2014-28822 Reso 2014-28822
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
EXECUTION OF A CONSENT AGREEMENT WITH MIAMI-DADE COUNTY'S
DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES,
DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT TO
POSTPONE THE REMEDIATION OF AN EXISTING HYDROCARBON
DISCHARGE AT THE FLEET MAINTENANCE FACILITY LOCATED IN THE
VICINITY OF 140 MACARTHUR CAUSEWAY FOR APPROXIMATELY
THIRTY MONTHS.
WHEREAS, on October 5, 1992, Miami-Dade County's Department of Regulatory and
Economic Resources (RER) discovered free-floating product, characterized as synthetic oil,
associated with a discharge of the hydraulic lift pumps at the City's Fleet Maintenance Facility;
and
WHEREAS, the Florida Department of Environmental Protection (FDEP) has deemed
that the discharge is not eligible for clean-up as part of the State's Petroleum Cleanup
Participation Program (PCPP); and
WHEREAS, in 2012 the FDEP determined that the site is not eligible for the PCPP; and
WHEREAS, the City's most recent assessment of the discharge confirmed the localized
presence of residual free product in the groundwater and of hydrocarbon derivatives in the soil
at the Fleet Maintenance Facility that are not currently migrating off-site; and
WHEREAS, based on these results, RER is requiring the City to continue site
assessment activities and pursue regulatory closure of the site; and
WHEREAS, the City is currently considering a redevelopment project for the property;
and
WHEREAS, combining the remediation work with the redevelopment activities would
lower the remediation project costs, reduce unnecessary site disturbance, and facilitate access
to contaminated soils near or under existing structures on-site; and
WHEREAS, RER has agreed to grant the City a thirty month extension to complete the
remediation activities either as part of the site's redevelopment or a stand-alone project
contingent upon the execution of a consent agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the execution of a consent agreement with Miami-
Dade County's Department of Regulatory and Economic Resources, Division of Environmental
Resources Management to postpone the remediation of an existing hydrocarbon discharge at
the Fleet Maintenance Facility located in the vicinity of 140 MacArthur Causeway for
approximately thirty months.
PASSED and ADOPTED this day of `MW'Rt4y!!- , 2014.
ATTEST:
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........... .
�� PHILI AYOR
RjZPH GRA A O, C LE K
INCORP ORATED: ��
. �j APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
2C
City Attorney Date
T:\AGENDA\2014\November\Fleet Consent Agreement- RESO.doc
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Approving And
Authorizing The Execution Of A Consent Agreement With Miami-Dade County's Department Of Regulatory And
Economic Resources, Division Of Environmental Resources Management To Postpone The Remediation Of An
Existing Hydrocarbon Discharge At The Fleet Maintenance Facility Located In The Vicinity Of 140 MacArthur
Causeway For Approximately Thirty Months.
Key Intended Outcome Supported:
Build and Maintain Priority Infrastructure with Full Accountability
Supporting Data(Surveys,Environmental Scan,etc.): In the 2014 Environmental Scan, the Fleet Maintenance
Facility buildings received a Facility Condition Index Rating above 0.15 indicating they are in poor condition.
Item Summa /Recommendation:
On October 5, 1992, Miami-Dade County's Department of Regulatory and Economic Resources (RER)
discovered free-floating product,characterized as synthetic oil, in an on-site monitoring well(MW-8)at the
City's Fleet Maintenance Facility(Attachment A). In a Contamination Assessment Report dated January
14, 1993,the City indicated that the discharge was associated with the on-site hydraulic lift pumps,detailed
the results of the Non-Aqueous Phase Liquids (NAPL) analysis collected from MW-8.
On October 30,2013, City staff met with the Environmental Code Enforcement Section of RER to discuss
the next steps for achieving regulatory closure of this facility. RER provided a proposed scope of work
which included visual and Organic Vapor Analysis(OVA)screening of four soil borings and testing of the
existing monitoring wells on-site. In FY 2013/14,the City filed a Risk Management Damage Claim Form for
this property in order to use$25,000 of Risk Management funds to initiate the required investigation.
In May 2014, soil and groundwater samples that were collected from the site confirmed the presence of
free product in MW-8 and of hydrocarbon derivatives in the surrounding soil. It must be noted that
presence of the Fleet Management office building restricted the ability to collect samples to the north of
MW-8. Based on the results of the limited assessment, it is anticipated that the presence of free product is
localized in the immediate vicinity of MW-8,that it is residual in nature, and that it is not currently migrating
off-site. However, RER has required the City to continue the site assessment activities and pursue
regulatory closure of the site due to the property's prior compliance issues.
