STATE OF FLORIDA
SOUTH FLORIDA WATER MANAGEMENT DISTRICTRECEIVED

DISTRICT OFFICE

SUNBREAK FARMS, LLC,
1:06 pm Jun 11, 2019

a Delaware limited liability company.
SOUTH FLORIDA

Petitioner= WATER MANAGEMENT DISTRICT
VS. ERP NO. 56-00111-S
(Application No. 180613 -16)
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT,

a public corporation of the State of Florida,

Respondent.


 

PETITION FOR FORMAL ADMINISTRATIVE HEARING
SUNBREAK FARMS, LLC, a Delaware limited liability company (?Sunbreak Farms?),
by and through its undersigned counsel, and pursuant to Rule 28-106.201, 1. Admin Code,
hereby submits this petition for formal administrative hearing in regards to Application No.
180613-16 (?Application?) to modify existing South Florida Water Management District

Environmental Resource Permit No. (?Permit?), and states as

follows:
PARTIES
1. The name and address of the agency is:
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, Florida 33406
2. The name and address of the Petitioner is:

Sunbreak Farms, LLC

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5101 Minute Maid Road
Fort Pierce FL 34945
BACKGROUND. HISTORY

3. As provided above, this is an action to challenge a Proposed Agency Action by
SF WMD to deny a modi?cation to the Permit, pursuant to the Application.

4. Sunbreak Farms, LLC, a Delaware limited liability company, is the owner of, and
operates a farm on, certain real property that is the subject matter of the Permit and is located in
St. Lucie and Indian River Counties. Sunbreak Farms ?led the Application, and by and through
the undersigned counsel, ?les this challenge to its denial.

5. Sunbreak Farms grows corn to be used as silage for cattle feed, and cover crops
between corn crops. It currently uses chemical fertilizers to provide nutrients to its crops. Its
farming operations are overseen by professional farm managers.

6. Sunbreak Farms operates on property originally established by the Minute Maid
Corporation as ?Cloud Grove,? a citrus grove established over 50 years ago. Because it pre-
dates the establishment of Florida?s water management districts and much of its infrastructure for
drainage, the property was designed to hold its own storrnwater, and generally does not need to
discharge to area canals, although the Permit allows discharge. The property includes 67 miles
of ditches and canals and a 640-acre reservoir which are collectively capable of holding
suf?cient water to avoid the need for the property to discharge in a typical season.

7. Sunbreak Farms receives less rainfall in an average year than is required for its
crops, and its ground water has high salinity levels which limit its use for crops. Accordingly,

Sunbreak Farms generally does not discharge from its property, but instead holds water if

02475198.vl

possible. In addition, corn can tolerate a higher water table than citrus, so it is less necessary to
remove water from the property than would be the case for citrus.

8. On March 14, 2018, Sunbreak Farms obtained Florida Department of
Environmental Protection Domestic Wastewater Facility Permit number FLA979830
(the Permit?) to operate a compost facility on 80.75 of its 6580 acres in St. Lucie and
Indian River Counties]. The DEP Permit is attached as Exhibit 

9. The DEP Permit is for the production of up to 80,000 dry tons of compost
meeting the standards of Class AA fertilizer under Florida law, using Class biosolids from
wastewater treatment combined with vegetative waste. The DEP Permit provides that the
composting will be conducted alongside each of 40 farm ?elds across Sunbreak Farms? property,
such that each approximately 2-aere compost pile will serve an adjacent ?eld. If Sunbreak
Farms is unable to obtain suf?cient biosolids in any given composting cycle, it will produce
proportionately less compost, on proportionately less of its land.

10. The DEP Permit provides detailed standards for the composting and for the
construction of the composting areas, which do not permit deviation without a modi?cation of
the DEP Permit.

11. Pursuant to Fla. Stat. s. 403.067, application of Class AA fertilizer in compliance
with Best Management Practices developed by the Florida Department of Agriculture and
Consumer Services is entitled to a statutory presumption of compliance with state

water quality standards.

 

Sunbreak Farms owns more than 6580 acres in this location. This number refers to farmed acreage, and excludes
certain roads, a 640-acre reservoir, farm buildings and other lands not farmed.

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02475198.v1

12. Sunbreak Farms, LLC is enrolled in the BMP program, meets and exceeds BMPs
in its farming activities, and is considered a model farm in this regard by the Florida Department
of Agriculture and Consumer Services.

13. SF WMD was given an opportunity to provide input to DEP in that agency?s
review of Sunbreak Farms? application for the DEP Permit, and did so, recommending to DEP
that it require berms to be constructed around each compost pile, to reduce and contain runoff
from the composting piles (?Containment Berms?). DEP implemented this recommendation in
the DEP Permit. Sunbreak Farms is unaware of any other recommendations from in its
consultation with DEP, whether or not implemented.

14. Construction of berms to contain or otherwise restrict the ?ow of water requires
an Environmental Resource Permit pursuant to Fla. Stat. s. 373.413 and Ch. 373
generally.

15. Upon ?nal issuance of the DEP Permit, Sunbreak Farms applied on or about June
13, 2018 to to modify its ERP to construct the Containment Berms. Construction of
the Containment Berms was the only change to the ERP requested by this application.

16. On July 13, 2018, issued its ?rst Request for Additional Information
to which Sunbreak Farms responded on August 13, 2018.

17. On September 14, 2018, issued its second RAI, to which Sunbreak
Farms responded on December 10, 2018.

18. On January 11, 2019, SF WMD issued its third RAI, to which Sunbreak Farms
responded on April 5, 2019.

NOTICE OF AGENCY DECISION

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19. On May 24, 2019, Sunbreak Farms received by email from an SF WMD
representative a Notice of Proposed Agency Action to Deny the Application, which is attached at
Exhibit 

20. The justi?cation given for the denial is as follows:

The applicant has not provided reasonable assurances that the project will
not result in adverse impacts to water resources. The applicant did not
provide the requested water quality monitoring plan and reporting
schedule designed to provide data to determine if the pollution abatement
practices incorporated into the design of the stormwater management
system will function properly as required by Section 4.9.3, Volume II of
the Applicant's Handbook

RULES AND STATUTES REQUIRING REVERSAL

21. The Operating Agreement, the Environmental Resources Permit Handbook Vols.
I and 11, Ch. 62-330.301, F.A.C., Ch. 403, Fla. Stat, Ch. 373, Fla. Stat.

22. The authority for issuance of ERPs is set forth in Part IV, Fla. Stat. Ch. 373, and
speci?cally Fla. Stat. s. 373.413, which provides that ?the governing board [of a water
management district] or the department may require such permits and impose such reasonable
conditions as are necessary to assure that the construction or alteration of any stormwater
management system, dam, impoundment, reservoir, appurtenant work, or works will comply with
the provisions of this part and applicable rules promulgated thereto and will not be harmful to
the water resources of the district.?

23. Ch. 62-330.301, .A.C., cited in the staff report that is part of the Notice of

Proposed Agency Action to Deny the Application, requires that ?an applicant must provide

reasonable assurance that the construction, alteration, operation, maintenance, removal or

 

abandonment of the projects regulated under this chapter: Will not adversely affect the

quality of receiving waters such that the state water quality standards set forth in chapters 62-4,

02475198.v1

62-302, 62-520, and 62-550, F.A.C., including the antidegradation provisions of paragraphs 62-
and F.A.C., subsections 62-42420) and (3), F.A.C., and rule 62-302.300,

F.A. C., and any special standards for Outstanding Florida Waters and Outstanding National
Resource Waters set forth in subsections 62-42420) and (3 F.A.C., will be violated. 
[Emphasis added]

24. To divide and delineate responsibility for environmental permitting between
and DEP, the agencies entered into that certain ?Operating Agreement Concerning
Regulation Under Part IV, Chapter 373, .8. Between South Florida Water Management District
and Department of Environmental Protection,? dated May 10, 2007 (the ?Operating
Agreement?). The Operating Agreement is incorporated by reference in Ch. 62-113, F.A.C. The
Operating Agreement is attached as Exhibit 

25. In the Environmental Resource Permit Applicant?s Handbook, Vol. 1 (General
and Environmental), which governs issuance of ERPs for DEP and all water management
districtsz, it notes the existence of all of the operating agreements between DEP and the districts,
and says: ?These Agreements operate so that only one agency is responsible for permitting,
compliance and enforcement of an activity, and identify which Agency is responsible for the
various types of activities. 

26. The Operating Agreement provides in pertinent part:

?The DEPARTMENT shall review and take ?nal action on all
applications for permits and petitions for variances, under Part I V,
Chapter 3 73, ES, and variances or waivers under Section 120.542, F. S.
for the project types listed in a. through t. below The permit applications
encompassed within the DEPARTMENT ?s responsibilities hereunder
include those submitted for wetland resource (dredge and fill) permits and
management and storage of surface water (MSS W) permits, pursuant to

Subsection 37341401) through (16) ES, as well as those submitted for
environmental resource permits.

 

2 Incorporated by reference in Rule PAC.

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27.

are part of the

28.



c. Domestic or industrial wastewater treatment. storage. transmission.
effluent disposal, or water reuse that reattire a permit under
('hapter 403, ES. This includes all facilities atul activities located at the
domestic or industrial wastewater treatment facility; all reuse sites
permitted under Parts II or I of Chapter 62-610, F.A. C. land
application sites permitted under Part VI of Chapter 62. 610, and
wetlands created using reclaimed water Won/i domestic wastewater or
industrial wastewater sources). However, the DISTRICT shall review and
take ?nal action on permit applications for:

I Water reuse sites permitted under Part of Chapter 62-610,
.A.C., such as facilities for the storage and application of reclaimed
water to irrigate crops, golf courses, or other landscapes;

(2) Activities involving the application of reclaimed water to rehydrate
wetlands or to provide arti?cial recharge to reduce or mitigate drawdown
impacts due to well withdrawals;

(3 Those facilities that are subject to any of the requirements of
Chapter 40E-4, 40E-40, F.A.C. through a system or activity
which is not fully contained on the domestic or industrial wastewater
facility site, but which is part of a larger project for which the
DEPARTMENT does not review and take final action on permit
applications under any paragraph in Section II.A. I. of this
agreement. ?[Emphasis added]

The DEP Permit provides the location and dimensions of the Containment Berms
composting facility:

?Perimeter berms shall be formed around the composting areas prior to
construction ofwindrows. The berms will be a minimum of 24 in height
and will provide I 00% containment of the I 00-year, 3 -day storm event
over a typical compost area. No discharge from the compost areas to
either the fields or the ditches will occur. ?The compost
areas will be bermed on all four sides. [Emphasis added]

The DEP Permit also provides: ?The compost product will replace other fertilizer

that is faster leaching from the sites. The net e?ect will be reduction in fertilizer use and

reduced discharge of nutrients to the area canals. 

02475 I 98.vl

29. The DEP Permit further provides: ?This facility does not discharge to surface
waters. South Florida Water Management District has issued Stormwater Permit 

30. The form monitoring report included as part of the DEP Permit provides for water
quality monitoring, and the form of the DEP Permit includes a ?Section Ground Water
Requirements.? Under that heading, the DEP Permit provides: ?Section is not applicable to
this facility.? DEP had the opportunity, within the scope of its authority under the Operating
Agreement, to require groundwater monitoring, but did not. Further, the Fact Sheet for the DEP
Permit, under ?Ground Water Monitoring Requirements,? states: ?This section is not applicable
to this facility.?

31. In RAI asked: ?Please provide a water quality monitoring plan and
reporting schedule designed to provide data to determine if the pollution abatement practices
incorporated into the design for the drainage system will function properly. The plan should also
provide reasonable assurance that stormwater discharges from the composting cells will not
result in adverse impacts to water resources. Surface and ground water sampling should be
included and specifically described in the plan. The monitoring plan should include an
explanation of how the proposed program will achieve valid measurements of ?ow, bacteria,
nitrogen, phosphorus, and dissolved oxygen concentration; description of monitoring sites;
sample collection methods, technique, preservation, identi?cation and schedules; description of
laboratory analyses, reporting delivery and data review; and other items as necessary to
determine if the pollution abatement practices incorporated into the design are functioning
properly and will prevent water quality degradation. [Section 4.9.3, Vol. added]3

32. In its response to RAI counsel for Sunbreak Farms raised the foregoing issues.

 

3 Environmental Resource Permit Applicant?s Handbook Vol. is incorporated by reference in Rule 40E-
and Rule 62-330.010, F.A.C.

02475198.vl

33. Further, the foregoing response noted that representatives of had assured
the applicant that the concerns of involved only the activities conducted by Sunbreak
Farms pursuant to the DEP Permit, not the application of Class AA fertilizer pursuant to BMPs,
so Sunbreak arms? response only addressed issues relating to the composting activities.

34. In RAI asked for an alternative to water quality sampling that would
give ?adequate assurances? that the ?pollution abatement practices proposed in the
design are functioning properly and meet the objectives of Section 4.9.3, Vol. 

35. The ?pollution abatement practices proposed in the design? which refers
to are those required by the DEP Permit, which were analyzed and approved by DEP, and which
cannot be deviated from without a modi?cation of the DEP Permit. They are part and parcel of
the wastewater treatment facility which is the subject of the DEP Permit.

36. Conducting its farming practices consistently with BMPs entitles Sunbreak Farms
to a statutory entitlement to a presumption of compliance under Florida Statutes for activities
outside the scope of the DEP Permit. Sunbreak Farms is not aware of any allegation that it does

not conduct its operations in compliance with applicable BMPs.

37. Section 4.9, Vol. II of the Environmental Resource Permit Applicant?s Handbook

provides:

4.9 Water Quality Monitoring
Ali new drainage projects will be evaluated based on the ability of the system

to prevent degradation of receiving waters and the ability to conform to State
water quality standards. [Emphasis added]



4.9.3 There are two reasons for requiring water quality monitoring by
permittees, as follows:

Such data can be used to determine if the pollution abatement practices
incorporated into the design for the drainage system are functioning

properly.

02475198.vl

 In some cases there may be a real and immediate concern regarding
degradation of quality in the receiving waters, regardless of the apparent
pollutant removal ej?ciency of the drainage system.

38. The modi?cation sought by Sunbreak Farms to its ERP is not a new drainage
project. The Containment Berms are in fact the opposite of new drainage; they are new
impoundments of stormwater as part of a drainage system which has been in place for over a
half-century. They were mandated by DEP at the recommendation of pursuant to
design criteria set forth in a DEP Permit issued under exclusive jurisdiction over
wastewater treatment.

39. By attempting to require monitoring above and beyond that required by DEP
under a wastewater treatment permit, is attempting to impose additional requirements
upon an activity over which DEP has exclusive authority.

40. By attempting to require water quality monitoring, is disregarding
Florida?s statutory presumption of compliance for farming activities conducted in accordance
with BMPs.

41. In both cases, SF WMD is disregarding the ?ndings of DEP as set forth in the
DEP Permit.

EFFECT ON THE SUBSTANTIAL INTERESTS 0F SUNBREAK FARMS

42. Sunbreak Farms is the applicant in the permit modi?cation at issue. It has
expended signi?cant time, money and effort in obtaining the DEP Permit, and over 15 months
later is unable to bene?t from operating under that permit. Class AA compost, as compared to
commercial chemical fertilizers, is superior in many ways. As a soil enhancement, compost
becomes part and parcel of the soil, rather than sitting atop the soil. As such, it is more likely to
remain in place and be taken up by the crop, and less likely to be washed away in rainfall.

Compost is taken up more slowly and consistently by the crop, and over time reduces the overall

10
02475198.vl

demand for nutrient additives. It also helps soil to absorb and hold moisture in place. Sunbreak
has accepted tons of tree and yard waste from recent hurricanes in anticipation of implementing
its composting plan under the DEP Permit, but has been unable to do during the pendency of the
Application, and now this challenge to its denial. Class AA composting as contemplated by the
DEP Permit is signi?cantly less expensive in the long term than the fertilizers currently being
applied by Sunbreak. Finally, using composted biosolids in the production of agricultural
products is widely considered an environmental and social bene?t, and superior to the alternative
methods of disposal of biosolids, namely direct land application of Class biosolids,
incineration and depositing them in municipal land?lls. Sunbreak Farms? location is ideally
constructed and located for use of biosolids composting. Sunbreak Farms is particularly and
speci?cally aggrieved and adversely affected by proposed denial of the Application,
for which Sunbreak Farms has demonstrated entitlement. Without the modi?cation to the ERP
sought by the Application, Sunbreak Farms is prevented from engaging in the activities
contemplated by the DEP Permit.
DISPUTED ISSUES OF MATERIAL FACT

43. Whether Sunbreak Farms provided adequate assurances to that the
Containment Berms requested in the Application would not create adverse effects.

44. Whether the project being reviewed by was the Containment Berms
contemplated by the Application, or the wastewater facility permitted by the DEP Permit.

45. Whether Section 4.9 generally, and Section 4.9.3 speci?cally, of the
Environmental Resource Permit Applicant?s Handbook Vol. II, apply to the Application.

46. Whether the Application otherwise satis?es the applicable statutory and rule

criteria entitling it to the modi?cation which the Application requests.

