I. CHAIRMAN S REMARKS. APPROVAL OF JUNE 2016 BOARD MEETING SUMMARIES June 13, 2016 Board Meeting i. Public Comment ii. Board Vote
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1 Air Odor Noise Committee Lucinda Sonnenberg, Ph.D. Chair Amy Fu, P.E. Nick Howland Mobeen Rathore, M.D. Water Committee Bobby L. Baker, P.E. Chair Steven Jenkins Tony C. Bellamy, P.E. Roi Dagan, M.D. Education & Public Outreach Steven Jenkins Michelle Tappouni Lucinda Sonnenberg, Ph.D. Tony Bellamy, P.E. Michelle Tappouni Chairman Nick Howland Vice Chairman Lucinda Sonnenberg, Ph.D., Steven Jenkins, Roi Dagan, M.D., Tony C. Bellamy, P.E. Bobby L. Baker, P.E., Mobeen Rathore, M.D., Amy Fu, P.E. Meeting Notice and Agenda Monday, July 11, :00 p.m. - Ed Ball Building 214 N. Hogan Street - 5 th Floor Conference Room West BOARD MEETING AGENDA CALL TO ORDER MICHELLE TAPPOUNI I. CHAIRMAN S REMARKS II. III. APPROVAL OF JUNE 2016 BOARD MEETING SUMMARIES June 13, 2016 Board Meeting i. Public Comment ii. Board Vote APPROVAL OF JUNE 2016 COMMITTEE MEETING SUMMARIES June 27, 2016 Water Committee June 27, 2016 Air & Odor Committee i. Public Comment ii. Board Vote IV. CONSENT ORDERS TREE KILBOURN (Air/Odor/Noise) Waste Pro USA, Inc. JAX (NP-16-05) - Permitting the operation of a trash or refuse service using a mechanical device between the hours of 10:00 p.m. and 7:00 a.m. within 200 meters of property that is in a Class A or Class B areas [St. Augustine Rd., 1749 Sheridan St., Brewster Rd.] proposed settlement $5,000 (Water/Haz Mat) Regal Cinemas, Inc. (WP-15-22) - Unlawful discharge of wastewater; Failure to maintain wastewater collection/transmission system to function as intended; Failure to have compliant OMR agreement; Failure to notify EQD proposed settlement $1,620 [$6,480 less the mitigation credit of 75% for the SEP, a $4,860 credit] Preserve at St. Nicholas Investment LLC, the property owner of common areas, The Preserve at St. Nicholas Condominium Association, Inc. (WP-15-10) - Unlawful discharge of wastewater; Failure to maintain system so as to function as intended; Failure to comply with design standards; Failure to perform required maintenance and keep required records proposed settlement $ [$6,480 less $6, SEP mitigation credit] I. Public Comment II. Board Vote
2 V. ENFORCEMENT REPORT TREE KILBOURN Compliance Plan Modification Request - BLANCHARD APARTMENTS, LLC Compliance Plan Modification Request - MAYPORT PARTNERS 2, LLC; JEFF KLOTZ; AMERICAN MANAGEMENT GROUP OF NORTH FLORIDA, LLC I. Public Comment II. Board Vote VI. PRESENTATION(s) Jax Zoo Living Shoreline Project JANET HERRICK VII. COMMISSION UPDATES Waterways Commission KJB Commission VIII. EPB ADMINISTRATOR REPORT STEVE JENKINS NICK HOWLAND JAMES RICHARDSON IX. ENVIRONMENTAL QUALITY DIVISION REPORT MELISSA LONG X. OLD BUSINESS Seismic Gun Testing Resolution/Letter (referred to EPO Committee) Jacksonville Harbor Deepening Project - Environmentally focused forum/town hall (referred to EPO Committee) EPB Policy Positions (referred to EPO Committee) XI. NEW BUSINESS none XII. ITEMS REFERRED TO COMMITTEES XIII. COMMENTS FROM THE PUBLIC The public is invited to address the board at this time. All those who wish to address the Board should complete a request to speak card and give it to the EPB staff. When making comments, please identify yourself, stating your full name and address. Comments should be addressed to the Board as a body and not to any member directly and will be limited to 3 minutes each. XIV. NEXT SCHEDULED BOARD MEETING(s) EPB Committees i. Water Committee July 25, 2016 at 4:30 pm ii. Air & Odor Committee July 25, 2016 at 5:00 pm iii. Education & Public Outreach wk of July TBD EPB Steering Committee August 3, 2016 EPB monthly meeting August 8, 2016 at 5:00 pm XV. ADJOURNMENT EPB Monthly Meeting July 2016 Page 2
