STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
IN RE: SEMINOLE ELECTRIC ) COOPERATIVE, INC., COMBINED-CYCLE ) FACILITY PROJECT POWER PLANT ) SITING APPLICATION NO. PA78-10A3 )
FINAL ORDER
OGCCASENO. DOAH CASE NO.
17-1184
17-6661EPP
This matter is before me as Secretary of the Department of Environmental Protection (DEP or Department) for the purpose of entering a Final Order under Sections 403.508(6), 403.509(1)(a), and 403.509(3), Florida Statutes.
BACKGROUND
On June 20, 2018, the Administrative Law Judge (ALJ) assigned by the Division of Administrative Hearings (DOAH) issued an order canceling hearing, closing file, and relinquishing jurisdiction to the Department for entry of a final certification order. The order granted the parties' request to cancel the certification hearing and relinquish jurisdiction in accordance with Section 403.508(6), Florida Statutes. The order was issued pursuant to a Joint Stipulation and Motion of the Parties to Cancel Certification Hearing and to Relinquish Jurisdiction to the Department for Entry of Final Certification Order (Joint Stipulation). The Joint Stipulation stated that no disputed issues of fact or law remain to be raised at the site certification hearing. The Joint Stipulation stated that the parties' requested cancellation of the site certification hearing originally scheduled to begin on July 16, 2018, and did not object to entry of a Final Order by the Department. Therefore, under Section 403.509(1)(a), Florida Statutes, the Department is required to prepare and enter a Final Order.
Filed July 27, 2018 4:52 PM Division of Administrative Hearings
PARTIES
The following are the parties to this site certification proceeding, under Section 403.508(4)(a), Florida Statutes: the Applicant Seminole Electric Cooperative, Inc. (Seminole Electric or SECI), and the Department. Those parties have been granted party status by statute or have timely filed a Notice ofintent to be a Party under Section 403.508(3)(b), Florida Statutes.
No other agency filed a Notice of Intent to be a Party before the 90th day prior to the scheduled certification hearing. Further, no third party has intervened in this proceeding as of June 16, 2018, which under Section 403.508(2)(e), Florida Statutes, was the latest date on which intervention could be granted.
STATEMENT OF THE ISSUE
The issue to be decided in this proceeding is whether DEP, acting in lieu of the Siting Board, should approve certification in accordance with the Florida Electrical Power Plant Siting Act (PPSA), Sections 403.501, et seq., Florida Statutes, authorizing Seminole Electric to construct and operate new electrical generating facilities and onsite associated facilities, known as the Seminole Combined Cycle Facility (SCCF) at Seminole Electric's existing Seminole Generating Station (SGS) site in Putnam County, Florida, subject to the proposed Conditions of Certification set forth in the DEP Project Analysis Report (PAR) dated June 1, 2018 (Project).
PRELIMINARY STATEMENT
On December 11, 2017, Seminole Electric filed with the Department a Site Certification application (SCA or Application) for the SCCF. (PAR, p. 1). On January 22, 2018, Putnam County issued its land use and zoning determination for the Project, under Section 403.50665(2), Florida Statutes. The County determined that the Project site was consistent and in compliance with the adopted land use and zoning ordinances of Putnam County. (PAR, pp. 6-7). No party
challenged the County's land use consistency determination following public notice. (PAR, p. 21). On January 22, 2018, DEP determined the application to be complete.
Under Section 403.519, Florida Statutes, the Florida Public Service Commission (PSC) issued its determination of need for the Project on May 25, 2018. As required by Sections 403.5115(l)(e) and (4)(f), Florida Statutes, notice of that hearing was timely published by
Seminole Electric in the Palatka Daily News in Putnam County and by DEP in the Florida
Administrative Register.
The ALJ timely issued an order closing file on June 20, 2018, granting the parties' request to cancel the certification hearing. In accordance with Section 403.5115(1)(g), notice of
cancellation of the certification hearing was published by the Department in the Florida
Administrative Register on July 3, 2018, and by Seminole Electric in the Palatka Daily News on July 3, 2018. No party to this proceeding is objecting to, or recommending denial of, final certification for the Project, subject to the proposed Conditions of Certification.
FINDINGS OF FACT 1
The Applicant and the Project
1. SEC!, headquartered in Tampa, Florida, is one of the largest electric generation and transmission (G&T) cooperatives in the country. SEC! is led by an experienced management group and governed by a 27-member Board of Trustees comprised of three representatives from each of its nine Member distribution cooperatives (Members). As a G&T cooperative, SECI provides wholesale electric power to its Members. The Members, in turn, distribute the electricity to their member consumers. SECI's nine Members provide electricity to
The parties stipulated to the factual findings. These factual findings are supported by reference to the Site Certification Application (SCA), the Department's PAR dated June 1, 2018, and attachments thereto.
approximately 1.6 million people and businesses in parts of 42 of Florida's 67 counties, stretching from the eastern portion of the Florida panhandle to the southern portion of the state. SECI serves its' Members' electricity demand needs through a balanced and diversified power portfolio which includes SECI-owned generation facilities located at two different sites and energy provided through purchased power agreements of varying terms with other utilities, independent power producers, municipalities, and/or counties. (SCA pp. 1-3 to 1-4).
The SCA requests approval of the proposed construction and operation of new electrical generating facilities and onsite associated facilities at SECI's existing Seminole Generating Station (SGS) site in Putnam County, Florida. The SGS site currently includes two approximately 650-megawatt (MW) (winter net) coal-fired electrical generating units (SGS Units 1 and 2) certified under the PPSA in 1979 and in commercial operation since 1984. (SCA, p. 1-1; PARp. 4).
The Project includes construction and operation of a new natural-gas fired generation facility on currently wooded and undeveloped portions of the SGS site immediately south of the existing SGS units. The new facility will be configured as a two-on-one, combined cycle generating plant utilizing two advanced combustion turbine generators (CTGs), two heat recovery steam generators (HRSGs), one steam turbine generator (STG), and directly associated onsite facilities. (SCA, p. 1-1; PAR, p. 7-9).
The combined cycle unit will have a gross nominal generating capacity of 1,183 MW, with a nominal net generating capacity of approximately 1,050 MW. The Project, which includes the electrical generating facilities and all associated facilities, is referred to as the Seminole Combined Cycle Facility (SCCF or Project). (SCA, p. 1-1; PAR, p. 7).
Construction of the SCCF will use as much of the existing infrastructure as
practicable, including water intake and discharge structures and an extension of the existing
electrical switchyard. Onsite associated facilities include electrical equipment enclosures, exhaust stacks, an administration building that will include a control room and maintenance area, a warehouse, parking, fuel gas regulation station, fuel gas heaters, mechanical draft cooling tower, diesel-fired emergency fire water pump, emergency aboveground service/fire water storage tank, aqueous ammonia tanks, an expansion of the electrical switchyard, potable water and sanitary wastewater treatment facilities, step-up transformers, a stormwater management system/stormwater retention ponds, and piping tie-ins and other facilities necessary to integrate with existing intake and discharge water infrastructure. The SCCF does not include any offsite associated facilities. (SCA p. 1-9; PAR pp. 9-10).
The SCCF will be fired on natural gas only. Natural gas for the SCCF will be supplied by a 21-mile pipeline lateral from the Florida Gas Transmission (FGT) natural gas transmission system. The pipeline lateral will originate from the FGT system in western Putnam County and run east to the SGS site. The pipeline will not be permitted, majority-owned, constructed, or operated by SECI; therefore, it is not included as an associated facility to the SCCF in the SCA. (SCA, pp. 1-9, 1-12; PAR, p. 12).
Existing SGS and Facilities
The SGS property consists of approximately 1,996 acres, including an access road and water pipeline corridors running south to County Road (CR) 209 (West River Road) and a water pipeline corridor running south to the St. Johns River. SEC! also has a sovereign submerged lands easement from the state of Florida running from the end of its water pipeline corridor into the St. Johns River for water intake and discharge related structures. The certified site for the existing SGS Units 1 and 2 is approximately 1,917 acres. SEC! subsequently purchased adjacent parcels ofland totaling approximately 79 acres. SECT is seeking to include
the 79 acres within the certified site boundary, for a total certified area of 1,996 acres. (SCA, p. 1-6; PAR, pp. 2, 4-5).
SGS has been used for power generation since 1984. The site currently contains two operating coal-fired plants (SGS Units .1 an-d 2). Major existing associated facilities on the site include the 695-foot exhaust stack, two 450-foot hyperbolic natural draft cooling towers, coal delivery and storage facilities, solid waste disposal areas, a switchyard, water treatment and storage facilities, wastewater treatment facilities, an administration/control building, and stonnwater management system/stonnwater ponds. Coincident with the declared commercial operation of the SCCF, SEC! intends to remove from service one of the existing SGS units.2 A decision as to which unit will be removed from service will be made in the future. (SCA, pp. 1-1, 1-6; PAR pp. 4-5).
Construction
Construction of the Project will begin between mid-2019 and early 2020 (or as soon as all regulatory approvals are obtained), with commercial operation targeted approximately 36 months later. Approximately 55 acres of the 1,996-acre Site will be impacted by construction activities. The plant will be built on 32 acres of undeveloped, wooded land just south of SGS Units 1 and 2. During the construction phase, 23 acres will be used for construction laydown
and craft worker parking. After construction, the parking area (approximately 5.6 acres) will be seeded and allowed to revegetate with grass. The construction laydown area (approximately
17.4 acres) will be used for future outages. (SCA, pp. 4-1, 4-5; PAR p. 10).
2 Per the Prevention of Significant Deterioration (PSD) Air Construction Permit, Seminole Electric may continue to operate both units until either commercial operation (excluding sale or delivery of test generation) of the SCCF combustion turbine or 180 days after the date of initial fuel firing, whichever occurs first.
The plant facilities area will be cut and/or filled, as needed, to raise the areas to design elevations (nominal 74.0' NAVD88). The proposed site elevations are designed to provide a balanced cut-and-fill site to the extent practicable. As needed, structural fill materials, such as crushed limestone, will be obtained from locally available sources. (SCA, p. 5-3).
Construction equipment and materials will be delivered to the site by trucks using the existing roadway system. The trucks will travel to the site using US 17 and will tum east on the main SGS plant access road. Certain heavy equipment will also be transported to the site area using the existing railroad line along the east side of US 17, with an existing rail spur running into the SGS site. (SCA, p. 4-40; PAR, p. 19).
Architectural or Historical Sites
A cultural resources assessment survey of the Project area was conducted in December 2016. A portion of the Project area is within the boundaries of a reconnaissance survey conducted in 2006. No archaeological sites were identified in the 2006 survey, and the Florida Division of Historical Resources (FDHR) concurred with the results. The 2016 survey focused on the areas to be disturbed by the SCCF outside of the boundaries of the 2006 reconnaissance survey. A total of 28 shovel tests were performed in the Project area, and three pre-Columbian artifacts were found in two of the tests. Based on FDHR's guidelines, they were documented as archaeological occurrences, which do not yield valuable information and are not considered eligible for listing in the National Register of Historic Places (NRHP). No historical resources were identified in the Project area. FDHR concurred that the Project "will have no effect on cultural resources listed, or eligible for listing in the NRHP, or otherwise of archaeological, historical, or architectural significance within the survey area." FDHR does not anticipate any adverse impacts to historical resources from the SCCF and does not object to
certification of the Project. (SCA, pp. 3-18 to 3-19, Appendix 10.7.1; PAR, p. 20, App. II-6).
Noise
SECI conducted computerized modeling analyses of the SCCF to evaluate potential noise impacts of the Project. Normal noise levels from construction activities are expected to have minimal impact on nearby properties because of the distance from the power block area (over 2,000 feet) and sporadic nature of these activities. There are no noise regulations applicable to the Project. However, modeling demonstrated that, if applicable, sound levels from operation of the Project would be well below Putnam County standards. (SCA, pp. 5- 19 to 5-21, 6-43; PAR, p. 19).
Determination of Need
By Final Order (PSC-2018-0262-FOF-EC) issued on May 25, 2018, the Florida Public Service Commission (PSC) issued an affirmative need determination for the SCCF based on the factors in section 403.519, Florida Statutes. Among these, the PSC found that SECI has a need for additional capacity beginning in 2021 and that the resource plan including the SCCF is the most cost-effective alternative available to meet SECI's generation needs, as this criterion is used in Section 403.519, Florida Statutes. The PSC also found that the Project will provide adequate electricity at a reasonable cost to SECI's members and member-consumers. See Order No. PSC-2018-0262-FOF-EC, p. 30, 32-33 (Fla. P.S.C. May 25, 2018); (PAR, pp. 21-22, App. II-1).
Putnam County
In March 2017, Putnam County granted SECI's requests for a comprehensive plan amendment and an amendment of the existing Planned Unit Development for the 1,996-acre SGS property. On January 22, 2018, Putnam County filed its Determination of Land Use and Zoning Consistency, finding the site consistent with Putnam County's existing land use plans
and zoning ordinances. In its May 1, 2018, agency report, the County recommended approval of
the certification of the Site and associated facilities proposed, subject to compliance with the recommended Conditions of Certification incorporated into DEP's PAR. (SCA, pp. 3-10, 3-13, 6-48, Appendix 10.3; PAR, pp. 6-7, 24-25, App. II-7).
Florida Fish and Wildlife Conservation Commission
The potential for impacts to ecological resources is expected to be minimal. The 55 acres to be used for construction is comprised of upland vegetation and other non-wetland land uses. The SCCF clearing/construction is to occur on areas that are not of optimal quality for terrestrial fauna! inhabitants. Moreover, Project construction is not expected to significantly impact regional populations of any endangered, threatened, or of special concern plant or wildlife species. (SCA, pp. 5-8, 5-10 to 5-12, 6-46; PAR, pp. 17, 25).
Human presence and noise associated with operating a power plant are impacts already present from existing SGS operations. Current wildlife usage of the site reflects those species are already accustomed to these activities. It is anticipated that the relatively minor increases in noise or human presence will not significantly affect wildlife usage of the Site. (SCA, p. 6-46).
No significant impacts to offsite aquatic resources are expected to occur because no modifications to the existing intake or discharge pipelines or structures in the St. Johns River are proposed. No in-water work is proposed within or along the St. Johns River, so there will be no construction impacts to aquatic species in the river. The SCCF with the remaining SGS unit will not result in a measurable change to the discharge circulation pattern from what is currently occurring. SECI is not proposing any changes to the existing discharge structure or permitted discharge volume. Therefore, no adverse impacts to aquatic biota are anticipated. (SCA, pp. 5- 11 to 5-12, 6-7; PAR, pp. 18-19).
In its April 26, 2018, agency report, the Florida Fish & Wildlife Conservation Commission recommended approval of the SCCF certification, subject to compliance with the recommended Conditions of Certification incorporated into the Department's PAR. (PAR, p. 23 and App. II-3).
Department
Air Emissions
The SCCF design will incorporate state-of-the-art combined cycle CTG technology and air quality emissions controls. The high thermal efficiency of the GE Model
· 7HA.02 will reduce emissions per unit of output by producing each megawatt-hour (MWh) of electricity with less fuel compared to conventional fossil fuel power generation facilities. This high thermal efficiency design will result in lower air emissions per MWh of electrical power generated. The CTG/HRSG units will be equipped with dry low-nitrogen oxide (NOx) combustors, and a selective catalytic reduction (SCR) system to minimize NOx emissions. In addition, an oxidation catalyst will be installed to further reduce Carbon Monoxide (CO) and volatile organic compound (VOC) emissions. The use of pipeline-quality natural gas, along with highly efficient combustion, will limit particulate matter (PM/PM10/PM2.s) emissions from the CTG/HRSG units. Sulfur dioxide (SO2) and sulfuric acid (H2SO4) mist emissions result from conversion of sulfur in the fuel and are minimized by the low sulfur content of the fuels proposed for the Project, i.e., pipeline-quality natural gas for the CTG/HRSG units and fuel gas dew point heaters and ULSD fuel oil for the emergency fire water pump diesel engine. The mechanical draft cooling towers will be equipped with high efficiency drift eliminators or similar devices to minimize particulate emissions. (SCA, pp. 4-18 to 4-19; PAR, p. 11).
Because of the SCCF, overall emissions at SGS will decrease for all pollutants
except VOCs. Sitewide emissions of most pollutants, including greenhouse gases (GHG), will
decrease significantly via the cumulative effects of using clean burning natural gas and advanced combustion turbine and combined-cycle technologies and the removal from service of one of the existing SGS coal-fired units. (SCA, pp. 1-11, 6-37 to 6-38; PAR, p. 14).
Separate Air Construction Permitting
DEP's Division of Air Resource Management regulates major stationary air pollution sources in accordance with Florida's Prevention of Significant Deterioration (PSD) program, as defined in Rule 62-212.400, Florida Administrative Code. For new major facilities, or for modifications to existing facilities, each registered air pollutant is reviewed for PSD applicability based on emissions thresholds known as Significant Emission Rates (SERs). A PSD netting analysis was conducted to determine whether the SCCF's net air emissions increase (or decrease) based on the air emissions from all the air emission units for the SCCF. The analysis determined that air emissions decrease due to removal from service of one of the existing SGS units coincident with the commercial operation of the SCCF. Overall emissions for the SGS site will decrease for all pollutants except for volatile organic compounds (VOCs). SCCF constitutes a major modification to an existing major stationary source since SCCF will have a net emission increase greater than one of the PSD SERs. Therefore, the Project underwent PSD review. (SCA, pp. 6-35 to 6-37; PAR, pp. 13-14).
On March 21, 2018, the Department issued a PSD Air Construction Permit for the SCCF. The Department concluded that based on the results presented in the air quality impact analysis, the Department has reasonable assurance that the increased pollutant emissions associated with the Project will not cause or significantly contribute to any violation of a National Ambient Air Quality Standard or PSD increment. In addition, the Department found that there will be no adverse impact on soils, vegetation, wildlife, or Air Quality Related Values
in Class I areas. The Department determined that the proposed Project will comply with all
applicable state and federal air pollution regulations. This determination is based on a technical review of the complete air construction permit application, reasonable assurances provided by SECI, and the conditions specified in the Draft Air Construction Permit. Following notice of the Draft Permit, no requests for administrative hearings or comments were received from the public. (PAR, pp. 1, 15).
Cooling Water Intake and Discharge Considerations
The condenser cooling system for the proposed combined cycle units will consist of one 16-cell, closed-cycle, mechanical draft cooling tower for heat dissipation. Evaporative cooling towers operate by using the latent heat of water evaporation to cool re-circulating water. The facility also uses the waste heat from the combustion process to generate steam and electricity . Use of closed cycle cooling and combined cycle generation will greatly reduce facility cooling water demand relative to an open-cycle facility of the same electrical output. (SCA, p. 6-1; PAR, p. 11).
The SCCF will use the existing SGS intake structure. SECI designed the existing intake structure with multiple safeguards to minimize likelihood of impingement and entrainment. These measures are generally more stringent than the requirements of the 316(b) rule for both existing and new facilities. The potential impingement and entrainment impacts of cooling water withdrawals are expected to be minimal. (SCA, pp. 6-4 to 6-5; PAR, p. 9).
Blowdown from the proposed SCCF cooling tower will be combined with blowdown from the remaining SGS unit's natural draft cooling tower and discharged to the St. Johns River. The mixing zones for all SGS remaining unit and SCCF constituents will be significantly smaller than the currently permitted sizes. Impacts to aquatic biota will be limited due to the location of the discharge in deeper water, outside of vegetation beds, in a location
separate from the influence of the intake, and outside the deeper navigational channel. (SCA pp. 6-1, 6-5 to 6-6; PAR, p. 16).
Wastewater
Low-volume industrial wastewaters generated by the SCCF will include service water systems and floor drains; blowdown from the HRSGs and evaporative coolers; raw water treatment filter backwash; treated sanitary wastewater; and other residual waters from the demineralized water treatment systems. Blowdown from the HRSGs and evaporative coolers will be reused to supplement makeup water to the cooling tower. Other low-volume wastewaters will be routed to the onsite wastewater collection sump. Wastewaters from floor and equipment drains throughout the plant, which may be exposed to oily products, will be collected and treated through an oil/water separator prior to being routed to the collection sump. The wastewaters will be treated, as appropriate, combined with the cooling tower blowdown, and discharged along with the remaining SGS unit wastewaters and cooling tower blowdown to .the St. Johns River through the existing discharge structure. Effluent from the SCCF and the remaining SGS unit is expected to be of similar or better quality in comparison to effluent of the existing SGS units. (SCA, p. 6-10). Project discharges will be regulated under a separate National Pollutant Discharge Elimination System (NPDES) permit and are not expected to have adverse effects on water quality and the environment. (SCA, pp. 6-9 to 6-1O; PAR, p. 16).
Because no regional sanitary wastewater system is available in the area of the
SGS site, sanitary wastewaters generated by employees and visitors during operations will be disposed through an onsite package treatment plant. No adverse impacts are expected due to sanitary wastewater disposal during the Project operations. (SCA, p. 6-34; PAR p. 16).
Stormwater Management
The proposed Project includes an onsite storm.water management system designed in accordance with all applicable nonprocedural requirements, including Part IV of Chapter 373, Florida Statutes, and Chapter 62-330, Florida Administrative Code. Stormwater runoff from the construction laydown and parking areas will be collected and treated in retention ponds which will be developed early in the construction period, and best management practices (BMPs) will be used to minimize erosion from the disturbed areas during construction activities. Temporary sumps and lift stations will be used during this phase to manage storm.water until the permanent stormwater system is established. During operation, contact storm.water runoff from the power block and equipment areas will be collected and treated through a new oil/water separator, where it will then be routed to a new SCCF wastewater collection sump prior to discharge to the St. Johns River. Noncontact stormwater runoff from the facility area will be collected and directed to a storm.water retention pond. The storm.water management system for SCCF is designed to handle and treat the 25-year, 24-hour storm event and drawdown of the design storm volume within 72 hours. (SCA, pp. 4-4, 4-37 to 4-38, 5-6; PAR, p. 12).
Wetland Impacts
The SCCF site layout was designed to avoid and minimize impacts to wetland communities. Given the distribution of onsite wetland communities, it was possible to entirely avoid wetland impacts. There are no wetlands on the approximately 55-acre total area to be disturbed by the proposed SCCF. Therefore, 100 percent of the onsite wetlands will remain intact, and all wetland communities will be preserved. Secondary impacts to preserved wetland communities will be prevented by maintaining an average 25-foot buffer surrounding the wetlands, where no construction activities will occur. (SCA, pp. 4-5, 5-11; PAR p. 25).
