Loading...
HomeMy WebLinkAbout2021 01 11 Notice of Performance Breach Letter (Veolia).pdf'• C� CITY OF WINTER SPRINGS, FLORIDA :. •zr,.nnatrd ? 1126 EAST STATE ROAD 434 " • WINTER SPRINGS, FLORIDA 32708-2799 TELEPHONE: (407) 327-1800 FACSIMILE: (407) 327-4753 WEBSITE: www.winterspringsfl.org January 11, 2021 Veolia North America — South, LLC 53 State Street, 14 Floor Boston, MA 02019 Re: Agreement - Notice of Performance Breach Dear Robert Nicholas: By letter dated January 5, 2021, the City was notified by the Florida Department of Environmental Protection of a possible violation related to the City's sewer facility ("FDEP Letter"). The sewer facility is currently being maintained, operated and managed by Veolia North America — South, LLC ("Veolia") pursuant to the terms and conditions set for in the Agreement for Utilities Operations, Maintenance and Management Services between Veolia and the City, dated October 21, 2019 ("Agreement"). Although the facility properly reported several unauthorized discharges of less than 1,000 gallons in November and December 2020, the FDEP Letter cites to the facility's failure to do so within 24 hours of discovery. Additionally, the FDEP Letter cites to the recent unauthorized discharge of approximately 10,000 — 15,000 gallons of partially treated effluent that impacted a pond in the Highlands Neighborhood on January 2, 2021. In accordance with Section 4 of the Agreement, Veolia is responsible for providing comprehensive operation, maintenance and management services related to the City's sewer facilities, and specifically, Veolia is responsible for preparing and transmitting plant performance reports to appropriate regulatory authorities as required by law. Please be advised that the untimely reporting and unauthorized discharge incidents identified in the FDEP Letter constitute a performance breach by Veolia under the Agreement, and that Veolia must take whatever steps are necessary to cure and remedy this performance breach as required by Paragraph 12.3 of the Agreement. Moreover, to the extent the City suffers any damages or liability including, but not limited to fines or penalties imposed by FDEP, the City will hold Veolia responsible for said damages, fines or penalties, if applicable, pursuant to Paragraph 11 of the Agreement. In the future, the City is also requesting that Veolia immediately notify the City Manager and City Commission, by City email, of any future reporting or discharge violations that may occur at any of the City's utilities facilities under Veolia's operation, maintenance and management for the duration of the term of the Agreement. Said email CITY OF WINTER SPRINGS, FLORIDA 1u;9 ! 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 TELEPHONE: (407) 327-1800 FACSIMILE: (407) 327-4753 WEBSITE: www.winterspringsfl.org notice must be concurrent with Veolia's responsibilities to notify FDEP and any other regulatory authority as required by law. Lastly, please provide a written response identifying what action(s) have been completed or will be taken to prevent these violations from occurring again in the future. Yours sincerely, i Shawn i,e, City Manager Cc: Mayor and City Commission City Attorney