HomeMy WebLinkAbout07.d EDB Consent Order for First America Products EXECUTIVE SUMMARY
AGENDA ITEM:
Proposed Consent Order for First America Products
Date: August 1, 2024
BACKGROUND:
Clay County Utility Authority(CCUA)is the regulatory Control Authority of three(3)commercial
customers,known as Industrial Users(IUs), in the Industrial Pretreatment Program. As the Control
Authority,CCUA is responsible for administering and enforcing CCUA's Pretreatment Resolution
No. 2021/2022-05 (Resolution), and Rule 62-725, Florida Administrative Code (F.A.C.).
One (1) of the three (3) IUs is First America Products, a nutritional supplement manufacturer that
discharges its industrial wastewater, consisting primarily of tank washdown, into CCUA's
collection system. On December 14, 2023, First America Products discharged a large amount of
heavily colored wastewater to CCUA's collection system. The red slug of wastewater was visible
to Miller Street Wastewater Treatment Facility Operators when it entered the plant at the
headworks. (A slug discharge is any discharge of a non-routine, episodic nature, including but not
limited to an accidental spill or a non-customary batch discharge.)
Discharging heavily colored water to CCUA's collection system is a violation of the Resolution
and Rule 62-725, F.A.C. A Consent Order was drafted and issued to First America Products as
formal enforcement to resolve the violation.
The Consent Order documents the violation, orders corrective actions that, once implemented by
the IU, will help to prevent future violations of the same nature, and recovers costs incurred by
CCUA during the investigation of the violation.
First America Products' owner agreed to the terms and signed the Consent Order on July 18, 2024.
RECOMMENDATION:
Staff requests approval of the Consent Order and the Executive Director's counter signature to
finalize the document and establish the effective date of the corrective actions.
ATTACHMENTS:
Consent Order
//HW(Author)
//DM,AB(Review)
//JDJ(Final)
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CONSENT ORDER
This Consent Order ("Order") is entered into between Clay County Utility Authority
("CCUA") and First America Products ("Respondent"), to reach settlement of certain matters at
issue between CCUA and the Respondent.
CCUA finds and Respondent admits the following:
1. CCUA is the Control Authority having the power and duty to protect the public,
the environment, and its workers and to administer and enforce the provisions of CCUA's
Pretreatment Resolution No. 2021/2022-05. CCUA has jurisdiction over the matters addressed in
this order.
2. Respondent is the owner and is responsible for the operation of First America
Products, a nutritional supplement manufacturer that discharges its industrial wastewater,
consisting primarily of tank washdown ("Facility"), into CCUA's collection system. Respondent
operates the Facility under CCUA Wastewater Discharge Permit — MS 19-04 which was issued
April 30, 2024, and will expire on April 29, 2029 ("Permit"). The facility is located at 153
Industrial Loop South, Orange Park, in Clay County, Florida ("Property"). Respondent owns the
Property on which the Facility is located.
3. CCUA finds the following violations occurred in association with the December
14, 2023, discharge of industrial wastewater from Respondent's facility into CCUA's collection
system:
a) Respondent failed to submit an Accidental Discharge Report, as required
by Part 3.D. of Permit;
b) Respondent failed to comply with all conditions, as required by Part 5.A.2.
of Permit;
c) Respondent failed to mitigate the discharge, as required by Part 5.A.3. of
Permit;
d) Respondent discharged wastewater to the sewer system containing color,
which is not removed in the treatment processes, in violation of Part 5.A.13.1. of Permit;
e) Respondent failed to notify CCUA within 24 hours of becoming aware of
the upset in operations that placed the permittee in a temporary state of noncompliance, as required
by Part 5.D.6 of Permit.
Having reached a resolution of the matter, Respondent and CCUA mutually agree, and it
is
ORDERED:
4. Respondent shall comply with the following corrective actions within the stated
time periods:
a) Upon the effective date of this Order, Respondent shall comply with all
conditions of Wastewater Discharge Permit MS 19-04 and the Accidental Discharge Plan;
b) Within 30 days of the effective date of this Order, Respondent shall submit
to CCUA a written Standard Operating Procedure (SOP) that addresses slug discharge prevention
during the nutritional product supplement manufacturing process, product packaging, batch tank
cleaning, and scheduled maintenance or repairs to ensure no color is imparted to CCUA's
wastewater systems. The SOP shall include annual staff training on the current First America
Products Wastewater Discharge Permit, the Accidental Slug Discharge Plan, and emergency
response actions necessary, should an accidental slug discharge occur in the future. The submitted
SOP shall be implemented upon CCUA review and approval of the document. The SOP shall be
reviewed regularly and updated as processes and staff changes are implemented. Revised SOPs
shall be available during inspections and submitted to CCUA upon request.
