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1140-Florida Extruders InternationalI o il ININNwilux "NrNNNINNNININN r` N M w a 0 0 ICT Q a a 0 x 0 0 a� W 0 U a� 0 x 0 0 b a, a� PLO CITY OF SANFORD, FLORIDA IN THE MATTER OF: PROCEEDING UNDER Florida Extruders International, Inc. ) ARTICLE IX, CHAPTER 102 2540 Jewett Lane ) CITY OF SANFORD CODE Sanford, Florida 32771 ) ) Wastewater Discharge Permit No. 0018 Respondent. ) CONSENT ORDER I. NATURE OF THE ACTION 1. The City of Sanford, Florida ( "City "), negotiated a prior Consent Order with Florida Extruders International, Inc. ( "FEI "), on July 26, 2005 pursuant to Sections 102 -313 of the City of Sanford Code. FEI is a Florida corporation, with its principle place of business at 2540 Jewett Lane, Sanford, Florida ( "Facility "). 2. The prior Consent Order contained remedial actions in paragraphs 20 to 25 that were required to be performed by the FEI within a period of ninety (90) days from the effective date of this Consent Order. 3. City and FEI agreed to the execution of the prior Consent Order and FEI agreed to comply with the terms and conditions of the prior Consent Order. 4. The City sent a letter dated August 29, 2005 informing the FEI that the compliance report received for the sampling in May 2005 was incomplete and contained many errors. A completed and corrected report was required to be resubmitted by the FEI within 30 days from the date of receipt of the letter. The signed return receipt indicated the letter was received by the FEI on September 1, 2005 and thus the new due date for resubmittal of the May report was October 1, 2005. 5. On October 5, 2005, the City inspected the FEI facility and determined that none of the remedial actions, including written pH recording, contained in the prior Consent Order had been completed to date. 6. The City sent a letter dated October 13, 2005 to the FEI containing two (2) Notices of Significant Noncompliance for failing to timely submit complete compliance reports for May and July 2005. In addition, three (3) Notices of prior Consent Order Violation were included for FEI's failure to maintain written pH records as noted by an inspection of FEI performed by the City on October 5, 2005. it i M V: z rn i M v.I M rn M 0 G 7 -C; a 7. On October 25, 2005 the City inspected FEI's facility to ascertain if all remedial actions contained in the prior Consent Order had been completed as required by the terms of the Order. 8. The City sent a letter dated November 2, 2005 to FEI containing three (3) Notices of prior Consent Order Violation, outlining the violations and including an Order to Show Cause Hearing to be held on November 16, 2005. A signed return receipt indicates this letter was received by FEI on November 7, 2005. 9. On November 30, 2005 the City Manager issued an order granting the FEI a delay in the proceedings and ordering a new hearing date on December 13, 2005. This Order was hand delivered to and signed for by FEI on December 2, 2005. 10. The hearing set for December 13, 2005 was not completed and it was agreed that the City and the FEI would meet at FEI's facility on December 20, 2005. 11. On December 20, 2005 a meeting took place between the City and FEI at the industry's facility. Within the following several days, FEI produced production figures and wastewater discharge data to enable the City to determine if the analytical results of sampling performed throughout 2005 was in compliance with pollutant limits contained in Wastewater Discharge Permit No. 0018. 12. Having first calculated all current 2005 wastewater discharge data using the production figures obtained from FEI in December 2005, the City sent a letter dated January 17, 2006 to FEI containing fifteen (15) Notices of Violation and twelve (12) Notices of Significant Noncompliance concerning apparent violations of the pollutant limits for Zinc, Oil & Grease and Chromium on various occasions and at various sampling locations during 2005. A further Notice of Significant Noncompliance was also attached to this letter for FEI's failure to submit a compliance report for the sampling in September 2005, thirty (30) days after the due date of October 30, 2005. The report was finally received by the City on December 12, 2005. 13. The City sent a letter to the FEI dated February 10, 2006 containing two (2) Notices of Violation and four (4) Notices of Significant Noncompliance concerning apparent violations of the pollutant limits for Oil & Grease on the November 2005 compliance report. A further Notice of Significant Noncompliance was also attached to this letter for FEI's failure to submit a compliance report for the sampling in November 2005, thirty (30) days after the due date of December 30, 2005. Required production figures to complete the report were finally received by the City on February 7, 2006. 14. Following receipt of the Notices of Violation alleging Oil & Grease violations in connection with wastewater discharges from FEI's caustic etch line, FEI initiated an investigation of the wastewater from the caustic etch line to determine whether a hydrocarbon based lubricant (oil /grease) was, in fact, present in the discharge from the caustic etch line. In connection with this investigation, laboratory samples were analyzed by IMR Test Labs and Chemir Analystical Services. In addition, FEI collected samples of its waste stream from all discharge points in March 2006 and submitted the samples to PC &B Environmental Laboratories, Inc. for analysis 2 for total toxic organics ( "TTO ") by EPA Methods 624/8260. The results of this investigation established that a hydrocarbon based lubricant (oil/grease) was not present in the wastewater generated at the caustic etch line. FEI uses a Bulk Sol 16 solution at the caustic etch line that includes a chemical series of glycol ether compounds. FEI asserts that the constituents soluble in this organic liquid are falsely identified as oil and grease compounds when analyzed for oil and grease by EPA Method 1664, as currently required by FEI's Wastewater Discharge Permit ( #0018). 15. The City sent a letter to the FEI on April 1, 2006 containing four (4) Notices of Violation concerning apparent violations of Oil & Grease in the caustic etch and die cleaning wastewater discharges sampled by the permittee on January 31, 2006. A fifth Notice of Violation (NOV 024) concerning the amount of zinc in the furnace scrubber wastewater issued with this letter has been withdrawn as the permittee has since certified that no discharge to the sewer occurred from this point since January 2006. 16. The City sent a letter to the FEI on May 9, 2006 containing two (2) Notices of Violation concerning apparent violations of Oil & Grease in the caustic etch wastewater discharge sampled by the permittee on March 30, 2006. Six (6) additional Notices of Violation (NOVs 025, 026, 027, 028, 029 and 030) concerning the amount of zinc, copper and lead in the furnace scrubber wastewater issued with this letter have been withdrawn as the permittee has since certified that no discharge to the sewer occurred from this point since March 2006. In addition four (4) Notices of Significant Noncompliance were issued concerning apparent violations of Oil & Grease in the caustic etch wastewater discharge sampled by the permittee on March 30, 2006. Seven (7) additional Notices of Significant Noncompliance (SNCs 028, 029, 030, 031, 032, 033 and 034) concerning the amount of zinc, copper and lead in the furnace scrubber wastewater issued with this letter have been withdrawn as the permittee has since certified that no discharge to the sewer occurred from this point since March 2006. 17. On July 19, 2006, the City calculated a total penalty amount for pollutant violations described in paragraphs 6, 8, 12, 13, 15 and 16 above up to July 26, 2006 to be $863,950.00. A spreadsheet, itemizing these individual penalties is attached and becomes part of this Order. FEI contends that the City's method of calculating penalties for the alleged failure to timely file compliance reports described in the attached spreadsheet is contrary to applicable federal, state and local guidance, that the proposed penalties for alleged violations occurring at the cooling tower discharge point are without merit since there was no discharge from the cooling tower on the dates of the alleged violations, and further that the calculated penalties for the alleged Oil & Grease violations are without merit given the presentation of evidence by FEI, as described more fully below, that the alleged Oil & Grease violations for the caustic etch line did not occur. 18. On July 19, 2006, FEI submitted to the City the results of FEI's investigation of the Bulk Sol 16 solution described in paragraph 14 above. FEI asserts that the July 19, 2006 transmittal confirmed that the Bulk Sol 16 solution was not a petroleum -based formulation. FEI submitted a request to the City on August 24, 2006 for a modification to the Industrial Wastewater Discharge Permit ( #0018) to include monitoring for TTO in lieu of oil and grease by EPA Method 1664 at monitoring Points B and C. k] 19. On August 29, 2006 FEI submitted to the City a request for further modification of its Industrial Wastewater Discharge Permit ( #0018) concerning the monitoring requirements for specific designated discharge locations at the plant. See Section VII. 20. FEI has made significant improvements to the pretreatment facilities for the various production units at the Facility. Details of the improvements made are described more fully in Article IV below. The total costs of the improvements made by FEI to its pretreatment facilities exceed $600,000.00. A breakdown of such costs to date is attached to this Consent Order. 