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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 X Fiscal Impact: (EnterX in box) Yes No Ordinance Reading: (Enter X in box) 1u Reading 2nd Reading x $0.00 Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: Advertising Requirement: (EnterX in box) Yes No X Contract/P.O. Required: (EnterXinbox) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (EnterX in box) Yes No Strategic Plan Priority Area: Enhance Organizational • Bus. & Economic Dev • Public Safety Quality of Education MI Qual. of Life & City Image • 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 withibrtomnpetigfAiorarksutb emergancyfirsturamenis sbraMbe '> Mite• o yandarNlo r! reiatingwthe e!Tl ititi0b. rllil t t(M liiiiii . (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 2/3 °. 4 4- r o 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 *** 2