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2009-CE-9011 - Stewart, Bradley - 500 Pullman Road , CITIZEN CODE ENFORCEMENT BOARD ORDER IMPOSING FINEILIEN THE CITY OF EDGEW A TER, FLORIDA, a municipal corporation Case No. 2009-CE-90 11 Citation No.0713 Petitioner, vs. Bradley Stewart Respondent. THIS CAUSE came before the City of Edgewater Citizen Code Enforcement Board (the "Board") on January 14. 2010, after due notice of noncompliance to the Respondent. The Board, after having heard testimony under oath, received evidence and heard arguments of counsel (if any), the Petitioner 0 being 0 not being present, thereupon finds as follows: 1. The Respondent is the owner of the property described as follows: Address: 500 Pullman Rd.. Edgewater. FL Parcel I.D. No.: 7452-22-0A-OI00 Legal Description: LOT Al 0 P ARKTOWNE INDUSTRIAL CENTER MB 52 PGS 23-34 INC FOR 2005 PARCEL NUMBER WAS 7452-22-00-0AI0 2. There currently exists a violation of Section(s) 19-41 (General Discharge Prohibitions) and 19-45 (Specific Pollutant Limitations) of the Land Development Code/Code of Ordinances of the City of Edgewater. Based upon the foregoing, it is ORDERED AND ADJUDGED: 1. You, Bradley Stewart. will comply with the Voluntary Stipulation and Agreed Order (attached hereto and incorporated herein as Exhibit "A") and will pay to . \)O-l~\ ,0 \' \1' , the City of Edgewater, Florida, Five Thousand and 00/1 00 dollars ($5.000.00) on or before January 15. 2010. 2. A certified copy of this order may be recorded in the Public Records of Volusia County, Florida, and shall constitute a lien against the above- described property and upon any other real property or personal property owned by the Respondent, pursuant to Section 162.08 and 162.09, Florida Statute. 3. Respondent will be responsible for recording fees and administrative costs associated with recording the lien. 4. Information regarding this Order may be obtained by contacting the Code Enforcement Division of the City of Edgewater at 104 North Riverside Drive, Edgewater, Florida 32132. IN WITNESS WHEREOF, the City of Edgewater Citizen Code Enforc~~1~t Board, actirw by and through its Chairperson, has executed this instrument this ~ day of .JCU1lUltA1 ,2010. ATTEST: CITY OF EDGEWATER CITIZEN CODE ENFORCEMENT BOARD +zwJwv (2t{~ Tabitha Russell Board Coordinator STATE OF FLORIDA COUNTY OF VOLUSIA Subscribed before me this J~ tl: day ofnO.J'tW'L-'LLi . 20 I 0, personally known to me and did not take an oath. ~ BY:~~'O h \) Q.f"('.() LD Notary Public \\11'''''''', () :\.,\\"'~~\E WEJ!'III~ ~ <QCl .......:{~<Y ~ ~ ..o;).~\SS/OJ\l ;:~. ~ ~ ..:.., G f6~ber I;; ~ e.. ~ : :::s ~ '~%~: (S) - *. CIj ..; <P. - EAL ~: ... '" a~ ~ ~ \ UDD 800633 .: ~ ~ ~~..,o_ ..~~ ~ :p;-.. ~"""'ded\\l~ .. (f'~ ~ A -.. P8/flo'~QJ.~-... ~ ~ ~ U's/........ aX ~x "11// ~/C STf\1\:. ",.... "'lIi" 111111\\'" 0787 1 .....:= ~-:-;J. .- '. -.....~~ ~ City of Edgewater Department of Fire and Rescue Services Community Services Division PO Box 100 1605 South Ridgewood Avenue Edgewater, FL 32132 (386) 424-2414 cod eco mp lian ce@cityo fed gew a ter 00 rg '~ Olo, . CITATION , l' Date: 7--:;0 ~p Case #: 9c.J/ / {J Name: r3~r-\t (9\1 $~, .....c<""~ '. d Address or Parcel numbh: ~ H A\\~^ tSl~ ~~ . Phone: Date/Time violation first observed:4';..:) - ;;;I'f',>c" ,'Nature of violation: \...+\.. -.;. __\ . n-.... . ...",:~ - \ .. ~ :",,,;~, . -~ t 0_ . :" VS\.i .Q~:..J~.~ -t:.... l. '\1 ''''--. -\'- r)~ ;.-.\\,...;:c::.. G,r ~~....,("n _ rlr ~~ l.~ {~.\ ~\'~ Notice of y'iolation number: L\Qo .. ~,(.; 1,-\\ ~S<::u~ I -5 I f f ~ Violation(s) of Land Development Code/Code of, Ordi,nances; , ~C4\ ~~L ' Section: (1) \G ~4\ DeSCription: \:'x-~~~-+(f'''''''~ j Section: (2) Description: 0 ,~ Section: (3) \~.'9~ Description: ""'-rc:~~\ <-. ~\'v..~\ ~',,,",,",,~ Civil fine (violation I) $ ~ ,So ~ .() - Civil fine (violation 2) $ Civil fine (violation 3) $ it,S. LO .~ . I ~ ~ I I Signature of owner/tenant: -, ~ j , 1 ...~ . Method of notice: Code Compliance Officer: \'\.,.. c::...t. t ~ ~ 1 1 Date:C:::;- ;>. ~/.S. Time: White - Code Board Yellow - Finance Pink - Code File Gold - Owner/Tenant i ,3 , _...... 