HomeMy Public PortalAbout18-9572 Consent Agreement w/ MDC Department of Regulatory and Economic Resources Sponsored by: City Manager
RESOLUTION NO. 18-9572
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND ENTER INTO A
CONSENT AGREEMENT WITH THE MIAMI-DADE
DEPARTMENT OF REGULATORY AND ECONOMIC
RESOURCES, DIVISION OF EVIRONMENTAL
RESOURCES MANAGEMENT (DERM), SUBSTANTIALLY
IN THE FORM ATTACHED, TO RESOLVE ALLEGED
VIOLATIONS, AND TO BRING BACK THE FINAL
AGREEMENT FOR CITY COMMISSION APPROVAL;
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 of the City of Opa-locka desires to authorize the City
Manager to negotiate 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 to negotiate a Consent Agreement with DERM, to resolve alleged violations of
Miami-Dade County Code, and to bring back the final agreement for City Commission
approval , 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.
SECTION 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
Resolution No. 18-9572
PASSED AND ADOPTED this 14th day of November, 2018,
yra L. Taylor
Mayor
Attest to: Approved as to form and legal sufficiency:
0.-4/f
Jo, na Flores BROWN LAW GROUP,
Ci Clerk City Attorney
Moved by: COMMISIONER HOLMES
Seconded by: COMMISSIONER RILEY
Commissioner Vote: 5-0
Commissioner Holmes: YES
Commissioner Riley: YES
Commissioner Pigatt: YES
Vice Mayor Kelley: YES
Mayor Taylor: YES
Department of Regulatory and Economic Resources
MIAMI-DAD Environmental Resources Management
701 NW 1st Court,6th Floor
COUNTY Miami, Florida 33136-3912
T 305-372-6902 F 305-372-6630
Carlos A. Gimenez,Mayor miamidade.gov
October 25, 2018
Ms. Yvette Harrell, City Manager Certified Mail No. 7014 1200 0000 1634 4454
City of Opa-Locka Return Receipt Requested
780 Fisherman Street, 4th Floor
Opa-Locka, FL 33054
Re: City of Opa-Locka (City) Sanitary Sewer Collection and Transmission System Operating under Domestic
Wastewater Permit (DWO-47)
Dear Ms. Harrell:
As a follow-up to the Notice of Violation issued to the City of Opa-Locka on October 2, 2018, the Miami-Dade
County Department of Regulatory and Economic Resources, Division of Environmental Resources
Management (DERM) has prepared the enclosed administrative Consent Agreement in order to assist the City
in resolving the on-going sanitary sewer overflows causing sanitary nuisance conditions, and the deficiencies
within the City's wastewater collection and transmission system. Please review said agreement for signing,
along with confirmation of approval by the Opa-Locka City Commission, and return both signed copies to DERM
along with Commission approval within fifteen (15) days of receipt of this letter.
If you have any questions or wish to meet with DERM staff to discuss the Agreement further please contact Mr.
Carlos L. Hernandez, P.E., Chief of DERM's Water and Wastewater Division at (305) 372-6600 or by email at
hernac( miamidade.aov, you may also contact Eva Lizardo of DERM's Code Enforcement Section at (305)
372-6617 or by email at lizare(a)_miamidade.gov.
Sincerely,
ee efty, $irector
Division of Environmental Resources Management
Enclosure:Administrative Consent Agreement
c: Opa-Locka Mayor and City Commission: Myra Taylor, Joseph L. Kelley, Timothy Holmes, Matthew Pigatt, & John B.
Riley mail to: City Commission Chambers, 215 N. Perviz AVE, Opa-Locka, FL 33054
Commissioner Barbara J. Jordan, District 1 (district9(c2miamidade.aov)
Esin Abia— Director& Building Official- Building & License, City of Opa-locka (eabia(d opalockatl.gov)
Airia Austin-Director- Public Works& Utilities, City of Opa-locka(aaustin{&7opalockatl.gov)
Samir Elmir, P.E., Department of Health (Samir Elmirplhealth.gov)
Anthony Cotarelo, PE, Miami—Dade Water&Sewer Department(Antonio.Cotarelo @miamidade.gov)
Jason Andreotta, Florida Department of Environmental RrRtegipn Jason. •re• •v
DERM -Carlos Hernandez, PE; Donna Gordon; Eva LithaeitYer l , (Y ;eliCe Wry .
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:
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
City of Opa-Locka(DWO-47)Consent Agreement 2018 Page 1 of 8
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 fitlly
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 in 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 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.
City of Opa-Locka(DWO-47)Consent Agreement 2018 Page 2 of 8
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 immediately implement efforts to effectively respond to all utility sanitary sewer
overflows including but not limited to:
a. 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 means necessary to immediately remediate the sanitary nuisance, including obtaining
assistance from other utilities, contracts, vendors or contractors as applicable, if the Respondent
determines that they are unable to 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
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.
