DEP FO #10-0730
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
In re:
EMERGENCY AUTHORIZATION TO
ALLOW FOR MAKING REPAIRS
TO THE MIAMI-DADE WATER AND SEWER
DEPARTMENT’S 72-INCH FORCE MAIN
TO THE MIAMI-DADE NORTH DISTRICT
WASTEWATER TREATMENT FACILITY
________________________________________/
OGC CASE NO. 10-1936
EMERGENCY FINAL ORDER
Under Sections 120.569(2)(n), 373.026(7), and 373.119(2) of the Florida Statutes,
the State of Florida Department of Environmental Protection (“Department”) enters the
following Emergency Final Order, including findings of fact and conclusions of law, to
address the imminent threat of unavoidable additional releases of untreated sewage to
surface waters resulting from redistributing the system flows due to taking the
damaged 72-inch raw sewage force main off-line for the Miami-Dade North District
Wastewater Treatment Facility (“North District WWTF”). This Order authorizes the
Miami-Dade Water and Sewer Department (“MDWASD”) to repair or replace the
damaged section of the 72-inch force main, implementing the activities specified herein.
DEFINITIONS
The terms used in the Order are those defined generally in Title 62 of the Florida
Administrative Code (F.A.C.).
FINDINGS OF FACT
1. The North District WWTF is located at 2575 NE 151st Street, North Miami,
Florida. Raw sewage is delivered to the North District WWTF through one 72-inch
force main and two 54-inch force mains.
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2. The 72-inch force main failed due to unknown causes on June 18, 2010. The
pipe ruptured below ground level at approximately 1804 NW 157th Street, along the
north bank of the Biscayne Canal behind North Dade Middle School. The break in the
force main released an estimated 20 million gallons of sewage to the Biscayne Canal (C8) over a period of approximately 12 hours. The Biscayne Canal drains to Biscayne Bay’s
heavily used recreational areas.
3. Soil was washed away from the area around the force main break, leaving a
large crater and exposing an inactive 12-inch drinking water pipe adjacent and parallel
to the 72-inch sewer force main. The drinking water pipe belongs to the City of North
Miami Beach, and a section of this pipe in the immediate area of the force main break
has been either dislodged or removed.
4. Flow through the affected section of the 72-inch force main was rerouted
through other sewer lines to stop the release of sewage. Because infiltration and inflow
of stormwater can greatly increase the volume of sewage flowing through the pipes
whenever the area receives rain, the alternate route for the 72-inch force main’s sewage
may become overloaded at any time, resulting in further discharges of raw sewage to
surface waters via the Biscayne Bay watershed. Multiple instances of such discharges
have already occurred, with an additional 91,000 gallons or more of sewage released to
ground surfaces and the Biscayne Canal. The region is in the early part of the annual
rainy season and hurricane season, with progressively greater rainfall totals expected
over the next 2-3 months. Immediate repair or replacement of the damaged section of
the 72-inch force main is necessary to protect public health and environmental quality
from releases of raw sewage.
5.
Without this Order MDWASD would need to apply for and receive
wastewater and environmental resource permits from the Department to undertake the
needed repairs and replacement of the damaged sewer and drinking water pipe section.
A minimum of 30-45 days would be needed to process these permit applications. As
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the rerouting of the sewage flow risks further sewage releases until permanent repair of
the 72-inch force main can be completed, a much larger volume of raw sewage may be
discharged over a longer period of time if MDWASD were required to undergo normal
permitting procedures. Issuance of this Order will minimize the time needed to
complete these repairs and therefore minimize the volume of unavoidable releases
associated with replacement of the damaged pipe section.
6. The Department finds that discharges of raw sewage resulting from rerouting
sewage from the damaged pipe section, if the pipe is not quickly repaired, is likely to
result in adverse impacts to the water quality of Biscayne Bay. Long term discharge of
sewage into the Biscayne Canal and other surface waters is likely to result in decreased
dissolved oxygen levels, nutrient enrichment including the potential for algal blooms,
along with potential health impacts to the public using those waters.
7. Based on the conditions described above, the Department has determined that
that there is a likelihood of imminent harm to the environment in the Biscayne Canal,
Biscayne Bay, and other surface waters, and a potential risk to the health of persons
who may swim or fish in those waters, and emergency measures are necessary to
minimize these risks.
CONCLUSIONS OF LAW
8.
Section 120.569(2)(n) of the Florida Statutes gives the Department the
authority to issue an Emergency Final Order if, as agency head, I find that an immediate
danger to the public health, safety, or welfare so requires, and the Order recites with
particularity the facts underlying that conclusion.
9.
