Aunvia's Consent Order and Maintenance Shutdown
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| The e-mail arrived 6/2/2020 The Complete Text of the Consent Order (attachment 1) (Attachment 2 is posted below)
FLORIDA DEPARTMENT OF
Environmental Protection CENTRAL DISTRICT OFFICE 3319 MAGUIRE BLVD., SUITE 232 ORLANDO, FLORIDA 32803
Ron DeSantis
Governor Jeanette Nuñez Lt. Governor Noah Valenstein Secretary
May 29, 2020
Chris Larson Senior Vice President, Operations and Research & Development Anuvia Florida LLC
6751 W Jones Ave Zellwood FL 32798 clarson@anuvianutrients.com Re: Anuvia BTF DW Facility ID #FLA762504 Air Facility ID # 0951337-006-AO OGC Case No: 20-0188/ OCEPD-20-001 Orange County Dear Mr. Larson:
Enclosed is a Consent Order ("Order") for resolution of the referenced enforcement case. Please review this document and within 10 days of receipt, either: 1) return a signed copy to the Department or 2) provide comments and suggested changes. Once fully executed, a copy of the final document will be forwarded to you.
Should you have any questions or comments, please contact Dr. Phil Kane at 407-897-4156 or via e-mail at Phil.Kane@FloridaDEP.gov. Sincerely, Aaron Watkins, Director Central District Enclosure: Consent Order OGC No. 20-0188/OCEPD-20-001 cc: Phil Kane, David Smicherko, Ashley Gardner, Kirk White, FDEP Wanda Parker, OCEPD Wanda.Parker@ocfl.netHugh Broadhurst, hbroadhurst@anuvianutrients.comAlex Ryan, aryan@anuvianutrients.com Christianne Ferraro, chris@grovescientific.com Dottie Watson, DWatson@foley.com
floridadep.gov
BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
and AND ORANGE COUNTY ENVIRONMENTAL PROTECTION DIVISION.
v.
ANUVIA FLORIDA, LLC.
IN THE OFFICE OF THE CENTRAL DISTRICT
OGC FILE NO. 20-0188 OCEPD-20-001 CONSENT ORDER
This Consent Order (“Order”) is entered into among the State of Florida Department of Environmental Protection (“Department”), the Orange County Environmental Protection Division (“EPD”) and Anuvia Florida, LLC (“Respondent”) to reach settlement of certain matters at issue among the Department, EPD, and Respondent.
The Department and EPD find 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. The EPD, a division of Orange County government, is a local environmental agency created by the Orange County Air and Water Pollution Control Act, Chapter 67-1830, Laws of Florida and exists under the Orange County Charter and the County's home rule authority. The powers and duties of EPD as enforced under Chapter 15 - Article III are set forth in the Orange County Code of Ordinances and administrative regulations. The EPD is an
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approved local pollution control program under Section 403.182, F. S. delegated by the Department to act on the Department’s behalf to protect the air quality of Orange County.
Zellwood Plant, a 40 dry tons/day (DTPD) dewatered biosolids treatment facility and a fertilizer manufacturing facility (“Facility”). The Facility is operated under Wastewater Permit No. FLA762504 (“Wastewater Permit”), which was issued on December 9, 2016 and will expire on December 8, 2021 and Air Permit No. 0951337-006-AO (“Air Permit”) which was issued on August 9, 2017 and will expire on December 30, 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.
5. The Department and EPD find that the following violation(s) occurred:
a) Department personnel noted objectionable odors on November 19, 2019,
February 10, 2020, February 20, 2020 and May 22, 2020 leaving the boundaries of the Facility along Willow Street.
b) EPD personnel conducted a site inspection of the Facility on February 6, 2020 and noted that objectionable odors were detected off site, visible emissions greater than 20% opacity were observed coming out of the dust collector (DC103/DC1173) exhaust stack on the north side of the production building, and the Facility did not have an operation and maintenance (O&M) plan for the Natural Gas Fired Dryer (EU 001) and for the Pollution Control System (EU 002).
