HomeMy WebLinkAbout2023 03 13 Public Hearing 400 - First Reading of Ordinance No. 2023-02: 1333 Highway 17-92 Voluntary Annexation of real property owned by Florida Auto Auction Properties, LLC. • PUBLIC HEARINGS AGENDA ITEM 400
,n m=ared CITY COMMISSION AGENDA I MARCH 13, 2023 REGULAR MEETING
1959
TITLE
First Reading of Ordinance No. 2023-02: 1333 Highway 17-92 Voluntary
Annexation of real property owned by Florida Auto Auction Properties, LLC.
SUMMARY
The applicant, Florida Auto Auction Properties LLC, is petitioning the city to
annex four parcels totaling approximately 9.82 acres. Florida Auto Auction
Properties LLC acquired the property on August 15, 2022 and intends to use
the property for the additional storage of vehicles and an ancillary office in
support their existing auto auction business (Orlando Longwood Auto
Auction) located a short distance away on the west side of SR 17-92 in
unincorporated Seminole County at 2800 N US Hwy 17-92, Longwood, FL
32750. As detailed in the staff report, the subject property being considered
for annexation is a contaminated site and is currently designated a Superfund
Site by the US Department of Environmental Protection. The EPA recently
issued a Record of Decision in September of 2022 to remedy the
contamination. The County has been notified in writing by staff of the
annexation per Florida Statutes, and the annexation will be advertised for two
consecutive weeks in the newspaper prior to second reading (should second
reading occur).
RECOMMENDATION
Staff recommends that the City Commission discuss and determine whether
or not to approve the First Reading of Ordinance 2023-02.
261
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
Inrnrlmnted
1954
Annexation Report — 1333 Hwy 17-92
This report addresses a voluntary annexation request petitioned by Florida Auto Auction
Properties, LLC ("Florida Auto") pursuant to Section 171.044, Florida Statutes, affecting real
property consisting of four tax parcels generally located on the east side of SR 17-92 just north of
Shepard Road and legally described in Exhibit B to this Report. The subject property has a street
address of 1333 N US Hwy 17-92 Longwood FL 32750. Florida Auto acquired the property on
August 15, 2022 and intends to use the property for the additional storage of vehicles and an
ancillary office in support their existing auto auction business (Orlando Longwood Auto Auction)
located a short distance away on the west side of SR 17-92 in unincorporated Seminole County at
2800 N US Hwy 17-92, Longwood, FL 32750. As explained below, the subject property being
considered for annexation is a contaminated site and is currently designated a Superfund Site by
the US Department of Environmental Protection. The EPA recently issued a Record of Decision
in September of 2022 to remedy the contamination.
Specifically, this Report evaluates whether this request meets the requirements for annexation as
outlined in Chapter 171 of the Florida Statutes. Generally, a property owner may request an
annexation of real property into the City if the property is contiguous to the municipality's
boundaries at the time the annexation proceeding is begun and reasonably compact,the annexation
of the property does not create an enclave, and no part of the area shall be included within the
boundary of another incorporated municipality. Further, the property has to be suitable for urban
purposes, which is defined as land is used intensively for residential, commercial, industrial,
institutional, and governmental purposes, including any parcels of land retained in their natural
state or kept free of development as dedicated greenbelt areas. Section 171.031(10), Florida
Statutes.
The property consists of four (4) parcels, all of which are currently developed and used for
commercial/industrial storage purposes. The Annexation Study area is contiguous to the City's
municipal boundaries and is reasonably compact, creating no enclaves, pockets, or finger areas in
serpentine patterns.
The subject property consists of approximately 9.82 acres of land with existing structures currently
being used for file storage purposes.There are no residential units nor any registered electors living
on the property. Annexation of this Area is consistent with the City's Comprehensive Plan, FLU
Objective 1.8: Annexation. The City shall pursue a policy of annexation which will provide for the
most efficient use ofpublic facilities and services, eliminate areas ofjurisdictional problems, and
provide for sound growth and development of the City and surrounding area. Subsequent
Comprehensive Plan Policies implementing Objective 1.8 are also relevant, in addition to the
City's Code of Ordinances, section 2.03 regarding annexation procedures.
The property is located in an unincorporated Seminole County located on the east side of Highway
17-92 just north of Shepard Road (See Exhibit A — Annexation Map). It is legally described by
262
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
Inrnrlmnted
1954
metes and bounds in Exhibit B. The property is bounded on the south by the City of Winter Springs
and on all other sides by Unincorporated Seminole County. The property is contiguous to the
boundary of the City of Winter Springs and compact. The subject property is in Seminole County
Commission District 92, which is currently represented by Commissioner Jay Zembower. If
annexed into the City of Winter Springs,the area will be included in City Commission district 94,
which is currently represented by City Commissioner Cade Resnick(See Exhibit C—Commission
District Map).
The development pattern within and to the south of the property has been primarily light industrial.
The property is expected to be used for vehicle storage and ancillary office space.