Section 373.119(2) of the Florida Statutes gives the water management
district’s the authority to issue an Emergency Order, if the Executive Director finds an
emergency exists that requires immediate action to protect the public health, safety or
welfare. Section 373.026(7) of the Florida Statutes gives the Department the authority to
exercise any powers authorized to be exercised by the water management districts.
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10.
Rule 62-110.107(2) of the Florida Administrative Code authorizes the
Department to enter an Emergency Order when it determines that immediate action is
necessary to abate an imminent or currently existing serious threat to the public health,
safety, welfare, or the environment.
11. Based on the findings recited above, I find and conclude that the emergency
caused by the damaged 72-inch sewer force main pipe requires an immediate Order of
the Department to protect the public health, safety, and welfare, and the environment.
THEREFORE, IT IS ORDERED:
12. MDWASD shall comply with the following:
a.
MDWASD shall coordinate with the City of North Miami Beach to
allow the City to cap or make repairs to the drinking water pipe before the canal bank is
restored.
b.
MDWASD shall comply with the “North District 72-inch Force
Main Repair Plan of Action” dated June 22, 2010, attached hereto and incorporated as
Exhibit I.
c.
All precautions and best management practices, including, berms,
coffer dams, sheet piles, turbidity curtains etc., shall be utilized at the repair site to
minimize environmental impacts and avoid discharges to surface waters.
d.
MDWASD shall monitor for dissolved oxygen, turbidity, total
nitrogen, total phos-phorous, and fecal coliform on a daily basis at the following sample
points: adjacent to work area approximately five to ten feet waterward of the canal
bank, and upstream and downstream 100 feet north and south of the work area.
Samples shall be collected at least five feet from the bank of the canal as measured at the
water line, and may be collected at the water surface. With prior approval of the
Department, MDWASD may adjust sampling locations based on the results of the initial
samples. More sampling locations may be added if the Department determines that
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such adjustments are necessary. MDWASD shall report the results of this monitoring to
the Department within 12 hours of receipt of laboratory results.
e.
Should dewatering around the work area be needed, appropriate
best management practices such as turbidity curtains shall be used to minimize
turbidity impacts to any receiving waters.
f.
MDWASD shall make all diligent efforts to minimize the incoming
influent flows from interconnected utilities (e.g., North Miami Beach) which contribute
to MDWASD’s sewage flows to the North District WWTF. MDWASD shall also redirect
sewage flows from the affected area to other MDWASD treatment facilities to whatever
extent possible.
g.
In the event that any type of dredging of the Biscayne Canal is
needed, MDWASD is authorized to dredge to the existing depths of the canal and
remove only the minimum material necessary that entered the waterway as a result of
the pipe failure, should further dredging be necessary beyond the existing depths of the
canal, the MDWASD shall seek additional approval from the Department through
modification of this Order. In addition, MDWASD shall coordinate their activities with
the South Florida Water Management District (“District”) and abide by any conditions
set forth by the District.
h.
MDWASD shall utilize all best management practices to minimize
turbidity during repairs, including the construction of a berm or coffer dam and
installation of turbidity curtains and booms.
i.
MDWASD is authorized to construct a temporary berm or coffer
dam as needed that may extend into the Biscayne Canal no greater than 12 inches
waterward of the existing canal bank in order to stabilize and rebuild the canal bank.
Within 30 days of completion of the pipe repairs or replacement, the MDWASD shall
repair or replace the canal bank in its same configuration and at its current location, and
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shall remove the coffer dam. In addition, MDWASD shall coordinate its activities with
the District and abide by any conditions set forth by the District.
j.
MDWASD shall comply with the standard manatee protection
construction conditions listed in the “Standard Manatee Conditions for In-Water Work,
2009”, which can be downloaded at http://myfwc.com/manatee/permits/.
13. Nothing in this Order prevents the Department from taking appropriate
enforcement for violations of Department rules and regulations.
14. Nothing in this Order shall eliminate the necessity for obtaining any other
federal, state, water management district, or local permits or other authorizations that
may be required.
15. The Department’s immunity from liability under Section 373.443, Florida
Statutes, for any damages that might result from the activities authorized by this Order
shall not be diminished by the terms of this Order or any activities taken pursuant to
this Order.
16. Failure to comply with the conditions set forth in this Order shall constitute a
violation of a Department Final Order under Chapters 373, and 403, Florida Statutes,
and enforcement proceedings may be brought in any appropriate administrative or
judicial forum.
17. The Department issues this Order solely to address the emergency created by
the failure of the existing force main as previously described. This Order does not
authorize any activity other than that which is specifically outlined above.
