62-550 F.A~C.) and minimum criteria, see attached list, must be submitted annually (sampled in February and submitted in April). The permittee shall submit the final report for the demonstration of mechanical integrity for the injection well prior to December 31, 1996, and' every five (5) year~ thereafter in compliance with the criteria established in Rules 62-528.425(1) (d) and 62-528.300(6) (c), F.A.C.: TV survey, casing/tubing pressure test, radioactive tracer survey, temperature log, and a graphically~evaluation of monitoring well data over the previous five (5) ~ear period. A plan describing the mechanical integrity procedures shall be ~ubmitted to th~ ~par~ment for approval at least one hundred eighty (18Q) days prior to the zmnal report due date noted above. In the everit : operational or other data xndicate a possible loss of integrity in the injection well, the mechanical integrmty and other testing may be required at less than a five (5) year interval. The operating permit renewal application with appropriate application fee for the injectzon well shall be submitted at least sixty (60) days prior to the expiration date of the permit. 3. Surface Equipment The integrity of the monitor zone sampling system shall be'maintained at all times. Sampling lines and equipment shall be kept free of contamination with independent discharges and no interconnections with any other lines. Sampling lines shall be clearly and unambiguously identified by sampling zone at the point at which samples are drawn. The surface equipment for the injection well system shall maintain compliance with Chapter 62-600 F.A.C. for water hammer control, screening, access for logging and testing, reliability and flexibility in the event of damage to the well and effluent piping. A regular program of exercising the valves integral to the well head shall be instituted. At a minimum, all valves integral to the well head shall be exercised during the regularly scheduled quarterly injectivity testing. The injection well and monitoring well surface equipment and piping shall be kept free of corrosion at all times. Spillage onto the injection well pad during construction activities, and"any waters spilled during mechanical integrity testing, other maintenance, testing or repairs to the system shall be contained by an impermeable wall around the edge of the pad and directed to a sump pump which in turn discharges to the pumping station wet well or via other approved means to the injection welt system. The injection well'construction pad with impermeable perimeter retaining wall s~all be maintained and retained in service for the life o~ the injection well. The injection and monitoring well pad(s) are not, unless specific approval is obtained from the Department, to be used for storage of any material or equipment at any time. The four surficial a~lifer monitor wells installed at the corners of the injection welt pad shall be secured, maintained and retained in service. Form 17-1.201(5) z~ctive November 30, 1982 Page 8 of 10 ~ERMITTEE: Mr. John~ Guidry Director of Utilities Boynton Beach West WTP . ~ FI~ CONDITIONS: I.D. Number: 5050M03127 DATE OF ISSUE- 4. Financial Responsibility bo The permittee shall maintain the resources necessary to close, plug and abandon the injection, and associated monitor wells, at all times (Rule 62-g28.435(9), F.A.C.). ' The permittee shall review annually the plugging and abandonment cost estimates. An increase of ten (10) percent or more over the cost estimate upon which financial responsibility %s bgsed shall require the permittee to submit documentation to obtain an updated Certificate of Demonstration of Financial Responsibility. In the event the mechanism used to demonstrate financial responsibility should become invalid for any reason, the permittee shall notify the Department of Environmental Regulation'in writing w~thin, fourteen (14) days of such invalidation. The permittee shall then within thirty (30) days of said notification submit to the Department for approval new financial documentation in order to comply with Rule 62-528.435(9), F.A.C., and th~ conditions of this permit. 