HomeMy Public PortalAbout19-9591 Miami Dade Department of Regulatory and Economic Resources (DERM) Sponsored by: City Manager
RESOLUTION NO. 19-9591
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 Governor or his designee.
PASSED AND ADOPTED this 9th day of January, 2019.
Matthew A. Pigatt
Mayor
Attest to: Approved as to form and legal sufficiency:
•
Jo. Flores BROWN LAW GROUP,
City erk City Attorney
Moved by: COMMISSIONER BURKE
Seconded by: COMMISSIONER KELLEY
Commissioner Vote: 5-0
Commissioner Holmes: YES
Commissioner Riley: YES
Commissioner Pigatt: YES
Vice Mayor Kelley: YES
Mayor Taylor: 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 of Opa-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 in
City of Opa-Locka(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 fmding 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(DWO-47)Consent 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-47)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 1St Court, 7tb 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-Locka(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)Consent 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 1st 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 1' 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$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 1St Court,Cashier's Office,3rd Floor,
Miami, Florida 33136.
City of Opa-Locka(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 Opa-Locka(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-Locka(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 thy 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 10 of 10
LOCk4
P. 4 d.
Yvette J.Harrell,Esq. Telephone:(305)953-2821 Ext.1225
City Manager Email: v_harrell @opalockafl.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 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.
I will keep you all advised as to the outcome.
Enclosures
City Hall • 780 Fisherman Street,4t Floor, Opa-locka, Florida 33054 • (305)688-4611
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP
Department of Regulatory and Economic Resources
M IAM IQADE Environmental Resources Management
701 NW 1st Court,6th Floor
COUNTY Miami,Florida 33136-3912
Carlos A.Gimenez, Mayor T 305-372-6902 F 305-372-6630
miamidade.gov
October 2,2018
Newall J.Daughtrey,Interim City Manager Certified Mail No. 7001 2510 0001 1765 0406
City of Opa-Locka Return Receipt Requested
780 Fisherman Street,46 Floor
Opa-Locka,FL 33054
Re:City of Opa-Locka(City)Sanitary Sewer Collection and Transmission System Operating under Domestic Wastewater
Permit(DWO-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-Locka 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,
08/31/17,09/01/17,09/18/17,09/20/17, 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 conditions:
Puma 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 Survey (SSES) - PHASE 3 Completion of required rehabilitation work and results
confirming 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 Elapsed Time(ET) Readings -The following pump stations have reported ET readings that have not
changed indicating that the pumps are inoperable or not functioning properly:
Pump Stations:08-06,08-09,08-11A,and 08-11C
Nominal Daily Average Pump Station Operating Time (NAPOT) exceeding 10 Hours for the following pump
stations:
Pump Stations:08-04,08-06,08-08,08-10,08-11A,and 08-11B
City of Opa-Locka Page 3 of 3
DWO-47
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 hernac @miamidade.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,
1
fly f i
(tee N. He irectbr
Division of Environmental Resources Management
cc: 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 I (disirictl(d miamidade.aov)
Esin Abia—Director&Building Official - Building& License,City of Opa-locka(cab iaii opalockali.gov)
Airia Austin-Director-Public Works&Utilities,City of Opa-locka(aaustina;opalockall.Qov)
Samir Elmir,P.E.,Department of Health(Samir.Elnrir%a flhealth.gov)
Anthony Cotarelo,PE,Miami—Dade Water&Sewer Department(Antonio.Cotarelo(g)miamidade.gov)
Jason Andreotta,Florida Department of Environmental Protection(Jason.Andreotid&FloriclaDEP.gov)
DERM-Carlos Hernandez,PE;Oscar Aguirre;Rosa Areas,PE;Eddie DeAragon
7017-2-% 150_0071
OFFICIAL DOCUMENT
Regulatory and Economic Resources
Fnvironrnental Resources Management
M I A M IDADE 701 NW 1st Court • 7th Floor
Miami, Florida 33136-3917
COUNTY 1 305-372-6600 F 305-372-6893
miamidade.gov
Permit No: DWO-000047-2017/2018 (D2)-DT'IILITY 2
Permit Issued To: CITY OF OPA-LOCEA
Facility Location: 151 PERVIZ AVE
OPA-LOCKA, FL 33054-
Contact Name/Address:
Attu: Airia Austin
CITY OF OPA-LOCKA
780 FISHERMAN STREET, 4TH FLOOR
OPA-LOCKA, FL 33054-
DOMESTIC WASTEWATER
ANNUAL OPERATING PERMIT
DESCRIPTION OF FACILITY/EQUIPMENT
This document, issued under the provisions of r"-apter 24, Miami.-Dade County Code (Dade County
tr:vironmeatal Protection ordinance) , shall be valid from 01-D_SC-2017 through 30-NOV-2018. The above
name permittee, is hereby authorized to operate the pollution control facility at the above location
which consists of the following:
SEWAGE COLLECTION/TRANSMISSION SYSTEM
Collection/Transmission System Consisting of: Pumping Stations, Force Mains and Gravity Sewers Mains.
