R15-145 1 RESOLUTION NO. R15 -145
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, APPROVING AND AUTHORIZING THE CITY
4 MANAGER TO SIGN A CONSENT ORDER WITH THE FLORIDA
5 DEPARTMENT OF HEALTH PALM BEACH COUNTY FOR THE
6 ; PURPOSE OF PRESCRIBING CERTAIN MUNICIPAL REPAIRS
7 ( TO THE LANDFILL OWNED BY THE CITY AND PROVIDING
8 j AN EFFECTIVE DATE.
9 EE WHEREAS, the City of Boynton Beach began operating a landfill during the 1950s;
10 and
11 WHEREAS, the landfill was used to dispose City generated municipal waste until the
12 late 1970s and remained open for landscape waste until approximately 1985; and
13 WHEREAS, beginning in 1985, through appropriate permitting with the Health
14 Department, the City took steps to obtain approved closure of the landfill in 1992 which
15 closure required an additional 20 years of monitoring the sub - surface ground water
16 conditions; and
17 WHEREAS, the Consent Order with the Florida Department of Health Palm Beach
18 County stipulates landfill cover improvements required in order to continue toward a
19 permanent closure of the landfill and release from all future public oversight of the landfill;
1
20 and
21 WHEREAS, the City Commission of the City of Boynton Beach, upon
22 recommendation of staff and the CRA Board, deems it to be in the best interests of the
23 residents and citizens of the City of Boynton Beach to approve and authorize the City
24 Manager to sign a Consent Order with the Florida Department of Health Palm Beach County
25 for the purpose of prescribing certain municipal repairs to the landfill owned by the City.
S: \CC \WP\Resolutions\2015\R15 -145 - Dept_Of Health_Consent_Order.Docx
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. Each Whereas clause set forth above is true and correct and
29 incorporated herein by this reference.
30 Section 2. The City Commission of the City of Boynton Beach, Florida does
31 hereby approve and authorize the City Manager to sign a Consent Order with the Florida
32 Department of Health Palm Beach County for the purpose of prescribing certain municipal
33 repairs to the landfill owned by the City, a copy of said Consent Order is attached hereto as
34 Exhibit "A ".
35 ' Section 3. That this Resolution shall become effective immediately upon passage.
36 PASSED AND ADOPTED this 1 day of December, 2015.
37 CITY OF BOYNTON BEACH, FLORIDA
38 YES NO
39
40 Mayor — Jerry Taylor
41
42 ' Vice Mayor — Joe Casello ✓
43
44 Commissioner — David T. Merker t/
45
46 Commissioner — Mack McCray
47
48 ' Commissioner — Michael M. Fitzpatrick
49
50
51 VOTE J� —U
52 ATTEST:
53
54
55 t 171 . Pf
56 J e MMC
58 i
59 e
60 ( "" . ora Seal)
ti T 0N �
S: \CC \WP\Reso utions\2015\R15 -145 - Dept_Of Health_Consent_Order.Docx
P i5 -i4
BEFORE THE STATE OF FLORIDA
FLORIDA DEPARTMENT OF HEALTH PALM BEACH COUNTY
FLORIDA DEPARTMENT OF HEALTH ) IN THE OFFICE OF THE FLORIDA
PALM BEACH COUNTY ) DEPARTMENT OF HEALTH PALM
BEACH COUNTY
)
v. ) CASE /FILE NO. SW -15 -08
CITY OF BOYNTON BEACH )
)
CONSENT ORDER
This Consent Order ( "Order ") is entered into between the Florida Department of Health
Palm Beach County ( "Health Department ") and City of Boynton Beach ( "Respondent ") to
reach settlement of certain matters at issue between the Health Department and Respondent.
The Health Department finds and Respondent admits the following:
1. Pursuant to Chapter 62 -701, F.A.0 and 403 F.S., the Florida Department of
Environmental Protection (DEP) has compliance and enforcement jurisdiction under the
provisions of Chapter 403 of the Florida Statutes (F.S.) and Chapters 62 -4, and 62 -701 of the
Florida Administrative Code (F.A.C.). However, in accordance with Section 403.182, F.S., DEP
recognizes the Health Department as the approved local solid waste program in Palm Beach
County. As such, DEP and the Health Department have entered into a Specific Operating
Agreement that authorizes the Health Department to enforce Solid Waste regulations for this
type of solid waste management facilities located in Palm Beach County.
