1217-Evergreen Sweetenerr
ADMINISTRATIVE COMPLIANCE ORDER
IN THE MATTER OF
Evergreen Sweetener, Inc.
2200 Country Club Rd
Sanford FL 32771
LEGAL AUTHORITY
The following findings are made and notice issued pursuant to the authority granted
under Section 102 -251 thru 102 -430, Sanford City Code. This order is based on findings
of violation of the conditions of the industrial wastewater discharge permit (IWDP) #002
Issued pursuant to Sections 102 -394 of the Sanford City Code.
1. FINDINGS
1. The City of Sanford is charged with construction, maintenance, and control of the
sewer system and treatment works of the City.
2. To protect the sewer system and treatment works, the City of Sanford administers
a pretreatment program.
3. Under this pretreatment program, the City of Sanford has issued a discharge
permit to Evergreen Sweetener, Inc.
4. The discharge permit issued to Evergreen Sweetener, Inc. contained self -
monitoring and reporting requirements on the pollutants, which Evergreen
Sweetener, Inc. discharged into the City of Sanford system.
5. Failure to comply with the following requirements of the Consent Order issued on
April 5, 2007, constitute violations of the Consent Order:
a. Section IV, Remedial actions, item # 31.... "The Engineering plans
showing the proposed relocation and sampling structure installation shall
be provided to the City within fourteen (14) days of the issuance of this
Order"
Evergreen Sweetener, Inc. is in violation of the Consent Order, Section IV,
Rem #31 in that the Engineering plans were not submitted until May 8,
2007,as required. (19 days after the due date.)
b. Section IV, Remedial actions, item # 32.... "Evergreen Sweetener, Inc. is
required to relocate the final pHIflow meter to the new approved location
as indicated in item 30 above. This modification shall be completed by
March 31, 2007'.
Evergreen Sweetener, Inc. is in violation of the Consent Order, Section IV,
item # 32 by failing to relocate the flow meter as required by the Order.
This default continues until the date hereof.
C. Section IV, Remedial actions, item # 35... "Evergreen Sweetener, Inc. is
required to provide the City with a complete set of plans showing propose
changes to include all the plumbing connections from the existing
pretreatment system to the system to the proposed pretreatment system
addition. The plans submitted on February 5, 2007, are not acceptable
since they are omitting must of the plumbing lay -out for the new system.
The Engineering plans for this area shall be provided to the City within
fourteen (14) days of the issuance of this Order. In addition, the new plans
shall indicate the wastewater flow direction ".
Evergreen Sweetener, Inc. is in violation of the Consent Order, Section IV,
Rem #35 in that the Engineering plans were not submitted until May 8th
2007, as required. (19 days after the due date.)
d. Section IV, Remedial actions, item # 36... "Evergreen Sweetener, inc. is
proposing to reduce the concentration of sugar entering info the
pretreatment system by modifying the existing plumbing configuration of
the truck loading area ".... "The Engineering plans for this area shall be
provided to the City within fourteen (14) days of the issuance of this
Order':
Evergreen Sweetener, Inc. is in violation of the Consent Order, Section IV,
item #36 in that the Engineering plans were not submitted until May 8th
2007, as required. (19 days after the due date.)
e. Section IV, Remedial actions, item # 37... "Evergreen Sweetener, Inc. is
required to modify the plumbing connections from the sugar loading
process by adding a closed loop sugar melt system to recycle the non -
complaint product. Evergreen Sweeteners, Inc. is required to provide the
City with plans the propose changes for City approval. The Engineering
plans for this area shall be provided to the City within fourteen (14) days of
the issuance of this Order".
Evergreen Sweetener, Inc. is in violation of the Consent Order, Section IV,
Rem #37 in that the Engineering plans were not submitted until May 8th
2007, as required. (19 days after the due date.)
f. Section IV, Remedial actions, item # 38... "Evergreen Sweeteners, Inc. is
required to add a filtration system to the final flow holding tank prior to the
Administrative Compliance Order
Page 2
discharge. This modification shall be completed by March 31, 2007.
The manufacturer specifications for the propose filtration system shall be
provide to the City within fourteen (14) days of the issuance of this Order".
Evergreen Sweetener, Inc. is in violation of the Consent Order, Section IV,
item #37 in that the Engineering plans were not submitted until May 8 t "
2007, as required. (19 days after the due date.)
g. Section IV, Remedial actions, item # 40... "Evergreen Sweetener, Inc. is
required to provide the City with new Standard Operating Procedures
manual by April 29, 2007"
Evergreen Sweetener, Inc. is in violation of the Consent Order, Section IV,
item #40 by failing to submit the Standard Operating Procedures manual
on May 8th 2007, as required. (The manual was submitted 19 days after
the due date.)
h. Section IV, Remedial actions, item # 41... "Evergreen Sweetener, Inc. is
required to provide its updated General application by March 31, 2007".
Evergreen Sweetener, Inc, is in violation of the Consent Order, Section IV,
item #41 by failing to submit the updated General application on May 8,
2007, as required. (The application was submitted 19 days after the due
date.)
6. The City performed an inspection on 1/10108 during which violations set forth in
this paragraph were identified. All of these violations were abated by the
Evergreen Sweetener Inc. which has been confirmed by the City during
subsequent inspections of the facility.
a. Open floor drain inside the building close to used oil drums.
b. Floor drain trenches surrounding the east side of the building evidenced
noticeable green sheen indicating possible antifreeze spills or other
contaminants.