If the property is annexed,the annexation will not attract or facilitate any other additional voluntary
annexations by the City of Winter Springs because the property is bounded on the west by US
Highway 17-92 and the north by Spring Hammock Preserve owned by the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida.
Superfund Site
The subject annexation presents additional considerations for the City Commission because it is
an EPA Superfund Site. Staff and the City Attorney's office researched and examined the current
status of the Site to develop the following information for the Commission's consideration:
Historically, General Dynamics Corporation or its affiliates manufactured printed circuit boards
and other electronic equipment at this property from the mid-1960s to the early 1980s. Workers
cleaned manufactured products with vapor degreasers on site. Cleaning agents in the vapor
degreasers included chlorinated solvents. In 1994, a new owner purchased the property and used
it as a publication business and became known as the Gould property. After initial investigations,
the U.S. Environmental Protection Agency ("EPA") placed the site on the Superfund program's
National Priorities List (NPL) in 2010 because of soil and groundwater contamination. EPA
believes that contaminated groundwater from the site has merged with contaminated groundwater
from the adjacent Sprague Electric Company site. According to the EPA, site contamination does
not currently threaten local residents living and working near the site. One potentially responsible
party (PRP) has placed filters on two private drinking water wells. All other residents and
businesses use the local public water system for drinking water. The EPA has identified the party
responsible for the contamination as General Dynamics and United Technologies Corporation
(both are now Raytheon Technologies).
In September of 2022, based on the Administrative Record for the site, the EPA issued a Record
of Decision(See Exhibit I—Excerpt of EPA Record of Decision). The Record of Decision presents
the selected remedy for the site which is identified as Alternative 5: In-Situ Treatment with
Reagent Injection and Institutional Controls in accordance with the Compensation Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended by the Superfund
263
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
Inrnrlmnted
1954
Amendments and Reauthorization Act of 1986 (SARA), and the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP). Congress enacted CERCLA in 1980 "to promote
the timely cleanup of hazardous waste sites and to ensure that the costs of such cleanup efforts
were borne by those responsible for the contamination." Burlington N. & Santa Fe Ry. Co. v.
United States,556 U.S. 599, 129 S.Ct. 1870, 1874, 173 L.Ed.2d 812(2009). In general,the remedy
involves injection treatments into the aquifer to enhance the rate of reactions in groundwater at the
site that are designed to destroy the existing groundwater contamination and is estimated to cost
approximately $560,784. Changes in the cost elements are likely to occur as a result of new
information and data collected during the engineering design of the remedy. Groundwater
monitoring will assess the effectiveness of the injection program and attainment of groundwater
cleanup levels. Further, institutional controls preventing drilling of groundwater supply wells and
restrictions regarding groundwater use to preclude human exposure to contaminated groundwater
will remain in place until remedial action objectives are met. The Record of Decision states that
there are no principal threat wastes known to be present at the site. The estimated timeframe for
construction completion is less than one year. Long-term monitoring is expected to continue until
groundwater cleanup levels are attained throughout the plume. The Administrative Record
regarding this EPA Superfund Site can be reviewed at the following link:
hllps://cumulis.epa. og v/supercpad/SiteProriles/index.cfm?fuseaction=second.Cleanup&id=0410
013#bkground.
The Record of Decision describes the current and future land and resources uses for the site as
follows:
Current land use near the Site is mixed. Spring Hammock Preserve borders the Site to the
north. Highway 17/92 is located west of the Site. Forested land is located west of the
highway. Commercial and industrial properties are located south of the Site. A day care
center and an elementary school are located less than 1,000 feet east of the Site. A
residential area is located within 1,000 feet south and southeast of the Site. Land use near
the Site is not expected to change. The current and reasonably anticipated future land uses
for the Site are commercial, industrial, and recreational uses. The EPA also considered
potential residential exposure scenarios,which can be used to conservatively estimate risks
to non-residential child receptors, such as children in a school or day care setting. The Site
was purchased on August 15, 2022, by a local businessman who plans to use it in support
of his auto auction company,primarily to park cars. Historically, it was used for industrial
purposes. The Site has several buildings, driveways, and parking lots. The land is zoned
M-1 under the Seminole County, Florida Land Development Code, which allows a range
of commercial and light industrial uses.
FDEP classifies both the shallow aquifer and the Floridan aquifer at the Site as Class G-11
under F.A.C. Chapter 62-520.410 for potable water use. There were previously four water
wells on site that were screened in the Floridan aquifer. These wells were abandoned in
2020. The Site is connected to the City of Winter Springs' public water supply.
264
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
Inrnrlmnted
1954
According to the Applicant's attorney,there are no limitations on the development of the property
for industrial or commercial use or for the owner's proposed use for ancillary parking in connection
with the owner's nearby auto auction. In addition, the attorney advised that the EPA completed its
site visit on January 24, 2023 and is working with Raytheon on developing the scope of work to
implement the remediation plan. So long as the owner cooperates with the EPA on its response
actions,the owner will continue to qualify as a"bona fide prospective purchaser"under CERCLA
which is the safe harbor provision intended to encourage the purchase and redevelopment of
Superfund properties.
