TO: Indian River County Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
Sean C. Lieske, Director of Utility Services
Richard D. Meckes, Assistant Director of Utility Services
FROM: Michael Loveday, Water & Wastewater Operations Manager
DATE: September 29, 2025
SUBJECT: Florida Department of Environmental Protection Consent Order/Settlement Agreement 22-0150 for the Indian River County Department of Utility Services Wastewater Collections System
__________________________________________________________________
BACKGROUND
Indian River County Department of Utility Services (IRCDUS) owns and operates a wastewater collections system, ID No. FLSS0A483, for the purpose of collecting and ultimately treating wastewater generated by the customers of IRCDUS. This collections system is made up gravity sewer lines, force mains, manholes and other control structures, pneumatic/vacuum sewer systems, lift stations and master re-pumping stations for this purpose. All wastewater makes its way to one of three regional water reclamation facilities owned and operated by IRCDUS for wastewater treatment and effluent disposal.
ANALYSIS
The Florida Department of Environmental Protection (FDEP) has issued a Consent Order/Settlement Agreement (Order) to IRCDUS for sanitary sewer overflows occurrences beginning in 2021 through 2024 as outlined in the Order. The Consent Order/Settlement Agreement has been drafted to ensure that future sanitary sewer overflow occurrences are minimized and addressed in a timely manner.
The Order includes a penalty of $29,995; however, the Order allows the County to undergo either an in-kind project or a pollution prevention (P2) project in lieu of paying the fines stipulated within the order. If the County were to choose to pursue the in-kind option, the project cost must be equal to or greater than 1.5 times the cost of the penalty. On the other hand, if the County were to choose a P2 project, it only needs to be equal to, or greater, than the actual cost of the penalty. IRCDUS is proposing to pursue the P2 option by purchasing solar panels for several lift stations throughout our collection system in an effort to reduce the likelihood of further sanitary sewer overflows. The solar panels will ensure the availability of backup power for lift station communications equipment in the event of commercial power outages, which will assist staff in determining where to most effectively dispatch maintenance staff during such outages. Staff has received preliminary FDEP confirmation that this project conforms with P2 project intent with the understanding that final approval will be issued after an executed Consent Order is received by FDEP along with the completed pollution prevention project form.
While the P2 project offsets the stipulated penalty, the County must still pay the FDEP an $500 administrative investigation fee for costs incurred by the FDEP regarding this collection system related matter within 30 days of the signing of the Consent Order. Once FDEP grants approval for a P2 project, IRCDUS will bring a follow up item with a finalized plan and costs to the Board.
BUDGETARY IMPACT
Funding for the FDEP administrative investigation fee of $500.00 is available in the Utilities operating fund under the Utilities/WW Coll/Other Professional Services account, number 47126836-033190.
STAFF RECOMMENDATION
Recommended Action
Staff recommends that the Board of County Commissioners:
A. Authorize the Chairman to execute Consent Order 22-0150.
B. Authorize staff to pay the $500.00 administrative investigation fee to FDEP within 30 days of the effective date of the consent order.
C. Approve staff to finalize the negotiation of the pollution prevention project as outlined in consent order 22-0150.