This facility is subject to conditions listed below and in the following pages (if any) of this
permit.
SPECIFIC CONDITIONS
1. Pursuant to Section 24-42.2(6) of the Miami-Dade County Code, the permittee shall submit, by
January 6th of each year, a map (sewer atlas) to the Director or his designee which includes a
list of all sewer lines according to pipe diameter and type of material and number of manholes in
each service area. it is recwunended that the submittal be in Arc View electronic shape files,
including: (1) gravity lines, (2) force mains, (3) manholes, and (4) pump statiors. The files
shall be in State Plane Coordinates NAD 83, with the units in feet. The following parameters for
each of the above shape files shall also be included in the submittal: (a) Gravity line segments:
pipe diameter, length slope, material, and downstream pump station; (b) Force main segments: pipe
diameter, length, material and downstream pump station; (c) Manholes: manhole number, x-y
coordinates, rim elevation, invert elevation(s), and downstream pump station: (d) lump station
pump station ID number, x-y coordinates, and downstream pump station.
2. Pursuant to Section 24-42.2(3) (C) (iii) of the Miami.-Dade County Code, the permittee shall submit
an annual report documenting all completed sewer system evaluations and rehat-ilita.tion work, as
well as a schedule for any proposed rehabilitation work for the following year, to the Director
or his designee no later than sixty (60) days after the end of the calendar year.
3. Pursuant to Sections 24-5, 24-20, 24-29, and 24-42.2(5) (b) of the Miami-Dade County Code, the
permittee shall submit, wiz:hie 30 days of notification that a pump station has been determined to
have insufficient capacity, a Remedial Action Plan (RAP) that sets forth a program to assure
adequate transmission capacity, including a schedule for the completion of the RAP. The proposed
RAP shall be submitted for review and approval to the Department Director cr his designee.
4. The collection/transmission system, and equipment thereof, shall be operated and maintained so as
to provide uninterrupted service and in accordance with Chapter 62-604 of the Florida
Administrative Code (FAC) . Furthermore, said system shall not be operated at any time under
surchaged conditions.
5. Inuring the period cf operation allowed by this permit, the neroitree shall submit a monthly
Lee N. Hefty, Assistant Director
Department of Regulatory and Economic Resources,
Environmental Resources Management
Page 1 of 3
report on the operation of each individual pump station, as required by Secticn 24-42.2(3) (c)(i)
of the Code of Miami-Dade County. The report shall contain the following information:
a) Pump station number.
b) New and last readings.
c) Beginning date of the reading.
d) Eodjng date of the reading.
e) Total monthly operating hours.
f) Ave_—age daily operating bours (elapsed time) for the previous month.
6. All Sanitary sewer overflows for which the permittee is responsible shall be reported to the RPR
twenty four (24) hour emergency response number (305-372-6955) as soon as practical, but no later
than four (4) hours from the time the permittee becomes aware of the incident_
7. Pursuant to Section 24-42.2(3) (a) of the Miami-Dade County Code (the Code), the permittee shall
complete a Sanitary Sewer Evaluation Survey (SSES) of the entire system following the time
schedule set forth by the Miami-Dade County Ordinance 96-166, approved oa November 12, 1996. The
SSES shall be performed in three (3) phases and in accordance with the following requirements and
timeframes: Phase I: shall include flow measurements at each sanitary sewer pump station basin to
identify and quantify the infiltration and inflow (I/I) into the sanitary sewer system. Phase II:
shall include a final rehabilitation plan required tc assure that the I/I levels are less than
five thousand (5,040) gallons per inch pipe diameter per day per mile (GPD/in/mile) of pipe and
laterals, in accordance with Section 24-42.2(1)(d) of the Code. Phase I 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 basis. Phase III: shall include completion of any required
rehabilitation work and the results of final flow measurements to confirm compliance with the I/I
Sta-riard of less than 5,000 GPD/in/mile. The Phase III report shall be submitted for review
within four (4) years of the submittal date of the Phase II report. Note that guidelines for the
preparation of the SSES report are available upon request_
GENERAL CONDITIONS
B. The applicant, by acceptance of this document, agrees to operate and meietain the subject
operation so as to comply with the requirements of Chapter 24-cf the Code 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 specified on this document the applicant shall immediately notify and
provide the department with the following information: (a) a description of and cause of
non-compliance; and (b) the period of non-compliance including exact dates and times; or, if not
corrected, the anticipated time the non-compliance is'expected to continue, and steps taken to
reduce, eliminate, and prevent recurrence of the non-compliance. The applicant shall be
responsible for any and all damages which may resit and may be subject to enforcement action by
the department for penalties or revocation of this document.
