public notice of industries in significant non-compliance (snc) for the year 2016

11/20/2017


public notice of industries in significant non-compliance (snc) for the year 2016


When:

Monday, November 20, 2017


Where:


​This public notice is done in conformance with Sections 50.011 and 50.013, F.S.

The Lee County Industrial Pretreatment Program, which is mandated by the Federal and the Florida State Government, is established to protect the Lee County wastewater treatment plant ("WWTP") processes and its collection system. The Industrial Pretreatment Program prevents the introduction of toxic pollutants into the waste stream which in turn protect the environment.

This is accomplished by the issuance of discharge permits to industrial wastewater users, which limit the level of pollutants that can be discharged into Lee County's collection system.  These discharge permits require industrial facilities to periodically conduct wastewater monitoring to verify compliance with national categorical standards, when applicable, and site-specific local limits developed by Lee County.  Local Limits are based on specific WWTP conditions such as type of treatment units, treatment capabilities, pollutants loadings and effluent quality limits required by the Florida Department of Environmental Protection. Discharge permits also require the implementation of a Spill Control Plan and/or Toxic Organic/Solvent Management Plan, the installation of pretreatment equipment and/or administrative controls and the submission of a variety of reporting and record keeping requirements. 

Pursuant to 40 C.F.R. 403.8(f)(2)(vii), Fla. Admin. Code R. 62-625.500 (2)(B)8. and §13(J) of Lee County Ordinance No. 12-03, the Lee County Utilities Division is required to publish annually a list of the industrial users identified as being in significant noncompliance of pretreatment standards and requirements during the preceding year. 

What is a Significant Noncompliance (SNC)?

As defined by §3(VV) of Lee County Ordinance No. 12-03, a significant noncompliance is as a major violation that meets one or more of the following criteria:

a.  Chronic violations  - 66% or more of all monitoring measurements taken during a 6 month period exceed the numeric pretreatment standard;

b. Technical Review Criteria (TRC) – 33% or more of monitoring measurements taken during a 6 month period equal or exceed the product of daily maximum or the average limit multiplied by the applicable TRC factor (TRC = 1.4 for BOD, TSS, Oil & Grease, and 1.2 for all other pollutants except pH).

c.  Interference or Pass through WWTP Processes - Any violation of a pretreatment standard or requirement that the Lee County Utilities Director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of the Lee County personnel or the general public);

d.  A discharge that has caused or has the potential of imminent endangerment to human health, welfare or environment that has resulted in the Lee County's exercise of emergency authority to halt or prevent such a discharge;

e.  Failure to meet a compliance schedule milestone, within (90) days after the schedule date contained in a control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

f.   Failure to provide compliance required reports, within (45) days after the due date., required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

g.  Failure to accurately report noncompliance; and

h.  Any other violation or group of violations, which the Lee County Utilities Director determines will adversely affect the operation or implementation of the pretreatment program, including a violation of best management practices, except when the Department is acting as the control authority.

Companies deemed to be in Significant Noncompliance are those industrial users who have violated any of the SNC criteria, during any six month period from October 2015 through December 2016, including:

1st Period from October 1, 2015 through March 30, 2016

2nd Period from January 1, 2016 through June 30, 2016

3rd Period from April 1, 2016 through September 30, 2016

4th Period from July 1, 2016 through December 3, 2016.

The company listed in this public notice violated one or more of the significant noncompliance criteria specified above.  Industrial Users must be diligent and assure compliance with all the terms specified in their discharge permit to ensure that the name of their company is not listed in this annual public notice.

Lee County Utilities recognizes that other industrial users located in the Lee County service were in compliance during 2016. 

The company name and these parameter(s) and/or the specific administrative deficiency for which a company was not in compliance are listed below:

Receiving LCU Treatment Plant:     Gateway WWTF

Company Name:                                Entertainment Metals, Inc.

Discharge Permit No.                        LCU-GW-2015-001

Significant Non Compliance Violations:

Violation                        SNC                   Periods Where     Enforcement         Current
Cited                             Criteria              Occurred             Action                    Status

Nickel Daily Max.          (b) TRC                  1st & 2nd            NOV                  In Compliance

Nickel Monthly Ave.     (b) TRC                   1st & 2nd            NOV                  In Compliance 

Incomplete TTO           (g) Reporting          1st, 2nd & 3rd     NOV                  In Compliance
Analysis

For further information regarding the Lee County Industrial Pretreatment Program or this public notice please contact, Luis A. Méndez, E.I. at LMendezSantos@leegov.com or at (239) 533-8571.


