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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: �� z- ........... . �� 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 2 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 W MF/ETC/JC/E W/MKW ATTACHMENT A ., Mt 9 • 1 ` � ' fir' l • • • a r / ` • d � � M I ' • `4 1 • s � E S a 0 R BackgroundSource:1BING World Imagery 100 0 100 200 e Legend Feet a Approximate Site Boundary =• c Es i,Di.it I•b •E i b d - A U- = w —••` Get a• ing,Ae o• id, I�N, IGP,s isst• o,a GI- Use i s 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 a 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: 1 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. 2 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. 3 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 --------------------------------------------------------------------------------------------------------------------- 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