2017-29888 Reso RESOLUTION NO. 2017-29888
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN ADDENDUM TO THE JANUARY 30, 2015
CONSENT AGREEMENT WITH MIAMI-DADE COUNTY'S DEPARTMENT OF
REGULATORY AND ECONOMIC RESOURCES, DIVISION OF
ENVIRONMENTAL RESOURCES MANAGEMENT, IN A FORM
ACCEPTABLE TO THE CITY MANAGER AND CITY ATTORNEY, TO
POSTPONE THE REMEDIATION OF AN EXISTING HYDROCARBON
DISCHARGE AT THE FLEET MAINTENANCE FACILITY LOCATED IN THE
VICINITY OF 140 MACARTHUR CAUSEWAY FOR AN ADDITIONAL
TWENTY-FOUR (24) MONTHS, FOR A TOTAL OF FIFTY-FOUR (54)
MONTHS FROM THE CONSENT AGREEMENT'S EFFECTIVE DATE.
WHEREAS, on October 5, 1992, Miami-Dade County's Department of Regulatory and
Economic Resources (RER), Division of Environmental Resources Management (DERM),
discovered free-floating product, characterized as synthetic oil, associated with a discharge of
the hydraulic lift pumps at the City's Fleet Maintenance Facility located in the vicinity of 140
MacArthur Causeway; 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 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 DERM is requiring the City to continue site
assessment activities, submit an Addendum to the Site Assessment Report, and pursue
regulatory closure of the site; and
WHEREAS, the City is currently considering a redevelopment project for the property
and 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 DERM agreed to grant the City an 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; and
WHEREAS, the City and RER DERM executed a Consent Agreement on January 30,
2015 (Effective Date) which provided that the city would provide an Addendum to the Site
Assessment Report (SAR) within thirty (30) months in July 2017; and
WHEREAS, the City is still in discussions regarding the potential redevelopment of the
site and has requested a twenty-four (24) month extension of the original thirty (30) month
period; and
WHEREAS, RER DERM has agreed to grant the City an additional twenty-four (24)
month extension to the January 30, 2015 Consent Agreement, postponing the submittal of the
Addendum to the SAR regarding the existing hydrocarbon discharge for a total of fifty-four (54)
months from the Consent Agreement's Effective Date.
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 an Addendum to the January 30,
2015 Consent Agreement with Miami-Dade County's Department of Regulatory and Economic
Resources, Division of Environmental Resources Management, in a form acceptable to the City
Manager and City Attorney, to postpone the submittal of the SAR Addendum regarding an
existing hydrocarbon discharge at the Fleet Maintenance Facility located in the vicinity of 140
MacArthur Causeway for an additional twenty-four (24) months, for a total of fifty-four (54)
months from the Consent Agreement's Effective Date.
PASSED and ADOPTED this 7 day of 3-111IG , 20 /
ATTEST:
PHILIP L`' ' YOR
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Resolutions - C7 P
MAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 7, 2017
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN ADDENDUM TO THE JANUARY 30, 2015
CONSENTAGREEMENT WITH MIAMI-DADE COUNTY'S DEPARTMENT OF
REGULATORY AND ECONOMIC RESOURCES, DIVISION OF
ENVIRONMENTAL RESOURCES MANAGEMENT, IN A FORM
ACCEPTABLE TO THE CITY MANAGER AND THE CITY ATTORNEY, TO
POSTPONE THE REMEDIATION OF AN EXISTING HYDROCARBON
DISCHARGE AT THE FLEET MAINTENANCE FACILITY LOCATED IN THE
VICINITY OF 140 MACARTHUR CAUSEWAY FOR AN ADDITIONAL
TWENTY-FOUR (24) MONTHS, FOR A TOTAL OF FIFTY-FOUR (54)
MONTHS FROM THE CONSENTAGREEMENT'S EFFECTIVE DATE.
ANALYSIS
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 Site
Assessment Report dated January 14, 1993, the City indicated that the discharge was
associated with the on-site hydraulic lift pumps and detailed the results of the Non-Aqueous
Phase Liquids (NAPL) analysis collected from MW-8. Recently conducted analyses confirm
the discharge has remained localized at its source since it was first discovered and that it is not
migrating within or off the site.
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
Page 737 of 1414
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.
I n 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 and
subsequent groundwater sampling events, the presence of free product is localized in the
immediate vicinity of MW-8, is residual in nature, and is not currently migrating off-site.
Due to the localized nature of the plume, the frequency of sampling was reduced from quarterly
events to semi-annual events in November 2016. However, RER has required the City to
continue the site assessment activities, submit an Addendum to the Site Assessment Report,
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 and granted a 30 month extension contingent upon the
City approving and executing a consent agreement with progressive milestones, including the
development and implementation of an interim groundwater monitoring plan (Attachment B).
The City executed a consent agreement in January 30, 2015, which expires and requires the
City to submit the Addendum to the Site Assessment Report in July 2017. The City is still in
discussions regarding the potential redevelopment of the site. As such, RER has agreed to
grant the City an additional 24 month extension to the consent agreement, postponing the
remediation of the existing hydrocarbon discharge for a total of 54 months from the consent
agreement effective date.
CONCLUSION
The Administration recommends authorizing and approving the execution of the addendum to
the January 30, 2015 consent agreement with Miami-Dade County.
Legislative Tracking
Environment and Sustainability
ATTACHMENTS:
Description
o A: Monitoring Well Location Map
Page 738 of 1414
o B: January 30, 2015 Consent Agreement
D C: Consent Agreement Addendum
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ADDENDUM TO THE JANUARY 30,2015 CONSENT AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES
AND
CITY OF MIAMI BEACH
This Consent Agreement Addendum, entered into by and between 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 amend certain provisions of the January 30, 2015 Consent Agreement executed for the
site located at, near or in the vicinity of 140 MacArthur Causeway, Miami Beach, Miami-Dade County, Florida(UT-2689/File-
3527/DEP# 13-9201879). This Consent Agreement Addendum is hereby incorporated into the January 30, 2015 Consent
Agreement.
DERM and the Respondent agree to amend paragraph No.9,of the January 30,2015 Consent Agreement as follows:
9.Within fifty four(54) months of the Consent Agreement effective date, Respondent shall submit to DERM two 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 specific timeframes,including information regarding any required remedial activities.
All other provisions of the January 30, 2015 Consent Agreement shall remain unchanged and in full force and effect for the
duration of that Agreement.
This Consent Agreement Addendum and the provisions herein shall become effective upon execution by the Director of
DERM,or the Director's designee.
Page 741 of 1414
•
Date Authorized Representative of the City of Miami Beach
Before me,the undersigned authority,personally appeared
, who after being duly sworn, deposes and says that he has read and agreed to the
foregoing.
Subscribed and sworn to before me this day of ,2017 by
(Name of affiant)
Personally known or Produced Identification
Type of Identification Produced:
Notary Public
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
Page 742 of 1414
• 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-DARE 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 82-780, 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.
S. 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:
Page 743 of 1414
•
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. Respondents 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 Coda 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 foliow-up required pursuant to this
Agreement. The Check shall be made payable to Miami-Dade County and sent to DERM,do Sharon Crabtree,701
NW 1st Court,6th Floor,Miami-Dade County,Florida 33136.
2
Page 744 of 1414
•
15. in the event Respondent falls 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-Dads 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
Page 745 of 1414
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Before me, the undersigned authority, personally appeared J 1(M 114 i • ntar S , who after being duly sworn,
deposes and says that he had read the foregoing. .—
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Page 746 of 1414