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 $1,314,183.00. (consent)
Body
SUMMARY:
The State of Florida Department of Environmental Protection found that City of Clearwater discharged untreated and partially treated wastewater to nearby waterbodies as well as various instances of permit limit exceedances of 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 these incidents occurred primarily during hurricanes, 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 City and FDEP agreed to resolve this matter by the City implementing an in-kind penalty project in the amount of at least $1,314,183.00, pending approval by City Council. If approved, within 90 days, the Department must propose a Corrective Action Plan to the DEP to address violations including timeline for implementation. All work must be completed by December 31, 2028. In addition, this agreement includes additional reporting requirements for discharge monitoring, and status of the corrective action throughout the timeline of the Consent Order.
APPROPRIATION CODE AND AMOUNT:
Funding for this agreement is available in capital and operating codes funded by revenues from the Water and Sewer Utility Enterprise Fund.
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.