1 ~ - This citation is issued pursuant to Ordinance No. 2003- 0-16. This citation is for a non-criminal infraction. The civil fine set forth on the face of this citation must be paid prior to the Citizen's Code Enforcement Board hearing referenced below. It is your responsibility to contact the Code Officer issuing this citation at (386) 424-2414 once the violation has been corrected. An inspection will be scheduled to verify compliance. The violation will be deemed to be in existence until the code officer detem1ines that the violation has been corrected. The fine may be paid in person at Edgewater City Hall, 104 North Riverside Drive or by mail to: City of Edgewater PO Box 100 Edgewater, FI32132 Payment of the fine will be deemed as an admission of the commission of the violation. Failure to pay the fine prior to the Citizen's Code Enforcement Board hearing referenced belo,,' will result in the matter being heard before the Board. This citation may be contested by contacting the issuing Code Officer who will schedule the hearing before the Citizen's Code Enforcement Board. Failure to appear at the hearing will indicate that you have waived your right to contest the violation and an order may be entered against you for the maximum applicable civil fine. The date of meeting of the Citizen's Code Enforcement Board is:' /0 -~"'- ;;;~;r'7 This meeting is held at the Edgewater Community Center, 104 North Riverside Drive. The meeting begins at ;;'0'(& i ' CITY OF EDGEW ATER CITY OF EDGEW A TER, FLORIDA Post Office Box 100, Edgewater, Florida 32132 Citation No. 0707 Petitioner, v. BRADLEY C. STEW ART, 139 Arbor Lane, Edgewater, Florida 32414, and CLEAN CONTAINMENT CORPORATION, 500 Pullman Road, Unit B, Edgewater, Florida 32132 David Powell, President 12711 E. Hwy 92 Dover, Florida 33527 Respondents. / VOLUNTARY STIPULATION AND AGREED ORDER STATE OF FLORIDA COUNTY OF VOLUSIA Respondents, David Powell as President for Clean Containment Corpomtion ("Clean Containment"), and Bradley C. Stewart, hereby voluntarily enter into this Voluntary Stipulation and Agreed Order ("Stipulation") with the City of Edgewater, Florida ("City"), and in considemtion of the settlement of this entire matter, the sufficiency of which is hereby acknowledged by all parties, the parties having been duly sworn, do stipulate as follows: 1. The Respondents are the owners or occupants of the property located at 500 Pullman Road, Edgewater, Florida (the "Premises"). Clean Containment operates a biomedical waste treatment facility at the Premises ("the Business"). 2. Incident to test results obtained by the City, the City determined that the wastewater generated by the Business did not comply with the provisions of Section 19-41 and VOLUNTARY STIPULATION AND AGREED ORDER PAGE 1 OF6 ~!A, i 19-45 of the City's Code of Ordnances, a copy of which is attached hereto as Exhibit "A" (the "Discharge Standards"). Accordingly, on or about September 2, 2009, Respondent Bradley C. Stewart ("Stewart") was cited with violations of the City Code, to wit: 19-41 and 19-45 of the City's Code of Ordinances (the "Citation"). 3. As a result of the City's concerns, Clean Containment has agreed to adopt those procedures specified in Exhibit "B" to address the City's wastewater quality concerns (the "Company Plan"), and the City likewise agrees to the terms of and provisions stated in the Company Plan. The parties further agree that the Company Plan is hereby incorporated by this reference into this Stipulation, and shall be a part thereof as if fully written herein. As a part of the Company Plan, Clean Containment has agreed that it will provide for containment on-site and transportation and treatment off-site of the wastewater generated by the chemical process system utilized by CCC at the Premises (the "System") until such time as the wastewater generated by the System meets the Discharge Standards. 4. The City agrees that the wastewater discharge provisions of this Stipulation are applicable to the System's wastewater, and shall not be applicable to wastewater otherwise generated at the Premises (the "Other Wastewater") from the normal and customary use of the restroom facilities or other facilities other than the System. All Other Wastewater generated from the Premises must meet the Discharge Standards prior to discharge into the City's sewer system. 