HomeMy Public PortalAbout21-9837 Building Department ViolationsSponsored by: City Manager
RESOLUTION NO. 21-9837
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONSENT AGREEMENT WITH THE MIAMI-
DADE COUNTY DEPARTMENT OF REGULATORY AND
ECONOMIC RESOURCES, DIVISION OF ENVIRONMENTAL
RESOURCES MANAGEMENT (DERM), SUBSTANTIALLY IN THE
FORM ATTACHED HERETO AS EXHIBIT "A" AND RESOLVE
ALLEGED BUILDING DEPARTMENT VIOLATIONS;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the Miami -Dade County Department of Regulatory and Economic
Resources, Division of Environmental Resources Management (DERM), alleges that
the City of Opa-Locka ("City") has failed to comply with Chapter 24 of the Miami -Dade
County Code of Ordinances; and
WHEREAS, a Consent Agreement with DERM would resolve all alleged and
pending violations; and
WHEREAS, the City Commission of the City of Opa-Locka hereby authorizes the
City Manager to negotiate a Consent Agreement with DERM pursuant to Resolution 19-
9591; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission of the City of Opa-Locka hereby authorizes the City
Manager to execute a Consent Agreement, substantially in the form attached
as Exhibit "A", with Miami -Dade County Department of Regulatory and
Economic Resources, Division of Environmental Resources Management
(DERM) and resolve alleged violations of the Miami -Dade County Code of
Ordinances.
Resolution No. 21-9837
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing
a corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
PASSED AND ADOPTED this 27th day of January, 2021.
Mayor Matthew A. Pigatt
Attest to:
Jo .t' a Flores
City Clerk
MOVED BY: Commissioner Burke
SECONDED BY: Commissioner Davis
Vote:
5-0
Commissioner Burke YES
Commissioner Davis YES
Commissioner Taylor YES
Vice -Mayor Williams YES
Mayor Pigatt YES
Approved as to form and legal sufficiency:
Bernadette Norr
City Attorney
i S9 Fop('
PA.
City of Opa-locka
Agenda Cover Memo
Department
Director:
Airia Austin
Department
Director
Signature:
(Si,
City
Manager:
John E. Pate
CM Signature:
C440—
Commission
Meeting
Date:
01-27-2021
Item Type:
(EnterX in box)
Resolution
Or�nance
Other
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Fiscal
Impact:
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No
Ordinance Reading:
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1u Reading
2nd Reading
x
$0.00
Public Hearing:
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Yes
No
X
X
Funding
Source:
Account# :
(Enter Fund & Dept)
Ex:
Advertising Requirement:
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X
Contract/P.O.
Required:
(EnterXinbox)
Yes
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RFP/RFQ/Bid#:
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Strategic
Plan Related
(EnterX in box)
Yes
No
Strategic Plan Priority Area:
Enhance Organizational •
Bus. & Economic Dev •
Public Safety
Quality of Education MI
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Communication III
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
Sponsor
Name
City Manager
Department:
City Manager
Short Title:
Acceptance of a DERM Consent Agreement
Staff Summary:
A Resolution of the City Commission of the City of Opa-locka, Florida, authorizing the City Manager to execute
a consent agreement pertinent to the Building Depart compliance with the Miami -Dade Department of
Reglatory and Economic Resources Division of Environmental Resourses Management DERM.
Financial Impact (FY 20 Budget)
Account
Description
Available
Project
Remaining Balance
Proposed Action:
Staff recommends approval of this resolution.
Attachment:
1. Agenda
2. DERM Consent Agreement
3. Resolution 19-9591
MIAMF�
COUNTY COUNTY
January 25, 2021
John Pate, City Manager
City of Opa-Locka
780 Fisherman Street, 4th Floor
Opa-Locka, FL 33054
Department of Regulatory and Economic Resources
Environmental Resources Management
701 NW 1st Court, 6th Floor
Miami, Florida 33136-3912
T 305-372-6902 F 305-372-6630
miamidade.gov
Delivered via electronic mail
Re: City of Opa-Locks Sanitary Sewer Collection and Transmission System Operating under Domestic Wastewater Permit
(DWO-47), status of the February 19, 2019 Executed Administrative Consent Agreement.
Dear Mr. Pate:
Recently, the Department of Regulatory and Economic Resources, Division of Environmental Resources Management
(DERM) conducted a compliance review of the February 19, 2019 Administrative Consent Agreement. The intent of said
Agreement was to assist the City in permanently resolving the on -going sanitary sewer overflows (documented in 2018)
and to correct the deficiencies within the City's wastewater collection and transmission system. The review found that the
City has made substantial progress in complying with the 2019 Agreement including maintaining the necessary equipment
to reduce the occurrences of overflows and effectively responding to sanitary nuisance conditions which pose threats to the
health, safety, and welfare of the public.
The Compliance and Reporting Requirements of the 2019 Agreement are detailed in Paragraphs seven (7) through fourteen
(14). As of today, the City has fully complied with Paragraphs 7, 8, 9, 10, 13, and 14. DERM's fmdings based on reviews
of the required submittals pursuant to Paragraph 11 (City approved Developmental Orders/Municipal Approvals), are the
subject of the 2021 Administrative Consent Agreement (currently pending execution). Full compliance with Paragraph 12
is pending submittal and approval of the four remaining Sanitary Sewer Evaluation Surveys (SSES) for basins 4, 5, 7, and
8.
DERM is committed to providing continued assistance to the City in achieving full compliance with the requirements of
the Agreement, the operating permit (DWO-47), and Chapter 24, Code of Miami -Dade County. If you have any questions
concerning the above, please contact me at (305) 372-6617 or via email at LizarE@miamidade.gov.
Sincerely,
Eva Lizardo, Code Enforcement Officer
RER - DERM
cc: City ofOpa Locka — John Pate, City Manager (jpate@,opalockafl.gov)
Airia Austin, Dir. of Public Works (aaustin@opalockafl.gov)
DERM- Carlos Hernandez, PE; Frank Lezcano; Oscar Aguirre
7)eli `er Exce—lleitce 7)g(
MIAMI-DADE COUNTY DEPARTMENT OF )
REGULATORY AND ECONOMIC RESOURCES, )
DIVISION OF ENVIRONMENTAL RESOURCES )
MANAGEMENT )
)
Complainant, )
)
)
VS. )
)
City of Opa-Locka )
)
Respondent. )
)
CONSENT AGREEMENT
This Agreement is entered into by and between Miami -Dade County Department of Regulatory and
Economic Resources, Division of Environmental Resources Management (hereinafter referred to as
"DERM") and the City of Opa-Locka (hereafter referred to as "Respondent") pursuant to Section 24-
7(15)(c) of Chapter 24 of the Code of Miami -Dade County, Florida (the Code). This Agreement shall
serve to redress unauthorized municipal license approvals issued by the Respondent within the City of
Opa Locka located in Miami -Dade County, Florida in violation of Chapter 24 of the Code.
The DERM finds and Respondent acknowledges the following:
FINDINGS OF FACTS
1. Miami -Dade County, Florida, is a political subdivision of the State of Florida. DERM is a
division within the County's Department of Regulatory and Economic Resources and is
empowered to provide for pollution control and protection of the environment within Miami -
Dade County pursuant to Article VIII, Section 6 of the Florida Constitution, the Miami -Dade
City of Opa-Locka (DWO-47) Consent Agreement 2021 Page 1 of 11
County Home Rule Charter and Section 403.182 of the Florida Statutes. DERM has jurisdiction
over matters addressed in this Consent Agreement.
