Okaloosa County BOCC — July 19, 2016 — Industrial Pretreatment Program - Multi-Jurisdictional Agreement with the — agenda request

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: July 19, 2016 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Industrial Pretreatment Program - Multi-Jurisdictional Agreement with the City of Fort Walton Beach DEPARTMENT: Water and Sewer BCC DISTRICT: All STATEMENT OF ISSUE: Okaloosa County Water & Sewer (OCWS) staff requests the Board of County Commissioners (BCC) approval for the Chairman to execute the Multi-Jurisdictional Agreement (MJA) with the City of Fort Walton Beach. This MJA is required per the Florida Department of Environmental Protection (FDEP) and will satisfy a requirements of OCWS' Industrial Pretreatment Program (IPP) as stated in the Florida Administrative Code (FAC) Subparagraph 62-625.500(2)(b). The MJA, along with the County Contract Review Coordination Sheet, is attached for your review and consideration. BACKGROUND: Under an existing interlocal agreement, all of the wastewater from the City of Fort Walton Beach is treated at the County's Arbennie Pritchett Water Reclamation Facility. Therefore, any potential industrial users within the City's service area must comply the OCWS IPP. In January 21, 2016, The Florida Department of Environmental Protection (FDEP) conducted a Pretreatment Compliance Inspection (PCI) of OCWS' IPP. This IPP is a regulatory requirement by FDEP due to one Categorized Industrial User (CIU), Fort Walton Machining, Inc., and the potential for future additional Significant Industrial Users (SIU) or CIU’s. This determination is made by OCWS staff conducting an annual industrial user survey in order to identify potential new industrial users. During the PCI, FDEP identified an ‘item of concern,’ specifically, the absence of a MJA between Okaloosa County and the City of Fort Walton Beach as required in accordance with Subparagraph 62-625.500(2) (b), of the FAC which states, “The public utility shall operate under legal authority enforceable in Federal, State, or local courts which authorizes or enables the public utility to apply and to enforce the requirements of this chapter. Such authority shall be contained in a statute, ordinance, or series of contracts or joint powers agreements which the public utility is authorized to enact, enter into or implement, and which are authorized by State law.” The MJA defines roles of the County and City as it relates to the IPP and establishes an enforcement mechanism, should one of the City's industrial customers be in violation of their County-issued industrial pretreatment permit. This is extremely important, as industrial users represent a much higher-than-normal risk to upset the biological treatment process. OCWS presented a draft MJA to the City for review and approval. The City Council has approved and executed the MJA, and it now needs approval from BCC. Once the MJA has been fully executed, OCWS will present the MJA back to the FDEP for final approval. The fully approved and executed MJA will be incorporated into and become part of OCWS' IPP. This will satisfy FDEP’s ‘item of concern’ as it relates to the above mentioned FAC, and, as well, ensure all aspects of OCWS IPP are in compliance with state law. OPTIONS: Approve or deny. RECOMMENDATIONS: OCWS staff recommends BCC approval to authorize the Chairman to execute the Multi-Jurisdictional Agreement with the City of Fort Walton Beach. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator