HomeMy WebLinkAboutResolution 2026-34076RESOLUTION NO. 2026-34076
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONSENT ORDER WITH THE STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
NOTICED ALLEGED PERMIT VIOLATIONS DATING BACK TO FISCAL
YEARS 2022-2023, ASSOCIATED WITH CITY WASTEWATER
COLLECTION SYSTEMS, IN ALLEGED VIOLATION OF 62-604.130
AND 62-620.300 F.A.C., AND FLORIDA STATUTE 403.121(3)(b); AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSENT
ORDER ATTACHED HERETO AS EXHIBIT 1, FOR A TOTAL COST OF
$61,347.00.
WHEREAS, the State of Florida Department of Environmental Protection (the
"Department") under Chapter 403-403.031(5) of the Florida Statute, identifies the City of Miami
Beach (the "City") as the owner responsible for the operation of the Miami Beach Public Works
Wastewater Collection System (the "System"), a system of pipes and lift stations that collect
sewage in the City and delivers it to a regional wastewater treatment facility operated by the
Miami -Dade Water and Sewer Department; and
WHEREAS, the Department has notified the City of certain alleged Sanitary Sewer
Overflow/unauthorized discharge (SSO) violations. These SSOs are in alleged violation of 62-
604.130 and 62-620,300 F.A.C., and Fla. Stat. 403.121(3)(b). This list addresses alleged
violations occurring from February 4, 2022 —April 12, 2023; and
WHEREAS, the City of Miami Beach Public Works Department has been working
collaboratively with the Department and has mutually agreed to the following:
• Comply with all corrective actions, including providing an updated SSO Response
Plan, within the Department's specified timeframes.
• Submit a Phase 11 report to the Department by November 30, 2026, which will include
improvement projects completed to date, along with an implementation schedule and
completion dates for Phase I.
• Submit quarterly status reports to the Department until all corrective actions have been
completed.
• Remit payment in the amount of $61,347.00 to settle the regulatory matters addressed
in the Order; and
WHEREAS, the Department is seeking $60,347.00 for civil penalties and $1,000 for costs
and expenses, for a total cost to the City of $61,347.00; and
WHEREAS, by agreeing to the terms of the Consent Order, which include acknowledging
and waiving rights to appeal and paying the fines; the Consent Order will constitute a final order
of the Department, unless a third party files a request for an administrative hearing; and
WHEREAS, the Department acknowledges that the City's acceptance of this offer does
not constitute an admission of liability for the violations; and
WHEREAS, accordingly, the Administration recommends approving the Resolution and
authorizing the City Manager to execute the attached Consent Order and remit payment of
$61,347.00 to the Department.
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 authorize the City Manager to enter into a Consent Order with the State of Florida
Department of Environmental Protection for noticed alleged permit violations dating back to fiscal
years 2022-2023, associated with City wastewater collection systems, in alleged violation of 62-
604.130 and 62-620.300 F.A.C., and Florida Statute 403.121(3)(b); and authorizing the City
Manager to execute the Consent Order attached hereto as Exhibit 1, for a total cost of $61,347.00.
PASSED and ADOPTED this S day of r'ebrua rr 2026.
ATTEST:
FEB Q 9 2026
Rafael E. Granado, City Clerk
-1/ Steven Meiner, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
l gLlzoz;,
Cityney ;Ew Date
Resolutions - C7 P
MIAMI BEACH
COMMISSION MEMORANDUM
TO Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: February 5, 2026
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONSENT ORDER WITH THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION FOR NOTICED ALLEGED PERMIT
VIOLATIONS DATING BACK TO FISCAL YEARS 2022-2023, ASSOCIATED WITH
CITY WASTEWATER COLLECTION SYSTEMS, IN ALLEGED VIOLATION OF 62-
604.130 AND 62-620.300 F.A.C., AND FLORIDA STATUTE 403 121(3)(B); AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSENT ORDER
ATTACHED HERETO AS EXHIBIT 1, FOR A TOTAL COST OF $61,347.00.