The City is-considering redeveloping the site in the near future. If the remediation work is incorporated into
the site's redevelopment rather than performed as a stand-alone project,the City can lower project costs,
reduce unnecessary site disturbance, and facilitate the assessment and removal of contaminated soils
near or under the existing building. Staff has requested a thirty month extension from RER to complete the
remediation activities either as part of a site redevelopment effort or a stand-alone project.
The'County approved the City's request contingent upon the City approving and executing a consent
agreement (Attachment B). The consent agreement includes progressive milestones, including the
development and implementation of an interim groundwater monitoring plan. These activities will be
conducted using the remaining project budget funded through the Risk Management Division.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
City Clerk's Office Legislative Tracking:
Elizabeth Wheaton ext.6121
Sign-Offs:
Departmen Assistant Ci ager City n er
JJ JL
T:AGENDA120141November\Fleet Consent Agreement-Summary.doc
AGENDA ITT C7D
MIAMIBEACH
DATE 11-1P-19'
MIAMI BEACH
--- --City-of-Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
-- COMMISSIO MEMORANDUM
-- TO: - -- -Mayor Philip Levine and Members of tlie City Co ission
-
-FROM-.-' -Jimmy L. Morales, City Manager
DATE: November 19, 2014
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, LORIDA, APPROVING AND
AUTHORIZING THE EXECUTION OF A CONSENT
AGREEMENT WITH MIAMI-DADE COUNTY'S DEPARTMENT
OF. REGULATORY AND ECONOMIC RESOURCES, DIVISION
OF ENVIRONMENTAL RESOURCES MANAGEMENT TO
-- - - ..- POSTPONE THE REMEDIATION OF AN EXISTING
HYDROCARBON DISCHARGE AT THE FLEET
MAINTENANCE FACILITY LOCATED IN THE VICINITY OF 140
MACARTHUR CAUSEWAY FOR APPROXIMATELY THIRTY
- MONTHS.
-BACKGROUND
On October 5, 1992, Miami-Dade County's Department of Regulatory and Economic
Resources (RER) discovered free-floating product, characterized as synthetic oil, in an
on--site- monitoring well (MW-8) at the City's Fleet Maintenance Facility (Attachment A).
In a Contamination Assessment Report dated January 14, 1993, the City indicated that
the discharge was associated with the on-site hydraulic lift pumps, detailed the results of
the Non-Aqueous Phase Liquids (NAPL) analysis collected from MW-8.
-- On January 23, 2012, RER requested that the Florida Department of Environmental
Protection (FDEP) consider the site's eligibility in the Petroleum Cleanup Participation
Program for the October 5, 1992 discharge. However, in a letter dated January 27, 2012,
FDEP stated that the discharge was not eligible because hydraulic lift pumps are not
considered petroleum storage systems. Therefore, FDEP requested that the City submit
a Site Assessment Report Addendum.
On October 30, 2013, City staff met with the Environmental Code Enforcement Section
of.RER to discuss the next steps for achieving regulatory closure of this facility. RER
provided a proposed scope of work which included visual and Organic Vapor Analysis
(OVA) screening of four soil borings and testing of the existing monitoring wells on-site.
In FY 2013/14, the City filed a Risk Management Damage Claim Form for this property
in order to use $25,000 of Risk Management funds to initiate the required investigation.
In -May 2014, soil and groundwater samples that were collected from the site confirmed
the presence of free product in MW-8 and of hydrocarbon derivatives in the surrounding
soil. It must be noted that presence of the Fleet Management office building restricted
- the ability to collect samples to the north of MW-8. Based on the results of the limited
assessment, it is anticipated that the presence of free product is localized in the
Fleet Maintenance Consent Agreement Memo
November 19, 2014
Page 2 of 2
immediate vicinity of MW-8, that it is residual in nature, and that it is not currently
migrating off-site. However, RER has required the City to continue the site assessment
activities and pursue regulatory closure of the site due to the property's prior compliance
issues.
ANALYSIS
The City is considering redeveloping the site in the near future. If the remediation work is
incorporated into the site's redevelopment rather than performed as a stand-alone
project, the City can lower project costs, reduce unnecessary site-disturbance, and
facilitate the assessment and removal of contaminated soils near or under the existing
building. Staff has requested a thirty month extension from RER to complete the
remediation activities either as part of a site redevelopment effort or a stand-alone
project.
The County approved the City's request contingent upon the City approving and
executing a consent agreement (Attachment B). The consent agreement includes
progressive .milestones, including the development and implementation of an interim
groundwater monitoring plan. These activities will be conducted using the remaining
project budget funded through the Risk Management Division.