CERCLA is a strict-liability statute, which creates liability for parties that are or were responsible
for contaminating the environment with hazardous chemicals. The EPA is responsible for
enforcing the provisions of CERCLA and may also be responsible for cleanup and site remediation
under CERCLA. CERCLA creates environmental liability for "potentially responsible parties"
("PRPs"). There are five types of PRPs: (1) current or past owners of contaminated sites; (2)
operators of sites; (3)transporters of hazardous substances, (4) arrangers of hazardous substances;
and(5) generators of hazardous substances. While local governments can be PRPs,the annexation
of property does not in and of itself make a local government a PRP. In essence,to be liable under
CERCLA, a party must currently or have at one time exerted some measure of control over a
contaminated property, or must have taken responsibility for the property in some manner.
As such, the City's annexation of the property into the jurisdictional limits of the City will not, in
and of itself, create any environmental liability for the City under CERCLA. Further, Section 42
U.S.C. 9607(d)(2) provides an exemption to municipal liability under CERCLA for responses to
emergencies: "No State or local government shall be liable under this subchapter for costs or
damages as a result of actions taken in response to an emergency created by the release or
threatened release of a hazardous substance generated by or from a facility owned by another
person. This paragraph shall not preclude liability for costs or damages as a result of gross
negligence or intentional misconduct by the State or local government. For the purpose of the
preceding sentence, reckless, willful, or wanton misconduct shall constitute gross negligence."
Nevertheless,there is existing case law involving questions of municipal liability under CERCLA
by virtue of the fact that the municipality contracts with (arranger liability) the landfill operator
for transport and disposal of waste. Liability under CERCLA as an arranger requires sufficient
nexus between municipality and hazardous substances, one that does not seem to exist in cases
where the governmental unit is responsible only for promulgating disposal regulations or for
permitting disposal facilities. Thus, while environmental clean-up remedy selected for the site
appears to involve ground water injections, and not the transport of contaminated material, care
would need to be taken during the remediation process to ensure that the City is not involved in
the transport and disposal of any contaminated material. Otherwise,the annexation of a Superfund
site might not impose much more of a significant liability risk than that incurred on a normal basis
by virtue of its contractual relationship with a waste hauler for mixed household and commercial
and industrial waste.
265
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
Inrnrlmnted
1954
In addition, it appears that local governments are often involved in some way in imposing
regulations (including zoning) that serve as at least a portion of the institutional controls package
for a Superfund site. There are multiple kinds of institutional controls, including "proprietary
controls" and"governmental controls." The EPA takes a layering approach, suggesting that using
different types of institutional controls helps to ensure the protectiveness of the response
action. Proprietary controls refer to controls on land use that are considered private in nature
because they tend to affect a single parcel of property and are established by private agreement
between the property owner and a second party who, in turn, can enforce the controls, such as
restrictive covenants. Local governments are listed as possible grantees or even third-party
beneficiaries for enforcement of these proprietary controls, but a grantee could also include the
EPA and a number of other governmental and conservation organizations. Governmental controls
impose restrictions on land or resource use using the authority of a government entity. Typical
examples of governmental controls include zoning; building codes; state, tribal, or local
groundwater use regulations; and commercial fishing bans and sports/recreational Fishing limits
posed by federal, state and/or local resources and/or public health agencies. Zoning is used as a
tool to reduce exposure to contamination. The EPA guidance documents state there are drawbacks
to zoning ordinances as institutional controls and care needs to be taken that cumulative zoning
doesn't result in uses that can lead to exposure (i.e., zones that are industrial or commercial in
nature may permit other types of uses like day-cares that could pose a risk to human health as a
result of exposure). The Record of Decision states that institutional controls will be implemented
to prevent drilling of groundwater supply wells and to restrict groundwater use to preclude human
exposure to contaminated groundwater until RAOs are attained which is expected to be achieved
in less than 5 years. The implementation of institutional controls would begin prior to finalizing
the remedial design. The Record of Decision does not identify any institutional controls being
required or implemented by Seminole County government. However, if the property is annexed,
it is uncertain whether the EPA will find it necessary in the future to impose additional institutional
controls and whether the City will be approached to assist with implementing such institutional
controls including future monitoring. Presumably, environmental liability could potentially attach
to the City as an operator depending upon the extent of the role (if any) that the City takes with
respect to enforcing institutional controls.
Current and Proposed Future Land Use and Zoning
Following annexation,the City of Winter Springs will initiate comprehensive plan amendments to
assign the appropriate City future land use designation for the annexed properties. The proposed
future land use designations and zoning classifications presented in this Annexation Report are
preliminary and may be modified once a more detailed land use analysis occurs when initiating
the necessary comprehensive plan amendments.
