STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
P. WARD, )
)
Petitioner, )
vs. ) CASE NO. 88-5147
) OKALOOSA COUNTY and STATE OF ) FLORIDA DEPARTMENT OF )
ENVIRONMENTAL REGULATION, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the final hearing in this case was held on March 28, 1989, in Shalimar, Florida before Diane Cleavinger, a duly appointed Hearing Officer of the Division of Administrative Hearings. Appearances for the parties at the hearing were as follows:
APPEARANCES
For Petitioner: Ron Ward
Qualified Representative For J.P. Ward
10 Rosewood Drive
Mary Esther, Florida 32569
For Respondents: John R. Dowd, Esquire
Representing Okaloosa County
P. O. Box 404
Shalimar, Florida 32579
Steven K. Hall, Esquire Assistant General Counsel Representing the Department of Environmental Regulation
2600 Blair Stone Road Tallahassee, Florida 32399-2400
STATEMENT OF THE ISSUES
Whether Okaloosa County has provided reasonable assurances that its proposed sewage treatment plant and an associated reclaimed water reuse system will not cause pollution significantly degrading the waters of the unnamed stream on the project site and/or the Santa Rosa Sound and that therefore the County's application for a permit to construct such facilities should be granted on the basis of assurances of compliance with applicable rule and statutory criteria.
BACKGROUND
Respondent, County, applied to the Department of Environmental Regulation for a construction permit for the construction of a wastewater treatment plant and related reclaimed water reuse facilities on a proposed site in southwestern Okaloosa County, Florida.
Following review of the application, the Department provided notice of its intent to issue the permit. After notification of the Department's intent to issue, J. P. Ward filed a timely petition for formal administrative proceeding pursuant to Section 120.57(1), Florida Statutes. The Department referred the petition to the Division of Administrative Hearings for further proceedings.
Prior to final hearing in this matter, Ron Ward, Petitioner's son, was authorized to act as the qualified representative of the Petitioner. At the final hearing the Petitioner called Linda Scott, Bobby Franks, Malachai King, Ruby Gillespie and J.P. Ward as witnesses. In addition, Ron Ward was allowed to make a statement for the record as a witness.
The county called Glenn Stephens as its only witness. Mr. Stephens was qualified as an expert in the field of sanitary engineering.
The Department called Robert R. Reining, Jr. as a witness. Mr. Reining was qualified as an expert in the field of wastewater treatment process design and engineering.
FINDINGS OF FACT
On October 16, 1987, Respondent, Okaloosa County, submitted an application to Respondent, Department of Environmental Regulation, to construct a wastewater treatment plant and related reclaimed water reuse facilities on a site located in southwestern Okaloosa County.
The Petitioner is an individual citizen residing in Okaloosa County, Florida. He is the owner of real property which adjoins the northern boundary of the proposed project site. Mr. Ward has used this property as his principal residence for approximately 8 years.
The proposed project site is located in southwest Okaloosa County contiguous to the western boundary of the County. The site comprises approximately 45 acres of land bounded on the west by Rosewood Drive and on the south by State Highway 98. The areas to the north and east are residential construction.
The site is currently a densely wooded area vegetated with a variety of flora indigenous to the area. The site is essentially bisected by a small fresh water stream system which enters the site at the northwestern corner and runs diagonally to the southeastern corner where it flows through a series of culverts under State Highway 98. The stream system constitutes waters of the state subject to the Department's regulatory jurisdiction. In addition, there is an isolated wetland area of variable size in the northwestern section of the project site. The wetland area is not subject to the Department's regulatory authority.
The stream system mentioned above intersects with another larger stream approximately 1000 feet southeast of the project site. These combined streams then meander into a tidal basin which empties into the Santa Rosa Sound
approximately 2500 feet south of the project site. The Santa Rosa Sound has been designated as Class II waters of the state. The unnamed stream system on site, as well as the larger stream that it joins south of the site, are designated as Class III waters of the State.
Southern Okaloosa County occupies a region of moderate elevation (0-70 feet above sea level) extending along a strip 10 or 15 miles wide along the coast of the Gulf of Mexico. Soils in this area are predominately fine sands low in organic matter. When dry, most of the soils have rapid internal drainage characteristics.
The Plant
The proposed plant is intended to treat sewage generated by the County's Western subregional service area. Initially, it will treat the flow currently handled by approximately 1400 septic tank systems and 9 package treatment plants within the area. The collection system which will transport the wastewater will be comprised of approximately 98,500 linear feet of 8 to 12 inch diameter gravity sewers. The transmission facilities to convey the raw wastewater from the new collection system will include the construction of approximately 29,400 linear feet of 4 to 10 inch diameter force main, 14 pump stations and approximately 32,100 linear feet of 8 to 12 inch diameter gravity interceptors.