RECOMMENDATION
The Administration recommends approving the Resolution
BACKGROUND/HISTORY
The State of Florida Department of Environmental Protection (the "Department") under Chapter
403-403.031(5) of the Florida Statute, identifies the City of Miami Beach (the "City") as the owner
responsible for the operation of the Miami Beach Public Works Wastewater Collection System
(the 'System"), a system of pipes and lift stations that collect sewage in the City and delivers it to
a regional wastewater treatment facility operated by the Miami -Dade Water and Sewer
Department.
The Department has notified the City of certain Sanitary Sewer Overflow/unauthorized discharge
(SSO) violations. These SSOs are in violation of 62-604.130 and 62-620.300 F A.C., and Fla.
Stat. 403.121(3)(b). This list addresses violations occurring from February 4, 2022 — April 12,
2023:
SWO
DATE
ADDRESS
VOLUME
SPILLED
VOLUME
RECOVERED
SURFACE WATER
IMPACTED
CAUSE
1
2022-692
4/2022
133 Dade Blvd
65.000
126,000
Biscayne Bay (3M)
Broken FM
2022-2555
/15/2022
81 St Hawthorne
,250
,250
Biscayne Bay (3M)
RV Failure
3
2022-5515
10/14/2022
Indian Creek 69 St
1,185,400
220.500
Biscayne Bay (3M)
Broken FM
2023-3023
�/12/2023
6040 La Gorce
84 167
16,900
Biscayne Bay (3M)
Broken FM
The City of Miami Beach Public Works Department has been working collaboratively with the
Department and has mutually agreed to the following:
• Comply with all corrective actions, including providing an updated SSO Response Plan,
within the Department's specified timeframes.
635 of 2180
• Submit a Phase II report to the Department by November 30, 2026, which will include
improvement projects completed to date, along with an implementation schedule and
completion dates for Phase I.
• Submit quarterly status reports to the Department until all corrective actions have been
completed.
• Remit payment in the amount of $61.347.00 to settle the regulatory matters addressed in
the Order
The Department is seeking $60,347.00 for civil penalties and $1,000 for costs and expenses, for
a total cost to the City of $61,347.00. By agreeing to the terms of the Consent Order (Exhibit 1),
which include acknowledging and waiving rights to appeal and paying the fines. the Consent
Order will constitute a final order of the Department, unless a third party files a request for an
administrative hearing
The Department acknowledges that the City's acceptance of this offer does not constitute an
admission of liability for the violations Accordingly, the Administration recommends approving the
Resolution and authorizing the City Manager to execute the attached Consent Order and remit
payment of $61,347 00 to the Department
ANALYSIS
City staff negotiated the Consent Order, which was originally estimated by the Department at
$426,225.00, down to $61,337.00. The Consent Order offers alternative payment options in lieu
of the $61,347.00, including an in -kind penalty project and/or a pollution prevention project;
however, these alternatives could become more costly over time due to inflation, labor/material
costs, scope creep and regulatory changes. After careful review. City staff has determined that it
is in the best interest of the City to pay the $61,347.00.
FISCAL IMPACT STATEMENT
A total cost of $61,347.00 ($60,347.00 for civil penalties and $1,000 for costs and expenses
incurred by the Department) Payment is due within 30 days of the effective date of the Order.
$61.347.00 Account#425-0420-000343-29-421-513-00-00-00-
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerklmeeting-notices/
CONCLUSION
The Administration recommends approving the Resolution.
Applicable Area
Citywide
636 of 2180
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
Yes
Is this item related to a G.O. Bond
Proiect?
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Public Works
Sponsor(s)
Co-sponsor(s)
Condensed Title
Authorize CM Enter into a Consent Order w/ SFDEP, Water Systems Permit Violation. PW
Previous Action (For City Clerk Use Only)
637 of 2180
BEFORF THE STATE OF FLORIDA
DEPARTMENT OF FNVIRONMF.NTAL PROTFCTION
STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE
OF ENVIRONMENTAL PROTECTION ) SOUTHEAST DISTRICT
V. ) OGC FILE NO.23-1373
CITY OF MIAMI BEACH )
CONSENT ORDE
This Consent Order (Order) is entered into between the State of Florida Department
of Environmental Protection (Department) and the City of Miami Beach (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 Miami
Beach Public Works Wastewater Collection System ("System"), a system of pipes and
lift stations that collect sewage in the City of Miami Beach and delivers it to a regional
wastewater treatment facility. The City of Miami Beach is a volume sewer customer
located in the Northeast portion of Miami -Dade County and purchases wastewater
treatment and disposal services from the Miami -Dade Water and Sewer Department
(" MD W ASD").