2. The Federal Consent Decree between the United States of America, the State of Florida, and
Miami -Dade County, dated June 6, 2013, in Case Number 1:12-cv-24400 FAM, in a case styled
as United States of America vs. Miami -Dade County (hereafter "the Federal Consent Decree"),
requires in part that the County generally, and DERM specifically, establish and amend as
appropriate Section 24-42.3 of Chapter 24 of the Code to require DERM's review and issuance
of written certification of sanitary sewer system collection, transmission and treatment capacity
prior to the approval of all Development Orders, including but not limited to building permits,
certificates of occupancy, certificates of completion, certificates of use or municipal
occupational licenses.
3. The Respondent is the current owner and operator of a utility wastewater collection and
transmission system consisting of: pumping stations, force mains and gravity sewer mains and
permitted under Miami -Dade County Domestic Wastewater Operating Permit DWO-47.
4. The Respondent entered into an Administrative Consent Agreement with DERM on February
19, 2019 in order to redress violations of section 24-42.2 as well as sections 24-18 and 24-34 of
the Code, relating to non-compliance with permit and utility service fee requirements and
violations of the Consent Decree dated September 11, 1995. As a condition of the Agreement,
DERM required the Respondent to submit to a summary report documenting all approved
Building Permit Applications, Certificate of Use, Occupational License, and/or Local Business
Tax Receipts. A complete list of Occupational Licenses issued by the Respondent in 2019 was
subsequently submitted for DERM review.
City of Cpa-Locks (DWO-47) Consent Agreement 2021 Page 2 of 11
5. DERM's review of the Occupational License (hereafter referred to as "OL") report (Exhibit 1)
documented that multiple local businesses had been issued municipal operating authorizations
in the form of OLs, without first obtaining DERM's written approval as required by Chapter 24
of the Code. The review further revealed that approximately sixty-two (62) OLs had been issued
by the Respondent even though said license application was disapproved by DERM. This
resulted in businesses operating in the City of Opa Locka, Florida without required DERM
annual operating permits, in violation of section 24-18 of Chapter 24 of the Code, operating
without approved Fats, Oils and Grease control devices, in violation of section 24-42.6 of
Chapter 24 of the Code, and may also be operating while served by public sanitary sewer
systems in moratorium, in violation of section 24-42.3 of Chapter 24 of the Code. At a
minimum, sixty-eight (68) OLs not routed to DERM for review, appear to require DERM
operating permits in addition to DERM approval.
6. On November 4, 2020, DERM issued an enforcement Notice to Respondent which required
Respondent to Cease and Desist from issuing municipal operating authorizations without
DERM's review and prior written approval.
7. Respondent hereby consents to this Agreement without either admitting or denying the
allegations made by DERM in the finding of facts listed above.
8. In an effort to resolve the violations described herein so as to ensure continued protection of
the health and safety of the public and the environment of Miami -Dade County and to facilitate
compliance with the Code and to avoid time-consuming and costly litigation, the parties hereby
agree to the following, and is hereby Ordered pursuant to Section 24-7(15) of the Code :
City of Opa-Locka (DWO-47) Consent Agreement 2021 Page 3 of 11
COMPLIANCE AND REPORTING REQUIREMENTS
9. The Respondent shall within thirty (30) days of DERM providing the Respondent with Plan
Review guidance documents, make said information available to the residents and business
owners within the City, including but not limited to, posting a link to the DERM Plan Review
informational page on the Respondent's website. The guidance documents shall include among
other items, DERM contact information and a detailed explanation of the submittal and approval
process.
10. The Respondent shall within thirty (30) days of the effective date of this Agreement, submit to
DERM a list of all types of Development Orders/Municipal Approvals issued by the Respondent
which authorize the establishment of new businesses, re -authorize existing businesses, authorize
changes in use, expansions and additions to existing businesses, construction of new buildings,
alterations of existing buildings, additions and expansion of existing buildings and/or occupancy
of new and existing buildings. This list shall include any of the following or their municipal
equivalent, where otherwise required pursuant to its municipal laws: a Certificate of Use (CU),
Temporary CU, Occupational License (OL), Temporary OL, Local Business Tax (LBT),
Temporary LBT, Certificate of Completion (COC), Temporary COC, Certificate of Occupancy
(CO), Temporary CO and/or Building or Building Subsidiary Permits. The list shall also include
pertinent information such as an explanation of categories available for each type of permit
and/or authorization issued.
11. Respondent shall, within ninety (90) days from the date of this Agreement, issue written
notification to each business identified as either a disapproved license application or requiring
a DERM operating permit in Exhibit 1 (Note: these are color coded red and yellow respectively).
City of opa-Locks (DWO-47) Consent Agreement 2021 Page 4 of 11
The notification shall require each business owner to prepare and submit to the Respondent,
within ninety (90) days after receipt of notification, a certificate of use application or municipal
equivalent and/or building permit application, as applicable. The notification shall advise that
failure to submit said applications(s) within the time period provided will be grounds for the
Respondent to initiate enforcement action to obtain compliance. The notification shall also
advise that the Respondent will direct all applications to Miami -Dade County for review and
approval, at which time additional regulatory obligations may be required, including but not
limited to the assessment of any applicable impact fees and the requirement to obtain DERM
operating permits. Each written notification to the business owners shall be delivered by
Certified Mail and shall copy each corresponding property owner and "DERM, c/o Eva Lizardo,
701 NW 1st Court, 6th Floor, Miami, Florida, 33136-3912."
12. The Respondent shall no later than August 1, 2021, issue written notification to each business
identified in Exhibit 1 as having a license without a DERM review. These businesses are listed
in Exhibit 1 without any coloration. Of this group, DERM does not need to review and/or
approve OLs for the following categories: Peddler, Vending, Insurance (not physically located
in the City), and home offices. The notification for all businesses excluding Peddler, Vending,
Insurance (not physically located in the City), and home offices, shall require each business
owner to prepare and submit to the Respondent, prior to renewing their Municipal Occupational
License, a certificate of use application or municipal equivalent and/or building permit
application, as applicable. The notification shall advise that failure to submit said
applications(s) within the time period provided will be grounds for the Respondent to initiate
enforcement action to obtain compliance and said license will not be renewed. The notification
shall also advise that the Respondent will direct all applications to Miami -Dade County for
City of Opa-Locke (DWO-47) Consent Agreement 2021 Page 5 of 11
review and approval, at which time additional regulatory obligations may be required, including
but not limited to the assessment of any applicable impact fees and the requirement to obtain
DERM operating permits. Based on the review of information provided pursuant to Paragraph
ten (10), DERM may further reduce the number of businesses requiring notification.