By the end of its first year of operation, the proposed facility is projected to receive and treat approximately 750,000 gallons per day ("GPD"). The projected flow through the wastewater facility in the year 2007 is 1,000,000 GPD.
The proposed facility is best described as a 1,000,000 GPD capacity oxidation ditch treatment plant with nitrification and denitrification facilities. Reclaimed water reuse will be accomplished by a rapid infiltration basin system (RIB). Sludge from the system will be dewatered by a mechanical belt press system and disposed of at the County landfill.
In order to address the question of potential odors which result from the operation of the plant, the facility was located as near the center of the property as possible in order to give as much buffer area as possible between the facility and the surrounding residential area. In addition, the design of the treatment facility incorporates a preprocess aeration tank equipped with an activated carbon airstripper system which is specifically designed to remove the odor from the wastewater influent.
The treatment facility was also located near the center of the property in order to keep any noise resulting from the operation of the plant as far away from the surrounding area as possible. The plant utilizes noiseless gravity flow techniques and does not incorporate any blower or pump technology which usually cause a significant amount of noise in wastewater treatment plants. It is expected that the noise level from the operation of this facility would be less than the noise level generated from the traffic on State Highway
98 nearby.
The plant is designed to minimize the adverse effects resulting from odors, noise, aerosol drift and lighting.
The entire facility is enclosed by a fence.
The facility is designed and does comply with the Florida Administrative Code requirements for protection from flooding. The proposed site is at a higher elevation than the established 100 year flood elevation for the area.
The plant is designed so that every operational component of the plant has a backup system. The plant is equipped with an emergency generator capable of supplying sufficient power to operate the plant in the event of a power failure. The design of the plant complies with the standards provided by the Environmental Protection Agency for mechanical reliability.
The information submitted for the Department's review in relation to the County's construction permit application addressed all the information required in Rule 17-6.037(10), Florida Administrative Code.
The proposed plant facility is designed to leave a buffer zone approximately 200 feet wide between the reclaimed water reuse system and the stream system located on the project site. The construction plan prohibits any construction activities and/or clearing within the buffer area. This buffer area contains all the jurisdictional areas which are related to the stream system.
The Treatment Process
The waste treatment process proposed for this facility consists of secondary treatment, basic disinfection and pH control as defined in Rule 17- 6.060(1)(a)3, (c) and (d). The basic treatment process technology used in the proposed plant is described as a carousel activated sludge process. This process is a superior method of wastewater treatment because of its inherent stability, its reaction to shock and toxic loadings and the degree of process control that is available to the operator.
The effluent limitations that the Department has established for this facility require that the effluent, after disinfection, contain not more than 20 mg/1 Biological Oxygen Demand ("BOD") and 20 mg/1 Total Suspended Solids ("TSS"). In addition, effluent standards require a basic level of disinfection which shall result in not more than 200 fecal coliform values per 100 ml of effluent sample. The chlorine residual in recovered water shall be maintained at 0.5 mg/1 minimum, after 15 minutes contact time at peak flow. The pH level in the effluent must be maintained in a range between 6.0 Q and 8.5.
The County will be required to retain a Class B operator certified under the provisions of Chapter 17-16, Florida Administrative Code for day-to- day maintenance and operation of the treatment facilities. In addition, the facility must be staffed for a minimum of 16 hours per day, seven days a week by at least a Class C operator certified under the same provisions. A Class B operator shall be on call during all periods that the plant is unattended.
At a minimum, the facility must produce reclaimed water which complies with water quality standards provided in Rule 17- 3.404, Florida Administrative Code, as it interacts with groundwater in the established zone of discharge ("ZOD"). The estimated ZOD is an area defined by the boundaries of the facility. These standards are essentially equal to drinking water standards provided in Rule 17-22, Florida Administrative Code.
Because the soils under the site are rapid sands, the Department does not rely on them to significantly reduce total nitrogen in the reclaimed water
through interaction with the soils and the groundwater table under the rapid infiltration basins. As a result, the proposed facility is limited to a Total Nitrogen limitation of 7 mg/1. This limitation is significantly less than the Department's rapid rate land application treatment standard for Total Nitrogen which is 12 mg/1 in the effluent, with no more than 10 mg/1 in the ground. The proposed plant is capable of producing the 7 mg/1 level under all flow conditions.
