FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

Transcription

1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Southeast District Office 400 North Congress Avenue, 3rd Floor West Palm Beach, FL RICK SCOTT GOVERNOR HERSCHEL T. VINYARD JR. SECRETARY July 16, 2013 VIA Ms. Linda Hudson, Chairperson Brownfields St. Lucie County City of Fort Pierce H.D. King Parcel North U.S. 1 BF Fort Pierce, Florida Site No.: COM_82363 RE: Site Rehabilitation Completion Order No Further Action Without Conditions H.D. King Power Plant (former) Parcel North Indian River Drive, Fort Pierce, FL Brownfield Area Identification Number: BF Brownfield Site Identification Number: BF Dear Ms. Hudson: The Florida Department of Environmental Protection (Department), Southeast District, Waste Compliance Assistance & Enforcement Section has reviewed the Combined Document Site Assessment and Interim Source Removal Report dated June 14, 2013 (received June 17, 2013), which included a recommendation for a No Further Action (NFA) and issuance of an unconditional Site Rehabilitation Completion Order (SRCO), that was prepared by Cardno TBE for Parcel 2 of the former H.D. King Power Plant located at 311 North Indian River Drive, Fort Pierce, Florida Maps showing the location of H.D. King Parcel 2 and the former location of the contaminated site for which this Order is being issued are attached as Exhibits 1, 2, 3 and are incorporated by reference herein. HD King Power Plant site began as a wood-fired steam plant in The power plant began burning oil and natural gas in the 1930 s and the electrical transformers were located in Parcel 2 until the Power Plant demolition in Parcel 2 soil was contaminated with benzo(a)pyrene (BaP) and benzo(a)anthracene (Exhibits 4,5). Groundwater monitor wells onsite/offsite showed exceedances of iron and manganese that are naturally occurring and are interpreted as a background condition. The NFA request is supported by earlier submittals, prepared pursuant to the requirements of Chapter , Florida Administrative Code (F.A.C.), including, but limited to:

2 Ms. Linda Hudson, Chairperson H.D. King Parcel 2 BF Page 2 of 6 Source Removal & Site Assessment Documents Site Assessment Report dated August 27, 2009 (received November 16, 2009) prepared by S&ME, Inc. Site Assessment Report Supplement No. 1 dated October 1, 2009 (received October 23, 2009 prepared by S&ME, Inc. Interim Source Removal Report dated July 23, 2010 (received August 10, 2010) prepared by Cardno TBE Combined Document Site Assessment and Interim Source Removal Report Parcel 3 dated June 14, 2013 (received June 17, 2013) prepared by Cardno TBE Based upon information provided by the (PRFBSR) concerning the property (Parcel 2) located at 125 A.E. Backus Avenue, Fort Pierce, Florida 34950, it is the opinion of the Department that the PRFBSR has successfully and satisfactorily implemented the approved Brownfield Site Rehabilitation Agreement schedule and program tasks and has met the criteria in Rule , F.A.C., for Risk Management Option Level 1 (No Further Action Without Conditions). Therefore, you have satisfied the site rehabilitation requirements for the above referenced brownfield site and are released from current obligation to conduct site rehabilitation at the brownfield site, except as set forth below. (a) You are required to abandon all monitoring wells within 60 days of receipt of this Order. The monitoring wells must be plugged and abandoned in accordance with the requirements of subsection (4), F.A.C. Further, in accordance with Chapter (3), Florida Statutes (F.S.), upon completion of site rehabilitation in compliance with Sections , F.S., additional site rehabilitation is not required unless it is demonstrated: (a) That fraud was committed in demonstrating site conditions or completion of site rehabilitation; (b) That new information confirms the existence of an area of previously unknown contamination which exceeds the site-specific rehabilitation levels established in accordance with Section , F.S., or which otherwise poses the threat of real and substantial harm to public health, safety, or the environment in violation of the terms of Sections , F.S.; (c) That the remediation efforts failed to achieve the site rehabilitation criteria established under Section , F.S.; (d) That the level of risk is increased beyond the acceptable risk established under section , F.S. due to substantial changes in exposure conditions, such as a change in land use for nonresidential to residential use. Any person who changes the land use of the brownfield site thus causing the level of risk to increase

3 Ms. Linda Hudson, Chairperson H.D. King Parcel 2 BF Page 3 of 6 Legal Issues beyond the acceptable risk level may be required by the department to undertake additional remediation measures to assure that human health, public saftety, and the environment are protected to levels consisitent with section , F.S.; or (e) That a new release occurs at the brownfield site subsequent to a determination of eligibility for participation in the brownfield program established under Section , F.S. The Department s Order shall become final unless a timely petition for an administrative hearing is filed under Sections and , Florida Statutes (F.S.), within 21 days of receipt of this Order. The procedures for petitioning for an administrative hearing are set forth below. Persons affected by this Order have the following options: (A) (B) If you choose to accept the Department s decision regarding the Site Rehabilitation Completion Order (SRCO) you do not have to do anything. This Order is final and effective as of the date on the top of the first page of this Order. If you choose to challenge the decision, you may do the following: (1) File a request for an extension of time to file a petition for an administrative hearing with the Department s Agency Clerk in the Office of General Counsel within 21 days of receipt of this Order; such a request should be made if you wish to meet with the Department in an attempt to informally resolve any disputes without first filing a petition for an administrative hearing; or (2) File a petition for an administrative hearing with the Department s Agency Clerk in the Office of General Counsel within 21 days of receipt of this Order. Please be advised that mediation of this decision pursuant to Section , F.S., is not available. How to Request an Extension of Time to File a Petition for an Administrative Hearing For good cause shown, pursuant to Subsection (4), F.A.C., the Department may grant a request for an extension of time to file a petition for an administrative hearing. Such a request must be filed (received) by the Department s Agency Clerk in the Office of General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, , within 21 days of receipt of this Order. Petitioner, if different from Ms. Linda Hudson, Chairperson, Fort Pierce Redevelopment Agency, City of Fort Pierce, 100 North U.S. 1, Fort Pierce, Florida 34954, shall mail a copy of the request to from Ms. Linda Hudson, Chairperson, Fort Pierce Redevelopment Agency, City of Fort Pierce, 100 North U.S. 1, Fort Pierce, Florida 34954, at the