21. On August 31, 2006 FEI submitted to the City a request that the compliance schedule for submittal of the Standard Operating Procedures Manual for the new pretreatment facilities recently installed at the Facility be incorporated in a modification of FEI's Industrial Wastewater Discharge Permit ( #0018). 22. City and FEI have conferred for the purpose of settlement in response to the alleged violations described in paragraphs 6, 8, 12, 13, 15 and 16 above up to July 26, 2006, and desire to settle this action. Accordingly, before any testimony has been taken upon the pleadings and without any admission of violation or adjudication of any issue of fact or law, City and FEI have agreed to the execution of this Consent Order and FEI hereby agrees to comply with the terms and conditions of this Consent Order. II. PRELIMINARY STATEMENTS 23. FEI has been served with six (6) Notices of prior Consent Order Violation, dated October 19, 2005 and November 4, 2005, twenty three (23) Notices of Violation dated January 25, 2006, February 10, 2006, April 1, 2006 and May 9, 2006, twenty four (24) Notices of Significant Noncompliance, dated October 19, 2005, January 25, 2006, February 10, 2006 and May 9, 2006. 24. FEI is an "Industrial user" as defined in Section 102 -252, City of Sanford Code. 25. FEI is the owner and operator of an aluminum extrusion manufacturing facility located at 2540 Jewett Lane, Sanford, Florida ( "Facility "). The Facility is identified as a Class One Categorical Industrial User under Section 102 -396, City of Sanford Code. 26. On April 17, 2005, City issued to FEI Industrial Wastewater Discharge Permit No. 0018, Effective April 1, 2005, to expire March 31, 2008 ( "Renewal Permit "). The Renewal Permit authorizes FEI to discharge industrial wastewater generated at the Facility into the City's sewer system, subject to the specific terms and conditions of the Renewal Permit. 27. On July 26, 2005, City and FEI signed a prior Consent Order requiring FEI to perform various remedial activities within a time period of ninety (90) days. L, 28. The City issued to FEI three (3) Notices of prior Consent Order Violation dated October 19, 2005, alleging that FEI failed to comply with requirements for written pH records to be kept at each discharge site. 29. The City issued to FEI a Notice of Significant Noncompliance dated October 19, 2005, alleging that FEI failed to timely submit a complete compliance report for May, 2005 required by the Permit within thirty (30) days after the due date of June 30, 2005. 30. The City issued to FEI a Notice of Significant Noncompliance dated October 19, 2005, alleging that FEI failed to timely submit a complete compliance report for July, 2005 required by the Permit within thirty (30) days after the due date of August 30, 2005. 31. The City issued to FEI three (3) Notices of prior Consent Order Violation dated November 4, 2005, alleging that FEI failed to install equipment, and submit an emergency response plan within the time period required by the prior Consent Order. 32. The City issued to FEI fifteen (15) Notices of Violation dated January 17, 2006, alleging that FEI exceeded daily maximum and monthly average pollutant limitations for wastewater discharge required by the Permit for Zinc, Oil & Grease and Chromium at various sampling locations between May and September 2005. 33. The City issued to FEI twelve (12) Notices of Significant Noncompliance dated January 17, 2006, alleging that FEI exceeded daily maximum and monthly average pollutant limitations for wastewater discharge required by the Permit for Zinc, Oil & Grease and Chromium at various sampling locations between May and September 2005. 34. The City issued to FEI a Notice of Significant Noncompliance dated January 17, 2006, alleging that FEI failed to timely submit a complete compliance report for September, 2005 required by the Permit within thirty (30) days after the due date of October 30, 2005. 35. The City issued to FEI two (2) Notices of Violation dated February 10, 2006 and four (4) Notices of Significant Noncompliance dated February 10, 2006, alleging that FEI exceeded daily maximum and monthly average pollutant limitations for wastewater discharge required by the Permit for Oil & Grease in November 2005. 36. The City issued to FEI four (4) Notices of Violation dated April 1, 2006, alleging that FEI exceeded daily maximum and monthly average pollutant limitations for wastewater discharge required by the Permit for Oil & Grease at the caustic etch and die cleaning sample points in January 2006. 37. The City issued to FEI two (2) Notices of Violation dated May 9, 2006 alleging that FEI exceeded daily maximum and monthly average pollutant limitations for wastewater discharge required by the Permit for Oil & Grease at the caustic etch sampling point in March 2006. In addition four (4) Notices of Significant Noncompliance dated May 9, 2006 were issued concerning apparent violations of Oil & Grease in the caustic etch wastewater discharge sampled by the permittee on March 30, 2006. 5 38. The FEI shall pay the civil penalty and administrative costs as set forth in this Order. 39. The FEI certifies that, as of the date of its execution of this Order, it is in material compliance with applicable provisions of Article IX, Chapter 102, City of Sanford Code and the Renewal Permit. Reports required to be submitted by FEI to City under the Revised Renewal Permit described in Article VII below shall be submitted by the deadlines set forth in the Renewal Permit, via overnight mail with return receipt requested or certified mail return receipt requested. 40. The adjudication of this matter as set forth herein is in the public interest and this Order is consistent with the applicable requirements of the City of Sanford Code and Florida and Federal law. Compliance with the terms and conditions of this Order resolves all violations of Chapter 102 of the City of Sanford Code and applicable provisions of the Permit alleged in the Notices of prior Consent Order Violation, Notices of Violation and Notices of Significant Noncompliance referenced in this Order. III. PARTIES BOUND 41. This Order shall apply to and be binding upon FEI and its successors and assigns and the City and shall be recorded in the Official Records of Seminole County and any other jurisdiction in which the FEI owns property. 42. No change in ownership, partnership, corporate or legal status relating to the Facility will in any way alter FEI's obligations and responsibilities under this Order. IV. REMEDIAL ACTIONS 43. In response to the alleged violations described in this Consent Order, FEI has implemented substantial improvements to the wastewater treatment facilities in operation at the Facility. A description of the improvements completed and operational at the Facility is provided in this Article IV. The City has inspected the improvements described below and finds that such improvements are under construction and partially operational at the time of the entry of this Consent Order. 44. FEI has provided the City with a copy of a signed contract for at least a one year period assigning a professional environmental consultant company of its choice to oversee all future sampling and compliance report submission to the City. FEI shall continue to appoint an employee of FEI responsible for the coordination of FEI's pretreatment program who shall be available for announced or unannounced inspections and sampling events by the City during normal working hours. FEI shall notify the City of any change in the name, mailing address, regular business telephone number, emergency hours telephone number, facsimile transmittal number, and e-mail address of the person assigned such duties within ten (10) days of the change. on 45. FEI has partially completed the upgrade of a fully functional die cleaning pretreatment system by the addition of a new enclosed sulfuric acid treatment tank, a new filter press and a supplementary separation tank on the discharge side of the filter press together with all necessary pumps, valves etc to ensure continuous compliance with all Federal discharge standards and local limits included in the Renewal Permit. FEI has reconfigured all piping with flow direction indicators and color coding. FEI has removed all redundant piping. FEI has installed a PVC sampling spigot on the line connecting the pretreatment system and the sewer lateral. This sampling spigot is located in a convenient and safe position to enable the City to collect wastewater samples directly from the flow to the sewer system. At the City inspection performed on October 5, 2006 the following items were not completed: a) The new sulfuric acid tank had one cover on top and two more need to be installed to complete the cover. b) The recirculation system is not complete. A section of pipe from the re- circulating pump to the sulfuric acid tank needs to be installed. c) The metal sampling spigot must be replaced by a PVC spigot. d) Pipes were not color coded, nor did they have directional arrows and labeling FEI shall have until December 31, 2006 to install the equipment and institute operation of the matters set forth in a) through d), above. 