4. The Department finds that the following Sanitary Sewer Overflow/
unauthorized discharge (SSO) violations occurred:
638 of 2180
DEP vs. City of Miami Beach
Consent Order, OGC No. 23-1373
Page 2
1 2022-692 02/04/2022
2 2022-2555 04/15/2022
2022-5515 10/ 14/2022
3
4 2023-3023_Ot 4/12/2023
65,0001 126,000 Biscayne Bay (3M) I Broken FM
6,250 6,250 Biscayne Ba 3M) ARV Failure
1,185,400 220,500 Biscayne Bay Broken FM
(3MJ__-
284,167 16,909. Biscayne Bay (3M) Broken FM
These SSOs are in violation of 62-604.130, and 62-620.300 F.A.C., and Fla. Stat.
403.121(3)(b). This list only addresses violations occurring from March 2nd, 2022-
November 18th, 2023, anv SSOs after this date until the closing of the consent order can
be penalized via stipulated penalties.
5. Respondent has since implemented the following as part of their response to
the violations cited in paragraph 4:
a) Surveillance and SSO Detection Program: Respondent has implemented a
surveillance and SSO detection program for the entire System. The program
includes the deployment of a SCADA system, the installation of SmartCovers
with alarm capabilities at vulnerable locations, pressure monitoring devices, and
a satellite -based leak detection technology to monitor and identify potential of
SSOs throughout the system.
b) Inflow and Infiltration Improvements: Respondent has implemented a phased
Inflow and Infiltration (I&I) Plan and Schedule to reduce I&I into the system. The
Plan and Schedule aim to maintain wastewater flows at rates Iithin the
constraints of the system, that is the volume that can be reliay delivered to and
accepted by one or more WWTFs. The work completed in se I of the plan
includes but is not limited to citywide smoke testing, MH tion, flow
testing, night-time flow isolation and CCTV assessment. The identified priorities
within phase I and lI of the I&I Plan and Schedule included identifying and
prioritizing gravitv main Iining projects for basins over 5,000 gpdim and
corresponding Sanitary Sewer Evaluation Survey (SSES) reports. A phase II
639 of 2180
DEP vs. City of Miami Beach
Consent Order, OGC No. 23-1373
Page 3
report is due November 30, 2026, and may outline further recommended
improvement actions.
Ca ,acity Mana ement, Q�erations and Maintenance and Asset Mana eg ment
c _p g_--
Program (CMOM and AM Program)^The Respondent has implemented the
following as part of their CMOM & AM Program:
i. System Assessment: Respondent completed an assessment of the
existing condition of all force mains, gravity mains, connections, isolation or control
valves, air release valves, pump stations, manholes, bypass hookups and portable
generator hookups in the collection system.
ii. CMOM and AM Program: The Respondent provided a copy of their
2024 CMOM and AM Plan along with the annual CMOM report submitted to the local
government. Additionally, the Respondent provided their current sewer collection and
transmission inventory as well as the inspection and surveillance program to the
Department enclosed in their Asset Management Plan.
Having reached a resolution of the matter Respondent and the Department mutually
agree, and it is
ORDERED:
6. Respondent shall comply with the following corrective actions within the
stated time periods:
a) Sanitary Sewer Overflow Response Plan: Respondent shall update their
Sanitary Sewer Overflow Response Plan (SORP). Within 60 days of the effective date of
this Order, Respondent shall provide the Department an updated copy of the SORP
which will contain the following:
i. How, when and for how long sampling of surface waters will be
conducted, who will collect samples and how the samples will be handled and
640 of 2180
DEP vs. City of Miami Beach
Consent Order, OGC No. 23-137.3
Page 4
transported to a certified laboratory, and what parameters will be analyzed, with
analysis to include:
(a) In Class I waters (drinking water supply), Escherichia coli,
(b) In Class II waters (shellfish harvesting), fecal coliform and
Enterococci,
(c) In Class III fresh waters (recreational), Escherichia coli,
(d) In Class III marine waters (recreational), E.nterococci,
(e) In all surface waters, Total Nitrogen and Total Phosphorus.
ii. Sampling locations should be selected as follows:
(a) an upstream location to reflect background conditions not
receiving effluent or sewage impacts,
(b) a location as close as possible to the point at which the effluent or
sewage entered the waterbody and at a depth appropriate to
capture the sewage impact, and
(c) one or more locations downstream of or outward from the point
of entry to demonstrate the extent of the sewage impact.
iii. Sampling should begin upon discovery of the SSO and continue daily
until the affected waters have returned to background conditions or within surface
water quality standards.
iv. The sampling plan must provide a means for sampling to continue
both holidays and weekends.