Pursuant to Section 171.062 Florida Statutes, Seminole County future land use and zoning
regulations will remain in effect until the City of Winter Springs adopts a comprehensive plan
amendment and rezoning of the annexed area. Please refer to Exhibit D — Existing Future Land
266
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
Incroslwxa[cd
1959
Use Map, Exhibit E— Existing Zoning Map, Exhibit F —Applicant's Proposed Future Land Use
Map designation, and Exhibit G—Applicant's Proposed Zoning Map designation. The applicant
has requested C-2 General Commercial District zoning and Industrial future land use. Staff will
further analyze the requested zoning and future land use classifications against the City's
Comprehensive Plan and land use development regulations and criteria. The applicant's proposed
use of the property is permitted in the I-1 Light Industrial District zoning district in addition to the
C-2 General Commercial District.
Provision of Public Facilities and Services
The table below gives the current service providers and the potential providers that would serve
the property if the annexation ordinance is adopted. Exhibit H illustrates the presence (or lack
thereof) of the City of Winter Springs water& sanitary utility lines and stormwater utility lines in
the area.
Current and Potential Service Providers
Current Potential
Service Providers Service Providers
Service (Seminole County) (City of Winter Sprints)
Potable Water Seminole County Utilities City of Winter Springs
Wastewater Private Septic Tank Private Septic Tank; City of Winter
Springs when available
Reclaimed Water None None; City of Winter Springs when
available
Electric Service Duke Energy Duke Energy
Solid Waste None Waste Services of Florida, Inc.
Stormwater None City of Winter Springs
Police Seminole County Sheriff City of Winter Springs
Fire Seminole County Seminole County
What follows is a brief description of how the City of Winter Springs will provide each of the
needed urban services for the property upon annexation.
Potable Water:
According to Seminole County's Utility Map, potable Water is currently provided by Seminole
County Utilities. After annexation, potable water will be provided by the City of Winter Springs.
A 10"PVC pipe is available for potable water on the southeast edge of the property which would
allow the property to connect to City water.
Wastewater:
There are no wastewater or reuse lines in place to service the study area at this time. The applicant
will remain on private septic until such time that City service is available.
267
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
Inrnrlmnted
1954
Reclaimed Water:
There are no reclaimed water lines in place to service the study area with reclaimed water at this
time.
Electric Service:
Electric service is currently provided and will continue to be provided by Duke Energy.
Solid Waste:
The City of Winter Springs currently has a franchise agreement and is serviced by Waste Services
of Florida, Inc., a private solid waste contractor. Upon annexation, Waste Services of Florida, Inc.
will provide service to the subject property.
Stormwater Management:
There does not appear to be any on-site stormwater retention at this time.
Police Protection:
Police service is currently provided by the Seminole County Sheriff's Office and will be provided
by the City of Winter Springs upon annexation.
Fire Protection:
The Annexation Study Area is currently serviced by Seminole County Fire and will continue to do
so.
Conclusion
The property is contiguous and compact and upon annexation would provide a logical extension
of City boundaries. The City of Winter Springs has and can provide the necessary public facilities
and services to serve the property if annexed.
The annexation of the property meets the requirements of Chapter 171 of the Florida Statutes. In
addition, the urban character of the annexation area meets the urban purposes requirements set
forth in Section 171.043 of the Florida Statutes entitled, "Character of the Area to be Annexed".
As an EPA Superfund Site, the subject property and annexation poses extraordinary issues and
considerations for the City Commission which are not ordinarily presented during the annexation
decision making process. The City Attorney and Staff have generally summarized several of these
issues and considerations in this Report. More information regarding the Superfund Site can be
obtained online by using the above referenced link to the EPA's website. According to the EPA
Record of Decision, it appears the contamination on the subject property will presumably be
remediated within the next 5 years or so if the remediation project is implemented successfully.
However,the annexation will presumably pose additional environmental liability concerns for the
268
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
Inrnrlmnted
1954
City if it is annexed so long as the site remains contaminated and under EPA's jurisdiction as a
Superfund Site.
Staff recommends that in determining whether the annexation is in the City's best interests, the
City Commission should weigh the benefits of the proposed annexation (including the proposed
use as an additional parking facility and ancillary office for the Applicant's existing auto auction
business located nearby in unincorporated Seminole County) against the additional environmental
liability concerns and the lost opportunity of adding the property to City's tax base.
Exhibits
Exhibit A—Annexation Map
Exhibit B—Legal Description
Exhibit C—Commission District Map
Exhibit D—Existing Future Land Use Map
Exhibit E—Proposed Future Land Use Designation
Exhibit F—Existing Zoning Map
Exhibit G—Proposed Zoning Map
Exhibit H—Utility Map
Exhibit I—Excerpt of EPA's Record of Decision
269
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Legal Description
PARCEL 1:
Lot 10, (less the East 95.83 feet); Lot 11 (less the East 95.83 feet of the North 35 feet and less the
South 65 feet of the East 319.83 feet); Lot 12 (less the East 119.83 feet); the North 60 feet of Lot
13 (less the East 119.83 feet thereof); all in Spring Hammock Replat, according to the plat
thereof, as recorded in Plat Book 7, Page 96, Public Records of Seminole County, Florida.
