Odor Report for 4/1/2020 No Joke

For

Zellwood, Tangerine, Surrounding Neighborhoods

Updates are made up until 11:59 pm

April 1, 2020

One Day Without A Smell Report on the Previous Day

We vote and we talk to voters

Odor Reports

(OP) 7:00 am It would have been nice to be able to open the windows with the cool weather but NO! Anuvia has seen to that! If you live in this area you won't know if you have the Coronavirus or the Anuvia virus! This has got to stop! You cannot tell me that there is no damage to my lungs from being exposed to this!

(P2) It is clear at our home. A beautiful, cool morning. 9/10 of an inch of rain last night.

(P3) The wind is coming in from the NW at 11 mph. This was taken an hour after REDACTED's post. One of the weird things about the odor from Anuvia is that it can be very directed at times. I discussed this with Alex, their process engineer, and Anuvia is aware of this. When the odor is the worst, it's diffuse and can be smelled in a radius around the plant. There are times that I can't smell anything and a house 5 houses away is reeking with the odor.

(P4) From reading these accounts, it always seems to be a lot stronger to the north rather than east where iI live. It seems we get a lot more Shelly's than Anuvia.

(P3) That's probably true. We're working on both of these.

(P5) I have no smell today

(OP) Early this morning, 7:00 a,m, the smell was horrible at my house. I had to do a lot of running around, my dog has just been diagnosed as diabetic. When I got home a few hours later the smell has gone away. I did receive a call from Christine Moore about 45 minutes ago. She told me that they are working on it. I did tell her that the smell from Anuvia has gotten much worse and that it is even bad day and night.

..........

(OP) I live north of this place and only get a whiff once in a while. But I will share with you that I was actually INSIDE the facility 3 years ago for work. I was shocked to see how bad the metal buildings were. I went there for some HVAC work. All the air conditioners were rotted badly, and there were actually holes rotted thru the sides of the metal buildings. You could look right into the building thru the damn wall. I asked the maintenance guy how old the place was. He said 2 years. How caustic/toxic is the air if it can eat a hole thru a commercial-grade metal building in 2 years? It's dangerous. I wish I had a picture of the holes, but I did snap this pic of the AC units. You can see the paint blistering off the green metal panel. ANd you can see the date on the condensing unit. It was built in April 2015. I took this picture on October 6, 2017. The unit was installed in the summer of 2015 so it's only about 2 years old. WOW. I can't imagine what it would do to home electrical and plumbing pipes, OR YOUR LUNGS. Our safety director went there and said NOPE, PULL OFF THE JOB, WE ARE NOT WORKING HERE, IT'S TOO DANGEROUS. So we left. We had a purchase order to do the work too. Not happening. Glad he came to visit!!! This plant needs to go.

(P2) Wow. That is bad.

(P3) I am sure there is a lot of ammonia in the gases that are released. It occurs naturally in the materials they are processing. No doubt in my mind that's why my eyes burn when the odor is strong.

(P4) Here's your ammonia.  (Anuvia's process video starting where ammonia is put into the mix. 

(P5) Their animated video makes the process look much friendlier and prettier than it is.

(P1 addressing P5) Sounds good...Too bad it doesn't work. 🐂💩

(P6) First of all, REDACTED, welcome to the group. When I saw the outside [OF ANUVIA] for the first time I had the same thought. I was sure that the building was old. It looks way older than 4 years old. If they are releasing sulfur, as I suspect that they are, the acid rain produced will age the buildings, our cars, and everything else.

(P 6 addressing P5)  I agree. Especially where they say "our facilities discharge only air and water well below the regulatory standards." Come and live in our neighborhoods.

(P5 addressing P6) Unfortunately, a pretty animation and a sweet sales pitch are

all citizens and governing entities get to see and hear when deciding to approve or deny a business’s ability to exist in a community.

(P6) It's become our job to show the other side.

(P5) Exactly!

(P6) I went to their website and they've made it harder to find the video. The one above was put on YouTube by the animation company. I went back to the website and was able to discover how to get it the video on there. That change to their website was made very recently.