The Rabid Infiltration Basins
In conjunction with the County's application for a construction permit for the wastewater treatment plant itself, the County submitted an application for a reclaimed water reuse system construction permit for a system designed to handle the maximum plant discharge of 1,000,000 gallons of reclaimed water per day. The system is composed of a series of five rapid infiltration basins (RIB's) or percolation ponds designed to receive the daily reclaimed water loads from the operation of the plant and allow the water to percolate into the groundwater beneath the project site. The ponds are proposed to be used so that not all the ponds are working at the same time. On any given day, there will be
3 ponds receiving effluent from the plant and 2 ponds receiving no effluent.
The proposed system of rapid infiltration basins is the best approach to effluent disposal on this particular site in consideration of a variety of site specific criteria.
While the Department's adopted guidance standards for percolation pond location specifies that areas with average depths to the groundwater table of 10 feet or more are desirable, the guidance document provides that areas with lesser depths may be acceptable. Computer models using highest projected groundwater levels and highest reasonably projected mounding effects related to the effluent disposal system indicate that while at times there may be less than
3 feet of vertical separation between the top of the groundwater mounds beneath any one of the percolation ponds and the floor of those ponds, it is not expected that the groundwater level will intersect the bottoms of the infiltration basin and that an acceptable margin will be maintained.
Initially, there was some dispute among Department staff concerning the suitability of the project site to handle the hydraulic loading rates proposed for the facility's pond system. After a significant amount of analysis of the relevant factors affecting site suitability in this regard and after Department staff managed to get the computer program which analyzes this data working properly, the relevant data indicates that the site is suitable for the proposed wastewater treatment plant as designed.
Surface and Ground Water Impact
The proposed facility is designed to meet applicable Department water quality standards necessary to prevent unacceptable degradation of the water quality in both the unnamed stream system on site and the Santa Rosa Sound. At the Department's request, the County had an independent study performed to assure that the operation of the facility would not have the effect of degrading nearby surface waters. This study, done by Larry Jacobs and Associates, supports the County consultant's projections that, under worst case conditions (highest observed groundwater levels plus maximum effluent loading), approximately 32,000 additional gallons per day of groundwater may enter the stream system as a result of operation of the RIB system. These studies were conducted to address the Department's concern about the potential for increased
nitrogen loading into both the stream system and the Santa Rosa Sound as a result of increased groundwater contributions to the stream system on site. The effluent disposal study submitted by the County as part of its application concludes that, discounting any possible reduction of Total Nitrogen content of the effluent as it travels through the ground before its discharged into the stream system, the Total Nitrogen concentration of the groundwater predicted to reach the stream should be diluted at the lowest observed flow volumes in the system to a concentration of less than 1 mg/1 when it reaches the confluence of the two streams approximately 1,000 feet south of the project site. The projection is an improvement in surface water conditions when compared with currently observed average concentrations of Total Nitrogen in the stream system and Santa Rosa Sound of 1.24 mg/1.
The performance of existing package plants in the area is generally poor. In fact, one treatment plant was ordered to close, forcing the relocation of residents in its service area. Another plant has continuing groundwater nitrate violations. In addition, the evidence shows that the performance of the septic tank systems in the area is not acceptable to the Environmental Protection Agency. The majority of the population is served by septic systems that fail under high groundwater conditions. The Director of the Okaloosa County Health Department has certified that 60% of the residents in the County West Service Area have failed septic tanks and that the remaining 40% have septic tanks in imminent danger of failing. Three of the eight existing treatment plants are under either Court or Consent orders to cease operations. The United States Environmental Protection Agency has found that the County West area has an immediate need to provide collection, transmission, and treatment facilities to protect surface and groundwaters and eliminate a public hazard.
Existing concentration of Total Nitrogen in Santa Rosa Sound and the waterways on and adjacent to the site are attributed to discharge of inadequately treated wastewater from existing septic tanks, existing wastewater treatment plants and stormwater runoff in the area. It is unlikely that the nitrogen concentration in the Santa Rosa Sound will increase as a result of the operation of the proposed facility since whatever wastewater treated at the facility will be eliminated from discharging into the affected waterbodies from other, less efficient treatment facilities.