1 1
02475198.vl

ULTIMATE FACTS WARRANTING REVERSAL

47. Sunbreak Farms? composting activities were reviewed and analyzed by DEP,
which made speci?c ?ndings as set forth in the DEP Permit. These include that the facility does
not discharge to surface waters, that the use of Class AA compost will lead to both a reduction in
the use of nutrients at the permitted property and a reduction in nutrient discharge from the
property.

48. The design of the facility is dictated by the DEP Permit, based on DEP review of
the application of Sunbreak Farms, and its own expertise in the area of wastewater treatment
generally and composting speci?cally. Sunbreak Farms is not at liberty to deviate from the
design as dictated by the DEP Permit.

49. refused to recognize the ?ndings of DEP as set forth in the DEP Permit,
and accept them as reasonable assurances that water quality standards will be met.

50. SF WMD disregarded the presumption of compliance granted under Florida
Statutes to agricultural operations implementing BMPs, in requiring further assurances regarding
use of Class AA fertilizer.

51. SF WMD disregarded the Operating Agreement and the Applicant?s Handbook in
attempting to apply additional performance and monitoring requirements to an activity permitted
by DEP, and exclusively within the authority of DEP.

52. misconstrued Sec. 4.9 of the Environmental Resource Permit
Applicant?s Handbook, Vol. II by attempting to apply monitoring criteria for new drainage
projects to a modi?cation which sought only to impound water, in the manner required by the

DEP Permit, at the recommendation of SF WMD.

12
02475198.v1

53. The Application satis?ed the applicable statutory and rule criteria, such that

Sunbreak Farms is entitled to be issued the modi?cation for which it applied.
RELIEF SOUGHT BY PETITIONER

54. Sunbreak Farms requests to forward this Petition to the Division of
Administrative Hearings for assignment to an Administrative Law Judge, and following a formal
evidentiary administrative proceeding, requests a ?nal order granting the Permit modi?cation
requested by the Application, and such other relief as may be deemed appropriate.

Respectfully submitted this 11th day of June, 2019.

DEAN, MEAD, DUNBAR

Byz/s/ John L. Wharton
John L. Wharton
Dennis G. Corrick
215 S. Monroe St., Suite 815
Tallahassee FL
Phone: (850) 999-4100
Fax: (850) 577-0095
iWharton@dcanmead.com
dcorrickd?dcanmcad.com
Secondary: hshackf??dcanmeadcom
Attorneys for Petitioner

 

CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been ?led by
electronic mail with South Florida Management District, c/o Of?ce of the District Clerk
3301 Gun Club Road, West Palm Beach, FL 33406, with copies served
electronically to c/o Susan Roeder Martin, South Florida Water Management District
gov, gov), 3301 Gun Club Road, West Palm Beach,

FL 33406, on this 11th day of June 2019, and that the original physically signed document will be

13
02475198.v1

retained for the duration of the proceeding and of any subsequent appeal or subsequent

proceeding in this cause and that Petition shall produce it upon the request of other parties.

Byz/s/ John L. Wharton
John L. Wharton

14
O2475198.vl

Exhibit 

 

Florida Depa rtment of 
Environmental Protection
Carlos Lopez-Cantera
Southeast District Of?ce Lt- Governor
3301 Gun Club Road, MSC 7210-1 
West Palm Beach, FL 33406 Noah Valenste'n
561-681-6600 
March 14, 2018
In the Matter of an
Application for Permit by:
Sunbreak Farms, LLC File Number FLA979830-001-DWIS
Patrick B. Cheney St. Lucie and Indian River Counties
5101 Minute Maid Rd. Sunbreak Farms Compost Facility

Fort Pierce, Florida 34945-4351
Email: 

Enclosed is Permit Number LA979830 to construct and operate the Sunbreak Farms, issued under Chapter 403,
Florida Statutes.

Monitoring requirements under this permit are effective on the ?rst day of the second month following the effective
date of the permit. Until such time, the permittee shall continue to monitor and report in accordance with previously
effective permit requirements, if any.

Any party to this order (permit) has the right to seek judicial review of the permit action under Section 120.68,
Florida Statutes, by the ?ling of a notice of appeal under Rules 9.110 and 9.190, Florida Rules of Appellate
Procedure, with the Clerk of the Department of Environmental Protection, Office of General Counsel, 3900
Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, and by ?ling a copy of the notice of
appeal accompanied by the applicable ?ling fees with the appropriate district court of appeal. The notice of appeal
must be ?led within 30 days from the date when this document is ?led with the Clerk of the Department.

Executed in West Palm Beach, Florida.

STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION

kilmfi? 
March 14. 2018
Jennifer K. Smith Date

Southeast District Director

Department of Environmental Protection

3301 Gun Club Road

MSC 7210-]

West Palm Beach, FL 33406

PERMITTEE: Sunbreak Farms, LLC PERMIT NUMBER: FLA979830
FACILITY: Sunbreak Farms Biosolids Management Facility

FILING AND ACKNOWLEDGMENT

FILED, on this date, under Section 120.52, Florida Statutes, with the designated Deputy Clerk, receipt of which is
hereby acknowledged.

111de March 14 2018

Clerk Date

 

CERTIFICATE OF SERVICE

The undersigned hereby certi?es that this INTENT TO ISSUE and all copies were mailed before the close of
business on March 14 2018, to the listed persons.

@de March 14 2018

Name Date

 

 

Enclosure

Certi?ed copies furnished to:

Jeff Christian, 

Michael Bechtold, MikcBechtoldeegstate.11.us

Maurice Barker, Mauriee?arker?depstate?.us

Denise Watts, Denise.Wattgz?depstate?us

Bruce Kay, Bruce.Ka dc . tate.?.us

Tyler Bruch, Kip Cullers, 

Toby Overdorf, Engineering and Design Construction, Inc., tobvoverdnr?medc-inccom

David C. Baggett, P.E., Engineering and Design Construction, Inc., 

Gary R. Priest P.E., South Florida Water Management District, 

Raulie Raulerson, Florida Department of Agriculture and Consumer Services,
RaulieRaulerson?lfresh from ?orida.com

George A. Simons, P.E, Carter Associates, Inc., GeoraeS@carterassoc.com

Dylan Reingold, County Attorney Indian River County, 

David S. Dee, Florida Bar No. 281999., dde?c?gbwlegalcom

John T. LaVia, Florida Bar No. 853666, iiavi?gbwlegalgom

Dennis Corrick, DCorrickft?deaiigneadxom

Jennifer McGee, Senior Environmental Planner, McGeeJ?wstluciecom-g

Leslie Olson, Planning and Development Services Director, OlsonL?r?stlucie-cogov

Patrick Dayan, Water Quality Division Manager, DayanP@stlucieco.org

Dan McIntyre, County Attorney, MCIND@Stlucieco.org

Kate Pingolt Cotner, kcotnerfr?ircgovenm

Jason Brown, ibrown@ircgov.com

Stan Boling, 5bnling@ircgov.com

Rich 

Rick Scott

Environmental Protection
Carlos Lopez-Cantera
Southeast District Of?ce Lt- Governor
3301 Gun Club Road, MSC 7210-1 
West Palm Beach, FL 33406 Noah Valenste'n
561-681-6600 Secretary

 

STATE OF FLORIDA
DOMESTIC WASTEWATER FACILITY PERMIT

PERMITTEE: Sunbreak Farms, LLC PERMIT NUMBER: FLA979830

Authorized Representative:

Patrick B. Cheney FILE NUMBER: FLA979830-001-DW1S

5101 Minute Maid Rd. ISSUANCE DATE: March 14, 2018

Fort Pierce, Florida 34945-4351 EFFECVE DATE: March 14, 2018

Email: DMR MONITOING START DATE: When a composting site

 

is in operation.
EXPIRATION DATE: March 13, 2023

FACILITY:

Sunbreak Farms, LLC

5101 Minute Maid Road

Fort Pierce, FL 34945

St. Lucie and Indian River Counties

Latitude: 27? 31 28.05" North Longitude: 80? 32' 5096 West

This permit is issued under the provisions of Chapter 403, Florida Statutes (F.S.), and applicable rules of the Florida
Administrative Code (F.A.C.). This permit does not constitute authorization to discharge wastewater other than as
expressly stated in this permit. The above-named permittee is hereby authorized to construct and operate the
facilities in accordance with the documents attached hereto and speci?cally described as follows:

BIOSOLIDS TREATMENT FACILITY:

A new, Type 1 Biosolids Management Facility with a permitted Class AA compost production of approximately
80,000 dry tons per year. Sunbreak Farms will utilize the Modi?ed Static Aerated Pile (MSAP) method to achieve
the required compost treatment of biosolids as approved by EPA. The MSAP method has been approved as a
method modi?cation by EPA Region 9 (July 1, 2003), and its use has also been allowed by EPA Regions 4 and 8 as
an alternative Process to Further Remove Pathogens (PF RP). Biosolids will be blended at the facility with bulking
agents that primarily consist of chipped yard trash debris and other green waste and mixed at a ratio of 3-to-1 (green
waste to biosolids). They may include other organic wastes like chicken manure and other animal wastes mixed
with the biosolids. Composting of these other wastes without mixing with biosolids can be under a solid waste
compost permit at the option of the Permittee. Prior to placing blended biosolids in the management area a 50:50
blend of ground yard trash and screened compost from screening during post-processing, shall be used to create a
12-inch base layer upon which active composting will be placed. The blended biosolids will be placed into
windrows constructed to dimensions that are approximately 16 feet wide and 8 feet tall. Once each windrow or

PERMITTEE: Sunbreak Farms, LLC PERMIT NUMBER: FLA979830
FACILITY: Sunbreak Farms Biosolids Management Facility

windrow section is complete Sunbreak Farms staff shall apply a 12-inch layer of bulking agent over the top and
sides of the windrow. Pathogen reduction standards for Class AA compost will be achieved by maintaining a
minimum temperature of l31degrees (55 degrees C) in each windrow for a minimum period of 15 consecutive
days. Vector attraction reduction of Class AA compost will be achieved by maintaining aerobic composting with a
temperature greater than 104 degrees (40 degrees C) for 14 days or longer after the Pathogens period of 15 days.
Once Sunbreak Farms has con?rmed the compost product meets all permitted criteria for a Class AA fertilizer it will
be distributed and marketed as fertilizer with a Florida Department of Agriculture and Consumer Services (F DAC)
issued fertilizer license.

IN ACCORDANCE WITH: The limitations, monitoring requirements, and other conditions set forth in this cover
sheet and Part I through Part IX on pages 1 through 14 of this permit.

REPORTING AND MONITORING REQUIREMENTS

A. Limitations and Monitoring and Reporting Requirement

1. The permittee shall provide safe access points for obtaining representative samples which are required
by this permit. [62-600. 650(2)]

2. Monitoring requirements under this permit are effective on the ?rst day of the second month following
the effective date of the permit. Until such time, the permittee shall continue to monitor and report in
accordance with previously effective permit requirements, if any. During the period of operation
authorized by this permit, the permittee shall complete and submit to the Department Discharge
Monitoring Reports (DMRs) in accordance with the ?'equencies speci?ed by the REPORT type (Le.
quarterly, semiannual, annual, etc.) indicated on the DMR forms attached to this permit.
Unless speci?ed otherwise in this permit, monitoring results for each monitoring period shall be
submitted in accordance with the associated DMR due dates below. DMRs shall be submitted for each
required monitoring period including periods of no discharge.

 

 

 

 

 

REPORT Type on DMR Monitoring Period Submit by
?rst day of month - last day of month 28th day of following month
Quarterly January 1 - March 31 April 28

April 1 - June 30 July 28
July I - September 30 October 28
October 1 - December 31 January 28
Semiannual January 1 - June 30 July 28
July 1 - December 31 January 28
Annual January 1 - December 31 January 28

 

 

 

 

 

The permittee may submit either paper or electronic DMR forms. If submitting electronic DMR forms,
the permittee shall use the electronic DMR system approved by the Department and shall
electronically submit the completed DMR forms using the DEP Business Portal at
Reports shall be submitted to the Department by the twenty-eighth
(28th) of the month following the month of operation. Data submitted in electronic format is equivalent
to data submitted on signed and certi?ed paper DMR forms.

If submitting paper DMR forms, the permittee shall make copies of the attached DMR forms, without
altering the original format or content unless approved by the Department, and shall mail the
completed DMR forms to the Department's Southeast District Of?ce at the address speci?ed in Permit
Condition 3. by the twenty-eighth (28th) of the month following the month of operation.

[62-620. 61' 0(18) ][62-600. 680(1 

3. Unless speci?ed otherwise in this permit, all reports and other information required by this permit,
including 24-hour noti?cations, shall be submitted to or reported to, as appropriate, the Department's
Southeast District Of?ce at the address speci?ed below:

Florida Department of Environmental Protection

PERMITTEE: Sunbreak Farms, LLC PERMIT NUMBER: FLA979830
FACILITY: Sunbreak Farms Biosolids Management Facility

Southeast District

3301 Gun Club Road, MSC 7210-]

West Palm Beach, Florida 33406-3007Phone Number - (561)681-6600
[62-620305]

4. All reports and other information shall be signed in accordance with the requirements of Rule 62-
620.305, F.A.C. [62-620305]

II. BIOSOLIDS MANAGEMENT REQUIREMENTS
A. Basic Requirements

1. Class AA Biosolids Compost generated by this facility may be distributed and marketed or disposed of
in a Class 1 solid waste land?ll. 62-640. 880(1)]

2. The permittee shall monitor and keep records of the quantities of biosolids generated, received from
source facilities, treated, distributed and marketed, land applied, used as a biofuel or for bioenergy,
transferred to another facility, or land?lled. These records shall be kept for a minimum of ?ve years.
[62-640. 650(4) 

3. Biosolids quantities shall be monitored for each composting site by the permittee as speci?ed below.
Monitoring results of all compost sites distributed and marketed that month shall be reported on the
permittee's Discharge Monitoring Report for Monitoring Group RMP-Q in accordance with Condition

 

 

 

l.A.3.
Biosolids Limitations Monitoring Requirements
Frequency Sample Monitoring
Parameter Units Max/ Limit Statistical Basis of Analysis Type Site
Min Number

 

Biosolids Quantity
(Distributed ton Max Report Total Calculated 

Marketed in FL)
Biosolids Quantity

 

 

 

(Distributed ton Max Report Total Calculated RMP-02
Marketed outside FL)

Biosolids Quantity

(Lari (1 lle d) ton Max Report Total Calculated RMP-03
Quantity ton Max Report Total Calculated RMP-04

 

 

 

 

 

 

 

 

 

(Received)

 



4. Biosolids quantities shall be calculated as listed in Permit Condition 11.3. and as described below:

Monitoring Site Number on of Monito Site Calculations
55cc bi lie Condition A.

5.
See 10 Condition 11. A. 5.
RMP-O3 See Condition II. A. 5.
See i?c Condition 11. A. 5.

 

PERMITTEE: Sunbreak Farms, LLC PERMIT NUMBER: FLA979830
FACILITY: Sunbreak Farms Biosolids Management Facility

The following are the approved Monitoring Site Calculations:

- Dry tons gallons of biosolids 8.34 lbs/gallon ton/2000 lbs. percent solids/100

- Dry tons cubic yards (wet) of biosolids bulk density of biosolids/cubic yard ton/2000
lbs. percent solids/100

0 Dry tons wet tons percent solids/100

If a biosolids analysis is not available then the percent total solids can be estimated using 1.75
total solids for liquid biosolids and 17.75 total solids for dewatered ?cake?.

0 Percent solids will be obtained from the annual biosolids analysis required by the permit. The
gallons are the total transferred to another facility, used as a biofuel/for bioenergy or
land?lled. As a guide, a typical load of liquid biosolids removed by truck is usually 6,000
gallons.

The treatment, management, transportation, use, land application, or disposal of biosolids shall not
cause a violation of the odor prohibition in subsection .A.C. 

Storage of biosolids or other solids at this facility shall be limited to 15 days unless the Permittee
submits and receive approval of the Facility Biosolids Storage Plan. Afterwards, storage of biosolids or
other solids at this facility shall be in accordance with the Facility Biosolids Storage Plan. [62-


Biosolids shall not be spilled from or tracked off the treatment facility site by the hauling vehicle. [62-
64040069]

B. Treatment and Monitoring Requirements

1.

2.

The permittee is authorized to produce Class AA biosolids.

The permittee shall achieve Class A pathogen reduction by meeting the pathogen reduction
requirements in section (Use of PFRP (Processes to Further Reduce Pathogens -
Composting Temperatures are monitored on a daily basis at depths of 10?, 20?, 30?, and 40? at every
100? along pile or another method as approved in the operating protocol. Temperatures are greater
than 131 degrees at all locations in the pile for a minimum of 15 days.) ofTitle 40 CFR Part 503.


The permittee shall achieve vector attraction reduction for Class A or biosolids by meeting the
vector attraction reduction requirements in section (Use aerobic processes at greater than
(average temperatures for an additional 14 days or longer after completion of pathogens
reduction during biosolids composting) of Title 40 CFR Part 503. 