PARCEL I
The East 95.83 feet of Lot 10; the North 35.0 feet of the East 95.83 feet and the South 65.0 feet
of the East 319.83 feet of Lot 11; the East 119.83 feet of Lot 12; the East 119.83 feet of the
North 75 feet of Lot 13; the North 175 feet of Lot 20; the North 375 feet of Lot 21 and the North
575 feet of Lot 22, all in Spring Hammock Replat, according to the plat thereof, as recorded in
Plat Book 7, Page 96, Public Records of Seminole County, Florida; less right of way of Highway
17-92 and less real property described in Official Records Book 1050, Page 678, Public Records
of Seminole County, Florida.
PARCEL 3:
That part of Lots 10, 11, 21 and 22, Spring Hammock Replat, as recorded in Plat Book 7, Page
96, Public Records of Seminole County, Florida, described as follows:
From the Northeast corner of said Lot 21, run South 00°50'25" West a distance of 20.00 feet
along the East line of said Lot 21 for a Point of Beginning; thence North 88°01'35" West, parallel
to the North line of said Lot 21, a distance of 200.00 feet; thence North 00°50'25" East a distance
of 9.00 feet; thence North 88°01'35" West a distance of 41 feet; thence South 00°50'25" West a
distance of 5.70 feet; thence North 88°01'53" West a distance of 54.83 feet; thence South
00°50'25" West a distance of 123.30 feet; thence South 88°01'35" East a distance of 95.83 feet to
the West line of said Lot 21; thence South 00°50'25" West, along the West line of said Lot 21, a
distance of 60.00 feet; thence South 88°01'35" East a distance of 380.00 feet to a point 20.00 feet
West of the East line of said Lot 22; thence North 00°50'25" East, parallel to the East line of said
Lot 22, a distance of 180 feet; thence North 88°01'35" West a distance of 180 feet to the Point of
Beginning.
PARCEL 4:
The North 15 feet of the South 40 feet of Lot 13, Spring Hammock Replat, according to the plat
thereof, as recorded in Plat Book 7, Page 96, Public Records of Seminole County, Florida, LESS
the East 119.83 feet thereof.
271
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RECORD OF DECISION
GENERAL DYNAMICS LONGWOOD
SUPERFUND SITE
LONGWOOD, SEMINOLE COUNTY,
FLORIDA
EPA ID: FLR000091322
A
v,�E PA
PREPARED BY:
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
SUPERFUND & EMERGENCY MANAGEMENT DIVISION
ATLANTA, GEORGIA
278
General Dynamics Longwood Superfund Site
Record of Decision
September 2022
RECORD OF DECISION
TABLE OF CONTENTS
PART 1: DECLARATION...........................................................................................................1
1.0 Site Name and Location........................................................................................................1
2.0 Statement of Basis and Purpose...........................................................................................1
3.0 Assessment of the Site...........................................................................................................1
4.0 Description of the Selected Remedy....................................................................................1
5.0 Statutory Determinations.....................................................................................................2
6.0 Data Certification Checklist.................................................................................................2
7.0 Authorizing Signature..........................................................................................................3
PART 2: THE DECISION SUMMARY.....................................................................................4
1.0 Site Name,Location,and Brief Description.......................................................................4
2.0 Site History and Enforcement Activities.............................................................................4
2.1 Site Activities Leading to Current Problems.....................................................................4
2.2 History of Investigations and Cleanup Actions.................................................................5
2.3 History of CERCLA Enforcement Activities....................................................................6
3.0 Community Participation.....................................................................................................6
4.0 Scope and Role of the Response Action..............................................................................7
5.0 Site Characteristics...............................................................................................................7
5.1 Conceptual Site Model(CSM)..........................................................................................7
5.2 Site Overview....................................................................................................................8
5.2.1 Geologic,Hydrogeologic, and Topographic Information........................................8
5.3 Sampling Strategy.............................................................................................................9
5.4 Known or Suspected Sources of Contamination.............................................................11
5.5 Nature and Extent of Contamination...............................................................................1 l
5.5.1 Quantity/volume of waste that needs to be addressed...........................................13
5.5.2 Concentrations of COCs in each medium..............................................................13
5.5.3 Resource Conservation and Recovery Act(RCRA)Hazardous Wastes and
AffectedMedia..............................................................................................................................13
6.0 Current and Potential Future Land and Resource Uses.................................................13
7.0 Summary of Site Risks........................................................................................................13
7.1 Human Health Risk Assessment(HHRA) ......................................................................14
7.1.1 Hazard Identification.............................................................................................14
7.1.2 Exposure Assessment.............................................................................................15
7.1.3 Toxicity Assessment..............................................................................................15
7.1.4 Risk Characterization.............................................................................................16
7.2 Ecological Risk Assessment............................................................................................18
7.3 Basis for Action...............................................................................................................18
8.0 Remedial Action Objectives(RAOs).................................................................................18
9.0 Description of Alternatives.................................................................................................21
