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From Date
T:\Dept_forms\City Clerk Transmittal Memo-2009.doc
CONSENT AGREEMENT RELATING TO SURCHARGES
IN THE MATTER OF
Central Florida Regional Hospital, Inc., d/b/a/ Central Florida Regional Hospital
1401 Seminole Boulevard
Sanford, Florida 32771
I. LEGAL AUTHORITY
The following findings are made and agreement entered pursuant to the authority
granted under Sections 102-251 through 102-435, Sanford City Code. This Consent
Agreement is based on findings of industrial/commercial wastewater discharges with
flows exceeding certain prescribed parameters. Section 102-395, Sanford City Code,
relates to industrial waste surcharges and provides as follows:
(a) Such producers of industrial waste or other mixtures as indicated in
this article, for which the cost of treatment is greater than the normal fees
and charges paid by such a producer, shall pay to the City a sewer service
surcharge as determined by the City.
(b) The sewer service surcharge shall be determined by sampling and
testing or contract. In either case, payments shall be based upon current
surcharge rates as defined in the City's user charge system.
(c) The individual user shall, on a regular basis, sample and have
analyzed by a certified testing laboratory the flow of industrial waste or
other mixtures as indicated in this article to determine the quantity and
quality of effluent under average conditions, and a surcharge shall be
charged and billed to the producer of excess wastes on a quarterly basis.
•
(1) Three-month periods shall begin as contractually arranged between
the City and the industrial user.
(2) Periods of less than three months will be billed for on a prorated basis.
(3) The City may sample industrial effluent at its discretion.
( ) Y Y p
(d) In cases where the contract method is used, billing by the City shall be
made as provided in this section.
(e) It is unlawful for a person to fail to comply with, or violate, the
provisions of this section.
Additionally, Section 102-93, Sanford City Code, relates to rates charged to City of
Sanford sewer utility system customers and provides, in pertinent part, as follows:
(a) . . .
(b) Measurement of strength and contents of waste. In order that the rates
and charges may be justly and equitably adjusted to the services
rendered, the city shall base its charges not only on volume but also on
the strength and character of the sewage and waste which it is required to
dispose of. The city shall require the owner or other user to measure and
determine the strength and content of all sewage and waste discharged,
either directly or indirectly, into the city's sewer system in such manner
and by such method as may be deemed practical in the light of the
conditions and attending circumstances of the case in order to determine
the proper charge. The owner or other user shall furnish a central
sampling point available to the city at all times.
(c) Charges for extra strength waste. Extra charges based on the strength
of the sewage and liquid wastes shall be made on the following basis:
(1) Rate surcharge based upon suspended solids. There shall be an
additional charge of$0.20 per pound SS, or fraction thereof, of suspended
solids in excess of 200 milligrams per liter of fluid.
(2) Rate surcharge based upon BOD. There shall be an additional charge
of $0.20 per pound BOD, or fraction thereof, of biochemical oxygen
demand in excess of 200 milligrams per liter of fluid. The city commission
is authorized to prohibit dumping of wastes into the city's sewer system
which, in its discretion, are deemed harmful or otherwise undesirable.
(d) . . .
II. FINDINGS
1. The City of Sanford is charged with, and responsible for, construction,
maintenance, and control of the sewer system and treatment works.
2. To protect the sewer system and treatment works, the City of Sanford
administers a pretreatment program and other programs to ensure compliance with
controlling law and the protection of the City of Sanford utility systems and the citizens
and customers of the City of Sanford.
3. Under the pretreatment program, the City of Sanford has provided a wastewater
discharge application to Central Florida Regional Hospital (hereinafter the "Permittee")
and the Permittee uses the City of Sanford's utility systems in an ongoing manner as a
customer with relatively high usage and a usage that is relatively complex in type and
nature.
4. The Permit contained self-monitoring and reporting requirements of the
pollutants, which the Permittee could discharge into the City of Sanford's system and
the Permittee and the City of Sanford have developed a good relationship in terms of
compliance and concern for the City of Sanford's systems and its citizens.
5. The City of Sanford charges a surcharge to industrial/commercial wastewater
customers/permittees when the flow/discharge from a customer's/permittee's system
exceeds certain authorized parameters.
6. The Permittee was involved in a recent event where it exceeded the established
parameters and was lawfully assessed surcharges by the City of Sanford totaling
$90,839.14.
7. The Permittee has agreed to not engage in such conduct in the future and to take
actions to ensure that such events do not recur.
8. In lieu of payment of the surcharges to the City of Sanford in the full amount, the
Permittee has engaged in the following actions and activities:
(a). A monthly cleaning of its grease trap with the cleanouts conducted
monthly by Lapin Septic Tank Services at an approximate cost of
$10,860.00.
(b). A system of monthly wastewater testing with said testing being
accomplished by Flowers Chemical Laboratory at an approximate cost of
$2,736.00.
(c). Implementation of a new hospital water treatment program which, due
to the requirement of a new agreement, the Permittee was required to
incur a 2 year initial term at an approximate cost of $39,670.56.
(d). Implementation of a new ultrasound probe cleaning program which will
reduce chemicals being disposed in hospital wastewater at an
approximate cost of $10,369.40 for equipment at an approximate cost of
$4,680.00 for cleaning cartridges for an approximate cost of $15,049.40.
(e). Replacement of disposal in Dietary Department at an approximate
cost of $3,500.00.
(f). Assigning an employee to oversee wastewater program with
designated alternate employee and half time in order to improve oversight
of the waste water program at an approximate cost of $20,800.00.
9. The total approximate cost to implement the above referenced initiatives is
$92,615.96.
III. CONSENT AGREEMENT
THEREFORE, BASED ON THE ABOVE FINDINGS, THE PERMITTEE AND THE CITY
OF SANFORD AGREE THAT:
(1). The Permittee shall pay the City of Sanford the reduced surcharge amount of
$1,500.00 which represents the approximate administrative charges incurred by the City
of Sanford in this matter to date.
(2). The Permittee agrees to implement and continue the implementation the actions set
forth above in order to avoid and prevent future adverse incidents in the future as gave
rise to the amount of surcharges assessed which has been reduced by the terms and
conditions of this Consent Agreement.
(3). The City of Sanford reserves jurisdiction, in full, to address any further incidents of
any type or nature under the provisions of the Sanford City Code and any other
controlling law, rule, regulation, code or ordinance.
Attest/Two Witnesses: CENTRAL FLORIDA REGIONAL
HOSPITAL, INC., d/b/a/ Central Florida
Regional Hospital
I ikc
By 4.ai161
Natalie H. Cline Wendy H. :randon
Vice President/Secretary Chief Exec tive Offic r
Date: ////r/3
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
The foregoing instrument was acknowledged before me this /5 day of
t , 2013, Wendy H. Brandon, of Central Florida Regional Hospital, Inc., d/b/a/
Central Florida Regional Hospital on behalf of the Company. She is personally known to
me or has produced , as identification.
U
o,►Rr°�y Notary Public State of Florida
�+, Eat.L Oraeno Si!nature of Nota Publi
: 1 My Commia71`;1:944626 Printed Name: E1 -.cykse id
�'►o,r�q' Expire.01/23/2014
Notary Public— State of �- W
My Commission Expires:
Attest: CITY OF SANFORD
By: 14.112/
Cyn is Porter, City Clerk Jeff Triplett, Mayor IN Date: -2b-I
Approved as to form and legality.
William L. Colbert City Attorney