indian river county board of county commissioners meeting … · 2018-04-07 · may 8, 2012 page 1...

May 8, 2012 of 6

BOARD OF COUNTY COMMISSIONERS

INDIAN RIVER COUNTY, FLORIDA

C O M M I S S I O N A G E N D A

COUNTY COMMISSIONERS

Gary C. Wheeler, Chairman District 3 Joseph A. Baird, County AdministratorPeter D. O’Bryan, Vice Chairman District 4 Alan S. Polackwich, Sr., County AttorneyWesley S. Davis District 1 Jeffrey K. Barton, Clerk to the BoardJoseph E. Flescher District 2 Bob Solari District 5

1. CALL TO ORDER 9:00 A.M. PAGE

2. INVOCATION

Deputy Teddy Floyd, Indian River County Sheriff’s Department

3. PLEDGE OF ALLEGIANCE

Commissioner Bob Solari

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

A. Presentation of Proclamation Designating the Month of May as Foster Parent Appreciation Month 1

B. Presentation of Proclamation Recognizing May 06 – 12, 2012 as National Correctional Officers Week 2

County Commission Chamber Indian River County Administration Complex

1801 27th Street, Building A Vero Beach, Florida, 32960-3388

www.ircgov.com

TUESDAY, MAY 8, 2012 - 9:00 A.M.

May 8, 2012 of 6

6. APPROVAL OF MINUTES PAGE

None

7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION

A. City Of Vero Beach Committee Representative to the Public School Planning Citizens Oversight Committee for 2012 (memorandum dated April 27, 2012) 3-4

B. 2012 Election of School Planning Citizens Oversight Committee Chairman and Vice Chairman (memorandum dated April 27, 2012) 5

8. CONSENT AGENDA

A. Approval of Warrants and Wires – April 20, 2012 to April 26, 2012

(memorandum dated April 26, 2012) 6-12 B. Execution of Revised Easement to William E. Rutz, Trustee of the Mary

Algene Rutz Trust – Oslo Road Improvement Project (memorandum dated April 25, 2012) 13-17

C. Second Amendment to Feedstock Supply Agreement with INEOS

(memorandum dated May 2, 2012) 18-22

D. Resolution Canceling Taxes on Property Acquired by the City of Fellsmere for Open Space for Water Utility Uses (memorandum dated May 1, 2012) 23-28

E. Approval of Bid Award for IRC Bid No. 2012039 Demolition and Removal of Five (5) Condemned Structures (memorandum dated May 1, 2012) 29-34

F. Award of Bid No. 2012037 Miscellaneous Drainage Culvert Replacements IRC Project No. 1142 (memorandum dated April 26, 2012) 35-45

G. Resolutions Cancelling Taxes on Properties Acquired by the Indian River County Housing Authority for Public Purposes (memorandum dated May 2, 2012) 46-57

May 8, 2012 of 6

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE

A. Indian River County Supervisor of Elections – Leslie Rossway Swan Board of County Commissioner Approval of Supervisor of Elections Proposed new Precincts Plan (letter dated May 3, 2012) 58-59

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

1. Ordinance Amending and Restating Chapter 201, Part III (Industrial Pretreatment Regulations) of Indian River County Code (memorandum dated May 1, 2012) 60-105

Legislative

B. PUBLIC DISCUSSION ITEMS

None

C. PUBLIC NOTICE ITEMS

1. Notice of Scheduled Public Hearings for May 22, 2012: (memorandum dated April 27, 2012) 106

a. Amendment to the Future Land Use Map by Changing the Land Use Designation for 1,171.45 Acres Owned by the St. John River Water Management District (SJRWMD) (531.68 Acres Located South of City of Fellsmere and 3 ½ Miles North of SR60, and 639.77 Acres Located 2 ½ Miles North of SR60 and 3 Miles West of i-95), from AG-2, Agricultural-2 (up to 1 unit /10 acres), to C-1, Conservation-1 (zero density); and to Redesignate 350 Acres Owned by Indian River County Located West of Blue Cypress Lake and Approximately 6 ½ Miles North of SR60, from AG-3, Agricultural-3 (up to 1 unit/20 Acres), to C-1, Conservation-1 (zero density)

Legislative

b. Consideration of Request by Dr. John Cairns to Amend Road Width Requirements for Mining Haul Route Road Segments not used by the General Public

Legislative

May 8, 2012 of 6

10. PUBLIC ITEMS PAGE

C. PUBLIC NOTICE ITEMS

2. Notice of Scheduled Public Hearing for May 15, 2012: Public Notice of Public Hearing to Consider Adoption of an Ordinance Amending and Adding Various Sections of Chapter 204 (Solid Waste Disposal) of the Code of Indian River County (memorandum dated May 1, 2012) 107

Legislative

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development

1. Consideration of Meeting Dates for Proposed Amendments to the County’s Land Development Regulations (LDRs) (memorandum dated April 24, 2012) 108-109

B. Emergency Services

None

C. General Services

None

D. Human Resources

None

E. Human Services

None

F. Leisure Services

None

G. Office of Management and Budget

None

May 8, 2012 of 6

12. DEPARTMENTAL MATTERS PAGE

H. Recreation

None

I. Public Works

None

J. Utilities Services

None

13. COUNTY ATTORNEY MATTERS

A. HB 5301 – Medicaid Backlog (memorandum dated May 1, 2012) 110-111

14. COMMISSIONERS ITEMS

A. Commissioner Gary C, Wheeler, Chairman

None

B. Commissioner Peter D. O’Bryan, Vice Chairman

None

C. Commissioner Wesley S. Davis

None

D. Commissioner Joseph E. Flescher

None

E. Commissioner Bob Solari

1. Indian River County – Open for Business (memorandum dated May 2, 2012) 112

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

None

May 8, 2012 of 6

15. SPECIAL DISTRICTS AND BOARDS PAGE

B. Solid Waste Disposal District

None

C. Environmental Control Board

None

16. ADJOURNMENT

Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County’s Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, the IRC Courthouse Law Library, and the North County Library.

Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule:

Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m.,

Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m.

PROCLAMATION DESIGNATING THE MONTH OF MAY AS

FOSTER PARENT APPRECIATION MONTH

5A

WHEREAS, the family, serving as the primary source of love, identity, self-esteem and support, is the very foundation of our communities and our State; and

WHEREAS, all young people in foster care need a meaningful connection to a caring adult who becomes a supportive and lasting presence in their lives; and

WHEREAS, dedicated foster families frequently adopt foster children, resulting in a greater need for more foster families; and

WHEREAS, the Hibiscus Children's Center has been saving children for over 25 years on the Treasure Coast and Okeechobee County and serves over 100 foster families annually; and

WHEREAS, the Hibiscus Children's Center provides prevention, intervention and recovery services and programs to abused and neglected children and helps to strengthen families; and

WHEREAS, since 2001, the mission of the Hibiscus Children's Center Foster Parent Program is to recruit, train, license and re-license foster families on the Treasure Coast and Okeechobee County; and

WHEREAS, the Hibiscus Children's Center provides critical support to these foster families who have committed to giving abused and neglected children a safe and loving home.

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Month of May be observed in Indian River County as Foster Parent Appreciation Month.

Adopted this 8th day of May, 2012.

BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA

Gary C. Wheeler, Chairman

Peter D. O'Bryan, Vice Chairman

Wesley S. Davis

Joseph E. Flescher

Bob Solari

PROCLAMATION RECOGNIZING MAY 06 - 12, 2012

AS NATIONAL CORRECTIONAL OFFICERS WEEK

WHEREAS, National Correctional Officers Week has been declared as May 6-12, 2012; and

WHEREAS, Indian River County has 130 full time correctional officers, as well as 47 dedicated staff to the Corrections Division, on its Table of Organization; and

WHEREAS, Indian River County's dedicated staff of correctional officers serve in an everchanging environment as an officer first, and a nurse, superintendent, case manager, food service worker, etc. second, responsible for the care, custody and welfare of inmates within Indian River County; and

WHEREAS, in today's profession, correctional officers are well trained and have had extensive background investigations to ensure that they are of sound moral character; and

WHEREAS, a correctional officer's work is an untiring job, one with a huge responsibility to maintain public safety as well as to help inmates develop the skills necessary to become productive members of society. These dedicated men and women daily put their lives on the line and perform very difficult tasks- tasks that can be dangerous as well as frustrating; and

WHEREAS, correctional officers deserve our show of support, an increase in public awareness about their important role in our communities, and the citizenry should utilize this week to recognize their hard work, dedication, and efforts to protect public safety.

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that Indian River County recognizes and honors May 6"' through May 12, 2012 as National Correctional Officers Week.

Adopted this B"' day of May, 2012.

~n, Vice Chai an

-~cf-x-~ Wesley S. Davis

~cd!tfaeL sephEFleSCher

: ,<;-tJ~ Bob Solari

To:

Date:

Subject:

From:

INFORMATIONAL ITEM MAY 8, 2012

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

April 27, 2012

City of Vero Beach Committee Representative to the Public School Planning Citizens Oversight Committee for 2012

Terri Collins-Lister, Commissioner Assistant

At the Vera Beach City Council meeting held on April 17, 2012, the City Council appointed Mr. Keith Pelan to serve as the City's Representative on the Public School Planning Citizens Oversight Committee for 2012.

Attachment

1A

3

City of Vero Beach

OFFICE OF THE CITY CLERK

April 20, 2012

Mr. Gary Wheeler, Chairman County Commission

1053- 20th PLACE- P.O. BOX 1389 VERO BEACH, FLORIDA· 32961-1389

Board of County Commissioners 1801 27'h Street, Building A Vero Beach, Florida 32960

Dear Chairman Wheeler:

At the City Council meeting held on April171h the City Council appointed Keith Pel an to serve as

the City's Representative on the Public School Planning Citizens Oversight Committee. Mr. Pelan's contact information is as follows:

Mr. Keith Pelan 516 Fiddle Wood Vero Beach, Florida 32963 C: 633-0400 0; 794-4100

If you need anything else, please let me know.

Sincerely,

d D:JIYifTI1_pt )J-.J. LJ D;;j) Tammy K. Votk,JMMC City Clerk

XC: Tim McGarry, City Planning and Development Director ~n Boling, County Planning Director

Phone: (772) 978-4700. Fax: (772) 978-4790. E-mail: [email protected] www.covb.org

4

To:

Date:

Subject:

From:

INFORMATIONAL ITEMS MAY 8, 2012




Apri127, 2012

2012 ELECTION OF SCHOOL PLANNING CITIZENS OVERSIGHT COMMITIEE CHAIRMAN AND VICE CHAIRMAN

Terri Collins-Lister, Commissioner Assistant

At the April 13, 2012 School Planning Citizens Oversight Committee (SPCOC) meeting, the members voted to elect Mary Wolff as Chairman, and Yolanda Gamez as Vice Chairman of the SPCOC for the year 2012.

No Board action is required.

78

5

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: April26, 2012

SUBJECT: APPROVAL OF WARRANTS AND WIRES April 20, 2012 to April26, 2012

FROM: DIANE BERNARDO- FINANCE DIRECTOR

In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes.

Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of April20, 2012 to April26, 2012.

Attachment:

DB:MS

6

CHECKS WRITTEN

CHECKNBR CKDATE VENDOR AMOUNT 282261 4/26/2012 ILLINOIS STATE DISBURSEMENT UNIT 142.32 282262 4/26/2012 CHAPTER 13 TRUSTEE 357.73 282263 4/26/2012 IRC FIRE FIGHTERS ASSOC 6,120.00 282264 412612012 I R FEDERAL CREDIT UNION 45,197.19 282265 4/26/2012 UNITED WAY OF INDIAN RIVER COUNTY I,268.88 282266 4/26/2012 TEAMSTERS LOCAL UNION #769 5,358.00 282267 4!26/20I2 MISDU MICHIGAN STATE 575.86 282268 4/26/2012 ADMIN FOR CHILD SUPPORT ENFORCEMENT 112.50 282269 4/26/2012 ADMIN FOR CHILD SUPPORT ENFORCEMENT I98.93 282270 4/26/2012 ADMIN FOR CHILD SUPPORT ENFORCEMENT 201.62 282271 4/26/2012 ECMC 138.15 282272 4/26/2012 EVERGLADES FARM EQUIPMENT CO INC 46.02 282273 4/26/2012 PORT CONSOLIDATED INC 1,436.72 282274 4/26/2012 STURGIS LUMBER & PLYWOOD CO 17.81 282275 4/26/2012 FLORIDA DETROIT DIESEL ALLISON 1,153.65 282276 4/26/2012 PRAXAIR DISTRIBUTION SOUTHEAST LLC 410.30 282277 4/26/2012 JORDAN MOWER INC 482.41 282278 4/26/2012 COMMUNICATIONS INTERNATIONAL !8,105.32 282279 4/26/2012 TEN-8 FIRE EQUIPMENT INC 1,817.80 282280 4/26/2012 COPYCO INC DBA 117.98 282281 4/26/2012 MUNICIPAL EQUIPMENT LLC 1,177.00 282282 4/26/2012 RICOH USA INC 150.40 282283 4/26/2012 CHISHOLM CORP OF VERO 983.55 282284 4/26/2012 NORTH SOUTH SUPPLY INC 23.89 282285 4/26/2012 VELDE FORD !NC 714.04 282286 4/26/2012 RUSSELL CONCRETE INC 1,145.00 282287 4/26/2012 DATA FLOW SYSTEMS INC 4,069.15 282288 4/26/2012 COLD AIR DISTRIBUTORS WAREHOUSE 95.36 282289 4/26/2012 DELTA SUPPLY CO 98.40 282290 4/26/2012 E-Z BREW COFFEE & BOTTLE WATER SVC 16.47 282291 4/2612012 INDIAN RIVER OXYGEN INC 109.50 282292 4/26/2012 COCA COLA REFRESHMENTS USA INC 458.32 282293 4/26/2012 GRA YBAR ELECTRIC 745.33 282294 4/26/2012 MCMASTER CARR SUPPLY CO 77.07 282295 4/26/2012 AMERICAN CONCRETE INDUSTRIES INC 252.00 282296 4126/2012 MY RECEPTIONIST INC 297.80 282297 4/26/2012 THE GALE GROUP 892.04 282298 4/26/2012 APPLE INDUSTRIAL SUPPLY CO 113.90 282299 4/26/2012 HACHCO 175.33 282300 4/26/2012 WATER SAFETY PRODUCTS INC 1,640.50 282301 4/26/2012 GALLS AN ARAMARK CO 69.49 282302 4/26/2012 RELIABLE SEPTIC AND SERVICE 1,800.00 282303 4/26/2012 RELIABLE SEPTIC AND SERVICE 4,650.00 282304 4/26/2012 HD SUPPLY WATERWORKS, LTD 14,538.17 282305 4126/2012 BOUND TREE MEDICAL 12,567.10 282306 4/26/2012 SIGNAL GROUP !NC 6,448.80 282307 4/26/2012 PARAGON ELECTRIC INC 3,429.00 282308 4126/2012 BARTH CONSTRUCTION INC 38,325.00 282309 4/26/2012 AIR COMPRESSOR WORKS 706.46 282310 4/26/2012 ALLIED UNIVERSAL CORP 3,337.23 282311 4/26/2012 HOMELAND IRRIGATION 90.58 282312 4/26/2012 DELL MARKETING LP 5,754.09 282313 4/26/2012 HILL MANUFACTURING CO !NC 1,168.47 282314 4/26/2012 XEROX CORP SUPPLIES 1,073.09 282315 4/26/2012 GENERAL PART INC 2,883.20 282316 4/26/2012 GOODYEAR AUTO SERVICE CENTER 767.92 282317 4/26/2012 BAKER & TAYLOR INC 1,698.07 282318 4/2612012 MIDWEST TAPE LLC 648.82

7

CHECKNBR CKDATE VENDOR AMOUNT 282319 4/26/2012 MID STATE MECHANICAL OF VERO BEACH INC 482.50 282320 4/26/2012 ARAMARK UNIFORM SERVICES 843.52 282321 4/26/2012 LOWES CO INC 1,581.90 282322 4/26/2012 JOHNSON CONTROLS INC 427.00 282323 4/26/2012 SOUTHERN COMPUTER WAREHOUSE 2,612.75 282324 4/26/2012 VERO COLLISION CENTER 657.31 282325 4/26/2012 WHEELED COACH 180.17 282326 4/26/2012 FIRST HOSPITAL LABORATORIES INC 1,022.90 282327 4/26/2012 PALM TRUCK CENTERS INC 149.14 282328 4/26/2012 HBELINC 1,445.00 282329 4/26/2012 PAUL CARONE 5,710.00 282330 4/26/2012 GREENE INVESTMENT PARTNERSHIP LTD 2,875.00 282331 4/26/2012 LINDSEY GARDENS APARTMENTS 1,611.00 282332 4/26/2012 CREATIVE CHOICE HOMES XVI LTD 640.00 282333 4/26/2012 PER-SE TECHNOLOGIES INC 32,108.31 282334 4/26/2012 INDIAN RIVER COUNTY HEALTH DEPT 45,921.08 282335 4/26/2012 INDIAN RIVER COUNTY 20,524.00 282336 4/26/2012 INDIAN RIVER COUNTY 198,390.06 282337 4/26/2012 MEDICAL EXAMINERS OFFICE 24,626.00 282338 4/26/2012 VICTIM ASSISTANCE PROGRAM 4,565.66 282339 4/26/2012 ROGER J NICOSIA 1,500.00 282340 4/26/2012 CITY OF VERO BEACH 21.00 282341 4/26/2012 CITY OF VERO BEACH 22,865.66 282342 4/26/2012 CITY OF VERO BEACH 1,944.94 282343 4/26/2012 CITY OF VERO BEACH 11,512.50 282344 4/26/2012 CITY OF VERO BEACH 423.44 282345 4/26/2012 LSQ FUNDING GROUP L C 3,790.67 282346 4/26/2012 INDIAN RIVERALLFAB INC 2,482.71 282347 4/26/2012 AT&T 7,306.41 282348 4/26/2012 AT&T 113.68 282349 4/26/2012 AT&T 291.40 282350 4/26/2012 AT&T 1,834.00 282351 4/26/2012 AT&T I, 131.12 282352 4/26/2012 FERGUSON ENTERPRISES INC 8,664.64 282353 4/26/2012 JANITORIAL DEPOT OF AMERICA INC 843.98 282354 4/26/2012 TREASURE COAST HOMELESS SERVICES 3,749.23 282355 4/26/2012 INTERNATIONAL GOLF MAINTENANCE INC 83,088.25 282356 4/26/2012 DUMONT COMPANY, INC 737.00 28235,7 4/26/2012 OFFICE DEPOT BSD CUSTOMER SVC 715.61 282358 4/26/2012 WEST PUBLISHING CORPORATION 93.50 282359 4/26/2012 COMO OIL COMPANY OF FLORIDA 194.45 282360 4/26/2012 SPRINT SPECTRUM LP 37.17 282361 4/26/2012 SPRINT SPECTRUM LP 200.71 282362 4/26/2012 SPRINT SPECTRUM LP 305.78 282363 4/26/2012 FLORIDA POWER AND LIGHT 41.00 282364 4/26/2012 FLORIDA POWER AND LIGHT 77,248.57 282365 4/26/2012 TAYLOR MADE GOLF CO INC 62.83 282366 4/26/2012 STATE ATTORNEY 8,641.06 282367 4/26/2012 CITY OF FELLSMERE 19.84 282368 4/26/2012 CONTRACT SERVICE ENTERPRISES INC 28,358.42 282369 4/26/2012 COMPLETE ELECTRIC INC 76.00 282370 4/26/2012 HOMELESS FAMILY CENTER INC 5,838.48 282371 4/26/2012 JEFF KUHNERT ENTERPRISES 814.11 282372 4/26/2012 GERALD A YOUNG SR 75.00 282373 4/26/2012 VENETIAN APARTMENTS OF VERO BEACH 1,076.00 282374 4/26/2012 EMBASSY SUITES HOTEL 685.00 282375 4/26/2012 JOAN CALDWELL 31.16 282376 4/26/2012 FLORIDA DEPT OF FINANCIAL SERVICES 122,047.53 282377 4/26/2012 BRIDGE DESIGN ASSOCIATES INC 2,011.50 282378 4/26/2012 PINNACLE GROVE LTD 1,098.00