4 Ms. Linda Hudson, Chairperson H.D. King Parcel 2 BF Page 4 of 6 time of filing. Timely filing a request for an extension of time tolls the time period within which a petition for an administrative hearing must be made. How to File a Petition for an Administrative Hearing A person whose substantial interests are affected by this Order may petition for an administrative hearing under Sections and , F.S. The petition must contain the information set forth below and must be filed (received) by the Department s Agency Clerk in the Office of General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, , within 21 days of receipt of this Order. Petitioner, if different from Ms. Linda Hudson, Chairperson,, City of Fort Pierce, 100 North U.S. 1, Fort Pierce, Florida 34954, shall mail a copy of the request to from Ms. Linda Hudson, Chairperson,, City of Fort Pierce, 100 North U.S. 1, Fort Pierce, Florida 34954, at the time of filing. Failure to file a petition within this time period shall waive the right of anyone who may request an administrative hearing under Sections and , F.S. Pursuant to Subsection (2), F.S. and Rule , F.A.C., a petition for an administrative hearing shall contain the following information: (a) (b) (c) (d) (e) (f) (g) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner s representative, if any; the facility owner s name and address, if different from the petitioner; the FDEP facility number, and the name and address of the facility; A statement of when and how each petitioner received notice of the Department s action or proposed action; An explanation of how each petitioner s substantial interests are or will be affected by the Department s action or proposed action; A statement of the disputed issues of material fact, or a statement that there are no disputed facts; A statement of the ultimate facts alleged, including a statement of the specific facts the petitioner contends warrant reversal or modification of the Department s action or proposed action; A statement of the specific rules or statutes the petitioner contents require reversal or modification of the Department s action or proposed action; and A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Department s action or proposed action. This Order is final and effective as of the date on the top of the first page of this Order. Timely filing a petition for an administrative hearing postpones the date this Order takes effect until the Department issues either a final order pursuant to an administrative hearing or an Order Responding to Supplemental Information provided to the Department pursuant to meetings with the Department.

5 Ms. Linda Hudson, Chairperson H.D. King Parcel 2 BF Page 5 of 6 Judicial Review Any party to this Order has the right to seek judicial review of it under Section , F.S., by filing a notice of appeal under Rule of the Florida Rules of Appellate Procedure with the Department s Agency Clerk in the Office of General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, , and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days after this Order is filed with the Department s clerk (see below). Questions Any questions regarding the Department s review of your Site Rehabilitation Completion Order should be directed to Mr. Arthur Torvela at (561) Questions regarding legal issues should be referred to the Department s Office of General Counsel at (850) Contact with any of the above does not constitute a petition for administrative hearing or request for an extension of time to file a petition for administrative hearing. Sincerely, Jill S. Creech, P.E. Date Southeast District Director FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk (or Deputy Clerk) Date JSC/JKS/JL/WAR/aet

6 Ms. Linda Hudson, Chairperson H.D. King Parcel 2 BF Page 6 of 6 Attachments: Exhibit 1: Figure 1, Site Vicinity Map Exhibit 2: Figure 2, Parcel Layout Map Exhibit 3: Figure 4, Soil Boring Locations Exhibit 4: Figure7, Excavation Areas Exhibit 5: Figure 9, Final Confirmatory Sample Results cc: Jon Ward, (jward@city-ftpierce.com) Greg Vaday, TCRPC (gvaday@tcrpc.org) Brian Dougherty, FDEP, Tallahassee (brian.dougherty@dep.state.fl.us) Kim Walker, FDEP, Tallahassee (Kim.walker@dep.state.fl.us) John Tompeck, Fort Pierce Utility Authority (jtompeck@fpua.com) Robert V. Schwerer, City of Fort Pierce Attorney (cfamularo@city-ftpierce.com) Greg Schultz, Cardno TBE (greg.schultz@cardno.com) Miles Ballogg, Cardno TBE (mballogg@cardno.com) Belinda Richard, Cardno TBE (Belinda.richard@cardno.com) Randy J. Miller, OGC Tallahassee (randy.j.miller@dep.state.fl.us) Brynna J. Ross, OGC Tallahassee (brynna.ross@dep.state.fl.us) Marcia Baker, Advisory Committee (ms.marciabaker@att.net) Steven DiPalma, Advisory Committee (steven.dipalma@yahoo.com) John Provance, Advisory Committee (jlcpfla@aol.com) Hassie Russ, Advisory Committee (charlesruss@att.com) Sharon Gray, Advisory Committee ( Sharon@grayteaches.com) Mildred Glinton, Advisory Committee (glintondream@hotmail.com) Leon Porter, Advisory Committee (leporter67@msn.com) #

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