(P5) This url will show you a list of all the content on their website. Each of the 8 sitemaps can be clicked on to show you the pages on the site based on the type of content. The link I previously sent is located in the Pages sitemap. Enjoy! https://www.anuviaplantnutrients.com/sitemap_index.xml

(P7) OMGosh - Those poor workers!! (Aside from our neighborhoods) What toll are their jobs taking on their bodies? What are the OFFICIALS inspecting? If the HVAC Engineer spotted this - as it's not hidden - then I would've thought that a trained government inspector would be able to SEE 🧐🤓👀👁this as well, no?? Or is it ✋🤝💲💰💵💸

(P6) That is a good question.

(P7) Birthing pains of the end times........ Greed everywhere!!

(P8) Follow the money. Not just Anuvia is profiting. Does anybody have access to check corporation names of Anuvia directors; officers; I used to work in a law office. No more. Could be revealing.

(P6) We can check. The officers are listed on the website. https://www.anuviaplantnutrients.com/company/

(P9) Is this Annuvia?

(P10 answering P9) Yes, it is. OSHA should check it out, it is harmful to work there

(P8) Thank you. I wonder how much foreign asset ownership there is. Global overview - saw a reference to Fortune 500 investment. Saw connection to Bayer Ag division; Bayer purchased Monsanto?! They appear to have great credentials of folks connected to the UK, New Zealand in the sciences. Interesting read.

(P6) They have a good idea and there is a big market for their product. But first, they have to fix the problems with the plant.

..........

Letters

Sent to Ashley Gardner, Dr. Phil  Kane, and David Smicherko

Of Note

BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

STATE OF FLORIDA DEPARTMENT ) OF ENVIRONMENTAL PROTECTION )

IN THE OFFICE OF THE CENTRAL DISTRICT

v.

ANUVIA FLORIDA, LLC

)

) OGC FILE NO. 20-0188 )

)

)

CONSENT ORDER

This Consent Order (“Order”) is entered into between the State of Florida Department of Environmental Protection (“Department”) and Anuvia Florida, LLC (“Respondent”) to reach settlement of certain matters at issue between the Department and Respondent.

The Department finds and Respondent admits the following:

1. The Department is the administrative agency of the State of Florida having the power and duty to protect Florida’s air and water resources and to administer and enforce the provisions of Chapter 403, Florida Statutes (“F.S.”), and the rules promulgated and authorized in Title 62, Florida Administrative Code (“F.A.C.”). The Department has jurisdiction over the matters addressed in this Order.

2. Respondent is a person within the meaning of Section 403.031(5), F.S.

3. Respondent is the owner and is responsible for the operation of the Anuvia

Zellwood Plant, a 40 dry tons/day (DTPD) dewatered biosolids treatment facility (“Facility”). The Facility is operated under Wastewater Permit No. FLA762504 (“Permit”), which was issued on December 9, 2016 and will expire on December 8, 2021. The Facility is located at 6751 W Jones Ave, Zellwood, FL in Orange County, Florida (“Property”). Respondent owns the Property on which the Facility is located.

4. The Department finds that the following violation(s) occurred:

a) Department personnel noted objectionable odors on November 19, 2019,

February 10, 2020 and February 20, 2020 leaving the boundaries of the facility along Willow Street.

DEP vs. Anuvia Florida, LLC. Consent Order, OGC No. 20-0188 Page 2

Having reached a resolution of the matter Respondent and the Department mutually agree and it is

ORDERED:

5. Respondent shall comply with the following corrective actions within the stated time periods listed in the table below:

a) Effective immediately Respondent shall operate and maintain Facility in a manner which is compliant with the odor prohibition in 62-640.400 (6).

b) Respondent shall complete all recommended actions in the timeframes outlined in the attached hereto and incorporated herein as Attachment I.

c) Every calendar quarter after the effective date of this Order, Respondent shall submit in writing to the Department a report containing information concerning the status and progress of projects being completed under this Order, information as to compliance or noncompliance with the applicable requirements of this Order including construction requirements, and any reasons for noncompliance. These reports shall also include a projection of the work to be performed pursuant to this Order during the 12-month period which will follow the report. These reports shall be submitted to the Department within 30 days following the end of the quarter.

6. Within 15 days of submittal of a quarterly progress report (“Report”) indicating the corrective actions listed in paragraph 5 are not adequate to address the offsite odors or if after corrective actions are made Department personnel verify offsite odors, the Respondent shall retain the services of a professional engineer, registered in the State of Florida, to accomplish all of the following:

a) Evaluating the Facility, to discover the cause or causes of the noncompliance.

b) Designing modifications of the Facility to ensure the Facility will function in full and consistent compliance with all applicable rules of the Department.