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CHECKNBR CKDATE VENDOR AMOUNT 282379 4/26/2012 VERO CLUB PARTNERS LTD 867.00 282380 4/26/2012 C & C ELECTRIC WORKS INC 3,692.00 282381 4/26/2012 DAVCOELECTRICALCONTRACTORSCORP 10,415.00 282382 4/26/2012 NATIONAL AS SOC OF ENVIRONMENTAL 180.00 282383 4/26/2012 DAVID SPARKS 544.00 282384 4/26/2012 RECHTIEN INTERNATIONAL TRUCKS 162.04 282385 4/26/2012 THE PALMS AT VERO BEACH 1,286.00 282386 4/26/2012 JEANINE WEISS 310.80 282387 4/2612012 HULETT ENVIRONMENTAL SERVICES 75.00 282388 4/26/2012 JOHN COLONTRELLE 572.00 282389 4/2612012 CINTAS CORPORATION NO 2 605.99 282390 4/26/2012 ARTHUR PRUETT 370.00 282391 4/26/2012 FLORIDA DEPT OF JUVENILE JUSTICE 44,668.00 282392 4/26/2012 VANWALINC 20.00 282393 4/26/2012 COMPLETE CLEANING SERVICE 2,141.25 282394 4/26/2012 RANDOM HOUSE INC 38.25 282395 4/26/2012 BRIDGESTONE GOLF INC 139.50 282396 4/26/2012 SOUTHERN JANITOR SUPPLY INC 1,349.43 282397 4/26/2012 JOHNS EASTERN COMPANY INC 4,206.38 282398 4/26/2012 AMERICAN PIONEER 95.10 282399 4/26/2012 PELICAN ISLE 437.00 282400 4/26/2012 BEACHLAND CLEANING SERVICE 1,078.00 282401 4/26/2012 ROBERT STEWART 35.00 282402 4/26/2012 A. G. MAURO CO. OF FL 2,250.00 282403 4/26/2012 EXTREME CONTROL SYSTEMS INC 89!.12 282404 4/26/2012 SEACOAST NATIONAL BANK 37.91 282405 4/26/2012 JOHNFBAER 28,040.00 282406 4/26/2012 AMERICAN WATER WORKS ASSOCIATION 499.00 282407 4/26/2012 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 342.00 282408 4/26/2012 INTERACT PUBLIC SAFETY SYSTEMS 379,077.00 282409 4/26/2012 MICHAEL W EIRLS 625.00 282410 4/26/2012 BRIAN WYKOFF 140.00 282411 4/26/2012 EARRING POINT PROPERTIES 214.00 282412 4/26/2012 DUPERON CORPORATION 435.00 282413 4/26/2012 POLICASTRO & LEROUX PA 194.50 282414 4/26/2012 ATHENA ADAMS 50.00 282415 4/26/2012 INDIAN RIVER RDA LP 394.00 282416 4/26/2012 GARY MONROE 550.00 282417 4/26/2012 CEMEX 1,001.94 282418 4/26/2012 REDLANDS CHRISTIAN MIGRANT ASSOC 3,007.63 282419 4/26/2012 STEVEN F BERNYK 1,539.00 282420 4/26/2012 BARBARA & JAMES DEAN 20.00 282421 4/26/2012 VIRGINIA PINES 1,259.00 282422 4/26/2012 STEPHANIE FOUNTAIN 291.00 282423 4/26/2012 AUTO PARTNERS LLC 596.30 282424 4/26/2012 L&L DISTRIBUTORS 227.48 282425 4/26/2012 PAULA WHIDDON 556.00 282426 4/26/2012 COURTYARD VILLAS OF VERO LLC 347.00 282427 4/26/2012 ADETAYO ADELAKUN 85.29 282428 4/26/2012 GATOR INVESTMENTS 767.00 282429 4/26/2012 FOXCROFT EQUIPMENT AND SERVICE COMPANT LLC 3,580.20 282430 4/26/2012 RAINBOW GROUP LLC 696.94 282431 4/26/2012 FLORIDA MEDICAID 75.59 282432 4/26/2012 THATCHER CHEMICAL OF FLORIDA 3,848.97 282433 4/26/2012 INDIAN RIVER SURVEY INC 425.00 282434 4/26/2012 TAPCO UNDERWRITERS INC 351.05 282435 4/26/2012 S & S AUTO PARTS 542.77 282436 4/26/2012 DAVID WALSH & ASSOC 576.00 282437 4/26/2012 DURDEN, MARKEYSIA 50.00 282438 4/26/2012 THE DELGADO GROUP 984.08

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CHECKNBR CKDATE VENDOR AMOUNT 282439 4/26/2012 EAST COAST ANIMAL MEDICAL CENTER 154.50 282440 4/26/2012 YAMAHA GOLF CAR COMPANY 117.18 282441 4/26/2012 JAMES WDAVIS 343.00 282442 4/26/2012 CAL INVESTMENTS OF VERO BEACH LLP 706.00 282443 4/26/2012 WOERNER DEVELOPMENT INC 163.00 282444 4/26/2012 PEP FINANCIAL LLC 523.00 282445 4/26/2012 ATLANTIC COASTAL LAND TITLE CO LLC 100.00 282446 4/26/2012 NITA EZELL 434.00 282447 4/26/2012 DIEGORIOS 100.00 282448 4/26/2012 BOULEVARD TIRE CENTER 4,468.78 282449 4/26/2012 CORRINE RATHJEN 50.00 282450 4/26/2012 STEVEN AABBOND 100.00 282451 4/26/2012 ERIC GRANITURATTORNEY AT LAW 15,771.30 282452 4/26/2012 THERESA HALE 496.00 282453 4/26/2012 ROCCO LOGIOVINO 474.00 282454 4/26/2012 SOUTHEAST STRUCTURAL ENGINEERS INC 2,500.00 282455 4/26/2012 DEBBIE DILL 653.00 282456 4/26/2012 LIVE OAKS VILLAS 502.00 282457 4/26/2012 PALM REALTY 746.00 282458 4/26/2012 DEPT OF HWY SAFETY & MOTOR VEHICLES 626.00 282459 4/26/2012 MISS INC OF THE TREASUE COAST 738.00 282460 4/26/2012 SOUTHERN ASSOCIATES LLC 620.00 282461 4/26/2012 RAYMOND J DUCHEMll-1 140.00 282462 4/26/2012 BERMUDA SANDS APPAREL LLC 1,267.63 282463 4/26/2012 AMERICAN RED CROSS CHICAGO COE 420.00 282464 4/26/2012 AHS HOLDINGS GROUP LLC 715.00 282465 4/26/2012 LUCAS MARINE ACQUISITION CO LLC 50,753.04 282466 4/26/2012 SARA L MATHEWS 45.00 282467 4/26/2012 DANELLA CONSTRUCTION CORPORATION OF FL INC 9,451.90 282468 4/26/2012 BORO BUILDING & PROPERTY MAINT INC 4,720.13 282469 4/26/2012 CRAIG LOPES 355.00 282470 4/26/2012 INDIAN RUN LIMITED PARTNERSHIP 724.00 282471 4/26/2012 EDITH DURHAM 775.00 282472 4/26/2012 CLARK REYNOLDS & CO 4,995.00 282473 4/26/2012 JASON BALLANTINE 140.00 282474 4/26/2012 MADISON VINES 563.00 282475 4/26/2012 BEN 0 BENHAM TRUSTEE 1,745.64 282476 4/26/2012 RAY A KENNEDY 1,745.64 282477 4/26/2012 PAULA F WRIGHT 2,433.95 282478 4/26/2012 JANICE M DAVIDSON 2,480.06 282479 4/26/2012 MARIA D BRADLEY 2,477.16 282480 4/26/2012 KATHLEEN RICHARDSON 46.06 282481 4/26/2012 MARK GUIDA 2,688.99 282482 4/26/2012 JEFFREY L SUS! 2,695.45 282483 4/26/2012 RONALD CAROTHERS 2,592.32 282484 4/26/2012 DALE C HANSON 2,796.79 282485 4/26/2012 TIGHT LINE PRODUCTIONS INC 475.00 282486 4/26/2012 SYBIL'S COLONIAL HEIGHTS 300.00 282487 4/26/2012 MARSHA J MURPHY ESQ 1,839.50 282488 4/26/2012 DUSTIN HUNT 93.14 282489 4/26/2012 SHADOWBROOK AT VERO 300.00 282490 4/26/2012 LUPELOPEZ 50.00 282491 4/26/2012 ERNISTINE GRIER 50.00 282492 4/26/2012 AMALGAMATED LIFE 88.86 282493 4/26/2012 ROY & CARLA MCLENDON 7,000.00 282494 4/26/2012 COY A CLARK COMPANY 2,375.34 282495 4/26/20!2 MELINDA BERG 50.00 282496 4/26/2012 DAVID S KIPP LLC 9,950.00 282497 4/26/2012 SARAH FALCONE 50.00 282498 4/26/2012 UTREFUNDS 182.74

4 10

CHECKNBR CKDATE VENDOR AMOUNT 282499 4/26/2012 UTREFUNDS 29.00 282500 4/26/2012 UTREFUNDS 41.80 282501 4/26/2012 UTREFUNDS 47.16 282502 4/26/2012 UTREFUNDS 100.00 282503 4126/2012 UTREFUNDS 26.99 282504 4/26/2012 UTREFUNDS 38.90 282505 4/26/2012 UTREFUNDS 20.88 282506 4/26/2012 UTREFUNDS 44.49 282507 4126/2012 UTREFUNDS 5.44 282508 4/26/2012 UTREFUNDS 38.16 282509 4/26/2012 UTREFUNDS 73.58 282510 4/26/2012 UTREFUNDS 6.83 282511 4126/2012 UTREFUNDS 39.00 282512 4/26/2012 UTREFUNDS 4.99 282513 4/26/2012 UTREFUNDS 57.49 282514 4/26/2012 UTREFUNDS 4.81 282515 4126/2012 UTREFUNDS 30.85 282516 4126/2012 UTREFUNDS 14.76 282517 4/26/2012 UTREFUNDS 63.25 282518 4/26/2012 UTREFUNDS 47.16 282519 4/26/2012 UTREFUNDS 34.39 282520 4/26/2012 UTREFUNDS 100.00

Grand Total: 1,603,477.92

5 1 1

CHECKNBR 1878 1879

Grand Total:

CKDATE 4/19/2012 4/25/2012

WIRES SENT

VENDOR SCHOOL DISTRICT OF l R COUNTY BUYERS'S TITLE

AMOUNT 48,035.00

124,297.39 172,332.39

12

<i58 Office if Consent Agenda Mqy 8, 2012

INDIAN RIVER COUNTY ATTORNEY

Alan S. Polackwich, Sr., County Attorney William K. DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney

TO:

FROM:

THROUGH:

DATE:

SUBJECT:

MEMORANDUM

Board of County Commissioners ~

William K. DeBraal, Deputy County Attorney~) Alan S. Polackwich, Sr., County Attorney t:i..J(? April 25, 2012

Execution of Revised Easement to William E. Rutz, Trustee of the Mary Algene Rutz Trust - Oslo Road Improvement Project

On February 21, 2012 the Board approved the Stipulated Final Judgment between the County and William E. Rutz as Trustee of the Mary Algene Rutz Trust. You will recall that during the taking of the Cumberland Farms site at the northeast corner of Oslo Road and 2ih Avenue, the County acquired a 30' wide easement along the site's eastern border for ingress and egress owned by the Rutz Trust. The Stipulated Final Judgment provided for restoration of the easement and payment of attorney's fees and costs.

Since that time, the parties have agreed upon Easement language that differs slightly from the Easement approved on February 21, 2012 to wit: the legal description has been further clarified; no compensation will be due to the Rutz Trust if vehicles will be unable to turn left entering or exiting the easement area. The Public Works Director, County Surveyor and the Planning Director have all reviewed the modified easement and have no objections to the document.

Funding: There is no funding associated with this item.

Recommendation: Staff recommends the Board approve the easement as amended and authorize the Chairman to execute on behalf of the Board.

c: Mary Dorman, Esq. Andrew Diaz, Esq.

13

Please record and return to:

Andrew G. Diaz, Esq. Gaylord Merlin Ludovici and Diaz 5001 W. Cypress Street Tampa, FL 33607

EASEMENT

This Grant of Easement, made and executed this day of , 2012, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1801 27th Street, Vero Beach, FL 32960, hereinafter called GRANTOR*, to MARY ALGENE RUTZ, TRUSTEE OF THE MARY ALGENE RUTZ TRUST U/A dtd. 3/31/00, whose address is 11747 Edgewood Road, Harrison, Ohio 45030, hereinafter called the GRANTEE*,

'Whenever used herein the terms GRANTOR and GRANTEE include the heirs, legal representatives, successors, and assigns of GRANTOR and GRANTEE, respectively.

WITNESSETH:

This easement is conveyed pursuant to a settlement agreement of an eminent domain case between GRANTOR and GRANTEE (Case No. 2009-0762-CAOS). Prior to the eminent domain action, GRANTEE or GRANTEE'S predecessor(s) in interest held a non-exclusive right of way of ingress and egress. This easement restores GRANTEE'S non-exclusive right of way of ingress and egress to and from Oslo Road.

It is understood by GRANTOR and GRANTEE that no compensation will be owed to GRANTEE by GRANTOR should GRANTOR in any way restrict vehicles entering or exiting the easement area from turning left off of or turning left onto Oslo Road.

GRANTOR, for and in consideration of the sum of One Dollar and other consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto GRANTEE a nonexclusive right of way of ingress and egress over and across the following described land, situate in Indian River County, Florida, to-wit:

SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF

And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of said servient land in fee simple, and that it has good right and lawful authority to convey the easement established hereby.

GRANTOR retains all rights to regulate GRANTEE's access that GRANTOR had prior to the filing of the eminent domain action referenced above. This easement

14

does not create or eliminate any rights in GRANTEE other than the rights held by GRANTEE or GRANTEE's predecessor(s) in interest prior to the eminent domain action referenced above.

IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day year first above written.

Attest: J.K. Barton, Clerk

By ____________ __ Deputy Clerk

INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSTIONERS

By __________ ~~~---------Gary C. Wheeler, Chairman

Approved as to form and legal BCC approval date: Sufficiency: /l j) ()

AIJJl~.j)"'_ WI~ William K. DeBraal Deputy County Attorney

15

EXHIBIT "A"

THE EAST 30 FEET OF THE FOLLOWING DESCRIBED LAND:

ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN A PORTION OF TRACT 13, SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, AS THE SAME IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, SAID LANDS ALSO BEING A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 512, PAGE 600 AND OFFICIAL RECORDS BOOK 695, PAGE 564 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER, COUNTY. SAID LANDS BEING MORE PARTICULARLY DESCRJBED AS FOLLOWS, TO WIT:

COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID SECTION 23;

THENCE, BEARING NORTH 00°21'26" EAST, ALONG THE WEST LINE OF SAID SECTION 23, A DISTANCE OF 200.00 FEET TO A POINT;

THENCE, LEAVING SAID WEST LINE, BEARING SOUTH 89°56'15" EAST, A DISTANCE OF 44.45 FEET TO A POINT AND THE PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, SAID POINT LYING AND BEING ON THE SOUTH LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1166, PAGE 1257, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;

THENCE, CONTINUE SOUTH 89°56'15" EAST ALONG THE SOUTH LINE OF SAID LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1166, PAGE 1257, A DISTANCE OF 292.01 FEET TO A POINT ON THE WEST LINE OF BRADFORD PLACE, AS RECORDED IN PLAT BOOK 21, PAGE 28 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY, FLORIDA;

THENCE, BEARING SOUTH 00°20'19" WEST, ALONG SAID WEST LINE OF BRADFORD PLACE, A DISTANCE OF 70.00 FEET TO A POINT, SAID POINT BEING ON A LINE LYING 130.00 FEET NORTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID SECTION 23;

THENCE, LEAVING SAID WEST LINE AND ALONG SAID PARALLEL LINE, NORTH 89°56'15" WEST, A DISTANCE OF 256.48 FEET TO A POINT;

16

THENCE, BEARING NORTH 44°47'25" WEST, A DISTANCE OF 42.32 FEET TOA POINT;

THENCE, BEARING NORTH 00°21'26" EAST, A DISTANCE OF 12.24 FEET TO A POINT;

THENCE, BEARING NORTH 10°57'10" WEST, A DISTANCE OF 28.28 FEET TO THE POINT OF BEGINNING.

17

Consent Agenda- B.C.C. 05.08.12

Office of INDIAN RIVER COUNTY

ATTORNEY

Alan S. Po!ack.wich, Sr., County Attorney William K DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney

MEMORANDUM

TO: Board of County Commissioners

FROM: Alan S. Polackwich, Sr., Coun~h:y DATE: May 2, 2012

SUEJECT: Second Amendment to Feedstock Supply Agreement with INEOS

BACKGROUND.

As the Board knows, INEOS New Planet BioEnergy, LLC ("INEOS") is developing a facility near the landfill to produce a bioethanol energy product and renewable power from organic feedstock. The facility is near completion and is currently in a start up and testing phase, preliminary to beginning actual operations.

On July 15, 2011, the Solid Waste Disposal District and INEOS entered into a Feedstock Supply Agreement addressing various aspects of the facility's operations. Section 7.4 of the agreement requires INEOS to post a letter of credit in the amount of $200,000 as security for the company's performance of the agreement. INEOS has requested that, in lieu of a letter of credit, it be allowed to post cash, probably on an interim basis. This is acceptable to SWDD and County staff. The cash will stand for the same purposes as the letter of credit.

INEOS has signed the attached Second Amendment to Feedstock Supply Agreement Concerning Cash Deposit and Escrow Agreement of Section 7.4. INEOS has also posted the cash, which the County is now holding.

Indian River Co. Ap~ved Date Admin. I) S/3/A Co. Attv. .A-: $ 2. ., ....

Budget '\ 15, (7..1 }"2--" Dept. ~ s ..,_ Ill. RiskMgmt. !,d' --

F:\Atl<>mey\Linda\Genera/IB C a.-lg.nda Jr.femruVNEOS ()2.doc

18

Board of County Commissioners May2, 2012 Page Two

RECOMMENDATION.

The County Attorney, and SWDD and County staff, recommend that the Board approve the attached Second Amendment to Feedstock Supply Agreement Concerning Cash Deposit and Escrow Agreement of Section 7.4, and authorize the Chairman to sign it on behalf of SWDD.

ATTACHMENT(S).