9.1 Alternative 1:No Action.................................................................................................21
9.2 Alternative 2: Institutional Controls................................................................................22
9.3 Alternative 3: MNA with Institutional Controls .............................................................22
i
279
General Dynamics Longwood Superf tnd Site
Record of Decision
September 2022
9.4 Alternative 4: Hydraulic Containment by Extraction Wells, Ex-Situ Treatment, and
Institutional Controls......................................................................................................23
9.5 Alternative 5: In-Situ Treatment with Reagent Injection and Institutional Controls......24
10.0 Comparative Analysis of Alternatives.............................................................................24
10.1 Overall Protection of Human Health and the Environment............................................25
10.2 Compliance with ARARs................................................................................................26
10.3 Long-Term Effectiveness and Permanence.....................................................................27
10.4 Reduction of Toxicity,Mobility, and Volume................................................................28
10.5 Short-Term Effectiveness................................................................................................28
10.6 Implementability..............................................................................................................28
10.7 Cost..................................................................................................................................29
10.8 State Acceptance .............................................................................................................29
10.9 Community Acceptance ..................................................................................................29
11.0 Principal Threat Waste.....................................................................................................29
12.0 Selected Remedy.................................................................................................................30
12.1 Detailed Description of the Selected Remedy.................................................................30
12.2 Summary of the Rationale for the Selected Remedy.......................................................31
12.3 Cost Estimate for the Selected Remedy..........................................................................31
12.4 Estimated Outcomes of the Selected Remedy.................................................................31
13.0 Statutory Determinations..................................................................................................32
13.1 Protection of Human Health and the Environment.........................................................32
13.2 Compliance with ARARs................................................................................................32
13.3 Cost Effectiveness...........................................................................................................33
13.4 Use of Permanent Solutions and Alternative Treatment Technologies to the Maximum
ExtentPracticable...........................................................................................................33
13.5 Preference for Treatment as a Principal Element............................................................33
13.6 Five-Year Review Requirements ....................................................................................33
13.7 Documentation of Significant Changes...........................................................................34
14.0 References...........................................................................................................................35
PART 3: RESPONSIVENESS SUMMARY.............................................................................36
1.0 Public Review Process........................................................................................................36
1.1 Introduction....................................................................................................................36
1.2 Public Review Process ....................................................................................................36
1.3 Public Comment Period,Public Meeting, and Availability Sessions .............................37
1.4 Receipt and Identification of Comments.........................................................................37
1.5 Locating Responses to Comments within the Comment and Response Index ...............37
2.0 References............................................................................................................................37
APPENDIX A. STATE OF FLORIDA CONCURRENCE..................................................A-1
APPENDIX B.COMMENT AND RESPONSE INDEX........................................................B-1
ii
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TABLES
Table 1: Highest Historical COC Concentrations Detected at the Site........................................39
Table2: HHRA Summary............................................................................................................39
Table 3: Site Groundwater Cleanup Levels..................................................................................40
Table 4: Summary of Estimated Costs for Each Alternative........................................................40
Table 5: ARARs and TBCs for General Dynamics Longwood Superfund Site,Longwood,
SeminoleCounty, Florida.....................................................................................................41
FIGURES
Figure1: Site Location.................................................................................................................. 57
Figure2: Site Vicinity...................................................................................................................58
Figure3: Site Plan.........................................................................................................................59
Figure 4: Detail of Site Plan Showing AOCs...............................................................................60
Figure5: Human Health CSM......................................................................................................61
Figure 6: Historical Chlorinated VOC Concentrations in Groundwater Near AOC-A................62
Figure 7: Concentrations of Primary VOCs and 1,4-Dioxane in Upper Surficial Aquifer
(July 2021)............................................................................................................................63
Figure 8: Concentrations of Primary VOCs and 1,4-Dioxane in Lower Surficial Aquifer
(July 202 1)............................................................................................................................64