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c) Completing an application for a Department wastewater permit to construct the modifications listed in subparagraph (b) of this paragraph, if such a permit is required.

d) Overseeing the construction of any modifications to the Facility.

e) Submitting to the Department a Certification of Completion, prepared and

sealed by a professional engineer registered in the State of Florida, stating that modifications to the Facility and collection system have been constructed in accordance with the provisions of the Permit.

f) Contacting Dr. Phil Kane, the Department’s Domestic Wastewater Compliance Inspector, by telephone or in person before initiating the treatment system evaluation described in subparagraphs (a) and (b) of this paragraph.

g) In the event the Department requires additional information to process the permit application described in subparagraph (c) of this paragraph, providing a written response containing the information requested by the Department within 90 days of the date of the request.

7. Within 60 days of the date of the Report, Respondent shall submit a complete application for a Department wastewater permit to construct the modifications identified in subparagraph (6)(b), if such a permit is required.

8. Within 150 days of the date a wastewater permit is issued, or, if no permit is required, within 150 days of the Report, Respondent shall complete construction of the modification(s) developed pursuant to paragraph (6) and submit a Certification of Completion, prepared and sealed by a professional engineer registered in the State of Florida, stating that modifications to the Facility has been constructed in accordance with the provisions of the Permit. Respondent shall submit the Certification of Completion to the Department within 150 days after the wastewater permit authorizing said construction is issued.

9. Notwithstanding the time periods described in the paragraphs above, Respondent shall complete all corrective actions required by paragraphs 5-8 within 345 of the

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effective date of this Order and be in full compliance with Rule 62-640.400, F.A.C., regardless of any intervening events or alternative time frames imposed in this Order.

10. Within 30 days of the effective date of this Order, Respondent shall pay the Department $2,000.00 in settlement of the regulatory matters addressed in this Order. This amount includes $1,500.00 for civil penalties and $500.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Order.

11. Respondent agrees to pay the Department stipulated penalties in the amount of $1,000 per day for each and every day Respondent fails to timely comply with any of the requirements of paragraphs 5-8, of this Order or if objectionable odors are identified by Department personnel as emanating offsite from the Facility. The Department may demand stipulated penalties at any time after violations occur. Respondent shall pay stipulated penalties owed within 30 days of the Department’s issuance of written demand for payment, and shall do so as further described in paragraph 12, below. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any terms of this Order. Any stipulated penalties assessed under this paragraph shall be in addition to the civil penalties agreed to in paragraph 10 of this Order.

12. Respondent shall make all payments required by this Order by cashier's check, money order or on-line payment. Cashier’s check or money order shall be made payable to the “Department of Environmental Protection” and shall include both the OGC number assigned to this Order and the notation “Water Quality Assurance Trust Fund.” Online payments by e-check can be made by going to the DEP Business Portal at: http://www.fldepportal.com/go/pay/. It will take a number of days after this order is final, effective and filed with the Clerk of the Department before ability to make online payment is available.

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DEP vs. Anuvia Florida, LLC. Consent Order, OGC No. 20-0188 Page 5

13. Except as otherwise provided, all submittals and payments required by this Order shall be sent to Department of Environmental Protection, Central District, 3319 Maguire Blvd Ste 232, Orlando, FL 32803.

14. Respondent shall allow all authorized representatives of the Department access to the Facility and the Property at reasonable times for the purpose of determining compliance with the terms of this Order and the rules and statutes administered by the Department.

15. In the event of a sale or conveyance of the Facility or of the Property upon which the Facility is located, if all of the requirements of this Order have not been fully satisfied, Respondent shall, at least 30 days prior to the sale or conveyance of the Facility or Property,

(a) notify the Department of such sale or conveyance, (b) provide the name and address of the purchaser, operator, or person(s) in control of the Facility, and (c) provide a copy of this Order with all attachments to the purchaser, operator, or person(s) in control of the Facility. The sale or conveyance of the Facility or the Property does not relieve Respondent of the obligations imposed in this Order.