5. In the event the System's wastewater is not capable of meeting the wastewater Discharge Standards, all parties acknowledge and agree that Clean Containment and its successors and assigns shall be required and entitled to continue the operation of the System at the Premises using on-site containment of the System's wastewater and transportation and treatment off-site at a qualified wastewater treatment plant, so long as Clean Containment and its successors and assigns desire to continue the operation of the System at the Premises and comply with all applicable federal, state and local laws. 6. So as to achieve an amicable resolution with the City, the Respondents agree that they were in violation of the sections of the City Code cited above. The City acknowledges that VOUJNTARY STfPlJI,ATJON AND AGRF.F.D ORDF.R ~ i the Respondents assert that such violation was unintentional and not known to the Respondents. Respondents agree to handle the System's wastewater in accordance with the terms and provisions of this Stipulation (including Exhibit "B"), and in the event the Respondents fail to handle the System's wastewater in accordance with the terms of this Stipulation, the Respondents agree to be liable for a fine to be determined by the Citizens Code Enforcement Board not to exceed $500.00 per day for every day of noncompliance and any fines or costs imposed on the City by the Florida Department of Environmental Protection as the result of Respondents' actions. 7. In addition, the Respondents voluntarily agree that for so long as Clean Containment or its successors or assigns operate the System at the Premises, if Clean Containment fails to maintain the System's wastewater in accordance with the terms of this Stipulation, upon written notice to the Respondents, a certified copy of this Stipulation may be recorded in the Public Records of Vol usia County, Florida, and once recorded, shall constitute a lien against the property on which the violations exist, pursuant to Chapter 162, Fla. Stat. 8. The parties agree that this Stipulation, including but not limited to the allegation(s) and admission(s) contained herein, is entered into solely for purposes of resolving this matter and that this Stipulation, including the allegation(s) and admission(s) contained herein, shall not constitute an admission of fact or law or a waiver of any defense, legal or equitable, which Respondents may have in any future administrative or judicial proceeding brought by a party that is not a signatory to this Stipulation. 9. In consideration for voluntarily entering into this Stipulation, the Respondents shall reimburse the City for all administrative costs incurred in this matter in the amount of Five Thousand and No/100 Dollars ($5,000.00), and shall pay the same to the City of Edgewater on or before January 15,2010. Further, the City waives all fines associated with this case up through the date this Stipulation is approved by the Citizens Code Enforcement Board. However, the Respondents understand and agree that if they fail to maintain the System's wastewater in VOLUNTARY STIPIJl.ATJON AND AGRF.F.D ORDF.R ~lt accordance with the tenus of this Stipulation, the Respondents may be assessed fines which accrue after this Stipulation is approved by the Citizens Code Enforcement Board. 10. The City and Respondents acknowledge and agree that this Stipulation and the Company Plan is being entered into voluntarily with the intent and for the purpose of being legally bound to its provisions, and that each of the individual agreements set forth in this Stipulation and the Company Plan are understood by the City and Respondents and represent a full settlement of all of the matters contained herein. 11. Upon complete execution of this Stipulation, it shall be presented to the Citizens Code Enforcement Board for approval and entry of an Agreed Order. The parties' compliance with the respective provisions of this Stipulation and the Company Plan (as applicable) shall be contingent upon approval of the Stipulation by the Citizens Code Enforcement Board. If this Stipulation is not approved by the Citizens Code Enforcement Board, this Stipulation is null and void, and, notwithstanding anything contained in this Stipulation to the contrary, no admission shall be deemed to have been made by the Respondents, and the City may thereafter continue to pursue the violations, fines and/or liens in accordance with its Code and Chapter 162, Fla. Stat., all of which the Respondents shall be free to contest and defend, and nothing contained in this Stipulation shall in any manner whatsoever prejudice the rights of the Respondents in contesting or defending the City's prosecution of the Citation. 