DEP05-1920
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
In re:
Petition for Water Quality
Exemption,
)
)
)
)
Tropicana Products, Inc.
)
Class V, Group 4 Injection System
)
Well IW-2
)
____________________________
OGC File No. 05-2018
Manatee County
FINAL ORDER
On October 11, 2002, the Department received an application from the applicant’s
representative, Camp, Dresser, and McKee, Inc., for the exemption for an installation
discharging into Class G-II ground water pursuant to rule 62-520.500 of the Florida
Administrative Code. The installation is the Tropicana citrus processing plant, which is located
at 1001 13th Avenue E., Bradenton, Florida 34208. The water injected is treated process
wastewater from the Tropicana wastewater treatment plant (WWTP). The receiving zone is the
Avon Park Formation. Tropicana requested exemption from three of the ground water standards
contained in rule 62-520.420(1) of the Florida Administrative Code. Specifically, the petition
requested exemption from three secondary drinking water standards: color, odor, and iron, which
are incorporated as ground water standards. The exemption request for color is 300 color units
and the maximum contaminant level (MCL) for color contained in the secondary drinking water
standards is 15 color units. The exemption request for iron is 4 mg/L and the MCL for iron
contained in the secondary drinking water standards is 0.3 mg/L. The exemption for odor is 20
threshold odor number (TON) and the MCL for odor is 3 TON. Secondary drinking water
standards are aesthetically based and do not pose a health threat at the requested level. After
reviewing the petition, the Department has concluded that the requirements and criteria set forth
in rule 62-520.500 of the Florida Administrative Code have been satisfied. A copy of the
Department's Intent to Grant is attached as Exhibit I.
The letter with the Notice of Intent, notified Petitioner of the Department's proposed
agency action and advised it of the right to a hearing pursuant to sections 120.569 and 120.57 of
the Florida Statutes. On October 14, 2005, notice was given in the newspaper Bradenton
Herald, printed in Bradenton, Florida, and on October 7, 2005, notice was published on the
Department of Environmental Protection Internet site at http://www.dep.state.fl.us under Official
Notices for the Underground Injection Control Program Area, informing the public of the
Department's intended action and offering an opportunity for hearing pursuant to sections
120.569 and 120.57 of the Florida Statutes. A copy of these notices is attached as Exhibits II and
III, respectively.
IT IS THEREFORE ORDERED that the petition of Tropicana requesting exemption
from the drinking water standards for color, iron, and pH set forth in rule 62-550.320 of the
Florida Administrative Code for the ground waters specified herein is hereby GRANTED,
subject to the following conditions:
(a)
The exemption is granted for the duration of Tropicana’s Class V well
construction permit number 37679-003-UC, and subsequent construction permits issued by the
Department to allow operational testing of this injection well. Future exemptions must be
petitioned for by the applicant in conjunction with a construction permit for any additional
injection wells at this facility. Tropicana shall petition for a water quality criteria exemption that
incorporates both IW-1 and IW-2 in conjunction with an application for an operation permit for
IW-2 at this facility.
(b)
The exemption provides relief only for the color, odor, and iron standards
contained in rule 62-550.320 of the Florida Administrative Code, as referenced in rule
62-520.420 of the Florida Administrative Code. All other ground water quality standards,
including the primary drinking water standards contained in rule 62-550.310 of the Florida
Administrative Code, and the minimum criteria contained in rule 62-520.400 of the Florida
Administrative Code, apply to this project.
(c)
The permittee shall monitor water quality in accordance with the specific
conditions of construction permit number 37679-003-UC.
(d)
For purposes of this exemption, compliance with the parameters contained in the
secondary drinking water standards and sodium shall be in accordance with levels established in
Exhibit A.
(e)
If water quality analysis indicates that any of the conditions in 1 through 3 below
have occurred because of injection at the Tropicana facility, the applicant shall resample within
one week. If, after resampling, the Department determines that any of the conditions in 1
through 3 have occurred, it shall be considered a violation of construction permit 37679-003-UC.
1.