16. If any event, including administrative or judicial challenges by third parties unrelated to Respondent, occurs which causes delay or the reasonable likelihood of delay in complying with the requirements of this Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of Respondent and could not have been or cannot be overcome by Respondent's due diligence. Neither economic circumstances nor the failure of a contractor, subcontractor, materialman, or other agent (collectively referred to as “contractor”) to whom responsibility for performance is delegated to meet contractually imposed deadlines shall be considered circumstances beyond the control of Respondent (unless the cause of the contractor's late performance was also beyond the contractor's control). Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department by the next working day and shall, within seven calendar days notify the Department in writing of (a) the anticipated length and cause of the delay, (b) the measures taken or to be taken to prevent or minimize the delay, and (c) the timetable by which Respondent intends to implement these

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DEP vs. Anuvia Florida, LLC. Consent Order, OGC No. 20-0188 Page 6

measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended. The agreement to extend compliance must identify the provision or provisions extended, the new compliance date or dates, and the additional measures Respondent must take to avoid or minimize the delay, if any. Failure of Respondent to comply with the notice requirements of this paragraph in a timely manner constitutes a waiver of Respondent's right to request an extension of time for compliance for those circumstances.

17. The Department, for and in consideration of the complete and timely performance by Respondent of all the obligations agreed to in this Order, hereby conditionally waives its right to seek judicial imposition of damages or civil penalties for the violations described above up to the date of the filing of this Order. This waiver is conditioned upon Respondent’s complete compliance with all of the terms of this Order.

18. This Order is a settlement of the Department’s civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Order is not a settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of any violation which may be prosecuted criminally or civilly under federal law. Entry of this Order does not relieve Respondent of the need to comply with applicable federal, state, or local laws, rules, or ordinances.

19. The Department hereby expressly reserves the right to initiate appropriate legal action to address any violations of statutes or rules administered by the Department that are not specifically resolved by this Order.

20. Respondent is fully aware that a violation of the terms of this Order may subject Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per day per violation, and criminal penalties.

21. Respondent acknowledges and waives its right to an administrative hearing pursuant to sections 120.569 and 120.57, F.S., on the terms of this Order. Respondent also

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acknowledges and waives its right to appeal the terms of this Order pursuant to section 120.68, F.S.

22. Electronic signatures or other versions of the parties’ signatures, such as .pdf or facsimile, shall be valid and have the same force and effect as originals. No modifications of the terms of this Order will be effective until reduced to writing, executed by both Respondent and the Department, and filed with the clerk of the Department.

23. The terms and conditions set forth in this Order may be enforced in a court of competent jurisdiction pursuant to sections 120.69 and 403.121, F.S. Failure to comply with the terms of this Order constitutes a violation of section 403.161(1)(b), F.S.

24. This Consent Order is a final order of the Department pursuant to section 120.52(7), F.S., and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, F.S. Upon the timely filing of a petition, this Consent Order will not be effective until further order of the Department.

Persons who are not parties to this Consent Order, but whose substantial interests are affected by it, have a right to petition for an administrative hearing under sections 120.569 and 120.57, Florida Statutes. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition concerning this Consent Order means that the Department’s final action may be different from the position it has taken in the Consent Order.

The petition for administrative hearing must contain all of the following information:

a) The OGC Number assigned to this Consent Order;

b) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding;

c) An explanation of how the petitioner’s substantial interests will be affected by the Consent Order;

d) A statement of when and how the petitioner received notice of the Consent Order;

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e) Either a statement of all material facts disputed by the petitioner or a statement that the petitioner does not dispute any material facts;

f) A statement of the specific facts the petitioner contends warrant reversal or modification of the Consent Order;

g) A statement of the rules or statutes the petitioner contends require reversal or modification of the Consent Order; and

h) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Consent Order.

The petition must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this notice. A copy of the petition must also be mailed at the time of filing to the District Office at 3319 Maguire Blvd, Ste. 232, Orlando, FL 32803. Failure to file a petition within the 21-day period constitutes a person’s waiver of the right to request an administrative hearing and to participate as a party to this proceeding under sections 120.569 and 120.57, Florida Statutes. Before the deadline for filing a petition, a person whose substantial interests are affected by this Consent Order may choose to pursue mediation as an alternative remedy under section 120.573, Florida Statutes. Choosing mediation will not adversely affect such person’s right to request an administrative hearing if mediation does not result in a settlement. Additional information about mediation is provided in section 120.573, Florida Statutes and Rule 62-110.106(12), Florida Administrative Code.

25. Rules referenced in this Order are available at

http://www.dep.state.fl.us/legal/Rules/rulelist.htm

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FOR THE RESPONDENT:

____________________________________ ______ Chris Larson Date Senior Vice President, Operations and Research & Development