1. Second Amendment to Feedstock Supply Agreement Concerning Cash Deposit and Escrow Agreement of Section 7.4

ASP: LAC

F:l411omryiLil!do\GeneraNJ C C\4gendo A!emosiJNEOS OJ. doc

19

SECOND AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT CONCERNING CASH DEPOSIT AND ESCROW AGREEMENT OF

SECTION 7.4

THIS AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT CONCERNING CASH DEPOSIT AND ESCROW A~REEMENT OF SECTION 7.4 ("Escrow Amendment") is entered into as ofthis~.:>'iray of April, 2012, by and between the Indian River County Solid Waste Disposal District, a special district of Indian River County, Flmida ("District") and INEOS New Planet BioEnergy, LLC, a Delaware limited liability company ("Company"). (Capitalized terms that are used but not defined in this Second Amendment shall have the meaning set forth in the Parties' Feedstock Agreement or Landfill Gas Interconnect Agreement, which are described below).

WITNESSETH

WHEREAS, on July 15,2011, District and Company entered into that certain Feedstock Supply Agreement ("Feedstock Agreement");

WHEREAS, section 7.4 of the Feedstock Agreement requires Company to provide an iiTevocable "direct pay" letter of credit in the amount of two hundred thousand dollars ($200,000.00) to ensure the performance of Company under the Feedstock Agreement;

WHEREAS, Company prefers to provide a cash deposit of two hundred thousand dollars ($200,000.00), in lieu of providing a letter of credit as required in section 7.4 of the Feedstock Agreement, which cash deposit would serve the same purpose as the letter of credit- namely, to ensure the performance of Company under the Feedstock Agreement;

WHEREAS, District is willing to accept a cash deposit in lieu of a letter of credit, under the terms and conditions of this Escrow Amendment; and

NOW, THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree, as follows:

1. Recitals. The above recitals are true and correct and are incorporated herein.

2. Cash Deposit/Escrow. Company shall deposit with District the cash amount of two hundred thousand dollars ($200,000.00) which District shall hold in escrow as security to ensure the performance of Company under the Feedstock Agreement. In the event of a default by Company in its performance under the Feedstock Agreement, District may draw upon the escrowed funds to satisfy any losses, damages or other amounts due District by reason of Company's default. To the extent possible, the cash deposit shall exist for the same purposes, and shall be available to District to the same extent, as the letter of credit described in section 7.4 of the Feedstock Agreement.

1 of3

20

3. Amendment of Section 7.4 of the Feedstock Agreement. Upon receipt of the cash deposit by District, section 7.4 of the Feedstock Agreement shall be deemed to be amended to permit Company to post the cash deposit in lieu of the letter of credit. At any time during the term of the Feedstock Agreement, Company shall be permitted to substitute the letter of credit described in section 7.4 for the cash deposit, and District shall return fue cash deposit, with interest eamed thereon, calculated at the effective Federal Funds Rate as listed on the Federal Reserve website, to Company. District shall be entitled to deduct from the retumed amount, 10% of the interest earnings calculated above to cover administrative expenses incurred by District with respect to the escrowed funds.

4. No Third Party Beneficiaries. The funds deposited hereunder shall exist for fue sole benefit, protection and use of District. The funds shall not exist for the benefit, protection or use of any third party.

5. Term. This Escrow Amendment shall terminate upon the earlier of: (a) the withdrawal or return of all escrowed funds, or (b) the expiration of the Feedstock Agreement, without default by Company.

6. Full Force. Pm1ies agree that, except as mnended by this Escrow Amendment, related to the subject matter herein, the terms and provisions of the Feedstock Agreement shall remain in full force and effect.

[Signatures follow]

2 of3

21

IN WITNESS WHEREOF, this Escrow Amendment is executed by the authorized representatives of the Parties, as of the day and year first above written.

ATTEST: Jeffrey K. Barton, Clerk of Courts

By: ~D~ep~u~cy~C~le~rkc------------------

Approved:

Signed, sealed and delivered in the presence of:

INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ("District")

By: ~G~a~r~y~C~.~vvoohe-e'le-r-,'C"h-aJ~.rm--a_n ____ __

Approved by BCC: ______ , 2012.

Approved as to form and legal sufficiency:

~County Attorney

INEOS NEW PLANET BIOENERGY, LLC ("Company")

3 of3

22

CONSENT: 5/8/12


ATTORNEY

Alan S. Polackwich, Sr., County Attorney WilliaiU K. DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney


FROM:

DATE:

William K. DeBraal - Deputy County Att~n_

May 1, 2012 {))f--'f--J

SUBJECT: Resolution Canceling Taxes on Property Acquired by the City of Fellsmere for Open Space for Water Utility Uses

A Resolution has been prepared for the purpose of cancelling any delinquent or current taxes which may exist on property acquired through foreclosure by the City of Fellsmere for open space for water utility uses, which property is fully described in that Certificate of Title recorded in Book 2565, Page 192, Public Records of Indian River County, Florida.

RECOMMENDATION:

Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of same to the Tax Collector so that any delinquent or current taxes can be cancelled.

/nhm Attachments:

Letter Request Resolution

cc: Carole Jean Jordan -Tax Collector David Nolte - Property Appraiser Warren W. Dill, City Attorney, City of Fellsmere

'l_~uog€t Ill\ 512/IZ ' ~)cpl. ~)

!-Ris.k M gr. 23

Indian River County Attorney's Office ATfN: Nancy Mossali, Legal Assistant 1801 27th Street Vero Beach, Florida 32960

AprillO, 2012

RE~ Lee 0e£:u~ l\:f.ays/1031 Gi'~ilt Avenue, FeHsmere Parcel ID No. 31-37-00-00004-0030-00083.1 Our File No.: 10-H7

Dear Nancy:

APR 11 2012;

ccur-nJf:;"!CEhi~t.:Y's

The City of Fellsmere has just received the enclosed Certificate of Title for the above referenced

property. There are outstanding tax certificates for the years 2006 through 201 O. which the City will be paying. The City would like to avoid a tax certificate sale for 20 ll and requests that the County cancel

the taxes for 2011 and take this property off the tax roll for future years.

This is derelict property and the City's initial efforts will be to clean it up and thereafter

use it for municipal purposes.

Please advise if there is anything else the City needs to do to have this property removed

from the tax rolls.

Very truly yours,

WWD/jlb Enclosures

Wan·en W. Dill City Attorney

_ '-{Ju_blic_ purpo6e IS Cp<'h Sf:<%

-fcv--wac+er- o tl (/fer Use:J cc: Jason R. Nunemaker, City Manager (w/encl)

Larry W. Napier, Director of Finance (w/encl) -per· phone w:\ci0' offellsmere\water henforeclosuresimay~, lee oscar ·water lien foreclosure 10-217 alsc• see mn folder\corresp nancy 4-10--12 doc ~

22 South Orange Street Fellsmere, Florida 32948-6740 Phone: 772-571-1616 Fax: 772-571-8615

1 n qo i rq w tub.

24

Parcel #31-37-00-00004-0030-00083.1 acquired from Lee Oscar Mays (through foreclosure) public purpose: open space for water utility uses

RESOLUTION NO. 2012-__

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES.

WHEREAS, section 196.28, Florida Statutes, allows the Board of

County Commissioners of each County to cancel and discharge any and all liens

for taxes, delinquent or current, held or owned by the county or the state, upon

lands heretofore or hereafter conveyed to or acquired by any agency,

governmental subdivision, or municipality of the state, or the United States, for

road purposes, defense purposes, recreation, reforestation, or other public use;

and

WHEREAS, such cancellation must be by resolution of the Board of

County Commissioners, duly adopted and entered upon its minutes properly

describing such lands and setting forth the public use to which the same are or

will be devoted; and

WHEREAS, upon receipt of a certified copy of such resolution, proper

officials of the county and of the state are authorized, empowered, and directed

to make proper entries upon the records to accomplish such cancellation and to

do all things necessary to carry out the provisions of section 196.28, F.S.;

25


NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF

COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,

FLORIDA, that:

Any and all liens for taxes delinquent or current against the following

described lands, which were acquired by the City of Fellsmere for open space for

water utility uses, are hereby cancelled pursuant to the authority of section

196.28, F.S.

See attached Certificate of Title to City · of Fellsmere, Florida describing lands, recorded in Book 2565 at Page 192, Public Records of Indian River County, Florida.

The resolution was moved for adoption by Commissioner , and

the motion was seconded by Commissioner ____ , and, upon being put to

a vote, the vote was as follows:

Chairman Gary C. Wheeler

Vice Chairman Peter D. O'Bryan

Commissioner Wesley S. Davis

Commissioner Joseph E. Flescher


2

26


The Chairman thereupon declared the resolution duly passed and

adopted this __ day of May, 2012.

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

By~~~~~~~------Gary C. Wheeler, Chairman

ATTEST: Jeffrey K. Barton, Clerk

By: __ -=-----::--;::.,......,.---Deputy Clerk

Tax Certificates Outstanding _ L Yes No

Current Prorated Tax Received and Deposited with Tax Collector $-&

3

27

·~

J ) -J

2201956

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT ·IN AND FOR INDIAN RIVER COUNTY, FLORIDA

CITY OF FELLSMERE, a Florida municipality, ) ) ) ) ) ) ) )

Plaintiff,

-vs-

LEE OSCAR MAYS and THE STATE OF FLORIDA,

Case No.: 312011CA001723 Judge: Cynthia L. Cox

. -- ---- --- ........... ------ ·-· .. ···---····----------~-----------------· --"--y-Defendants. )

CERTIFICATE OF TITLE

The undersigried, JEFFREY K. BARTON, Clerk of the Court certifies that he executed

and filed a Certificate of Sale in this action on March 19, 2012 for the property in Indian River

County, Florida described herein;

Southeast halfofLot 83 and the South half of Lot 84 of Block 3 of the Carter Hall and James Subdivision of Fellsmere Farm Tract No. 1440 as recorded in the Public Records of St. Lucie County, Florida, now lying and being in Indian River County, Florida TOGETHER with the improvements thereon and all furniture, fiXtures and equipment contained therein, replacements thereof and additions thereto. Aild which is loeated at 1031 Grant Avenue, Fellsmere Florida, 32948.

ofMarch;--2012 to: Lee Oscar Mays, 926 Wagner Place, #A, Fort Pierce, Florida 34982. ~c"-~ ...

STATE OF FLORIDA INDIAN RIVER COUNtY

. THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL

s

BK: 2565 PG:192, Page1 of 1 04/0212012 at 08:03AM, DOC STAMPS D $56.00

JEFFREY K BARTON, CLERK Of COURT

DATE:

TO:

THROUGH:

FROM:

INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET

PURCHASING DIVISION

May 1,2012

BOARD OF COUNTY COMMISSIONERS

Joseph A. Baird, County Administrator

Jason Brown, Director, Office ofManag

Jerry Davis, Purchasing Manager ~ SUBJECT: Approval of Bid Award for IRC Bid No. 2012039

Demolition and Removal of Five (5) Condemned Structures

BACKGROUND: The Building Division has requested the solicitation of competitive sealed bids for the demolition and removal of five (5) condemned structures. The Board approve<! the demolition of the.se structures at their meeting on February 14, 2012. The locations are as follows:

1. 6645 461• Drive, Vero Beach, FL

2. 6655 46th Drive, Vero Beach, FL 3. 359 s•• Avenue SW, Vero Beach, FL 4. 319 s•• Avenue SW, Vero Beach, FL 5. 303 s•• Avenue SW, Vero Beach, FL

BID RESULTS: Advertising Date: March 27,2012 Bid Opening Date: April 17, 2012 at 2:00pm DemandStar Broadcast to: Specifications Requested by:

Four Hundred Ninety Eight (498) Vendors Twenty Three (23) Vendors

Replies:

BID TABULATION· . Bidder

Henry Fischer & Sons, Inc. L.E.B. Demolition *** DJP ** Cross Construction Services, Inc. * TC Enterprise of the Treasure Coast Michael Schlitt Services Cross Environmental Services, Inc. Sims Southern, Inc. *** L.E.B. Demolition- One Original/No Copy ** DJP- One Original/No Copy

Eight (8) Vendors

City/State Sebastian, FL Fort Pierce, FL Fort Pierce, FL Lutz, FL Vero Beach, FL V ero Beach, FL Crystal Springs, FL V ero Beach, FL

* Cross Construction Services, Inc. -Took an Exception to Bid

F:\Purchasing\Bids\2011-2012 FY (2012000)\2012039-Demolition ofFive Condemned Stnu:tures\Agenda.doc

Total Cost $18,250.00 $19,746.00 $20,750.00 $21,890.00 $23,250.00 $29,560.00 $29,970.00 $36,869.47

*** ** *

29

TOTAL AMOUNT OF BID: $18,250.00

SOURCE OF FUNDS: Funding for the Demolition and Removal of Five (5) Condemned Structures in the amount of $18,250.00 is budgeted and available in account number: 00421441-033490, Other Contractual Services.

RECOMMENDATION:

Staff recommends awarding this bid as follows:

Award to Henry Fischer & Sons, Inc. as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid.

Staff further requests that the Board of County Commissioners approve the issuance of a purchase order after receipt and approval of the appropriate certificate of insurance.

ATTACHMENTS: Recommendation Memo Bid Tabulation Bid Form

APPROVED AGENDA ITEM Indian River Co Admin \~

Date s ,_:<,1/:;J..

BY: Legal 'f-'·•1.2-5' Budget ~ 5 Z./ rt. Department Je 1 1 s-2.-11. Risk Manager ~

Recreation FOR: Conun. Development

F:IJ>urchasing\Bids\2011~2012 FY (2012000)\2012039-Demolition of Five Condemned Structures\Agenda.doc

30

TO:

FROM:

DATE:

INDIAN RIVER COUNTY BUILDING DIVISION

INTEROFFICE MEMORANDUM

Jerry Davis, Manager Purchasing Division

Jose E. Guanch, CBO, MCP ~ Building Official

April 27, 2012

RECEIVED 1 ndian River ~o.u~ty Purchasing DIVISIOn

04-30-12~09:50 RCVD

SUBJECT: Condemnations Bids Review: Bid #2012039

I have reviewed the bids you sent me; It is my recommendation to award the contract to the lowest bidder; Henry Fischer & Sons, Inc., according to our files their license and insurance are current.

Please let me know if I can be of any further assistance.

cc: Bob Keating, AICP, Community Development Director Bill DeBraal, Asst. County Attorney

Au.+',

CO'fX.t'-(o/(- 033~<f0

31

INDIAN RIVER COUNTY

PURCHASING DIVISION

1800 27th Street. Vero Beach, FL 32960 (772) 226-1416

i:

BID TABULATION cJ = ..... ~

"' ~ ~ .....

' ~ Bid Opening Date: Time: 00

= April 17, 2012 2:00PM 0 ..... ..... Bid No.: Department:

~ = ~ ..... 2012039 Building "' = 0 Bid Title: u

"' Demolition and Removal of "' 0 Five Condemned Structures ~

u

~ ~ ~

.tl = ~

cJ = ..... ~

"' ~ ~ .....

' ~ 00 -~ ..... ~ = ~· .

~ e ,;; ~ = ell = ~ 0 .....

~ ~ ..... ~ .~ ~ ~ .~ = 00 ·.~

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cJ = ..... ,;; i: = i: 0 i:

00 = ~ 0 ..... ..... ~ ~ :.= ~ ~ ~ 0 -= ~ ~

~ e ~ ~ ~ "' = ~ .....

~ ~

~ ~ ~ ..... C; "' ~ ~ = ~ .....

~ ~ ~ .c 0 ~ Jl .j ~

Witness: Maeghan McLaughlin

Witness: Jennifer Hvde

~ ~ .....

' cJ ~ = 00 ..... ~ ~ ..... = := ~ ~ ~

-= ~ ~ ~

~ -= -= -= 00 ~ ..... ~

~ = ~ - ~ 0 ~ ~ ~ ~ ~ 00

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('J ('I')

' ~----~--~~---~-.,.---,~~~~~------------~~-~~~-

" ~-" ~ - ' ' - ' . - --- - -· - - - -- ·- - ... --- - . . - -- ---· --·- ------· ""'~'-''"""'"'"~ -~""'----"'-. ·---~ -~ --- - - .. -- ~ ·- . ~-Bid Form y y y y y y y y

Bid Bond N/A y N/A N/A N/A Cashier's Check In y N/A

Lieu or

Disclosure y y y y y y y y

1. 6645 46th Drive $ 2,950.00 $ 4,950.00 $ 3,000.00 $ 1,575.00 $ 2,000.00 $ 4,000.00 $ 6,423.94 $ 3,990.00

2. 6655 46th Drive $ 2,500.00 $ 4,975.00 $ 4,250.00 $ 2,275.00 $ 3,000.00 $ 4,500.00 $ 7,886.94 $ 4,440.00

3. 359 8th Ave SW $ 5,480.00 $ 7,460.00 $ 4,500.00 $ 6,000.00 $ 5,146.00 $ 5,500.00 $ 7,401.96 $ 4,940.00 .

4. 319 8th Ave SW $ 5,480.00 $ 6,295.00 $ 4,500.00 $ 4,200.00 $ 4,800.00 $ 7,780.00 $ 7,624.15 $ 4,940.00 i

5. 303 8th Ave SW $ 5,480.00 $ 6,290.00 $ 4,500.00 $ 4,200.00 $ 4,800.00 $ 7,780.00 $ 7,532.48 $ 4,940.00

Total Bid Price $ 21,890.00 $ 29,970;00 $ 20,750.00 $ 18,250.00 $ 19,746.00 $ 29,560.00 $ 36,869.47 $ 23,250.00 . . , . . ··-· ...... ,,,,,.- '_.,_ __ ,~,,- .. ~·'•'

COMMENTS: • Cross Construction Services- Took an Exception •• DJP- One Original/No Copy *** L.E.B. Demolition - One Original/No Copy

Indian River County Purchasing Division 1800 271

b Street Vero Beach, FL 32960

Bid Form

Demolition and Removal of Five Condemned Structures

Bid#:

Bid Opening Date I Time:

Bid Opening Location:

2012039

April17, 2012 at 2:00P.M.

Purchasing Division 1800 271

b Street Vero Beach, FL 32960

In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the following:

I. 6645 461h Drive, Vero Beach, FL $1,575.00

2. 6655 46th Drive, Vero Beach, FL $2.275.00

3. 359 8th Avenue SW, Vero Beach, FL $6,000.00



Total Bid Price $18,250.00

Eighteen Thonsand TloZQ Hnndrec;l Fifty Dqll ars oa/J oo Cent:> Total Bid Price in Words

45 Demolition completion time after receipt of "Notice to Proceed" or PO: --------"'D"'A"-Y,_.,S

Please submit one (1) original and one (1) copy of your bid.

Page 14 of 19

33

The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation.