13. Respondent shall within one -hundred eighty (180) days of the effective date of this Agreement,
submit a Corrective Action Plan(CAP) to DERM for review and approval, for the modification
of Respondent's existing intake systems or processes, and/or the implementation of new intake
systems or processes, for all applications listed in Paragraph ten (10) herein that are submitted
to the Respondent for review and comment. The scope of DERM's review and approval of the
CAP shall be based upon whether the CAP meets the minimum requirements identified below
as (a) through (e) and the timeframes herein. DERM shall not dictate the manner in which these
minimum objectives are implemented by Respondent. The modified or new systems, as
applicable, shall be available for pre -deployment testing within twenty-four (24) months from
DERM CAP approval and be fully deployed and functional within thirty-six (36) months from
the effective date of this Agreement. Said CAP shall propose the implementation of measures
which will ensure that:
(a) Respondent's staff, its delegates and/or authorized agents, will correctly and
consistently identify all submittals and applications which require DERM review and
approval prior to Respondent's temporary and fmal approvals;
(b) Respondent's staff, its delegates and/or authorized agents, will not issue or grant any
approvals of submittals and applications subject to the code sections of Chapter 24 as
referenced in this Agreement without the Respondent's confirmation of DERM's
prior written approval of the application;
(c) Each and every approval, temporary and final, issued or granted by Respondent's
staff, its delegates and/or authorized agents, is memorialized in a form that captures
City of Opa-Locka (DWO-47) Consent Agreement 2021 Page 6 of 11
the date and time of Respondent's approval, the name of Respondent's staff
approving the application, the type of application being approved, the form of
DERM's approval, and an image or copy of DERM's approval;
(d) All required information stored and available for DERM review for a period of no
less than five (5) years;
(e) DERM has remote access to review and download data compiled from the processes
implemented herein.
14. The submittals required pursuant to this Agreement are subject to review and approval, approval
with conditions, or disapproval by DERM. Implementation of the approved submittals shall be
completed within the timeframes provided in the DERM approval. Nothing herein shall prevent
Respondent from requesting, and from DERM approving, extensions of time for good cause. If
DERM disapproves any submittals, an itemized explanation will be included in the disapproval
letter. The Respondent shall fully address all items detailed in the disapproval letter within the
timeframes provided in said letter.
15. The Respondent shall by February 28,2021 submit to DERM a summary report documenting
all new approved Building Permit Applications, Certificate of Use, Occupational License,
and/or Local Business Tax Receipts issued in 2020. Said report shall continue to be submitted
each quarter thereafter, providing information from the previous quarter, for the duration of this
Consent Agreement. The frequency of submittals may be modified based on DERM review of
the summary report. All reports shall be submitted to DERM, 701 NW 1' Court, 6th Floor,
Miami, Florida, 33136, Attention: Eva Lizardo, Code Enforcement Officer.
16. This Agreement constitutes a lawful order of the Director of the DERM and violation of any
requirement may subject Respondent to further enforcement including court action.
City of Opa-Locka (DWO-47) Consent Agreement 2021 Page 7 of 11
SETTLEMENT COSTS
17. The Respondent hereby certifies that Respondent has the financial ability to initiate compliance
and shall endeavor to comply with the terms or conditions set forth herein and to comply with
any payment requirements specified in this Agreement.
18. Due to the continuing violations specified in paragraph five (5) herein, the Respondent has
agreed to mitigate this non-compliance through implementation of DERM-approved in -kind
project(s), equaling or exceeding $37,500, which will result in improvements that directly
benefit City of Opa Locka citizens and businesses and support the protection of public health.
The Respondent shall, within thirty (30) days of the effective date of this Agreement, submit to
DERM for review and approval a detailed "In -Kind Project Proposal." Any in -kind project(s)
shall not be a project already required pursuant to Chapter 24 of the Code or the Federal Consent
Decree.
19. Respondent shall, upon signing this Agreement, submit a certified check made payable to
Miami -Dade County (indicate file no. DWO-47 on check) in the amount of $1,697 to cover
administrative and follow-up costs in this matter. Payment shall be sent to Miami -Dade County.
Environmental Resources Management, Department of Regulatory and Economic Resources,
701 NW 1s` Court, Cashier's Office, 3rd Floor, Miami, Florida 33136-3912, c/o Eva Lizardo,
Code Enforcement Officer.
20. In the event Respondent fails to comply with any of the requirements of paragraphs 9, 10, 11,
12, 13, 14, and 15 of this Consent Agreement, the Respondent shall pay DERM a civil penalty
of $100.00 per day for each day of non-compliance, and the Respondent shall be subject to
enforcement action in a court of competent jurisdiction for such failure pursuant to the
City of Opa-Locka (DWO-47) Consent Agreement 2021 Page 8 of 11
provisions set forth in Chapter 24 Miami -Dade County Code. Payment of said penalty may be
fully mitigated upon timely compliance by Respondent. Within sixty (60) days of written notice
from DERM, Respondent shall make payment of the appropriate penalties to Miami -Dade
County by check or money order. Payment shall be sent to DERM, 701 NW 1st Court, Cashier's
Office, 3rd Floor, Miami, Florida 33136, c/o Eva Lizardo, Code Enforcement Officer.
GENERAL PROVISIONS
21. The terms and conditions set forth in this Consent Agreement may be enforced in any court of
competent jurisdiction pursuant to Chapter 24, of the Code of Miami -Dade County, the Florida
Administrative Code, or the Florida Statutes.
22. Entry into this Consent Agreement does not relieve Respondent of the responsibility to comply
with applicable federal, state, or local laws, regulations and ordinances.
23. Reports submitted by Respondent pursuant to paragraphs 10 and 15 of this Agreement shall be
reviewed for completeness and accuracy and signed by an authorized City of Opa Locka senior
management official with the following attestation:
"1 certf 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 gathering such 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 for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
City of Opa Locka (DWO-47) Consent Agreement 2021
Page 9 of 11
24. Where timetables cannot be met, due to circumstances beyond Respondent's control,
Respondent shall submit a written request for extension of the timetable(s), with supporting
documents to DERM, stating the cause(s) of any delay or non-compliance and the extension of
time requested. A determination of the reasonableness of the delay or non-compliance shall be
made by DERM for the purposes of continuation of enforcement actions and the imposition of
penalties pursuant to paragraph 20 of this Agreement.
25. This Agreement shall neither be evidence of a prior violation of the Code nor shall it be deemed
to impose any limitation upon any investigation or action by DERM in the enforcement of
Chapter 24 of the Code of Miami -Dade County, the Florida Administrative Code or the Florida
Statutes.
26. In consideration of the complete and timely performance by the Respondent of the terms and
conditions set forth in this Agreement, DERM waives its rights to seek judicial imposition of
damages or criminal or civil penalties for the matters alleged in this Agreement.
27. This Consent Agreement shall become effective upon the date of execution by the Director of
DERM.
Signatures on the following page
City of Opa-Locka (DWO-47) Consent Agreement 2021 Page 10 of 11
Date John E. Pate, City Manager
City of Opa-Locka
State of Florida
County of Miami -Dade
The foregoing instrument was acknowledged before me by means of (how the individual appeared
check one):
D physical presence ❑ online notarization this day of , 20 .
(date) (month) (year)
by
(name of individual)
Individual identified by: ❑ personal knowledge ❑ satisfactory evidence
(type)
(Signature of Notary Public)
(typed, printed, or stamped name of Notary
Public)
(Affix Florida Notary Seal above)
DO NOT WRITE BELOW THIS LINE — GOVERNMENT USE ONLY
Date
Lee N. Hefty, Director
Division of Environmental Resources Management
Department of Regulatory and Economic Resources
Witness Witness
City of Opa-Locka (DWO-47) Consent Agreement 2021 Page 11 of 11
Sponsored by: City Manager
RESOLUTION NO. 19-959!