The time and temperature shall be routinely monitored to demonstrate compliance with pathogen
reduction requirements speci?ed in Rule 62-640600, F.A.C. 

The time and temperature shall be routinely monitored to demonstrate compliance with vector
attraction reduction requirements speci?ed in Rule 62-640600, F.A.C. 

Treatment of liquid biosolids or septage for the purpose of meeting the pathogen reduction or vector
attraction reduction requirements set forth in Rule 62-640.600, F.A.C., shall not be conducted in the
tank of a hauling vehicle. Treatment of biosolids or septage for the purpose of meeting pathogen
reduction or vector attraction reduction requirements shall take place at the permitted facility. [62-
640. 400(7)]

PERMITTEE: Sunbreak Farms, LLC
FACILITY: Sunbreak Farms Biosolids Management Facility

PERMIT NUMBER: FLA979830

7. Class AA biosolids shall comply with the limits and be monitored by the permittee as speci?ed below.
Results shall be reported on the permittee's Discharge Monitoring Report in accordance with Permit
Condition I.A.3. Biosolids shall not be distributed and marketed or land applied ifa single sample

result or the average of sample results for any parameter exceeds the following Class AA

parameter concentrations:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Biosolids Limitations Monitoring Requirements
Frequency Sample Monitoring
Parameter Units Max/ Limit Statistical Basis of Type Site Number
Min Analysis

Nitrogen, Sludge, Total, Dry .
Weight as N) percent Max Report Average Composne RM P-AA
Phosphorus, Sludge, Total, Dry .
Weight (as P) percent Max Report Average CompOSIte RMP-AA
Potassium, Sludge, Total, Dry .
Weight I as K) percent Max Report Average Composne RMP-AA
Arsenic Total, Dry Weight, Max 4l .0 Average .
Sludge mg/kg Max 75.0 Single Sample CompOSIte 
Cadmium, Sludge, Total, Dry Max 39.0 Average .
Weight (as Cd) mg/kg Max 85.0 Single Sample CompOSIte RMP-AA
Copper, Sludge, Total, Dry Max 1500.0 Average .
Weight. (as Cu) "lg/kg Max 4300.0 Single Sample Mommy 
Lead, Dry Weight, Sludge Max 300.0 Average .

mg/kg Max 840.0 Single Sample Composrte RM P-AA
Mercury, Dry Weight, Sludge Max 17.0 Average .

mg/kg Max 570 Single Sample Composrte RMP-AA
g??gdenum? Dry we'ght? mg/kg Max 75.0 Single Sample Composite RMP-AA
Nickel, Dry Weight, Sludge Max 420.0 Average .

mg/kg Max 4200 Single Sample CompOSIte RMP-AA
Selenium Sludge Solid Max [00.0 Average .

mg/kg Max 1000 Single Sample CompOSIte 
Zinc, Dry Weight, Sludge Max 2800.0 Average .

mg/kg Max 75000 Single Sample Composrte RMP-AA
PH s.u. Max Report Single Sample Grab RMP-AA
Solids, Total, Sludge, Percent Max Report Average .

percent Max Report Single Sample CompOSIte RMP-AA
Coliform, Fecal Max l000.0 Single Sample Grab RMP-AA
Salmonella Sludge Max 3.0 Single Sample Grab RMP-AA

 

*Either the fecal coliform limit or Salmonella sp. limit must be met.
**Note, averages of parameter concentrations shall be determined by taking the arithmetic
mean of all sample results for the month. 62-640. 700(5)(a), 62-640. 700(5)(b)

and 62-640. 850(4)]

8. Class AA biosolids that are stored for more than 45 days shall be re-sampled for fecal coliform or

Salmonella sp. every Month until removed from the Storage pads. 

8. Sampling and analysis shall be conducted in accordance with 40 CFR Part 503.8 and the U.S.

Environmental Protection Agency publication - POTW Sludge Sampling and Analysis Guidance

Doculiient, August 1989. In cases where con?icts exist between 40 CFR 503.8 and the Sludge
Sampling and Analysis Guidance Document, the requirements in 40 CFR Part 503.8 will apply. [62-

640. 650(3)(a) 1]

9. All samples shall be representative and shall be taken after ?nal treatment of the biosolids but before

land application or distribution and marketing. 

 

PERMITTEE: Sunbreak Farms, LLC PERMIT NUMBER: FLA979830
FACILITY: Sunbreak Farms Biosolids Management Facility

10. Biosolids samples shall be taken at the composting site locations listed in II. B. 7. and as described

 

 

 

below:
ll Monitoring Site Number Description of Monitoring Site Ii
RMP-AA Class AA Biosolids Samples composite representative sample of the compost piles
after com?etion of Pathogens Reduction and Vector Attraction Reduction has been completed .

 

 

C. Distribution and Marketing

2.

3.

Biosolids or biosolids products may be distributed and marketed only if the biosolids or biosolids
products meet Class AA standards and are either sold or given-away under a Florida fertilizer license
or distributed and marketed to a person or entity that will sell or give-away the biosolids or biosolids
products under Florida fertilizer license. Biosolids composts that are enrolled and certified under the
US. Composting Council's Seal of Testing Assurance (USCC STA) program do not have to be sold or
given-away under a Florida fertilizer license except if distributed and marketed within the Lake
Okeechobee, St. Lucie River, and Caloosahatchee River watersheds. [62-640.850]

Within 24 hours of discovering that distributed and marketed biosolids did not meet the Class AA
standards, the permittee shall notify the Department and all persons to whom they delivered or
distributed and marketed the Class AA biosolids. 

The permittee shall make the following information available to users by product labels or other
means:

a. The fertilizer label required by Florida fertilizer law or the equivalent information required by the
USCC STA program;

b. The name and address of the facility or person that produced the Class AA biosolids;

c. A statement that the biosolids or biosolids product meets the criteria of subsection 


d. Recommendation that biosolids be applied at a rate that does not exceed crop or plant nutrient
needs and;

e. Recommendations on proper storage of the biosolids or biosolids product prior to use. For
distributed quantities of biosolids or biosolids products greater than one dry ton, the
recommendations shall include that biosolids may not be stored on property for more than seven
days unless stored to prevent runoff of biosolids or stormwater that has been in contact with
biosolids, violation ofthe odor prohibition in subsection F.A.C., and vector
attraction.



D. Disposal

.

Disposal of biosolids, septage, and "other solids? in a solid waste disposal facility, or disposal by
placement on land for purposes other than soil conditioning or fertilization, such as at a mono?ll,
surface impoundment, waste pile, or dedicated site, shall be in accordance with Chapter 62-70l, .A.C.


E. Receipt

The permittee shall enter into a written agreement with each source facility that it intends to receive
biosolids from. The agreement shall address the quality and quantity of the biosolids accepted by the
permittee. The agreement shall include a statement, signed by the permittee, as to the availability of
suf?cient permitted capacity to receive the biosolids from the source facility, and indicating that the
permittee will continue to operate in compliance with the requirements of its permit. The agreement

PERMITTEE: Sunbreak Farms, LLC PERMIT NUMBER: FLA979830
FACILITY: Sunbreak Farms Biosolids Management Facility

[11.

I.

shall also address responsibility during transport of biosolids between the facilities. The permittee shall
submit a copy of this agreement to the Department's Southeast District Of?ce at least 30 days before
transporting biosolids from the source facility to the permittee. [62-640. 880(1) 

GROUND WATER REQUIREMENTS

Section is not applicable to this facility.

IV. ADDITIONAL REUSE AND LAND APPLICATION REQUIREMENTS

1.

Section IV is not applicable to this facility.

V. OPERATION AND MAINTENANCE REQUIREMENTS

A. Staf?ng Requirements

During the period of operation authorized by this permit, the wastewater facilities shall be operated
under the supervision of one or more operators certi?ed in accordance with Chapter 62-602, F.A.C. In
accordance with Chapter 62-699, F.A.C., this facility is a Type I Biosolids Treatment Facility and, at a
minimum, operators with appropriate certi?cation must be on the site as follows:

The level of operator staf?ng at a biosolids treatment facility shall be Class A Operator for 8 hours/day
for 5 days/week.

An alternative to the above staf?ng is as follows:

A Certi?ed Compost Program Manager certi?ed by the Solid Waste Association of North America
(SWANA), in partnership with the US. Composting Council's Professional Credentials Committee or
a Florida Professional Engineer. A lead/chief operator shall be present at the facility at least 8 hours
per week. 

A lead operator assistant under the direct supervision of the lead/chief operator shall be present at the
facility 8 hours/day for 5 days/week. If the lead/chief operator is present more than 8 hours per week,
the lead/chief operator can substitute for the lead operator assistant coverage on an hour for hour basis
for hours over the minimum 8 hours per week. The lead/chief operator and the lead operator assistant
shall work together at the plant for at least 8 hours per week unless the lead/chief operator works more
than 8 hours/day for 5 days/week. 

A lead/chief operator or a Florida Professional Engineer (P.E) shall be available during all periods of
plant operation. "Available" means able to be contacted as needed to initiate the appropriate action in a
timely manner. Due to the nature of the composting operations, seldom will a lead/chief operator or
PE. be needed outside normal work schedules. [62-69931 (6) and 

B. Capacity Analysis Report and Operation and Maintenance Performance Report Requirements

1.

The application to renew this permit shall include a detailed operation and maintenance performance
report prepared in accordance with Rule 62-600.735, F.A.C. [62-600. 735(1)]

C. Recordkeeping Requirements

The permittee shall maintain the following records and make them available for inspection on the site
of the permitted facility.

a. Records of all compliance monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation,
including, if applicable, a copy of the laboratory certi?cation showing the certi?cation number of
the laboratory, for at least three years from the date the sample or measurement was taken;

PERMITTEE: Sunbreak Farms, LLC PERMIT NUMBER: FLA979830
FACILITY: Sunbreak Farms Biosolids Management Facility

b. Copies of all reports required by the permit for at least three years from the date the report was
prepared;

c. Records of all data, including reports and documents, used to complete the application for the
permit for at least three years from the date the application was ?led;

d. Monitoring information, including a copy of the laboratory certi?cation showing the laboratory
certi?cation number, related to the residuals use and disposal activities for the time period set forth
in Chapter 62-640, F.A.C., for at least three years from the date of sampling or measurement;

A copy of the current permit;
A copy of the current operation and maintenance manual as required by Chapter 62-600, 

A copy of any required record drawings;

.7097??

Copies of the licenses of the current certi?ed operators;

Copies of the logs and schedules showing plant operations and equipment maintenance for three
years from the date of the logs or schedules. The logs shall, at a minimum, include identi?cation
of the plant; the signature and license number of the operator(s) and the signature of the person(s)
making any entries; date and time in and out; speci?c operation and maintenance activities,
including any preventive maintenance or repairs made or requested; results of tests performed and
samples taken, unless documented on a laboratory sheet; and notation of any noti?cation or
reporting completed in accordance with Rule F.A.C. The logs shall be maintained
on-site in a location accessible to 24-hour inspection, protected from weather damage, and current
to the last operation and maintenance performed; and

j. Records of biosolids quantities, treatment, monitoring, and hauling for at least ?ve years.
[62-620.350, 62-602.650, 
VI. SCHEDULES

I. The following self-improvement actions (the following schedule is nol a compliance schedule) are planned
by the Permittee according to the following schedule:

 

Improvement Action Completion Date
1. Completion construction of composting facility July 1. 2020

 

 

 

 

 

 

2. Prior to placing the new facilities into operation or any individual unit processes into operation, for any
purpose other than testing for leaks and equipment operation, the Permittee shall complete and submit to the
Department DEP Form Noti?cation of Completion of Construction for Wastewater
Facilities or Activities. The project calls for a number of pads to be used for the composting operation and
the retention basin for stormwater treatment. Each pad and respective retention basin should be certi?ed
complete. This may include multiple partial certi?cation. After all the planned basins and retention basins
are certi?ed, the Permittee shall indicate this is a ?nal certi?cation. 

3. Within six months after a facility is placed in operation, the permittee shall provide written
certi?cation to the Department on Form that record drawings pursuant to Chapter 62-
620, F.A.C., and that an operation and maintenance manual pursuant to Chapters 62-600 and 62-610,
F.A.C., as applicable, are available at the location speci?ed on the form. This will include partial
certi?cations. and 

4. The permittee is not authorized to produce distribute and market composted biosolids after the
expiration date of this permit, unless:

a. The permittee has applied for renewal of this permit at least 180 days before the expiration date of
this permit using the appropriate forms listed in Rule 62-620.910, F.A.C., and in the manner
established in the Department of Environmental Protection Guide to Permitting Wastewater

PERMITTEE: Sunbreak Farms, LLC PERMIT NUMBER: FLA979830
FACILITY: Sunbreak Farms Biosolids Management Facility

VII.

Facilities or Activities Under Chapter 62-620, F.A.C., including submittal of the appropriate
processing fee set forth in Rule 62-4050, or

b. The permittee has made complete the application for renewal of this permit before the permit

expiration date.

- 
INDUSTRIAL PRETREATMENT PROGRAM REQUIREMENTS

This facility is not required to have a pretreatment program. [62-625.500]

OTHER SPECIFIC CONDITIONS

In the event that the treatment facilities or equipment no longer function as intended, are no longer safe
in terms of public health and safety, or odor, noise, aerosol drift, or lighting adversely affects
neighboring developed areas at the levels prohibited by Rule .A.C., corrective
action (which may include additional maintenance or modifications of the permitted facilities) shall be
taken by the permittee. Other corrective action may be required to ensure compliance with rules of the
Department. Additionally, the treatment, management, use or land application of residuals shall not
cause a violation of the odor prohibition in Rule F.A.C. and 62-


The permittee shall provide verbal notice to the Department's Southeast District Office as soon as
practical after discovery of a sinkhole or other karst feature within an area for the management or
application of wastewater, wastewater residuals (sludges), or reclaimed water. The permittee shall
immediately implement measures appropriate to control the entry of contaminants, and shall detail
these measures to the Department's Southeast District Office in a written report within 7 days of the
sinkhole discovery. 

IX. GENERAL CONDITIONS

In

The terms, conditions, requirements, limitations, and restrictions set forth in this permit are binding
and enforceable pursuant to Chapter 403, Florida Statutes. Any permit noncompliance constitutes a
violation of Chapter 403, Florida Statutes, and is grounds for enforcement action, permit termination,
permit revocation and reissuance, or permit revision. 

This permit is valid only for the specific processes and operations applied for and indicated in the
approved drawings or exhibits. Any unauthorized deviations from the approved drawings, exhibits,
specifications, or conditions of this permit constitutes grounds for revocation and enforcement action
by the Department. 

As provided in subsection .S., the issuance of this permit 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 authorize any infringement of federal, state, or local laws or
regulations. This permit is not a waiver of or approval of any other Department permit or authorization
that may be required for other aspects of the Total project which are not addressed in this permit. [62-
620. 610(3)]

This permit 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 herein provided and the
necessary title or leasehold interests have been obtained ?'om the State. Only the Trustees of the
Internal Improvement Trust Fund may express State opinion as to title. 

This permit does not relieve the permittee from liability and penalties for harm or injury to human
health or welfare, animal or plant life, or property caused by the construction or operation of this
permitted source; nor does it allow the permittee to cause pollution in contravention of Florida Statutes

PERMITTEE: Sunbreak Farms, LLC PERMIT NUMBER: FLA979830
FACILITY: Sunbreak Farms Biosolids Management Facility

12.

and Department rules, unless speci?cally authorized by an order from the Department. The permittee
shall take all reasonable steps to minimize or prevent any discharge, reuse of reclaimed water, or
biosolids use or disposal in violation of this permit which has a reasonable likelihood of adversely
affecting human health or the environment. It shall not be a defense for a permittee in an enforcement
action that it would have been necessary to halt or reduce the permitted activity in order to maintain
compliance with the conditions of this permit. 

If the permittee wishes to continue an activity regulated by this permit after its expiration date, the
permittee shall apply for and obtain a new permit. 

The permittee shall at all times properly operate and maintain the facility and systems of treatment and
control, and related appurtenances, that are installed and used by the permittee to achieve compliance
with the conditions of this permit. This provision includes the operation of backup or auxiliary
facilities or similar systems when necessary to maintain or achieve compliance with the conditions of
the permit. [62-620. 61 0( 

This permit may be modi?ed, revoked and reissued, or terminated for cause. The ?ling of a request by
the permittee for a permit revision, revocation and reissuance, or termination, or a noti?cation of
planned changes or anticipated noncompliance does not stay any permit condition. 

The permittee, by accepting this permit, speci?cally agrees to allow authorized Department personnel,
including an authorized representative of the Department and authorized EPA personnel, when
applicable, upon presentation of credentials or other documents as may be required by law, and at
reasonable times, depending upon the nature of the concern being investigated, to:

a. Enter upon the permittee's premises where a regulated facility, system, or activity is located or
conducted, or where records shall be kept under the conditions of this permit;

b. Have access to and copy any records that shall be kept under the conditions of this permit;

0. Inspect the facilities, equipment, practices, or operations regulated or required under this permit;
and

d. Sample or monitor any substances or parameters at any location necessary to assure compliance
with this permit or Department rules.

