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230-Florida Department of Environmental Regulation, Temp. Operating Permit -r;o./ , ! ;:'/J~ STATE OF FLORIDA - 0IA/" <1... f DEPARTMENT OF ENVIRONMENTAL REGULATION ST. JOHNS RIVER DISTRICT 3319 MAGUIRE BOULEVARD SUITE 232 ORLANDO, FLORIDA 32803-3767 ~ l~. ~ i~; "":~ Of F\cjII.~ BOB GRAHAM GOVERNOR VICTORIA J. TSCHINKEL SECRETARY ALEX ALEXANDER DISTRICT MANAGER Frank A. Fairon, City Manager City of Sanford Post Office Box 1778 Sanford, Florida 32771 Dear Mr. Fairon: Saninole Camty m City of Sanford WWI'P Attached is pe:rmit NLDTber DT59-92374A. Smuld you object to the issu:mce of this pe:rmit or the specific conditions of the pe:rmit, yoo have a right to petition for a hearin:J plrsuant to the prOllisions of Section 120.57, Florida statutes. '!he petition must be filed within fourteen (14) days fran receipt of this letter, dated . '!he fEtition must canply with the r~uiranents of Section 1 Ie 28-5.201, Florida Mministrative Code, (copies attached) arrl be filed p.lrsuant to Rule 17-103. 155 ( 1) in the Office of General Counsel of the Department of Envirornlental Regulation at 2600 Blair Stone Rocrl, Tallahassee, Florida 32301. Petitions 'ttlich are oot filed in accordance wi th the above provisions are subject to dismissal by the Department. In the event a formal hearin:J is oorrlucted p.lrsuant to Section 120.57 (1), all p:lrties shall have an opportunity to resporrl, to present evidence an:] argument on all issues involved, to oonduct cross-examination of witnesses an:] subnit rebuttal eI1idence, to sul:Jnit proposErl fimings of facts arrl orders, to file exceptions to arrj order or hearirY3 off icer' s recanrnerrled order, an:] to be representErl by counsel. If an info:rmal hearirg is requested, the agency, in accordance with its rules of procedure, will prOllide affected fErsons or p:irties or their ca.msel an opportunity, at a convenient tine an:] place, to present to the agency or hearirY3 officer, written or oral eI1idence in q::>p:>sition to the aJency's action or refusal to act, or a written statement challen:Jirg the grouOOs up:>l1 whidl the agency has coosen to justify its action or inaction, pursuant to Section 120.57 (2), Florida Statutes. ~'-~ 'AA:p1w ErY3ineer: B. C. Conklin, P. E. cc: Dept. of Envirornlental Services of Seminole County NPDES Section-DER-Tallahassee ~ APPLICANr WILL PRO\TIDE P~T ())PIES 'ID HIS FN;INEER OR omERS AS RWJIRED. lYJ'if ~ I~ l:,1J; Protecting Florida and Your Quality of Life RULES OF THE ADMINISTRATIVE COMMISSION MODEL RULES OF PROCEDURE RULE 28-5.201 DECISIONS DETERMINING SUBSTANTIAL INTERESTS PART II FORMAL PROCEEDINGS 28-5.201 Initiation of Formal Proceedings. (1) Initiation of formal proceedings shall be made by petition to the agency responsible for rendering final agency action. The term petition as used herein includes any application or other document which expresses a request for formal proceedings. Each petition should be printed, typewritten or otherwise duplicated in legible form on white paper of standard legal size. Unless printed, the impression shall be double-spaced and indented. (2) All petitions filed under these rules should contain: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name and address of the petitioner or petitioners, and an explanation of how his/her substantial interests will be affected by the agency determination; (c) A statement of when and how petitioner received notice of the agency decision or intent to render a decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; (f) A demand for relief to which the petitioner deems himself entitled, and (g) Other information which the petitioner contends is ma ter ial. **************************** A petition may be denied if the petitioner does not state adequately a material factual allegation, such as a substantial interest in the agency determination, or if the petition is untimely. (Rule 28-5.201(3)(a), Florida Administrative Code) Sectian 17-10).155(1), Florida Admniatrative Code Petition for ~8tr8tive Heering; Waiver of Right to Adainiatrative Proceeding (l)(a) Any person whose substantial interests may be affected by proposed or final agency action may file a petition for administrative proceeding. A petition shall be in the form required by this Chapter and Chapter 28-5, FAC, and shall be filed (received) in the Office of General Counsel of the Department within fourteen (14) days of receipt of notice of proposed agency action or within fourteen (14) days of receipt of notice of agency action whenever there is no public notice of proposed agency action. In addition to the requirements of Rule 28-5.201, FAC, the Petition must specify the county in which the project is or will be located. (b) Failure to file a petition within fourteen (14) days