2. Respondent is a "person" within the meaning of Sections 403.031(5) and
403.703(22), F.S.
3. On February 28, 1992, Respondent completed the closure of the facility in
accordance with the approval of the Florida Department of Environmental Protection, which
required a final landfill cover consisting of six inches of liner bedding material, a 20 mm
Synthetic membrane liner, 12 inches of sand and six inches of top soil, seed, and mulch.
Mission: Ron DeSantis
Governor
To protect,promote&improve the health
of all people in Florida through integrated Scott A. Rivkees, MD
state,county&community efforts. HEALTH
State Surgeon General
P.n t leach county
Vision:To be the Healthiest State in the Nation
August 28, 2019
Lori LaVerriere
The City of Boynton Beach
Office of the City Manager
3301 Quantum Boulevard, Ste. 101
Boynton Beach, Florida 33426
RE: Consent Order SW-15-08; Final Resolution for Violations Occurring at the Boynton Beach
Landfill under Permit No. 124522-004-SF, Boynton Beach, Florida (WACS No. 65868)
Dear Ms. LaVerriere:
The Florida Department of Health Palm Beach County (Health Department) acknowledges that the City
of Boynton Beach has complied with the conditions of the above-referenced Consent Order (enclosed)
resolving the violations referenced in CO SW-15-08. The Health Department, therefore, is closing its
enforcement case in this matter.
Your cooperation has been appreciated. If you have any questions regarding compliance issues,
please contact us at 561-837-5978, and our staff will be more than happy to assist you.
Sincerely,
For the Division Director,
Environmental Public Health
. VV ^ ��� ,
Laxmana Tallam, P.E
Environmental Administrator
Air and Waste Section
RECEIVED
cc: SEP 04 2019
enclosure: Executed Consent Order SW-15-08
CITY MANAGER'S OFFICE
LT/JM
Cc:
Andrew Mack, P.E. City of Boynton Beach MackA@bbfl.us
Florida Department of Health, Palm Beach County
Division of Environmental Public Health
800 Clematis Street-4th Floor Accredited Health Department
West Palm Beach,FL 33401 P H A B Public Health Accreditation Board
PHONE(561)837-5974•FAX(561)837-5295
FloridaHealth.gov I palmbeach.floridahealth.gov
R 15-
BEFORE THE STATE OF FLORIDA
FLORIDA DEPARTMENT OF HEALTH PALM BEACH COUNTY
FLORIDA DEPARTMENT OF HEALTH ) IN THE OFFICE OF THE FLORIDA
PALM BEACH COUNTY ) DEPARTMENT OF HEALTH PALM
BEACH COUNTY
)
v. ) CASE/FILE NO. SW-15-08
)
CITY OF BOYNTON BEACH )
)
CONSENT ORDER
This Consent Order ("Order")is entered into between the Florida Department of Health
Palm Beach County ("Health Department")and City of Boynton Beach ("Respondent") to
reach settlement of certain matters at issue between the Health Department and Respondent.
The Health Department finds and Respondent admits the following:
1. Pursuant to Chapter 62-701,F.A.0 and 403 F.S.,the Florida Department of
Environmental Protection (DEP)has compliance and enforcement jurisdiction under the
provisions of Chapter 403 of the Florida Statutes(F.S.)and Chapters 62-4,and 62-701 of the
Florida Administrative Code(F.A.C,). However,in accordance with Section 403,182,F.S.,DEP
recognizes the Health Department as the approved local solid waste program in Palm Beach
County.As such,DEP and the Health Department have entered into a Specific Operating
Agreement that authorizes the Health Department to enforce Solid Waste regulations for this
type of solid waste management facilities located in Palm Beach County,
2. Respondent is a "person" within the meaning of Sections 403.031(5)and
403.703(22), F.S.
3. On February 28, 1992, Respondent completed the closure of the facility in
accordance with the approval of the Florida Department of Environmental Protection,which
required a final landfill cover consisting of six inches of liner bedding material,a 20 mm
Synthetic membrane liner, 12 inches of sand and six inches of top soil,seed,and mulch.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
28 Section 1. Each Whereas clause set forth above is true and correct and
29 incorporated herein by this reference.