7. Respondent shall submit to the Department phase II report referenced in sub-
paragraph 5.b) of this Order by November 30, 2026, which shall include the
improvement projects that have been completed to date, the implementation
schedule and completion dates for the previous phase I.
8. Every calendar quarter after the effective date of this Consent Order, and
continuing until all corrective actions have been completed, Respondent shall submit in
writing to the Department a report containing information concerning the status and
641 of 2180
DEP vs. City of Miami Beach
Consent Order, OGC No. 23-1373
Page 5
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 effluent limitations, 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. Respondent shall
submit the reports to the Department within 30 days of the end of each quarter.
9. Respondent's completion of all corrective actions required by paragraphs 6
and 7 above within the respective deadlines specified thereunder shall constitute full
compliance with Rule 62-604, F.A.C. with respect to the specific violations addressed in
this Order.
10. Respondent agrees to pay the Department stipulated penalties in the amount
of $1,000.00 per day for each day Respondent fails to timely comply with any of the
requirements of paragraphs 6 and 7 of this Order. Additionally, Respondent shall pay
the Department stipulated penalties for any discharges of wastewater from the WWTF
and/or collection/transmission system. Respondent shall pay penalties as follows:
Amount p/day p/dischar a Dime Volume
$1,000.00 up to 5,000 gallons
$2,000.00 5,001 to 10,000 gallons
$5,000.00 10,001 to 25,000 gallons
$10,000 25,001 to 100,000 gallons
$15,000 in excess of 100,000 gallons
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. Any stipulated penalties
assessed under this paragraph shall be in addition to the civil penalties agreed to in
paragraph 11 of this Order.
642 of 2180
DEP vs. City of Miami Beach
Consent Order, OGC No. 23-1373
Page 6
11. Within 30 days of the effective date of this Order, Respondent shall pay the
Department $61,347.00 in settlement of the regulatory matters addressed in this Order.
This amount includes $60,347.00 for civil penalties and $1,000.00 for costs and expenses
incurred by the Department during the investigation of this matter and the preparation
and tracking of this Order. The civil penalties are apportioned as follows: $60,347.00 for
violations of Rule 62- 604.130(1), F.A.C. This penalty only addresses violations
occurring from March 2nd, 2022-November 18th, 2023, any spills after this date until the
closing of the consent order can be penalized via stipulated penalties.
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.tldepportal,comi'gU�lpa�_j._ It will take several days after this order is
final, effective, and filed with the Clerk of the Department before the ability to make
online payment is available.