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state of florida department of environmental protection notice of intent

11/22/2017


state of florida department of environmental protection notice of intent


When:

Wednesday, November 22, 2017


Where:


The Department of Environmental Protection hereby provides Notice of Intent to Issue a permit for the proposed project, subject to the conditions specified in the draft permit and summarized below. The applicant, Lee County Utilities, Ms. Pamela Keyes, P.E., Director, 1500 Monroe Street, Third Floor, Fort Myers, Florida 33901 applied on April 24, 2017 for a permit to construct a Class I injection well. The project is located at Lee County North Water Treatment Plant, 18250 Durrance Road, North Fort Myers, Florida, in the county of Lee. (File No. 0353476-001-UC/1X, WACS ID No. 92390) The facility will construct one non-hazardous Class I injection well, IW-2, for the disposal of reverse osmosis concentrate from the Lee County North Water Treatment Plant. The anticipated maximum permitted capacity for the well is 5.05 million gallons per day. The injection well will be constructed with 24-inch diameter steel casing and 13-inch diameter FRP tubing set to 2,600 feet below land surface (bls). The open hole injection interval will be completed from 2,600 to 2,950 feet below land surface (bls). The dual-zone monitor well (DZMW-2) will be completed in the Ocala Formation from 1,400 to 1,500 feet bls and in the Avon Park Formation from 1,850 to 1,900 feet bls. The Department has permitting jurisdiction under Chapter 403 of the Florida Statutes and the rules adopted thereunder. The project is not exempt from permitting procedures. The Department has determined that an operation permit is required for the proposed work. The Department will issue the permit unless a timely petition for an administrative proceeding is filed pursuant to the provisions of Sections 120.569 and 120.57, F.S. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, this process may result in a modification of the proposed agency action or even denial of the application. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must contain the following information required by Rules 28-106.201 and 28-106.301, F.A.C.: a) The name and address of each agency affected and each agency's file or identification number, if known; b) The name, address, any email address, any facsimile number, and telephone number of the petitioner; the name, address, email 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; c) An explanation of how the petitioner's substantial interests are or will be affected by the agency determination; d) A statement of when and how the petitioner received notice of the agency decision; e) A statement of all disputed issues of material fact; or, if there are none, the petition must so indicate; f) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; g) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how any alleged facts relate to the specific rules or statutes; and h) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. Petitions must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, agency_clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons who have asked the Department in writing to receive notice of this action pursuant to Section 120.60(3), F.S., must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant and those entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Under Sections 120.569(2)(c) and (d), F.S., a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. Mediation is not available in this proceeding. The files associated with this order are available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except state holidays, at the Department of Environmental Protection, South District Office, 2295 Victoria Avenue, Suite 364, Ft. Myers, Florida 33901-3875 , and at the Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Any additional information concerning this project may be obtained by contacting Neil I. Campbell, Engineering Specialist, at 850.245.8612. 



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horizon foundation

11/30/2017


horizon foundation


When:

Thursday, November 30, 2017
7:30 am


Where:

Lee County Admin East Building
2201 Second Street
First Floor – Green Room
Fort Myers, FL 33901


​Two or more members of the Lee County Board of County Commissioners are anticipated to attend this meeting.



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state of florida department of environmental protection notice of intent

12/4/2017


state of florida department of environmental protection notice of intent


When:

Monday, December 4, 2017


Where:


The Department of Environmental Protection hereby provides Notice of Intent to Issue a permit for the proposed project, subject to the conditions specified in the draft permit and summarized below. The applicant, Lee County Utilities, Ms. Pamela Keyes, Utility Director, 1500 Monroe Street, Fort Myers, Florida 33901 applied on June 15, 2017 for a permit to operate a Class I injection well. The project is located at the Fort Myers Beach Wastewater Treatment Plant (WWTP), 17155 Pine Ridge Road, Fort Myers, Florida 33931, in the county of Lee. (File No. 0128633-006-UO/1M, WACS ID No. 75497) The facility will operate one non-hazardous Class I injection well, IW-1, for the disposal of secondary treated municipal effluent from the Lee County Utilities Fort Myers Beach Wastewater Treatment Plant (WWTP). The maximum permitted capacity for the well is 7.92 million gallons per day. The open hole injection interval is completed into the lower Oldsmar formation from 2,370 to 3,033 feet below land surface (bls). The dual-zone monitor well (DZMW-1) is completed in the Ocala Limestone from 1,170 to 1,271 feet bls and in the Avon Park Limestone from 1,572 to 1,650 feet bls. The Department has permitting jurisdiction under Chapter 403 of the Florida Statutes and the rules adopted thereunder. The project is not exempt from permitting procedures. The Department has determined that an operation permit is required for the proposed work. The Department will issue the permit unless a timely petition for an administrative proceeding is filed pursuant to the provisions of Sections 120.569 and 120.57, F.S. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, this process may result in a modification of the proposed agency action or even denial of the application. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must contain the following information required by Rules 28-106.201 and 28-106.301, F.A.C.: a) The name and address of each agency affected and each agency's file or identification number, if known; b) The name, address, any email address, any facsimile number, and telephone number of the petitioner; the name, address, email 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; c) An explanation of how the petitioner's substantial interests are or will be affected by the agency determination; d) A statement of when and how the petitioner received notice of the agency decision; e) A statement of all disputed issues of material fact; or, if there are none, the petition must so indicate; f) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; g) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how any alleged facts relate to the specific rules or statutes; and h) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. Petitions must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, agency_clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons who have asked the Department in writing to receive notice of this action pursuant to Section 120.60(3), F.S., must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant and those entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Under Sections 120.569(2)(c) and (d), F.S., a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. Mediation is not available in this proceeding. The files associated with this order are available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except state holidays, at the Department of Environmental Protection, South District Office, 2295 Victoria Avenue, Suite 364, Ft. Myers, Florida 33901-3875 , and at the Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Any additional information concerning this project may be obtained by contacting Neil I. Campbell, Engineering Specialist, at 850.245.8612.


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