30 Section 2. The City Commission of the City of Boynton Beach, Florida does
31 hereby approve and authorize the City Manager to sign a Consent Order with the Florida
32 Department of Health Palm Beach County for the purpose of prescribing certain municipal
33 repairs to the landfill owned by the City, a copy of said Consent Order is attached hereto as
34 Exhibit"A".
35 Section 3. That this Resolution shall become effective immediately upon passage.
36 PASSED AND ADOPTED this I St day of December, 2015.
37 CITY OF BOYNTON BEACH, FLORIDA
38 YES NO
39
40 Mayor--Jerry Taylor .-
411
43 :! Vice Mayor—Joe Casello _ _;
43
44 : Commissioner—David T. Merker
45 Li
46 Commissioner—Mack McCray
47 '
48 11Commissioner—Michael M. Fitzpatrick
49
50 '
51 VOTE U
52 ATTEST: •
53
54
55 LA 1 it; CtL r:,ti
�t
56 .late 4 141, 1•iM(
57 tf
•
58 0-'
59
60 ( 4o ra,`Seat)
,�:.T G
S K't'µIPAe A i►Mi\Z61S4t75.1-0. .!sept t fi Ncattlt Camsena_Ordu.Doc t
Health Department vs.City of Boynton Beach
Consent Order,FILE NO.SW-15-08
Page 8 of 8
STATE OF FLORIDA DEPARTMENT
OF HEALTH PALM BEACH COUNTY
# /�oth 0!. yer,R.S., Director
Division of Environmental Public Health
FILING AND ACKNOWLEDGEMENT
FILED,on this date,pursuant to§120.52,
Florida Statutes,with the designated
Department Clerk,receipt of which is
hereby acknowledged.
iI uya /. i all 4-
i� -i-'4 ( S
Clerk 01 Date
Health Department vs.City of Boynton Beach
Consent Order,FILE NO.SW-15-08
Page 6 of 8
20. Respondent is fully aware that a violation of the terms of this Order may subject
Respondent to judicial imposition of damages,civil penalties up to$10,000.00 per day per
violation, and criminal penalties.
21. Respondent acknowledges and waives its right to an administrative hearing
pursuant to sections 120.569 and 120.57, F.S.,on the terms of this Order. Respondent also
acknowledges and waives its right to appeal the terms of this Order pursuant to section 120.68,
F.S.
22. No modifications of the terms of this Order will be effective until reduced to
writing, executed by both Respondent and the Health Department,and filed with the clerk of
the Health Department.
23. The terms and conditions set forth in this Order may be enforced in a court of
competent jurisdiction pursuant to sections 120.69 and 403.121,F.S. Failure to comply with the
terms of this Order constitutes a violation of section 403.161(1)(b),F.S.
24. This Consent Order is a final order of the Health Department pursuant to section
120.52(7),F.S., and it is final and effective on the date filed with the Clerk of the Health
Department unless a Petition for Administrative Hearing is filed in accordance with Chapter
1
120,F.S. Upon the timely filing of a petition, this Consent Order will not be effective until
further order of the Health Department.
Persons who are not parties to this Order, but whose substantial interests are affected
by it,have a right to petition for an administrative hearing under Sections 120.569 and 120.57,
4 Florida Statutes. Because the administrative hearing process is designed to formulate final
agency action, the filing of a petition concerning this Order means that the Health
Department's final action may be different from the position it has taken in the Order.
The petition for administrative hearing must contain all of the following information:
a) The Case Number assigned to this Order;
b) The name,address,and telephone number of each petitioner; the name, address,
and telephone number of the petitioner's representative,if any,which shall be the
address for service purposes during the course of the proceeding;
Health Department vs.City of Boynton Beach
Consent Order,FILE NO.SW-is-08
Page 4 of 8
12. Respondent shall make all payments required by this Order by cashier's check,
money order or on-line payment. Cashier's check or money order shall be made payable to
the"Florida Department of Health Palm Beach County" and shall include FILE NO. SW-15-08
assigned to this Order.