CONCLUSION
The Administration recommends authorizing and approving the execution of the consent
agreement with Miami-Dade County.
Attachments:
A: Monitoring Well Location Map
B: Conse t Agreement
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MF/ETC/JC/E W/MKW
ATTACHMENT A
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4 E Sciences,Incorporated FIGURE
8 FL Engineering Lic.#8691 Site Assessment Report Addendum
111 NE 1 st Street,Suite 906
R Miami,Florida 33126 Miami Beach Fleet Mana ement 2010 Aerial Photo ra h
3 If r SCi COS www.esciencesinc.com g g p
Phone:305 5
Fax: 305.397.155 6 Section 4,Township 54S, Range 42E
140 MacArthur Causeway
DRAWN CHECKED PROJECT NUMBER: SCALE: DATE:
g BY:TV BY:MP 7-0002-012 Miami Beach,Miami-Dade County, FL 1"=100' 4/16/2014
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ATTACHMENT B
MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY )
AND ECONOMIC RESOURCES, DIVISION OF ENVIRONMENTAL )
RESOURCES MANAGEMENT )
Complainant, )
CONSENT AGREEMENT
Vs. )
City of Miami Beach )
Respondent )
This Agreement entered into by and between the MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY AND ECONOMIC
RESOURCES, DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT (hereinafter referred to as "DERM"), and the
City of Miami Beach (hereinafter referred to as"Respondent") pursuant to Section 24-7(15)(c), Miami-Dade County Environmental
Protection Ordinance, shall serve to redress violations of Chapter 24 of the Code of Miami-Dade County, Florida (hereinafter"the
Code") at the site located at the City of Miami Beach, Fleet Maintenance facility located in the vicinity of 140 MacArthur
Causeway, Miami Beach, Miami-Dade County, Florida (hereinafter the "Subject Property"); (UT-2689/File-3527/DEP # 13-
9201879).
DERM finds and Respondent admits the following:
FINDINGS OF FACT
1. DERM is an agency of Miami-Dade County, a political subdivision of the State of Florida which is empowered to
control and prohibit pollution and protect the environment within Miami-Dade County pursuant to Article VIII, Section
6 of the Florida Constitution, the Miami-Dade County Home Rule Charter and Section 403.182 of the Florida
Statutes(F.S.).
2. DERM's investigations at the subject facility have revealed hydrocarbons discharged to the ground and/or
groundwater of Miami-Dade County in violation of Chapter 24 of the Code of Miami-Dade County, Florida and
therefore, a Site Assessment Report (SAR) Addendum prepared in accordance with Chapter 62-780, Florida
Administrative Code (FAC) is required. On April 19, 2010, DERM issued a Limited Closure Summary Report
Addendum (LCSRA) approval letter and required submittal of additional assessment information to address the
documented onsite contamination. The required additional information has not been submitted to the Department.
3. Respondent is seeking to delay the pending on-site contamination remediation for approximately thirty (30) months
from the effective date of this Agreement in order to include the required remedial activities in a planned site
redevelopment project.
4. Respondent hereby consents to the terms of this Agreement without either admitting or denying the allegations
made by DERM.
5. In an effort to insure continued protection of the health and safety of the public and the environment of Miami-Dade
County and to insure compliance with Chapter 24 of the Code of Miami-Dade County, Florida and to avoid time-
consuming and costly litigation,the parties hereto agree to the following and it is hereby ORDERED:
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SUBMITTAL AND REPORTING REQUIREMENTS
6. Within thirty (30) days of the effective date of this Agreement Respondent shall submit to DERM an interim ground
water monitoring plan as required in the DERM letter to the City of Miami Beach dated July 7, 2014. The
groundwater monitoring plan shall provide for groundwater sampling to determine whether the contaminant plume is
migrating towards off-site. Respondent shall implement said plan in accordance with DERM approval and provide to
DERM groundwater monitoring reports within the time periods specified by DERM. If DERM requires submittal of
additional information, Respondent shall submit the required additional information within the specified timeframes.
7. Additional sampling events and interim remedial activities may be required based on the results of the interim
groundwater monitoring. If upon review of Respondent's groundwater monitoring reports, DERM requires submittal
of additional information or a proposed plan of action if data indicates migration of the contaminant plume off-site,
Respondent shall submit the required information within the timeframes specified by DERM.