Solid Waste & Hazardous Substances
Solid waste generated during construction activities will be disposed of in accordance with applicable federal, state, and local regulations. Solid waste will be placed for appropriate disposal in appropriate waste collection containers located around the construction areas and then transported offsite for disposal at the existing Putnam County landfill or another appropriately permitted facility. Cleared vegetation will be disposed of offsite at an appropriately permitted facility or burned onsite in accordance with applicable federal, state, and local requirements. Individual contractors/subcontractors may generate hazardous waste while performing work and will be responsible for storage, recordkeeping, and management of hazardous waste for final offsite disposition at an approved permitted hazardous waste management facility in accordance with all applicable requirements. (SCA, pp. 5-3, 5-13 to 5-14; PAR, pp. 16-17).
Non-hazardous and potentially hazardous wastes generated as part of the operation of the SCCF will be managed in accordance with applicable federal, state, and local regulations. Project CTGs will be fired on clean natural gas, which does not produce solid wastes. Project operations will not require permanent onsite solid waste management units/disposal areas. Seminole Electric will dispose any solid or hazardous wastes generated by the Project at an offsite permitted solid waste or hazardous waste management facility. (SCA, p. 4-36; PAR, pp. 16-17).
Socioeconomic Impacts
Construction and operation of the Project will provide considerable benefits to the economy of Putnam County and the State of Florida in terms of employment and revenues during construction and operation. Direct benefits from construction will include employment
and payroll for an average monthly employment of approximately 200 workers, as well as the
purchase of equipment and materials. Approximately $600 million of construction expenditures for materials and services will occur during the Project construction period, with approximately
$30 million to be spent in the regional area, including Putnam County. (SCA, p. 7-1; PAR, pp. 20, 25).
Direct operational benefits from the Project include tax revenues, employment for approximately 30 employees, and operational and maintenance expenditures. Annual expenditures for materials and services during operation will be approximately $11 million. Many of these expenditures for items such as equipment and supplies and/or local contractors and vendor services will occur regionally. (SCA, p. 7-2; PAR, p. 20).
Project construction activities will require skilled labor. It is anticipated that 30 to 40 percent of the peak construction wages paid by the Project will be spent within Putnam County and the surrounding region, thereby creating a need for goods and services. This is expected to create a multiplier effect within the area, generating additional jobs and earnings. The wages paid for permanent operation employees are likewise expected to have a multiplier effect. (SCA, p. 7-2; PAR, p. 20).
With the SCCF in operation, the anticipated direct and indirect economic output is expected to average $3.6 million annually, with the total direct and indirect economic output during the operational life of the Project expected to be approximately $108 million plus property taxes. (SCA, p. 7-2; PAR, p. 26).
SCCF operation is not expected to have long-term, negative effects on local services or facilities. While SCCF will rely on local police and fire protection, the Project will be equipped with its own fire protection and other safety-related systems, and the site will continue to be secured with controlled, fenced access. As with existing SGS generation, potable
water and sanitary sewer services for SCCF will be provided onsite, since SCCF is not located in
the Putnam County existing service area. Trips generated by operation of the Project will result in minimal transportation impacts to the local roadways and will not degrade the Level of Service of US 17 or CR 209. Ad valorem taxes paid to Putnam County will expectedly outweigh costs associated with SCCF operation. (SCA, p. 7-7; PAR, pp. 16, 19-20, 25-26).
St. Johns River Water Management District (SJRWMD)
Water Usage
The SCCF will use St. Johns River water for cooling, and groundwater for plant service and potable water uses. Surface water withdrawn from the St. Johns River will be used for condenser cooling purposes. The existing SGS units have a currently approved maximum annual surface water withdrawal allocation of 43.24 million gallons per day (MGD). SECI requested to maintain the current surface water allocation in the SCA. After discussion with SJRWMD staff, SECI calculated its surface water demand based on a maximum continuous load for the remaining SGS unit and the SCCF of 13.64 MGD and 8.26 MGD, respectively, for a total of 21.9 MGD. Once the SCCF is operational and one of the coal units has been removed from service, sitewide surface water use requirements will be reduced by 21.34 MGD which is a 49.3% reduction. (SCA, p. 6-12; PAR, pp. 16, 23, App. 11-2).
Plant potable and process water will continue to be supplied to the remaining SGS unit by groundwater using existing Upper Floridan aquifer production wells. The maximum annual withdrawal rate currently authorized for the existing SGS units is 0.55 MGD. The remaining SGS unit average annual flow rate is 0.31 MGD. The SCCF will also use water from the Upper Floridan aquifer for HRSG steam cycle makeup water and other general plant uses/SCCF service water. Groundwater will also be used for potable water. Groundwater will be supplied by two new wells for SCCF service water and one for potable water, delivering a
total projected average annual flow rate of 0.307 MGD. The combined SCCF and remaining
SGS unit project average annual flow rate is 0.62 MGD, an increase of 0.07 MGD. (SCA, p. 6- 14; PAR, p. 16, App. II-2).
During construction, temporary, and localized dewatering activities will occur at various locations on the site for installation of facilities with deeper foundations. In general, the temporary dewatering activities will be accomplished through standard construction dewatering techniques. Water withdrawn during the dewatering operations will be routed to the stormwater retention ponds. These temporary dewatering activities are not expected to adversely impact offsite surface water or groundwater resources. Dewatering activities will be conducted in accordance with applicable requirements. (SCA p. 5-4).·
In its April 11, 2018, agency report, the SJRWMD recommended approval of the certification of the Project, subject to compliance with the recommended Conditions of Certification incorporated into DEP's PAR. (PAR, p. 23 and App. II-2).
Florida Department of Transportation(FDOT)
Traffic
During construction of the SCCF, construction labor force and delivery traffic will use the existing roadway system near the SGS Site, i.e., US 17 and CR 209 (West River Road). During the construction period, 90 percent of workers and all large trucks will access the site using the existing main entrance road from US 17. Construction management workers (10 percent) may use the southern site access road from West River Road. Operational employees will use the West River Road access (SCA pp. 5-4 to 5-5; PAR, p. 19)..
The Project Traffic Impact Analysis (TIA) concludes that all roadway segments will operate at acceptable levels of service during construction and operation of the SCCF. The intersection of West River Road and the south access to the SGS site is also projected to meet
acceptable level of service conditions during construction and operation. During construction,
the north access from US 17 westbound approach will experience delays during the PM peak hour and during the AM and PM peak hours during outages associated with the existing SGS units. The TIA recommends, and SECI proposes, a police officer directing traffic during these times as well as signage along US 17 to alert drivers to conditions ahead. Similarly, during operation, the north access intersection will experience delay during the PM peak hour during outages. The TIA recommends, and SECI proposes, a police officer directing traffic during these times as well as signage along US 17 to alert drivers to conditions ahead until the number of existing westbound left tum vehicles is reduced by 65. With these mitigative measures, the TIA concludes that construction and operation-related traffic will not cause adverse impacts to roadways and intersections. (SCA, pp. 5-15 to 5-18, 6-46 to 6-48; PAR, p. 20).
In its May 2, 2018, agency report, FDOT recommended approval of the certification of the Project, subject to compliance with the recommended Conditions of Certification incorporated into DEP's PAR. (PAR, p. 24 and App. 11-4).
Agency Reports & Proposed Conditions of Certification
Putnam County, FDOT, the Florida Wildlife Conservation Commission, SJRWMD, the Department of Economic Opportunity, and the Florida Division of Historical Resources submitted Agency Reports, pursuant to Section 403.507(2)(a)2, Florida Statutes. Each of these agencies recommended approval subject to recommended conditions of certification or did not object to certification. (PAR, pp. 26-27).
As noted above, on June 1, 2018, the Department issued its written PAR, pursuant to Section 403.507, Florida Statutes. The PAR contains a compiled set of proposed Conditions of Certification for the Project, including Conditions recommended by the reviewing agencies.
In its PAR, the Department recommended approval of the SCCF provided that SEC! complies
with the proposed Conditions of Certification in DEP's PAR. (PAR, p. 27). A final set of Conditions is attached as Exhibit A hereto.
SECI agrees to the proposed Conditions of Certification included in Exhibit A
hereto.
CONCLUSIONS OF LAW
SECI and the Department have standing to participate in this proceeding.
. This proceeding was conducted in accordance with the Florida Electrical Power Plant Siting Act, Part II of Chapter 403, Florida Statutes.
The ALJ has the authority to cancel the scheduled site certification hearing upon stipulation by all parties to the proceeding that there are "no disputed issues of fact or law to be raised at the certification hearing." See§ 403.508(6)(a), Fla. Stat. (2018).
In accordance with Section 403.508(6), Florida Statutes, the ALJ granted the parties' request to cancel the certification hearing and relinquish jurisdiction to the Department. Accordingly, the Department has jurisdiction to enter this Final Order. See § 403.509(1), Fla. Stat. (2018).
In accordance with Section 403.5115, Florida Statutes, and Chapter 62-17, Florida Administrative Code, proper notice has been provided to all persons, entities, and parties entitled to such notice, including the general public. No third party intervened by the deadline for such intervention.
Putnam County has determined that the Project will be consistent with its local government comprehensive plans and land development regulations in accordance with Section 403.509(3)(c), Florida Statutes, subject to the Conditions of Certification attached hereto as Exhibit A. The County's determination has not been disputed in accordance with Section
403.50665(4), Florida Statutes.
All necessary and required state, regional, and local governmental agencies participated in the certification process.
The PSC detennined the need for the electric power to be supplied by Seminole Electric as required by Section 403.519, Florida Statutes. The PSC is the sole forum for the determination of the need for the Project pursuant to Section 403.519, Florida Statutes.
The Project is eligible for issuance of a final certification order (subject to the attached Cond,itions of Certification), upon consideration and balancing of the criteria in Section 403.509(3) Florida Statutes, based upon the information provided by Seminole Electric in its site certification application, and the information provided by DEP in its PAR.
Under Section 403.509(3)(a), Florida Statutes, Seminole Electric has provided reasonable assurances that operational safeguards for the Project are technically sufficient for the public welfare and protection, provided Seminole Electric implements and complies with the attached Conditions of Certification.
As required by Section 403.509(3)(b), Florida Statutes, the Department has concluded that Florida Electric complies with applicable nonprocedural requirements of agencies, provided Florida Electric implements and complies with the attached Conditions of Certification. The Department's analysis concludes that the Project is not reasonably projected to cause or contribute to a violation of ambient air quality standards or water quality standards. No variances are proposed from any nonprocedural requirements of agencies for the Project.
Under Section 403.509(3)(e), Florida Statutes, certification of the Project in accordance with the attached Conditions of Certification effects a reasonable balance between the need for the facility, as determined by the PSC, and the minimal impacts on air and water quality, fish and wildlife, water resources and other natural resources of the State that would
result from the construction and operation of the Project.
Seminole Electric will minimize the adverse effects on human health, the environment and the ecology of land and its wildlife and the ecology of state waters and its aquatic life, as required by Section 403.509(3)(f), Florida Statutes, by using a site previously used for electric generation and maximizing use of existing infrastructure. Compliance with DEP's nonprocedural standards at the Project site will minimize and avoid adverse effects on human health and the environment.
Based upon the foregoing considerations, the Department concludes that the Project will serve and protect the broad interests of the public, provided Seminole Electric implements and complies with the attached Conditions of Certification.
CONCLUSION
Having reviewed the matters of record and being otherwise duly advised, the Department concludes that, if constructed and operated in accordance with the evidence presented in the record and the attached Conditions of Certification,3 the Project will serve and protect the broad interest of the public and should be approved.
3 In accordance with the parties' joint stipulation, DEP revised the proposed Conditions of Certification. The final Conditions of Certification are attached to this Final Order as Exhibit A.
It is therefore ORDERED that:
Site certification of Seminole Electric's Combined-Cycle Facility Project in Putnam County, as described in the Site Certification Application and the record as a whole, is hereby APPROVED.
The Project is subject to and Seminole Electric shall comply with the Conditions of Certification that are attached as Exhibit A and incorporated by reference herein.
DONE AND ORDERED this J f)-:n day of July, 2018, in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOAH VALEVsriIN
Secretary
Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
FILED ON THIS DATE PURSUANT TO§ 120.52, FLORIDA STATUTES, WITH THE DESIGNATED DEPARTMENT CLERK, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing Final Order has been sent by electronic mail to:
Brooke E. Lewis, Esquire
Hopping Green & Sams P.A. 119 S. Monroe St., Suite 300
Tallahassee, FL 32301 lewisb(lL!h gslaw.com
and by hand deliver to:
Cynthia Mulkey
Department of Environmental Protection Office of Siting Coordination
2600 Blairstone Rd., M.S. 48
Tallahassee, FL 32399-2600 and
Kelly Corbari, Esquire Michael Weiss, Esquire
Department of Environmental Protection 3900 Commonwealth, Blvd., M.S. 35
Tallahassee, FL 32399-3000
this _.,",:L-,-·t'\ ._...-- _ day of July, 2018.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
SdTAbCE.YcD. L.E&Y --
Administrative Law Counsel
3900 Commonwealth Blvd., M.S. 35
Tallahassee, FL 32399-3000 Telephone 850/245-2242
STATE OF FLORIDA DEPARTMENT
OF
ENVIRONMENTAL PROTECTION
Seminole Electric Cooperative, Inc.
Seminole Generating Station Units 1 and 2 and
Seminole Combined-Cycle Facility
PA78-10A3
EXHIBIT A
Table of Contents
SECTION A: GENERAL CONDITIONS (applicable to the SGS Units 1 and 2 and SCCF) 1
AGENCY ADDRESSES FOR POST-CERTIFICATION SUBMITTALS AND NOTICES 15
Out of Service and Closure Requirements 27
SECTION B. SPECIFIC CONDITIONS 28
ATTACHMENTS
Attachment A Certified Site/Areas/Facilities Delineation Map(s)
Attachment B Surface Water Management System Plan(s)
Attachment C Mitigation Plan(s)
Attachment D Groundwater Monitoring Requirement(s)
D-1… Solid Waste
D-2… Industrial Wastewater Ground
Water Management Plan
Attachment E Seminole Generating Station Landfill Operation Plan
FIGURES
Figure 1. FGD/Sludge Landfill Limits
Figure 2. Routine Solid Waste Test sites (in Attachment D-1)
Figure 3. Industrial Wastewater Monitor Well Locations (in Attachment D-2)
SECTION A: GENERAL CONDITIONS (applicable to the SGS Units 1 and 2 and SCCF)
Pursuant to the Florida Electrical Power Plant Siting Act (PPSA), Sections 403.501-518, Florida Statutes (F.S.), and Chapter 62-17, Florida Administrative Code (F.A.C.), this certification is issued to Seminole Electric Cooperative, Inc., (SECI) as owner/operator and Licensee of Seminole Generating Station Units 1-2 (SGS) and Seminole Combined-Cycle Facility (SCCF). Subject to the requirements contained in these Conditions of Certification (Conditions or COCs), SECI is authorized to operate the following:
SGS: a nominal 1,472-megawatt (MW), coal-fired facility consisting of Units 1 and 2 (winter net of 650 MW each), and associated facilities as described in the site certification application (SCA).
SCCF: 2 on 1 combined-cycle unit including two combustion turbine generators (CTGs), two heat recovery steam generators (HRSGs), one steam turbine generator (STG) and ancillary equipment, with a combined net nominal generating capacity of 1,050 MW and directly associated on-site facilities.
All electric generating units discussed in the submitted SCAs, the final order of certification, these Conditions, post-certification submittals, or post-certification amendments or modifications, are located at 890 North Highway 17, in Palatka, Putnam County, Florida on the 1,996-acre property owned by SECI. The UTM coordinates are: Zone 17; 3289200 km East; 438800 km North; and the latitude/longitude coordinates are: 29°44’ North/81°38’ West.
The Department does not intend, solely by the incorporation of these General Conditions, to require the retrofitting of existing Certified Facilities.
The Certified Facility includes but is not limited to the following major associated facilities;
SGS Units 1 and 2
Associated Off-Site 230 kilovolt (kV) Transmission Lines: SGS to Silver Springs
SGS to Rice
SGS to Riverview
On-Site Substations and Transmission Facilities 695’ Exhaust Stack
River Water Pump House and Discharge Structure Draft Cooling Towers
Waste Treatment and Handling Facilities
Wastewater Treatment Facilities to include Associated Septic Systems Water Treatment and Storage
Potable Water Treatment Facilities Associated Process Water Ponds
Associated Industrial Wastewater Treatment Ponds Associated Stormwater Ponds and Ditches
Solid Waste Disposal Areas
Original Landfill including Lined Vertical Expansion
Increment One Landfill Increment Two Landfill Fire Water Pump House Fuel Tanks:
1,000-gallon UST
4,000-gallon Coal Yard AST 2,000-gallon AST EPF
2 x 150,000-gallon AST Ignition Fuel Tanks 500-gallon AST Fire Pump House
Coal Delivery and Storage Facilities Rail Car Maintenance Facility
On-Site Rail Lines Coal Pile Limestone Pile
Soil Borrow Facilities
Urea Plant and Associated Equipment
Associated Warehouses and Equipment Storage Yards Pavilion Recreation Area
Other Miscellaneous Facilities
SCCF
Electrical Equipment Enclosures Mechanical Draft Cooling Tower Exhaust Stacks
Fuel Gas Regulation Station and Heaters Diesel Fired Emergency Fire Water Pump Service/Fire Water Storage Tank Aqueous Ammonia Tanks
Switchyard – Expansion
Potable Water Treatment Facilities Sanitary Wastewater Treatment Facilities Stormwater Management System Administration Building:
Control Room Maintenance Area Warehouse Parking
These Conditions, unless specifically amended or modified, are binding upon the Licensee and shall apply to the construction, operation, and maintenance of the Certified Facility. If a conflict should occur between the design criteria of this Certified Facility and the Conditions, the Conditions shall prevail unless amended or modified. In any conflict between any of these Conditions, the more specific condition governs.
Within 60 days after completion of construction of the electrical power plant as defined by 403.503(14), F.S., but excluding off-site linear and non-linear associated facilities, the Licensee shall provide to the Department in pdf format: a survey map signed by a professional
land surveyor, or acceptable equivalent documentation such as an official legal description, delineating the boundaries of the site as defined by Section 403.503(28), F.S., and an aerial photograph delineating the boundaries of the site. The survey map and aerial photograph shall be identified as the Site Delineation and attached hereto as part of Attachment A (Maps).
The Licensee shall notify the Department of any change to the site boundary depicted in the Site Delineation in Attachment A (Maps). The notification shall be accompanied by an updated land survey map (or legal description) and aerial photograph delineating the new boundaries of the site for review by the Department. Absent the above description/delineation of the site, the Department will consider the perimeter fence line of the property on which the electrical power plant's generating facility and on-site support facilities are located to be the boundaries of the site.
If both certified and uncertified Facilities lie within the boundaries of the site, the Licensee shall also comply with the requirements of this paragraph. Within 60 days after completion of construction of the plant, but excluding off-site linear and non-linear associated facilities, the Licensee shall provide to the Department in .pdf format acceptable documentation identifying the certified facilities within the site such as an aerial photograph identifying these areas. Certified facilities identified within the site shall include both the certified electrical power plant’s generating facilities as defined in Section 403.503(28), F.S., and its on-site certified associated facilities (including on-site linear facilities) as defined by Section 403.503(7), F.S. The document shall be known as the Certified Facilities Identification of the Site and attached hereto as part of Attachment A (Maps).
Within 120 days after completion of construction of any new off-site associated non-linear facilities, the Licensee shall provide to the Department in .pdf format; a survey map signed by a professional land surveyor, or acceptable equivalent documentation such as an official legal description, delineating the boundaries of the certified areas for each off-site non- linear Certified Facility; and an aerial photograph delineating the boundaries of the certified area for each off-site non-linear certified Facility. The survey map(s) and aerial photograph(s) shall be known as Delineation of the Certified Areas of the Off-site Non-linear Facilities and attached hereto as part of Attachment A (Maps).
Within 180 days after completion of construction of any new off-site associated linear facilities, as defined by Section 403.503(7), F.S., the Licensee shall provide; an aerial photograph(s)/map(s) at a scale of at least 1:400, or acceptable equivalent documentation such as an official legal description or survey map(s) signed by a professional land surveyor, delineating the boundaries of the certified area for the linear facilities, following acquisition of all necessary property interests and the corridor narrowing as described in Section 403.503(11), F.S., which shall be known as the Delineation of Certified Off-Site Linear Facilities and attached as part of Attachment A (Maps).
Following any post-certification approvals that require a change to the boundaries of the certified area(s) depicted in the Delineation of Certified Off-Site Linear Facilities in Attachment A (Maps), the Licensee shall submit an updated aerial photograph/map, survey map or legal description.
[Sections 403.511, 403.5113, F.S.; subsections 62-4.160(1-2) and 62-17.205(2), F.A.C.]
The construction, operation, and maintenance of the Certified Facility shall be in accordance with all applicable non-procedural provisions of the F.S., and F.A.C., including, but not limited to, the applicable non-procedural portions of the following Department regulations, except to the extent a variance, exception, exemption, or other relief is granted in the final order of certification or in a subsequent modification to the Conditions, under any federal permit, or as otherwise provided under Chapter 403. Should any of these regulations or portions thereof be repealed or otherwise eliminated, they will not be considered applicable:
Florida Administrative Code:
18-2 (Management of Uplands Vested in the Board of Trustees) 18-14 (Administrative Fines for Damaging State Lands)
(Aquatic Preserves)
(Sovereign Submerged Lands Management) 62-4 (Permits)
62-17 (Electrical Power Plant Siting)
62-40 (Water Resource Implementation Rule)
62-150 (Hazardous Substance Release Notification) 62-160 (Quality Assurance)
62-204 (Air Pollution Control-General Provisions) 62-210 (Stationary Sources-General Requirements) 62-212 (Stationary Sources-Preconstruction Review)
(Operation Permits for Major Sources of Air Pollution)
(Requirements for Sources Subject to the Federal Acid Rain Program) 62-256 (Open Burning)
62-296 (Stationary Sources-Emission Standards) 62-297 (Stationary Sources-Emission Monitoring) 62-302 (Surface Water Quality Standards)
62-303 (Identification of Impaired Surface Waters) 62-304 (Total Maximum Daily Loads)
62-330 (Environmental Resource Permitting)
62-340 (Delineation of the Landward Extent of Wetlands and Surface Waters) 62-342 (Mitigation Banks)
62-345 (Uniform Mitigation Assessment Method)
62-520 (Groundwater Classes, Standards, and Exemptions) 62-528 (Underground Injection Control)
62-531 (Water Well Contractor Licensing Requirements)
62-532 (Water Well Permitting and Construction Requirements) 62-550 (Drinking Water Standards, Monitoring, and Reporting)
62-555 (Permitting, Construction, Operation, and Maintenance of Public Water Systems)
62-560 (Requirements for Public Water Systems That Are Out of Compliance) 62-600 (Domestic Wastewater Facilities)
62-601 (Domestic Wastewater Treatment Plant Monitoring) 62-604 (Collection Systems and Transmission Facilities)
62-610 (Reuse of Reclaimed Water and Land Application) 62-620 (Wastewater Facility and Activities Permitting)
62-621 (Generic Permits)
62-650 (Water Quality Based Effluent Limitations) 62-660 (Industrial Wastewater Facilities)
62-699 (Classification and Staffing of Water or Domestic Wastewater Treatment Plants and Water Distribution Systems)
62-701 (Solid Waste Management Facilities) 62-710 (Used Oil Management)
62-713 (Soil Treatment Facilities) 62-730 (Hazardous Waste)
62-737 (Management of Spent Mercury-Containing Lamps and Devices Destined For Recycling)
62-740 (Petroleum Contact Water)
62-761 (Underground Storage Tank Systems) 62-762 (Aboveground Storage Tank Systems)
62-769 (Florida Petroleum Liability and Restoration Insurance Program) 62-777 (Contaminant Cleanup Target Levels)
62-780 (Contaminated Site Clean-Up Criteria) 62-814 (Electric and Magnetic Fields)
REVISIONS TO DEPARTMENT STATUTES AND RULES
The Licensee shall comply with rules adopted by the Department subsequent to the issuance of the certification under the PPSA which prescribe new or stricter criteria, to the extent that the rules are applicable to electrical power plants. Except when express variances, exceptions, exemptions, or other relief have been granted, subsequently adopted Department rules which prescribe new or stricter criteria shall operate as automatic modifications to the certification.