5. Respondent's completion of all corrective actions required by paragraphs four
within the respective deadlines specified thereunder shall constitute full compliance with
Wastewater Discharge Permit MS 19-04.
6. Within 30 days of the effective date of this Order, Respondent shall pay CCUA
$794.25 for laboratory costs incurred during the investigation of this matter. Civil penalties in the
amount of$2,000.00 were initially assessed, but later revoked, due to the Respondent recently
installing a totalizing flow meter and associated appurtenances at a cost of$18,000.00.
7. Respondent agrees to pay CCUA stipulated penalties in the amount of$100.00 per
day for every day Respondent fails to timely comply with any requirements of paragraphs four
and five of this Order. CCUA may demand stipulated penalties at any time after violations occur.
Respondent shall pay stipulated penalties owed within 30 days of CCUA's issuance of written
demand for payment and shall do so as further described in paragraph nine, below. Nothing in
this paragraph shall prevent CCUA from filing suit to specifically enforce any terms of this Order.
Any stipulated penalties assessed under this paragraph shall be in addition to the civil penalties
agreed to in paragraph seven of this Order.
8. All submittals and payments required by this Order shall be sent to the
Environmental Compliance Department, Clay County Utility Authority, 3176 Old Jennings
Road, Middleburg, FL 32068.
9. Respondent shall allow all authorized representatives of CCUA access to the
Facility and Property at reasonable times for the purpose of determining compliance with the terms
of this Order and the Permit.
10. In the event of a sale or conveyance of the Facility or of the Property upon which
the Facility is located, if all of the requirements of this Order have not been fully satisfied,
Respondent shall, at least 30-days prior to sale or conveyance of the facility or property, (a)notify
CCUA of such sale or conveyance, (b) provide the name and address of the purchaser, operator,
or person(s) in control of the Facility, and (c) provide a copy of this Order with all attachments to
the purchaser, operator, or person(s) in control of the Facility. The sale or conveyance of the
Facility or the Property does not relieve Respondent of the obligations imposed in this Order.
11. If any event, including administrative or judicial challenges by third parties
unrelated to Respondent, occurs which causes delay or the reasonable likelihood of delay in
complying with the requirements of this Order, Respondent shall have the burden of proving the
delay was or will be caused by circumstances beyond the reasonable control of Respondent and
could not have been or cannot be overcome by Respondent's due diligence. Neither economic
circumstances nor the failure of a contractor, subcontractor, materialman, or other agent
(collectively referred to as "contractor") to whom responsibility for performance is delegated to
meet contractually imposed deadlines shall be considered circumstances beyond the control of
Respondent (unless the cause of the contractor's late performance was also beyond the
contractor's control). Upon occurrence of an event causing delay, or upon becoming aware of a
potential for delay, Respondent shall notify the Department by the next working day and shall,
within seven calendar days notify the Department in writing of (a) the anticipated length and
cause of the delay, (b) the measures taken or to be taken to prevent or minimize the delay, and
(c) the timetable by which Respondent intends to implement these measures. If the parties can
agree that the delay or anticipated delay has been or will be caused by circumstances beyond the
reasonable control of Respondent, the time for performance hereunder shall be extended. The
agreement to extend compliance must identify the provision or provisions extended, the new
compliance date or dates,and the additional measures Respondent must take to avoid or minimize
the delay, if any. Failure of Respondent to comply with the notice requirements of this paragraph
in a timely manner constitutes a waiver of Respondent's right to request an extension of time for
compliance for those circumstances.
I RESP •
Suraj lu a Date
Mana mg Member
DONE AND ORDERED this day of , 2024, in Clay County, Florida.
CLAY COUNTY UTILITY AUTHORITY
Jeremy D. Johnston, MBA, PE
Executive Director