[62-620. 610(9)]

. ln accepting this permit, the permittee understands and agrees that all records, notes, monitoring data,

and other information relating to the construction or operation of this permitted source which are
submitted to the Department may be used by the Department as evidence in any enforcement case
involving the permitted source arising under the Florida Statutes or Department rules, except as such
use is proscribed by Section 403.1 1 l, F.S., or Rule 62-620.302, F.A.C. Such evidence shall only be
used to the extent that it is consistent with the Florida Rules of Civil Procedure and applicable
evidentiary rules. 

. When requested by the Department, the permittee shall within a reasonable time provide any

information required by law which is needed to determine whether there is cause for revising, revoking
and reissuing, or terminating this permit, or to determine compliance with the permit. The permittee
shall also provide to the Department upon request copies of records required by this permit to be kept.
[f the permittee becomes aware of relevant facts that were not submitted or were incorrect in the permit
application or in any report to the Department, such facts or information shall be submitted
or corrections reported to the Department. 

Unless speci?cally stated otherwise in Department rules, the permittee, in accepting this permit, agrees
to comply with changes in Department rules and Florida Statutes alter a reasonable time for
compliance; provided, however, the permittee does not waive any other rights granted by Florida
Statutes or Department rules. A reasonable time for compliance with a new or amended surface water
quality standard, other than those standards addressed in Rule 62-302.500, .A.C., shall include a

10

PERMITTEE: Sunbreak Farms, LLC PERMIT NUMBER: FLA979830
FACILITY: Sunbreak Farms Biosolids Management Facility

14.

15.

I6.



reasonable time to obtain or be denied a mixing zone for the new or amended standard. [62-


. The permittee, in accepting this permit, agrees to pay the applicable regulatory program and

surveillance fee in accordance with Rule 624.052, F.A.C. 

This permit is transferable only upon Department approval in accordance with Rule 62-620.340,
F.A.C. The permittee shall be liable for any noncompliance of the permitted activity until the transfer
is approved by the Department. 

The permittee shall give the Department written notice at least 60 days before inactivation or
abandonment of a wastewater facility or activity and shall specify what steps will be taken to safeguard
public health and safety during and following inactivation or abandonment. 

The permittee shall apply for a revision to the Department permit in accordance with Rules 62-
620.300, F.A.C., and the Department of Environmental Protection Guide to Permitting Wastewater
Facilities or Activities Under Chapter 62-620, .A.C., at least 90 days before construction of any
planned substantial modi?cations to the permitted facility is to commence or with Rule 
F.A.C., for minor modi?cations to the permitted facility. A revised permit shall be obtained before
construction begins except as provided in Rule 62-620.300, F.A.C. 

. The permittee shall give advance notice to the Department of any planned changes in the permitted

facility or activity which may result in noncompliance with permit requirements. The permittee shall
be responsible for any and all damages which may result from the changes and may be subject to
enforcement action by the Department for penalties or revocation of this permit. The notice shall
include the following information:

a. A description of the anticipated noncompliance;
b. The period of the anticipated noncompliance, including dates and times; and

0. Steps being taken to prevent future occurrence of the noncompliance.



Sampling and monitoring data shall be collected and analyzed in accordance with Rule 62-4246 and
Chapters 62-160, 62-600, and 62-610, F.A.C., and 40 CFR 136, as appropriate.

a. Monitoring results shall be reported at the intervals speci?ed elsewhere in this permit and shall be
reported on a Discharge Monitoring Report (DMR), DEP Form or as speci?ed
elsewhere in the permit.

b. If the permittee monitors any contaminant more frequently than required by the permit, using
Department approved test procedures, the results of this monitoring shall be included in the
calculation and reporting of the data submitted in the DMR.

c. Calculations for all limitations which require averaging of measurements shall use an arithmetic
mean unless otherwise speci?ed in this permit.

d. Except as speci?cally provided in Rule 62-160.300, F.A.C., any laboratory test required by this
permit shall be performed by a laboratory that has been certi?ed by the Department of Health
Environmental Laboratory Certi?cation Program (DOI-I ELCP). Such certi?cation shall be for the
matrix, test method and analyte(s) being measured to comply with this permit. For domestic
wastewater facilities, testing for parameters listed in Rule F.A.C., shall be
conducted under the direction of a certi?ed operator.

e. Field activities including on-site tests and sample collection shall follow the applicable standard
operating procedures described in adopted by reference in Chapter 62-160,
F.A.C.

ll

PERMITTEE: Sunbreak Farms, LLC PERMIT NUMBER: FLA979830
FACILITY: Sunbreak Farms Biosolids Management Facility

20.

f. Alternate ?eld procedures and laboratory methods may be used where they have been approved in
accordance with Rules 62-160220, and 62-] 60.330, F.A.C.



. Reports of compliance or noncompliance with, or any progress reports on, interim and ?nal

requirements contained in any compliance schedule detailed elsewhere in this permit shall be
submitted no later than 14 days following each schedule date. [62-620. 6100 

The permittee shall report to the Department's Southeast District Of?ce any noncompliance which may
endanger health or the environment. Any information shall be provided orally within 24 hours from
the time the permittee becomes aware of the circumstances. A written submission shall also be
provided within ?ve days of the time the permittee becomes aware of the circumstances. The written
submission shall contain: a description of the noncompliance and its cause; the period of
noncompliance including exact dates and time, and if the noncompliance has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.

a. The following shall be included as information which must be reported within 24 hours under this

condition:

(1) Any unanticipated bypass which causes any reclaimed water or ef?uent to exceed any permit
limitation or results in an unpermitted discharge,

(2) Any upset which causes any reclaimed water or the effluent to exceed any limitation in the
permit,

(3) Violation ofa maximum daily discharge limitation for any ofthe pollutants speci?cally listed
in the permit for such notice, and

(4) Any unauthorized discharge to surface or ground waters.

b. Oral reports as required by this subsection shall be provided as follows:

(1) For unauthorized releases or spills of treated or untreated wastewater reported pursuant to
subparagraph that are in excess of 1,000 gallons per incident, or where information
indicates that public health or the environment will be endangered, oral reports shall be
provided to the STATE WATCH OFFICE TOLL FREE NUMBER (800) 320-0519, as soorI
as practical, but no later than 24 hours from the time the permittee becomes aware of the
discharge. The permittee, to the extent known, shall provide the following information to the
State Watch Of?ce:

Name, address, and telephone number of person reporting;

Name, address, and telephone number of permittee or responsible person for the
discharge;

Date and time of the discharge and status of discharge (ongoing or ceased);

Characteristics of the wastewater spilled or released (untreated or treated, industrial or
domestic wastewater);

Estimated amount of the discharge;

Location or address of the discharge;

Source and cause of the discharge;

Whether the discharge was contained on-site, and cleanup actions taken to date;

Description of area affected by the discharge, including name of water body affected, if
any; and

Other persons or agencies contacted.

(2) Oral reports, not otherwise required to be provided pursuant to subparagraph b.l above, shall
be provided to the Department's Southeast District Of?ce within 24 hours from the time the
permittee becomes aware of the circumstances.

0. If the oral report has been received within 24 hours, the noncompliance has been corrected, and
the noncompliance did not endanger health or the environment, the Department's Southeast
District Of?ce shall waive the written report.



PERMITTEE: Sunbreak Farms, LLC PERMIT NUMBER: FLA979830
FACILITY: Sunbreak Farms Biosolids Management Facility

21. The permittee shall report all instances of noncompliance not reported under Permit Conditions 7.,
IX.18., or 9. ofthis permit at the time monitoring reports are submitted. This report shall contain
the same information required by Permit Condition IX.20. of this permit. 

22. Bypass Provisions.

a.

b.

"Bypass" means the intentional diversion of waste streams from any portion of a treatment works.

Bypass is prohibited, and the Department may take enforcement action against a permittee for

bypass, unless the permittee af?rmatively demonstrates that:

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
and

(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or maintenance during normal periods of equipment
downtime. This condition is not satis?ed if adequate back-up equipment should have been
installed in the exercise of reasonable engineeringjudgment to prevent a bypass which
occurred during normal periods of equipment downtime or preventive maintenance; and

(3) The permittee submitted notices as required under Permit Condition of this permit.

If the permittee knows in advance of the need for a bypass, it shall submit prior notice to the
Department, if possible at least 10 days before the date of the bypass. The permittee shall submit
notice of an unanticipated bypass within 24 hours of learning about the bypass as required in
Permit Condition IX.20. of this permit. A notice shall include a description of the bypass and its
cause; the period of the bypass, including exact dates and times; if the bypass has not been
corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce,
eliminate, and prevent recurrence of the bypass.

The Department shall approve an anticipated bypass, after considering its adverse effect, if the
permittee demonstrates that it will meet the three conditions listed in Permit Condition 1X.22.b.(l)
through (3) of this permit.

A permittee may allow any bypass to occur which does not cause reclaimed water or ef?uent
limitations to be exceeded if it is for essential maintenance to assure ef?cient operation. These
bypasses are not subject to the provisions of Permit Condition through d. of this permit.



23. Upset Provisions.

a.

"Upset" means an exceptional incident in which there is unintentional and temporary
noncompliance with technology?based ef?uent limitations because of factors beyond the
reasonable control of the permittee.

(1) An upset does not include noncompliance caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of preventive maintenance, careless or
improper operation.

(2) An upset constitutes an af?rmative defense to an action brought for noncompliance with
technology based permit ef?uent limitations if the requirements of upset provisions of Rule
62-620.610, F.A.C., are met.

A permittee who wishes to establish the af?rmative defense of upset shall demonstrate, through

properly signed contemporaneous operating logs, or other relevant evidence that:

(1) An upset occurred and that the permittee can identify the cause(s) of the upset;

(2) The permitted facility was at the time being properly operated;

(3) The permittee submitted notice of the upset as required in Permit Condition 1X20. of this
permit; and

(4) The permittee complied with any remedial measures required under Permit Condition IX.5. of
this permit.

13

PERMITTEE: Sunbreak Farms, LLC

FACILITY: Sunbreak Farms Biosolids Management Facility

PERMIT NUMBER: FLA979830

c. In any enforcement proceeding, the burden of proof for establishing the occurrence of an upset

rests with the permittee.

(1. Before an enforcement proceeding is instituted, no representation made during the Department
review of a claim that noncompliance was caused by an upset is ?nal agency action subject to

judicial review.

[62-620. 610(23)]

Executed in West Palm Beach, Florida.

STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION

WK 
March 14, 2018

Jennifer K. Smith Date
Southeast District Director

Department of Environmental Protection
3301 Gun Club Road

MSC 7210-]

West Palm Beach, FL 33407

 

brk: FLA979830-00 1-DW1 

14

DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT - PART A

When Completed submit this report to: Department of Environmental Protection, 330] Gun Club Road, MSC 7210-], West Palm Beach, FL 33406-3007

 

 

 

 

 

 

 

 

 

 

 

 

 

PERMITTEE NAME: Fa PERMIT NUMBER: FLA979830-001-DWIS
MAILING ADDRESS: 5101 Minute Maid Rd
Fort Pierce, Florida 34945?4351 LIMIT: Final REPORT FREQUENCY: 
CLASS SIZE: PROGRAM: Domestic
FACILITY: Sunbreak Farms MONITORING GROUP NUMBER: RMP-AA
LOCATION: SIOI Minute Maid Road MONITORING GROUP DESCRIPTION: Class AA Biosolids Management Composting
Fort Pierce, FL 34945- RE-SUBMITTED DMR: 
N0 DISCHARGE FROM SITE: El
COUNTY St Lucie MONITORING PERIOD From: To: 
OFFICE: Southeast District
Parameter Quantity or Loading Units Quality or Concentration Units No. Frequency of Sample Type
Ex. Analvsis
Nitrogen. Sludge, Tot, Dry Wt (as N) Sample
Measurement
PARM Code 78470 Permit Report Composite
Mon Site No Requirement (Mo Avg)
Phosphorus, Sludge, Tot, Dry Wt (as P) Sample
Measurement
PARM Code 78478 Permit Report Percent Composite
Mon Si_t.e No Requirement IMO Ave I
Potassium, Sludge, Tot, Dry Wt (as K) Sample
Measurement
PARM Code 78472 Permit Report percent Composite
Mon Site No RNLP-AA Requirement (Mo Avg.)
Arsenic Total, Dry Weight, Sludge Sample
Measurement
PARM Code 49565 Pemiit 4t 0 75 0 mg/kg Composite
Mon Site No Requirement (MoAvg) (Max)
Cadmium, Sludge, Tot, Dry Weight (as Sample
Cd) Measurement
PARM Code 78476 Permit 39 0 35 0 lug/kg Composite
Mon Site No Requirement (MoAvg I (Max)
Copper, Sludge, Tot, Dry Wt (as Cu) Sample
Measurement
PARM Code 78475 Permit 1500 0 4300 0 "talks Composite
Mon Site No RMP-AA Requirement (Mo Avg) (Max)

 

 

 

 

 

 

 

 

 

 

 

 

 

'IilTllER FIECAI. LIMIT 0R SALMONELLA SP LIMIT MUST BE MET

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 quali?ed personnel properly gather and evaluate
the information submitted Based on my inquiry ofthe 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, tnie, accurate, and complete lam aware that there are signi?cant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations

 

0F PRINCIPAL EXECUTIVE OFFICER 0R AU IHURIZED AGENT

SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT

TELEPHONE NO

DATE 

 

 

 

 

 

 

COMMENT AND EXPLANATION DI: ANY [Reference all here):

DATE March 2018 

 

 

DISCHARGE MONITORING REPORT - PART A (Continued)

FACILITY: Farms MONITORING GROUP RMP-AA PERMIT NUMBER: 
UMBER:
MONITORING PERIOD From: To

Parameter Quantity or Loading Units Quality or Concentration No Frequency of Sample Type
Ex
Lead, Dry Weight, Sludge
PARM Code 78468 Composite

-A A
Mercury, Dry Weight. Sludge

PARM Code 78471 Composite
Site No 
Dry Weight, 

ARM Code 78465 Composite
A .

Nickel, Dry Weight, Sludge Sample

FARM Code 78469 Permit "lg/kg Composite
Mon No RMP-AA
Selenium Sludge Solid Sample
Measurement
FARM Code 6] 518 Permit Composite

Zinc. Dry Weight, Sludge Sample
FARM Code 78467 Permit Composite
pH Sample
ARM Code 00400 Penmt 
Site No RMP-AA uirement

Solids. Total, Sludge, Percent Sample

PARM Code 61553 Permit percent Composite
A
Colit'orm, Fecal Sample

PARM Code 74055 
Mon Site RMP-AA

FARM Code 71204 
Mon Site No 

 

DATE March 2018 2

DEPARTMENT OF ENVIRONMENTAL PROTECTION DISCHARGE MONITORING REPORT - PART A
When Completed submit this report to: Department of Environmental Protection, 330] Gun Club Road, MSC 7210-l, West Palm Beach, FL 33406-3007

PERMITTEE NAME: Sunbreak Farms PERMIT NUMBER: 
MAILING ADDRESS: SIOI Minute Maid Rd
Fort Pierce, Florida 3494 5?435] LIMIT: Final REPORT FREQUENCY: 
CLASS SIZE: PROGRAM: Domestic
FACILITY: Sunbreak Farms MONITORING GROUP NUMBER: RMP-Q
LOCATION: 5101 Minute Maid Road MONITORING GROUP DESCRIPTION: Biosolids Quantity
Fort Pierce, FL 34945- RIB-SUBMITTED DMR:
N0 DISCHARGE FROM SITE: El
COUNTY: St Lucie MONITORING PERIOD From: To:
OFFICE: Southeast District

Parameter Quantity or Loading Quality or Concentration No Frequency of Sample Type
Biosolids Quantity (Land?lled) Sample
PARM Code 30008 Permit Calculated
Biosolids Quantity (Distributed Sample
Marketed in FL)

ARM Code B0004 Permit Calculated
Site No 

Biosollds Quantity (Distributed Sample
Marketed outside FL) Measurement
PARM Code B0005 tons Calculated

Biosolids Quantity (Received) Sample

PARM Code B0002 Permit Calculated

 

I certify under penalty oflaw that this document and all anachments were prepared under my direction or supervision in accordance with a system designed to assure that quali?ed 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 [am aware that there are significant penalties for submitting false information, including the possibility of ?ne and imprisonment for knowing violations

 

OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TELEPHONE NO DATE 

 

 

 

 

 

 

 

COMMENT AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here):

DATE: March 2018 3

INSTRUCTIONS FOR COMPLETING THE WASTEWATER DISCHARGE MONITORING REPORT

Read these instructions before completing the DMR Hard copies and/or electronic copies ofthe required parts ofthe DMR were provided with the permit All required information shall be completed in full and typed or
printed in ink A signed, original DMR shall be mailed to the address primed on the DMR by the 28m ofthe month following the monitoring period Facilities who submit their electronically through do not
need to submit a hardcopy DMR The DMR shall not be submitted before the end of the monitoring period