Having reached a resolution of the matter Respondent, the Department and EPD mutually agree and it is
ORDERED:
6. 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) and 62-296.320(2) F.A.C.
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b) Respondent shall complete all recommended actions in the timeframes outlined in Exhibit I attached and incorporated hereto.
c) Every calendar quarter after the effective date of this Order, Respondent shall submit in writing to the Department and EPD 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 and EPD within 30 days following the end of the quarter.
d) Within 30 days of the effective date of this Order, Respondent shall submit an Operation and Maintenance Plan to EPD for the Natural Gas Fired Dryer (EU 001) and for the Pollution Control System (EU 002).
7. Within 15 days of a submitted quarterly progress report described in paragraph 6.c) (“Report”) that indicates the corrective actions listed in Exhibit I are not adequate to address the offsite odors or if after corrective actions in Exhibit I are made, within 15 days after notification to Respondent by either Department or EPD personnel verifying offsite odors (“Notification”), the Respondent shall retain the services of a professional engineer, registered in the State of Florida, to accomplish all of the following:
full and consistent compliance with all applicable rules of the Department and EPD
c) Complete an application for a Department wastewater permit and/or an air permit to construct the modifications listed in subparagraph (b) of this paragraph, if such a permit is required
sealed by a professional engineer registered in the State of Florida, stating that modifications to
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the Facility and collection system have been constructed in accordance with the provisions of the wastewater permit.
f) Before initiating the treatment system evaluation described in subparagraphs (a) and (b) of this paragraph, contact Dr. Phil Kane, the Department’s Domestic Wastewater Compliance Inspector, and if an air permit is appropriate, contact Ilka Bundy, EPD’s Air Quality Management Team Leader by telephone or in person.
g) In the event the Department requires additional information to process the wastewater permit application or EPD requires additional information to process an air permit application described in subparagraph (c) of this paragraph, Respondent shall provide a written response containing the information requested by the Department or EPD to the respective agency within 90 days of the date of the request.
8. Within 60 days of the date of the Report or Notification, Respondent shall submit a complete application for a Department wastewater permit, and/or EPD air permit as applicable, to construct the modifications identified in subparagraph (6)(b), if such a permit is required.
9. Within 150 days of the date a wastewater permit is issued, or, if no permit is required, within 150 days of the Report or Notification, Respondent shall complete construction of the modification(s) developed pursuant to paragraph (7) 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 have 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.
10. Notwithstanding the time periods described in the paragraphs above, Respondent shall complete all corrective actions required by paragraphs 6 through 9 within 345 days of the effective date of this Order and be in full compliance with Rule 62-640.400 and Rule 62-296.320(2), F.A.C., regardless of any intervening events or alternative time frames imposed in this Order.
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11. Within 30 days of the effective date of this Order, Respondent shall pay the Department $3,000.00 in settlement of the regulatory matters addressed paragraph 5.a) in this Order. This amount includes $2,500.00 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.
12. Within 30 days of the effective date of this Order, Respondent shall pay the EPD $5,500.00 in settlement of the regulatory matters addressed in paragraph 5.b) of this Order. This amount includes $4,500.00 for civil penalties and $1,000.00 for costs and expenses incurred by the EPD during the investigation of this matter and the preparation and tracking of this Order.
13. Respondent agrees to pay the Department stipulated penalties in the amount of $1,000.00 per day for each and every day Respondent fails to timely comply with any of the requirements of paragraphs 6 through 11, of this Order, [except paragraph 6.d)] 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 14, below. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any terms of this Order (except paragraph 6.d). Any stipulated penalties assessed under this paragraph shall be in addition to the civil penalties agreed to in paragraph 11 of this Order. Respondent agrees to pay the EPD stipulated penalties in the amount of $1,000.00 per day for each and every day Respondent fails to timely comply with any of the requirements of paragraph 6.d. EPD may demand stipulated penalties at any time after violations occur. Respondent shall pay stipulated penalties owed within 30 days of the EPD’s issuance of written demand for payment and shall do so as further described in paragraph 15, below. Nothing in this paragraph shall prevent EPD from filing suit to specifically enforce paragraph 6.d. of this Order. Any stipulated penalties assessed under this paragraph shall be in addition to the civil penalties agreed to in paragraph 12 of this Order.