8. Within-ninety(90) days of the effective date of this Agreement and on a quarterly basis thereafter, Respondent shall
submit a Status Report to DERM which shall include details of completed activities and an update on the status of
remaining activities regarding property development and contamination assessment and remediation at the subject
site.
9. Within thirty(30) months of the effective date of this Agreement, Respondent shall submit to DERM two(2)copies of
an Addendum to the Site Assessment Report (SAR). Respondent shall implement the SAR in accordance with the
DERM approval. If DERM requires submittal of additional information, Respondent shall submit the required
additional information within the specified timeframes, including information regarding any required contamination
remedial activities.
10. Respondent's failure to submit the required additional information within DERM specified timeframes may result in
additional enforcement action by the Department.
11. Respondent shall provide DERM at least three (3) working days notice prior to any assessment, sampling or
remedial activities conducted at the facility in order to allow DERM representatives to be present while evaluation
and remediation activities are performed.
SAFETY PRECAUTION
12. Respondent shall maintain the subject site, during the pendency of this Agreement, in a manner which shall not
pose a hazard or threat to the public at large or the environment and shall not cause a nuisance or sanitary nuisance
as set forth in Chapter 24 of the Code of Miami-Dade County, Florida.
SETTLEMENT COSTS
13. The Respondent hereby certifies that it has the financial ability to comply with the terms and conditions set forth
herein and to comply with the payments specified in this Agreement.
14. The Respondent shall,within thirty(30)days of the effective date of this Agreement, submit to DERM$3,645.00 in a
certified check, made payable to Miami-Dade County, which shall serve to reimburse DERM for its administrative
costs incurred in bringing this facility into compliance and the administration and follow-up required pursuant to this
Agreement. The Check shall be made payable to Miami-Dade County and sent to DERM, c/o Sharon Crabtree, 701
NW 1 st Court,6th Floor, Miami-Dade County, Florida 33136.
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15. In the event Respondent fails to submit, implement, complete, continue or otherwise comply with those items listed
in paragraph 6, 7, 8 and 9, herein, the Respondent may be subject to further enforcement action for such failure
pursuant to the provisions set forth in Chapter 24 of the Code of Miami-Dade County, Florida.
GENERAL CONDITIONS
16. This Agreement constitutes a lawful order of the Director of the Division of Environmental Resources Management,
Department of Regulatory and Economic Resources and is enforceable in a civil or criminal court of competent
jurisdiction. Violation of any requirement of this Agreement may result in enforcement action by DERM. Each
violation of any of the terms and conditions of this Agreement by the Respondent shall constitute a separate offense.
17. Respondent shall allow authorized representatives of DERM access to the property at reasonable times for
purposes of determining compliance with this Consent Agreement and the rules and regulations set forth in Chapter
24, Miami-Dade County Environmental Protection Ordinance.
18. The DERM expressly reserves the right to initiate appropriate legal action to prevent or prohibit the future violation of
applicable statutes or the rules promulgated thereunder.
19. Entry into this Consent Agreement does not relieve Respondent of the responsibility to comply with applicable
federal, state or local law, regulations and ordinances.
20. Where timetables or conditions cannot be met by Respondent due to circumstances beyond Respondent's control,
Respondent shall provide written documentation to DERM,which shall substantiate that the cause(s)for the delay or
non-compliance was not reasonably within the control of the Respondent. A determination of the reasonableness of
the delay shall be made by DERM for the purpose of continued enforcement pursuant to paragraphs 15 and 16 of
this Agreement.
21. This Agreement shall neither be evidence of a prior violation of this Chapter nor shall it be deemed to impose any
limitation upon any investigation or action by DERM in the enforcement of Chapter 24, Miami-Dade County
Environmental Protection Ordinance.
22. In consideration of the complete and timely performance by the Respondent of the obligations contained in this
Agreement, DERM waives its right to seek judicial imposition of damages or criminal or civil penalties for the matters
alleged in this Agreement.
23. This Agreement shall become effective upon the date of execution by the Director of the Division of Environmental
Resources Management, or his designee.
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Date City of Miami Beach
Before me, the undersigned authority, personally appeared who after being duly sworn,
deposes and says that he had read the foregoing.
Subscribed and sworn to before me this_day of ,2014 by
(Name of affiant)
Personally Known or Produced Identification
(Check One)
Type of Identification Produced:
APPROVED AS TO
FORM &LANGUAGE Notary Public
&FOR EXECUTION
Za ( 4---
City Attorney Date
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DO NOT WRITE BELOW THIS LINE OFFICE USE ONLY
Date Lee N. Hefty, Director
Division of Environmental Resources Management
Department of Regulatory and Economic Resources
Witness Witness
4