46. FEI has installed the sensor for a continuously recording flow measurement device into the discharge pipeline between the end of the die cleaning pretreatment system and the sampling spigot mentioned in paragraph 44 above. The flow measurement device is affixed in a secure accessible position and shall continuously read and record flow volume in gallons per minute together with total gallons discharged on a permanent circular paper chart recorder using a pen recording device. Each chart shall contain not more than one week's worth of data when it is completely filled. At the City inspection performed on October 5, 2006 the following items were not completed: a) The pH and flow controller was installed on the wall but the electrical connections were not yet finished and it was not functional. FEI shall have until December 31, 2006 to have the system fully operational. 47. FEI has installed the sensor for a continuously recording pH device capable of automatically shutting off the discharge from the die cleaning filter press supplementary separation tank to the sewer system by means of an electric or pneumatic valve if the pH of the discharge wastewater varies outside of the pH range of 5.0 to 9.0 Standard Units. Wastewater outside of the acceptable range shall be recycled back to the pretreatment system for re- 7 processing. The pH measurement device is affixed in a secure accessible position and shall continuously read and record pH in Standard Units on a permanent circular paper chart recorder using a pen recording device. Each chart shall contain not more than one week's worth of data when it is completely filled. At the City inspection performed on October 5, 2006 the following items were not completed: a) The new pH and flow chart recorder is installed on the wall but is not yet functional. FEI shall have until December 31, 2006 to have the system fully operational. 48. FEI has installed a new concrete containment area surrounding the caustic etch rinse pretreatment system and has completed the installation of fully functional tanks, valves, pumps and such other necessary upgraded pretreatment equipment to ensure continuous compliance with all Federal discharge standards and local limits included in the Renewal Permit. FEI has reconfigured all piping with flow direction indicators and color coding. FEI has removed all redundant piping. FEI has installed a PVC sampling spigot on the line connecting the caustic etch rinse pretreatment system and the sewer lateral. This sampling spigot is located in a convenient and safe position to enable the City to collect wastewater samples directly from the flow to the sewer system. At the City inspection performed on October 5, 2006 the following items were not completed: a) No processing was in progress at the time of the inspection. The City was advised that start-up problems with pumps had caused the system to shut down completely and that the reason for this was being investigated. FEI shall have until December 31, 2006 to have the system fully operational. 49. FEI has installed the sensor for a continuously recording flow measurement device into the discharge pipeline between the end of the caustic etch pretreatment system and the sampling spigot mentioned in paragraph 47 above. The flow measurement device is affixed in a secure accessible position and shall continuously read and record flow volume in gallons per minute together with total gallons discharged on a permanent circular paper chart recorder using a pen recording device. Each chart shall contain not more than one week's worth of data when it is completely filled. At the City inspection performed on October 5, 2006 the following items were not completed: a) The equipment was installed but had not been calibrated. We were advised that once the construction was completed (maybe two weeks), the manufacturers of the equipment would check the calibration of the equipment and train FEI staff in their continuous operation and maintenance. A possible November date was suggested for completion. FEI shall have until December 31, 2006 to have the system fully operational. 50. FEI has installed the sensor for a continuously recording pH device capable of automatically shutting off the discharge from the caustic etch pretreatment system to the sewer system by means of an electric or pneumatic valve if the pH of the discharge wastewater varies outside of the pH range of 5.0 to 9.0 Standard Units. Wastewater outside of the acceptable range shall be recycled back to the pretreatment system for re- processing. The pH measurement device is affixed in a secure accessible position and shall continuously read and record pH in Standard Units on a permanent circular paper chart recorder using a pen recording device. Each chart shall contain not more than one week's worth of data when it is completely filled. At the City inspection performed on October 5, 2006 the following items were not completed: a) The equipment was installed but had not been calibrated. We were advised that once the construction was completed (maybe two weeks), the manufacturers of the equipment would check the calibration of the equipment and train FEI staff in their continuous operation and maintenance. FEI shall have until December 31, 2006 to have the system fully operational. b) No written Standard Operating Procedures were developed and it was ascertained that it would take several weeks to draft Standard Operating Procedures by the professional consultant. FEI shall have until December 31, 2006 to provide Standard Operating Procedures to the City. 51. FEI has installed a new concrete containment area surrounding the acid rinse pretreatment system and has completed the installation of fully functional tanks, valves, pumps and such other necessary upgraded pretreatment equipment to ensure continuous compliance with all Federal discharge standards and local limits included in the Renewal Permit. FEI has reconfigured all piping with flow direction indicators and color coding. FEI has removed all redundant piping. FEI has installed a PVC sampling spigot on the line connecting the acid rinse pretreatment system and the sewer lateral. This sampling spigot is located in a convenient and safe position to enable the City to collect wastewater samples directly from the flow to the sewer system. At the City inspection performed on October 5, 2006 the following items were not completed: a) No processing was in progress at the time of the inspection. The City was advised that start-up problems with pumps had caused the system to shut down completely and that the reason for this was being investigated. FEI shall have until December 31, 2006 to have the system fully operational. 52. FEI has installed the sensor for a continuously recording flow measurement device into the discharge pipeline between the end of the acid rinse pretreatment system and the sampling spigot mentioned in paragraph 51 above. The flow measurement device is affixed in a secure accessible position and shall continuously read and record flow volume in gallons per E minute together with total gallons discharged on a permanent circular paper chart recorder using a pen recording device. Each chart shall contain not more than one week's worth of data when it is completely filled. At the City inspection performed on October 5, 2006 the following items were not completed: a) The equipment was installed but had not been calibrated. We were advised that once the construction was completed (maybe two weeks), the manufacturers of the equipment would check the calibration of the equipment and train FEI staff in their continuous operation and maintenance. A possible November date was suggested for completion. FEI shall have until December 31, 2006 to have the system fully operational. 53. FEI has installed the sensor for a continuously recording pH device capable of automatically shutting off the discharge from the acid rinse pretreatment system to the sewer system by means of an electric or pneumatic valve if the pH of the discharge wastewater varies outside of the pH range of 5.0 to 9.0 Standard Units. Wastewater outside of the acceptable range shall be recycled back to the pretreatment system for re- processing. The pH measurement device is affixed in a secure accessible position and shall continuously read and record pH in Standard Units on a permanent circular paper chart recorder using a pen recording device. Each chart shall contain not more than one week's worth of data when it is completely filled. At the City inspection performed on October 5, 2006 the following items were not completed: a) The equipment was installed but had not been calibrated. We were advised that once the construction was completed (maybe two weeks), the manufacturers of the equipment would check the calibration of the equipment and train FEI staff in their continuous operation and maintenance. A possible November date was suggested for completion. FEI shall have until December 31, 2006 to have the system fully operational. b) No written Standard Operating Procedures were developed and it was ascertained that it would take several weeks to draft Standard Operating Procedures by the professional consultant. FEI shall have until December 31, 2006 to provide Standard Operating Procedures to the City. 54. FEI has installed a treatment system suitable for 100% recirculation (recycling) of the wastewater from the cooling tower back into the cast house as quench water. The treatment system includes filtration, reservoir tanks, a settling tank, reconfigured piping and controls. Out flows from the recirculation system shall be recycled as the make -up water for the scrubber system. An emergency connection to the sewer system has been installed and FEI has installed a manually operated valve on this discharge pipeline which can be padlocked in the closed position by both the industry and the City. The City shall be informed by telephone and in writing at least 24 hours prior to any emergency discharge so that the locks can be removed. A PVC sampling spigot is located in a convenient and safe position on the line to enable the City to collect wastewater samples directly from the flow to the sewer system during an emergency discharge. 