12. This Stipulation and the Company Plan sets forth the entire agreement between the parties and there are no promises or understandings between the parties other than those stated herein. None of the provisions, tenus and conditions contained in this Stipulation may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto and approved by the Citizens Code Enforcement Board. The provisions of this Stipulation shall bind any and all successors and assigns of Clean Containment Corporation and the Business. VOI.UNTARY STlPIJI,ATION AND ACwRF.F.D ORDF.R ~~ IN WITNESS WHEREOF, the parties have signed and executed this Stipulation, freely and voluntarily and with full authority to do so, on the date acknowledged below, and with the full intent of being legally bound thereto. BY: CLEAN CONTAINMENT CORPORA nON BY: ~c~. ~~lS,d~'+ Dav d Powell, President itl/Y/oC; I ( Date: Date: Bradley C. tewart, Individually Date: Dfl~(lfrlb~(' Tf"'. 2ao~' CITATION NO. 0707 AGREED ORDER THIS MATTER having come before the Citizens Code Enforcement Board on \n (\111"0 h. . \ t.l , ~JO ~ 2~9, and the Citizens Code Enforcement Board having been presented with the Voluntary Stipulation and Agreed Order regarding the testimony, facts, and other evidence presented by the parties therein; and the parties agreeing that each has entered into the Stipulation freely and voluntarily, with the intent to be bound as a matter of fact and law, and having been fully apprised of the circumstances, does find and order as follows: I . The Stipulation is adopted in full herein as a part of this Order; and 2. IT IS HEREBY ORDERED, that the City and Respondents shall comply with the Stipulation, including exhibits attached thereto, as if it were set forth below in full. VOLIJNTARY STIPIJLATION AND AGRF.F.D ORDF.R ~~ 3. Should the Respondents be found to have violated the System's wastewater discharge requirements as provided in the Stipulation, such reoccurrence shall constitute a repeat violation under the City's Code and Chapter 162, Fla. Stat. DONE and ORDERED this ~ day of jMU.~ ,~W\D. CITY OF EDGEW A TER CITIZENS CODE ENFORCEMENT BOARD B~~AH/ Copies furnished by Regular mail to the Respondent: Bradley C. Stewart 139 Arbor Lane, Edgewater, FL 32414 Clean Containment Corpomtion 500 Pullman Road, Unit B Edgewater, FL 32132 David Powell, President 12711 E. Hwy 92 Dover, FL 33527 VOl ,IJNT ARV STlPlJI.A TION AND AGRF.F.D ORDF.R ~ EXHIBIT "A" Sec. 19-41. General discharge prohibitions. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will pass through or interfere with the operation or performance of the WWF. These general prohibitions apply to all such users of a WWF whether or not the user is subject to national categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. A user may not contribute the following substances to any WWF. (1) Any liquids, solids or gases which, by reason of their nature or quantity, are, or may be, sufficient, either alone or by interaction with other substances, to cause fIre or explosion or be injurious in any other way to the WWF or to cause the successive readings on an explosion hazard meter at the point of discharge into the system (or any point in the system) to be more than five (5) percent or any single reading over ten (10) percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides, and any other substances which the city, the state or EP A has notifIed the user is a fire hazard or a hazard to the system. (2) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to, grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes. (3) Any wastewater having a pH less than 5.5 or higher than 8.5 or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the WWF. (4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a. toxic effect in the receiving waters of the WWF, or to exceed the limitation set forth in a categorical pretreatment standard. A toxic . pollutant shall include, but not be limited to, any pollutant identified pursuant to section 307(a) of the