SUBJECT/RECOMMENDATION:
Title
Approve settlement of Department of Environmental Protection (DEP) vs. City of Clearwater, OGC File No. 25-1120 for In-kind Project in the amount of at least $1,254,783.00 and authorize the appropriate officials to execute same. (consent)
Body
SUMMARY:
The State of Florida Department of Environmental Protection found that the City of Clearwater discharged untreated and partially treated wastewater to nearby waterbodies, as well as various instances of permit limit exceedances at the City’s Wastewater Reclamation Facilities. These discharges resulted in alleged water quality violations and alleged violations of Chapter 403 F. S., Rule 62-4.160 Fla. Admin. Code, Rule 62-600.410(1) Fla. Admin. Code, Rule 62-604.130(1) Fla. Admin. Code, and Rule 62-302.530 Fla. Admin. Code, and the General Conditions IX(20) of the corresponding facilities’ Permits.
Although some of these incidents occurred during significant weather events, the Public Utilities Department (Department) immediately self-reports all spills to the FDEP, regardless of the cause or volume. While spills can occur due to factors like severe weather or third-party contractor damage, the Department has proactive measures to address these challenges. The Department is actively upgrading the system to manage stormwater infiltration more effectively and holds contractors accountable for any damage they cause. When incidents do occur, they are used as opportunities to refine protocols, train Department staff, and improve the reliability of equipment to prevent future issues. The settlement requires the development of a Collection System Action Plan (CSAP) for all three facilities to be completed by June 30, 2026.
This item seeks approval of the amended version previously presented at the September 15, 2025, Work Session. The City is requesting City Council authorization to finalize a revised settlement agreement with the Florida Department of Environmental Protection (FDEP). Under the revised terms, the cash settlement amount of $837,522.00 would be satisfied through completion of an in-kind project valued at $1,254,783.00. This reflects a reduction from the original proposed settlement of $877,122.00, which required a larger in-kind project valued at $1,314,183.00.
APPROPRIATION CODE AND AMOUNT:
Funding will be provided by the capital and operating codes needed to cover the cost of the in-kind project.
STRATEGIC PRIORITY:
Establishing this contract meets the City’s strategic objective of High Performing Government by providing a high level of service at our facilities, protecting our residents and preserving vital infrastructure.