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONSENT
AGREEMENT WITH THE MIAMI-DADE DEPARTMENT
OF REGULATORY AND ECONOMIC RESOURCES,
DIVISION OF EVIRONMENTAL RESOURCES
MANAGEMENT (DERM), SUBSTANTIALLY IN THE
FORM ATTACHED AND ACCEPTABLE TO THE CITY
ATTORNEY, TO RESOLVE ALLEGED VIOLATIONS;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, DERM alleges that the City of Opa-locka ("City") has failed to implement
a Sewer System Evaluation Survey (SSES), has failed to comply with reporting and response
requirements for sanitary sewer overflows, and has extensive deficiencies in pump stations in
violation of Miami -Dade County Code; and
WHEREAS, a Consent Agreement with DERM would resolve all alleged violations; and
WHEREAS, the City Commission authorized the City Manager to negotiate a Consent
Agreement with DERM via Resolution 18-9572; and
WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City
Manager to execute a Consent Agreement with DERM.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
SECTION 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
SECTION 2. AUTHORIZATION
The City Commission of the City of Opa-locka hereby authorizes and directs the City
Manager execute a Consent Agreement with DERM, to resolve alleged violations of
Miami -Dade County Code, substantially in the form attached as Exhibit "A".
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Resolution No. 19-9591
SECTION 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Govemor or his designee.
PASSED AND ADOPTED this 9t' day of January, 2019.
Attest to:
Moved by:
Seconded by:
Commissioner Vote:
Commissioner Holmes:
Commissioner Riley:
Commissioner Pigatt:
Vice Mayor Kelley:
Mayor Taylor:
Matthew A. Pigatt
Mayor
Approved as to form and legal sufficiency:
BROWN LAW GROUP,
City Attorney
COMMISSIONER BURKE
COMMISSIONER KELLEY
5-0
YES
YES
YES
YES
YES
MIAMI-DADE COUNTY DEPARTMENT OF )
REGULATORY AND ECONOMIC RESOURCES, )
DIVISION OF ENVIRONMENTAL RESOURCES )
MANAGEMENT )
)
Complainant, )
CONSENT AGREEMENT
)
vs. )
)
City of Opa-Locka )
Yvette Harrell, City Manager )
Respondent. )
)
This Agreement is entered into by and between Miami -Dade County Department of Regulatory and
Economic Resources, Division of Environmental Resources Management (hereinafter referred to as
"DERM") and the City of Opa-Locka (hereafter referred to as "Respondent") pursuant to Section 24-
7(15)(c) of Chapter 24 of the Code of Miami -Dade County, Florida (the Code). This Agreement shall
serve to redress violations of Chapter 24, Miami -Dade County Code and the Second and Final Consent
Decree, Paragraph 22, dated September 11, 1995, Case Number CIV-93-1109, United States vs. Miami -
Dade County and the Consent Decree, dated June 6, 2013, Case Number 1:12-cv-24400 FAM, United
States vs. Miami -Dade County, specifically addressing the on -going and repeated sanitary sewer
overflows causing sanitary nuisance conditions, which pose a significant threat to public health, welfare
and safety, and the deficiencies in Respondent's utility wastewater collection and transmission system
(WCTS) operating under Domestic Wastewater Operating Permit DWO-47 issued by the DERM in
accordance with Section 24-18 of the Code of Miami -Dade County, that serves the City of Opa-Locka,
located in Miami -Dade County, Florida The DERM finds and Respondent acknowledges the
following:
City ofOpa-Locka (DWO-47) Consent Agreement 2018 Page 1 of 10
FINDINGS OF FACTS
1. DERM is an agency of Miami -Dade County, Florida, a political subdivision of the State of
Florida which is empowered to provide for pollution control and protection of the environment
within Miami -Dade County pursuant to Article VIII, Section 6 of the Florida Constitution, the
Miami -Dade County Home Rule Charter and Section 403.182 of the Florida Statutes. DERM
has jurisdiction over matters addressed in this Consent Agreement.
2. The Respondent is the current owner and operator of a utility wastewater collection and
transmission system consisting of: Pumping Stations, Force Mains and Gravity Sewer Mains
and permitted under DWO-47.
3. Respondent's utility wastewater collection and transmission system is in violation of the
provisions of Section 24-42.2 of Chapter 24 of the Code, which provides for evaluation of
wastewater collection and transmission systems in order to identify and reduce infiltration and
inflow into the systems within Miami -Dade County. The Respondent previously entered into
administrative Consent Agreements with DERM dated October 26, 2009 and on December 18,
2015 in order to redress violations of Section 24-42.2 as referenced above as well as Sections
24-18 and 24-34, relating to non-compliance with permit and utility service fee requirements;
and violations of the Consent Decree dated September 11, 1995. The Respondent has failed to
implement a Sewer System Evaluation Survey (SSES) for the complete system that fully
complies with the requirements of the Code.
4. On October 2, 2018, DERM issued the Respondent a Notice for repeated sanitary sewer
overflows causing sanitary nuisance conditions, failure by Respondent to comply with reporting
and response requirements for sanitary sewer overflows, and for extensive deficiencies m
City of Opa-Locke (DWO-47) Consent Agreement 2018 Page 2 of 10
Respondent's pump stations in violation of Sections 24-18, 24-25(3), 24-27, 24-28, 24-29, and
24-42.3(5) of Chapter 24, Code of Miami -Dade County and Rules 62-604.500(2) and 62-
604.500(3) of the Florida Administrative Code. In addition, the Respondent did not fully
comply with the requirements in previous Departmental correspondence dated September 22,
2017, August 1, 2018, and September 10, 2018 for similar violations.
5. Respondent hereby consents to this Agreement without either admitting or denying the
allegations made by DERM in the finding of facts listed above.
6. In an effort to insure continued protection of the health and safety of the public and the
environment of Miami -Dade County and to facilitate compliance with the Code and to avoid
time-consuming and costly litigation, the parties hereby agree to the following, and is hereby
Ordered:
COMPLIANCE AND REPORTING REQUIREMENTS
7. The Respondent shall implement efforts to effectively respond to all utility sanitary sewer
overflows including but not limited to:
a. Within 24 hours of each occurrence, pump -out and clean-up of all impacted areas and
apply adequate amounts of powdered disinfectant on a consistent basis for all sewage
overflows in order to abate the sanitary nuisance conditions which pose a threat to the
health, safety, and welfare of the public.
b. Using all available means necessary to remediate the sanitary nuisance within 24 hours
as referenced above, and within 24 hours or other such reasonable time as determined
by DERM, initiate actions including obtaining assistance from other utilities, contracts,
vendors or contractors as applicable, if the Respondent determines that they are unable
City of Opa-Locka {BW0-47) Consort Agreement 2018 Page 3 of 10
to effectively self -perform due to lack of staff, equipment, materials, supplies or other
limitations or restrictions.
c. Securing all utility pump stations to prevent public access.
8. The Respondent shall immediately comply with all reporting requirements to DERM including
but not limited to:
a. All sanitary sewer overflows and surcharge conditions whether they are referred to, or
observed in Respondent's wastewater collection and transmission system, as soon as
possible but no later than four (4) hours after documenting the non -compliant condition.
In addition to notifying DERM via the emergency response line (305-372-6955), the
Respondent shall complete the Sanitary Sewer Overflow form (Exhibit A) and submit
said form to DERM's Water & Wastewater Division within 24 hours of the occurrence
of such conditions.
b. All sanitary sewer overflows whether they be referred to, or are observed by the
Respondent's utility, located on private property, shall be reported to the DERM's
emergency response line (305-372-6955) as soon as possible but no later than four (4)
hours from discovery.
c. The Respondent shall provide the DERM emergency response phone number (305 372-
6955) to the residents including but not limited to, posting said number on the
Respondent's website.