The proposed facility design incorporates a total of seventeen monitoring wells or stations on and around the site. Two wells will monitor background groundwater quality upgradient from the percolation pond system. Twelve wells will monitor groundwater quality down gradient from the percolation pond system as it leaves the established zone of discharge. Two more stations will monitor surface water quality in the on-site system above and below the site. In addition, there is one intermediate monitoring well within the zone of discharge. Samples from these wells will be used to provide quarterly data reports to the Department indicating status of the following parameters in the ground water; water level, pH, BODs, Fecal Coliform, Total Nitrogen, Nitrate/Nitrate and Chloride. The surface water monitoring will provide annual data reports to the Department on the following parameters:
Chemical/Physical - Total Nitrogen, Nitrate/Nitrate, Total Phosphorus, Dissolved Oxygen, Temperature and pH
Biological Assessment - macroinvertebrate population per species, species diversity per square meter.
These data reports will be submitted regularly to the Department in conjunction with operational monitoring data from the treatment plant to allow assessment of the impact of the plant operation on the environment and compliance with permit conditions.
Clearly the County has provided reasonable assurances that the proposed plant and related facilities will not cause pollution significantly degrading the waters of the State.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter of and the parties to this proceeding. Section 120.57(1), Florida Statutes.
The Department has permitting jurisdiction over the proposed project pursuant to the provisions of Chapter 403.021(2) and 403.086(1), Florida Statutes, and Chapters 17-3, 17-4, and 17-12, Florida Administrative Code.
CHAPTER 17-6 CRITERIA
Chapter 17-6, Florida Administrative Code, provides in pertinent part: 17-6.035 Domestic Wastewater Facilities, Permit and General Requirements.
Construction or modification of wastewater treatment plants requires an appropriate permit from the Department in accordance with parts I and II of Chapter 17-4, F. A. C. and with this Chapter.
The Permittee shall comply with applicable design and performance criteria pursuant to this chapter and the permitting standards under Chapter 17-4, F. A. C.
Construction permits for wastewater treatment plants may be issued based on preliminary design reports provided certain requirements as described in Sections 17-6.036 and 17- 6.037 are met.
At the time of application for wastewater treatment plant construction permit, the application must have applied for a reuse or disposal system construction permit from the Department for no less than 75 percent of the treatment plant design flow capacity up to and including one million gallons per day or no less than 50 percent of the treatment plant design flow capacity greater than one million gallons per day, unless the applicant can demonstrate sufficient disposal and reuse capacity to satisfy the demand during the term of the operating permit.
A construction permit for an effluent disposal or reclaimed water reuse system shall contain limitations on discharge flow and quality, and list appropriate monitoring
requirements.
17-6.036 Construction Permits for Domestic Effluent Disposal or Reclaimed Water Reuse Systems:
An applicant for an effluent disposal or reclaimed water reuse system construction permit shall provide, as a minimum, adequate documentation in accordance with the applicable provisions of Chapters 17-6 and 7-28, as follows:
(2) Land Application/Groundwaters: Sections 17-6.040(4), 17-6.080, 17-6.150(1), 17-6.180 and 17-6.500 of this Chapter.
17-6.037 Construction Permits for Domestic Wastewater Treatment Plants Based on Preliminary Design Reports.
(1) An applicant for a domestic wastewater treatment plant construction permit shall submit an application with documentation providing reasonable assurances that the criteria in Section 17-6.070 and all other applicable rules will be met. An applicant for a treatment plant construction permit may submit an application with detailed plans and specifications or a preliminary design report without detailed plans and specifications. The detailed plans and specifications and the preliminary design report shall be signed and sealed by the engineer of record. The preliminary design report submitted as part of the application shall, as a minimum, contain the following information:
Population - current and design year projections.
Description and map of service area and land use projections for current and design year.
Forecast of flow and wastewater characteristics - current and design year:
Physical, chemical, and biological characteristics and concentrations.
Wastewater flow patterns - monthly average, daily average, daily maximum, and seasonal peak 1-hour flow during current and design year.
Domestic, industrial, and infiltration/flow contributions.
Site plan showing operations and unit processes.
An assessment of certain environmental effects of the project including odor and noise control, public accessibility, proximity to residential areas, flood protection, and other similar effects that the design consultants know to be of significance.
Technical information and design criteria for treatment facilities:
Hydraulic and organic loadings - minimum, average, and maximum quantities (liquid and sludge processes.)
Flow metering.
Recycle flows within the treatment plant.
Chemical additive control.
Removals; reclaimed water or effluent concentrations with separate tabulation for each unit handling solid liquid fractions with supporting data including design calculations.
Final sludge disposal.
Process diagrams:
Expected dimensions of unit operations and processes; capacities and volumes.