Upon written notification to the Department, the Licensee may choose to operate the certified electrical power plant in compliance with any rule subsequently adopted by the Department which prescribes criteria more lenient than the criteria required by the terms and conditions in the certification which are not site-specific.
[Section 403.511(5)(a) and (b), F.S.; subsection 62-4.160(10), F.A.C.]
Unless otherwise indicated herein, the meaning of terms used herein shall be governed by the applicable definitions contained in Chapters 253, 373, 379, and 403, F.S., and any regulation adopted pursuant thereto. In the event of any dispute over the meaning of a term used in these Conditions which is not defined in such statutes or regulations, such dispute shall be resolved by reference to the most relevant definitions contained in any other state or federal statute or regulation or, in the alternative by the use of the commonly accepted meaning. As used herein, the following shall apply:
“Application” or “SCA” as defined in Section 403.503(6), F.S. For purposes of this license, “Application” shall also include materials submitted for post-certification amendments and petitions for modification to the Conditions of Certification, as well as supplemental applications.
“Associated Facilities” as defined by Section 403.503(7), F.S.
“Certified Area” means the area within the site in which the Certified Facilities are located. For off-site non-linear associated facilities, this shall mean the area within which the certified off-site associated facility is located. For off-site linear facilities, this term shall mean the area encompassed by the boundaries of the certified corridors, until such time as all property interests required for ROWs haven been acquired, after which time the term will include only the area within the final ROWs in accordance with Section 403.503(11), F.S.
“Certified Facility” or “Certified Facilities” means the certified electrical power generation facilities and all on- or off-site associated structures and facilities identified/described in the Application, in the final order of certification, or in a post-certification amendment or modification.
“DEO” means the Florida Department of Economic Opportunity.
“DEM” shall mean the Florida Division of Emergency Management.
“DEP” or “Department” means the Florida Department of Environmental
Protection. Resources.
“DHR” means the Florida Department of State, Division of Historical
“DOT” means the Florida Department of Transportation.
“Emergency conditions” or “Emergency reporting” means urgent circumstances
involving potential adverse consequences to human life or property as a result of weather conditions or other calamity.
“Feasible” or “practicable” means reasonably achievable considering a balance of land use impacts, environmental impacts, engineering constraints, and costs.
“FWC” means the Florida Fish and Wildlife Conservation Commission.
“Licensee” means an applicant that has obtained a certification order for the subject project.
“NPDES permit” means a federal National Pollutant Discharge Elimination System permit issued by DEP in accordance with the federal Clean Water Act.
“Post-certification submittal” shall mean a submittal made by the Licensee pursuant to a Condition of Certification.
“PSD permit” means a federal Prevention of Significant Deterioration air emissions permit issued by DEP in accordance with the federal Clean Air Act.
“ROW” means the right-of-way to be selected by the Licensee within the certified corridor in accordance with the Conditions of Certification and as defined in Section 403.503(27), F.S.
“Site” as defined in Section 403.503(28), F.S.
“State Water Quality Standards” shall mean the numerical and narrative criteria applied to specific water uses or classifications set forth in Chapters 62-302 and 62-520, F.A.C.
“Surface Water Management System” means a stormwater management system, dam, impoundment, reservoir, appurtenant work, or works, or any combination thereof. The terms “surface water management system” include areas of dredging or filling, as those terms are defined in Sections 373.403(13) and (14), F.S.
“NED, NWD, CD, SED, SWD, SD” shall mean the applicable DEP district office.
“NWFWMD, SRWMD, SJRWMD, SWFWMD, or SFWMD” means the Northwest Florida, Suwannee River, St. Johns River, Southwest Florida, or South Florida Water Management District, respectively.
“Title V permit” means a federal permit issued by DEP in accordance with Title V provisions of the federal Clean Air Act.
“Wetlands” shall mean those areas meeting the definition set forth in Section 373.019(27), F.S., as delineated pursuant to Chapter 62-340, F.A.C.
DEPARTMENT PERMITS UNDER FEDERAL PROGRAMS
This certification is not a waiver of any other Department approval that may be required under federally delegated or approved programs. The provisions of the following federal permits shall be conditions of this certification to the extent the provisions of those permits apply to the Certified Facility(ies). The Licensee shall comply with the applicable provisions and limitations set forth in the permits listed below, and as those provisions may be modified, amended, or renewed in the future by the Department. The Department may consider a violation of any of these permits as a violation of this license.
All Air Construction Permits and Title V Air Operation Permits in force for the Certified Facilities are incorporated by reference herein as part of these Conditions. The Air Construction Permits and Title V Air Operation Permits can be found at the following site, using the facility ID number 1070025: https://fldep.dep.state.fl.us/air/emission/apds/default.asp.
[Chapters 62-4, 62-204, 62-210, 62-212, 62-213, 62-214, 62-296, and 62-297,
F.A.C.]
National Pollutant Discharge Elimination System (NPDES) Industrial
Wastewater
All NPDES Permits in force for the Certified Facilities are incorporated by
reference herein as part of these Conditions. The NPDES Permit(s) can be found at using the facility ID number FL0036498: http://prodenv.dep.state.fl.us/DepNexus/public/searchPortal.
[Chapter 62-620, F.A.C.]
NPDES Generic Permit for Stormwater Discharge from Large and Small Construction Activities (CGP)
Any stormwater discharges associated with construction activities for a certified facility shall be in accordance with all applicable provisions of Chapter 62-621, F.A.C. Prior to commencing construction activities on the site that:
contribute to stormwater discharges to surface waters of the State or into a municipal separate storm sewer system (MS4); and,
disturb one or more acres of land (less than one acre if the activity is part of a larger common plan of development);
a Generic Permit for Stormwater Discharge from Large and Small Construction Activities must be obtained as applicable.
[Section 403.0885, F.S.; Rule 62-621.300, F.A.C.]
NPDES Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity
Any stormwater discharges associated with industrial activity of a certified facility shall be in accordance with all applicable provisions of Chapter 62-621, F.A.C. For industrial activities at the site that result in a discharge of stormwater to surface waters of the State or into a municipal separate storm sewer system, and fall under any one of the 11 categories of industrial activities identified in 40 CFR § 122.26(b)(14), a Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity shall be obtained as applicable.
[Section 403.0885, F.S.; Rule 62-621.300, F.A.C.]
NPDES Generic Permits for Discharge from Petroleum Contaminated Sites If the activity involves a point source discharge of ground water from a
petroleum contaminated site, the Licensee must obtain coverage under the Generic Permit for discharge from petroleum contaminated sites. Before discharge of ground water can occur from such sites, analytical tests on samples of the proposed untreated discharge water shall be performed as required by Rule 62-621.300, F.A.C., to determine if the activity can be covered by this permit.
If the activity cannot be covered by this generic permit, the Licensee shall apply for an individual wastewater permit at least 90 days prior to the date discharge to surface waters of the State is expected. No discharge to surface water is permissible without an effective permit.
NPDES Generic Permit for Discharge from Ground Water from Dewatering Operations
Any discharge of ground water from dewatering operations shall be in accordance with all applicable provisions of Chapter 62-621, F.A.C. For industrial activities that result in a discharge of groundwater into surface waters of the state, a Generic Permit for Discharge of Ground Water from Dewatering Operations shall be obtained. Dewatering operations seeking coverage under the NPDES Generic Permit for Stormwater Discharges from Large and Small Construction Activities under 62-621.300(4), F.A.C., are not required to obtain separate coverage under this permit.
NPDES Generic Permit for Discharges from Concrete Batch Plants Prior to discharges from concrete batch plants which meet the criteria
specified in DEP Document 62-610.300(3)(a), (excluding Part III when using any new batch plants and excluding Part II when using any existing batch plants) the Licensee must first obtain
coverage under the Generic Permit for Discharges from Concrete Batch Plants. This generic permit also constitutes authorization to construct and operate closed loop recycling vehicle/equipment washing facilities at concrete batch plants. New and existing concrete batch plants which do not qualify for coverage or do not choose to be covered under this generic permit shall apply for an individual wastewater permit on the appropriate form listed in Rule 62- 620.910, F.A.C. and in the manner established in Chapter 62-620, F.A.C. DEP Document number 62-6210.300(3)(a) contains specific design and operating requirements for discharges from wastewater and stormwater management systems at concrete batch plants.
[Section 403.0885, F.S.; Rule 62-612.300, F.A.C.]
DESIGN AND PERFORMANCE CRITERIA
Certification, including these Conditions, is predicated upon preliminary designs, concepts, and performance criteria described in the SCA or in testimony and exhibits in support of certification. Final engineering design will be consistent and in substantial compliance with the preliminary information described in the SCA or as explained at the certification hearing (if any). Conformance to those criteria, unless specifically modified in accordance with Sections 403.516, F.S., and Rule 62-17.211, F.A.C., is binding upon the Licensee in the design, construction, operation and maintenance of the Certified Facility.
[Sections 403.511 (2)(a), 403.516, F.S.; Rules 62-4.160(2) and 62-17.211, F.A.C.]
If, for any reason, the Licensee does not comply with or will be unable to comply with any condition or limitation specified in this license, the Licensee shall immediately provide the NED with the following information:
A description of and cause of noncompliance; and
The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. The Licensee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this certification.
To the extent feasible and unless otherwise required, all notifications which are made in writing shall additionally be immediately provided to the Siting Coordination Office (SCO) via email to SCO@dep.state.fl.us.
[subsection 62-4.160(8), F.A.C.]
The Licensee shall promptly notify the SCO in writing (email acceptable) of any previously submitted information concerning the Certified Facility that is later discovered to be inaccurate.
[subsection 62-4.160(15), F.A.C.]
Within 60 days after certification of an associated linear facility the Licensee shall file a notice of the certified route with the Department’s Office of General Counsel and the clerk of the circuit court for each county through which the corridor will pass.
The notice shall consist of maps or aerial photographs in the scale of 1:24,000 which clearly show the location of the certified route and shall state that the certification of the corridor will result in the acquisition of rights-of-way within the corridor. The Licensee shall certify to the Department and clerk that all lands required for the transmission line rights of way within the corridor have been acquired within such county.”
[Section 403.5112, F.S.]
EMERGENCY CONDITION NOTIFICATION AND RESTORATION
If the Licensee is temporarily unable to comply with any of the conditions of the License due to breakdown of equipment or destruction by hazard of fire, wind or following an emergency as defined by Sections 252.34 (7), (8), or (10), F.S., the Licensee shall immediately notify the Department. Notification shall include pertinent information as to the cause of the problem, and what steps are being taken to correct the problem and to prevent its recurrence, and where applicable, the owner's intent toward reconstruction of destroyed facilities. Such notification does not release the Licensee from any liability for failure to comply with Department rules. Any exceedances and/or violations recorded during emergency conditions shall be reported as such, but the Department acknowledges that it intends to use its enforcement discretion during this timeframe. This acknowledgement by the Department does not constitute a waiver or variance from any requirements of any federal permit. Relief from any federal agency must be separately sought.
[Section 62-4.130, F.A.C.]
Subject to the conditions set forth herein, this certification constitutes the sole license of the state and any agency as to the approval of the location of the site and any associated facility and the construction and operation of any Certified Facilities. The Licensee is not required to obtain building permits for Certified Facilities. However, this certification shall not affect in any way the right of any local government to charge appropriate fees or require that construction of installations used by the electric utility that are not an integral part of a generating plant, substation, or control center (such as, office buildings, warehouses, garages, machine shops, and recreational buildings) be in compliance with applicable building construction codes.
[Section 403.511(4), F.S.]
Prior to open burning in connection with land clearing, the Licensee shall seek authorization from the Florida Forest Service in accordance with the requirements of Chapters 5I-2 and 62-256, F.A.C.
[Chapters 5I-2 and 62-256, F.A.C.]
For areas located in any Florida Department of Transportation (DOT) ROW, Chapter 4.6 of the Florida DOT Utility Accommodation Manual shall serve as guidelines for best
management practices and can be accessed at the following web address: http://www.fdot.gov/programmanagement/utilities/UAM.shtm
Existing Underground Utilities
The Licensee must follow all applicable portions of the Underground Facility Damage Prevention and Safety Act, Chapter 556, F.S. Tickets shall be available for request until the underground work is completed for the affected area.
[Chapter 556, F.S.]
Electric and Magnetic Fields (EMF)
Any associated transmission lines and electrical substations shall comply with the applicable requirements of Chapter 62-814, F.A.C.
[Chapter 62-814, F.A.C.]
Any existing wells to be impacted in the path of construction of Certified Facilities that will no longer be used shall be abandoned by a licensed well contractor. All abandoned wells shall be filled and sealed in accordance with subsection 62-532.500(5), F.A.C., or with the rules of the authorizing agency, or consistent with these Conditions.
[subsections 62-532.400 and 62-532.500(5), F.A.C.]
Abandonment of Existing Septic Tanks
Any existing septic tanks to be impacted by construction of certified facilities and that will no longer be used shall be abandoned in accordance with Rule 64E-6.011, F.A.C., unless these Conditions provide otherwise.
[Chapter 64E-6, F.A.C.]
Upon presentation of credentials or other documents as may be required by law, the Licensee shall allow authorized representatives of the Department or other agencies with jurisdiction over a portion of the Certified Facility and any authorized off-site mitigation/compensation or otherwise associated areas:
At reasonable times, to enter upon the Certified Facility in order to monitor activities within their respective jurisdictions for purposes of assessing compliance with this certification; or
During business hours, to enter the Licensee’s premises in which records are required to be kept under this certification; and to have access to and copy any records required to be kept under this certification.
When requested by the Department, on its own behalf or on behalf of another agency with regulatory jurisdiction, the Licensee shall within 10 working days, or such longer period as may be mutually agreed upon by the Department and the Licensee, furnish any information required by law, which is needed to determine compliance with the certification.
[paragraph 62-4.160(7)(a) and subsection 62-4.160(15), F.A.C.]
If a situation arises in which mutual agreement between either the Department and the Licensee, or, the Department and an agency with substantive regulatory jurisdiction over a matter cannot be reached, the Department can act as a facilitator in an attempt to resolve the issue. If the dispute is not resolved in this initial informal meeting, Licensee may request a second informal meeting in which both Licensee and the agency with substantive regulatory jurisdiction over the matter at issue can participate in an attempt to resolve the issue. If, after such meetings, a mutual agreement cannot be reached between the parties, then the matter shall be referred to the Division of Administrative Hearings (DOAH) for disposition, in accordance with the provisions of Chapter 120, F.S. The Licensee or the Department may request DOAH to establish an expedited schedule for the processing of such a dispute. Any filing with DOAH shall state with particularity the specific project and geographic location to which the dispute relates. Work unrelated to the specific project, and in areas other than the location to which the dispute relates, will not be affected by the dispute.
If written objections are filed regarding a modification, and the objections address only a portion of a requested modification, then the Department shall issue a Final Order approving the portion of the modification to which no objections were filed, unless that portion of the requested modification is substantially related to or necessary to implement the portion to which written objections are filed.
Post-Certification Submittals
If it is determined, after assessment of a post-certification submittal, that compliance with the Conditions will not be achieved for a particular portion of a submittal, the Department may make a separate assessment of other portions of the submittal, unless those portions of the submittal are substantially related to or necessary to implement that portion for which it has been determined that compliance with the Conditions will not be achieved.
[Sections 120.57, F.S.; Rule 62-17.211, F.A.C.]
The provisions of this certification are severable, and if any provision of this certification or the application of any provision of this certification to any circumstance is held invalid, the remainder of the certification or the application of such provision to other circumstances shall not be affected thereby.
The terms, conditions, requirements, limitations, and restrictions set forth in these Conditions are binding and enforceable pursuant to Sections 403.141, 403.161, 403.514, 403.727, and 403.859 through 403.861, F.S., as applicable. Any noncompliance by the Licensee with these Conditions constitutes a violation of Chapter 403, F.S., and is grounds for enforcement action, license termination, license revocation, or license revision. The Licensee is placed on notice that the Department may review this certification periodically and may initiate enforcement action for any violation of these Conditions.
All records, notes, monitoring data, and other information relating to the construction or operation of the Certified Facility which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the Certified Facility and arising under the Florida Statutes or Department rules, subject to the restrictions in Sections
403.111 and 403.73, F.S. During enforcement actions, the retention period for all records will be extended automatically unless otherwise stipulated by the Department. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules.
[Sections 403.121, 403.131, 403.141, 403.151, 403.161, and 403.514, F.S.; subsections 62-
4.160(1) and 62-4.160(9), F.A.C.]
The certification shall be final unless revised, revoked, or suspended pursuant to law.
This certification may be suspended or revoked pursuant to Section 403.512, F.S. This certification is valid only for the specific processes and operations identified in the SCA and approved in the final order of certification and indicated in the testimony and exhibits in support of certification, or approved in a subsequent amendment or modification of the certification.
Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this approval may constitute grounds for revocation and enforcement action by the Department. Any enforcement action, including suspension and revocation, shall only affect the portion(s) of the Certified Facility that are the cause of such action, and other portions of the Certified Facility shall remain unaffected by such action.
[Section 403.512, F.S.; subsection 62-4.160(2), F.A.C.]
As provided in Sections 403.087(7) and 403.722(5), F.S., except, as specifically provided in the final order of certification, a subsequent modification or amendment, or these conditions, the issuance of this license does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. This license is not a waiver of or approval of any other Department license/permit that may be required for other aspects of the Certified Facility which are not addressed in this license. This license does not relieve the Licensee from liability for harm or injury to human health or welfare, animal, or plant life, or public or private property caused by the construction or operation of the Certified Facility, or from penalties therefore.
[subsections 62-4.160(3) and 62-4.160(5), F.A.C.]
Except to the extent a variance, exception, exemption or other relief is granted in the final order of certification, in a subsequent modification to these Conditions, or as otherwise provided under Chapter 403, F.S., this certification does not relieve the Licensee from civil or criminal penalties for noncompliance with any condition of certification, applicable rules or regulations of the Department, or any other state statutes or regulations which may apply.
[Sections 403.141, 403.161, and 403.511, F.S.]
Except as specifically provided in the final order of certification or these conditions, the issuance of this license conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title.
If any portion of the Certified Facility is located on sovereign submerged lands, state-owned uplands, or within an aquatic preserve, then the Licensee must comply with the applicable portions of Chapters 18-2, 18-20, and 18-21, F.A.C., and Chapters 253 and 258, F.S., except as specifically provided in the final order of certification or these conditions. If any portion of the Certified Facility is located on sovereign submerged lands, the Licensee must submit section F of Form 62-330.060(1), Application for Individual and Conceptual Approval Environmental Resource Permit (State 404 Program Permit) and Authorization to Use State- Owned Submerged Lands to the Department prior to construction. If any portion of the Certified Facility is located on state-owned uplands, the Licensee must submit an Upland Easement Application to the Department prior to construction.
If a portion of the Certified Facility is located on sovereign submerged lands or state-owned uplands owned by the Board of Trustees of the Internal Improvement Trust Fund, pursuant to Article X, Section 11 of the Florida Constitution, then the proposed activity on such lands requires a proprietary authorization. Under such circumstances, the proposed activity is not exempt from the need to obtain a proprietary authorization. Unless otherwise provided in the final order of certification or these conditions, the Department has the responsibility to review and take action on requests for proprietary authorization in accordance with Rules 18-2.018 or 18-21.0051, F.A.C.
The Licensee is hereby advised that Florida law states: “No person shall commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund under this chapter, until the person has received the required lease, license, easement, or other form of consent authorizing the proposed use.” Pursuant to Chapter 18-14, F.A.C., if such work is done without consent, or if a person otherwise damages state land or products of state land, the Board of Trustees may levy administrative fines of up to $10,000 per offense.
The terms, conditions, and provisions of any required lease or easement issued by the State shall be met. Any construction activity associated with the Certified Facility shall not commence on sovereign submerged lands or state-owned uplands, title to which is held by the Board of Trustees of the Internal Improvement Trust Fund, until all required lease or easement documents have been executed.
[Chapters 253 and 258, F.S.; Chapters 18-2, 18-14, 18-21, 62-340, and subsections 62-
330.060(1) and 62-4.160(4), F.A.C.]
Except as specified in Chapter 403, F.S., or Chapter 62-17, F.A.C., no term or condition of certification shall be interpreted to preclude the post-certification exercise by any
party of whatever procedural rights it may have under Chapter 120, F.S., including those related to rule-making proceedings.
[Section 403.511(5)(c), F.S.]