13. In -Kind Option for Offset of Penalties or Stipulated Penalties:
In lieu of making cash payment of $60,347.00 in civil penalties as set forth
in paragraph 11 above, Respondent may elect to off -set this amount by implementing
an in -kind penalty project, which must be approved by the Department. An in -kind
project must be either an environmental enhancement, environmental restoration or a
capital/facility improvement project and may not be a corrective action requirement of
the Order or otherwise required by law. The Department may also consider the
donation of environmentally sensitive land as an in -kind project. The value of the in -
kind penalty project shall be one and a half times the civil penalty offset amount, which
in this case is the equivalent of at least $92,520.50. If Respondent chooses to implement
an in -kind project, Respondent shall notify the Department of its election by certified
mail within 15 days of the effective date of this Consent Order. Notwithstanding the
643 of 2180
DF.P vs. City of Miami Beach
Consent Order, OGC No. 23-1373
Page 7
election to implement an in -kind project, payment of the remaining $1,000.00 in costs
must be paid within 30 days of the effective date of the Consent Order. In the event that
Respondent elects to off -set civil penalties including stipulated penalties by
implementing an in -kind penalty project which is approved by the Department, during
the period that this Order remains in effect or during the effective date of any
Department issued Permit to Respondent whichever is Ionger (Prohibited Transfer
Duration), Respondent shall not transfer or use funds obtained by the Respondent from
the collection of sewer rates for any purpose not related to the management, operation,
or maintenance of the Sewer System or to any capital improvement needs of the Sewer
System (hereinafter, Prohibited Transfer). Respondent shall annually certify to the
Department using the Annual Certification Form located on Exhibit B to this Order that
no Prohibited Transfer has occurred. In the event of any Prohibited Transfer, the In -
Kind project option shall be forfeited, and entire civil penalty shall immediately become
due and owing to the Department irrespective of any expenditures by the Respondent
in furtherance of the In -Kind project. If Respondent elects to implement an in -kind
project as provided in this paragraph, then Respondent shall comply with all the
requirements and time frames in Exhibit A entitled In -Kind Projects,
14. Pollution Prevention Option for Offset of Penalties or Stipulated Penalties:
In lieu of making cash payment of $60,347.00 in civil penalties as set forth
in Paragraph 11, Respondent may elect to off -set this amount by implementing a
Pollution Prevention (P2) Project, which must be approved by the Department. P2
Project is a process improvement that reduces the amount of pollution that enters the
environment; by conserving resources (including water, raw materials, chemicals, and
energy) use, or by minimizing waste generation (including domestic and industrial
wastewater, solid and hazardous waste, and air emissions). A P2 Project must reduce
pollution or waste within the process beyond what is required by federal, state, or local
law, to be eligible for civil penalty offset under this Order. If Respondent chooses to
implement a P2 Project, Respondent shall notify the Department of its election by
644 of 2180
DEP vs. City of Miami Beach
Consent Order, CGC No. 23-1373
Page 8
certified mail within 15 days of the effective date of this Order. Notwithstanding the
election to implement a P2 Project, payment of the remaining $1,000.00 in costs must be
paid within 30 days of the effective date of the Consent Order. If Respondent elects to
implement a P2 Project, Respondent shall submit a completed P2 Project Plan (Plan)
within 60 days of the effective date of this Order. The Plan must be completed using
Exhibit B, "P2 Project Plan" template. in the event the Department requires additional
information to process the Plan described in this paragraph, Respondent shall provide a
modified Plan containing the information requested by the Department within 30 days
of the date of the request. If any balance remains after the entire P2 credit is applied to
the allowable portion of the civil penalty, Respondent shall pay the difference within 30
days of written notification by the Department to Respondent that the balance is due.
15. Except as otherwise provided, all submittals and payments required by this
Order shall be sent to Henry Webster, Southeast District, Department of Environmental
Protection, 3301 Gun Club Road, MSC 7210-1, West Palm Beach, Florida, 33406 and
SLD.Wastewater�aAen state .tl.us.
16. 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.
17. 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
645 of 2180
DEP vs. City of Miami Beach
Consent Order, OGC No. 23-1373
Page 9
(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 measures. If the parties can agree that the delay or anticipated delay
has been or will be caused by circumstances beyond 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.
18. 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 the terms of this Order.
19. 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.
20. 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.
646 of 2180
DEP vs. City of Miami Beach
Consent Order, OGC No. 23-1373
Page 10
21. 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 $15,000.(X)
per day per violation, and criminal penalties.
22. 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.
23. 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.
24. 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.
25. 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 the following
information:
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Consent Order, OGC No. 23-1373
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a) The name and address of each agency affected and each agency's file or
identification number, if known;
b) The name, address, any e-mail address, any facsimile number, and telephone
number of the petitioner, if the petitioner is not represented by an attorney or
a qualified representative; 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; and an explanation of how the
petitioner's substantial interests will be affected by the agency determination;
c) A statement of when and how the petitioner received notice of the agency
decision;
d) A statement of all disputed issues of material fact. If there are none, the
petition must so indicate,
e) A concise statement of the ultimate facts alleged, including the specific facts
the petitioner contends warrant reversal or modification of the agency's
proposed action;
f) A statement of the specific rules or statutes the petitioner contends require
reversal or modification of the agency's proposed action, including an
explanation of how the alleged facts relate to the specific rules or statutes; and
g) A statement of the relief sought by the petitioner, stating precisely the action
petitioner wishes the agency to take with respect to the agency's proposed
action.