of receipt of notice of agency action or fourteen (14) days of receipt of notice of proposed agency action, whichever notice first occurs, shall constitute a waiver of any right to request an administrative proceeding under Chapter 120, F.S. (c) When there has been no publication of notice of agency action or notice of proposed agency action as prescribed in Rule 17-103.150, FAC, a person who has actual knowledge of the agency action or has knowledge which would lead a reasonable person to conclude that the Department has taken final agency action, has a duty to make further inquiry within fourteen (14) days of obtaining such knowledge by contacting the Department to ascertain whether action has occurred. The Department shall upon receipt of such an inquiry, if agency action has occurred, promptly provide the person with notice as prescribed by Rule 17-103.150, FAC. Failure of the person to make inquiry with the Department within fourteen (14) days after obtaining such knowledge may estop the person from obtaining an administrative proceeding on the agency action. (2)(a) "Receipt of notice of agency action" means receipt of written notice of final agency action, as prescribed by Department rule, or the publication, pursuant to Department rule, of notice of final agency action, whichever first occurs. (b) "Receipt of notice of proposed agency action" means receipt of written notice (such as a letter of intent) that the Department proposes to take certain action, or the publication pursuant to Department rule of notice of proposed agency action, whichever first occurs. (3) Notwithstanding any other provision in this Chapter, should a substantially affected person who fails to timely request a hearing under Section 120.57, F.S., administratively appeal the final Department action or order, the record on appeal should be limited to: (a) the application, and accompanying documentation submitted by the applicant prior to the issu- ance of the agency's intent to issue or deny the requested permit. (b) the materials and information relied upon by the agency in determining the final agency action or order; (c) any notices issued or published; and (d) the final agency action or order ente.ed concerning the permit application. (4) In such cases where persons do not timely exercise their rights accorded by Section 120.57(1), Florida Statutes, the allegations of fact contained in or incorporated by the final agency action shall be deemed uncontested and true, and appellants may not dispute the truth of such allega- tions upon subsequent appeal. (5) Any applicant may challenge the Department's request for additional information by filing with the Office of General Counsel an appropriate petition for administrative proceeding pursuant to Section 120.60, F.S., following receipt by the applicant of the Department's notification, pursuant to Section 403.0876, F.S., that additional information is required. Specific Authority: 120.53, 403.0876, 403.815, F.S. law Implemented: 120.53, F.S. History: New 9-20-79, Amended 4-28-81, Transferred from 17-1.62 and Amended 6-1-84. (5) Any applicant may challenge the Department's request for additional information by filing with the Office of General Counsel an appropriate petition for administrative proceeding pursuant to Section 120.60, F.S., following receipt by the applicant of the Department's notification, pursuant to Section 403.0876, F.S., that additional information is required. Specific Authority: 120.53, 403.0876, 403.815, F.S. law Implemented: 120.53, F.S. History: New 9-20-79, Amended 4-28-81, Transferred from 17-1.62 and Amended 6-1-84. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION ST. JOHNS RIVER DISTRICT 3319 MAGUIRE BOULEVARD SUITE 232 ORLANDO, FLORIDA 32803-3767 BOB GRAHAM GOVERNOR VICTORIA J. TSCHINKEL SECRETARY ALEX ALEXANDER DISTRICT MANAGER pe.rmittee: Frank a. Faison City Manager City of Sanford Post Office Box 1778 Sanford, Florida 32771 I. D. Number: 59MOlll19 Permit/Certification Number: DT59-92374A Date of Issue: Expiration Date: 3/30/89 County: Seminole Project: City of Sanford, WWTP This permit is issued under the provisions of Chapter(s) 403, Florida Statutes, and Florida Administrative Code Rule(s) 17-3, 17-4 and 17-6. The above named permittee is hereby authorized to perform the work or opera~ the facility shown on the application and approved drawing(s), plans, and other documents attached hereto or on file with the department and made a part hereof and specifically described as follows: Opera~e: A 6.0 MGD design capacity activated sludge sewage treatment facility. The disinfected effluent is discharged to surface ~aters of Lake Monroe. Lo~ati9n: North poplar Avenue and Fulton Street, Sanford, Seminole County, Florida. Treatment Required: Secondary treatment and basic