Act. (5) Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. (6) Any substance which may cause the WWF's effluent, or any other product of the WWF such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the WWF cause the WWF to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act; or state criteria applicable to the sludge management method being used. (7) Any substance which will cause the WWF to violate its NPDES and/or state disposal system permit or the receiving water quality standards. (8) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. (9) Any wastewater having a temperature which will inhibit biological activity in the WWF treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the WWF which exceeds forty (40) degrees Celsius (one hundred four (104) degrees Fahrenheit). (10) Any pollutants, including oxygen-demanding pollutants (BOD, COD, ethylene glycol, etc.), released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the WWF. In no case shall a slug load have a flow rate or contain concentrations or qualities of pollutants that exceed for any time period longer th3!1 fifteen (15) minutes more than five times the average 24-hour concentration, quantities or flow during normal operation. (11) Any wastewater contammg any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the director of environmental services in compliance with applicable state or federal regulations. (12) Any wastewater which causes a hazard to human life or creates a public nuisance. (13) Any pollutant or wastestream with a closed cap flashpoint of less than 60 degrees Celsius (140 degrees Fahrenheit), as determined by the test methods specified in 40 CFR 261.21. (14) Any water or waste containing fats, wax, grease, oil, or related substances, whether or not . emulsified, in excess of 100 parts per million by weight or which may solidify or become viscous at temperatures between 4.5 degrees Celsius (40 degrees Fahrenheit) and 65.5 degrees Celsius (150 degrees Fahrenheit). Specifically prohibited is the heating of the contents of grease traps and subsequent discharge to the sewer system. (15) Any substance which may reasonably be expected to cause the WWF's effluent or any other product of the WWF such as residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. This shall particularly include, but not be limited to, all forms of copper containing chemicals used for root control in sewers. In no case shall a discharge to the WWF be permitted which causes the WWF to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the Act or any other federal or state law or regulation applicable to any reclaimed product of the WWF. (16) Any discharges containing compounds that are labeled for the control of pest species of any type, such as, but not limited to, acaricides, bactericides, fungicides, herbicides, insecticides, molluscicides, nematicides and rodenticides. (17) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through. 2 " (18) Pollutants which result in the presence of toxic gasses, vapors or fumes within the WWF in a quantity that will cause acute worker health or safety problems. (19) Any trucked or hauled pollutants or sewage except those lawfully discharged at specific points designated by the director of environmental services, 'When the director of environmental services determines that a' user(s) is contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the WWF, the director of environmental services shall advise the user(s) of the impact of the contribution on the WWF and develop effluent limitation(s) for such user(s) to correct the interference with the WWF, . (Ord. No. 2004-0-07, Pt. A, 4-5-04) 3 Sec. 19-45. Specific pollutant limitations. No person shall discharge wastewater in excess of: 0.41 mg/l arsenic;- 1.00 mg/l barium; 0.005 mg/l beryllium; 250 mg/l BOD; 1.00 mg/l boron; 0.23 mg/l cadmium; 10.0 mg/l chromium., total; 1.33 mg/l copper; 1.0 mg/l cyanide; 5.00 mg/l iron; 35.0 mg/l Kjeldahl nitrogen; 0.66 mg/llead; 1.00 mg/I manganese; 0.0001 mg/l mercury; 0.22 mg/l molybdenum; 1.0 mg/l nickel; 50.0 mg/l oil and grease; 10.0 mg/l total phosphoms [phosphorus]; 0.80 mg/l selenium; 0.34 mg/l silver; 5.00 mg/l sulfides; 250 mg/l suspended solids; 4.0 mg/l total chromium; 3.0 mg/1 chromium (trivalent); 1.00 mg/l chromium (hexavalent); 4.0 