The petition must be filed received at the Department's Office of General
Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 or
received via electronic correspondence at Agency Clerk@floridadel2.gov 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 Insert District Office and Address. Failure to file a
petition within the 21-day period constitutes a person's waiver of the right to request
648 of 2180
DEP vs. City of Miami Beach
Consent Order, OGC No. 23-13T3
Page 12
an administrative hearing and to participate as a party to this proceeding under
sections 120.569 and 120.57, Florida Statutes. Within 10- days after 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 an administrative
hearing if mediation does not result in a settlement. Additional information about the
mediation process and procedure is provided in section 120.573, Florida Statutes and
Rule 62-110.106(12), Florida Administrative Code.
26. Rules referenced in this Order are available at
https://floridadep.aov/ ogc/osc/content/rules.
649 of 2180
DEP vs. City of Miami Beach
Consent Order, OGC No. 23-1373
Page 13
FOR THE RESPONDEN"T: City of Miami Beach
Print Name
Print Title
Date
DONF. AND ORDERED this — day of , 2025, in Palm Beach County,
Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Sirena Davila
District Director, Southeast 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
r Copies furnished to:
Lea Crandall, Agency Clerk, Mail Station 35
Lea.Crandal lcc'dep.state. f 1. us
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
! City /SDMW Date
650 of 2180
DEP vs. City of Miami Beach
Consent Order, OGC No. 23-1373
Page 14
Exhibit A
In -Kind Projects
Proposal
A. Within 60 days of the effective date of this Consent Order, Respondent shall submit,
by certified mail, a detailed in -kind project proposal to the Department for evaluation.
The proposal shall include a summary of benefits, proposed schedule for
implementation and documentation of the estimated costs which are expected to be
incurred to complete the project. These costs shall not include those incurred in
developing the proposal or obtaining approval from the Department for the in -kind
project.
Proposal Certification Form
B. The proposal shall also include a Certification by notarized affidavit from a senior
management official for Miami -Dade County who shall testify as follows:
My name is (print or type name of senior management official)
and do hereby testify under penalty of law that:
1. I am a person with management responsibilities for the City of Miami Beach
budget and finances. During the eighteen -month period prior to the effective
date of Consent Order OGC Case No.: 23-1373 there has not been any transfer or
use of funds obtained by the City of Miami Beach from the collection of sewer
rates for any purpose not related to the management, operation, or maintenance
of the Sewer System or to any capital improvement needs of the Sewer System.
2. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowingly
submitting false information in this certification.
Sworn to and subscribed before me, by means of ❑ physical presence or ❑
online notarization, this day of , 20_ by
Personally, known or by Production of the following Identification
Notary Public, State of Florida
Printed/typed or stamped name:
My Commission Expires:
651 of 2180
DEP vs. City of Miami Beach
Consent Order, OGC No. 23-1373
Page 15
Commission/Serial No.:
Annual Certification Form
My name is _ (print or type name of senior management official)
and I do hereby testify under penalty of law that:
1. I am a person with management responsibilities for the City of Miami Beach
budget and finances. During the twelve-month period immediately preceding
the notary date on this Certification, there has not been any transfer or use of
funds obtained by the City of Miami Beach from the collection of sewer rates for
any purpose not related to the management, operation, or maintenance of the
Sewer System or to any capital improvement needs of the Sewer System.
2. 1 am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowingly
submitting false information in this certification.
Sworn to and subscribed before me, by means of ❑ physical presence or ❑
online notarization, this day of J 20_ by
Personally, known or by Production of the following Identification
Notary Public, State of Florida
Printed/typed or stamped name:
My Commission Expires:
Commission/Serial No.:
C. If the Department requests additional information or clarification due to a partially
incomplete in -kind project proposal or requests modifications due to deficiencies with
Department guidelines, Respondent shall submit, by certified mail, all requested
additional information, clarification, and modifications within 15 days of receipts of
written notice.
D. If upon review of the in -kind project proposal, the Department determines that the
project cannot be accepted due to a substantially incomplete proposal or due to
substantial deficiencies with minimum Department guidelines; Respondent shall be
notified, in writing, of the reason(s) which prevent the acceptance of the proposal.