10 A full report concerning the reason for any emergency discharge shall be submitted to the City in accordance with the requirements in the Renewal Permit. At the City inspection performed on October 5, 2006 the following items were not completed: a) Two (2) sampling spigots were observed. One (1) must be moved. b) Color coding and labeling of the pipes was not performed. FEI shall have until December 31, 2006 to move one (1) spigot and complete color coding and labeling the pipes. 55. FEI has installed the sensor for a continuously recording flow measurement device into the emergency discharge pipeline between the end of the contact cooling tower plumbing system and the sampling spigot mentioned in paragraph 54 above. The flow measurement device is affixed in a secure accessible position and shall continuously read and record flow volume in gallons per minute together with total gallons discharged on a permanent circular paper chart recorder using a pen recording device. Each chart shall contain not more than one week's worth of data when it is completely filled. At the City inspection performed on October 5, 2006 the following items were not completed: a) Three (3) of the sensors to the flow controller must be removed. b) The chart recorder is located in a room near the furnace and the sensor line is connected but the equipment has not yet been calibrated and no paper chart was affixed. FEI shall have until December 31, 2006 to remove the three (3) sensors and have the chart recorder fully operational. 56. FEI has modified the furnace scrubber blow -down system to a "zero discharge to sewer" system and has severed all connections between this system and the sanitary sewer. The FEI further shall remove all redundant piping and dispose of any wastewater or solids from this system by transport to an approved disposal site by an approved certified hauler company. The FEI shall retain copies of manifests for City inspection for a period of not less than three (3) years. 57. FEI has submitted to the City the results of all sampling for TTO pollutants as required by 40 CFR Part 467.02(q) that were performed on wastewater discharges from the facility. The City reserves the right to collect separate samples from FEI's wastewater sampling spigots at any time discharges are occurring and to analyze these samples for as many pollutant parameters as the City considers appropriate. FEI will be billed for the costs of these sampling and analytical procedures. 11 58. On or before February 28, 2007 FEI shall submit to the City a complete set of "as built" plans and drawings of all piping modifications reflecting the changes made to all pretreatment systems and monitoring /sampling sites. On or after January 1, 2007 the City shall perform another inspection of FEI to determine that all required modifications have been completed and that all pretreatment equipment is fully functional and calibrated and that trained operators are maintaining the equipment at all times. V. PAYMENT OF CIVIL PENALTY 59. Pursuant to Section 102 -301 of the City of Sanford Code, and other controlling law, the nature of the alleged violations, and other relevant factors, including, but not limited to, the United States Environmental Protection Agency's Interim Clean Water Act Settlement Penalty Policy (March 1, 1995), information provided by FEI with respect to the absence of a hydrocarbon based lubricant in the discharge from the caustic etch line, and the treatment system facility modifications implemented by FEI at a total cost in excess of $600,000.00. The City and FEI agree that an appropriate civil penalty to settle this action is in the amount of $20,000.00. FEI shall pay the full amount of the civil penalty to City within ten (10) days of the effective date of this Consent Order. VI. ADMINISTRATIVE COSTS 60. The City has incurred administrative costs including, but not limited to, attorneys' fees and costs, in the amount of $80,000.00 in connection with this proceeding. FEI shall pay the full amount of the administrative costs to City within ten (10) days of the effective date of this Consent Order. VII. REVISED RENEWAL PERMIT 61. Upon consideration of the materials previously provided to the City by FEI, as otherwise described in paragraphs 18, 19 and 21 above, the City will issue FEI's Revised Renewal Permit on or before December 31, 2006 granting the three (3) requests outlined in paragraphs 18, 19 and 21. VIII. RESERVATION OF RIGHTS 62. The City reserves the right to take enforcement action, as otherwise provided by law, against FEI for any future violations of the City of Sanford Code or the requirements or pollutant limitations of the Revised Renewal Permit and to enforce the terms and conditions of this Order. FEI reserves the right to assert appropriate defenses in any such action. 63. This Order may be amended or modified only by written agreement executed by both City and FEI. IX. EFFECTIVE DATE 12 64. The effective date of this Order shall be the date on which it is signed by City; provided, however, that should FEI not notify the City as set forth in Order or fail to pay the City the sums set forth in this Order, the City shall proceed with enforcement actions as it deems appropriate. DATED this I P day of October, 2006 fitness vt e- e- 1tne s Sly e pt �y Copies provided to: Florida Extruders International, Inc. 2540 Jewett Lane Sanford, Florida 32771 William L. Pence Attorney for Florida Extruders International, Inc. Akerman Senterfitt 420 South. Orange Avenue, Suite 1200 Orlando, Florida 32801 Mr. Paul Moore Utility Director 300 North Park Avenue Sanford, Florida 32772 -1778 FLORIDA EXTRUDERS INTERNATIONAL, INC. By: Jo ehman, Pr ident CITY OF SANFORD, a municipality organized under the laws of the State of Florida By: Robert (Sherman ehl, City Manager Attest. 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NATURE OF THE ACTION 1. The City of Sanford, Florida ( "City "), negotiated a prior Consent Order with Florida Extruders International, Inc. ( "FEI "), on July 26, 2005 pursuant to Sections 102 -313 of the City of Sanford Code. FEI is a Florida corporation, with its principle place of business at 2540 Jewett Lane, Sanford, Florida ( "Facility "). 2. The prior Consent Order contained remedial actions in paragraphs 20 to 25 that were required to be performed by the FEI within a period of ninety (90) days from the effective date of this Consent Order. 3. City and FEI agreed to the execution of the prior Consent Order and FEI agreed to comply with the terms and conditions of the prior Consent Order. 4. The City sent a letter dated August 29, 2005 informing the FEI that the compliance report received for the sampling in May 2005 was incomplete and contained many errors. A completed and corrected report was required to be resubmitted by the FEI within 30 days from the date of receipt of the letter. The signed return receipt indicated the letter was received by the FEI on September 1, 2005 and thus the new due date for resubmittal of the May report was October 1, 2005. 5. On October 5, 2005, the City inspected the FEI facility and determined that none of the remedial actions, including written pH recording, contained in the prior Consent Order had been completed to date. 6. The City sent a letter dated October 13, 2005 to the FEI containing two (2) Notices of Significant Noncompliance for failing to timely submit complete compliance reports for May and July 2005. In addition, three (3) Notices of prior Consent Order Violation were included for FEI's failure to maintain written pH records as noted by an inspection of FEI performed by the City on October 5, 2005. 7. On October 25, 2005 the City inspected FEI's facility to ascertain if all remedial actions contained in the prior Consent Order had been completed as required by the terms of the Order. 8. The City sent a letter dated November 2, 2005 to FEI containing three (3) Notices of prior Consent Order Violation, outlining the violations and including an Order to Show Cause Hearing to be held on November 16, 2005. A signed return receipt indicates this letter was received by FEI on November 7, 2005. 