The DMR consists of three parts?A, B, 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 ef?uent or reclaimed water data All domestic wastewater
facilities will have a Part for reporting daily sample results Part is used for reporting ground water monitoring well data

When results are not available, the following codes should be used on parts A and ofthe DMR and an explanation provided where appropriate Note: Codes used on Part for raw data are different

 

 

 


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 0TH Other Please enter an explanation of why monitoring data were not available
IFS Insufficient flow for sampling SEF Sampling equipment failure
LS Lost sample
MNR Monitoring not ruptured this permit

 

 

 

 

 

 

When reporting analytical results lhat fall below a laboratory's reported method detection limits or practical quanti?cation limits, the following instructions should be used, unless indicated otherwise in the permit or on the
DMR:

1 Results greater than or equal to the PQL shall be reported as the measured quantity

2 Results less than the PQL and greater than or equal to the MDL shall be reported as the laboratory's MDL value These values shall be deemed equal to the MDL when necessary to calculate an average for that
parameter and when determining compliance with pen'nit limits

3 Results less than the MDL shall be reported by entering a less than sign followed by the laboratory's MDL value, 0 00! A value of one-halfthe MDL or one-half the ef?uent limit, whichever is lower,
shall be used for that sample when necessary to calculate an average for that parameter Values less than the MDL are considered to demonstrate compliance with an ef?uent limitation

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 ?nal, and the required submittal frequency (e annually, quarterly, etc Submit Part A based on the required reporting frequency in the header and the instructions shown in the permit
The following should be completed by the permittee or authorized representative:

Resubmitted DMR: Check this box ifthis DMR is being re?submitted because there was information missing from or information that needed correction on a previously submitted DMR The information that is being
revised should be clearly noted on the re-submitted DMR (e highlight, circle, etc)

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 ofthe parameters on the DMR for the entire monitoring group number; however, if the
monitoring group includes other monitoring locations (e influent sampling), the 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 ofthe monitoring period (i the month, the quarter, the year, etc during which the data on this report were collected and analyzed

Sample Measurement: Before ?lling in sample measurements in the table, check to see that the data collected correspond to the limit indicated on the DMR (i 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 in the non-shaded area above the limit Be sure the result being entered corresponds to the appropriate statistical base code (e 
annual average, average, single sample maximum, etc and units Data quali?er codes are not to be reported on Part A

No. Ex.: Enter the number ofsample measurements during the monitoring period that exceeded the permit limit for each parameter in the non-shaded area If none, enter zero

Frequency ofAnalysis: The shaded areas in this column contain the minimum number oftimes the measurement is required to be made according to the permit Enter the actual number oftimes the measurement was made
in the space above the shaded area

Sample Type: The shaded areas in this column contain the type ofsample (e grab, composite, continuous) required by the permit Enter the actual sample type that was ta ken in the space above the shaded area
Signature: This report must be signed in accordance with Rule 62-620 305, A Type or print the name and title of the signing of?cial 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 [f more space is needed, reference all attachments in this

area

DATE: March 2018 4

PART - DAILY SAMPLE RESULTS

Monitoring Period: Enter the month. day, and year for the ?rst and last day ofthe monitoring period (i the month, the quarter, the year, etc during which the data on this report were collected and analyzed
Daily Monitoring Results: Transfer all analytical data from your facility's laboratory or a contract laboratory's data sheets for all day(s) that samples were collected Record the data in the units indicated Table in Chapter 62-l60,
A contains a complete list ofalI the data quali?er codes that your laboratory may use when reporting analytical results However, when transferring numerical results onto Part of the DMR, only the following data quali?er

r: 

for but not detected

 

Value is the mean oftwo or
Estimated value not accurate
held time
from
To calculate the average, add each valor.- to gel il- For flow. divide this total by the number of days in the month For all other parameters, divide the total by the number of observations

Plant Staf?ng: List the name, certi?cate number. and Iifull slate certi?ed operators operating the facility during the monitoring period Use additional sheets as necessary
PART - GROUND WATER MONITORING REPORT

Monitoring Period: Enter the month, day, and year for the ?rst and last day of the monitoring period (i the month, the qua rter, 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 ofthe analysis lfthe result was below the minimum detection limit, indicate that Data qualifier codes are not to be reported on Part 

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, A or from other sources

Sampling Equipment Used: Indicate the procedure used to collect the sample (e airlift, bucketlbailer, centrifugal pump, etc)

Samples Filtered: Indicate whether the sample obtained was ?ltered by laboratory (L), filtered in ?eld (F), or un?ltered (N)

Signature: This report must be signed in accordance with Rule 62-620 305, A Type or print the name and title of the signing of?cial Include the telephone number where the of?cial 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 that are unexpected If more space is needed, reference all attachments in this area

SPECIAL INSTRUCTIONS FOR LIMITED WET WEATHER DISCHARGES

Flow (Limited Wet Weather Discharge): Enter the measured average flow rate during the period ofdischarge or divide gallons discharged by duration ofdischarge (converted into days) Record in million gallons per day (MGD)
Flow (Upstream): Enter the average ?ow rate in the receiving stream upstream from the point of discharge for the period ofdischarge 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

Actual Stream Dilution Ratio: To calculate the Actual Stream Dilution Ratio, divide the average upstream ?ow rate by the average discharge flow rate Enter the Actual Stream Dilution Ratio accurate to the nearest 0 

No. of Days the SDF Stream Dilution Ratio: For each day ofdischarge, compare the minimum Stream Dilution Factor (SDF) from the permit to the calculated Stream Dilution Ratio 0n Part of the DMR, enter an asterisk
if the SDF is greater than the Stream Dilution Ratio on any day of discharge On Part A of the DMR, add up the days with an and record the total number of days the Stream Dilution Factor was greater than the Stream
Dilution Ratio

CBODS: Enter the average of the reclaimed water discharged during the period shown in duration of discharge

TKN: Enter the average TKN ofthe reclaimed water discharged during the period shown in duration ofdischarge

Actual Rainfall: Enter the actual rainfall for each day on Part Enter the actual cumulative rainfall to date for this calendar year and the actual total rainfall on Part A 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

Rainfall During Average Rainfall Year: On Part A, enter the total rainfall during the average rainfall year and the cumulative rainfall for the average rainfall year The cumulative rainfall for the average rainfall year is
the amount ofrain, in inches, which fell during the average rainfall year from January through the month for which this DMR contains data

No. of Days LWWD Activated During Calendar Year: Enter the cumulative number of days that the limited wet weather discharge was activated since January of the current year

Reason for Discharge: Attach to the DMR a brief explanation of the factors contributing to the need to activate the limited wet weather discharge

DATE: March 2018 5

AMENDMENT TO THE FACT SHEET
AT
THE TIME OF NOTICE OF PERMIT ISSUANCE
FOR
STATE OF FLORIDA DOMESTIC WASTEWATER FACILITY PERM

March 12, 2018

PERMIT NUMBER: FLA979830-001
FACILITY NAME: Sunbreak Farms

FACILITY LOCATION: 5101 Minute Maid Road, Fort Pierce, FL 34945
St. Lucie County

NAME OF PERMITTEE: Sunbreak Farms, LLC

PERMIT WRITER: Bruce R. Kay

A. Changes to the Permit Intent to Issue in order: Changes in Bold

 

 

permit
page Changes
1. 1. Latitude: 27? 31 28.05" North Longitude: 80? 32' 50.96 West
2. l. new, Type I Biosolids Management Facility with a permitted Class AA compost production of 80,000 dry tons

per yea r. Sunbreak Farms will utilize the Modi?ed Static Aerated Pile (MSAP) method to achieve the required compost
treatment of biosolids as approved by 

3. 1. ?The MSAP method has been approved as a method modi?cation by EPA Region 9 (July 1, 2003), and its use has
also been allowed by EPA Regions 4 and 8 as an alternative Process to Further Reduce Pathogens 

4. 2. ?Once each windrow or windrow section is complete Sunbreak Farms staff shall apply a 12-inch layer of bulking
agent over the top and sides of the windrow.

5. 2. ?Vector attraction reduction of Class AA compost will be achieved by maintaining aerobic composting with a
temperature greater than 104 degrees (40 degrees C) for 14 days or longer after the Pathogen reduction period of 15
days.?

6. 2. ?The limitations, monitoring requirements, and other conditions set forth in this cover sheet and Part I through Part

on pages 1 through 15 of this permit.?

7. 3. ?Class AA Biosolids Compost generated by this facility may be distributed and marketed or disposed of in a Class I
solid waste land?ll. 
Permit

 page Changes

8. 3. ?Biosolids quantities shall be monitored for each composting site by the permittee as speci?ed below. Monitoring
results of all compost sites distributed and marketed that month shall be reported on the permittee's Discharge Monitoring Report
for Monitoring Group RMP-Q in accordance with Condition 

9. 8. ?Prior to placing the new facilities into operation or any individual unit processes into operation, for any
purpose other than testing for leaks and equipment operation, the Permittee shall complete and submit to the Department
DEP Form Noti?cation of Completion of Construction for Wastewater Facilities or Activities. The project
calls for a number of pads to be used for the composting operation and the retention basin for stormwater treatment.
Each pad and respective retention basin should be certi?ed complete. This may include multiple partial certification.
After all the planned basins and retention basins are certi?ed, the Permittee shall indicate this is a ?nal certi?cation. [62-
620.4] 

10. 8. ?Within six months after a facility is placed in operation, the permittee shall provide written certi?cation to
the Department on Form that record drawings pursuant to Chapter 62-620, F.A.C., and that an operation
and maintenance manual pursuant to Chapters 62-600 and 62-610, F.A.C., as applicable, are available at the location
speci?ed on the form. This will include partial certi?cations.. and 

B. COUNTY COMMENTS AND REPLIES OF COMMENTS RECEIVED BY JUNE 12, 2017

permit
page Comment and Response

 

COMMENT: May 23, 2017: ST. LUCIE REQUEST FOR ENLARGEMENT OF TIME
TO FILE PETITION FOR ADMINISTRATIVE HEARING

2. May 23, 2017 INDIAN RIVER COUNTY REQUEST FOR ENLARGEMENT OF TIME
TO FILE PETITION FOR ADMINISTRATIVE HEARING

3. COMMENT: June 12, 2017 ST. LUCIE PETITION FOR FORMAL
ADMINISTRATIVE HEARING

permit
page 

A



permit

PUBLIC COMMENTS AND REPLIES

Comment and Response

COMMENT: 5/ l6/2017,Mark Murray: With The high ground water in the area and the Class biosolids to be
stored, used, disposed or convert in this site, as well has local commercial agriculture in the area, I am interested in
the reasoning for not requiring groundwater monitoring.

RESPONSE: 5/22/2017 We only regulate the treatment of the biosolids and the not the use as it is being treated to
Class AA. There are little or no liquid being discharged to the ground. During the treatment process, water is added
instead of leaching out of the biosolids. During rain events, the rain soaks into the pile to help keep the compost pile
damp to allow the aerobic digestion of the biosolids. Without the rain, the piles would have to be wetted to keep the
process working. Therefore, little or no contaminated rainwater leaves the piles.

COMMENT: 5/22/2017 Rolf D. Seichter we saw when the Mayor of PSL, myself, and another professional
individual (TYCO Fire Protection) visited the Compost USA bio-solid processing site, which at that time was on
record with several violations. Not to mention the other Compost USA facility which was closed because of a Court
Order. I saw in the Ocala composting piles syringes for horses, some of them still had ?some stuff" in them, empty
oil cans, and other liquid garbage cans which would NOT turn into fertilizer. Granted that the metal and plastic
would be caught in the tumbler, but the oil and content of syringes would end up in the soil over time, and would be
swept through rain water into the waterways. Another important aspect in regard to ?re hazard or even explosions:
The processing plant, assuming it being in an enclosed building, would have a high content of highly flammable
dust because of the necessary turning and mixing of the biosolid material, especially when it dries out later in the
process and it is being packed into plastic bags to be shipped to consumers. This dust represents a tremendous ?re
hazard and explosion hazard, like what you have often happening in grain silos. Therefore, just these two scenarios
above make these biosolid processing plants, either ?open-air? or enclosed, NOT SUITABLE to being located near
any populated area.

RESPONSE: 6/1/2017 Our permitting decisions are not based on other facilities compliance. However, during the
preapplication discussions with the Sunbreak Farms Staff and Sunbreak?s consulting engineers we assisted them to
ensure those same problems will not occur. Essentially, the site conditions are not the same at the other facilities.
The conditions that caused or had caused operation problems at these other sites are not present at this site.
Regarding your concern about syringes (for horses) within Ocala composting piles. The source of these syringes is
from horse bedding materials, and the Department along with Department of Agriculture are working on trying to
educate the Horse Industry to stop the practice of throwing their wastes into the horse bedding. Any compost
operation even if not using biosolids would have to manage this problem. If Sunbreak Farms receives horse bedding
materials, they should address the cleanest of the material used. Regarding your concerning of ?re hazards due to
processing within a building or storage of material in silos or bagging of compost. Sunbreak Farms does not
propose processing within a building, silo storage or bagging or shipping product to customers. The compost
materials will be incorporated into onsite soils as part of normal farming activities. Dust is not a concern with
composting operation as the compost have moisture of around 50 percent. Regarding your concern biosolids
processing facility (composting operation) should not be near populated areas. The site is remote and there are no
populated areas nearby.

 

 

COMMENT: Linda Gausten,6/l/2017: The Sunbreak Farms facility will be receiving tipping fees for the human

waste brought into their farming operation. As such, the revenue from the tipping fees would be considered another
source of revenue other than the traditional farming revenue. As such, it no longer can be considered just a farming
operation. Storm runoff from the composting operations will enter Canal 25 and that constitutes a nuisance since it

RESPONSE: 6/2/2017: Thank you for your email providing your concerns. My responses are the following.
TIPPING FEE: The Department?s decision to permit this facility (under the auspices of the State Laws) is
not based on whether tipping fees. The Department is not involved in the ?nancial matters between business

parties, nor does the Department have statutory authority to consider this in our permitting decisions.

CANAL 25: The drainage from the compost facilities will discharge to the adjacent ?elds with no direct

COMMENT: June 2, 2017, Phone Call, Joel Winn suggested the Latitude was incorrect.

RESPONSE: we will change to Latitude, 27 DEG 31 MIN, 28.05 SEC N,

COMMENT: June 7, 2017 Jeffrey Surniak, Standard Case 00061293
A permit should not be granted to Sunbreak Farms. This project will dramatically reduce the values of numerous

RESPONSE: We are not aware of conditions that would dramatically reduce the value of numerous nearby
COMMENT: June 8, 2017 Robin Danahower Phone Message Adamantly opposed to biosolids on farm in St.

RESPONSE: Message There was no information given to show that we did not follow Department?s
requirements concerning review and making a permit decision. We cannot use unjusti?ed opposition to make

COMMENT: June 8, 2017, Phone call from Len Shapiro, to ask questions about biosolids composting process, odor

RESPONSE: The proposed process should not result in odors that crosses the Permittee?s property boundary. The
Permittee will be receiving biosolids from source facilities (DEP Permitted Wastewater Treatment Facilities). The
source facility is responsible for the hauling of the biosolids and transfers the responsibility to the Biosolids
Treatment Facility (BTF) when the BTF Permittee accepts the biosolids. The Permittee has no obligation to accept
the biosolids if the biosolids are unsuitable for the process due to condition of the biosolids. Once rejected, the
source facility will remain responsible for the biosolids and not the BTF. Once accepted, the BTF should assist the
hauler beginning with the unloading operations and will manage therea?er.

COMMENT: June 8,2017, Phone message from Michele Kolandro against raw sewage to be spread on farm, June
9, 2017 Response: No raw sewage will be spread on the farm. COMMENT: June 9, 2017, St. Lucie
County Environmental Manager Phone message, returned LM discussed Farm and controls of public health.

RESPONSE: The project complies with Department?s rules and regulations. Therefore, we do not consider issuance

page Comment and Response
3. 
will pollute our waterways. What is being done to prevent that?
discharge to the farmer?s drainage system nor to Canal 25.
4. 
Longitude 80 DEG, 32 MIN, 50.96 SEC W.
5. 
nearby properties.
properties.
6. 
Lucie County. June 9, 2017 Returned call LM, no return.
permit decisions.
7. 
reduction and traf?c increase.
8. 
of this permit will have an adverse impact on public health.
9. 

COMMENT: June 9, 2017 Message received from Joe Hale. He would not object to this project if there
are no odors.

RESPONSE: The Department rules concerning odors outside the Permittee?s property. There are no expectation for
odors to travel beyond the Permittee property.