disinfection. Operators Required: This is a Class A, category II treatment facility. In accordance with Chapter 17-16, F.A.C. the lead operator shall have a minimum certification of Class A. A certified operator shall be on-site at least 24 hours a day, 7 days a week. Other Permits: This permit supercedes DT59-92374. General Conditions 1 through 15 are attached to be distributed to the permittee only. DER FORM 17-1.201(5) Effective November 30, 1982 Page 1 of 5. Protecting Florida and Your Quality of Life PERMI T TEE: 1.0. Number: Permi~/Certification Number: Date of Issue: Expiration Date: GENERAl CMOITIONS: 1. The terms, conditions, requirements, limitations, and restrictions set forth herein are "Permit Conditions" and as such are binding upon the permittee and enforceable pursuant to the authority of Sections 403.161, 403.727, or 403.859 through 403.861, Horida Statutes. The permittee is hereby placed on notice that the department will review this permit periodically and !Day initiate enforcement action for any violation of the "Permit Conditions" by the permittee, its agents, employees, servants or representatives. 2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or condi- tions of this permit may constitute grounds for revocation and enforcement action by the department. 3. As provided in Subsections 403.087(6) and 403.722(5), Florida Statutes, the issuance of this permit does not con- vey 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. This parmit does not constitute a waiver of or approval of any other department permit that may be required for other aspects of the total project which, are not addressed in the permit. 4. This permit conveys no title to land or water, does not constitute state recognition or acknowledgement of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the state. Only the Trustees of the Internal I~rovement Trust Fund may express state opinion as to title. 5. This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, plant or aquatic life or property and penalties therefor caused by the construction or operation of this permitted source, nor does it allow the permittee to cause pollution in contravention of Flnrida Statutes and department rules, unless specifically authorized by an order from the department. 6. The permittee shall at all times properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit, as required by department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when re- quired by department rules. 7. The permittee, by accepting this permit, specifically agrees to allow authorized department peraonnel, upon pre- sentation of credentials or other documents as may be required by law, access to the premises, at reasonable times, where the permitted activity is located or conducted for the purpose of: a. Having access to and copying sny records that must be kept under the conditions of the permit; b. Inspecting the facility, equipment, practices, or operations regulated or required under this permit; and c. Sampling or monitoring any substances or parameters at any location reasonably necessary to assure compliance with this permit or department rules. Reasonable time may depend on the nature of the concern being investigated. 8. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limita- tion specified in this permit, the permittee shall immedlately notify and provide the department with the follow- ing information: a. a description of and cause of non-compliance; and DER Form 17-1.201(5) Effective November 3D, 1982 Page 2 of PERMITTEE: 1.0. Number: Permit/Certification Number: Date of Issue: Expiration Date: b. the period of noncompliance, including exact dates and times; or, if not corrected, the anticipated time the non-compliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the non-compliance. The permittee shall be responsible for any and all dsmagen which may result and may be subject to enforcement action by the department for penalties or revocation of thi~ pennit. 9. In accepting this permit, the permittee understand~ and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source, which are submitted to the depart- ment, may be used by the department as evidence in any enforcement case arising under the Florida Statutes or department rules, except where such use is proscribed by Sections 403.73 and 403.111, Florida Statutes. 10. The permittee agrees to comply with changes in department rules and Florida Statutes after a reasonable time for compliance, provided however, the permittee does not waive any other rights granted by Florida Statutes or depart- ment rules. 11. This permit is trWlsferltlle only upon department approval in accordance with Florida Administrstive Code Rules 17-4.12 and 17-30.30, as applicable. The permittee shall be liltlle for any non-compliance of the permitted acti- vity until the trWlsfer is approved by the department. 