HomeMy WebLinkAbout2009 09 18 Email from DEPPage 1 of I
Rebecca Grohall
From: Jones, Kristine P. [ Kristine .P.Jones @dep.state.fl.us]
Sent: Friday, September 18, 2009 4:09 PM
To: hvmcpa @earthlink.net
Subject: Sebastian Offshore Marine
Attachments: Exhibit B.pdf; Marinas and Boatyards MSGP info.doc
Hello,
As we'd discussed on the phone, the Department has some outstanding legal issues regarding the Sebastian
Offshore Marine located at 1532 Indian River Drive, Sebastian, Florida. The issues involve a long- lapsed
Sovereign Submerged Lands Lease, the unpermitted addition of pilings, moorings, and finger piers, and the
unpermitted creation of a clam nursery and clam raceway. You can see a depiction of these unpermitted areas
in the attached pdf. We did not receive a citizen complaint on this issue and found the noncompliance during a
Department investigation. Department staff have been in contact with David Dabrowski over these issues.
As I mentioned on the phone, the Department is preparing an administrative lawsuit to bring this facility into
compliance. Please let me know by 5 pm on Wednesday, September 23rd, if you would like to instead work on
settling this matter without litigation. Settling this matter would entail entering into a Consent Order with
Department. The Consent Order would require, at least, that you (1) seek to renew your lease, (2) remove
unauthorized structures and activities that are in excess of the old lease, (3) pay lease fees in arrears, and (4) pay
a penalty and Department costs.
You may also want to consider looking into whether this facility may need a Multi- Sector Generic Permit under
the NPDES Stormwater Program. It is up to you to determine whether or not your Facility requires coverage.
Please see the attached document titled "Marinas and Boatyards MSGP info" for more information.
Feel free to contact me if you have any questions. I look forward to resolving this issue with you.
Sincerely,
Kristine Papin Jones
Assistant General Counsel
Florida Department of Environmental Protection
Office of General Counsel
email Kristine. P.Jones (@dei).state.fl.us
tel (850) 245 -2195
fax (850) 245 -2301
Florida's Water - Ours to Protect: Check out the latest information on Florida Water Issues at
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MARINAS AND BOATYARDS
Florida's NPDES Stormwater Program regulates industrial activities that meet both of
the following criteria:
Result in a discharge of stormwater to surface waters of the State or into a
municipal separate storm sewer system (MS4).
• Fall under any one of the 11 categories of industrial activities identified in 40
CFR 122.26(b)(14).
Marinas classified under Standard Industrial Classification (SIC) code 4493 that have
vessel maintenance shops (mechanical repairs, painting, fueling, and lubrication)
and/or equipment - cleaning operations are considered regulated industrial activities
under Section 40 CFR 122.26(b)(14). Vessel maintenance is a broad term that includes
fluid changes, mechanical repairs, parts cleaning, sanding, blasting, welding,
refinishing, painting, fueling, and storage of the related materials and waste materials
such as oil, fuel, batteries, or oil filters. Equipment cleaning operations include areas
where vessel and vehicle exterior washdown takes place over land.
Boatyards classified under Standard Industrial Classification (SIC) code s3732 or 3731
that engage in boat building and repairing are considered regulated industrial activities
under Section 40 CFR 122.26(b)(14).
If your facility meets the criteria above, then your facility is required to obtain coverage
under the Multi- Sector Generic Permit for Stormwater Discharges Associated with
Industrial Activities (MSGP).
In order to obtain coverage under the MSGP, please have the owner /operator follow
the steps below.
First, they will need to develop and implement a Stormwater Pollution Prevention Plan
( SWPPP). Refer to the Permit language for the items required to be included in the
SWPPP: for marinas,
http: / /www.dep.state.fl.us/ water / stormwater /npdes /docs /msgp /gfp.pdf, page 12 of
the pdf, #3 for the SWPPP requirements; or for boat yards,
http: / /www.dep.state.fl.us/ water /stormwater /npdes /docs /msgp /rfp.pdf, start on
page 10 of the pdf, #3 for the SWPPP requirements. I have included a link for the Clean
Marina/ Clean Boat Yard SWPPP template, attached and found at the following web
address:
http: / /www.dep. state. fl. us /cleanmarina/ files /Sample_ Stormwater_ P2 Plan.pdf . The
template is lengthy; however just follow the Table of Contents as a guide as to what
should be included in the SWPPP. Remember it is already prefilled in as an example,
please remove or adjust any portions that do not apply to the activities conducted at
your facility.
Last, they will need to apply for the Multi- Sector Generic Permit (MSGP) by submitting
the MSGP Notice of Intent (NOI) attached and located at the following web address:
http: / /www.dep.state.fl.us/ water /stormwater /npdes /forms /msgp noi.pdf and the
$500.00 permit fee made payable to the "Florida Department of Environmental
Protection." Permit instructions are also included. Please have them mail the
completed NOI and $500.00 permit fee to the address listed on page 3 of the NOI or
they can apply online by using our new Interactive Notice of Intent System (iNOI)
found at the following web address: http:/ /epic229 .dep.state.fl.us /Dwrminoi/ .
Please refer to the links below for more information that may help you complete the
forms (lat /long finder, FAQ's, etc.)
Industrial Information -
http: / /www.dep.state.fl.us/`water/stormwater/npdes/industriall.htm
FAQ's - http: / /www.dep.state.fl.us /water /stormwater /npdes /ind_faq.htm
Permit Questions -
http: / / www.dep.state.fl.us/ water/ stormwater/ npdes/ industrial4.htm