Henry FisCher & Sons, Inc •. Company Name: ______ ~----------------~------------------------------------

Company Address: ~1"-'0'-7'--'2"-'9'--'-'U"-'S"---It"-1"'-. -----------------------------------------

City, State Sebastian, Flo:r'ida

Telephone: (772) 589;.;.3159

Zip Code 32958

Fax: (772) 589.,-7731

E-mail: ____ ..,h"'f"'i""'s"-'c"'h-"e""'-r-"@"'W"'e"'d.._J'". g~f..Ll.J..our_;..iwd...,a:1...., .c;C.J..Owm,__· ---------------------------------

Business Tax Receipt Number: ~0.::5_,1"'1"'':4"-7'-------------

Atlthorized SignatorY-~ .4 h~ Name: Henry A FisCher

(Type I Printed)

Page 15 of 19

FEINNumber: 59,-2301958

Date: 0 4fl·6 I 12

Title: P;r:es:ieent

34

TO:

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

Joseph A. Baird, County Administrator

CONSENT

THROUGH:

FROM:

Christopher R. Mora, P.E., Public Works Director ~ ~topher J. Kafer, Jr., P.E., County Engine~ Michael D. Nixon, P.E., Roadway Production Manager ;P/ Arjuna D. Weragoda, P.E., Project Engineer Aw

SUBJECT:

DATE:

Award of Bid No: 2012037 Miscellaneous Drainage Culvert Replacements IRC Project No. 1142

April26, 2012

DESCRIPTION AND CONDITIONS

The project consists of replacing failed culverts and storm drainage pipes at the following (5) five locations: 7th Avenue SW south of 17th Lane SW, 15th Avenue & 8'h Street, 13th Avenue & 8th Street, 11th Avenue & 4th Street and 25'h Street SW and 17th Avenue SW. Also included in this project will be incidentals such as pavement replacement, signing and marking, landscape, curb and gutter.

The bid opening was held on April 25, 2012. Six (6) bids were received and read aloud. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows:

Timothy Rose Contracting, Inc. Mancil's Tractor Service Felix Associates of Florida, Inc. JoBear/Warden Construction Johnson-Davis, Inc. Faster Marine Contractors, Inc

Vera Beach, FL Stuart, FL Stuart, FL Palm Bay, FL Ft. Pierce, FL West Palm Beach, FL

$380,594.95 $435,617.75 $466,600.25 $470,825.79 $575,000.00 $648,880.40

Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $380,594.95. Timothy Rose Contracting, Inc. has completed various construction projects for the County and has consistently performed work in a satisfactory manner.

35

Miscellaneous Drainage Culvert Replacements Arjuna D. Weragoda, P.E., Project Engineer For May 8, 2012 BCC Meeting

FUNDING

Funding is budgeted and available from Optional Sales Tax/Road and Bridge Account No. 3521441-066340- Drainage Systems in the amount of $380,594c95.

RECOMMENDATION

Staff recommends that the project be awarded to Timothy Rose Contracting, Inc., in the amount of $380,594.95 and recommends authorization for the Chairman to sign the Agreement with Timothy Rose Contracting, Inc.

ATTACHMENTS

1. Sample Agreement

DISTRIBUTION

1. Jerry Davis, Purchasing Manager 2. Terry Cook, Road & Bridge Superintendent 3. Timothy Rose Contracting, Inc.

APPROVED AGENDA ITEM Indian River County Appr..(ed\ Date

Administration 'W '5/3/j::l.

Budoet Ml\ 1!:5/4 /Z.

Legal h .,~ JJ- I .t> -/z_ Public Works c,._ 'I- 2 9 - r2.

Engineering 0-. )~ ~-..lN;t

Purchasing ~ !'-J_- I :1--

36

SECTION 00520- Agreement (Public Works)

TABLE OF CONTENTS

ARTICLE 1 -WORK ................................................................................................................................. 2

ARTICLE 2 -THE PROJECT ............................................................ . . ............................. 2

ARTICLE 3- ENGINEER ............... : .................................................. .

ARTICLE 4- CONTRACT TIMES ........................... . . ....... 2

ARTICLE 5- CONTRACT PRICE ................ . . ............................ 3

................................................................ 5

................................................................ 5

ARTICLE9- ....•.................................................................................. 6

........................................................................................ 7

00520- Agreement (Public Works) SAMPLE. doc

37 00520- 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\A.dmim\agenda items\00520 -Agreement (Public Works) SAMPLE.doc

SECTION 00520- Agreement (Public Works)

THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER)

and~~--~~~~~~==~-------------------------------------------(hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual r.mrAn:~r agree as follows:

ARTICLE 1 -WORK

1.01 CONTRACTOR shall complete all Work as specified Documents. The Work is generally described as

The project consists of replacing the following (5) five locations: -r-h Avenue Street, 131

h Avenue & 8th Street, 11th Avenue SW. Also included in this replacement, signing and marking,

ARTICLE 2 -THE PROJECT

2.01 The Project for which part is generally

Culvert Replacements

Loum:v, Florida south of 1 ylh Lane SW

& a'" Street & 81

h Street 11th Avenue & 41h Street 25th Street SW & 1 yth Avenue SW

pipes at Avenue & fih SW and 171

h

as pavement

3.01 Public Works Department is hereinafter called the ENGINEER and representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4- CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment

00520- Agreement (Public Works) SAMPLE.doc 00520-2

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A. The Work will be substantially completed on or before the 90th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 120th day after the date when the Contract Times commence to run.

B. The Work will be fully completed (Final Completion) and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 1201

h day after the date when the Contract Times commence to run as in paragraph 2.03 of the General Conditions.

4.03 Liquidated Damages

A. CONTRACTOR and OWNER recognize that that OWNER will suffer financial loss if the specified in paragraph 4.02 above, plus

and times

tnr.rl<lr11"" with

B.

Article 12 of the General Conditions. work. The parties also recognize the a legal proceeding the actual loss time. Accordingly, instead of agree that as liquidated pay OWNER $566.00 for paragraph 4.02 for Substantial Substantial if remaining Work OWNER, after the time specified until the I

this portion of in proving in

1 not completed on and CONTRACTOR

as a , CONTRACTOR shall expires after the time specified in

Work is substantially complete. After refuse, or fail to complete the

'"n•~or extension thereof granted by

~~~c~f~or each calendar day that expires c;, and readiness for final payment

for completion of the Work in accordance with the an amount in current funds equal to the sum of the amounts paragraph 5.01.A and summarized in paragraph 5.01.B, below:

stated in CONTRACTOR's Bid, attached hereto as an exhibit.

subject to additions and deductions provided in the Contract::

Written Amount:

ARTICLE 6- PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments


F:\Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\agenda items\00520- Agreemant (Public Works) SAMPLE.doc 39

A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents.

6.02 Progress Payments.

A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER sh I retain ten percent (1 0%) of the payment amounts due to the until fifty percent (50%) completion of the work. After fifty percent of the work is attained as certified to OWNER by ENGINEER in shall retain five percent (5%) of the payment amount due until final completion and acceptance of all work to be under the Contract Documents. Pursuant to Florida Statutes fifty percent (50%) completion means the at which the has expended fifty percent (50%) of the of the work purchased under the Contract with all with existing change orders and construction services work provided under

6.03 Pay Requests.

progress of case of percent 218. 7 '>'"'"'' "''

be submitted on the application for application for payment shall contain

payments will be on the basis of of values established, or in the

number of units completed. After fifty to Florida Statutes section

may submit a pay request to the County as the retainage held by the County as OWNER,

I promptly make payment to the CONTRACTOR subject of a good faith dispute; the subject of a

'""u"""' section 255.05(2005); or otherwise the subject the County as OWNER or the CONTRACTOR. The

aclmc,wl,ed~)es that where such retainage is attributable to the or materials supplied by one or more subcontractors or suppliers,

shall timely remit payment of such retainage to those and suppliers. Pursuant to Florida Statutes section

(c)•(2005), CONTRACTOR further acknowledges and agrees that: 1) as OWNER shall receive immediate written notice of all decisions

CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request.

6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines.

00520 -Agreement (Public Works) SAMPLE.doc 00520-4

F:\Public Works\ENGINEERING DIVISION PROJECTS\1142~Misc Culvert Replacements\Admim\agenda items\00520- Agreement (Public Works) SAMPLE. doc 40

6.05 Acceptance of Final Payment as Release.

A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond.

ARTICLE 7 -INDEMNIFICATION

7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, paragraph 6.20 (Indemnification) of the General Conditions to

ARTICLE 8- CONTRACTOR'S REPRESENTATIONS

6.01 In order to induce OWNER to enter following representations:

A. CONTRACTOR has examined other related data identified in

Documents and the

B. CONTRACTOR has visited the familiar with and is satisfied as to the , progress, and performance of the general, local, and

Work.

C. CONTRACTOR is Regulations

to all federal, state, and local Laws and and performance of the Work.

D. (1) reports of explorations and tests of to the Site and all drawings of physical conditions

subsurface structures at or contiguous to the Site Facilities) which have been identified in the Supplementary in paragraph 4.02 of the General Conditions and (2) reports and

Environmental Condition, if any, at the Site which have been ~n .. ,nt:>lrv Conditions as provided in paragraph 4.06 of the General

E. obtained and carefully studied (or assumes responsibility for having done 1 or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto

F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the


F:\Public Works\ENGJNEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\agenda items\00520 -Agreement (Public Works) SAMPLE.doc 41

Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents.

H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

I. CONTRACTOR has given ENGINEER written notice of all discrepancies that CONTRACTOR has discovered in the written resolution thereof by ENGINEER is acceptable to

J. The Contract Documents are generally sufficient to indicate all terms and conditions for performance and of the

ARTICLE 9 - CONTRACT DOCUMENTS

9.01 Contents

A The Contract Documents consist

1. This Agreement (pages

2. Notice to Proceed

3.

4.

5.

of contents of the Project Manual;

of

of the following: 1142A sheets numbered 1 through 13, 1142B through 9, 1142C sheets numbered 1 through 9, 1142D sheets 9, 1142E sheets numbered 1 through 6 inclusive, with each sheet general title: Culvert Replacement;

8.

9. Appendices to this Agreement (enumerated as follows):

Appendix A - Permits Appendix B - Maintenance of Traffic Plan

10. CONTRACTOR'S BID (pages 00310-1 to 00310-9, inclusive)

11. Bid Bond (pages 00430-1 to 00430-4, inclusive),

12. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive)

00520 -Agreement (Public Works) SAMPLE. doc 00520-6

F:\Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\.A.dmim\sgenda items\00520- Agreement (Public Works) SAMPLE. doc 42

13. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive)

14. Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive),

15. List of Subcontractors (page 00458-1 inclusive).

16. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:

a) Written Amendments;

b) Work Change Directives;

c) Change Order(s).

17. Contractor's Final Certificate of the

ARTICLE 10- MISCELLANEOUS

10.01 Terms

A. indicated in the General Conditions.

10.02

A. under or interests in the Contract will be written consent of the party sought to be moneys that may become due and moneys

v1rnour such consent (except to the extent that the limited by law), and unless specifically stated to the

consent an assignment, no assignment will release or discharge uty or responsibility under the Contract Documents.

A. each binds itself, its partners, successors, assigns, and 1 to the other party hereto, its partners, successors, assigns, and legal

in respect to all covenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

00520 -Agreement (Public Works) SAMPLE. doc 00520- 7

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10.05 Venue

A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida.

[This page was left blank intentionally]

00520 -Agreement (Public Works) SAMPLE. doc 00520-8

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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf.

This Agreement will be effective on , 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement).

OWNER:

INDIAN RIVER COUNTY

By: -:::---;::;-;-:-::-----:----:::::--:-----Gary C. Wheeler, Chairman

By: -:---:-:-::--:-:-::--:--:--:-:-:-:--:--Joseph A. Baird, County Administrator

APPROVED AS TO FORM AND SUFFICIENCY:

By: ~AAI~ann~s~.~~k~Nidh..~s3rr~ .• cc~o~unnt~y~

Jeffrey K. Barton, Clerk of

CONTRACTOR:

License No. ---::-::::-----::---:-7"7----(Where applicable)

(SEAL) Agent for service of process: ______ _

Designated Representative: Name: Title: -------------

Address:

Phone: Facsimi.:-le_: ____________ _

(If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.)

* * END OF SECTION * *

00520- Agreement (Public Works) SAMPLE.doc 00520- 9

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CONSENT: 5/8/12


ATTORNEY

Alan S. Polackwich, Sr., County .Attorney William K DeBraal, Deputy County .Attorney Brooke W. Odom, .Assistant County .Attorney

MEMORANDUM

TO: The Board of County Commissioners

William K. DeBraal - Deputy County Attorney))}~ FROM:

DATE:

SUBJECT:

May 2, 2012

Resolutions Cancelling Taxes on Properties Acquired by the Indian River County Housing Authority for Public Purposes

Through the Neighborhood Stabilization Program, funded through the Housing and Economic Recovery Act of 2008, the Indian River County Housing Authority earlier this year acquired 2 additional parcels of property for use as affordable housing. These parcels are in the process of being quit-claimed over to Indian River County since Indian River County will be actively involved with the Neighborhood Stabilization Program due to Indian River County Housing Authority's withdrawal from the program. Attached are 2 resolutions that have been prepared for the purpose of cancelling any current taxes since being acquired.

8755 105th Court, Vero Beach, Florida 32967 Lot 3, Block 0, Vero Lake Estates, Unit H-3 Acquired from Federal National Mortgage Association (Fannie Mae)

9056 104th Avenue, Vero Beach, Florida 32967 Lot 13, Block T, Vero Lake Estates, Unit H-2 Acquired from Federal Home Loan Mortgage Corporation

COUNTY ATTORNEY 1

RECOMMENDATION:

Authorize the Chairman of the Board of County Commissioners to execute the attached Resolutions to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of same to the Tax Collector and Property Appraiser so that any current taxes can be cancelled.

/nhm Attachments: 3 Resolutions

cc: Carole Jean Jordan -Tax Collector David Nolte - Property Appraiser Robert M. Keating -Community Development Director Bill Schutt- Senior Planner Robin A. Miller- Section 8 Program Manager, Housing Authority

2 47

from Federal National Mortgage Association (Fannie Mae) to Indian River County Housing Authority Neighborhood Stabilization Program (Housing and Economic Recovery Act of 2008) Lot 3, Block 0, Vera Lake Estates, Unit H-3 8755 105'h Court, Vera Beach, FL 32967









and









48




FLORIDA, that:


described lands, which were purchased through the Neighborhood Stabilization

Program from Federal National Mortgage Association (Fannie Mae) by the Indian

River County Housing Authority are hereby cancelled pursuant to the authority of

section 196.28, F.S.

See attached Special Warranty Deed describing lands, recorded in Book 2561 at Page 1917, Public Records of Indian River County, Florida.









2

49





By~-~~~~~~-------Gary C. Wheeler, Chairman


By: __ --=---=-:--,---Deputy Clerk

Tax Certificates Outstanding Yes No

Current Prorated Tax Received and Deposited with Tax Collector $dUo l. i i"

3

APPROVED AS TO FORM AND, ';>!¥,'Al SUm avf!!4;LJ{

WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY

50

2198807 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2561 PG: 1917, 03/19/2012 09:02AM DOC STAMPS D $506.10

s -0 0 I

r.J -0 c-..1

This instrument was prepared by: David Slachter, J.D. Law Offices of Marshall C. Watson. P.A. 1901 W Cypress Creek Road, 3rt! Floor Ft. Lauderdale. FL 33309

WITNESSETH, that the said Grantor, for and in consideration of the sum ofTen Dollars In hand paid by Grantee and other valuable considerations, the receipt whereof Is acknowledged, hereby grants, bargains, and sells to the said Grantee, forever, the following described land in the ~ounty of INDIAN RIVER. State of Florida. to-wit

The property Is commonly known as 8755 1 05TH COURT. VERO BEACH FL 32967. and is more particularly described as:

LOT 3, BLOCK O. VERO LAKE ESTATES UNIT H-3. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 18, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORID .

0

I l I

\ I

51

BK: 2561 PG: 1918

IN WITNESS WHEREOF the undersigned Federal National Mortgage Association has caused these presents to be signed In its name by Its undersigned officers and Irs corporate seal affixed this 9th day of

201

STATE OF FlORIDA)) ss. COUNTY OF BROWARD))

FED RAL~OR

'---E~<be'i>J...H I rand a as Authori!edL_ ___ _., Signatory for Law Offices of Marshall C. Watson, P .A., as Attorney-in-Fact

for FEDERAL NATIONAL MORTGAGE ASSOCIATION

0

5

from Federal Home Loan Mortgage Corporation to Indian River County Housing Authority Neighborhood Stabilization Program (Housing and Economic Recovery Act of 2008) Lot 13, Block T, Vera Lake Estates, Unit H-2 9056 1041

h Avenue, Vera Beach, FL 32g57









and









53




FLORIDA, that:


described lands, which were purchased through the Neighborhood Stabilization

Program from Federal Home Loan Mortgage Corporation by the Indian River

County Housing Authority are hereby cancelled pursuant to the authority of

section 196.28, F .S.

See attached Special Warranty Deed describing lands, recorded in Book 2569 at Page 812, Public Records of Indian River County, Florida.









2

54





By ____ ~~------~-------------Gary C. Wheeler, Chairman


By: ____ -=----..,..,.--,-------Deputy Clerk

Tax Certificates Outstanding ___ _L Yes No

Current Prorated Tax Received and Deposited with Tax Collector $,9-'j'i,%

3

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

BY,IJ/fi_-#: lQ/!_J WILLIAM K. DEBRAAL

DEPUTY COUNTY ATIORNEY

55

22Utl62tl RECORDED IN THE RECORDS OF JEFFREY K BARTON 1 CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2569 PG: 812, 04/18/2012 03:59 PM DOC STAMPS D $520.10

Prenared by!Retum to· The Florida Default Law Group, PL Jonathan Mesker 4921 Memorial Highway, Suite 100 Tampa, Florida 33634 File Number: R1101605S

I) (Space AboveTbls Uae For Rec:onlfDs; Dab~)

Wltnessetb, that said grantor, for and in consideration of the sum ofTEN AND N0/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has gnu1ted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in the lodlan River Co11nty, Florida, to--wit:

LOT 13,BLOCK T, VERO LAKE ESTATES, UNIT H~2, ACCORDING TO THE PLAT ffiEREOF,AS RECORDED IN PLAT BOtTIC 6, PAGE 4, OF THE PUBLrC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.

Parcel Identification Number: 31382800003020000013.0

In Wltnes:::,-.., __ ..;:::

below. Signed, sealed and delivered in our presence:

Federal Home Loan Mortgage Corporation

::?57&j~~ By: linaW Its authorized signor

Notary Publi

Printed Name: -----------

My Commission Expires: ---------

56

BK: 2569 PG: 813

..

REBECCA M. DALY ANDREA SOMERS CHRISTIE ROONEY

EY

D

5

May3, 2012

Leslie Rossway Swan Supervisor of Elections Indian River County

The Honorable Gary Wheeler, Chairman Indian River County Board of County Commissioners Building A 180 1 271

h Street Vero Beach, FL 32960-3388

Dear Chairman Wheeler:

Your Vote Is Your Voice ... Speak Up!

Last week, the Florida Supreme Court granted approval of the proposed Florida House and Senate district lines. The Supervisor of Elections has now finalized Indian River County's new precinct boundary lines.

Previously, Indian River County had 54 voting precincts which were designated ten years ago following the last decennial census. Our office has redrawn new precinct boundary lines and has decreased the number of voting precincts to 37. Decreasing the number of precincts saves taxpayer dollars by reducing the number of test decks needed for the public Logic and Accuracy Test, reducing ballot printing costs, less time is required to layout individual ballot styles, and less time is required to proof fewer ballot styles.

The new precincts are numbered from 1 to 37. Voters will continue to vote at our 22 consolidated locations throughout Indian River County. Our mapping program will generate legal descriptions of the new precinct boundary lines. In an email on August, 8, 2011, Alan Polackwich, County Attorney, indicated that Chris Mora, Director of Public Works, offered his surveyors to review the legal descriptions for the voting precincts which we greatly appreciate.

I respectfully request the Board of County Commissioners approve the Supervisor of Elections proposed plan. In addition I would personally like to thank the Board of County Commissioners, the County Administrator, the County Attorney, the Public Works Department and especially the County Geographic Information Systems Department for assisting in this collaborative redistricting effort.

Sincerely,

Leslie Rossway Swan Supervisor of Elections Indian River County

Enclosure

4375 43'd Avenue, Vero Beach, FL 32967 (772) 226-3440 FAX (772) 770-5367 www. voteindianriver.com

58

CJ'1 (.0

Pet. Numbers 1 2 3 4 5 6

7 8 9 10

11 12

13

14

15

16

17 18 19

20

21

22 23 -- -

24

25

26

27

28

29

30 31

32 33 34 35

36

37

'Name of Polling Place :-i·n-Ciian River Estates -,Fellsmere City Council Chambers

Fellsmere City Cou11cil Chambers -Indian River Estates

Uberty Magnet School

.St Sebastian Catholic Church

St Sebastian Catholic Church -·- . ·-·-

American Legion Hall Post 189

sebastian Elks Lodge No.?!14 · :sebastian Christian Church i -- --· -·. -- -- --. . . --· --:Sebastian Christian Church 1 UbertyMagnet Scho_ol

:Realtors Association IRC

·lnci"ian River Shores Community Center

'Indian River shores community cellter ·+----- -- ----- -- -----------~------------

;Indian River Shore_~_S_om~_~n~ty_~_~ter Christ By The Sea UMC

St Edwards Upper School ·Trinity Episcopal Greai Hall- · -j - . ,. -- ---------

:Trinity Episcop_al(ir~a!J:Iall _ 'Gifford Community Center

--------------

Central Assembly of God

; Unity_ Church ofVero Bea~h ___ _

Unitarian Univer_salistFello_INshipHall ; Our Savior Lutheran Church _,__ -- -- ------ - --- ···-·· --Our Savior Lutheran Church

---- ---------- . -- ---.Royal PalrnCI~_tlo_use ViS(a Ro_yale Vero Beach Highlands P.O.A.

. -- ----- ----------

. Morning_Star Presbyterian Church

. Unitarian Un_iversalist Fello_ws~ipHall Unity Church of Vero Beach

- ----------- -----------

Immanuel Church Indian River Estates - . ···--- ---· John A Crowley Center

-- -------------

Central Assembly of God - --- -.

Gifford Community Center

Realtors Association IRC

INDIAN RIVER COUNTY

VOTING PRECINCTS

Location -- ·----·····-- --·----

!2250 Indian Creek Blvd

l21scvP"ress si i2Ts cvilress st _L _____ ·- ··-· ---------- - . 12250 Indian Creek Blvd

-T6ssiis-1Sts! -

+i3o7s us f-iwv 1 ____ .! _____________________ - --- --

! 13075 US Hwy 1 -~'--- -- - --- -·· .

1807 Louisiana Ave -- fr3{5Ffeming:St----- ----------------

----1~:~ ~~~-~~--- t68so-s1Sis!

---·-·---·· 3250 67th St

16001 Hwy AlA -- i mTf-iwv 11111 - - --

:~ k:~HlnEed~!;ds or ·

_jC~ty_ - -[Vera Beach

· --TFellsmere

,Fellsmere ---+- -----

:vero Beach 'veroBeach

---- _, ____ ----------- --!Sebastian - --t ·-----!Sebastian

- ---+--·----------:sebastian

- :Jse~a~ii~~ -- · ·- -· ---

:sebastian -- -~T ~-~~a~~i:a·~--· .

---------- ' --· --. •Vero Beach

--t·· ------------

'Vero Beach

'liero seach -+----

:vera Beach r-···- ··-·· ----------- ----------------- ~--· ·- --Vero Beach

- - ----- - -· --------- --------r-------

:Vero Beach 1 - -- -- -----

Vero Beach ·vera BeaCh

--- -------i------