9. The Respondent shall within thirty (30) days of the effective date of this Agreement, submit to
DERM a complete inventory of the Respondent's owned, rented, leased, or contracted
equipment related to the operation of its wastewater collection and transmission system. Said
City of Opa-Locka (DWO-a7) Consent Agreement 2018 Page 4 of 10
inventory shall include all emergency generators, self -priming by-pass pumps, and necessary
equipment to perform maintenance or replacement of the sanitary sewer system components.
10. The Respondent shall within ninety (90) days of the effective date of this Agreement, submit to
DERM a plan to replace/repair all damaged and/or inoperative pumps and to stock replacement
parts and pumps. Said plan shall include Scope, Schedule, and Budget with a Cost Estimate in
spreadsheet format. The plan should also include any equipment that the Respondent deems
necessary to perform repairs or installations of the required pumps.
11. The Respondent shall within one hundred -twenty (120) days of the effective date of this
Agreement, submit to DERM a summary report documenting all approved Building Permit
Applications, Certificate of Use, Occupational License, and/or Local Business Tax Receipts.
Said report shall continue to be submitted on a monthly basis for the duration of this consent
agreement.
12. The Respondent shall within one hundred twenty (120) days of the effective date of this
Agreement, submit to DERM a plan to reduce Infiltration and Inflow for each basin that exceeds
5,000 gpd/idm. Said plan shall include Scope, Schedule, and Budget with a Cost Estimate in
spreadsheet format. All reports shall be submitted to DERM, 701 NW 1°t Court, 7th Floor,
Miami, Florida, 33136, Attention: Carlos Hernandez, P.E., Chief, Water and Wastewater
Division for review and approval. Any of the Respondent's pump station basins which have an
infiltration and inflow that is not less than five thousand (5,000) gallons per inch pipe diameter,
per day, per mile of pipe and laterals, shall remain under moratorium and no new additional
sewage flows will be approved by DERM and no new Building permits or changes of use
applications that increase sewage flows, calculated in accordance with Chapter 24, shall be
City of Opa-L oeka (DWO-47) Consent Agreement 2018 Page 5 of 10
approved by the Respondent's Building Official, or any other person, until such time as the
pump station basins are brought into compliance as determined by DERM.
13. The subject submittals required pursuant to this Agreement are subject to review and approval,
approval with conditions, or disapproval by DERM. Implementation of the approved plans
shall be completed within the timeframes provided in the DERM approval. If DERM
disapproves the plans, an itemized explanation will be included in the disapproval letter. The
Respondent shall address all items detailed in the disapproval letter within the timeframes
provided in said letter.
14. Respondent agrees to cooperate with DERM to immediately resolve threats to public health,
welfare, and safety. In the event Respondent does not, within a reasonable timeframes stipulated
by DERM, resolve any and all threats to public health, welfare, and safety; DERM may take
actions including but not limited to remedial or corrective actions to prevent endangerment to
the public health, welfare, and safety and the environment, pursuant to the provisions set forth
in Sections 24-7(27) and 24-7(15) (c) of the Code of Miami -Dade County.
15. This Agreement constitutes a lawful order of the Director of the DERM and violation of any
requirement may subject Respondent to further enforcement including court action.
SETTLEMENT COSTS
16. The Respondent hereby certifies that Respondent has the financial ability to initiate compliance
and shall endeavor to comply with the terms or conditions set forth herein and to comply with
any payment requirements specified in this Agreement.
City of Opa-Locka (DWO-47) Comeni Agreement 2018 Page 6 of 10
17. DERM has determined that due to the continuing violations specified in paragraph three (3)
herein, that a civil penalty of $10,000.00 is appropriate. Payment of said penalty will be held
in abeyance at this time and may be fully mitigated based on the Respondent's timely
compliance with the requirements of this Agreement. Any applicable penalty shall be made by
certified check and made payable to Miami -Dade County (indicate file no. DWO-47 on
check).The payment shall be sent to Miami -Dade County, Environmental Resources
Management, Department of Regulatory and Economic Resources, 701 NW 1 ' Court, Cashier's
Office, 3rd Floor, Miami, Florida, 33136-3912, c/o Eva Lizardo, Code Enforcement Officer.
18. Respondent shall, within sixty (60) days from the effective date of this Agreement, submit a
certified check made payable to Miami -Dade County (indicate file no. DWO-47 on check)
in the amount of $500 to cover administrative and follow-up costs in this matter. Payment shall
be sent to Miami -Dade County. Environmental Resources Management, Department of
Regulatory and Economic Resources, 701 NW 1g' Court, Cashier's Office, 3'd Floor, Miami,
Florida 33136-3912, c/o Eva Lizardo, Code Enforcement Officer.
19. In the event Respondent fails to comply with any of the requirements of paragraphs 7, 8, 9, 10,
11, and 12 of this Consent Agreement, the Respondent shall pay DERM a civil penalty of $50.00
per day for each day of non-compliance, and the Respondent shall be subject to enforcement
action in a court of competent jurisdiction for such failure pursuant to the provisions set forth
in Chapter 24 Miami -Dade County Code. Payment of said penalty may be fully mitigated upon
timely compliance by Respondent. Within sixty (60) days of written notice from DERM,
Respondent shall make payment of the appropriate penalties to Miami -Dade County by check
or money order. Payment shall be sent to DERM, 701 NW 151 Court, Cashier's Office, 3rd Floor,
Miami, Florida 33136.
City of Opa-Locke (DWO-47) Consent Agreement 2018 Page 7 of 10
SAFETY PRECAUTIONS
20. Respondent shall use all available resources in an effort to maintain the wastewater collection
and transmission system, during the pendency of this Agreement, in a manner that shall not pose
a hazard or threat to the public at large or the environment and shall not cause a nuisance or a
sanitary nuisance as set forth in Chapter 24, of the Code of Miami -Dade County.
21. Respondent shall notify DERM via phone at (305) 372-6955 of any sanitary nuisance condition
documented or referred to the Respondent within four (4) hours of said documentation of
referral.
GENERAL. PROVISIONS
22. The terms and conditions set forth in this Consent Agreement may be enforced in any court of
competent jurisdiction pursuant to Chapter 24, of the Code of Miami -Dade County, the Florida
Administrative Code, or the Florida Statutes.
23. Entry into this Consent Agreement does not relieve Respondent of the responsibility to comply
with applicable federal, state, or local laws, regulations and ordinances.
24. Where timetables cannot be met, due to circumstances beyond Respondent's control,
Respondent shall submit a written request for extension of the timetable(s), with supporting
documents to DERM, stating the cause(s) of any delay or non-compliance and the extension of
time requested. A determination of the reasonableness of the delay or non-compliance shall be
made by DERM for the purposes of continuation of enforcement actions and the imposition of
penalties pursuant to paragraph 18 of this Agreement.
City of One -Locks (DWO-47) Consent Agreement 2018 Page 8 of 10
25. This Agreement shall neither be evidence of a prior violation of the Code nor shall it be deemed
to impose any limitation upon any investigation or action by DERM in the enforcement of
Chapter 24 of the Code of Miami -Dade County, the Florida Administrative Code or the Florida
Statutes.
26. In consideration of the complete and timely performance by the Respondent of the terms and
conditions set forth in this Agreement, DERM waives its rights to seek judicial imposition of
damages or criminal or civil penalties for the matters alleged in this Agreement.
27. This Consent Agreement shall become effective upon the date of execution by the Director of
DERM.