9. On November 30, 2005 the City Manager issued an order granting the FEI a delay in the proceedings and ordering a new hearing date on December 13, 2005. This Order was hand delivered to and signed for by FEI on December 2, 2005. 10. The hearing set for December 13, 2005 was not completed and it was agreed that the City and the FEI would meet at FEI's facility on December 20, 2005. 11. On December 20, 2005 a meeting took place between the City and FEI at the industry's facility. Within the following several days, FEI produced production figures and wastewater discharge data to enable the City to determine if the analytical results of sampling performed throughout 2005 was in compliance with pollutant limits contained in Wastewater Discharge Permit No. 0018. 12. Having first calculated all current 2005 wastewater discharge data using the production figures obtained from FEI in December 2005, the City sent a letter dated January 17, 2006 to FEI containing fifteen (15) Notices of Violation and twelve (12) Notices of Significant Noncompliance concerning apparent violations of the pollutant limits for Zinc, Oil & Grease and Chromium on various occasions and at various sampling locations during 2005. A further Notice of Significant Noncompliance was also attached to this letter for FEI's failure to submit a compliance report for the sampling in September 2005, thirty (30) days after the due date of October 30, 2005. The report was finally received by the City on December 12, 2005. 13. The City sent a letter to the FEI dated February 10, 2006 containing two (2) Notices of Violation and four (4) Notices of Significant Noncompliance concerning apparent violations of the pollutant limits for Oil & Grease on the November 2005 compliance report. A further Notice of Significant Noncompliance was also attached to this letter for FEI's failure to submit a compliance report for the sampling in November 2005, thirty (30) days after the due date of December 30, 2005. Required production figures to complete the report were finally received by the City on February 7, 2006. 14. Following receipt of the Notices of Violation alleging Oil & Grease violations in connection with wastewater discharges from FEI's caustic etch line, FEI initiated an investigation of the wastewater from the caustic etch line to determine whether a hydrocarbon based lubricant (oil/grease) was, in fact, present in the discharge from the caustic etch line. In connection with this investigation, laboratory samples were analyzed by IMR Test Labs and Chemir Analystical Services. In addition, FEI collected samples of its waste stream from all discharge points in March 2006 and submitted the samples to PC &B Environmental Laboratories, Inc. for analysis 2 for total toxic organics ( "TTO ") by EPA Methods 624/8260. The results of this investigation established that a hydrocarbon based lubricant (oil /grease) was not present in the wastewater generated at the caustic etch line. FEI uses a Bulk Sol 16 solution at the caustic etch line that includes a chemical series of glycol ether compounds. FEI asserts that the constituents soluble in this organic liquid are falsely identified as oil and grease compounds when analyzed for oil and grease by EPA Method 1664, as currently required by FEI's Wastewater Discharge Permit ( #0018). 15. The City sent a letter to the FEI on April 1, 2006 containing four (4) Notices of Violation concerning apparent violations of Oil & Grease in the caustic etch and die cleaning wastewater discharges sampled by the permittee on January 31, 2006. A fifth Notice of Violation (NOV 024) concerning the amount of zinc in the furnace scrubber wastewater issued with this letter has been withdrawn as the permittee has since certified that no discharge to the sewer occurred from this point since January 2006. 16. The City sent a letter to the FEI on May 9, 2006 containing two (2) Notices of Violation concerning apparent violations of Oil & Grease in the caustic etch wastewater discharge sampled by the permittee on March 30, 2006. Six (6) additional Notices of Violation (NOVs 025, 026, 027, 028, 029 and 030) concerning the amount of zinc, copper and lead in the furnace scrubber wastewater issued with this letter have been withdrawn as the permittee has since certified that no discharge to the sewer occurred from this point since March 2006. In addition four (4) Notices of Significant Noncompliance were issued concerning apparent violations of Oil & Grease in the caustic etch wastewater discharge sampled by the permittee on March 30, 2006. Seven (7) additional Notices of Significant Noncompliance (SNCs 028, 029, 030, 031, 032, 033 and 034) concerning the amount of zinc, copper and lead in the furnace scrubber wastewater issued with this letter have been withdrawn as the permittee has since certified that no discharge to the sewer occurred from this point since March 2006. 17. On July 19, 2006, the City calculated a total penalty amount for pollutant violations described in paragraphs 6, 8, 12, 13, 15 and 16 above up to July 26, 2006 to be $863,950.00. A spreadsheet, itemizing these individual penalties is attached and becomes part of this Order. FEI contends that the City's method of calculating penalties for the alleged failure to timely file compliance reports described in the attached spreadsheet is contrary to applicable federal, state and local guidance, that the proposed penalties for alleged violations occurring at the cooling tower discharge point are without merit since there was no discharge from the cooling tower on the dates of the alleged violations, and further that the calculated penalties for the alleged Oil & Grease violations are without merit given the presentation of evidence by FEI, as described more fully below, that the alleged Oil & Grease violations for the caustic etch line did not occur. 18. On July 19, 2006, FEI submitted to the City the results of FEI's investigation of the Bulk Sol 16 solution described in paragraph 14 above. FEI asserts that the July 19, 2006 transmittal confirmed that the Bulk Sol 16 solution was not a petroleum -based formulation. FEI submitted a request to the City on August 24, 2006 for a modification to the Industrial Wastewater Discharge Permit ( #0018) to include monitoring for TTO in lieu of oil and grease by EPA Method 1664 at monitoring Points B and C. 3 19. On August 29, 2006 FEI submitted to the City a request for further modification of its Industrial Wastewater Discharge Permit ( #0018) concerning the monitoring requirements for specific designated discharge locations at the plant. See Section VII. 20. FEI has made significant improvements to the pretreatment facilities for the various production units at the Facility. Details of the improvements made are described more fully in Article IV below. The total costs of the improvements made by FEI to its pretreatment facilities exceed $600,000.00. A breakdown of such costs to date is attached to this Consent Order. 21. On August 31, 2006 FEI submitted to the City a request that the compliance schedule for submittal of the Standard Operating Procedures Manual for the new pretreatment facilities recently installed at the Facility be incorporated in a modification of FEI's Industrial Wastewater Discharge Permit ( #0018). 22. City and FEI have conferred for the purpose of settlement in response to the alleged violations described in paragraphs 6, 8, 12, 13, 15 and 16 above up to July 26, 2006, and desire to settle this action. Accordingly, before any testimony has been taken upon the pleadings and without any admission of violation or adjudication of any issue of fact or law, City and FEI have agreed to the execution of this Consent Order and FEI hereby agrees to comply with the terms and conditions of this Consent Order. II. PRELIMINARY STATEMENTS 23. FEI has been served with six (6) Notices of prior Consent Order Violation, dated October 19, 2005 and November 4, 2005, twenty three (23) Notices of Violation dated January 25, 2006, February 10, 2006, April 1, 2006 and May 9, 2006, twenty four (24) Notices of Significant Noncompliance, dated October 19, 2005, January 25, 2006, February 10, 2006 and May 9, 2006. 24. FEI is an "Industrial user" as defined in Section 102 -252, City of Sanford Code. 25. FEI is the owner and operator of an aluminum extrusion manufacturing facility located at 2540 Jewett Lane, Sanford, Florida ( "Facility "). The Facility is identified as a Class One Categorical Industrial User under Section 102 -396, City of Sanford Code. 26. On April 17, 2005, City issued to FEI Industrial Wastewater Discharge Permit No. 0018, Effective April 1, 2005, to expire March 31, 2008 ( "Renewal Permit "). The Renewal Permit authorizes FEI to discharge industrial wastewater generated at the Facility into the City's sewer system, subject to the specific terms and conditions of the Renewal Permit. 27. On July 26, 2005, City and FEI signed a prior Consent Order requiring FEI to perform various remedial activities within a time period of ninety (90) days. 4 28. The City issued to FEI three (3) Notices of prior Consent Order Violation dated October 19, 2005, alleging that FEI failed to comply with requirements for written pH records to be kept at each discharge site. 29. The City issued to FEI a Notice of Significant Noncompliance dated October 19, 2005, alleging that FEI failed to timely submit a complete compliance report for May, 2005 required by the Permit within thirty (30) days after the due date of June 30, 2005. 