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Record of Decision
September 2022
ACRONYMS AND ABBREVIATIONS
ADD Average Daily Dose
AOC Area of Concern
ARAR Applicable or Relevant and Appropriate Requirement
CERCLA Comprehensive Environmental Response,Compensation, and Liability Act
CFR Code of Federal Regulations
COC Chemical of Concern
COPC Chemical of Potential Concern
CSM Conceptual Site Model
CWA Clean Water Act
DNAPL Dense Non-Aqueous Phase Liquid
DPT Direct Push Technology
EPA U.S. Environmental Protection Agency
FAC Florida Administrative Code
FDEP Florida Department of Environmental Protection
FS Feasibility Study
GCTL Groundwater Cleanup Target Level
HAP Hazardous Air Pollutant
HHRA Human Health Risk Assessment
HI Hazard Index
HQ Hazard Quotient
IUR Inhalation Unit Risk
LADD Lifetime Average Daily Dose
MCL Maximum Contaminant Level
MIP Membrane Interface Probe
µg/L Micrograms per Liter
mg/kg Milligrams per Kilogram
mg/L Milligrams per Liter
NINA Monitored Natural Attenuation
NCP National Oil and Hazardous Substances Pollution Contingency Plan
NPL National Priorities List
OSHA Occupational Safety and Health Administration
O&M Operation and Maintenance
OU Operable Unit
ppb Parts per Billion
PRP Potentially Responsible Party
PVC Polyvinyl Chloride
RACM Regulated Asbestos-Containing Material
RAO Remedial Action Objective
RCRA Resource Conservation and Recovery Act
ROC Reference Concentration
RfD Reference Dose
RI Remedial Investigation
ROD Record of Decision
iv
282
General Dynamics Longwood Superfund Site
Record of Decision
September 2022
RPM Remedial Project Manager
RSL Regional Screening Level
SARA Superfund Amendments and Reauthorization Act of 1986
SCTL Soil Cleanup Target Level
SF Slope Factor
SI Site Inspection
Site General Dynamics Longwood Site
TBC To Be Considered
TBEL Technology Based Effluent Limit
UCL Upper Confidence Limit
VOC Volatile Organic Compound
VOHAP Volatile Organic Hazardous Air Pollutant
WQBEL Water Quality Based Effluent Limit
v
283
General Dynamics Longwood Superfund Site
Record of Decision
September 2022
PART 1: DECLARATION
1.0 Site Name and Location
General Dynamics Longwood Superfund Site
1333 North U.S. Highway 17/92,City of Longwood, Seminole County, Florida
Superfund Site Identification Number FLR000091322
2.0 Statement of Basis and Purpose
This Record of Decision (ROD)presents the Selected Remedy for the General Dynamics Longwood
Superfund Site (Site)in Longwood,Florida(Figure 1). The Selected Remedy(Alternative 5: In-Situ
Treatment with Reagent Injection and Institutional Controls)was chosen in accordance with the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980(CERCLA), as
amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), and the National Oil
and Hazardous Substances Pollution Contingency Plan(NCP)as set forth in 40 Code of Federal
Regulations (CFR) Part 300.430(f)(2). This decision is based on the Administrative Record for the Site.
The Site includes 8 acres of a 10-acre property formerly used for electronics manufacturing. The scope
of the remedy is groundwater contamination requiring cleanup under CERCLA.
The U.S. Environmental Protection Agency(EPA)is the lead agency for site activities. The Florida
Department of Environmental Protection(FDEP) is the support agency. In accordance with 40 CFR Part
300.430(f)(2),FDEP has provided input during the Remedial Investigation(RI)and Feasibility Study
(FS) and remedy selection process, and the State of Florida concurs with the Selected Remedy(see
Appendix A).
3.0 Assessment of the Site
The response action selected in this ROD is necessary to protect the public health or welfare or the
environment from actual or threatened releases of hazardous substances to the environment; and
pollutants or contaminants from the Site that may present an imminent and substantial endangerment to
public health or welfare. Groundwater contaminated with volatile organic compounds(VOCs),
including 1,4-dioxane at concentrations exceeding state and federal drinking water standards,poses an
unacceptable risk to human health and the environment.
4.0 Description of the Selected Remedy
The Selected Remedy(Alternative 5: In-Situ Treatment with Reagent Injection and Institutional
Controls)includes the following key remedy components:
• Injection of reagents into the aquifer to enhance the rate of reactions in groundwater at the Site
that are designed to destroy the groundwater contamination.
• Groundwater monitoring to assess the effectiveness of the injection program and attainment of
groundwater cleanup levels throughout the plume.
• Institutional controls to prevent drilling of groundwater supply wells and to restrict groundwater
use to preclude human exposure to contaminated groundwater until remedial action objectives
(RAOs)are met.
1
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General Dynamics Longwood Superfund Site
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September 2022
In-situ groundwater treatment may include using bioremediation techniques to stimulate the native or
augmented microorganisms in the ground to treat contaminants or in-situ chemical oxidation. Reagents
injected into the ground to stimulate the degradation may include primary substrates,cometabolites,
nutrients,or other microorganisms. The specifics of in-situ treatment will be further refined in the
remedial design. The injection program will consist of a grid of injection points inside and/or around
Building 3. Groundwater monitoring will be conducted during and after the injection program to assess
groundwater quality and whether additional injections (as part of continuing optimization of the
treatment remedy)are needed in order to attain RAOs. Remediation of groundwater should also mitigate
any possible unacceptable risk to human health from the vapor intrusion pathway.
There are no principal threat wastes known to be present on Site. The estimated timeframe for
construction completion is less than one year. Long-term monitoring is expected to continue until
groundwater cleanup levels are attained throughout the plume.
5.0 Statutory Determinations
The Selected Remedy meets the requirements for remedial actions set forth in Section 121 of CERCLA,
42 U.S.C. Section 9621, and the NCP at 40 CFR Part 300.430(f)(1)(ii)because it: 1) is protective of
human health and the environment; 2)complies with applicable or relevant and appropriate
requirements (AR.ARs); 3) is cost effective; and 4) uses permanent solutions and alternative treatments
(or resource recovery)technologies to the maximum extent practicable. Because this remedy will result
in hazardous substances, pollutants, or contaminants remaining above levels that allow for unlimited use
and unrestricted exposure while the remedy is being implemented,a five-year review will be required
for this remedial action until groundwater cleanup levels are attained.No five-year review will be
necessary if the remedial action achieves cleanup levels within the first five years.