5. Emergency Disposal All applicable federal,-state, and local permits shall be in place to allow for any alternate discharges due to emergency or planned outage conditions. Any proposed changes in emergency disposal methods shall be submitted for UIC-Technical Advmsory Committee (TAC) review and Department approval prior to implementation. The alternate disposal method approved by the Department as a part of this permit shall be maintained in working order at all times. In the event of an emergency and/or discharge, or other abnormal event where the permittee is temporaril~ unable to comply with any of the conditions of this permit due to breakdown of equipment,, power outages, destruction by hazard or fire, wind, or by other cause, the Department shall be notified in person or by telephone within twenty-four (24) hours of the incident. A written report describing the incident shall also be submitted to the Department within five (5) days of the start of the incident. The written report shall contain a complete description of and discuss the cause of the emergency and/or discharge, and if it has been.corrected, the anticipated time the discharge is to continue, the steps being taken to reduce, eliminate, and prevent recurrence of the event, and all other information deemed necessary by the Department. Signatories a. Ali. reports and other submittals required to comply with this permit shall be signed by a person authorized under Rules 62-528.340(1) or (2), F.A.C. b. In accordance with Rule 62-528.340(4), F.A.C., all reports shall contain the following,, certification:. ' ' I certmfy under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for page 9 of 10 gatherin~ the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties f6r submitting false infOrmation, including the possibility of fin~.and imprisonment for knowing violations." Issued this ~ day of · 1996 STATE OF FLORIDA DEPAItTMENT OF ENVIRO~ENTAL PROTECTION CatalePsies Rivero-deA~uilar Director '"o~/District ~anagement Form 17-!.201(5) 3ffective November 30, 1982 Page !0 of 10 I)NDERGRC ~ IN.IECTION CON 'ROL SECTION MON~I'-I~_,- OPERATING REP.ORT DA.,. & SUMA<L,~RY FACILITY; r ~r-'--NU?IBER: 12'4tL~TION VVELL ~ASING DEPTH rW TOTAL DEPTH REPORT MONTH/YEAR PER~[IT NUMBER PERMIT EXPIRATION DATE L~AD OPERATOR PHONE NUMBER .IN. IEC.TION '~VELL DATA AVERAGE DAILY FLOW MGD **MAX DAILY FLOW PER MO (mg) MG **PEAK HR FLOW (MGD)ON ~X DAY MGD MAXIMUM SUSTAINED INJECTION PRESSURE PS~G ~,IONTHLY AVG. INJECTION PRESS. PSIG MONTHLY WELLHEAD PRESSURE WITH NO FLOW(Shut-in) PSIG ~**~XIMU~I INJECTION PRESSURE PERMITTED PSIG **~(note: injection pressure not to 'exceed 66% tested pressure) ~ested casing pressure during MIT PSIG MONITORING %VEl-J-, DATA (MA5~// ) UPPER ~ONITORING INTERVAL (from %o ft. b.t.s.) ~[ONTHLY MAX DAILY PRESSURE 14ONTHLY HIN DAILY PRESSURE ,TDS (mon'thly average) CHLORIDE (monthly avg.) AR~MONIA-N (monthly avg. ) TKN (monthly average) pH (monthly avg) CONDUCTIVITY (mo. avg.) FECAL COLIFORM (mo.avg.) TEMPERATURE (mo. avg.) TOTAL PHOSPHOROUS (mo.avg) SULFATE (monthly avg. ) PSIG or FT..HEAD (Rel to NGVD) PSIG or FT. HEAD (Rel to NGVD) rog~1 rog/1 rog/1 mg/1 etd units umho / cm fcol/100ml deg. LOWER I.[ONITORING INTERVAL (from to ft. b.l.s.)_ HONTHLY 14AX DAILY PRESSURE HONTHLY 14IN DAILY PRESSURE TDS (monthly average) CHLORIDE (monthly avg.) AMMONIA-N (monthly avg.) TKN (monthly avg.) pH (monthly av~) CONDUCTIVITY . (mo. - avg. ) FECAL COLIFOR34 (mo:avg.) TEMPERf{TURE (mo. avg. ) TOTAL PHOSPHOROUS (mo.avg) SULFATE (monthly avg. ) PSIG or FT. HEAD (Rel to NGVD) PSIG or FT. HEAD (Rel to NGVD) mg/1 mg/1 mg/1 mg/1 Std units .u~ho~cm. #col/-100ml deg. mg/1 m~/1 WASTESTRE~ ANALYSIS: Sample Date: Submittal Date: DATE OF. TEST-. PERMIT NO.: WELL NO. IFACILITY: . ll.D. #: ILEAD OPEp,_ATOR INJECTIVIT¥ TEST SAMPLE lOC : 75 ~- ~o 25 0 5 10 15 ~,, _ ' FL~\V, GPMorMGD - .' ~j [.