10. As provided in Section 24-15 of the Code of Miami-Dade County, the prior written approval of the
Department shall be obtained for any alteration to this facility.
11. 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 personal rights,
nor any infringement of federal, state or local laws 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 posted in a conspicuous location at the facility site during the
_ entire period of operation.
13. This document is not transferable. Upon sale or legal transfer of the property or facility
covered by this document, the applicant shall notify the department within th_rty(30) days. The
new owner must apply for a permit within thirty (30) days. The applicant shall be liable for any
non-compliance of the source until the transferee applies for and receives a transfer of this
document.
14. The applicant, by acceptance of this document, specifically agrees to allow access to the named
source at reasonable times by department personnel presenting credeatie_s for the purposes of
Page 2 of 3
, i 7?". 31501D071
OFFICIAL DOCUMENT
Regulatory and Economic Resources
Environmental Resources Management
M IA M!DADS 701 NW 1 s,Court • 7th Floor
Miami, Florida 33136-.3912
9 NT 1 305-372-66001305-372-68'93
miamidade.gov
Permit No: DWO-000047-2017/2018 (U2)
Permit Issued To: CITY OP OPA--LOCRA
-spect-.ion and testing to determine compliance with :his document. and department roles-
15. This document does not indicate a waiver of or approval of any other department ?etrr t. that tray
he required for other aspects of this `.acili*y.
15. This document does not constitute an approval by the Department or certification that the
applicant is in compliance with applicable laws, ordinances, rules or regulations. The applicant.
acknowledges that separate enforcement actions may be initiated by the Department and that this
document does not constitute compliance with orders issued in conjunction with enforcement
actions for correction of violations.
27 Failure to comply with any condition of this document, or the reTairements of Chapter 24, Code of
miam_-Dade County may subject the applicant to the penalty provisions of said Chapter ir.c udina
civil judicial penalties up to $25,000 per day _sec offense and/or criminal penalties not
exceed 5500 per day or, for violations of Section 24-42.4, Sanitary Sewer Discharge Limitations
and Pretreatment Standards not to exceed $2,000 per day and/or sixty (60) days in jail.
Page 3 of 1
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Yvette J.Harrell,Esq. A Telephone:(305)953-2821 Ext.1225
City Manager Email:vharrell(Mopalockafl.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(i)
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�i7nformation provided above is true and correct to the best of my knowledge.
JO//q/f!v eapg,'hey Notary PuWit Stale of F•F Diane Cure-Darden
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9
nclosure /�,�' �dam._ salon GG 20197. (li
Wit 11#401711 04/01/2022
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
10/18/2018 Opa-locka,FL Code of Ordinances
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 cry manager deterritnes in wrItirg an inmxtite cLwger in the ixtfc twafth,
safety,welfare,or other substantial loss to the cft regt*es emery
may procurement of the corAractual services nmewkatwl by the
lawnecgMe flinger w e competition.tlowew. emergency e
mac*wth such competition as ispracticanie under the circumstances.mstan_ces T
redatirs to the emergency to dn.-city comnftion.
(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 all invoices prior to
payment.
(m) Each agency shall designate one(1)employee who, in addition to his existing duties, shall
2/3
, LOCk
O 4
UI n
Yvette J. Harrell,Esq. Telephone:(305)953-2821 Ext.1225
City Manager Email:yharrell @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.
Under the 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 finalized over the next thirty(30)days.
*** END OF MEMORANDUM ***
2