City of opa-Locks (DWO-47) Consent Agreement 2018 Page 9 of 10
Date Yvette Harrell, City Manager
City of Opa-Locka
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says that he has read and agreed to the foregoing.
Subscribed and sworn to before me this
by:
(Name of Affiant)
day of , 2018.
Personally Known or Produced Identification
(Check One)
Type of Identification Produced:
Notary Public
Date
FOR OFFICE USE ONLY
Lee N. Hefty, Director
Division of Environmental Resources Management
Department of Regulatory and Economic Resources
Witness Witness
City of Opa-Lodu (DWO-47) Comet Agreemem 2018 Page 10 of 10
Yvette J. Harrell, Esq.
TO:
Telephone: (305) 953-2821 Ext.1225
City Manager Email: vliarrell@opalockafl.gov
opalockat1.gov
Mayor Myra L. Taylor
Vice Mayor Joseph L. Kelley
Commissioner Timothy Holmes
Commissioner Matthew A. Pigott
Commissioner John Riley
Cc: Vincent T. Brown, City Attorney
FROM: Yvette J. Harrell, Esq., City Manager
DATE: October 10, 2018
SUBJ: Department of Environmental Resource Management Update
Please be advised that the City has received multiple sanitary nuisance condition notices on various
dates from Miami -Dade County Department of Regulatory and Economic Resources, Division of
Environmental Resource Management (DERM). On October 2, 2018, the City received a Notice of
Violation and Orders for Corrective Action, advising of the nuisance conditions notices and their related
dates, beginning as far back as July 13, 2017 (see enclosure).
Staff has followed up on the issues presented previously and has also been responsive as additional
issues have arisen. As a result of the persistent concerns with respect to our pump stations, we continue
to receive notices for sanitary nuisance conditions in spite of the City's efforts to properly maintain
them. Staff has responded to the best of their ability to the concerns in accordance with the Domestic
Wastewater Annual Operating Permit terms (see enclosure).
We have a meeting scheduled with DERM for tomorrow morning at 10:00AM to directly address their
concerns as well as to advise of the City's short and long-term plans for rectification of the City's Pump
Station issues.
1 will keep you all advised as to the outcome.
Enclosures
City Hall • 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054 • (305) 688-4611
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP
M IAMF DE
COUNTY
Carlos A. Gimenez, Mayor
October 2, 2018
Newell J. Daughtrey, Interim City Manager
City of Ope-Locka
780 Fisherman Street, 46 Floor
Opa-Locka, FL 33054
Department of Regulatory and Economic Resources
Environmental Resources Management
701 NW 1st Court, 6th Floor
Miami, Florida 33136-3912
T 305-372-6902 F 305-372-6630
miamidade.gov
Certified Mail No. 7001 2510 0001 1765 0406
Return Receipt Requested
Re: City of Opa-Locka (City) Sanitary Sewer Collection and Transmission System Operating under Domestic Wastewater
Pemtit (DWG -47)
NOTICE OF VIOLATION AND ORDERS FOR CORRECTIVE ACTION
Dear Mr. Daughtery:
During the period July 13, 2017 through September 25, 2018, the Miami -Dade County Department of Regulatory and
Economic Resources, Division of Environmental Resources Management (DERM) received multiple sanitary nuisance
complaints related to sewage overflows occurring at the City of Opa-Locica Sanitary Sewer Collection and Transmission
System. Inspections of the above referenced system by DERM representatives observed and documented untreated
domestic sewage discharged to the environment causing sanitary nuisance conditions on the following dates: 07/13/17,
08/31/17, 09/01/17, 09/18/17, 0920/17, 12/05/17, 03/23/18, 03/29/18, 05/08/18, 07/30/18, 07/31/18, and 08/01/18. These
conditions continue to pose a significant threat to the public health, welfare, and safety due to the inadequate response of
the City to remediate and prevent subsequent overflows. In addition, the City's Domestic Wastewater operating permit,
DWO-47, requires the City to report sanitary sewer overflows (SSO's) to the RER emergency response number (305) 372-
6955 no later than four hours from the time the City becomes aware of each incident. A search of Department records
revealed that the City has failed to comply with these reporting requirements.
In addition, reference is made to Departmental correspondence dated September 22, 2017, August 1, 2018, and September
10, 2018 (attached) for non-compliance issues involving the City's Sanitary Sewer Collection and Transmission System.
DERM records and inspections revealed non-compliance issues remain as follows:
Sanitary Sewer Overflows and/or Surcharged coadition4
Pump Station No. 08-08:
This pump station is operating with only one bypass pump (no working pumps), resulting in the basin being repeatedly
surcharged, and the station being the source of multiple overflows.
Sewer System Evaluation Servey (SSES) - PHASE 3 Completive of required re§abilitatien work and results
coufirrniut compliance with Infiltration/inflow (1[1) requirement is overdue for the following pump stations:
Pump Stations: 08-03D, 08-04, 08-05, 08-07, 08-11A, 08-11D, and 08-14
Triplicate Flawed Time (ET) Readings - The following pump stations have reported ET reagioes that have not
changed 1ndictint that the pumps are inoperable or not functioning properly:
Pump Stations: 08-06, 08-09, 08-11A, and 08-1 IC
Nominal Daily Average Pump Station Operetine Time (NAPOT) exceeding 10 Hours for the following pump
stations:
Pump Stations: 08-04, 08-06, 08-08, 08-10, 08-11A, and 08-1 IB
City of Opa-tocka
DWO-47
Page 3 of 3
development approval which increases sewer flows for any land use within or upstream of the service area (basin) of the
affected pump station(s).
Your immediate attention to this matter which poses a threat to the public health, welfare and safety within the City, is
required. Please contact me or Mr. Carlos L. Hernandez, P.E., Chief of DERM's Water and Wastewater Division at (305)
372-6600 or by email at hemac�as2miamidade.gov within seven (7) days of receipt of this Notice to arrange a meeting to
discuss the above, including confirmation that the City is willing to enter into the Consent Agreement being offered by
DERM.
Sincerely,
/
ee N. Heft. irectbr
Division of Environmental Resources Management
cc: Opa-L.ocka
Mayor and City Commission: Myra Taylor, Joseph L Kelley, Timothy Holmes, Matthew Pigan, & John B. Riley
Commission Chambers, 215 N. Perviz AVE, Opa•Locka, FL 33054
Commissioner Barbara J. Jordan, District I (district1c m(amidade.00v)
Esin Abia - Director & Building Official - Building & License. City of Opa-locks (rubia'aopalockall.gar
1
Airia Austin - Director- Public Worts & Utilities, City of Opa-Iocka (aaustin,a,opulocka l.goo)
Semi Elmir, P.E., Departnteot of Health (Samar. Elm ir@flhealth.gov)
Anthony Commits, PE, Miami - Dade Water & Sewer Department (Antonio.Cotaretot'gomiamidade.gov)
Jason Andreotta, Florida Department of Environmental Protection (Jasan.Andreeitatl F7uridaDEP.Xgv)
DERM - Carlos Hernandez, PE; Oscar Aguirre; Rosa Areas, PE; Eddie DeAragon
mail to: City
0;-_-'.315010071
OFFICIAL DOCUMENT
MIAMB
COUNTY
Regulatory and Economic Resources
Fnv;ronrnpetal Resources Management
701 NW 1st Court • !(h floor
Miami, Florida 331 iG-391?