Process configuration.
Hydraulic profile.
Organic loading profile.
Solids profile.
Solids control system.
Flow diagram with capacities.
Operation and control strategies included for prevention of upsets, alternate disposal methods, and reliability features.
17-6.040 General Technical Guidance.
The technical standards and criteria contained in the following standard manuals and technical publications listed in (4) below and those referenced throughout this chapter are hereby incorporated by reference and may be applied, if applicable, in determining whether permits to construct or modified domestic wastewater facilities shall be issued or denied. However, the standards and criteria adopted by Subsection (4)(q) shall be followed for land application systems.
(4) Standard Manuals and Publications
(q) Florida Department of Environmental Regulation, 1983. Land Application of Domestic Wastewater Effluent in Florida. Office of Public Information, 2600 Blair Stone Road, Tallahassee, Florida 32301.
17-6.060 Effluent Limitations.
The waste treatment standards contained in this section generally shall be met before discharge into ho1ding ponds (if applicable), disposal systems, or surface waters classified pursuant to Chapter 17-3, FAC. Waste treatment, at a minimum, shall consist of secondary treatment and, to the extent necessary, disinfection and pH control. Additional levels of treatment (beyond secondary) may be required pursuant to provisions contained in this section as well as in Section 17-6.080.
Technology-Based Effluent Limitations (TBELs).
Secondary Treatment
1. Surface water disposal (excluding ocean outfalls)
All domestic wastewater facilities are required, at a minimum to provide secondary treatment of wastewater. New facilities and modifications of existing facilities shall be designed to achieve an effluent after disinfection containing not more than 20 mg/1 BOD and 20 mg/1 TSS, or 90% removal of each of these pollutants from the wastewater influent, which ever is more stringent.
All facilities shall be operated to achieve, at a minimum, the specified effluent limitations (20 mg/1). All facilities, whether new or existing, shall be subject to provisions of Section 17-6.010(5), regarding the applicability of the above requirements, and Section 17-6.160, and Appropriate disinfecting and pH control of effluents shall also be required.
Land application or groundwater disposal (excluding underground injection)
The secondary treatment criteria specified in Subsection (1)(a)1., above, at a minimum, generally are applicable as preapplication waste treatment requirements for all facilities, whether new or existing. The design for more stringent levels of treatment may be required by the department as a result of the method of effluent application/distribution; the extent of intended public access; the characteristics of the potential receiving surface waters (i.e., where overland flow runoff or application site underdrainage is involved); or groundwater protection pursuant to effluent disposal provisions of Section 17- 6.080(3).
Disinfection
All wastewater treatment facilities shall be designed and operated such that disinfection to the extent necessary to protect public health is provided and the microbiological pollutants shall not violate the criteria for the receiving waters (if any), as contained in Chapter 17-3, FAC.
The department is cognizant of the potentially harmful effects of chlorine used in conjunction with wastewater treatment and encourages the use of alternative disinfection methods. Residual levels, or similar criteria for establishing disinfection of alternative disinfectants, may be accepted by the department based upon information provided by the permittee in the engineering report which serves as evidence that appropriate microbiological criteria will be met and which provides reasonable assurance of public health protection. Dechlorination may be required by the department to ensure that applicable water quality standards will be met and other appropriate effluent limitations imposed pursuant to this chapter will be achieved. Maximum permissible residual levels for dechlorination shall be established as appropriate based upon information provided by the permittee in the engineering report regarding impacts on the receiving surface or ground water; such residual levels are subject to department approval.
Disinfection criteria are specified below for discharges from all facilities; applicability of the criteria to effluent Microbiological requirements generally shall be met prior to achieving other required effluent limitations.
A basic level of disinfection, hereinafter referred to as "basic disinfection", shall result in not more than 200 fecal coliform values per 100 ml of effluent sample. Where chlorine is utilized for disinfection, maintenance of 0.5 mg/1 minimum daily flow, or after 30 minutes contact time at average daily flow, whichever provides for the higher level of public health protection, shall be accepted as evidence that the microbiological criterion will be met.
pH.
All facilities shall be designed and operated to maintain effluent values for pH, after disinfection, within the range of 6.0 to 8.5, except as provided in section 17-6.055(18)(b), F.A.C.
17-6.070 Treatment Plants.
General
(a) New wastewater treatment plants and modifications of existing plants shall be designed in accordance with sound engineering practice. General technical guidance is provided by references listed under Section 17-6.040.