~~~1~~~f:~"rd 1:: -- -Tve-ro BeaCh , -- ---- -------- ' . ·---------- --------------1---·-

- -- ----+c------ - - ... 16767 20th St

nn-nu I " m

•950 43rd Ave -- --1'--- -- ·--- ·---·-" -- -- +159.Q??~h~~

j18506t~_A:ve _ 11850 6th Ave 1400 Woodland Dr

·_- :.·-r~~}~i!~~:~~rd~~~~~w--t---- ---· - -- - "

.1590 27th Ave ··----'--------- -------. -·--· --- .

i 950 43rd Ave

~:J~s-~s!~.A~-~-s~: ____ . '2250 Indian Creek Blvd

-- ----+--::------------------------

' 2355 82nd Ave ---1-------·----·--·---· -·- . ·--

6767 20th St

4855 43rd Ave ...... -·----.

3250 67th St

,vero Beach --:vero 13each

--·-·--------,-------- ---

-- ·:vera Beach

- -'vero Beach

-·------- + ---- -----·------------~------ ---

-------:vera· se·aa; · ---------------;------__ , __ ·---- ------- - ---------·-·-. --1 • --·--

Vera Beach . . . ··--· - ---~---- -----j 'Vera Beach

Vero Beach -- _,_ ---- - -- ---

iVero Beach 1 vera Beach

------- _L_ - ---------- ---- --------

'Vera Beach · 'vera seaC:il -- -

;vero Beach

'vera seach - 'vero Beach

'Vera Beach ---·- -----'Vero Beach

----------------1--- --

PUBLIC HEARING: 5/8/12

Office of /0 A~ INDIAN RIVER COUNTY

ATTORNEY

Alan S. Polackwich, Sr., County .Attorney William K. DeBra a!, Deputy County .A ttomey Brooke W. Odom, .Assistant County Attorney

MEMORANDUM


FROM: Alan S. Polackwich, Sr. -County

DATE: May 1, 2012

SUBJECT: Ordinance Amending and Restating Chapter 201, Part Ill (Industrial Pretreatment Regulations} of Indian River County Code

BACKGROUND AND DISCUSSION

State and federal law have required for many years that certain industrial facilities pretreat their wastewater before transferring it into the County's wastewater collection system. As a result, Part Ill of Chapter 201 of the Indian River County Code has set forth the County's industrial pretreatment regulations since 1994. The regulations were amended and restated in 2007 to incorporate changes in the law. Now, with the expansion and new operating permit for the West Regional Wastewater Treatment Facility, the County is required to further amend and restate the regulations to incorporate the latest changes in the law. All changes, except minor housekeeping items, are required by either state or federal law. The Florida Department of Environmental Protection has reviewed and approved the attached proposed ordinance making these changes.

It should be noted that there is currently only one industrial facility in Indian River County which meets the criteria for compliance with the pretreatment regulations. That facility was sent a copy of the proposed ordinance and advised of the May 8, 2012 scheduled public hearing.

The proposed ordinance is submitted for public hearing and final adoption.

RECOMMENDATION

The County Attorney and the Utilities Department recommend that the Chairman open the public hearing, take public comment and close the public hearing and then adopt

' the attached proposed ordinance. r:: ;;11i·o.:·- f'v~r Co Ap.pi(W~d

\ --· -~- ~ a P-.C~Td\1.

Dale

513}/'J-·-··-- ,...(;, ~ 1.5 .• I • ' 2-U!-;a!

ASP/nhm 5- Y- !47 t Attachment: Proposed Ordinance f'E;:Jog~\ tj ?IZ 11--,_ --

\I'C\ I "' \OZ--i Dept. hltc_ t1ea.n 113

EY 1 Risk Mgr. ~ i-C/1 V\J

ORDINANCE NO. 2012-__

AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING AND RESTATING PART III (INDUSTRIAL PRETREATMENT REGULATIONS) OF CHAPTER 201 OF THE · CODE OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, due to the expansion and new operating permit for the West Regional Wastewater Treatment Facility, it is necessary to amend Part Ill of Chapter 201 of the Code of Indian River County, Florida to meet state and EPA rules.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS . OF INDIAN RIVER COUNTY, FLORIDA:

SECTION 1. PART Ill OF CHAPTER 201 OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IS HEREBY AMENDED AND RESTATED AS FOLLOWS:

PART Ill. THE INDIAN RIVER COUNTY INDUSTRIAL PRETREATMENT REGULATIONS ORDINANCE

Section 201.61. ·Industrial pretreatment regulations adopted.

Industrial pretreatment regulations for industrial users are have seeR amended and restated aaef:!tea by Ordinance No.~ 2012- . and are codified in full in Part Ill of Chapter 201 of The Code.

Section 201.62. Purpose; applicability; jurisdiction.

(A) This part sets forth uniform requirements for users of the publicly owned treatment works of the county and enables the county to comply with all applicable state and federal laws, including the Clean Water Act, as amended (33 United States Code section 1251 et seq.); the National Pollutant Discharge Elimination System ("NPDES") permit regulations, codified in 40 Code of Federal Regulations ("CFR") Part 122, and the Pretreatment Requirements for Existing and New Sources of Pollution, codified in Chapter 62-625, Florida Administrative Code ("FAC").

(B) The purpose ofthis Part Ill of Chapter 201 of The Code is:

(1) To prevent the introduction of pollutants into the publicly owned treatment works that; will interfere with the normal operation of the publicly owned treatment works;

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1

61


(2) To prevent the introduction of pollutants into the publicly owned treatment works that do not receive adequate treatment, and that will pass through the publicly owned treatment works into the environment, or otherwise be incompatible with the publicly owned treatment works;

(3) To protect both the general public and publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment;

(4) To promote reuse and recycling of industrial wastewater and sludge from publicly owned treatment works;

(5) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and

(6) To enable the county to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.

(C) This part shall apply to all users of the publicly owned treatment 'A'<lrks. This part authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

(D) This part shall not be deemed to alleviate compliance with applicable state and federal regulations. Specific user charge and industrial cost recovery requirements, promulgated by resolution passed by the board of county commissioners, shall be considered as a part of this Part Ill of Chapter 201 of the Code upon official adoption.

(E) Unless otherwise provided herein, this Part Ill shall apply only to unincorporated areas of the county where the county provides or plans to provide wastewater service in accordance with the provisions of the county comprehensive plan and to areas of the county which discharge wastewater to the county wastewater system through a multijurisdictional agreement pursuant to this Part Ill of Chapter 201 of the Code.

Section 201.63. Administration.

Except as otherwise provided herein, the county administrator shall administer, implement, and enforce the provisions of this part. Any powers granted to, or duties imposed upon, the county administrator in this part may be delegated by the county administrator to the director, or other designee, and the term "county administrator" shall be deemed to include any such designee. The county administrator is responsible for the development and promulgation of the necessary rules and regulations for the administration and enforcement of this Part Ill of Chapter 201 of the Code.

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Section 201.64. Definitions; construction and interpretation.

(A) Unless the context specifically indicates otherwise, the meaning of the following terms used in this part shall be defined as follows:

(1) Act: The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 12S1 et seq.

(2) Approval authority: The State of Florida Department of Environmental Protection ("FDEP").

{a} If tile Hser is a eerJ)eratieR, tile JlresieeRt, seeretapt, treasHrer, er a viee JlresieeRt sf tile eerJJsratieR iR ellarge sf a JlFiREiJlal 8HsiRess fuRetieR, sr aRy etiler JlerseR wile Jlerferms similar JlSiiey SF eeeisiSR maiEiRg fuAetiSAS fer tile ESrfjSratieA.

~ If tile Hser is a JlartAersiliJJer ssle JlrSJJrietsrsiliJl, a geAeral JlartAer er JlFSJlrieter, resJJeetively.

~ If tile Hser is a feeeral, state, sr lseal gsverRmeAtal faeility, a elireeter sr iligllest sffieial 8JlJlSiAtee SF eesigAated ts sversee tile SJleratisR aRe J)erfermaRee ef tile aetivities sf tile gsverRmeRt faeility, SF tileir GesigAee.

id} Tile iReivielHals aeserisea iA JlaragraJlils (1) tilreHgil (3), aseve, may aesigRate aRetiler aHtileri~ee reJ)reseRtative iftile aHtileri~atieR is iR writiRg, tile aHtileri~atieR SJleeifies tile iRai•;ieHal er JlSSitieA resJ)eRsisle fer tile everall SJleratieR sf tile faeility frsm wilieR tile eisellarge erigiRates er lla•;iRg eve rail reSJlSRsisility fer eRvireRmeAtal matters fer tile esmJlaAy, aAel tile •.witteR aHtilsri~atisR is SHBmitted tS tile ESHAt'( aemiRiStratsr.

ill Best Management Practices or "BMPs" mean schedules of activities, prohibitions of practices, maintenance procedures. and other management practices to implement the prohibitions listed in subsections 62-625.400(1)(a) and (2), F.A.C. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, industrial sludge or waste disposal, or drainage from raw materials storage.

ill Categorical Industrial User means an industrial user subject to categorical pretreatment standards under Rule 62-625.410, F.A.C .. including 40 CFR Chapter I. Subchapter N, Parts 405 through 471. as of July 1, 2009, hereby adopted and incorporated by reference.

~ill Categorical Pretreatment Standards: Any regulation containing pollutant discharge limits promulgated by U.S. Environmental Protection Agency €PA in accordance with Sections 307(b) and (c) of the Act that apply to a specific category of users and appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

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(§]_ Control authority: The agency, service, organization or authority with the responsibility of control of the industrial pretreatment program.

~ lZl Cooling water: The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

l§l Daily Maximum: The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

!Sl-i21 Director: Director means the director of the county's department of utilities services or the director's designee.

{7}(10) Domestic wastewater: Wastewater derived principally from dwellings, business buildings, institutions, and other non-industrial sources.

\&Hill Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, or other duly authoriled official, of such agency.

l9t f.!ll Existing source: Any source of discharge, the construction or operation of which began before publication by EPA of proposed categorical pretreatment standards, and to which categorical pretreatment standards will be applicable if the categorical pretreatment standard is thereafter promulgated in accordance with Section 307 ofthe Act.

f±G}@ Grab sample: A sample that is taken from a waste stream without regard to the flow in the waste stream and taken over a time period not to exceed fifteen (15) minutes.

{±±} 111l_lndirect discharge or discharge: the introduction of pollutants into the J>G+W publicly owned treatment works from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.

~@Industrial user: Any user other than a domestic wastewater user.

~ (16) Industrial wastewater: Any discharge to the POTW other than segregated domestic wastes or wastes from sanitary conveniences.

~ i!Z)_Jnstantoneous maximum allowable discharge limit: The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent ofthe industrial flow rate and the duration ofthe sampling event.

~ 11m_ Interference: A discharge that, alone or in conjunction with a discharge or discharges from other sources, both: (a) inhibits or disrupts the POTW, its treatment processes or operations, or its

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64


domestic wastewater residuals processes, use or disposal; and (b) is a cause of a violation of any requirement of the county's NPDES or FDEP permits (including an increase in the magnitude or duration of a violation), or prevents use or disposal of domestic wastewater residuals by the county in compliance with Florida Statutes Chapter 403 and FDEP rules.

(19) Local Limit: Specific discharge limits developed and enforced by the county upon industrial or commercial facilities to implement the general and specific discharge prohibitions as referenced in section 201.65 of this ordinance and as listed in 40 CFR 403.5(a) (1) and (b).

!±6} (20) Medical waste: Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

(21) Monthly Average: The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

f17l (22) New source:

(a) Any building, structure, facility, or installation from which there is or may be a discharge, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

{±)ill The building, structure, facility, or installation is constructed at a site at which no other source of discharge is located;

f211ill The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

tJtlliil The production or wastewater generating processes of the building structure, facility, or installation are substantially independent of an existing source of discharge at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source shall be considered;

(b) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation . meeting the criteria of subparagraphs (a)(2) or (a)(3) above but otherwise alters, replaces, or adds to existing process or production equipment; or

(c) Construction of a new source, as defined herein, has commenced if the owner or operator has:

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Will Begun, or caused to begi~ as part of a continuous on-site construction program (a) any placement, assembly, or installation of facilities or equipment, or (b) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment, or

!lHill Entered into a binding contractual obligation for the purchase of facilities or equipment, which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.

{±&}~Pass through: The discharge through the PG+W publicly owned treatment works into waters of the state or of the United States in quantities or concentrations which, alone or in conjunction with discharges from other sources, is a cause of a violation of any requirement of the county's NPDES permits (including an increase in the magnitude or duration of a violation).

f±9} (24) Person means any individual, partnership, limited liability company, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

~ (25) Pollutant: Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, [as such terms are herein defined] toxicity, or odor).

{,H1 (26) POTW or publicly owned treatment works: A "treatment works," as defined by Section 212 of the Act that is owned by Indian River County. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances that convey wastewater to a treatment plant.

~ (27) Pretreatment: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration ofthe pollutants unless allowed by an applicable pretreatment standard.

fJ3j (28) Pretreatment requirements: Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

~ (29) Pretreatment standards or standards: Prohibited discharge standards, categorical pretreatment standards, and Local Limits.

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Rst (30) Prohibited discharge standards or prohibited discharges: Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 201.65 hereof.

lll)_ Responsible Corporate Officer:

(a) A president, secretarv. treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or

(b) The manager of one or more manufacturing, production, or operating facilities, provided, the manager:

(i) Is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations;

(ii) Is authorized to initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations;

(iii) Can ensure that the necessarv systems are established or actions taken to gather complete and accurate information for control mechanism requirements;

(iv) Has been assigned or delegated the authority to sign documents in accordance with corporate procedures.

~ ilfl Septic tank waste: Any wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

fPt (33) Significant industrial user: Any user of the POTW that is subject to categorical pretreatment standards; or a user that (a) discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater);, (b) contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (c) is designated as such by the county, on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. Upon a finding that an industrial user meeting criteria (2) (a) or (b) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the county may, at any time, on its own initiative or in response to a petition received from an industrial user and in accordance with Rule 62-625.500(2)(e), FAC, if applicable, determine that such industrial user is not a significant user.

~ (34) Slug: Any discharge of any substance released in/or at a rate or concentration which, could cause a violation of the prohibited discharge standards.

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(35) Slug Discharge: Any discharge of a non routine. episodic nature, which has a reasonable potential to cause interference or pass through, or in any other way violate the wastewater facilitv's regulations, Local Limits or permit conditions.

{;!91 (36) Toxic pollutant: Any pollutant or combination of pollutants listed as toxic by the administrator of the Environmental Protection Agency under the provisions of Section 301(a) of the Act and listed in 40 CFR 401.15.

(37) Treatment Plant means that portion of a wastewater facilitv which is designed to provide treatment (including recycling and reclamation) of domestic and industrial wastewater.

~ 1lru. Upset: An exceptional incident in which a user unintentionally and temporarily is in a state of noncompliance with the standards adopted under this Part Ill or established as part of its wastewater discharge permit, due to factors beyond the reasonable control of the user, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operations thereof.

~ il2J. User or industrial user: A source of indirect discharge.

~ (40) Wastewater: Industrial or domestic wastewaters from dwellings, commercial buildings, industrial facilities, and institutions together with any groundwater, surface water and stormwater that may be naturally present, whether treated or untreated, which is discharged into the POTW.

~ (41) Wastewater discharge permit: Industrial wastewater discharge permit issued by the county to all significant industrial users pursuant to this part.

\J41 (42) Wastewater standard parameters:

(a) 8.0.0. (Biochemical Oxygen Demand): the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty {20) degrees · C., expressed in parts per million by weight, and determined by 40 CFR Part 136.