T 305 -372 -GOOD F 305-372-6893
Permit No: DWo-0D0047-2017/2019 (O2)-cTILITY 2
Permit Ironed Tor CITY OF 0PA-LDCRA
Facility Location: 151 PMRVIZ AVM
o?A-LOCRA, FL 33054.
Contact Name/Address:
Attn: kris Austin
CITY Oe 0216-LORA
790 PISIOD(NAft STRMEr, 4Th moon
OPA-LOCZA, FL 33054.
DOMESTIC WASTEWATER
ANNUAL OPERATING PERMIT
DESCRIPTION OF FACILITT;MQOIPL4Mrr
miamidade.gov
This document, issued under the provisions of ( apter 24, Miami -Dade County Code (Dade County
-environmental Proceetioo Ordinance), shall be valid from 0i -00C-201) through 30-NOV-2013. The above
name permittee, is hereby authorized to operate the pollutio: control facility at the as a location
which consists of the following:
5.r-79/AGE COLLECTION/TRANSMISSION 51 -STEM
Collection/Transmission System consisting of: Punpzzc Stations, Force Mains and Gravity Severs Mains.
This facility is subject to coezi:oos listed below and in the following pages (if any) of this
permit.
SPMCIFIC CONDITIONS
1. Pursuant co Section 24-42.2(6) of the Miami -Dade County Code, the permitter' shah submit, by
January 6th of each year, a sap (sever atlas) to the Director or his designee which Includes e
list of all sewer lines according to pipe diameter and type of material and number of manholes in
each service area. It is recommended that the submittal be in Arc View electronic shape files,
including: (1) gravity lines, (2) force mains, (3) manholes, and (4) pump stations. The files
shall be in State Plane Coordinates V. 63, with the units in feet. The following parameters for
each of the above shape files shall also be included in the submittal: (al Gravity line segments:
pipe diameter, length elope, material, and downstream puep station; (b) Force main segments; pipe
ai.alreter, length, material and downstream pump station; (c) Manholes: manhole nueher, x -y
coordinates, rim elevation, invert elevation(s), and downstream pump station; (d) Pump station
pump station ID robe:, x -y coordinates, and downstream puce station.
2. FVrsu3nt CO Section 24-42.2(3) (c) (iii) of the Miami -Dade County code. the permitter shall submit
an annual report documenting a1; completed sewer system evaluations and rehabilitation work, as
well as a schedule for any proposed rehabilitation work for the following year, to the Director
or his designee no lacer than sixty (6C) days after the mad of the calendar year.
3. Pursuant to Sections 24-5, 24.20, 24-29, and 24-62.2(5)(b) of the Miami -Dade county Code, the
permi.ttee shall submit, withit 30 days of notification that a pump station bas been determined to
have i:ssufficient capacity, a Remedial action Plan (RAP) that sets forth a program to assure
adequate transaisaior. capacity, including a schedule for the completion of the RAP. The proposed
RAP shall be submitted for review and approval to the Department Director or his designee.
4. The collection/transmission system, and eq:iptsent thereof, shall he operated and maintained so as
to provide uninterrupted service and in accordance with Chapter 62-604 of the Florida
Administrative Code (s'AC). Furthermore, said system shall not ba operated at any tine under
surc:aged conditions.
S. s.Lr,nr t_r_ per:d cf c_e-atior, allowed by this permit', the permittee shall r.jcit a mcnt^:.y
Page 1 0-` 3
Lee N. Hefty, Assistant Director
Department of Regulatory and Economic Resources.
uviromeetal Resources Management
report on the operation of each aedividuaa pemp static=, as required by Secticn 24-42-2(3)(ci(i)
o' the code of Miami -Dade County_ The report shall contain the following islformatiaa:
a) Pump stat_an number_
b) yew Ltd last readings.
c) Beginning date of the reading.
d) Lading date of the readinc.
e) Total ninthly operati.ag hours.
f) Ave_ -age daffy operating hours ;elapsed tide) for the previvas month.
E. Ail Sanitary sewer overflows for which tae permittee is responsible shall be reported to the RER
twenty-four (24) hour emergency response number (305-372-6955) as soot as practical, but no later
than foie (4) hours from tae time the oermittee becomes aware of the iaciden=.
7. Pursuant co Section 24-42.2(3)(a) of the alaai-Dade County Code (the Code), the permd ttee shall
complete a Sanitary Sewer evaluation Survey (SSES) of the entire system following the time
schedele set forth by the Kiami-Dade County C,rdinance 96-166, approved on November 12, 199E. The
SSES- shell be performed in three (3) pbaaas and in accordance with the following requirements aril
taaeframes, Phase I, shall include flow measurements et each sanitary sewer pimp station basin to
identify and quantify the infiltration and Jr -floe (I/1) into the Sanitary sewer system. Phase II:
shell include a final rehabilitation plan required to assure that the 2/I levels are less than
five thousand (5,000) gallons per inch pipe diameter per day per mile (GPI)/ia/mire) of pipe and
laterals, in accordance with Section 24-42.2(1)(d) of the Code. Phase : and II reports for each
basin shall be submitted for review no later than ten (10) years from the date of the previously
approved SSES report for the basin. Phase III: shall include completion of any eequ'ced
rehabilicatioa work and the results of final flow meestrements to catf_.tm compliance with the _/I
standard of leas than 5,000 GPO/in/mile. The Phase /II report shall be submitted for review
within four (4) years of the ratm'_ttal date of the Phase I/ report. Note that guidelines for the
preparation of the SSES report are available upon request.
GKWS LAL CONDITIONS
8. The applicant, by acceptance of this document, agrees to operate arm aaintas the subject
operation so as to comply mith the requirements of Chapter 24-cf the Oode of Miami -Dade County.
4.. If for any reason. the applicant does not comply with or will be unable to comply with any
condition or limitation spec'La ied on this document the applicant aba11 immediately notify and
provide the department with the following information: (a) a description of and cause of
non-compliance) and CO) the period of non-compliance including exact dates and times; or, if ono-
corrected, the anticipated time the son -compliance is expected to cottieue, and steps taken to
reduce, eliminate, and prevent rec_ r nce of the non•coapliarce. The applicant shall be
responsible for any and all damages which may rera.t and may be subject to enforcement action by
:be department for penalties or revocat_oa of this document.
iv. Fs provided in Section 24-15 of the Code of Miami -Dade County, the prior written approval of the
epartment shall be obtained for any alteration to thLs facility.
The issuance of this document does not convey any vested _rights or any exclusive privileges_ Nor
does it authorize any injury to public or private property or any invasion of perso_a1 rights,
nor any inf ringemeat of federal, state or local lays or regulations. Nor does it relieve the
applicant from liability for harm or injury to human health or welfare or property.
12 This document is required to be pos:eel in a conspicuous location at the facility site during the
entire period of operation.
13. This document is not traasferab:e. Upon sale or legal transfer of the property or facility
covered by this document, the applicant shall notify the department within thirty(30) days. The
sew owner must apply for a permit within thirty (30) days. :be applicant shall be liable for any
non-comrtliarce of tae source until the transferee applies for and receives a transfer of this
doe meat
14 The applicant, by ecceptance of this document, specifically agrees to allow access to the named
source at reasctasle tires by department personnel presenting credeatiale for the purposes of
Page 2 of 3
;;;11:7 1 2'. 3_5010071
OFFICIAL DOCUMENT
MIAM
OUNTY
Permit Woe DWO-000047 2017/2013 (02)
Permit Issued To: CITY OP OPA JO=
Regulatoryand Economic Resources
Environmental Rexturee's Management
701 NW 1st Coup • 7th Floor
Miami, Florida .33136-3912
1 305-372.6600 f 305-372-6893
rniamidade.gov
inspection and testing to determine compliance wit' :his documerm and depsr•.c:eac
15. This document doee rot indicate a waiver of or approval of any otter department pear!:. :ha: Tay
be required for ocher aspects of this facility.