4

perm it

 

 

COMMENT: June 10, 2017, email from James Spencer ?serious reservations about cost/bene?t ratio here?. If

RESPONSE: The cost/bene?t ratio does not apply when the Permit complies with the Department rules and

COMMENT: June 10, 2017, email from Marilyn? Nader am opposed to any compost facility near a residential

COMMENT: June 11, 2017 email from Rolf D. Seichter with ?of?cial inputs? and photos. Discusses permit is near

RESPONSE: Each site is different. The speci?c site has conditions that make this project permittable.
COMMENT: June 12, 2017 Email ?om Shari Anker, Opposition ?'om Conservation Alliance of St. Lucie County
RESPONSE: We can only address details that show the project does not comply with Department rules and

regulations. Personnel preferences are not considered in our permitting decisions.

Once the petition was received, the Department?s Of?ce of General Council (OGC) handles the hearing
request and processing. Therefore, we do not provide any discussion concerning the hearing request. We are
no longer allowed to receive direct communication about Sunbreak vs St. Lucie County.

page Comment and Response
10. A
Sunbreak Farm sets a precedent here, it will be used by others
regulations.
11. 
community.?
RESPONSE: There are no nearby residential communities.
12. 
copy of another biosolids composting facility?s permit.
13. 
6/12/2017 St. Lucie County?s Petition for Hearing
2/13/2018

The Department closed the file on the hearing after St. Lucie County withdrew their petition. The
Department is now able to ?nalize the application.

FACT SHEET
FOR
STATE OF FLORIDA DOMESTIC WASTEWATER FACILITY PERMIT

May 8, 2017 DRAFT

PERMIT NUMBER: FLA979830-001
FACILITY NAME: Sunbreak Farms

FACILITY LOCATION: 5 I 0] Minute Maid Road, Fort Pierce, FL 34945
St. Lucie County

NAME OF PERMITTEE: Sunbreak Farms
PERMIT WRITER: Bruce R. Kay
1. SUMMARY OF APPLICATION

a. Chronology til-Application
Application Number: FLA979830-001-DW1 
Application Submittal Date: March 14, 2017

b. Type ofI-?acility
Domestic Wastewater Treatment Plant

Ownership Type: Private
SIC Code: 4952

c. FacilityCaQacity

Existing Permitted Capacity: 
Proposed Increase in Permitted Capacity: 500 Dry Tons per Day
Proposed Total Permitted Capacity: 500 Dry Tons per Day

(I. Descrintiun of Wastewater 'l'reatrnent

A new, Type I Biosolids Management Facility with a permitted Class AA compost production of 500 dry tons per day. Sunbreak
Farms will utilize the Modified Static Aerated Pile (MSAP) method to achieve the required compost treatment of biosolids as
approved by EPA. The MSAP method has been approved as a method modi?cation by EPA Region 9 (July I, 2003), granted an
equivalency determination as an alternative PFRP Biosolids will be blended at the facility with bulking agents that primary consist of
chipped yard trash debris and other green waste and mixed at a ratio of 3-to-1 (green waste to biosolids). They may include other
organic wastes like chicken and other animal wastes mixed with the biosolids. Composting of these other wastes without mixing with
biosolids can be under a solid waste compost permit at the option of the Permittee. Mixing is by mechanical means to thoroughly mix
the biosolids and bulking agent together. Where possible, the most freshly ground yard trash shall be set aside separately due to its
ideal properties for mixing directly into the biosolids (relatively low moisture content and high porosity). Windrows for active
composting shall be constructed directly on a compost pad. Prior to placing blended biosolids in the management area a 50:50 blend
of ground yard trash and screened compost ?'om screening during post?processing, shall be used to create a 12-inch base layer upon
which active composting will be placed. Based on availability of material, this ratio is 100 percent of either material or any other
ratio. The blended biosolids will be placed into Windrows constructed to dimensions that are approximately 16 feet wide and 8 feet
tall. Once each windrow or windrow section is completely formed and mixed, Sunbreak Farms Staff shall apply the Harvest Quest
proprietary catalyst to the entire pile surface. When the windrow is completely covered by the catalyst, Sunbreak Farms staff shall
apply a 12-inch layer of unscreened ?nished compost or ground yard trash (in any ratio). The purpose of this capping layer is to serve
as an instant biofilter to reduce odors, add in aeration of the compost and insulation of the compost piles to maintain proper
temperature. Pathogen reduction standards for Class AA compost will be achieved by maintaining a minimum temperature of



13 1 degrees (55 degrees C) in each windrow for a minimum period of 15 consecutive days. Within several days, the entire pile will
exceed the required 131 degrees (55 degrees C). Composting of the materials shall continue for 30-45 days with the windrow
remaining undisturbed. Vector attraction reduction of Class AA compost will be achieved by maintain aerobic composting with a
temperature greater than 40 degrees for 14 days or longer after the Pathogens period of 15 days. At any time, the piles can be turned
if needed for aeration or for moisture control. After turning, the pathogens standards and vector attraction reduction standards may
have to be repeated if it had not ?nished prior to the turning. After complying with both pathogens and vector attraction standards, the
pile is considered completed. The Permittee may extend the composting time with additional turning of the piles for better curing.
After curing, the product is screened and cooled. Another alternative for vector attraction reduction is for the incorporation of class
AA with respect to pathogens within 8 hours of discharge ?'om the compost per EPA 503.33 Once Sunbreak Farms has
con?rmed the compost product meets all permitted criteria for a Class AA fertilizer it will be distributed and marketed as fertilizer.

Instead of the typical biosolids treatment facility that concentrates the operation in one area, the Applicant plans to spread out the piles
within the farm that it owns. A farmer (User of the compost) is under contract with the land owner (the Applicant) to farm the
property. The farmer grows corn that will produce silage. The complete removal of the corn including the stalk requires rejuvenating
the site after each harvest. Compost is superior product to add organic material to the ?eld (soil amendment) and some of the fertilizer
demand. Without the composting, the ?elds will lose more nutrients to the groundwater and potential discharge off site during heavy
rainstorm events. By spreading the sites to each of the forty ?elds, there is a minimal amount of runoff from the compost operation
which is ?rst discharged to a retention ditch downgradient to the compost areas. The composting areas will be constructed with a 2%
slope towards an internal v-ditch (inside containment berm). This will promote drainage away from the piles. The v-ditch will be
constructed with suf?cient storage to retain over 2.4? of runoff from the compost areas. Per Evaluation of Stormwater Design
Criteria within the State of Florida (Harper, 2007) this captures approximately 90% of annual rainfall events. Perimeter berms shall be
formed around the composting areas prior to construction of windrows. The berms will be a minimum of 24? in height and will
provide 100% containment of the lOO-year, 3-day storm event over a typical compost area. No discharge from the compost areas to
either the ?elds or perimeter ditches will occur. Most of the rainfall is pumped from the stormwater/irrigation ditches to a large
irrigation storage pond (640 Acres). The site is within a large farming operation with around 6580 acres. Forty large ?elds (average
over 115 acres each) are surrounded by stormwater/irrigation system (ditches). Between the ditches and the ?elds are lime
rock areas that are used for internal farm road system. On the western side of the ?elds are major road beds. The road beds of these
sides are elevated above the ?elds. The ?elds have a slight slope from West to East. Therefore, the stormwater from the compost area
will travel long distances from the compost area to the stormwater/irrigation ditches. The ditches are part of the stormwater
management system and are not consider surface waters. Only when the ditches are pumped to the area canals, which are
jurisdictional, do water quality standards apply. The general area has the rainfall near the amount of evaporation. The farmer plans to
minimize discharge from the stormwater/irrigation ditches to the area canals. If wasting the rainwater to area canals would require the
farmer to either be short of irrigation water or have to supplement from other sources. This supplemental of other sources of water
may not be available when needed. The internal ditches are both used to irrigate the ?eld during crop crowing periods and stormwater
management during rainfall events. The composting operation will be generally conducted a?er the crop has been harvested and
before planting for the next crop. They plan on two crops per year. When the ?elds are outside the growing season, the ditches are
kept really dry. During the summer raining season, the crops are not growing due to too hot for corn production. During the growing
season, the compost operation should be completed orjust about completed. The irrigation of the ?elds is by raising the water level in
the stormwater/irrigation ditches. The level can be isolated by working weirs in the ditch system. The level is regulated by either
pumping into the storage pond or discharge from the storage pond. A small area (less than 2 acres each) along the highest elevation
road beds are being planned for the composting area. There is wide area where the composting operation can occur perpendicular to
the elevated roads. The compost areas will be bermed on all four sides. The compost area is higher or at the same elevation as the
eastern berm that lies between the compost retention pond and the ?elds. This location prevents stormwater ?owing into the compost
area ?om adjacent properties. And, the drainage from the composting area will prevent wetting of the compost. Flooding the
compost is not recommended as it will prevent the compost ?'om reaching Class AA Biosolids Standards, and will be too wet for corn
production. The size of each ?eld composting area will be dependent on the availability of the biosolids and will be limited to the
requirements of the adjacent ?elds. The compost product will replace other fertilizer that is faster leaching from the sites. The net
effect will be reduction in fertilizer use and reduced discharge of nutrients to the area canals. The complete management of the
compost will be contained in the facilities operation and maintenance (0 M) manual that is require prior to startup. Any changes in
the operation would require updating of the Manual.

2. SUMMARY OF SURFACE WATER DISCHARGE

This facility does not discharge to surface waters. South Florida Water Management District has issued Stormwater Permit 56-
001 ll-S

3. DISCUSSION OF CHANGES TO PERMIT LIMITATIONS
The facility is a new BIO-SOLIDS TREATMENT FACILITY

5. BIOSULIDS REQUIREMENTS

Biosolids generated by this facility may be distributed and marketed or disposed of in a Class 1 solid waste land?ll.

See the table below for the rationale for the Class AA biosolids limits and monitoring requirements.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Parameter Units Max/ Limit Statistical Basis Rationale
Min

Nitrogen, Sludge, percent Max Report Average FAC
Tot. Dry Wt as N)
Phosphorus, Sludge, percent Max Report Average FAC
Tot. Dry Wt (as P)
Potassium, Sludge, percent Max Report Average FAC
Tot, Dry Wt (as K)
Arsenic Total, Dry mg/kg Max 75.0 Single Sample 650(3)(a)3. AC
Weight, Sludge
Arsenic Total, Dry mg/kg Max 41.0 Average 650(3)(a)3. FAC
Weight, Sludge
Cadmium, Sludge, mg/kg Max 85.0 Single Sample 650(3)(a)3. FAC
Tot, Dry Weight (as
Cd)
Cadmium, Sludge, mg/kg Max 39.0 Average 650(3)(a)3. FAC
Tot, Dry Weight (as
Cd)
Copper, Sludge, mg/kg Max 4300.0 Single Sample 650(3)(a)3. FAC
Tot, Dry Wt. (as
Cu)
Copper, Sludge, mg/kg Max 1500.0 Average 650(3)(a)3. FAC
Tot, Dry Wt. (as
Cu)
Lead, Dry Weight, mg/kg Max 840.0 Single Sample 650(3)(a)3. FAC
Sludge
Lead, Dry Weight, mg/kg Max 300.0 Average 650(3)(a)3. FAC
Sludge
Mercury, Dry mg/kg Max 57.0 Single Sample 650(3)(a)3. FAC
Weight. Sludge
Mercury, Dry mg/kg Max 17.0 Average 650(3)(a)3. FAC
Weight. Sludge
Molybdenum, Dry mg/kg Max 75.0 Single Sample 650(3)(a)3. FAC
Weight. Sludge
Nickel, Dry Weight, mg/kg Max 420.0 Single Sample 650(3)(a)3. FAC
Sludge
Nickel, Dry Weight, mg/kg Max 420.0 Average 650(3)(a)3. FAC
Sludge
Selenium Sludge mg/kg Max 100.0 Single Sample 650(3)(a)3. FAC
Solid
Selenium Sludge mg/kg Max 100.0 Average 650(3)(a)3. AC
Solid
Zinc, Dry Weight, mg/kg Max 7500.0 Single Sample 650(3)(a)3. FAC
Sludge
Zinc, Dry Weight, mg/kg Max 2800.0 Average 650(3)(a)3. AC
Sludge
pH s.u. Max Report Single Sample FAC
Solids, Total, percent Max Report Single Sample FAC
Sludge. Percent
Solids, Total, percent Max Report Average FAC
Sludge. Percent
Coliform. Fecal Max 1000.0 Single Sample FAC
Salmonella Sludge Max 3.0 Single Sample FAC

 

Monitoring Frequency

All Parameters

.850(4)(c) FAC

 

 

Pathogen and vector attraction

reduction monitoring

 

All Parameters

 

62-640.600 FAC

 

 

See the table below for the rationale for the biosolids quantities monitoring requirements.

 

 

 

Parameter Units Max/ Limit Statistical Basis Rationale
Min
Biosolids Quantity dry tons Max Report Total FAC
(Land?lled)
Biosolids Quantity dry tons Max Report Total 850(4)(a) FAC
(Distributed 

Marketed outside FL)

 

Biosolids Quantity dry tons Max Report Total 850(4)(a) FAC
(Distributed 
Marketed in FL)

 

Biosolids Quantity dry tons Max Report Total 850(4)(a) AC
(Receive)

 

 

 

 

 

10.

ll.

 

 

 

Monitoring Frequency All Parameters FAC

 

GROUND WATER REQUIREMENTS
This section is not applicable to this facility.
PERMIT SCHEDULES

a. The following self-improvement actions (the following schedule is not a compliance schedule) are planned by the Permittee
according to the following schedule:

 

II Improvement Action Completion Date II
II 1. Completion of construction of composting facility July 1. 2020 ll

 

 

 

b. Prior to placing the new facilities into operation or any individual unit processes into operation, for any purpose other than
testing for leaks and equipment operation, the Permittee shall complete and submit to the Department DEP Form 
Noti?cation of Completion of Construction for Wastewater Facilities or Activities. 

0. Within six months after a facility is placed in operation, the permittee shall provide written certi?cation to the Department on
Form that record drawings pursuant to Chapter 62-620, F.A.C., and that an operation and maintenance manual
pursuant to Chapters 62-600 and 62-610, .A.C., as applicable, are available at the location speci?ed on the form. [62-
620.410(6) and 

ADMINISTRATIVE ORDERS AND CONSENT ORDERS (CO)

This permit is not accompanied by an A0 and has not entered into a CO with the Department.

4
i

REQUESTED VARIANCES OR ALTERNATIVES T0 REQUIRED STANDARDS

No variances were requested for this facility.

ADMINISTRATIVE RECORD

The administrative record including application, dra? permit, fact sheet, public notice (after release), comments received and

additional information is available for public inspection during normal business hours at the location speci?ed in item 13. Copies
will be provided at a minimal charge per page.

. PROPOSED SCHEDULE FOR PERMIT ISSUANCE

Notice oflntent to Issue May 8, 2017

Publication May 15, 2017
4

13.

Notice of Permit Issuance June 1, 2017
DEP CONTACT

Additional information concerning the permit and proposed schedule for permit issuance may be obtained during normal business
hours from:

Bruce Kay

Engineer 11

Southeast District Of?ce

3301 Gun Club Road, MSC 7210-]
West Palm Beach, FL 33406-3007
Telephone No.: (561) 681-6695

Exhibit 

   

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

May 24, 2019

Patrick Cheney
5101 Minute Maid Road
Ft. Pierce, FL 34945

Subject: Notice of Proposed Agency Action to Deny
Environmental Resource Permit Application No.: 180613-16
Project Name: Sunbreak Farms
St. Lucie County

Dear Mr. Cheney:

On September 14, 2018 and January 11, 2019, the South Florida Water Management
District (?District?) sent you Requests for Additional Information (RAls) requiring either
the submittal of a monitoring plan or an alternative to demonstrate that the proposed
pollution abatement practices function properly and meet the objectives of Section
4.9.3, Vol. II of the Applicant?s Handbook. The District received a letter from your
counsel on April 4, 2019, advising that no monitoring plan or other alternative will be
provided and requesting that the District determine the application complete.

Attached is the District?s Proposed Agency Action to deny the application, without
prejudice to your right to reapply later. Absent further action by you, this denial will be
final June 3, 2019.

Alternatively, you may withdraw your application prior to final agency action. If you
choose to withdraw your application, the District will apply the submitted processing fee
for this application to a new application filed within 365 days, as specified in Rule
5.5.3.7, Environmental Resource Applicant?s Handbook Vol. I.

If you wish to refer the application and Proposed Agency Action to the Governing Board
for final agency action, a written request must be received on or before May 31, 2019.
The application and Proposed Agency Action will then be considered at the June
Governing Board meeting.

Sincerely,



Jill S. Creech, P.E.
Division Director, Regulation

 

3301 Gun Club Road, i-Vi-sl Palm Bunch, Florida 33406 (5M) (180-3300 [+8l10-432-2ll45 sfwnulgnv

Enclosures: Proposed Agency Action/Staff Report
Notice of Rights

C: David Baggett, P.E., Engineering Design Construction, Inc. (via Email)
Kim Graham, P.E., St. Lucie County Public Works (via Email)
David Dee, Esq., Gardner, Bist, Bowden, Bush, Dee, Lavia Wright, P.A. (via Email)
Dylan Reingold, Esq., Indian River County (via Email)
State Rep. Larry Lee, Jr. (via Email)
Cammie Dewey, P.E., St. John's River Water Management District (via Email)
Virginia P. Sherlock on behalf of PGA Village Property Owners Association, Inc. (via
Email)
Dennis Corrick, Esq. (via Email)

NOTICE OF RIGHTS

As required by Sections 120.569 and Fla. Stat, the following is notice of the opportunities which
may be available for administrative hearing or judicial review when the substantial interests of a party are
determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not
all of the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to
consult an attorney regarding your legal rights.