Respondent shall correct and redress all the matters at issue and submit, by certified
mail, a new proposal within 30 days of receipt of written notice. If the revised proposal
652 of 2180
DEP vs. City of Miami Beach
Consent Order, OGC No. 23-1373
Page 16
is not approved by the Department, Respondent shall make cash payment of the civil
penalties within 30 days of Department notice.
E. Within 120 days of the effective date of this Consent Order, Respondent shall obtain
approval for an in -kind project from the Department. If an in -kind project proposal is
not approved by the Department within 120 days of the effective date of this Consent
Order, then Respondent shall make cash payment of the civil penalties within 30 days
of Department notice.
F. Within 180 days of obtaining Department approval for the in -kind proposal or in
accordance with the approved schedule submitted pursuant to paragraph A of this
attachment, Respondent shall complete the entire in -kind project.
G. During the implementation of the in -kind project, Respondent shall place
appropriate sign(s) at the project site indicating that Respondent's involvement with the
project is the result of a Department enforcement action. Respondent may remove the
sign(s) after the project has been completed. However, after the project has been
completed Respondent shall not post any sign(s) at the site indicating that the reason
for the project was anything other than a Department enforcement action.
H. In the event Respondent fails to timely submit any requested information to the
Department, fails to complete implementation of the in -kind project or otherwise fails to
comply with any provision of this paragraph, the in -kind penalty project option shall be
forfeited, and the entire amount of civil penalties shall be due from the Respondent to
the Department within 30 days of Department notice. If the in -kind penalty project is
terminated and Respondent timely remits the $60,347.00 penalty, no additional
penalties shall be assessed for failure to complete the requirement of this paragraph.
4
I. Within 15 days of completing the in -kind project, Respondent shall notify the
Department, by certi$ed mail, of the project completion and request a verification letter
from the Departments Respondent shall submit supporting information verifying that
the project was completed in accordance with the approved proposal and
documentation showing the actual costs incurred to complete the project. "these costs
shall not include those incurred in developing the proposal or obtaining approval from
the Department for the project.
653 of 2180
DEP vs. City of Miami Beach
Consent Order, OGC No. 23-1373
Page 17
J. If upon review of the notification of completion, the Department determines that the
project cannot be accepted due to a substantially incomplete notification of completion
or due to substantial deviations from the approved in -kind project; Respondent shall be
notified, in writing, of the reason(s) which prevent the acceptance of the project.
Respondent shall correct and redress all the matters at issue and submit, by certified
mail, a new notification of completion within 15 days of receipt of the Department's
notice. If upon review of the new submittal, the Department determines that the in -
kind project is still incomplete or not in accordance with the approved proposal, the in -
kind penalty project option shall be forfeited, and the entire amount of civil penalty
shall be due from the Respondent to the Department within 30 days of Department
notice. If the in -kind penalty project is terminated and Respondent timely remits the
$60,347.00, no additional penalties shall be assessed for failure to complete the
requirements of this paragraph.
654 of 2180
DEP vs. City of Miami Beach
Consent Order, OGC No. Z3-1373
Page 18
Exhibit B
P2 Project Summary (Summary)
(Facility)
(Address)
(Telephone)
(Preparer Name/Title)
A. Project Description: (Summarize P2 Projects selected. Describe the processes or
operations to be modified, and the specific changes to be made. Include details such as
the specific equipment to be installed, materials to be substituted, and the actual
changes to be made to processes or operations. Include manufacturer or vendor
information, and specifications.)
B. Environmental and Economic Benefits: (Explain why and how each Project
proposed constitutes P2.
Specify how each material, chemical, water and energy is saved, and from which
processes or operations. Specify how each solid and hazardous waste, industrial
wastewater and air emissions is generated, the waste type, and from which processes or
operations. Describe generally in paragraph format.
Estimate the annual savings in resources - raw materials, chemicals, water, and energy at
the process or operation front end. Estimate the annual reductions in wastes - solid and
hazardous waste, wastewater, and air emission reductions at the process or operation
back end.
Figures quoted should represent weights or volumes annually and should be equalized
for production rate changes. Associated cost savings should be included. Describe
specifically using the tables provided.
Complete the first table for each Project individually. Add or average corresponding
figures from each Project table to complete the Summary table, for multiple Projects.)