The MCL is exceeded for any parameter contained in the federal primary
drinking water standards;
(f)
2.
The compliance level is exceeded for any parameter listed in Exhibit I; or
3.
Minimum criteria are exceeded.
The permittee shall use the data obtained during operation to reassess the distance
from the well that the color, odor, and iron standards would be exceeded. Based on the
reassessment, the permittee shall determine if additional monitoring is necessary to protect
underground sources of drinking water prior to obtaining an operation permit.
(g)
An updated inventory of wells within 1.2 miles of injection well IW-2 constructed
to a total depth of 400 feet or more shall be submitted to the Department annually. Should a
permit be issued allowing construction of a drinking water well to a depth of 400 feet or more
within 1.2 miles of injection well IW-2, the permittee shall reassess the ground water monitoring
program associated with this exemption.
This exemption, unless otherwise ordered, shall be valid for the duration of Tropicana’s
injection well IW-2, Class V, Group 4 well construction permit and subsequent construction
permits for this facility that may be necessary to complete operational testing. Additionally, the
applicant must petition the Department for exemptions in conjunction with an operation permit
for any injection project at this site.
A party to this order has the right to seek judicial review of it under section 120.68 of the
Florida Statutes, by filing a notice of appeal under rule 9.110 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 of appeal accompanied by the applicable filing fees with the appropriate district court of
appeal. The notice must be filed within thirty days after this order is filed with the clerk of the
Department.
DONE AND ENTERED this
day of
2005 in Tallahassee, Florida.
Colleen M. Castille, Secretary
State of Florida Department
of Environmental Protection
The Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Telephone (850) 245-2011
Copies furnished to:
Deborah Getzoff, DEP/Tampa
Richard Drew
Judy Richtar, P.G., DEP/Tampa
Richard Deuerling, P.G.
Cynthia Christen
Nancy Marsh, EPA/Atlanta
George Heuler, P.G.
Douglas Foster, Tropicana/Bradenton
Robert G. Maliva, P.G., CDM/Ft. Myers
Exhibit A
Compliance Levels for Secondary Drinking Water Parameters and Sodium
Parameter
Aluminum
Chloride
Copper
Color
Fluoride
Foaming Agents
Iron
Manganese
Odor
pH (at Collection Point)
Silver
Sodium
Sulfate
Total Dissolved Solids (TDS)
Zinc
MCL
0.2
250
1.0
15 CU
2.0
0.5
0.3
0.05
3 TON
6.5 - 8.5
0.1
160
250
500
5.0
IW-2
0.2
4500
1.0
300 CU
2.0
0.5
4.0
0.05
20 TON
6.5 - 8.5
0.1
1940
1400
9000
5.0
Compliance Level
DMW-1
0.2
3350
1.0
300 CU
2.0
0.5
4.0
0.05
20 TON
6.5 - 8.5
0.1
1410
1400
8360
5.0
SMW-2
0.2
250
1.0
15 CU
2.0
0.5
0.459
0.05
6 TON
6.5 - 8.5
0.1
160
395
1060
5.0
NOTES: 1. Concentrations are in mg/L unless otherwise indicated.
2. IW-2: Injection Well – Point of Injection (Open Hole Interval: 880-1640 ft. below land
surface).
3. DMW-1: Deep Monitor Well/Exploratory Well (Open Hole Interval: 910-1059 ft. below
land surface).
4. SMW-2: Shallow Monitor Well (Open Hole Interval: 560-605 ft. below land surface).
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to §l20.52, Florida Statutes, with the designated
Department Clerk, receipt of which is hereby acknowledged.
Clerk
Date
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing FINAL ORDER
has been furnished by the United States Mail to Mr. Michael Haycock, Tropicana
Products, Inc., 1001 13th Avenue East, Bradenton, Florida 34208, this ___ day of
__________________, 2005.
_________________________________
Cynthia K. Christen
Sr. Assistant General Counsel
3900 Commonwealth Boulevard
Mail Station 35
Tallahassee, Florida 32399-3000
Telephone: (850) 245-2230
PLEASE SEE PDF VERSION FOR EXHIBITS