-, 0 SOUTI~AST DISTRICT IIIC SECTION .SUIkFICIAL A 0UIFER MONITOR WELL QUARTERLY REPORT F'ACILIT¥ NAME REPORT MO/YR. OPEt~TO1K NAME LICENSE #. I.D.NUM'BER PERMIT # INJECTION V/ELL # SAMPLING DATE /- LOCATION NE CORNER Nn,v CORNER SE CORNER SW CORNER ELEVATION OF TOC 0qOVD) . DEPTH TO · w^'ns~: croc) WATER, LEVEL CHLORIDES CONDUCT1RrlTY ANALYZED BY: PHONE # ,SAMPLED BY:i TITLE SITE PLAN OF I°BqRV ]bO CA'TIONS ATTACHMENT PRIMARY STANDARDS DRINKING WATER STANDARDS June 29, 2000 PARAMETER Alachlor (Polychlorinated biphenyl or PCB) Aroclors (Polychlorinated Biphenyls or PCB's) Alpha, Gross Antimony Arsenic Atrazine Barium Benzene Benzo(a)pyrene Beryllium Bis(2-ethylhexyl) adipate (Di(2-ethylhexyl) adipate) Bis(2-ethylhex~l) phthalate (Di(2-ethylhexyl) phthalate) Cadmium Carbofuran Carbon Tetrachloride (Tetrachloromethane) Chlordane Chlorobenzene (Monochlorobenzene) Chloroethylene (Vinyl Chloride Chromium Coliforms, Total Cyanide 2,4-D (2,4-Dichlo~?ophenoxyacetic acid) Dalapon (2,2-Dichloropropionic acid) Dibromochloropropane (DBCP) 1,2-Dibromoethane (EDB, Ethylene Dibromide) 1,2-Dichlorobenzene (o-Dichlorobenzene) 1,4-Dichlorobenzene (p-Dichlorobenzene or Para Dichtorobenzene) 1,2-Dichloroethane (Ethylene dichloride) 1,1-Dichloroethylene (Vinylidene chloride) 1,2-Dichlorethylene (cis-l,2-Dichloroethylene or trans-l,2-Dichloroethylene) cis-l,2-Dichloroethylene (1,2-Dichlorethylene) trans-l,2-Dichloroethylene (I,2-Dichlorethylene) Dichloromethane (Methylene chloride) 1,2-Dichloropropane Di(2-ethylheXyl) adipate (Bis(2-ethylhexyl) adipate) Di(2-ethylhexyl) phthalate (Bis(2-ethythexyl) phthalate) Dinoseb Diquat EDB (Ethylene dibromide, 1,2-Dibromoethane) Endothall Page 1 of 4 PRIMARY STANDARDS DRINKING WATER STANDARDS CONTINUED .... ~PARAMETER ,Endrin Ethylbenzene Ethylene dichloride Fluoride Glyphosate (Roundup) Gross Alpha Heptachlor Heptachlor Epoxide Hexachlorobenzene (HCB) gamma- Hexachlorocyc lohexane (Lindane) Hexachlorocyc lopentadiene Lead Lindane (gamma ~Hexachlorocyc lohexane ) Mercury Methoxychlor Methylene chloride (Dichloromethane) Monochlorobenzene (Chlorobenzene) Nickel Nitrate (as N) Nitrite (as N) Total Nitrate + Nitrite (as N) Oxamyl (1,2-Dichloroethane) ~-~p-Dichlorobenzene or Para Dichlorobenzene (1,4-Dichlorobenzene) (PCB or Aroclors) (Perchloroethylene) (Carbon Tetrachloride) Pentachlorophenol Perchloroethylene (Tetrachloroethylene) Picloram Polychlorinated biphenyl Radium Roundup (Glyphosate) Selenium Silver Silvex (2,4,5-TP) Simazine Sodium Styrene (Vinyl benzene) Tetrachloroethylene Tetrachloromethane Thallium Toluene Toxaphene 2,4,5-TP (Silvex) 1,2,4-Trichlorobenzene 1,1,1-Trichloroethane 1,1,2-Trichloroethane Trichloroethylene (Trichloroethene, TCE) Trihalomethanes, Total Vinyl Chloride (Chloroethylene) F~Xylenes (total) Page 2 of 4 SECONDARY DRINKING WATER STANDARDS ?ARAMETER Aluminum Chloride Color Copper Ethylbenzene Fluoride Foaming Agents (MBAS) Iron Manganese Odor pH Silver Sulfate Toluene Total Dissolved Solids Xylenes Zinc (TDS) Page 3 of 4 MUNICIPAL WASTEWATER MINIMUM CRITERIA GROUND WATER MONITORING PARAMETERS Ammonia Nitrogen (organic) Total Kjetdahl Nitrogen Total Phosphorus (phosphate) Inorganics Volatile Organics Chloroethane Chloroform ,f para-Dichlorobenzene (1,4 Dichlorobenzene) 1,2-Dichloroethylene (cis-l,2-Dichloroethylene or trans-l,2-Dichloroethylene) Base/Neutral Organics Anthracene Butylbenzylphthallate ~Dimethylphthallate Naphalene Phenanthrene Aldrin Dieldrin Dioxin Pesticides and PCBs Acid Extractables 2-chlorophenol Phenol 2,4,6-trichlorophenol Other Conductivity Biochemical Oxygen Demand Chemical Oxygen Demand Temperature Page 4 of 4