City of Opa-Locka(DWO-47)Consent Agreement 2018 Page 3 of 8
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 seven (7) days of the effective date of this Agreement, submit to DERM a
complete inventory of the Respondent's owned, rented, leased, or contracted equipment. Said 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 thirty (30) 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 shall also include any equipment necessary to perform repairs or installations of the required pumps.
11. The Respondent shall within thirty (30) 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 during the month of September 2018. Said
report shall continue to be submitted on a monthly basis for the duration of this consent agreement.
12. The Respondent shall within ninety(90) 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 1St 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 approved by the
City of Opa-Locka(DWO-47)Consent Agreement 2018 Page 4 of 8
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 fully cooperate with DERM to immediately take the steps necessary to resolve
threats to public health, welfare, and safety. In the event Respondent does not, within 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 comply with the terms or
conditions set forth herein and to comply with any payment requirements specified in this Agreement.
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 permit no. DWO-47 on check).The payment shall be sent to Miami-Dade County,
City of Opa-Locka(DWO-47)Consent Agreement 2018 Page 5 of 8
Environmental Resources Management,Department of Regulatory and Economic Resources, 701 NW 1
Cashier's Office, 31d Floor, Miami, Florida, 33136-3912, c/o Eva Lizardo, Code Enforcement
Officer.
18. Respondent shall, within thirty (30) days from the effective date of this Agreement, submit a certified
check made payable to Miami-Dade County (indicate permit 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 1St Court, Cashier's Office, 3rd 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$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 provisions set forth in Chapter 24 Miami-Dade County Code.
Within thirty(30)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 33136-3912, c/o Eva Lizardo, Code Enforcement
Officer.
SAFETY PRECAUTIONS
20. Respondent shall 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.
City of Opa-Locka(DWO-47)Consent Agreement 2018 Page 6 of 8
21. Respondent shall notify DERM via phone at (305) 372-6955 of any sanitary nuisance condition
documented or referred to the Respondent.
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 19 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.
City of Opa-Locka(DWO-47)Consent Agreement 2018 Page 7 of 8
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 day of , 2018.
by:
(Name of Affiant)
Personally Known or Produced Identification
(Check One)
Type of Identification Produced:
Notary Public
FOR OFFICE 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 2018 Page 8 of 8
Exhibit A
DOMESTIC WASTEWATER DISCHARGE_
ABNORMAL EVENT NOTIFICATION
UTILITY NAME:
UTILITY INCIDENT TRACKING No.:
INCIDENT/REPORT VERSION No.:
EMPLOYEE NAME REPORTING THE EVENT:
EMPLOYEE TITLE:
EMPLOYEE PHONE No.:
DISCHARGE I NFO R MA T ION
LOCATION/ADDRESS OF The DISCHARGE:
PUMP S T A T I O N BASIN ID/NAME:
TYPE OF WATER DISCHARGED:
FLOW PATH:
DISCHARGE(SSO)CAUSED BY:
ADDITIONAL DISCHARGE CAUSE:
ESTIMATED QUANTITY OF SEWAGE RELEASED(Gal):
METHOD USED TO ESTIMATE QUANTITY:
DISCHARGE WENT INTO:
IF DISCHARGE TO STORM SEWER,HOW MANY DRAINS IMPACTED:
DISTANCE FROM SPILL TO STORMDRAIN(s)(FT):
IF DISCHARGE/NW SURFACE WATER,DISTANCE 70 SURFACE WATER(FE)
IF DISCHARGE TO SURFACE WATERS,WATER BODY NAME:
WEATHER CONDITIONS:
ACTION(S) TAKEN:
DATE DISCHARGE STARTED:
ESTIMATED TIME DISCHARGE STARTED:
ESTIMATED TIME ACTION TAKEN:
CHIT SPILL OBSERVED AT TIME OF DISCOVERY:
ISCHARGE FLOW STOPPED;
DATE DISCHARGE S T O P P E D:
TIME DISCHARGE STOPPED:
PILL CONTAINED:
REA CLEANED:
8A DISINFECTED:
ETHOD OF DISINFECTION:
ESTIMATE QUANTITY OF SPILL RECOVERED(Gals.):
Page 1 of 2
NOTIFICATIONS
PUBLIC NOTIFIED(YES/NO):
METHOD OF PUBLIC NOTIFICATION:
DATE PUBLIC NOTIFIED:
TIME PUBLIC NOTIFIED:
AGENCIES NOTIFIED METHOD NAME PERSON DATE TIME
NOTIFIED
DEP-WARNING POINT PHONE
RER-DERM-COMPLAINT DESK E-MAIL
WASD-ADM/MANAGEMENT E-MAIL
STAFF
DOH-NOTIFICATION GROUP E-MAIL
EPA-NOTIFICATION GROUP E-MAIL
HMS-HAZARDOUS MATERIAL
SUBCOMMITTEE GROUP E-MAIL
RER-DERM-NOTIFICATION
GROUP E-MAIL
SFWM-NOTIFICATION GROUP E-MAIL
FORM COMPLETED BY:
TITLE:
PHONE NUMBER:
ADDITIONAL COMMENTS
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