1E. This document does not constitute an approval by the Department or certs.icatioo chat the
applicant i.s in compliance with applicable laws, ordinances, rules or regulations. The applicant.
acknowledges that separate enforcement actions may be initiated by the t'cart■ert and that this
document does not constitute compliance with orders issued in conjunctior with enforcement:
actions for correction c} Vinlarion:a.
17 Failure to comply with any ro dition of this document, or toe requirements of Chapter 24, Code of
Miami -Dade County may subject the applicant to :he penalty provisions of said Crapte- iroiuding
civil judic_al penal: -.es up to $25,000 per day pet offense and/or criminal penalties hoc to
exceed $500 per day cc. for violations n_ Section 24-42.4. Sanitary Sewer Discharge !,imitations
and Pretreatment Standards not :.o exceed $2,o0C per day and/or slaty (6C) days in iail.
Pace 3 of t
Yvette J. Harrell, Esq. Telephone: (305) 953-2821 Ext. J 225
City Manager Ee�att yharrellta�opalockafi.gov
TO: Mayor Myra L. Taylor
Vice Mayor Joseph L. Kelley
Commissioner Timothy Holmes
Commissioner Matthew A. Pigatt
Commissioner John Riley
Cc: Vincent T. Brown, City Attorney
FROM: Yvette J. Harrell, Esq., City Manager
DATE: October 19, 2018
SUBJ: Emergency Declaration in compliance with Section 2-320(1)
As you are all aware, the City's current sanitation system is in dire need of repair. Recently, DERM has
received significantly more communications regarding the discharge of sewage. DERM advised that
there have been various issues with the sanitation system for some time. As a result, we are in dire need
of immediate assistance for repair and maintenance of our sewer system. Although we continue to work
with DERM, Miami Dade County and other resources, we remain in need of technical and practical
assistance to address this pressing need. To that end, I am declaring an emergency within the City and
will be seeking to procure the services of contractors so that we may immediately begin to accomplish
the following:
1. Elimination of the concerns related to surcharges, overflows and discharges of the
system.
2. Reduction the City's violations under the DERM Domestic Wastewater Operating
permit.
3. Initiation of the removal of the moratorium which currently impacts most of the City's
pump stations. Such a removal will allow the city to resume issuing of Certificates of
Occupancy and Occupational Licenses for new Businesses within the City.
4. Ensure compliance with the terms of the DERM Consent Agreement, which is
forthcoming.
As a result of the urgent situation, in an effort to prevent further harm to the City and its residents, I am
declaring an emergency to enable the most expeditious, effective and lawful response allowable in
accordance with the relevant sections of the City's Code. As soon as the current situation has passed,
we will initiate normal procurement procedures in order to assist us with our long-term solutions to
ensure the proper functioning of our sanitation system.
I hereby certify that the information provided above is true and correct to the best of my knowledge.
/o,ligiig
Enclosur
City Hall • 780 Fisherman Street, 4a Floor, Opa-locka, Florida 33054 • (305) 688-4611
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP
10/18/2648 Op&odcs, FL Code or Ordinates`'
subsections (b) and (c). However, the agency shall not divide the procurement of contractual
services so as to avoid the requirements of subsections (b) and (c).
(e) A contract for contractual services may be awarded without competition if it is determined In
writing that such services are available from only one (1) source; however, if such contract is
for an amount greater than five thousand dollars ($5,000.00), the agency shall secure prior
approval from the city commission.
(f) A contract for contractual services may be awarded without competition if county, state or
federal law prescribes with whom the agency must contract or if the rate of payment is
established during the appropriations process.
(g) If only one (1) response to an invitation to bid or request for proposals is received, the agency
may proceed with the procurement of the contractual services pursuant to subsection (e).
(h) If no response to an invitation to bid or request for proposals is received, the agency may
proceed with the procurement of contractual services pursuant to subsection (e).
(i) If the dty manager deters in writing that an imibbiliatt danger to the pubNc heaith,
safety, weliare, or other -substantial loss to the city, requires emergency action, We many
may proceed Meth the procurement of the cor+Itraci 1 senAtes necessitated by the
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(j) Extension of a contract for contractual services shall be in writing for a period not to exceed
six (6) months and shall be subject to the same terms and conditions set forth in the initial
contract. The extension may, however, provide for an increase in the total dollar amount of
the contract based on the method and rate established in the initial contract. There shall be
only one (1) extension of a contract unless the failure to meet the criteria set forth in the
contract for completion of the contract is due to events beyond the contractor's control.
(k) Renewal of a contract for contractual services shall be in writing and shall be subject to the
same terms and conditions set forth In the Initial contract. The cost of any contemplated
renewals shall be included in the invitation to bid or request for proposals. Renewals are to
be done on a yearly basis, and contracts shall not be renewed for more than two (2) years
unless competitively procured. Renewals shall be contingent upon satisfactory performance
evaluations by the city manager.
(I) For each contractual services contract, the agency shall designate an employee to function as
contract manager who shall be responsible for enforcing performance of the contract terms
and conditions, serve as a liaison with the contractor, and shall approve alt invoices prior to
payment.
(m) Each agency shall designate one (1) employee who, in addition to his existing duties, shall
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Yvette J. Harrell, Esq.
City Manager
Telephone: (305) 953-2821 Ext.1225
Email: ybaurell@opalockafl.gov
MEMORANDUM
To: Mayor Myra L. Taylor
Vice Mayor Joseph L. Kelley
Commissioner Timothy Holmes
Commissioner Matthew Pigatt
Commissioner John Riley
From: Yvette Harrell, City Manage
Date: November 13, 2018
Re: DERM Consent Agreement
The Consent Agreement was forwarded to the City, the Commission, and other City -related individuals
on October 25, 2018 via email.
The Agreement is between the City of Opa-locka and Miami -Dade County Department of Regulatory
and Economic Resources, Division of Environmental Resources Management (DERM). The
Agreement's purpose is to "redress violations" of Consent Decrees which govern how the City is
supposed to operate its Sanitary Sewer Collection and Transmission System (Sewer System).
Apparently from July 2017 through August 2018, there were sanitary nuisance conditions that were not
directly addressed with DERM. In fact, DERM advised that its personnel was unsuccessful in
communicating with the City for several of the nuisances (violations) during the time in question. The
persistence of these issues combined with our pump station failures led to the request for this Consent
Agreement_
Underthe Agreement, the City will be required to provide a plan for the sewer system, which will
include a timeline, budget and scope for the necessary repairs and operational revisions, as required for
compliance.
Although the major immediate health -safety issues have been addressed, there are still several pending
issues including equipment replacement, testing, third -party violators and capacity that relate to the
sewer operation. This Agreement and the plan for compliance will contemplate each of those on -going
issues and provide reasonable methods of addressing all of them.
The current agreement is still being negotiated, specifically as it relates to time frames and payments,
but is complete in its substance.
I will resubmit the final agreement for approval to both the City Commission and the State Oversight
Board. I anticipate the Agreement being fuialized over the next thirty (30) days.
*** END OF MEMORANDUM ***
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