3 M E M O R A N D U M TO: Jacksonville Environmental Protection Board Steering Committee THROUGH: Melissa M. Long, P.E., Division Chief FROM: Tree Kilbourn, Environmental Enforcement Officer DATE: June 28, 2016 SUBJECT: PROPOSED PRESENTATION TO JEPB JULY 11, 2016 APPROVAL OF CONSENT ORDER SETTLEMENTS Air Waste Pro USA, Inc. JAX (NP-16-05) Permitting the operation of a trash or refuse service using a mechanical device between the hours of 10:00 p.m. and 7:00 a.m. within 200 meters of property that is in a Class A or Class B areas [St. Augustine Rd., 1749 Sheridan St., Brewster Rd.] Water Regal Cinemas, Inc. (WP-15-22) Unlawful discharge of wastewater; Failure to maintain wastewater collection/transmission system to function as intended; Failure to have compliant OMR agreement; Failure to notify EQD Preserve at St. Nicholas Investment LLC, the property owner of common areas, The Preserve at St. Nicholas Condominium Association, Inc. (WP-15-10) Unlawful discharge of wastewater; Failure to maintain system so as to function as intended; Failure to comply with design standards; Failure to perform required maintenance and keep required records c: Ms. Kimberly Scott, Interim Director Mr. Jason Teal, OGC Ms. Sondra Fetner, OGC Mr. James Richardson, Program Administrator, EPB EQD Branch Managers G:\DATA\WPdata\Enforcement Services\J E P B\Memo 2016\7-16.doc Environmental Quality Division 214 North Hogan Street, Fifth Floor Jacksonville, FL Phone: Fax:
4 Consideration of a negotiated Consent Order settlement of: THE ENVIRONMENTAL PROTECTION BOARD CITY OF JACKSONVILLE, FLORIDA JULY 11, 2016 CITY OF JACKSONVILLE -vs- Waste Pro USA, Inc. JAX, NEIGHBORHOODS DEPARTMENT, Petitioner, Type of alleged violation(s): Source of alleged violation(s): Respondent. Permitting the operation of a trash or refuse service using a mechanical device between the hours of 10:00 p.m. and 7:00 a.m. within 200 meters of property that is in a Class A or Class B areas [St. Augustine Rd., 1749 Sheridan St., Brewster Rd.] Properties located at 2011 Emerson St., 3530 St. Augustine Rd., 3838 St. Augustine Rd., Jacksonville, Florida Date of alleged violation(s): March 3, 2016 Method of determining alleged violation(s): Field investigation Rules allegedly violated: JEPB Rule 4.211A ND response to alleged violation(s): Cease and Desist Citation NP-16-05issued 4/8/16 Respondent s corrective actions: Route noted, reviewed Google Map Ruler tool and Property Appraiser database with EQD staff as compliance education Consent Order settlement fee: $5,000 Consent Order requirements: Previous/Other enforcement actions: None None for these specific addresses. EQD Notice letter regarding change in penalty guidelines and procedures 7/2/15. Previous Enforcement with Waste Pro for operation of a trash or refuse service between 10pm and 7am: NP issued 3/18/09 to Waste Pro of Florida, Inc. (3551 St. Johns Ave). $1,500 civil penalty paid. Case closed. NP issued 3/18/09 to Waste Pro of Florida, Inc. (3606 Blanding Blvd). $1,200 civil penalty paid. Case closed. NTCs for Waste Pro: 6/13/11 for 100 Bell Tel Way. Closed. 4/6/10 for 9735 Old St. Augustine Rd. Closed. 8/17/09 for 2179 Emerson St. Closed. 4/17/09 for 9760 Lem Turner Rd. Closed. 2/6/09 for 3551 St. Johns Ave. Referred to Enforcement. 8/14/08 for San Jose Blvd. Closed. 6/11/08 for 3646/3752 Blanding Blvd. Referred to Enforcement. 3/19/08 for 3646 Blanding Blvd. Referred to Enforcement. 3/19/08 for 5436 Blanding Blvd. Closed. 9/28/07 for 3551 St. Johns Avenue. Closed.