30. The City issued to FEI a Notice of Significant Noncompliance dated October 19, 2005, alleging that FEI failed to timely submit a complete compliance report for July, 2005 required by the Permit within thirty (30) days after the due date of August 30, 2005. 31. The City issued to FEI three (3) Notices of prior Consent Order Violation dated November 4, 2005, alleging that FEI failed to install equipment, and submit an emergency response plan within the time period required by the prior Consent Order. 32. The City issued to FEI fifteen (15) Notices of Violation dated January 17, 2006, alleging that FEI exceeded daily maximum and monthly average pollutant limitations for wastewater discharge required by the Permit for Zinc, Oil & Grease and Chromium at various sampling locations between May and September 2005. 33. The City issued to FEI twelve (12) Notices of Significant Noncompliance dated January 17, 2006, alleging that FEI exceeded daily maximum and monthly average pollutant limitations for wastewater discharge required by the Permit for Zinc, Oil & Grease and Chromium at various sampling locations between May and September 2005. 34. The City issued to FEI a Notice of Significant Noncompliance dated January 17, 2006, alleging that FEI failed to timely submit a complete compliance report for September, 2005 required by the Permit within thirty (30) days after the due date of October 30, 2005. 35. The City issued to FEI two (2) Notices of Violation dated February 10, 2006 and four (4) Notices of Significant Noncompliance dated February 10, 2006, alleging that FEI exceeded daily maximum and monthly average pollutant limitations for wastewater discharge required by the Permit for Oil & Grease in November 2005. 36. The City issued to FEI four (4) Notices of Violation dated April 1, 2006, alleging that FEI exceeded daily maximum and monthly average pollutant limitations for wastewater discharge required by the Permit for Oil & Grease at the caustic etch and die cleaning sample points in January 2006. 37. The City issued to FEI two (2) Notices of Violation dated May 9, 2006 alleging that FEI exceeded daily maximum and monthly average pollutant limitations for wastewater discharge required by the Permit for Oil & Grease at the caustic etch sampling point in March 2006. In addition four (4) Notices of Significant Noncompliance dated May 9, 2006 were issued concerning apparent violations of Oil & Grease in the caustic etch wastewater discharge sampled by the permittee on March 30, 2006. �1 38. The FEI shall pay the civil penalty and administrative costs as set forth in this Order. 39. The FEI certifies that, as of the date of its execution of this Order, it is in material compliance with applicable provisions of Article IX, Chapter 102, City of Sanford Code and the Renewal Permit. Reports required to be submitted by FEI to City under the Revised Renewal Permit described in Article VII below shall be submitted by the deadlines set forth in the Renewal Permit, via overnight mail with return receipt requested or certified mail return receipt requested. 40. The adjudication of this matter as set forth herein is in the public interest and this Order is consistent with the applicable requirements of the City of Sanford Code and Florida and Federal law. Compliance with the terms and conditions of this Order resolves all violations of Chapter 102 of the City of Sanford Code and applicable provisions of the Permit alleged in the Notices of prior Consent Order Violation, Notices of Violation and Notices of Significant Noncompliance referenced in this Order. III. PARTIES BOUND 41. This Order shall apply to and be binding upon FEI and its successors and assigns and the City and shall be recorded in the Official Records of Seminole County and any other jurisdiction in which the FEI owns property. 42. No change in ownership, partnership, corporate or legal status relating to the Facility will in any way alter FEI's obligations and responsibilities under this Order. IV. REMEDIAL ACTIONS 43. In response to the alleged violations described in this Consent Order, FEI has implemented substantial improvements to the wastewater treatment facilities in operation at the Facility. A description of the improvements completed and operational at the Facility is provided in this Article IV. The City has inspected the improvements described below and finds that such improvements are under construction and partially operational at the time of the entry of this Consent Order. 44. FEI has provided the City with a copy of a signed contract for at least a one year period assigning a professional environmental consultant company of its choice to oversee all future sampling and compliance report submission to the City. FEI shall continue to appoint an employee of FEI responsible for the coordination of FEI's pretreatment program who shall be available for announced or unannounced inspections and sampling events by the City during normal working hours. FEI shall notify the City of any change in the name, mailing address, regular business telephone number, emergency hours telephone number, facsimile transmittal number, and e-mail address of the person assigned such duties within ten (10) days of the change. :9 45. FEI has partially completed the upgrade of a fully functional die cleaning pretreatment system by the addition of a new enclosed sulfuric acid treatment tank, a new filter press and a supplementary separation tank on the discharge side of the filter press together with all necessary pumps, valves etc to ensure continuous compliance with all Federal discharge standards and local limits included in the Renewal Permit. FEI has reconfigured all piping with flow direction indicators and color coding. FEI has removed all redundant piping. FEI has installed a PVC sampling spigot on the line connecting the pretreatment system and the sewer lateral. This sampling spigot is located in a convenient and safe position to enable the City to collect wastewater samples directly from the flow to the sewer system. At the City inspection performed on October 5, 2006 the following items were not completed: a) The new sulfuric acid tank had one cover on top and two more need to be installed to complete the cover. b) The recirculation system is not complete. A section of pipe from the re- circulating pump to the sulfuric acid tank needs to be installed. C) The metal sampling spigot must be replaced by a PVC spigot. d) Pipes were not color coded, nor did they have directional arrows and labeling FEI shall have until December 31, 2006 to install the equipment and institute operation of the matters set forth in a) through d), above. 46. FEI has installed the sensor for a continuously recording flow measurement device into the discharge pipeline between the end of the die cleaning pretreatment system and the sampling spigot mentioned in paragraph 44 above. The flow measurement device is affixed in a secure accessible position and shall continuously read and record flow volume in gallons per minute together with total gallons discharged on a permanent circular paper chart recorder using a pen recording device. Each chart shall contain not more than one week's worth of data when it is completely filled. At the City inspection performed on October 5, 2006 the following items were not completed: a) The pH and flow controller was installed on the wall but the electrical connections were not yet finished and it was not functional. FEI shall have until December 31, 2006 to have the system fully operational. 47. FEI has installed the sensor for a continuously recording pH device capable of automatically shutting off the discharge from the die cleaning filter press supplementary separation tank to the sewer system by means of an electric or pneumatic valve if the pH of the discharge wastewater varies outside of the pH range of 5.0 to 9.0 Standard Units. Wastewater outside of the acceptable range shall be recycled back to the pretreatment system for re- 7 processing. The pH measurement device is affixed in a secure accessible position and shall continuously read and record pH in Standard Units on a permanent circular paper chart recorder using a pen recording device. Each chart shall contain not more than one week's worth of data when it is completely filled. At the City inspection performed on October 5, 2006 the following items were not completed: a) The new pH and flow chart recorder is installed on the wall but is not yet functional. FEI shall have until December 31, 2006 to have the system fully operational. 48. FEI has installed a new concrete containment area surrounding the caustic etch rinse pretreatment system and has completed the installation of fully functional tanks, valves, pumps and such other necessary upgraded pretreatment equipment to ensure continuous compliance with all Federal discharge standards and local limits included in the Renewal Permit. FEI has reconfigured all piping with flow direction indicators and color coding. FEI has removed all redundant piping. FEI has installed a PVC sampling spigot on the line connecting the caustic etch rinse pretreatment system and the sewer lateral. This sampling spigot is located in a convenient and safe position to enable the City to collect wastewater samples directly from the flow to the sewer system. At the City inspection performed on October 5, 2006 the following items were not completed: a) No processing was in progress at the time of the inspection. The City was advised that start-up problems with pumps had caused the system to shut down completely and that the reason for this was being investigated. FEI shall have until December 31, 2006 to have the system fully operational. 