Plant Sites
New treatment plants and modifications to existing plants shall be designed and located on the site so as to minimize adverse effects resulting from odors, noise, aerosol drift and lighting. All such design control measures shall be described in the engineering report. The permittee shall give reasonable assurance that the treatment plant or modifications to an existing plant shall not cause odor, noise, aerosol drift or lighting in such amounts or at such levels that they adversely affect neighboring residents, in commercial or residential areas, so as to be potentially harmful or injurious to human health or welfare or unreasonably interfere with the enjoyment of life or property, including outdoor recreation. Reasonable assurance may be based on such means as aeration, landscaping, treatment of vented gases, buffer zones owned or under the control of the permittee, chemical additions, prechlorination, ozonation, innovative structural design or other similar techniques and methods, as may be required. The design shall include adequate aeration.
All treatment plant sites shall be enclosed with a fence or otherwise designed with appropriate features that discourage the entry of animals and unauthorized persons.
(5) The potential for damage or interruption of operation , because of flooding shall be considered by the permittee when siting new treatment plants and expansions of existing plants at inland or coastal locations. The treatment plant structures essential for the purpose of treating, stabilizing, conveying, or holding incompletely treated waste and electrical mechanical equipment shall be protected from physical damage by the 100-year flood. The treatment plant shall be designed to remain fully operational and accessible during the 25-year flood; lesser flood levels may be designed for, dependent on local conditions, but in no case shall less than a 10-year flood be used. Design considerations (water surface elevation, forces arising from water movement, etc.) shall be addressed in the engineering report and shall be based upon available information; where site- specific information is unavailable, sound engineering practices shall be used in siting and design of treatment plant facilities.
17-6.080 Effluent Disposal.
(3) Land Application
The following requirements are applicable for slow- rate, rapid- rate . . . and other land application systems potentially discharging to Class G-II groundwaters as described in Chapter 17-3, F.A.C.
Systems shall be designed to meet applicable requirements contained in Section 17-6.040(4)(q).
Waste treatment, at a minimum, shall consist of k secondary treatment and, to the extent necessary, basic disinfection and pH control. Generally, these criteria are applicable as preapplication waste treatment requirements for all facilities, whether new or existing.
2. Addition levels of preapplication treatment (beyond the minimum) may be required by the department as a result of the method of effluent application/distribution; the extent of intended public access; the characteristics of the potential receiving surface waters (e.g., where application site underdrainage is designed); or groundwater protection pursuant to effluent disposal provisions of Section 17-6.040(4)(q).
Protection of groundwater quality is of concern. The characteristics of background, or ambient, groundwater quality shall be established. Two general situations will be encountered: background quality characteristics may be at or below the criteria numerically quantified in Chapter 17-3, F.A.C., (i.e., background quality is in degradation of background water quality in excess of the water quality criteria; or background water quality characteristics may be in excess of the criteria numerically quantified in Chapter 17-3, F.A.C., (i.e., background quality is worse than standards) in which case the land application shall not result in further degradation of the background water quality. Where a surface water discharge is also involved, the underdrainage or overland flow discharge shall not result in a violation of water quality standards.
17-6.110 Treatment Plants and Effluent Disposal Systems.
New treatment plants and existing plants which have had modifications which require compliance with the effluent limitations required by this chapter shall be operated and maintained so as to attain, at a minimum, the effluent quality required by the operational criteria specified in Section 17- 6.180(10. Existing treatment plants shall, at a minimum, meet effluent limitations as specified in currently valid permits pursuant to Section 17- 6.160.
The operation of all treatment plants shall be under the supervision of an operator certified in accordance with Chapter 17-16, F.A.C. All facility operations shall provide for the minimum care and maintenance of facility operations shall provide for the minimum care and maintenance of the facility in accordance with Chapter 17-16, F.A.C.
All equipment necessary for the treatment and disposal of domestic wastewater shall be maintained, at a minimum, so as to function as intended. In the event odor, noise, aerosol drift, or lighting adversely affect neighboring developed areas at the levels prohibited by 17-6.070(2)(a), corrective action
(which may include modifications of the treatment plant) shall be taken by the permittee. Other corrective action may be required to ensure compliance with rules of the department.
All treatment plant permittees shall provide the operating data, records, and analytical results of the treatment plant and disposal system. These records shall be transmitted to the appropriate district office of the department, in accordance with Chapter 17-19, F.A.C.
Copies of the department permit and record drawings pursuant to Section 17-6.140(2)(b)4.; the approved operation and maintenance manual pursuant to Section 17-6.150(2); schedules; logs; facilities or other acceptable sites approved by the department for use by plant operators and inspection by the department.