AGENCY ADDRESSES FOR POST-CERTIFICATION SUBMITTALS AND NOTICES
Where a condition requires post-certification submittals and/or notices to be sent to a specific agency, the following agency addresses shall be used unless the Conditions specify otherwise or unless the Licensee and the Department are notified in writing of an agency’s change in address for such submittals and notices:
Florida Department of Environmental Protection Siting Coordination Office, MS 5500
2600 Blair Stone Rd. Tallahassee, FL 32399-3000 SCO@dep.state.fl.us
Florida Department of Environmental Protection Northeast District Office
8800 Baymeadows Way West, Suite 100
Jacksonville, Florida 32256
Florida Department of Economic Opportunity Bureau of Community Planning and Growth Division of Community Development
107 East Madison Street Caldwell Building, MSC 160 Tallahassee, Florida 32399-2100
Florida Fish & Wildlife Conservation Commission Conservation Planning Services
620 South Meridian Street, MS 5B5 Tallahassee, Florida 32399-1600
FWCConservationPlanningServices@myfwc.com
Florida Department of Transportation District Administration
605 Suwannee Street
Tallahassee, Florida 32399-0450
Florida Department of Agriculture and Consumer Services Office of General Counsel
407 South Calhoun Street Tallahassee, Florida 32399-0800
St. Johns River Water Management District Office of General Counsel
4049 Reid Street or P.O. Box 1429 Palatka, Florida 32178-1429
Florida Department of State Division of Historical Resources 500 South Bronough Street Tallahassee, Florida 32399-0250
Putnam County
Office of General Counsel 2509 Crill Avenue, Suite 200
Palatka, Florida 32177
City of Palatka City Manager
201 North 2nd Street Palatka, Florida 32177
[Section 403.511, F.S.]
PROCEDURES FOR POST-CERTIFICATION SUBMITTALS
Conditions which provide for the post-certification submittal of information to DEP or other agencies by the Licensee are for the purpose of facilitating the agencies’ monitoring of the effects arising from the location of the Certified Facility and the construction and maintenance of the Certified Facility. This monitoring is for DEP to assure, in consultation with other agencies with applicable regulatory jurisdiction, continued compliance with these Conditions, without further agency action. A submittal of information or determination of compliance pursuant to a post-certification submittal under this Condition does not provide a point of entry for a third party.
All post-certification submittals of information by Licensee are to be filed with the NED and any other agency that is entitled to receive a submittal pursuant to these Conditions. The SCO shall be copied on all post-certification submittals in electronic .pdf format only, unless otherwise requested, via email to SCO@dep.state.fl.us. Each submittal shall clearly identify the Certified Facility name, PA#, and the condition number(s) (i.e. Section X, Condition XX.y.(z)) requiring the submittal. As required by Section 403.5113(2), F.S., each post-certification submittal will be reviewed by each agency with regulatory authority over the matters addressed in the submittal on an expedited and priority basis.
[Section 403.5113, F.S.; subsection 62-17.191(3), F.A.C.]
DEP shall review each post-certification submittal for completeness. This review may include consultation with the other agency(ies) receiving the post-certification submittal with regulatory jurisdiction over the matter addressed in the submittal. DEP’s finding of completeness shall specify the area of the Certified Facility affected, and shall not delay further processing of the post-certification submittal for non-affected areas.
If any portion of a post-certification submittal is found to be incomplete, the Licensee shall be so notified. Failure to issue such a notice within 30 days after filing of the submittal, shall constitute a finding of completeness. Subsequent findings of incompleteness, if any, shall address only the newly filed information.
[subparagraph 62-17.191(1)(c) 2., F.A.C.]
DEP may conduct an interagency meeting with other agencies that received a post-certification submittal. The purpose of such an interagency meeting shall be for the agencies with regulatory jurisdiction over the matters addressed in the post-certification submittal to discuss whether compliance with these Conditions has been provided. Failure of DEP to conduct an interagency meeting or failure of any agency to attend an interagency meeting shall not be grounds for DEP to withhold a determination of compliance with these Conditions nor to delay the timeframes for review established by these Conditions. At DEP’s request, a field inspection shall be conducted with the Licensee and the agency representative in conjunction with the interagency meeting.
DEP shall give written notification within 90 days, to the Licensee and the other agency(ies) to which the post-certification information was submitted of DEP’s determination of whether there is demonstration of compliance with these Conditions. If it is determined that compliance with the Conditions has not been provided, the Licensee shall be notified with particularity of the deficiencies and possible corrective measures suggested. Failure to notify Licensee in writing within 90 days of receipt of a complete post-certification submittal shall constitute a determination of compliance. A post-certification compliance review may be the basis for initiating modifications to the relevant Condition or to other related Conditions.
If DEP does not object within the time period specified in paragraph E., above, Licensee may begin construction pursuant to the terms of these Conditions and the subsequently submitted construction details.
Revisions to Design Previously Reviewed for Compliance
If revisions to site-specific designs occur after submittal, the Licensee shall submit revised plans prior to construction for review in accordance with the post-certification process specified in this Condition.
[Sections 120.569, 373.413, 373.416, and 403.511, F.S.; Rules 62-17.191 and 62-17.205, F.A.C.]
Variation to Submittal Requirements
DEP, in consultation with the appropriate agencies that have regulatory authority over a matter to be addressed in a post-certification submittal, and Licensee may jointly agree to vary any of the post-certification submittal requirements, provided the information submitted is sufficient to provide reasonable assurance of compliance with these Conditions.
[Sections 403.511, F.S.; Rule 62-17.191 F.A.C.]
POST-CERTIFICATION SUBMITTAL REQUIREMENTS SUMMARY
Within 90 days after certification, and within 90 days after any subsequent modification or certification, the Licensee shall provide the SCO a complete summary of those post-certification submittals that are identified in these Conditions when due-dates for the information required of the Licensee have been identified. A summary shall be provided as a separate document for each transmission line, if any. Such submittals shall include, but are not limited to, monitoring reports, management plans, wildlife surveys, etc. The summary shall be provided to the SCO, in a sortable spreadsheet, electronically, in the format shown below or equivalent. For subsequent modifications and certifications, a Post-Certification Submittal Requirements Summary shall be required for only those resulting in new or altered post- certification requirements.
Condition Number | Requirement and Timeframe | Due Date | Name of Agency or Agency Subunit to whom the submittal is required to be provided |
[Section 403.5113, F.S.; Subsection 62-17.191(3), F.A.C.]
POST-CERTIFICATION AMENDMENTS
If, subsequent to certification, the Licensee proposes any material change to the SCA and revisions or amendments thereto, as certified, the Licensee shall submit a written request for amendment and a description of the proposed change to the SCA to the Department. Within 30 days after the receipt of a complete request for an amendment, the Department shall determine whether the proposed change to the SCA requires a modification to the Conditions.
If the Department concludes that the change would not require a modification to the Conditions, the Department shall provide written notification of the approval of the proposed amendment to the Licensee, all agencies, and all other parties to the certification.
If the Department concludes that the change would require a modification to the Conditions, the Department shall provide written notification to the Licensee that the proposed change to the SCA requires a request for modification pursuant to Sections 403.516, F.S.
[Section 403.5113, F.S.]
MODIFICATION OF CERTIFICATION
Pursuant to Section 403.516(1)(a), F.S., and Rule 62-17.211, F.A.C., the Department may modify any Condition which would not otherwise require approval by the Siting Board, after notice and receipt of no objection by a party to the certification within 45 days after notice by mail to the party’s last address of record, and if no other person whose substantial interests will be affected by the modification objects in writing within 30 days of public notice.
The Department may modify Conditions, in accordance with Section 403.516(1)(b), F.S., which are inconsistent with the terms of any subsequent and separately DEP-issued permits, permit amendments, permit modifications, or permit renewals under a federally delegated or federally approved permit program. Such modification may be made without further notice if the matter has been previously noticed under the requirements for any federally delegated or approved permit program.
In accordance with Section 403.516(1)(c), F.S., the Licensee may file a petition for modification with the Department, or the Department may initiate the modification upon its own initiative.
Any anticipated facility expansions, production increases, or process modifications which may result in new, different or increased discharge or emission of pollutants, change in fuel, or expansion in generating capacity must be reported by submission of an appropriate request for an amendment, modification, or certification.
Any anticipated facility change that results in a change to the Site Delineation or the addition or removal of Certified Facilities, attached hereto as part of Attachment A (Maps), must be accompanied by a map or aerial photo showing the proposed new boundaries of the site and/or certified area. Within 120 days after completion of construction of the approved facility change, the Licensee shall provide the information required by Section A. General Conditions, Condition I. Scope, paragraphs D, E, F, or G, as appropriate.
[Section 403.516, F.S.; Rule 62-17.211, F.A.C.]
Pursuant to Sections 373.428 and 403.511, F.S., certification of the facility constitutes the State’s concurrence that the licensed activity or use is consistent with the federally approved program under the Florida Coastal Management Act.
[Sections 373.428, 380.23, and 403.511(7), F.S.]
Pursuant to the Operating Agreement between the Department, Water Management Districts and U.S. Army Corps of Engineers, a written final order granting ‘certification’ constitutes certification by the Department that the project activities comply with applicable state water quality standards.
[2012 Operating Agreement, Jacksonville District USACOE, DEP and Water Management Districts, Section II.A.1.(f)]
This certification is transferable in whole or in part, upon Department approval, to an entity determined to be able to comply with these Conditions. A transfer of certification of all or part of the Certified Facility may be initiated by the Licensee’s filing of a Notice of Intent to Transfer Certification with the Department’s Siting Coordination Office. The notice of intent shall: identify the intended new certification holder or Licensee; identify current, and new entity responsible for compliance with the certification; and include a written agreement from the intended Licensee/Transferee to abide by all Conditions of Certification, as well as, applicable laws and regulations. Upon receiving a complete notice of intent, the transfer shall be approved by the Department unless the Department objects to the transfer on the grounds that the new Licensee will be unable to comply with the Conditions of Certification, specifies in writing its reasons for its objections, and gives notice and an opportunity to petition and administrative hearing pursuant to Section 120.57, F.S. Upon approval, the Department will initiate a modification to the Conditions to reflect the change in ownership in accordance with Rule 62- 17.211, F.A.C.
In the event of the dissolution of the Licensee, the Department may transfer certification to successor entities which are determined to be competent to construct, operate, and maintain the Certified Facility in accordance with the conditions of certification and which are proper applicants as defined by the PPSA. Upon determination that such a successor entity complies with the requirements for transfer of certification, the Department will initiate a modification to the Conditions to reflect the change in ownership in accordance with Rule 62- 17.211, F.A.C.
[Chapter 120, F.S.; Rule 62-17.211, F.A.C.]
LABORATORIES AND QUALITY ASSURANCE
Chemical, physical, biological, microbiological and toxicological data collected as a requirement of these Conditions must be reliable, and collected and analyzed by scientifically sound procedures. Unless otherwise specified in these Conditions, the Licensee shall adhere to the minimum field and laboratory quality assurance, methodological and reporting requirements of the Department as set forth in Chapter 62-160, F.A.C. Standard Operating Procedures can be downloaded from the following website: https://floridadep.gov/water.
[Chapter 62-160, F.A.C.]
Submittals for Construction Activities
Prior to the commencement of construction of new facilities and/or associated facilities the Licensee shall provide to the NED for review all information necessary for a complete Application for Individual and Conceptual Approval Environmental Resource Permit (ERP), DEP Form 62-330.060(1), F.A.C. A copy of the submittal shall also be provided to the SCO. Information may be submitted by discrete portions of the Certified Facilities for determination of compliance with these COCs.
This form may: a) be submitted concurrently with a SCA; b) be submitted as part of an amendment request or a petition for modification; or, c) be submitted as a post- certification submittal following approval of a project through certification, modification, or amendment. Such ERP submittals, once received, shall be reviewed in accordance with the non- procedural standards and criteria for issuance of an ERP, including all the provisions related to reduction and elimination of impacts, conditions for issuance, additional conditions for issuance, and mitigation contained in Chapters 62-330, F.A.C., as applicable unless otherwise stated in these Conditions. While the information is provided for review via submittal of the ERP form, pursuant to Section 403.511, F.S., issuance of a separate ERP is not required for certified facilities.
Those forms submitted as part of a SCA, an amendment, or modification, shall be processed concurrently with, and under the respective certification, amendment, or modification procedures. Those forms submitted as a post-certification submittal (after certification, modification, or amendment and prior to construction) shall be processed in accordance with Section A, General Conditions, Condition XX, Procedures for Post-Certification Submittals.
No construction shall commence on a Project feature, or in a particular segment for a linear facility, until the Department has determined that there is a demonstration of compliance with these Conditions. For post-certification submittal reviews, the Department’s determination is governed by Section A, General Conditions, Condition XX, Procedures for Post-Certification Submittals.
Concurrent with submittal of the DEP form required in Subparagraph A.1.a., above, the Licensee shall submit, as applicable, a survey of wetland and surface water areas as delineated in accordance with Chapter 62-340, F.A.C., and verified by appropriate agency staff for Department compliance review. Available DEP-approved wetland and surface water delineations within the boundaries of a certified site, or a portion thereof, may be used and reproduced for this delineation submittal and verification.
[Section 373.416, F.S.; Chapters 62-330 and 62-340, F.A.C.]
Construction, operation, and maintenance of the proposed project (including any access roads and structures constructed within wetlands and other surface waters, and/or associated facilities) shall satisfy any applicable non-procedural requirements in the Department rules.
[Section 373.414(1)(a), F.S.]
Any delineation of the extent of a wetland or other surface water submitted as part of the DEP ERP Application Form required by Subparagraph A.1.a., above, including plans or other supporting documentation, shall not be considered binding on the
Department unless a specific condition of this Certification or a formal wetlands jurisdictional determination under Section 373.421(2), F.S., provides otherwise.
[Sections 373.421 and 403.504, F.S.]
Surface Water Management Systems
Information regarding surface water management systems (SWMS) will be reviewed for consistency with the applicable non-procedural requirements of Part IV of Chapter 373, F.S., following submittal of Form 62-330.060(1), F.A.C., to the NED.
All construction, operation, and maintenance of the SWMS(s) for the Certified Facilities shall be as set forth in the plans, specifications, and performance criteria contained in the SCA and other materials presented during the certification proceeding, post- certification submittals, and as otherwise approved. If specific requirements are necessary for construction, operation, and/or maintenance of an approved SWMS, those requirements shall be incorporated into a SWMS Plan for that system and included in Attachment B (Surface Water Management System Plans). Any alteration or modification to the SWMS Plan or the SWMS as certified requires prior approval from the Department.
To allow for stabilization of all disturbed areas, immediately prior to construction, during construction of the SWMS, and for the period of time after construction of the SWMS, the Licensee shall implement and maintain erosion and sediment control best management practices, such as silt fences, erosion control blankets, mulch, sediment traps, polyacrylamide (PAM), temporary grass seed, permanent sod, and floating turbidity screens to retain sediment on-site and to prevent violations of state water quality standards. These devices shall be installed, used, and maintained at all locations where the possibility exists of transferring suspended solids into the receiving waterbody due to the licensed work, and shall remain in place at all locations until construction in that location is completed and soils are permanently stabilized. All best management practices shall be in accordance with the guidelines and specifications described in the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Transportation and Florida Department of Environmental Protection, by HydroDynamics Incorporated in cooperation with Stormwater Management Academy, June 2007) unless a project-specific erosion and sediment control plan is approved as part of this License. If project-specific Conditions require additional measures during any phase of construction or operation to prevent erosion or control sediments beyond those specified in the approved erosion and sediment control plan, the Licensee shall implement additional best management practices as necessary, in accordance with the guidelines and specifications in the State of Florida Erosion and Sediment Control Designer and Reviewer Manual. The Licensee shall correct any erosion or shoaling that causes adverse impacts to the water resources as soon as feasible. Once project construction is complete in an area, including the re-stabilization of all side slopes, embankments and other disturbed areas, and before conversion to the operation and maintenance phase, all silt screens and fences, temporary baffles, and other materials that are no longer required for erosion and sediment control shall be removed.
The Licensee shall complete construction of all aspects of the SWMS described in the ERP Application Form, submitted as part of a post-certification submittal, amendment, modification, or certification application including water quality treatment features,
and discharge control facilities prior to use of the portion of the Certified Facility being served by the SWMS.
At least 48 hours prior to the commencement of construction of any new SWMS for any part of a Certified Facility authorized by this certification, the Licensee shall submit to the Department a written notification of commencement using an “Environmental Resource Permit Construction Commencement Notice” (DEP Form 62-330.350(1), F.A.C.), indicating the actual start date and the expected completion date.
Each phase or independent portion of the approved system must be completed in accordance with the submitted DEP Form prior to the operation of the portion of the Certified Facility being served by that portion or phase of the system.
Within 30 days, or such other date as agreed to by DEP and the Licensee, after completion of construction of any new portions of the SWMS, the Licensee shall submit to the NED, and copy the SCO, a written statement of completion and certification by a registered professional engineer (P.E.), or other appropriate registered professional, as authorized by law, utilizing the required “As-Built Certification and Request for Conversion to Operation Phase” (DEP Form 62-330.310(1), F.A.C.). Additionally, if deviations from the approved drawings are discovered, the As-Built Certification must be accompanied by a copy of the approved drawings with deviations noted.
Any substantial deviation from the approved drawings, exhibits, specifications, or Conditions, may constitute grounds for revocation or enforcement action by the Department.
The operation phase of any new SWMS approved by the Department shall not become effective until the Licensee has complied with the requirements of the conditions herein, the Department determines the system to be in compliance with the approved plans, and the entity approved by the Department accepts responsibility for operation and maintenance of the system.
The NED ERP Section must be notified in advance of any proposed construction dewatering. If the dewatering activity is likely to result in off-site discharge or sediment transport into wetlands or surface waters, a written dewatering plan must be submitted to and approved by the Department prior to the dewatering event.
[Section 373.414, F.S.; Chapters 62-302, 62-330, and Rule 62-4.242, F.A.C.]
Wetland and Other Surface Water Impacts
All Certified Facilities shall be constructed in a manner which will eliminate or reduce adverse impacts to on-site and/or adjacent wetlands or other surface waters to the extent practicable or otherwise comply with substantive criteria for elimination or reduction. When impacts to wetlands will occur as a result of a future amendment, modification, or certification, and cannot be practicably eliminated or reduced, the Licensee may propose and the Department or Board shall consider mitigation to offset otherwise unpermittable activities under the ERP review process pursuant to Condition XXVIII. A.1., above.
Proposed mitigation plans submitted with the DEP ERP Application forms required in Condition XXVIII. A.1.a., above, or submitted and approved as part of an amendment, modification, or certification, and that are deemed acceptable by DEP, shall include
applicable construction conditions, success criteria and monitoring plans, and shall be incorporated into these Conditions as Attachment C (Wetland Mitigation Plans).
[Sections 373.413, 373.414, 373.4145, 403.511, and 403.814(6), F.S.; Chapters 62-
312, 62-330, 62-340, 62-342, and 62-345, F.A.C.]
The Licensee is responsible for maintaining compliance with these Conditions even when third party activities authorized by the Licensee occur in or on the certified site.
[Section 403.506(1), F.S.]
The Licensee shall properly operate and maintain the certified facility and systems of treatment and control (and related appurtenances) that are installed and used by the Licensee to achieve compliance with these Conditions, as required by the final order of certification, these Conditions, or a post-certification amendment or modification. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the final order of certification, these Conditions, or a post-certification amendment or modification. Further, the Licensee shall take all reasonable steps to minimize any adverse impact resulting from noncompliance with any limitation specified in this certification, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying event.
[subsection 62-4.160(6), F.A.C.]
RECORDS MAINTAINED AT THE FACILITY
These Conditions or a copy thereof shall be kept at the site.
The Licensee shall hold at the site, or other location designated by these Conditions, records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation required by these Conditions, copies of all reports required by these Conditions, and records of all data used to complete the SCA for this approval. These materials may be maintained in electronic form and shall be retained at least three (3) years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule.
Records of monitoring information shall include:
the date, exact place, and time of sampling or measurements;
the person responsible for performing the sampling or measurements;
the dates analyses were performed;
the person responsible for performing the analyses;
the analytical techniques or methods used; and,
the results of such analyses.
[subsection 62-4.160(12) and paragraph 62-4.160(14)(b), F.A.C.]
Except as otherwise authorized by a permit issued by the Department under a federally approved or delegated program or to the extent a variance, exception, exemption, or other relief is granted or authorized by these Conditions, the Licensee shall not discharge to surface waters or groundwaters of the State wastes in concentrations, which, alone or in combinations with other substances or components of discharges (whether thermal or non- thermal), are carcinogenic, mutagenic, or teratogenic to human beings (unless specific criteria are established for such components in Rule 62-520.400, F.A.C.) or are acutely toxic to indigenous species of significance to the aquatic community within surface waters affected by the groundwater at the point of contact with surface waters.
Except as otherwise authorized by a permit issued by the Department under a federally approved or delegated program or to the extent a variance, exception, exemption, or other relief is granted or authorized by these Conditions, all discharges and activities must be conducted so as to not cause a violation of the water quality standards set forth in Chapters 62-4, 62-302, 62-520, 62-550, and 62-620, F.A.C., including the provisions of Rules 62-4.243, 62-4.244, and 62-4.246, F.A.C., the antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), F.A.C., Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C.
[Chapters 62-4, 62-302, 62-520, 62-550, and 62-620, F.A.C.]
The Licensee shall comply with all applicable non-procedural provisions of Chapter 62-701, F.A.C., for any solid waste generated within the Certified Facility during construction, operation, maintenance, and closure.
[Chapters 62-701, F.A.C.]
Hazardous Waste, Used Oil, Petroleum Contact Water and Spent Mercury
The Licensee shall comply with all applicable non-procedural provisions of DEP Chapter 62-730, F.A.C., for any hazardous waste generated within the Certified Facility. An EPA identification number must be obtained before beginning hazardous waste activities unless the facility is a Conditionally Exempt Small Quantity Generators (CESQGs). CESQGs generate no more than 100 kg (220 lbs) of hazardous waste in any month.
The Licensee shall comply with all applicable non-procedural provisions of DEP Chapter 62-710, F.A.C., for any used oil and used oil filters generated within the Certified Facility.
The Licensee shall comply with all applicable non-procedural provisions of DEP Chapter 62-737, F.A.C., for any spent mercury-containing lamps and devices generated within the Certified Facility.
The Licensee shall comply with all applicable provisions of DEP Chapter 62- 740, F.A.C., for any petroleum contact water located within the Certified Facility.
[Chapters 62-710, 62-730, 62-737, and 62-740, F.A.C.]
Hazardous Substance Release Notification
Any owner or operator of a facility who has knowledge of any release of a hazardous substance from a Certified Facility in a quantity equal to or exceeding the reportable quantity in any 24-hour period shall notify the Department by calling the STATE WATCH OFFICE, (800) 320-0519, as soon as possible, but not later than one working day of discovery of the release.
Releases of mixtures and solutions are subject to these notification requirements only where a component hazardous substance of the mixture or solution is released in a quantity equal to or greater than its reportable quantity.
Notification of the release of a reportable quantity of solid particles of antimony, arsenic, beryllium, cadmium, chromium, copper, lead, nickel, selenium, silver, thallium, or zinc is not required if the mean diameter of the particles released is larger than 100 micrometers (0.004 inches).
[Chapter 62-150, F.A.C.]