13. Except as otherwise provided,all submittals and payments required by this
Order shall be sent to Laxmana Tallam,P.E., Environmental Administrator, Air and Waste
Section,Florida Department of Health Palm Beach County,800 Clematis Street,4th Floor,
33401.
14. Respondent shall allow all authorized representatives of the Health Department
access to the Facility and the Property at reasonable times for the purpose of determining
compliance with the terms of this Order and the rules and statutes administered by and/or
delegated to the Health Department.
15. 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 the sale or conveyance of the Facility or Property,
(a)notify the Health Department 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.
16. 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 City of Boynton Beach
,r,,,,,
rf,,... :r1` City Clerk's Office
100 E BOYNTON BEACH BLVD
17 BOYNTON BEACH FL 33435
(561) 742-6060
"-- FAX: (561) 742-6090rn
e-mail: prainitoj@bbfl.us
www.boynton-beach.org r-
December 10, 2015 Y::
Health Department vs.City of Boynton Beach
Consent Order,FILE NO.SW-15-08
Page 3 of 8
a) By April 1,2016,submit complete bid documents to the Health
Department showing construction specifications consistent with the approved permit and
facility closure plan.
b) By April 29, 2016, advertise bid request and distribute bid specifications.
c) Within 45 calendar days from the completion of b) above, open bids.
d) Within 30 calendar days from the completion of c)above, award bid to
qualified contractor/consultant.
e) Within 120 calendar days from the completion of d) above,complete the
required repairs.
f) Within 30 calendar days from the completion of e)above, submit letter of
completion to the Health Department, signed and sealed by a professional engineer,certifying
that final repairs were completed consistent with the approved permit and facility closure
plan.
10. Within 15 calendar days from the due date of each milestone above, Respondent
shall submit to the Health Department a written report,via electronic transmittal, containing
information concerning: the status and progress of each ordered milestone covered under
Condition 9 of this Order,compliance or noncompliance with the applicable requirements of
this order, and any reason for noncompliance.
11. Respondent agrees to pay the Health Department stipulated penalties in the
amount of$100 per day for each and every day Respondent fails to timely comply with any of
the requirements of paragraphs 9 and 10 of this Order. The Health Department may demand
stipulated penalties at any time after violations occur. Respondent shall pay stipulated
penalties owed within 30 days of the Health Department's issuance of written demand for
payment,and shall do so as further described in paragraphs 12 and 13,below. Nothing in this
paragraph shall prevent the Health Department from filing suit to specifically enforce any
4
terms of this Order.
Health Department vs.City of Boynton Beach
Consent Order,FILE NO.SW-15-08
Page 5 of 8
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 Health Department by
the next working day and shall,within seven calendar days notify the Health 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 mariner
constitutes a waiver of Respondent's right to request an extension of time for compliance for
those circumstances.
17. The Health Department, for and in consideration of the complete and timely
performance by Respondent of all the obligations agreed to in this Order, hereby conditionally
i
waives its right to seek judicial imposition of damages or civil penalties for alleged violations
up to the date of the filing of this Order. This waiver is conditioned upon Respondent's
complete compliance with all of the terms of this Order.
mi
18. This Order is a settlement of the Health Department's civil and administrative
authority arising under Florida law to resolve the matters addressed herein. This Order is not
a settlement of any criminal liabilities which may arise under Florida law,nor is it a settlement
of any violation which may be prosecuted criminally or civilly under federal law. Entry of this
Order does not relieve Respondent of the need to comply with applicable federal,state,or
local laws,rules,or ordinances.
I
19. The Health Department hereby expressly reserves the right to initiate
appropriate legal action to address any violations of statutes or rules administered by the
Health Department that are not specifically resolved by this Order.
Health Department vs.City of Boynton Beach
Consent Order,FILE NO.SW-15-08
Page 7 of 8
c) An explanation of how the petitioner's substantial interests will be affected by the
Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all material facts disputed by the petitioner or a statement that
the petitioner does not dispute any material facts;
f) A statement of the specific facts the petitioner contends warrant reversal or
modification of the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or
modification of the Order; and
h) A statement of the relief sought by the petitioner,stating precisely the action
petitioner wishes the Health Department to take with respect to the Order.