All treatment plant permittees shall be responsible for making all facilities safe in terms of public health and safety at all times, including periods of inactivation or abandonment. The permittee shall give the department written notice at least 60 days prior to inactivation or abandonment of a treatment plant and shall specify what steps will be taken to safeguard public health and safety. The permittee may be ordered to undertake additional steps deemed necessary by the department to protect public health and safety.
Land application systems shall be operated and (maintained in accordance with the provisions contained in Section 17-6.040(4)(q).
The applicable technical guidance manual titled (Land Application of Domestic Wastewater Effluent in Florida) provides the following applicable requirements:
2.2 Waste Treatment Requirements
At a minimum, preapplication waste treatment shall result in an effluent meeting secondary treatment and basic disinfection levels prior to spreading into the ponds. The nitrate content of the effluent prior to spreading into the pond system shall not exceed 12 mg/1 unless reasonable assurance is provided in the engineering report that nitrate as measured in any hydraulically down- gradient monitoring well will not exceed 10 mg/1 or background levels in the receiving groundwater, which ever is less stringent. Design nitrate content of the effluent prior to disposal shall be established by the permittee subject to department approval. Additional treatment may be required as a result of the pond location, subsurface drainage, and hydraulic loading rate provisions contained below.
Percolation Pond Location
The physical characteristics of unconsolidated materials overlying the bedrock shall be such that direct rapid movement (short-circuit) of the applied effluent to underlying aquifers does not occur, unless treatment prior to discharge is adequate to ensure compliance with groundwater quality provisions of Chapters 17-3 and 17-6, F.A.C. A shallow mantle of highly permeable media (e.g., coarse sands) overlying fractured or cavernous bedrock formations containing potential drinking water supplies is an example of a condition to be avoided. Areas with average depths to the groundwater table of ten feet or more are desirable; areas with lesser depths may be acceptable. Subsurface drainage may be required for proper system operation. Also, ponds should be located such
that lateral subsurface movement of applied effluent does not unpredictably affect the percolation rates of cells within the system.
Buffer Zones
Requirements for buffer zones for rapid-rate systems generally shall be as contained in Section 1.8.1. and 1.8.2., above, concerning buffer zones for slow-rate systems. However, the minimum distance to shallow water supply wells shall be 500 feet; this separation distance is also recommended or Class 1 waters and Class II waters approved or conditionally approved for shellfish harvesting.
Design of the system shall be such as to minimize adverse effects resulting from noise, aerosol drift, lighting, and particularly odors, in accordance with Section 17- 6.070(2)(a), F.A.C. concerning treatment plant location. Adequate site area for operation and maintenance shall be provided. Sufficient site area shall be provided for adequately controlling emergency discharges.
2.7 Hydraulic Loading Rates and Cycles
Hydraulic loading rates shall be developed on the basis of representative percolation tests (drain field percolation tests described in Chapter 1OD-6.31, F.A.C., are inappropriate) which simulate actual loading conditions that will prevail during the design life of the rapid-rate system. This may involve bench scale or, preferably, pilot-scale hydraulic testing with either the actual effluent to be applied, where possible, or other water properly adjusted to correspond to the composition of the effluent to be applied. The design loading rate shall allow for the expected gradual reduction in percolation rate due to long-term application of effluents. The design hydraulic loading (and application) rate shall be related to the hydraulic conductivity and transmissivity of the geologic formations at the project site which shall be evaluated in-depth by the permittee, with assistance from organizations or individuals qualified by training or experience in soil science, geology, and hydrology.
The project applicant has provided reasonable assurances that the construction of the wastewater treatment facility and the related reclaimed water reuse system will not result in the discharge of any waste to the affected waters of the State without being given the degree of treatment necessary to protect the beneficial uses of those waters. The project applicant has established by means of credible evidence that this plant will meet or exceed the effluent limitations established in Rule 17- 6.060, Florida Administrative Code for the land application of effluent. The proposed facility will at a minimum provide secondary treatment of wastewater producing an effluent after disinfection containing not more than 20 mg/1 BOD and 20 mg/1 TSS. In addition, the proposed plant is designed to provide a basic level of disinfection as required in Section 17-6.060(1)(c) and pH limitations as provided in 17- 6.080(1)(d).