The Licensee shall comply with all applicable non-procedural provisions of Chapter 62-780, F.A.C., for any violations of relevant provisions of Chapter 376 or 403, F.S., that result in legal responsibility for site rehabilitation pursuant to those chapters. This responsibility for site rehabilitation does not affect any activity or discharge permitted or exempted pursuant to Chapter 376 or 403, F.S., or rules promulgated pursuant to Chapter 376 or 403, F.S.
[Chapter 62-780, F.A.C.]
Registration, construction, installation, operation, maintenance, repair, closure, and disposal of storage tank systems within a Certified Area that store regulated substances shall be in accordance with Chapters 62-761 and 62-762, F.A.C., in order to minimize the occurrence and environmental risks of releases and discharges. Mineral acid storage tank systems are subject only to Rule 62-762.891, F.A.C.
Incident Notification Requirements.
Notification of the discovery of the loss from a storage tank system of a regulated substance exceeding 100 gallons on impervious surfaces, other than secondary containment, such as driveways, airport runways, or other similar asphalt or concrete surfaces, provided that the loss does not come in contact with pervious surfaces or of the discovery of any other incident listed in subsections 62-761.450(2) or 62-762.450(2), F.A.C., shall be made to the County on Incident Notification Form 62-761.900(6) within 24 hours or before the close of the County’s next business day.
Discharge Reporting Requirements
Upon discovery of an unreported discharge of a regulated substance, the Licensee shall report to the County on Discharge Report Form 62-761.900(1) within 24 hours or before the close of the County’s next business day those items listed in paragraph 62- 761.450(3)(a), F.A.C., including a spill or overfill event of a regulated substance to soil or
another pervious surface, equal to or exceeding 25 gallons, unless the regulated substance has a more stringent reporting requirement specified in C.F.R. Title 40, Part 302.
If a discharge of a regulated substance occurs at a certified facility, actions shall be taken immediately to contain, remove, and abate the discharge under all applicable Department rules. The Licensee is advised that other federal, state, or local requirements may apply to these activities. If the contamination present is subject to the provisions of Chapter 62- 780, F.A.C., corrective action, including free product recovery, shall be performed in accordance with that Chapter.
Storage tank systems shall be taken out-of-service and/or closed as necessary in accordance with Rules 62-761.800 and 62-762.801, F.A.C., as applicable.
[Chapters 62-761, 62-762, and 62-780, F.A.C.]
SECTION B. SPECIFIC CONDITIONS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Disposal of sanitary wastes from construction toilet facilities must be in accordance with applicable regulations of the Department and appropriate local health agency. The sewage treatment plant must be operated in accordance with Chapters 62-4, 62-302, 62-600, 62-620, 62-640, and 62-660, F.A.C. Plans and specifications for the sewage treatment plant shall be submitted to the Department’s NED for review and approval prior to installation.
Gypsum and Flyash Reuse Facilities
The Licensee may engage in operations to reuse industrial byproducts that are generated by the facility. Industrial byproducts are not considered solid waste if they meet the requirements of subsection 62-701.220(2), F.A.C.
The Licensee may modify its Flue Gas Desulfurization (FGD) system by introducing an oxidation system to convert sulfite and by installing a chloride bleed system to produce synthetic gypsum for reuse, as long as emission limitations are not exceeded. Flyash may be processed for reuse or sale.
If any wallboard manufacturing facility or other operation that reuses gypsum is to be located within the property currently comprising SECI's certified site, the Licensee must file a revised site map and legal description excluding from the certified site that area conveyed to the manufacturer or related operation. The revised site map must also include a depiction of any easements that the Licensee conveys to any manufacturer or other operation for that portion of the site which is not conveyed to the manufacturer. Any parcels conveyed for gypsum reuse must be located within that area generally identified for that purpose in SECI’s April 8, 1999 request. The revised site map shall become effective upon written acknowledgment of receipt by the Department. The owner or operator of any wallboard plant or related facility shall be responsible for applying for obtaining and complying with all appropriate permits and for complying with all regulations applicable to its separate activities, including the wallboard plant, and any conveyor used to deliver gypsum from the Seminole plant to the wallboard or other gypsum reuse facility. Those separate facilities and their operations shall not be subject to this Certification and its conditions unless otherwise expressly stated in this Certification.
Rail Car Maintenance Facility
The rail car maintenance and surface coating facility must be designed, constructed and operated in conformance with Chapters 62-296, 62-25, and 62-302, F.A.C., and the following limitations:
Visible Emissions - must not exceed 20% opacity.
VOC Emissions - must not exceed 38.75 lbs/hr or 11.84 T/year.
Particulate Emissions - Unconfined particulate emissions from abrasive blasting must be controlled as required by Section 62-296.320(4)(c), F.A.C., using the following precautions:
The cover and the partial enclosure of the shelter will act as a windbreak to minimize the amount of residual particulate that becomes airborne.
Containment screens must be installed on the northern and southern ends of the shelter.
Stormwater Runoff - must be collected in existing runoff ditches and routed to percolation/evaporation areas on site.
Wastewater - No discharge of wastewater from the maintenance facility
site is allowed.
Sanitary Waste - Must be disposed of in accordance with the applicable
substantive requirements of Chapter 64E-6, F.A.C.
Water - The associated drinking water system must comply with the substantive requirements of Chapters 62-550 and 62-555, F.A.C. Consumptive use of groundwater shall be governed by the applicable nonprocedural provisions of 40C-2, F.A.C.
Spent Blast Media - Spent blast media associated with the railcar maintenance facility must be containerized during storage and subsequently disposed of in the onsite FGD/sludge landfill.
At least 90 days prior to the initial start-up of a new landfill increment or expansion of an existing landfill increment, SECI shall submit sufficiently detailed information that shows how a new landfill or expansion of an existing landfill increment for Units 1and 2 will be constructed, operated, monitored, and closed (including how a new or expanded landfill will be constructed while continuing to operate the existing landfill) in compliance with the applicable provisions of Chapter 62-701, F.A.C. Per Rule 62-701.310 F.A.C., SECI may apply for alternative procedures and requirements.
The Licensee shall continue to operate the solid waste disposal units in accordance with the Landfill Operating Procedures for Lined Expansion of Existing FGD Landfill Facility, dated May 13, 2009 and the Increment 1 Build-out Operation Plan, dated September 12, 2014. Within 30 days of these conditions being final, SECI will submit revised or updated operating plans for the lined vertical expansion of the original landfill and for Increment 1 landfill. These plans shall be acknowledged as a singular Operation Plan for both facilities which will be identified as Seminole Generating Station Landfill Operation Plan and attached hereto as Attachment E.
The Licensee is authorized, pursuant to Section 62-701.320(1), F.A.C., to utilize flyash from the Seminole Power Plant and from other coal fired electric generating facilities in the on-site FGD sludge stabilization process.
A hydrogeological and geotechnical investigation for Landfill Increment 2 and any subsequent increments must be conducted in accordance with the requirements of Chapter 62-701.410, F.A.C., prior to construction.
The Licensee must provide three sets of the final landfill construction drawings and retention pond design calculations to the Department’s Siting Coordination Office, for review prior to construction of landfill Increments 1 shown in attached Figure 1.
With regard to the existing FGD/Sludge landfill and Increments 1 & 2, after receiving approval, the Licensee may construct the landfill and appurtenant facilities and may dispose of solid waste within 200 feet of any natural or artificial body of water, including wetlands within the jurisdiction of the Department, pursuant to Rule 62-701.300(2)(e).
Zone of Discharge
Leachate from the FGD/sludge landfill, coal storage pile, bottom ash sump, percolation and FGD emergency pond must not contaminate waters of the State (including both surface and ground waters) in excess of the limitations of Chapter 62-520, F.A.C., beyond the zone of discharge. As an existing installation, the zone of discharge shall extend horizontally from the edge of each solid waste landfill to the facility’s property line, and vertically to the bottom of the surficial aquifer.
Corrective Action
When the groundwater monitoring system shows a violation of the groundwater water quality standards of Chapter 62-520, F.A.C., the appropriate ponds and FGD landfill must be sealed, relocated or closed, or the operation of the affected facility must be altered in such a manner as to assure the Department that no violation of the groundwater standards will occur beyond the boundary of the site.
Solid Waste Ground Water Monitoring
Ground water monitoring is required around all solid waste landfill sites. The Licensee shall install a solid waste ground water monitoring well network to monitor the water quality of the aquifer around each site, in accordance with applicable provisions of Chapters 62-701, 62-520, F.A.C., and Attachment D-1.
During the period of operation authorized by this Site Certification, the Licensee shall sample ground water at the monitor wells for the parameters and frequency identified in Attachment D-1 and in accordance with the conditions of certification, pursuant to Chapters 62-701, 62-520, F.A.C., and Attachment D-1.
For any new or revised solid waste disposal area, a revised Solid Waste Water Quality Monitoring Plan shall be submitted to the Solid Waste Section of the DEP Tallahassee office and to the DEP’s Siting Office for review and approval at least 12 months prior to operation of a new site, or 90-days prior to implementation of a revised site, in accordance with the post-certification process referred to in Condition XX Procedures for Post- Certification Submittals. The approved revised plan will replace the existing plan, and it will be referenced to the Conditions in Attachment D-1.
Industrial Wastewater Discharges
The Licensee may discharge industrial wastewater (e.g.: boiler blowdown, boiler fireside wash, air preheater wash, stack wash, electrostatic precipitator wash, and firewater system) to the existing percolation pond system (i.e. land application site) in a manner as approved by the Department. Any new treatment chemicals and biocides shall require review and approval by the Department, prior to use. Boiler blowdown from either Units 1 and 2 may also be recycled to the Unit 1 and 2 cooling towers. BMPs are applicable.
New or expanded land application sites and wastewater discharges from new sources to existing, new, or expanded land application sites shall require review and approval by the Department, prior to initial discharge, and shall be subject to discharge evaluation requirements, as provided in Rule 62-520.600, F.A.C.
[Chapters 62-4, 62-302, 62-520, 62-550, 62-660, and 62-620, F.A.C., and Rule 62-
621.300, F.A.C.]
Industrial Wastewater Ground Water Monitoring
Ground water monitoring is required around all Industrial Wastewater sites described in Attachment D-2, Industrial Wastewater Ground Water Monitoring Plan (IWGWMP). The Licensee shall install and maintain an industrial wastewater ground water monitoring well network to monitor the water quality of the aquifer(s) around the Industrial Wastewater sites, in accordance with Chapter 62-520, F.A.C.
During the period of operation authorized by this Site Certification, the Licensee shall conduct ground water monitoring at the specified monitor wells for the parameters and frequency identified in Attachment D-2, Industrial Wastewater Ground Water Monitoring Plan, in accordance with the ground water monitoring plan and Rule 62-520.600, F.A.C.
For the existing industrial wastewater sites, the Licensee shall submit an updated IWGWMP to the DEP-NED Ground Water Section with an electronic copy to the DEP Siting Office mailbox within 90 days of the date modification M becomes final, or such other date as the Licensee and DEP-NED Office agree. This updated plan shall include a list of all existing monitor wells, a location map of monitor wells in relation to wastewater sites\surface waters\property lines, construction details of monitor wells with top of well casing and land surface elevations to the nearest 0.01 feet, latitude and longitude (in degrees, minutes, seconds) of each monitor well, a list of all monitoring and field parameters, frequency of monitoring for each parameter, and name of aquifer being monitored for each monitor well.
For any new or revised industrial wastewater site, the Licensee shall submit a revised IWGWMP to the DEP-NED Ground Water Section with an electronic copy to the DEP Siting Office mailbox for review and approval at least 90 days prior to operation of a new or revised site. In addition to the items for the updated plan listed in the above condition, the revised plan shall include new monitor well locations and designs, seasonal ground water depths and flow directions at the site through preparation of seasonal water table contour maps, based upon water level data obtained during the pre-operational and existing monitoring programs, location of potable wells located within one quarter mile of a new site, history of activity, geology, soil borings, mounding analysis of any new ponds, wastewater application of rate, and analysis or characterization of Industrial Wastewater to be discharged to the new site. Based on the contour maps, and in accordance with Chapter 62-520, F.A.C., a revised ground water monitoring well network shall be located. An initial ground water sample shall be conducted prior to operation of any new industrial wastewater site.
Any modification or additions to the IWGWMP shall be submitted, reviewed and approved through the post-certification process referred to in “Procedures for Post- Certification Submittals” of Section A., and Attachment D-2 will be amended to reflect any changes.
The IWGWMP shall be revised to comply with the provisions contained in Rules 62-620.325 and 62-620.345, F.A.C., if applicable, or to comply with any applicable effluent standard or limitation issued or approved under Section 301(b)(2)(C) and (D), 304(b)(2) and 307(a)(2) of the Clean Water Act (the Act), as amended, by change in the effluent standards, limitations, or water quality standards previously issued or approved. Revisions to the IWGWMP which involve the following shall be considered a modification to these Conditions and shall be processed in accordance with Section 403.516(1)(c), F.S., and Rule 62-17.211, F.A.C., as applicable.
wastewater;
New major sources or deletion of existing major sources of
Improvements made to existing, or new wastewater treatment
facilities including those which provide for a new or expanded land application system which will result in an increase in the permitted capacity;
Incorporation of newly promulgated applicable rules which are not currently reflected in the License or promulgated rules which are more stringent than the existing conditions in the License;
Pollutants not addressed in the IWGWMP or these Conditions.
Coal Storage Pile and Limestone Storage Pile
Drainage from the lined coal storage pile is directed into a lined runoff pond and pumped to the wastewater treatment system, which is covered under the NPDES permit. The Licensee shall not store coal in a manner that produces uncontrolled runoff unless such discharges have prior approval by the DEP-NED, in accordance with Rule 62-620.610(5),
F.A.C. Any overflow discharges from the runoff pond shall be reported orally within 24-hours as an abnormal event to the DEP-NED with a detailed written submission provided within five days of the time the Licensee becomes aware of the circumstances, in accordance with Rule 62- 620.610(20), F.A.C.
Drainage from the limestone storage pile is directed to an unlined runoff pond, and any overflow discharges from less than 10- year 24-hour rainfall shall be treated as required to limit the suspended solids to 50 mg/l and to prevent increases in turbidity to less than 29 NTU above background in waters of the State beyond a distance of 150 meters from the POD, in accordance with Rule 62-620.610(5), F.A.C.
The potable water supply system shall be designed and operated in conformance with Chapters 62-550, Lead & Copper Rule 40 CFR 141, Subpart I, 62-555, 62- 560, and 62-699 F.A.C. (http://www.dep.state.fl.us/water/rulesprog.htm#dw). Information as required in Chapters 62-550, Lead & Copper Rule 40 CFR 141, Subpart I, 62-555, 62-560, and 62-699, F.A.C., shall be submitted to the Department prior to construction and operation of any potable water system. The operation of the potable water supply system shall be certified in accordance with Chapters 62-602 and 62-699, F.A.C. All monitoring reports shall be submitted to the Department’s Northeast District Office, Potable Water Section and the Siting Office.
All potable well(s) shall be constructed according to public well standards found in 62-532, F.A.C., as well as meet the required setbacks as found in 62-555.312, F.A.C.
[Chapters 62-532, 62-550, 62-555, 62-560, 62-602, and 62-699, F.A.C.]
Directly associated transmission lines must be constructed and maintained in a manner to minimize environmental impacts in accordance with Chapter 403, F.S.
Construction
Filling and construction in waters of the State must be minimized to the extent practicable. No such activities may take place without obtaining lease or title from the Trustees of the Internal Improvement Trust Fund.
Placement of fill in wetland areas must be minimized by spanning such areas with the maximum transmission lines span practicable.
Construction and access roads should avoid wetlands and be located in surrounding uplands. Any fill required in wetlands for construction but not required for maintenance purposes must be removed and the ground restored to its original contours after transmission line placement.
Keyhole fills from upland areas are preferable to a single road and should be oriented as nearly parallel to surface water flow lines as possible.
Sufficient culverts must be placed through fill causeways to maintain sheet flow. The number and locations of such culverts will be determined in the field by consultation with DEP field inspectors.
Maintenance roads must be planted with native species to prevent erosion and subsequent water quality degradation.
Construction activities should proceed as much as possible during
the dry season.
Turbidity control measures, where needed, must be employed to
prevent violation of water quality standards.
Good environmental practices as described in Environmental Criteria for Electric Transmission Systems as published by the U.S. Department of Interior and the U.S. Department of Agriculture should be followed.
Maintenance
Vegetative removal for maintenance should be carried out in the
following manner:
Vegetative clearing operations to be carried out within the corridor should
follow the general standards for clearing rights-of-way for overhead transmission lines and follow good environmental practices as described in Environmental Criteria for Electric Transmission Systems, as published by the U.S. Department of the Interior and the U.S. Department of Agriculture, thus preserving immature tree species along the peripheries of the right-of-way. These standards define the zone that shall be cleared of all tree growth as the area between structures 10 ft. to either side of the outside conductor. The remainder of the right-of- way from the cleared area to the right-of-way limit shall be screened. This translates to mean
that only trees in excess of 10 ft. in height would be removed from the outer zone except where location of the access roads necessitates complete clearing.
The foundations for transformers, capacitors, and switching gear necessary for Seminole Units 1 and 2 to connect with the existing transmission/distribution system must be constructed of an impervious material and must be constructed in such a manner to allow complete collection and recovery of any spills or leakage of oily, toxic, or hazardous substances.
No requests for restricted areas are necessary.
Post-Certification Review Items
Access Management to the State Highway System
Any access to the State Highway System is subject to the requirements of Rule Chapters 14-96, State Highway System Connection Permits and 14-97, Access Management Classification System and Standards, F.A.C., which may require a right-of-way access permit from FDOT.
Overweight or Over-Dimensional Loads
Operation of overweight or over-dimensional loads by the Licensee on State transportation facilities during construction and operation of the utility facility will be subject to safety and permitting requirements as defined in Chapter 316, F.S., and Rule Chapter 14-26, Safety Regulations and Permit Fees for Overweight and Over-Dimensional Vehicles, F.A.C.
Use of State of Florida Rights-of-Way or Transportation Facilities
All usage and crossing of State of Florida rights-of-way or transportation facilities will be subject to Rule Chapter 14-46, Utilities Installation or Adjustment, F.A.C.; Florida Department of Transportation’s Utility Accommodation Manual (Document 710-020- 001); Design Standards for Design, Construction, Maintenance, and Utility Operation on the State Highway System; Standard Specifications for Road and Bridge Construction; and pertinent sections of the Florida Department of Transportation’s Project Development and Environmental Manual.
The placement of pipelines should take into consideration the planned widening of state transportation facilities. The cost of relocating or reconstructing the pipeline will be borne by the applicant to the extent required by Section 337.403, F.S., and Rule Chapter 14-46, F.A.C.
Standards
The Manual on Uniform Traffic Control Devices; Florida Department of Transportation’s Design Standards for Design, Construction, Maintenance, and Utility Operation on the State Highway System; Florida Department of Transportation’s Standard Specifications for Road and Bridge Construction; Florida Department of Transportation’s Utility Accommodation Manual; and pertinent sections of the Florida Department of Transportation’s
Project Development and Environmental Manual will be adhered to in all circumstances involving the State Highway System and other transportation facilities.
Drainage
Any drainage onto State of Florida right-of-way and transportation facilities will be subject to the requirements of Rule Chapter 14-86, Drainage Connections, F.A.C., including the attainment of any permit required thereby.
Use of Air Space
Any newly proposed structure or alteration of an existing strucuture will be subject to the requirements of Chapter 333, F.S., and Rule 14-60.009, F.A.C. Additionally, notification to Federal Aviation Authority (FAA) is required prior to beginning construction, if the structure exceeds notification requirements of 14 CFR Part 77, Objects Affecting Navigable Airspace, Subpart B, Notice of Construction or Alteration. Notification will be provided to FAA Southern Region Headquarters using FAA Form 7460-1, Notice of Proposed Construction or Alteration in accordance with instructions therein. A subsequent determination by the FAA stating that the structure exceeds any federal obstruction standard of 14 CFR Part 77, Subpart C, for any structure that is located within a 10-nautical-mile radius of the geographical center of a public-use airport or military airfield in Florida will be required to submit information for an Airspace Obstruction Permit from the Florida Department of transportation or variance from local government depending on the entity with jurisdictional authority over the sited of the proposed structure. The FAA Determination regarding the structure serves only as a review of its impact on federal airspace and is not an authorization to proceed with any construction.
However, FAA recommendations for marking and/or lighting of the proposed structure are made mandatory by Florida law. For a site under Florida Department of Transportation jurisdiction, application will be made by submitting Florida Department of Transportation Form 725-040-11, Airspace Obstruction Permit Application, in accordance with the instructions therein.
Traffic control during facility construction and maintenance will be subject to the standards contained in the Manual on Uniform Traffic Control Devices; Rule Chapter 14-94, Statewide Minimum Level of Service Standards, F.A.C.; Florida Department of Transportation’s Roadway and Traffic Design Standards for Design, Construction Maintenance, and Utility Operation on the State Highway System; Florida Department of Transportation’s Standard Specifications for Road and Bridge Construction; and Florida Department of Transportation’s Utility Accommodation Manual, whichever is more stringent.
It is recommended that the applicant encourage transportation demand management techniques by doing the following:
Placing a bulletin board on site for carpooling advertisements.
Requiring that heavy construction vehicles remain on-site for the duration of construction to the extent practicable.
If the Licensee uses contractors for the delivery of any overweight or over-dimensional loads to the site during construction, the applicant should ensure that its contractors adhere to the necessary standards and receive the necessary permits required under Chapter 316, F.S., and Rule Chapter 14-26, Safety Regulations and Permit Fees for Overweight and Over-Dimensional Vehicles, F.A.C.
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Nothing in these conditions should be construed to limit the authority of the SJRWMD to declare a water shortage and issue orders pursuant to Chapter 373, F.S. In the event of a declared water shortage, the Licensee must adhere to the water shortage restrictions, as specified by the SJRWMD.
[Paragraph 5.1(b), A.H., November 2015]
Leaking or inoperative well casings, valves, or controls must be repaired or replaced as required to eliminate the leak or make the system fully operational.
[Paragraphs 2.3(a) and 5.1(d), A.H., November 2015]
The Licensee's consumptive use of water as authorized by these conditions shall not interfere with legal uses of water existing at the time of the submittal of the certification application. If interference occurs, SJRWMD will request that FDEP revoke the certification, in whole or in part, to curtail or abate the interference, unless the interference associated with the Licensee's consumptive use of water is mitigated by the Licensee.
