SUBJECT/RECOMMENDATION:
Title
Approve settlement of Department of Environmental Protection (DEP) vs. City of Clearwater, OGC File No. 20-0100 for In-kind Project in the amount of at least $80,388.96 and authorize the appropriate officials to execute same. (consent)
Body
SUMMARY:
The State of Florida Department of Environmental Protection found that City of Clearwater discharged approximately 1,500 gallons of untreated wastewater to a nearby waterbody known as Clearwater Harbor on June 24, 2019; 13,050 gallons of untreated wastewater to Allen’s Creek on July 25, 2019 and August 16, 2019; 7,750 gallons of untreated wastewater to the Intercoastal Waterway on August 16, 2019; 500 gallons of untreated wastewater to Stevenson Creek on August 16, 2019; and 18,000 gallons of untreated wastewater to Tampa Bay on August 16, 2019. In addition, the facility bypassed the Sand Filters at the Marshall St. WRF on August 16, 17 and 19, 2019 resulting in a discharge of approximately 3.0M gallons of partially treated wastewater to Stevenson creek. These discharges resulted in alleged water quality violations and alleged violations of Section 403.121 (3)(b), Florida Statutes, and Rules 62-604.130(1) and 62-302.500(2)(e), Florida Administrative Code.
Each of the spills referenced in the Settlement Agreement were self-reported to the FDEP immediately when they occurred by Utility staff members. The Public Utilities Department (Department) self-reports every spill of any kind or volume. Spills occur due to a number of reasons, some beyond our immediate control like damage to our pipelines by independent contractors or when collection system flows become excessive due to the entrance of large amounts of storm water into our collection system during very heavy rainfall, tropical storms and hurricanes. Some of the spills occur due to the malfunction or failure of mechanical equipment and some due to human error. The Department has an extensive multi-faceted program underway to reduce the impacts of rainfall induced high collection system flows. In addition, Department holds independent contractors that damage the city collection system piping responsible for their errors and assess damages. The Department addresses any employee errors when they occur and informs the entire team of changes to standard protocols developed to prevent similar errors going forward.
The City and FDEP agreed to resolve this matter by the City implementing an in-kind penalty project in the amount of $80,388.96, pending approval by City Council.
APPROPRIATION CODE AND AMOUNT:
Funding will be provided by the capital and operating codes needed to cover the cost of the in-kind project.