mg/l zinc; 1.00 mg/l total identifiable chlorinated hydrocarbons; 0.10 mg/l phenolic compounds. All of the following shall be excluded from the treatment works unless certain conditions and volumes of pretreatment have been specifically described and approved by the director of environmental services: antimony, beryllium, bismuth, cobalt, molybdenum, rhenium, strontium., tellurium., tin, uranylion. (Ord. No. 2004-0-07, Pt. A, 4-5-04) 4 ., ". EXHIBIT ''B'' CLEAN CONTAINMENT CORPORATION Clean Containment Corporation (CCC) has entered into a voluntary stipulation to which this is attached with the City of Edgewater ("City") to address the City's wastewater Discharge Standards and CCC's operations. This Exhibit "B" addresses procedures to be implemented by CCC in the operation its chemical disinfection treatment facility ("System") related to its wastewater discharge. To address the matters set forth in the Stipulation, CCC has developed a program that includes prevention, off site disposal and possibly treatment. Phase 1- Prevention: To minimize the risk of non-conforming waste being packaged for treatment in the System, CCC will provide educational literature and training to its customers regarding the importance of properly segregating, packaging and labeling bio-medical waste as required by the Florida Department of Health. CCC has developed and will send to its customers a bio-medical waste protocol to provide guidance to generators of bio-medical waste. CCC will not accept any bio-medical waste from any generator when it knows or has reason to know that such waste is in violation of Department of Health or other applicable legal requirements. These prevention procedures have already been implemented and may have a significant impact on the quality of wastewater being generated by the System. Phase 2- Containment for off-site disposal: At this time, CCC is implementing a program to collect the waste water on-site in compliance with USEP A and FDEP regulations and transport the System wastewater to a properly permittedoffsite treatment/disposal facility. Upon request, CCC shall provide documentation to the City evidencing the contractual arrangements it has in place to transport and dispose of the wastewater collected on site. In order to address the containment of the waste water generated by the System, CCC anticipates installing a holding tank. This tank will be used to hold and treat, if necessary, the wastewater of the System, in compliance with the applicable rules and regulations of the Florida Department of Environmental Protection. The tank either will be a double walled tank or a single walled tank with secondary containment sufficient to contain 110% of the capacity of the tank. CCC will have sufficient holding capacity in the wastewater holding tank to hold wastewater for fourteen days based on the throughput for the System. The storage tank and containment site shall be permitted in accordance with all applicable City code requirements as well as all other applicable state or other rules and regulations. Phase 3- Possible Treatment of CCC System Wastewater for Direct Discharge to the City's Treatment Facility or Alternate Facility: In the alternative, CCC may in the future implement an on-site pretreatment system to pre-treat the System wastewater in order to meet the City's Discharge Standards. CCC may also POWELL DA VIDIBIO-SPEC. INCI CLEAN CONTAINMENT CORPORA nONI TREATMENT ISSUESIEXHlBIT B TO STJPill.A nON FINAL 12-02-09.DOC . 1 pretreat the wastewater to meet the discharge limitations of another permitted waste water treatment facility. CCC has already contacted a number of vendors of eXIstmg wastewater treatment systems and upon further evaluation, and if need be, may implement a system to pretreat the . System wastewater prior to direct discharge. The efficacy of any pretreatment system will have to be analyzed and approved by the City prior to implementation. Testing CCC anticipates submitting the following documents to the City prior to direct discharging to the City's sewer system: 1. Wastewater Treatability Study setting forth analysis demonstrating that any proposed discharge, with or without treatment, will achieve the City's Discharge Standards. All testing shall be done in accordance with all city, state and federal standards. 