C. Storage of unwanted products in 55 gallon drams on the north side of the
building with evident indications of spills. Note: this area is close to 2
retention ponds. Be advised that these types of spills may be classified as
illegal discharges and considered as a violation of the City's Code of
Ordinance and the National Pollutant Elimination System Permit (NPDES)
identified in State and Federal regulations.
Administrative Compliance Order
Page 3
II. NOTICE
THEREFORE, BASED ON THE ABOVE FINDINGS, EVERGREEN SWEETENER INC.,
IS HEREBY NOTIFIED THAT:
7. It is in violation of its discharge permit (IWDP) #002 and the sewer use and
discharge regulations of the City of Sanford.
8. Based on the violations identified above, your facility is now classified in
significant noncompliance (SNC) by violating the requirements of the latest
Consent Order. You wilt also be notified directly and further notification will be
published in the Seminole Herald at your expense to satisfy the requirements of
the Wastewater Discharge Permit issued to your facility.
9. Progressive enforcement actions including fines will be instituted and used
against repeated and /or unresolved violations.
III. ORDER
EVERGREEN SWEETENER, INC. IS HEREBY ORDERED TO COMPLY WITH THE
FOLLOWING REQUIREMENTS:
10. RELOCATION OF THE FLOW METER - Evergreen Sweetener, Inc is required to
provide the City with proposed site plans detailing the relocation of the flow meter
including all related plumbing and electric fixtures and connections. The flow
meter shall be installed at a point where all wastewater streams collect and are
monitored and reported. This location shall be at or after the approved sampling
box. The plans shall be submitted to the City no latter than ten (10) days after the
effective date of this Order.
a. Within sixty (60) days after the City approves the plans for the sampling
box, Evergreen Sweetener, Inc. shall have this device installed and in
working operation in accordance with the approved plan.
b. Evergreen Sweetener, Inc. shall provide the City with a minimum of 48
hours advanced notice of the installation of the sampling box to schedule
a pre and final installation inspection.
C. If the pHfflow readings are to be interrupted during the relocation of the
flow meter, Evergreen Sweetener, Inc. is required to maintain a log with
hourly manual readings of the pH levels until the systems are back on -line.
Manual readings shall begin with the first shift and end with the last shift of
the installation day. Readings shall include all required sanitation
measurements and procedures. pH meter calibration or standard check
shall be also manually recorded in this manual log.
Administrative Compliance Order
Page 4
11. FLOW DATA REPORTS - Evergreen Sweetener, Inc. is required to provide the
City with wastewater flow data to allow monthly calculations of surcharges fees.
Monthly reports shall be submitted no later than the 10th of every month. Failure
to comply with this requirement will result in surcharge calculation based on
regular consumption readings. Repeated noncompliance may result in the
permanent reinstatement of regular consumption readings for surcharge
calculations. Once the flow meter has been relocated as required in Section
111.10.x. hereof, the flow data readings taken from this meter.shall represent the
total effluent reading from Evergreen Sweetener, Inc. facilities.
12. pH/ FLOW CHARTS — After the flow meter has been installed in accordance with
Section 10.a above, Evergreen Sweetener, Inc. shall submit to the City, no later
than the 10th of every other month, the following information:
a. , copies of the actual dual pH/flow charts; and
b. verification data that demonstrates that the pH meter has been calibrated
on a monthly basis.
13. CONTAINMENT SYSTEM REQUIRED FOR THE "MELT" TANKS The
Respondent is required to provide a specific containment area for the melt tank
area. Evergreen Sweetener, Inc. has provided the City with the plans and
specifications for such installation. Further requirements may be imposed after
the evaluation of the plan and related data.
14. PENALTY FEES - The current penalty fees assessed in SNCO02 (Exhibit C)
Will be waived, if full compliance is achieved with all the items listed under the
Section Ili. of this Compliance Order. Note that public notification of this
Significant noncompliance violation will be published in the local newspaper as
previously indicated in Exhibit C. Failure to comply with any of the items
specified herein may result in reinstatement of the penalty fees assessed in
Exhibit C, together with the potential for further enforcement actions and fines.
15. WAIVER- Compliance with deadlines and requirements set forth in Sections 10
and 13 of the Order, as well as compliance with Sections 11 and 12 of the Order
for a period of sixty (60) days, shall be a full accord and satisfaction for
Respondent's liability for violations identified in Section 1. of the Findings and the
Notice of Significant Noncompliance Violation issued 12/10/07 (Exhibit C).
16. The effective date of this Order shall be the date on which it is signed by the
City; provided, however, that should the Respondent not fulfill notification
requirements to the City as set forth in this Order or fail to comply as required as
set forth in this Order, the City shall proceed with such enforcement actions as it
deems appropriate.
Administrative Compliance Order
Page 5
tl
DATED the 7 '' day of March, 2008
Attest: CITY OF SANFORD, FLORIDA, a
Municipality Organized er the laws
of the St4e of Florida
,; anet R. Dougherty, ity Cler Kristi Aday, Acting City
CONSENT TO ENTRY
Without concurring with the veracity of the findings set forth in Section I of the
Order, Evergreen Sweeteners, Inc. agrees to be bound by the deadlines and requirements
set forth in Section III of the Administrative Compliance Order as prepared for execution
and entry by the City of Sanford, Florida.
EVERGREEN SWEETNERS, INC.
Ale a,
k Gilder, ice President of Operations
Dat
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