12. This permit is required to be kept at the work site of the permitted activity during the entire period of con- struction or operation. 13. This pennit also constitutes: ( ) Determination of Best Availltlle Control Technology (BACT) ( ) Determination of Prevention of Significant Deterioration (PSD) ( ) Certification of Compliance with Stste Water Quality Standards (Section 401, PL 92-500) ( ) Compliance with New Source Performance Standsrds 14. The permittee shall comply with the following monitoring and record keeping requirements: a. Upon request, the permittee shall furnish all records and plans required under department rules. The reten- tion period for sll records will be extended automatically, unless otherwise stipulated by the department, during the course of any unresolved enforcement action. b. The permittee shall retain at the facility or other location designated by this permit records of all monitor- ing information (including all calibration and maintenance records and all original strip chart recordings for continuous'monitoring instrumentation), copies of all reports required by this pennit, and records of all data used to complete the application for this permit. The time period of retention shall be at least three years from the date of the sa~le, measurement, repo~t or application unless otherwise specified by department rule. c. Records of monitoring information shall include: - the date, exact place, and time of sampling or measurements; - the person responsible for performing the sampling or measurements; - the date(s) analyses were performed; - the person responsible for performing the analyses; - the analytical techniques or methods used; and - the results of such analyses. 15. When requested by the department, the permittee shall within a reasonable time furnish any information required by law which is needed to determine compliance with the permit. If the permittee becomes aware that relevant facts were not submitted or were incorrect in the permit application or in any report to the department, such facts or information shall be submitted or corrected prom~tly. DER Form 17-1.201(5) Effective November 30, 1982 Page 3 of PERMITTEE: Frank A. Faison City Manager I. D. Number: 59MOl19 permit/Certification Number: DT59-92374A Date of Issue: Expiration Date: 3/30/89 SPECIFIC CONDITIONS: 1. The required sampling shall be as follows: TSS BOD5 pH Chlorine residual Flow Total Phosphorus as P Fecal coliform Total Nitrogen as N Ammonia Nitrogen Temperature Recording or sampling , Frequ~ncy weekly weekly daily daily daily daily weekly daily weekly daily parameter The sampling and analysis required above shall be in accordance with Chapter 17-19, F.A.C. and approved standard methods. Properly executed reports shall be submitted to this office ~on a monthly basis, by the 15th day of the following month. 2. Operational difficulties shall be immediately reported to both the local pollution control program and to the Department of Environmental Regulation. 3. The permittee shall submit the prescribed application and supporting data for an operation permit no later than 60 days prior to expiration of this permit. 4. The effluent delivered to the effluent disposal system shall be adequately chlorinated at all times so as to maintain 0.5 mg/l total chlorine residual after a minimum contact period of 15 minutes (based upon peak flow). 5. This temporary operation permit is granted to the City of Sanford with the following compliance schedule to eliminate the wastewater treatment plant's contribution to the existing water quality violations in Lake Monroe. DER FORM 17-1.201 (5) Effective November 30, 1982 Page 4 of 5. , ...'t. of I. D. Number: 59MOl19 permit/Certification Number: DT59-92374A Date of Issue: Expiration Date: 3/30/89 . PERMITTEE: . . ' "Frank A. Faison tit:Y Manager SPECIFIC CONDITIONS: COMPLIANCE SCHEDULE , . a) Date when planning is complete and grant offered b) Date when engineering and final design complete 8/15/85 10/1/86 c) Date construction application and permits will be submitted 10/1/86 d) Date construction contract willbe let (bid opening) e) Date construction will commence 3/1/87 5/30/87 f) Date construction is complete and so certified (final completion) 11/30/88 g) Date that facilities will be certified in compliance 3/30/89 Issued ---stP 2 5 1985 OF FLORIDA DEPARTMENT ONMENTAL REGULATION ~ exander, P.E. r ict Manager Filing and Acknowledgment Filed on this date, pursuant to S120.52(9), Florida Statutes, designated Clerk, receipt of ~hi is acknowledged. SEP 251995 _~o i1d~. CLE DATE This is to certify that this Notice 0 the close of business on before DER FORM 17-1.201 (5) Effective November 30, 1982 Page 5 of 5.