[Paragraphs 3.6 and 5.1(e), A.H., November 2015]
The Licensee's consumptive use of water as authorized by these conditions shall not have significant adverse hydrologic impacts to off-site land uses existing at the time of the submittal of the certification application. If significant adverse hydrologic impacts occur, the SJRWMD will request that FDEP revoke the certification, in whole or in part, to curtail or abate the adverse impacts, unless the impacts associated with the Licensee's consumptive use of water are mitigated by the Licensee pursuant to a SJRWMD approved plan.
[Paragraphs 2.3(f) and 5.1(f), A.H., November 2015]
A SJRWMD issued identification tag shall be prominently displayed at each withdrawal site by permanently affixing such tag to the pump, headgate, valve, or other withdrawal facility as provided by Section 40C-2.401, F.A.C. Licensee shall notify the SJRWMD in the event that a replacement tag is needed.
[Paragraph 5.1(h), A.H., November 2015]
The Licensee's consumptive use of water as authorized by this license shall not significantly and adversely impact wetlands, lakes, rivers, or springs. If significant adverse impacts occur, the SJRWMD will request that FDEP revoke the license, in whole or in part, to curtail or abate the significant adverse impacts, unless the impacts associated with the Licensee’s consumptive use of water are mitigated by the license pursuant to a SJRWMD approved plan.
[Paragraphs 2.3(f) and 5.1(i), A.H., November 2015]
The Licensee's consumptive use of water as authorized by this license shall not reduce a flow or level below any minimum flow or level established by the SJRWMD or the FDEP pursuant to Sections 373.042 and 373.0421, F.S. If the Licensee's use of water causes or contributes to such a reduction, then the SJRWMD will request FDEP revoke the
license, in whole or in part, unless the Licensee implements all provisions applicable to the Licensee's use in a SJRWMD approved recovery or prevention strategy.
[Paragraphs 2.3(i) and 5.1(j), A.H., November 2015]
The Licensee's consumptive use of water as authorized by these conditions shall not cause or contribute to significant saline water intrusion. If significant saline water intrusion occurs, the SJRWMD will request that FDEP revoke the license, in whole or in part, to curtail or abate the saline water intrusion, unless the saline water intrusion associated with the Licensee's consumptive use of water is mitigated by the Licensee pursuant to a SJRWMD approved plan.
[Paragraphs 2.3(g) and 5.1(k), A.H., November 2015]
The Licensee's consumptive use of water as authorized by these conditions shall not cause or contribute to flood damage. If the Licensee's consumptive use causes or contributes to flood damage, the SJRWMD request that FDEP revoke the license, in whole or in part, to curtail or abate the flood damage, unless the flood damage associated with the Licensee's consumptive use of water is mitigated by the licensee pursuant to a SJRWMD approved plan.
[Paragraphs 2.3(f) and 5.1(l), A.H., November 2015]
The lowest quality water source, including reclaimed water, surface water, and stormwater, must be used for each consumptive use authorized by these conditions of certification when available, except when Licensee demonstrates, as determined by SJRWMD, that the use of the lower quality water source is not economically, environmentally, or technologically feasible, in accordance with the SJRWMD’s Consumptive Use Permit Applicant’s Handbook, paragraph 2.3(e), A.H., November 2015.
[Paragraph 2.3(e), A.H., November 2015]
Well modifications, construction, and abandonments shall conform to SJRWMD non-procedural requirements in Chapter 40C-3, F.A.C.
[Paragraph 5.1(c), A.H., November 2015]
All landscape irrigation shall be conducted in accordance with the times, days, and within the manner set forth in Section 40C-2.042, F.A.C.
[Paragraph 5.2, A.H., November 2015; Rule 40C-2.042, F.A.C.]
Maximum annual withdrawals of water from the Upper Floridan aquifer (UFA) for power plant process, cooling, potable, service, irrigation, and well testing water must not exceed 226.3 million gallons (0.62 millions of gallons per day (mgd) annual average).
[Paragraphs 2.3(a)(b)(c)(d)(e) and 5.2(d), A.H., November 2015]
The annual withdrawals of water from the St. Johns River for power plant process, cooling, service, and testing water use must not exceed 7,993.5 million gallons (21.9 mgd annual average).
[Paragraphs 2.3(a)(b)(c)(d)(e) and 5.2(d) A.H., November 2015]
Total withdrawal from wells: North Well (Station ID 450548), South Well (Station ID 450549), CI3 (Station ID 475608), CI4 (Station ID 475610), and the ganged wells Potable 1 (Station ID 450550), Potable 2 (Station ID 450551), Potable 3 (Station ID 450552),
and Potable 4 (Station ID 475611), and surface water pumps River Pump 1 (Station ID 450648), River Pump 2 (Station ID 450649), River Pump 3 (Station ID 450651), River Pump 4 (Station ID 450652), and River Pump 5 (Station ID 450654) must be recorded continuously, totaled monthly, and reported to the Department and District at least every six months for the duration of this permit using Water Use Pumpage Report Form (EN-50). The reporting dates each year will be as follows:
Reporting Period Report Due Date January - June July 31
July - December January 31
[Paragraph 2.3(a), A.H., November 2015]
Prior to use, all withdrawal points must be equipped with totalizing flow meters. All flow meters must maintain +/- 5% accuracy, be verifiable, and be installed according to the manufacturer’s specifications.
[Paragraphs 4.1 and 4.2, A.H., November 2015]
The Licensee must maintain all flow meters. In case of failure or breakdown of any meter, the FDEP SCO and SJRWMD must be notified in writing within 5 days of its discovery. A defective meter must be repaired or replaced within 30 days of its discovery.
[Paragraphs 4.1 and 4.2, A.H., November 2015]
The Licensee must have the flow meters calibrated once every 10 years within 30 days of the anniversary date of certification issuance, and recalibrated if the difference is between the actual flow and the meter reading is greater than 5%. SJRWMD Form No. EN-51 must be submitted to the FDEP SCO and SJRWMD within 10 days of the inspection/calibration.
[Paragraphs 4.1 and 4.2.1, A.H., November 2015]
The Licensee must implement the water conservation measures submitted to the SJRWMD on December 11, 2017.
[Paragraph 2.2.3.2, A.H., November 2015]
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
General Listed Species Surveys
The Licensee shall coordinate with the Florida Fish and Wildlife Conservation Commission (FWC) to obtain and follow the current survey protocols for all listed species that may occur within the Certified Facility(ies) (SGS and SCCF) area to be impacted, as well as accessible appropriate buffers within the SECI property or rights-of-way as defined by the listed species' survey protocols, prior to conducting detailed surveys. Guidance related to species-specific survey protocols can be found in the FWC’s Florida Wildlife Conservation Guide at http://myfwc.com/conservation/value/fwcg/.
Surveys shall be conducted prior to clearing and construction in accordance with the survey protocols. The results of those detailed surveys shall be provided to FWC in a report and coordination shall occur with the FWC on appropriate impact avoidance, minimization, permitting, or mitigation methodologies.
[Article IV, Section 9, Florida Constitution; Sections 379.2291, 403.50, and 403.5113(2), F.S.; Chapter 68A-27 and Rule 62-17.191, F.A.C.]
Specific Listed Species Surveys
Before land clearing and construction activities within a Certified Facility(ies) (SGS and SCCF) area to be impacted, the Licensee shall conduct an assessment for terrestrial listed species and shall note all habitat, occurrence, or evidence of listed species. Wildlife surveys shall be conducted in the reproductive or "active" season for each species that falls before the projected clearing activity schedule unless otherwise approved by the FWC. For species that are difficult to detect, the Licensee may make the assumption that the species is present and plan appropriate avoidance/mitigation measures after consultation with FWC. The Licensee will submit avoidance/mitigation measures for FWC post-certification review and approval at least 60 days prior to commencing clearing or construction activities with the surveyed area.
This survey shall be conducted in accordance with U.S. Fish and Wildlife Service (USFWS) or FWC guidelines and methodologies by a person or firm that is knowledgeable and experienced in conducting flora and fauna surveys for each potentially occurring listed species.
2 This survey shall identify locations of breeding sites, nests, and burrows for listed wildlife species. Nests and burrows may be recorded with global positioning system (GPS) coordinates, identified on an aerial photograph, and submitted with the final listed species report. Although nests and burrows may be recorded individually with GPS, the FWC prefers that any applicable protection radii surrounding groups of nest sites and burrows be included on a site-specific basis, rather than around individual nests and burrows, and be physically marked so that clearing and construction shall avoid impacting them.
3. This survey shall include an estimate of the acreage and percent cover of each existing vegetation community that is contained within the Certified Site (SGS and SCCF) area to be impacted prior to land clearing and construction activities using a geographic information system (GIS). Examples of such wildlife-based habitat classification schemes include Florida's State Wildlife Action Plan (FWC 20121) or the Natural Communities Guide (Florida Natural Areas Inventory 20102).
[Article IV, Section 9, Florida Constitution; Sections 379.2291, F.S.; Chapters 68A-4, 68A-16, 68A-27, and Rule 62-17.191, F.A.C.]
Where any suitable habitat or evidence is found of the presence of listed species, including but not limited to those specified in D and E below, within the Certified Site (SGS and SCCF) area to be impacted, the Licensee shall report those locations to, and confer with, the FWC to determine whether additional pre-clearing surveys are warranted, and to identify potential mitigation, or avoidance recommendations. If additional pre-clearing surveys are required by the FWC as appropriate and as specified in these Conditions of Certification, they shall occur in the reproductive season prior to the anticipated date for the start of construction within the Certified Site (SGS and SCCF) area to be impacted. The Licensee shall not
1 Florida Fish and Wildlife Conservation Commission. 2012. Florida’s State Wildlife Legacy Initiative: Florida’s State Wildlife Action Plan. Tallahassee, Florida.
2 Florida Natural Areas Inventory. 2010. Guide to the Natural Communities of Florida: 2010 edition. Florida Natural Areas Inventory, Tallahassee, Florida.
construct in areas where evidence of listed species was identified during the initial survey until the particular listed species issues have been resolved as follows:
Listed Wildlife Species: If listed wildlife species are found, their presence shall be reported to the DEP Siting Coordination Office, the appropriate DEP District Office(s), the FWC, USFWS, and other agencies as appropriate.
Species Management Plan: If total avoidance of state-listed wildlife species is not feasible, the Licensee shall consult with the FWC to determine the steps appropriate for the species involved to avoid, minimize, mitigate, or otherwise appropriately address potential impacts. For wildlife species, these steps shall be memorialized in a Wildlife Management Plan and submitted to the FWC for review and approval.
[Article JV, Section 9, Florida Constitution; Section 379.2291, F.S.; Chapter 68A-27 and Rule 62-17.191, F.A.C.]
The Licensee shall conduct surveys for gopher tortoise (Gopherus polyphmus), in accordance with the FWC-approved Gopher Tortoise Management Plan (as revised) and the FWC-approved Gopher Tortoise Permitting Guidelines, or subsequent FWC- approved versions of the Plan or Guidelines. A burrow survey covering a minimum of 15 percent of the potential gopher tortoise habitat to be impacted by development, including stating areas, is required in order to apply for a relocation permit. Immediately prior to capturing tortoises for relocation, a 100 percent survey is required to effectively locate and mark all potentially occupied tortoise burrows and to subsequently remove the tortoises. Burrow survey methods are outlined in Appendix 4 of the Gopher Tortoise Permitting Guidelines, “Methods for Locating Gopher Tortoise Burrows on Sites Slated for Development.” Surveys must be conducted as described in D.3 below. All surveys completed by authorized agents or other licensees are subject to field verification by FWC.
The Licensee is not required to provide a monitoring compliance assessment for activities that occur more than 25 feet from a gopher tortoise burrow entrance, provided that such activities do not harm gopher tortoises or violate rules protecting gopher tortoises. Examples of such violations noted in the past by the FWC include, but are not limited to, killing or injuring a tortoise more than 25 feet away from its burrow, harassing a tortoise by blocking access to its burrow, and altering gopher tortoise habitat to such an extent that resident tortoises are taken.
The Licensee shall coordinate with and provide the FWC detailed gopher tortoise relocation information in accordance with the FWC-approved Gopher Tortoise Management Plan and Gopher Tortoise Permitting Guidelines as a post-Certification submittal. This information shall provide details on the location for on-site recipient areas and any off-site FWC-approved temporary contiguous habitat, as well as appropriate mitigation contributions per tortoise, as outlined in the Gopher Tortoise Permitting Guidelines.
Any commensal species observed during the burrow excavations that are listed by the FWC shall be relocated in accordance with the applicable guidelines for that species in accordance with Appendix 9 of the Gopher Tortoise Permitting Guidelines.
To the maximum extent practicable or feasible, all staging and storage areas shall be sited to avoid impacts to gopher tortoise burrows and habitat.
[Article IV, Sec. 9, Florida Constitution; Sections 379.2291, 403.507, 403.526, and 403.5113, F.S.; Chapter 68A-27 and Rule 62-17.191, FA.C.]
The Licensee shall conduct pre-construction surveys for Sherman's fox squirrels and their nests. Sherman's fox squirrels typically nest between October and February and from April to August. Fox squirrels are known to use more than one nest and that nest use can vary over time. For accuracy, surveys shall be conducted within 60 days of clearing or construction. If fox squirrel nests are found onsite, a 125-foot buffer distance from the nest shall be maintained. If it will be necessary to remove a nest tree or work within 125 feet of a nest tree, the Licensee shall consult with the FWC to determine the steps appropriate to minimize, mitigate, or otherwise appropriately address potential impacts. Final Species Conservation Measures and Permitting Guidelines for the Sherman's fox squirrels can be found on the FWC website: http://myfwc.com/media/4105895/Final-Shermans-Fox-squirrel-Species-Guidelines- 2016.pdf.
[Article IV, Section 9, Florida Constitution; Section 379.2291; Rule 68A-27, F.A.C.]
DEPARTMENT OF STATE – DIVISION OF HISTORICAL RESOURCES
Any alterations associated with the reconfiguration of this site may need a survey determined in consultation with the Department of State, Division of Historical Resources (DHR). A qualified cultural resources consultant will identify an appropriate work plan for this project based on a thorough review of the Certified Facility. Prior to beginning any field work, the work plan will be reviewed in consultation with DHR. Upon completion of the survey, the results will be compiled into a report which shall be submitted to DHR. If feasible, sites considered to be eligible for the National Register shall be avoided during construction of the project and access roads, and subsequently during maintenance. If avoidance of any discovered sites is not feasible, impact shall be mitigated through archaeological salvage operations or other methods acceptable to DHR, as appropriate.
If historical or archaeological artifacts or features are discovered at any time within the Certified Site, the Licensee shall notify the appropriate DEP District office (s) and the DHR, R.A. Gray Building, 500 S. Bronough Street, Rm 423, Tallahassee, Florida 32399-0250, telephone number (850) 245-6333, and the Licensee shall consult with DHR to determine appropriate action.
[Sections 267.061, 403.531, and 872, F.S.]
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Only herbicides registered by the U.S. Environmental Protection Agency and the Florida Department of Agriculture and Consumer Services shall be used at Certified Facilities. Herbicide applications will be in accordance with label directions and will be carried out by a licensed applicator, in compliance with all federal, state and local regulations. Herbicide applications shall be selectively applied to targeted vegetation. Broadcast application of herbicide shall not be used unless effects on non-targeted vegetation are minimized.
[Chapter 487, F.S.]
The administration building and warehouse shall be constructed in compliance with applicable Putnam County Building Code. SECI will coordinate with Putnam County Building Division to reach a mutually agreeable process and timing for the inspection of the administration building and warehouse.
[Article 12, Section 12.02, Putnam County Code]
All applicable fees, as set forth in the Putnam County Fee schedule, resolution 2017-74, as may be amended from time to time, related to inspection of the administration building and warehouse shall be paid prior to occupation of the administration building and warehouse.
[Resolution 2017-74, Putnam County Board of County Commissioners]
All construction shall be in compliance with applicable Floodplain Management Regulations of Section 6.05 Putnam County Land Development Code.
[Article 6, Section 6.05, Putnam County Land Development Code]
The development of the Seminole Combined-Cycle Facility shall comply with the conditions and requirements of Seminole Electric Cooperative, Inc., Development Agreement executed March 14, 2017, Ordinance 2017-6.
[Ordinance 2017-6, Putnam County Board of County Commissioners]
Certification Issued (Units 1 & 2) 09/18/79; signed by Governor Graham Modified 10/12/88; signed by Secretary Twachtmann
Modified 03/26/91; signed by Secretary Browner Modified 10/14/92; signed by Secretary Browner Modified 11/25/92; signed by Secretary Browner Modified 03/02/95; signed by Secretary Wetherell Modified 05/12/97; signed by Secretary Wetherell Modified 02/01/00; signed by Deputy Secretary Green Modified 04/03/00, signed by Deputy Secretary Green Modified 07/05/05; signed by Siting Administrator Oven Modified 09/06/06; signed by Siting Administrator Oven
Certification Issued (Unit 3) 08/18/08, signed by Secretary Sole Modified 11/30/09; signed by Siting Administrator Halpin Modified 2/26/10; signed by Siting Administrator Halpin Modified 05/26/15: signed by Director Green
Modified X/X/XX: signed by Siting Administrator Mulkey
ATTACHMENT A: Certified Site/Areas/Facilities Delineation Map(s)
(Maps to certified Site to be inserted upon submittal)
Florida Department of Environmental Protection SGS Units 1 and 2 and SCCF Conditions of Certification PA78-10A3
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ATTACHMENT B: Surface Water Management System Operation and Maintenance Requirements
In accordance with Section 373.416(2), F.S., unless revoked or abandoned, all stormwater management systems, dams, impoundments, reservoirs, appurtenant works, or works permitted under Part IV of Chapter 373, F.S., must be operated and maintained in perpetuity. The operation and maintenance shall be in accordance with the designs, plans, calculations, and other specifications that are submitted with any amendment or modification and approved by the Department.
A registered professional must perform inspections annually after conversion of the project to the operation and maintenance phase to identify if there are any deficiencies in structural integrity, degradation due to insufficient maintenance, or improper operation of the stormwater management system or other surface water management systems that may endanger public health, safety, or welfare, or the water resources, and to insure that systems are functioning as designed and approved. Within 30 days of the inspection, a report shall be submitted electronically or in writing to the Department using Form 62-330.311(1), “Operation and Maintenance Inspection Certification”.
If deficiencies are found, SECI will be responsible for correcting the deficiencies so that the project is returned to the operational functions as designed and approved. The corrections must be done a timely manner to prevent compromises to flood protection and water quality.
If the operational maintenance and corrective measures are insufficient to enable the systems to meet the performance standards of this chapter, the SECI must either replace the systems or construct an alternative design.
SECI shall provide for periodic inspections in addition to the annual inspections, especially after heavy rain. It must maintain a record of each inspection, including the date of inspection, the name and contact information of the inspector, whether the system was functioning as designed and approved, and make such record available upon request of the Department. Within 30 days of any failure of any system or deviation from the permit, a report shall be submitted electronically or in writing to the Department using Form 62-330.311(1), “Operation and Maintenance Inspection Certification,” describing the remedial actions taken to resolve the failure or deviation.
SECI shall immediately notify the Department by telephone whenever a serious problem occurs at this facility. Notification shall be made to the Northeast District Office at (904) 256- 1700. Within 7 days of telephone notification, a report shall be submitted electronically or in writing to the Department using Form 62-330.311(1), “Operation and Maintenance Inspection Certification,” describing the extent of the problem, its cause, the remedial actions taken to resolve the problem.
The following operational maintenance activities shall be performed on approved systems on a regular basis or as needed:
Removal of trash and debris from the surface water management systems;
Inspection of culverts, culvert risers, pipes and screwgates for damage, blockage, excessive leakage or deterioration, if applicable;
Inspection of stormwater berms, if applicable;
Inspection of pipes for evidence of lateral seepage;
Inspection of flapgates for excessive backflow or deterioration, if applicable;
Removal of sediments when the storage volume or conveyance capacity of the surface water management system is below design levels;
Stabilization and restoration of eroded areas;
Inspection of pump stations for structural integrity and leakage of fuel or oil to the ground or surface water, if applicable; and,
Inspection of monitoring equipment, including pump hour meters and staff gauges, for damage and operational status, if applicable.
In addition to the practices listed above, specific operational maintenance activities are required, if applicable, depending on the type of approved system, as follows:
Overland flow systems shall include provisions for:
Mowing and removal of clippings; and,
Maintenance of spreader swales and overland flow areas to prevent channelization.
Spray irrigation systems for reuse/disposal shall include provisions for:
Inspection of the dispersal system, including the sprayheads or perforated pipe for damage or clogging; and,
Maintenance of the sprayfield to prevent channelization.
Treatment systems which incorporate isolated wetlands shall include provisions
for:
Stabilization and restoration of channelized areas; and,
Removal of sediments which interfere with the function of the wetland or
treatment system.
ATTACHMENT C: Mitigation Plans (if applicable)
ATTACHMENT D: Groundwater Monitoring Requirements
Solid Waste
Industrial Wastewater Ground Water Management Plan
Solid Waste Water Quality Monitoring Requirements
For Site Certification PA78-10A3, in accordance with Section B, conditions I.D.
During the period of operation authorized by the Site Certification, the Licensee shall sample ground
water at the test sites identified in item B.2 below in accordance with the Site Certification and the approved water quality monitoring plan prepared in accordance with Rules 62-701.510 and 62-520.600, F.A.C.
Test site Name | Supplemental Description of Monitoring Location | WACS Test site ID | Test site Type (MW,SW, leachate) | Well Type (BG, CO, DE) | Aquifer Monitored | Monitoring Frequency |
MW-3 | Existing FGD LF and Increment 1 | 29326 | MW | CO | Surficial | Semi-annual |
MW-5 | Existing FGD LF and Increment 1 | 29327 | MW | CO | Surficial | Semi-annual |
MW-7C | Existing FGD LF and Increment 1 | 29328 | MW | CO | Surficial | Semi-annual |
MW-18 | Increment 1 | 29329 | MW | DE | Surficial | Semi-annual |
MW-19 | Increment 1 | 29330 | MW | DE | Surficial | Semi-annual |
MW-20 | Increment 1 | 29331 | MW | DE | Surficial | Semi-annual |
MW-21 | Increment 1 | 29332 | MW | DE | Surficial | Semi-annual |
MW-22 | Increment 1 | 29333 | MW | DE | Surficial | Semi-annual |
[62-701.510 and 62-520.600, F.A.C.] Semi-annual = Twice per year
Figure 2. Seminole Electric Routine Solid Waste Test sites
Field Parameters | Laboratory Parameters |
Water Level Relative to NGVD | Aluminum |
pH | Arsenic |
Specific Conductance | Barium |
Dissolved Oxygen | Cadmium |
Temperature | Chromium |
Turbidity | Copper |
Colors and Sheens (by observation) | Iron |
Lead | |
Mercury | |
Nickel | |
Selenium | |
Vanadium | |
Sulfates | |
Total Dissolved Solids |
[62-701.510, 62-777, 62-520.600(11)(b), and 62-520.310(5), F.A.C.]