655 of 2180
DEP vs. City of Miami Beach
Consent Order, OGC No. 23-1373
Page 19
j (Project Name)
Annual Resource Consumption Comparison
Item
Quantity Used al/Ib/kwh-s ecif
Purchasing Cost $
Percent
N
Reduction
Before
After
Reduction
Before
After
Reduction
Water
Chemicals
Materials
i
Energy
Total Annual Cost Savings = l
Annual Waste Generation Comvarison
Quantity Generated (gal/lb/tons- Disposal Cost ($) Percent
Item specify) N
Before After Reduction Before After Reduction Reduction
Hazardous Waste _
Industrial Wastewater
Solid Waste
Air Emissions
Total Annual Cost Savings =
Total Annual Avoided Cost Savings =
Summary of All P2 Projects
Annual Resource Consumption Comparison
Item
Quantity Used al/lb/kwh-s ecif
Purchasing Cost $
Percent
N
Reduction
Before
After
Reduction
Before
After
Reduction
Water
Chemicals
Materials
_
Energy,
Total Annual Cost Savings
Annual Waste Generation Com arison
Item
Quantity Generated (gal/ lb/ tons-
.
s
Disposal Cost ($)
Percent
(%)
Reduction
Before
After
Reduction i
Before
After
Reduction
Hazardous Waste
Industrial Wastewater
656 of 2180
DEP vs. City of Miami Beach
Consent Order, OGC No. 23-1373
Page 20
Solid Waste
Air Emissions
Total Annual Cost Savings =
Total Annual Avoided Cost Savings =
C. Project Cost: (Include per Project the itemized, subtotal and Project total costs. A
projected payback period in months or years needs to be included.
Provide a grand total cost for all Projects and an averaged projected payback period, for
multiple Projects. Use list or table format for all.)
D. Project Reporting.
1. Within 30 days of completing the P2 Project, the Respondent shall submit to the
Department a P2 Project Final Report that includes the following:
a. A confirmation that the information presented in Sections A-C of the
Summary is unchanged, or an updated version with the sections changed
appropriately. A statement that the Projects) was/were implemented successfully. An
explanation of any problems encountered, and corrections applied. A statement
indicating the date the Project was started and also the date completed.
b. Attached expense reports, receipts, purchasing instruments and other
documents itemizing costs expended on preparing and implementing the Project.
2. The Department shall review the Final Report and determine:
a. Whether the project was properly implemented; and
b. Which expenses apply toward pollution prevention credits.
3. A $1.00 pollution prevention credit for each $1.00 spent on applicable costs will
be applied against the portion of the civil penalty that can be offset.
a. The following costs are applicable as P2 credits toward the civil penalty offset
amount:
i. Preparation of the P2 Project;
ii. Design of the P2 Project;
iii. Installation of equipment for the P2 Project;
iv. Construction of the P2 Project;
v. Testing of the P2 Project,
vi. Training of staff concerning the implementation of the P2 Project; and
vii. Capital equipment needed for the P2 Project.
b. The following costs shall not apply as P2 credits toward the civil penalty offset
amount:
i. Costs incurred in conducting a waste audit;
ii. Maintenance and operation costs involved in implementing the P2 Project;
iii. Monitoring and reporting costs;
657 of 2180
DEP vs. City of Miami Beach
Consent Order, OGC No. 23-1373
Page 21
iv. Salaries of employees who perform their job duties;
v. Costs expended to bring the facility into compliance with current law,
rules, and regulations;
vi. Costs associated with a P2 Project that is not implemented;
vii. Costs associated with a P2 Project that has not been approved by the
Department; and
viii. Legal costs.
c. If any balance remains after the entire P2 credit is applied to the allowable
portion of the civil penalty, Respondent shall pay the difference within 30 days of
written notification by the Department to the Respondent that the balance is due.
E. Project Termination:
1. The Department may terminate the P2 Project at any time during the
development or implementation of it, if the Respondent fails to comply with the
requirements in this document, act in good faith in preparing and implementing the
project or develop and implement the P2 Project in a timely manner. The Respondent
may terminate the P2 Project at any time during its development or implementation.
2. If the P2 Project is terminated for any reason, Respondent shall pay the full
balance of the allowable portion of the civil penalty within 30 days of written demand
by the Department.
658 of 2180