5 Consideration of a negotiated Consent Order settlement of: THE ENVIRONMENTAL PROTECTION BOARD CITY OF JACKSONVILLE, FLORIDA JULY 11, 2016 CITY OF JACKSONVILLE -vs- Regal Cinemas, Inc., NEIGHBORHOODS DEPARTMENT, Petitioner, Type of alleged violation(s): Source of alleged violation(s): Respondent. Unlawful discharge of wastewater; Failure to maintain wastewater collection/transmission system to function as intended; Failure to have compliant OMR agreement; Failure to notify EQD Wastewater collection/transmission system with lift station located on Beach Blvd. (RE No ) and serving Beach Blvd. (RE No ), Beach Blvd., Beach Blvd., RE No , and Beach Blvd., Jacksonville, Florida Date of alleged violation(s): On or before 6/15/15 Method of determining alleged violation(s): File reviews and field investigations Rules allegedly violated: FS (1)(b), JEPB Rules 3.103B and G; 3.403D; 3.405A.7 and 3.405A.7.a. ND response to alleged violation(s): Respondent s corrective actions: Consent Order settlement fee: Cease and Desist Citation WP issued 7/21/15 to Regal Cinemas, Inc., Elda FL Investments, LLC, John C. Cothran, Discount Auto Parts, LLC, and MNSTT 2, LLC First Amendment to Declaration of Reciprocal Easements and Restrictive Covenants recorded 2/25/16 Engineer hired and permitting in progress $1,620 [$6,480 less the mitigation credit of 75% for the SEP, a $4,860 credit] Consent Order requirements: Status reports due 1 st of month starting 7/1/16 Permit application due 7/15/16 SEP - install two automated remote transmission units with supplemental battery power at the lift stations located at Beach Boulevard and 9525 Philips Highway All work and SEP completed and Request for Approval submitted by 9/30/16 Previous/Other enforcement actions: None
6 Consideration of a negotiated Consent Order settlement of: THE ENVIRONMENTAL PROTECTION BOARD CITY OF JACKSONVILLE, FLORIDA JULY 11, 2016 CITY OF JACKSONVILLE -vs- Preserve at St. Nicholas Investment, LLC and NEIGHBORHOODS DEPARTMENT, The Preserve at St. Nicholas Condominium Association, Inc., Petitioner, Type of alleged violation(s): Source of alleged violation(s): Respondents. Unlawful discharge of wastewater; Failure to maintain system so as to function as intended; Failure to comply with design standards; Failure to perform required maintenance and keep required records Wastewater collection/transmission system located at 3952 Atlantic Blvd., Jacksonville, FL Date of alleged violation(s): On or before 1/21/15 Method of determining alleged violation(s): File reviews and field investigations Rules allegedly violated: FS (1)(b); JEPB Rules B. and G.; and 3.402; and 3.404; A.6; 3.405A.5.a, 3.405A.5.b and 3.405A.5.c; 3.405A.7 and 7.a. ND response to alleged violation(s): Cease and Desist Citation WP issued 4/16/15 Respondent s corrective actions: Consent Order settlement fee: Two pumps installed as of 2/5/15 inspection; engineered hire to evaluate and permit system modifications $ [$6,480 less $6, SEP mitigation credit] Consent Order requirements: Permit application submitted by 6/30/16 SEPs: Installing 3 audible visual high levels float alarms for 3 System manholes and installing one wireless radio transmitter with battery backup for alarm at the System lift station Status reports by 15 th of each month All work completed and Request for Approval submitted to EQD by 10/30/16 Previous/Other enforcement actions: NTCs GT issued 1/27/15 to Preserve at St. Nicholas Condominium Association, FirstService Residential, Inc. and Preserve at St. Nicholas Condominium Association, Inc. for unlawful discharge, failure to notify EQD, unlawful bypass and failure to post sign with required information. Referred to Enforcement. Actions against Previous Owners: Cease and Desist Citation WP issued 2/11/09 to Plantation Apartments, LLC d/b/a The Preserve at St. Nicholas for unlawful discharge, failure to maintain equipment, failure to notify, failure to comply with design standards. Citation resolved by Court appointed Receiver with upgrades to system. $18,020 penalty assessed, $13,515 SEP and $4,505 penalty paid. Closed. NTCs VY08011 issued 2/21/08 to Edward M. Whalen, Robert G. Randall and The Preserve at St. Nicholas and The Preserve at St. Nicholas for unlawful discharge and failure to keep equipment in service. Referred to Enforcement.
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