Analytical Data Reports. The Licensee shall submit all water quality sampling results according to the following schedule:
SAMPLE PERIOD | REPORT DUE DATE |
January – June | July 28 |
July – December | January 28 |
Guidance for Submitting Electronic Water Quality Monitoring Reports in ADaPT format
All solid waste water quality monitoring reports shall be submitted electronically, unless the Department indicates otherwise in writing. The ground water monitoring reports shall be submitted in Adobe pdf format. The ground water data Electronic Data Deliverable (EDD) shall be provided to the Department in an electronic format consistent with requirements for importing the data into the Department's databases. Unless otherwise approved by the Department, the ground water monitoring Electronic Data Deliverable (EDD) shall be compatible with software called Florida DEP Automated Data Processing Tool (ADaPT). A copy of this ADaPT software with installation instructions and EDD specifications can be downloaded from the following website address:
http://www.dep.state.fl.us/waste/categories/shw/pages/ADaPT.htm
Semi-annual water monitoring reports shall include the following:
Cover letter;
Chain of custody forms;
Water levels, water elevation table;
Ground Water Monitoring Report Certification, using the appropriate Department form;
Appropriate sampling information on Form FD 9000-24 (DEP-SOP-001/01); and,
Laboratory and Field EDDs and error logs, as applicable.
All solid waste water quality submittals in response to this specific condition shall be sent to:
Florida Department of Environmental Protection Northeast District Office 8800 Baymeadows Way West, Suite 100 Jacksonville, Florida 32256-7549 | Florida Department of Environmental Protection Solid Waste Program & Permitting 2600 Blair Stone Road, MS 4565 Tallahassee, Florida, 32399-2400 Email to: ADaPT.EDDs.and.Reports@dep.state.fl.us and |
[62-701.510 and 62-520.600(11)(b), F.A.C.] ADaPT EDDs
The ADaPT EDD consists of two electronic deliverables: (1) a Laboratory EDD, identified as swldd.txt; and (2) a Field EDD identified as swfdd.txt. The format for the Laboratory EDD and the Field EDD are described below. In addition, as explained in Section V, a copy of the Laboratory EDD shall be prepared in Adobe Portable Document Format (PDF) file by the laboratory.
The Laboratory EDD shall be submitted in a comma separated (.csv format) text file which can be produced through Excel. The Laboratory EDD file name format shall be: WACS Facility I.D. underscore Begin Sampling Date (yyyymm) underscore swldd.txt. The period at the end would not be included. For example, with WACS Facility I.D. # 12345 where sampling started in November and ended in December of 2008, the Laboratory EDD file name should be: 12345_200811_swldd.txt.
The Field EDD shall be submitted in the same comma separated (.csv format) text file as the Laboratory EDD. The Field EDD file name format shall be: WACS Facility I.D. underscore Begin Sampling Date (yyyymm) underscore swfdd.txt. Again, the period at the end is not included. For example, with WACS Facility I.D. # 12345 where sampling started in November and ended in December of 2008, the file name should be: 12345_200811_swfdd.txt
For confirmation sampling, add the term _conf to the EDD filenames as follows: 12345_200811_conf_swldd.txt for the Laboratory EDD or 12345_200811_conf_swfdd.txt for the Field EDD.
For data that is resubmitted, add _#, where # is the number of data submittals (greater than 1). For example, if the data was resubmitted for the first time, and was thus submittal number 2, then the EDD filenames would be as follows: 12345_200811_2_swldd.txt for the Laboratory EDD and 12345_200811_2_swfdd.txt for the Field EDD.
Finally, taking this to an extreme, if conformation data was resubmitted for say the 10th time, then the EDD filenames would be: 12345_200811_conf_10_swldd.txt for the Laboratory EDD or 12345_200811_conf_10_swfdd.txt for the Field EDD.
Process Required
Three steps are generally required. First, two copies of the Laboratory EDD, one in comma separated text format and one as a PDF file, must be submitted by the laboratory. A digitally "signed" PDF copy by the laboratory serves to maintain the integrity of the Laboratory EDD. In order to validate the QA/QC aspects of the Laboratory EDD, the Licensee shall ensure the laboratory processes the Laboratory EDD through ADaPT using both their laboratory specific library and the Department's Solid Waste Master library and corrects all critical errors and explains all non-critical errors prior to submittal.
Second, the appropriate entity (laboratory, consultant, or Licensee) shall process the Field EDD through ADaPT using the Department's Solid Waste Master library and correct all critical errors and explain all non-critical errors prior to submittal. Finally, as a completeness check, the Licensee or consultant shall process both the Laboratory EDD and the Field EDD through ADaPT and confirm a successful export to disk prior to submitting the Laboratory EDD, Field EDD and ADaPT error log(s) to the Department.
New/Replacement Well Requirements. In the event any monitoring well becomes damaged or inoperable, the Licensee shall notify the Department within two (2) days of discovery and shall submit a detailed written report within ten (10) days of notice. The written report shall detail the problem that has occurred and remedial measures that have been taken to prevent a recurrence. Damaged wells shall be repaired or replaced within 60 days. If a monitoring well is unable to be sampled during its normal time frame due to damage, it shall be sampled within 30 days of repair or replacement and its analysis shall be submitted to the Department within 60 days of repair or replacement. All monitoring well design and replacement shall be approved by the Department prior to installation. [62-520.600(6)(l) and 62-4.070(3), F.A.C.]
Monitor Well Completion Reports. One (1) electronic copy (Adobe pdf format) of the Monitoring Well Completion Report, Form 62-701.900(30), F.A.C., must be submitted to the Department within thirty
(30) days after installation of any new or replacement monitoring well(s). In addition, as-built well construction diagrams and soil boring logs that cover the entire depth of the monitoring well(s) must be submitted to the Department. [62-520.600(6)(j), F.A.C.] NOTE: The top of casing elevation of each well, to the nearest 0.01 feet, and the latitude and longitude of each well in degrees, minutes and seconds, to two (2) decimal places, must be determined and certified by a Florida Licensed Surveyor and Mapper and provided on the form. [62-701.510(3)(d)1 & 62-520.600(6)(i), F.A.C.]
One (1) electronic copy (Adobe pdf format) of a drawing must be submitted within sixty (60) days following monitoring well installation showing the location of all monitoring sites (active, abandoned, and Evaluation Monitoring), piezometers, water bodies and waste filled areas. The location of features on the drawing must be horizontally and vertically located by standard surveying techniques. The drawing shall include all monitoring well locations, each monitoring well name and identification (WACS) number, the top of casing, pad elevation, permanent benchmark(s) and/or corner monument marker(s) referenced to a nationally recognized datum (such as NGVD 1929 or NAVD 1988) to the nearest 0.01 feet. The latitude and longitude of each well in degrees, minutes and seconds, to two (2) decimal places, must be determined and provided on the drawing. The survey shall be conducted and certified by a Florida Licensed Surveyor and Mapper. [62-701.510(1)(c)&(3)(d)1, and 62-520.600(6)(i), F.A.C.]
If a monitoring well is being replaced or new wells are being added to an existing ground water monitoring plan, only the new wells need to be surveyed as long as all other monitoring wells in the monitoring plan have been surveyed and certified by a Florida Licensed Surveyor and Mapper and there is no reason to believe that the elevations have changed. The location and elevation determinations and the certification must be provided with the Monitoring Well Completion Report upon completion of each new well. [62-701.510(3)(d)1, F.A.C.]
Water Quality Monitoring Requirements. The Department must be notified in writing, hard copy or e- mail, at least fourteen (14) days prior to sampling of any monitoring well(s) so that the Department may collect split samples. [62-701.510(9)(a), F.A.C.]
Compliance with groundwater standards and/or criteria shall be determined by analysis of unfiltered groundwater samples, unless the requirements of Rule 62-520.310(5), F.A.C., are satisfied. Additional samples, wells, and parameters may be required based upon subsequent analyses.
The field testing, sample collection and preservation and laboratory testing, including quality control procedures, shall be in accordance with Chapter 62-160, F.A.C. Approved methods as published by the Department or as published in Standard Methods, ASTM, or EPA Methods shall be used. [62- 701.510(2)(b), F.A.C.]
The organization collecting samples at this site must use the Field and Laboratory Standard Operating Procedures (DEP-SOP-001/01) referenced in Chapter 62-160, F.A.C. The laboratory designated to conduct the chemical analyses must be certified by the Florida Department of Health Environmental Laboratory Certification Program (DOH ELCP). This Certification must be for the test method and analyte(s) that are reported. [62-160.210(1), 62-160.300(1), 62-701.510(2)(b), F.A.C. and DEP SOP FS 1008.]
NOTE: DEP-SOP-001/01 can be accessed at: http://www.dep.state.fl.us/water/sas/sop/sops.htm
The Licensee must ensure that the analytical laboratory conducting the analyses uses analytical methods capable of achieving detection limits at or below the Groundwater Cleanup Target Levels (GCTLs) or the Freshwater Surface Water Cleanup Target Levels (SWCTLs) in Table I, Chapter 62-777, F.A.C. except those listed in Table C of the “FDEP Guidance for the Selection of Analytical Methods and for the Evaluation of Practical Quantitation Limits dated 10/12/2004”. GCTLs and SWCTLs that are not water quality standards are used as screening tools and interim guidelines for ground water minimum criteria until standards are promulgated. [DEP SOP FM 1000]
If, at any time, analyses detect parameters which are significantly above background water quality, or which are at levels above the Department’s water quality standards or criteria specified in Chapter 62- 520, F.A.C., in the detection wells or at the edge of the Zone of Discharge, the Licensee may confirm the data by resampling the affected wells within thirty (30) days of receipt of the sampling data. Should the permittee choose not to resample, the Department will consider the water quality analysis as representative of current ground water conditions at the facility. If the data is confirmed, or if the permittee chooses not to resample, the permittee shall notify the Department within 14 days of this finding. [62-701.510(6)(a), F.A.C.]
If the resampling event detects parameters which are significantly above background water quality, or which are at levels above the Department’s water quality standards or criteria specified in Chapter 62- 520, F.A.C., the Licensee shall notify the Department in writing within 14 days of receipt of the sampling data. Confirmed data must be submitted to the Department within 60 days from completion of lab analyses, unless a different due date is approved. Use “CONF” (for confirmation data) in the report type column. [62-701.510(8)(a), F.A.C.]
Upon notification by the Department, the Licensee shall initiate evaluation monitoring in accordance with Rule 62-701.510(6)(a), F.A.C.
In addition to the above water quality reports, the Licensee shall provide an annual summary report containing the following:
Ground water contour maps and ground water flow analysis utilizing existing ground water monitoring well data from the wells listed in 2. above. Contour map information will be collected from the aforementioned ground water wells on a semi-annual basis;
A summary of exceedances and sampling problems, if any (e.g., variations from SOP filed criteria);
A trend analysis of any monitored parameters consistently detected;
An evaluation of the adequacy of the water quality monitoring frequency and sampling locations based on site conditions.
The annual report shall be provided to the Department within 90 days following the second semi-annual ground water data collection effort. The annual summary report shall be signed and sealed pursuant to Florida Statutes (F.S.) Chapters 471 and 492 which require that documents requiring the practice of professional engineering or professional geology, as described in Chapter 471 or 492, F.S., be signed and sealed by the professional(s) who prepared or approved them. This certification must be made by a licensed professional who is able to demonstrate competence in this subject area. [62-701.510(8)(a)9, F.A.C.]
Ground Water Contour Maps. Ground water elevation contour maps for each monitored aquifer zone must be submitted with contours at no greater than one foot intervals unless site specific conditions dictate otherwise. Ground water elevation contour map(s) should include monitoring well and piezometer locations, ground water elevation at each monitoring well or piezometer location referenced to a nationally recognized datum (such as NGVD 1929 or NAVD 1988), a bar scale, north arrow, ground water contour interval, date of measurement and ground water flow direction. The map(s) must incorporate adjacent and on-site surface water elevations where appropriate.
Zone of Discharge. The solid waste facilities shall not contaminate waters of the State (including both surface and ground waters) in excess of the standards and criteria of Chapters 62-302 and 62-520,
F.A.C. beyond the boundary of a zone of discharge extending horizontally from the edge of each solid waste landfill to the facility’s property line, and vertically to the bottom of the surficial aquifer. [62- 520.200(27)] [62-520.465] [62-701.510]
The following monitoring wells shall be sampled at the Industrial Wastewater sites:
Monitoring Well ID | Alternate Well Name and/or Description of Monitoring Location | Latitude | Longitude | Depth (Feet) | Aquifer Monitored | New or Existing | ||||
o | ' | " | o | ' | " | |||||
MWI-8R | Off northeast corner of coal pile area. | 29 | 44 | 15 | 81 | 38 | 14 | 40 | Surficial | Existing |
MWC-9 | Northwest of coal pile area, along western property line and US17. | 29 | 44 | 15 | 81 | 38 | 41 | 40 | Surficial | Existing |
MWI-10 | Northwest of coal pile area. | 29 | 44 | 7 | 81 | 38 | 36 | 40 | Surficial | Existing |
MWC-12 | Southwest of coal pile area. | 29 | 43 | 42 | 81 | 38 | 33 | 40 | Surficial | Existing |
MWI-14Aa | Southeast of percolation ponds. | 29 | 43 | 43 | 81 | 37 | 22 | 40 | Surficial | Existing |
MWI-14CR | Southeast of percolation ponds, next to MWI-14A. | 29 | 43 | 42 | 81 | 37 | 21 | 85 | Intermediate | Existing |
MWC-16R2 | North of percolation ponds and east of coal pile area, along eastern property line. | 29 | 44 | 6 | 81 | 37 | 26 | 40 | Surficial | Existing |
MWI-17C | East of percolation ponds. | 29 | 43 | 49 | 81 | 37 | 14 | 40 | Surficial | Existing |
MWI = Intermediate; MWC = Compliance
See Item 4 for additional monitoring requirements on this well.
[62-520.600(6)]
Figure 3. Industrial Wastewater Monitor Well Locations
Parameter | Compliance Well Limit | Units | Sample Type | Monitoring Frequency |
Water Level Relative to NGVD | Report | ft | In Situ | Annually |
Arsenic, Total | 10 | ug/L | Grab | Annually |
Beryllium, Total | 4 | ug/L | Grab | Annually |
Cadmium, Total | 5 | ug/L | Grab | Annually |
Chloride | Report | mg/L | Grab | Annually |
Parameter | Compliance Well Limit | Units | Sample Type | Monitoring Frequency |
Gross Alpha (excluding radon and uranium) | 15 | pCi/L | Grab | Annually |
Iron, Total | Report | ug/L | Grab | Annually |
pH | Report | s.u. | In Situ | Annually |
Specific Conductance | Report | umhos/cm | In Situ | Annually |
Sulfate | Report | mg/L | Grab | Annually |
Thallium, Total | 2 | ug/L | Grab | Annually |
Total Dissolved Solids | Report | mg/L | Grab | Annually |
Turbidity | Report | NTUs | In Situ | Annually |
Vanadium, Total | Report | ug/L | Grab | Annually |
[62-520.600(11)(b)] [62-520.310(5)] Annually = Once Per Year
Parameter | Compliance Well Limit | Units | Sample Type | Monitoring Frequency |
Water Level Relative to NGVD | Report | ft | In Situ | Quarterly |
Arsenic, Total | 10 | ug/L | Grab | Quarterly |
Beryllium, Total | 4 | ug/L | Grab | Quarterly |
Cadmium, Total | 5 | ug/L | Grab | Quarterly |
Chloride | Report | mg/L | Grab | Quarterly |
Gross Alpha (excluding radon and uranium) | 15 | pCi/L | Grab | Quarterly |
Iron, Total | Report | ug/L | Grab | Quarterly |
pH | Report | s.u. | In Situ | Quarterly |
Specific Conductance | Report | umhos/cm | In Situ | Quarterly |
Sulfate | Report | mg/L | Grab | Quarterly |
Thallium, Total | 2 | ug/L | Grab | Quarterly |
Total Dissolved Solids | Report | mg/L | Grab | Quarterly |
Turbidity | Report | NTUs | In Situ | Quarterly |
Vanadium, Total | Report | ug/L | Grab | Quarterly |
[62-520.600(11)(b)] [62-520.310(5)] Quarterly = Four Times Per Year
By December 31, 2020, and once every five years thereafter, the Licensee shall conduct an expanded sampling of monitoring well MWI-14A for the primary and secondary drinking water parameters included in Chapter 62-550, F.A.C., Tables 1, 4, and 6, (excluding asbestos), plus radium 226+228, turbidity, 2,3,7,8-TCDD (Dioxin), and PCBs. The analytical results from this expanded sampling shall be submitted to the DEP-NED Ground Water Section within 60 days following the sampling event. [62-520.600(5)(b)]
By December 31, 2019, and once every five years thereafter, the Licensee shall sample the wastewater discharges to the percolation ponds, or take samples from the ponds. The sampling shall be conducted on representative grab samples for the primary and secondary drinking water parameters included in Chapter 62-550, Tables 1, 4, and 6, (excluding asbestos), plus gross alpha (excluding radon and uranium), radium 226+228, turbidity, 2,3,7,8-TCDD (Dioxin), and PCBs. All analytical results from this expanded sampling shall be submitted to the DEP-NED Ground Water Section within 60 days following the sampling event. [62-520.600(3)]
Except for the expanded monitoring results in items 6 and 7, the Industrial Wastewater ground water monitoring results shall be submitted using the electronic DMR system(s) approved in writing by the Department and the Licensee shall electronically submit the completed DMR forms in accordance with the following schedule. Data submitted in electronic format is equivalent to data submitted on signed and certified paper DMR forms. Any hard copy DMRs shall be submitted on Part D of DEP Form 62- 620.910(10) to the address listed below. A facility specific version of this DEP DMR Form is included at the bottom of Attachment D-2.