The petition must be filed(received) at the authority's Legal Office,Attention:Chief
Legal Officer,located at 800 Clematis Street in West Palm Beach,Florida,33401 within 21 days
of receipt of this notice. Failure to file a petition within the 21-day period constitutes a
person's waiver of the right to request an administrative hearing and to participate as a party
to this proceeding under Sections 120.569 and 120.57,Florida Statutes. Mediation under
Section 120.573,Florida Statutes,is not available in this proceeding.
FOR THE RESPONDENT:
mi
XA-....7c, 1/04..A.4.44„.____
APPROVED FOR Lori LaVerriere 38T
City Manager
4
€Try A1TORNEY
DONE AND ENTERED this c i day of TQC . . 2015
1 RESOLUTION NO. R15-145
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, APPROVING AND AUTHORIZING THE CITY
4 MANAGER TO SIGN A CONSENT ORDER WITH THE FLORIDA
5 DEPARTMENT OF HEALTH PALM BEACH COUNTY FOR THE
6 PURPOSE OF PRESCRIBING CERTAIN MUNICIPAL REPAIRS
7 TO THE LANDFILL OWNED BY THE CITY AND PROVIDING
8 AN EFFECTIVE DATE.
9 WHEREAS, the City of Boynton Beach began operating a landfill during the 1950s;
10 and
11 WHEREAS, the landfill was used to dispose City generated municipal waste until the
12 late 1970s and remained open for landscape waste until approximately 1985;and
13 WHEREAS, beginning in 1985, through appropriate permitting with the Health
14 Department, the City took steps to obtain approved closure of the landfill in 1992 which
15 closure required an additional 20 years of monitoring the sub-surface ground water
16 conditions; and
17 WHEREAS, the Consent Order with the Florida Department of Health Palm Beach
18 County stipulates landfill cover improvements required in order to continue toward a
19 permanent closure of the landfill and release from all future public oversight of the landfill; 1
20 and
21 WHEREAS, the City Commission of the City of Boynton Beach, upon
22 recommendation of staff and the CRA Board, deems it to be in the best interests of the
23 residents and citizens of the City of Boynton Beach to approve and authorize the City
24 Manager to sign a Consent Order with the Florida Department of Health Palm Beach County
25 for the purpose of prescribing certain municipal repairs to the landfill owned by the City.
S:\CC1WP1Resolutions\20151RI5-145-Dept of Health_Consent_Order.Docx
Health Department vs.City of Boynton Beach
Consent Order,FILE NO.SW-15-08
Page 2 of 8
4. Respondent operates the Boynton Beach Landfill under Permit No. 124522-004-
SF.
5. Specific Condition 1 of Permit No. 124522-004-SF states "Unless otherwise
notified by the Department, the permittee shall comply with all applicable requirements of
Chapter 62-701, F.A.C."
6. Rule 62-701.600(3)(f)2, Florida Administrative Code (FAC) states "Final cover
shall be placed over the entire surface of each completed solid waste disposal unit or units
within 180 days after the final waste deposit,or within the time frame set forth in the
approved closure plan. The final cover shall be vegetated to control erosion and provide a
moisture infiltration seal, with species that are drought resistant and have roots that will not
penetrate the final cover."
7. Pursuant to Specific Condition 9 of Permit No. 124522-004-SF, Respondent is
responsible for continuing the yearly maintenance program implemented for the post closure
monitoring period. The yearly maintenance program is intended, in part, to maintain the
integrity of the approved landfill final cover.
8. The Health Department finds the facility in violation of Rule 62-701.600(3)(f)2,
F.A.C. and Specific Condition 9 of Permit No. 124522-004-SF as follows:
Erosion the final landfill cover and/or lack of vegetation was observed at three
distinct areas on the northeast section of the landfill. The largest area,first identified during
September 12, 2014 inspection,has expanded in size and continues to show exposed liner.Two
smaller areas, approximately 20 feet in diameter each, were identified during an inspection on
September 3,2015 west of the larger area.Small pieces of exposed liner were observed in one
of the smaller areas.