The Selected Remedy satisfies the statutory preference to use treatment to address principal threats as a
principal element of the remedy.Although there are no principal threat wastes known to be present,the
Selected Remedy includes injecting reagents directly into the groundwater to enhance the natural
breakdown of contaminants,thus reducing the toxicity,mobility, and volume of contaminants.
6.0 Data Certification Checklist
The following information is included in the Decision Summary section of this ROD.More information
can be found in the Administrative Record file for the Site.
• Chemicals of concern (COCs)and their respective concentrations(Section 5).
• Baseline risk represented by the COCs (Section 7).
• Cleanup levels established for CDCs and the basis for these levels (Section 8).
• How source materials constituting principal threats will be addressed(Section 11).
• Current and reasonably anticipated future land use assumptions (Section 6).
• Potential land use that will be available at the Site as a result of the Selected Remedy(Section 6).
• Estimated capital, annual operation and maintenance(O&M), and total present worth costs,
discount rate,and the number of years over which the remedy cost estimates are projected
(Section 10).
2
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General Dynamics Longwood Superfund Site
Record of Decision
September 2022
e Key factors that led to selecting the remedy (i.e.,describe how the Selected Remedy provides the
best balance of tradeoffs with respect to the balancing and modifying criteria,highlighting
criteria key to the decision)(Section 12).
7.0 Authorizing Signature
signed by
RANDALL Ra DIALLCHAFFINS
CHAFFINS "a"3:: 4'06'3 9/23/2022
34.0
Carol J. Monell,Director Date
Superfund&Emergency Management Division
U.S. Environmental Protection Agency,Region 4
3
286
ORDINANCE NO. 2023-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, ANNEXING FOUR (4)
PARCELS OF LAND OWNED BY FLORIDA AUTO AUCTION
PROPERTIES,LLC,AND COMPRISING APPROXIMATELY 9.82
GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN
SEMINOLE COUNTY,FLORIDA,AND GENERALLY LOCATED
AT 1333 N US IIWY 17-92; SAID PARCEL BEING MORE
PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT
"A" ATTACHED HERETO; PROVIDING FOR THE
AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II,
BOUNDARIES, TO INCORPORATE THE REAL PROPERTY
INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING
OF THE REVISED WINTER SPRINGS CHARTER WITH
APPROPRIATE AGENCIES UPON SAID APPROVAL;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, this is a voluntary annexation initiated by Florida Auto Auction Properties, LLC, a
Florida Limited Liability Company ("Petitioner"), for real property which was acquired by the Petitioner
on August 15,2022,pursuant to the annexation procedures contained in section 171.044,Florida Statutes;
and
WHEREAS, the City Commission has determined that the subject real property is reasonably
compact and contiguous with the boundaries of the City of Winter Springs and will not create an enclave,
and that the subject property otherwise satisfies the requirements for annexation; and
WHEREAS, this annexation is in compliance and consistent with the goals and objectives of the
City of Winter Springs Comprehensive Plan, Charter, and City Code;and
WHEREAS, upon the effective date of this Ordinance, the municipal boundary lines of the City
of Winter Springs,contained in Winter Springs Charter,Article II,shall be redefined to include the subject
real property; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs,
Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
HEREBY ORDAINS,AS FOLLOWS:
Section 1. Annexation of Real Property. The area of real property, which is more
particularly described in the metes and bounds legal description and map attached hereto as Exhibit "A,"
City of Winter Springs
Ordinance No. 2023-02
Page 1 of 3
287
is hereby annexed into the City of Winter Springs by the City Commission. Exhibit "A" is hereby fully
incorporated herein by this reference.
Section 2. City Boundaries Redefined; Winter Springs Charter Amended. Pursuant to
sections 166.031(3) and 171.091, Florida Statutes,the City of Winter Springs Charter, Article II, Section
2.0 1,shall hereby be amended to redefine the corporate boundaries of the City of Winter Springs to include
the area of real property described in Section 1 of this Ordinance. The City Clerk shall file the revised
Winter Springs Charter,Article II, Section 2.01,with the Department of State within thirty(30)days upon
said approval and shall provide a copy to the Office of Economic and Demographic Research along with a
statement specifying the population census effect and the affected land area. The City Clerk shall also file
this Ordinance with the Clerk of the Circuit Court of Seminole County,the Chief Administrator of Seminole
County, and the Department of State within seven(7)days of the effective date.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances
and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent
of the conflict.
Section 4. Severability. Should any section or provision of this Ordinance,or any portion
hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared
invalid.
Section 5. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs,Florida, and pursuant to the City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the day of 12023.
Kevin McCann,Mayor
ATTEST:
Christian Gowan, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Legal Ad: 12023
First Reading: 12023
City of Winter Springs
Ordinance No. 2023-02
Page 2 of 3
288
Second Legal Ad: 12023
Second Reading: 12023
Effective Date: 12023
City of Winter Springs
Ordinance No. 2023-02
Page 3 of 3
289
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