SAMPLE PERIOD | FREQUENCY | REPORT DUE DATE |
January 1 – March 30 | Quarterly | April 28 |
April 1 – June 30 | Quarterly | July 28 |
July 1 – September 30 | Quarterly | October 28 |
October 1 – December 31 | Quarterly | January 28 |
January 1 – December 31 | Annually | January 28 |
Florida Department of Environmental Protection
Wastewater Compliance Evaluation Section, Mail Station 3551 Bob Martinez Center
2600 Blair Stone Road Tallahassee, Florida 32399-2400
[62-520.600(11)(b)][62-620.610(18)]
Groundwater samples shall be collected in accordance with DEP’s Standard Operating Procedures Manual for Field Sampling, and shall conform to the applicable Quality Assurance/Quality Control requirements of Chapter 62-160, F.A.C. [62-160]
The Licensee shall ensure that all monitor well samples are analyzed by a certified laboratory that meets the requirements of Chapter 62-160, F.A.C. Minimum detection limits shall be at or below the ground water standards and/or criteria. [62-160]
The Licensee shall give at least 72-hours notice to the DEP-NED Ground Water Section, prior to the installation of any monitoring wells detailed in the conditions. [62-520.600(6)(h)]
Prior to construction of new monitor wells, a soil boring shall be made at each well location in order to properly determine the well depth and screen interval. [62-520.600(6)(g)]
All monitor wells shall be constructed and developed in accordance with the DEP’s guidelines referenced in Chapter 62-520, F.A.C. and installed by a Florida licensed water well contractor. [62-520.600(3)]
Within 30 days after installation of a monitoring well, the Licensee shall submit to the DEP-NED Ground Water Section detailed information on the well's location and construction on DEP Form(s) 62-520.900(3), Monitoring Well Completion Report. [62-520.600(6)(j) and .900(3)]
All piezometers and monitor wells not part of the approved ground water monitoring plan are to be plugged and abandoned in accordance with Rule 62-532.500(4), F.A.C., unless future use is intended. [62- 532.500(5)]
If any monitoring well becomes damaged or cannot be sampled for some reason, the Licensee shall notify the DEP-NED Ground Water Section immediately and a written report shall follow within seven days detailing the circumstances and remedial measures taken or proposed. Repair or replacement of monitoring wells shall be approved in advance by the DEP-NED Ground Water Section. [62-520.600][62-4.070(3)]
If the concentration of a monitoring constituent in the natural background ground water quality is greater than the stated maximum, or in the case of pH is also less than the minimum, the representative background quality shall be the prevailing standard. [62-520.420(2)]
Water levels shall be recorded before evacuating each well for sample collection. Elevation references shall include the top of the well casing and land surface at each well site (NAVD allowable) at a precision of plus or minus 0.01 foot. [62-520.600(11)(c)]
Ground water monitor wells shall be purged prior to sampling to obtain representative samples. [62- 160.210]
Analyses shall be conducted on unfiltered samples, unless filtered samples have been approved by the DEP- NED Ground Water Section as being more representative of ground water conditions. [62-520.310(5)]
All correspondence, reports, plans, and summaries pertaining to Industrial Wastewater ground water monitoring, excluding the monitor well results for items 6, 7, and 9, shall be submitted to the DEP-NED Ground Water Section with an electronic copy to the DEP Siting Office mailbox. [62-4.070(3)]
The Industrial Wastewater sites shall not contaminate waters of the State (including both surface and ground waters) in excess of the limitations of Chapters 62-302 and 62-520, F.A.C. beyond the boundary of the established zone of discharge. The zone of discharge shall extend horizontal from the edge of the Industrial Wastewater sites to the facility’s property line, and vertically to the bottom of the surficial aquifer. [62-520.200(27)] [62-520.465]
Facility Name: Permit Number: County:
SGS Units 1 and 2 and SCCF
FL0036498 (SC # PA78-10A3)
Putnam
Monitoring Well ID: MWI-8R
Well Type: Intermediate Report Frequency: Annually Description: Program: Industrial\SC
Office: Northeast District Re-submitted DMR:
Parameter | PARM Code | Sample Measurement | Permit Requirement | Units | Sample Type | Monitoring Frequency | Detection Limits | Analysis Method | Sampling Equipment Used | Samples Filtered (L/F/N) |
Water Level Relative to NGVD | 82545 | Report | FEET | In-situ | Annual | |||||
Arsenic, Total | 01002 | Report | UG/L | Grab | Annual | |||||
Beryllium, Total | 01012 | Report | UG/L | Grab | Annual | |||||
Cadmium, Total | 01027 | Report | UG/L | Grab | Annual | |||||
Chloride (as Cl) | 00940 | Report | MG/L | Grab | Annual | |||||
Gross Alpha | 80045 | Report | PCI/L | Grab | Annual | |||||
Iron, Total | 01045 | Report | UG/L | Grab | Annual | |||||
pH | 00406 | Report | SU | In-situ | Annual | |||||
Specific Conductance | 00094 | Report | UMHOS/CM | Grab | Annual | |||||
Sulfate, Total | 00945 | Report | MG/L | Grab | Annual | |||||
Thallium, Total | 01059 | Report | UG/L | Grab | Annual | |||||
Total Dissolved Solids | 70295 | Report | MG/L | Grab | Annual | |||||
Turbidity | 82079 | Report | NTU | In-situ | Annual | |||||
Vanadium, Total | 01087 | Report | UG/L | Grab | Annual |
Monitoring Period From: Was the well purged before sampling? Yes No
To: _ Date Sample Obtained:
Time Sample Obtained:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, a nd complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
NAME/TITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT | SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT | TELEPHONE NO | DATE (yy/mm/dd) |
COMMENTS AND EXPLANATION (Reference all attachments here):
Facility Name: Permit Number: County:
SGS Units 1 and 2 and SCCF
FL0036498 (SC # PA78-10)
Putnam
Monitoring Well ID: MWC-9
Well Type: Compliance Report Frequency: Annually Description: See Location Map Program: Industrial\SC
Office: Northeast District Re-submitted DMR:
Monitoring Period From:
Was the well purged before sampling? Yes No
To:
Date Sample Obtained: _ Time Sample Obtained: _
Parameter | PARM Code | Sample Measurement | Permit Requirement | Units | Sample Type | Monitoring Frequency | Detection Limits | Analysis Method | Sampling Equipment Used | Samples Filtered (L/F/N) |
Water Level Relative to NGVD | 82545 | Report | FEET | In-situ | Annual | |||||
Arsenic, Total | 01002 | 10 | UG/L | Grab | Annual | |||||
Beryllium, Total | 01012 | 4 | UG/L | Grab | Annual | |||||
Cadmium, Total | 01027 | 5 | UG/L | Grab | Annual | |||||
Chloride (as Cl) | 00940 | Report | MG/L | Grab | Annual | |||||
Gross Alpha | 80045 | 15 | PCI/L | Grab | Annual | |||||
Iron, Total | 01045 | Report | UG/L | Grab | Annual | |||||
pH | 00406 | Report | SU | In-situ | Annual | |||||
Specific Conductance | 00094 | Report | UMHOS/CM | Grab | Annual | |||||
Sulfate, Total | 00945 | Report | MG/L | Grab | Annual | |||||
Thallium, Total | 01059 | 2 | UG/L | Grab | Annual | |||||
Total Dissolved Solids | 70295 | Report | MG/L | Grab | Annual | |||||
Turbidity | 82079 | Report | NTU | In-situ | Annual | |||||
Vanadium, Total | 01087 | Report | UG/L | Grab | Annual |
COMMENTS AND EXPLANATION (Reference all attachments here):
Facility Name: Permit Number: County:
SGS Units 1 and 2 and SCCF FL0036498 (SC # PA78-10A3)
Putnam
Monitoring Well ID: MWI-10
Well Type: Intermediate Report Frequency: Annually Description: See Location Map Program: Industrial\SC
Office: Northeast District Re-submitted DMR:
Monitoring Period From:
Was the well purged before sampling? Yes No
To:
Date Sample Obtained: _ Time Sample Obtained: _
Parameter | PARM Code | Sample Measurement | Permit Requirement | Units | Sample Type | Monitoring Frequency | Detection Limits | Analysis Method | Sampling Equipment Used | Samples Filtered (L/F/N) |
Water Level Relative to NGVD | 82545 | Report | FEET | In-situ | Annual | |||||
Arsenic, Total | 01002 | Report | UG/L | Grab | Annual | |||||
Beryllium, Total | 01012 | Report | UG/L | Grab | Annual | |||||
Cadmium, Total | 01027 | Report | UG/L | Grab | Annual | |||||
Chloride (as Cl) | 00940 | Report | MG/L | Grab | Annual | |||||
Gross Alpha | 80045 | Report | PCI/L | Grab | Annual | |||||
Iron, Total | 01045 | Report | UG/L | Grab | Annual | |||||
pH | 00406 | Report | SU | In-situ | Annual | |||||
Specific Conductance | 00094 | Report | UMHOS/CM | Grab | Annual | |||||
Sulfate, Total | 00945 | Report | MG/L | Grab | Annual | |||||
Thallium, Total | 01059 | Report | UG/L | Grab | Annual | |||||
Total Dissolved Solids | 70295 | Report | MG/L | Grab | Annual | |||||
Turbidity | 82079 | Report | NTU | In-situ | Annual | |||||
Vanadium, Total | 01087 | Report | UG/L | Grab | Annual |
COMMENTS AND EXPLANATION (Reference all attachments here):
Facility Name: Permit Number: County:
SGS Units 1 and 2 and SCCF FL0036498 (SC # PA78-10A3)
Putnam
Monitoring Well ID: MWC-12
Well Type: Compliance Report Frequency: Annually Description: See Location Map Program: Industrial\SC
Office: Northeast District Re-submitted DMR:
Monitoring Period From:
Was the well purged before sampling? Yes No
To: _ Date Sample Obtained: _
Time Sample Obtained: _
Parameter | PARM Code | Sample Measurement | Permit Requirement | Units | Sample Type | Monitoring Frequency | Detection Limits | Analysis Method | Sampling Equipment Used | Samples Filtered (L/F/N) |
Water Level Relative to NGVD | 82545 | Report | FEET | In-situ | Annual | |||||
Arsenic, Total | 01002 | 10 | UG/L | Grab | Annual | |||||
Beryllium, Total | 01012 | 4 | UG/L | Grab | Annual | |||||
Cadmium, Total | 01027 | 5 | UG/L | Grab | Annual | |||||
Chloride (as Cl) | 00940 | Report | MG/L | Grab | Annual | |||||
Gross Alpha | 80045 | 15 | PCI/L | Grab | Annual | |||||
Iron, Total | 01045 | Report | UG/L | Grab | Annual | |||||
pH | 00406 | Report | SU | In-situ | Annual | |||||
Specific Conductance | 00094 | Report | UMHOS/CM | Grab | Annual | |||||
Sulfate, Total | 00945 | Report | MG/L | Grab | Annual | |||||
Thallium, Total | 01059 | 2 | UG/L | Grab | Annual | |||||
Total Dissolved Solids | 70295 | Report | MG/L | Grab | Annual | |||||
Turbidity | 82079 | Report | NTU | In-situ | Annual | |||||
Vanadium, Total | 01087 | Report | UG/L | Grab | Annual |
COMMENTS AND EXPLANATION (Reference all attachments here):
Facility Name: Permit Number: County:
SGS Units 1 and 2 and SCCF FL0036498 (SC # PA78-10A3)
Putnam
Monitoring Well ID: MWI-14A
Well Type: Intermediate Report Frequency: Quarterly Description: See Location Map Program: Industrial\SC
Office: Northeast District Re-submitted DMR:
Parameter | PARM Code | Sample Measurement | Permit Requirement | Units | Sample Type | Monitoring Frequency | Detection Limits | Analysis Method | Sampling Equipment Used | Samples Filtered (L/F/N) |
Water Level Relative to NGVD | 82545 | Report | FEET | In-situ | Quarterly | |||||
Arsenic, Total | 01002 | Report | UG/L | Grab | Quarterly | |||||
Beryllium, Total | 01012 | Report | UG/L | Grab | Quarterly | |||||
Cadmium, Total | 01027 | Report | UG/L | Grab | Quarterly | |||||
Chloride (as Cl) | 00940 | Report | MG/L | Grab | Quarterly | |||||
Gross Alpha | 80045 | Report | PCI/L | Grab | Quarterly | |||||
Iron, Total | 01045 | Report | UG/L | Grab | Quarterly | |||||
pH | 00406 | Report | SU | In-situ | Quarterly | |||||
Specific Conductance | 00094 | Report | UMHOS/CM | Grab | Quarterly | |||||
Sulfate, Total | 00945 | Report | MG/L | Grab | Quarterly | |||||
Thallium, Total | 01059 | Report | UG/L | Grab | Quarterly | |||||
Total Dissolved Solids | 70295 | Report | MG/L | Grab | Quarterly | |||||
Turbidity | 82079 | Report | NTU | In-situ | Quarterly | |||||
Vanadium, Total | 01087 | Report | UG/L | Grab | Quarterly |
Monitoring Period From: Was the well purged before sampling? Yes No
To:
Date Sample Obtained: Time Sample Obtained:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
NAME/TITLE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED | SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED | TELEPHONE NO | DATE (yy/mm/dd) |
COMMENTS AND EXPLANATION (Reference all attachments here):
Facility Name: Permit Number: County:
SGS Units 1 and 2 and SCCF FL0036498 (SC # PA78-10A3)
Putnam
Monitoring Well ID: MWI-14CR
Well Type: Intermediate Report Frequency: Quarterly Description: See Location Map Program: Industrial\SC
Office: Northeast District Re-submitted DMR:
Monitoring Period From:
Was the well purged before sampling? Yes No
To:
Date Sample Obtained: _ Time Sample Obtained: _
Parameter | PARM Code | Sample Measurement | Permit Requirement | Units | Sample Type | Monitoring Frequency | Detection Limits | Analysis Method | Sampling Equipment Used | Samples Filtered (L/F/N) |
Water Level Relative to NGVD | 82545 | Report | FEET | In-situ | Quarterly | |||||
Arsenic, Total | 01002 | Report | UG/L | Grab | Quarterly | |||||
Beryllium, Total | 01012 | Report | UG/L | Grab | Quarterly | |||||
Cadmium, Total | 01027 | Report | UG/L | Grab | Quarterly | |||||
Chloride (as Cl) | 00940 | Report | MG/L | Grab | Quarterly | |||||
Gross Alpha | 80045 | Report | PCI/L | Grab | Quarterly | |||||
Iron, Total | 01045 | Report | UG/L | Grab | Quarterly | |||||
pH | 00406 | Report | SU | In-situ | Quarterly | |||||
Specific Conductance | 00094 | Report | UMHOS/CM | Grab | Quarterly | |||||
Sulfate, Total | 00945 | Report | MG/L | Grab | Quarterly | |||||
Thallium, Total | 01059 | Report | UG/L | Grab | Quarterly | |||||
Total Dissolved Solids | 70295 | Report | MG/L | Grab | Quarterly | |||||
Turbidity | 82079 | Report | NTU | In-situ | Quarterly | |||||
Vanadium, Total | 01087 | Report | UG/L | Grab | Quarterly |
COMMENTS AND EXPLANATION (Reference all attachments here):
Facility Name: Permit Number: County:
SGS Units 1 and 2 and SCCF FL0036498 (SC # PA78-10A3)
Putnam
Monitoring Well ID: MWC-16R2
Well Type: Compliance Report Frequency: Quarterly Description: See Location Map Program: Industrial\SC
Office: Northeast District Re-submitted DMR:
Monitoring Period From:
Was the well purged before sampling? Yes No
To:
Date Sample Obtained: _ Time Sample Obtained: _
Parameter | PARM Code | Sample Measurement | Permit Requirement | Units | Sample Type | Monitoring Frequency | Detection Limits | Analysis Method | Sampling Equipment Used | Samples Filtered (L/F/N) |
Water Level Relative to NGVD | 82545 | Report | FEET | In-situ | Quarterly | |||||
Arsenic, Total | 01002 | 10 | UG/L | Grab | Quarterly | |||||
Beryllium, Total | 01012 | 4 | UG/L | Grab | Quarterly | |||||
Cadmium, Total | 01027 | 5 | UG/L | Grab | Quarterly | |||||
Chloride (as Cl) | 00940 | Report | MG/L | Grab | Quarterly | |||||
Gross Alpha | 80045 | 15 | PCI/L | Grab | Quarterly | |||||
Iron, Total | 01045 | Report | UG/L | Grab | Quarterly | |||||
pH | 00406 | Report | SU | In-situ | Quarterly | |||||
Specific Conductance | 00094 | Report | UMHOS/CM | Grab | Quarterly | |||||
Sulfate, Total | 00945 | Report | MG/L | Grab | Quarterly | |||||
Thallium, Total | 01059 | 2 | UG/L | Grab | Quarterly | |||||
Total Dissolved Solids | 70295 | Report | MG/L | Grab | Quarterly | |||||
Turbidity | 82079 | Report | NTU | In-situ | Quarterly | |||||
Vanadium, Total | 01087 | Report | UG/L | Grab | Quarterly |
COMMENTS AND EXPLANATION (Reference all attachments here):
Facility Name: Permit Number: County:
SGS Units 1 and 2 and SCCF FL0036498 (SC # PA78-10A3)
Putnam
Monitoring Well ID: MWI-17C
Well Type: Intermediate Report Frequency: Quarterly Description: See Location Map Program: Industrial\SC
Office: Northeast District Re-submitted DMR:
Monitoring Period From:
Was the well purged before sampling? Yes No
To:
Date Sample Obtained: _ Time Sample Obtained: _
Parameter | PARM Code | Sample Measurement | Permit Requirement | Units | Sample Type | Monitoring Frequency | Detection Limits | Analysis Method | Sampling Equipment Used | Samples Filtered (L/F/N) |
Water Level Relative to NGVD | 82545 | Report | FEET | In-situ | Quarterly | |||||
Arsenic, Total | 01002 | Report | UG/L | Grab | Quarterly | |||||
Beryllium, Total | 01012 | Report | UG/L | Grab | Quarterly | |||||
Cadmium, Total | 01027 | Report | UG/L | Grab | Quarterly | |||||
Chloride (as Cl) | 00940 | Report | MG/L | Grab | Quarterly | |||||
Gross Alpha | 80045 | Report | PCI/L | Grab | Quarterly | |||||
Iron, Total | 01045 | Report | UG/L | Grab | Quarterly | |||||
pH | 00406 | Report | SU | In-situ | Quarterly | |||||
Specific Conductance | 00094 | Report | UMHOS/CM | Grab | Quarterly | |||||
Sulfate, Total | 00945 | Report | MG/L | Grab | Quarterly | |||||
Thallium, Total | 01059 | Report | UG/L | Grab | Quarterly | |||||
Total Dissolved Solids | 70295 | Report | MG/L | Grab | Quarterly | |||||
Turbidity | 82079 | Report | NTU | In-situ | Quarterly | |||||
Vanadium, Total | 01087 | Report | UG/L | Grab | Quarterly |
COMMENTS AND EXPLANATION (Reference all attachments here):
The DMR consists of four parts--A, B, C, and D--all of which may or may not be applicable to every facility. Facilities may have one or more Part A’s for reporting effluent data. All domestic wastewater facilities will have a Part B for reporting daily sample results. Part C is only applicable for domestic wastewater facilities with limited wet weather discharges permitted under Chapter 62-610.860, F.A.C. Part D is used for reporting ground water monitoring well data.
Hard copies and/or electronic copies of the required parts of the DMR were provided with the permit. All required information shall be typed or printed in ink.
In addition to filling in numerical results on various parts of the DMR, the following codes should be used and an explanation provided where appropriate. Note: Codes used by the lab for raw data may be different.
CODE | DESCRIPTION/INSTRUCTIONS | CODE | DESCRIPTION/INSTRUCTIONS | |
ANC | Analysis not conducted. | NOD | No discharge from/to site. | |
DRY | Dry Well | OPS | Operations were shutdown so no sample could be taken. | |
FLD | Flood disaster. | OTH | Other. Please enter an explanation of why monitoring data were not available. | |
IFS | Insufficient flow for sampling. | SEF | Sampling equipment failure. | |
LS | Lost sample. | TNTC | Too numerous too count (for fecal coliform bacteria only). | |
MNR | Monitoring not required this period since limit is conditional. |
When reporting analytical results that fall below a laboratory’s reported method detection limits or practical quantification limits, the following instructions and code should be used:
CODE | DESCRIPTION/INSTRUCTIONS |
< | If the sampled value is less than the method detection limit (MDL), enter a less than sign followed by the laboratory’s MDL value, e.g. < 0.001. In cases where a laboratory reports a value which is less than the parameter’s practical quantification limit (PQL), but, not less than the MDL, the value should be reported as the laboratory’s MDL value. For example, where the MDL = 0.001, the PQL = 0.005 and the laboratory reports <0.005 (the PQL), the value of 0.001 should be reported on the DMR. |
PART A -DISCHARGE MONITORING REPORT (DMR)
Part A of the DMR is comprised of one or more sections, each having its own header information. Facility information is preprinted in the header as well as the monitoring group number, whether the limits and monitoring requirements are interim or final, and the required submittal frequency (e.g. monthly, annually, quarterly, etc.) Submit Part A based on the required reporting frequency in the header and the instructions shown in the permit. The following blanks in the header should be completed by the permittee or authorized representative:
No Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data or codes to be entered for all of the parameters on the DMR for the entire monitoring group number. If there was no discharge of effluent for a particular outfall, reuse, or land application system and the DMR monitoring group includes other monitoring locations (e.g., influent sampling); the “NOD” code should be used to individually denote those parameters for which there was no discharge.
Monitoring Period: Enter the month, day, and year for the first and last day of the monitoring period (i.e. the month, the quarter, the year, etc.) during which the data on this report were collected and analyzed.
Sample Measurement: Before filling in sample measurements in the table, check to see that the data collected correspond to the limit indicated on the DMR (i.e. interim or final) and that the data correspond to the monitoring group number in the header. Enter the data or calculated results for each parameter on this row. Be sure the result being entered corresponds to the appropriate statistical base code (e.g. annual average, monthly average, single sample maximum, etc.).
No. Ex.: Enter the number of sample measurements during the monitoring period that exceeded the permit limit for each parameter. If none, enter zero.
Frequency of Analysis: The shaded areas in this column contain the minimum number of times the measurement is required to be made according to the permit. Enter the actual number of times the measurement was made in the space above the shaded area.
Sample Type: The shaded areas in this column contain the type of sample (e.g. grab, composite, continuous) required by the permit. Enter the actual sample type that was taken in the space above the shaded area.
Signature: This report must be signed in accordance with Rule 62-620.305, F.A.C. Type or print the name and title of the signing official. Include the telephone number where the official may be reached in the event there are questions concerning this report. Enter the date when the report is signed.
Comment and Explanation of Any Violations: Use this area to explain any exceedances, any upset or by-pass events, or other items which require explanation. If more space is needed, reference all attachments in this area.
PART B - DAILY SAMPLE RESULTS
Monitoring Period: Enter the month, day, and year for the first and last day of the monitoring period (i.e. the month, the quarter, the year, etc.) during which the data on this report were collected and analyzed.
Daily Monitoring Results: Record the results of daily monitoring for the parameters required to be sampled by your permit. Record the data in the units indicated. Add the results to get the Total and divide by the number of days in the month to get the Monthly Average.
Plant Staffing: List the name, certificate number, and class of all state certified operators operating the facility during the monitoring period. Use additional sheets as necessary.
PART C - LIMITED WET WEATHER DISCHARGE
This part is to be completed and submitted each month reclaimed water or effluent is discharged by a limited wet weather discharge permitted under Rule 62-610.860, F.A.C. For months with no discharge, Part C need not be submitted. All information is to be provided for each day on which the limited wet weather discharge was activated.
Month/Year: Enter the month and year during which the data on this report were collected and analyzed.
Rainfall Information: Enter the name and location of the rainfall gauging station, the source of climatological (normal rainfall) data, the cumulative rainfall for the average rainfall year, and the cumulative rainfall to date for this calendar year. The cumulative rainfall for the average rainfall year is the amount of rain, in inches, which falls during an average rainfall year from January through the month for which this part contains data. The cumulative rainfall to date for this calendar year is the total amount of rain, in inches, that has been recorded since January 1 of the current year through the month for which this DMR contains data.
Date: Enter the date on which the discharge occurred.
Duration of Discharge: Enter the number of hours, to the nearest 0.1 of an hour (0.1 hr. = 6 min.) during each day of discharge that reclaimed water was actually discharged to surface waters.
Gallons Discharged: Enter the quantity in millions of gallons of reclaimed water discharged during the period shown in duration of discharge. Show the units as millions of gallons (mg), accurate to the nearest 0.01.
Average Discharge Flow Rate: Divide gallons discharged by duration of discharge (converted into days). Record in million gallons per day (MGD).
Average Upstream Flow Rate: Enter the average flow rate in the receiving stream upstream from the point of discharge for the period shown in duration of discharge. The average flow rate can be calculated based on two measurements; one made at the start and one made at the end of the discharge period. Measurements are to be made at the upstream gauging station described in the permit.
Stream Dilution Factor: Enter the actual stream dilution ratio accurate to the nearest 0.1. To calculate the factor, divide the average upstream flow rate by the average discharge flow rate.
CBOD5: Enter the average CBOD5 of the reclaimed water discharged during the period shown in duration of discharge.
TKN: Enter the average TKN of the reclaimed water discharged during the period shown in duration of discharge.
Total P: Enter the cumulative number of days since January 1 of the current year during which the limited wet weather discharge was activated divided by the total number of days since January 1 of the current year multiplied by 100%.
Reason for Discharge: Provide a brief explanation of the factors contributing to the need to activate the limited wet weather discharge.
PART D - GROUND WATER MONITORING REPORT
Monitoring Period: Enter the month, day, and year for the first and last day of the monitoring period (i.e. the month, the quarter, the year, etc.) during which the data on this report were collected and analyzed.
Date Sample Obtained: Enter the date the sample was taken. Also, check whether or not the well was purged before sampling.
Time Sample Obtained: Enter the time the sample was taken.
Sample Measurement: Record the results of the analysis. If the result was below the minimum detection limit, indicate that.
Detection Limits: Record the detection limits of the analytical methods used.
Analysis Method: Indicate the analytical method used. Record the method number from Chapter 62-160 or Chapter 62-601, F.A.C., or from other sources.
Sampling Equipment Used: Indicate the procedure used to collect the sample (e.g. airlift, bucket/bailer, centrifugal pump, etc.)
Samples Filtered: Indicate whether the sample obtained was filtered by laboratory (L), filtered in field (F), or unfiltered (N).
Signature: This report must be signed in accordance with Rule 62-620.305, F.A.C. Type or print the name and title of the signing official. Include the telephone number where the official may be reached in the event there are questions concerning this report. Enter the date when the report is signed.
Comments and Explanation: Use this space to make any comments on or explanations of results which are unexpected. If more space is needed, reference all attachments in this area.
ATTACHMENTS
ATTACHMENT E: Seminole Generating Station Landfill Operation Plan
(To be inserted upon submittal)
Florida Department of Environmental Protection SGS Units 1 and 2 and SCCF Conditions of Certification PA78-10A3
| Issue Date | Document | Summary |
|---|---|---|
| Jul. 27, 2018 | Agency Final Order |
