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County Attorney's Report 12. 2.

BCC Regular Meeting

Action

Meeting Date:	08/06/2020
Issue: FDEP vs. Chavers Construction Inc. and Escambia County
From:	ALISON ROGERS
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning FDEP vs. Chavers Construction Inc. and Escambia County.

That the Board take the following actions:

A. Authorize the County Administrator to execute the FDEP Consent Order; and

B. Authorize payment of the administrative fine or the development of an in-kind project to satisfy the requirements of the Consent Order without further action by the Board; and

C. Accept for information that the required remediation is incomplete and the County remains jointly responsible for the outcome until complete and accepted by FDEP.

[Funding: Fund 001, Cost Center 110201, Object Code 54901]

BACKGROUND:

On December 6, 2018, the BCC retained Chavers Construction, Inc. to perform lead remediation and range rehabilitation for the County’s Perdido Landfill Gun Range. The facility has been used for years for firearms training and continues to be an active training facility for Sheriff’s Department personnel and other employees requiring firearms training. During the remediation project, approximately 13 loads of lead contaminated soils were transferred from the County facility to 2482 Eastman Lane, a privately owned property, for additional remediation. Transfer of the contaminated soils was in violation of environmental regulations. FDEP investigated and found the transfer to be regulatory violations.

During the past year, FDEP has provided oversight and guidance toward environmental compliance of the site at 2482 Eastman Lane, and the resulting Consent Order memorializes the County as a responsible party as defined in 62-730.020 F.A.C. Furthermore, based on the circumstances of the transfer of the soils offsite, it is believed the County and Chavers share responsibility for redress of all violations. Within 270 days of the effective date of the execution of the Consent Order, a Remedial Action Plan (RAP) must be submitted in accordance with Rule 62-780 to address soil and groundwater contamination at 2482 Eastman Lane, which must then be completed within 270 days of approval of the RAP. Note the County remains jointly responsible with Chavers Construction, Inc. until after completion of all activities required in the RAP. This could be an additional 18 months from execution of the Consent Order.

The Consent Order requires the County to pay either an administrative fine in the amount of $27,590 or perform an in-kind project valued at a minimum of $41,385. The Natural Resource Management staff is reviewing possible qualifying projects to satisfy the Consent Order.

Internally, process improvements continue to provide for better internal cross-departmental communication and review of project management. Further, the Natural Resource Management staff is now included in procurements to ensure minimum qualifications are met for contractors when environmental issues are present and the NRM staff is also provided an opportunity to comment on project management by other departments when environmental issues are present, and provide inspections for projects where necessary.

The County currently holds retainage in the amount of $48,237.85 and will not release the retainage to Chavers Construction, Inc. until final acceptance of the project by FDEP or EPA, depending on the ultimate agency oversight of the remediation.

BUDGETARY IMPACT:

Funding: Fund 001, Cost Center 110201, Object Code 54901 Other Current Charges and Obligations

LEGAL CONSIDERATIONS/SIGN-OFF:

The Consent Order was reviewed by the County Attorney's Office.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Consent Order