Having reached a resolution of the matter Respondent and the Health Department
mutually agree and it is
ORDERED:
9. Respondent shall comply with the following corrective actions within the stated
time periods:
Dunmyer, Gary, City of Boynton Beach DunmyerG@bbfl.us
Monestime, David, City of Boynton Beach monestimeD@bbfl.us
Low, Michael, City of Boynton Beach lowm@bbfl.us
Bulman, Gerrit,JACOBS/FLL Gerrit.Bulman@jacobs.com
Lucas, Mark,JACOBS//FLL Mark.Lucasl@iacobs.com
Jarmolowski,James, DEP/TAL James.Jarmolowski@dep.state.fl.0
Dilmore, Cory, DEP/TAL Cory.Dilmore@dep.state.fl.us
Paul Wierzbicki, DEP/SED Paul.Wierzbicki@Dep.state.fl.us
Diane Pupa, FDEP/SED Diane.Pupa@dep.state.fl.us
I
Health Department vs. City of Boynton Beach
Consent Order, FILE NO. SW - 15 - 08
Page 2 of 8
4. Respondent operates the Boynton Beach Landfill under Permit No. 124522-004 -
SF.
5. Specific Condition 1 of Permit No. 124522 - 004 -SF states "Unless otherwise
notified by the Department, the permittee shall comply with all applicable requirements of
Chapter 62 -701, F.A.C."
6. Rule 62- 701.600(3)(f)2, Florida Administrative Code (FAC) states "Final cover
shall be placed over the entire surface of each completed solid waste disposal unit or units
within 180 days after the final waste deposit, or within the time frame set forth in the
approved closure plan. The final cover shall be vegetated to control erosion and provide a
moisture infiltration seal, with species that are drought resistant and have roots that will not
penetrate the final cover."
7. Pursuant to Specific Condition 9 of Permit No. 124522 - 004 -SF, Respondent is
responsible for continuing the yearly maintenance program implemented for the post closure
monitoring period. The yearly maintenance program is intended, in part, to maintain the
integrity of the approved landfill final cover.
8. The Health Department finds the facility in violation of Rule 62- 701.600(3)(f)2,
F.A.C. and Specific Condition 9 of Permit No. 124522 - 004 -SF as follows:
Erosion the final landfill cover and /or lack of vegetation was observed at three
distinct areas on the northeast section of the landfill. The largest area, first identified during
September 12, 2014 inspection, has expanded in size and continues to show exposed liner. Two
smaller areas, approximately 20 feet in diameter each, were identified during an inspection on
September 3, 2015 west of the larger area. Small pieces of exposed liner were observed in one
of the smaller areas.
Having reached a resolution of the matter Respondent and the Health Department
mutually agree and it is
ORDERED:
9. Respondent shall comply with the following corrective actions within the stated
time periods:
Health Department vs. City of Boynton Beach
Consent Order, FILE NO. SW -15 -08
Page 3 of 8
a) By April 1, 2016, submit complete bid documents to the Health
Department showing construction specifications consistent with the approved permit and
facility closure plan.
b) By April 29, 2016, advertise bid request and distribute bid specifications.
c) Within 45 calendar days from the completion of b) above, open bids.
d) Within 30 calendar days from the completion of c) above, award bid to
qualified contractor /consultant.
e) Within 120 calendar days from the completion of d) above, complete the
required repairs.
f) Within 30 calendar days from the completion of e) above, submit letter of
completion to the Health Department, signed and sealed by a professional engineer, certifying
that final repairs were completed consistent with the approved permit and facility closure
plan.
10. Within 15 calendar days from the due date of each milestone above, Respondent
shall submit to the Health Department a written report, via electronic transmittal, containing
information concerning: the status and progress of each ordered milestone covered under
Condition 9 of this Order, compliance or noncompliance with the applicable requirements of
this order, and any reason for noncompliance.
11. Respondent agrees to pay the Health Department stipulated penalties in the
amount of $100 per day for each and every day Respondent fails to timely comply with any of
the requirements of paragraphs 9 and 10 of this Order. The Health Department may demand
stipulated penalties at any time after violations occur. Respondent shall pay stipulated
penalties owed within 30 days of the Health Department's issuance of written demand for
payment, and shall do so as further described in paragraphs 12 and 13, below. Nothing in this
paragraph shall prevent the Health Department from filing suit to specifically enforce any
terms of this Order.