{b) pH: the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution, as determined by 40 CFR Part 136.

(c) ppm or mg/1: shall mean parts per million, a ratio by weight, and interchangeable with milligrams per liter.

{d) Suspended solids: the solids that either float on the surface of, or in suspension in, the wastewater, expressed in ppm, as determined by 40 CFR Part 136.

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(f) Toto/solids: The total weight, expressed in ppm or mg/1, of all settleable suspended, or dissolved solids in the wastewater, as determined by 40 CFR Part 136.

(B) This part shall be liberally construed to carry out effectively the intent and purpose of this part. Where any provision of Part Ill of Chapter 201 of The Code refers to or incorporates another provision, statute, rule, regulation, or other authority, this part refers to the most current version, including and incorporating any amendments thereto or renumbering thereof.

(C) For the purposes of administration and enforcement of this Part Ill of Chapter 201 of The Code, unless otherwise stated in this Part Ill, the following rules of construction shall apply to the text of this division: when not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular; words in the singular number include the plural; the terms "hereof', "hereby", "herein", 11 hereto", "hereunder11 and similar terms refer to this part and this Part Ill of Chapter 201 of the Code. The word "shall" is always mandatory and not merely discretionary. The definitions set forth in section 201.01 of this chapter are also applicable to this Part Ill.

Section 201.65. Prohibited discharge standards.

(A) General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater that causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

(B) Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

(1) Pollutants that create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flash point of less than 140 F" {60" C) using the test methods specified in 40 CFR 261.21;

(2) Wastewater having a pH less than 5.5 or more than 9.5, or otherwise causing corrosive structural damage to the POTW or equipment;

{3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference;

(4) Pollutants, including oxygen-demanding pollutants (B.O.D., etc.), released in a discharge at a flow rate and/or pollutant concentration that, either singly or by interaction with other pollutants, will cause interference with the POTW;

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ORDINANCE NO. 2012··--

(5) Wastewater having a temperature greater than 140oF (60° C), or that will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction to the treatment plant to exceed 104° F (40°C};

(6) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

(8) Trucked or hauled pollutants, except at discharge points designated by the county administrator in accordance with Section 201.72 of this ordinance;

(9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into sewers for maintenance or repair;

(10) Wastewater which imparts color that cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the county's NPDES permit;

(11) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;

(12) Sludges, screenings, or other residues from the pretreatment of industrial waste, unless permitted to do so;

(13) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;

(14) Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW; or

(15) Fats, oils, or greases of animal or vegetable origin in concentrations greater than in section 201.68 of this ordinance;

(C) Pollutants, substances, or wastewater prohibited by this section 201.65 shall not be processed or stored in such a manner that they could be discharged to the POTW.

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Section 201.66. National Categorical Pretreatment Standards.

(A) The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405-471 are hereby incorporated herein in their entirety by this reference as if fully set forth herein.

(B) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the county administrator may impose equivalent concentration or mass limits in accordance with Rule 62-625.410(4), F.A.C.

(C) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the county administrator shall impose an alternate limit using the combined wastestream formula in Rule 62-625.410(6), F.A.C.

(D) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in Rule 62-625.700, F.A.C., that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

(E) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15 and Rule 62-625.820, F.A.C.

Section 201.67. State of Florida Pretreatment Standards. All provisions of FAC, Chapter 62 are hereby incorporated herein in their entirety by this reference as if fully set forth herein.

Section 201.68. Specific Local Limits leeallimits on discharge.

(/\) The fellewiAg I'JSII~taAt limits are estaalishea te J3Feteet agaiAst 13ass thre~gh aAa iAterfereAee. Ne J3erseA shall aiseharge wastewater eeAtaiAiAg iA el<Eess ehhe fellewiAg iAstaAtaAee~s mal<im~m allewaale aiseharge limits:

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TABLE INSET. PtlLLUTJ\NT teellt:

l:tMIT

MEASURE-

MEiff

~ \W1-mgil: Cad!JriOIJI . e.eeemgrL. Chrolnit:Uti, Tot~l ~

Cya11ide

tea€1-

Mol)bdenum

fNiei<et- -·· .

. .

Silver- ~ 'i5ne- 8.19mgl' ... Tt>l!ll Bisstll<ed Solids (TDS) 1299 mgiC

S001ngil:

500-ffl!ll!. folal PI IOSpl 101 US ('FPj

-46mglt Fats, Oils, & Stease 400fflglt

PI+ 5.5 te 9.5 'Feffi~8ffl!Hfe

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(B) TRe a save limits a~~ly at tRe ~aiAt wRere tRe wastewater is eliseRargeel ta tRe POThV. All eaAeeAtratiaAs fer metallie s~sstaAees are fer tatal metal ~Riess iAelieateel etRerwise. TRe ea~At'{ aelmiAistratar may im~ase masslimitatiaAs iA aelelitiaR ta, ariA ~laee ef, tRe eeAeeRtratieA saseel limitatieAs aeeve. (C) ne ea~Rt)' reserves tRe rigRt ta ameAel tRis ereliRaRee ta ~raviele fer mare striRgeRt limitatiaRs er reEj~iremeAts eR eliseRarges ta tRe POW/ wRere eleemeel Reeessary ta eam~ly witR tRe asjeetives set fertR iA tRis ~art.

No person shall discharge wastewater containing pollutants in excess of the Local Limits for those pollutants which have been established for Indian River County's wastewater facilities using standard procedures, calculations and methods acceptable to FDEP to protect against pass through. interference. protection of wastewater facility employees, and adverse affects on wastewater residuals disposal. No industrial user shall discharge process waste streams, unregulated waste streams, or dilute waste streams in excess of the concentrations set forth by the County Administrator. Local Limits shall be included as permit conditions and attached to each significant industrial user wastewater permit issued. The established Local Limits are subject to change and shall be modified as needed based on regulatory requirements and standards, wastewater facility operation. performance and processes, the industrial us€r base. potable water quality and domestic wastewater characteristics. Modifications to the established Local Limits must be reviewed and approved by FDEP prior to implementation. Implementation shall be effective 30 days from notice of acceptance of the modified limits by FDEP. Permitted significant industrial users shall also be issued an addendum to their wastewater discharge permit containing the new Local Limits. The established Local Limits apply at the point where the wastewater is discharged to the wastewater facility. All concentrations for metallic substances are for total metal unless indicated otherwise. At his or her discretion, the County Administrator may impose mass limitations in addition to or in place of the concentration-based limitations. A copy of the approved Local Limits is available upon request at the following location: Utility Operations Center, 4350 41" Street, Vero Beach. FL 32967.

Section 201.69. Prohibited acts.

It shall be unlawful for any person to discharge any pollutant into the POTW or a connected system except when such discharge is in compliance with federal standards promulgated pursuant to the Act, and any other more stringent state and local standards. Wastes containing concentrations in excess of the National Categorical Pretreatment Standards are prohibited. New sources shall be subject to proposed standards which are thereafter promulgated in accordance with the Act. No user shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Pretreatment Standards, or in any other pollutant specific limitation developed by the county. No user shall increase the use of potable or processed water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this part or any other applicable standard, limitation, or regulation.

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Section 201.70. Pretreatment of wastewater.

(A) Facilities. Users shall provide wastewater treatment as necessary to comply with this part and shall achieve compliance with all categorical pretreatment standards, Local Limits lasal limits, and the prohibitions set out in section 201.65 of this Part Ill within the time limitations specified by EPA, the state, or the county administrator, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the county administrator for review, and shall be acceptable to the county administrator before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to Indian River County under the provisions of this part.

(B) Additional measures. Whenever deemed necessary, the county administrator may require that users with the potential to discharge inflammable substances may be required to install and maintain an approved combustible gas detection meter.

Section 201.71. Accidental discharges/slug control plans.

At least once every two (2) years, the county administrator shall evaluate whether each significant industrial user needs an accident discharge/slug control plan. The county administrator may require any user to develop, submit for approval, and implement such a plan. Alternatively, the county administrator may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

(a) Description of discharge practices, including non routine batch discharges;

(b) Description of stored chemicals; procedures for immediately notifying the county administrator or his designee of any accidental or slug discharge, as required in section 201.76(b); and

(c) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

Section 201.72. Hauled wastewater.

(A) Septic tank waste may be introduced into the POTW only at locations designated by the county administrator, and at such times as are established by the county administrator. Such waste shall not violate section 201.65, 201.66, 201.67, 201.68, and 201.69 of this part or any other requirements

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established by the county. The county administrator may require septic tank waste haulers to obtain wastewater discharge permits.

(B) The county administrator shall require haulers of industrial waste to obtain wastewater discharge permits. The county administrator may require generators of hauled industrial waste to obtain wastewater discharge permits. The county administrator also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this part.

(C) Industrial waste haulers may discharge loads only at locations designated by the county administrator. No load may be discharged without prior consent of the county administrator. The county administrator may collect samples of each hauled load to ensure compliance with applicable standards. The county administrator may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

(D) Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known ()r suspected waste constituents, and whether any wastes are RCRA (Resource Conservation and Recovery Act) hazardous wastes.

Section 201.73. Wastewater discharge permit--Application.

(A) Wastewater analysis. When requested by the county administrator, a user must submit information on the nature and characteristics of its wastewater within fifteen (15) days of the request. The county administrator is authorized to prepare a form for this purpose and may periodically require users to update this information.

(B) Permit required.

(1) No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the county administrator, except that a significant industrial user that has filed a timely application pursuant to section 201.73(C) of this part may continue to discharge for the time period specified therein.

(2) The county administrator may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this part.

(3) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this part and subjects the wastewater discharge permittee to the sanctions set out in section 201.68 through 201.70 of this part. Obtaining a wastewater discharge permit does not relieve a

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permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.

(C) Existing connections. Any user required to obtain a wastewater discharge permit who was discharging into the POlW prior to the effective date of this part and who wishes to continue such discharge in the future, shall, within twenty (20) days after the effective date of this part, submit a completed application to the county administrator for a wastewater discharge permit in accordance with section 201.73.E of this part. Thereafter such user shall not cause or allow discharges to the POlW to continue after sixty (60) days after the effective date of this part except in accordance with a wastewater discharge permit issued by the county administrator.

(D) New connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POlW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with section 201.73(E) of this part, must be filed at least sixty (60) days prior to the date upon which any discharge will begin or recommence.

(E) Wastewater discharge permit application contents. All users required to obtain a wastewater discharge permit must submit a permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. The county administrator may require all users to submit as part of an application the following information:

(1) All information required under section 201.76 of this part;

(2) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POlW;

(3) Number and type of employees, hours of operation, and proposed or actual hours of operation;

(4) Each product produced by type, amount, process or processes, and rate of production;

(5) Type and amount of raw materials processed (average and maximum per day);

(6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

ill The location for monitoring all wastes covered by the permit:

A ffi1 Time and duration of discharges; and

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!&} m Any other information as may be deemed necessary by the county administrator to evaluate the wastewater discharge permit application.

fB A~~liEatieA sigAataries aAB Eertifi£atiaA. All 'o\'astewater BisEharge ~ermit a~~liEatiaAs aRB ~ser re~arts m~st se sigAeB sy aA a~theri2eB re~reseAtative af the ~ser aRB €9AtaiA the fallawiAg eertifiEatiaR statemeRt: "I EertiiV ~REier ~eAalt•t af law that this BSE~meRt aRB all attaEhmeAts were ~re~areB ~REier my ~ireEtieR er s~~eFVisieR iR a€€erBaA€e with a system BesigReB ta ass~re that ~~alifieB ~erseRRel we~erly gather aRB eval~ate the iRfarmatieR s~smitteB. BaseB eR my iR~~iry afthe ~ersaR ar ~ersaRs wtla maAage ttle system, er these ~ersaAs aire€!1'( res~aAsiele far gattleriRg ttle iRfarmatiaA, ttle iAfarmatiaR s~emittea is, ta the sest af my JmawleBge aRB eelief, tr~e, aEE~rate, aRB Eam~lete. I am aware that there are sigRifiEaRt ~eRalties far s~smittiRg false iRfarmatiaR, iREI~BiAg the ~assieilit'( af RAe aAeJ imWiSSRAAeAt far IIRSWiAg VialatiSAS."

l.El Signatory requirements for industrial user reports. The reports shall include the certification statement as set forth in subparagraph 62-625.410(2)(b)2 .. F.A.C.. and shall be signed as follows:

ill By a responsible corporate officer, ifthe industrial user submitting the reports is a corporation:

ill By a general partner or proprietor, if the industrial user submitting the report is a partnership or sole proprietor respectively:

ill By a duly authorized representative

l£.1 The authorization is made in writing

ili.l The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates. (such as the position of plant manager, operator of a well. or well field superintendent, or a position of equivalent responsibility) or having overall responsibility for environmental matters for the company, and

l£l The written authorization is submitted to the control authoritv:

ill If an authorization under paragraph (3) above is no longer accurate because a different individual or position has responsibility for the overall operation of the facilitv. or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of paragraph (3) above must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative: or

ill By a duly authorized municipal official, if the industrial user submitting the reports is a municipal department.

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.{§1 Signatory requirements for control authority reports. Reports submitted to the FDEP by the control authority must be signed by a principal executive officer, ranking elected official. or other duly authorized employee. The duly authorized employee must be an individual or position having responsibility for the overall operation of the wastewater facility or the pretreatment program. This authorization must be made in writing by the principal executive officer or ranking elected official, and submitted to the FDEP prior to or together with the report being submitted.

lli.l Provisions governing fraud and false statements. Any person. including a responsible corporate officer. submitting or maintaining reports and other documents required under this chapter shall be subject to the civil and criminal penalties of Section 403.161. F.S .. for any falsification described in that section.

ill Record-keeping requirements.

ill Any industrial user and control authority subject to the reporting requirements established in this chapter shall maintain records of all information resulting from any monitoring activities required by this chapter. including documentation associated with Best Management Practices. All sampling and analysis activities shall be subject to the record-keeping requirements specified in Chapter 62-160, F.A.C.

ill Any industrial user or control authority subject to the reporting requirements established in this chapter. including documentation associated with Best Management Practices . shall be required to retain for a minimum of 3 years any records of monitoring activities and results (whether or not such monitoring activities are required by this chapter) and shall make such records available for inspection and copying by the FDEP (and control authority in the case of an industrial user). This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or control authority.

ill Any control authority to which reports are submitted by an industrial user shall retain such reports for a minimum of 3 years and shall make such reports available for inspection and copying by the FDEP. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or the operation ofthe pretreatment program.

ill The control authority must retain documentation to support the control authority's determination that a specific industrial user qualifies for reduced reporting requirements for a period of 3 years after the expiration of the term of the control mechanism.

{G} ill Permit decisions. The county administrator will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the county administrator will determine whether or not to issue a wastewater discharge permit. The county administrator may deny any application for a wastewater discharge permit.

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Section 201.74. Wastewater Discharge Permit Same--Issuance process.

(A) Permit duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed two (2) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than two (2) years, at the discretion of the county administrator. Each wastewater discharge permit will indicate a specific date upon which it will expire.

(B) Permit contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the county administrator to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

(1) Wastewater discharge permits must contain:

(a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed two (2) years;

(b) A statement that the wastewater discharge permit is nontransferable without prior notification to the county in accordance with section 201.74.E. of this part, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

(c) Effluent limits based on applicable pretreatment standards;

(d) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law; al*l

(e) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law; and.

ill Requirements to control Slug Discharge if determined by the Countv Administrator to be necessary.

(2) Wastewater discharge permits may contain, but need not be limited to, the following conditions:

(a) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

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(b) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

(c) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;

(d) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POlW;

(e) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POlW;

(f) Requirements for installation and maintenance of inspection and sampling facilities and equipment;

(g) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and

(h) Other conditions as deemed appropriate by the county administrator to ensure compliance with this part, and state and federal laws, rules, and regulations.

(C) Wastewater discharge permit appeals.

{1) The county administrator shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the county administrator to reconsider the terms of a wastewater discharge permit within thirty (30) days of notice of its issuance.

(2) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

(3) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

(4) The effectiveness ofthe wastewater discharge permit shall not be stayed pending the appeal.

(5) If the county administrator fails to act within thirty {30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a

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wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

(6) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a writ for common law certiorari in the circuit court in Indian River County.

(D) Wastewater discharge permit modification. The county administrator may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(1) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

(2) To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;

(3) A change in the POTW that requires either a temporary or permanent reduction or elimination ofthe authorized discharge;

(4) Information indicating that the permitted discharge poses a threat to the county's POTW, county personnel, or the receiving waters;

(5) Violation of any terms or conditions of the wastewater discharge permit;

(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

(7) Revision of or a grant of variance from categorical pretreatment standards pursuant to Rule 62-625.700, FAC;

(8) To correct typographical or other errors in the wastewater discharge pemnit; or

(9) To reflect a transfer of the facility ownership or operation to a new owner operator; provided, however, that a permit modification shall only be granted if the permit is transferable pursuant to section 201.74.E of this part.

(E) Wastewater discharge permit transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least sixty {60) days advance notice to the county administrator and the county administrator approves the wastewater discharge permit transfer. The notice to the county administrator must include a written certification by the new owner or operator that: (a) states that the new owner and/or operator has no immediate intent to change the facility's operations and processes; (b) identifies the specific date on which the transfer is to occur; and (c)

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acknowledges full responsibility for complying with the existing wastewater discharge permit. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

(F) Wastewater discharge permit revocation. The county administrator may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(1) Failure to notify the county administrator of significant changes to the wastewater prior to the changed discharge;

(2) Failure to provide prior notification to the county administrator of changed conditions pursuant to section 201.76(F) of this part;

(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

(4) Falsifying self-monitoring reports;

(5) Tampering with monitoring equipment;

(6) Refusing to allow the county administrator timely access to the facility premises and records;

(7) Failure to meet effluent limitations;

(8) Failure to pay fines;

(9) Failure to pay sewer charges;

(10) Failure to meet compliance schedules;

(11) Failure to complete a wastewater survey or the wastewater discharge permit application;

(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

(13) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit orthis part.

(G) Voidance of wastewater discharge permit. Wastewater discharge permits shall be void upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

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(H) Wastewater discharge permit re-issuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit re-issuance by submitting a complete permit application, in accordance with section 201.73(F) of this part, a minimum of sixty (60) days prior to the expiration of the user's existing wastewater discharge permit.

Section 201.75. Regulation of waste received from other jurisdictions.

(A) If another municipality, or user located within another municipality, contributes wastewater to the POTW, the county administrator shall engage in negotiations with the municipality and attempt to negotiate an interlocal agreement with the contributing municipality for final approval by the board of county commissioners.

(B) Prior to bringing any such interlocal agreement to the board of county commissioners, the county administrator will request the following information from the contributing municipality:

(1) A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

(2) An inventory of all users located within the contributing municipality that are discharging to the POTW; and

(3) Such other information as the county administrator may deem necessary.

(C) An interlocal agreement, at a minimum, shall contain the following conditions:

(1) A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Part Ill and Local limits leeallimits which are at least as stringent as those set out in this Part Ill. The requirement will specify that such ordinance and limits must be revised as necessary to reflect changes made to the county's ordinance or Local limits leeallimits;

(2) A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

(3) A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the county; and which of those activities will be conducted jointly by the contributing municipality and the county;

(4) A requirement for the contributing municipality to provide the county administrator with access to all information that the contributing municipality obtains as part of its pretreatment activities;

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(5) Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;

(6) Requirements for monitoring the contributing municipality's discharge;

(7) A provision ensuring the county administrator access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the administrator;

(8) A provision specifying remedies available for breach of the terms of the interlocal agreement;

(9) A provision for administration of costs and fees; and

(10) Where applicable, the interlocal agreement should specify that the municipality (in which the POTW is located) has the right to take legal action to enforce the terms of the contributing municipality's ordinance or to impose and enforce pretreatment standards and requirements directly against noncompliant dischargers.