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14. Respondent shall make payments required by the Department of 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.
15. Respondent shall make payments required by the EPD of this Order by cashier's check or money order. Cashier’s check or money order shall be made payable to the Orange County BCC and shall include the OCEPD File Number assigned above and the notation “Air Quality Improvement Fund.”
16. Except as otherwise provided, all submittals and payments required by the Department of this Order shall be sent to Department of Environmental Protection, Central District, 3319 Maguire Blvd Suite 232, Orlando, FL 32803 or DEP_CD@dep.state.fl.us.
17. Except as otherwise provided, all submittals and payments required by the EPD of this Order shall be sent to Orange County Environmental Protection Division, 3165 McCrory Place, Suite 200, Orlando, FL 32803.
18. Respondent shall allow all authorized representatives of the Department and EPD 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.
19. 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 and EPD of such intended 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
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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.
20. 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 and EPD ( EPD notice only applies to delays related to paragraph 6.d) only) 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 measures. If the Department (EPD as to paragraph 6.d. only) and Respondent 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.
21. The Department and EPD, for and in consideration of the complete and timely performance by Respondent of its obligations agreed to in this Order, hereby conditionally
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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 terms of this Order.
22. This Order is a settlement of the Department and EPD’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.
23. The Department and EPD hereby expressly reserves the right to initiate appropriate legal action to address any violations of statutes or rules administered by the Department and EPD that are not specifically resolved by this Order.
24. 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.
25. 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 acknowledges and waives its right to appeal the terms of this Order pursuant to section 120.68, F.S.
26. 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 the Respondent, EPD and the Department, and filed with the clerk of the Department. Any modification of paragraphs 6.d) or 12 will require approval in writing by EPD.
27. The Department reserves the rights to enforce all terms and conditions set forth in this Order except paragraph 6.d) and 12 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. EPD reserves the rights to enforce all terms and
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conditions set forth in paragraph 6.d) and 12 of this Order in a court of competent jurisdiction pursuant to sections 120.69 and 403.121 F.S.
28. This Consent Order is a final order of the Department and EPD 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 and EPD’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:
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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 and Orange County Attorney’s Office, Third Floor, 201 South Rosalind Avenue, Orlando 32802-1393 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 and EPD’s office at 3165 McCrory Place, Ste. 200, 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.
29. Rules referenced in this Order are available at
http://www.dep.state.fl.us/legal/Rules/rulelist.htm
https://library.municode.com/fl/orange_county/codes/code_of_ordinances?nodeId=PTIIO RCOCO_CH15ENCO_ARTIIIAIQUCO
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FOR THE RESPONDENT:
____________________________________ ______ Chris Larson Date Senior Vice President, Operations and Research & Development
FOR ORANGE COUNTY ENVIRONMENTAL PROTECTION DIVISION:
__________________________________ David D. Jones, P.E., CEP
Manager
Entered into this ___________ day of ___________________, 2020, in Orlando, Florida.
FOR DEPARTMENT OF ENVIRONMENTAL PROTECTION:
DONE AND ORDERED this ______ day of __________, 2020, in Orange County, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
____________________________________ Aaron Watkins
District Director
Central District
Filed, on this date, pursuant to section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged.
________________________________ _____________________ Clerk Date
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Final Clerked Copies furnished to:
Lea Crandall, Agency Clerk
Mail Station 35
Jessica Dalton, Environmental Administrator, FDEP
Wanda Parker, Regulatory Compliance Program Coordinator, EPD Jane Heppner, Senior Environmental Specialist, EPD
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Exhibit 1
Anuvia Plant Nutrients Corporation
6751 West Jones Avenue, Zellwood, FL 32798
Date: March 5, 2020
To: David Smicherko, FDEP From: Hugh Broadhurst Re: Anuvia Odor Reduction Actions Dear Mr. Smicherko, Here is the list of actions we discussed this week for odor reduction:
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