The proposed facility has been designed in accordance & with sound engineering practice as required in Rule 17-6.070, Florida Administrative Code. The facility is situated on the plant site so as to minimize adverse affects resulting from odors, noise, aerosol drift and lighting. In so designing and locating the proposed plant, the applicant has provided reasonable assurances that the treatment plant shall not cause odor, noise, aerosol drift or lighting in such amounts or at such levels that these nuisances adversely affect
neighboring residents, in commercial or residential areas, so as to be potentially harmful or injurious to human health or welfare or unreasonably interfere with the enjoyment of life or property including outdoor recreation. It has been established by credible evidence that the plant has been sited at an elevation which protects it from physical damage from the 100-year flood event and that the treatment plant has been designed to remain fully operational and accessible during the 25-year flood.
The plant is designed to produce a preapplication effluent quality containing not more than 7 mg/1 Total Nitrate content. This level of additional treatment exceeds Total Nitrate standards required by the Department's technical standards for rapid rate systems provides strong assurance that neither existing groundwater nor surface water quality will be impacted by excessive nitrogen loading.
The County has established that the design and location of the rapid infiltration basin system meets the applicable requirements contained in Section 17-6.040(4)(g), Florida Administrative Code. The County has agreed to the additional levels of preapplication treatment in order to provide additional protection for groundwater quality so that the land application shall not result in further degradation of the background water quality as required in Rule 17- 6.080(3)(d), Florida Administrative Code.
Where, as here, the applicant for a DER permit has provided credible evidence that the project will not discharge or cause pollution in contravention of DER standards and/or rules, the Petitioner has the responsibility of going forward with evidence to prove the truth of their allegations that reasonable assurance of compliance have not been provided. Florida Department of Transportation v. J. W. C. Company, Inc., 396 So.2d 778 (Fla. 1st DCA 1981).
The Petitioner in this case has failed to provide credible evidence refuting the existence of such reasonable assurances of compliance. In addition, the Petitioner has failed to provide competent evidence that the factual allegations of his petition are true. This conclusion is based on a consideration of all testimony provided by Petitioner's witnesses relating to the possibility of water quality violations, the potential for adverse effects resulting from odors and potential for unreasonable interference with the nearby resident's enjoyment of life or property. Weighed against this testimony is other credible testimony concerning both design and operational controls specifically designed into the plant in order to address those concerns. In addition, the evidence indicates that the project will result in the abatement of known water quality & problems in the area which are attributable to the operation of a high percentage of failed septic tanks and the operation of questionable wastewater treatment package plants. The proposed permit contains specific conditions covering these factors. In addition, the permit requires the applicant to construct and operate a monitoring system designed to monitor both groundwater and surface water conditions in all areas impacted by the operation of the facility and to provide regular monitoring data reports to the Department for independent analysis of the plant's impact on the environment.
Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Environmental Regulation enter a Final
Order Granting the application of Okaloosa County to construct a wastewater treatment facility and related reclaimed water reuse system at the proposed site
in southwestern Okaloosa County, Florida, and issuing permits in accordance with the conditions as set forth in the Department's Intent to Issue and draft permit dated August 1, 1988.
DONE and ENTERED this 1st day of June, 1989, in Tallahassee, Florida.
DIANNE CLEAVINGER
Hearing Officer
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 1st day of June, 1989.
APPENDIX
Petitioner's paragraph 1 of his Proposed Findings of Facts (titled Closing Statement) did not contain any factual statements.
The facts contained in paragraph 2 of Petitioner's Proposed Findings of Facts are subordinate. All the evidence contrary to the suitability of the Project site was explained by other more credible evidence.
The facts contained in paragraphs 1-29 of Respondent's Proposed Findings of Facts are adopted in substance, in so far as material.
COPIES FURNISHED:
Ron Ward
Qualified Representative For J. P. Ward
10 Rosewood Drive
Mary Esther, Florida 32569
John R. Dowd, Esquire Representing Okaloosa County
P. O. Box 404
Shalimar, Florida 32579
Steven K. Hall, Esquire Assistant General Counsel Representing the Department of Environmental Regulation
2600 Blair Stone Road
Tallahassee, Florida 32399-2400 (A
Dale H. Twachtmann, Secretary State of Florida Department of Environmental Regulation
2600 Blair Stone Road Tallahassee, Florida 32399-2400
| Issue Date | Proceedings |
|---|---|
| Jun. 01, 1989 | Recommended Order (hearing held , 2013). CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Jun. 29, 1989 | Agency Final Order | |
| Jun. 01, 1989 | Recommended Order | Sewage disposal permit-rapid infiltration basins-plant, treatment and rib's meet department requirements reasonable assurances given |