Health Department vs. City of Boynton Beach
Consent Order, FILE NO. SW -15 -08
Page 4 of 8
12. Respondent shall make all payments required by this Order by cashier's check,
money order or on -line payment. Cashier's check or money order shall be made payable to
the "Florida Department of Health Palm Beach County" and shall include FILE NO. SW - 15 - 08
assigned to this Order.
13. Except as otherwise provided, all submittals and payments required by this
Order shall be sent to Laxmana Tallam, P.E., Environmental Administrator, Air and Waste
Section, Florida Department of Health Palm Beach County, 800 Clematis Street, 4th Floor,
33401.
14. Respondent shall allow all authorized representatives of the Health Department
access to the Facility and the Property at reasonable times for the purpose of determining
ty P g
compliance with the terms of this Order and the rules and statutes administered by and /or
delegated to the Health Department.
15. 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 the sale or conveyance of the Facility or Property,
(a) notify the Health Department 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.
16. 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
Health Department vs. City of Boynton Beach
Consent Order, FILE NO. SW -15 -08
Page 5 of 8
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 Health Department by
the next working day and shall, within seven calendar days notify the Health 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.
17. The Health Department, for and in consideration of the complete and timely
performance by Respondent of all the obligations agreed to in this Order, hereby conditionally
waives its right to seek judicial imposition of damages or civil penalties for alleged violations
up to the date of the filing of this Order. This waiver is conditioned upon Respondent's
complete compliance with all of the terms of this Order.
18. This Order is a settlement of the Health Department's civil and administrative
authority arising under Florida law to resolve the matters addressed herein. This Order is not
a settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement
of any violation which may be prosecuted criminally or civilly under federal law. Entry of this
Order does not relieve Respondent of the need to comply with applicable federal, state, or
local laws, rules, or ordinances.
19. The Health Department hereby expressly reserves the right to initiate
appropriate legal action to address any violations of statutes or rules administered by the
Health Department that are not specifically resolved by this Order.
Health Department vs. City of Boynton Beach
Consent Order, FILE NO. SW -15 -08
Page 6 of 8
20. Respondent is fully aware that a violation of the terms of this Order may subject
Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per day per
violation, and criminal penalties.
21. Respondent acknowledges and waives its right to an administrative hearing
pursuant to sections 120.569 and 120.57, F.S., on the terms of this Order. Respondent also
acknowledges and waives its right to appeal the terms of this Order pursuant to section 120.68,
F.S.
22. No modifications of the terms of this Order will be effective until reduced to
writing, executed by both Respondent and the Health Department, and filed with the clerk of
the Health Department.
23. The terms and conditions set forth in this Order may be enforced in a court of
competent jurisdiction pursuant to sections 120.69 and 403.121, F.S. Failure to comply with the
terms of this Order constitutes a violation of section 403.161(1)(b), F.S.
24. This Consent Order is a final order of the Health Department pursuant to section
120.52(7), F.S., and it is final and effective on the date filed with the Clerk of the Health
Department unless a Petition for Administrative Hearing is filed in accordance with Chapter
120, F.S. Upon the timely filing of a petition, this Consent Order will not be effective until
further order of the Health Department.
Persons who are not parties to this Order, but whose substantial interests are affected
by it, have a right to petition for an administrative hearing under Sections 120.569 and 120.57,
Florida Statutes. Because the administrative hearing process is designed to formulate final
agency action, the filing of a petition concerning this Order means that the Health
Department's final action may be different from the position it has taken in the Order.
The petition for administrative hearing must contain all of the following information:
a) The Case Number assigned to this Order;
b) The name, address, and telephone number of each petitioner; the name, address,
and telephone number of the petitioner's representative, if any, which shall be the
address for service purposes during the course of the proceeding;
Health Department vs. City of Boynton Beach
Consent Order, FILE NO. SW -15 -08
Page 7 of 8
c) An explanation of how the petitioner's substantial interests will be affected by the
Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all material facts disputed by the petitioner or a statement that
the petitioner does not dispute any material facts;
f) A statement of the specific facts the petitioner contends warrant reversal or
modification of the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or
modification of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action
petitioner wishes the Health Department to take with respect to the Order.