2. If on site treatment equipment is installed in the future to treat the wastewater prior to discharge to the City's sewer system, an explanation of the on-site wastewater treatment plant will be provided to the City. Only after demonstration to and consent by the City that CCC is in compliance with the City's Discharge Standards will CCC directly discharge to the City's sewer system. The City has the right to perform its own study and testing on CCC's wastewater to ensure the proposed discharges are meeting its Discharge Standards. The City agrees to split samples in connection with any such City testing, if requested by CCC and upon the provision by CCC of sample bottles at the time for the collection of the same. Further, if requested by CCC at any time, the City agrees that all such tests of the wastewater conduded by the City will be conducted with CCC's on-duty supervisor present at the site visit. Once CCC resumes discharging to the City's sewer system, CCC shall perform follow-up testing for a reasonable time period to ensure the discharge is consistent with the results anticipated in the Wastewater Treatability Study. 2 POWELL. DA VIDIBJO.SPEC. INCI CLEAN CONT AlNMENT CORPORATION! TREATMENT ISSUESIEXHIBIT B TO STIPULATION FINAL 12.02.09.DOC January 22, 2010 Mr . Bradley C. Stewart 139 Arbor Lane Edgewater FL 32141 RE: Voluntary Stipulation and Agreed Order Dear Mr. Stewart; At their regular meeting of January 14, 2010 the City of Edgewater Code Enforcement Board ordered that you comply with the above referenced Agreement and Order pertaining to property located at 500 Pullman Road, Edgewater. A payment of $5,000 for administrative costs was received by the City on January 14,2010. A fully executed Agreement is attached for your records. Should you have any questions please call the number below. Sincerely, ~u LU~ Bonnie Wenzel City Clerk cc: Robin Matusick, Paralegal Brenda Dewees, Env. Services Director David Powell Clean Containment Corporation Office of the City Clerk P.o. Box 100. Edgewater, FL 32132-0100 (386) 424-2400 Ext. 1101 . Fax (386) 424-2410 www.cityofedgewater.org January 22, 2010 Clean Containment Corporation Mr. David Powell, President 12711 E. Highway 92 Dover, FL 33527 RE: Voluntary Stipulation and Agreed Order Dear Mr. Powell; At their regular meeting of January 14, 2010 the City of Edgewater Code Enforcement Board ordered that you comply with the above referenced Agreement and Order pertaining to property located at 500 Pullman Road, Edgewater. A payment of $5,000 for administrative costs was received by the City on January 14,2010. A fully executed Agreement is attached for your records. Should you have any questions please call the number below. Sincerely, 'funvLL 10fJ/Y>};ydJ Bonnie Wenzel City Clerk cc: Robin Matusick, Paralegal Brenda Dewees, Env. Services Director Bradley Stewart Clean Containment Corporation Office of the City Clerk P.O. Box 100. Edgewater, FL 32132-0100 (386) 424-2400 Ext. 1101. Fax (386) 424-2410 www.cityoJedgewater.org January 22,2010 Clean Containment Corporation 500 Pullman Road Edgewater FL 32132 RE: Voluntary Stipulation and Agreed Order Dear Sir; At their regular meeting of January 14, 2010 the City of Edgewater Code Enforcement Board ordered that you comply with the above referenced Agreement and Order pertaining to property located at 500 Pullman Road, Edgewater. A payment of $5,000 for administrative costs was received by the City on January 14,2010. A copy of the executed Agreement is attached for your records. Should you have any questions please call the number below. Sincerely, 16G~ wvwy! Bonnie Wenzel City Clerk cc: Robin Matusick, Paralegal Brenda Dewees, Env. Services Director Bradley Stewart David Powell Office of the City Clerk P.O. Box 100. Edgewater. FL 32132-0100 (386) 424-2400 Ext. 1101 . Fax (386) 424-2410 www.cityoJedgewater.org City of Edgewater R E P R I N T *** CUSTOMER RECEIPT *** Batch ID: EDGEKAW 1/20/10 02 Receipt no: 33772 Type SvcCd Description 99 CLEARING ACCOUNT Qty 1. 00 Amount $5000.00 CLEAN CONTAINMENT CORP CLEAN CONTAINMENT CORP MORRIS A LECOMPTE PA ESCROW Tender detail CK Ref#: Total tendered: Total payment: 1330 $5000.00 $5000.00 $5000.00 Trans date: 1/20/10 Time: 13: 04 : 25 *** THANK YOU FOR YOUR PAYMENT *** WWW.CITYOFEDGEWATER.ORG