49. FEI has installed the sensor for a continuously recording flow measurement device into the discharge pipeline between the end of the caustic etch pretreatment system and the sampling spigot mentioned in paragraph 47 above. The flow measurement device is affixed in a secure accessible position and shall continuously read and record flow volume in gallons per minute together with total gallons discharged on a permanent circular paper chart recorder using a pen recording device. Each chart shall contain not more than one week's worth of data when it is completely filled. At the City inspection performed on October 5, 2006 the following items were not completed: a) The equipment was installed but had not been calibrated. We were advised that once the construction was completed (maybe two weeks), the manufacturers of the equipment would check the calibration of the equipment and train FEI staff in their continuous operation and maintenance. A possible November date was suggested for completion. 8 FEI shall have until December 31, 2006 to have the system fully operational. 50. FEI has installed the sensor for a continuously recording pH device capable of automatically shutting off the discharge from the caustic etch pretreatment system to the sewer system by means of an electric or pneumatic valve if the pH of the discharge wastewater varies outside of the pH range of 5.0 to 9.0 Standard Units. Wastewater outside of the acceptable range shall be recycled back to the pretreatment system for re- processing. The pH measurement device is affixed in a secure accessible position and shall continuously read and record pH in Standard Units on a permanent circular paper chart recorder using a pen recording device. Each chart shall contain not more than one week's worth of data when it is completely filled. At the City inspection performed on October 5, 2006 the following items were not completed: a) The equipment was installed but had not been calibrated. We were advised that once the construction was completed (maybe two weeks), the manufacturers of the equipment would check the calibration of the equipment and train FEI staff in their continuous operation and maintenance. FEI shall have until December 31, 2006 to have the system fully operational. b) No written Standard Operating Procedures were developed and it was ascertained that it would take several weeks to draft Standard Operating Procedures by the professional consultant. FEI shall have until December 31, 2006 to provide Standard Operating Procedures to the City. 51. FEI has installed a new concrete containment area surrounding the acid rinse pretreatment system and has completed the installation of fully functional tanks, valves, pumps and such other necessary upgraded pretreatment equipment to ensure continuous compliance with all Federal discharge standards and local limits included in the Renewal Permit. FEI has reconfigured all piping with flow direction indicators and color coding. FEI has removed all redundant piping. FEI has installed a PVC sampling spigot on the line connecting the acid rinse pretreatment system and the sewer lateral. This sampling spigot is located in a convenient and safe position to enable the City to collect wastewater samples directly from the flow to the sewer system. At the City inspection performed on October 5, 2006 the following items were not completed: a) No processing was in progress at the time of the inspection. The City was advised that start-up problems with pumps had caused the system to shut down completely and that the reason for this was being investigated. FEI shall have until December 31, 2006 to have the system fully operational. 52. FEI has installed the sensor for a continuously recording flow measurement device into the discharge pipeline between the end of the acid rinse pretreatment system and the sampling spigot mentioned in paragraph 51 above. The flow measurement device is affixed in a secure accessible position and shall continuously read and record flow volume in gallons per M minute together with total gallons discharged on a permanent circular paper chart recorder using a pen recording device. Each chart shall contain not more than one week's worth of data when it is completely filled. At the City inspection performed on October 5, 2006 the following items were not completed: a) The equipment was installed but had not been calibrated. We were advised that once the construction was completed (maybe two weeks), the manufacturers of the equipment would check the calibration of the equipment and train FEI staff in their continuous operation and maintenance. A possible November date was suggested for completion. FEI shall have until December 31, 2006 to have the system fully operational. 53. FEI has installed the sensor for a continuously recording pH device capable of automatically shutting off the discharge from the acid rinse pretreatment system to the sewer system by means of an electric or pneumatic valve if the pH of the discharge wastewater varies outside of the pH range of 5.0 to 9.0 Standard Units. Wastewater outside of the acceptable range shall be recycled back to the pretreatment system for re- processing. The pH measurement device is affixed in a secure accessible position and shall continuously read and record pH in Standard Units on a permanent circular paper chart recorder using a pen recording device. Each chart shall contain not more than one week's worth of data when it is completely filled. At the City inspection performed on October 5, 2006 the following items were not completed: a) The equipment was installed but had not been calibrated. We were advised that once the construction was completed (maybe two weeks), the manufacturers of the equipment would check the calibration of the equipment and train FEI staff in their continuous operation and maintenance. A possible November date was suggested for completion. FEI shall have until December 31, 2006 to have the system fully operational. b) No written Standard Operating Procedures were developed and it was ascertained that it would take several weeks to draft Standard Operating Procedures by the professional consultant. FEI shall have until December 31, 2006 to provide Standard Operating Procedures to the City. 54. FEI has installed a treatment system suitable for 100% recirculation (recycling) of the wastewater from the cooling tower back into the cast house as quench water. The treatment system includes filtration, reservoir tanks, a settling tank, reconfigured piping and controls. Out flows from the recirculation system shall be recycled as the make -up water for the scrubber system. An emergency connection to the sewer system has been installed and FEI has installed a manually operated valve on this discharge pipeline which can be padlocked in the closed position by both the industry and the City. The City shall be informed by telephone and in writing at least 24 hours prior to any emergency discharge so that the locks can be removed. A PVC sampling spigot is located in a convenient and safe position on the line to enable the City to collect wastewater samples directly from the flow to the sewer system during an emergency discharge. 10 A full report concerning the reason for any emergency discharge shall be submitted to the City in accordance with the requirements in the Renewal Permit. At the City inspection performed on October 5, 2006 the following items were not completed: a) Two (2) sampling spigots were observed. One (1) must be moved. b) Color coding and labeling of the pipes was not performed. FEI shall have until December 31, 2006 to move one (1) spigot and complete color coding and labeling the pipes. 55. FEI has installed the sensor for a continuously recording flow measurement device into the emergency discharge pipeline between the end of the contact cooling tower plumbing system and the sampling spigot mentioned in paragraph 54 above. The flow measurement device is affixed in a secure accessible position and shall continuously read and record flow volume in gallons per minute together with total gallons discharged on a permanent circular paper chart recorder using a pen recording device. Each chart shall contain not more than one week's worth of data when it is completely filled. At the City inspection performed on October 5, 2006 the following items were not completed: a) Three (3) of the sensors to the flow controller must be removed. b) The chart recorder is located in a room near the furnace and the sensor line is connected but the equipment has not yet been calibrated and no paper chart was affixed. FEI shall have until December 31, 2006 to remove the three (3) sensors and have the chart recorder fully operational. 