The petition must be filed (received) at the authority's Legal Office, Attention: Chief
Legal Officer, located at 800 Clematis Street in West Palm Beach, Florida, 33401 within 21 days
of receipt of this notice. Failure to file a petition within the 21 -day period constitutes a
person's waiver of the right to request an administrative hearing and to participate as a party
to this proceeding under Sections 120.569 and 120.57, Florida Statutes. Mediation under
Section 120.573, Florida Statutes, is not available in this proceeding.
FOR THE RESPONDENT:
Lori LaVerriere 38T
City tanager
DONE AND ENTERED this day of , 2015
Health Department vs. City of Boynton Beach
Consent Order, FILE NO. SW -15 -08
Page 8 of 8
STATE OF FLORIDA DEPARTMENT
OF HEALTH PALM BEACH COUNTY
Timothy G. Mayer, R.S., MPH, Director
Division of Environmental Public Health
FILING AND ACKNOWLEDGEMENT
FILED, on this date, pursuant to § 120.52,
Florida Statutes, with the designated
Department Clerk, receipt of which is
hereby acknowledged.
Clerk Date
Mission: Rick Scott
To protect, promote & improve the health Governor
of all people in Florida through integrated
state, county & community efforts. John H. Armstrong, MD, FACS
HEALTH 1 T State Surgeon General & Secretary
Vision: To be the Healthiest State in the Nation
November 23, 2015
Electronic Mail — Delivery and Read Receipt Requested
LivergoodJbbfl.us
Jeffrey Livergood, P.E.
Director of Public Works and Engineering c/o Bryan Register
Public Works and Engineering
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
RE: Consent Order SW- 15 -08; Final Agency Action for Violations at the Boynton
Beach Landfill under Permit No. 124522 - 004 -SF, Boynton Beach, Florida.
Dear Mr. Livergood:
The purpose of this letter is to complete the resolution of the violations that were identified
by the Florida Department of Health Palm Beach County (Health Department) during the
inspections conducted on September 12, 2014 and September 03, 2015.
Signing the enclosed consent order constitutes your acceptance of the Health
Department's offer to resolve this matter under these terms. If you elect to sign the consent
order, please return it to the Air and Waste Program, Florida Department of Health Palm
Beach County, Fourth Floor, 800 Clematis Street, P.O. Box 29, West Palm Beach, Florida
33402 -0029, no later than December 31, 2015. The Health Department will then
countersign the consent order and file it with the clerk of the Health Department. When the
signed consent order is filed with the Clerk, the consent order shall constitute final agency
action of the Health Department which shall be enforceable pursuant to Sections 120.69
and 403.121, Florida Statutes.
If you do not sign this letter and return it to the Health Department at the address provided
above by December 31, 2015, the Health Department will assume that you are not
interested in settling this matter on the above described terms, and will proceed
accordingly. Your rights or substantial interests are not affected by this letter unless you
sign it and it is filed with the Health Department's Clerk.
Florida Department of Health www.FloridasHealth.com
Palm Beach County, Division of Environmental Public Health TWITTER: HealthyFLA
PO Box 29, 800 Clematis Street, West Palm Beach, Florida 33402 FACEBOOK: FLDepartmentofHealth
PHONE: 561-837-5900 FAX: 561 -837 -5294 YOUTUBE: fldoh
Page 2 of 2
Consent Order SW -15 -08
Boynton Beach Landfill
Should you have any questions, please contact Jorge Patino, P.E. at telephone number
(561) 837 -5936.
Sincerely,
For the Division Director
Environmental Public Health
Laxmana Tallam, P.E., Environmental Administrator
Air & Waste Section
Division of Environmental Public Health
cc: Cathy Linton, Senior Attorney, FDOH -PBC, Cathy.Linton(a flhealth.gov
Richard Tedder, P.E. DEP/TAL, Richard.Tedder(a�dep.state.fl.us
Amede Dimonnay, DEP /SED, Amede.Dimonnay4dep.state.fl.us
Mike Tyson, SWA -PBC, mtysone.swa.org
Enclosure: Consent Order SW -15 -08
TGM /LT/TT /jp