Section 201.76. Reporting requirements.

(A) Baseline monitoring reports. Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under Rule 62-625.410(2)FAC, whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the county administrator a report that contains the information listed in section 201. 76(B). At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the county administrator a report which contains the information listed in section 201.76(B) of this part. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

(B) information required. Users described above shall submit the information set forth below:

(1) Identifying information. The name and address of the facility, including the name of the operator and owner.

(2) Environmental permits. A list of any environmental control permits held by or for the facility.

(3) Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.

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(4) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in Rule 62-625.410{6}, FAC.

(5) Measurement of pollutants.

W Ti1e eategarieal ~retreatmeAt staAEiarEis a~~lieasle ta eaeR reg~lateEI ~raeess .

.@1 The industrial user shall identify the pretreatment standards applicable to each regulated process.

\&} Ti1e res~lts af sam~liAg aREI aAalysis iEieRtifyiRg ti1e Rat~re aAEI eaAeeAtratiaA, aAEI/ar mass, wi1ere re£l~ireEI 8y ti1e staAEiarEI ar 8y ti1e ea~Aty aEimiAistratar, af reg~latea ~all~taAts iA tRe Elisei1arge fram eaeR regYiateEI ~raeess. IAstaAtaAea~s. Elaily maltiAHlm, aRe laRg term average eaReeRtratiaRs, er mass, wi1ere re£l~ireEI, si1all 8e re~erteEI. Ti1e sam~le si1all 8e re~reseRtative ef Elaily e~eratieRs aREI si1all se aRaly<ea iR aeeareaAee witR ~reeeaYres set e~t iR seetieA 291.76(J) ef ti1is ~art.

lhl In addition. the industrial user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the pretreatment standard or control authoritv) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and be in accordance with section 201.79 of this Ordinance. In cases where the pretreatment standard requires compliance with a Best Management Practice or pollution prevention alternative, the industrial user shall submit documentation as required by the control authoritv or the applicable standards to determine compliance with the standard.

{€} Sam~liAg m~st 8e ~erfarmea iA aeeereaRee witR ~reeea~res set a~t iA seetieR 291.76(K) ef ti1is pa4.-

{6) Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance {O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

{7) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in section 201.76(C} of this part.

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ORDINANCE NO. 2012--__

(8} Signature and certification. All baseline monitoring reports must be signed and certified in accordance with section 201.73.F. ofthis part.

(C) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by section 201.76(B}(7} of this part:

(1} The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation};

(2} No increment referred to above shall exceed nine (9} months;

(3} The user shall submit a progress report to the county administrator. No later than fourteen (14} days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

(4} In no event shall more than nine (9} months elapse between such progress reports to the county administrator.

(D) Reports on compliance with categorical pretreatment standard deadline. Within ninety (90} days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the county administrator a report containing the information described in section 201.76(B}(4} through and including (6} of this part. For users subject to equivalent mass or concentration limits established in accordance with the procedures in Rule 62-625.410(4}, FAC, this report shall contain a reasonable measure of the user's longterm production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation}, this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with section 201.73(F} of this part.

(E) Periodic compliance reports.

{1} All significant industrial users shall, at a frequency determined by the county administrator but in no case less than twice per year (in June and December}, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standards requires compliance with a Best Management Practice or pollution prevention

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alternative, the user must submit documentation required by the County Administrator or the Pretreatment Standard necessary to determine the compliance status of the user. All periodic compliance reports must be signed and certified in accordance with section 201.73(F) of this part.

(2) All wastewater samples must be representative of the user's discharge~ and be in compliance with section 201.79 of this Ordinance. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(3) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the county administrator, using the procedures prescribed in section 201.76(K) of this part, the results of this monitoring shall be included in the report.

(F) Reports of changed conditions.

(1) Each user must notify the county administrator of any planned significant changes to the user's operations or system, which might alter the nature, quality, or volume of its wastewater at least ninety (90) days before the change.

(2) The county administrator may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 201.73(E) of this part.

(3) The county administrator may issue a wastewater discharge permit under section 201.73(G) of this part or modify an existing wastewater discharge permit under section 201.74(0) of this part in response to changed conditions or anticipated changed conditions.

(4) For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty (20) percent or greater, and the discharge of any previously unreported pollutants.

(G) Reports of potential problems.

(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the county administrator of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

(2) Within five (5) days following such discharge, the user shall, unless waived by the county administrator, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not

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relieve the user of any expense, loss, damage, or other liability, that may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability that may be imposed pursuant to this part.

(3) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in section 201.76(F)(1). Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

(11 Significant Industrial Users are required to notify the Countv Administrator immediately of any changes at its facilitv affecting the potential for a Slug Discharge.

(H) Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the county administrator as the county administrator may require.

Section 201.77. Notice of violation/repeat sampling and reporting.

If sampling performed by a user indicates a violation, the user must notify the county administrator within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the county administrator within thirty (30) days after becoming aware of the violation. Resampling by the industrial user is not required if the County performs sampling at the user's facility at least once a month, or if the County performs sampling at the user 's facility between the time when the initial sampling was conducted and the time when the user or the County receives the results of this sampling, or if the County has performed the sampling and analysis in lieu of the Industrial User. TRe ~ser is net reEJ~irea te resam~le if tAe ee~Rty aamiRistrater meRiters at tAe ~ser's faeili1?t at least eRee a maRtA, er if tAe ee~Rty aamiRistrater sam~les IJetweeR tAe ~ser's iRitial sam~liRg aRa wAeR tAe ~ser reeeives tAe res~lts ef tAis sam~liRg.

Section 201.78. Notification of discharge of hazardous waste.

(A) Any user is strictly prohibited from discharging any RCRA characteristic or listed hazardous waste as defined under 40 CFR Part 261 to the POTW at any time. Any user who may accidentally spill into the POTW any hazardous waste as defined in 40 CFR Part 261 shall immediately notify the county administrator verbally at the time of the accident, followed by written notification to the county administrator, the EPA Regional Waste Management Division Director, and state hazardous waste authorities. All written notifications shall be done within 24 hours of the spill or the accidental discharge of hazardous waste into the POTW. All verbal and written notifications must contain the following information to the extent such information is known and readily available to the user:

(1) An identification of the hazardous constituents contained in the wastes;

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(2) An estimation of the mass; and

(3) Concentration of such constituents in the waste stream discharged into the POTW during the accidental discharge or spill.

(B) All verbal and written notifications shall be submitted every time an accident or a spill leads to the discharge of hazardous constituents/hazardous waste into the POTW.

(C) The notification requirement in section 201.78 does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of this part.

(D) Section 201.78 concerning notification of discharge of hazardous waste applies to all users regardless of the amount and concentration of hazardous waste discharged into the POTW and whether or not the waste is just hazardous or the waste is acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e).

(E) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the County Administrator verbally, and in writing to the County Administrator, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities, as set forth in section 201.78{A) upon an accidental discharge or accidental spill into the POTW of such newly identified hazardous waste.

(F) In the case of any notification made under section 201.78, the user shall certify that it has or will have a program, approved by the county administrator, in place within thirty {30) days of the time of notification to prevent or minimize the chances of additional accidental discharges of hazardous waste into the POTW.

{G) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this part, a permit issued hereunder, or any applicable federal or state law.

(H) The county administrator, under this part, may hold the user responsible for all costs incurred by the county due to repairs resulting from discharge to the POTW, cleanup, and any necessary steps taken to protect the operations of the POTW as a result of the discharge of hazardous waste into the system.

Section 201.79. Additional requirements applicable to reports provided pursuant to sections 201.76, 201.77, and 201.78 ofthis part.

W AAalytieal re~~ireFAeAts. All llBII~taAt aAalyses, iAeluaiAg saFAI'JiiAg tedtAi~ues, ta IJe s~IJFAittea as llart af a wastewater aiseharge I'JeFFAit alllllieatiaA ar rellart shall IJe llerfarFAea iA aeearaaAee · .... ith the teehAiE!~es weseriiJea iA 40 C~R Jlart 136, ~Riess atherv•ise SI'Jeeifiea iA aA alllllieaiJie eategarieal I'JFetreatFAeAt staAaara. If 40 C~R Jlart 136 aaes Rat eaAtaiA saFAilliRg ar aAalytieal teehAi~~es far the

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~ell"'taRt iR ~"'estieR, samflliRg aREl aRalyses m"'st lae flerfermeEl iR aeeerElaRee witR flFSeee"'res aflflrsvea ey ePA aRe/er H>£P.

® Analytical Requirements.

ill The industrial user shall identify the pretreatment standards applicable to each regulated process.

ill In addition. the industrial user shall submit the results of sampling and analysis identifying the nature and concentration (or mass. where required by the pretreatment standard or control authority) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass. where required) shall be reported. The sample shall be representative of daily operations. In cases where the pretreatment standard requires compliance with a Best Management Practice or pollution prevention alternative. the industrial user shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard.

ill The industrial user shall take a minimum of one representative sample to demonstrate data is in compliance with these requirements.

111 Samples shall be taken immediately downstream from pretreatment facilities. if such exist. or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment. the industrial user shall measure the flows and concentrations necessarv to allow use of the combined waste stream formula of subsection 62-62S.410(6), F.A.C.. in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with subsection 62-625.410(6), F.A.C.. this adjusted limit. along with supporting data. shall be submitted to the control authoritv.

ill All activities related to sampling and analysis shall comply with paragraphs (6){d) and (e) and Chapter 62-160. F.A.C.

@1 Sampling activities shall be performed according to procedures specified in "The Department of Environmental Protection Standard Operating Procedures for Field Activities." DEP-SOP-001/01. March 31, 2008. hereby adopted and incorporated by reference. A copy of this document is available for inspection at the FDEP's district offices and 2600 Blair Stone Road. MS 3540. Tallahassee. Florida 32399-2400 and is also available on the FDEP's internet site.

J.hl Analytical tests shall be performed in accordance with applicable test procedures identified in 40 CFR Part 136, as of July 1, 2009. hereby adopted and incorporated by reference. If a test for a specific component is not listed in 40 CFR Part 136. or if the test procedure has been determined to be inappropriate for the analvte in question (e.g .. insufficient sensitivity) the laboratorv. with the approval of the industrial user and control authoritv. shall identify and propose a method for use in accordance with Rules 62-160.300 and 62-160.330. F.A.C.

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kl. If a sampling procedure is not available or none of the approved procedures are appropriate for collecting the samples, the sampling organization, with the approval of the industrial user and control authoritv. shall identifv and propose a method for use in accordance with Rule 62-160.220, F.A.C.

(B) Sample collection.

(1) Except as set forth in section 201.79(B)(2) of this part, the user must collect wastewater samples using 24-hour flow proportional composite collection techniques unless time-proportional composite sampling or grab sampling is authorized by the County Administrator. In addition, grab samples may be required to show compliance with instantaneous Limits. The reports required must be in compliance with Section 201.76 of this Ordinance and shall be based upon data obtained through sampling and analysis performed during the period covered by the report. These data shall be representative of conditions occurring during the reporting period. The control authority shall require a frequency of monitoring necessarv to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. lA ti1e eveRt flaw flFBflBFtieAal samf)liAg is iAfeasiele, ti1e ESYAty aElmiAistrater may aYti1eri•e ti1e Yse ef time flFSflSFtieAal samFJiiAg ar a miAimYm ef feyr (4) grae samf)les wi1ere ti1e Yser ElemaAstrates ti1at ti1is will weviae a ref)reseAtative samJlle ef ti1e efflueAt eeiAg ElisEI1argea. lA aElElitieA, grae sam!Jies may ee reEjYireEl te sl1ew EBmFJiiaAEe witi1 iAstaAtaAeeYs aisERarge limits.

(2) Samf)les fer ail aRE! grease, temf)eratYre, lli-1, E'(aAiEle, flReAels, sYifiEles, aAEl velatile ergaAiE ESmJlSYAEls mYst ee eetaiAea YsiAg grae EalleEtieA teERAiE!Yes. For all sampling required by this chapter, grab samples must be used for pH, cyanide. total phenols, oil and grease, sulfide. and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques. unless time-proportional composite sampling or grab sampling is authorized by the Countv Administrator . Where time-proportional composite sampling or grab sampling is authorized by the County Administrator, the sample must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility. Using protocols (including appropriate preservation) specified in Chapter 62-160, F.A.C .. and DEP-SOP-001/01, multiple grabs collected during a 24-hour period may be com posited prior to analysis as follows:

@1 Samples for cyanide. total phenols, and sulfides may be composited in the laboratorv or in the field.

{hl Samples for volatile organics and oil and grease may be com posited in the laboratorv: or in the field.

kl. Composite samples for other parameters unaffected by the compositing procedures may be authorized by the County Administrator, as appropriate.

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lQl Oil and grease samples shall be collected in accordance with paragraph (S)(a) above unless the sampling location or point cannot be physically accessed to perform a direct collection of a grab sample. In these instances, the sample shall be pumped from the sampling location or point into the sample container using a peristaltic-type pump. All pump tubing used for sample collection must be new or precleaned and must be changed between sample containers and sample points. The pump tubing shall not be pre-rinsed or flushed with sample prior to collecting the sample. The report of analysis shall indicate that a peristaltic pump was used to collect the oil and grease sample.

~ Sam13les sllall lle ealleetea aAa aAalyzea a~riAg tile time 13eriaa eaverea B't' tile self maAitariAg re13ert ta lle s~llmittea.

(C) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

(D) Record keeping. blsers s~Bjeet ta tile re13artiRg re~~iremeAts aftllis 13art sllall retaiA, aRa make availallle far iASf3eetiaA aRd E9f3'!'iAg, all reearas af iAfarmatieR elltaiRed f3~rs~aRt te aR•1• meAiteriRg aetivities re€J~ired lly tllis 13art aRd aRy aaditieRal reeerds af iAfarmatiaR elltaiRed f3~rs~aRt te meRiteriRg aetivities ~Raertal<eR lly tile ~ser iRaef3eRaeRt ef s~ell re~~iremeRts. Reeerds sllall iRel~de tile sate, eJ<aet 13laee, metlled, a Ad time af sampliRg, aRd tile Rame eftlle perseR(sl tal<iRg tile sam13les; tile dates aRalyses •,•,•ere 13erfarmea; wile 13erfarmed tile a A a lyses; tile aRalytieal teellRi€J~es er metlleas ~sea; aRa tile res~ Its ef s~ell aAalyses. Tllese reeerds sllall remaiR availallle far a 13eried ef at least tllree (3) years. Til is f3eriea sllall be a~tematieally eJ<teRded far tile a~ratieA af aRy litigatieA eeAeerRiAg tile ~ser er tile ea~Rty, er wllere tile ~ser llas beeR Sf3eeifieally Ratified ef a laAger reteRtieR periea by tile ee~Rty aamiRistrater.

ill Any industrial user and control authority subject to the reporting requirements established in this chapter shall maintain records of all information resulting from any monitoring activities required by this chapter, including documentation associated with Best Management Practices. All sampling and analysis activities shall be subject to the record-keeping requirements specified in Chapter 62-160, F.A.C.

ill Any industrial user or control authority subject to the reporting requirements established in this chapter, including documentation associated with Best Management Practices, shall be required to retain for a minimum of 3 years any records of monitoring activities and results (whether or not such monitoring activities are required by this chapter) and shall make such records available for inspection and copying by the FDEP (and control authority in the case of an industrial user). This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or control authority.

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ill Any control authority to which reports are submitted by an industrial user shall retain such reports for a minimum of 3 years and shall make such reports available for inspection and copying by the FDEP. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or the operation of the pretreatment program.

ill The control authority must retain documentation to support the control authority's determination that a specific industrial user qualifies for reduced reporting requirements for a period of 3 years after the expiration of the term of the control mechanism.

Section 201.80. Compliance monitoring.

(A) Right of entry: Inspection and sampling.

(1) The county administrator shall have the right to enter the premises of any user to determine whether the user is complying with all requirements ofthis part and any wastewater discharge permit or order issued hereunder. Users shall allow the county administrator ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

(2) Where a user has security measures in force, which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the county administrator will be permitted to enter without delay for the purposes of performing specific responsibilities.

(3) The county administrator shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and or metering of the user's operations.

(4) The county administrator may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devises used to measure wastewater flow and quality shall be calibrated as per each permit issued to ensure their accuracy.

(5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the county administrator and shall not be replaced. The costs of clearing such access shall be born by the user.

(6) Unreasonable delays in allowing the county administrator access shall be a violation ofthis part.

(B) Search warrants. If the county administrator has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a

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violation of this part, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the county designed to verify compliance with this part or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the county administrator may seek issuance of a search warrant, or, where applicable, an inspection warrant, all pursuant to Florida Statutes Chapter 933, Search And Inspection Warrants~

Section 201.81. Confidential information.

Information and data on a user from reports, surveys, wastewater discharge permits, and monitoring programs, and from the county administrator's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the county administrator, that the release of such information or data will compromise the user's trade secrets. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public (subject to the applicable provisions of the Florida Public Records Law), but shall be made available immediately upon request to government agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings in-Jolving the person furnishing the report. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

Section 201.82. Publication of users in significant noncompliance.

(A) The county administrator shall publish annually, in the largest daily newspaper circulated in the county, a list of users that, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements.

(B) The term significant noncompliance shall mean:

(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66} percent or more of wastewater measurements taken for the same pollutant parameter taken during a six- (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement. including Instantaneous Limits as defined in Section 201.68 el~riRg a silE maRtA ~eriaa elEeeeel tAe elail•t ma>dm~m limit ar average limit far tAe same ~all~taRt ~arameter a•( aRy ama~Rt;

(2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three (33} percent or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including Instantaneous Limits, as defined by Section 201.68, elaily malEim~m limit ar tAe average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils, and grease, and 1.2 for all other pollutants except pH);

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(3) Any other eliseAaFge violation of a Pretreatment Standard or Requirement as defined by Section 201.68 (Daily Maximum. long-term average, Instantaneous Limit, or narrative standard) that the county administrator determines IJelieves has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

(4) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the county administrator's exercise of its emergency authority to halt or prevent such a discharge;

(5) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing

(6) Failure to provide within forty-five (45) tAirty (3Q) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7) Failure to accurately report noncompliance; o~

(8) Any other violation(s), 'A'Aieh tAe eeYRty aelR'liAistrater eleterffiiAes will aelversely a#eet tAe BfleratieA er iR'lflleffieAtatieA ef the leeal 13retreatffieRt ~regraffi. or group of violations, including a violation of Best Management Practices, which the control authority determines will adversely affect the operation or implementation of the pretreatment program. except when the FDEP is acting as the control authority.

Section 201.83. Administrative enforcement remedies.

(A) Notification of violation. When the county administrator finds that a user has violated, or continues· to violate, any provision of this part, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the county administrator may serve upon that user a written notice of violation. Within thirty (30) days of the receipt of this notice, an explanation of the violation and a plan of the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the county administrator. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the county administrator to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(B) Consent orders. The county administrator may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same

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force and effect as the administrative orders issued pursuant to sections 201.83(D) and (E) of this part and shall be judicially enforceable.