RIGHT TO REQUEST ADMINISTRATIVE HEARING

A person whose substantial interests are or may be affected by the South Florida Water Management District?s
or District) action has the right to request an administrative hearing on that action pursuant to
Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a decision which affects or
may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the
in accordance with the ?ling instructions set forth herein, within 21 days of receipt of written notice of
the decision, unless one of the following shorter time periods apply: (1) within 14 days of the notice of
consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and
use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat; or (2) within 14 days of service of
an Administrative Order pursuant to Section Fla. Stat. "Receipt of written notice of agency
decision" means receipt of written notice through mail, electronic mail, or posting that the has or
intends to take ?nal agency action, or publication of notice that the has or intends to take ?nal agency
action. Any person who receives written notice of a decision and fails to ?le a written request for
hearing within the timeframe described above waives the right to request a hearing on that decision.

If the District takes ?nal agency action which materially differs from the noticed intended agency decision,
persons who may be substantially affected shall, unless otherwise provided by law, have an additional Rule
28-106.111, Fla. Admin. Code, point ofentry.

Any person to whom an emergency order is directed pursuant to Section Fla. Stat, shall comply
therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible.

A person may ?le a request for an extension of time for ?ling a petition. The may, for good cause,
grant the request. Requests for extension of time must be filed with the prior to the deadline for ?ling
a petition for hearing. Such requests for extension shall contain a certi?cate that the moving party has
consulted with all other parties concerning the extension and that the and any other parties agree to
or oppose the extension. A timely request for an extension of time shall toll the running of the time period for
?ling a petition until the request is acted upon.

FILING INSTRUCTIONS

A petition for administrative hearing must be ?led with the Office of the District Clerk of the Filings
with the Office of the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not
be accepted. A petition for administrative hearing or other document is deemed ?led upon receipt during
normal business hours by the Office of the District Clerk at headquarters in West Palm Beach,
Florida. The District?s normal business hours are 8:00 am. 5:00 pm, excluding weekends and District
holidays. Any document received by the Office of the District Clerk after 5:00 pm. shall be deemed ?led as of
8:00 am. on the next regular business day. Additional ?ling instructions are as follows:

. Filings by mail must be addressed to the Of?ce of the District Clerk, 3301 Gun Club Road, West Palm
Beach, Florida 33406.

Rev. 11/08/16 1

 Filings by hand-delivery must be delivered to the Of?ce of the District Clerk. Delivery of a petition to
the security desk does not constitute ?ling. It will be necessary to request that the
security officer contact the Office of the District Clerk. An employee of the 
Clerk's of?ce will receive and file the petition.

- Filings by e-mail must be transmitted to the Office of the District Clerk at The ?ling
date for a document transmitted by electronic mail shall be the date the Office of the District Clerk
receives the complete document. A party who ?les a document by e?mail shall (1) represent that the
original physically signed document will be retained by that party for the duration of the proceeding
and of any subsequent appeal or subsequent proceeding in that cause and that the party shall
produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or
interruption of the electronic signals and accepts the full risk that the document may not be properly
?led.

INITIATION OF AN ADMINISTRATIVE HEARING

Pursuant to Sections and Fla. Stat, and Rules 28-106201 and 28-106.301, Fla.
Admin. Code, initiation of an administrative hearing shall be made by written petition to the in legible
form and on 8 1/2 by 11 inch white paper. All petitions shall contain:

1. Identification of the action being contested, including the permit number, application number, 
?le number or any other identi?cation number, if known.

2. The name, address, any email address, any facsimile number, and telephone number of the petitioner
and petitioner?s representative, if any.

3. An explanation of how the petitioner?s substantial interests will be affected by the agency
determination.

4. A statement of when and how the petitioner received notice of the decision.

5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate.

6. A concise statement of the ultimate facts alleged, including the speci?c facts the petitioner contends
warrant reversal or modification of the proposed action.

7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of
the proposed action.

8. If disputed issues of material fact exist, the statement must also include an explanation of how the
alleged facts relate to the specific rules or statutes.

9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the
to take with respect to the proposed action.

MEDIATION

The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat, and Rules 28-106.111 and
28?106.401?.405, Fla. Admin. Code. The is not proposing mediation for this agency action under
Section 120.573, Fla. Stat, at this time.

RIGHT TO SEEK JUDICIAL REVIEW

Pursuant to Section 120.68, Fla. Stat, and in accordance with Florida Rule of Appellate Procedure 9.110, a party
who is adversely affected by ?nal action may seek judicial review of the ?nal decision by ?ling
a notice of appeal with the Of?ce of the District Clerk of the in accordance with the ?ling instructions set
forth herein within 30 days of rendition of the order to be reviewed, and by ?ling a copy of the notice with the clerk
of the appropriate district court of appeal.

Rev. 11/08/16 2

erp_staff_report.rdf

 



 

Last Date For Agency Action: June 3, 2019

INDIVIDUAL ENVIRONMENTAL RESOURCE DENIAL STAFF REPORT

Project Name: Sunbreak Farms

Permit No.: 56-00111-8
Application No.: 180613-16

Application Type: Environmental Resource (Construction/Operation Modification)

Location: St Lucie County, 828, 33, 


Applicant Sunbreak Farms 
Project Area: 80.75 acres
Project Land Use: Agricultural

Drainage Basin: C-25
Receiving Body: 0-25 

Special Drainage District: NA

Conservation Easement To District No
Sovereign Submerged Lands: No

App.no. 180613-16 Page 1 of6

erp_staff_report.rdf

DRAFT

 

PROJECT SUMMARY:

This Environmental Resource Permit application requests Construction and Operation of a
stormwater management (SWM) system to serve an 80.75 acre composting operation for a
project known as Sunbreak Farms.

The proposed SWM system includes the construction of containment cells that will be used for on-site
composting of aerobically digested and dewatered residuals with yard debris to produce Class
AA compost pursuant to Florida Department of Environmental Protection Permit No. FLA979830.
The Class AA compost material will be used onsite as a soil amendment and fertilizer for the
existing agricultural production of row crops pursuant to Chapter 62-640 F.A.C. Please refer to the
composting cell construction plans Exhibit 2.0 for details.

The applicant has not provided reasonable assurances that the project will not result in adverse impacts
to water resources. The applicant did not provide the requested water quality monitoring plan and
reporting schedule designed to provide data to determine if the pollution abatement practices
incorporated into the design of the stormwater management system will function properly as required by
Section 4.9.3, Volume ll of the Applicant's Handbook.

Staff is recommending denial of the application pursuant to the conditions of issuance Chapter 62-
330.301 F.A.C. Speci?cally, the applicant has not demonstrated that construction, operation and
maintenance of the project:

Will not adversely affect the quality of receiving waters such that the state water quality standards set
forth in chapters 62-4, 62-302, 62-520, and 62-550, F.A.C., including the antidegradation provisions of
paragraphs and F.A.C., subsections and (3), F.A.C., and rule 62-
302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National
Resource Waters set forth in subsections and (3), FAQ, will be violated.

App.no. 180613-16 Page 2 of6

erp_staff_report.rdf

DRAFT

 

PROJECT EVALUATION:
PROJECT SITE DESCRIPTION:

Refer to Exhibit 1.0 for a Location Map. The project is approximately 2.25 miles west of Interstate 95,
north of the Florida Turnpike in St. Lucie County.

The site consists of existing row crops located within an agricultural project previously known as Cloud
Grove. The majority of the property is located in St. Lucie County with the northern portion in Indian River
County. The property includes a 640 acre above ground impoundment (AGI) used for storage of
storm water for irrigation and flood protection. The AGI outfalls into an adjacent ditch that discharges
to the C-25 Canal pursuant to Permit No. 56-00111-S. The SWM system also has the ability to
discharge stormwater to the Minute Maid Canal, which discharges to the C-25 Canal.

BACKGROUND:

On October 19, 1978, the District authorized the operation (Application Nos. 21917, 21918, 21921) of an
above ground impoundment for irrigation and flood protection of a 6,560 acre agricultural project known
as Cloud Grove.

On June 29, 2006, the District authorized a permit transfer (Application No. 060127-19) to Florida
Conservancy and Development Group LLC.

WATER QUANTITY 

The proposed operation of the SWM system associated with the composting containment cells includes
a protocol to maintain the water table 1 foot below the lowest grade of the containment cells during
composting.

Discharge Rate 

The project is located within the C-25 Basin which has a 10 year, 3 day design storm. The previously
permitted design storm discharge rate remains unchanged.

The composting containment cells will retain 11.0 inches of rainfall within the cells associated with the 100
year, 3 day design storm event. Thus, the existing SWM system and 640-acre above ground
impoundment will not receive storm water runoff from the composting area associated with 10 year, 3 day
Basin design storm event.

The applicant provided an annual storm water runoff analysis which indicates the annual volume of storm
water runoff will be reduced. The proposed project is intended to result in less annual storm water runoff
volume and a reduction in the peak rate of storm water runoff from design storm event resulting in less
discharge from the SWM system.

App.no. 180613-16 Page 3 of 6

 rp_staff_repo rt. 

DRAFT

 

WATER QUALITY 

The applicant has provided the following:

1) The proposed project area will retain 11.0 inches (74 ac-ft) of storm water runoff from the 80.75 acre
composting containment cells associated with the 100 year, 3 day design storm event.

2) The applicant provided a water quality analysis based on the proposed agronomic practices.

The applicant has not provided the requested water quality monitoring plan and reporting schedule
designed to provide data to determine if the pollution abatement practices incorporated into the design of
the SWM system will function properly. Section 4.9.3, Volume II of the Applicant's Handbook provides for
requiring water quality monitoring for two reasons: 1) such data can be used to determine if the pollution
abatement practices incorporated into the design for SWM system are functioning properly, 2) In some
cases there may be a real and immediate concern regarding degradation of quality in the receiving
waters, regardless of the apparent pollutant removal ef?ciency of the SWM system.

The intent ofthe water quality monitoring plan and reporting schedule is to develop sets of data that can
be analyzed to determine if pollution abatement practices are functioning properly after the
implementation of the biosolids composting activity at Sunbreak Farms. The water quality monitoring
plan and reporting schedule should include, at a minimum: an explanation of how the proposed
program will achieve valid measurements of flow, bacteria, nitrogen, phosphorus, and dissolved
oxygen concentration; description of monitoring sites which should include on-site and off-site
locations; sample collection methods, technique, preservation, identification and schedules; description
of laboratory facilities, analyses, reporting delivery and data review; and other items as necessary to
determine if the pollution abatement practices incorporated into the design are functioning properly and
will prevent water quality degradation. The plan and schedule should be implemented at least six (6)
months prior to the deliveries of biosolids to the site. The proposed plan should also include the
recordation of pumped discharges (times, rates, and durations) from all stormwater discharge facilities
located on the farm site. A time period for the monitoring and reporting should be de?ned within the
plan, to be no less than five years. The plan and schedule must be submitted to the District for review
and approval, prior to implementation.

WETLANDS:
Wetlands And Other Surface Waters:

There are no wetlands or other surface waters located within the project area or affected by this project.

App.no. 180613-16 Page 4 of6

erp_staff_report.rdf

 

DRAFT

RELATED CONCERNS:

 

Third Party Interest:

The following third parties have contacted the District with concerns about this application:

St. Lucie County

Indian River County

St. Johns River Water Management District

State Representative Larry Lee, Jr.

David Dee, Esq.

PGA Village Property Owners Association, Virginia Sherlock Esq.

District staff have coordinated several meetings with the applicant and the third parties to address
questions and concerns.

Enforcement:

There has been no enforcement activity associated with this application.

App.no. 180613-16 Page 5 of 6

erp_staff_report. 

DRAFT

 

STAFF RECOMMENDATION TO EXECUTIVE DIRECTOR:

The Staff recommends the following:

Denial of the application for Construction and Operation of a stormwater management system serving
an 80.75 acre composting operation for a project known as Sunbreak Farms.

STAFF REVIEW:

NATURAL RESOURCE MANAGEMENT APPROVAL
ENVIRONMENTAL EVALUATION SUPERVISOR

 

 

Jessica Huffman Barbara J. Conmy

SURFACE WATER MANAGEMENT APPROVAL

ENGINEERING EVALUATION SUPERVISOR

 

 

Glen J. Gareau, P.E. Gary Priest, P.E.

ENVIRONMENTAL RESOURCE COMPLIANCE BUREAU CHIEF 

DATE:

 

 

Ricardo A. Valera, P.E.

REGULATION DIVISION ASSISTANT DIRECTOR 

DATE:

 

 

Anthony M. Waterhouse, P.E.

App.no. 180613-16 Page 6 of6

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SUNBREAK FARMS
Application No: 180613-16
Permit No: 56-00111-S

INTERNAL DISTRIBUTION

Glen J. Gareau, P.E.
Jessica Huffman

Gary Priest, P.E.
Barbara J. Conmy
Tony Waterhouse, P.E.
Randy Smith

Susan Martin

Ansley Marr

Jill Creech, P.E.



STAFF REPORT DISTRIBUTION LIST

EXTERNAL DISTRIBUTION

 

Permittee - Sunbreak Farms 
Engr Consultant - Engineering Design Construction

Inc

Other Interested Party - Gardner, Bist. Bowden,
Bush, Dee, Lavia Wright, P.A.

Other Interested Party - Indian River County

Other Interested Party - Pga Village Poa Inc.

Other Interested Party - State Rep.

GOVERNMENT AGENCIES



City of Port St Lucie - Planning Div

City of Port St Lucie - Public Works

St. Lucie County Engineer

St. Lucie County Planning and Development Services
US Army Corps of Engineers Permit Section

Exhibit 
OPERATING AGREEMENT CONCERNING
REGULATION UNDER PART IV, CHAPTER 373. F.S.,

BETWEEN
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
DEPARTMENT OF ENVIRONMENTAL PROTECTION

I. INTENT

The South Florida Water Management District (DISTRICT) and the State of Florida
Department of Environmental Protection (DEPARTMENT) enter into this operating
agreement to further streamline environmental permitting, while protecting the
environment. This agreement divides responsibility between the DISTRICT and the
DEPARTMENT for the exercise of their authority regarding permits, compliance, and
enforcement under Part IV, Chapter 373, F8. This agreement also divides
responsibility between the DISTRICT and DEPARTMENT regarding formal wetland
determinations pursuant to Subsection 373.421(2) through (5), F.S. It is a goal of this
agreement that the division of responsibilities provide no reduction in levels of
compliance monitoring and enforcement and, where possible, allow increased levels of
compliance monitoring and enforcement.

This agreement supersedes the following agreements: Operating Agreement
concerning Management and Storage of Surface Waters Regulation, and Wetland
Resource Regulation between South Florida Water Management District and
Department of Environmental Regulation, dated October 27, 1992; and First
Amendment to October 27, 1992 Operating Agreement concerning Management and
Storage of Surface Waters Regulation, and Wetland Resource Regulation between
South Florida Water Management District and Department of Environmental Regulation,
dated January 18, 1994 and Operating Agreement Concerning Regulation under Part
IV, Chapter 373, F.S., between South Florida Water Management District and
Department of Environmental Protection dated August 11, 1994; and Operating
Agreement Concerning Regulation under Part IV, Chapter 373, F.S., and Aquaculture
General Permits under Section 403.814, F-S., between South Florida Water
Management District and Department of Environmental Protection dated October 27,
1998 and incorporated by reference into the Basis of Review for Environmental
Re'source Permits in December 1998.

As a future step to further increase the efficiency and effectiveness of environmental
permitting, the DEPARTMENT and the DISTRICT shall jointly pursue further integration
and streamlining of federal and state wetlands regulations.