18. This Order shall take effect immediately upon execution by the Secretary of
the Department. The excavation and pipe repair/replacement shall be completed no
later than July 3, 2010. All work associated with this project including, backfilling, and
the upland restoration shall be completed no later than July 15, 2010, at which time this
Order shall expire, unless modified or extended by further Order.
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NOTICE OF RIGHTS
Any party substantially affected by this Emergency Final Order is entitled to
judicial review under Section 120.68, Florida Statutes, by filing a notice of appeal under
rules 9.110 and 9.190 of the Florida Rules of Appellate Procedure, with the Clerk of the
Department in the Office of General Counsel, Mail Station 35, 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399-3000, and by filing a copy of the notice
accompanied by the applicable filing fees with the appropriate district court of appeal.
The notice of appeal must be filed within thirty days after this Order if filed with the
clerk of the Department.
DONE AND ORDERED ON THIS ____ day of June 2010, in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
________________________________
Michael W. Sole
Secretary
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
FILED on this date, pursuant to §120.52 Florida Statutes, with the designated
Department Clerk, receipt of which is hereby acknowledged.
CLERK
DATE
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CERTIFICATE OF SERVICE
I CERTIFY that a true copy of the foregoing Emergency Final Order was faxed
and by electronic mail to the following person(s) on this ___ day of June, 2010.
John Renfrow
Director
Miami-Dade Water and Sewer Department
3071 SW 38th Avenue, Suite 519
Miami, Florida 33146
E-mail: renfrj@miami-dade.gov
Telephone #: 786-552-8979
Fax #: 786-552-8937
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
________________________________
Betsy Hewitt
Deputy General Counsel
3900 Commonwealth Boulevard
Mail Station 35
Tallahassee, Florida 32399-3000
Tel. (850) 245-2242
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EXHIBIT 1
WORK PLAN
(Partial copy of text sent via e-mail by Vicente E. Arrebola, P.E., Assistant Director,
Miami-Dade Water and Sewer Department, to Jill King, FDEP Southeast District, on
June 22, 2010 at 5:53 PM.)
“Gentlemen
The following information is intended to further define, clarify and document the
meeting that took place on the evening of Friday, June 18, 2010. While there are some
minor changes in the scope and instructions that were discussed last night, the overall
work remains the same. Please review this information carefully and adjust your bid
accordingly.
The following will define the scope of work and provide instructions to bidders for the
emergency repair of the 72-inch PCCP force main located at or near the 1800 block of
NW 157 Street in Miami-Dade County. The work will consist of furnishing and
installing all materials necessary for the removal and replacement of at least one joint of
72-inch force main and the removal and replacement of a damaged water main owned
by the City of North Miami Beach. The contractor will also provide any and all sheeting
and/or shoring necessary for the completion of this work. Any pipe material used in
this project that is owned by Miami-Dade Water and Sewer Department will be
replaced in like and kind by the contractor. The damaged canal bank will be replaced
only to the extent necessary to secure and stabilize the pipe repair. Total restoration
and dredging of the canal bank will not be part of this contract. However, silt barriers
to control the sediment created during any excavation or pumping will be required. All
work will be done in accordance with Miami-Dade Water and Sewer Department
standards and manufacturer’s recommendations.
The invited contractors will submit a lump sum bid for the above-described work via
e-mail no later than 5:00 PM on June 19, 2010. In addition to the lump sum bid, the
contractors will submit a price per additional joint of 72-inch pipe to be replaced if
necessary to complete this repair. The price for additional pipe joint replacement will
not be used for the incidental line and grade adjustments and pipe stabilization on
adjacent joints of pipe associated with this repair. This should be included in your
lump sum bid. As it is not yet known if the water main associated with this repair is
active, please provide a separate price for the replacement of the damaged water main
to be used should it become necessary to replace this pipe.
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Since this repair is an emergency, any required permits for this work will be afterthe-fact. Should there be permit fees associated with this project they will be considered
a pass through and the contractor will be reimbursed by the Department.
Any and all contract fees, including the Inspector General fee, will apply.
Please govern yourselves accordingly.
Pumping of the ground water and associated waste water will be done with a well
point pump. This type of pumping requires the setting of long pipes that are one and a
half inches in diameter called well points. These well points are usually set about
fifteen feet deep and when they are connected to a well point pump via a header system
they pull water through the ground, in this case sand, up through the well points where
the water is collected in the headers and eventually discharged out of the pump as clear
water. These well points will be set in close proximity to the force main and in ideal
conditions they will lower the water table to below the bottom of the pipe. However it
may be necessary to remove the waste water that remains in the force main by direct
pumping.”
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