56. FEI has modified the furnace scrubber blow -down system to a "zero discharge to sewer" system and has severed all connections between this system and the sanitary sewer. The FEI further shall remove all redundant piping and dispose of any wastewater or solids from this system by transport to an approved disposal site by an approved certified hauler company. The FEI shall retain copies of manifests for City inspection for a period of not less than three (3) years. 57. FEI has submitted to the City the results of all sampling for TTO pollutants as required by 40 CFR Part 467.02(q) that were performed on wastewater discharges from the facility. The City reserves the right to collect separate samples from FEI's wastewater sampling spigots at any time discharges are occurring and to analyze these samples for as many pollutant parameters as the City considers appropriate. FEI will be billed for the costs of these sampling and analytical procedures. 11 58. On or before February 28, 2007 FEI shall submit to the City a complete set of "as built" plans and drawings of all piping modifications reflecting the changes made to all pretreatment systems and monitoring /sampling sites. On or after January 1, 2007 the City shall perform another inspection of FEI to determine that all required modifications have been completed and that all pretreatment equipment is fully functional and calibrated and that trained operators are maintaining the equipment at all times. V. PAYMENT OF CIVIL PENALTY 59. Pursuant to Section 102 -301 of the City of Sanford Code, and other controlling law, the nature of the alleged violations, and other relevant factors, including, but not limited to, the United States Environmental Protection Agency's Interim Clean Water Act Settlement Penalty Policy (March 1, 1995), information provided by FEI with respect to the absence of a hydrocarbon based lubricant in the discharge from the caustic etch line, and the treatment system facility modifications implemented by FEI at a total cost in excess of $600,000.00. The City and FEI agree that an appropriate civil penalty to settle this action is in the amount of $20,000.00. FEI shall pay the full amount of the civil penalty to City within ten (10) days of the effective date of this Consent Order. VI. ADMINISTRATIVE COSTS 60. The City has incurred administrative costs including, but not limited to, attorneys' fees and costs, in the amount of $80,000.00 in connection with this proceeding. FEI shall pay the full amount of the administrative costs to City within ten (10) days of the effective date of this Consent Order. VII. REVISED RENEWAL PERMIT 61. Upon consideration of the materials previously provided to the City by FEI, as otherwise described in paragraphs 18, 19 and 21 above, the City will issue FEI's Revised Renewal Permit on or before December 31, 2006 granting the three (3) requests outlined in paragraphs 18, 19 and 21. VIII. RESERVATION OF RIGHTS 62. The City reserves the right to take enforcement action, as otherwise provided by law, against FEI for any future violations of the City of Sanford Code or the requirements or pollutant limitations of the Revised Renewal Permit and to enforce the terms and conditions of this Order. FEI reserves the right to assert appropriate defenses in any such action. 63. This Order may be amended or modified only by written agreement executed by both City and FEI. IX. EFFECTIVE DATE Im 64. The effective date of this Order shall be the date on which it is signed by City; _ provided, however, that should FEI not notify the City as set forth in Order or fail to pay the City the sums set forth in this Order, the City shall proceed with enforcement actions as it deems appropriate. DATED this I V day of October, 2006 FLORIDA EXTRUDERS INTERNATIONAL, INC. Y Witness ;Joe . Lehman, P Wit ess CITY OF SANFORD, a municipality organized under the laws of the State of Florida Copies provided to: Florida Extruders International, Inc. 2540 Jewett Lane Sanford, Florida 32771 By: Robert (Sherman) V City Manager Attest: ', K , Q! Janet D ugherty, City Clerk #) 6;� William L. Pence Attorney for Florida Extruders International, Inc. Akerman Senterfitt 420 South. Orange Avenue, Suite 1200 Orlando, Florida 32801 Mr. Paul Moore Utility Director 300 North Park Avenue Sanford, Florida 32772 -1778 13 G 0 m O m v O C m N C O U 0 m U O Z on y ° o N °° 0 0 o 0 0 °° 0 0 ° 0 0 0 0 0 0 0 0 O p O O 10 to t0 p 0 °v 0 0 0o C) o 0 O p 0 0 0 to p 'p � O N b N o O U) N 0 n 0 N to t ° O 0 p 0 0 7 � 0 0 0 �� 0 O N M to O C % O to �� to 6960 M CO N t9 to Cl) � to N t9 N to Vl 69� N fA� H�69 tH fA t9 fA� l4 C d CL Z �p 0 0 0 o 0 p 0 0 0 0 0° 0 0 0 0 0 p 0 0 0 o 0 p o 0 0 to If) tO o to o p p o 0 0 0 O o 0 0 0 0 0 tO tO 0 0 0 o W O If) N N O O N N U) h C> N N O N N N N N N N N N N N N N N N N N a O to E9 N! y fA to d9 H 6s to 69 tH 69 tH to to Ef) fH E9 EA tH Q N lZo" 0 - O N 1- _. 3 3 V C O tO O) O O 01 O m O O O O O) O N q N N O N 0) cm rn O O 'd 0) N m 'd O w O m C p r r r r r r M r � r O O L h t0 O N r th O n A r t0 O 0 t0 N r W O� tD t , i j Of t0 l�f Cl /� W M 'It O t N J J J J S to N 2 2 O V J N tp M O to t7 U) r M " r EO l+f t0 Q') CO a a a 0 0 O O O N O P r h to r to n r on P r r O r r Z Z Z Q N c m o >, _= N E a> E m E C, c - c m - m - m c c c - m - m - m c c c _ - m c m m «L c c - - - - - m c m m m m y y y m m > 0000 0 00 000 000 00 0 0 O D O O D O C I O D O C 0 00 E O �v C J m 'a C c L L U L L L L L L L L L L N N N N N N L a �wwww «c. U o „�, v U o o U o v g cv mF HHf 1 I -QQQQ m c a) CX. m U dl N y N W W W g M tl) W 4) N 4) y (� U C C C C C C Z Z Z Z V q -O E m m m m m m m m m m m 2 m o g 0 '0 0 0 0 V 6 0 0 0 U U U U U U U U U O 0 000000 O U V C N N m 0 N W N to N (A N W N U) m N m to N M N M m 0 m m 0 N N W w w N m m m N N m N h m 0 0 0 0 1� m N t7 = O C m �j 0 U m m m N m N m N m N m N m m m m m N m N m N m m 4) N N N N N y 4) m 0 ._ ._ ir ce ix to 0 0 2 t tn p� >> a ^ iasasasaSasasaSaSaSasaSotiot3asotfasaSaSU� O 0 �°.: OO X000 v 001000000 00600000 0 g� Z Z Z Z .+ c w N L O c� o O d E IL p Cl) N N N N N N N N N C G Q X a O m E � m C m O a `m CO t t00 Cl) 0 t G M `_ m a 16- E a+ X C w R O O o c c t0 o°°°°° t0 to t0 tot0t 0t o 0Ot0t0t0 0 0 0 a9 t0t0t0to to '0 tOtotOto 0 tO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 b v O y m N OL 1 7 N O c M m > O tp � m5tam5to� N 05 "7 0 tv 0 0 W N N tp � ca ?cnZ�tnZ �� 2 ���''��cA2 ZZZ0a0 D 7 o MppN ao N 6N t�N O w NNNOON� p U Q ° N N M N N M M p N M O N M M N N° N N N N N r M C C L t0 p t0 p t0 0 t0 0 t0 0 to 0 t0 0 t0 0 CO 0 t0 0 t0 0 t0 0 to 0 CO m to to p O 0 0 O 0 p 0 to O b p LO 0 C. c. 0 0 Q 0 0 LO 0 Q'0 4 ) 3 3 m ov)z O j N )2Z O N m �������� m m m m m lQ m N t9 m ��nt?(90Q N N N U Z) Q D000 o © <Y O) t'7 'Q m M M M to om 0 to m m O O to r Cl) LO U) m N N N N N N N C) M O M M O M M O N O N N N m Cl) D G 0 m O m v O C m N C O U 0 m U O Z CITY OF SANFORD, FLORIDA� - IN THE MATTER OF: PROCEEDING UNDER Florida Extruders International, Inc. ) ARTICLE V, CHAPTER 28 2540 Jewett Lane ) CITY OF SANFORD CODE Sanford, Florida 32771 ) Wastewater Discharge Permit No. 0018 Respondent. ) Wastewater Discharge Permit No. 0018 HEARING MINUTES The hearing was called to order by Robert P. Yehl, City Manager of the City of Sanford, Florida, at 2:10 PM on October 11, 2006, pursuant to Notice of Continuance of Hearing (October 11, 2006). The below listed individuals were present. City of Sanford: Robert P. Yehl, City Manager Alma Echevarria, Pretreatment Coordinator Migdalia Hernandez, Utility Engineer Charles Turner, Operations Coordinator Kenneth W. McIntosh, Assistant City Attorney Respondent: Joel G. Lehman, President, FEI Stephen A. Little, Operator, FEI William L. Pence, Esq., Attorney for the Respondent The City advanced to the hearing officer that the parties, their consultants and staff have been finalizing their respective positions and have prepared for consideration and entry by the parties an agreed upon Consent Order. The City acknowledged that the Consent Order was ready for execution and entry. The Respondent likewise acknowledged that the Consent Order was ready for execution and entry. Required attachments to the Order and copies were provided by Migdalia Herhandez, Utility Engineer, to the hearing officer. Attachments were perfected. A Attorney Kenneth W. McIntosh inquired as to the content of the October 11, 2006 letter from the City with reference to reports form the Respondent. Discussion was conducted. Attorney Pence indicated that he would respond to Item 1 of the letter and that Items 2 -5 would be produced within seven days from the entry of the Order. Pence later would respond to each inquiry from the City. The Petitioner and Respondent executed the Consent Order and evidenced that they intended to be bound by the Order. The hearing officer accepted the tender of the Consent Order as executed by the parties in accordance with the applicable requirements of controlling Code and Statutory requirements. Executed copies of the Consent Order with attachment were distributed to the following: Respondent Respondent Counsel City Manager City Counsel City Staff City Clerk, for recordation amongst the Public Records of Seminole County, Florida, pursuant to the requirements of Paragraph III of the Consent Order. The hearing officer called for additional input, argument and/or documents from the parties and their representative. No additional matters were advanced. The hearing was closed at 2:31 PM. Respectfully submitted, Debra C. Simmons Clerk Pro Tern /vl W06 Date