(C) Show cause hearing. The county administrator may order a user which has violated, or continues to violate, any provision of this part, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the county administrator and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least thirty (30) days prior to the meeting. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(D) Compliance orders. When the county administrator finds that a user has violated, or continues to violate, any provision of this part, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the county administrator may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(E) Cease and desist orders. When the county administrator finds that a user has violated, or continues to violate, any provision of this part, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the county administrator may issue an order to the user directing it to cease and desist all such violations and directing the user to immediately comply with all requirements; and take such appropriate remedial; or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not bar against, or a prerequisite for, taking any other action against the user.

Section 201.84. Administrative fines.

(A) When the county administrator finds that a user has violated, or continues to violate, any provision of this part, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the county administrator may fine such user in an amount not to exceed one thousand dollars ($1,000.00). Such fines shall be assessed on a per violation, per day

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basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.

(B) Unpaid charges, fines, and penalties shall, after twenty {20) calendar days, be assessed an additional penalty of a two dollar {$2.00) flat fee plus one and one-half {1.5) percent of the unpaid balance, and interest shall accrue thereafter at a flat fee of two dollars ($2.00) plus a rate of one and one-half (1.5) percent per month. After one hundred twenty (120) days, any ·unpaid charges, fines, or penalties in excess of one hundred dollars ($100.00) can be justification for a lien against the property.

(C) Users desiring to dispute such fines must file a written request for the county administrator to reconsider the fine along with full payment of the fine amount within thirty {30) days of being notified of the fine. Where a request has merit, the county administrator may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The county administrator may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

(D) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

(E) There is hereby established an "industrial pretreatment fine for pH violation," as set forth below and such fines may be assessed on a per day basis:

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Industrial Pretreatment Fine Table for pH

(Allowable pH Limits- 5.50 to 9.5)

TABLE INSET' low pH Violation High pH Violation Fine

Amount

5.00 to5.49 - $100.00 4.50 to4.99 9.60 to 10.49 250.00 4.00 to4.49 10.50 to 10.99 375.00

· 3.50 to 3.99 11.00 to 11.49 500.00 3.00 to 3.49 11.50to 11.99 625.00 2.50to2.99 12.00 to 12.49 750.00 2.00to2.49 12.50to 12.99 875.00 Less than 2.00 . 13.00 and above 1,000.00

Note: Violation is determined by: 1. Grab sample in excess of limits. 2. If continuous monitor, exceeding limits by fifteen {15) minutes or longer.

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ORDINANCE NO. 2012-· __

Section 201.85. Emergency suspensions.

(A) The county administrator may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The county administrator may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

(B) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the county administrator may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The county administrator may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the county administrator that the period of endangerment has passed, unless the termination proceedings in section 201.86 of this part are initiated against the user.

(C) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the county administrator prior to the date of any show cause or termination hearing under sections 201.83(C) or 201.86 of this part.

f±} {Ql Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

Section 201.86. Termination of discharge.

(A) In addition to the provisions in section 201.74(F) of this part, any user who violates the following conditions is subject to discharge termination:

(1) Violation of wastewater discharge permit conditions;

(2) Failure to accurately report the wastewater constituents and characteristics of its discharge;

(3) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

(4) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or

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(5) Violation of the pretreatment standards in sections 201.66; 201.67; and 201.68 of this part.

(B) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 201.83(C) of this part why the proposed action should not be taken. Exercise of this option by the county administrator shall not be a bar to, or a prerequisite for, taking any other action against the user.

Section 201.87. Judicial enforcement remedies.

(A) Injunctive relief. When the county administrator finds that a user has violated, or continues to violate, any provision of this part, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the county administrator may petition the circuit court through the county attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this part on activities of the user. The county administrator may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any othe~ action against a user.

(B) Civil penalties. A user who has violated, or continues to violate, any provision of this part, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the county for a maximum civil penalty of not less than one thousand dollars ($1,000.00) per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. The county may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the county. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

(C) Criminal prosecution.

(1) A user who willfully or negligently violates any provision of this part, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of at least one thousand dollars ($1,000.00) per day/per violation in accordance with Rule 62-625.500(2)(a)S.a, FAC, not to exceed the maximum of two thousand dollars ($2,000.00) per day in accordance with F.S. § 125.69(1).

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(2) Any customer who willfully or negligently introduces any substance into the wastewater system that causes personal injury or property damage shall, upon conviction, be subject to a penalty or imprisonment or both. The penalty shall be in addition to any other cause of action for personal injury or property damage available under state or federal law.

(3) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this part, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this part shall, upon conviction, be punished by a fine of at least one thousand dollars ($1,000.00) per day/per violation in accordance with Rule 62-625.500(2)(a)S.a, FAC, not to exceed the maximum of two thousand dollars ($2,000.00) per day in accordance with F.S. § 125.69(1).

Section 201.88. Remedies nonexclusive.

The remedies provided for in this part are not exclusive. The county administrator may take any, all, or any combination of these actions against a noncompliant user. enforcement of pretreatment violations will generally be in accordance with the county's enforcement response plan. However, the county administrator may take other action against any user when the circumstances warrant. Further, the county administrator is empowered to take more than one enforcement action against any noncompliant user.

Section 201.89. Supplemental enforcement action.

Whenever a user has violated or continues to violate any provision of this part, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

Section 201.90. Affirmative defenses to discharge violations.

(A) Upset:

(1) For the purposes of section 201.90, upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(2) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards ifthe requirements of paragraph (C), below, are met.

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(3) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(a) An upset occurred and the user can identify the cause(s) of the upset;

(b) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and

(c) The user has submitted the following information to the county administrator within twentyfour (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five (5) days):

f±} ill A description of the indirect discharge and cause of noncompliance;

Wiill The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

Wlliil Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncom plia nee.

(4) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

(5) Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

(6) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

(B) Prohibited discharge standards.

(1) A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in section 201.65(A) of this part or the specific prohibitions in sections 201.65(8)(3) through 2.4 [201.68] of this part if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

(a) A Local Limit leeallimit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

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(b) No Local Limit leEal limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the county was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

(C) Bypass:

(1) For the purposes of this section:

(a) Bypass means the intentional diversion of waste streams from any portion of a user's treatment facility.

(b) Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(2) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (C) and (D) of section 201.90.

(3) If a user knows in advance of the need for a bypass, it shall submit prior notice to the county administrator at least ten (10) days before the date of the bypass, if possible. A user shall submit oral notice to the county administrator of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The county administrator may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.

(4) Bypass is prohibited, and the county administrator may take an enforcement action against a user for a bypass, unless

(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in

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the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

(c) The user submitted notices as required under paragraph (C) of section 201.90.

(5) The county administrator may approve an anticipated bypass, after considering its adverse effects; if the county administrator determines that it will meet the three conditions listed in paragraph (C)(4) of this section.

Section 201.91. Pretreatment charges and fees.

The county may adopt reasonable fees for reimbursement of costs of setting up and operating the county's pretreatment program which may include fees for wastewater discharge permit applications including the cost of processing such applications; fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users; fees for reviewing and responding to accidental discharge procedures and construction; fees for filing appeals; and other fees as the county may deem necessary to carry out the re{juirements contained herein. These fees relate solely to the matters covered by this part and are separate from all other fees, fines, and penalties chargeable by the county.

Section 201.92. Establishment of certain pretreatment fees.

Industrial users who are required to obtain an industrial discharge permit pursuant to Part Ill of this chapter shall pay an initial application fee of one hundred fifty dollars ($150.00) and an annual fee of one hundred dollars ($100.00). Industrial users who are required to submit monitoring reports pursuant to Part Ill of this chapter shall be assessed a late fee of fifty dollars ($50.00) for each incidence of failure to submit a monitoring report within sixty (60) days of the designated monitoring date.

SECTION 2. SEVERABILITY.

If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part.

SECTION 3. CODIFICATION.

It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re-lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention.

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SECTION 4. EFFECTIVE DATE

This ordinance shall take upon filing with the Florida Department of State.

This ordinance was advertised in the Vero Beach Press-Journal on the 28th day of April, 2012, for a public hearing to be held on the 8th day of May, 2012, at which time it was moved for adoption by Commissioner seconded by Commissioner and adopted by the following vote:

Chairman Gary C. Wheeler Vice Chairman Peter D. O'Bryan Commissioner Wesley S. Davis Commissioner Joseph E. Flesher Commissioner Bob Solari

The Chairman thereupon declared the ordinance duly passed and adopted this __ day of May, 2012.

ATIEST: Jeffrey K. Barton, Clerk

By: __________________ _

Deputy Clerk

BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA

By: __________ _

Gary C. Wheeler, Chairman

Effective Date: This ordinance was filed with the Department of State on __ day of

--------' 2012.

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TO: Joseph A. Baird, County Administrator

FROM: Sasan Rohani, AICP c;;: ~ Chief, Long-Range Planning

DATE: April27, 2012

Development Director

SUBJECT: Notice of Scheduled Public Hearings for Upcoming Board Meeting

PUBLIC NOTICE INFORMATIONAL

It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of May 8, 2012.

DESCRIPTION AND CONDITIONS:

Please be advised that the following public hearing items have been scheduled for the Board consideration:

May22, 2012

1. Amendment to the Future Land Use Map by Changing the Land Use Designation for ± 1,171.45 Acres Owned by the St. John River Water Management District (SJRWMD) (±531.68 Acres Located South of City of Fellsmere and 3 Y2 Miles North of SR60, and ±639.77 Acres Located 2 Y2 Miles North ofSR60 and 3 Miles West ofi-95), fromAG-2, Agricultural-2 (up to 1 unit/10 acres), to C-1, Conservation-! (zero density); and to Redesignate ±350 Acres Owned by Indian River County Located West of Blue Cypress Lake and Approximately 6 Yz Miles North of SR60, from AG-3, Agricultural-3 (up to I unit/20 Acres), to C-1, Conservation-! (zero density). (LEGISLATIVE)

2. Consideration of Request by Dr. John Cairns to Amend Road Width Requirements for Mining Haul Route Road Segments not used by the General Public [LDRA-12-06-01 I 2006060083-68100] (LEGISLATIVE)

RECOMMENDATION:

The above referenced public hearing items are provided for the Board's information. No action is needed at this time.

Indian River Co.

APPROVED AGENDA ITEM: Admin.

FOR:~ ~ dN/)_ .

BY:~wJJJJ·Jfa_vd Legal

Budget

Dept. I I

v Risk Mgr.

F:\Community Development\Comprehensive Plan Land Use Amendments\January2012 Conservation Lancts.JRC LUDA-272\StalfReports\BCC staff Report Notice of Public Hearing May22, 2012.doc 1 0 6

PUBLIC NOTICE ITEMS: 5/8/12 Office of INDIAN RIVER COUNTY

ATTORNEY

Alan S. Polackwich, Sr., County Attorney William K DeBra a!, Deputy County A ttomey Brooke W. Odom, .Assistant County .Attorney

TO:

FROM:

DATE:

RE:

MEMORANDUM

Board of County Commissionersp

Alan S. Polackwich, Sr. - Coun(itt~ h May 1, 2012

Public Notice of Public Hearing Scheduled for May 15, 2012 to Consider Adoption of an Ordinance Amending and Adding Various Sections of Chapter 204 (Solid Waste Disposal) of the Code of Indian River County

The Board of County Commissioners will hold a Public Hearing on Tuesday, May 15, 2012, to consider adoption of an ordinance entitled:

/nhm

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING AND ADDING VARIOUS SECTIONS OF CHAPTER 204 (SOLID WASTE DISPOSAL) OF THE CODE OF INDIAN RIVER COUNTY, ELIMINATING THE REQUIREMENT THAT PROCESSORS OF CONSTRUCTION AND DEMOLITION DEBRIS ("C&D MATERIALS") OR RECYCLABLE MATERIALS OBTAIN A FRANCHISE; SIMPLIFYING THE PROCESS FOR GRANTING NONEXCLUSIVE CONSTRUCTION AND DEMOLITION DEBRIS FRANCHISES TO PERSONS WHO COLLECT OR TRANSPORT C&D MATERIALS FOR PROFIT ("C&D HAULERS"); AND REQUIRING PROCESSORS OF C&D MATERIALS TO COLLECT A FRANCHISE FEE FROM C&D HAULERS, AND TO REMIT THE FEE TO THE SOLID WASTE DISPOSAL DISTRICT OR APPROPRIATE MUNICIPALITY; MAKING FINDINGS; AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ----· l'~':.'" """ Go Al'y?\<d Oa \e

1 i' dm!n. J 5/3/;9..-t-l,":JI if S •1112....... ~9~;"~~ Vf :51 ') 1-. I D~pl. ~ : ..r I Ii-I 7 I Risk Mgr.

TO:

FROM:


Joseph A Baird; County Administrator

Robert M. Keating, AICP; evelopment Director

415 Stan Boling, AICP Planning Director

DATE: April24, 2012

COMMUNITY DEVELOPMENT

SUBJECT: Consideration of Meeting Dates for Proposed Amendments to the County's Land Development Regulations (LDRs)

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 8, 2012.

BACKGROUND

On October 12, 20 I 0, the Board of County Commissioners (BCC) adopted comprehensive plan amendments that were based on the county's previously approved EAR (Evaluation and Appraisal Report). As the final step in the overall EAR process, the county's land development regulations (LDRs) need to be amended to correspond to the EAR based amendments to the comprehensive plan. In addition to "EAR-based LDRs", staff has identified various LDR amendments that are needed to clean-up, clarifY, or update the county's development regulations.

Since adoption of the EAR based comprehensive plan amendments, staff has performed research and drafted EAR-based and clean-up LDR amendments and presented draft LDR changes to the Planning & Zoning Commission (PZC) for discussion on 3 occasions (August 2011, December 2011, and February 2012). Staff has also obtained input on certain proposed amendments from the Agriculture Advisory Committee (AAC) and scheduled an advertized public workshop on the proposed amendments for May 11, 2012. In addition, staff has scheduled a May 31, 2012 public hearing at which the PZC will formally consider the proposed LDR amendments.

Because some of the proposed amendments will change the actual list of permitted or conditional uses in certain zoning districts, Florida Statutes Chapter 125.66 requires that the local governing board hold two hearings on the proposed LDR amendments, and those hearings must be held at least I 0 days apart. Florida Statutes also provide that one hearing be held after 5:00p.m., while the other hearing may be held before 5:00 p.m. (e.g. regular Board meeting time). The statutes also state that, with 4 or 5 positive votes, the Board could vote to hold both LDR hearings before 5:00p.m., such as at regular Tuesday morning Board meetings.

F:\Community Development\Users\CurDev\BCC\20 I 2 BCC\LDR hearing date appwvals.doc 108

To proceed with the review and approval process for the subject LDR amendments, the Board must now set dates and times for the required two public hearings.

ANALYSIS:

Because there are numerous amendments proposed, staff presented the draft amendments at various PZC meetings, received input from the AAC, and will obtain input at a public workshop. Given the amount of input obtained, staffs position is that the proposed amendments will be thoroughly vetted prior to the Board hearings. Therefore, in staffs opinion, a special evening meeting of the Board is not essential, although the Board has the ability to schedule a special evening meeting after 5:00 pm if it so desires. One set of hearing dates, which would comply with state hearing and advertising requirements if approved by 4 or 5 votes of the Board, is as follows:

Hearing

Meeting #1 Regular Meeting Tuesday, June 19,2012 9:05a.m.

Meeting #2 Regular Meeting Tuesday, July 10, 2012 9:05a.m.

Staff has confirmed that the chambers are available at 5:00 pm on either of the proposed dates. The Board may establish any other dates that meet state requirements.

RECOMMENDATION:

Staff recommends that the Board concur with the proposed hearing dates or set other hearing dates to consider the proposed LDR amendments.

ATIACHMENTS:

None

Indian River Co, APPROVED AGENDA ITEM: Admin.

Legal

Budget

Dept.

RiskMgr.

F:\Community Deve\opment\Users\CurDev\BCC\2012 BCC\LDR hearing date approva\s.doc 2 109

13A County Attorney's Matters- B.C.C. 05.08.12


ATTORNEY

Alan S. Polackwich, St., County Attorney William K DeBtaal, Deputy County Attorney B:rooke W. Odom, Assistant County Attorney

MEMORANDUM


FROM: Alan S. Polackwich, Sr., County

DATE: May I, 2012

SUBJECT: HB 5301 -Medicaid Backlog

On March 29, 2012, Governor Scott signed HB 5301 into law. This bill forces counties to either (I) pay 85% of previously disputed Medicaid bills, or (2) pay 100% of disputed bills, and file a petition with the Florida Department of Administrative Hearings to prove that the bills are incorrect, in which case the county will receive credit for bills proven to be incorrect. When Governor Scott signed the bill, he stated that representatives of the Agency for Healthcare Administration ("AHCA") would meet with all 67 counties "to discuss all open issues with the billing process."

At the BCC meeting on April 17, the County Attorney reported generally on HB 5301, including the fact that the Florida Association of Counties ("FAC") was planning a lawsuit challenging the bill's constitutionality and implementation. The question arose as to whether Indian River County should join the lawsuit. The County Attorney recommended that the decision be deferred until (I) the legal arguments could be further examined, and (2) the question of the County's actual liability for Medicaid bills could be further studied.

On April 26, 2012, F AC, joined by 4 7 counties, sued the State of Florida seeking a declaratory judgment that HB 5301 is unconstitutional, and an injunction prohibiting the implementation of HB 5301. The County Attorney has examined the legal arguments raised in the lawsuit and has concluded that they are reasonably strong.

APPROVED FOR MAY 8, 2012 B.C.C.MEETING-::-A:ntJRN. Y'S MATTERS

,·""_ .. ..-

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Indian River Co.

Admin.

Co. Atty. Budget

Dept. RiskMgmt.

Approved Date

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Board of County Commissioners Mayl, 2012 Page Two

Meanwhile, county staff has continued to review the list of bills which AHCA has provided which add up to the County's alleged liability of $1.233 million. The bills clearly contain many errors and, to date, AHCA has provided no indication that it is doing anything to eliminate the errors. AHCA has begun meeting with counties, as Governor Scott directed when he signed HB 5301 but, based on initial comments from the counties which have met with AHCA, the meetings have not been productive.

Under these circumstances, the County Attorney recommends that the County join the FAC lawsuit. Frankly, unless and until another avenue opens up to rationally address the Medicaid billing errors, the County Attorney believes that we have no choice but to do everything in our power to fight the implementationofHB 5301.

The cost to the County will be fixed and capped at $3,500.

FUNDING.

The $3,500 contribution amount is not currently in the budget; however, funds are available to pay this amount out of General Fund contingencies.

RECOMMENDATION

The County Attorney recommends that the Board vote to join the F AC lawsuit challenging the constitutionality and implementation of HB 5301, and direct payment of the contribution amount of $3,500 to FAC.

ASP:LAC

F:l4rromey\Li~da\Grnero/\B C CWgenda Men"d•Medicaid &ddag OJ. doc

1 1 1

TO:

DATE:

BCCAGENDA · May 8, 2012

ITEM 14.E(1)




May 2, 2012

SUBJECT: Indian River County- Open for Business

FROM: Commissioner Bob Solari

I would like to discuss the possibility of the County developing its own marketing piece for economic development, which the County Commissioners and staff can use to put our best foot forward when trying to attract new, or expanding existing, business.

Thank you.

112