II. RESPONSIBILITIES OF DISTRICT AND DEPARTMENT

Effective 7/1/07 1

A. DEPARTMENT Responsibilities

1. Permits and Variances

The DEPARTMENT shall review and take final action on all applications for permits and
petitions for variances, under Part IV, Chapter 373, F.S., and variances or waivers
under Section 120.542, F.S., for the project types listed in a. through t. below. The
permit applications encompassed within the DEPARTMENT's responsibilities hereunder
include those submitted for wetland resource (dredge and fill) permits and management
and storage of surface water (MSSW) permits, pursuant to Subsection 373.414(11)
through 16), F.S., as well as those submitted for environmental resource permits.

a. All solid waste management facilities that require a permit under Chapter
403, PS. However, the DISTRICT shall review and take final action on permit
applications when the solid waste management facility qualifies for a solid waste
general permit and is merely an incidental component of a project for which the
DEPARTMENT does not review and take final action on permit applications under any
other paragraph in Section ll.A.1 of this agreement.

b. Hazardous waste facilities that require a permit under Chapter 403, PS.
However, the DISTRICT shall review and take final action on permit applications when
the storage of hazardous waste is merely an incidental component of a project for which
the DEPARTMENT does not review and take final action on permit applications under
any other paragraph in Section ILA. 1. of this agreement.

c. Domestic or industrial wastewater treatment, storage. transmission,
effluent disposal, or water reuse facilities that require a permit under Chapter 403, .S.,
This includes: all facilities and activities located at the domestic or industrial wastewater
treatment facility; all reuse sites permitted under Parts II or of Chapter 62?610,
land application sites permitted under Part VI of Chapter 62-610, and
wetlands created using reclaimed water (from domestic wastewater or industrial
wastewater sources). However, the DISTRICT shall review and take final action on

permit applications for:

(1) Water reuse sites permitted under Part ill of Chapter 62~610, such
as facilities for the storage and application of reclaimed water to irrigate crops, golf
courses, or other landscapes;

(2) Activities involving the application of reclaimed water to rehydrate
wetlands or to provide artificial recharge to reduce or mitigate drawdown impacts due to

well withdrawals;

(3) Those facilities that are subject to any of the requirements of Chapters
4OE-40, 40E-41, F.A.C., through a system or activity which is not fully contained
on the domestic or industrial wastewater facility site, but which is part of a larger project

Effective 7l1/07 2

for which the DEPARTMENT does not review and take final action on permit
applications under any other paragraph in Section ll.A.1. of this agreement;

(4) Those facilities that qualify for a general or generic permit pursuant to
Rules 62?660801, F.A.C. (General Permit for a Wastewater Disposal System for a
Laundromat, 62-660.802, F.A.C. (General Permit for a Pesticide Waste Degradation
Systems), 62-660.803, F.A.C. (General Permit for Car Wash Systems). 62-660.805,
F.A.C. (General Permit for Disposal of Tomato Wash, or F.A.C. (Generic
Permit for Discharge of Produced Ground Water from any Non-Contaminated Site

Activity);

(5) Those facilities in which the industrial wastewater component is merely an
HVAC (heating, ventilation, and air conditioning) cooling tower discharge, or other
industrial wastewater treatment facility which is merely an incidental component of a
project for which the DEPARTMENT does not review and take final action on permit
applications under any other paragraph in Section ll.A.1. of this agreement.

d. Potable water facilities that require a permit under Chapter 403, F.S. This
includes drinking water treatment plants as well as distribution mains. However, the
DISTRICT shall review and take final action on permit applications for distribution lines
that are fully contained within systems for which the DEPARTMENT does not review
and take final action on permit applications under any other paragraph in Section ll.A.1.

of this agreement;

e. All mines, as defined in Chapter 378, F.S. However, the shall
review and take final action on permit applications for sand, shell, and clay (other than
fuller's earth) mines that do not involve processing other than use of a scalping screen
to remove large rocks, wood, and debris;

f. Power plants and electrical distribution and transmission lines and other
facilities related to the production, transmission and distribution of electricity. However,
the DISTRICT shall review and take final action on electrical distribution lines fully
contained within any larger plan of development for which the DEPARTMENT does not
review and take final action on permit applications under any other paragraph in Section
ll.A.1 of this agreement;

9. Communication cables and lines. However, the DISTRICT shall review
and take final action on communication cables and lines fully contained within any larger
plan of development for which the DEPARTMENT does not review and take final action
on permit applications under any other paragraph in Section ll.A.1. of this agreement;

h. Natural gas or petroleum exploration, production, and distribution activities
and facilities, product pipelines, and other facilities related to the exploration,
production, and distribution of natural gas and petroleum. However, the DISTRICT shall
review and take final action on natural gas distribution lines fully contained within any
larger plan of development for which the DEPARTMENT does not review and take final

Effective 711107 3

action on permit applications under any other paragraph in Section ll.A.1. of this
agreement;

i. Docking facilities, boardwalks, shore protection structures and piers,
including the adjacent docking and boating related development and navigational
dredging. Adjacent docking and boating related development includes parking areas for
the docking facility, dry storage facilities, boat sale and supply facilities, maintenance
and repair facilities, associated seafood loading and processing facilities, restaurants,
harbor master and marina administration facilities. Residential development and other
commercial development are not considered docking or boating related. The DISTRICT
shall review and take final action on permit applications for all docking facilities,
boardwalks, shore protection structures and piers, including adjacent docking and
boating related development and navigational dredging, whenever such facilities are
part of a larger plan of other commercial or residential development that has received or
requires a permit under Part IV of Chapter 373, F.S. The DISTRICT shall also review
and take final action on all docking facilities, boardwalks, shore protection structures
and piers, including adjacent docking and boating related development and navigational
dredging, that are associated with a no-notice general permit under section 40E-
400.315, F.A.C. The DISTRICT shall also review and take final action on permit
applications for any docking facility, boardwalk, shore protection structure, or pier
serving a dwelling unit which is the responsibility of the DISTRICT to review under

paragraph n. 

j. Systems proposed in whole or in part seaward of point 50 feet above the
mean high water line at any riparian coastal location fronting the Gulf of Mexico
shoreline, exclusive of bays, inlets, rivers, bayous, creeks. passes, and the like. In
Monroe, Martin and Collier Counties, where a has not been established, systems
along sandy, non?vegetated shorelines proposed in whole or in part seaward of a point
50 feet above the mean high water line at any riparian coastal location fronting the Gulf
of Mexico or Atlantic coast shoreline of the state, exclusive of bays, inlets, rivers,

bayous, creeks, passes, and the like;

k. Projects constructed, operated or maintained by the however,
activities of the DISTRICT permitted under Sections 403.91 through 403-929, F.S., or
the rules adopted pursuant to those statutes, and activities of the DISTRICT which did
not require a permit under such statutes or rules, shall not require a permit under Part
IV of Chapter 373, F.S., provided such activities are part of a project which was
commenced prior to October 3, 1995. However, the District shall review and take final
action on applications pertaining to restoration or enhancement activities conducted on
District owned land when the activities are proposed by and will be implemented by a
party other than the District as site-specific mitigation for all or part of that party's permit
application, notwithstanding that operation and maintenance of the completed activity

will be the responsibility of the District;

I. Navigational dredging conducted by governmental entities except where
associated with a larger project that is otherwise the responsibility of the DISTRICT for

Effective 7/1/07 4

review and final action, and all activities conducted by the US Army Corps of
Engineers;

m. Seaports and adjacent seaport related development where the applicant
or property owner is a port authority as defined in Subsection 

n. A system serving or consisting of up to three contiguous parcels of land
under single ownership, where each parcel contains or is proposed to contain only one
single family dwelling unit, duplex, triplex, or quadruplex (hereinafter referred to as a
dwelling unit), except where the dwelling unit is only an incidental part of a parcel that is
otherwise used for agricultural activities for which a permit has been issued or is
required under Part IV, Chapter 373, PS.

0. The following systems in wetlands or other surface waters when they are
not part of a larger plan of development for which the DISTRICT reviews and takes final
agency action under any other paragraph of this agreement: boat ramps, ski jumps, ski
slalom courses, aids to navigation. mooring buoys and fields, piling supported structures
which are not physically connected to uplands, aquatic plant management activities
regulated under Chapter 369, F.S., fish, attractors, artificial reefs, treasure salvage,
archeological research or exploration, and removal of organic detrital material;

p. Temporary systems pr0posed for commercial film productions;
q. High speed rail facilities under Sections 341.8201 through 341.842, 

r. Aquaculture activities not exempt pursuant to Subsection 
and

3. All activities on sovereignty submerged lands leased by the Division of
Recreation and Parks, except those proposed by the DEPARTMENT.

2. Formal Determinations

The DEPARTMENT shall review and take final action on petitions for formal
determinations of the extent of wetlands and other surface waters pursuant to Section
373.421, F.S., filed by entities regarding properties on which they propose to undertake
activities for which the DEPARTMENT would have permitting responsibility under this

agreement.

The DEPARTMENT shall provide the DISTRICT with copies of formal determinations of
the extent of wetlands or other surface waters issued by the DEPARTMENT.

3. Mitigation Banks and Regional Offsite Mitigation Area Agreements (ROMA)

Effective 7/1/07 5

The DEPARTMENT shall review and take final action on all permit applications
for mitigation banks and ROMA agreement proposals, under Sections 373.4135 and

373.4136, F.S., filed by one of the following:
a. Entities proposing to use lands;

b. Governmental entities, excluding the DEPARTMENT, solely to offset
impacts of single-family dwelling units, pursuant to Subsection F.S., for
which the DEPARTMENT reviews and takes final action under Section II.A.1. of this

agreement; and
c. The DISTRICT.
B. DISTRICT Responsibilities

1. The DISTRICT shall review and take final action on all applications for permits,
petitions for variances, and petitions for formal determination under Part IV, Chapter
373, F.S., variances and waivers under Section 120.542, F.S., except for those
identified as the responsibility under this agreement, and except as
provided in Section of this agreement. The permit applications encompassed within
the responsibility hereunder include those submitted for wetland resource
permits and MSSW permits under Subsection 373.414(11) through (16), PS, as well as
those submitted for environmental resource permits.

2. The DISTRICT shall review and take action on projects constructed, operated or
maintained by the DEPARTMENT. However, activities of the DEPARTMENT permitted
under Section 40391-403929, FS, or the rules adopted pursuant to those statutes,
and activities of the DEPARTMENT which did not require a permit under such statutes
or rules, shall not require a permit under Part IV of Chapter 373, F.S., provided such
activities are part of a project which was commenced prior to October 3, 1995.

3. The DISTRICT shall provide the DEPARTMENT with copies of formal
determinations of the extent of wetlands or other surface waters issued by the

DISTRICT.

C. Incorrectly Submitted Applications
And Petitions; Modifications

1. Permit applications, petitions for variances or waivers, and petitions for formal
determinations submitted to the incorrect agency pursuant to the terms of this
agreement shall be forwarded to the correct agency for further processing within 10
days of receipt, except where the agencies mutually agree that the application may be
retained by the incorrect agency, in which case a special case agreement shall be
executed in accordance with Section of this agreement. A refund of any fee
submitted to the incorrect agency that does not retain processing of the application shall
be made to the applicant. Prior to transferring the application, the incorrect receiving

Effective 711/07 6

agency shall coordinate with the proper reviewing agency and the applicant in order to
inform all parties that the application has been submitted incorrectly and is being

fonrvarded.

2. Notwithstanding section and of this agreement, permit modification
requests shall be processed by the agency issuing the original permit. If the permit has
been modified, the agency that issued the last modification to the permit shall process

the modification. However. the following exceptions apply:

a. The DEPARTMENT shall process all modifications to permits for the
following activities:

(1) Solid waste management facilities as described in Section 

(2) Mining projects as described in Section when the modification
involves the addition of new lands to the permit or the expansion of mining activities into
areas not previously approved for mining; and

(3) Seaports and seaport related development as described in Section 

b. Alterations to stormwater systems previously authorized under Rules 17-
25.040 or 62-25040, F.A.C., shall not be considered as modifications under the
provisions of this section, and shall be processed by the agency that would have
responsibility for reviewing and taking final agency action on the system under Sections

ILA. and B. of this agreement.

D. Special Cases

By written agreement between the DISTRICT and the DEPARTMENT. responsibilities
may deviate from the responsibilities outlined in B., or C. above. Instances where
this may occur include the following:

1. An extensive regulatory history or a proprietary interest by either the DISTRICT
or the DEPARTMENT with a particular project that would make a deviation result in
more efficient and effective regulation. This may include activities on lands with a
conservation easement held by the other agency;

2. Simplification of the regulation of a project that crosses water management
district boundaries;

3. The incorrect agency has begun processing an application or petition and
transfer of the application or petition would be inefficient; or

4. Circumstances in which a deviation would result in the application or petition
being more efficiently or effectively processed.

Effective 7/1/07 7

The Governing Board may delegate authority to staff to execute special case
agreements.

lIl. DELEGATION OF AUTHORITY: MIXING ZONES.
ZONES OF DISCHARGE, VARIANCES

A. The DEPARTMENT delegates authority to the DISTRICT to review and take final
action on requests for zones of mixing in surface waters and zones of discharge in
groundwater, in accordance with Sections 62-4242, 62-4244, 62-28700, 62-522.400
and 62-522410, .A.C., when the requests are associated with a permit application for
which the DISTRICT is responsible under the terms of this agreement.

B. The DEPARTMENT delegates the authority to the DISTRICT to take action on
petitions for variances or waivers from state water quality standards in accordance with
Sections 120.542 and 403.201, F.S., and Section 400-1.1002 F.A.C., when the petition
is associated with a permit application for which the DISTRICT is responsible under the

terms of this agreement.

iv. COMPLIANCE MONITORING AND ENFORCEMENT
A. Division of Responsibilities

Each agency shall perform compliance monitoring on all projects for which that agency
has issued a permit, consent order, final order. or for which a consent final judgment or
final judgment has been entered to determine compliance with the conditions thereof
and will enforce said conditions by taking appropriate enforcement action where
necessary. However, if the DEPARTMENT or the DISTRICT modifies a permit
previously issued by the other agency, pursuant to this agreement, the agency
modifying the permit shall thereafter determine compliance with the permit and enforce
all provisions or conditions of that permit.

Each agency shall investigate activities regulated under Part IV of Chapter 373, FS
which are undertaken without the required permits, and take appropriate enforcement
action, when it has permitting responsibilities for those activities under this agreement.

When a violation of Part IV of Chapter 373, PS, also constitutes a violation of Chapters
253 or 258, F.S., and the resolution under Part IV of Chapter 373, F.S.. does not
resolve the violation under Chapters 253 or 258, F.S., the District shall coordinate
compliance and enforcement actions with the DEPARTMENT, and shall forward a copy
of the enforcement documentation generated on these violations to the DEPARTMENT
for its use in addressing the violation under Chapters 253 or 258, PS.

Effective 7/1/07 8

B. Special Cases

By written agreement between the DISTRICT and the DEPARTMENT. enforcement
responsibilities for specific cases may deviate from the responsibilities outlined in
Section IV.A. Instances where this may occur include:

1. The case also includes activities which may be violations of rules of the
DEPARTMENT or DISTRICT that are not the subject of this agreement;

2. The case involves activities that cross water management district boundaries;
or

3. Deviation would result in the case being more effectively or efficiently handled.

The Governing Board may delegate authority to staff to execute special case
agreements.

V. EMERGENCIES

In a declared emergency, pooling of staff resources and deviations from the terms of
this agreement may be in the best interest of the public service and protecting or
restoring property and environmental resources. Therefore, notwithstanding the
divisions of responsibilities specified in this agreement, where the Governor has issued
an Executive Order which declares an emergency and the DEPARTMENT and the
DISTRICT have issued emergency orders to implement the Executive Order, either
party to this agreement can review and take agency action on any activities regulated
under Part IV of Chapter 373, F.S., that are authorized by an emergency order during
the duration of the emergency orders of the DEPARTMENT and the DISTRICT.

VI. INTERAGENCY COMMITTEE

In order to seek consistency in the environmental resource permit (ERP) program and
to facilitate the implementation of the responsibilities under
Subsection 373.0260), ES, and Section 62-340.100, F.A.C., the DEPARTMENT and
DISTRICT agree to form and participate in an ERP Committee (Committee). The
Committee shall meet at least twice a year, but may meet more frequently as issues
arise that require interagency coordination. The Committee shall provide a forum for
the DEPARTMENT and water management districts to coordinate and communicate

regarding the following:

a. Joint training efforts to maximize the use of training resources and ensure
that adequate training is provided.

b. Promotion of consistent interpretation and implementation of ERP rules.

0. Proposed amendments to ERP rules.

Effective 7/1/07 9

d. Development of consistent ERP compliance and enforcement.

e. Future revisions to the DEPARTMENT and DISTRICT operating
agreements regarding the ERP program.

f. Development of a statewide ERP data set and a computer data exchange
methodology.
9. Such other activities which the committee deems necessary or desirable

to achieve and maintain the goals of this agreement.

VII. EFFECTIVE DATE

A. This agreement shall take effect upon execution by both parties and adoption of
rule amendments which incorporate this agreement by reference.

B. Applications, petitions, and enforcement cases, under Part IV of Chapter 373,
F.S., which are pending on the effective date of this agreement shall continue to be
processed by the agency to which application or petition was made or which initiate the
enforcement case, except when the DISTRICT and the DEPARTMENT agree, and in
the case of an aquaculture activity the applicant also agrees, that an application, petition
or enforcement case should be transferred in order to provide for more efficient
processing and enforcement. Applications and petitions received after the effective
date of this agreement will be processed as described in Section II of this agreement.

dayof (?At .2007.

 

 

SOUTH FLORIDA WATER STATE OF FLORIDA DEPARTMENT
MAN EM NT DISTRICT OF ENVIRONMENTAL PROTECTION
Go?verning Board Ch Secretary'

3301 Gun Club R0 2600 Blair Stone Road

West Palm Beach 3406 Tallahassee, FL 32399-2400

 
 

BY:

DATE: 


Effective 7/1/07 10